**** DISCLAIMER AND CONTEXT OF SITE ****

The content herein contains real lived experiences of the author that are intended to be protected public disclosures pursuant to the relevant jurisdiction of the Public Interest Disclosure Acts. Some content may be disturbing or upsetting to some people, and user discretion is advised.

This site has been created under the authority of the following statutes, which empower "any person" to make disclosures or inquiries in the public interest or the legal term Actio Popularis:

Statutory Authorities

Public Interest Disclosures Act 2012 (Vic)

Section 4: Defines "improper conduct." 

Section 5: Defines "police complaint disclosure." 

Section 9: Affirms that "any person" may disclose improper conduct or detrimental action.

Independent Broad-based Anti-corruption Commission Act 2011 (Vic) 

Section 57: Permits "any person" to report corrupt conduct to IBAC.

Section 159: Provides protections for individuals reporting misconduct.

Ombudsman Act 1973 (Vic)

Section 13: Empowers "any person" to bring administrative concerns to the Ombudsman.

Charter of Human Rights and Responsibilities Act 2006 (Vic)

Section 38 and Section 39: Establish and uphold human rights obligations.

Public Interest Disclosure Act 2013 (Cth)

Section 26: Includes "any person" for certain disclosures related to Commonwealth agencies.

Corporations Act 2001 (Cth)

Section 1317AA: Allows "any person" to disclose corporate misconduct. 

Section 1317AC: Provides protections for individuals making disclosures.

Freedom of Information Act 1982 (Cth)

Section 11: Grants "any person" the right to access government-held information.

Ombudsman Act 1976 (Cth)

Section 5: Authorizes administrative concerns to be raised with the Ombudsman.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT

Section 51(xxix): Grants Parliament the power to implement international human rights obligations, promoting transparency and accountability

Section 61: Establishes executive accountability within legal bounds.

Section 75(v): Provides High Court jurisdiction over cases involving Commonwealth officers.

The most powerful words in the Constitution for this website's purpose are the words found in section 51, 61 and 106, 109:

"The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth...";

"extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.";

"The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth..."

"When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."

Themes relate to and including,

State capture refers to the phenomenon where outside interests, often from the private sector, mafia networks, or other non-state entities, exert significant influence over government policies, laws, and regulations to achieve their own financial or strategic benefits. This occurs through corrupt transactions with public officials and politicians, compromising the integrity of the state and its institutions.

1. Illicit influence: Outside interests manipulate state institutions, laws, and policies to serve their own interests, often through bribery, extortion, or other forms of corruption.
2. Private gain: The primary motivation is to benefit the private sector or other non-state entities, rather than serving the public interest.
3. Systemic corruption: State capture involves a pervasive and entrenched corruption, affecting multiple levels and branches of government, including the legislature, executive, and judiciary.
4. Manipulation of formal procedures: State capture involves the manipulation of formal procedures, such as laws, regulations, and bureaucratic processes, to achieve desired outcomes.
5. Lack of transparency and accountability: State capture often involves secrecy and lack of accountability, making it difficult to detect and prosecute.

• In South Africa, the Gupta family’s alleged influence over the government, particularly during the presidency of Jacob Zuma, is a well-documented example of state capture.
• In Hungary, the Fidesz-KDNP party’s dominance of the government and manipulation of constitutional law and the judiciary have been criticized as a form of state capture.
• In Bulgaria and Romania, protests have been held against alleged state capture by corrupt elites and oligarchs.

• State capture differs from regulatory capture, as it involves a broader range of state institutions and policies, rather than just regulatory agencies.
• State capture is distinct from corruption, as it involves a more systemic and pervasive manipulation of the state, rather than isolated instances of bribery or embezzlement.
• State capture can occur through legal means, such as lobbying and influence peddling, making it difficult to distinguish from legitimate political activity.