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WITHOUT PREJUDICE Mr D. Napthine Premier of Victoria 3-4-2014 denis.napthine@parliament.vic.gov.au COMPLAINT Sir, I received an email (as quoted below) and quite frankly I am horrified to find that taxation monies are being paid at about $37.00 an hour for religious services (to prison inmates) which based on 40 hours would be about $1,480.00 a week. And then it seems to be claimed by religious bodies that this is less half of what it cost them. So are they claiming that for a minister/priest, rabbi, etc, cost say $80.00 or more per hour? Now lets get this right. We are through tax exemptions and donations provided religious bodies with millions of dollars and I understand that for example the Catholic Church in Sydney has a worth of more than $1 billion and making $1 million or more profit a year. (Royal Commission into Child Abuse involving also the clergy) And there is no reasons religious businesses are any less profitable anywhere else. No wonder the clergy are all over inmates to provide religious services as they are making a small fortune per hour. Now lets get this right. We have a say convicted mass murder being entitled to say $80 an hour religious service while the family of the victims are well left to rot suffering the emotional consequences of the harm caused by such mass murderer. Is this the law and Order you are seeking to promote, where the criminal is given religious support while the victims family are left ignored? Are we to pay huge amount of monies for religious services where at the same time those religious bodies charging like there is no tomorrow can enjoy tax free statuses, etc? In my view, if they are charging this kind of monies then let them pay their burden in taxation! Considering that the religious bodies claim that the about $37.00 per hour is not even half of the cost to them, is this then meaning that the clergy are earning about $ 3,000.00 a week for a 40 hour week? Is this about soul searching of prisoners but not of the clergy themselves, I view robbing taxpayers? Where is this tax free exemption because of their social services if they are nothing more but hungry money entities? And lets not overlook the Ellis doctrine that for example the Catholic Church is not a legal entity to be sued. So, if they are not a legal entity then on what legal basis can they claim tax exemption? As a CONSTITUTIONALIST I am well aware that while the Commonwealth is prohibited from legislating as to religion the Framers of the Constitution held that the States ought not to be denied such legislative powers. However, the legal principle embedded in the constitution is religious liberty.
Australasian Convention) QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the peoples whom it will embrace and unite. END QUOTE

35 HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National

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And I view this includes that non-religious tax payers or even religious taxpayers but not prescribing/associating to any particular religion shouldnt be forced to pay more taxation as to 45 enable a State government to fund for religious services.
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An issue that was debated by the Framers of the Constitution, the Commonwealth of Australia Constitution Act 1900 (UK) within which in s106 the states are created subject to this constitution that the Colonies (now States) had separated the State versus Religion. As such, it is upon this principle that the constitution exist and clearly providing tax exemption and/or tax 5 exemption statuses because of being a religion b I view then is unconstitutional as well as that you cannot have on the one hand that the State supports religion by using taxpayers monies (including those not associated with any religion) while on the other hand providing them with tax exemption for providing a community service where in fact they are I view by far over charging. I do not hold that religious bodies can be deemed to be not-for-profit (non-profit) 10 organisation. If any clergy can charge about $ 3,000.00 a week for but reduce this to half for the state to pay, then where is this community service that is supposed to be provided? When we consider the number of rapist released from jails and then getting back in the same and even murder than this religious services doesnt appear to assist in their real education but merely a so to say excuse to run up a huge bill for the State and no more. I am not against anyone who 15 may suffer mental/emotional problems to have access to appropriate metal/emotional support if this is religious support or otherwise, but it must be something that ultimately serves the general public. Having so to say a criminal seeking forgiveness from sins and then leaving prison recommence doing the same or worse isnt what serves society. In particular it is an injustice to the victims and their family, where often they are not at all provided with any support to get them 20 through the hard times. Do you really think that criminals will convert to so to say become angels merely because of religious services? Even Blind Freddy would be aware that this is utter and sheer nonsense. For many an inmate it might just be a form of distraction from prison boredoms. What I view is that we should use as an example is the kind of BLACK DOLFIN prison system such as exist in the Russian Federation, regarding murderers and rapist. Soft balling murderers isnt going to change the suffering of their victims. One must be a total idiot to expect a murderer to somehow change what he/she did merely because of some religious summon. What they inflicted upon their victims and family must never be under estimated and providing them hotel kind of facilities is sending the wrong message to potential killers. If anything murderers who are eventually released may just find that life inside the prison system is very cosy and so better commit another murder to get back in. they may find they just do not fit back into society and so the prison hotel style prison services may be too good to ignore. Then VLADIMIR CENTRAL and HK17 are two other prison systems within the Russian Federation that I view are better suitable for career criminals, etc. The prison system is mismanaged as to too much concerned about rehabilitation of prisoners even as risk of society rather than it must be a deterrent for anyone to commit crimes. We should never mix those convicted but keep them separated as to the gravity of their crimes. For example a person imprisoned for a parking fine should not be placed with or allowed to be associated with murderers. Indeed, the murderers who may have still a long stretch to do may then seek to enlist the other person (likely due out in a few days/weeks) and with this we do not reduce the crime rate rather provide the circumstances to assist criminals to continue their crimes while in prison. Again, the BLACK DOLFIN kind of prison system would prevent criminals to make their prison life enjoyable. You would have no entertainments rooms, No phone calls to friends or even witnesses to harass them. No criminal conduct from behind bars. Prisons should be a form of punishment for the horrific crimes committed, and only at the end of a sentence a prisoner should be given some liberty to slowly get used to a return to society. When you consider what happened with the murder of Carl Williams, such an event could never have happened in the BLACK DOLFIN prison because they are not given any kind of opportunity to attack each other as such.
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We also have courts that are too weak upon criminals who habitually enter homes and violate the rights of the home owners for their drug addiction. They are robbing hardworking families for their drug addiction and then get the slap on the writs even so they destroy the security of many. How often did a judge sum up the harm that was created upon each and every person in such home invasions? Such brazen disregard of the communitys right to feel safe at home is being ignored far too often. Some 30 years ago a person who had broken in and robbed mew, and then was on the run for a year because I was trying to find him, when eventually he was charged and was before the magistrate sentenced his response was, afterwards, that if he knew beforehand he would only get a probation and that is it, he could have saved himself to be on the run for a year. And this may just underline why crimes are not abated with the judicial system too soft on hardened criminals who will rob and continue to rob because there is no real punishment for them while their victims are suffering heartbreak and fear for their safety. It should be kept in mind that most criminals caught out for a few beak-ins may have dozen more committed but never detected for this. There was this incident, more than 30 years ago, where a person had stolen my furniture truck. I decided to search for him. After many months I came across an address he had just left and the tenant made known he had left nothing but an old school bag which I could have if I wanted it. I took the school bag and went straight to the police station in Doncaster explaining that I found it odd how a middle age man would have an schoolbag. The police made clear they were not interested. So, I made clear that there was a phone number in the bag and I would call the people to see if they are missing a school bag. The police officer than made known he would make the call instead. He came back and made known to me that the school bag was part of a robbery. Subsequently the police discovered that the furniture truck had been used for numerous robberies in Bulleen and other areas. I continued my search for the furniture truck, and finally located it at a car yard, with a huge repair bill. I understood they got the man at a later time, as I was providing details to the police as to the friends he had been associated with. Still, the problem was that I had to do the detective work as the police simply did nothing and initially refused to even accept the schoolbag. It is this lax in pursuing criminals that leaves many vulnerable people at the hands of criminals crime spree. We hear for decades about the criminality of the police themselves and so how can you expect any better from criminals? We need to stamp this out and getting rid of police who are convicted of crimes is the first step. After all when police officers discover that if they commit crimes they will like anyone else be out of a job then this already may have an effect upon the crime rates. They will be aware that to associate with a criminal can cost their job. No more being on paid leave while awaiting a charge because this is rewarding a criminal. If they are innocent then the courts can always make restitution for their loss of income but to have them living the life while being paid and then when convicted not having to make any restitution is to reward police from criminal conduct. It seems to me that regardless which political party is in power we simply do not get any Government that really knows how to deal with criminals as to ensure that crime will only pay to end up with a uncomfortable time in imprisonment, without all kinds of 5 star hotel luxury. If any criminal holds that his soul needs to be attended to then why not let this criminal pay himself for the service. After all their religious beliefs didnt particularly prevent them to commit crimes and so if they need some spiritual enlightment then they can pay for it themselves, as those who are not religious are not costing taxpayers for such service.
QUOTE (EMAIL 2-4-2014)

Taxpayers foot $6m bill for prisoners religious instruction in jail.


Jim We have a constitutional right to freedom of religion in Australia but does that mean public money should be spent on providing religious and spiritual support services to the prison system? Where in
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To Andrew K.Bruce & Gail H.Daniel Bodkin and 26 More... Today at 4:36 PM We have a constitutional right to freedom of religion in Australia but does that mean public money should be spent on providing religious and spiritual support services to the prison system? Where in either the federal or Victorian state constitutions does it grant power to the state government to provide public tax revenue to religious organisations, and further funding for religious services to prisons?! Isn't there supposed to be separation between church and state, with the state supposedly staying out of all religious matters and affairs? As management of the state prison system is contracted to a private corporation and they were already providing religious and spiritual services prior to 1994, presumably the funding for religious and spiritual services was available within the budget of the corporation's service contract. Apparently nowadays the funding is insufficient because I suspect all the religious organisations involved in this rort, have discovered an easy and free money handout from the government at our expense. If a prisoner wants religious support and he or she is a member of a particular religious organisation, then it's their responsibility to organise services with their particular priest, pastor, imam, rabbi etc., and offer a voluntary donation instead of expecting the overburdened public to pay for it. Many of the major religions in Australia already receive many tens of millions of dollars in government funding for their various charity and welfare services, and along with their tax exempt "not-for-profit" business activities and investments, they certainly don't lack the money to provide religious services to a minority of spiritually inclined prisoners. Jim

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Taxpayers foot $6m bill for prisoners religious instruction in jail


35 news.com.au April 02, 2014 12:00AM VICTORIAN churches and religious groups have billed the Government more than $6.6 million to provide prisoners with religious instruction and spiritual support since 2001. 40 Before 1994, chaplaincy was provided by Corrections Victoria directly paying for priests within the prison system. In 2011 and 2012, the religious bill across the prison system was $980,000 as annual costs rose throughout the decade. The Catholic, Anglican and Uniting churches, Salvation Army, Islamic Council of Victoria, Buddhist Council of Victoria, Bet Sohar (Jewish chaplaincy) and Greek Orthodox Arch Diocese currently share a $2.63 million, three-year agreement to provide services to inmates.
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But Fr Joe Caddy, chair of the Multifaith Prison Chaplain group, said the Government state money paid at $37 an hour would cover less than half of the true cost. We by no means expect government to pay the whole whack because we know its our mission as well, he said. 5 Other costs can be associated with festivals, including Easter and Ramadan. http://www.news.com.au/national/victoria/taxpayers-foot-6m-bill-for-prisoners-religiousinstruction-in-jail/story-fnii5sms-1226871509939
END QUOTE

10 IF FR Joe Caddy is so much on the money then if he holds that the actual cost is more than say $80.00 an hour, then for a church service of say 1 hour he could charge $80.00 and then let the rest be taxed as profit, like any other business venture. Ironically they are for legal purpures, that is when sued) not a legal entity but otherwise they are not. So lets clamp down on this nonsense. Again the separation of State and Religion was to have eventuated before federation when they 15 were still colonies and let show we mean business and religion should play no part in tax exemptions or tax deductions. They want to be paid in a businesslike manner then let them pay taxes likewise. Many a person who do not prescribe to any religion would be far happier that the tax burden upon them be relieved by taxing religious bodies as any other business. The term non-profit and/or not-for-profit is an oxymoron when it comes to religious bodies as 20 they are in there for the monies and making heaps of it and this where persons who do not align with their religious preaching still end up having to pay for them, if not directly then indirectly. If anyone did listen to what Archbishop George Pell stated during the time he gave evidence before the Royal Commission than it must be obvious that saving a few buck by denying victims appropriate compensation was obviously more important than what morally was appropriate for 25 society to be done. This underlines that religion should be left to people who desire to get involved in it and if they are in need of some spiritual service then let it be at their own cost. We taxpayers should have nothing to do with this. It appears to me being a clergy is big business and some soul searching would be in place for 30 those engaged in providing this religious/spiritual service if they are doing it because of the money they can make or not. I made (Some 20 years ago) a 750 kilometres odd round trip to Melbourne, as to attend to a person accused of a criminal act as part of my special lifeline service MAY JUSTICE ALWAYS PREVAIL. I attended on a Sunday, by special arrangement with the Governor of 35 prison. For the record, I never charged ever a single cent for this! It was my time, my cost and so my own out of pocket expenses. That is what I view is real community service! Not getting paid monies as if it is just a job. Hence, I object to the payment of any religious service by the state using taxpayers monies. 40 Awaiting your response, G. H. Schorel-Hlavka O.W.B. (Friends call me Gerrit)

MAY JUSTICE ALWAYS PREVAIL


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