78B

NOTICE OF CONSTITUTIONAL MATTERS UNDER SECTION 78B OF THE JUDICIARY ACT 1903

FORM 69 Order 73, rule (l) IN THE FAMILY COURT OF AUSTRALIA No. AD5409 of 1989

ADELAIDE REGISTRY                                                               at 9:30am Wednesday
                                                                                                      31st March 1999
between
        CHARLES RICHARD WATSON.                                       Applicant/Plaintiff
and
        GEORGE PALMER BLAKE.                                               Respondent

NOTICE OF CONSTITUTIONAL MATTERS

1.     I, CHARLES RICHARD WATSON, of 35 Whitmore Square Adelaide
        in the State of South Australia, Computer Scientist,
        GIVE NOTICE that the above proceedings involve matters arising under
        The CONSTITUTION or involving its INTERPRETATION within the
        meaning of Section 78B of the Judiciary Act 1903.

2.     The specific nature of the matter:

2.1   I, Charles Richard Watson, am the father of
                  Jeremy born on the 7th day of April 1982,
                  Helen born on the 17th day of March 1985 and
                  Sasha born on the 22nd day of January 1987.

2.2   On the 18th day of November 1991 Dr. George Palmer Blake examined Amy
        at the Flinders Medical Centre. He concluded there was
                “physical evidence for previous interference”.

2.3   Subsequent actions by the South Australian authorities have denied the children
        contact with their father.

2.4   The following medical practitioners have inter alia reviewed Dr Blake’s reports:
             a. Dr. Felicity Goodyear-Smith.
             b. Dr. Terry Donald (Child Protection Unit).
             c. Professor David Muram.

2.5 It is clear that a reasonable and competent medical practitioner would not have
reached Dr. Blake’s conclusion.

2.6   Doctor Blake is now identified as the paediatrician in:
                http://www.geocities.com/CapitolHill/Lobby/7077/WATSON.HTM

2.7   The Honourable Justice Dawe on the 31st day of August 1998 made ex parte
        Orders preventing further institution of proceedings without first obtaining leave
        of the court. An application with affidavit to seek such leave will be heard in the
        Family Court of Australia, 25 Grenfell Street, ADELAIDE at 9:30am on
        Monday 4th January 1999.

3.    The constitutional interrogatories which arise:

3.1 Should the principles of section 43 of the FAMILY LAW ACT 1975
be applied by courts exercising jurisdiction under the act?

3.2 Are child protection workers compellable?

3.3 Does the right to trial by jury apply to allegations of intrafamilial abuse?

3.4 Does the statutory immunity enjoyed by child protection workers extend to
criminal acts of falsifying evidence, perjury, and disobeying a subpoena?

3.5 Did Mrs. Briginshaw commit adultery?

4.    The matter is one to which Section 78B of the Judiciary Act 1903 applies.

4.1   The CHILDREN'S PROTECTION ACT 1993 - SECT 62 provides
        protection from liability to persons engaged in the administration of this Act.
        62. (1) A person engaged in the administration of this Act incurs no liability
        for an honest act or omission in the exercise or discharge, or purported
        exercise or discharge by the person or by a body of which he or she is a
        member, of a power, function or duty under this Act.
        (2) A liability that would, but for subsection (1), lie against a person lies
        instead against the Crown.

4.2 Australian Acts are interpreted by the ACTS INTERPRETATION ACT 1901 .

4.3 Every person is competent and compellable to give evidence.
       EVIDENCE ACT 1995 - SECT 12 : Except as otherwise provided by this Act:
            (a) every person is competent to give evidence; and
            (b) a person who is competent to give evidence about a fact is compellable
                   to give that evidence.

4.4 Fabricating evidence is a crime. CRIMES ACT 1914 - SECT 36 :
       Any person who, with intent to mislead any tribunal in any judicial proceeding:
           (a) fabricates evidence; or
           (b) knowingly makes use of fabricated evidence;
        shall be guilty of an offence. Penalty: Imprisonment for 5 years.

4.5 Giving false testimony is a crime. CRIMES ACT 1914 - SECT 35
        (1) Any person who, in any judicial proceeding, or for the purpose of
        instituting any judicial proceeding, knowingly gives false testimony touching
        any matter, material in that proceeding, shall be guilty of an indictable
        offence. Penalty: Imprisonment for 5 years.
        (2) For the purpose of this section it is immaterial whether the testimony was
        given on oath or not on oath, or was given orally or in writing, or whether
        the court or tribunal to which it was given was properly constituted or was
        held in the proper place, or whether the person who gave the testimony was a
        competent witness or not, or whether the testimony was admissible or not.

4.6   Parliament has the power to define jurisdiction
        THE CONSTITUTION - CHAPTER III SECT 77
        With respect to any of the matters mentioned in the last two sections the
        Parliament may make laws-
        (i) Defining the jurisdiction of any federal court other than the High Court:
        (ii) Defining the extent to which the jurisdiction of any federal court shall be
        exclusive of that which belongs to or is invested in the courts of the States:
        (iii) Investing any court of a State with federal jurisdiction.

4.7   Trial by jury is guaranteed by THE CONSTITUTION - CHAPTER III SECT 80
        The trial on indictment of any offence against any law of the Commonwealth
        shall be by jury, and every such trial shall be held in the State where the
        offence was committed, and if the offence was not committed within any State
        the trial shall be held at such place or places as the Parliament prescribes.

4.8   Commonwealth law prevails. THE CONSTITUTION - CHAPTER V SECT 109
        When a law of a State is inconsistent with a law of the Commonwealth, the
        latter shall prevail, and the former shall, to the extent of the
        inconsistency, be invalid.

4.9   Section 43(d) of the Family Law Act states that,
       "the Family Court shall, in the exercise of its jurisdiction under this Act, have
        regard to: the means available for assisting parties to a marriage to consider
        reconciliation or the improvement of their relationship to each other and to
        their children."

4.10 Section 60B. (2) of the Family Law Act states that,
       "except when it is or would be contrary to a child's best interests:
        (a) children have the right to know and be cared for by both their parents,
        regardless of whether their parents are married, separated, have never married
        or have never lived together; and
        (b) children have a right of contact, on a regular basis, with both their parents
        and with other people significant to their care, welfare and development; and
        (c) parents share duties and responsibilities concerning the care, welfare and
        development of their children; and
        (d) parents should agree about the future parenting of their children."

4.11 Section 68F(2)(a) of the Family Law Act states that,
       "in determining what is in the child's best interests, the court must consider:
        any wishes expressed by the child and any factors (such as the child's maturity
        or level of understanding) that the court thinks are relevant to the weight it should
        give to the child's wishes".
        The children in these proceedings have consistently expressed their wish to spend
        time with their father, and to visit their family in New Zealand.

4.12 Article 7 paragraph 1. of the United Nations Convention on the Rights of the Child
affirms the child's right to know and be cared for by his or her parents.

4.13 Article 14 of the International Covenant on Civil and Political Rights states in:
        paragraph 2 : "Everyone charged with a criminal offence shall have the right to
        be presumed innocent until proved guilty according to law."
        paragraph 3 (c) : "In the determination of any criminal charge against him,
        everyone shall be entitled to the following minimum guarantees, in full equality:
            ... To be tried without undue delay;"
        After 7 years the allegations have not been adjudicated upon.

4.14 Article 23 paragraph 1. of the International Covenant on Civil and Political Rights
        states that : "The family is the natural and fundamental group unit of society
        and is entitled to protection by society and the State."

Dated the   7th day of   December 1998.

Charles Richard Watson

The hypertext version of this Notice can be found at
http://www.geocities.com/CapitolHill/Lobby/7077/78B.html

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