Thursday, June 04, 2015

Charter Review Secretariat

Level 24, 121 Exhibition Street
Melbourne VIC 3000
Email:charter.review@justice.vic.gov.au(External link)(External link)
Telephone: (03) 8684 7512
Mr Michael Brett Young
Hon Martin Pakula MP, Attorney General
Submission to 2015 Review of the Charter of Human Rights

Rule of Law and Principle of Legality

Principles of the Magna Carta
Star Chambers
Principle of Competent, Independent, Impartial Judiciary
Common law principles
Arbitrary, capricious abuse of discretion, amounting to INDIRECT DISCRIMINATION
Fair Hearing
Equality before the Law
Writ of Mandamus
Genocide via Murder by Joint Enterprise
Charter for Human Rights and Responsibility Act (VIC) 2006
o 8.
Recognition and equality before the law
o 24. Fair hearing
o 33. Referral to Supreme Court
o 36. Declaration of inconsistent interpretation
Equal Opportunity Act (VIC) 2010: Discrimination, direct and or indirect
Race Discrimination Act (Cth) 1975: Discrimination, direct and or indirect
Child soldiers
Police as private vigilantes
Tomasevic v Travaglini [2007] VSC 337
Race Discrimination Act (Cth) 18C: Vilification

Further to the submission we filed on the 2 June 2015.

The Gong Ling Tang death at the treatment of the Victorian and Dandenong Police:
http://www.theage.com.au/victoria/police-officer-sacked-three-more-disciplined-overdeath-of-detained-man-gong-ling-tang-20141209-12398h.html
We are concerned that his death was not classified as a death in police custody, or
that no criminal charges were laid.
1

Mr West, Deputy State Coroner, said there was a lack of care, respect and dignity
shown to Mr Tang, who was "deprived of his liberty, was not treated with humanity and
with respect for the inherent dignity of a human person" required by law.
What we are also concerned with the fact that the Police officers mentioned that they
treated others similarly to Mr Tang in the mutli-ethnic hub such as Dandenong.
A similar matter also occurred at Clayton Police station, and it was the Member G Nihill
who refused to hear the matter of Police refusing to retrieve heart medication for an
Applicant in the Human Rights section of VCAT, pursuant to the Charter and Equal
Opportunity Act pursuant to the section of discrimination, direct and or indirect. It is an
attempt at aiding and abetting unlawful discrimination, according to state and federal
discrimination laws and vilification laws.
No deaths have occurred, however we are concerned that the abuse of the Charter
and the Rule of Law and the abuse of discretion is continued by G Nihill, promoted to
Deputy President, profiting on her abuse of position of trust.
Exhibit 1: Discrimination case against the Supreme Court Registrar, Rod Ratcliffe, at
VCAT, pursuant to the Charter.
Exhibit 2: Discrimination case against J M Davidson and Victorian Government Solicitor
Office, pursuant to the Charter.
Exhibit 3: Judicial Review pursuant to the Administrative Law Act (VIC) 1978.
All three (3) decisions are Star Chamber decisions, made without reasons or logic, in
absence of any acts of parliament, but abusing mere court rules in order to discriminate
and vilify the Applicant, an arbitrary and capricious abuse of discretion, amounting to
no discretion.
They are an abuse of legal precedence in

Tomasevic v Travaglini [2007] VSC 337

Where it is stated by Justice Bell that it is the duty of the presiding judge to assist the
unrepresented litigants. This Authority was presented to the VCAT member and the
Supreme Court Judge.
2

This is an attempt to interfere with the Charter and the EO Act, and to undermine the
integrity of the Supreme Court, covering up for the Registrars of VCAT, the Supreme
Court, Rod Ratcliffe, and Court of Appeals, Rob Shade, for interfering with the content
of the submission and grievance brought to the Supreme Court pursuant to the Charter.
We wish to bring the Institutionalized Discrimination, direct and or indirect to the Court
of Appeals, pursuant to
o
o

33.
36.

Referral to Supreme Court

Declaration of inconsistent interpretation

How can this review strengthen the Charter to prosecute those who attempt to interfere
with the administration of justice, the Rule of Law and the Charter?
We are also concerned that the similar referrals to the Court of Appeal, include those
presided by Simon Whelan, Nettle and Neave JJ, have been hijacked by the same
arbitrary and capricious abuse of discretion.
Those judges have refused to provide and or confirm unaltered transcripts for further
appeals. It appears that charter is inconsistently interpreted on the sections of open
and fair and public hearing, free of discrimination, especially since the judges and
president of VCAT have banned recordings in court and at VCAT.
Death Cult and Child Trafficking of Inept lawyers who beget inept Judges
Competent, independent and impartial court or tribunal after a fair and public hearing,
is the hallmark of the Rule of Law and Principle of Legality, key principle of the Magna
Carta, and the Writ of Mandamus. The principle is in the Charter, Australian laws and
international laws.
Without it the Charter has not been effective, resulting in the death of Mr Gong Ling
Tang as well as other deaths in Polcie or other Custody, child abuse, creating criminals
out of Victorian police and officers of the state and ordinary citizens, forcing the likes of
Mr Lex Wotton to defend himself and his family against unlawful police and it appears
the corruption of the principles has created child soldiers our of Victorian youth of
barely 17 and 18 years old.

Without the competent, independent and impartial Supreme Court and Court of
Appeal to clarify the law, Rule of law and justice cannot be served. It becomes the law
of the jungle, arbitrary and capricious abuse of discretion, and position of power and
trust, it becomes the whims of men, rather than the Rule of Law as prescribed in the only
Bill of Rights in Australia.
With Respect,

Le Tuan Pham
579 Drummond St
North Carlton 3054
0412 871 985
(feel free to contact myself for further information, no permission is given to publish my
address publicly)