Tuesday, 28 April 2015

short and to the point

I can't go ahead with the breach of contract in a local court,my wife is getting sick again with her carcinoid syndrome and can't cope with the stress of me trying to do something in court.

Do you know anyone who wants to take this on? I was ideal because I had no assets no income am a disabled pensioner, if any costs were awarded pfft.

Basically it needs someone to take the matter to a district court and pay the fee, Queensland has an online form to fill in (2 of them) and presumably other states will.

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp1314/OathsAffirmations  and   http://www.newyorker.com/books/page-turner/a-brief-history-of-oaths-and-books  show that oaths are a contract

  is the basis of the claim, but word the breach of contract claim so that the final monetary claim is reliant on renouncement of British citizenship  and once the paperwork for the court case is lodged subpoena from Abbott " any paper,letter,document,form or receipt relating to renouncing British citizenship "
I haven't heard anything more from the law professor at UQ so that is stalled too.

Sorry this has slowed down, but the missus is more important.

Wednesday, 22 April 2015

Letter to Gary Gray,Shadow Special Minister for State

unfortunately I can not contact you on twitter where I contacted Ms Plibersdek,Ms Bishop and Senator Ronaldson about the lack of oversight of citizenship and compliance with S44 by this and previous parliaments.
For some reason your party has silence any member asking about compliance with S44, to the many thousands who follow the discussion on twitter this seems as thought the labour too has some members to protect.
Who is the labour party protecting form investigation into compliance with S44?
With the liberals it is easy to understand why they flinch from the idea, the Prime Minister is the leader of those who do not comply with the constiution and several other members are showing up as not having Australian citizenship in  the National Archives of Australia.  the NAA can not be guaranteed as the be all and end all of Australian citizenship, but it is a good place to start raising questions and the reluctance of the liberal MPs queried to confirm they actually have Australian citizenship is disconcerting.
Dr. Jensen had the gall to call me an idiot for daring to ask if he would follow up what you labour people are covering up, Terri Butler's question to the Prime Minister from 23 January, a link to that letter is included with this email, he has no Australian citizenship papers with the National Archives.  Not does Mr Cormann, and a few on your side of politics.  
I have contacted public servants in both the House and the Senate and they advise they are unable to monitor the law or query members of parliament if they comply with the law.
Senator Ronaldson presumably refuses to do this, he refuses to reply to any of my letters so I don't know for sure.  
As a politician you have the right and power to ask that compliance with S44 of the constitution be looked into, will you do this?  Will you ask for an audit of citizenships?

It is sad that voters have to do what their elected representatives refuse to do. Voters have to take the matter to the High Court and I guess every foreign born member of parliament will be heading to the High Court after the next election unless it is proven before hand that they comply with S44 of the constitution.  The High Court has better things to do than to do the job of politicians and it is a waste of so many highly educated and trained bodies on the High Court to have them do what should be basic public service work.  
I look forward to your asking parliament to run an audit of compliance with S44 of our constitution.  You MPs can't demand citizens comply with our laws when it appears so many of you do not.

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

Monday, 20 April 2015

Joint Select Committee on Elelctoral Matters

Got this from parliament house, the JSCEM

Dear Tony
The role of the Joint Standing Committee on Electoral Matters (JSCEM) is to inquire into matters relating to electoral laws and practices and its administration as referred to it by either House of the Parliament or a Minister.  The matters that may be referred by the House include reports by the Commonwealth Auditor-General. The Committee could also inquire into matters raised in annual reports of Commonwealth Government departments and authorities.

Further reading on S. 44 that may interest you can be found here.

FYI - The JSCEM Committee recently tabled a report inquiring into the 2013 Federal Election and can be found here.

Any problems relating to S44 must be referred to the JSCEM  by either the House or the Senate, or a Minister, as such Abbott is well and truly protected at the moment.

The JSCEM can hear public submissions shortly after elections, the links relate to several private individuals and businesses contacting them.  Don't know if someone asking about S44 would be acted upon but another way to do things after the next election


Letter from the Clerk of the House of Representatives 

Thank you for your email about compliance of members of Parliament with S44 of the Constitution.

Neither I nor my office have responsibility for monitoring compliance of members with S44.

Under the Commonwealth Electoral Act 1918 either House of Parliament may, by resolution, refer any question concerning the qualification of a member to the Court of Disputed Returns (the High Court) for determination. Also the Commonwealth Electoral Act provides that a person’s qualifications to serve as a member may be challenged by way of a petition to the Court of Disputed Returns.

House of Representatives Practice, the definitive procedural publication of the House’s practice outlines a number of cases where the qualifications of members have been challenged. I attach for your information the relevant extract from House of Representatives Practice.

I hope this information is of assistance to you.

Yours sincerely

The file sent with this email is here:- 


And clarification from the Seante:-  

Thank you for your email enquiring about who is responsible for ensuring that members of parliament comply with section 44 of the constitution.

The mechanism for assessing the qualifications of senators is outlined in length in Odgers’ Australian Senate Practice (13th edn, pp 128-9, 157-66) which states that “Under sections 376 to 381 of [the Commonwealth Electoral] Act either House [of Parliament] may refer any question concerning the qualifications of its members to the High Court, which is constituted as the Court of Disputed Returns, to hear and determine the question” (p. 164). Matters concerning the election, choice or appointment of a senator outside the jurisdiction of the Court of Disputed Returns can be brought before the Senate (standing order 207). The Senate department does not proactively monitor section 44 of the Constitution or actively query senators about their compliance with the law.

Candidates sign declarations relating to their eligibility for candidacy at the time of their nomination through the AEC although, as you mention in your email, there is no obligation on the Australian Electoral Commission to determine whether a person is disqualified at the time of the person’s nomination.  Rather there is a 40-day  window of opportunity available to any citizen to dispute the validity of a candidate’s election.

I hope this has been of some assistance.

If you want to keep me out of poverty, please send a penny or two.  I am one of those pov-liners who can't afford to drive a car and for who a cup of coffee or a glass of beer is out of the question.

Saturday, 11 April 2015

Another letter to Senator Ronaldson

If you want to keep me out of poverty please think about sending a penny or two.  I am one of those pov-liners who wont be able to afford the new $5 GP tax, nor the beer & coffee all of these politicians say is easily affordable. 

Sent today, 12 April 2015

I wrote to you on the 15th of December 2014 asking you use your ministerial powers to allow the Australian Electoral Commission to query candidates citizenship with regard to our constitution.

You couldn't even be bothered sending an automated response, my email and all of my subsequent twitters seem to have gone into the  whinge bucket never to be seen again.

Because of your refusal to act,either to reply to my email or on my request  I have had to resort to this, sent to Mr Abbott on 25th March 2015:-
Anthony John (Tony) Abbott of Level 2, 17 Sydney Road, Manly NSW, 2095, I am writing to seek relief for breach of contract.

On 18 September 2013 you swore an oath of office to well and truly serve the people of Australia.  This is a verbal contract between you and me as I am one of the people of Australia.

You are in breach of that contract in that the Department of Prime Minister and Cabinet in FOI 2014/159 stated that your renunciation of British citizenship papers do not exist.  As the renunciation papers do not exist you are in breach of the Australian Constitution S44 and therefore your verbal contract to well and truly serve me as a person of Australia is broken.

I seek relief of $200 per day as set down in the Australian Constitution S46.
If I have not received the money by 17 April 2015 I will take the matter to court.


Tony Magrathea

Your fault Senator,once this goes to court and the truth about his citizenship is out, how many of your party colleagues will be questioned as to how much they knew and why they were covering up for him?

My request to allow the Australian Electoral Commission to monitor compliance with the Australian constitution was more than reasonable.  You weren't.


The original letter :-

Letter to Special Minister of State

Senator Ronaldson is the Special Minister of State with responsibility for the AEC.  I have written to him today asking he change the rules for the AEC and allow them to investigate and ask for proof of renunciation of dual nationalities.  Here it is:-

Dear Senator
As special minister of State part of your responsibilities are the rules relating to the AEC.
I am writing to ask you to change the rules regarding dual nationality.  As it stands at the moment the AEC have no authority to ask candidates about their nationality.This must change, the example below will explain why. The AEC must be able to query all candidates about their eligibility under section 44 of the Constitution.

At the moment the Prime Minster is in parliament illegally. He is a dual national, an FOI request to his department has shown the renunciation papers for his British nationality do not exist. He is still a dual national. The AEC have advised that they are precluded from asking or investigating dual nationality because of rules set down by your office.

The FOI is https://drive.google.com/file/d/0B42C_wWg31otWnE4Z0dtVEZpYzA/view?pli=1

Mr Abbott is currently being investigated by the Australian Federal Police for signing 8 false declarations and may be charged with fraud once their investigations have finished.  A copy of the investigatin request is http://tonymagrathea.blogspot.com.au/2014/11/a-copy-of-report-to-afp-141114.html
Mr Abbotts office refuses to reply to any questions from me or others about this.

Senator Macdonalds office advised that all MPs in the liberal party know he is a dual national but they did not think that was illegal.

People,voters,citizens of Australia are querying their own local members and members of the cabinet about Mr Abbotts dual nationality and when no response is received those people are asking their local state police to investigate the MPs for breaches of their state Crimes Acts. Most state crimes acts are not jurisdiction specific when it comes to people failing to report a crime or an alleged crime.

Senator Brandis, Ms B.Bishop,Mr Brough and Mr Dutton have been reported to Queensland police to see if they are in contravention of the Qld Crimes Act.
Similarly Mr Baird the Premier of NSW is being investigated by the NSW Police.  I also believe the NSW ICAC is examining to see if Mr Baird is in contravention of the corruption laws by hiding the alleged crime.
I am told Ms Credlin is being investigated by ACT police for contravention of their Crimes Act in failing to advise of a possible crime of fraud being committed by her employer.

I don't know how many other MPs and ministers have been asked to be investigated by state police forces, not everyone is telling me when they report on crime stoppers.

All of this police investigation of members of your party because on idiot decided he didn't need to follow the law and the Electoral Commission didn't have the authority to question him.  It could be that every member of the ministry is being investigated by the police forces of Australia because one man feels he is above the law.

Will you change the AEC rules to allow them to query nationality and to ask for copies of renunciation papers from candidates?

I do hope you see the sense in a simple change to the AEC rules.

I do hope that not everyone in cabinet has to go before the courts for hiding a crime and perverting the course of justice. And any minster investigated may face the possibility of the extra charge of gaining financially from withholding information from the police, their promotion to the ministry would be proof enough of getting a financial advantage.

I look forward to your early response as this matter needs resolved very quickly or we wont have a government left in this country.

Tony Magrathea