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The Constitutional Challenge of Section 105

Updated: Oct 1, 2022

Our constitutional challenge of section 105 of the Children & Young Persons (Care & Protection) Act (CP Act) is listed for a full day concurrent hearing on the 26th July 2022 from 9am.


We are currently refused entry into the Court of Appeal so unless the Court changes its position ( I have written to them to address this)  the matter will be online before a coram of three to possibly five Judges of the Learned Court of Appeal, two Amicus Curiae (appointed by the Court) and around four other Barristers and Solicitors. Dr Katelaris and I are self represented.


I have asked the court to provide a link to be made available for the public but please be aware that they are often not that forthcoming and although the right to open justice demands the public see and hear the proceedings (especially with a constitutional challenge),  the court previously has limited the public’s access. For example when this same matter was last in the Supreme Court NSW I requested a public link to the hearing however over 50 people reported they could not access with the link and that something was wrong.  This does not surprise me as I believe it may well be deliberate and unfortunately largely out of my control. I will however do all I can to ensure the public can hear this important case and that the Learned Court of Appeal abides by their own statutory obligations.


BURTON & KATELARIS v DIRECTOR OF PUBLIC PROSECUTIONS (NSW), THE LOCAL COURT NSW & THE NSW ATTORNEY GENERAL

Case No: 2021/00304575


Section 105 of the CP Act is unconstitutional and we will be successful on the 26th of July. Once s105 is found invalid it will enable people to speak openly about the removal of children where that removal has placed the child at far greater risk of harm. I.e Section 105 will no longer be able to be used to protect a child’s identity and privacy when a child is being abused in alleged care.


The current unconstitutional legislation effectively protects the Department (Government) and Out Of Home Care (OOHC) from any public scrutiny.  It enables the continued warrantless removal of children in NSW without judicial oversight, without evidence, based on hearsay innuendo and accusations and enables the continued abuse of children in the alleged care of the Minister and OOHC.


Until this draconian legislation is changed the public will remain in the dark and not know what their own elected government is doing to thousands of families and children here in Australia. Once the public knows the shocking truth of Australia’s State condoned child abuse and child trafficking industry they will never elect a major party ever again.


Kindest Regards & God Bless

Pastor Paul


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