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Public Health Act 1991 - Sect 10AB Proceedings for offences under this Part

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Category: Legislation and Acts
Created: Friday, 19 March 2010 11:51
Written by Alecomm

(1)  Proceedings for an offence under this Part may be instituted by the Director-General, a registration authority, the Health Care Complaints Commission or by any other person.
(2) Proceedings for an offence under this Part may be commenced at any time within, but not later than, 2 years after the date on which the offence is alleged to have been committed.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pha1991126/s10ab.html

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Public Sector Employment & Management Act 2002 - Part 41 Objects of this Part

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Category: Legislation and Acts
Created: Friday, 19 March 2010 12:21
Written by Alecomm

The objects of this Part are as follows:

(a) to maintain appropriate standards of conduct and work-related performance in the Public Service,
(b) to protect and enhance the integrity and reputation of the Public Service,
(c) to ensure that the public interest is protected.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pseama2002379/s41.html

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Public Sector Employment & Management Act 2002 - Part 43 Meaning of “misconduct” (1988 Act, s 66)

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Category: Legislation and Acts
Created: Friday, 19 March 2010 12:24
Written by Alecomm

(1)  For the purposes of this Part, "misconduct" includes, but is not limited to, any of the following:
(a) a contravention of any provision of this Act or the regulations,
(b) performance of duties in such a manner as to justify the taking of disciplinary action,
(c) taking any detrimental action (within the meaning of the Protected Disclosures Act 1994) against a person that is substantially in reprisal for the person making a protected disclosure within the meaning of that Act,
(d) taking any action against another officer that is substantially in reprisal for an internal disclosure made by that officer.
(2) For the purposes of this Part, the subject-matter of an allegation of misconduct may relate to an incident or conduct that happened:
(a) while the officer concerned was not on duty, or
(b) before the officer was appointed to his or her position.
(3) In this section, "internal disclosure" means a disclosure made by an office rregarding the alleged misconduct of another officer belonging to the same Department as that to which the officer belongs.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pseama2002379/s43.html

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Crimes Act 1900 - Sect 87 Child Abduction

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Category: Legislation and Acts
Created: Friday, 19 March 2010 12:32
Written by Alecomm

(1) A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.
(2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.
(3) In this section: "child" means a child under the age of 12 years. "detaining a child" includes causing the child to remain where he or she is. "taking a child" includes causing the child to accompany a person and causing the child to be taken.
(4) In this section, a reference to a person who has parental responsibility for a child is a reference to: (a) a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or (b) a person authorised to be the carer of the child under an Act relating to the care and protection of children.

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Crimes Act 1900 - Sect 43A Failure of persons with Parental Responsibility To Care For Child

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Category: Legislation and Acts
Created: Friday, 19 March 2010 12:35
Written by Alecomm

(1) In this section:
"child" means a child under 16 years of age.
"parental responsibility" means the duties, powers, responsibilities and authority in respect of a child that, by law, parents have in relation to their children.

(2) A person:
(a) who has parental responsibility for a child, and
(b) who, without reasonable excuse, intentionally or recklessly fails to provide the child with the necessities of life,
is guilty of an offence if the failure causes a danger of death or of serious injury to the child.

Maximum penalty: Imprisonment for 5 years.

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Crimes Act 1900 - Sect 249K Blackmail offence

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Category: Legislation and Acts
Created: Friday, 19 March 2010 12:35
Written by Alecomm

(1) A person who makes any unwarranted demand with menaces:

(a) with the intention of obtaining a gain or of causing a loss, or
(b) with the intention of influencing the exercise of a public duty, is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) by an accusation, or a threatened accusation, that a person has committed a serious indictable offence.

Maximum penalty: Imprisonment for 14 years.

Source: http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s249k.html

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Crimes (Hostages) Act 1989 -Sect 7 - Meaning of hostage-taking

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Category: Legislation and Acts
Created: Friday, 19 March 2010 14:56
Written by Alecomm

For the purposes of this Act, a person commits an act of hostage-taking if the person:

(a) seizes or detains another person (in this section called the hostage); and
(b) threatens to kill, to injure, or to continue to detain, the hostage; with the intention of compelling:
(c) a legislative, executive or judicial institution in Australia or in a foreign country;
(d) an international intergovernmental organisation; or
(e)any other person (whether an individual or a body corporate) or group of persons; to do, or abstain from doing, any act as an explicit or implicit condition for the release of the hostage.

http://www.austlii.edu.au/au/legis/cth/consol_act/ca1989168/s7.html

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Crimes Act 1900 - Sect 192E Fraud

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Category: Legislation and Acts
Created: Friday, 19 March 2010 15:16
Written by Alecomm

(1) A person who, by any deception, dishonestly:

(a) obtains property belonging to another, or
(b) obtains any financial advantage or causes  any financial disadvantage,   is guilty of the offence of fraud.

Maximum penalty: Imprisonment for 10 years.

(2) A person’s obtaining of property belonging to another may be dishonest even if the person is willing to pay for the property.

(3) A person may be convicted of the offence of fraud involving all or any part of a general deficiency in money or other property even though the deficiency is made up of any number of particular sums of money or items of other property that were obtained over a period of time.

(4) A conviction for the offence of fraud is an alternative verdict to a charge for the offence of larceny, or any offence that includes larceny, and a conviction for the offence of larceny, or any offence that includes larceny, is an alternative verdict to a charge for the offence of fraud.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s192e.html

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Crimes Act 1900 - Sect 327 - Offence of perjury

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Category: Legislation and Acts
Created: Friday, 19 March 2010 15:16
Written by Alecomm

(1) Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.

(2) A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.

(3) The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.

(4) The question of whether any matter is material to a proceeding is a question of law.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s327.html

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Protected Disclosures Act 1994 -Sect 28 False or misleading disclosures

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Category: Legislation and Acts
Created: Friday, 19 March 2010 17:30
Written by Alecomm

A public official must not, in making a disclosure to an investigating authority, public authority or public official, wilfully make any false statement to, or mislead or attempt to mislead, the investigating authority, public authority or public official.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pda1994251/s28.html

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Protected Disclosures Act 1994 - Sect 3 - Object

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Category: Legislation and Acts
Created: Friday, 19 March 2010 17:34
Written by Alecomm

(1) The object of this Act is to encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector by:

(a) enhancing and augmenting established procedures for making disclosures concerning such matters, and
(b) protecting persons from reprisals that might otherwise be inflicted on them because of those disclosures, and
(c) providing for those disclosures to be properly investigated and dealt with.

(2) Nothing in this Act is intended to affect the proper administration and management of an investigating authority or public authority (including action that may or is required to be taken in respect of the salary, wages, conditions of employment or discipline of a public official), subject to the following:

(a) detrimental action is not to be taken against a person if to do so would be in contravention of this Act, and
(b) beneficial treatment is not to be given in favour of a person if the purpose (or one of the purposes) for doing so is to influence the person to make, to refrain from making, or to withdraw a disclosure.\

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/pda1994251/s3.html

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Civil Liability Act 2002 -Sect 5 Definitions

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Category: Legislation and Acts
Created: Friday, 19 March 2010 17:37
Written by Alecomm

In this Part: "harm" means harm of any kind, including the following:

(a) personal injuryor death,
(b) damage to property,
(c) economic loss.

"negligence" means failure to exercise reasonable care and skill.

"personal injury" includes:

(a) pre-natal injury, and
(b) impairment of a person’s physical or mental condition, and
(c) disease.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5.html

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More Articles ...

  1. Civil Liability Act 2002 - Sect 5B General principles
  2. Civil Liability Act 2002 - Sect 5C Other principles
  3. Community Services (Complaints, Reviews & Monitoring) Act 1993 - Sect 27 Additional grounds for investigating complaint
  4. Child and Young Persons (Care and Protection) Act 1998 - Sect 248 Provision and Exchange of Information
  5. Crimes Act 1914 - Sect 15GE Meaning of serious Commonwealth offence and serious State offence that has a federal aspect
  6. Australian Human Rights Commission Act 1986 - Sect 46PO - Application to court if complaint is terminated
  7. Federal Court of Australia Act 1991 No. 181 of 1991 - Sect 3
  8. NSW Crimes Act 1900
  9. ICAC Act 1988 No 35 - Offences

Subcategories

  • Case Law
    Article Count:
    1
  • Judicial Corruption
    Article Count:
    43
  • Lawyers and Solicitors
    Article Count:
    21
  • Law Reform
    Article Count:
    2
  • Legal Aid
    Article Count:
    1
  • Legislation and Acts

    We intend on using almost one dozen different legislation / acts. Below are a few that we feel would have the most impact for class action causes and or entry to Australian Crime Commission help.  What we need to be able to utilise the legislations is more than one person claiming the same type of offence, and by different departments and different areas.  This can show mass conspiracies so to speak which would then be covered by the National Crime Act.

    We also plan to use Crimes (Hostages) Act 1900 as this act allows for persons being held hostage (ie our children) until we agree to submit to persons to what they ask.  This is keeping a hostage, and by DOCs taking your children and not returning them until you have signed undertakings is not only hostage taking but blackmail. 

    There is no such thing as CONsent Orders.  You cannot possibly say anybody voluntarily signs these orders when the department has their children and will not return them until the orders are signed.  These are not Consent Orders.  This is Blackmail.

    When crimes total to over 3 years imprisonment which we can make an easy jump to, they are then also available to go to the National Crimes Act.

    We also plan on using the Director General as DOCs legislation and code of conduct and ethics documentation available also shows that any crime committed against these acts MUST be reported to the director general.  And as such the director general also has an obligation to report fraud and misconduct to the Attorney General and the Australian Crimes Commission.

    We will use the evidence we have to submit to lower level figures about their staff and they are then obligated to submit the complaint (by legislation) to the director general.  If they do not do this, they are then setting themselves up for charges also.  We will know if this is done because not only will we be submitting this information / complaints this way, but we will also be submitting directly to the director general also, who ALSO is under obligation to send to the Australian Crime Commsision and the Independant Commission Against Corruption.

    So, you say ... What do you need to do now ??

    You need to gather all your documents and evidence and start splitting hairs and complaints down to division / person and complaint type using the register we are currently creating.  You also need to contact me for other complaint types that we are not aware of so that we can include this also.

    This may take some time but time is all we have and the more the better.

    Article Count:
    69
  • SLAPP - Strategic lawsuit against public participation
    Article Count:
    2