NSW Army callout Illegal

Governments cant teach people what they are not legally entitled to do, by governments  doing what they are not entitled to do. Enforcement of covid rules are a CIVIL AUTHORITY matter , NOT MILITARY . Calling out troops to be with cops in NSW like last time is illegal under the defence act, because there is a threshold test. Its as simple as this, if there are no circumstances that require the military to be armed here, then no circumstances exist where the Governor General could legally authorise their deployment IN THAT CAPACITY. There is nothing wrong with defence aid for medical and logistics. This is a proper use of the military. )See also Wotten v Qld no5 for the targeting of the western suburbs issue http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2016/1457.html ) . 

This particular deployment is also unconstitutional under  s119 because it is disproportionate and does not meet the standard of “Domestic Violence” within the state . It will be disproportionate if its demonstrated that its not justified or the objects can be achieved in another way. IT’S A CIVIL POLICE MATTER and each state can swear special constables or draft them from other states like the Sydney Olympics. The rules need to be enforced. But the army cant do it and can’t exercise powers in their own words https://news.defence.gov.au/national/latest-updates-operation-covid-19-assist

This from their submission to the Senate Covid Committee p3 May 2020  https://www.aph.gov.au/DocumentStore.ashx?id=eb225118-56ca-49b9-977f-f7b2dda7aeff&subId=680477 “Over 2000 Defence personnel have been allocated to support national efforts to respond to COVID-19 – at its peak-to-date on 16 April 2020, this number was 2246 personnel. The nature of this support has ranged across a number of responsibilities on an as-required basis to complement federal or state and territory capacity, and is provided under the legal framework afforded by Defence Assistance to the Civil Community, and the Prime Minister’s Direction under subsection 21(1) of the Public Service Act 1999 – redeployment of APS employees to respond to the COVID-19 pandemic. The assistance Defence provides under these authorities does not include any use of force, nor are ADF members empowered to perform law enforcement when serving alongside state and territory authorities.” 

That refers to s28(1) and  28(3) (e ) (f) and (g) Defence Act http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/da190356/s28.html and s(21)(1) of The CTH Public Service Act 1999 http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/psa1999152/s21.html  

 

Read the following Proportionality test  cases McCloy v NSW  http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2015/34.html Brown v Tasmania http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2017/43.html and Clubb v Edwards http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2019/11.html .  s119 of the Australian Constitution say the following “Protection of States from invasion and violence”. “The Commonwealth shall protect every State against invasion and, on the application of the Executive Government of the State, against domestic violence”. http://classic.austlii.edu.au/au/legis/cth/consol_act/coaca430/s119.html Like the Chaplains case William v CTH 2014 http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2014/23.html  the expenditure of funding for this, and the purported exercise of power under s28 is not authorised by The Defence Power s51 (vi) of The constitution. The Legislation can also be read down using normal rules of statutory construction to find the deployment is unlawful like the Malaysia Solution case Plaintiff M70/2011 v Minister for Immigration

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2011/32.html 

I tried to point this out last time but the senate refused to publish my submission. https://www.facebook.com/pat.coleman.90/posts/10159038474558447 

See also my previous post

OZ MILITARY MUST RETURN TO BARRACKS – CHECKPOINTS ILLEGAL

     https://cynicismcentraltownsvilleaustralia.blogspot.com/2020/04/oz-military-must-return-to-barracks.html 

 

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