Prime Minister Anthony Albanese and the Labor Party certainly implied at the 2022 May election that they would do better on human rights and whistleblower protection than the previous Scott Morrison-led government although I do not remember them specifically saying so.
An example of how Labor implied they would do better on human rights and whistleblower protection was their public support of Julian Assange and Timor-Leste (East Timor) whistleblower lawyer Bernard Collaery. And as we know the charges against Bernard Collaery were dropped on the 7th of July 2022.
But it still leaves Julian Assange in jail in the UK facing deportation to the USA and high-profile war crimes whistleblower David McBride and ATO whistleblower Richard Boyle facing jail in Australia. They are some of the high-profile cases but there would be dozens of lesser-known cases around the country.
The reason I have grouped human rights and whistleblower protections together is that they do overlap as there are human rights protections that can also protect whistleblowers.
The below video gives an overview of this article, Julia Gillard’s attack on Julian Assange and further information:
Human rights and whistleblower protections interlocking
A prime example of human rights and whistleblower protections interlocking is my situation where there is an arrest warrant issued by the NSW Supreme Court for my arrest, while I live in Queensland, because I was found guilty of contempt of court and sentenced to 10 months in jail. The same NSW Supreme Court where I have named and shamed about 20 judges on this website for corrupt conduct so they were never going to give me a fair trial. (Click here and here to read more)
But the Queensland Human Rights Act 2019 protects your right to a “fair hearing” and “the Act requires each arm of government to act compatibly with these human rights” which includes “the police” and “courts and tribunals, so far as is possible to do so, must interpret legislation in a way that is compatible with human rights”.
So, if the NSW police wanted to extradite me to NSW, I would argue it would breach the Queensland Human Rights Act and I would tender evidence showing that I have previously been denied a “fair hearing” and natural justice in NSW.
I won’t go further on my own matter and the Queensland Human Rights Act 2019 as I will publish an article and video specifically on that in the near future but I raised it to make a few key points.
- Queensland and the ACT are the only state and territory that have a Human Rights Act so why is the federal government talking about improving whistleblower protections but are not talking about a Federal Human Rights Act?
- The Commonwealth Director of Public Prosecutions is trying to prosecute ATO whistleblower Richard Boyle with suppression orders on some evidence that would breach his human rights to a “fair trial” and breach open justice common law. Why? (Click here to read more)
- A Federal Human Rights Act or South Australian Human Rights Act would likely stop the suppression order attempt in the Richard Boyle matter.
- Why haven’t other states and territories passed a Human Rights Act given the ACT has had one since 2004 and Queensland has had one since 2019?
- Why did Attorney-General Mark Dreyfus order the dropping of criminal charges against Bernard Collaery but not Richard Boyle and David McBride? Is it because the Bernard Collaery matter might embarrass the Labor Party as it also involved former Labor Party MP Gary Gray? (Click here to read more)
Suppression orders are abused by the courts every day of the week and corrupt public servants and government departments abuse suppression orders to help hide government corruption. That is almost certainly what the Commonwealth Director of Public Prosecutions and the Australian Taxation Office (ATO) are trying to do in the Richard Boyle matter.
The key point to the above is that while the new federal government might seem like they will do better on human rights and whistleblower protections they have a long way to go and it should not be taken as a given they will do better.
The first article that went viral on this website was an article in 2011 titled “Australian Prime Minister Julia Gillard’s criminal history and her hypocrisy with WikiLeaks and Julian Assange.” which says:
On December 2, 2010, Julia Gillard said in relation to the United States diplomatic cables leak (Cablegate): “I absolutely condemn the placement of this information on the WikiLeaks website – it’s a grossly irresponsible thing to do and an illegal thing to do.” Yet when she was asked what laws had been breached she could not name any. Even so, she still referred the matter to the Australian Federal Police for investigation.
The Australian Attorney General Robert McClelland supported Julia Gillard although he was not as stupid to go as far, and he said that they had likely broken the law “The unauthorised obtaining of the information may well be an offence” but he also failed to name what laws had been breached. (Click here to read the article)
The point about Julia Gillard, WikiLeaks and Julian Assange is that while the Scott Morrison government tried to prosecute and persecute more whistleblowers than I remember Labor ever doing Labor governments do have a history of persecuting whistleblowers when it suits them as Julia Gillard did with Assange.
When I moved back to Queensland in November 2019, I never knew that Queensland was in the process of introducing the Queensland Human Rights Act 2019 but I’m glad they did as it is another legal protection I can use to fight any attempt to extradite me to NSW. In fact, I think it would be a huge deterrent for NSW to try and extradite me to NSW because if they lost an extradition application in a Queensland court because I proved that I would not get a fair trial in NSW it would be hugely embarrassing for the NSW Government and courts.
The protection I believe I get from the Queensland Human Rights Act 2019 (still to be tested in court if need be) is a protection every Australian should have. The federal government and other state leaders should move to introduce their own Human Rights Act although if a federal Human Rights Act is introduced, we possibly don’t need state Human Rights Acts.
Prime Minister Anthony Albanese and the federal Labor government have only been in power a few months and the jury is still out on how they will go protecting Human Rights and whistleblowers but many people like myself are watching closely.
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