PROPOSED ATTACK ON UNCONSTITUTIONAL PUBLIC SCHOOL CHAPLAINS FUNDING . MAKING KIDS BELEIVE IN THINGS THAT DONT EXIST IS ABUSE!

PROPOSED ATTACK ON UNCONSTITUTIONAL PUBLIC SCHOOL CHAPLAINS FUNDING . MAKING KIDS BELEIVE IN THINGS THAT DONT EXIST IS ABUSE!
- Pat Coleman

Proposed Qld attack on unconstitutional chaplains funding. Research other states, and territories similar criminal offence laws for operationalising of it.

Please consider this argument in the context of my argument relating to QLD Nickel in my article

COMPULSORILY ACQUIRE QLD NICKEL AND CLEAN IT OFF THE MAP

https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/06/proposed-attack-on-unconstitutional.html

Dependant on whether and where , the money has flowed . And where it it flowed from.

They reckon that the feds budget allocated another $250 mil to chaplains in 3000 schools despite 2 high court cases saying its unconstitutional as its benefits to chaplains not students. http://www.abc.net.au/news/2018-05-31/sarah-hanson-young-raises-allegation-against-school-chaplain/9820084 https://www.education.gov.au/student-resilience-and-wellbeing-resources#chaplaincy , http://education.qld.gov.au/schools/grants/state/core/chaplaincy-student-welfare.html , http://education.qld.gov.au/schools/healthy/chaplaincy-student-welfare.html

Williams v Commonwealth of Australia [2012] HCA 23 (20 June 2012)

http://www.austlii.edu.au/au/cases/cth/HCA/2012/23.html

Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014)

http://www.austlii.edu.au/au/cases/cth/HCA/2014/23.html

If the Qld government accepts the funding again once its passed the senate again , then under s96 of the constitution they would be obligated to spend it with those conditions. But because of the 2 cases it was ‘VOID AB INITIO” and everything will have to be paid back. Extracted at the end of this is a high court case dealing with payback for unconstitutional stuff. All the preceding years monies should be extracted from the hides of the chaplains and their churches too.

It was said by the former Governor General of Australia Justice Deane sitting on the High Court that if something is unconstitutional, you have the right to ignore it (Metwally (1984) 158 CLR at p 477).

CRIMES ACT 1914 - SECT 28

http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca191482/

Interfering with political liberty Any person who, by violence or by threats or intimidation of any kind, hinders or interferes with the free exercise or performance, by any other person, of any political right or duty, commits an offence. Penalty: Imprisonment for 3 years.

Get a school and its staff to blockade the school ,refusing access to the chaplains under s277 of the crime code (trespass)

https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009 . They can arrest chaplains trying to break into the school and anyone including the coppers trying to assist them under s546,277 and s260. They can use force to protect themselves along the way s271-273 . (reasonable belief Goldie v Commonwealth of Australia [2002] FCAFC 100 (12 April 2002) http://www.austlii.edu.au/au/cases/cth/FCAFC/2002/100.html , must tell the person what they are arrested for (trespass breach of the peace) Adams v Kennedy and ors (2000) 49 NSWLR 78 at p 83 applying Christie v Leachinsky (1947) AC 573 at 587-588). http://www.austlii.edu.au/au/cases/nsw/NSWCA/2000/152.html )

Over the decades Hundreds of millions was paid out unlawfully. You also have to look at the effect of the Qld Crim code torture provision s320A , it states “pain or suffering includes physical, mental, psychological or emotional pain or suffering, whether temporary or permanent”.

Funding for education should only be for teaching facts and how to otherwise discover them. To do anything else would defeat the purposes of even having science classes. Freedom of religion is about choice. However, and although they were saying they are not allowed to proselytise, forcing kids to believe in things that don’t exist is torture per se. There is no place for religion or chaplains of any kind in public schools.

That said. If you were overpaid benefits by the CTH whether or not it was their fault , you WILL be forced to pay it back no matter the effect on you. Well , in the High Court case of Ha v New South Wales [1997] HCA 34; (1997) 189 CLR 465; (1997) 146 ALR 355; (1997) 71 ALJR 1080 (5 August 1997)

http://www.austlii.edu.au/au/cases/cth/HCA/1997/34.html

the majority said in relation to hundreds of millions unlawfully collected by the state that it must be returned immediately .“This Court has no power to overrule cases prospectively. A hallmark of the judicial process has long been the making of binding declarations of rights and obligations arising from the operation of the law upon past events or conduct. The adjudication of existing rights and obligations as distinct from the creation of rights and obligations distinguishes the judicial power from non-judicial power. Prospective overruling is thus inconsistent with judicial power on the simple ground that the new regime that would be ushered in when the overruling took effect would alter existing rights and obligations. If an earlier case is erroneous and it is necessary to overrule it, it would be a perversion of judicial power to maintain in force that which is acknowledged not to be the law.”

IGNORANCE OF THE LAW IS NO EXCUSE (S22 Qld Code)

Not only could those hundreds of millions be better spent on education , for instance giving every Qld High School student a free $ 165 “Carters Criminal Law of Qld” but making all text books free and for free uni for citizens. We have frontline community groups of all kinds always screaming for money. Hospitals need funding etc. We have a redundant Nickel refinery that needs getting rid of and the workers to do it. We need to fund renewable energy. Could we have done these things earlier if it weren’t for the godbotherers ? You be the judge

Google “Commonwealth funding of school chaplains” “ QUEENSLAND budget 2018 chaplains”

You need to trigger the “matter”. This is done by bringing it on by confrontation.

(1) Using the info I gave above , get the Qld cops to continually move on the chaplains and their supporters from near schools https://www.legislation.qld.gov.au/view/html/inforce/current/act-2000-005#ch.2-pt.5 ;

(2) Blockade the schools but first you have to be acting under the authority of the principle under s277 of the code if you are going to be on school grounds Dillon v Byrne (1972) QPJR 112 at 133, 22 QLR 4 ;or

(3) Blockade them yourself outside the school ground , get in a legal fight and try to get the legality of the chaplains and supporters actions rendered void by reffering your matter as a question of law to be decided by a higher court with jurisdiction, the matter has already been decided by the high court so you can only go to a another court that would have the power to hear any other question of law referred to it.

(4) If the cops try to move you on under the qld move on powers - https://www.legislation.qld.gov.au/view/html/inforce/current/act-2000-005#ch.2-pt.5 this triggers a “matter” . The cops have no authority to make you cease lawful activity in these situations . If there is more than one of you , you are protected by The Peaceful Assemblies Act 1992 (You don’t need a permit –Coleman v Australia ) Watson v Trennery [1998] 122 NTR 1 http://www.austlii.edu.au/au/cases/nt/NTCA/1998/22.pdf http://www.supremecourt.nt.gov.au/archive/doc/sentencing_remarks/0/98/0/NS000280.htm Applying Forbutt v Blake [1981] 51 FLR at 475 Per Connor J , Coleman v Greenland http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2004/37.html , Coleman v Watson http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2007/343.html , Courtney v Peacock [2008] QDC 87 http://archive.sclqld.org.au/qjudgment/2008/QDC08-087.pdf

(5) If you resist and get arrested you have saved costs . You can then remove the matter as a question of law to a higher court ;

(6) You have to file CTH Judiciary Act s78(a) and (b) notices anytime and for any constitutional law matter you are involved with to every AG in the country. You will get “whatever” –“see you in a higher court if it gets there” letters in reply. Repeat for every appeal.

(7) You can protest outside any public school that will have people funded by it , film it when the cops come to talk to you and move you on. The cases dealing with what is “a matter” that you can initiate an injunction are Brown v Tasmania . The constitutional issue has already been decided . That means start it in a Supreme Court or like the Vadarlis “Tampa Case” in the original jurisdiction of the Federal Court. Then you can appeal it. If you continue to protest outside the school you may be deprived of your liberty because of someone else’s unconstitutional conduct, in its “terms operation or effect” . Given the amount of schools involved , you can test this thousands of times.