This Blue Paper is a draft prescriptive standard for Australianness, arising out of multiple challenges to Australian values by foreign influences, by anti-Australian sentiment and by our governments kowtowing to unethical and backward cultures that are undermining Australian traditional values. This is a feeder document toward nationalist policy and subsequent draft proposed law, inviting input and debate by Australians.
Nationalist Initiatives
- Establish a National Anti-Corruption Court with national jurisdiction at the hierarchy level of the Federal Court
- National Anti-Corruption Court established under a National Anti-Corruption Court Act with powers equivalent to a standing royal commission, defines corruption, setting out the functions of the Court, describing referral responsibilities, constituting and setting out the functions of the Court and making provisions for referrals from and reports to the Australian Parliament.
- A registry of the National Anti-Corruption Court and a Circuit Court rotation to be located in Canberra, Sydney, Melbourne, Adelaide, Brisbane Perth, Darwin, Hobart, Alice Springs, Port Hedland and Townsville.
- The National Anti-Corruption Court to supersede and abolish each anti-corruption commission in the respective states and territories:
- NSW: Independent Commission Against Corruption
- VIC: Independent Broad-based Anti-corruption Commission
- QLD: Crime and Corruption Commission
- SA: Independent Commissioner Against Corruption
- WA: Corruption and Crime Commission
- NT: Independent Commissioner Against Corruption
- ACT: Independent Commission Against Corruption
- TAS: The Integrity Commission
- The National Anti-Corruption Court is to be Australia’s only anti-corruption body, accountable only to the Australian Parliament.
- The jurisdiction shall receive complaints and notifications of corruption, misconduct in the public or private sectors anywhere within Australia and its jurisdictions, bribery, foreign influence in Australian government and public administration, members of parliament, public office holders, public administration, Australian diplomats, military, police, Federal Police, intelligence services, organised crime, to investigate and expose such corruption and misconduct; to inform the Australian community about the risks and impacts of corruption and police misconduct, and ways it can be prevented, and ensuring accountability and independence.
- The jurisdiction to extend to all aspects of public and private sectors at national, state and local levels NSW public sector agencies (with some exceptions noted below), their employees and contract staff in government departments and state-owned corporations, local councils, members of Parliament, ministers, senators, the judiciary, state and territory crime commissions, governors and the Governor General.
- The National Anti-Corruption Court jurisdiction is to be broad, covering all criminal matters arising under Australian federal law with allegations of misconduct and/or corruption according to national statutory laws, so as to fulfill the role of a court exercising the judicial power of the Commonwealth under the Constitution.
- Criminal matters of the Federal Court such as concerning taxation evasion, taxation fraud, the Corporations Act 2001 and Australian Securities and Investments Commission Act 2001, the Bankruptcy Act 1966, restrictive trade practices, Australian Consumer Law, Competition and Consumer Act 2010 (such as mergers, misuse of market power, exclusive dealings, false advertising, cartel conduct, to now fall under the jurisdiction of the National Anti-Corruption Court.
- Judicial appointments to the National Anti-Corruption Court to be made by national parliament and each appointment to extend for fixed once in a lifetime term of 5 years.
- Appeals from the National Anti-Corruption Court to be only to the High Court of Australia on questions of national law.
- The Administrative Appeals Tribunal to be abolished. Appeals from the Federal Court Circuit concerning decisions under the Migration Act 1958 are to be disallowed. The Immigration Minister is to have the final discretion regarding decisions concerning cases of Australian residency status, naturalisation status, deportation, and other matters under the Migration Act 1958. The Migration Act 1958 to be repealed and immigration legislation reformed.
- Ongoing legal reform it to be championed by the National Anti-Corruption Court to foster consistent national practice.