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Prosecuting a Politician - Write a Writ of Mandamus to AEC?

Discussion in 'Other/General Law Forum' started by dickybeacholdalbion, 11 August 2015.

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  1. dickybeacholdalbion

    dickybeacholdalbion Active Member

    12 June 2014
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    First up a thank you to everyone who has put up with my past questions and helped me get where I am.

    I am trying to get a politician prosecuted for not complying with S44 of the Australian constitution.
    After an election two voters from the MPs electorate can go to the High Court, present a $500 guarantee and ask the Court of Disputed Returns to determine eligibility under S44 f the constitution. S44 is the one where MPs can only have Australian citizenship,no dual nationality or other citizenship.

    This has to happen within 40 days of the election being declared, after that S44 becomes a dead law until the next election. The Australian Electoral Commission have said they can not look at S44 or citizenship because it is not in their act to do so. The Australian Federal Police say they can not look at prosecuting for fraud because the AEC can not look at citizenship. I have letters from the board of the AEC saying they can't look and from the Commissioner of the AFP saying he can't either.

    A couple of professors of constitutional law have said there is nothing more can be done from a constitutional point of view. And someone who read my earlier questions mentioned writ of mandamus.

    So how is a writ of mandamus written? Queensland courts are pretty marvelous for the un-legal in having a form for just about everything, fill in the blanks, pay the fee and watch the judge go crazy. But not mandamus.

    Two ways it can be done, have Senator Ronaldson direct the AEC to examine eligibility under S44 of the constitution using the part of electoral act that the rules of the AEC apparently over rule. To perform such other functions as are conferred on it by or under any law of the Commonwealth." That is from section seven of the electoral act.

    Why the AEC can't prosecute or examine citizenship under that part of the act is beyond me, but the AEC chief legal officer and the Board of the AEC said it can't happen.

    The other way of doing a writ is directly to the AEC as a government body using the Administrative Decisions Jurisdictional Review act to get things done.

    So there you have it, any ideas on wording the writ of mandamus or do any of you work for a law firm that this might be treated pro bono?
  2. Therese

    Therese Well-Known Member

    11 October 2015
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    That sounds like a complex situation!

    My suggestion would be to get in contact with a local Legal Aid Centre - they may have a format to use for writing a mandamus or know where you could find it.

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