Category Archives: law

Constitutional Challenge of Section 105 of The Child Protection Act

To good people everywhere.

On Monday the 26th of October Dr Andrew Katelaris and I have our committal hearing and Constitutional challenge of the validity of section 105 of the Children And Young Persons (Care And Protection) Act 1998 NSW

Thi section of this Act removes the right of anyone anywhere to publish the name or use the image of a child, that was, or is, or is reasonably lightly to be in care.

This matter should be heard in an open Court (as no specific child needs to be identified in regards to the argument) but the current COVID-19 legislation is to some significant degree impacting our rights to open justice. I have made enquiry to the Court as to how this can be addressed so we can share what transpires and provide some kind of court access for those of you who are interested in this most important matter. We would like the public to be able to witness this hearing in the Newcastle Local Court and consider open justice vital to upholding the founding principals of our Representative Democracy.

In the interests of that open justice I have shared our argument for you in the pdf below.

All You Need Is Love xxx Pastor Paul

 

 

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 – SECT 105

classic.austlii.edu.au/…ypapa1998442/s105

Publication of names and identifying information

105 Publication of names and identifying information

(1) The name of a child or young person

(a) who appears, or is reasonably likely to appear, as a witness before the Children‘s Court in any proceedings, or

(a1) who is involved, or is reasonably likely to be involved, in any capacity in any non-court proceedings, or

(b) with respect to whom proceedings before the Children‘s Court are brought or who is reasonably likely to be the subject of proceedings before the Children‘s Court, or

(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any proceedings before the Children‘s Court or in any non-court proceedings, or

(d) who is the subject of a report under section 24, 25, 27, 120, 121 or 122,

must not be published or broadcast in any form that may be accessible by a person in New South Wales whether the publication or broadcast occurs before any proceedings have commenced, during the proceedings or after they are disposed of.

(1AA) The name of a child or young person who is or has been under the parental responsibility of the Minister or in out-of-home care must not be published or broadcast in any form that may be accessible by a person in New South Wales, in any way that identifies the child or young person as being or having been under the parental responsibility of the Minister or in out-of-home care (however expressed).

Note : Identifying the child or young person as being or having been a foster child or a ward of the State, or as being or having been in foster care or under the parental responsibility of the Minister, or in the care of an authorised carer, are all examples of identifying the child or young person as being or having been in out-of-home care.

(1A) The prohibition in subsection (1) or (1AA) applies to the publication or broadcast of the name of the child or young person concerned until–

(a) the child or young person attains the age of 25 years, or

(b) the child or young person dies,

whichever occurs first.

(1B) This section applies to the publication or broadcast of a child or young person‘s name to the public, or a section of the public, by publication in a newspaper or periodical publication, by radio or television broadcast or other electronic broadcast, by the internet, or by any other means of dissemination.

(1C) The publication of information to a website that provides the opportunity for, or facilitates or enables, dissemination of information to the public or a section of the public (whether or not the particular publication results in the dissemination of information to the public or a section of the public) constitutes the publication of information to the public or a section of the public for the purposes of this section.

(2) A person who publishes or broadcasts the name of a child or young person in contravention of subsection (1) or (1AA) is guilty of an offence.

: Maximum penalty–200 penalty units or imprisonment for a period not exceeding 2 years, or both, in the case of an individual or 2,000 penalty units in the case of a corporation.

Note : An offence against subsection (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation–see section 258.

(3) Subsection (1) or (1AA) does not prohibit–

(a) the publication or broadcasting of an official report of the proceedings of the Children‘s Court that includes the name of a child or young person the publication or broadcasting of which would otherwise be prohibited by subsection (1) or (1AA), or

(a1) the publication by the Coroner’s Court of its findings in an inquest concerning the suspected death of a child or young person that include the name of a child or young person, or

(b) the publication or broadcasting of the name of a child or young person

(i) in the case of a child–with the consent of the Children‘s Court, or

(ii) in the case of a young person–with the consent of the young person, or

(iii) in the case of a child or young person who is under the parental responsibility of the Minister–with the consent of the Secretary if the Secretary is of the opinion that the publication or broadcasting may be seen to be to the benefit of the child or young person, or

(iiia) in the case of a child or young person whose suspected death is the subject of an inquest by the Coroner’s Court–with the consent of the Coroner’s Court if that Court considers that the publication or broadcasting would be in the public interest, or

(iv) in any case–if the child or young person has died.

(4) For the purposes of this section, a reference to the name of a child or young person includes a reference to any information, picture or other material–

(a) that identifies the child or young person, or

(b) that is likely to lead to the identification of the child or young person.

(5) The offence created by this section is an offence of strict liability.

(6) This section does not apply in relation to criminal proceedings.

Note : See section 15A of the Children (Criminal Proceedings) Act 1987 .

Chase Is Home

Chase returned to his kind loving family with full parental custody restored.

I am very happy to report that on the 9th of October 2020 after nearly three and a half years that Chase Walker-Steven was finally fully restored back into the loving care of his parents. I do not know all the details of the children’s court matter (as all children’s courts are secretive and closed to the public in Australia) but I do know that the president of the children’s court in NSW removed parental custody from the family for two years (as he approves over 99% of  cases before him) but that despite this Chase was allowed back into the home care of his parents. I believe this was because of a decision made in the court of equity as there was a parallel supreme court challenge raised by the family invoking  “Parens Patriae” jurisdiction and I would also imagine it was because of a significant number of other court cases related to Chase also running at the same time.

In conclusion the family were allowed to return to their home State of Queensland following the NSW children’s court president removing parental rights with a two year order. Parents that lose parental custody to the State usually lose the right to have their children in their care and most only ever get very minimal contact. This unusual situation of a two year order where the parents had Chase returned into their own home care finally concluded on the 9th of October 2020 and Chase is now, not only safe with his loving parents and two sisters in Queensland, but the parents also now again have full parental custody restored.

It is a very rare event in Australia for any family to get full custody of their child or children back, most families are not so fortunate and what is even more distressing are the numbers of children removed from parents that clearly love their children. Having been involved in many children’s cases I have seen first hand how unjust this system truly is and how it appears that literally no energy goes into assisting families in need but rather children are often forcibly removed as a first line defence against the possibility of risk of harm when the greatest risk of harm is in the removal itself. It has simply become a very sad situation whereby the want of protection by the state has often now unfortunately become the very cause of the greatest harm. This is somewhat like a self fulfilling prophecy and is most unfortunate when all most families require is help and assistance, not to have their children removed.

For those of you that do not know, Chase was forcibly and unlawfully removed from his family on the 19th May 2017. This event was witnessed by millions of people on facebook and as a consequence of that misfeasance there was a most significant public outcry.

Following this event myself and Dr Andrew Katelaris were summoned to the court of Equity where we have in my view been targeted and made examples of through court suppression, and we were also eventually criminally charged some months later for some offences that do not even exist at law and others on which no convictions could ever be proven against anyone. This was done to generate fear and to help suppress the public outcry by the millions of people that witnessed  this appalling  injustice.

Chases’s removal highlighted to the world an extra ordinary number of profound systemic issues.

These included and still include the significant failings of our government through its child protection departments and services, major failings within the judiciary, (especially the children’s and family courts) and the constabulary. On a more positive note this case has, and is, helping to raise significant awareness about many fundamental human rights issues concerning children harmed through hospital neglect, the very real and quantafiable side effects of vitamin k injections and vaccinations and their possible connections with the ever increasing numbers of disabilities in children, the failings of the government to recognise cannabis as a food and medicine and to affordably provide cannabis as a food and medicine, the continued unusually high percentage of indigenous children still removed from their families here in Australia, the systemic failing of our alleged child protection system, the closed children’s courts and the significant financial motivations that underpin state condoned child trafficking and child abuse, especially with highly compromised children.

I often qoute Jiddhu Krishnamurti:

“To be well adjusted to a profoundly sick society is no measure of health” 

Both Andrew and I are today still fighting in the courts. The supreme court of equity still continues its suppression on us both despite Chase being fully restored to his family, and all three of these judgments in equity have been suppressed from the public with only one suppressed judgment even being listed on caselaw. This brings into serious question important matters of open justice, judicial transparency, the separation of powers  and the independence of the courts from the government.

We have also been criminally charged, and the charges that we have not been able to lawfully force them to drop, are still on foot with a constitutional argument against section 105 of the Child Protection Act listed for hearing on the 26th of October 2020 in Newcastle.

Further to this as a result of the charges we were able to force them to drop, we have a malicious prosecution against two senior public officers Lloyd Babb (The Director of Public Prosecutions) and Michale Coutts-Trotter (The then Secretary of Family and Community Services) and now Secretary of Communities and Justice NSW. That matter is listed for Hearing in the Court of Appeal on the 24th of November 2020.

And notwithstanding all of the above we now have, as a result of the highly disproportionate response to the alleged COVID-19 Pandemic,  significant issues with open justice, matters effecting the rule of law including our constitutional rights, common law rights and fundamental human and God given rights.

There was a time when I hoped our court matters would come to an end and all of this would be behind us but with a system in absolute crisis and so many rights being trampled I feel this may only be the beginning.

However,  after three and a half years of fighting we are very happy that Chase has survived the systemic abuse and the deprivation of love, his incarceration in a motel for 18 months, the severing of the amazing support of his kind loving family, his separation from his  caring and loving community and from his spiritual and cultural connections, and that he has now been fully restored back home to where he should never ever have been removed. A true testament to the power of love overcoming the evils of a system in absolute crisis.

Let us pray for all the other children and families not so fortunate and work together to bring about real positive change.

All You Need Is Love xxx Pastor Paul

 

 

COVID-19 Health and Gandhi

COVID-19 Health and Gandhi

I am currently absolutely fascinated by the way in which people on social media and in general are so polarised around information, evidence, facts, fiction, comedy and opinions about this Enigma we all call COVID-19. My position is simple, I believe that the FEAR campaign coupled with the draconian legislation enforced here in Australia as an extreme response to COVID-19, has and is doing far more damage to people’s holistic health and well-being than COVID-19 will ever do, and I have now been observing what it has alleged to have done globally for around 9 or 10 months. 

The significant impacts of this FEAR campaign and the laws and legislations being enforced, I can see and perceive all around me, but the direct impacts of COVID-19 itself are completely undefined and illusive in construct. For example in all my contact with people everywhere in over 10 months I have only heard of one person who I have been told may have had this disease and he was the brother of a friend ( who is a medical doctor)  that lives in Botswana South Africa who apparantly survived the disease comfortably through maintaining a healthy immunity and a good sensible diet and lifestyle.

In some regards it is interesting that the media no longer reports on terrorism I guess when you now have something to FEAR that can be presented as being everywhere by the near completely controlled media, but in reality cannot really be seen or perceived by the senses, nor defined or explained in a way that is clear, nor really determined through observation nor even actually truly identified through tests or symptoms, and it could be in anyone anywhere at anytime and can spread anyway, then you in a sense have the ultimate terrorist. 

However, what I have determined is that COVID-19 completely disappears if you turn off all the FEAR driven media, unfortunately though when you do this, the new laws and legislations and the FEAR in the people created by COVID-19 does not just disappear. Therefore we must challenge the laws the legislation and the FEAR for they are real, the COVID-19 enigma however remains completely unknown in TRUTH.

Serendipitously today happens to be Oct 2nd the birthday of Mahatma Gandhi a man recognised in our western history as one of several significant global champions of human rights.

So today is a great day to consider and study his teachings and especially to study “Satyagraha” and his teachings on health.

Excerpts from “A Guide To Health” – Mahatma Gandhi

“As Milton says, the mind can make a hell of heaven or a heaven of hell. So heaven is not somewhere above the clouds, and hell somewhere underneath the earth! We have this same idea expressed in the Sanskrit saying, Mana êva Manushayanâm Kâranam Bandha Mokshayoh—man’s captivity or freedom is dependant on the state of his mind. From this it follows that whether a man is healthy or unhealthy depends on himself. Illness is the result not only of our actions but also of our thoughts. As has been said by a famous doctor, more people die for fear of diseases like small-pox, cholera and plague than out of those diseases themselves.” 

“We have got into the habit of calling in a doctor for the most trivial diseases. Where there is no regular doctor available, we take the advice of mere quacks. We labour under the fatal delusion that no disease can be cured without medicine. This has been responsible for more mischief to mankind than any other evil. It is of course, necessary that our diseases should be cured, but they cannot be cured by medicines. Not only are medicines merely useless, but at times even positively harmful. For a diseased man to take drugs and medicines would be as foolish as to try to cover up the filth that has accumulated in the inside of the house. The more we cover up the filth, the  more  rapidly does putrefaction go on. The same is the case with the human body. Illness or disease is only Nature’s warning that filth has accumulated in some portion or other of the body; and it would surely be the part of wisdom to allow Nature to remove the filth, instead of covering it up by the help of medicines. Those who take medicines are really rendering the task of Nature doubly difficult. It is, on the other hand, quite easy for us to help Nature in her task by remembering certain elementary principles,—by fasting, for instance, so that the filth may not accumulate all the more, and by vigorous exercise in the open air, so that some of the filth may escape in the form of perspiration. And the one thing that is supremely necessary is to keep our minds strictly under control.”

“We find from experience that, when once a bottle of medicine gets itself introduced into a home, it never thinks of going out, but only goes on drawing other bottles in its train. We come across numberless human beings who are afflicted by some disease or other all through their lives in spite of their pathetic devotion to medicines. They are to-day under the treatment of this doctor, to-morrow of that. They spend all their life in a futile search after a doctor who will cure them for good. As the late Justice Stephen (who was for some time in  India ) said, it is really astonishing that drugs of which so little is known should be applied by doctors to bodies of which they know still less! Some of the greatest doctors of the West themselves have now come to hold this view. Sir Astley Cooper, for instance, admits that the ‘science’ of medicine is mostly mere guess-work; Dr. Baker and Dr. Frank hold that more people die of medicines than of diseases; and Dr. Masongood even goes to the extent of saying that more men have fallen victims to medicine than to war, famine and pestilence combined!– Mohandas Karamchand Gandhi

https://archive.org/details/guidetohealth00gandrich/mode/2up

A Guide To Health Mahatma Gandhi

 

All You Need Is Love

Xxx Pastor Paul