The Independent Broad-based Anti-Corruption Commission Committee

A. The Bill of Rights:

Charter of Human Rights & Responsibility Act 2006 (the Charter)
Tomasevic v Travaglini & Anor [2007] VSC 337 (13 September 2007)
Equal Opportunity Act 2010 (VIC)
Racial Discrimination Act 1975 (Cth)
Common law rights, human rights scrutiny and the rule of law: Former NSW Chief
Justice Spigelman has described case law setting out rights which Parliament is
presumed not to have intended to limit or overrule, unless this intention is made
clear, as a "common law Bill of Rights".

B. The Law:
Commonwealth Constitution, s51, s75, s109
Judiciary Act s38
Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51
(12 September 1996)
Uniform Tax Case HCA (High Court of Australia) 1942 (65 CLR 373 at 408)
Crimes Act (Victoria and Commonwealth)

C. STAR CHAMBERS: aiding and abetting

D. Judicial Immunity, and abuse of power, position, trust

E. Removing Pensions for abuse of power, position, trust

F. Deaths of Mr Gong Ling Tang at the hands of Victoria Police, and Deaths in
Custody of Aborigines, including Ms Dhu

G. EXHIBITS:

a. VCAT H8/2015 Kelly vs Ratcliffe, Presided G Nihill

b. VCAT H274/2014 Kelly vs AG and State Victoria, presided G Nihill
c. Kelly in Chambers Forrest J 14th January 2015.

1
H. Terms of Reference
Self-referenced by the Committee on 19 June 2017:

That, under s 33 of the Parliamentary Committees Act 2003, the Independent Broad-based Anti-corruption Commission
Committee inquire into, consider and report, no later than 30 June 2018, on the external oversight and investigation of
police corruption and misconduct in Victoria.

Specifically, the Committee is required to

1. Examine the current system for the oversight of police corruption and misconduct in Victoria, in particular the role
of IBAC and the Victorian Inspectorate.
2. Identify and assess best-practice models for the oversight of police.
3. Identify and review the main challenges to the effective oversight and investigation of complaints and disclosures
about police in Victoria. This will involve an examination of the legal framework for the oversight of police in
Victoria. The review will encompass both the legal responsibilities of those overseeing police as well as the
perspectives and experiences of complainants, including marginalised Victorians.
4. Consider best-practice strategies to improve the oversight and investigation of police corruption and misconduct
and how they may be implemented in Victoria.

The Committees Inquiry will include not only the oversight of police officers but also protective services officers.

Email to ibacc@parliament.vic.gov.au
Hardcopy; send to:
The Executive Officer
Independent Broad-based Anti-Corruption Commission Committee
Parliament House, Spring Street
EAST MELBOURNE VIC 3002

All submissions should include:

Your full name: LE PHAM

Contact details (either a postal address or phone number)

The text of your submission or an attachment containing your submission

A clear indication if you are seeking confidentiality: CONFIDENTIALITY ON
ADDRESS AND MOBILE NUMBER ONLY

2
1. The Charter of Human Rights & Responsibility Act 2006 (the Charter), inter alia,

sets out the basic human rights and responsibilities of public officials, including the

Victoria Police.

2. This is supported by the Common law rights, human rights scrutiny and the rule of law

as described by Former NSW Chief Justice Spigelman in case law setting out rights

which Parliament is presumed not to have intended to limit or overrule, unless this

intention is made clear, as a "common law Bill of Rights".

3. Where there are Questions of Law arising that relate to the application of the Charter

or questions arising with respect to the interpretation of a statutory provision in

accordance with this Charter, Commonwealth Constitution, inter alia, in a

multicultural Australian society where language, comprehension and cultural

differences maybe a problem, the Charter sets out the provisions for seeking to have

those Questions of Law decided by a competent, independent and impartial court or

tribunal after a fair and public hearing (s24 Fair Hearing) and Recognition and

equality before the law (s8), pursuant to s33 and s36;

4. The Charter also sets out the conduct where life and liberty are concerned:

5. Section 8. Recognition and equality before the law;

6. Section 9. Right to life;
7. Section 10. Protection from torture and cruel, inhuman or degrading treatment
8. Section 13. Privacy and reputation
9. Section 17. Protection of families and children
10. Section 21. Right to liberty and security of person
11. Section 22. Humane treatment when deprived of liberty
12. Section 24. Fair hearing
13. Section 25. Rights in criminal proceedings

14. Where Victoria Police has power to act, they refuse to act,

3
15. Where Victoria Police has NO power to act, they would interfere with the

administration of justice, or make arbitrary and capricious decisions based on

prejudices and whims.

16. It would appear that Victoria Police has been given the power of Judge, Jury and

Executioner;

17. Their Arbitrary and Capricious interpretation of the law is a death sentence for

Aborigines, Immigrants, Asylum Seekers and Refugees;

18. The Death Sentence is evident in the numerous deaths in custody of Australian

Aborigines Peoples;

19. In 2010 or thereabouts, Mr Gong Ling Tang died when Victoria Police threw him out

of Victoria Police Station at Dandenong, knowing full well that he was a in a serious

state of illness;

20. The legal jostle to release the CCTV surveillance video, would indicate that other cases

could have occurred without the Public ever becoming aware of it.

21. Recently, the death of Ms Dhu in custody in Western Australia, for the lack of payment

of mere fines, appears to be a continuation of the current police of provide police with

the power of judge, jury and executioner.

22. When the Judiciary has power to act and refuses to act, or where the Judiciary act

and or interpret the law in an arbitrary and capricious manner, such malfeasance

aids and abetting the unlawful conduct of Victoria Police, protective services

officers, and police prosecutors as court officers.

23. Victoria Police, protective services officers are being used as corporate vigilantes,

in order to deny unrepresented litigants, access the courts and legal process,

24. as a direct attack on the integrity of the Supreme Court Victoria, and Justice Bells

common law precedence in Tomasevic v Travaglini & Anor [2007] VSC 337 (13

4
 September 2007), where it is stated that the duty of the presiding judge is to help

unrepresented litigants.

25. The Registrars of the Supreme Court Victoria and of Victorian Civil and

Administrative Tribunal and VCAT Members: Registar Ratcliffe, Staff members

Andrew Fraser, inter alia, VCAT Members, Anna Dae, Genevieve Nihill, Lulham,

Grainger, registrar Jim Nels.

26. As a matter of fact, it is VCAT Members Dae and Nihill, who contributed to the death

of Mr Gong Ling Tang, BY REFUSING TO HEAR questions of law and the Charter,

and Equal Opportunity Act, and or the Racial Discrimination Act, inter alia, that aided

and abetted the conduct and the refusal of Victoria Police to do what they have power

to do: to protect public safety, either to protect, or provide or seek medical attention

for Mr Gong Ling Tang, or protect the public from the trauma of accidents and having

hit an ill man with vehicles.

27. The limited timeframe, in order to make this submission, means we can only provide

three (3) exhibits;

28. Mr Kevin Kelly is an Aborigines man with limited education, who sought VCAT

questions of law pursuant to the Charter, the Equal Opportunity Act, and Racial

Discrimination Act, against Victoria Police and the Attorney General of Victoria;

29. The VCAT Deputy President G Nihill refused him without proper written reasons,

30. The Supreme Court Registrar, Rod Ratcliffe refused to file the case without proper

reasons.

31. And the Judge of the Supreme Court, J Forrest, refused him without proper reasons.

32. The STAR CHAMBERS have been outlawed for a long time, if we are not incorrect;

5
33. These acts of malfeasance appear to be unlawful discrimination and vilification, based

on race or otherwise, and INDIRECT discrimination at all other immigrants, refugees,

asylum seekers, who rely on the Equal Opportunity Act and or the Racial

Discrimination Act;

34. The uncertainty in law has aided and abetted misconduct and corruption, and or

confused Public Officials;

35. Where Judicial Officers have the power to act and interpret the law, they refuse and

prefer to apply the mere Rules arbitrarily and capriciously as Corporate

Administrators;

36. The Charter provides for provisions, (s33 and s36, inter alia) to challenge the

misconduct of the Victoria police, Police Prosecutors as officers of the court, and

protective services officers, either at VCAT and or the Supreme Court Victoria;

37. In light of the ineptitude of the Victorian Human Rights and Equal Opportunity

Commission, and their lawyers and staff, such as Jessica Cleaver, it is imperative that

questions of law be answered properly and publicly, pursuant to the Charter;

38. Without the interference of the Registrars and Prothonotary and court staff,

39. The Crimes Act (Victoria and or Commonwealth) has provisions for the Offence of

the Interference with the Administration of Justice, inter alia, for which Victoria

Police so far has failed to investigate;

40. Another immigrant, Mr Antwany Arnold, without proper legal education have had to

deal with Victoria Police and Victoria Police Prosecutors,

41. Mr Antwany Arnolds cases are or were indictable offenses, for which the presiding

judicial officer(s) had refused to provide him with his rights to a Trial by Jury or refused

to make that option available to him; Case No. 201201249, inter alia.

6
 42. If IBAC and the Victorian Inspectorate, are to be best-practice strategies to improve the

oversight and investigation of police corruption and misconduct and how they may be

implemented in Victoria, they must apply the Charter and the human rights and

common law rights therein,

43. And the Judicial Officers of the Supreme Court and Court of Appeal,

44. Our English may be incorrect and our grammar poor,

45. We wish to be heard further at a later date, either via further submissions and or public

hearings, inter alia.

Le PHAM
Thursday, August 03, 2017