I was privileged to encounter (and share a telegram group with) the man I consider to be an absolute national treasure for Australia.
Darryl O'Bryan
https://www.youtube.com/watch?v=0vEnunZT_xA
Sadly, there is not much material of his stuff on the Greater Web. A plumber by profession (trade), he knows the Australian Constitution back and forth and case law to back that up.
Where he stands out for me is that his approach is 100% practicality focused, about achieving desired outcomes via the law.
It's clear that there are a LOT of people with a BIT of knowledge and understanding of the law (common law, civil law) and the roots, etc, but they get into hot water because their focus is about sticking it to the system rather than making the system work for them.
O'Bryan's track record speaks for itself. The courts and the system are shit scared of him, because he knows what they are and how much fraud they conduct.
Daryl is apparently part of a group has made a lot of inroads in popularizing awareness in this area:
https://www.knowyourrightsgroup.com.au/
KYR have (apparently) been out there in this area for more than a decade. They gather interest (I guess) primarily using a very good angle: how this all impacts on "me and my $".
Their main face is about learning to stop paying fines, etc, and they sell information products, but feedback seems good.
The astonishing thing is, that the Australian constitution is actually a very powerful document, that places the Australian people in the sovereign position. Amazingly, this was done as an act of the British Parliament, who, for the first time in their entire history, handed over their sovereign power to the people's of Australia.
Last year, I had two opportunities to benefit from Daryl's advice. One, I had a parking ticket from a local council (our local councils are the pseudo (and non-constitutional) 3rd tier of government, aka 'local government' that manage the various "municipal cities" in the urban city areas. Two, I had a speeding ticket issued around midnight in an industrial area street where there were NO other vehicles, but I exceeded the prescribed limit (in my ignorance).
We know that by and large most fines are not legal (or lawful) in Australia because the constitution prescribes that only a court can issue a fine on the basis of a conviction. But our police, councils, and other bodies issue fines via tickets willy nilly, and people just pay them.
Moreover, under the constitution, only vehicles being used for commercial purposes are required to be registered.
As Daryl explained, a ticket from one of these bodies is essentially an invitation to contract. Accept and pay the ticket, and you enter the contract. However, under Section 42 of Australian consumer law, no person (!) is liable for unsolicited services supplied to them.
At Daryl's advice, I wrote a letter to the council, returning their "Penalty reminder notice", and reminded them of the Aust. Consumer Law, that I did not request or solicit any arrangement with their corporation (!) for services related to my use of my private vehicle for private, non-commercial use on a public roadway.
I further told them
Accordingly, your invitation to engage in this matter is unsolicited. If you take appropriate steps to rescind your invitation to treat, I will be happy to drop the matter without further recourse.
Any failure on your part to withdraw your invitation to treat indicated in the “Penalty Reminder Notice” resulting in me being required to take further steps to prove the unsolicited nature of your proffered services may incur a fee.
They wrote back, and said blah blah blah, this vehicle [reg] was observed in a taxi zone at X time, this is considered a breach of the Road Safety Rules 2017.
"After due consideration of the circumstances outlined in your correspondence, we have decided to withdraw the infringement notice, and we intend to take no further action, consider the matter finalized."
So, basically, they said yeah, well, you broke the rules, but, um, ah, er, um, we're dropping the matter, because (the implication is "your position is unassailable").
Did they just not want to take it to court?
The more and more people that stand up to them, the less and less power they have.
The law serves us, not them. They only do what they do because of fraud.
The feeling of empowerment that comes with such a result is immeasurable. Even though its a tiny silly parking ticket.
Thanks for your reply, and feedback!!!
Cc: u/MAG768720
I was privileged to encounter (and share a telegram group with) the man I consider to be an absolute national treasure for Australia.
Darryl O'Bryan
https://www.youtube.com/watch?v=0vEnunZT_xA
Sadly, there is not much material of his stuff on the Greater Web. A plumber by profession (trade), he knows the Australian Constitution back and forth and case law to back that up.
Where he stands out for me is that his approach is 100% practicality focused, about achieving desired outcomes via the law.
It's clear that there are a LOT of people with a BIT of knowledge and understanding of the law (common law, civil law) and the roots, etc, but they get into hot water because their focus is about sticking it to the system rather than making the system work for them.
O'Bryan's track record speaks for itself. The courts and the system are shit scared of him, because he knows what they are and how much fraud they conduct.
Daryl is apparently part of a group has made a lot of inroads in popularizing awareness in this area:
https://www.knowyourrightsgroup.com.au/
KYR have (apparently) been out there in this area for more than a decade. They gather interest (I guess) primarily using a very good angle: how this all impacts on "me and my $".
Their main face is about learning to stop paying fines, etc, and they sell information products, but feedback seems good.
The astonishing thing is, that the Australian constitution is actually a very powerful document, that places the Australian people in the sovereign position. Amazingly, this was done as an act of the British Parliament, who, for the first time in their entire history, handed over their sovereign power to the people's of Australia.
Last year, I had two opportunities to benefit from Daryl's advice. One, I had a parking ticket from a local council (our local councils are the pseudo (and non-constitutional) 3rd tier of government, aka 'local government' that manage the various "municipal cities" in the urban city areas. Two, I had a speeding ticket issued around midnight in an industrial area street where there were NO other vehicles, but I exceeded the prescribed limit (in my ignorance).
We know that by and large most fines are not legal (or lawful) in Australia because the constitution prescribes that only a court can issue a fine on the basis of a conviction. But our police, councils, and other bodies issue fines via tickets willy nilly, and people just pay them.
Moreover, under the constitution, only vehicles being used for commercial purposes are required to be registered.
As Daryl explained, a ticket from one of these bodies is essentially an invitation to contract. Accept and pay the ticket, and you enter the contract. However, under Section 42 of Australian consumer law, no person (!) is liable for unsolicited services supplied to them.
At Daryl's advice, I wrote a letter to the council, returning their "Penalty reminder notice", and reminded them of the Aust. Consumer Law, that I did not request or solicit any arrangement with their corporation (!) for services related to my use of my private vehicle for private, non-commercial use on a public roadway.
I further told them
Accordingly, your invitation to engage in this matter is unsolicited. If you take appropriate steps to rescind your invitation to treat, I will be happy to drop the matter without further recourse.
Any failure on your part to withdraw your invitation to treat indicated in the “Penalty Reminder Notice” resulting in me being required to take further steps to prove the unsolicited nature of your proffered services may incur a fee.
They wrote back, and said blah blah blah, this vehicle [reg] was observed in a taxi zone at X time, this is considered a breach of the Road Safety Rules 2017.
"After due consideration of the circumstances outlined in your correspondence, we have decided to withdraw the infringement notice, and we intend to take no further action, consider the matter finalized."
So, basically, they said yeah, well, you broke the rules, but, um, ah, er, um, we're dropping the matter, because (the implication is "your position is unassailable").
Did they just not want to take it to court?
The more and more people that stand up to them, the less and less power they have.
The law serves us, not them. They only do what they do because of fraud.
The feeling of empowerment that comes with such a result is immeasurable. Even though its a tiny silly parking ticket.
Thanks for your reply, and feedback!!!