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November 28, 2002

John Robertson’s Comments – what are YOUR Comments? (please allow 2 minutes to complete loading)


 


The Constitutional Convention 

A Parliamentary Steering Committee has been appointed to oversee the Constitutional Convention. 

A panel of experts, including specialists in constitutional law, will prepare a Discussion Paper. This Discussion Paper will be put out for public comment for you and your community to have a say and will be discussed at the Constitutional Convention. 

The Parliamentary Steering Committee will formulate the questions to be covered in the Discussion Paper and also they will appoint the panel of experts. 

A series of meetings in country centres and metropolitan Adelaide will be held early next year at which all the issues identified in the Discussion Paper will be discussed and debated. 

It is planned that the Constitutional Convention will be held in Adelaide in April 2003. 

The recommendations of the Constitutional Convention will then be put to the Parliament. 

Issues

These are the questions formulated by the Parliamentary Steering Committee for consideration at the Constitutional Convention.

Should South Australia have a system of initiative and referendum (Citizen Initiated Referenda) and, if so, in what form and how should it operate? 

John Robertson’s Comments

Yes.  The promise of our grandparents’ times evaporated with the end of the Playford era; Parliament is the cause.  CIR of the Swiss type provides citizens with the opportunity to bypass Political Parties and initiate changes to the law.

Electronic voting and the Internet permit citizens to be easily informed and to easily vote.

Case History. 

Study of my web page:  http://www.robertsonj32.freeserve.co.uk/SouthAusGovDefendsClaimByCovering-upMaliciousProsecution.htm reveals how CIR could have corrected an unjust law.

In 1987 I engaged Johnsons, Solicitors, to appeal from a Magistrate’s Decision to a Supreme Court Judge.   Lawyer Joe Kilby informed me, that under South Australian law, the forensic evidence, showing that the main prosecution witness had rewritten documents before denying her rewriting to the Magistrate, could not be put to the Appeal Judge and nor could other new evidence be put to the Appeal Judge.

I learned of Mr Justice Zelling giving Reasons in the James Philip Hinton Appeal from Special Magistrate J C Grieve, saying, ‘Hinton would not have had any difficulty in Victoria in obtaining justice because he would have had the right of appeal to a District Court for a complete rehearing on the facts so the judge who sat on the rehearing could asses the credibility of the witnesses

Zelling J. said more scathing words including, ‘The doing of justice between the State and the accused person is a matter of primary importance in any community which considers itself civilised and I cannot think that any of the excuses that have been suggested justify the present state of affairs in this State.’

This Hinton matter was reported in the Advertiser, 16 January 1979.

If CIR had been available to me I would have energetically used Zelling J’s words to petition to have the Appeal Law made fit for a civilised community.  As it happened, public sector criminals, thriving in uncivilised SA, caused me to be jailed in 1990 for two months.

Over all of the years I guess about a million citizens have been convicted by SA magistrates. Perhaps 10% of those people would have won appeals, and not had a conviction recorded against them, if they had had the right to a complete rehearing on the facts before a judge.

And it is still going on!

 

The Money and Law Solution - CIR

I conceived the Money Solution in late 1990; a short description is:

Money 

With modern computers it is ridiculous to tax in obsolete ways.

1% tax on all credits (deposits) and on all debits (withdrawals) in the banks and other finance houses would provide the SA Treasury with too much money.  All existing SA taxes would be scrapped.  SA would then lend its surplus money to the banks at 1% who in turn would lend, in their usual high-gearing way, to businesses and homebuyers at 3%.  The low cost money would attract excellent businesses and people to create full employment in SA.

People and Corporations evading the 1% tax would be fined ten times the tax evaded and be barred from the low cost money for ten years.  In addition, their competitors and others would have the right to claim treble damages in the civil courts for losses suffered by paying their tax while the evaders did not pay tax, so causing unfair competition.

State Retirement Pension: To increase the money movements and therefore SA tax receipts and money available for low cost loans, an Old Age Pension equal to 20% of the Commonwealth Age Pension would be paid.  This would attract people to SA so further boosting business and employment opportunities.

With the SA economy fixed, money would be available for better supplies of electricity, water, health services, education, transport, environment services, police, emergency and human services.

As one example, ample low cost money could finance wind turbine electricity generation.  Port Augusta would be a good site as the existing power grid system radiates from there.  The Flinders Ranges and Spencer Gulf combine to provide suitable wind farm sites.   Off-peak electricity could pump seawater into a hydro electricity dam on the Flinders with the exhausted water from the hydroelectric scheme flowing into Lake Torrens and Lake Eyre.  Surplus clean electricity could produce clean hydrogen fuel.  The additional lakes water would cause more evaporation and therefore more dew and thunderstorms. 

Living in Rural Areas would be enhanced by employment opportunities via the Internet and by the servicing of aged people wanting to enjoy their retirement in Country Towns.

Law

Internet Solution

If Parliament introduced new statutory law to have ALL court documents put onto the Internet, public scrutiny would make it easier to ferret out the crooked lawyers, magistrates and judges.  The added risk of exposure would act as a deterrent to those legal people with low standards.  That would be effective law reform.

CIR:  If CIR was already operating in SA, interested people could join me in petitioning for the Money and Law Solution.  Politicians and other influential people have not publicly commented on the Money and Law Solution; I assume through fear of commenting on the unique and untried proposals.  CIR petitions would break the ice and open up public debate.  If there are any faults in the proposals, they would be identified.

What is the optimum number of parliamentarians in each House of Parliament necessary for responsible government and representative democracy in the Westminster system operating in South Australia?

John Robertson’s Comments

Peter Lewis is an experienced Parliamentarian and I support his judgment.

What should be the role and function of each of the Houses of Parliament? 

As above.

What measures should be adopted to improve the accountability, transparency and functioning of government? 

As above

(1) What should be the role of political parties in the Legislative Council and what should be the method of election to the Legislative Council?

John Robertson’s Comments

Political Parties have been instrumental in damaging South Australia.  Local Government Councillors should elect the Legislative Council, one vote per person.

(2) What should be the electoral system (including the fairness test) and method of election to the House of Assembly? 

John Robertson’s Comments

The House of Assembly could be elected as per the proposal for the Legislative Council; all would be fair and democratic.  Citizens would take their views and problems to the Local Councilor in their Ward to pass up line as required.

CIR would be necessary to remove bad councilors, and to put important issues to the people via referenda, if Ward Councilors are not up to the task.

 

Members of the Parliamentary Steering Committee 

The following people are members of the steering committee:

Hon Peter Lewis, Chairman
Speaker of the House of Assembly

Hon Ron Roberts
President of the Legislative Assembly

Hon Michael Atkinson
Attorney-General

Hon Robert Lawson
Shadow Attorney-General 

Hon Gail Gago
Member of Legislative Council 

Mr John Rau
Member of House of Assembly

Hon Angus Redford
Member of Legislative Council

Hon Dean Brown
Member of House of Assembly 
 

Panel of Experts

The following people have been appointed to the Panel of Experts. 

Dr Clement Macintyre, Chairperson 
Senior Lecturer in Politics, University of Adelaide

Associate Professor Peter Howell
Historian, Flinders University 

Dr Geoffrey Partington
Author and Visiting Scholar, School of Education, Flinders University 

Professor Judith Sloan
Productivity Commissioner, Board Member of Australian Broadcasting Corporation

Dr Jenny Stock
former Lecturer in Politics, University of Adelaide 

Professor Geoffrey Walker
Constitutional Lawyer

Hon Trevor Griffin
former Attorney-General 

Hon Len King
former Attorney-General and former Chief Justice of Supreme Court of South Australia. 


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