That ain’t a court…

The President of the New South Wales Law Society issued a very interesting newsletter last Monday, noting the win we achieved in the High Court.

He had this to say about tribunals in general after the New South Wales Civil and Administrative Tribunal (NCAT) was told to leave me alone by the High Court:

There has been criticism that appointments to tribunals in other states and at Commonwealth level have been political in nature. Notwithstanding the veracity of such claims, it does little to evoke public confidence in the justice system. Nor does it support the premise of the rule of law and the separation of powers.

You don’t say.

I’ll just point out here that during my merry adventures in the land of NCAT I was privileged to experience the full force of a tribunal system so politically impartial that the head of the Administrative and Equal Opportunity Division was forced to recuse herself from proceedings involving the world’s most offended man.

The reason: unchallenged evidence was placed before the Tribunal that this magistrate and Mr Burns had been engaged in private conversations.

This same magistrate also liked to assist the HIV Legal Service with its fundraising events while presiding over matters in which the HIV Legal Service was acting. That is a big ‘no no’ under the NCAT code of conduct.

Or, at least, it should be.

I have written about this scandal here.

And the New South Wales Crown Solicitor’s Office wrote to me a year ago about this scandal (and by scandal, I mean that they wrote to me about my article covering it and not the actual scandal itself), stating:

“The authority of the law rests on public confidence.”

Then they decided that public confidence in the NCAT could best be served by not doing anything about the scandal and instead threatening me with charges of criminal contempt for writing about it.

You can see the full letter below:

CSO Letter

So I promptly decided not to remove my article and instead wrote back to the Crown Solicitor’s Office asking how it could be possible that I could be in contempt of NCAT when NCAT had no jurisdiction over me, as found by the New South Wales Court of Appeal.

You can see my full letter below as well:

BG Letter 1

BG Letter 2

I am yet to receive a response. I’ll just assume that I’ve got ‘em stumped.

It really helped to lift my spirits about the whole NCAT thing and the public confidence it apparently deserved when I also discovered that other NCAT members presiding over vilification complaints liked to promote ‘Invasion Day’ protests.

And then put it on their Facebook pages.

Which kind of brings us back to the point the President of the Law Society of New South Wales was making this week: tribunals have a bad reputation for lacking transparency, accountability and independence. And that the best way to address that problem would be to ensure that tribunal appointments are merit-based, open to scrutiny and independent of government social engineering programs.

Until that happens, I guess you could say that NCAT ain’t a court…

…and given the President of the New South Wales Law Society has suddenly found an interest in things like transparency, I have no doubt that this pro-gay marriage organisation (until its members revolted) is going to start making similar points about the law and confidence in it and the conduct of the New South Wales Anti-Discrimination Board.

No doubt that thorny little issue will be front and centre of next week’s newsletter…

Author: Bernard Gaynor

Bernard Gaynor is a married father of eight children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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5 Comments

  1. I’d appreciate hearing from anyone who is challenging **ANYTHING** to do with a civil and administrative tribunal. My primary interest is the constitutional legitimacy of kangaroo tribunals / star chambers which do not observe rules of evidence, which inform themselves any way they wish, which are totally unaccountable, and which have effectively defeated the appeal process. In the context of the adult guardianship racket, tribunals have an incestuous relationship with Public Trustees, the intent of which is to destroy the lives of their victims and to plunder their estates. That said, we have a group of advocates / activists which has achieved a few decisive victories, and which is committed to destroying the whole tribunal racket. Please make contact initially with praxidice@protonmail.com. Be aware that the powers that be know we are on their case and that anyone who opposed them is monitored. It is best not to communicate via insecure means as phone calls are tapped and regular email is accessed, hence my use of protonmail (free accounts available)

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  2. Holy cow. I can’t believe a senior public servant actually wrote that letter but yes, yes they did. That would be hilarious if this woman wasn’t actually serious. “In contempt of the tribunal.” OMG what the hell is that? What is the legal basis for this crap? How can you even be in contempt of an abstract abstract entity? A tribunal is just a fancy name for a bunch of overpaid public servants. Public servants work for us. We pay them. We tell them what to do. They don’t get to dictate to us. If they can’t be arsed to do their jobs properly, then it’s about time they moved on and we find somebody else who will.

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    • We’ve actually seen situations where advocates invited contempt actions but without any consequences. In my opinion, and based on the relevant legislation, nobody can be held in contempt of anything but a proper court or parliament. Tribunals are not constitutional courts although I am not aware of any matter (apart possibly the Bernard Gaynor one) which has challenged that in the High Court. A few folk have tried going through the appeal process but (predictably in view of the collusion between all arms of government at state level) failed to achieve success.

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  3. Judicial activism is a most unconstitutional crime. These ridiculous Tribunals are nothing more than Hate chambers designed to intimidate those who speak out against the powerful minority.

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    • Truer words have never been spoken. Mind you a few have actually taken on the tribunal racket and won. Its is most definitely not an easy task as they have incredible power. I have however discovered a few angles which I am confident will lead to the destruction of the racket, albeit needing a LOT more work to realize. If you are fair dinkum about joining the battle, contact me at praxidice@protonmail.com. Suggest you create a (free) protonmail account to ensure the scum cannot eavesdrop.

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