As a seasoned Lobbyist, who has been at-it since 2009 on major human rights matters, such as advocating for persecuted minorities, trafficked children, abused women, refugees and standing against human rights atrocities such as organ harvesting - both nationally and internationally, I am here to tell you ... if done right, your lobbying and advocacy CAN MAKE A DIFFERENCE!
We have seen this in several anti-slavery education and awareness campaigns, some of which led to boycotting, such as the Slave - Free Nestle Campaigns that were huge about seven years ago ...
I have presented my legal briefs and recommendations to parliaments across Australia on several human rights matters, and meet with countless politicians in my years of lobbying.
My most successful lobbying activities were always backed up why grass-roots movements of a social media campaign, education and awareness rallies, conferences, engaging with local media and collaborating with like-minded organisations who have hands-on solutions.
In our world today, I see the greatest form of slavery in the minds of people - the psychological warfare we face everyday which, tells us that we do not have a choice.
We were born with a conscience and with free will - we always have a choice.
that choice may be confronting, or it may even be uncomfortable.
But, it is a choice nonetheless.
As we start 2022, make sure you start strong: uncompromised! Follow your convictions, continue being a critical thinker, question everything, and do your own research!
I know it may seem like the bad guys are winning, but keep the faith, stand strong, arm yourself with COURAGE, and KEEP AT IT!
Keep LOBBYING and ADVOCATING using well-researched resources to make your point.
Here is a LOBBYING CAMPAIGN I ran in July last year in order to educate and provoke answers. Use it for your own purposes - it is still relevant today!!
Dear Premier McGowan
Chief Health Medical Officer Andrew Geoffrey Robertson CSC PSM and
Minister for Emergency Services Reece Whitby,
RE: The Use of Emergency Powers by the States During COVID
Thank you for serving Australia in your capacity in Parliament. Your public service to your constituents is truly an honour and a privilege not to be taken for granted.
I wanted to share my personal story with you in relation to the above matter.
As a refugee child from a Communist Dictatorship regime, I want to preserve Australia’s way of life.
I also wanted to share some of my legal and human rights concerns with you.
Our Constitutional Democratic Rights
Given my rights as a Citizen of Australia, a constitutional democracy, your job is to represent my views in parliament according to jurisdictional delegation of section 51 to section 60 of the Australian Constitution. This means that I have the right to consider any and all legislation before Parliament and give you my opinion on these laws.
I would now like to raise concerns about how the Emergency Powers are being used here in WA.
2. Constitutional Right to Free Trade and Commerce
As you know, Section 92 of the Constitution is clear: trade, commerce and intercourse between the States shall not be restricted - on any grounds. Equal consideration needs to be given to Section 104 of the Australian Constitution here. Restricting trade and commerce between the states within Australia is a violation of our right to freedom of movement within the ICCPR and as per the international legal principle of state sovereignty. For far too long now, small and family businesses have been affected by lock-downs economically.
Section 122 of the Australian Constitution disallows a conflict between State laws and Federal laws. Therefore, Federal law takes precedent over state-based laws.
What will you do to ensure these lock-downs no longer occur in violation of our Constitution, and no longer cripple our small and family businesses?
3. The Biosecurity Act
Section 60 and 61 of the Biosecurity Act 2015 states that "authorised officers" cannot detain, force persons to undertake COVID testing or be forced to be vaccinated, or be quarantined or enforced to socially distance or wear a mask unless and until the person receives a Biosecurity Order by the Court on the grounds of infection or a known tested infectious disease; evidenced scientifically and medically.
4. The Use of ‘Mandatory’
Furthermore, the COVID App and the ‘mandatory’ use of force of the app within our communities as we go about our every-day lives is in direct breach of section 94H the Privacy Act 1988.
There are no laws ‘mandating’ the use of the COVID app. The ‘mandate’ to use the COVID app is not legal, but a mere policy measure, a suggestion of use, and is entered into voluntarily by its users. Legal academics have made it clear that the use of contact tracing surveillance on citizens en mass is illegal and in violation of our international human rights.
In fact, businesses cannot refuse customers on their refusal to use the COVID app based on the legal principles of discrimination, clearly laid out in our anti discrimination laws federally.
The ‘COVID safe App’ has also been reported to be used by Police officers for criminal investigative purposes in violation of s94F of the Privacy Act 1988.
5. The Extension of the Emergency Powers The State Governments, including their Premiers or Chief Ministers, the Chief Health Medical Officers and the Ministers for Emergency Services in each State and Territory in Australia have not provided conclusive, transparent legitimate (backed up by scientific evidence) and legally justifiable evidence to satisfy the legal provisions of section 52 of the Emergency Management Act 2005 (WA) , which deals with the extension of the state-based Emergency powers every 14 days since March 2020 up until now.
This section of the Emergency Act deals with the “Extension of Emergency Situation Declaration” when an "emergency" is defined in the legislation as: “the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response”.
As my elected representative and Minister overseeing this portfolio, can you please provide the adequate scientific, medical and legal evidence to satisfy these legal provisions?
As I am sure you are aware, these provisions exist in the Act to ensure that the restrictions are for a proper purpose, that they are proportionate to the imminent threat, and that they are for a restricted time-frame, based on the evidence required to be provided.
These legal measures are also there to ensure that there is not an over-reach of your powers.
Could you please provide the scientific, medical and legal evidence that our State has had “the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response”?
Indeed, this is your duty and responsibility in your role as the Emergency Services Minister for WA, as you have signed off on the extension of these extra-ordinary powers.
6. Evidence as to the ‘Imminent Occurrence of a Hazard’
Given that the Therapeutic Goods Administration (TGA) states one death of COVID in the last 6 months, true recorded cases of COVID do not seem to be severe enough to justify a State of Emergency.
On the other hand, in the week of 28 June - 4 July 2021,1,646 adverse health reactions from the COVID vaccines were received by the TGA, with a total of 36,387 reported adverse health reactions from the COVID vaccine to date by the TGA.
The current health-threat of the COVID vaccines far-outweighs the current threat of COVID.
COVID vaccinations of any kind cannot be legally mandated to any group or cohort in Australia, as it will be found unconstitutional.
Section 51 (xxiiiA) of the Australian Constitution clearly states that no form of civil conscription can be made in relation to medical services: “the provision of maternity allowances, widows' pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorise any form of civil conscription), benefits to students and family allowances”
Mandated vaccines are therefore unconstitutional and in violation of the highest law in the land.
The directives given by State Premiers, Chief Health Medical Officers and the extension to emergency powers by Emergency Services Ministers may therefore be in violation of legal and parliamentary principles such as due process, transparency, representative government and the inalienable rights and freedoms of citizens, as recognised by international law, such as the International Covenant on Civil and Political Rights.
Lock downs, mandatory mask-wearing, COVID app compliance directions which we are receiving from our Premier are in fact in direct contravention of the Commonwealth Biosecurity Act of 2015 and unjustifiable without proper evidence under the Emergency Act 2005 (WA).
This over-reach of your powers over your constituents is a violation of our rights to freedom of movement, freedom of association, freedom of speech and freedom of religion under the International Covenant on Civil and Political Rights, which have all been compromised under COVID restrictions.
As State-based emergency powers in each State and Territory have been extended without proper evidence, without due process or transparency in Parliament as well as a lack of accountability before its constituents, State Governments and their Premiers and Chief Ministers in ACT and NT no longer have the authority to act under such powers legally, especially in consideration of section 107 of the Australian Constitution.
We must not allow our fears of COVID to totally undermine our inalienable God-given freedoms and rights, to violate the principles of rule of law, and to abolish parliamentary due process and other legal principles that ensures the separation of powers, and a balance of those same powers.
It is your duty as my elected representative to provide the scientific, medical and legal evidence that the Emergency Powers from which you are operating currently are legitimately and legally justified as per section 52 of the Emergency Management Act 2005 (WA) .
Please provide this medical, scientific and legal evidence to us, your local constituents as a matter of urgency and in the national interest of our economy, sovereignty and our future as a nation.
7. The unlawful nature of the National Cabinet - as ruled by the AAT in SA
I note the common law decision in the matter of Patrick v Secretary, Department of Prime Minister and Cabinet in the Administrative Appeals Tribunal in South Australia on the 5th of August 2021.
The question of whether the decisions and directives of the States’ Premieres and Chief Ministers over the past 18 months are lawful or enforceable, given the illegal nature of the National Cabinet and the lack of transparency and political due process that has shrouded their activities arose.
Senator Rex Patrick of South Australia took the Department of Premier and Cabinet to the Administrative Appeals Tribunal (AAT) and received a ruling that Scott Morrison’s 'National Cabinet' is not a real cabinet and cannot enjoy the same privileges of confidentiality or secrecy as a real cabinet.
This ruling has called into question every decision Scott Morrison (Federal), Daniel Andrews (VIC), Annastacia Palaszczuk (QLD), Andrew Barr (ACT), Gladys Berejiklian (NSW), Michael Gunner (NT), Peter Gutwein (TAS), Steven Marshall (SA), Mark McGowan (WA) has made in the last 18 months under ‘emergency powers’, and the illegal nature of not only of these meetings given democratic principles, but the liability that will come with such complicity is a concern to us all.
Please be vigilant of the true stealth enemy that seeks to divide Australians, to destroy our economy and instil fear into its citizens, and please do me the courtesy of responding to my letter.
We all have to work together to protect our community from the ideological threat of Communism and the subjugation that it brings to people.
It is up to us to protect and preserve our God-given inalienable freedoms and rights - will you stand with me on the right side of history, and against tyranny and oppression?
“Having heard all of this you may choose to look the other way but you can never again say you did not know.” - William Wilberforce
Author: Andrea Tokaji - Lawyer, Lecturer, Lobbyist, Human Rights Advocate, Political Strategist
DATE: Wednesday, 18th August 2021
HERE IS THE DOCUMENT AS A PDF FILE:
If you need assistance with preparing your affidavit or other documents, with human rights advocacy, business consulting, or Fair Work Conciliation, please make a booking here on our website, and receive knowledgeable, compassionate, professional support from a trained international human rights legal advocate!
SUBSCRIBE TO OUR WEBSITE HERE TO GET UP TO DATE, WEEKLY INFORMATION, RESOURCES AND SUPPORT WITH BUSINESS AND HUMAN RIGHTS MATTERS.