Office of Public Prosecutions
Ms. Raeleene Maxwell
565 Lonsdale St 8th October 2008
Melbourne VIC 3000
Dear Ms Raeleene Maxwell Re:Case No. X00340105
I write to bring to you attention a number of issue concerning this matter:-
Firstly, I received the Statement by M. A. Casley Senior Constable, plus photos, which. I thank you for.
Secondly, To make you aware that I have been disadva0ntaged by an error of judgement made at the Marybrough Court on the 8th April 2008, As the Magistrate may have erred in this ruling, as I reside closer to Marybrough and the Moligul property is where more major offence occurred. For your convenience I have enclosed copies of letter "complaint" dated:-
16Th July 2008 To Senior Registrar Stephen Merbach Ballarat, which highlights my reason for concern.
I feel aggrieved by the action of the Magistrate at the Marybrough Magistrates’ Court on the 8th April 2008, and at the St. Arnaud Magistrates Court. 22 May 2008. I trust that any further matters are dealt with in the appropriate Ballarat Court. not the Horsham Courts.
As you are aware of my position and role with in the Aboriginal community, I only ask to be given the same opportunity and courtesy given to others in our community, and as expected by the general public of Victoria.
Thirdly I have also enclosed herewith, a copy, of Sruntiny of Acts and Regulations Committee Executive Officer Helen M Mason, dated 26 August 1996, Which demonstrates the fact that the Victoria Government has no legislated Act, to make laws order and good government for the Indigenous People of Victoria. I note that Victorian Constitution Act 1975 No. 88750 does not mention the Aboriginal People at all.
Considering the time already elapsed, I ask have as yet obtain any documentation or evidence whatsoever that contradicts the above. It would be appreciated if you could forward copies of such at your most earliest moment.
Yours sincerely
Les McDonald
Tuesday, October 7, 2008
Monday, October 6, 2008
Need the answers to legal (2) issues
The following is (in part) letters to A-G.and his department responce, I feel the Attorney-General may not realise the importance of the questions put to him.
1st July 2008 Letter to Attorney-General Rob Hulls,." As advised, I now ask the Attorney-General, to clarify if the issue at hand,
1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria.
2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.
3rd August 2008 To Attorney-General Rob Hulls, "Re: Courts Jurisdiction I write to bring to your attention that as yet I have not received any response to the Urgent issues raised in my Letter dated 1st July 2008".. "As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity"
6th August 2008. From Attorney-General "We have received your correspondence of 1 July and your further letter of 3 August".." correspondence is referred to the Department of Justice for a response to be prepared. Due to the volume received and the work involved immediate responses cannot be provided" Yours sincerely, Lyn Malone,DLO Justice Office, Office of the Attorney-General
13 From the Department of Justice, Office of the Executive Director, Courts On behalf of Attorney-General Rob Hulls, You have requested that the Attorney-General clarify the following issues" (see 1. and 2 as 1st July 2008 ) "I note that you currently have a matter before the Magistrates' Court. The matters you raised are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your mater.
signed JOHN GRIFFIN, PSM Executive Director, Courts
I point out, the only time people need to clarify Legal Issues is when the matter is before the Courts, It is very disappointing that the Attorney-General or no public servant can not provide this legal advice. Why is this so?
Is it because,
(a) The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People" or
(b) "The matters raised are legal issues; would that clarify that the Victorian Government has no power to make Laws for peace, order and Good Government for the aboriginal people of Victoria
Your personal comments would be greatly appreciated,
Your sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
1st July 2008 Letter to Attorney-General Rob Hulls,." As advised, I now ask the Attorney-General, to clarify if the issue at hand,
1. Has the Victorian Parliament the proper legislated power to make laws for the Aboriginal People of Victoria, Considering that The Victorian Constitution Act 1975 does not mention the Aboriginal race of Victoria.
2. If the Courts Jurisdiction is question in the Magistrates Court, should the matter then be transferred to The Supreme Court of Victoria, to address the Jurisdiction issue.
3rd August 2008 To Attorney-General Rob Hulls, "Re: Courts Jurisdiction I write to bring to your attention that as yet I have not received any response to the Urgent issues raised in my Letter dated 1st July 2008".. "As this matter is most urgent and of growing public interest, it would be greatly appreciated if you attend to the matters raised at your earliest opportunity"
6th August 2008. From Attorney-General "We have received your correspondence of 1 July and your further letter of 3 August".." correspondence is referred to the Department of Justice for a response to be prepared. Due to the volume received and the work involved immediate responses cannot be provided" Yours sincerely, Lyn Malone,DLO Justice Office, Office of the Attorney-General
13 From the Department of Justice, Office of the Executive Director, Courts On behalf of Attorney-General Rob Hulls, You have requested that the Attorney-General clarify the following issues" (see 1. and 2 as 1st July 2008 ) "I note that you currently have a matter before the Magistrates' Court. The matters you raised are legal issues; neither the Attorney-General nor any public servant can provide you with legal advice about your mater.
signed JOHN GRIFFIN, PSM Executive Director, Courts
I point out, the only time people need to clarify Legal Issues is when the matter is before the Courts, It is very disappointing that the Attorney-General or no public servant can not provide this legal advice. Why is this so?
Is it because,
(a) The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People" or
(b) "The matters raised are legal issues; would that clarify that the Victorian Government has no power to make Laws for peace, order and Good Government for the aboriginal people of Victoria
Your personal comments would be greatly appreciated,
Your sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Wednesday, September 17, 2008
Public Jury. Verdict Point first point 1
U" Be The Judge, Re: Jurisdiction of the Courts, at Magistrate 22 May 200, Magistrate (Hon) Officer of Public Prosecution (Opp). Defendant (Def)
Court Transcript start at 00:00:00 at 00:00: 31 raised the of matter Jurisdiction:-
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Stopped at 00:0048
Public Jury. Verdict Point first point 1
His Hon. Imagined that it would be in the Country, the Defendant it would be in the Supreme Court, and the OPP disagreed saying No.
Who is right, Now whom to you say is correct
4:1 start typing
and ends at (00:42:45
It will be of interest to note the many letters previouly post to Chief Magistrates and Departments requesting the matter of the Victorian Parliament and the Courts to clarify the qustion for Jurisdiction over the Aboriginal people of Victoria, which still has not been addressed. you may well ask why not,
Court Transcript start at 00:00:00 at 00:00: 31 raised the of matter Jurisdiction:-
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Stopped at 00:0048
Public Jury. Verdict Point first point 1
His Hon. Imagined that it would be in the Country, the Defendant it would be in the Supreme Court, and the OPP disagreed saying No.
Who is right, Now whom to you say is correct
4:1 start typing
and ends at (00:42:45
It will be of interest to note the many letters previouly post to Chief Magistrates and Departments requesting the matter of the Victorian Parliament and the Courts to clarify the qustion for Jurisdiction over the Aboriginal people of Victoria, which still has not been addressed. you may well ask why not,
Court day 22 May 2008
Typed Transcript, Hosrham Magistrates’ Court 22 May 2008
As the Office of Public Prosecution, Ms. Raeleene Maxwell after a brief conversation with the Defendant, explained that she would have to get the matter adjourned, as she had been shown evidence that supported the Defendants claim, "no Jurisdiction over aboriginal People" Ms Maxwell requested the adjournment, His honour told her wait and proceed to
engage issues with the defendant, the opening of the court disk recording unfortunately does not include the opening remarks by Ms. Maxwell as starts at:- 00:00:00
OPP. challengers the constitution, and whether or not (int)
Hon. As I understand it ..their is some evidence in the community. ah ah he is the Chief Justice of the of the Aboriginal Embassy
Opp. I’m just finding out those matters ..I was just having a conversation with him. when I was called into court
Hon I don’t know if those matters have really much to do with this
Opp. No
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Hon. No its no.. I notice in your correspondence you refer to fact the issue should be dealt with in the high court... ah ..that not the case, this is state legislation ..that is not the case, this is state legislation, and is not a matter that goes with the commonwealth constitution or it interpretation, there for it doesn't start live in the High Court ..in fact is the constitution doesn't deal with jurisdiction over indigenous persons, .in fact includes indigenous persons that... the Victorian constitution act ..relates to all person in Victoria
Def. My point is that (int)
Hon. taat.. that a point you are entitled to if you like to raise at some stage it seams to me that some thing like that should take place in the County Court not here
Def. I have no objections to that sir but the Victoria constitution does not mention the word aboriginal in any way whatsoever (int)
Hon. right there is nothing to distinguish the origin of one person for another whether male or female whether or regional of what ever race of what ever origin race ...the constitution act gives power to the parliament to enact legislation for good government of all persons in Victoria.
Def. the Victorian constitution acts relates to all the states in 1975 all the Aboriginal affairs were put under the federal government. Victoria the only state that maintains it’s own power since 1975 to make laws for peace order and good government for Aboriginal people, the first constitution was made 1874 and the one we taking about 1975, now the point that have to raise on behalf of a lot people because is doesn't presciently say the aboriginal people. The Australian Constitution will mention the word Aboriginal people, I’m not sure what .. what section it’s under, but is there, but the Victorian Constitution fails to mention the rightful possessors of the people, the aboriginal people (int)
Def. yeap
Hon. nether that nor the constitutions apply ..to any .. persific ..persons described by religion racial origin colour our any other matter they apply equal to all person in Victoria and that is the end the end of the matter
Def Right I (Int)
Def. The point is and I must ask as I am required to get a clarification is if the Constitution covers the aboriginal people (int)
Hon. that why that why it would be properly be ah ah fortified ah ah the it be a benefit to you to raise this issue in the County Court, you follow
Def. well I I...I got a letter here date 1996, the prosecution .. if I could just read it out you like to see it
Hon. I’v I’v read the whole lot ...yes.
Def. it’s.. from the Scrutiny of Acts and Regulations Committee I wrote 26 August 1996,. she apologise for the delay in responding, " I am afraid I am not able to be assistance to you, I am unaware of any act which gives the Victorian Government the power to make laws for peace, order and good government for indigenous people" that was in 1996. your Honour, and what’s happened I’ve kept it very quite, I've ask the Government, if there is any doubt over the law take it back to Parliament to clarify the law, ..(int)
Hon. was that the 26 August I’v got a letter here 8th August
Def. that might be my letter to the her, Regulations Committee
Hon. got one 19th August ...
Def, this is from Scrutiny of Acts and Regulations Committee from them to me at Church Avenue
Hon. Yes this is Church Avenue
Def does that say.. that the point I mean I don’t want people using this point if there done something wrong hurt some one drove a car or punched some one in the heads or something like that, it’s just to do with our natural being, we believe...
Hon. I don’t know if that helps you.. I don’t know if you should repeat that sort of term, because that may undermine your position, you can say what ever you want, I think for the purpose of future issues I don’t think I used that term of acknowledge
Def. I think you advice except sir
Def . I need the prosecution to, as the position that I find myself in.. I am told to ask the prosecution, I need the act that gives the Victorian Government the power to make laws for the Aboriginal people. it’s simple
Hon. that’s thats one .you see your not going to get an act which makes it simple, unfortunately, laws are produce in the terms of statuary which are designed to be confusing, created with great difficulty for those proposed to interpret them. follow
Def. My question with that..has the question of Jurisdiction, can I be put that, I am clear in the mind. with the peoples interest, has the court jurisdiction over the Aboriginal people of Victoria, the Victorian constitution has let me down it can’t be required, the letter I had sent to the committee, in 1996 (int)
Hon. Ive, Ive got to say Mr McDonald, if you argument was successful then the constitution Acts ...would in fact let down the rest of the population of Victoria, (yes) because it would mean ah ah the legislation somehow is able to discriminate between persons in Victoria,. You follow, and that would (yeah) be an unacceptable result
Def. The problem that I’ve got regarding the people, is that they weren't here, the Aboriginals weren’t here, this goes back a long way, you know, and that’s why they never got recognised in the constitution, because the constitution couldn't recognise em (int)
Hon. Mr. McDonald , Lets sort of lexical for a moment, if you take that argument to the extreme, I am sure persons ah with different racial ah religious backgrounds in thoes days, you follow (emm) that is person ..Asian origin ...person of .south American orgin north American origin, you follow (emm) all in Victoria represented at that time (yeah) represented by one person right (yeah) but you got to address that the constitution applies to them, there are Aboriginals is Victoria at that time, (emm) the constitution applies to them, there is no base for differentiate between them (ok then) the application of the legislation achieved by the constitution to any specific person rather it applies to the whole that’s
Def. That’s thats the point, the objective is that the aboriginal people are a nation within side a nation you agree (ok) do you agree with that (Mr McDonald)
Hon. Now Mr.McDomald your not.. not going, your not going to get me involved with (int)
Def. I like to debate that with you..
Hon. Unfortunately Mr. McDonald ah....gone thru this now ah a few to many times (right) so regretfully got to move on for their is other people (unclear) Stop OO:37:07 ends (00:42:45)
Adjourned till 16 October2008 Horsham Magistartes Court
As the Office of Public Prosecution, Ms. Raeleene Maxwell after a brief conversation with the Defendant, explained that she would have to get the matter adjourned, as she had been shown evidence that supported the Defendants claim, "no Jurisdiction over aboriginal People" Ms Maxwell requested the adjournment, His honour told her wait and proceed to
engage issues with the defendant, the opening of the court disk recording unfortunately does not include the opening remarks by Ms. Maxwell as starts at:- 00:00:00
OPP. challengers the constitution, and whether or not (int)
Hon. As I understand it ..their is some evidence in the community. ah ah he is the Chief Justice of the of the Aboriginal Embassy
Opp. I’m just finding out those matters ..I was just having a conversation with him. when I was called into court
Hon I don’t know if those matters have really much to do with this
Opp. No
Hon. Because, because. if in fact their was going to be a challenge..to ah. .Jurisdiction ..it’s a challenge ..which will take place I would imagine would be in the County Court
Def. I was under the impression it would be the Supreme court
Opp. No
Hon. No its no.. I notice in your correspondence you refer to fact the issue should be dealt with in the high court... ah ..that not the case, this is state legislation ..that is not the case, this is state legislation, and is not a matter that goes with the commonwealth constitution or it interpretation, there for it doesn't start live in the High Court ..in fact is the constitution doesn't deal with jurisdiction over indigenous persons, .in fact includes indigenous persons that... the Victorian constitution act ..relates to all person in Victoria
Def. My point is that (int)
Hon. taat.. that a point you are entitled to if you like to raise at some stage it seams to me that some thing like that should take place in the County Court not here
Def. I have no objections to that sir but the Victoria constitution does not mention the word aboriginal in any way whatsoever (int)
Hon. right there is nothing to distinguish the origin of one person for another whether male or female whether or regional of what ever race of what ever origin race ...the constitution act gives power to the parliament to enact legislation for good government of all persons in Victoria.
Def. the Victorian constitution acts relates to all the states in 1975 all the Aboriginal affairs were put under the federal government. Victoria the only state that maintains it’s own power since 1975 to make laws for peace order and good government for Aboriginal people, the first constitution was made 1874 and the one we taking about 1975, now the point that have to raise on behalf of a lot people because is doesn't presciently say the aboriginal people. The Australian Constitution will mention the word Aboriginal people, I’m not sure what .. what section it’s under, but is there, but the Victorian Constitution fails to mention the rightful possessors of the people, the aboriginal people (int)
Def. yeap
Hon. nether that nor the constitutions apply ..to any .. persific ..persons described by religion racial origin colour our any other matter they apply equal to all person in Victoria and that is the end the end of the matter
Def Right I (Int)
Def. The point is and I must ask as I am required to get a clarification is if the Constitution covers the aboriginal people (int)
Hon. that why that why it would be properly be ah ah fortified ah ah the it be a benefit to you to raise this issue in the County Court, you follow
Def. well I I...I got a letter here date 1996, the prosecution .. if I could just read it out you like to see it
Hon. I’v I’v read the whole lot ...yes.
Def. it’s.. from the Scrutiny of Acts and Regulations Committee I wrote 26 August 1996,. she apologise for the delay in responding, " I am afraid I am not able to be assistance to you, I am unaware of any act which gives the Victorian Government the power to make laws for peace, order and good government for indigenous people" that was in 1996. your Honour, and what’s happened I’ve kept it very quite, I've ask the Government, if there is any doubt over the law take it back to Parliament to clarify the law, ..(int)
Hon. was that the 26 August I’v got a letter here 8th August
Def. that might be my letter to the her, Regulations Committee
Hon. got one 19th August ...
Def, this is from Scrutiny of Acts and Regulations Committee from them to me at Church Avenue
Hon. Yes this is Church Avenue
Def does that say.. that the point I mean I don’t want people using this point if there done something wrong hurt some one drove a car or punched some one in the heads or something like that, it’s just to do with our natural being, we believe...
Hon. I don’t know if that helps you.. I don’t know if you should repeat that sort of term, because that may undermine your position, you can say what ever you want, I think for the purpose of future issues I don’t think I used that term of acknowledge
Def. I think you advice except sir
Def . I need the prosecution to, as the position that I find myself in.. I am told to ask the prosecution, I need the act that gives the Victorian Government the power to make laws for the Aboriginal people. it’s simple
Hon. that’s thats one .you see your not going to get an act which makes it simple, unfortunately, laws are produce in the terms of statuary which are designed to be confusing, created with great difficulty for those proposed to interpret them. follow
Def. My question with that..has the question of Jurisdiction, can I be put that, I am clear in the mind. with the peoples interest, has the court jurisdiction over the Aboriginal people of Victoria, the Victorian constitution has let me down it can’t be required, the letter I had sent to the committee, in 1996 (int)
Hon. Ive, Ive got to say Mr McDonald, if you argument was successful then the constitution Acts ...would in fact let down the rest of the population of Victoria, (yes) because it would mean ah ah the legislation somehow is able to discriminate between persons in Victoria,. You follow, and that would (yeah) be an unacceptable result
Def. The problem that I’ve got regarding the people, is that they weren't here, the Aboriginals weren’t here, this goes back a long way, you know, and that’s why they never got recognised in the constitution, because the constitution couldn't recognise em (int)
Hon. Mr. McDonald , Lets sort of lexical for a moment, if you take that argument to the extreme, I am sure persons ah with different racial ah religious backgrounds in thoes days, you follow (emm) that is person ..Asian origin ...person of .south American orgin north American origin, you follow (emm) all in Victoria represented at that time (yeah) represented by one person right (yeah) but you got to address that the constitution applies to them, there are Aboriginals is Victoria at that time, (emm) the constitution applies to them, there is no base for differentiate between them (ok then) the application of the legislation achieved by the constitution to any specific person rather it applies to the whole that’s
Def. That’s thats the point, the objective is that the aboriginal people are a nation within side a nation you agree (ok) do you agree with that (Mr McDonald)
Hon. Now Mr.McDomald your not.. not going, your not going to get me involved with (int)
Def. I like to debate that with you..
Hon. Unfortunately Mr. McDonald ah....gone thru this now ah a few to many times (right) so regretfully got to move on for their is other people (unclear) Stop OO:37:07 ends (00:42:45)
Adjourned till 16 October2008 Horsham Magistartes Court
Wednesday, September 10, 2008
Paac Interest 10/9/08
Elder Morwell 10 September 2008
Dear....
Re:Premiers Aboriginal Advisory Council & LINs-RICs
Firstly, Background The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People"
"Indigenous people in Victoria have made it clear it’s important to have their voice heard within Government and the Bracks Government wants to work to ensure there is an inclusive way for government to speak with Indigenous people and hear there Views and Aspiration,
A working party led Mr. Troy Austin, the Binjirru Regional Council Chairperson, Ms Daphne Yarram and Tumbukka Chairperson Mr. Tim Chatfield, have committed to leading the way in discussion with Indigenous communities about the representative structure best suited to them. Over the following weeks many concerns Indigenous citizens sign up Lins as a direct result of the discussions. Background ends here.
4th September 2008 Leonie Solomon-Green (AAV) notified (via Email) Lin Members, The government is calling for expressions of interest (EOI) from all LIN members who have an interest in representing their region on the PAAC.
The Representative Structure, Thirty-Eight new Local Indigenous Networks (LINs) and eight Regional Indigenous Councils (RICs) are being established across Victoria and from 2009 representatives from those regional groups will join the Premiers Advisory Council (PAAC)
It is most important to note, Step One Lin Members consider the Criteria for representing their region on PAAC and Decide Whether they wish to express interest in the role" All Members must summit their Expression of interest by the 22 September 2008.
I note that, "An Indigenous Selection panel will evaluate the expression of interest submitted" As I have no knowledge of what person or persons are on the Indigenous selection panel, I can not offer any comment on such at this stage.
Selection Criteria. I feel, limits the participation of many Indigenous Victorians, exp. 1. Experience in community forums and committees. 2. Knowledge and experience in identifying local issues, working to resolve them based on particular examples and out comes. 3. Knowledge or expertise in a key area that will contribute to the balance and skills of PAAC, and 4. Commitment to working in partnership with Government.
Unfortunately the Selection Criteria makes no mention or commitment to uphold Aboriginal Sovereignty of the State of Victoria. or the old lore of the Aboriginal people which some still adhere to.
Timetable for LINs and RICs application will be from Friday 5th September till 2pm on Monday 22 September 2008 filled with the Indigenous Community Engagement Brocker for the region. (Concerns were raised at the Notice and the short time left to respond.)
On 9th September 2008, The AEV had been requested to help clarify the issues, Email to AAV Simon Holmes Project Manger:- It would be appreciated if you could inform us of:-
1. The Eight LINs that have already established in different regions, 2. .the names of the two representatives in the each area 3.. and the region (area) that they represent.
Response received 6.30 Email from Simon.Holmes explaining that
"..so far 25 of the 38 have been established" .."There are some communities that are expected to form a LIN before the PAAC is finalised"Victoria is divided up into 8 regions. Each of these 8 regions will eventually have a Regional Indigenous Council (RICs). The RICs have not yet been established. When they are set up each LIN will send one man and one woman to represent them on their RIC.
I am also attaching a copy of the brochure, "A Voice for Indigenous Victorians". On page 10 is a map and list of all the Regions and all the LINs.
If you consider the attachment "A voice for Indigenous Victorians" you may note Local Indigenous Networks will be set up across Victoria by (now) July 2010. date has changed. Enclosed herewith a copy of LINs already established
"Once the LINs are established, eight Regional Indigenous Councils will be set up. Made up of two representatives from each LIN within the regions, the Councils will bring together the
priorities and plans of the LINs and link them with the existing Premier’s Aboriginal Advisory Council.
(Note the Northern and Western Metropolitan region, covers Thornbury, Fitzroy, Whittlesea, Broadmeadows. Werribee, Maribyrnong, where a very large part of the Aboriginal population now reside).
Conclusion Over the last twelve years or so there has been growing unrest and commuity discomfort in the performance of some Government funded Aboriginal organisation and Co-op, that may have neglected their duty of care to the Aboriginal community, Based on AEV own experience over many years dealing with these bodies, it would be within reason to suggest, that the final eight Regional Indigenous Council, Whose members are not connected in any way with Government funded Aboriginal organisation already existing, As this will easy the work load on them, and give new views and opinions to the Premiers Aboriginal Advisory Council.
Hoping this is of some assistance to you
Yours sincerely
Les McDonald
Chief Lore Office
Aboriginal Embassy Victoria
Dear....
Re:Premiers Aboriginal Advisory Council & LINs-RICs
Firstly, Background The former Minister for Aboriginal Affairs Mr. Jennings. media release of dated Wednesday, 8 June 2005, made it know that "From July 1st ATSIC regional councils end and their will be no formal representative striation in Victoria for Government to hear the views of Indigenous People"
"Indigenous people in Victoria have made it clear it’s important to have their voice heard within Government and the Bracks Government wants to work to ensure there is an inclusive way for government to speak with Indigenous people and hear there Views and Aspiration,
A working party led Mr. Troy Austin, the Binjirru Regional Council Chairperson, Ms Daphne Yarram and Tumbukka Chairperson Mr. Tim Chatfield, have committed to leading the way in discussion with Indigenous communities about the representative structure best suited to them. Over the following weeks many concerns Indigenous citizens sign up Lins as a direct result of the discussions. Background ends here.
4th September 2008 Leonie Solomon-Green (AAV) notified (via Email) Lin Members, The government is calling for expressions of interest (EOI) from all LIN members who have an interest in representing their region on the PAAC.
The Representative Structure, Thirty-Eight new Local Indigenous Networks (LINs) and eight Regional Indigenous Councils (RICs) are being established across Victoria and from 2009 representatives from those regional groups will join the Premiers Advisory Council (PAAC)
It is most important to note, Step One Lin Members consider the Criteria for representing their region on PAAC and Decide Whether they wish to express interest in the role" All Members must summit their Expression of interest by the 22 September 2008.
I note that, "An Indigenous Selection panel will evaluate the expression of interest submitted" As I have no knowledge of what person or persons are on the Indigenous selection panel, I can not offer any comment on such at this stage.
Selection Criteria. I feel, limits the participation of many Indigenous Victorians, exp. 1. Experience in community forums and committees. 2. Knowledge and experience in identifying local issues, working to resolve them based on particular examples and out comes. 3. Knowledge or expertise in a key area that will contribute to the balance and skills of PAAC, and 4. Commitment to working in partnership with Government.
Unfortunately the Selection Criteria makes no mention or commitment to uphold Aboriginal Sovereignty of the State of Victoria. or the old lore of the Aboriginal people which some still adhere to.
Timetable for LINs and RICs application will be from Friday 5th September till 2pm on Monday 22 September 2008 filled with the Indigenous Community Engagement Brocker for the region. (Concerns were raised at the Notice and the short time left to respond.)
On 9th September 2008, The AEV had been requested to help clarify the issues, Email to AAV Simon Holmes Project Manger:- It would be appreciated if you could inform us of:-
1. The Eight LINs that have already established in different regions, 2. .the names of the two representatives in the each area 3.. and the region (area) that they represent.
Response received 6.30 Email from Simon.Holmes explaining that
"..so far 25 of the 38 have been established" .."There are some communities that are expected to form a LIN before the PAAC is finalised"Victoria is divided up into 8 regions. Each of these 8 regions will eventually have a Regional Indigenous Council (RICs). The RICs have not yet been established. When they are set up each LIN will send one man and one woman to represent them on their RIC.
I am also attaching a copy of the brochure, "A Voice for Indigenous Victorians". On page 10 is a map and list of all the Regions and all the LINs.
If you consider the attachment "A voice for Indigenous Victorians" you may note Local Indigenous Networks will be set up across Victoria by (now) July 2010. date has changed. Enclosed herewith a copy of LINs already established
"Once the LINs are established, eight Regional Indigenous Councils will be set up. Made up of two representatives from each LIN within the regions, the Councils will bring together the
priorities and plans of the LINs and link them with the existing Premier’s Aboriginal Advisory Council.
(Note the Northern and Western Metropolitan region, covers Thornbury, Fitzroy, Whittlesea, Broadmeadows. Werribee, Maribyrnong, where a very large part of the Aboriginal population now reside).
Conclusion Over the last twelve years or so there has been growing unrest and commuity discomfort in the performance of some Government funded Aboriginal organisation and Co-op, that may have neglected their duty of care to the Aboriginal community, Based on AEV own experience over many years dealing with these bodies, it would be within reason to suggest, that the final eight Regional Indigenous Council, Whose members are not connected in any way with Government funded Aboriginal organisation already existing, As this will easy the work load on them, and give new views and opinions to the Premiers Aboriginal Advisory Council.
Hoping this is of some assistance to you
Yours sincerely
Les McDonald
Chief Lore Office
Aboriginal Embassy Victoria
Monday, September 8, 2008
Premiers Aboriginal Advisory Counci. PAAC.8/9/08
Expression of Interest: "The Victorian Government Social policy Statement A Fairer Victorian Sets out it's commitment to building a new partnership with Indigenous Victorians" as from the 5 September to the 22 September 2008.
The Victoria Government has now requested that Thirty-Eight new Local Indigenous Networks (LINs) and eight Regional Indigenous Council (RICs) be established across Victoria, and from 2009 representatives from those regional groups will join the Premier's Aboriginal Advisory Council (PAAC) to give Victorian's Indigenous people a Voice.
As many of you may not know that as from the 1st July 2005, "... there was no formal representative structure in Victoria for Government to hear the Views of Indigenous people" ( from Media Release dated Wednesday 8 June 2005, Re Aboriginal Affairs Minister, Gavin Jennings.)
At the date of this post, the Victorian Government is still not committed to hear any views or issus put forward by any Aboriginal person(s) or group. In essence, Aboriginals views put to Government were to be total ignored, a situation we found very rude, if not detrimental to the whole Aboriginal population of Victoria, and must be rectified at the earliest moment.
(It is of interest to note, since July 2005, the Victorian government initiated the RAPS program and aided by VAJC set the new Koori Court System, (What is really going on?) Wake up!
It is most important for all Aboriginal person to become involved in the proposed LINs and RACs, as to give our people concerns to Government, it now time for new blood to stand up for the rights of our people, changing of the old Guard needs to be given deep consideration.
If you are interested in assisting this urgent cause and require more information on the role of LINs, RACs and Paac contact please:-
Mr. Simon Holmes, Projects Manger, Aboriginal Affairs Victoria, Tel 03 9208 3289
or
LIN REpresentation on PAAC, Aboriginal Affairs Victoria Level 9, 1 Springs Street Melbourne 3000, Fax 9208 3098
Ps, Please Note that expressions of interest must be received by: 2pm Monday 22 September 2008. Yes in very short time.
Date posted 8/9/08
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
The Victoria Government has now requested that Thirty-Eight new Local Indigenous Networks (LINs) and eight Regional Indigenous Council (RICs) be established across Victoria, and from 2009 representatives from those regional groups will join the Premier's Aboriginal Advisory Council (PAAC) to give Victorian's Indigenous people a Voice.
As many of you may not know that as from the 1st July 2005, "... there was no formal representative structure in Victoria for Government to hear the Views of Indigenous people" ( from Media Release dated Wednesday 8 June 2005, Re Aboriginal Affairs Minister, Gavin Jennings.)
At the date of this post, the Victorian Government is still not committed to hear any views or issus put forward by any Aboriginal person(s) or group. In essence, Aboriginals views put to Government were to be total ignored, a situation we found very rude, if not detrimental to the whole Aboriginal population of Victoria, and must be rectified at the earliest moment.
(It is of interest to note, since July 2005, the Victorian government initiated the RAPS program and aided by VAJC set the new Koori Court System, (What is really going on?) Wake up!
It is most important for all Aboriginal person to become involved in the proposed LINs and RACs, as to give our people concerns to Government, it now time for new blood to stand up for the rights of our people, changing of the old Guard needs to be given deep consideration.
If you are interested in assisting this urgent cause and require more information on the role of LINs, RACs and Paac contact please:-
Mr. Simon Holmes, Projects Manger, Aboriginal Affairs Victoria, Tel 03 9208 3289
or
LIN REpresentation on PAAC, Aboriginal Affairs Victoria Level 9, 1 Springs Street Melbourne 3000, Fax 9208 3098
Ps, Please Note that expressions of interest must be received by: 2pm Monday 22 September 2008. Yes in very short time.
Date posted 8/9/08
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Court report up date 8/9/08
Court Magistrates' Horsham 13 August 2008, The Office of public prosecution Ms Raeleene Maxwell, prior to court, requested to talk with the defendant, as she could not answer the question of jurisdiction, she requested the matter to be adjourned. the defendant agreed, The matter is set for committal contest at Horsahm Magistrates' Court on the 16 October 2008, It could be said the court must prove it's Jurisdiction over the Aboriginal people, (Note After the 16 October hearing, the matter will be them heard before Judge and Jury)..
25 May Post.
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
25 May Post.
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
To The Attorney-General Rob Hulls 8/9/08
Attorney-General
The Hon. Rob Hulls 8th September 2008
Level 3, 1 Treasury Place
East Melbourne VIC 3002
Dear Attorney-General, Rob Hulls
As you are the Minister responsible for juristic system of Victoria, I have been requested to bring to your attention the disappointment in the performance of such.
Endeavoring to balance the value of the Magistrates Koori Court system we found need to write to the Magistrates Court, copies enclosed letters dated the:-
8th May 2008, Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic, requesting details and regarding the proposed Koori County Court to be set up.
19th May 2008, In response from Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic, advising "I have asked Mason Atkinson, manager of Koori Courts, to respond to your questions,
13th June 2008 to Victoria Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic
I need not express our dissatisfaction that the information requested, still has not been received, this hindering us (the Aboriginal people) from having any say or input, and as to make it quite clear that the alleged $50 Million dollars cost to sent up the special Koori Magistrate Court and Koori County Court, will have little effect, if any at all, in reducing the number of Aboriginals offenders from being dragged into the Criminal Justice system.
As this matter is most urgent therefor, It would greatly appreciated if you could request the Deputy Chief Magistrate, Ms. Jelena Popovic, or Mason Atkinson, manager of Koori Courts to address the matters raised in our letter 8th May 2008. at the earliest moment.
For and on behalf of the Aboriginal People of Victoria, whom only ask for a equal say and fair go in Victoria
I thank you
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
The Hon. Rob Hulls 8th September 2008
Level 3, 1 Treasury Place
East Melbourne VIC 3002
Dear Attorney-General, Rob Hulls
As you are the Minister responsible for juristic system of Victoria, I have been requested to bring to your attention the disappointment in the performance of such.
Endeavoring to balance the value of the Magistrates Koori Court system we found need to write to the Magistrates Court, copies enclosed letters dated the:-
8th May 2008, Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic, requesting details and regarding the proposed Koori County Court to be set up.
19th May 2008, In response from Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic, advising "I have asked Mason Atkinson, manager of Koori Courts, to respond to your questions,
13th June 2008 to Victoria Magistrates Court Victoria Deputy Chief Magistrate, Ms. Jelena Popovic
I need not express our dissatisfaction that the information requested, still has not been received, this hindering us (the Aboriginal people) from having any say or input, and as to make it quite clear that the alleged $50 Million dollars cost to sent up the special Koori Magistrate Court and Koori County Court, will have little effect, if any at all, in reducing the number of Aboriginals offenders from being dragged into the Criminal Justice system.
As this matter is most urgent therefor, It would greatly appreciated if you could request the Deputy Chief Magistrate, Ms. Jelena Popovic, or Mason Atkinson, manager of Koori Courts to address the matters raised in our letter 8th May 2008. at the earliest moment.
For and on behalf of the Aboriginal People of Victoria, whom only ask for a equal say and fair go in Victoria
I thank you
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Wednesday, August 20, 2008
to clarify the constitutions?
Dear Gerrit.
Re:- The Constitution Part 5 -Powers of the Parliament.
51..The Parliament shall, subject to this Constitution, have power to make laws for peace, order and good government of the Commonwealth with respect to:-
"(xxvi) The people of any race, other than the aboriginal in any State, for whom it is deemed necessary to make special laws"
After the 1976 referendum, the Constitution adhered. Now reads as:-
"(xxvi) The people of any race for whom it is deemed necessary to make special laws"
Previously on numinous times you referred to this "con-job referendum" which in part was a Con Job. as many Australian were under the impression that this would give the Aboriginals the right to vote and be counted as living in their own land in the next censors,( which it did.) However, Terra -Nullus, still remained the Legal profession rampage, until 1992. "Eddie Marbo Native land title claim," When the Court ruled Terra-Nullus was nothing more then legal fiction.
I ask, did the Australian Government have power to make laws for the Aboriginal race prior to the 1967 referendum?.
Now to the Victoria Constitution Act 1975,
As previous point out, The Victorian Government is the only State that maintains it own power and control over the Aboriginals of Victoria, I also brought to attention that on 26 August 1991 Ms. Helen M Mason Executive Officer of the Scrutiny of Acts and Regulations Committee, confirmed in writing was "..unaware of any Act which gives the Victorian Government the "power to make laws for peace, order and good government for indigenous people."
Considering the above as "evidence" it would be with in reason for a lay person to assume that the Victoria Parliament has no jurisdiction over the Aboriginal people of Victoria, therefore the Courts of Victoria have no jurisdiction at all.
As you appear to mix up, or confuse the issue by referring the Australian Constitution, then the next to Victorian Constitution.. We maintain that the Victorian Constitution Act. makes no mention of the Aboriginal race at all, therefore has no standing with the aboriginal community, hence No Jurisdiction,
As you proclaim to be a Constitution expert, In concise form, I seek your opinion on such.
Yours in good faith Les McDonald
20/08/08
Re:- The Constitution Part 5 -Powers of the Parliament.
51..The Parliament shall, subject to this Constitution, have power to make laws for peace, order and good government of the Commonwealth with respect to:-
"(xxvi) The people of any race, other than the aboriginal in any State, for whom it is deemed necessary to make special laws"
After the 1976 referendum, the Constitution adhered. Now reads as:-
"(xxvi) The people of any race for whom it is deemed necessary to make special laws"
Previously on numinous times you referred to this "con-job referendum" which in part was a Con Job. as many Australian were under the impression that this would give the Aboriginals the right to vote and be counted as living in their own land in the next censors,( which it did.) However, Terra -Nullus, still remained the Legal profession rampage, until 1992. "Eddie Marbo Native land title claim," When the Court ruled Terra-Nullus was nothing more then legal fiction.
I ask, did the Australian Government have power to make laws for the Aboriginal race prior to the 1967 referendum?.
Now to the Victoria Constitution Act 1975,
As previous point out, The Victorian Government is the only State that maintains it own power and control over the Aboriginals of Victoria, I also brought to attention that on 26 August 1991 Ms. Helen M Mason Executive Officer of the Scrutiny of Acts and Regulations Committee, confirmed in writing was "..unaware of any Act which gives the Victorian Government the "power to make laws for peace, order and good government for indigenous people."
Considering the above as "evidence" it would be with in reason for a lay person to assume that the Victoria Parliament has no jurisdiction over the Aboriginal people of Victoria, therefore the Courts of Victoria have no jurisdiction at all.
As you appear to mix up, or confuse the issue by referring the Australian Constitution, then the next to Victorian Constitution.. We maintain that the Victorian Constitution Act. makes no mention of the Aboriginal race at all, therefore has no standing with the aboriginal community, hence No Jurisdiction,
As you proclaim to be a Constitution expert, In concise form, I seek your opinion on such.
Yours in good faith Les McDonald
20/08/08
Tuesday, July 29, 2008
koori court page 1
1991 The Royal Commission into Aboriginal Deaths in Custody (1991) recommended that the legal system be modified. As to give Aboriginals communities as living in remote arrears who’s life style, culture and laws, alienating them from fully understanding of english language, reading and the technical legal language use in the legal system.
1996 The Aboriginal Embassy of Victoria (AEV) wrote to all known Aboriginal organisation in Victoria, to bring to the attention of the Aboriginal Elders, members of their community, that doubt over the Victoria Government power to make laws for peace order and good Government for the Indigenous people of Victoria. Confirmed by Scrutiny of Acts and Regulations Committee E.O. Helen M Mason on 26 August 1996.
2000. The Department of Justice and others in a joint initiative between Department of Justice, Department of Human Services, the Victoria Aboriginal Justice Advisory Committee Victorian with the Koori (Aboriginal) community, launched the Victorian Aboriginal Justice Agreement: Phase 1 (AJA) , It’s purpose to build infrastructure that hoped it would assist in reducing Indigenous over-representation in the criminal system.
2002 The Koori Court was established under the Magistrates Court (Koori Court) Act 2002,
(being based on the report of the Royal Commission into Aboriginal Deaths in Custody (1991) and the Bringing Them Home Report.) Subsequently been incorporated into the magistrates Court Act 1989 (the Act), However this raised grave concerns that the power to protect the people was being to far removed from the peoples elected Parliament
2004 the AJA was reviewed and in a joint initiative between Department of Justice, Department of Human Services, Victoria Aboriginal Justice Advisory Committee, and Aboriginal Legal Service, recommend that they renew the commitment to the agreement. Resulting in the development of the Victorian Aboriginal Justice Agreement Phase 2 (AJA2)
2006 June Victorian Aboriginal Justice Agreement Phase 2 (AJA2) came into being, to build upon the solid foundations of the AJA. The AJA2 outlines six strategies, (a) Increasing the number of Koori Courts (b) Establishing Local Justice Action Committees (LAJAC) It role and responsibility is to "promote the principles and protocols of the Victorian Justice Agreement (AJA)" " identify barriers and solutions to improve Justice outcomes for the Koori community and the development of a strategic Justice plan.( as well as other issues)
The Regional Aboriginal Justice Advisory Committee (RAJAC) is an initiative of the Victorian Aboriginal Justice Agreement and is based on Recommendation 2 of the Final Report of the Royal Commission into Aboriginal Deaths in Custody, Funded by the Department for Justice, Each RAJACs (seven in all) Membership of RAJAC is voluntary, However each region is assisted by a paid Executive Officer.
2008 April 24 Deputy Premier and Attorney-General Rob Hulls has launched an initiative that will support Koori offenders to complete their community-based orders. The program is an initiative of the Aboriginal Justice Agreement The State Government had allocated $2.1 million to operate the program in the 10 locations Towns and cities were chosen based on the daily average number of Koori offenders reporting to Community Corrections Services offices in each regions
1996 The Aboriginal Embassy of Victoria (AEV) wrote to all known Aboriginal organisation in Victoria, to bring to the attention of the Aboriginal Elders, members of their community, that doubt over the Victoria Government power to make laws for peace order and good Government for the Indigenous people of Victoria. Confirmed by Scrutiny of Acts and Regulations Committee E.O. Helen M Mason on 26 August 1996.
2000. The Department of Justice and others in a joint initiative between Department of Justice, Department of Human Services, the Victoria Aboriginal Justice Advisory Committee Victorian with the Koori (Aboriginal) community, launched the Victorian Aboriginal Justice Agreement: Phase 1 (AJA) , It’s purpose to build infrastructure that hoped it would assist in reducing Indigenous over-representation in the criminal system.
2002 The Koori Court was established under the Magistrates Court (Koori Court) Act 2002,
(being based on the report of the Royal Commission into Aboriginal Deaths in Custody (1991) and the Bringing Them Home Report.) Subsequently been incorporated into the magistrates Court Act 1989 (the Act), However this raised grave concerns that the power to protect the people was being to far removed from the peoples elected Parliament
2004 the AJA was reviewed and in a joint initiative between Department of Justice, Department of Human Services, Victoria Aboriginal Justice Advisory Committee, and Aboriginal Legal Service, recommend that they renew the commitment to the agreement. Resulting in the development of the Victorian Aboriginal Justice Agreement Phase 2 (AJA2)
2006 June Victorian Aboriginal Justice Agreement Phase 2 (AJA2) came into being, to build upon the solid foundations of the AJA. The AJA2 outlines six strategies, (a) Increasing the number of Koori Courts (b) Establishing Local Justice Action Committees (LAJAC) It role and responsibility is to "promote the principles and protocols of the Victorian Justice Agreement (AJA)" " identify barriers and solutions to improve Justice outcomes for the Koori community and the development of a strategic Justice plan.( as well as other issues)
The Regional Aboriginal Justice Advisory Committee (RAJAC) is an initiative of the Victorian Aboriginal Justice Agreement and is based on Recommendation 2 of the Final Report of the Royal Commission into Aboriginal Deaths in Custody, Funded by the Department for Justice, Each RAJACs (seven in all) Membership of RAJAC is voluntary, However each region is assisted by a paid Executive Officer.
2008 April 24 Deputy Premier and Attorney-General Rob Hulls has launched an initiative that will support Koori offenders to complete their community-based orders. The program is an initiative of the Aboriginal Justice Agreement The State Government had allocated $2.1 million to operate the program in the 10 locations Towns and cities were chosen based on the daily average number of Koori offenders reporting to Community Corrections Services offices in each regions
koori court page 2
2008 June 25, "The pilot of Victoria’s first County Koori Court will be located at the Latrobe Valley Court complex in Morwell, Deputy Premier and Attorney-General Rob Hulls announced today" "This decision was made in partnership with the Victorian Koori community and representatives from the justice system, including the County Court". The pilot of the County Koori Court is part of the $40.7 million State Budget package aimed at closing the gap for Indigenous Victorians. The County Koori Court’s jurisdiction will be the same as the County Court’s.
Summary
The overall reason for changes are based on The Royal Commission into Aboriginal Deaths in Custody (1991), which had little, if any, effect on the Victorian Aboriginal community, although it is very comforting to see and read that The Victorian Aboriginal Justice Advisory Committee (AJAC) is deeply concerned about the issues raised in that Report.
The Victorian Aboriginal Justice Advisory Committee (AJAC) is the Government primary source of advice from, on justice related issues. It may pay to note "The Victoria Government has no proper legislated power to make laws for peace order and good Government for the Indigenous people of Victoria". It is unknown by this writer, at this time, if AJAC advised the Government of this relevant Justice issue. if not Why Not!
Considering the years already elapsed, it appears that nothing has been submitted by AJAC to reduce the Aboriginal people coming in contact with the criminal system of Victoria, even though AJAC has been aware of a very simple solution, being the positive and most likely way to reduce the number of Aboriginal offenders appear before the Courts, Yet nothing worthwhile has been achieved.
Many Victorian Aboriginals’ feel that the establishment of Koori Magistrates’ Courts and the Koori County Courts, is undermining the intelligence of Aboriginal race of Victoria. Citing That we know what is right and what is wrong in todays society, and do our best to teach our children these principles, and make them aware the risks penalty that may apply.
Their is growing concern within our community that the about the power, influence and control that the legal professions holds over Aboriginal organisation which receives Government funding. It is appreciated that AJAC in joint initiative between Department of Justice, and the Courts, instigated The Koori Magistrates Court and now The Koori County Court. Which will cost around $60 Million.
May 8th 2008 The AEV request the Duputy Chief Magistrate, Ms. Jelena Popovic for the details of crimes committed and number of Aborigine's that have gone through the state Koori magistrates courts since it inceptions. Duputy Chief Magistrate, confirmed she had requested Mr.Mason Atkinson Manger of Koori Courts, to address the matter. This may be the one reason for the delay in response. When this information is obtained it will give us all a better and more clear understanding of the overall intention of Koori Court system.
Contemplating, that the Victorian Parliament has no legislated jurisdiction to make laws for the Aboriginal people of Victoria. It would be within reason to assume that the new Koori Courts System may be used (underhandedly) to achieve the required jurisdiction. Precaution!
Les McDonald, Chief Lore Officer,. Aboriginal Embassy Victoria.
Summary
The overall reason for changes are based on The Royal Commission into Aboriginal Deaths in Custody (1991), which had little, if any, effect on the Victorian Aboriginal community, although it is very comforting to see and read that The Victorian Aboriginal Justice Advisory Committee (AJAC) is deeply concerned about the issues raised in that Report.
The Victorian Aboriginal Justice Advisory Committee (AJAC) is the Government primary source of advice from, on justice related issues. It may pay to note "The Victoria Government has no proper legislated power to make laws for peace order and good Government for the Indigenous people of Victoria". It is unknown by this writer, at this time, if AJAC advised the Government of this relevant Justice issue. if not Why Not!
Considering the years already elapsed, it appears that nothing has been submitted by AJAC to reduce the Aboriginal people coming in contact with the criminal system of Victoria, even though AJAC has been aware of a very simple solution, being the positive and most likely way to reduce the number of Aboriginal offenders appear before the Courts, Yet nothing worthwhile has been achieved.
Many Victorian Aboriginals’ feel that the establishment of Koori Magistrates’ Courts and the Koori County Courts, is undermining the intelligence of Aboriginal race of Victoria. Citing That we know what is right and what is wrong in todays society, and do our best to teach our children these principles, and make them aware the risks penalty that may apply.
Their is growing concern within our community that the about the power, influence and control that the legal professions holds over Aboriginal organisation which receives Government funding. It is appreciated that AJAC in joint initiative between Department of Justice, and the Courts, instigated The Koori Magistrates Court and now The Koori County Court. Which will cost around $60 Million.
May 8th 2008 The AEV request the Duputy Chief Magistrate, Ms. Jelena Popovic for the details of crimes committed and number of Aborigine's that have gone through the state Koori magistrates courts since it inceptions. Duputy Chief Magistrate, confirmed she had requested Mr.Mason Atkinson Manger of Koori Courts, to address the matter. This may be the one reason for the delay in response. When this information is obtained it will give us all a better and more clear understanding of the overall intention of Koori Court system.
Contemplating, that the Victorian Parliament has no legislated jurisdiction to make laws for the Aboriginal people of Victoria. It would be within reason to assume that the new Koori Courts System may be used (underhandedly) to achieve the required jurisdiction. Precaution!
Les McDonald, Chief Lore Officer,. Aboriginal Embassy Victoria.
Thursday, June 5, 2008
Open letter To 22 co-ops 05/06/08
Re: The Proposed Koori County Court Act. 5th June 2008
Firstly Relevent Background
During 1996 we found need to clarify if the Victoria Government had Jurisdiction, the power to make laws for peace order and good government for the Aboriginal people of Victoria. as the Victorian Constitution Act 1975 made no mention at all of the Aboriginal Race.
On the 6th August 1996 the Aboriginal Embassy of Victoria, wrote to Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason., requesting a copy of any act that the Victorian Government power to make Laws for peace, order and good government for the Indigenous people of Victoria
On the 26th August 1996 we received Facsimile from Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason, "I am afraid I am not able to be of assistance to you. I am unaware of any Act which gives the Victorian Government the power to make laws for peace order and good government for indigenous people"
Over the following weeks the Aboriginal Embassy sent copies to all known Aboriginal Organisation in Victoria, requesting them to contact their local member of the Victorian Parliament to obtain a copy any Act that gives the Victoria Government the Jurisdiction power to make laws for the Aboriginal People.
12th June 2002, Considering the legal consequence this caused the Victorian Parliament, and to overcome this very grave situation the legal arm of the Government promoted changes to the Magistrate' Court Act 2002 Act, No. 27/2002 the Purposes of this Act was to establish a Koori Court division of the Magistrates' Court and to provide the jurisdiction and procedure of the Division.(No doubt, endeavoring to maintain power and laws over the Aboriginal race)
Background Ends Here
Referring to the Act Section 6 New section 4d to 4g Before section 5 of the Principal insert-
(1) The Court has a Koori Court Division
(2) The Koori Court Division has such of the power of the court as are necessary to
enable it to exercise its jurisdiction. then to
(4) The Koori Court Division must exercise its jurisdiction with as little formality and
technicality , and with much expedition, as the requirements of this Act and the
Sentencing Act 1991 and the proper consideration of the matters before the court permit
4E. Jurisdiction of Koori Court Division
The Koori Court Division has-
(a) the jurisdiction to deal with a proceeding for an offence given to it by section 4f
(b) jurisdiction to deal with a breach of a sentencing order made by it (including any offence contituted by such a breach) or variation of sentencing order; and
(c) any other jurisdiction given to it by or under this or any other Act
As there is now Seven Koori Courts operating in Victoria (with more to come) each with the given power to exercise the courts Jurisdiction over the Aboriginal race of Victoria, as the courts are independent from Government. There is growing unrest with the Aboriginal community that the Victoria Parliament, the Government is now to far removed from maintaining and protecting our people, it appears the total control is in the hands of members of a private club, Yes, members the Legal profession.
Well meaning and respected members of the Aboriginal community have also been involved in establishing the first Koori court system, their understanding and knowledge of the community needs has been a major factor in establishing a special court for Aboriginal people. However, we note, adult Aboriginal offenders elect to appear before the general court system. some maintaining that they are not Koori's, having no family ties with that Nation.
The present day, we see the Attorney-General Rob Hulls, Department of Justices, the Aboriginal Legal Service and some senior members of the Aboriginal community, promoting the proposed Koori County Court as a benefit to the Aboriginal community, a situation we find very hard to comprehend. It may well be the case of deceitful intent to increase and enhancing the jurisdictional power of the Courts over the Aboriginal people of Victoria. Which at this time the Victorian Government as no proper legislated jurisdiction to make laws for the Aboriginal people of Victoria.
As many years have elapsed and times has changed, our people have learnt and know what is right and what is wrong in today's society and to do so knowingly the risk and penalty that may apply. To suggest Aboriginal’s need Koori Courts, is undermining the intelligence of Aboriginal race of Victoria.
As all offenders must plead guilty before attending the Koori County Court. We feel it would in the best interest of our people if the proposed new Koori County Court, is totally rejected by all concerned.
I thank you
Yours sincerely
Firstly Relevent Background
During 1996 we found need to clarify if the Victoria Government had Jurisdiction, the power to make laws for peace order and good government for the Aboriginal people of Victoria. as the Victorian Constitution Act 1975 made no mention at all of the Aboriginal Race.
On the 6th August 1996 the Aboriginal Embassy of Victoria, wrote to Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason., requesting a copy of any act that the Victorian Government power to make Laws for peace, order and good government for the Indigenous people of Victoria
On the 26th August 1996 we received Facsimile from Scrutiny of Acts and Regulation Committee, Executive Officer Ms. Helen Mason, "I am afraid I am not able to be of assistance to you. I am unaware of any Act which gives the Victorian Government the power to make laws for peace order and good government for indigenous people"
Over the following weeks the Aboriginal Embassy sent copies to all known Aboriginal Organisation in Victoria, requesting them to contact their local member of the Victorian Parliament to obtain a copy any Act that gives the Victoria Government the Jurisdiction power to make laws for the Aboriginal People.
12th June 2002, Considering the legal consequence this caused the Victorian Parliament, and to overcome this very grave situation the legal arm of the Government promoted changes to the Magistrate' Court Act 2002 Act, No. 27/2002 the Purposes of this Act was to establish a Koori Court division of the Magistrates' Court and to provide the jurisdiction and procedure of the Division.(No doubt, endeavoring to maintain power and laws over the Aboriginal race)
Background Ends Here
Referring to the Act Section 6 New section 4d to 4g Before section 5 of the Principal insert-
(1) The Court has a Koori Court Division
(2) The Koori Court Division has such of the power of the court as are necessary to
enable it to exercise its jurisdiction. then to
(4) The Koori Court Division must exercise its jurisdiction with as little formality and
technicality , and with much expedition, as the requirements of this Act and the
Sentencing Act 1991 and the proper consideration of the matters before the court permit
4E. Jurisdiction of Koori Court Division
The Koori Court Division has-
(a) the jurisdiction to deal with a proceeding for an offence given to it by section 4f
(b) jurisdiction to deal with a breach of a sentencing order made by it (including any offence contituted by such a breach) or variation of sentencing order; and
(c) any other jurisdiction given to it by or under this or any other Act
As there is now Seven Koori Courts operating in Victoria (with more to come) each with the given power to exercise the courts Jurisdiction over the Aboriginal race of Victoria, as the courts are independent from Government. There is growing unrest with the Aboriginal community that the Victoria Parliament, the Government is now to far removed from maintaining and protecting our people, it appears the total control is in the hands of members of a private club, Yes, members the Legal profession.
Well meaning and respected members of the Aboriginal community have also been involved in establishing the first Koori court system, their understanding and knowledge of the community needs has been a major factor in establishing a special court for Aboriginal people. However, we note, adult Aboriginal offenders elect to appear before the general court system. some maintaining that they are not Koori's, having no family ties with that Nation.
The present day, we see the Attorney-General Rob Hulls, Department of Justices, the Aboriginal Legal Service and some senior members of the Aboriginal community, promoting the proposed Koori County Court as a benefit to the Aboriginal community, a situation we find very hard to comprehend. It may well be the case of deceitful intent to increase and enhancing the jurisdictional power of the Courts over the Aboriginal people of Victoria. Which at this time the Victorian Government as no proper legislated jurisdiction to make laws for the Aboriginal people of Victoria.
As many years have elapsed and times has changed, our people have learnt and know what is right and what is wrong in today's society and to do so knowingly the risk and penalty that may apply. To suggest Aboriginal’s need Koori Courts, is undermining the intelligence of Aboriginal race of Victoria.
As all offenders must plead guilty before attending the Koori County Court. We feel it would in the best interest of our people if the proposed new Koori County Court, is totally rejected by all concerned.
I thank you
Yours sincerely
Sunday, May 25, 2008
Consideration to the proposed Koori County Court,
There is growing concerns surrounding the Magistrates' Court (Koori Court) Act 2002
Act No. 27/2002, as the courts are independent of Government, and not legislated by laws of the Victorian Government a point that must be clarified before any further commitment are made to The Koori County Court,
Act No. 27/2002, as the courts are independent of Government, and not legislated by laws of the Victorian Government a point that must be clarified before any further commitment are made to The Koori County Court,
Open Letter to VAJAC
Elder Portland 3305 26th May 2008
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Dear ......
Please find enclosed herewith copies of letters date:-
7th May 2008 open letter to Aboriginal Co-ops Including VAJAC, '...if the courts could consider, whether the Victorian Parliament and the Courts has any jurisdiction at all over the Aboriginal people of Victoria."
23 May 2008 to VAJAC, We hereby request that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Health in the best interest of the Aboriginal people that:-
It is most important that the proposed Koori country court is rejected by our people, what advantage will it bring, who is behind the idea of a Koori County Court? Wake up!
Letters on this flie
Open Letter Q.1Jurisdiction 26/05/08
Morwell Elder 3840 Vic. Plus portland Elder 26th May 2008
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ....
As to keep you updated in the current court matter, I have also enclosed copy of later dated:-
11th April 2008 to Chief Magistrate, I ask has the St Arnaud Magistrates court power to hear the issues regarding "jurisdiction of the Victoria Parliament, has over the Aboriginal people of Victoria..."
16th May 2008 To the Chief Magistrates Court, Has the Magistrate Court the Power to address the issues arising Being "the Jurisdiction of the Courts has over the Aboriginal People of Victoria.."
13th May 2008 (received 16 May) From Chief Magistrate Ian L Gray, The Magistrate .... has advised me that he was concerned simply with the question of "proper venue"
16 May 2008 (Fax)To the Chief Magistrate Ian L Gray It appears that you may have overlooked the main issue in the Letter dated 11 April Being...
22 May 2008 placed of Court file prior, to the matter being heard , The issue that still needs to be resolved being. Has the Magistrates Court the Power to address "the jurisdiction of the Court has over the Aboriginal people of Victoria.
19th May 2008 (received 23 May) From the Chief Magistrate Ian Gray, In relation to your question about Jurisdiction "over the Aboriginal people of Victoria" I advise....
I need not express what transpired at court 22 May. look up (http://bebuybac.blogspot.com)
I am now to appear at the Horsham Court on the 13 August 2008, before Judge and Jury, strange but true, It may be the Jury can answer the question as to "Jurisdiction of the Courts has over the Aboriginal People of Victoria.." as it appears that the Chief magistrates and the Magistrate Court can not provide the answer, at this point in time. It is now becoming quite clear "No!.. Jurisdiction"
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Saturday, May 24, 2008
Elder Portland 3305 22 April 2008
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ......
Please find enclosed herewith copies of letters date:-
1st April 2008 to Senior Constable Michael Hobson Inglewood Police Station, note the same letter sent (date 3rd April) to Marybrough Magistrates Court, and Chief Magistrate
11th April 2008 To the Magistrate Court,, ... has St. Arnaud Magistrates Court power to hear the issues regarding Jurisdiction over the Aboriginal People of Victoria.
17th April 2008 From the Chief Magistrate Ian L Gray. I will look into the concerns you have raised in your correspondence and write to you again as soon as possible.
It would be with in reason to assume the Chief Magistrate would have on-hand the issue of Jurisdiction of the Court and or the Jurisdiction of the Victorian Parliament has over the Aboriginal People. (if any)
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Letter to Magistrates Court Victoria 8/05/08
Magistrates Court Victoria
Duputy Chief Magistrate
Ms. Jelena Popovic 8th May 2008
233 William Street
Melbourne 3000
Dear Jelene Popovic,
Re: Koori Magistrates Court -
I have been requested to write to you, as you may be able to assist our needs and concerns regarding the proposed Koori County Court to be set up later this year, it would greatly appreciated if you could forward details of:-
The number of Aborigine's that have gone through the state Koori magistrates courts since it inception.
The number of Aboriginal offenders that that have gone through the state Koori Magistrates Court 2006 to 2007
The gender and age of the Aboriginal offenders
The offence/charges committed by the defendants (no names)
What Koori Magistrates courts heard the charges
Hoping you can help
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Duputy Chief Magistrate
Ms. Jelena Popovic 8th May 2008
233 William Street
Melbourne 3000
Dear Jelene Popovic,
Re: Koori Magistrates Court -
I have been requested to write to you, as you may be able to assist our needs and concerns regarding the proposed Koori County Court to be set up later this year, it would greatly appreciated if you could forward details of:-
The number of Aborigine's that have gone through the state Koori magistrates courts since it inception.
The number of Aboriginal offenders that that have gone through the state Koori Magistrates Court 2006 to 2007
The gender and age of the Aboriginal offenders
The offence/charges committed by the defendants (no names)
What Koori Magistrates courts heard the charges
Hoping you can help
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
ELder Morwell Vic. 3840 19 May 2008
Dear ....
Please find enclosed herewith copies:-
The Australian 16th May 2008 "Koori courts help cut repeat offences" 2 pages please note Rob Hulls the Attorney-General of Victoria stated:-
"The Koori defendant must consent to the Jurisdiction of the County Koori Court, and have pleaded guilty to the offence"
also
The Australian May 9th 2008 "Kooris court a waste of Money" by Peter Faris 2 pages. "The new court is supposed to be based upon the success of the Koori Magistrates Court, which disposes of 150 cases involving Aboriginal a year in six courts-an average of one a fortnight."
I point out, During 1996 the Embassy brought to attention of the Victorian Government that they had now proper legislated power to make laws for the Aboriginal People of Victoria,
We are greatly concerned that the if Victorian Governments proposed Korri County Court is successful it’s role may well be used later, to support the Governments and the Courts Jurisdiction over the Aboriginal People of Victoria.
We feel it would be in the best interest of our people, if the Victorian Parliament could clarify that it has proper lawful legislated Jurisdiction over our people. A very simple issue, that must be resolved, before any proposed Koori County Court are considered.
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Dear ....
Please find enclosed herewith copies:-
The Australian 16th May 2008 "Koori courts help cut repeat offences" 2 pages please note Rob Hulls the Attorney-General of Victoria stated:-
"The Koori defendant must consent to the Jurisdiction of the County Koori Court, and have pleaded guilty to the offence"
also
The Australian May 9th 2008 "Kooris court a waste of Money" by Peter Faris 2 pages. "The new court is supposed to be based upon the success of the Koori Magistrates Court, which disposes of 150 cases involving Aboriginal a year in six courts-an average of one a fortnight."
I point out, During 1996 the Embassy brought to attention of the Victorian Government that they had now proper legislated power to make laws for the Aboriginal People of Victoria,
We are greatly concerned that the if Victorian Governments proposed Korri County Court is successful it’s role may well be used later, to support the Governments and the Courts Jurisdiction over the Aboriginal People of Victoria.
We feel it would be in the best interest of our people, if the Victorian Parliament could clarify that it has proper lawful legislated Jurisdiction over our people. A very simple issue, that must be resolved, before any proposed Koori County Court are considered.
Yours sincerely
Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Letter to VAJAC 21/05/08
Mr. Alf Bamblett CEO
Victorian Aboriginal Justice Advisory Committee 23 May 2008
171 Smith St Fitzroy 3065
Dear Doc.Alf Bamblett,
Re-The Victorian Aboriginal Justice Agreement. Re Rob Hulls MP Attorney-General:-
"While the recommendation provide a clear direction for Government, there is also recognition that the environment has changed. With the Aboriginal community, we need to reassess the intent of the recommendation and take into account the growing influence of illicit drugs and gambling on Aboriginals and their families."
In the mid 70s the environment began to change within the Aboriginal community, as many young adults that experienced the violence, damage and family break ups, caused by alcohol abuse, started using Pot, (marijuana, cannabis gunga) for their comfort and recreational needs .
Now time has pasted, these parents now prefer to have their children use cannabis, then alcohol, The herb cannabis, can be use as beverage, food addictive to cakes biscuits, as used by our people for centuries, and traded through all known Aboriginal nations of this land.
However, during 1981, the Victorian Government list cannabis, along side hard drugs such as, heroin, cocaine and other substances, under the Drugs Poisons and controlled Substance Act 9719/1981, causing an unnecessary burden on our people, as many being brought before the criminal system of Victoria for use and growing cannabis, and some imprisoned
Today there are various types of illicit drugs on the street of Australia, all having caused death to human beings, all except cannabis. For that reason alone, with the best interest and future well-being of our people at the forefront. The current Victorian laws surrounding cannabis need to be changed, as to suit today's Aboriginal communities needs, and as to maintain a more peaceful and harmonious life style.
At present the impact of Victorian laws has placed our people at a disadvantage to other Aboriginal people residing in A.C.T. S.A. and N.T. where they can grow cannabis for personal use. Our people in Victoria and future generations are faced with the possibility of coming in contact with the criminal justice system, as well as the underlining economic values, Cannabis being now $300 to $400 per ounce.
As the role-objectives of the Victorian Aboriginal Justice Advisory Committee is to assure " administration of law does not adversely impact on Aboriginal people" and "reducing the risk of involvement of Aboriginal children and youth in the justice system." We hereby request, that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Mental Health, in the best interest of the Aboriginal People of Victoria that:-
1. No person being a decedent of the Aboriginal race shall not be charged with any offence, if that person is found to have less then 30 grams of cannabis in his or her possession
2. No person being a decedent of the Aboriginal race shall not be charged with any offence, for cultivation of up to five plants per household, for personal use only
Yours sincerely Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Victorian Aboriginal Justice Advisory Committee 23 May 2008
171 Smith St Fitzroy 3065
Dear Doc.Alf Bamblett,
Re-The Victorian Aboriginal Justice Agreement. Re Rob Hulls MP Attorney-General:-
"While the recommendation provide a clear direction for Government, there is also recognition that the environment has changed. With the Aboriginal community, we need to reassess the intent of the recommendation and take into account the growing influence of illicit drugs and gambling on Aboriginals and their families."
In the mid 70s the environment began to change within the Aboriginal community, as many young adults that experienced the violence, damage and family break ups, caused by alcohol abuse, started using Pot, (marijuana, cannabis gunga) for their comfort and recreational needs .
Now time has pasted, these parents now prefer to have their children use cannabis, then alcohol, The herb cannabis, can be use as beverage, food addictive to cakes biscuits, as used by our people for centuries, and traded through all known Aboriginal nations of this land.
However, during 1981, the Victorian Government list cannabis, along side hard drugs such as, heroin, cocaine and other substances, under the Drugs Poisons and controlled Substance Act 9719/1981, causing an unnecessary burden on our people, as many being brought before the criminal system of Victoria for use and growing cannabis, and some imprisoned
Today there are various types of illicit drugs on the street of Australia, all having caused death to human beings, all except cannabis. For that reason alone, with the best interest and future well-being of our people at the forefront. The current Victorian laws surrounding cannabis need to be changed, as to suit today's Aboriginal communities needs, and as to maintain a more peaceful and harmonious life style.
At present the impact of Victorian laws has placed our people at a disadvantage to other Aboriginal people residing in A.C.T. S.A. and N.T. where they can grow cannabis for personal use. Our people in Victoria and future generations are faced with the possibility of coming in contact with the criminal justice system, as well as the underlining economic values, Cannabis being now $300 to $400 per ounce.
As the role-objectives of the Victorian Aboriginal Justice Advisory Committee is to assure " administration of law does not adversely impact on Aboriginal people" and "reducing the risk of involvement of Aboriginal children and youth in the justice system." We hereby request, that your organisation VAJAC, Urgently brings to the attention of the Attorney-General and the Minister for Mental Health, in the best interest of the Aboriginal People of Victoria that:-
1. No person being a decedent of the Aboriginal race shall not be charged with any offence, if that person is found to have less then 30 grams of cannabis in his or her possession
2. No person being a decedent of the Aboriginal race shall not be charged with any offence, for cultivation of up to five plants per household, for personal use only
Yours sincerely Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
Wednesday, February 6, 2008
Lieutenant Governor
Chief Justice Marilyn Warren
210 William St
Melbourne 3000 31st January 2008
Dear. Chief Justice, Marilyn Warren
N o t i c e
The Aboriginal Embassy Victoria, Council of Elders have requested to bring to your attention the Constitution Act 1975 No. 8750/1975 makes no reference to Aboriginal People of Victoria, fails to provide protection the Aboriginal Peoples spiritual belief. It is disappointing that consent has not been sought or given by the Aboriginal People for the Victorian Parliament to make laws for the Aboriginal People of Victoria.
On the date the Lieutenant Governor, Chief Justice of Victoria receiving this notice, the Constitution Act 1975 Part 11 Division 1 16. Legislative Power of Parliament, The Parliament shall have power to make laws in and for Victoria in all cases whatsoever. Has no longer have any meaning or legal standing with the Aboriginal People of Victoria.
On the day after receiving notice, all Courts, Judges or Acts given under the Constitution Act 1975 or local Government Act shall have no lawful rights to order, direct, stop or hinder any Aboriginal person or persons or group from.
(a)... practising their spiritual mystical belief and customs
(b)... entering any Crown Land or waste lands
(c)... gathering and taking of firewood, plant, herb, bush, fungi, trees or any other native vegetation on any Crown Land, State land or aboriginal land
(d)... entering any Crown land water ways, river, creek billabong, or spring
(e)... taking, diverting, holding or damming any water on Crown Land
(f)... fishing and setting traditional ell traps on Crown land waterway
(g)... taking of coastal sea water fish, shell fish, clams and crayfish
(h)... hunting and killing of native mammals, reptiles and birds in Crown Land for food
(i)... lighting of fires for cook, cleansing and for ceremonially purposes
(j)... protect the water, trees and fauna in all Crown land
We trust that you will inform the Courts of these changes, at your most convenient moment. By way of respect and courtesy, I have enclosed a copy facsimile date 26 August 1996 from Helen Mason Scrutiny of Acts and Regulations Committee "unaware of any Act which gives the Victorian the power to make laws for peace order and good government for indigenous people"
I assume that you are aware of the Victoria Government charter of Human Rights, at least a comforting start in the right direction of all Australian.
Yours faithfully Beryl Booth (signed)
Ambassador
Aboriginal Embassy Victoria
Chief Justice Marilyn Warren
210 William St
Melbourne 3000 31st January 2008
Dear. Chief Justice, Marilyn Warren
N o t i c e
The Aboriginal Embassy Victoria, Council of Elders have requested to bring to your attention the Constitution Act 1975 No. 8750/1975 makes no reference to Aboriginal People of Victoria, fails to provide protection the Aboriginal Peoples spiritual belief. It is disappointing that consent has not been sought or given by the Aboriginal People for the Victorian Parliament to make laws for the Aboriginal People of Victoria.
On the date the Lieutenant Governor, Chief Justice of Victoria receiving this notice, the Constitution Act 1975 Part 11 Division 1 16. Legislative Power of Parliament, The Parliament shall have power to make laws in and for Victoria in all cases whatsoever. Has no longer have any meaning or legal standing with the Aboriginal People of Victoria.
On the day after receiving notice, all Courts, Judges or Acts given under the Constitution Act 1975 or local Government Act shall have no lawful rights to order, direct, stop or hinder any Aboriginal person or persons or group from.
(a)... practising their spiritual mystical belief and customs
(b)... entering any Crown Land or waste lands
(c)... gathering and taking of firewood, plant, herb, bush, fungi, trees or any other native vegetation on any Crown Land, State land or aboriginal land
(d)... entering any Crown land water ways, river, creek billabong, or spring
(e)... taking, diverting, holding or damming any water on Crown Land
(f)... fishing and setting traditional ell traps on Crown land waterway
(g)... taking of coastal sea water fish, shell fish, clams and crayfish
(h)... hunting and killing of native mammals, reptiles and birds in Crown Land for food
(i)... lighting of fires for cook, cleansing and for ceremonially purposes
(j)... protect the water, trees and fauna in all Crown land
We trust that you will inform the Courts of these changes, at your most convenient moment. By way of respect and courtesy, I have enclosed a copy facsimile date 26 August 1996 from Helen Mason Scrutiny of Acts and Regulations Committee "unaware of any Act which gives the Victorian the power to make laws for peace order and good government for indigenous people"
I assume that you are aware of the Victoria Government charter of Human Rights, at least a comforting start in the right direction of all Australian.
Yours faithfully Beryl Booth (signed)
Ambassador
Aboriginal Embassy Victoria
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