Melissa Jane Petrak ‘Queensland, continues to imprison Minors against UN sanctions ‘

#Law People Please, We have a Calling to Give ‘em all a Second Chance…that is why we have a law brain.[1]

Enough is enough, is enough…[2]. The debate to have Queensland brought into line and stop jailing children is not new,[3] but please lets add some spark to it,[4] and ignite the hope of humanity and call for democratic conformance in Queensland.

Queensland is the only State in Australia rude enough to continue to remain in breach of the Australian Constitutional provisions and United Nations conventions.[5]

Therefore Queensland defies both Federal and International law; and continues to jail minors in adult prisons. In 2013, there were 43 children serving time alongside adults. [6]

The Queensland Government protocol often fails children.

Let’s go to a place the Government set up to assist children’s rights in the South East Queensland region – ‘Children’s Services (CS) at Logan Central. In the early 1990’s Logan City Children’s Services breached their duty of care to their child clients and dumped their sensitive files. Thankfully a do-gooder, a whistle blower protested and made sure this was reported by Logan newspapers at the time, or the disregard would remain unknown.[7]

From what my research has uncovered,[8] if it was not for YFS Youth and Family Services and a humble lawyer putting their efforts into the entire Logan City vision, [9]the children would be fodder for the Queensland government. [10]Children NEED lawyers, who can take issues to task,[11] sadly counsellors do not always cut the mustard. [12]

The Queensland Government is known to be a rebel of a sibling to all other states, it can be an arrogant state, the cronyism days of …’ and the money is in the bag.’

In the days of Anna Bligh it presented an opportunity of hope to the meek of Queensland, for the first time in history.

The government that followed- do not even deserve a mention.[13] They again focused on granting over reaching powers unto QPS.[14] They also made a big deal of OMC VLAD Laws, when QPS has a vicious mentality woven into their policy. QPS charge minors who may get imprisoned, and this imprisonment of underage children, [15]has largely gone unmentioned in the media as a consequence of the introduction of the VLAD laws.

VLAD Laws are a red herring the media love to chew.

The VLAD has commanded so much attention; whilst the non-biker gangs along the coast almost go unmentioned yet, they are the demise of many youth in suburbia.

It is our Australia, it is a part of us all; I plead with each free thinker to call for law reform and ask Queensland to end the discrimination of Queensland juvenile offenders- as of NOW. [16]

I call on the current Queensland #Premier Hon Annastacia Palaszczuk, to have compassion and take time to consider many of our Nation’s great journalists past works on the topic, and the former Queensland Children’s Commissioner the gracious, Elizabeth Fraser’s comment’s on the matter.

Perhaps this requires a lawyerly woman’s touch, or one amazing law gentlemen to bring justice to Queensland’s most vulnerable offenders?

We are yet to see… but in the meantime we have a small window of hope, due to the newly appointed Queensland Government- we look expectantly upwards to our most northerly State with much anticipation- to bring the State lawfully into line with UN conventions and presto!

Please feel free to comment

[1] WATCH – “Moral Decisions in the Law: What’s the Brain Got to Do with It?” http://clbb.mgh.harvard.edu/category/events/

[2] http://www.theaustralian.com.au/business/legal-affairs/year-olds-brutalised-by-exposure-to-adult-prisons/story-e6frg97x-1225780235835

[3] http://www.abc.net.au/news/2012-11-26/cranny-juveniles-in-prison/4391166

[4] http://clbb.mgh.harvard.edu/about-us/ and European legal spark at -http://www.sparklegalnetwork.eu/

[5] http://www.austlii.edu.au/au/journals/CICrimJust/2014/19.html

[6] http://www.yanq.org.au/17-year-olds-in-adult-prisons.html

[7]Russel, c.,  http://www-public.jcu.edu.au/atjcu/feature/JCU_081980

[8] https://www.qld.gov.au/law/sentencing-prisons-and-probation/prisons-and-detention-centres/prisoners-rights/http://www.legalaid.qld.gov.au/legalinformation/Pages/Organisations.aspx?index=970&redirect=organisations_details.asp

[9] http://www.yfs.org.au/

[10] This is a major concern for parents- http://www.lawstuff.org.au/qld_law/topics/Sexting

[11] http://www.yfs.org.au/who-we-are/

[12] http://www.yfs.org.au/yfs-legal/

[13] https://www.change.org/p/keep-17-year-olds-out-of-queensland-adult-prisons

[14] http://www.mmlawyers.com.au/web/page/gold-coast-17-year-olds-shamefully-treated-as-adults-by-our-criminal-justice-system/news/7573

[15] Why follow the unlawful State?- http://www.couriermail.com.au/news/queensland/other-states-to-support-queenslands-vlad-laws-in-bikies-high-court-challenge/story-fnihsrf2-1227035192030

[16] “And it disregards one of the core principles in the Youth Justice Act 1992’s Charter of Youth Justice Principles http://www.brisbanetimes.com.au/queensland/jail-17yearolds-why-not-10yearolds-child-advocates-question-20130118-2cyu1.html

For a concise journal article on the matter please see http://media.wix.com/ugd/6daf1c_4eedbd73c7744c2a9adb4b6feb923c45.pdf

PATHOLOGIES IN QUEENSLAND LAW-MAKING: REPAIRING POLITICAL CONSTITUTIONALISM

By WILLIAM ISDALE AND DR GRAEME ORR*

Law-making in Queensland has suffered decades of ongoing pathologies. Such institutional infirmity is a product of a shallow political constitutionalism which trusts an all-mighty executive to dominate a unicameral legislature composed by winner-takes-all elections. The present essay charts recent examples of legislation trammeling due process and equality rights and interests in both criminal and public law. It concludes by exploring reform options to reinvigorate parliamentary oversight and deliberation via a proportionally elected upper or lower house (2014)

* William Isdale is a law student (University of Queensland), and visitor at Oxford Uehiro Centre of Practical Ethics (Oxford University). Dr Graeme Orr is a Professor of Law (University of Queensland) and author of The Law of Politics.

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