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"
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