An ordinary Australian takes on an extraordinary challenge.Hi Im Alex. I’ve been a good boy until now. For the first time in my life, I’m in court. You see I refused last year’s Census after reading information on the Australian Privacy Foundations website. The issues therein raised my concerns for privacy and how the Census information was handled after processing. I also had a few of my own.Currently I am being prosecuted by the ABS via the Commonwealth Director of Public Prosecutions. My understanding is that only a small percentage of refusers are actually prosecuted. A large portion are not.I am representing myself and learning a lot along the way. I am not a man of legal standing nor am I a great speaker. I have a hearing deficit which doesn’t help. But I will stand for principle. At the 3rd court session on 27 June 2007, the ABS/CDPP had asked the Court to dismiss a true and signed document of the Commonwealth which implicates their own injustice in this whole affair by their bypassing sound ABS policy and procedures. This document served to me by the CDPP is the evidence they wanted to rely on. Yet. they forgot to check it before its submission! Now they want the Court to dismiss it.

You see, I never had the benefit of a visit by an ABS area supervisor, whereby amicable discussions may have led to my conscience being allayed and signing the Census form. Straight to the prosecution stage. Protocol over Principle. Except in this case there are blatant errors in the ABS Refusals report. Truth is truth. If it be manufactured, then it is no longer the truth. Allegedly on 22nd August an ABS Area Supervisor paid a visit to our premises at 9.41 PM at night AND as a RESULT of that VISIT, I converted on my refusal and handed in a Census form. OK if that is true, then why am I being prosecuted? Why proceed to the later stages of the refusal process an bypass sound ABS policy wherein an Area Supervsior is supposed to have visited, if not successful, then send a letter explaining legal ramifications, then if not successful then, send a Notice of Direction with 15 days to comply and a fine of $110 per day for every day that I refuce to comply.

What then led to the timely bypass of such policies by the ABS? Did I set my dogs on them? No, for I have none. Did I get irrational, angry and shout obscenities at them? No. Did I tear up the Census form in front of them in defiance? No. My only crime? A letter of objection wishing my conscience to be allayed and an invitation for them to make contact with me.A timeline, full documentation and aspects of the cases so far has been put up online at www.playitforwardoz.com/censuscase.htmlI raised S.116 of the Australian Constitution as part of my defense, saying that S.116 makes null and void the ABS document 2007.0 which relates to religious classification. I don’t believe my acts of conscience should be classified, thus because no classification exists, that my conscience is not recognized. Under S.78B of the Judiciary Act 1903, I had to send a notice to the Attorney General of the Commonwealth and the States for his intervention in this matter of Constitutional interpretation. This matter gets reviewed by the Constitutional Litigations Unit and a recommendation back to the A-G. My question is – if all persons are equal under the Constitution, as the Constitution is the most overriding document of all, what legislation is therefore in effect which creates this matter to be held at the discretion of an office that also comes under the Constitution?

Any help is much appreciated. If not, I shall stand alone.

Fine so far. Approx $28,000 + courts costs
Amount in Bank. Not enough.