Australia needs a true democracy Published by Jeanette on Aug 16, 2011
It is recognised that by Judiciary’s unaccountable interpretation of laws, laws made by the House of Representatives and the Senate, that implementation of laws can often not provide outcomes that are consistent with the wishes of the Citizens of Australia.We believe that if Australia is a true democracy this needs to be changed. Historically at the time of our constitution the level of education of citizens and information to citizens was not as high as it is today.With the changes in the knowledge and education of the citizens of Australia we believe the judiciary cannot remain unaccountable.
1. Insist that all personnel working within the judiciary pass a Police safety with working with children to be allowed to work in the judicial area.
2. All legal representatives, (not relevant to self-litigants) are required to pass a Police check for Safety to work with children if they are to be involved in any court processes.
3. That all members of the judiciary at all levels, and independent children representatives must disclose all plenary interests as is required of members of the houses of parliament.
B) A referendum is held ASAP to change the constitution.
This referendum to include the following changes:
a) If the above suggestions, require a referendum to be approved then these are included in the referendum.
b) Limit the period of time of the High Court Judiciary to a maximum of 8 years.
c) High Court judges are to be voted in every four years at the same time as the elections of members of the Senate.
d) All laws are to provide in their legislation objectives, the High Court Judges are responsible for endeavoring to reach these objectives, providing statistics as to the attaining of these objectives. The judiciary and the houses of parliament and executive are to confer and adjust laws or procedures so objectives are reached.
e) All judgments must meet the standards set by the United Nations Human Rights Declaration and United Nations Rights of a Child Treaty, if a higher standard is not set in any specific legislation.
f) No laws or rules can be made that block disclosure of the rulings of judges at any levels or in any court local, state or federal jurisdiction. However the identity of the victims and citizens involved in a non-professional manner in the matter can be blocked from disclosure.
g) Neither Judges nor anyone has the authority or right to edit or adjust transcripts.
h) Precedence is not pertinent part of any ruling.
i) The judiciary is responsible to monitor the short term and long term outcome of their rulings in relation to the objects of the law and meeting the standards set by the UN Human Rights Declaration and UN Rights of a child Treaty; and the judiciary is to report these outcomes at sittings in both house of parliament at least 4 times a year and at the same time publish these reports openly to the public, in all major Australian newspapers/online news-sites or relevant communication technology of the time.