ࡱ> %` 0$zbjbj"x"x <@@q*TTTTTTTTNuNuNu8uu<Tu^Hv^v^v^vwww$hphTwwTT^v^vHлT^vT^vTT^vu ~ILONu\{<0 |xnTwDy{L|www^wwwTTTeTTTeTTTTTTTTT Freedom of Religion and Belief Human Rights and Equal Opportunity Commission Study Submission by 30th January 2009 As well as the core report, HREOC and AMF are commissioning a number of other expert writers and agencies to prepare up to eight supplementary papers that will expand on some of the themes addressed in the core report. The supplementary papers will include examination of: Freedom of religion and belief and wellbeing. 1. COMMENT: Currently Australia has no freedom of religion because we are all compulsory members of a secular religion called The State, and in each State the relevant States have become Churches, and the Religion is THE LAW. This compulsory secularism was imposed in 1924 when voting was made compulsory, and from that date, the pretence that the Crown, representing Almighty God in the Constitution was responsible to the courts for all its actions, was abolished, and the lawyers of Australia persuaded the population that by compulsory voting, their right to judicial review in courts was abolished. This is illegal: This contradicts this law. Reference: Law: s 64 Judiciary Act 1903. 2. It matters not to Secular Judges and Magistrates appointed by the States, both Commonwealth and State, whether a person is a Christian, Muslim, Jewish or Atheist, they demand that all people submit to the judgment not of Almighty God but of a man or woman sitting as the superior being, on a bench in a State Church, erected for that purpose by the Secular State. This is universally referred to as a Court, with a capital C, not the court, without a capital c. Law: Federal Court of Australia Act 1976 Federal Court Rules High Court of Australia Act 1979 High Court Rules 2004 Supreme Court Act 1970 ( New South Wales) S 6 and 10. 3. The Right to come to court and pray for relief, has been fundamental to Christianity and English Jurisprudence since 1297, when the Magna Carta was made binding by Statute, and represents in Law the provisions of Matthew 18 verses 15-20, which formed the fundamental basis of Law from 1297, until 1966 when the Liberal Government gave power to a secular Judge as the Federal Court, to give or refuse to give a jury to a respondent in a bankruptcy matter. The law: Section 30 (3) Bankruptcy Act 1966. The Federal Court may, if it thinks fit, direct the trial of the question of fact by a jury. This is pure secularism, and abolishes the Christian right to choose mode of trial, fundamental to religious freedom. The Law: Statute of Westminster the First [1275] 3 EDW 1 ( Imperial) in force in Victoria in the Imperial Acts Application Act 1980 ( Vic) but ignored by secular Judges all over Australia, gave the right to free election: Christian or Pagan Trial. . 4. In Jurisprudence the sovereign, Her Majesty Elizabeth the Second is head of the Law, Army and Church, was until 1979, and the High Court of Australia Act 1979 held universally by the uncorrupted High Court to be one and indivisible throughout the Commonwealth and until 2004, was on all process issued by the High Court which in direct contravention of S 33 Federal Court of Australia Act 1976 enacted as subordinate Legislation, the High Court Rules 2004 in which no mention is made of Her Sovereignty. She is Sovereign because She represents Almighty God in Jurisprudence, and the Coronation Oath 1688 ( Imp) incorporates the Four Gospels, of Matthew, Mark, Luke and John, into Commonwealth law. The secularists have omitted to publish this Statute with the Constitution to clarify the meaning of Queen and Her Majesty, which appear forty (40) times in the Australian Constitution. 5. A court is a Church, in which Her Majesty Elizabeth the Second delivers justice. The word court appears 23 times in Ch III Constitution. The last time it appears is in S 79, where it is coupled with judges also uncapitalised, and judges means judges of fact and law in English jurisprudence. 6. A court could until 1970, in New South Wales when exercising the Judicial Power of the Commonwealth examine as fact, whether any law made by the Parliament of the Commonwealth under S 51 Constitution, has complied with peace order and good government in the laws it has made but since 1970, and the Supreme Court Act 1970, this has no longer been possible, and membership of the Commonwealth has been devalued and bastardized by the secularization of Australia. Commonwealth is a word from the Holy Bible in Ephesians 2:12, and Israel means Man of God, not a Middle Eastern State, that did not exist in 1900. LAW: Common Law Procedure Act 1899 S 24 (c.) repealed in 1970. 7. The High Court in 1996, decided there is a Kable Principle and I say the Kable Principle is that everyone is entitled to Freedom of Religion, and Choice, and that four out of the six Justices, declared that State Parliaments, had no authority to alter the integrity of the Supreme Court and make it a Capital C Court. For example without a jury, and strictly secularized. Kable V Director of Public Prosecutions ( 1996). 8. The Parliament of the Commonwealth in 1995, enacted into the Trade Practices Act 1974 the following passage: Object of this Act S 2: The object of this Act is to enhance the welfare of Australians through the promotion of  HYPERLINK "http://bar.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s4.html" \l "competition" competition and fair trading and  HYPERLINK "http://bar.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s4.html" \l "provision" provision for  HYPERLINK "http://bar.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s51aca.html" \l "consumer" consumer protection. Because Secularism has become the State Religion, and a universal catholic religion, running all Courts with a branch in each State and Territory, and every Court town, there has been no competition between State and Federal Courts systems, and the secularists have given no choice whatsoever of venue. 10: S 2A Trade Practices Act 1974 is in the following terms: (1) Subject to this section and sections44AC, 44E and 95D, this Act binds the Crown in right of the Commonwealth in so far as the Crown in right of the Commonwealth carries on a  HYPERLINK "http://bar.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s4.html" \l "business" business, either directly or by an  HYPERLINK "http://bar.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/s4.html" \l "authority_of_the_commonwealth" authority of the Commonwealth. The Federal Court of Australia and High Court were made Authorities of the Commonwealth and carry on business directly on behalf of the Commonwealth by the Federal Court of Australia Act 1976 and High Court of Australia Act 1979 respectively, and only continue because the Supreme Court in New South Wales was made a secular Court in 1970, and refuses to discipline the Commonwealth. The Business the Federal Court of Australia and High Court conduct on behalf of the Crown is the delivery of justice, and currently, by reference to S 45 Trade Practices Act 1974 they exclude Christians and everyone else from their secular Courts. They do not deliver justice in any shape or form. The HREOC is an apology for a real justice system. The law, judiciary and religion 1.The Law has become the religion of secularists, and like the Pre Christian Jews and Romans, the Lex Talionis, the law of an eye for an eye and a claw for a claw applies, in secularist Courts. Indulgences are bought and sold by lawyers, in the same way as the Pope in Rome sold indulgences, the only difference being that instead of a Roman Catholic Priest selling the indulgence on behalf of the Pope, as agent of Almighty God, it is the Judge on behalf of the State as Almighty God who gives value to the promise of a lawyers indulgence. The Judiciary have become the Abbots and Bishops of the New Secularity, and on their pay, ( up to $7,000 a week plus allowances) live in the same opulence and pomp and ceremony as the ancient Princes of the Church, did. Not only do they live in opulence, they refuse to give even the slightest respect to anyone who is not a fees paying member of their exclusive clubs, the Law Society and Bar Association. They refuse to abide the Mandated Command in the Gospels, ( Matthew 7 Verse 7) that if a Christian asks, he shall receive, which prior to 1970, was only to be refused if a jury authorized the refusal. Further they spit on the Holy Bible which in Matthew 7 Verse 1 prohibits a Christian from sitting in judgment on another Christian. The judiciary, whether they go to a Christian Church or not, are de facto either Jewish or Muslim, and by refusing to empanel a jury on request, are damned forever for having committed the unforgivable sin, as set out in Luke 12 verses 10-12. Having had their fellow lawyers creep into Parliament, the judiciary have had Parliament give them exemption from the law, and an example of this is the supposed Judicial Immunity, they grant to each other. It never existed in the Common Law, and judicial immunity for the judiciary came about because until 1970, they were required to obtain consent in writing to act as a Judge, without a jury, and with consent, their decision was safe, or they sat with a jury, and the act of the court was not a Judicial Officers Act, but that of a court and the defence of non est factum It was not my Act was available to any Justice prosecuted. Parliament has corrupted the Judiciary. By Section 9.5 Director of Public Prosecutions Act 1983, the Parliament of the Commonwealth has corrupted the director, so that the director feels free to excuse any Judge prosecuted from answering any charge. Religion and the arts. Media and perceptions of faith 1 The Media is brainwashed in the secularism philosophy. Without any law enforcement agency to enforce privacy provisions, Trade Practices Act 1974 and the International Covenant on Civil and Political Rights against them, they print outrageous stories, in what they say is the Public Interest, and cry Freedom of the Press. 2 The International Covenant on Civil and Political Rights should confine the media to commenting after a trial and conviction in a court so as to afford an accused person of a fair trial, in a Christian court. Indigenous spiritual expression Education and religion. Any person who is not familiar with the system of government delivered by the New Testament, as taught by Jesus Christ, which is the template for a successful Republic, is an uneducated man or woman. The reasons are: (a) The House of Judah was granted the Sceptre, by Jacob, to Judah in Genesis 49 Verse 10. It stayed there until Jesus Christ Came in as Shiloh. (b) The Lion of Judah sits atop the royal Seal of Her Majesty Elizabeth the Second, and subject to the Gospels holds the scepter of Government. (c) In Isaiah 9 Verse 6, we are told Jesus will come, and He shall be the Government. (d) In John 5 Verses 22 and 23 Almighty God vests all Judgment in Jesus Christ, and all who dishonour Jesus Christ dishonour Almighty God,. (e) Jesus Christ in turn divests judgment as he felt bound by His own teaching in Matthew 7 Verse 1, in the third leg of the Trinity, the Holy Spirit or Ghost, and the Holy ghost is the Spirit, called down by Jesus Christ, in Matthew 18 verse 20, the 12 disciples gathered together in a jury. Unless these fundamental roots of the system established by Almighty God are taught to all people, they are uneducated, no matter how many degrees they may have. The intersection between freedom of religion and gender equality Almighty God created man and woman. Freedom of Religion, means all men and women are to be treated equally by the law. Christianity is in conflict with Islam on this issue. Religious freedom and expression and radicalisation. The original Radical, who taught the basis of freedom, was Jesus Christ. The undeniable logic and truth of the Teachings, from him, have caused Christianity to flourish. Consultation and research This project will consult with faith communities and other civil society organisations to record their concerns, their positive reactions and proposed solutions to build a more socially cohesive and harmonious society that protects and promotes Article 18 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) internationally, and nationally, Section 116 of the Commonwealth of Australia Constitution Act. There are seven key areas for consideration, that are based on the reports objectives, which reflect existing and emerging debates and issues related to freedom of religion and belief in Australia. These include: Evaluation of the 1998 HREOC Report on Article 18: Freedom of Religion and Belief Religion and the State the Constitution, roles and responsibilities. The State in fulfilling Gods purpose of Good Government must realize that the Australian Constitution is a Christian Document, written by Christians for Christians, and no secular interpreters should be allowed to water down its provisions, by refusing to abide its provisions. Religion and the State practice and expression. From 1900-1970, A claim of Right without intention to defraud,ousted the jurisdiction of justices. To become a secular State, with the Parliament replacing Almighty God as the ultimate Lawgiver, this provision was abolished. The Practice of allowing Secular Judges, to write Rules of Court inconsistent with the Holy Bible is like allowing a Council of Priests to write the equivalent of the Sacred Quran. Security issues in the aftermath of September 11 The interface of religious, political and cultural aspirations Technology and its implications Religion, cultural expression and human rights. These areas are outlined in greater detail with accompanying research questions in the Content for consideration section of this paper. The Constitution Questions to consider include: 1. Is this section of the Constitution an adequate protection of freedom of religion and belief? (a) S 116 Constitution should be an adequate protection for the Religious freedom of all Australians, but is not, because the Secularists, by repealing the fundamental laws, supposedly protected by Section 108 Constitution, contained in nearly 700 years of Imperial Legislation, from 1275-1969 in New South Wales, incorporating the principles of the Holy Bible into the Law of the Land, are swept away without a referendum, and the awful Secularist Judges and Magistrates of Australia, without any moral or metaphysical anchor, to guide them, delight in inflicting grievous bodily harm on any individual unlucky enough to be brought before them. (b) An Imperial Statute, dating from 1363, 35 EDW III C 9: If any man that feeleth himself grieved contrary to any of the Articles above written, or others contained in divers Statutes, will come into the Chancery ( of the church) or any for him, ( No exclusive audience for lawyers in 1363) and thereof make his Complaint, he shall there have remedy by Force of the said Articles, and Statutes, without elsewhere pursuing to have remedy. (c) The International Covenant on Civil and Political Rights incorporates this Christian Freedom to choose any advocate, in its Article 25: Every Citizen shall have the right and opportunity , without any of the distinctions mentioned in Article 2, and without unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives. (d) Since the ICCPR is Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986 , a Schedule is part of an Act, by Reference to Sections 12 and 13 Acts Interpretation Act 1901 ( Cth) every secularist Judge and Magistrates in Australia who refuses to allow a person to freely participate in a court comprised in the Christian tradition of a Justice and twelve electors drawn from the Electoral Roll, is a criminal, and should be subject to the sanctions set out in Ch III Crimes Act 1914 ( Cth) for denying free participation in a public affair, which is a trial in a court. (e) Laws like S 78 Judiciary Act 1903 introduced by the Secularist Liberal Party, into that Act, in Act No 164 of 1976, preventing free choice of advocate, and restricting the choice of advocate to barristers and solicitors, who subscribe to secularism, and from whom all Judges and Magistrates are derived, are grossly unconstitutional, and create a cartel of lawyers, to which only a selected few may aspire to admittance. (f) In Christianity all persons, male and female, are equal before Almighty God, and all individuals, who accept the teachings of Jesus Christ are entitled to take Holy Communion with Him, freely and without hindrance in a Church. Except that an individual acts totally contrary to the gospels, lies and cheats, defrauds his fellow men and women, and or otherwise is a scoundrel or a rogue, then the Church of Jesus Christ, the fundamental grass roots community organization, welcomes him or her, and offers fellowship. (g) Contrast that with a secular Church, which the secular Courts of Australia have become: (a) Unless you come with a lawyer, registered and regulated by the State you will not be heard or taken seriously. (h) The Judge on the Bench is a lawyer, and you have no Choice, but to submit to Pagan Rule, on pain of imprisonment, as most Judges think of themselves as Almighty God, and thousands of Almighty Gods are scattered throughout Australia, and most are totally unwilling to accept that Christianity was the State Religion in 1900, and S 116 Constitution preserved that, while admitting Roman Catholics into mainstream Christianity in the Commonwealth for the first time, since 1533. (i) A plethora of Gods, the God Of Downing Street, the God of Philip Street, the God of Parramatta, The God of Liverpool, and numerous other State Gods, dispense personal justice, from what they perceive as the Law, enacted usually by their Preferred Parliament, and not usually the Parliament of the Commonwealth, to which they are supposed to be bound by S 5 Commonwealth of Australia Constitution Act 1900. 2. How should the Australian Government protect freedom of religion and belief? (a) By abolishing S 9.5 Director of Public Prosecutions Act 1983, informing all Magistrates and Judges that they are subject to S 28 Crimes Act 1914 ( Cth) and must allow people to freely participate in the all present and ever working Political events, that occur in every court, on every working day, throughout the community, and that courts must become the grass roots political entities, they were in England and Australia when the Australian Courts Act 1828 was adopted in Australia as the normative standard for a court. (b) Further informing and advising all Judges an Magistrates publicly, that Ch III Crimes Act 1914 ( Cth) applies to them, and that s 13 Crimes Act 1914 ( Cth) allows in theory (at present) anyone tp prosecute them, and their own words may be used as Evidence against them, by reference to S 129 (5) Evidence Act 1995, (Cth). (c) Abolishing the discrimination between criminal and civil litigants, and treating all defendants as being indicted, in compliance with the definition of indictment in S 4A Crimes Act 1914 ( Cth). At Common Law any breach of Statute was an indictable offence, and indictment is a Christian Right, as is the right to be tried by 12 Disciples, informed of their metaphysical power to find the truth, and the Christian Right, to decide the punishment. 3. When considering the separation of religion and state, are there any issues that presently concern you? (a) The religion of the State was Christianity, and the systems in place were Christian, but since 1949, Secularism has become the State religion of both England and Australia, and a system of Priests and Abbots and Bishops established, ( Called Judges, a word not found in Ch III Constitution) and a Jewish Style, Council of Rabbis or Scholars has been installed in the High Court and since 1979, and the High Court of Australia Act 1979 the Federal Supreme Court of S 71 Constitution abolished by the secularists. 4. Do religious or faith-based groups have undue influence over government and/or does the government have undue influence over religious or faith based groups? (a) By making secularism the State Religion, and compulsory, the Government has destroyed all incentive for ordinary people to continue their education in Church, and Churches as in Ireland today, are often only filled on Special Days, for weddings and funerals, and as a consequence the moral fibre of society has deteriorated, with a general breakdown in morality, and obedience to the fundamental laws. (b) The Political reality is that until the Australian Labor Party found its Christian Roots, and selected a Christian Leader, it could not win even an un-losable election. In 2004, the Opinion Polls, showed Labor the same percentage ahead of the Liberal Party, as it had in 2007. By badgering Mark Latham into admitting he was an Atheist, the 65% of Australians who still claim to be Christian, refused to shift the 23 seats in Parliament to Labor, that Kevin Rudd was able to achieve. 5. Would a legislated national Charter of Rights add to these freedoms of religion and belief? (a) It is time to stop the pretence. The International Covenant on Civil and Political Rights is the National Charter of Rights. It paraphrases the Holy Bible, and was inflicted on Pagan Europe, by the victorious allies after World War II through the United Nations. It should be the Rules of Every court in Australia (b) Anyone but a secularist, with a closed mind, would accept it is a Statute Passed by the Parliament of the Commonwealth in 1986. (c) It is Schedule 2 to the Human Rights and Equal Opportunity Commission Act 1986 and the secularists, accept the second half of the name of the Statute, but deny the first: The Human Rights Act 1986 (d) It was passed unanimously by the Parliament of the Commonwealth and received the Royal Assent on the 6th December 1986. (e) It forms the basis of the Privacy Act 1988 (Cth) and is cited in that Act. (f) It is cited in S 138 (3) (f) Evidence Act 1995, (Cth) (g) It is cited in the Dictionary of the Criminal Code Act 1995 ( Cth) and (h) Forms the basis of three criminal offences in that Act. Roles and responsibilities Questions to consider include: 6. a) What are the roles, rights and responsibilities of religious, spiritual and civil society (including secular) organisations in implementing the commitment to freedom of religion and belief? (a) criminal sanctions exist and should be enforceable against everyone including Judges and Magistrtates at the suit of anyone aggrieved by their actions. b) How should this be managed? (b) by simply applying S 13 and 15F Crimes Act 1914 ( Cth) and allowing common informers to prosecute any offender, without State interference. 7. How can these organisations model a cooperative approach in responding to issues of freedom of religion and belief? (a) By accepting that all persons are equal before the law, and that the International Covenant on Civil and Political Rights is the Law. 8. How well established and comprehensive is the commitment to interfaith understanding and inclusion in Australia at present and where should it go from here? 9. How should we understand the changing role and face of religion, nationally and internationally? 3: Religion and the State - practice and expression The emergence of a multifaith Australia has brought issues regarding religious expression to the fore in debates, politically and culturally. This area is about balancing the expectations of faith-based organisations with civil society organisations. Questions to consider include: 1. What are some consequences of the emergence of faith-based services as major government service delivery agencies? (a) A fairer and more accountable society, in free competition. 2. How should government accommodate the needs of faith groups in addressing issues such as religion and education, faith schools, the building of places of worship, religious holy days, religious symbols and religious dress practices? ( a) Apply the International Covenant on Civil and Political Rights 3. Is current legislation on burial practice and autopsy practice adequate? Are any other of your religious practices inhibited by law, procedural practice or policy (i.e. education or health)? (a) Probably. Questions to consider include: 1. a) How would you describe the interface between religion and politics and cultural aspirations in contemporary Australia? (a) When Kevin Rudd and John Howard both campaigned in Churches on Youtube, the Christian Congregation present, some 200,000 who had left their homes and television, to make a judgment on both, and formed an opinion, materially affected the outcome in November 2007. b) What issues does this include? (b) It would appear that unless a Leader is a Christian, the 65% of Australians who are Christians will not vote for that party in enough numbers. 2. How should government manage tensions that develop between aspirations? (a) That is what courts are supposed to do. 3. How do you perceive gender in faith communities? 4. Do you believe there is equality of gender in faith communities? (a) I am an Anglican and I believe there is no Gender inequality in my Church. 5. What do you think should be the relationship between the right to gender equality and the right to religious freedom in Australia? (a) This is an individual choice. 6. Citizenship and Australian values have emerged as central issues, how do you balance integration and cultural preservation? 7. What are reasonable expectations to have of citizens civic responsibility, rights, participation and knowledge? 8. Is there a role for religious voices, alongside others in the policy debates of the nation? (a) Absolutely: Religious voices must be given a free chance to rebut secularists, and secularists should not be treated as sacred cows. 7: Religion, cultural expression and human rights In a country as multicultural as Australia, freedoms of cultural expression, religious expression and human rights need ongoing exploration. This section is about gaining a deeper understanding of how effective Australias current human rights framework is, and if tensions between human rights, religious expression and cultural expression are of concern. Questions to consider include: 1. Is there satisfactory freedom of cultural expression and practice within the normative social and legal framework? (a) No. While Judges rule, there is no Freedom. The International Covenant on Civil and Political Rights gives Christian freedom. Judges refuse to accept its authority. (b) Secularists are in denial of the authority of the Elected Parliament of the Commonwealth as a Church of Christianity. 2. Do service providers in your state or territory support the right to cultural security, safety and competence? Not in any Australian State at present. 3. How can the cultural aspirations and human rights of Aboriginal and Torres Strait Islanders be met? (a) By giving them the same rights as everyone else, and a jury of their peers. 4. What are the issues impacting on Aboriginal and Torres Strait Islander communities at present, and proposed solutions? 5. Are there any issues in regard to participation in the faith community for people with disabilities? 6. How is diverse sexuality perceived within faith communities? (a) anathema. 7. How can faith communities be inclusive of people of diverse sexualities? 8. Should religious organisations (including religious schools, hospitals and other service delivery agencies) exclude people from employment because of their sexuality or their sex and gender identity? 9. Do you consider environmental concern to be an influence shaping spiritualities and value systems? (a) Yes: tree animal and nature worship has filled some of the vacuum left by secularists. (b) Human Beings have always had some spitituality, and secularism, encourages the diversity of worship, from trees to animals, to nature. 10. a) Are there religious groups, practices and beliefs that you think are of concern to Australians? (a) Yes. (b) I am concerned at the inroads of Islam, and Fundamental Jewish Religions, which are adopted by the Judges and Magistrates of Australia, as their Role model. (c) Both these religions worship the Law, whereas the Christian religion seeks justice. b) Should these be subjected to legislative control, and should they be eligible for government grants and assistance? No to both propositions. Signed Peter Alexander Gargan.      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