OPEN LETTER TO CAMPBELL NEWMAN – PREMIER OF QUEENSLAND
I am a 51 year old male who served in the Australian Army for 21 years. I ride motorcycles, have no criminal record and occasionally I catch up with an ex- Army friend who is a member of an OMCG. I am a professional Executive Officer/Administrator and have worked in the Not for Profit sector for the 12 years. I live permanently in Victoria and in the past visited various parts of Queensland.
I wish to raise with you the fact that I disagree with your legislative reform targeting Criminal Organisations, insofar as, you have specifically aimed your sights on Motorcycle Clubs for whatever biased based reason. Through your changes and introduction of additional legislation, you have inherently alienated the current government from a large majority of who you purport to represent.
The reversal of the standard rule in law, innocent until proven guilty beyond a reasonable doubt to current format under this legislation that you are now guilty until proven innocent. Furthermore, the removal burden of proof, the exemption of rules of evidence and the infringement on common law rights has impacted severely on your state. With Police encouraged to profile members of the community, you are now affecting your greatest income revenue – tourism. Police have and continue to target innocent people; venues across the state are overly reacting asking people to leave without cause. So when you are preparing your next budget, I would suggest you allow for an annual reduction of between $ 20-50 Million per year, from the impact these laws are having on interstate tourism. Seriously, why would people want to visit a police state and take a chance of being imprisoned based on their respective lifestyles.
Under your current laws, the fact that I have tattoos and ride a motorcycle, I would be guilty by association and subject to imprisonment. So you would understand that I will no longer be visiting Queensland within the foreseeable future, unless these laws are repealed.
I note the following information has been obtained from your Office of the Queensland Parliamentary Counsel. All of these points raised below are clearly contrary to your Criminal Organisation Legislation.
Legislation should not abrogate common law rights without sufficient justification.
To provide practical rights of appeal or review, and consistent with having sufficient regard to the rights and liberties of individuals, a decision-maker should be required to give reasons for a decision, together with information on review or appeal rights.
The principles of natural justice are principles developed by the common law.
– First principle – The principles require that something should not be done to a person that will deprive the person of some right, interest, or legitimate expectation of a benefit without the person being given an adequate opportunity to present the person’s case to the decision-maker.
– Second principle – The decision-maker must be unbiased.
– Third principle – The principles require procedural fairness, involving a flexible obligation to adopt fair procedures that are appropriate and adapted to the circumstances of the particular case.
Common law rights to freedom of movement are associated with the rights to liberty and security of the person, to freedom of peaceful assembly and procession, and to a democratic society respecting the rule of law.
When considering the problem of the vilification of individuals on a discriminatory basis (for example, race, religion, sexuality, and gender identity and special note this includes modes of transport, appearance, personal and professional associations), it is necessary to balance the value of the right of free speech against the value of protection against unfair and discriminatory abuse.
Legislation should not reverse the onus of proof in criminal proceedings without adequate justification
Regulation of business, although prolific, is an intervention in a right to conduct business in the way in which the persons involved consider appropriate.
Legislation should provide for an appropriate standard of proof of matters arising under the legislation.
Any change from the common law standard of proof should be justified.
The principles require that something should not be done to a person that will deprive the person of some right, interest, or legitimate expectation of a benefit, without the person being given an adequate opportunity to present the person’s case to the decision-maker.
Please note that I have not raised in this letter, any additional points in relation to the non-compliance with Principles of Human Rights as guaranteed by the United Nations, which Australia is a signatory.
I look forward to your respond, and please do not espouse or regurgitate legislation back to me. I want to know what steps you are taking to modify the legislation, so as to remove the blatant discrimination against motorcyclist and members of organised clubs. Because as the law stands at the moment, you can declare the local Scout Troop or a branch of the RSL (Ex- Military members who know how to use rifles), Nurses Union or any formed body as a Criminal Organisation.
GORDON Vic 3345