SA ICAC And Parliament Conspire To Persecute Nick Fletcher

Howdy y'all in Sweden, Poland, Ireland, and Turkey, and of course here in Oz...as per recent posts, I know that I directed y'all to read this stuff from SA Parliament's Hansard (official recording of proceedings) if y'all wanted to, but I reckon it deserves a little dissecting courtesy of moi...(well it really does appear to be 'about you', so why shouldn't you have a bit of a go at it?-Ed)...yeah, fair enough, there is always the remote possibility that it's not just about trying to get me, a possibility that there is some other ICAC and/or SAPol and/or whoev's investigation or process that this 'Amendment' relates to...(really? you really believe that?-Ed)...no, I'm saying it's a possibility, but what I absolutely believe is that this 'Amendment' is/was exactly about me and/or relates to me and this 'ere blog and the combined ICAC/Parliament/SAPol attempt to persecute/prosecute me for doing this 'ere blog...

And a quick self-contradiction in that it's not just about me...(whaaa?-Ed)...well it looks like it is, and most certainly from where I'm standing it absolutely looks exactly like it's all about me...(and fair enough-Ed)...and it is likely about me because of stuff I've done and/or written on this 'ere blog, etc, etc, all that stuff is absolutely relevant, but ultimately I just happen to be the bunny in this particular set of 'legal' headlights..(a bunny doing a most excellent impersonation of a guinea-pig-Ed)...well indeed, I'm pretty much a 'legal guinea-pig' with regard to the ICAC Section 56 stuff...  

Regardless of whatever else is or isn't happening with ICAC/SAPol/Parliament at this time (October 2014), this proposed 'Amendment' directly addresses the issues raised by my Leagle Eagles at the (then) South East Community Legal Service, issues often pointed-out/raised by me with my Leagles and then put officially in writing by SECLS to My New Bestie And Also In His Spare Time ICAC Commissioner Bruce Lander...I'll dig those out and post next time...(is that where SECLS write asking Bruce mate to explain his precious shreckin' ICAC Act 2012, including such classics as 'hey, are we even allowed to talk to this guy even though he hasn't been charged with anything yet?'-Ed)...yeah yeah, all that hilarious stuff, exactly like that, like, is a lawyer allowed to discuss 'ICAC Stuff' with their client, even if their client hasn't actually been charged with anything yet?...

I pointed that out to my Leagles at my first appointment with them after SAPol Anti-Corruption Branch raided my home on May 7th/8th 2014...I took the copy of the ICAC Act 2012 Section 56 that SAPol had provided me that day, took that to SECLS, and then SECLS took my question, 'are you lawyer types even allowed to talk to me, because that seems to say you aren't, even though I ain't been charged', etc, etc, and SECLS listened to my questions, looked at the ICAC Act 2012, and then felt compelled to write to Comm Bruce Lander asking for specific clarification/definition...Bruce mate...(maaate-Ed)...responded in deeply facetious tones, stating 'you're his Leagles, you explain it to him', which necessitated a second letter of enquiry from SECLS, which finally generated the now notorious 'Bruce's Official Authorisation' letter that allows me to talk to a lawyer and/or a doctor and/or even my own family...

The ICAC Act 2012 meant that even though I hadn't been charged with anything yet (July 2014), I still needed written 'Authorisation' to even speak to a lawyer, a doctor, or even to my own family.    

So, dear availees, here's a chunk a' Hansard that I've pasted directly across, a chunk that exquisitely explains exactly what's happening with the South Australian ICAC/Parliament collusion as it pertains to the Pro-Paedophile Political Persecution of Nick Fletcher...(yay-Ed)...so here's my mate li'l Johnny Rau, in Parliament 29th October 2014, furiously dog-whistling to all the Pro-Paedophile Politicians in the SA Parliament...*** 

Independent Commissioner Against Corruption (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU ( Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations) (12:02): Obtained leave and introduced a bill for an act to amend the Independent Commissioner Against Corruption Act 2012; and to make related amendments to the Criminal Investigation (Covert Operations) Act 2009 and the Crown Proceedings Act 1992. Read a first time.

Second Reading

The Hon. J.R. RAU ( Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations) (12:03): I move:

That this bill be now read a second time.

This bill amends the Independent Commissioner Against Corruption Act 2012. The amendments are made in response to specific requests from the commissioner to clarify some provisions and to facilitate some operational aspects of the legislation. This bill should not be seen as an opportunity to re-agitate the introduction of the 'reality TV' model of ICAC operating in New South Wales. The government would rather lose this bill than permit such an outcome.

The commissioner has urged the passage of this bill, in its current construction, as a matter of urgency. The commissioner has had the benefit of 12 months of operational experience with this legislation, so it is timely and appropriate to make amendments that will refine and improve some areas of the act. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

***...please note dear availees, the self-perpetuating, mutually-aggrandising language used by li'l Johnny Rau, 'this is really important because Bruce says so, and Bruce is like just so imports, and I'm doing Bruce's bidding so I'm like totes imports as well', etc, etc...(stop being so facetiously picky-Ed)...but it's true! he's trying to puff as much importance as possible into himself, Bruce, and this 'Amendment'...

To Facilitate Some Operational Aspects:...is li'l Johnny-speak for 'we need to do this to be able to go get that dirty hippy Nick Fletcher because our ICAC Act 2012 is a farcically undefined Fascist joke'...(and don't forget that first bit, 'Clarify Some Provisions'-Ed)...indeed, or 'Amendments That Will Refine And Improve', etc, it's all the same animal, its all stating that 'we need to change/define the ICAC Act', in a manner that directly addresses Nick Fletcher's enquiries and 'Charges'/'Trial'/'Persecution'...and of course, li'l Johnny is desperately keen to belittle the (original) New South Wales ICAC that held open hearings that led to the resignations and/or gaoling of multiple senior NSW politicians like Premier Barry O'Farrell...(yeah, who wants a publicly accountable process that actually has definable results?-Ed)...well certainly not the SA Parliament or ICAC!...but anyhoos, back to li'l Johnny...***
 

Most importantly, the Bill will clarify the confidentiality provisions of the Act. It is fundamental to the operation of the Act that information provided to the Commissioner and the Office for Public Integrity is dealt with on a strictly confidential basis. However, the confidentiality requirements of the Act have made administration of the Act difficult for the Commissioner and the OPI and has caused some confusion for inquiry agencies, public authorities and public officers. Two areas of the Act will be amended to address this. First, the Bill amends the definition of 'publish' because upon a broad interpretation of that definition, information could not be communicated person to person. The intention, which is to prevent information becoming public, will be clarified by the new definition of 'publish', consistent with the definition of 'publish' in the Evidence Act 1929 where the emphasis is on communication to the public. The second amendment to clarify the confidentiality provisions will simplify sections 54(1) and (2) to remove any doubt about when information can be disclosed without the Commissioner's authorisation.

***...and there you have it, 'Confidentiality Requirements Of The Act Have Made Administration Difficult...And Has Caused Some Confusion', followed by a very tortuous attempt to prop-up this 'Amendment' by saying this is in response to confusion within Public Officers, etc, and how it will 'clarify' and is 'consistent' with previous legislation, etc, but it doesn't mention either private citizens and/or lawyers...this is a deliberate act of Plausible Deniability on multiple levels, eg, by identifying only 'Public Officials' he deliberately continues that deceit, not acknowledging that Private Citizens in SA are subject to ICAC legislation, whilst simultaneously not identifying that there is a 'live/current matter' that involves this specific 'Clarification', namely me, whilst also ignoring/deleting/omitting that 'Person To Person' also includes a lawyer speaking to their ICAC-'Charged' client...(or as in your case, with a client who hasn't even been 'Charged' with anything yet!-Ed)...well indeed...but back to Johnny...*** 
 

The Bill will also amend a number of other provisions to put the intent beyond doubt. These include inserting a new subsection into section 14 of the Act to clarify that police officers, whilst seconded to assist the Commissioner, retain their full police powers and new definitions of 'private place' and 'private vehicle' to make clear what was intended as to who has the authority to issue such warrants. The Bill will also amend section 36 to make it clear that the Commissioner may disclose to the relevant law enforcement agency or public authority information that the Commissioner has in respect of a matter. The amendment will also enable the Commissioner to issue directions and guidance to a public authority on a referral under section 36.

***...and here I've skipped the actual mention of the various 'Amendments', and gone through to the closing comments...if y'all want to read this 'Amendments' bit, please just check the Hansard...herrrrre's Johnny...***

The Bill will also amend the Criminal Investigation (Cover Operations) Act 2009 to allow for an ICAC investigator to apply to the Commissioner to approve undercover operations for the purpose of an investigation under the ICAC Act and will amend the Crown Proceedings Act 1992 to remove the requirement for an examiner to give notice to the Crown Solicitor before issuing a summons to a Minister of the Crown to appear at an examination. Under the Crown Proceedings Act no subpoena or other process may be issued requiring a Minister of the Crown to appear, in the Minister's official capacity, to give evidence, or to produce documents, without the permission of the court, tribunal or other authority and permission may be granted only after the Crown Solicitor has been given reasonable notice in writing of the application for the subpoena or other process and a reasonable opportunity to be heard on the application. Clearly this process does not transfer comfortably into the examination process, where the summons for an examination is issued only for the purposes of an investigation into corruption in public administration where there are no parties, and the examination is conducted in private.

Finally, the Bill will amend Schedules 1 and 2 of the Act. The reference to employees under the Technical and Further Education Act 1975 will be removed from Schedule 1 because, as a resu lt of the enactment of the TAFE  Act SA 2012, which came into operation after the commencement of the relevant sections of the ICAC Act, these officers are now covered 'in the Schedule by reference to' an officer or employee of a statutory authority or statutory office holder and clause 3(9) of Schedule 2 will be amended to clarify the nature of the confidentiality orders that can be made by an examiner in relation to evidence or information given or received during an examination.

The Commissioner's well considered comments and suggestions have resulted in a set of amendments that will fine tune what has already proved to be a very successful legislative scheme.

I commend the bill to members.

***...and that last bit's a bit off-topic, but there it is, the debate/statement from Labor's Attorney General John Rau...(wow-Ed)...indeed, and just to put it all in it's correct chronological context, here's a coupla' brief quotes from my Leagle's letters to ICAC Comm Bruce Lander, letters that irrefutably generated these 'Clarifications'...from the first letter, South East Community Legal Service, to Bruce Lander, 2nd July 2014,
     "There has not been any judicial consideration of Section 56 as yet and I note that the
       important term 'published' has not been defined within the act...a great deal of uncertainty
       about what can and cannot legally be published...What are the limits of this prohibition? Is
       he entitled to talk to his family and friends so that he can gain their support in relation to his
       investigation and is he allowed to talk to a lawyer for the purpose of legal advice and
       assistance?..."

Now that's a coupla' paragraphs crammed together, but it's all there, particularly the bit about needing permission to speak to a lawyer...(wow-Ed)...and here's a bitta' Bruce's response of 14th July 2014?...
     "I am also unable to give legal advice and therefore cannot answer the questions that you
      have raised in your letter.
      I think they are matters that Mr Fletcher must consider upon advice given to him by you."
...that's just the end bit, but deadset, my Leagles have to write to Bruce asking for basic clarification of fundamentally important but obviously undefined and even problematic aspects of the ICAC Act 2012, in this the Precedent Prosecution of said Act, and he facetiously writes back, 'you're his lawyer, you figure it out and tell him'...and by necessity, this ludicrous response generated a second letter at my behest and on my behalf, from SECLS, to Bruce, 18th July 2014, namely...
     "The term publication is not clearly defined within the Act and at this stage there is no case
       law that sheds light on this term."
...and goes on to discuss Mt Gambier City Council putting the whole 'ICAC Investigation/Exoneration of MGCC' on their website and therefore into the public domain, etc, so does that mean I can 'publish'? etc...

I'll post these letters in their entirety later this arvo 'cos they're a bit long with all this Hansard stuff, but there it is, again...in mid-February 2014 ICAC Comm Lander unilaterally referred me directly to SAPol (police), without going through any of the requisite processes within his own ICAC/OPI, and then supposedly directly to SAPol not to the Director of Public Prosecutions, etc, then SAPol Anti-Corruption Branch raided my home on 7th/8th May 2014, etc...that led to several discussions between me and SECLS's Leagles, meaning that in July 2014 my SECLS Leagles were asking specific questions of ICAC Comm Lander about 'Publish' and then ICAC Comm Lander has got his li'l mate AG Johnny Rau to shove that exact stuff through SA Parliament in October/November 2014, and then I'm on 'Trial' on 3rd February 2015, without actually being 'Charged' or even Summonsed...

No apologies for a complete lack of attempt at humour, nor that tomorrow we'll be running over the same old ground, but it is absolutely critical to my 'Trial'...(and in a broader sense, it's a fundamental indictment of the rank corruption and collusion operating between South Australia's rankly corrupt Pro-Paedophile Labor Party and it's Political Tool, the SA ICAC, a rankly Fascist ICAC endorsed by a fundamentally rancid SA Parliament-Ed)...well of course, there is that, but I was referring specifically to SAPol's repeated attempts to 'go around' the issue of me not being 'Charged'...(you mean those times that SAPol Prosecution's Batten and SAPol's Lead Investigator Gardner lied in Court (March 2017) that you'd been charged 17th/18th December 2017?-Ed)...no no, not those lies, the stuff where-in SAPol, particularly Gardner, tried to say that I had been 'reported' back in May 2014, when they raided my home, etc, said they didn't know what it was about (the copy of the ICAC Act they showed me), and said, 'we're just here to collect evidence on behalf of the DPP'...

I know we've been over this frequently recently, but what can I say, it's been an extraordinary coupla' weeks of watching public exposure of the rank corruption of Local Government non-accountability, particularly the extraordinary Mayor Lee stuff, whilst simultaneously 'existing' through my own 'Trial' stuff, eg, what we're discussing right now, changing legislation to come get me, etc, as we all furiously Freakshow Freight Train toward the March 2018 State Election...(sweet baby cheeses-Ed)...
     
Tomorrow: Plodding Down This Same Path To Nowhere

I am Nick Fletcher and this is my blog...cheers and laters...