Posted by Nicholas N Chin on February 20, 2013 at 12:44am in ActivismView Discussions.Complaints Info
9:18 pm (1 day ago)
to me
Dear Mr Chin I refer to your further email. Under the Australian Human Rights Commission Act 1986 (Cth) (AHRCA), the Commission can investigate alleged breaches of human rights against the Commonwealth of Australia or one of its agents. Human rights are specifically defined to include those rights as provided for in the international instruments scheduled or declared to the AHRCA, including International Covenant on Civil and Political Rights (ICCPR). From the information you have provided, it does not appear the outlined situation would be covered by these human rights provisions as it does not involve the Commonwealth or one of its agents. Rather it appears your concerns are with the Western Australian Department of the Premier and Cabinet and the Western Australian Legal Profession Complaints Committee.
Kind regards Lani Westcott
Complaint Information Officer
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
Tue, Feb 19, 2013 at 6:33 AM, Nicholas N Chin a href="mailto:nnchin09@tpg.com.au" target="_blank">nnchin09@tpg.com.au> wrote:
Dear Lani:
I refer to your response email to me as indicated below where you imply that my human rights has been violated by the State of Western Australia in relation to ICPPR.
I should appreciate that you address article 2 of the ICPPR with regard to the duties and obligations of our Commonwealth Human Rights Commisioner to me as an Australian citizens, in terms of the following:
Article 2
1.Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2.Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps. in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3.Each State Party to the present Covenant undertakes:
1.To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; to ensure that any person claiming such a remedy shall have his rights thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
2.To ensure that the competent authorities shall enforce such remedies when granted.
Cheers
NICHOLAS N CHIN
On Tue, Feb 5, 2013 at 10:32 PM, Complaints Info
Dear Nicholas
I refer to your contact with the Commission regarding the State of Western Australia and the Legal Profession Complaints Committee.
The Australian Human Rights Commission has the power to investigate and conciliate complaints about:
discrimination because of a person’s race, sex, pregnancy, marital status, age or disability as well as sexual harassment in specific areas of public life, such as, employment, education, providing you with goods and services and accommodation;
racial hatred that takes place in public;
discrimination in employment because of a person’s criminal record, sexual preference, trade union activity, religion, political opinion or social origin; or
breaches of human rights by the Commonwealth of Australia or one of its agents only.
While I appreciate that this matter is important to you, it does not appear that the Commission’s Investigation and Conciliation Section can assist you with this matter as it does not appear to raise issues that fall within our laws.
If you have further questions, please advise via return email or call the Complaint Information Line on 1300 656 419.
Kind regards
Bethany Hender
Complaint Information Officer
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T 1300 656 419 F +61 2 9284 9611
E complaintsinfo@humanrights.gov.au W www.humanrights.gov.au
From: Nicholas N Chin nnchin1@gmail.com
Date: Wed, Feb 6, 2013 at 12:44 PM
Subject: Re: Contact with the Australian Human Rights Commisson [DLM=Sensitive:Personal]
To: Complaints Info complaints.info@humanrights.gov.au
Dear Ms Hender
I would appreciate if you would be kind enough to state specifically your statement of reason in relation to the United Nations International Covenant on Civil and Political Rights.
Cheers.
Nicholas N Chin
Sent from my iPad
IS THE STATE OF WESTERN AUSTRALIA AN AGENT OF THE COMMONWEALTH OF AUSTRALIA?
ReplyDelete
ReplyDelete---------- Forwarded message ----------
From: Nicholas N Chin
Date: Tue, Feb 19, 2013 at 7:10 AM
Subject: Re: Contact with the Australian Human Rights Commisson [DLM=Sensitive:Personal]
To: Complaints Info , Eddie Hwang
Dear Ms. Lani Westcott:
Is the State of Western Australia an agent of the Commonwealth of Australia for the purpose of establishing the fact that my human rights under the ICPPR has been violated by the former for which the latter is responsible and liable?
Cheers
NICHOLAS N CHIN
ReplyDeleteNON-JURISDICTION OF THE PRESIDENT OF HUMAN RIGHTS COMMISSION TO DEAL WITH MY COMPLAINT ABOUT AN INCOMPETENT JUDICIAL SYSTEM IN WA
Posted by Nicholas N Chin on February 20, 2013 at 8:19pm in Activism
View Discussions
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---------- Forwarded message ----------
From: Nicholas N Chin Date: Wed, Feb 20, 2013 at 6:09 PM Subject: Fwd: Contact with the Australian Human Rights Commission [DLM=Sensitive:Personal]
To: Complaints Info , Eddie Hwang
Dear Ms. Lani Wescott:
1. I refer you to your email below which implies that the President of the Human Rights Commission has no authority to deal with my Complaints against the Chief Executive Officer of the State of Western Australia with regard to provide me with a proper remedy by providing Australian Citizens with a competent judicial system in accordance with Article 2(3)(b) of the ICPPR of which Australia and State Parties are signatories (the Wrongful Implication).
2. The Wrongful Implication is reasonably clear to a discerning member of the public in terms of the following:
2.1. Section 4 (1) of the Australian Human Rights Commissioner Act, 1986 (Comm.) (the Act) states that it is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with it.
2.2. The Interpretation Section 3 of the Act defines:
2.2.1. "law" means a law of the Commonwealth, a law of a Territory or a law of a State;
2.2.2. "law of a State" means a State enactment or any other law in force in a State, other than a law of the Commonwealth.
3. In the premises, I would appreciate your kindness if you would elaborate on the "Wrongful Implication"of your email response to me dated 18.2.2013 at 9.18 pm and tell me that I am wrong in asserting that the President of the Human Rights Commission has jurisdiction to deal with my Complaint to it dated 6.2.2013.
4. I await your kindly response.
Cheers
NICHOLAS N CHIN
ReplyDeleteOn Mon, Feb 18, 2013 at 9:18 PM, Complaints Info wrote:
Dear Mr Chin
I refer to your further email.
Under the Australian Human Rights Commission Act 1986 (Cth) (AHRCA), the Commission can investigate alleged breaches of human rights against the Commonwealth of Australia or one of its agents. Human rights are specifically defined to include those rights as provided for in the international instruments scheduled or declared to the AHRCA, including International Covenant on Civil and Political Rights (ICCPR).
From the information you have provided, it does not appear the outlined situation would be covered by these human rights provisions as it does not involve the Commonwealth or one of its agents. Rather it appears your concerns are with the Western Australian Department of the Premier and Cabinet and the Western Australian Legal Profession Complaints Committee.
Kind regards
Lani Westcott
Complaint Information Officer
Australian Human Rights Commission
Level 3, 175 Pitt St, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T 1300 656 419 F +61 2 9284 9611
E complaintsinfo@humanrights.gov.au W www.humanrights.gov.au
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