Andrews opens up Victoria under threat of legal challenges – lockdown and fines illegal

Barrister calls out Andrews: The lockdown is a bluff and illegal

A “MESSAGE from a barrister” circulating on social media on Monday has confirmed what various people have been saying for weeks: Daniel Andrew’s so-called health directives for lockdowns and the fines that supposedly enforce them are a sham, a deception and a bluff.
The “case” presented by the barrister purports to prove that Andrews’ hefty fines for enforcing COVID rules and directions from the chief health officer simply would not stand up in court.
Interestingly, Andrews backed down on much of his COVID lockdown on Monday, but still has petty nonsense rules about mask wearing that apply to some businesses and not to others.
The statement kicks off: “Know this. Lockdown orders have zero legal standing. Why did Daniel Andrews desperately want the Omnibus Bill detention powers? He had the existing fines mechanism to enforce directions orders which are the basis of the lockdown. So why the need for new powers. This answer is because people are waking up.

The barrister then pointed to page 106 of The Public Health and Wellbeing Act Division 1 Section 111 which states the spread of an infectious disease should be prevented or minimised with “the minimum restrictions on the rights of any person”.

“The clause doesn’t say ‘the restrictions on the rights of any person will be minimum to contain the spread of an infectious disease’. If the clause’s construction read this way, it would attempt to give the chief health officer arbitrary power to decide what’s minimum to get his job done as he sees fit, and with no consideration or reference to what the person, whose rights being restricted, thinks.  This is not how the law works or what the clause says.

“The legal drafting and clause construction is very clear. It says the chief health officer can do his job to stop the spread of an infectious disease, but a person’s rights restrictions must be minimal. He has a qualifier and restraint. He doesn’t decide what’s minimum. So who does decide what’s minimum?

“If a person, whose rights are being restricted, has no say in the matter, there would have been no need to include the clause in the legislation. The Parliament sought to preserve and protect civil liberties. It’s a check on unfettered powers. That is the purpose of the clause, otherwise, why have it in the legislation if the chief health officer has unrestrained powers? It’s a reminder and constraint on the chief health officer.”

The barrister’s message notes that the Westminster system constrains, separates, checks and contains power, through a mechanism known as the Separation of Powers, which means that the legislature (that makes laws), the Executive (Premier and Ministry) who execute law, and the Judiciary who interpret laws, remain separate. “This is a check on power so it’s not concentrated as we seem to have in Victoria at the present.”

“The default ‘Mentis’ (mind) of Parliament, in a liberal democracy, is to preserve freedoms, particularly the freedom of movement and association which the High Court has protected over and over and now Daniel Andrews thinks he can extinguish.

“The person who decides what’s a minimum restraint on a person’s rights is the person who has the rights. If that person has no say on what’s a restraint, the person would be deemed to have no rights, so why mention them? In this event, the person at best, has privileges which can be limited or extinguished. Like a driving licence.

“True rights can only be suspended or limited by the right’s holder. These are known as inalienable rights – God-given which cannot be extinguished by the state, the chief health officer or Daniel Andrews.

“Division 1 Section 111 was drafted in acknowledgement of this liberal democratic principle. The Section is even referred to as the Principle of the Act, against which all Directions Orders must be measured. Case closed,” the barrister notes.

“What I have just set out is a legal argument by a barrister might make before a magistrate, who is usually ill equipped to handle such arguments. Now you understand why the last thing Daniel Andrews wants is fines to be challenged in court. Push the problem into the future. Maybe, even forgive fines so they never see a courtroom. The podium have zero standing and will never stand up in court when the BS fines are challenged. They’re all a big bluff. The lockdown is a bluff.

“It’s no wonder the Magistrates Court has adjourned all Covid challenged fines well into 2021.

If one illegal fine gets before a court, Andrews will buckle like he did with the Curfew when it was uncovered as a fraud. The Directions Order will be found to be as illegal as the Curfew. The day before the Curfew was challenged in the Supreme Court, it was quickly ended by Andrews.”

The barrister says the 5km restraint is equally illegal as an excessive restraint on the rights of Victorians. “I remind you. If Victorians have no rights, as Andrews asserts, then why mention them in the Act?

“While Andrews can’t be removed as Premier, he is subject to the Westminster system Separation of Powers, which means the Parliament or courts can clip his wings and stop his tyranny. As he has the numbers and Parliament and it’s not sitting, it’s useless to try a no confidence motion against Andrews, so we’re left with the judiciary and the courts. Spread this across social media.”

“Being awake and informed will set you free,” says the barrister. “With the legal illusion of fines swept away, so is lockdown. We decide when the lockdown ends, not Daniel Andrews. The police will run out of ink in their pens writing fines if we don’t cooperate.

“It was for this reason Daniel Andrews wanted detention powers in his Omnibus Bill. He feared someone would write a post like this and wake up Victoria. Repost this as far and wide as you can.

“Victorians don’t know or understand the law and Andrews feels omnipotent whilst Victorians are oblivious and kept in the dark. The average police member in the street is even less well equipped to handle these matter, so don’t try to enlighten them or argue whilst being issued with an illegal and worthless fine.

“They have no idea. They’re just following orders. In any event, fines are only allegations and not findings of fact or guilt. Fines become an admission of guilt when you pay them.”

About Editor, cairnsnews

One of the few patriots left who understands the system and how it has been totally subverted under every citizen's nose. If we can help to turn it around we will, otherwise our children will have nothing. Our investigations show there is no 'government' of the people for the people of Australia. The removal of the Crown from Australian Parliaments, followed by the incorporation of Parliaments aided by the Australia Act 1987 has left us with corporate government with policies not laws, that apply only to members of political parties and the public service. There is no law, other than the Common Law. This fact will be borne out in the near future as numerous legal challenges in place now, come to a head soon.

Posted on October 26, 2020, in Agenda 2030, australian Labor Party, Courts, Covid Cops, Covid-19, General, Victoria and tagged , . Bookmark the permalink. 47 Comments.

  1. EXCELLENT . GOOD REPORTING!

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  2. Keep up the Great work mate

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  3. WOW that is so informative. We citizens dont know our rights. Thank God someone in the media is doing the job that is their vocation to help the public

    Liked by 1 person

  4. all very good if one has the status/capacity of a legal person because all this legal jargon only applies to ‘PERSONS’ which are things known as legal persons. Most all ‘people’ have no qualifications nor standing to have the status of legal, but they do act in many capacities and are actually ‘lawful persons’, guided by the Law of the Land, under the Constitution, whereas ‘legal persons’ are in a foreign jurisdiction known as LAW OF THE SEA. Andrews only has jurisdiction over his employees that work for his foreign government operating in a foreign jurisdiction. If u find this hard to understand go to any government web site and find out how laws are made. u will notice that all legislation is sent to the ‘LEGAL’ section to be written up and in the state of victoria’s case it is led by a woman who is aware of Constitutional law, but chooses to write acts up in the LEGAL jurisdiction. How convenient for them. The barrister source doesn’t mention that obviously. He/she would be a member of the BAR, a foreign entity and membership of exempts anyone from being a representative of a DeJure Government period, that is why andy runs in a foreign jurisdiction.

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  5. A ‘person’ is an enemy (in enmity) of God, by simply being opposed to (not created by) nature and its laws. Nobody gets the difference between legal and lawful, yet it is so simple. Legal applies to persons, lawful applies to people(mankind). Legal applies to lawyers and those qualified in legal who are members of that society. It cannot apply to the rest of us unless we contract. R u getting it? Law of the sea vs Law of the Land.

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  6. Hey Ed you might convince some in FNQ that Andrews is in trouble but the people that matter (and that’s Victorians) think you’re talking bullshit.

    https://www.theage.com.au/national/victoria/andrews-support-strong-but-liberal-leader-floundering-poll-20201026-p568kz.html

    Liked by 1 person

  7. Trying to fact check this from The Victorian Public Health and Wellbeing Act ( http://classic.austlii.edu.au/au/legis/vic/consol_act/phawa2008222/ ) and this section does not match – “The barrister then pointed to page 106 of The Public Health and Wellbeing Act Division 1 Section 111 which states the spread of an infectious disease should be prevented or minimised with “the minimum restrictions on the rights of any person”.”

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  8. Geoffrey Mcmaster

    I find it amazing that it has taken this long for a comprehensive explanation as to the legal ramifications of dan’s victoria lockdown. Having said that I read where sweden ( who didn’t impliment a lock down) is experiencing a big recurrance of the virus. So did dan save the population of victoria ……maybe??

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  9. Yeah thanks Bob for your valuable contribution. Nearly every sane person in every other state knows about the scamdemic and the future consequences for Victoria. At least 90% false positives, according to the best epidemiologists in the world, have locked up the idiots of suburban Victoria without a peep. They will be easy taking for the Communist Chinese when they move into Victoria. Will you roll over or resort to your garden hose to defend yourself?Editor

    Liked by 1 person

  10. What has taken so long for something to be put out here … I and others have been trying to tell wake people and expose all the corrprution..for months…so much evidence facts Proff out there… The government should be all removed… sacked .. They so corrprut ..acting on corrprut law…The government changed but can never be changed … The elections cannot be lawful …. No government should remain in government if unlawful and lieing to the people…What is wrong with the law…. has been changed to overseas law …

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  11. Joyce Vrakatselis

    About time something like this is out for all to read and share 👍🏼👍🏼👍🏼👏🏼👏🏼👏🏼👏🏼 Andrews should resign.i have shared this with a lot of people. Great barrister work 🙏🏽🙏🏽

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  12. Dan Andrews needs to be held accountable

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  13. Thanks for your great posts

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  14. About time someone found out the truth about Andrews and his bloody bullshit yes police are only doing what they been told to do no good arguing with them just let it be

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  15. At last we are given some hope, decent people prevail in the truth

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  16. Vassoula Sousamlis

    Sack him straight away how dare he abuse our God given rights .How much longer are we going to be stupid . Pauline Hanson is a great Politician who needs to be voted on 💯

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  17. Thanks for your input and information
    Australians need your help

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  18. It does not matter which type of law they have put us under, they do as they like because we have let the do as they like since 1973. Probably way too late now to do anything, probably (more than likely) all government systems in Australia are corrupted – all of them.

    We let it happen, we will keep on letting it happen – Australians will vote one of the major parties back in next elections. When they do stop bitching,
    Australians will have spoken – they will have voted for more of the same.

    All you can do is hope you come out the other end of this with your health.

    Good luck.

    Liked by 1 person

  19. Andrews Berejiklian and the other premiers must be arrested and charged with treason and crimes against humanit!!!!!

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  20. Brilliant analogy, we need more legal people to stand up like this person, and interpret the law to civilians, irrespective of fees and costs Solicitors are in this too, so let’s see more involvement .

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  21. To editor of Cairnsnews today is 13th Sept 2021 it has taken too long for your vital information of advice from barristers on the fraud and illegal policies of lockdown and related fines to reach people like me here in Victoria. I understand and agree with our true rights as explained. The Victorian barristers must prosecute Andrews and Sutton and by so doing open the eyes of the people here to stand and resist without fear. The fear must be destroyed. People like myself not brainwashed are fighting, have been resisting for months. Please help us.

    Liked by 1 person

  22. I hope something gets done to stop these stupid illegal lockdowns over a fake or should I say 99.95% chance of recovery if you catch it virus. He needs to be charged and put in jail for all the people that have died because of these lockdowns. He has no empathy or guilty conscience when confronted about it .

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  23. Monica I feel your desperation oozing from this comment To legally remove the problem behind a wall of corruption is not an option. The establishment will remain until the duopoly party faithful are dismantled to free thinking voters to remove that head of the serpent. The swell of awareness grows daily, the duopoly can see this and are working on self preservation at any cost. If solidarity were to become a reality People Power will win but Australia has lost any solidarity it once had not saying it will never return but will that be in time … ED

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  24. It’s all unlawful and all the people involved should be dealt with it’s gone to far

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  25. I stumbled upon this a few weeks ago. Thankyou for providing real, credible news🙌. So well written!

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  26. I thought that the inmates shirts were in the colour green in the state of victoria

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  27. Thank you ! That is good news.

    Daniel Andrew is planning a new law, l think he will make it illegal to call him Dictator Dan , and any other criticism’s we say about him

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  28. Bravo. People such as yourself are essential in pushing back against this creeping evil. Keep up the good work.

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  29. Shirley Melverton

    Amazes me that the “Dan” knockers take pages of absolute BS buried in non sensicle legal jargon to try & convince the rest of us what a naughty boy he is! The “believers” only need one sentence to describe our faith, trust & hope in our State Premiers leadership…
    “I stand with Dan”
    My advice to those who insist on saturating social media with useless information in your effort to brainwash the gullible is STAY ON YOUR SIDE OF THE FENCE with all your negativity.. me? I prefer the positive side where there is still hope & faith in our future!

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  30. Freedom of speech we uphold here at CairnsNews, unlike Dan Dan the Covids Man but it must be very lonely for you Shirley by yourself supporting Dangerous Dan.

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  31. About bloody time,someone had the balls to end this tyranny,why has it taken so long ? for someone with the knowledge & power,not to bring this forward sooner.Almost 2 years of heartache & loss of almost everything,just happy now,someone has put him in his place 🙏 Next thing that would end all this is,take ban off Ivermectin !!!! it’s been proven to work over & over again,Stop these poisonous JABS !!!! PLEASE 🙏 I beg of you

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  32. Just up petition to remove Chant in NSW it needs signatures t become visible please help sign repost link. change.org/nomorechant

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  33. This is all very well and good, but Andrews must not be allowed to get away with what he has done to the people of Victoria.

    He has engaged in crimes against humanity. He must be tried for those crimes. If convicted, he must be made to pay the penalty for those crimes. Not the State; but Andrews personally.

    There is no getting around this. Unless Andrews and the members of his government are personally to account, these vile morons will do this again and again.

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  34. We all must band together to remove liberals, nationals, and labour, we have not achieved anything under them for the past 50 years. And we never will

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  35. Don’t worry too much we have heard they will be cleaned up with a bacteria wipe. Ed

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  36. Bring it on! See the truth prevail as Andrews fall.

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  37. If no righteous man stands evil prevails. In the words of Martin Luther King March 25, 1965
    Montgomery, Alabama, March 25, 1965. “True peace is not merely the absence of tension; it is the presence of justice.”29 Apr 2021 MLK

    Thank you for confronting pharaoh “”Let my people go”
    God Bless you we Christians are praying and we bless you for answering our prayers to let truth prevail
    Chris Davis

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  38. What a refreshing paper its so wonderful to hear the truth, thank you so much for your service especially in these times. I may think of moving closer to Cains !

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  39. Dear editor, thank you for writing this article and providing some really thought-provoking information. Could you tell me where and how you found out about the things you mentioned in the article? Also, could you please provide the name of the ‘barrister’ if possible? That would be much appreciated. Thank you. Kind regards, Seb

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  40. About time !
    The governing whether federal or state need to follow the real Science .
    What is happening in Israel right now is what Australia will become should they continue with their agenda to inject 90% of Australian s with the experimental genetic engineered jabs. This need to be addressed NOT ignored .
    People have had enough of the tyranny !

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  41. About time !
    The governing whether federal or state need to follow the real Science .
    What is happening in Israel right now is what Australia will become should they continue with their agenda to inject 90% of Australian s with the experimental genetic engineered jabs. This need to be addressed NOT ignored .
    People have had enough of the tyranny !

    Like

  42. Great words.
    Ta

    Like

  1. Pingback: Andrews opens up Victoria under threat of legal challenges – lockdown and fines illegal | The Crazz Files

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