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What about civil rights?
by Mik Massingham
Posted: 18 July, 2009
I am an ex-member of a 1% MC who still has very close ties of friendship with current and former members of the club I was in as well as members of several different 1% MCs. I am the proprietor of a successful and 100% legitimate tattoo studio that I have been, and continue to be, breaking my back WORKING to set as a benchmark within my industry. I spent several years at a very well respected art school prior to starting this business and have previously WORKED nearly all of my life. I am not, nor have ever been a drug dealer, stand over merchant or thief. Yes, with the introduction of the Serious and Organised Crime (Control) Bill 2007 and it’s anti-association laws, simply by standing on principle and not turning my back on my friends of long standing, I can by association be liable to up to five years jail.
When I first heard of these laws my instinct was that they are a breach of our civil rights. Being a logical and reasonably intelligent person I hit the internet to find if any of these draconian laws did in fact do this. To say that I was dumbstruck to find out that the government of our “free minded and democratic country” does not, nor has ever, recognized nor ratified an Australian Bill of (Human) Rights, would be an understatement. “What?” you say, “but how can this be?” Australia is one of the few western nations without a constitutional or legislative Bill of Rights. Sadly, I feel that the Rann Government’s persecution of 1% MCs and their friends and families will more than likely be upheld by the High Court of Australia. If this is the case then it will be a death blow to the rights of ALL Australians and the “freedom” that we enjoy.
The following timeline of federal attempts to introduce human rights laws in this country I have copied directly from the University of New South Wales’ website and comes under the title “History of Charters of Human Rights in Australia”. At the end is a list of just some of the websites for non-government groups who are committed to seeing Australia introduce a Constitutional Bill of Human Rights.
Since the Second World War, there have been numerous national inquiries, proposed bills and referenda attempts for an Australian Charter of Human Rights.
In 1944, a referendum was held that, among many things, proposed the insertion of constitutional guarantees of freedom of speech and religion, as well as safeguards against the abuse of delegated legislative power. This referendum did not succeed, and so the proposal to entrench these basic freedoms in our Constitution failed.
In 1973, Commonwealth Attorney-General Lionel Murphy introduced the Human Rights Bill 1973 to implement the International Covenant on Civil and Political Rights that Australia had just signed. The Bill lapsed when the Governor-General dismissed the Whitlam Government in November 1975.
In 1985, Commonwealth Attorney-General Lionel Bowen attempted to introduce an Australian Human Rights Bill (along with an explanatory memorandum), again based on the International Covenant on Civil and Political Rights. The Bill was later withdrawn, but in the same year, Prime Minister Bob Hawke announced the establishment of a Constitutional Commission to review the Constitution. The Commission was assisted by an Advisory Committee on Individual and Democratic Rights under the Constitution. In 1987, a Report from that Advisory Committee recommended the insertion of several new rights in the Constitution, including rights to a speedy trial and a right to vote. The Constitutional Commission produced its final report in 1988.
The 1988 Constitution Alteration (Rights and Freedoms) Bill (explanatory memorandum available) was passed by Parliament but rejected at a referendum on 3 September 1988. The 1988 referendum had proposed altering the Constitution to:
- change the maximum term for the House of Representatives and the Senate to four years;
- recognise local government;
- guarantee ‘one vote one value’;
- extend the right to trial by jury;
- extend freedom of religion; and
- ensure fair terms of compensation for persons whose property is acquired by any government, State as well as Commonwealth.
The Constitutional Commission’s 1988 final report also recommended the insertion of a new chapter into the Constitution based on the Canadian Charter of Rights and Freedoms. This recommendation was not implemented.
In 2000, there was a renewal of attempts to improve rights protection in Australia. The Australian Democrats released the draft Australian Bill of Rights Bill 2000 and, in the following year, introduced into Parliament the Parliamentary Charter of Rights and Freedoms Bill 2001. In the same year, the Australian Bill of Rights Bill 2001 was introduced by Dr Andrew Theophanous MP, then an Independent but formerly of the Australian Labor Party. These Bills sought to incorporate international instruments, including the International Covenant on Civil and Political Rights, into Australian law.
The debate has been renewed since the ALP’s victory in the 2007 federal election. In 2007, the ALP committed to conducting a public consultation about a federal Charter of Human Rights. Australia’s Attorney-General, Rob McClelland, reaffirmed this in a speech on 3 October 2008. Idea 9.3 of the Final Report of the 2020 Summit was that all Australians should be engaged in a national consultation about human rights protection, followed by the enactment of a Charter of Human Rights.
South Australia
There has been only limited progress in South Australia towards adopting a Charter of Human Rights. In 2004, Democrat MP Sandra Kanck introduced a Human Rights Act as a Private Member’s Bill in the Legislative Assembly, but it was unsuccessful.
The South Australian community organisation the Human Rights Coalition is campaigning for better legislative protection for human rights in Australia. In 2006, the group produced a draft Human Rights Bill for South Australia. The Human Rights Coalition also supports the enactment of a national Charter of Human Rights.
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Below is a list of non-Governmental Organisations for an Australian Charter of Human Rights and I encourage everyone, whether you are affected by this legislation or not, to issue further. After all, freedom of choice and the dignity to live in freedom from unfair and discriminative legislation should be the responsibility of ALL Australians.
There are many community-based non-governmental organisations that support a Charter of Human Rights for Australia. In particular, visit the Human Rights Act for Australia Campaign, which provides ongoing news and media updates.
The Australian Human Rights Group (AHRG) is the largest and broadest-based of these community organisations. AHRG has thirty-five organisations listed as public members, representing groups as diverse as GetUp!, Amnesty International, the Australian Lawyers Alliance and the Uniting Church in Australia.
In August 2008, AHRG sent Prime Minister Kevin Rudd an open letter, calling on the Government to fulfil its election promise to hold a public consultation regarding the protection and promotion of human rights. This letter was endorsed by more than fifty organisations from different sectors and across the country.
The AHRG’s core aims and beliefs are:
- Australia needs better legislative protection of human rights.
- The AHRG aims to enable the community to share their views on how best to protect human rights in Australian law.
- The Australian Parliament should pass a comprehensive Human Rights Act.
http://www.nswcharterofhumanrights.org
http://www.humanrightscoalition.org.au
http://www.humanrightsact.com.au
http://www.humanrightsact.com.au
http://www.alhr.asn.au
http://www.unitingjustice.org.au
http://www.amnesty.org
In the interests of all Australians State and Federal Governments should be forced to review and then revoke this legislation. They would not allow legislation of this nature to single out another citizen group or non-citizen or religious group. Whether they be Black/White or Brindle. These laws are dangerous to all citizens, much more dangerous than the so called bikies they are alleged to target. At the same time, the clubs need to take a good look at themselves and review the actions of either some of their chapters or individual members and begin to police themselves. These perceptions would not be sellable to the media if the 1% clubs got back to their basic principles.
QUOTE from John Dawkins, “In the interests of all Australians State and Federal Governments should be forced to review and then revoke this legislation. They would not allow legislation of this nature to single out another citizen group or non-citizen or religious group. Whether they be Black/White or Brindle. These laws are dangerous to all citizens, much more dangerous than the so called bikies they are alleged to target.” That sums it up. I would add though, referring to the singling out of other groups, first it’s the “Bikie Gangs”, then it’s Footballers, then Muslims, then Political Dissienters, then…….. , then…., then……whoever the hell the parasites in Parliament want. This country has been sliding into a Police State, very noticably, since 1973 (strange how it was so close to the Bretton-Woods of 1971) We now have draconian firearms laws (remember, Mao Tse Tung, Hitler, Stalin, Lenin, Pol Pot and Castro all agree, gun control works, especially if you are a Dictator who wants no resistance) Senator Steven Conroy is demanding Internet Censorship, which is equivalent to Nazi book burning (Conroy was just voted Internet Villian of the Year) and on and on it goes. If we don’t band together, to stop the parasite Politicians, our children will wake up in a land, that resembles China.
am on twitter - maggiemac1691.
You go Ferret, and good on your guys for standing up for the rights of the individual and for human rights. I thoroughly enjoyed Ferret’s delivery on the abc, media watch. Am watching it now.
I am a 48 year female who has come to know some good mates in bike clubs, over the years throughout Australia .
It was good to see the Rev, Dr John Smith from the God Squad speaking out for fellow australians.
I spent just over three years as a digger in an infantry unit in my early 20’s and found that women who have that background do not fit in very well in general social circles.
Most of my mates have been or are involved in clubs, where the club membership guidelines and accepted behaviours are similar to the mateship that I found when I was in the unit.
I have stood for the principles of bike club environment generally, ( ok not everyone has got a clean slate, but so what ) time and time again, and will continue to do so.
It is the white collar crimes and countless accounts of looking the other way in our own country that are destroying the very fabric of our culture
Around 3 years ago, a group of us, riding for the rights of safety for our children from the sicko’s out there, were invited to a well established bike club for an evening.
I would know that my son would have been safe from the impact of one of those sub human individuals if we had been around the club principles of looking after your kids.
The way the club treated the safety of their kids deserved 10 bags of freddo frogs and a pack of gold stars.
On the other hand, out in the general community, kids are not safe at all, and the police and laws don’t protect the innocent, moreso the guilty.
Ferret, Dr John Smith, and all the members of clubs who attended the media club, along with all the bike clubs making a stand, thank you, I will stand by you all the way. Maggie Mac, ( Turtle, the fairy lady, magz ) which ever name you may have met me as.
I heard Ferret speak at the National Press Club Address today (5 August). I found Ferret’s speech fascinating and interesting and enlightening. I am so pleased that I heard him and the other speakers today. I am not at all involved in motorbikes or motorbike clubs. I know nothing about these organisations except from what I hear in the media, and I really appreciate hearing another side of the story today.
I knew very little about the new legislation and the issues it raises for all Australians until today. Now I feel enlightened and aware and I am going to take a keen interest in this issue as events continue to unfold. Thank you for taking the time to bring this to my attention. I am just an ordinary, middle-class working mum, just one citizen in this big country, but I will raise this issue with others around me and try and increase awareness. I wish you all the best with your campaign as you fight these unjust laws.
I enjoyed the pressclub conversation…and would enjoy presenting the transcript ..from the press club address to the forum..and hope that you will see the value in posting this important info…as a matter of record…the reason im visiting was to obtain the words spoken…ie the transript…as it deals with much the same stuff we are dealing with on our forum
WE of course are going at it a little differently…our basic premise is that govt is a lawyer organised deception…where as your still believing …that a lawyer can be expected to represent you…sadly many of us have learned that a lawyer needs first to respect the rules of his own lawyer club…that getting a lawyer…means we are incompitant before the law…legally becoming a ward of the court…needing an adult to speak to protect our rights…but this isnt my purpose for writing
we have found much in working together foir egsample licences are not required for travel..[only for transporting goods,ie doing business]…same for registration being only required if doing business…that there is legal and lawfull…they arnt the same thing…legal is how they get you via stastuted law…lawfull.. is the law of the victim bringing the oppressor to account
Currently we have the state being the oppressor…but because lawyers become judges..[or lawyers became polititions making the laws]…so much for sepperation of powers eh..govt..[lawyers making unconstitutional law...ensures statuted civil law has become oppressive...and you are only ...the latest victim of it
On a more personal note...we went through the same thing's in the bj.peterson era...and collectivly grouped around the alp..who made many promises ..[that never got enacted]…it is recomended that …you organise POLITICLLY…and seriously play politics…going on specific runs ..pre election time to really make a point…on just how important true representation is
Anyhow it is good we are finally seeing the real problem more clearly…these laws of assosiation are being sold to the public to get bikers…but they are to get all of us…unless we stand up together…the lawyer/banker cartel will succeed in killing off any hopes of freedom…so we need something to trally arround…and for me that just might be the transcript…so if you got one can someone please post it at the forum…
in the meantime i will note this on the forum as well… see if some thoughts develop on the topic
and see if there is any reaction from our …near two thousand members scatterd arround the globe
http://www.worldfreemansociety.org/;http://forum.onlineopinion.com.au/index-general.asp
This new legislation is way off the mark! It labels people as potential law-breakers by virtue of their association with a motorbike club.
The laws are wide open to police interpretation and such new authoritarian powers could lead to corruption and persecution by police.
Additionally the laws are undemocratic! They could be extended to ANY club or association. I could find myself locked up for having a cup of tea with old Ross from the Gardening Club, perhaps on the basis that a lot of gardening club members have fertilisers in their sheds that could be used for……….. Well, you get the picture!
I have been quite concerned about the introduction of this legislation, not because I am a bikie (I am a middle-aged, suburban WA woman), but because it robs people of their civil rights……… and ALL people deserve to have their civil rights respected. So I was more than pleased to stumble across Ferret speaking against the legislation on today’s broadcast of The National Press Club Address.
WELL DONE FERRET! We need more people like you to defend the civil liberties of Australians!
As I posted on the facebook group …….This is all so true, what about 4WD clubs don’t they travel all over Aus unincumbered, whos to say a group of 4WD’ers haven’t the potential to distribute illegal substances, what about caravanas, Grey nomads, bush walkers, back packers, ………. the list goes on……. who will be targeted next ??
It’s the thin edge of the wedge as far as I’m concerned….
BTW, I ride a motor bike, 4WD and bushwalk…. will I have any one to associate with if this law is extended to it’s logical conclusion
just read about the stuff up at court with all the commos id`s going to the angels by accident ?????????
in a suspicious world you would wonder wheather someone was trying to cause further trouble eh
cops & others will have to try harder next time. as long as we stay united & think before we act we have got them stuffed
they will get tired of pulling us over for half hour smoke breaks before we do ( espically when it comes time to justify wages )
doing a good job ferrett, you hit the nail on the head when you made mention of the fact that all bike riders were easy targets because they never complained about the bullshit & lies that the press printed about them.Interisting to note since the press club address where you asked the press to verify bikie information before printing that OMG`s are off the front page
well done to all concerned
Martin Niemöller was a German pastor and theologian born in Lippstadt, Germany, in 1892. Niemöller was an anti-Communist and supported Hitler’s rise to power at first. His poem is well-known, frequently quoted, and is a popular model for describing the dangers of political apathy, as it often begins with specific and targeted fear and hatred which soon escalates out of control.
When the Nazis came for the communists,
I remained silent;
I was not a communist.
When they locked up the social democrats,
I remained silent;
I was not a social democrat.
When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
When they came for the Jews,
I remained silent;
I wasn’t a Jew.
When they came for me,
there was no one left to speak out.
Niemöller was arrested and eventually confined in the Sachsenhausen and Dachau concentration camps without committing any illegal act but on the orders of a Senior Officer. The Serious and Organised Crime (Control) Act 2008 Part 4 Div 1 Sec 23 Subsec(1)(b) states:
A senior police officer may make an order in respect of a person if satisfied that
The making of the order is appropriate in the circumstances.
This simply means that any senior officer can make a Public Safety Order with regard to individuals based on nothing more than his personal feelings at the time. He or she can get an affidavit authorised over the phone and if necessary hold you (without warrant) until said order can be delivered to your person. He needs no evidence and to rescind the order you must appeal, but the order remains in place until such time as you can appear before the courts.
I remember speaking to my grandfather who drove a bulldozer at Bergen-Belsen concentration camp and he said “that would never happen here” so whilst the extreme lengths taken may be a long way from the powers the Anti-Association laws espouse I assure you that atrocity starts with one person turning their back because ‘it doesn’t effect them’.
Sorry to have written a novel on this but we cannot ever say ‘too much’ when it comes to fundamental human rights.
Could the new laws be considered unconstitutional on the grounds that it would be inconstant with s 92 of the Constitution?
Section 92 provides freedom from discriminatory burdens of a protectionist kind, essentially guaranteeing unburdened interstate trade and commerce. This was judicially considered in HCA of Cole v Whitfield.
Therefore, can it be argued that; since the new laws will create artificial barriers inhibiting bikers from interstate trade (i.e. unable to meet etc), courts should find the laws inconsistent with the constitutional requirement that all interstate trade be “absolutely” free.
I m in Security and new laws are going to effect all my work is the goverment Going to going to finde me new family or people that i can trust ? Shoure dont trust the people they set in power ? My religon allway says be nice to your family and friends. Why do i need to change my religus belives for a goverment ?
I own a Harley Davidson and wear a leather jacket - so what. I have a professional occupation, again so what.
I think that all the do gooders are missing the point. Sure there has been violence in MC culture, sure there has been corruption and misbehaviour but not on the mainstream. Are we to dismantle and abolish the Police force because there has been corrupt cops in the force. Are we to dismantle our political system because there has been some corruption in the political ranks. Are we to sack all Judges and abolish all courts and jail all solicitors due to Marcus Einfeld.
Wake up – you can still talk to a police officer can’t you even though there is corruption in the ranks, you can still associate and with your solicitor or see your local member.
This is vindictive, illogical and a joke. Not all of 1%ers are crims and not all professionals be it police, politicians or the judiciary are corrupt. The laws have to be uniform. No one is going to tell me not to talk to a guy because he is a member of a MC. If that the law we are back in the days of Hitler.
Voice your disagreement now.
As a member of one of the potetial target clubs from this legislation and proposed legislation I look back on my past and clearly it is less than squeaky clean. So the polititions would probably gladly hold me up as and example of a clubbie with a serious criminal record.
Though they would most likely not mention the time that I was on the committie of my local football club. Or for that matter nor would they be likely to mention when I was Vice- President of my local branch of the Liberal Party, but having said that, maby the fact that I am a Member of a Bike Club, with a serious criminal record AND a member of the Liberal party, might just be a sensasional enough headline for them.
My point here is that people of all walks of life have a criminal record, the following from the SA Serious and Organised Crime act 2008;
Part 5—Offences
35—Criminal associations
…(3) A person who—
(a) has a criminal conviction (against the law of this State or another jurisdiction) of a kind prescribed by regulation; …
There is NO mention of organisations in this part of the SA Law, so that is anyone with a criminal record is effected by these laws. To put this in a bit of perspective; 1 in 5 Australian males comes into contact with the criminal justise system, thats 20% with 4% of females, this makes a significant portion of the Australian population that by virtue of this law are for all intence and purposes are placed under house arrest.
Good business for the private jail corporations, all US Owned too by the way!
As a member of one of the potential target clubs from this legislation and proposed legislation I look back on my past and clearly it is less than squeaky clean. So the politicians would probably gladly hold me up as an example of a clubbie with a serious criminal record.
Though they would most likely not mention the time that I was on the committee of my local football club. Or for that matter nor would they be likely to mention when I was Vice- President of my local branch of the Liberal Party, but having said that, maybe the fact that I am a Member of a Bike Club, with a serious criminal record AND a member of the Liberal party, might just be a sensational enough headline for them.
My point here is that people of all walks of life have a criminal record, the following from the SA Serious and Organized Crime act 2008;
Part 5—Offences
35—Criminal associations
…(3) A person who—
(a) Has a criminal conviction (against the law of this State or another jurisdiction) of a kind prescribed by regulation; …
There is NO mention of organizations in this part of the SA Law, so that is anyone with a criminal record is affected by these laws. To put this in a bit of perspective; 1 in 5 Australian males comes into contact with the criminal justice system, that’s 20% with 4% of females, this makes a significant portion of the Australian population that by virtue of this law are for all intense and purposes are placed under house arrest.
Good business for the private jail corporations, all US Owned too by the way!
Those of us who are Union members must stand up against these Facsist laws.For people in any area of life that seem to like promoting swastikas or hammers & sickles, please come to realise that it is laws based on THOSE principles that are being used against ordinary Australians.
UNIONSTS unite to fight extremist legislation.First it is the 1% Motorcycle clubs, then the Brand & Make bike clubs, then Unions (just wait till the Libs get in you have not seen anything yet) then any other organised group that resists OVERT police interference.Criminal legislation exists to protect us all already, these laws are a total attack on freedom of association and civil liberties.How can any law be created that prevents people without convictions from associating with each other.
If this is the case then Labor Queensland & NSW are populated by people closely associating with known criminals and should be banned organisations.