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Laws That Protect Victims - Not Paedophiles & Predators

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posted on Jan, 6 2014 @ 10:54 PM
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Laws that actually protect the victim and not the paedophiles and predators are what we need right now. As an adjunct Mandatory Reporters and any citizen who reports Child Abuse need protecting as well.


For those of you who already know about my journey this thread is for any and all suggestions - that I can include to bolster my case. I already have posts from the global internet community that I will be including in my defence. I am setting a precedent with the intention of showing cause to change/amend/create new laws.

For those of you who are not familiar with my journey - please read via the worldwideweb any thread or view youtube clips with the title: Powerful & Disturbing Child Abuse in 2013 or (Your) Child Is Not Safe - Here's Why.

This thread is essentially for any and all suggestions with regard to the current Child Protection legislation. I will share with you the legal basis that is being applied in an attempt to dismiss my case.

The legal representative for the respondent in my matter (the Catholic Church) wants the court to dismiss my case on these applications:

1. The application filed on 17 May 2013 is dismissed pursuant to sub-section 17A (2) of the Federal Circuit Court of Australia Act 1999 (Ch) and rule 13.10 (a) of the Federal Circuit Court Rules 2001, (Cth);
2. In the alternative to order 1, the Application filed on 17 May 2013 is dismissed rule 13.10 (c) of the Federal Circuit Court Rules 2001 (Cth);
3. The applicant in the proceedings pay the respondents costs of and incidental to the proceedings;
4. Such other order as the Honourable Court thinks appropriate.

Okay let's start with sub-section 17A (2)

The Federal Circuit Court of Australia may give judgement for one party against another in relation to the whole or any part of a proceeding if; (a) the first party is defending the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.

In short people - they have nothing with which to defend themselves against the evidence I have collated and compiled over the course of 2011, 2012, 2013 and continuing. The Catholic Church legal representative is just suggesting to the court I have no case. Keep in mind I compiled 245 pages of evidence to support a 10 page Statement of Claim. Those of you who are holding a copy of my Statement of Claim in trust - you will know better than most why I have every chance to succeed and not the opposite.

Now rule 13.10 (a)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that; (a) the party prosecuting the proceeding or claim for relief has no reasonable prospect of successfully prosecuting the proceeding or claim; or

Again people - no technicality here just the suggestion that I have no case. Again those of you who hold in trust on my behalf a copy of my Statement of Claim will know why this application has no basis.

And rule 13.10 (c)
The Court may order that a proceeding be stayed, or dismissed generally or in relation to any claim for relief in the proceeding, if the Court is satisfied that; (c) the proceeding or claim for relief is an abuse of the process of the Court.

Well people - this one goes nowhere. I am standing up for Children, have battled for three years and continuing, have eight A4 folders full of collated and carefully filed documents generated over 2011, 2012, 2013 and continuing - have filed and served 245 pages of evidence and am able to present the evidence in court to support my Statement of Claim.Can someone tell me how being organised - following the court administration and adhering to the current law is an abuse of the Court????

The pressure placed on me to pay costs has no effect on me now - it did at the beginning of the journey but now I view it as a process and as my life has been destroyed financially - for me paying costs is merely moot.

Such other order as the Honourable Court thinks is appropriate is an interesting addition and I will share with you what I discovered when I researched and studied the Federal Court Rules.

Federal Circuit Court Rules 2001 - Reg 1.06

Court may dispense with rules
(1) The Court may in the interests of justice dispense with compliance,or full compliance, with any of these Rules at any time.
(2) If, in a proceeding, the Court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the Court prevails in the proceeding.

Federal Circuit Court Rules 2001 - Reg 16.01

The Court may, at any stage in a proceeding on the application of a party, give any judgement or make any order even if the claim was not made in an originating process.

How fabulous are Reg 1.06 & 16.01 ???? These tell the reader that no matter what the Catholic Church legal representative suggest - as long as I present a rock solid impenetrable defence - the Court can support my case.

My aim is to set a precedent and show that the 'pattern' of destroying the life of a Mandatory Reporter is a violation of human rights . I want to create a law that states the Mandatory Reporter and/or conscientious citizen are to be protected from any human rights violation. That's to get you started. Please contribute to this thread - I will take every suggestion to the court with me on the 20th & 21st March 2014.

Thank you for your ongoing support. Much Peace - Amanda




posted on Jan, 6 2014 @ 11:26 PM
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reply to post by Amanda5
 


I am in U.S. so don't quite understand your laws.

This reminds me of the nonsense with that kid Aaron Swartz over him taking those articles off that university computer. Once certain groups decide to set out and destroy they will until your whole life is ate up in legal defense.

There should definitely be some type of law protecting mandated reporters. Maybe you could suggest that something similar to the good samaritan laws in the way this is set up to basically keep groups from going after mandated reporters much in the same way someone can't sue someone acting in good conscience(good samaritan laws).

That's what we call them here, maybe that kind of idea could help with what you're trying to do? Basically if someone is acting in good conscience they are immune.

I don't know but I wish you luck. I might be completely off base as well so correct me if I am wrong.

definitions.uslegal.com...


edit on 6-1-2014 by OrphanApology because: D



posted on Jan, 7 2014 @ 12:08 AM
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reply to post by Amanda5
 


I'm sure you've seen the wiki on mandated reporters, but here's the link just in case. link There may be something new 2013 in the References.

Amanda, I am fervently bombarding heaven to remove all obstacles in your path. It's the best I can offer since I know so little about legal things, but I will not let up. I hope others will also give priority to your cause in their prayers.



posted on Jan, 7 2014 @ 09:35 AM
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reply to post by Amanda5
 


...Do we really need more laws??
NO.
There are already too many laws on the books that no single person could ever know them all.
If you want to protect your children, pay attention to them or someone else will.
It truly is simple as that.



posted on Jan, 7 2014 @ 05:00 PM
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reply to post by OrphanApology
 


Thank you for your response and the Good Samaritan Law certainly makes sense. I am not sure it is that simple but the society we live in is no longer simple and seems to become increasingly complicated on a daily basis. I shall take your suggestion on board.

Much Peace...



posted on Jan, 7 2014 @ 05:06 PM
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reply to post by aboutface
 


Thank you for your suggestions and the link. I have learned on my three year journey that there are professionals who do not know whether they are Mandatory Reporters or not - I made note of this and will be relaying that fact to the current Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Medical professionals and Legal professionals are Mandatory Reporters along with many other professions so it was disconcerting to think a legal professional did not know their own legally mandated responsibility.

As for removing obstacles in my path - I know there is growing support for my journey and there are days when I swear I can feel the help I am receiving so thank you and know I feel the assistance. Thank you for standing with me.

Much Peace...



posted on Jan, 7 2014 @ 05:20 PM
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reply to post by g146541
 


Thank you for your response. I understand the logic to your thinking but I cannot help but wonder whether you realise that Children do not have a voice. A really young Child who has been sexually abused cannot tell you about it - yes you may need to watch out for the signs but by the time you realise what is happening the abuse could have been happening for a long time.

Part of the paedophile and predator behaviour is to make the abuse a 'secret' and that is exactly what happens. All I know is when a person who can speak and talk about any information relative to abuse - does exactly that - talks to an adult then the adult has a responsibility to forward that information. What I think you fail to understand is the person who reports the information is then destroyed - join the dots and you will soon realise that the laws that are in place are being circumvented.

Despite your logic and simple solution - the only way I can see to fight this battle is via the courts and failing that I will publish everything online - then the public can see for themselves just how unsafe their Children really are - I have the proof. The systems are not working - the people who care and stand up are destroyed and the public wonders why Child Abuse is on the rise and not the wane.

If I had travelled any other route I would not have made the impact I am currently making - the legal system is not complete - complex yes but only so people are afraid of utilising it. The other aspect is that of finance - unless you pay money hand over fist for legal representation you don't have a hope of having any legal issue addressed. Victims and the people who try to protect them need to be protected and right now they are not.

You can listen to the Children and make a difference in your way - as a point of interest how many have disclosed to you or alternatively how many times have you reported Child Abuse because you detected it??? I am listening to the victims and the message is loud and clear - society is not listening - not interested - courts are expensive - courts let paedophiles and predators off and back out into society even when they admit guilt!!!! I am listening and I am standing up for Children - they are completely vulnerable without adult protection.

Thanks for your response it is certainly an interesting response.

Much Peace...



posted on Jan, 7 2014 @ 06:33 PM
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reply to post by Amanda5
 



I admire and applaud you for what you have taken on, and wish you all the very

best in your endeavours. But I fear it is going to be more that an up hill battle

for you.


Unfortunately as in all things there are people in high places who have skeletons in

their cupboards, and it is within their own interests not to open 'Pandora's box' so

they cover each other backs....

The recent 'Jimmy Saville' case in the UK proves that. Reports to various 'high ranking

police authorities' were ignored, as was the reporting of those in charge in various

children's homes, and top hospitals. It has still not come out about how he had

private apartments and keys to well known hospitals and prisons (Broadmoor)

That type of deal would have to have been sanctioned by some one very high up.

Then for hundreds of years catholic children have been the 'personal perks' for

celibate priests, and when discovered they were never defrocked or punished ....

just quietly moved on to another parish where they were free to carry on!! Again

those decisions would have been made from much higher up the ladder.


Again I wish you well in your endeavour, and although I am far away and not au fait

with the law if there is anything I can help you with? I am more than willing and able.



posted on Jan, 7 2014 @ 07:26 PM
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reply to post by eletheia
 


Thank you - you have already helped by responding within this thread. I have travelled the journey via the administrative systems that are in place. I have made it to the highest court in Australia - albeit the court of Human Rights. Federal Court is where laws are made and changed and so it would seem I have landed exactly where I need to be. I did not plan to land in Federal Court all I did was follow the admin systems and this is where I was led.

I have evidence and I can support my case. Should it all fall apart then I will simply upload everything to the worldwideweb and should I be hauled back into court for libel or any other relevant charge - I will shake their hand and thank them for the opportunity to be back in court.

Somewhere inside of me I feel it is time for someone to break through the ranks of those who would sooner protect a paedophile/predator than a victim. Whether it is someone else or whether it is me I feel obliged to continue my journey as I cannot walk away from Children.

Thank you for your support. I receive it gratefully. Much Peace...



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