Complaint of Unlawful Discrimination by Australian Judiciary

8/8/2019 Complaint of Unlawful Discrimination by Australian Judiciary

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Indigenous & Origines Genocide Centre

Director: Robbie THORPE

Special Counsel: Charles PHAM

PO BOX 1007Springvale

VIC 3171

1

Director, Complaint HandlingAustralian Human Rights Commission

GPO Box 5218

SYDNEY NSW 2001

RE: Complaint of Unlawful Racial Discrimination by the Australian Judiciary (State and

Federal) and High Court Australia, the Senate Standing Committee on Legal and

Constitutional Affairs, the Attorneys General (State and Federal), the Australian HumanRights (and Equal Opportunity) Commission and the Australian Federal Police

Complaint of unlawful sex discrimination against the Australian Judiciary

Complaint of breaches of Human Rights by the aforementioned by the Commonwealth and

its agencies

1. Further to the complaint on 1 October, 2010;

2. The Genocide Centre has received an email from Rebecca Gieng presumably acting general

supervisor, when the initial complaint addressed the Director;

3. This document is taken to be lodgment of complaint, by the Indigenous and Origines

Genocide Centre; the Commission should have courtesy to address its Director;

4. Ms Gieng indicated that “Commission can only terminate complaints if they are lodged and accepted

by the Commission”; lodgment is taken to be a given;

5. The Genocide Centre would like to know where in the Human Rights (and Equal

Opportunity) Commission Act 1986, does it allow the Human Rights Commission to

“accept” or not accept a complaint;

6. If the Commission is too incompetent to deal with complaint, then they should terminate the

complaint immediately, so it can be heard in the Federal Court;

7. Is it the intention of the Commission to pervert the Human Rights Commission Act 1986?



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8. This document covers unlawful racial and sex discrimination, plus Human Rights violations

by the Commonwealth and its judiciary; both violations are related and essentially the same,

both are covered by ICCPR and ICERD, and protected against under the Human Rights (and

Equal Opportunity) Commission Act 1986, RDA 1975, SDA 1992, inter alia;

9. In addition to the complaint, the question(s) to the commission is simple: Can the Australian

judiciary violate Australian laws, including the Australian Constitution, international laws,

ICERD and ICCPR, inter alia, in exercise of “their judicial powers”;

10. Whether they are “seen to hold immunity” is irrelevant to whether they are given immunity

by any written laws;

11. Whether the Commonwealth and Attorneys General, including the Federal, and Rob Hulls

of Victoria, can use incompetent Human Rights Commission and Court Registrars,

including Rosemary Mussolino (High Court), Joe Salemantico (sp? Victorian SupremeCourt) to violate ICCPR’s articles on access to courts and justice system;

12. In 2008 or thereabouts, the High Court Justice Michael Kirby did opine that the High Court

of Australia presided over by the Chief Justice Robert French did make judicial decisions to

deprive Indigenous and Origines people access to the laws and courts based on their

“Aboriginality” [sic].

13. Justice Michael Kirby had written extensive United Nations papers on judicial corruption.

14. In 2009, the Senate Standing Committee on Legal and Constitutional Affairs deprived the

Indigenous and Origines peoples, and immigrants access to the Australian Constitution by

refusing to consider submissions to Inquiries regarding the access to law and the role of

judges;

15. The Senate Standing Committee on Legal and Constitutional Affairs and its chairs Senators

Barnett and Crossin, indicated that it was lawful to defame the good name of Indigenous and

Origines peoples, and Immigrants without the right to reply through legal process, nor the

parliamentary process;

16. The Commonwealth has defamed the name of Indigenous and Origines peoples, accusing

them of actions and deeds that are valid and lawful under their own laws and customs,

without having made proper Treaty arrangements;

17. The Commonwealth had deprived the Indigenous and Origines peoples of access to the

Commonwealth laws and courts by depriving them of the Racial Discrimination Act 1975

(Cth), in full and unconditionally, in comparison to other races;

18. The Commonwealth had deprived the Indigenous and Origines peoples of access to

International treaties ICERD and ICCPR, inter alia, in comparison to other races;



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19. The Commonwealth has engaged in Genocide against the Indigenous and Origines peoples

with the intention of wiping out their culture and laws in part or in full; without having made

proper Treaty arrangements;

20. In M142/2007 Pham vs French & ors, Hayne J deprived Pham of access to the law and

courts by unlawfully modifying court papers and content;

21. In VID91/2009, Middleton J opined that it was lawful for the Commonwealth to disregard

the Constitution, the Evidence Act, inter alia, and for the Commonwealth and Judiciary to

fabricate material evidence and facts;

22. The President of the Human Rights (and Equal Opportunity) Commission John von Doussa,

another former federal court judge, refused to terminate complaints of unlawful racial

discrimination so it can be heard in the Federal Courts, perverting the HREOCA 1986 (Cth)

PO46; lodgement cannot be argued, and the Commission has no power of non-acceptance;23. The Australian Human Rights Commission continue to refuse to terminate complaints so

they can be heard in the Federal Court, and continuing to pervert the Human Rights Act

1986;

24. In January 2010, a Commonwealth of Australia was put on Notice regarding judicial

corruption and perversion of justice: the Australia Federal Police has refused to investigate

judicial corruption by Senior Member John Handley (Administrative Appeals Tribunal),

Paul Mentor (Sparke Helmore), Tim de Uray (AGS), inter alia, for fabricating material

evidence and documents;

25. French, Hayne, Middleton, North, JJ, inter alia, indicated that the sworn statements of the

Australian man of Asian background was less valid that hearsay evidence from the

Commonwealth;

26. The Chief Justices High Court, Federal Court and AAT, continue to re-run dishonorable

justices include North J and Handley, without regards for apprehended bias against

immigrants, Indigenous and Origines peoples, with the intention to pervert justice and the

rule of law; in conjunction with the Attorneys General, acting in bad faith;

27. Gummow and Crennan JJ indicated that an Australian man of Asian background cannot be

properly heard in the High Court Australia, by refusing oral representation;

28. The Queensland magistrate Michael O'Driscoll indicated that calling someone “nigger and

sandnigger”: "The words used were crude, unattractive and direct but were not offensive to a

reasonable person,";

29. Christie Turner, 28, told Southport Magistrates Court she was deeply offended when she

read the one-page fax which called on the Labor Party to tighten immigration laws against

"niggers" and "sandnigger terrorists" and Muslim women with circumcised genitals.



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30. In other words, if you are a black person or woman, you are NOT reasonable;

31. The Queensland magistrate Michael O'Driscoll may have been living under his little rock,

but “ignorance is not an excuse” for not knowing civil rights in America where black people

were lynched, nor genocide of Indigenous and Origines people in Australia;

32. What the Mulheron case indicates is large open display of unlawful racial discrimination

right under the nose of the Australian Human Rights Commission;

33. The Monash Legal Service in Melbourne has published reports of Victorian Police targeting

African Youth, right under the nose of the Australian Human Rights Commission;

34. The Australian Judiciary refusing to answer questions of law by PHAM and John Wilson;

their refusal to answer questions of laws, invalidates such laws;

35. The Australian Human Rights Commission is now asked to investigate unlawful racial

discrimination, sex discrimination and human rights violation by the Commonwealth and theAustralian Judiciary, Federal and state police;

36. The Commission is now asked if there are exemptions in the ICERD and ICCPR for the

Commonwealth and/or Judiciary to continue violation of International Laws and treaties,

and their acts of genocide, conspiracy to pervert justice, conspiracy to cause injury and death

to Indigenous and Origines peoples and other Australians.

Signed:

Charles PHAM

Friday, October 08, 2010

for

Indigenous & Origines Genocide CentreDirector: Robbie THORPESpecial Counsel: Charles PHAM

PO BOX 1007

Springvale

VIC 3171

Documents

Complaint of Unlawful Discrimination by Australian Judiciary