Petition Closed

No more Judicial immunity in Australia

This petition had 20 supporters

The Australian Constitution does not cover for the inability of the Justice system anymore, but the Federal Government and the Judicial System still use it to hide thier liability, especially when they're wrong, this has to change immediately. 

The ALRC states:
17.11   The Law Council of Australia submitted that, in general, ‘the whole course of the development of Australian law ... points to removal of executive immunity’.[17]

17.12   The general immunity is now abrogated by statute in all Australian states and territories and in the Commonwealth.[18] For the federal government, Crown immunity from suit was abolished by the Judiciary Act1903 (Cth),[19] and arguably under s 75(iii) of the Australian Constitution,[20] suggesting Australia’s constitutional arrangements work against special immunities from suit for governments. Under ss 56 and 64 of the Judiciary Act the executive is, so far as possible, subject to the same legal liabilities as citizens.[21]

17.13   Nevertheless, this position could be clarified. In its 2001 report, The Judicial Power of the Commonwealth, the ALRC recommended that the Judiciary Act be ‘amended to state expressly that the Commonwealth is subject to the same substantive obligations at common law and in equity to persons of full age and capacity, except as specifically provided by a Commonwealth Act’.[22] In its submission, the Law Council supported this and other related recommendations in the ALRC’s 2001 report.[23]

17.14   Thus the Commonwealth of Australia now has no general Crown immunity from liability in tort or other civil actions and is subject to the same procedural and substantive laws as those which govern claims by one individual against another.[24]The Crown is also now subject to vicarious liability for the torts of its servants and agents, and may also have a non-delegable duty, to the same extent as an individual.[25]

The truth is, there was an immunity, but now there is not. 

No more immunity to cover for thier lies, breaches of our civil liberties and human rights.

Today: Russell is counting on you

Russell White needs your help with “Governor General: No more Judicial immunity in Australia”. Join Russell and 19 supporters today.