The main elements of the proposed Article 3 Commonwealth legislation are:
(A) Security of person may only be achieved in many instances through self-preservation as the police cannot be everywhere to protect everyone;
(B) There exist, Australian citizens of good character, that in specific circumstances should be permitted to possess a regulated weapon under secure and responsible management;
(C) A permit-issue should be considered on the balance of probability that life or lives will be preserved in the event of a grievous attack upon the innocent; and
(D) The primary functions of POL-CPA are to create codes of practice and develop policies and procedures with regard to the following:
permitted applicant criteria;
approved security training;
wellness care and attention; and
the administration and revision of legislation.
Draft Provisions (applicant criteria):
(C) Under the proposed Preservation of Life – Community Protection Act 2020 a person may be eligible to be issued a permit of possession for a regulated weapon if on the balance of probability that life or lives will be preserved in the event of a grievous attack upon the innocent given the circumstances stated by the Applicant.
Section D sub-section 1:
Before being issued a permit of possession an applicant must pass background checks which consider criminal, mental, addiction and domestic violence records.
The two aspects of the permitted applicant criteria are:
(1) consideration of the nature of any mental illness when associated with a hospital, mental institute, psychiatric clinic or otherwise when a person was confined because it was reasonable to say that violence or threatened or attempted violence on the part of the person against any other person has occurred; or
(2) has an established history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
It is to be noted that violence used in the above context does not include justified violence with regard to a matter of self-defense, a lawful arrest, or similar situations authorized under legislation.
### Your comments and feedback on the above-appreciated ####
(1) Hannah Clarke’s desperate texts for help just days before her estranged husband burned her and their three children alive are revealed:• Rowan Charles Baxter was subject to a domestic violence protection order• But his estranged wife told friends she was worried it wouldn’t protect her• In a desperate text, she explained that the DVO had been watered down• She was to be murdered by Baxter, along with her three kids, just days later.
(2) Queensland’s Opposition response on the spot DV tickets.
Many years ago…
my partner and I were faced with a very similar situation to the outcome of the above.
A man late at night drove into the Tewantin service station, parked next to the petrol bowsers, and fuelled up a small jerry can. He then went to the cashier and calmly paid for his petrol and said, “Ring the police”.The attendant replied, “Why?” and he said, “You will see why shortly.”
He went back and opened the back door of his car and there were three small sleeping children.
.He then held a zippo lighter in one hand and fuel container in the other to demonstrate that he was going to pour petrol over him and his children.
The cashier rang the police.
Tewantin in those days was a quiet country town and we arrived, just the two of us. There was just the cashier, the man, the three children and us at midnight.I parked the police car about 40m away on purpose as we discussed what we were going to do before arriving.
As I was qualified to use a Mini-14, I remained in the dark out of sight while my partner unarmed walked across the road up to the man to talk to him.
As he walked across the road, I quietly chambered the weapon and lent over the boot of the police car and aimed the rifle at the man.
By agreement with my partner, if he was to throw his hands up in the air and I had a clear shot, I was to take it, but only if he signaled me. I am not sure how long we were there with my partner talking to him.
I had a clear view and could have taken the shot at any time, however, his life regardless of his irrational state is a life worth saving on face value knowing nothing of his character or history. You might say he was temporarily insane.
Peter H[…] talked to him for a long time and eventually, he put the fuel container down and handed him the litter. We quietly took him into custody, his wife who had left the family home days ago was telephoned and she came and got their children.
We then took him to the Nambour hospital where he was admitted to mental health as a care and control patient. No one in their right mind harms their children.
Whilst I understand that the lady politician wants to prevent another Hannah Clarke story from happening again a DVO on-the-spot ticket is worthless.
The only value it may have is to an insane person with a zippo would be to light a fire.
The police are too busy to properly deal with domestic violence. They are there just to keep the peace and once they have done what was needed at that time, they are gone onto the next job.
You can have all the DVO paperwork and court appearances you want but at the end of the day, a proper assessment is required to determine if the situation is one of Clarke or one as described in our encounter midnight at the Tewantin service station.
The man Clarke wouldn’t have asked a service station cashier to ring the police, he would have just used the zipper to light the on-the-spot DVO ticket to ignite horror.
Those that cry out help in a desperate demonstration, on the other hand, may carelessly harm their children or a less-concerned-for his life cop might put a round or two in him?
A different approach is needed in dealing with domestic violence as posted below. An approach that does not change what the police are currently doing, however, is a valuable addendum to preserve life.
Please read the above post for context first…
Hannah Clarke and situations like this, the alternative approach to domestic violence:
Those that have been with us at this site will remember Jane Q Public the former Victorian police officer and now Florist that occasionally does pro-bono security work under the direction of the managing director of the not-for-profit security firm.
Her Director calls her at the florist shop and asks if she might meet with a lady that has a serious domestic issue that has a very real possibility of becoming ugly and perhaps dangerous.
Jane who has completed the approved security and counseling training agrees to meet the lady and discusses with her the options.
The police have already issued a DVO, however, there are gaps in this type of protection and Jane as a former police officer is pleased to be of assistance.
Now under State based law, it is illegal to hire armed bodyguards, although if you are a high-profile politician you can have the protection of the armed police at public events. But the lady in our scenario does not have that privilege.
She can call the police and they will come, however, if there is something in particular that needs to be done that makes her feel vulnerable the police won’t accompany her. She is just another person, one of many with a DVO.
This is particularly so with the proposed on-the-spot DV tickets that get handed out on a regular basis from a noise complaint to situations that actually may benefit from one. Just too many DVO tickets have been issued.
One ticket happy cop hands them out like confetti.
The concerned lady asked Jane to accompany her to pick up the children from school and take them to the new house that her partner does not know the address of. Her managing director instructs Jane to always carry with her the 38-cal. a revolver that she has a permit of possession to conceal on her person.
Jane hands the lady a portable 2-way radio. She followers the lady in her own car to and from the school for the next few days until an arrangement can be made to move the entire family to another State.
The man that she is running from has a long history of violence not only to the lady but others in the community.
The furniture removals finally arrive to take the family to their new home well aware of the District in which her former violent partner lives.
Jane reports back to the managing director and subsequently Preservation of Life – Community Protection Australian are informed of the situation reimburses her for the use of her private car. Jane as do other not-for-profit security officers also receives other benefits such as a travel and training allowance that mixes family time and training in various cities around Australia each year.
The main opposition of the proposed Bill comes from people that mistakenly believe it has something to do with the American 2nd Amendment. It has absolutely nothing to do with this line of reasoning best explained by the very well respected US Senator Rand Paul:
“The second amendment was created not to shoot dear, but to allow people to shoot at the Government when it becomes tyrannical.”
The proposed Bill adds very little to the number of registered firearms.
People already have firearms registered for sport and pest control. What they don’t have is the protection of the law when faced with an armed criminal on their doorstep i.e. the farmer’s story.
“The best division of right, one kind to be natural, and the other voluntary calls it a lawful right in the strictest sense of the word law, and sometimes an instituted right. Of this kind is the evil of certain actions compared with the nature of a reasonable being.”
The current weapons’ laws are an instituted right that is evil because when applied to certain circumstances they favour those that do evil things like robbery, rape and/or murder.
This may also be extended to domestic violence from the perspective of a woman that has removed herself from the family home but not the threat. Is she not entitled to make an application for a regulated weapon, perhaps pepper spray? i.e. the hashtag research “stalker / rapist / pepper-spray / Jane Q. Public.
Slavery was once legal, was it evil, absolutely. Removing the capacity of self-preservation of the Jews (taking their firearms) in Germany was once legal, was it evil well the Nazi proved that one.
Below is some wisdom about why some don’t and why some do commit serious crimes that involves the use of a weapon.
My father was in the police for many years before I joined and gave me this advice.
The underlying reason for what keeps some people that lack a moral compass from committing serious crimes is that they fear prison.
He also said, “Hardened criminals do not fear prison because they have been there before, perhaps several times before.”
If what these harden criminals do involves the occasional robbery, rape, and/or murder will they do it unarmed because they fear more time added to their conviction if they get caught? No.
It is for this reason that:
“When you Outlaw the Weapon, Only Outlaws (not Victims) have Weapons. “
It would not surprise me to learn that some hardened criminals are very supportive of gun control legislation that disarms their victims. It is a balance and today it is off the scale in favour of the violent criminals.
About a decade ago I was invited to talk at a conference in Hobart on preparing for “bird flu” because apart from my dedication to this proposed Bill my day job is occupational hygiene and air quality consulting.
In summary, this is the emergency preparedness (Isolation) plan in plain language:
Forget about hospitals because the air conditioning filtration systems will not cope once the capacity of the hospital is significantly exceeded i.e. consider what happened to Chinese hospitals.
Protect your primary human resource i.e. doctors, nurses, paramedics, and other support services i.e. avoid contaminating hospitals.
Use open-air isolation strategies and decentralize the response using local resources. This also allows those infected to remain close to family.
Every football, soccer, cricket ground, shooting range, racecourse, and any other gated open area facility becomes a potential M.A.S.H. unit. These places are designed for high volumes of traffic and people. Most already have 3 phase power installed and can handle portable air conditioners and other equipment. Adequate lighting is also available for night shift health care workers.
Within each open area erect tents and shading with at least 10m between each tent with walkways delineated in a grid pattern.
Install temporary buildings for intense resources for the critically ill, separating those infected from those that are in a critical phase of the infection.
Use the asbestos industry trades-persons to install pine stud and plastic isolation areas with HEPA-filtered negative air units installed noting that asbestos fibers have a particle size less than that of a vector aerosol.
Ensure it is public knowledge that in the event of a pandemic a patient will not be admitted to a hospital if a viral infection is suspected and will only be received at the designated areas (item 4 above) i.e. protect valuable HR resource (item 2 above)
Natural ventilation in an open field dilutes potentially contaminated atmosphere (breathing zones of patients) quickly while buildings that are reliant on air conditioning filtration may not i.e. the recent case of the ship in Japan and the failure to prevent cross-contamination.
Sunlight contains a powerful disinfection agent i.e. UV. Sunlight is not present within buildings.
The asbestos removal industry is the only industry with enough trained tradespeople to erect temporary structures using basic building materials such as pine stubs, cloth tape, staples, nails, and clear heavy-duty plastics that can be combined with asbestos industry negative air units so as to create needed facilities quickly.
As evidenced by China keeping our doctors, nurses, paramedics, and support staff safe when dealing with critically ill and highly infectious patients is the uppermost priority because if the health care system collapses because these people become infected we will lose the fight against a pandemic.
The result of a hospital being overwhelmed by infected patients is that the health care workers are placed at undue risk of becoming infected themselves.
This from the NSW Government with regard to the recent fires may be used by replacing the word “fire” with “economic collapse”.
(d) the installation of any moveable dwelling and associated structure on land for the purposes of accommodating a person or persons who have been displaced because of “economic collapse”, but only if the moveable dwelling or associated structure is maintained in a health and safe condition and removed once the economy has recovered.
Medical technology for a critically impacted person infected with a virus that seriously attacks the lungs. How many ECMOs do we have in Australia?
ECMO stands for extracorporeal membrane oxygenation. The ECMO machine is similar to the heart-lung by-pass machine used in open-heart surgery.
It pumps and oxygenates a patient’s blood outside the body, allowing the heart and lungs to rest. When you are connected to an ECMO, blood flows through tubing to an artificial lung in the machine that adds oxygen and takes out carbon dioxide; then the blood is warmed to body temperature and pumped back into your body.
Thanks for the message Clayton found the original video on this story by 9 News, Adelaide. Haven’t been able to learn the outcome?
A Munno Para West man, who says he would have been killed by two home invaders if not for the help of his neighbours, has told 9 News he’s disappointed one of them has been arrested over his brave actions.
This is one of many reasons why this Bill is so important. They arrested a man coming to the aid of a man that feared for his life. Not a situation of provocation, the man simply came home to find his home had been invaded by two armed criminals.
Here is my take on the matter as a non-factual synopsis:
Disclaimer: limited information is available regarding this incident, in particular as to why the reported good Samaritan was arrested. We are aware that he used the first thing he picked up out of his garage on the way to rescue his neighbour which was a hammer of some description? Perhaps he hit one of the attackers with this?
However, the following is given on the basis that his actions were justified at court.
Two armed home invaders are still at large after causing grievous harm to the home-owner. However, police were able to arrest the good Samaritan that prevented the home-owners’ murder because possession of a weapon in and of itself is considered “evil ?
Suggested Letter for:
Whistle-blowers who’re life is under genuine threat (i.e. case in point, the matter of the murder of a whistle-blower i.e. fox eradication 4 million dollars contract/corruption/threats ;
Women that are being stalked by a known rapist that has evaded the best efforts of the police to find i.e. Sandra’s story;
Bottle shop attendance that has shops in a high crime area (that have been attacked in the past) i.e. the recent incident as posted below;
Remote campers that have had bad experiences on the road (in particular, those with original knowledge of a remote area murder i.e. the Highways of Death e.g. Townsville/Mt Isa 11 unsolved murders); and
Others along these lines that are of good character and standing in their respective communities facing a higher than usual risk of grievous harm inflicted upon them.
Until such time as there is Article 3 Commonwealth Laws you may. consider. writing to the State based Minister for the Police after you have sought a permit-of-possession for a regulated weapon on the basis of a genuine reason and the outcome of a risk/threat analysis of your situation.
The following example may help you write your letter. If you can afford it, have a solicitor draft it for you.
Suggested Template Letter:
I have sought a permit of possession for a regulated weapon for the genuine reason of self-defence because of the attached reasons.
(provide affidavit declaring the facts of the matter)
My request for a capacity for self-defense has been denied by your administration without any due consideration of the facts of the matter.
In the event of my death, I have this day provided a copy of my letter to the family solicitor with instructions to seek damages on behalf of those I leave behind.
In support of my posthumous claim of damages against your office, there does not exist any Australian legislation that recognizes my human right of “security of self” pursuant to Article 3 of the Universal Declaration of Human Rights within the context that the first law of nature “self-preservation” is applicable.
The Declaration of Human Rights is a legal article which your Government has signed but is yet to honour. I have instructed the family solicitor to fund the damages claim through my life insurance policy.
I would be pleased if you will acknowledge having received my letter.
John or Jill Q Public
The applicant for a permit of possession for the genuine reason of capacity for self-defense which has been denied.
A husband and wife barricading themselves in a bathroom, but unfortunately were murdered is original policing knowledge I will never forget.
About 18 months ago, when I read the story of a farmer at 3 a.m. in the morning that saw a man at his back door with a long-bladed knife it immediately reminded me of the above. Had the farmer not armed himself they may have been as was the case of the murdered husband and wife mentioned above?
As a result of reading the farmer’s story, I thought it is not the law that needs to change, we need a new law, a Commonwealth Law based on Article 3 of the Universal Declaration of Human Rights (1948)in which it states, “Everyone has the right to life, liberty, and security of person”.
The key words being “security of person” not “control of the people for “security reasons”.
In other words, your security is personal and the first law of nature is “self-preservation”. Instinctively, we know what the bottom line is for these terrible things i.e. it is more often up to the victim to save themselves and their loved ones.
I believe, and I hope others may do so, that we need standardisation as the process of implementing and developing technical standards including appropriate security training.
An agreed process based on the consensus of different parties that believe there are many trustworthy people in our communities that will or have demonstrated responsible management of a firearm which under grievous circumstances represents a capacity for self-defense as a regulated weapon.
The regulated weapon for people like the farmer and also our Glenda Q Public (grey nomad/motor-home/safe/remote camper) I am putting forward based on my experiences in the police is the 38 cal.. lever action.
A side note: I think it was a very bad idea allowing police to have high powered semi-auto rifles for use in a City (dense urban environment). How far down the road does a 223 go before it may hit an innocent bystander, perhaps a child should any rounds go astray? Also telling the police it is permissible to shoot at cars, really!
When I was in the police we were told never shoot at cars because firstly a pistol round is ineffective (it seems Hollywood influences our policing advisors?) and secondly the best tool is another car as in police cars and road snakes/stakes. The only exception to that is that the car is not moving and you can take aim at close quarters into the tires and/or radiator. How long does it take to aim properly? That’s the point you can not target a moving car accurately.
Anyway when some poor police officer accidentally shoots some innocent bystander on the other side of the car standing on the footpath perhaps they will reconsider that advice.
Here are the reasons for suggesting a low-velocity carbine (that doesn’t go hundreds of yards from the area of engagement) the humble but very effect 38/357 lever-action rifle with a very long history of reliability and safety.
(1) It has a light recoil so that women of a light frame can use it effectively.
(2) It has adequate capacity. The 38 cal. provides 10 rounds and the 357 provides 8 rounds.
(3) The 38/357 is a low-velocity long arm meaning that a projectile will not travel well beyond the area of engagement.
(4) As a carbine of 16 inches, it is compact enough for use within the hallways of a residential house, motor-home or similar confined area. Noting remaining behind doors is always the smart thing to do. At least that is until some armed criminal kicks it in. In which the case the training video that follows is important to watch.
(5) It has safety features that do not require a bolt to be removed.
(6) A level lock and other items such as a light can be readily installed.
This training video was selected as it contains sensible advice.
I hope you will find, ” Personal Defense Tips – Lever Action Defense Scenario” interesting and informative.