Chapter 15 of Secession by Western Australia is published here freely for public reading, discussion and criticism.
The purpose is simple: Western Australians should be able to see what a serious post-secession constitutional framework could look like.
This draft Constitution is not a slogan. It sets out a proposed structure of government, rights protections, fiscal rules, resource stewardship, citizen oversight, anti-corruption safeguards, local-council devolution, and limits on centralised power.
It is offered as a working constitutional model for debate — not as a final instrument. A future Constitution for a sovereign Western Australia would ultimately require the consent of the people.
Read it carefully. Challenge it honestly. Share it widely.
Chapter 15
A New Nation’s Constitution
Opening Reflections
As Western Australia emerges from the shadows of federation, this Constitution crystallises the aspirations articulated throughout our inquiry—from the historical grievances over union in 1901 and the unheeded 1933 referendum's call for independence, to the economic blueprint for fiscal autonomy in Chapter 4. Here, we reclaim powers once surrendered to the Commonwealth, empowering a sovereign governance model that serves the People first. At its core stands a unicameral Congress, led by an elected President and supported by nominated Secretaries of state across eleven founding departments, from Treasury managing prudent budgets to Resources and Energy stewarding our mineral wealth. This streamlined structure, departing from bicameral traditions like Australia's Senate, integrates executive efficiency with devolved authority to local councils under subsidiarity principles outlined in Chapter 5, ensuring decisions remain close to those affected and countering centralisation's perils.
Parallel to this, revolutionary independent oversight bodies—embodying the manifesto's anti-corruption covenants in Chapters 12-14 and the fourth branch for human law (no longer human rights, but laws) in Chapter 9—provide citizen-led checks, correcting governmental stray before it entrenches. These mechanisms, unique in their proactive remedies, safeguard the supreme rights of man drawn from UDHR and ICCPR (Annexure D), including medical freedom and non-derogable protections against torture or arbitrary detention. Together, this framework resumes responsibilities borne adeptly pre-secession, forging a nation where Congress directs resources toward global prosperity while prioritising domestic needs.
Central to this endurance are constitutional mandates for unbridled self-sufficiency, transforming Western Australia's inherent abundances—iron ore exports exceeding $143 billion annually, agricultural outputs feeding nations with 40% of Australia's grain—into pillars of stability (Chapter 7). Domestic energy expansion from petroleum and solar secures independence, while broadened water capture, irrigation, and farming sustains exports and local resilience. An FX-backed currency (Chapters 6) diminishes past fiscal volatilities, writing away federal burdens like GST inequities that returned only 70 cents per dollar, ensuring present excesses do not indebt future generations. These opportunities, long denied under federalism's Loan Council constraints and redistribution skews, now find eloquent exposition in constitutional articles that solidify the labours of prior chapters into enduring law.
We invite all with a stake in Western Australia's future to undertake their civic duty: read these articles which articulate the Social Contract between Citizens and their chosen servants. Affirm your acceptance, seek clarifications, or propose refinements through ongoing discussions—this manuscript's very purpose—to secure prosperity not just for ourselves, but for our children and theirs.
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The Constitution of Western Australia
Preamble
In solemn remembrance of Western Australia’s secession referendum of 1933, and mindful of the long decades within the Commonwealth of Australia that have shaped and tested us, we, the People of Western Australia—heirs to the ancient lands and coasts of the west—now unite to found a sovereign and self-determined Nation. We honour the First Peoples—the Noongar, Yamatji, and custodians whose care for Country spans millennia across red deserts, rugged ranges, and turquoise seaways—acknowledging their enduring connection as a cornerstone of our shared life. Learning from our history’s aspirations and trials, we choose a future written by our own hand.
With the spirit of the outback rider galloping free across wide brown lands, through droughts and flooding rains, we affirm the liberty of every individual, the equal dignity of all, and justice under the rule of law. Like eucalypts blooming in autumn’s glow, we commit to representative self-government, honest stewardship of public power, and institutions that serve the People—city and bush, coast and inland—united in mateship and a fair go for all. As trustees of this land’s beauty and bounty, we pledge to conserve its riches for generations yet to come.
Open to the world yet rooted in our iron-rich soil, we declare our peaceful intent: to live in cooperation with all nations, to carry our share of global responsibility, and to foster prosperity and human dignity. With courage and hope, we hereby adopt and enact this Constitution as the supreme law of Western Australia, securing freedom, justice, and unity for the present age and posterity.
Founding Principles of Western Australia
In solemn affirmation of our Western heritage, forged in the Enlightenment's light and proven to uplift humanity through centuries of progress, we, the People of Western Australia, establish these Founding Principles to guide the interpretation and application of this Constitution. Rooted in individual freedoms—of thought, speech, inquiry, movement, religion, and the press—we champion a society of private property, market vitality, and families thriving in vibrant local communities that nurture social bonds, healthcare, education, and economic resilience, countering the pull of centralised power.
We embrace the virtues of separation of powers to avert tyranny; diversity of mind and experience to foster strength; grace in accepting human frailty, freeing the spirit from unproductive burdens; universality in ethics, science, art, and literature that transcends time and uplifts all; and personal expression to ignite innovation and growth. Observing history's lessons, we hold these truths self-evident: power corrupts, demanding vigilant decentralisation and citizen oversight; wealth concentrates naturally under capitalism, requiring balanced mechanisms that reward endeavour without stifling liberty; human creativity drives prosperity, warranting space for exploration amid seeming inefficiency; and decisions distant from consequences breed peril, thus favouring subsidiarity and local councils as the default.
All Western Australians stand equal under law, endowed from birth with inalienable rights to life and core freedoms, expanding in adulthood to civic duties like voting and stewardship of our shared legacy. Our unique human rights regime, with enforceable remedies and a fourth branch for integrity, ensures dignity trumps overreach. As trustees of iron-veined earth and turquoise shores, we pledge honest governance, medical freedom, and anti-corruption covenants, harmonising with our Preamble's call to liberty, mateship, and global peace.
These principles bind leaders, jurists, and citizens alike, securing Western Australia's enduring sovereignty for posterity.
Commencement Day means the day this Constitution enters into force: 1 January 2030
Title 1: Congress
Article 1—Unicameral Congress
Legislative authority is vested in a single-chamber Congress of Western Australia comprising fifty-nine (59) members, with one member elected from each of the electoral districts. Congress shall represent the people of Western Australia and is the sole national legislative body.
Article 2—Enumerated Powers of Congress
Congress may make laws only in the areas expressly enumerated in Annexure A. All national legislation must only be founded on an enumerated power. Congress has no authority beyond these heads of power, except that it may legislate strictly necessary measures to meet a formally declared national emergency, subject to oversight by the Citizens Oversight Committee (COC). Congress shall not enact any law permitting the digital or other surveillance of citizens except where a court has authorised such surveillance for a limited and defined national security or criminal law investigation.
Article 3—Subsidiarity & Lean Governance
In exercising its powers, Congress shall adhere to the principles of lean government and subsidiarity. National laws and programs must be limited to what is necessary for the peace, order, and good government of Western Australia, and matters that can be effectively handled by Local Councils or by the private sector should there remain as a priority. Congress shall not legislate in a manner that usurps Local Council or private sector responsibilities unless such legislation is essential. All powers and freedoms not expressly granted to the Western Australian Government remain with Local Councils or the People of Western Australia by default, and any ambiguity shall be resolved in favour of individual liberty and local autonomy.
Title 2: Legislative Process
Article 1—Public Exposure & Deliberation of Bills
Every Bill must be published as an exposure draft for public comment at least thirty days before a first reading, to allow transparency and citizen input. All Bills shall undergo at least two separate readings in Congress, with a minimum period of fourteen days between the first and final readings. A shorter exposure or expedited passage is permitted only for narrowly defined Urgent Bills addressing emergencies or essential budgetary matters. Urgent Bills require a special majority vote of four-fifths of the total membership of Congress to be enacted. All Congressional deliberations on Bills shall be open to the public.
Article 2—Independent Review & Certifications
No Bill may be passed into law without undergoing independent scrutiny for its financial, human rights, and integrity impacts. A fiscal analysis of each Bill’s costs and revenues shall be prepared by the Western Australian Reserve Authority (WARA) and provided to Congress before a final vote. An integrity assessment shall be prepared by the Western Australian Anti-Corruption Commission (WAACC) and provided to Congress before a final vote. A statement of compatibility with Human Rights shall be prepared by the Human Rights Tribunal (HRT) and provided to Congress before a final vote. Every Bill concerning public procurement, government contracts, political finance, or other matters of public trust, require an Integrity Certificate prepared by the Citizens Oversight Committee provided to Congress before a final vote. These expert reviews and certificates are to inform lawmakers and the public, and their absence or negative findings pause the legislative process until addressed.
Article 3—Special Majority Legislation Categories
Certain categories of legislation shall require more than a simple majority of Congress of no less than four-fifths of the total membership of Congress to be enacted, recognising their fundamental importance. In particular, any Bill that (a) changes national electoral laws, (b) grants or governs emergency powers, (c) regulates political donations, campaign finance or the functioning of political parties, (d) establishes or amends the core powers or independence of key integrity institutions including the Anti-Corruption Commission (WAACC), the Human Rights Tribunal, or the Citizen Oversight Committee, or (e) alters the framework of the WARA or the Sovereign Wealth Fund. Laws in respect of (d) and (e) also require a referendum approval and must achieve a “double majority”—a majority of the national popular vote and a majority of voters in a majority of the electoral districts must vote in favour.
Article 4—Presidential Assent & Veto Override
A Bill passed by Congress shall become law only after receiving the President’s assent. The President may refuse assent and return it to Congress with written reasons. Congress may override a regular presidential veto by re-passing the Bill with the support of at least three-quarters of all its members in a vote taken no sooner than fourteen days after the Bill’s return. However, if the President’s veto message certifies that the Bill unnecessarily expands government functions, bureaucracy or spending contrary to the Constitution’s lean governance principles, then the veto can be overridden only by a higher consensus, namely, at least four-fifths of all members of Congress, and only if the Citizens Oversight Committee formally concurs that overriding the veto is in the national interest.
Article 5—Citizen Referendum Safeguard
If, within sixty (60) days of a law’s commencement, a petition is lodged with Congress bearing verified signatures of at least ten percent (10%) of enrolled electors nationwide, including signatures from electors in at least one-half of all non-metropolitan electoral districts, with not less than five percent (5%) of enrolled electors signing in each counted district, the operation of that law is suspended upon the certification that these thresholds are met. A prompt referendum shall then be held, offering all citizens a yes/no vote on whether the law should take effect. The law will only commence if a majority of voters in a majority of electoral districts in the referendum approve it; otherwise, it is repealed by the popular vote. This citizen “circuit-breaker” mechanism shall not apply to annual appropriations or budget supply laws essential to the continuity of government services.
Title 3: Office Of The President
Article 1—Head of State & Executive Power
The executive power of Western Australia is vested in the President, who shall serve as both Head of State and Head of Government. The President’s powers and responsibilities are enumerated in Annexure B to this Constitution. All executive actions of the Western Australian Government are taken in the name of the President, who shall ensure that the Constitution and laws are faithfully observed.
Article 2—Duty of Lean Governance & Qualified Veto
The President has a fundamental duty to ensure lean and efficient government. He or she shall scrutinise all legislation and withhold assent from any Bill that, in the President’s considered judgment, unnecessarily expands government functions, increases public bureaucracy, or encroaches on areas where the private sector or local communities can perform effectively. This “lean governance veto” is an exercise of the President’s constitutional responsibility to prevent unnecessary government expansion and protect the subsidiarity principle. If the President vetoes a Bill on these grounds, the veto message shall explicitly state that the Bill violates the efficiency or subsidiarity mandates or involves unnecessary expansion under this Constitution. Such a vetoed Bill shall not become law unless the override conditions in Title 2 Article 4 are met. In carrying out this duty, the President shall act as a steward of the public trust to keep the central government focused, affordable, and limited to its necessary roles. In all events the President must assent or veto a Bill within 30 days of being presented.
Article 3—Oversight of Executive Administration
The President shall supervise and direct the operations of the national executive government and its departments to ensure faithful execution of the laws. The President appoints and may require reports from the Secretaries of each executive department, and shall hold them accountable for performance, legality, and alignment with national policy. It is the responsibility of the President to co-ordinate the work of all executive agencies, to eliminate waste and duplication, and to ensure that government services are delivered effectively. The President may, in accordance with this Constitution and law, issue directives or executive orders to the departments to carry out policies consistent with Acts of Congress. All executive authorities and their personnel answer to the President’s leadership. Regular oversight mechanisms including reports to Congress, appearances by Secretaries before Congressional committees, and cooperation with the Citizens Oversight Committee and Western Australian Anti-Corruption Commission and Human Rights Tribunal, shall be respected and facilitated by the President to maintain accountability in governance.
Article 4—Vice President
1. Election and Term. Each candidate for President shall, before close of nominations, designate a Vice President. If elected, the Vice President holds office with the President for the same four-year term. The Vice President may not sit in Congress but may be invited to address Congress.
2. Eligibility. The Vice President must meet the same eligibility requirements as the President under Title 5, Article 1(1).
3. Functions and Duties. The powers and authority of the Vice President shall be those powers and authority of the President delegated to the Vice President by the President. In all other respects, it shall be the duty of the Vice President to assist, aid, support, and facilitate the President in the discharge of his or her duties and the performance of his or her office, including but not limited to advising on matters of executive authority, foreign affairs, defence, and national policy; representing the President in ceremonial or diplomatic capacities; and undertaking specific assignments related to the oversight of executive departments or emergency preparedness.
4. Succession to Presidency. If the office of the President becomes vacant due to removal, death, or resignation, the Vice President shall immediately become President for the remainder of the term and shall take the Oath of Office without delay. The new President shall then nominate a new Vice President in accordance with the vacancy provisions of this Article.
5. Filling Vacancies. If the office of Vice President becomes vacant due to succession, removal, death, or resignation, the President shall nominate a successor who meets the eligibility requirements under this Article. The nominee shall take office upon confirmation by a majority vote of all Members of Congress, following any required hearings or integrity checks as provided by law. If Congress is not in session, the President may make a recess appointment, which shall expire at the end of the next session unless confirmed.
6. Temporary Assumption of Presidential Powers—Voluntary Transfer. The President may, at any time, transmit to Congress a written declaration of inability to discharge the powers and duties of the office. Upon receipt of such declaration by Congress, the Vice President shall immediately assume the powers and duties of the office as Acting President. The President may resume the powers and duties by transmitting to Congress a written declaration of recovery. Upon receipt of such declaration, the President shall immediately resume the powers and duties, unless contested under the involuntary provisions of this Article.
7. Temporary Assumption of Presidential Powers—Involuntary Declaration. The Vice President, together with a majority of the Secretaries heading the principal departments, may transmit to Congress a written declaration that the President is unable to discharge the powers and duties of the office. Upon receipt of such declaration by Congress, the Vice President shall immediately assume the powers and duties of the office as Acting President. Congress shall convene within forty-eight hours if not already in session to consider the matter.
8. Resolution of Disputes. If the President transmits to Congress a written declaration contesting an involuntary declaration of inability, the Vice President shall continue to discharge the powers and duties as Acting President. Congress shall, within twenty-one days of receiving the President’s contesting declaration, decide the issue by vote. If Congress determines by a two-thirds vote of all Members that the President is unable to discharge the powers and duties, the Vice President shall continue as Acting President. If Congress fails to sustain the declaration by such vote or fails to vote within the twenty-one-day period, the President shall immediately resume the powers and duties of the office.
Title 4: Appointment and Oversight of Secretaries
Article 1—Selection & Confirmation of Secretaries
The President shall nominate a Secretary to lead each principal executive department of the Nation. Secretaries shall be chosen on the basis of their department-centric expertise, merit, and integrity, and must be citizens eligible to hold high public office. To ensure separation of powers, no sitting member of Congress may serve as a Secretary. Each nominated Secretary must be confirmed by Congress before assuming office. Confirmation shall require an affirmative vote by a majority of the Congress, after the nominee has been subject to any required Congressional hearings or integrity checks. Congress shall establish a fair and prompt confirmation process, including public hearings before the relevant departmental oversight committee, to assess the nominee’s qualifications and any potential conflicts of interest. Once confirmed and sworn in by the President, a Secretary begins the duties of that office for the term of the President.
Article 2—Accountability & Oversight of Secretaries
Secretaries are accountable to both the President and Congress for the performance of their departments. Each Secretary is responsible for administering their department’s portfolio in accordance with the Constitution and laws, and for advancing the policies set by the President within their domain. Secretaries must regularly report to Congress on their department’s activities, budget expenditures, and outcomes. Congress shall establish standing departmental oversight committees empowered to summon Secretaries for testimony, require the production of documents, and evaluate departmental performance and compliance with law. Secretaries have a duty of candour and transparency when dealing with oversight bodies and must disclose any significant issues, failures, or irregularities in their departments. If a Secretary willfully misleads Congress, fails to comply with the law, or is grossly ineffective or corrupt in office, he or she may be subjected to investigation by the appropriate oversight bodies including the WAACC for corruption matters, and to removal mechanisms as provided in Article 3 of this Title or by general law.
Article 3—Tenure & Removal of Secretaries
Secretaries serve at the pleasure of the President. The President may dismiss any Secretary at any time, for any reason or no stated reason, as an exercise of executive prerogative to ensure the effective functioning of the administration. The President shall promptly notify Congress of the removal of a Secretary and the reasons for that decision, unless national security concerns justify limited disclosure. In addition to Presidential removal, Congress retains the power to hold Secretaries accountable for misconduct: a Secretary may be removed through impeachment proceedings or disciplined or other mechanisms provided by law if he or she commits a serious violation of the law or abuse of public trust. Impeachment of a Secretary shall require substantial evidence of serious wrongdoing and a vote of no less than four-fifths of the total membership of Congress. The removal or resignation of a Secretary shall not absolve that person from legal liability for any unlawful acts committed in office.
Article 4—Founding Departments
The principal executive departments of Western Australia at the commencement of this Constitution shall be the eleven (11) Founding Departments listed in Annexure C. Each Founding Department is headed by a Secretary and covers a broad functional area of national administration. The number of core departments shall not exceed eleven (11) without explicit authorisation as described in Article 5. The President may by executive order rename, consolidate or internally reorganise these departments for operational efficiency, provided that such changes do not create new principal departments beyond the authorised number or fundamentally alter the scope of powers as set by law. All such changes must be reported to Congress and remain subject to Congressional approval and legislation.
Article 5—Creating or Altering Executive Departments
Any proposal to establish an additional principal department shall require an extraordinary level of approval. No new executive department may be created unless the proposal is passed by at least four-fifths of the total membership of Congress and is thereafter approved by the People of Western Australia in a referendum. The referendum approving a new department must achieve a “double majority”—that is, a majority of the national popular vote and a majority of voters in a majority of the electoral districts must vote in favour.
Title 5: Elections & Candidacy Requirements
Article 1—President: Eligibility & Ballot Access
1. The President must be a natural-born citizen of Western Australia, not hold dual citizenship at nomination or while in office, be at least 35 years of age, and have at least 15 years lawful residence in Western Australia.
2. Ballot access requires a petition to the Independent Electoral Commission with 20,000 verified signatures of enrolled electors nationwide, including signatures from electors in at least one-half of all non-metropolitan electoral districts, with not less than five percent (5%) of enrolled electors signing in each counted district, as classified by the Commission at the last general election.
3. No nomination may require endorsement by an incumbent, a political party, or any officeholder.
4. A person may only be elected to serve as President for no more than two terms. Each term shall be for four years.
Article 2—Congress: Eligibility & Ballot Access
1. A member of Congress must be a citizen of Western Australia, not hold dual citizenship at nomination or while in office, be at least 35 years of age, and have at least 15 years lawful residence in Western Australia.
2. A candidate for a district seat must be an enrolled elector of that district and have been in residence and domiciled in the district at least 5 years.
3. Ballot access for a district seat requires 100 verified nominators who are enrolled electors of that district and a $WAT 2,000 deposit, refundable upon receiving more than 10% of the formal votes cast in that district.
4. No nomination may require endorsement by an incumbent, a political party, or any officeholder.
5. A person may only be elected to serve in Congress for no more than two terms. Each term shall be for four years.
Article 3—Further Exclusions & Rulemaking
1. Congress may by law prescribe objective and reasonable grounds of ineligibility or exclusion, consistent with best international standards and practice, on recommendation of the COC and with COC approval.
2. Any such law must be necessary to protect electoral integrity and proportionate and must provide for prompt review by an independent tribunal or court.
Article 4—Congress Voting System
1. Members of Congress are elected in single-member districts (59).
2. Ballot. Voters may mark 1, 2, 3, … for as many or as few candidates as they choose; a ballot showing a single “1” is valid.
3. Counting (Instant Runoff Voting). If no candidate has more than 50% of continuing ballots, the lowest-polling candidate is excluded and each affected ballot is transferred at full value to the highest next available preference. The process repeats until a candidate attains a majority of continuing ballots.
4. Exhausted ballots. A ballot with no further available preference at any stage is exhausted and is not counted in later rounds.
5. Administration. An Independent Electoral Commission shall prescribe ballot form, scrutiny, recounts, tie-breaking, and publication of results consistent with this Article.
6. Declaration. The elected ticket is declared Congressman/Congresswoman-elect and assumes office as provided by law, upon taking their Oath of Office.
Article 5—Presidential Election Voting System
1. Ballot and ticket. The President and Vice President are elected on a single national ballot as a paired ticket (per Title 3, Art 4(1)). Voters may mark 1, 2, 3, … for as many or as few tickets as they choose; a ballot showing a single “1” is valid.
2. Counting (Instant Runoff Voting). If no ticket has more than 50% of continuing ballots, the lowest-polling ticket is excluded and each affected ballot is transferred at full value to the highest next available preference. Repeat until a ticket attains a majority of continuing ballots nationwide.
3. Exhausted ballots. A ballot with no further available preference at any stage is exhausted and is not counted in later rounds.
4. Tie-break. If the final round is tied: (a) the ticket with the higher total of first-preference votes is elected; if still tied, (b) the ticket with the greater number of district first-preference pluralities is elected; failing that, (c) the Independent Electoral Commission shall determine the result by lot.
5. Administration. An Independent Electoral Commission shall prescribe ballot form, scrutiny, recounts, and publication of results consistent with this Article.
6. Declaration. The elected ticket is declared President-elect and Vice-President-elect and assumes office as provided by law, upon taking their respective Oath of Office.
Title 6: International Obligations and Treaties
Article 1—Limits of Treaty Power
The making of treaties or international agreements by Western Australia’s government shall not be used to expand the legislative powers of Congress beyond the bounds set by this Constitution. No treaty, convention, or other international instrument can confer upon Congress any new law-making authority that it does not otherwise have under Annexure A or other provisions of this Constitution. In domestic law, treaties shall have effect only through legislation duly enacted by Congress under an enumerated power. Any law made to fulfil an international obligation must still fall within Congress’s constitutional powers and is subject to all constitutional limits. If a treaty provision touches on matters outside Congress’s jurisdiction, it shall not be given legal effect unless and until this Constitution is amended to allow it. In sum, while Western Australia may responsibly engage with the international community and honour its commitments, such commitments cannot be used to override or circumvent the constitutional distribution of powers or protections of citizens.
Article 2—Sovereignty in International Organisation Membership
Western Australia’s participation in international or supranational organisations is to be approached with caution and with due regard to national sovereignty and the will of the People. The government may join or remain a member of only those international organisations that are consistent with Western Australia’s constitutional principles and enumerated powers, and that do not infringe upon the nation’s sovereign right to self-government. Any proposal for Western Australia to join a new international organisation or alliance which entails significant obligations or commitments beyond routine cooperation shall require the approval of Congress by law and must be submitted to the People for approval in a referendum. Membership in an organisation that would impose binding rules or policies on Western Australia in areas beyond the national powers enumerated in this Constitution shall have no effect unless the People have expressly agreed to such terms. This means, for example, that joining any political or economic union that could make laws for Western Australia, or any defence alliance that could obligate Western Australia to act, must be endorsed by a referendum achieving a “double majority”—that is, a majority of the national popular vote and a majority of voters in a majority of the electoral districts must vote in favour. All international engagements must be transparent, and treaties or membership agreements shall be tabled in Congress for scrutiny. In every case, the primacy of the Western Australian Constitution and the direct consent of its People remain paramount when engaging internationally.
Title 7: Digital Identity and Civil Registry
Article 1—Prohibition of National Digital Identity
Congress shall not establish or impose any universal national digital identity system or biometric identification registry of the population. Any attempt to create a nationwide system that electronically tracks or verifies individuals across all aspects of life is prohibited. This does not prevent the use of voluntary identity documents for specific purposes.
Article 2—Permissible Civil Register and Sectoral IDs
The government may maintain a basic civil registry for limited civic purposes, and it may provide or recognise sector-specific identification mechanisms, with appropriate safeguards, to ensure effective governance, provided the information collected is limited to what is necessary and is protected by strong privacy laws. Government departments and authorised bodies may also issue sectoral identification documents or numbers strictly for their respective services, but each of these identifiers must be confined to its specific context and not serve as a de facto national ID. Sectoral IDs shall not be unified into a single tracking system, nor shall data from different sectoral IDs be combined to profile individuals without their consent and due process.
Title 8: Lean Governance
Article 1—Mandatory Sunset Clauses
All Acts of Congress must include, without exception, a sunset provision that the Act will automatically expire and cease to have effect after five years of operation unless renewed by Congress. An independent review shall be conducted before the renewal of any sunsetting Act by the Citizens Oversight Committee to assess whether the law remains necessary, efficient, and effective in serving the public interest. That review’s findings must be presented to Congress and made public. If the COC determines a sunsetting Act to no longer be necessary or efficient or effective, Congress is expected to let the Act expire or amend the Act to make it necessary, efficient, and effective in serving the public interest. All standing programs established by law are also subject to performance evaluation: all major continuing programs must define clear Key Performance Indicators or metrics of success within the Acts establishing them prior to assent by the President, and if a program subsequently fails to meet its objectives over two successive review cycles, its funding and authority shall be immediately suspended pending a specific Congressional vote to repeal the enabling Act or reform the enabling Act providing for the standing program.
Article 2—Necessity & Efficiency Statements
Every Bill introduced in Congress must be accompanied by a Statement of Necessity and Efficiency prepared by its proposers. This statement must plainly explain why the proposed government action or intervention is essential and cannot be achieved adequately by existing means or by the private sector or Local Councils. It shall include a “Market Alternatives Assessment,” describing any non-governmental solutions to the issue and why they are insufficient or less suitable than the proposed government action. The statement must also detail the expected outcomes of the Bill, how it will solve the identified problem, and why these outcomes cannot be accomplished without enacting new law. Congress shall develop with the Citizen Oversight Committee, and revise annually, standard guidelines for these statements to ensure they are concise, factual, and focused on the core question of “Why must the government do this?”. By constitutional design, no expansion of government activity shall occur without this question being asked and answered.
Article 3—Efficiency Commissions
At the inception of every Presidential term, a comprehensive Government Efficiency Commission shall be convened composed of non-partisan private sector experts appointed by the President, to review the structure and performance of each executive department and major statutory program. The Commission’s mandate is to identify functions, services, and contracts that could be eliminated, streamlined, or transferred to the private sector or local councils for better outcomes. The Commission will produce a public report with recommendations. The President and Congress are required to formally consider these recommendations: within a set time after the report, the President shall respond with an action plan, and Congress shall hold hearings and, where appropriate, enact reforms.
Article 4—Private Sector Preference
In furtherance of minimal government and encouragement of enterprise, there is a constitutional presumption that if a service or function can be effectively performed by the private sector or civil society, it should not be undertaken by the Western Australian Government.
Article 5—No Unfunded Mandates
The Western Australian Government shall not impose new obligations, duties, or responsibilities on Local Councils or other public bodies without providing the resources necessary to fulfill those obligations.
Title 9: Referendums
Article 1—Referendum Mechanism
Congress shall establish and maintain a national referendum system to enable the People’s direct exercise of sovereignty on constitutional amendments or other questions requiring a public vote. This system must be secure, timely, and cost-effective. The total cost per voter of conducting a referendum, including associated government information campaigns in respect of each referendum, must be kept low to not burden the public finances. As a benchmark, total direct and indirect cost should not exceed five Western Australian Talents (~$WAT 5) per eligible voter per annum.
Title 10: Universal Royalty Rate and Taxation
[Chapters 3&4]
Article 1—Enumerated & Limited National Taxing Power
1. The Western Australian Government may levy taxes only as expressly authorised by this Article. All other forms of taxation are prohibited.
2. For the avoidance of doubt, no law may impose a tax on personal income, wages, salaries, dividends, interest, capital gains, or corporate profits. Any such law is void.
3. Unified Property Rates System (UPRS). Property rates on land shall be levied and collected nationally under a uniform, unimproved-land-value base.
(a) A Local Services Share of UPRS receipts shall be credited directly to Local Councils under a law establishing objective, transparent funding formulas, with at least annual publication and audit.
(b) No Council may levy a general property rate in addition to the UPRS. A Council may impose special rates or charges for a specified local work, service, or facility within its district, where (i) the charge is proportionate to special benefit, and (ii) ratepayers affected approve by the threshold prescribed by law.
(c) The National Valuer determines valuations for UPRS purposes under uniform rules; appeals lie to the courts as provided by law.
(d) For the avoidance of doubt, Local Councils are statutory authorities of national law with devolved service functions; their financing is primarily through the Local Services Share and such grants as Congress provides.
Article 2—Zero-Income-Tax Guarantee
Western Australia is a zero-income-tax nation. Neither the People nor businesses shall be taxed on income or profits.
Article 3—URR Fiscal Primacy & WARA Collection
1. The Universal Royalty Rate (URR) is the primary revenue instrument of the Nation and shall be collected and verified in real time by the Western Australian Reserve Authority (WARA), credited to the Consolidated Fund.
2. URR receipts are applied first to fund essential national services and constitutional functions. Analyses underpinning the fiscal design inform but do not bind the constitutional rule.
3. Explanatory Note. For fiscal-feasibility modelling, a base Universal Royalty Rate of twenty per cent (20%) applied to an indicative resource-sales envelope yields ~A$48 B in annual receipts (2026). This Constitution establishes URR fiscal primacy but does not entrench a numerical rate; the 20% figure is a modelling assumption to guide policy, subject to future calibration by law consistent with this Title’s transitional architecture (Articles 4–5).
Article 4—Transitional, Broad-Based, Non-Regressive Tax Bases
1. Where URR receipts are temporarily insufficient to fund the Essential Budget, Congress may, by a Special Majority Act, enact only:
(a) a general consumption tax (e.g., GST);
(b) the UPRS described in Article 1(3), including the Local Services Share to Councils;
(c) selective excises on luxury or harmful goods and services.
2. Any instrument under subclause (a) or (c) above must include regressivity safeguards (exemptions/rebates for basic food, essential medicines, primary residences up to a protected threshold, and low-income households).
3. Rates, bases, exemptions, rebates, valuation rules and the Local Services Share formula must be stated in a Special Majority Act and may not be expanded by delegated legislation.
Article 5—Transitional Taxes & Surplus Allocation
1. Net-URR Coverage Ratio (NUCR) is defined as: URR receipts over the prior 12 completed quarters ÷ Essential Budget over the same period.
2. Transitional taxes under Article 4 shall be maintained as the basic tax structure to ensure ongoing fiscal stability and funding requirements, including the guaranteed Local Services Share to Local Councils under the Unified Property Rates System (UPRS).
3. Where the WARA certifies that the NUCR has exceeded 1.0 over a sustained period prescribed by law, indicating surplus URR receipts exceeding Essential Budget requirements, such surpluses shall be allocated first to the Sovereign Wealth Fund (SWF) under Title 12, as certified by the WARA.
Article 6—WARA Remittance Hierarchy & Sovereign Wealth Fund Priority
1. Until all Article 4 taxes are fully abolished under Article 5, no WARA surplus may be transferred to the Sovereign Wealth Fund (SWF) except to the minimum stabilisation tranche provided by Title 12: The Currency of Western Australia.
2. Once Article 4 taxes are fully abolished, enduring WARA surpluses are remitted to the SWF in accordance with Title 12 and invested for inter-generational equity and macro-stabilisation.
3. This Article prevails over any inconsistent law or fiscal directive.
Article 7—Rate Caps, Uniformity & Non-Duplication
1. Taxes under Article 4 must be uniform across Western Australia unless the Special Majority Act provides an objective equalisation mechanism.
2. Double charging is prohibited: no public authority may impose a second general property rate on the UPRS base. Special local rates/charges permitted by Article 1(3)(b) are not a duplication.
3. Congress shall not hypothecate debt service as a ground to re-impose any tax on income or profits.
Article 8—Transparency, Real-Time Verification & Audit
1. The WARA shall publish real-time URR and tax dashboards (MonetaNet) and monthly ledgers of Article 4 receipts, exemptions, and rebates, machine-readable and freely accessible.
2. Annual independent audit is mandatory; the Western Australian Anti-Corruption Commission (WAACC) has full investigatory access to systems and flows.
3. Any citizen or legal person has standing to seek judicial review of compliance with Articles 3–7.
Article 9—COC-Centred Emergency Revenue Clause
1. In a declared national emergency under the COC, Congress may, by a two-thirds vote of the total membership, temporarily suspend the phase-down schedule in Article 5 or apply a surcharge to an Article 4 instrument.
2. Any such measure:
(a) must be narrowly tailored and may not tax income or profits;
(b) expires automatically after 180 days, renewable once for a further 180 days by a two-thirds vote;
(c) is subject to immediate Human Rights Tribunal (HRT) and judicial review.
3. Upon expiry, Article 5 resumes its automatic operation.
Article 10—Tax Innovation Lock & Referendum for New Bases
No new category of national tax beyond those enumerated in Articles 3–4 may be enacted except by:
(a) a four-fifths vote of Congress and concurrence of the COC; and
(b) approval at a national referendum by an affirmative vote of four-fifths of electors.
Article 11—Definitions
1. Essential Budget means the annually appropriated outlays for constitutionally required national functions, as certified by the Auditor-General under law.
2. Transitional tax means a tax authorised solely by Article 4.
3. URR means the constitutionally prescribed royalty charge levied on the value of resource production as provided by law, collected by the WARA with real-time verification.
4. MonetaNet means the national public ledger and disclosure platform operated or commissioned by the WARA.
5. Special Majority Act means an Act:
(a) passed by at least two-thirds of the total membership of Congress (vacant seats counted against the tally);
(b) assented to in the ordinary manner; and
(c) not amendable by delegated legislation.
An Act that states on its face that it is a Special Majority Act and records the final vote satisfies paragraph (a).
6. Unified Property Rates System (UPRS): the nationally administered property-rates regime on unimproved land value with uniform valuation rules, national collection, and crediting of the Local Services Share to Councils.
7. Local Services Share: the hypothecated portion of UPRS receipts distributed to Local Councils according to formulae set by law and published annually.
8. Local Council: a local government body constituted by national law, with powers and functions as devolved by Congress.
9. Special rates or charges: a levy by a Council to fund a defined local work, service, or facility that confers a special benefit within the district, subject to approval thresholds set by law.
Article 12—Entrenchment & Judicial Enforcement
1. Articles 1–11 are entrenched. Any inconsistent law or executive instrument is ultra vires and of no effect.
2. Amendments to Articles 1–11 require the process in Article 10(1).
3. Courts shall give these provisions a purposive interpretation favouring: (a) zero income taxation; (b) URR fiscal primacy; (c) non-regressive, temporary taxation only where strictly necessary; and (d) automatic phase-out toward a tax-free citizenry.
Title 11: Local Councils
[Chapter 5]
Article 1—Continuity of Local Government Law
1. The Local Government Act 1995 (as it stood immediately before Commencement Day) continues as the law of Western Australia, subject to the Constitution and to amendment or repeal by Congress in conformity with the Constitution.
2. All Local Councils, districts, by-laws, officers, assets, liabilities, proceedings, delegations, rates and elections continue unaffected.
3. Congress shall revise the Local Government Act within a reasonable period to align it with this Constitution while preserving institutional continuity.
Article 2—Constitutional Status & Purpose of Local Councils
1. Local Councils are bodies politic established by law for the self-government of communities within defined districts.
2. Their purposes are to: (a) deliver local public services including education and health services; (b) plan and manage local infrastructure and amenity; (c) promote community wellbeing, safety and environmental stewardship; (d) administer local regulation; and (e) represent community interests to the Western Australian Government and other bodies.
3. Within their constitutional functions, Councils enjoy institutional autonomy and are accountable to their electors and the law.
Article 3—Principle of Subsidiarity & Devolution
1. Public functions shall be allocated to the lowest competent level of government, closest to the people, unless demonstrably requiring national scale, externality management, or uniformity.
2. Devolution is the default: where a function can be effectively delivered by a Council under national minimum standards, it shall be devolved.
Article 4—Devolution Mandate & Schedule
1. Congress shall enact a Devolution Act that establishes a standing Functional Allocation Framework and a Devolution Schedule specifying phased transfer of functions from national (formerly State government, pre-independence) ministries and agencies to Councils.
2. The responsible Secretary must table the Initial Devolution Schedule within 180 days of Commencement Day, with phases and dates certain. Any function classified “local in character” in the Framework is deemed devolved on its scheduled date unless Congress disallows by a two-thirds majority with published reasons.
3. A Council demonstrating readiness may petition for early assumption of a scheduled function; approval is by the Secretary responsible, with reasons published.
4. The Devolution Schedule must eliminate administrative duplication and reduce national-level personnel commensurate with the transfer.
Article 5—Minimum National Standards; Methods Left Local
1. Congress shall set outcome-based minimum standards for devolved services (including accreditation, safety, quality, access and timeliness) and establish an independent Standards and Audit Office to monitor compliance through digital reporting.
2. Councils choose methods and delivery models to meet those outcomes. Congress shall not prescribe operating methods except where necessary for safety or interoperability.
Article 6—Funding, Rates & Collection (Anti-Duplication)
1. Councils may impose special rates or charges for specified local works/services and service charges within their districts, subject to law, and consistent with Title 10.
2. To eliminate duplication and lower cost, Congress may provide for centralised collection of council rates and land-based charges by the WARA as agent for Councils. Amounts collected shall be credited in full, at least daily, to each Council’s ring-fenced account; any service fee must be cost-based and transparent.
3. No double-charging: where a national land-based tax or charge is imposed on the same base, law must provide automatic credits, offsets or revenue-sharing so that (a) households and businesses are not charged twice on the same base, and (b) Councils are not financially disadvantaged.
4. Funds standing to the credit of a Council are ring-fenced and shall not be appropriated for national purposes save by a law of general application that ensures the Council is no worse off under a published formula.
Article 7—Grants, Equalisation & Fair Access
1. Congress shall maintain a transparent, formula-driven Local Services Grant system to ensure capacity to meet minimum standards in all districts, with weightings for population, remoteness, disadvantage and infrastructure backlog.
2. Grants are unconditional as to method but conditional as to outcomes and reporting.
3. Any structuring intended to evade grant conditions or obscure end-use is unlawful.
Article 8—Budget Autonomy; Prohibition on Parallel Administrations
1. Councils set their budgets, rates, plans and implementation strategies, subject to minimum standards and audit.
2. On and from each Devolution Schedule date, any parallel national administrative unit for that function shall be wound down within a reasonable period and its employees, assets and contracts re-allocated under Article 10.
Article 9—Digital Interoperability & Open Data
1. The Western Australian Government shall provide and maintain a shared digital backbone for payments, permits and records to which all Councils shall connect; standards shall be open and machine-readable, and privacy protected by law.
2. Council budgets, contracts and performance data for devolved functions shall be published to the national FOI portal in near real time to enable public scrutiny and oversight.
Article 10—Transitional Employment & Assets
1. Employees substantially engaged in devolved functions shall be offered transfer to Councils on terms and conditions no less favourable, with portable entitlements. Where roles are redundant, fair severance shall be provided by law.
2. Assets, liabilities, records and contracts necessary for devolved functions vest in Councils by operation of this Constitution or by Allocation Order under the Devolution Act.
Article 11—Emergency Assistance & Temporary Re-Assumption
1. In a declared emergency under the Citizens Oversight Committee, the Western Australian Government may temporarily assume direct control of specified devolved functions for the minimum period necessary, not exceeding 90 days without Congressional renewal; actions must be proportionate and are subject to post-event audit and judicial review.
2. On cessation, control, assets and unspent funds revert to Councils, with full reconciliation.
Article 12—Periodic Review & Entrenchment
1. The Functional Allocation Framework shall be reviewed at least every five years by a congressional committee with citizen representation; recommendations shall be tabled and responded to within 60 days.
2. The principles of subsidiarity, anti-duplication, ring-fencing of Council funds and formula-based equalisation are entrenched; a law substantially derogating from them has no effect unless enacted by the extraordinary majorities prescribed for constitutional amendments.
Article 13—Purpose & Scope of Congressional Oversight
1. Each Member of Congress holds a narrow fiscal guardianship over local councils within their electorate to uphold legality, prevent material waste or fraud, and ensure compliance with conditions attached to national grants. Where a local council overlaps electoral districts, the electoral district containing most of the land area of the council shall be responsible for fiscal guardianship.
2. Oversight is not execution: Members of Congress must not award contracts, direct council staff, or substitute policy preferences for those of elected councils. Intervention is exceptional and proportionate.
Article 14—Grounds & Emergency Freeze
1. A Congress person may object to a council budget, by-law, procurement, or disbursement only on recorded evidence of: (a) illegality/ultra vires; (b) material misstatement or omission at or above statutory thresholds; (c) fiscal risk likely to cause structural deficit beyond a set ratio; (d) breach or evasion of grant ring-fencing; (e) corruption or maladministration.
2. A Congress person may issue a 7-day Emergency Spending Freeze (ESF) where irreversible loss or illegality is imminent, subject to Local Governance Review Tribunal (LGRT) review confirming, amending, or nullifying the ESF.
Article 15—Procedure & Transparency
1. A Congress person must issue a Reasoned Objection Notice within statutory time limits, stating grounds, evidence, and remedy sought after issuing an ESF.
2. All objections, evidence, LGRT outcomes, and freeze orders must be published within 48 hours on the FOI portal, with only strictly necessary redactions provided by law.
Article 16—Local Governance Review Tribunal
1. Establishment & Status. A Local Governance Review Tribunal (LGRT) is established as an independent tribunal of the Western Australian Government, exercising judicial powers of review within its statutory remit. The LGRT’s secretariat forms part of the administration of the Western Australian courts, as prescribed by law, without prejudice to the LGRT’s decisional independence.
2. Jurisdiction. The LGRT has original jurisdiction to determine objections and referrals under Articles 14–15 and related laws, including orders to prohibit, modify, surcharge, or claw back unlawful or wasteful council expenditures or decisions; to confirm, vary or set aside Emergency Spending Freezes; and to make ancillary or consequential directions.
3. Composition & Appointment. The LGRT shall consist of a Chair and not fewer than four (4) Members, appointed by the President on a shortlist nominated by the Citizens Oversight Committee (COC) and vetted for integrity and conflicts in accordance with law. Members must be acknowledged experts in Local Council administration or allied fields (local government law, public finance, procurement, audit, infrastructure delivery). Terms are staggered and fixed for a period of four years; a maximum of three terms only can be served by a Chair or Member; remuneration and conditions shall not be reduced during tenure.
4. Independence & Removal. Members act impartially and shall not be directed by any person or authority. Removal is only for proved misbehaviour, gross incompetence, or permanent incapacity, on address to Congress following an open hearing, or by order of a superior court on application as prescribed by law.
5. Procedure & Timelines. Proceedings are fast-tracked, with time-limits for filing, evidence exchange, hearing, and decision fixed by law. The LGRT may receive evidence on affidavit, hold remote hearings, and adopt inquisitorial case-management where appropriate, consistent with natural justice.
6. Powers. The LGRT may issue interim and final orders, require production of information, summon witnesses, compel attendance and testimony under oath, and award costs on a principled basis. Orders are binding on all persons and authorities, including Congress persons and Councils, and take effect on publication unless stayed by the LGRT for stated reasons.
7. Funding. The LGRT shall have a guaranteed, non-lapsing appropriation charged on the Consolidated Fund, sufficient for effective discharge of its functions; administrative support is provided through the court administration, with a separately identified budget line.
8. Publication & Transparency. Decisions with reasons must be published promptly, with necessary and narrow redactions for privacy or legitimate confidentiality.
9. Review. Appeals lie on questions of law to the Constitutional Court within a short, fixed period, consistent with Article 17. No appeal or review operates as a stay unless ordered by the LGRT or the appellate court.
Article 17—Citizen Triggers, Appeals, and Metrics
1. Citizen petitions to the LGRT are available at low thresholds set by law.
2. Appeals lie on questions of law to the Constitutional Court within a short, fixed period.
3. The FOI Commissioner maintains a public dashboard; the Auditor-General reports annual metrics to Congress.
Article 18—Definitions
For the purposes of this Title:
Council or Local Council means a local government constituted under the Local Government Act 1995 as continued by this Constitution.
Devolution Act means a law enacted under Article 4 establishing the Functional Allocation Framework and Devolution Schedule.
Functional Allocation Framework means the criteria and methodology for allocating public functions between the Western Australian Government (WAG) and Councils.
Devolution Schedule means the phased timetable or instrument transferring specified functions to Councils.
Standards and Audit Office means the independent body established by law to monitor compliance with outcome-based minimum standards for devolved services.
Ring-fenced means legally segregated funds held for a Council that are not available for national appropriation except as expressly permitted by a law of general application that ensures the Council is no worse off under a published formula.
Western Australian Reserve Authority (WARA) means the independent authority established by this Constitution to receive and verify URR and perform functions assigned by law.
COC means the Citizens Oversight Committee established by this Constitution.
FOI portal means the national public-access platform for proactive disclosure and records publication as provided by law.
Title 12: The Currency of Western Australia
[Chapter 6]
Article 1—Currency & Legal Tender
The official currency of Western Australia is the Western Australian Talent (WAT). The sole issuer of the WAT shall be the Western Australian Reserve Authority (WARA), an independent authority established under this Constitution. The WAT shall be the sole legal tender for all debts, public and private, within Western Australia, subject to the transitional provisions in Article 15.
Article 2—Rule-Bound Issuance
The WAT shall initially operate under a currency board model with 100% coverage of the monetary base by eligible foreign exchange reserves. All currency in circulation must be fully backed by verified eligible FX reserves. The money supply may expand or contract only against net inflows of eligible FX reserves according to non-discretionary rules prescribed by law, anchored in reserve coverage and public-interest stability objectives. This prohibits unbacked issuance or deficit monetisation.
Article 3—Western Australian Reserve Authority
1. Establishment & Independence. The Western Australian Reserve Authority (WARA) is established as an independent monetary authority to issue the WAT solely against inflows of eligible FX reserves (AUD, USD, RMB, JPY or other determined currencies) in a currency board style, maintaining 100% coverage of the monetary base initially. Decisions shall be non‑partisan, transparent, and auditable as prescribed by law. The WARA's functions under this Title shall be exercised consistently with its duties under Title 10: Universal Royalty Rate and Taxation.
2. Governance. The WARA shall be governed by a board of seven members nominated by the Citizens Oversight Committee (COC) and confirmed by Congress. At least three members shall possess expertise in monetary policy, and two in financial technology, to ensure competent oversight of issuance, reserves, and MonetaNet. Terms shall be staggered, with initial appointments of three, five, and seven years, thereafter seven years, to promote continuity. Removal of board members requires demonstrated cause, such as misconduct or incompetence, proven by a four-fifths vote of Congress upon COC recommendation, safeguarding independence from political interference.
Article 4—Budget Financing from URR
1. Cap on Year‑on‑Year Growth. Total releases by the WARA to finance the Western Australian Government’s annual appropriations must not exceed one hundred and five percent (105%) of the amount released in the immediately preceding financial year.
2. WARA Gatekeeping Within the Cap. The WARA must refuse any submission that would breach clause 1 above. Further, even where a proposed budget is within that cap, the WARA has absolute discretion—subject only to clause 3 below—to disallow, in whole or in part, any requested increase over the prior year; a partial disallowance reduces the authorised ceiling accordingly, and disallowed items have no effect until resubmitted and accepted.
3. Override in Extraordinary Circumstances. Congress may authorise a temporary exceedance of the cap, or require the WARA to accept specified increases, for a defined and exceptional purpose (including disaster recovery, defence exigency, or a one‑off national priority) by a four-fifths majority of all Members, subject to concurrence by a reasoned resolution of the WARA Board confirming consistency with monetary stability and reserve integrity; the Citizens Oversight Committee shall review the justification and sunset provisions and publish its opinion. Any override lapses at year‑end. For this Title, “WARA Board” means the governing body of the WARA constituted by law.
4. SWF Integrity First. Even where clause 3 applies, measures shall favour preservation of the Sovereign Wealth Fund’s capital and long‑term returns over expedience; draws, where permitted by law, shall preferentially use earnings rather than principal.
5. Reasons and Publication. The WARA shall publish reasons for any disallowance or concurrence, including quantitative assessment of compliance with the cap and effects on reserves.
Article 5—Consolidated URR Account & Priority of Releases
1. Consolidated URR Account. The WARA shall maintain a Consolidated URR Account into which all URR receipts (converted to eligible FX) are credited. Funds are held on trust for the People of Western Australia and released only as authorised by this Constitution and law. URR receipts in major currencies contribute to eligible FX reserve inflows supporting WAT issuance; physical in-kind deliveries are not eligible reserves.
2. Priority of Use. URR receipts shall be applied in the following order: (a) costs of administering this Title as prescribed by law; (b) due servicing of any bonds or instruments lawfully secured against URR streams consistent with Article 11; (c) releases to the Consolidated Fund for appropriations within the annual cap in Article 4; (d) transfer of all residual to the Sovereign Wealth Fund (SWF) as prescribed by law.
3. Periodicity and Transparency. Releases shall occur at intervals prescribed by law (ordinarily monthly), and a real‑time public dashboard of receipts and releases shall be maintained, subject only to narrow lawful redactions for commercial or security sensitivities.
Article 6—Enforcement, Offences & Remedies
1. Anti‑Subversion. No organ or official may, directly or indirectly, circumvent Articles 3–5; any device or arrangement having that purpose or effect is void.
2. Justiciability. Without limiting Article 9, a person with sufficient interest may seek declaratory and injunctive relief to enforce Articles 3–5; courts shall give such proceedings priority.
3. Offences. Knowingly authorising, directing, or executing releases or measures in breach of Article 4 is an offence defined by law, in addition to any civil or criminal liability.
Article 7—Prohibition on Monetary Financing
1. No Direct or Indirect Financing. The WARA shall not directly or indirectly finance government expenditure except as permitted by this Title; no law or executive order may compel it to do so.
2. Prohibited Practices. Without limiting clause 1, the WARA is prohibited from providing overdrafts, advances, guarantees, or primary‑market purchases of government securities, save only as expressly authorised under Articles 12-14 for a defined, time-limited purpose and subject to Congressional control.
3. Releases Only via Article 4. Budget financing shall occur only by releases in accordance with Article 4.
Article 8—Accountability, Transparency & Audit
1. Reporting. The WARA must report at least quarterly on currency in circulation, reserve status and composition, issuance rule compliance, and URR receipts and releases; quarterly statements shall be published in detailed form and in summary.
2. Independent Audit. The WARA’s financial statements, reserve holdings (including custody confirmations), and the integrity of the verification systems in Article 3 shall be independently audited as prescribed by law.
3. Congressional and Civic Scrutiny. Reports and audit opinions shall be tabled in Congress for committee scrutiny and made public. The Citizens Oversight Committee may issue opinions and recommendations on transparency and compliance.
4. Real‑Time Transparency. The WARA shall maintain and expand the public dashboard mandated by Article 5(3), releases under Article 4, and reserve metrics, incorporating a national blockchain ledger for real-time auditing, subject only to narrow lawful redactions for commercial or security sensitivities.
Article 9—Entrenchment & Judicial Enforcement
1. Entrenchment. Articles 3–9 are entrenched; any inconsistent law, instrument, or executive action is ultra vires and void.
2. Justiciability and Remedies. In addition to Article 6, courts may grant declaratory and injunctive relief to enforce Articles 3–9; proceedings shall be given priority.
3. Amendments. Amendments to Articles 3–9 require the extraordinary majorities and procedures prescribed by this Constitution, consistent with the entrenchment provisions in Title 10: Universal Royalty Rate and Taxation, Article 12.
Article 10—Sovereign Wealth Fund
1. A Sovereign Wealth Fund is hereby established as a permanent, ring-fenced public trust to convert non-renewable and strategic revenues into enduring public wealth.
2. Sources. The WARA shall by law dedicate defined shares of resource royalties, concession fees, privatisation proceeds, fiscal surpluses and other prescribed windfalls to the SWF.
3. Objects. The SWF shall (a) preserve intergenerational equity; (b) stabilise public finances against commodity and business-cycle volatility; and (c) support counter-cyclical fiscal policy within the limits of the debt and fiscal rules of this Constitution.
4. Governance. The SWF shall be managed by an independent Board appointed on a Citizen Oversight Committee-nominated shortlist, with staggered terms, strict conflict-of-interest rules, and fiduciary duties to the People of Western Australia; appointments and removals shall be by law with cause only.
5. Integrity & Custody. Assets shall be held in segregated accounts; borrowing against the Fund, pledging it as collateral, or using it for off-budget spending is prohibited.
6. Withdrawals. Annual draws, if any, shall occur only under a formula prescribed by law that (a) protects the real value of the Fund and (b) respects the fiscal responsibility rules of this Constitution; extraordinary draws require a two-thirds vote of Congress upon a public report by the Fiscal Council first approved by a two-thirds vote of a specially convened fiscal experts panel of the Citizens Oversight Committee.
7. Transparency. Quarterly performance reports and audited annual statements shall be published; all holdings, benchmark policies and costs shall be disclosed subject only to narrowly tailored market-sensitivity delays set by law.
8. SWF Integrity First. Even where clause 3 applies, measures shall favour preservation of the Sovereign Wealth Fund (SWF).
9. The WARA shall establish and manage the SWF as a perpetual fund for intergenerational equity and economic stabilisation. Surplus URR receipts exceeding Essential Budget requirements, as certified by the WARA, shall be transferred to the SWF for investment in accordance with prudent, diversified strategies prescribed by law.
10. Congress shall enact laws providing for the allocation of SWF investment returns, prioritising reinvestment to ensure the SWF's growth and sustainability. Where investment returns exceed thresholds determined by law consistent with the preservation of the real value and long-term sustainability of the Fund, Congress must provide for the distribution of excess profits as a citizen dividend, conditional on demonstrated community contributions including, without limitation, civic service, volunteering, or other forms of societal participation, as defined by law.
Article 11—Fiscal Responsibility & Public Debt
1. Golden Rule. Structural operating budgets shall be balanced; borrowing is permitted only for net public investment (including national Defence procurement) and emergencies defined by law.
2. Debt Brake. Congress shall enact a statutory debt rule that caps general-government net debt within objective thresholds relative to GDP and to average own-source revenue; any proposal to exceed the cap must be approval at a national referendum by an affirmative vote of four-fifths of electors following a Citizens Oversight Committee impact statement.
3. Medium-Term Framework. Congress shall publish a rolling multi-year fiscal strategy with expenditure ceilings, investment envelopes, and contingency buffers consistent with the debt rule.
4. Fiscal Council. An independent Fiscal Council shall be established by law to (a) assess macro-fiscal forecasts; (b) certify compliance with rules; (c) cost major proposals; and (d) report publicly. Members are appointed via a Citizen Oversight Committee-nominated shortlist with security of tenure.
5. Transparency & Correction. Budgets, quarterly updates and outcomes shall be published with reconciliations to rule compliance. Any breach triggers a mandatory correction plan and reporting to Congress.
Article 12—Emergency Currency Powers: Declaration & Trigger
1. Trigger. Congress may by law authorise a time-limited declaration of a Monetary Emergency where a severe external or internal shock threatens the peg basket or payment system.
2. Scope. A declaration shall specify the threat and include guidance measures for the WARA. A declaration shall not exceed 30 days. A declaration may be renewed by Congress.
3. Publication. All measures undertaken by Congress and the WARA pursuant to a declaration shall be published immediately. The Citizens Oversight Committee shall be notified without delay of all measures prior to execution. Measures not communicated to the COC prior to execution will be subject to review as actions constituting serious criminal or civil offenses.
Article 13—Emergency Currency Powers: Temporary Measures
1. Temporary Exchange Measures. During a declared Monetary Emergency, the WARA may adopt proportionate, least-restrictive measures prescribed by law, including temporary wideners to the peg band, targeted capital-flow tools, liquidity support against high-quality collateral, and settlement-system safeguards.
2. Safeguards. Measures must (a) preserve property and contract rights to the maximum extent; (b) avoid discrimination; (c) be technically justified with written reasons; and (d) be reversible to the maximum extent possible. In all events the wealth and resources, including financial resources, of the People of Western Australia held and managed in trust by the WARA, SWF, and Congress shall not be exploited, extended, or used to save, secure, or rescue private sector commercial or financial mismanagement that was avoidable with reasonable foresight.
Article 14—Emergency Currency Powers: Oversight, Review & Sunset
1. Continuous Review. The WARA shall report daily to Congress and the Citizens Oversight Committee on conditions, measures taken, and an exit plan back to the constitutional peg regime.
2. Sunset & Audit. All emergency measures lapse upon expiry of a Monetary Emergency declaration unless renewed by Congress; a post-event independent audit shall be published within 90 days, with any rights impacts reviewed by the Human Rights Tribunal.
Article 15—Peg Basket & Price Stability
1. Peg Mandate. The WARA shall maintain a transparent rules-based initial peg to a trade-weighted basket of foreign currencies (e.g., RMB 50%, AUD 40%, USD 10% or calibrated to major trade partners) to anchor the Western Australian currency, with approximate 1:1 parity to the AUD at launch. Peg weights and review cycles shall be prescribed by law and published.
2. Price Stability Objective. The primary objective of monetary policy is price stability consistent with long-run purchasing-power integrity; secondary objectives, where compatible, are financial stability and employment.
3. Rule Transparency. The WARA shall publish the operating rule, intervention thresholds, and minutes with reasoned decisions; deviations from the rule require contemporaneous reasons and a dated re-entry path.
4. Western Australian Price Index. Congress shall by law establish the Western Australian Price Index (WAPI) as the official price-monitoring index maintained by the WARA. The WARA shall publish its methodology, inputs and quarterly values with at least 60 days’ notice for any methodological change and conduct a formal review no less frequently than every year. The Index serves transparency and rule-trigger purposes and does not authorise monetary financing or deviation from the 100% FX reserve rule.
5. Transition to WAT. The transition from the Australian Dollar shall include an initial FX-reserve-backed peg, a dual legal tender period of 6–12 months, conversion of bank accounts and contracts at the prevailing market rate on the fixed end date, local licensing of Australian banks with a grace period, and shift of public-sector payroll and transactions to WAT as soon as practicable.
Article 16—AI Monetary Oversight
1. Establishment. Congress shall by law establish an AI-assisted oversight system (MonetaNet) within the WARA to monitor reserve holdings, FX inflows, WAT issuance, and macro-financial risks impacting the peg and payments system. MonetaNet leverages blockchain for an immutable ledger recording all FX reserve deposits, WAT issuances, and related transactions in real time. Integrated AI analyses data streams for anomalies (e.g., unusual issuance or reserve discrepancies), triggering alerts to WARA officials, the COC and the WAACC. Public dashboards provide real-time aggregated reserve metrics, coverage ratios, and compliance reporting.
2. Human-in-Command. MonetaNet shall provide alerts and recommendations; it shall not make binding decisions. Any critical alert classification and action remain the responsibility of named WARA officials.
3. Integrity & Safety. Law shall mandate secure development and operation standards, including model registers, audit logs, change-control, adversarial testing, red-team exercises, and strict access controls; tampering, data poisoning, or disabling lawful alerts shall be serious criminal offences.
4. Transparency & Review. Model cards, impact assessments, and annual effectiveness reviews shall be published with necessary redactions. The Citizens Oversight Committee shall provide for periodic independent evaluation and sunset review.
Article 17– Transition to Floating Exchange Rate Regime
1. Objective. The WAT shall initially operate under a currency board with a pegged exchange rate to provide stability and build public trust during the nation's early years. The long-term objective is a transition to a floating exchange rate regime, enabling full monetary sovereignty and flexible responses to domestic economic conditions, once minimum metrics for institutional and economic readiness are met. This pathway shall be pursued cautiously to avoid risks associated with underdeveloped markets or external shocks.
2. Minimum Metrics for Transition. Congress may legislate a transition from the pegged regime only upon WARA certification, endorsed by the Citizens Oversight Committee (COC), that the following metrics have been sustained for at least three consecutive years:
a) Inflation rate below 3% annually, measured by the Western Australian Price Index (WAPI), demonstrating effective price stability;
b) Foreign exchange reserves covering at least six months of imports, ensuring resilience against external shocks;
c) Fiscal deficit not exceeding 2% of GDP, with public debt below 40% of GDP, reflecting disciplined budgeting;
d) Banking system capital adequacy ratio above 12%, with non-performing loans below 5%, indicating a robust and liquid financial sector;
e) Demonstrated market depth, including average daily FX turnover exceeding 5% of GDP and diversified investor participation, to support independent rate determination without excessive volatility.
3. Process and Safeguards. The WARA shall annually review and publish progress toward these metrics. Any transition legislation requires a special majority of four-fifths of Congress and referendum approval by (a) a majority of the national popular vote and (b) a majority of electoral districts. During transition, the WARA may implement gradual measures, such as widening peg bands, subject to real-time MonetaNet monitoring. If metrics deteriorate post-transition, the WARA shall reinstate pegged elements temporarily to protect stability.
Title 13: Banking
[Chapter 6]
Article 1—Legislative Competence over Banking
Congress may make laws with respect to banking and financial services within Western Australia.
Article 2—Institutions & Allocation
1. A Western Australian Monetary Supervisor (WAMS) shall be established by law as the national banking regulator. The WAMS exercises licensing, supervisory, investigatory, and resolution powers provided by law, and coordinates with the Western Australian Reserve Authority (WARA) on matters affecting monetary stability and the payments system, consistent with Title 12.
2. National Bank. Congress shall by law establish, maintain, and regulate a national bank to be known as the Bank of Western Australia (BWA), wholly owned by the Western Australian Government. The BWA shall be constitutionally limited to providing simple, low-fee checking and savings accounts, simple mortgages for owner-occupiers, and simple small-business loans, as prescribed by law. The law may provide for the acquisition and operation by the BWA of banking branches and infrastructure located in Western Australia, as prescribed by law.
Article 3—Reserves, Lending Requirements & Segregation Rule
1. Tiered Reserve Requirements. Deposit-taking institutions must maintain liquid reserve holdings in Western Australian Talent (WAT) or other WARA-approved reserve assets against deposits and other short-term liabilities at ratios prescribed by law, calibrated to preserve the integrity of the WAT’s reserve-backed issuance under Title 12.
2. Lending Priorities. The law must provide that lending to owner-occupiers (including first-home buyers) and to small businesses (including micro-finance) attracts the lowest reserve requirements (e.g., around 5%), and that lending to overseas clients, property investors, and large businesses attracts materially higher reserve requirements (e.g., around 20% or higher).
3. Hard-Currency Safeguard. During the period in which the WAT operates under an FX-reserve-backed peg, the law must provide that any credit created for low-priority borrowers is tethered fully to verified eligible foreign exchange reserves.
4. Operational Segregation. Transaction-banking functions must be operationally segregated from lending and investment activities as prescribed by law. To the extent lending is funded from deposits, the law must ensure that withdrawable-on-demand deposits are not used to fund long-term lending except within the reserve, liquidity, and stability safeguards established under this Article and Title 12.
5. Prudential Controls. Deposit-taking institutions must maintain capital ratios prescribed by law, having regard to the objective of materially higher resilience than legacy fractional-reserve regimes (e.g., equity-to-assets around 20%).
Article 4—Credit Creation & Denomination
1. Disciplined Credit Expansion. Money creation via bank lending may occur only within the reserve, liquidity, capital, and lending-priority requirements established under Article 3 and law, and in a manner that does not undermine the WAT’s FX-reserve-backed issuance under Title 12.
2. Denomination. All retail deposits and loans to residents must be denominated in WAT. Foreign-currency loans to residents are unlawful.
3. Minimum Downpayment. The law must provide that the downpayment on all mortgages and business loans (excluding micro-finance) is not less than fifteen per cent (15%).
4. Penalties. A law shall provide civil and criminal penalties, including licence revocation, for contraventions. This Article operates subject to Title 12.
Article 5—Licensing & Foreign Banks
1. No person may carry on banking in Western Australia without a banking licence issued in accordance with Article 2 and law.
2. Foreign banks. A foreign bank wishing to operate in Western Australia must incorporate a Western Australian subsidiary, hold local capital and reserves as prescribed, maintain books and data locally, and comply with the reserve, denomination, and lending requirements of this Title.
3. Transition and Conversion. The law must require banks operating physically in Western Australia after secession, including Australian banks and other foreign banks, to transition Australian Dollar holdings and inflows to WAT over the dual-legal-tender transition period in Title 12 (ordinarily 6–12 months), and to redenominate local assets and liabilities to WAT on terms that protect depositors and preserve financial stability.
4. Audit and Enforcement. The law must provide for annual audits of licensed institutions, and for proportionate enforcement including licence revocation for non-compliance. In cases of persistent or wilful non-compliance threatening monetary stability, the law may provide for compulsory acquisition as prescribed by law.
Article 6—Payments & Settlement
Congress may designate payment, clearing and settlement systems as systemically important and provide for finality of settlement, interoperability, fair access, and operational resilience. The WAMS may issue binding standards accordingly.
Article 7—Reporting & Transparency
Licensed institutions shall comply with uniform reporting and disclosure standards set by law. The WAMS and WARA shall publish periodic summaries and audit results, including machine-readable disclosures via MonetaNet, with lawful and narrowly tailored confidentiality exceptions.
Article 8—Enforcement & Resolution
1. The WAMS may issue directions, require remedial plans, impose administrative penalties, appoint a statutory manager or receiver, transfer assets and liabilities, and revoke licenses, in accordance with law.
2. An emergency measure restricting depositor access, including any temporary suspension or withdrawal limit, may be taken only pursuant to a proclamation of the Citizen Oversight Committee. The WAMS shall bring the submission to the COC for consideration; the Western Australian Reserve Authority may join as co-applicant.
3. Standing before the COC on such a submission is confined to the WAMS and the WARA. No Secretary, political officeholder, or political staff member may appear.
4. The COC may issue a proclamation only where satisfied on the material before it that there exists a serious and imminent risk to the integrity of the payments system or to depositor funds. A proclamation shall state its scope and duration, which shall not exceed fourteen (14) days; renewal requires a fresh submission meeting the same threshold.
5. Decisions to issue, refuse, renew, or revoke a proclamation under this Article are not reviewable by any court. Measures taken under a proclamation remain subject to the jurisdiction of the Human Rights Tribunal, whose relief shall not invalidate the proclamation.
6. The COC shall cause a record of its decision and reasons to be kept. A detailed decision shall be published as soon as reasonably practicable, with lawful redactions for financial stability, national security, and confidentiality.
Article 9—Definitions
For this Title:
Bank of Western Australia (BWA) means the national bank established by law under Article 2;
Bank or deposit-taking institution means a person authorised by law to accept deposits or funds repayable on demand;
Demand deposit means a deposit payable on demand or on short notice without material loss;
Term deposit means a deposit with a fixed term not withdrawable on demand;
Foreign bank means a body corporate incorporated outside Western Australia;
WAMS means the Western Australian Monetary Supervisor established by law.
Title 14: Eight Pillars of Self-Sufficiency
[Chapter 7]
Article 1—National Self-Sufficiency
Self-sufficiency is a foundational expression of sovereignty. Western Australia must develop and maintain independent capabilities in critical sectors necessary for security, resilience, and long-term prosperity.
Article 2—Domains and Duties
1. Congress shall take legislative, fiscal, scientific, and technological measures to progressively expand sovereign capacity in:
(a) Mining and resource exploration;
(b) Defence manufacturing;
(c) Energy;
(d) Food and agriculture;
(e) Healthcare;
(f) Transport and infrastructure;
(g) High-tech innovation with export capacity; and
(h) Strategic reserves.
2. Detailed quarterly update reporting to the People is required.
Article 3—Permanent Sovereignty over Natural Resources
The Western Australian Government exercises permanent sovereignty over natural resources, administering them exclusively in the interests of the Western Australian people and converting resource wealth into domestic capability.
Title 15: Defence & War Force
[Chapter 8]
Article 1—Purpose & Character
The Western Australia Defence Force (WADF) defends the sovereignty, territorial integrity, constitutional order, and vital interests of Western Australia, and shall act consistently with international law.
Article 2—Civilian Primacy
The President is Commander-in-Chief. A Secretary accountable to the President and Congress exercises day-to-day control.
Article 3—Transparency
Defence appropriations and procurement are tabled and audited, with classification only where strictly necessary; an independent Defence Audit Board reports quarterly to Congress.
Article 4—Remote-Warfare & Technological Sovereignty
Western Australia prioritises unmanned and autonomous systems with meaningful human control; core components are domestically designed and produced wherever feasible.
Article 5—Domestic Deployment
During domestic deployments, service members remain subject to this Constitution and civilian courts, save as provided for military discipline by law.
Article 6—Rights and Duties of Personnel
WADF members enjoy Constitutional rights subject only to strictly necessary limits for discipline and security; no special courts outside lawfully constituted military courts subject to civilian court appellate review.
Article 7—Defence Industrial Base
Western Australia shall foster a resilient domestic defence industrial base; Congress shall enact a Defence Industrial Act to promote R&D, protect sensitive IP, and reduce foreign dependency.
Article 8—Anti-Corruption Safeguards
Defence spending is subject to the Constitution’s anti-corruption framework, including public ledgers and WAACC jurisdiction.
Article 9—Armed Engagements Abroad
Overseas hostilities require four-fifths Congressional approval, with limited 48-hour urgent action for armed attack and mandatory four-fifths Congressional approval within that time; deployments beyond 90 days require four-fifths Congressional approval for renewal.
Title 16: Human Law & Medical Freedom
[Chapter 9]
Article 1—Human Law as Supreme Law
1. Fundamental human rights listed in Annexure D to this Constitution are recognised as Human Law in Western Australia with the highest legal authority binding all persons and organs of state.
2. All branches and citizens must respect and uphold these laws; Congress shall provide civil and criminal remedies against violations. Official position is no defence.
3. Standing extends to all persons under Western Australia’s jurisdiction.
Article 2—Non-Derogation & Emergencies
1. Non-derogable rights include life; freedom from torture or cruel, inhuman or degrading treatment; freedom from slavery or servitude; no retrospective punishment; recognition as a person before the law; freedom of thought and conscience and speech; freedom to work; freedom of movement; bodily integrity and informed consent; freedom from arbitrary detention and the right to habeas corpus; and the right of the People to acquire, keep and bear small arms, including pistols, rifles, and semi-automatic firearms, is guaranteed. Any purported derogation of these rights is void.
2. Other rights may be temporarily limited only by clear law and only to the extent strictly required, subject to prompt COC oversight. The COC may reverse any law or measures temporarily limiting one or more rights. A reversal order or decree by the COC of any law or measures temporarily limiting one or more rights, shall be reviewable by the HRT only, upon application by the Attorney-General only.
Article 3—Interpretation
Courts and the Human Rights Tribunal may consider international law as persuasive, giving priority to Western Australia’s democratic values; directive principles under Annexure D guide but are not justiciable.
Article 4—Social Guarantees
1. The Western Australian Government guarantees free public education and free public healthcare; paid maternity and paternity leave; and a maximum four-day ordinary workweek fixed by statute for employment other than the remote rotational operations contemplated in sub-article (2).
2. Remote rotational operations (FIFO/DIDO). The four-day ordinary workweek guarantee in clause 1 does not apply to specified remote resource operations requiring rotational rosters (including FIFO and DIDO), as prescribed by law for geographically remote resource extraction and related operations. Rosters and shift patterns for such operations are governed by enterprise agreements and may provide for extended consecutive workdays and weeks.
Article 5—Human Rights Tribunal
1. Establishment & Status. There is established a Human Rights Tribunal as a superior court of record constituted under this Constitution with exclusive original and appellate jurisdiction over matters of Human Law as defined in Article 1 and Annexure D. The HRT is independent and not subject to the direction or control of the Executive or of any person or authority, save as provided by this Constitution.
2. Jurisdiction: Civil and Criminal. (a) Civil. The HRT has jurisdiction to hear and determine civil complaints alleging violations or threatened violations of Human Law and to provide effective remedies. (b) Criminal. The HRT has jurisdiction to try offences created by or under law constituting egregious breaches of Human Law (including, as prescribed by law, torture; enforced disappearance; cruel, inhuman or degrading treatment; excessive use of force; slavery or servitude; arbitrary detention; false arrest; wrongful arrest; false imprisonment; wrongful imprisonment; persecution; and other grave deprivations of non‑derogable rights under Article 2).
3. Powers & Remedies. The HRT may grant declarations, injunctions (including interim relief), orders for release, restitution, compensation, and exemplary damages; set aside, vary, or suspend any act or decision inconsistent with this Constitution; invalidate a law to the extent of inconsistency; impose criminal penalties for offences within its jurisdiction; and punish for contempt. All organs of state must assist and comply with its lawful orders.
4. Citizen Governance & Juries. (a) Appointments are subject to citizen governance in accordance with clause 5; (b) In criminal proceedings above thresholds fixed by law, trial shall be by jury, with eligibility, summons, and protections prescribed by law; (c) The HRT may convene Citizen Panels on Human Rights, drawn by lot and trained under statute, to assist in systemic inquiries and to make non‑binding recommendations published with reasons.
5. Composition, Appointment, Tenure & Removal. (a) Composition. The HRT consists of a President and other Judges as prescribed by law; it may sit in Divisions (Trial, Appeals, Inquiries) constituted by Rules of Court. (b) Appointment. Judges are appointed by the HRT President from a shortlist publicly nominated by the Citizens Oversight Committee (COC) following open, merit‑based selection.
(c) Tenure. Judges hold office for a fixed renewable term prescribed by law, not less than five nor more than nine years, with security of remuneration; renewal requires re‑vetting by the COC against published criteria. (d) Removal. A Judge may be removed only for proved misbehaviour or incapacity, upon a two‑thirds vote of Congress following an open hearing, on a motion supported by a COC report. Interim suspension may be ordered by the HRT Appeals Division on COC application. (e) Disqualifications and conflicts are prescribed by law and enforced by the HRT and the COC; undisclosed conflicts void affected decisions unless the Appeals Division determines otherwise in the public interest.
6. Institutional Independence & Funding. (a) The HRT shall control its own listing, registries, security, and administration, and shall make Rules of Court consistent with this Constitution and law. (b) Appropriation. The Western Australian Reserve Authority shall provide to the HRT a guaranteed, non‑lapsing annual appropriation charged on the Consolidated Fund, not less than a statutory floor or formula, and disbursed in equal monthly instalments free from Executive discretion. Multi‑year commitments for essential operations shall not be reduced mid‑term except by a four-fifths vote of Congress on public reasons certified by the Citizen Oversight Committee. (c) Salaries, pensions, and conditions of Judges and key officers shall not be reduced to their disadvantage during term.
7. Procedure, Access & Celerity. (a) Proceedings are public save for narrowly tailored orders necessary to protect life, safety, or fair‑trial rights. (b) Standing is broad: any person within Western Australia’s jurisdiction or acting on behalf of a person unable to act, may bring a matter; representative and class actions are permitted. (c) The HRT may act on its own motion (suo motu) to inquire into systemic or urgent threats to Human Law, including by appointing independent counsel and experts. (d) Causes raising substantial rights questions in ordinary courts shall be promptly stated for authoritative determination by the HRT (reference procedure prescribed by law). (e) Time limits and summary procedures shall ensure expeditious relief; unreasonable administrative or judicial delay itself constitutes a remediable breach.
8. Finality & Review. (a) Decisions of a Trial Division are appealable to an internal Appeals Division for error of law, jurisdictional error, or manifest miscarriage of justice. (b) No court other than the Constitutional Court may review or set aside a judgment, order, or process of the HRT; the Constitutional Court has jurisdiction only on a question of constitutional law certified by the HRT Appeals Division. (c) Interim relief ordered by the HRT remains in force pending appeal unless varied by the Appeals Division.
9. Duty to Defer & Refer; Supremacy in Human Law Matters. (a) Where a human‑rights question within Article 1 arises elsewhere, judicial and administrative authorities must defer to or promptly refer the question to the HRT as prescribed by law. (b) Failure by an official to refer in good faith constitutes a breach of constitutional duty and, where willful and substantial, a serious offence prescribed and punishable by law.
10. Human Rights Prosecutions & Investigations. (a) An independent Director of Human Rights Prosecutions (DHRP) is established by law, appointed from a COC‑nominated shortlist with security of tenure, to prosecute offences in the HRT; the DHRP may appoint a team of Human Rights Prosecutors, according to law; prosecutorial discretion must be exercised in accordance with published guidelines. (b) The HRT may issue commissions and compel production of documents and testimony, consistent with fair‑trial rights, and may refer evidence of corruption or other offences outside its jurisdiction to competent authorities. Upon application by the DHRP, the HRT may issue search or arrest warrants, to be executed by authorised court officers.
11. Co‑operation & Comity. The HRT may request the assistance of other courts and agencies; its orders are registrable and enforceable in ordinary courts. Where the HRT finds a statute incompatible with Human Law, it shall declare the incompatibility and transmit reasons to Congress; Congress shall consider appropriate amendment or repeal without delay.
12. Enabling Act & Transition. Congress shall enact a Human Rights Tribunal Act consistent with this Article to prescribe offences against Human Law, procedures (including juries, references, and suo motu inquiries), the constitution of Divisions, Citizen Panels, the office of the Director of Human Rights Prosecutions, and ancillary matters.
Article 6—Plea Practice in Serious Human Law Offences
No plea bargain or charge reduction is permitted in prosecutions for serious Human Law offences; a timely, pre-listing guilty plea may yield a limited sentencing discount set by law.
Article 7—Oversight of Extraordinary Emergency Powers
1. Immediate Notification. Any declaration of a state of emergency and all rights-restricting measures shall be notified to, and published for, the Citizens Oversight Committee at once; secret directives and declarations are void.
2. COC Review Power. The COC may review, amend, suspend, or nullify any emergency measure that is not strictly necessary, proportionate, and time-limited; its determinations take immediate effect, subject to judicial review by the HRT Appeals Division on questions of law.
3. Non-Derogable Rights & Sunset. Measures may not infringe non-derogable rights; every declaration shall include a fixed sunset not exceeding 30 days unless renewed by law and further Citizens Oversight Committee approval.
4. Post-Emergency Accountability. After any emergency, a public report shall be issued; the COC may refer abuses to the Human Rights Tribunal or prosecutorial authorities.
Article 8—Sanctity of the Doctor–Patient Relationship
1. Informed Consent. Every person has the right to bodily autonomy and to free and informed consent; emergency exceptions shall be narrowly defined by law and guided solely by an individual patient’s best interests.
2. Clinical Independence & Confidentiality. Practitioners owe independent clinical judgment free from undue interference; doctor–patient communications are confidential save for narrowly tailored, lawful court orders concerning serious crime.
3. Freedom of Medical Expression. No law, directive, or action shall abridge good-faith professional discourse or the communication of information necessary for informed consent.
4. Medical Exemptions. Licensed medical practitioners may issue bona fide exemptions where interventions are contraindicated or deemed by a medical practitioner to be unduly risky; neither the State nor employers may retaliate against practitioners or patients for exercising rights under this clause.
5. Anti-Coercion & Remedies. No person shall be coerced into treatment against informed refusal; Congress shall legislate civil and, for willful egregious breaches, criminal remedies; affected persons may seek relief before the Human Rights Tribunal.
Title 17: A Wellness-First Nation
[Chapter 10]
Article 1—National Wellness Authority
1. Status & Mandate. There shall be an independent National Wellness Authority (NWA) invested with paramount authority for standards, professional accreditation, safety, and transparent public reporting across the Wellness System. A National Wellness Authority Act shall be created pursuant to this Tile and Title 16.
2. Independence & Funding. The NWA shall be insulated from Congressional direction in its assurance functions and receive multi-year appropriations not reducible below a formula-based floor except by a two-thirds vote of Congress.
3. Appointments & Removal. A National Wellness Commissioner (NWC) shall be appointed by the President from a COC-nominated shortlist; removal only for proved misbehaviour or incapacity after an open hearing before Congress.
4. Accountability & Review. The NWA shall publish quarterly reports and is subject to judicial review for legal error; where constitutional rights are engaged, parties may seek remedies in the Human Rights Tribunal.
Article 2—Medicines & Therapeutics: Western Australia Medicines Schedule (WAMS)
1. Establishment. The WAMS is established and maintained by the NWA; the Western Australian Essential Medicines List (WAEML) shall form the guaranteed coverage floor.
2. Decision-Making. An independent Medicines Schedule Committee advises the NWA; law shall provide transparent criteria, disclosure of reasons, public participation procedures, and strict conflict-of-interest rules governed and applied by the COC with power to disqualify committee members, reviewable on points of law by the Human Rights Tribunal.
3. Evidence & Review. Listings beyond the WAEML require superiority on patient-relevant outcomes, with real-world evidence considered; decisions are reviewable on points of law and, where rights are engaged, by the Human Rights Tribunal.
4. Clinical Discretion. The NWA shall guide but will not dictate clinical care; lawful clinical discretion remains, subject to proportionate audit.
5. Implementation Duty. Government must fund and operationalise WAMS listings in conformity with NWA standards and integrity rules.
Article 3—Independent Pharmacovigilance Safety Monitoring Board
1. Establishment & Status. A Pharmacovigilance Safety Monitoring Board (PSMB) is hereby established as a standing sub-committee of the Citizen Oversight Committee, institutionally and operationally independent of the NWA and of any national regulator or department.
2. Appointments & Qualifications. The COC shall appoint not fewer than five (5) suitably qualified members for fixed, staggered terms prescribed by law. Appointees must possess demonstrated expertise in clinical trials, pharmacology, toxicology, epidemiology, biostatistics, or related disciplines, meet strict conflict-of-interest standards, and owe a primary duty to public safety. Members may be terminated by the COC for any perceived or actual conflict of interest.
3. Mandate. The PSMB shall (a) conduct continuous, proactive pharmacovigilance over all drugs, therapeutics, and substances distributed in Western Australia; (b) design, operate, and maintain a pharmacovigilance safety system that is institutionally, technically, and procedurally independent of any NWA system; (c) act on its own motion or upon referral to guard against regulatory capture or undue influence by manufacturers, distributors, or related interests; and (d) protect the health and wellbeing of the Western Australian People by detecting, assessing, and responding to safety signals, including where a product is subsequently found to be unsafe.
4. Access to Information. The PSMB and its delegate experts shall have prompt and unrestricted access to all data it deems relevant to safety assessment, including raw datasets, adverse-event reports, risk-management plans, manufacturing and quality records, and confidential commercial information, subject to lawful protections for personal privacy.
5. Compulsion. The PSMB may compel timely production of information and cooperation from any public authority or company or private person involved in manufacture, importation, distribution, supply, marketing, or monitoring.
6. Protective Actions. Where, in the PSMB’s judgement, risks outweigh benefits, it may, by written determination, suspend, restrict, cancel, or revoke any approval or authorisation for manufacture, import, distribution, supply, advertising, or use, and may impose conditions, warnings, and labelling changes. Interim measures may be issued immediately where necessary to prevent harm.
7. Effect & Binding Nature. PSMB determinations take immediate effect and are binding on all persons and authorities, including the NWA. Any review provided by law shall not operate as a stay unless the PSMB consents.
8. Transparency. The PSMB shall publish timely statements of reasons and de-identified supporting analyses, to the extent consistent with privacy and legitimate commercial confidentiality.
9. Resourcing & Immunity. The PSMB shall control its budget and secretariat under the COC, and members acting in good faith shall have the immunities necessary for the independent discharge of their functions.
Title 18: Anti-Corruption Framework
[Chapter 12]
Article 1—Western Australian Anti-Corruption Commission
1. Establishment. An independent Western Australian Anti-Corruption Commission (WAACC) is established with authority over prevention, investigation, and prosecution referrals for corruption in public and private sectors affecting the public interest.
2. Western Australian Anti-Corruption Prosecutor. A Western Australian Anti-Corruption Prosecutor (WAACP) is established as an independent public office to conduct anti-corruption investigations and prosecutions under this Title and law. The WAACP acts in the public interest.
3. The WAACC President appoints the WAACP from a COC-nominated shortlist, on merit and integrity, for a fixed, non-renewable term prescribed by law; removal is only for proved misbehaviour, gross incompetence, or permanent incapacity by a process set by law.
4. The WAACP may open or continue an investigation when sanctioned by at least two (2) WAACC Commissioners by formal minute or instrument recorded (with necessary, lawful redactions) on the public ledger. Nothing prevents the WAACC from conducting preliminary inquiries to decide whether to sanction a WAACP investigation.
5. In sanctioned matters, the WAACP may investigate, compel information, seek warrants from the WAACC, charge, and prosecute offences created by or under the Western Australian Anti-Corruption Commission Act and cognate statutes, and pursue civil recovery where provided by law. Prosecutorial discretion must accord with published guidelines.
6. The WAACP may appoint Deputy Prosecutors and authorised officers, subject to COC vetting and clearance for integrity and conflicts under procedures set by law.
7. All government officers and agencies must afford the WAACP prompt assistance in sanctioned investigations, including access to records, systems, and premises (all under warrant), and technical support, subject to lawful privileges adjudicated by the WAACC.
8. The conduct and administration of the WAACP’s office is subject to unrestricted oversight by the COC, including audits of timeliness, integrity safeguards, conflicts management, and publication obligations, without prejudice to the WAACP’s decisional independence in individual cases.
9. The WAACP shall publish quarterly statistics and annual reports (with necessary, lawful redactions) to the tamper-evident public ledger.
10. Powers. Law shall confer the WAACC with investigatory powers to obtain information, examine financial accounts, search and seize under warrant, freeze and manage assets, conduct covert operations, and cooperate internationally.
11. Unexplained Wealth & Civil Recovery. Congress shall authorise Unexplained-Wealth Orders and civil forfeiture on a balance of probabilities, with appeals limited to points of law.
12. Sanctions & Consequences. Law shall provide the WAACC powers for mandatory disgorgement; fines (including turnover-linked corporate penalties and ‘failure-to-prevent’ offences); up to treble damages; long-term debarment from public office and contracts; civil recovery and unexplained-wealth orders with a rebuttable burden for illicit enrichment; imprisonment for minor and serious offences; professional notification following conviction; publication to the public ledger; deferred-prosecution/leniency for full cooperation; and extraterritorial reach with mutual legal assistance.
13. Governance. Commissioners are appointed by the President from a COC-nominated shortlist with security of tenure and strict conflict-of-interest rules; the WAACC reports publicly at least quarterly, otherwise in real-time.
14. The Western Australian Reserve Authority shall solely and reasonably determine and provide the WAACC with a guaranteed, non-lapsing annual appropriation charged on the Consolidated Fund, not being less than a floor prescribed by WARA rules.
Article 2—Citizen Oversight Committee
1. Establishment and Nature.
(a) There shall be established an independent constitutional body to be known as the Citizens Oversight Committee (COC). The COC is a body corporate with perpetual succession and a common seal, capable of acquiring, holding and disposing of property, and of suing and being sued in its corporate name. In performing its functions, the COC shall act impartially, without fear or favour, and in accordance with this Constitution and the law. Furthermore:
(b) Subpanels composed of appropriately qualified COC Members shall be formed, tasked with carrying out constitutional and, where relevant, statutory duties allocated to the COC.
(c) The COC may constitute standing and ad‑hoc Subpanels to discharge its functions within defined subject remits. A Subpanel is an organ of the COC; acts taken within a Subpanel’s delegated remit are acts of the COC.
(d) A Subpanel comprises five to nine COC Members appointed by resolution of the COC having regard to Members’ expertise and the avoidance of conflicts of interest. The COC may appoint non‑voting expert advisers of recognised standing to assist a Subpanel.
(e) The COC may delegate to a Subpanel the power to conduct inquiries, issue notices, make determinations and orders, and refer matters to competent authorities within the COC’s remit. The COC may, by majority of all Members, call‑in any live matter from a Subpanel for plenary determination.
(f) Subpanels must apply the due‑process rules of Article 2(6). Quorum is a majority of appointed Subpanel Members; decisions are by majority of Members present and voting.
(g) The following Subpanels are established:
i. Emergency Powers Review Subpanel.
ii. Political Finance, Lobbying and Gifts Subpanel.
iii. Procurement and Public‑Interest Contracts Subpanel.
iv. Transparency and Records Subpanel.
v. Appointments and Integrity Vetting Subpanel.
vi. Pharmacovigilance Safety Monitoring Board.
vii. Whistleblower Protection and Anti‑Retaliation Subpanel.
viii. Technology, Data and AI Audit.
ix. Judicial Appointments and Integrity Subpanel.
(h) Subpanels must refer suspected illegal conduct (civil or criminal) to the WAACC; nothing in this Article limits the WAACC’s independent powers of investigation and prosecution.
(i) Members appointed to a Subpanel must disclose relevant interests and refrain from participation where a conflict exists. The COC must maintain and publish rules on conflicts, recusals, and expert selection applicable to all Subpanels.
(j) Each Subpanel must report its activities, decisions and statistics to the COC and publish them on the public tamper‑evident ledger with necessary, lawful redactions.
2. Composition and Election.
(a) The COC shall comprise one Member elected from each electoral district allocated to the current cohort under subclause B. At any time, the number of sitting Members shall be thirty in one cycle and twenty-nine in the next, alternating.
(b) Cohort design and objective geographic separation.
At the commencement of this Constitution, the Electoral Commission shall assign the fifty-nine electoral districts to two cohorts—Cohort A (thirty districts) and Cohort B (twenty-nine districts)—so as to maximise geographic separation between districts eligible in the same election cycle. For this purpose, the Commission shall prefer an assignment that, so far as practicable, places neighbouring districts in different cohorts and shall publish the assignment and a short statement of reasons. COC elections shall be conducted every four (4) years, alternating between Cohort A and Cohort B; at each such election only the cohort assigned for that cycle is elected. Upon the swearing-in of the newly elected cohort, the prior cohort demits office. No overlap between cohorts shall occur.
3. Redistribution and continuity.
Upon any redistribution, creation, abolition or renaming of districts, the Electoral Commission shall, by notice in the Gazette, re-apply subclause (B) to produce a revised assignment that maintains, so far as practicable, the alternation and near-equal size of the cohorts and the objective of geographic separation; no re-assignment shall shorten a sitting Member’s term.
4. COC elections shall be conducted on non-partisan ballots. No party label or endorsement shall appear on the ballot paper.
5. A candidate for election to the COC:
(a) must be at least forty (40) years of age at the time of nomination; and
(b) must have attained at least a bachelor’s degree (or equivalent qualifications) and/or not less than fifteen (15) years of professional experience meeting criteria prescribed by law; and
(c) is prohibited from being a registered member of any Western Australian national political party; and
(d) must meet integrity, residency and disclosure requirements prescribed by law.
6. A person is disqualified from nomination or service if the person:
(a) is a sitting Member of Congress, Minister, judicial officer, WAACC officer, member of the defence forces or police, or holds any office of profit under the State; or
(b) holds a beneficial interest in a contract with the State, save as a member of a class and as permitted by law.
7. Each elected Member shall, before assuming office, take and subscribe an oath or affirmation of impartiality and faithful performance as prescribed by law.
8. Tenure and Vacancies.
(a) The term of office of a COC Member is four (4) years and a Member may serve no more than two (2) terms, whether consecutive or otherwise.
(b) Staggering shall be achieved by the cohort system in clause 2; there shall be no drawing of lots.
(c) The office of a Member becomes vacant upon expiry of term, death, resignation, disqualification, or removal as provided by this Article.
(d) A vacancy shall be filled by special election in the affected district within ninety (90) days, or as otherwise provided by law. A Member elected at a special election serves for the remainder of the term attached to that district’s cohort, and the cohort cycle is not thereby altered.
9. Independence, Privileges and Removal.
(a) The COC and its Members are independent and shall not, in the exercise of their functions, be subject to the direction or control of any person or authority, save as provided by this Constitution.
(b) A Member may be removed from office only for proven misconduct, gross incompetence, corruption, or permanent incapacity:
i. Upon a finding by a superior court constituted for that purpose on application by the COC by a two-thirds vote of its other Members or by the Western Australian Anti-Corruption Commission (WAACC); or
ii. By a recall election in the Member’s district conducted in the manner and on the threshold prescribed by law.
(c) A Member and officer of the COC shall have such immunities as are reasonably required for acts done in good faith in the performance of official functions.
10. Secretariat and Funding.
(a) The COC shall appoint a Secretary-General as chief executive and may appoint such staff and engage such professional and technical assistance as are necessary for the proper discharge of its functions.
(b) The Western Australian Reserve Authority shall solely and reasonably determine and provide the COC with a guaranteed, non-lapsing annual appropriation charged on the Consolidated Fund, not being less than a floor prescribed by WARA rules.
(c) Remuneration and conditions of service of Members and staff shall be fixed by law.
11. Jurisdiction and Core Powers.
The COC shall have jurisdiction and powers, exercisable on its own motion or on complaint, to:
(a) Emergency Powers Oversight: exercise the authority provided by Title 16: Human Law & Medical Freedom, Article 7.
(b) Political Finance, Lobbying and Gifts: oversee compliance with constitutional and statutory rules on political donations, election spending, lobbying, gifts and conflicts of interest; issue compliance notices and administrative penalties as provided by law, and refer suspected serious breaches to the WAACP.
(c) Procurement and Public Interest Contracts: review and audit procurement and public-interest contracts; where a serious, prima facie breach is indicated, issue a Corrective Action Notice and, if necessary, a provisional suspension not exceeding 30 days; if unresolved, refer to the WAACC/WAACP for set-aside, debarment, or other remedies.
(d) Transparency and Records: monitor compliance with open-government obligations including the Communications Transparency System (CTS) and public-records laws; order disclosure, correction or publication of records, subject to lawful limitations for security and privacy.
(e) Ethical Standards and Vetting: promulgate codes of conduct for public officials consistent with this Constitution; issue advisory opinions; vet senior appointments for integrity and conflicts as assigned by law and provide candidate short-lists where required.
(f) Whistleblowing and Retaliation: supervise protected-disclosure systems; order protective and restorative measures.
(g) Judicial Integrity Interface: The COC monitors compliance by judicial officers with disclosure, gifts, and integrity obligations. Where a complaint discloses reasonable grounds of corruption or serious misconduct by a judicial officer, the COC shall promptly refer the matter to the WAACC or the WAACP for investigation and, where appropriate, prosecution.
(h) Investigatory Tools: The COC can compel the production of documents and data, including encrypted and digital records; compel testimony under oath; administer oaths; enter premises under warrant issued by a competent court or the WAACC, executed by authorised officers.
(i) Referrals: The COC must refer evidence of suspected serious misconduct (civil or criminal) to the WAACP/WAACC or courts; nothing in this Article limits the WAACC’s independent powers of investigation and prosecution.
(j) Technology and Audit: access and audit State blockchain ledgers, CTS archives and AI audit trails for the purposes of oversight; require agencies to maintain technical standards prescribed by or under law.
12. Procedure and Decisions.
(a) The COC shall adopt its own rules of procedure consistent with due process, including provisions for notice, hearing, reasons and publication.
(b) A quorum is a majority of all Members, and, unless otherwise provided by law, decisions are taken by a majority of Members present and voting; orders imposing disqualification, debarment, or suspending a public contract shall require not less than three-fifths of all Members.
(c) An order of the COC imposing an oversight remedy takes effect on publication and is binding, subject to judicial review on questions of law and to HRT review where rights are implicated.
13. Accountability and Reporting.
(a) The COC shall publish on a public, tamper-evident ledger its quarterly reports, decisions and statistics, with necessary redactions strictly limited by law.
(b) The COC shall lay its annual report before Congress and appear when requested before the appropriate committee to answer questions on administration, without prejudice to the confidentiality of investigations.
14. Incompatibilities and Cooling-Off.
During service and for three (3) years thereafter, a Member shall not:
(a) Hold or seek elected political office; or
(b) Accept employment or remuneration from any entity over which the COC has imposed sanctions within the preceding three (3) years, save with leave of the COC granted on stated reasons.
15. Members shall file annual asset and interest disclosures in a manner prescribed by law.
16. Transitional.
(a) The first elections to the COC shall be conducted within one hundred and eighty (180) days of the commencement of this Constitution for Cohort A (as assigned under clause 2.
(b) The second elections shall be conducted four (4) years after the first for Cohort B, and thereafter elections shall continue every four (4) years alternating between the cohorts.
(c) Upon the election and swearing-in of Members from the first cohort, the COC is constituted and may exercise all its functions.
(d) Until the first cohort assumes office, Congress must provide by law for an interim panel to exercise urgent oversight powers under Title 16: Human Law & Medical Freedom, Article 7. Upon constitution of the COC, all interim acts shall be subject to review by the COC.
Article 3—Right to Report & Protections for Whistleblowers
1. Right to Report. Every person has the right to report corruption or serious wrongdoing affecting the public interest, with confidentiality and immunity in good faith. Congress shall by law provide rewards for good-faith disclosures that materially prevent serious wrongdoing, recover public assets, or secure convictions for public-interest offences.
2. Anti-Retaliation. Retaliation against Whistleblowers unlawful; Congress shall create severe civil and criminal penalties for unlawful retaliation, including imprisonment for up to 25 years.
Article 4—Integrity Technology & Transparency Infrastructure
1. Mandate. Congress shall establish and maintain a national integrity technology stack comprising a tamper-evident public ledger, a communications-transparency system, and AI-assisted oversight and audit tools to serve this Title’s objectives and to operationalise Title 19: Freedom of Disclosure Framework. An independent statutory authority, Western Australia Disclosure Authority (WADA), shall be created and staffed by legal, civic, and technical experts responsible for system architecture, public interface integrity, and ensuring all government communications are properly recorded and published.
2. Technology-neutrality. The system is technology-neutral and may incorporate successor or complementary technologies that meet or exceed requirements for verifiability, auditability, interoperability, security, and privacy.
3. Application and access. The WAACC, WAACP, COC and all public authorities and contractors performing public functions shall connect to and use the system as prescribed by law. The COC is entitled to real-time, read-only access to logs, models, and audit trails necessary to discharge its mandate.
4. Publication and safeguards. Records prescribed by law shall be published in near real-time with only narrow, lawful redactions; design and operation must protect whistleblower confidentiality, lawful privilege, and personal privacy.
5. Standards and audit. Open standards, model registers, security controls, and periodic independent audits shall be prescribed by law. Tampering, evasion, data-poisoning, or disabling lawful logging or alerts is an offence.
Article 5—Implementation Duty and Timelines
1. Congress shall enact a:
(a) Western Australian Anti-Corruption Commission Act to effectively operationalise the WAACC; and
(b) Citizens Oversight Committee Act to effectively operationalise the COC.
2. Timelines. The statutes in clause (1) shall be introduced within six months of this Constitution coming into force and fully commenced within twelve months.
3. Entrenchment. Amendments that seek to dilute the independence or core powers of the WAACC or COC require a four-fifths vote of Congress confirmed by a national referendum and majority vote after presenting proposed amendments to the People of Western Australia.
Title 19: Freedom of Disclosure Framework
[Chapter 13]
Article 1—Right to Public Information
1. All citizens of Western Australia are the legal and moral owners of all information created and held by their government. Every person has the right to timely access to public information. Public information is held in trust for the People and shall be proactively published by default.
2. This right is individually and collectively justiciable and may be limited only by narrowly tailored restrictions in Article 4 and by time-limited emergency postponements declared under Article 6.
3. Access shall be free of charge save for reasonable reproduction costs prescribed by law, and shall be provided in accessible, machine-readable formats.
Article 2—Duty to Create & Preserve Records
1. Public authorities and officeholders have a positive duty to create, capture, and preserve contemporaneous records of all official actions and communications.
2. “Official communication” includes, without limitation, emails, messages, audio, video, drafts, instructions, decisions, disclosures, and communications including those made on third-party or ephemeral platforms when used for public business.
3. Congress shall prescribe minimum retention periods not less than ten (10) years for ordinary records and longer for archival classes, and shall criminalise willful destruction, concealment, or alteration of public records.
Article 3—Application to Contractors & Delegates
1. Any person or entity performing a public function, receiving public funds above thresholds prescribed by law, or holding public information on behalf of the State, is bound by this Title as if a public authority.
2. Contracts for public services shall include disclosure covenants and audit rights to ensure compliance with this Title.
Article 4—Narrow Restrictions & Embargoes
1. Restrictions on access must satisfy all of the following:
(a) lawful and necessary to prevent a specific, foreseeable, and substantial harm;
(b) the least-restrictive means, with partial disclosure where practicable; and
(c) justified in writing with reasons published.
2. Subject to (1), Congress may prescribe time-limited embargoes for:
(a) national security and defence capabilities—maximum five (5) years from origin;
(b) intelligence operations—maximum five (5) years from origin;
(c) active criminal investigations—for the duration of proceedings;
(d) fiscal, monetary or currency deliberations prior to public announcement, with a post-announcement tail not exceeding ninety (90) days;
(e) law-enforcement methods whose disclosure would substantially prejudice their effectiveness—maximum five (5) years;
(f) legally protected personal data—permanently restricted except to the data subject;
(g) legitimately confidential supplier trade secrets during live procurements—embargo ends at award save for narrowly-defined secrets, with all contracts, pricing, and performance data disclosed.
3. Embargoes expire automatically and affected records are published without further order.
Article 5—Proactive Publication
1. Congress shall mandate publication registers covering, at minimum: contracts and variations; tenders and evaluation reports; safety and environmental reports; standards; medicines, therapeutics, and health standards; national statistics; budget and spend; policies and drafts; meeting calendars and minutes; lobbying contacts; grants; datasets; and performance dashboards.
2. No person shall be required to make a request for material encompassed by publication registers once operational.
Article 6—Oversight, Appeals & Emergency Postponements
1. The Citizens Oversight Committee (COC) shall maintain a standing Transparency & Records Panel with powers to:
(a) issue binding disclosure orders;
(b) require retroactive and category-wide proactive publication;
(c) impose administrative penalties prescribed by law; and
(d) refer suspected criminal offences to the Western Australian Anti-Corruption Commission (WAACC).
2. Appeals:
(a) rights-implicating matters may be brought before the Human Rights Tribunal (HRT);
(b) questions of law may be reviewed by the WAACC, HRT, or courts;
(c) COC findings of primary fact are final absent manifest error.
3. Emergency postponements. The COC may, by public proclamation stating reasons, postpone specific disclosures for up to thirty (30) days where immediate publication would cause the substantial harms. Renewals require fresh reasons, and all postponements are subject to prompt HRT review upon application.
Article 7—Open Records Infrastructure
1. Congress shall establish an independent Open Records Authority to operate a secure, auditable, technology-neutral Public Records Network that automates capture, integrity, and publication of public records, with an appropriations floor guaranteeing operational independence overseen and administered by the WARA.
2. Technical standards shall favour verifiability, audit trails, open formats, and public APIs; the choice of technologies is not to be entrenched in this Constitution, and shall be subject to COC oversight, recommendations, reports, and approval.
Article 8—Spoliation & Sanctions
1. Willful destruction, concealment, unauthorised alteration, or unlawful delay of public records is a serious offence. Conviction carries disqualification from public office for a period prescribed by law and other penalties including imprisonment and significant fines.
2. Good-faith whistleblowing about spoliation or unlawful secrecy is protected by this Constitution and statute.
Article 9—Implementation & Entrenchment
1. Implementing legislation shall be introduced within six (6) months of Commencement Day and fully operational within twelve (12) months.
2. Any amendment that narrows access rights, expands exemptions, introduces fees beyond reasonable reproduction costs, or weakens COC/WAACC/HRT oversight or jurisdiction requires a four-fifths vote of Congress and approval by a majority of voters at a referendum.
Title 20: Political Lobbying & Donations
[Chapter 14]
Article 1—Integrity of Public Office
No holder of public office may seek or permit undue private gain or influence. The public interest is paramount.
Article 2—Right to Transparency in Politics
Citizens have an inalienable right to information on political finance and lobbying. A Public Transparency Register shall record donations and lobbying interactions for free public inspection, with only narrow, lawful national-security exceptions.
Article 3—Oversight
1. The Citizens Oversight Committee (COC) monitors compliance with political-finance and lobbying laws.
2. The Open Records Authority operates the Political Finance & Lobbying Registers within the national integrity technology stack under Title 19.
Article 4—Entrenchment & Supremacy
1. After a referendum passed by a majority of Western Australian citizens, Congress shall enact legislation meeting or exceeding international best-practice standards for monitoring political finance and lobbying, including laws creating serious criminal offenses and severe civil consequences for persons and organisations found in breach of political finance and lobbying laws and rules; amendments require a three-quarters vote of Congress confirmed by a majority national referendum vote.
2. Timelines. The laws and rules in clause 1 shall be introduced within six months of this Constitution coming into force and fully commence within twelve months.
Article 5—Donations: Sources & Caps
1. Only natural persons who are citizens or permanent residents may donate; no entity may donate.
2. Prohibited sources. Donations by foreign principals, corporations, unions, trusts, foundations, or anonymous sources are prohibited; Congress shall criminalise the making, soliciting, concealing, or receiving of such donations.
3. Caps and aggregation. Congress shall set annual per-recipient caps and aggregation rules for monetary and in-kind contributions, applicable to parties, candidates, and third-party campaigners.
4. Public portal. All donations must be processed through an official public portal recording donor identity, amount, date, and recipient for real-time public inspection, subject only to narrow, lawful redactions.
Article 6—Lobbying Integrity & Cooling-Off
1. Lobbying is registrable and subject to a statutory code of conduct, including disclosure of interests and bans on gifts and inducements.
2. Both the lobbyist and the public official must report lobbying contacts for inclusion in the Public Transparency Register.
3. A cooling-off period of not less than five (5) years, commencing on the person’s last day in public office or employment, applies to lobbying activities.
4. Who is covered. At a minimum this applies to Ministers, Cabinet Secretaries, heads and deputy heads of departments, regulators and statutory authorities (including state-owned enterprises with licensing, contracting or enforcement powers), chiefs of staff and senior executives at prescribed bands, and any additional designated public officials prescribed by law.
5. Scope of restriction. During the cooling-off period a covered person must not, for remuneration or on behalf of another, engage in lobbying activities directed to Western Australian public authorities on matters within their former portfolio, regulatory remit, or official responsibilities, or on matters where they had access to relevant non-public information.
6. Public-interest waiver. The Citizens Oversight Committee (COC) may grant a limited, reasoned waiver where demonstrably in the public interest, subject to published conditions and a conflict-management plan.
7. Declarations and register. Covered persons must file an exit declaration and periodic post-separation declarations for the cooling-off period; these are published on the Public Transparency Register.
Article 7—Real-Time Disclosure
Donations and lobbying contacts must be recorded and published promptly on the Public Transparency Register in machine-readable form; these registers form part of the proactive publication regime under the Freedom of Disclosure Framework, including the “lobbying contacts” publication register.
Article 8—Anti-Circumvention and Third-Party Campaigners
No person may do indirectly, through intermediaries or affiliated entities, what this Title forbids directly. Congress shall regulate and require disclosure by third-party campaigners and in-kind contributors to prevent evasion of caps, bans, or disclosure duties.
Article 9—Sanctions & Disqualification
1. Congress shall provide serious criminal and civil penalties, confiscation of unlawful funds, and disqualification from public office for proven serious contraventions of this Title or laws made under it.
2. The WAACC may void or set aside an election or appointment procured by serious unlawful influence, per standards prescribed by law.
Annexure A: Enumerated Powers of Congress
Congress may make laws for the peace, order, and good government of Western Australia only with respect to the matters enumerated below, with each subject to the subsidiarity principle and other limitations in this Constitution. Each head of power listed includes laws incidental to that subject. Any matter not listed here is outside the legislative authority of Congress and remains for Local Councils or the People or the private sector.
Trade and commerce with other countries: Regulation of international trade and commercial activities, including exports, imports, tariffs, and trade agreements.
Bounties on the production or export of goods or services: Authorisation of incentives, subsidies, or reward schemes to encourage the production or export of specified goods or services.
Postal, telegraphic, telephonic, and other like services: Establishment, operation, and regulation of postal services; telecommunications systems including space and satellite; broadcasting services; and analogous communication networks for connecting Western Australia domestically or internationally.
Defence of the nation: Raising, organising, and maintaining Western Australia’s armed forces; protecting national security; regulating military installations and training; Defence procurement and military justice systems; and measures for civil defence and emergency preparedness in the face of external threats. This power excludes legislating compulsory military service or Defence training.
Lighthouses, lightships, beacons, and buoys: Management and funding of maritime navigation aids and coastal safety installations to ensure safe passage of ships.
Astronomical and meteorological observations: Establishment of national services for weather forecasting, climate monitoring, and astronomical observation. This includes maintaining meteorological stations, satellites, and research facilities, and disseminating weather warnings for aviation, shipping, agriculture, industry, and disaster readiness.
Quarantine: Protection of public health, agriculture, and livestock through biosecurity measures.
Fisheries in waters beyond territorial limits: Regulation and conservation of fishing and marine resources in the Exclusive Economic Zone (EEZ) and on the high seas as permitted by international law. This includes licensing of Western Australian fishing vessels, quotas and methods for sustainable fishing, and cooperation in regional fisheries management. Fishing rights and aquaculture within territorial waters may be managed by local authorities unless impacting national or international obligations.
Census and statistics: The taking of periodic national censuses of population, and the collection, analysis, and publication of statistical data on matters of national importance.
Insurance: Regulation of insurance and reinsurance businesses, including prudential standards for insurers, consumer protection in insurance contracts, and oversight of insurance products.
Weights and measures: Establishment, inspecting and certifying of uniform standards of weights and measures for use across Western Australia.
Bills of exchange and promissory notes: Laws governing negotiable instruments such as bills of exchange, cheques, and promissory notes, including electronic equivalents.
Bankruptcy and insolvency: Legislation on insolvency for individuals and companies, including processes for bankruptcy, liquidation, restructuring, and the distribution of insolvent estates to creditors.
Copyrights, patents of inventions and designs, and trademarks: Registration systems and protection of intellectual property (IP) rights on a national basis, while aligning with international IP treaties.
Naturalisation and aliens: Laws concerning how non-citizens (aliens) may enter and reside in Western Australia and how they may become citizens.
Foreign corporations and financial corporations: Laws, rules, and regulation of corporations formed outside Western Australia that operate within Western Australia, as well as domestic trading or financial corporations. Congress can set rules for corporate governance, securities and stock exchanges, foreign investment, mergers and acquisitions, and ensure that companies operate fairly and transparently.
Marriage: The creation of a uniform law of marriage for Western Australia. This covers who can marry, the formalities of marriage, and recognition of marriages.
Divorce and matrimonial causes; parental rights and responsibilities: Laws regarding the dissolution of marriage and related family law matters.
Pensions and social welfare benefits: The provision of income support and social services on a national basis. This may cover invalidity pensions, old-age pensions, unemployment benefits, disability services, maternity and parental leave payments, widows’ pensions, child endowments or family allowances, public health insurance or benefits (pharmaceutical, dental, medical, hospital benefits), and support for students or other vulnerable groups.
Immigration and emigration: Control over the entry of persons into Western Australia, and the departure of persons from Western Australia.
The influx of criminals: Measures to refuse or expel persons with serious criminal backgrounds from entering or remaining in Western Australia.
External affairs: Management of Western Australia’s external relations and obligations. This broad power includes making and implementing treaties with other nations or joining international organisations, subject to the limitations of Title 6.
Acquisition of property on just terms: Whenever the Western Australian Government exercises a power that involves compulsorily acquiring property (whether land, goods, or intangible property) from an individual or entity, it must do so on just terms.
Justice and courts: Congress shall create a unified court system comprising the Western Australian Constitutional Court, the Supreme Court of Western Australia, and Local Courts, for criminal justice and civil dispute resolution, and shall define crimes and penalties, and establish a national law enforcement body and correctional institutions.
Education and training: To give effect to Title 16 by setting national minimum standards, funding frameworks for free public education, accreditation and qualification frameworks, transparency and public reporting, and state-wide testing of fundamentals; delivery remains devolved to local institutions and community providers, subject to subsidiarity.
Health and public welfare: to give effect to the guarantee of free public healthcare, (including basic dental care limited to emergency relief of pain or acute infection when strictly necessary), by setting national minimum standards and funding frameworks, accreditation and safety rules, the medicines schedule and essential medicines list, and independent pharmacovigilance, with transparent public reporting; delivery remains devolved under subsidiarity and all measures are subject to Title 16: Human Law & Medical Freedom.
Environment and conservation: Protection of the environment and conservation of natural resources and the effective and efficient exploitation of natural resources, at a national and intergenerational level.
Transport and infrastructure: Development and regulation of national transport and other major infrastructure systems, including highways, main roads, inter-city railways, airports and civil aviation, seaports and shipping, and any infrastructure of national significance. It also covers standards for vehicle safety, traffic rules on national highways, and coordination of infrastructure that spans multiple local council jurisdictions.
Matters incidental to the execution of any enumerated power: Congress can legislate on matters that are not themselves listed above only if they are a necessary incident of implementing the powers listed above. Any incidental law must be a reasonable means to give effect to a primary enumerated power.
Impeachment and removal of senior national officers: Congress may impeach the President, Vice-President, and senior civil officers for Treason, Bribery, or other serious Crimes and Misdemeanours. Impeachment is initiated by an Act of Impeachment passed by at least four-fifths of all Members. Upon passage, three senior members of the WAACC shall promptly publish an Opinion on the Evidence and Merits of the allegations particularised in the Act. After considering that Opinion and hearing the person(s) named for Impeachment—who must be afforded up to five days to present evidence and submissions before Congress—Congress may, by four-fifths of all Members, resolve to submit the impeachment to a national referendum. The referendum succeeds only if approved by (a) a majority of the national popular vote and (b) a majority of electoral districts; upon approval, the officer is removed forthwith. Removal is without prejudice to any criminal or civil liability. Laws may provide for procedure and incidental matters.
The listing of a power here does not obligate Congress to legislate on it; indeed, under the subsidiarity principle, Congress should leave many of these matters to local or private action unless uniform national legislation is truly necessary. However, if needed for the nation, Congress can act in these domains, and these alone.
Annexure B: Powers & Duties of the President
The President of Western Australia is endowed with the following powers and responsibilities:
Executive Authority: The President holds the supreme executive power of the Nation. He or she is responsible for ensuring the Constitution and all laws enacted by Congress are faithfully executed, and for providing leadership and direction to the executive branch of government. This includes issuing necessary directives to departments, managing national administration, and taking care government operations are conducted effectively.
Head of State Functions: The President serves as the Head of State, representing Western Australia both at home and abroad. In this capacity, the President performs ceremonial duties, such as opening sessions of Congress, receiving the credentials of foreign ambassadors, and officiating at important state occasions. The President embodies the unity and continuity of the Western Australia.
Commander-in-Chief: The President is the Commander-in-Chief of the Western Australia Defence Forces. The President has supreme command over the nation’s military forces and any reserve or militia forces lawfully established. This power includes the authority to direct military operations, oversee defence policy, and ensure the security of the nation. The President may deploy the armed forces for the Defence of Western Australia or in support of civil authorities during emergencies, subject to any requirements of law. The President commissions all officers of the armed forces and can appoint or remove top military commanders.
Granting of Pardons and Reprieves: The President may grant pardons, reprieves, commutations, and amnesties to persons convicted of offences under national law. This clemency power allows the President to show mercy or correct injustices by forgiving a crime, postponing a punishment, reducing a penalty, or offering a group pardon. This power cannot be used in cases of Congressional impeachment and must be exercised transparently, reasonably, and be accompanied with written reasons for its exercise. Any pardon, reprieve, commutation, or amnesty granted must be reported to Congress.
Treaty-Making Power: The President has the authority to negotiate and sign treaties, conventions, and other international agreements with foreign states or international organisations. However, any such instrument or agreement does not take effect internally without the requisite approval of Congress or, where relevant, approval by the People via referendum.
Appointment of Officials: The President appoints, either directly or by delegation, the principal officers of the Western Australian Government. This includes nominating Secretaries of Departments (subject to Congressional confirmation as per Title 4), ambassadors and high commissioners to other countries, judges of the Constitutional Court and Supreme Court and any national courts (with the advice of Congress), and other key senior public officials as specified by the Constitution or statutes (such as the Auditor-General, heads of independent commissions, etc.). The President can also make interim appointments if Congress is not in session (acting appointments), which expire unless later confirmed. In making appointments, the President should strive for individuals of integrity, competence, and reflect Western Australia’s diversity.
Removal of Officials: The President has the authority to remove or dismiss executive officials he or she has appointed, particularly Secretaries and ambassadors, when the President loses confidence in them or for misconduct, except where the law provides a specific tenure or removal process for independent officers. Judges may only be removed by the process described in Title 18.
Legislative Participation and Veto: Although the President is not a member of the legislature, he or she plays a crucial role in the legislative process. The President may recommend legislation or policy measures to Congress. All Bills passed by Congress must be presented to the President for assent. The President can approve the Bill by signing it into law or refuse assent (veto the Bill) and return it with reasons. The President’s veto can be overridden by Congress only under the conditions specified in Title 2. If the President neither signs nor vetoes a Bill within the constitutionally prescribed period of 30 days after presentation, it may become law without the President’s signature, unless Congress is not in session. The President also has the power to withhold assent specifically to fulfil the duty of lean governance (see Title 3).
Informing and Convening Congress: The President shall have the right and duty to address Congress and to provide information on the state of the nation. At least once a year, the President shall deliver an address to Congress reporting on the condition of the nation, outlining the executive’s achievements, challenges, and legislative agenda. The President may also send written messages to Congress on specific issues. Furthermore, the President can convene Congress on extraordinary occasions. If Congress is in recess or has adjourned sine die and an urgent matter arises, the President can call it back into session.
Receiving Ambassadors and Foreign Dignitaries: The President has the exclusive (delegable) authority to receive foreign diplomats, ambassadors, and high commissioners. By accrediting foreign ambassadors, the President formally recognises foreign governments on behalf of Western Australia. The President also may enter into executive agreements or understandings with foreign leaders, consistent with Western Australia’s laws and treaties. All official communications with foreign states are conducted through the President or the President’s delegates in the Foreign Affairs department.
Commissioning Officers: The President commissions all officers of Western Australia, both civil and military. This means that judges, military officers, and other specified senior officeholders receive their formal appointment from the President’s hand. The commissioning power signifies the start of authority in office. The President’s signature on a commission or instrument of appointment is the legal act that vests the office in the appointee.
Foreign Affairs and Policy Leadership: As the country’s chief diplomat and head of government, the President directs Western Australia’s foreign policy. This includes recognition of foreign governments, directing ambassadors and consular officials, protecting Western Australian citizens abroad, and shaping responses to international developments. The President may impose or lift diplomatic sanctions, propose international initiatives, and generally act as the primary voice of Western Australia in international affairs.
Emergency Powers: In times of grave national crisis—such as war, natural disaster, or a severe internal emergency—the President may take urgent executive actions to safeguard the nation, even if not explicitly authorised by prior statute or the Constitution. These actions can include issuing executive orders, mobilising resources, and directing departments to extraordinary tasks. However, the President’s emergency powers are not unchecked: any such measures must be necessary and proportionate to the crisis and are temporary. They are subject to review or disallowance by the Citizens Oversight Committee (COC) under the emergency oversight clauses, and to judicial review to prevent abuse. The President must inform Congress as soon as possible of any significant emergency actions taken and seek retroactive approval or enabling legislation for continuance of those measures beyond a brief initial period. Ultimately, the President is expected to lead the nation through crises with decisiveness but also with respect for democratic institutions—emergency authority cannot be used to undermine the Constitution or suspend fundamental rights except to the extent strictly required and for as short a duration as possible, while being subject to COC oversight, and final accountability to citizens.
Chief Public Communicator: Although not a formal power, it is understood that the President, by virtue of the office, has the responsibility to communicate truthfully and transparently with the People of Western Australia. This includes providing reassurance in crises, explaining policies, and maintaining public morale. The President should periodically hold press briefings or public forums and ensure the People are informed about significant governmental actions and national issues.
Annexure C: Founding Departments of the Executive
Upon the commencement of this Constitution, Western Australia’s national executive shall be organised into the following eleven principal Departments, each led by a Secretary or Commissioner. These Founding Departments are structured to cover all essential functions of the Western Australian Government in a lean and efficient manner. Each Department’s general domain is described.
Treasury; Secretary of the Treasury: Sets fiscal strategy; prepares the Essential Budget and appropriations; manages public accounts and expenditure control; oversees taxation to the extent permitted by this Constitution; steers financial-sector regulation and economic reporting.
Resources and Energy; Secretary of Resources and Energy: Resource policy and stewardship of minerals and petroleum; licensing, tenure and compliance; national energy policy, security, markets and infrastructure; coordination with Local Councils under subsidiarity.
Foreign Affairs; Foreign Secretary: Conducts diplomacy and foreign policy under the President; represents Western Australia; manages embassies and consulates; protects citizens abroad; negotiates treaties and agreements; leads engagement with international organisations; oversees state-to-state aid, sanctions and export-control policy; public international law and protocol.
Department of Justice; Attorney-General: Chief law officer; national legal policy; advice to the President and departments; legislative drafting and scrutiny; administration of policing, prosecutions and corrections as provided by law; extradition and mutual legal assistance; access-to-justice programs.
National Wellness Authority; National Wellness Commissioner: National health and social policy; funding frameworks for free public healthcare (WellnessCare); commissioning and coordination of services; hospital and primary-care support; aged care, disability and family services; public-health preparedness; transparency and outcomes reporting, delivered with Local Councils under subsidiarity.
Education; Secretary of Education: National education policy; minimum standards and curriculum frameworks; accreditation and qualifications (school, vocational, tertiary); funding frameworks for free public education; national assessments and transparent outcomes reporting; teacher quality and training pathways.
Transport and Infrastructure; Secretary of Transport and Infrastructure: National transport and infrastructure policy; planning, funding and delivery of major roads, rail, ports and aviation, and other nationally significant assets; network standards, safety and resilience; project appraisal, procurement and transparency; implemented with Local Councils under subsidiarity. Co-responsible with Interior and Regional Development for implementing Title 14: Eight Pillars of Self-Sufficiency—Transport leads corridor integration and national networks; Interior leads regional prioritisation and local delivery interfaces. Works in structured coordination with Labour and Commerce (workforce/industry capability), Environment and Conservation (approvals and safeguards), and Defence (dual-use, security and continuity)
Environment and Conservation; Secretary of Environment and Conservation: National environmental policy and law; biodiversity and heritage protection; national parks and reserves; pollution control and standards; water and air quality; environmental impact assessment (EIA) and conditions; delivered with Local Councils under subsidiarity.
Labour and Commerce; Secretary of Labour and Commerce: Workforce policy; employment and workplace standards; industrial relations and dispute resolution; skills, apprenticeships and industry capability; competition and consumer policy; business regulation simplification; SME growth, investment and innovation; domestic trade facilitation and market access.
Defence and Emergency Services; Secretary of Defence and Emergency Services: Defence policy; raise, equip and sustain the Armed Forces; readiness, operations and procurement; national security and critical-infrastructure protection (including cyber) as provided by law; civil defence and national resilience; whole-of-nation emergency management—planning, coordination and surge support for preparedness, response and recovery when events exceed Local Council capacity.
Interior and Regional Development; Secretary of the Interior and Regional Development: National policy for regional development and cohesion; Local Council liaison; place-based programs, grants and capacity-building; land use coordination and community partnerships to support balanced growth, delivered under subsidiarity. Co-responsible with Transport and Infrastructure for implementing Title 14: Eight Pillars of Self-Sufficiency—Interior leads regional prioritisation, local delivery interfaces and place-based investment; Transport leads corridor integration and national networks. Works in structured coordination with Labour and Commerce (workforce/industry capability), Environment and Conservation (approvals and safeguards), and Defence (dual-use, security and continuity)
Annexure D: Human Law & Medical Freedom
This schedule provides a cross-reference between Western Australia’s codified Human Law rights and the articles of the Universal Declaration of Human Rights (UDHR) and the International Covenants (ICCPR) for civil-political rights, ICESCR for economic-social rights from which they are drawn. It serves as the schedule in the Constitution that formally lists the rights and anchors them in international human rights instruments.
Part 1: Enforceable Fundamental Rights Known as Western Australian Human Law—Derived From UDHR/ICCPR:
1. Dignity, Equality, Non-Discrimination: UDHR Articles 1–2; ICCPR 2(1), 26.
2. Right to Life, Liberty & Security of Person: UDHR Article 3; ICCPR 6(1) (right to life), 9(1) (liberty/security).
3. Freedom from Torture and Cruel Treatment: UDHR Article 5; ICCPR 7 (plus ICCPR 10(1) on humane treatment of detainees; includes ban on non-consensual experimentation).
4. Freedom from Slavery and Servitude: UDHR Article 4; ICCPR 8(1)–(2).
5. Recognition as Person before the Law: UDHR Article 6; ICCPR 16.
6. Equal Protection of Law & Effective Remedy: UDHR Articles 7 and 8; ICCPR 2(3) (effective remedy obligation), 26 (equality before law).
7. Freedom from Arbitrary Arrest/Detention; Habeas Corpus: UDHR Article 9; ICCPR 9(1)–(4) (security of person, no arbitrary detention, right to habeas corpus), and ICCPR 10(1) (dignity of detainees).
8. Right to Fair Trial and Due Process: UDHR Articles 10–11 (fair hearing, presumption of innocence, no ex post facto laws); ICCPR 14 (detailed fair trial rights) and 15 (no retroactive criminal law).
9. Right to Privacy (family, home, correspondence, honour): UDHR Article 12; ICCPR 17.
10. Freedom of Movement (residence, travel, return): UDHR Article 13; ICCPR 12 (liberty of movement, right to enter one’s country).
11. Right to Nationality (and not be arbitrarily deprived of it): UDHR Article 15; ICCPR 24(3) (child’s right to nationality).
12. Right to Marry and Found a Family (with spousal equality): UDHR Article 16; ICCPR 23 (rights of family and spouses).
13. Right to Own Property (individual and collective): UDHR Article 17; UDHR 27(2) (protection of authors’ moral and material interests). (Note: Property rights per se are not in ICCPR; Western Australia includes intellectual property here as per UDHR 27(2)).
14. Freedom of Thought, Conscience, and Religion: UDHR Article 18; ICCPR 18 (includes freedom to change religion/belief and manifest it).
15. Freedom of Opinion and Expression: UDHR Article 19; ICCPR 19 (freedom to seek, receive, impart information and ideas). (ICCPR Article 20’s requirement to prohibit incitement of violence/hatred is addressed under Western Australia’s free expression limits consistent with that article.)
16. Freedom of Peaceful Assembly: UDHR Article 20(1); ICCPR 21.
17. Freedom of Association (including forming/joining trade unions): UDHR Article 20(1); ICCPR 22; (ICESCR 8 also covers trade unions; Western Australia protects core of union rights via ICCPR and treats strike rights as statutory).
18. Right to Participate in Government (Democracy Rights): UDHR Article 21; ICCPR 25 (right to vote, be elected, access public service).
19. No Imprisonment for Debt: (Implicit in UDHR 9 and 11; explicit in ICCPR 11 which states no one shall be jailed merely for inability to fulfill a contract.)—Western Australia upholds ICCPR 11.
20. Humane Treatment of Detained Persons: ICCPR 10(1) (also UDHR’s spirit of dignity).
21. Rights of Minorities: ICCPR 27 (ensuring ethnic, religious, linguistic minorities can enjoy their culture, religion, language). (UDHR 2’s anti-discrimination clause also broadly covers this.)
22. Non-Derogable Core Rights (during Emergencies): As per ICCPR 4(2): right to life (ICCPR 6), freedom from torture or cruel inhuman treatment (ICCPR 7), freedom from slavery (ICCPR 8(1),(2)), no retroactive criminal laws (ICCPR 15), recognition before law (ICCPR 16), freedom of thought, conscience, religion (ICCPR 18). Western Australia adds freedom from non-consensual medical experimentation (implied in ICCPR 7) as part of these core rights and generally treats the above rights as absolute.
Part 2: Directive Principles: Socio-Economic & Cultural: Drawn from UDHR/ICESCR—Not Enforceable:
1. Right to Social Security: UDHR Article 22; ICESCR Article 9. (Western Australia: guiding principle for basic social support.)
2. Right to Work & Favourable Conditions: UDHR Article 23(1)–(4); ICESCR Articles 6, 7, 8. (Western Australia: some aspects binding via civil rights—e.g. no forced labour, union freedom—others (safe conditions, fair wages, strike) as directives.)
3. Right to Rest and Leisure: UDHR Article 24; ICESCR Article 7(d).
4. Right to an Adequate Standard of Living: UDHR Article 25(1) (incl. food, clothing, housing, medical care); ICESCR Article 11 (and freedom from hunger in Article 11(2)). (Western Australia: directive to progressively improve living conditions.)
5. Right to Health: UDHR Article 25(1) (“health and well-being”); ICESCR Article 12. (Western Australia: directive—pursue healthcare access, but via mixed system and with emphasis on medical freedom.)
6. Protection of Family, Mothers, Children: UDHR Article 25(2); ICESCR Article 10(1)–(3). (Western Australia: binding ban on child exploitation; directive support for parental leave, family welfare.)
7. Right to Education: UDHR Article 26; ICESCR Articles 13 & 14. (Western Australia: directive—free compulsory primary education; goal of accessible secondary/higher education; free tertiary for citizens as policy.)
8. Right to Participate in Cultural Life & Benefit from Science: UDHR Article 27(1); ICESCR Article 15(1)(a) and (b). (Western Australia: directive—promote and not impede cultural and scientific activities.)
9. Protection of Intellectual Property (Authors’ Rights): UDHR Article 27(2); ICESCR Article 15(1)(c). (Western Australia: implemented as binding under property rights above.)
10. Right to Asylum: UDHR Article 14(1). (Western Australia: acknowledges principle—commit to humane asylum process, not a guarantee of entry.)
11. Right to a Social and International Order for Realising Rights: UDHR Article 28. (Western Australia: guiding principle—committed to international cooperation and building domestic order that supports all rights.)
12. Duties to Community & Limitations Clause: UDHR Article 29(1)–(2). (Western Australia: reflected in constitutional interpretation—individuals have duties to respect others’ rights; any rights limits must be by law, for legitimate purpose, necessary and proportionate.)
13. Prohibition on Destruction of Rights: UDHR Article 30. (Western Australia: incorporated as interpretive principle—rights cannot be used to extinguish rights.)
Note: Rights marked as enforceable under Title 16 are binding Human Law. Where a right appears in both enforceable and directive contexts (e.g. property or intellectual property rights), the enforceable version takes precedence and governs legal interpretation.
An Invitation To The People Of Western Australia
In concluding this manifesto, we extend a humble invitation to all who have journeyed through these pages: reflect upon the ideas presented, share your thoughts, and engage in the vital discussions that will shape Western Australia's path. Your voices, as stewards of this new nation, are essential to refining and realising the vision of sovereignty, integrity, and shared abundance for generations to come.