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The Forum > General Discussion > FOI USED TO ASSIST IN COVER UPS

FOI USED TO ASSIST IN COVER UPS

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Divorce Doctor I went to a Solicitor to see how I could take the Department to a Court as they had breached their Policy and Procedures in dealing with the complaints. We were referred to an Administrative Law Barrister. I told him that I wanted to hold the DET to account with regard to how they had handled my children's applications and the complaints. That Barrister said that we needed to get all the information first under FOI. I was concerned. $30,000 later all that happened is that the Solicitor and Barrister took our money and left us with no money to do anything else and despite formally requesting that there be an order for Costs made against the DET (as we had to take them to the ADT as they had not honoured agreements that they had previously made at the ADT) the Barrister didn't ask for costs. What is the bet the Barrister is in a very cushy position right now as honestly it appeared that he had been bought.

RobP. When we first received the documents under FOI and our fears were realised we thought that the public would be outraged and that the school and friends would want to help and protect the children. Boy were we wrong! Just about everybody turned their back as they knew we were telling the truth and they feared that their children would also being targeted and or they would loose their job (if employed by the DET). They had good reason to be concerned. Nobody actually cared enough for the children to publicly say that what was being done was wrong. Nobody wanted to know us – we were ostrasized.

I was then actually blamed by some as it was said that if I just accepted the situation and told my children to cop it sweet and didn't complain then the children wouldn't be hurt so much? It is as if they think the children are stupid and have no feelings and do not know what is going on.
Posted by Jolanda, Wednesday, 19 November 2008 2:58:32 PM
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Pelican. We made the mistake of writing to the Ombudsman before the DET had investigated the complaint. Although they get you there too as you have a time limit to bring a complaint with the Ombudsman.

The Ombudsman refused to investigate the matter even after being advised that the original documents had been destroyed and even though there were an alarming amount of instances of evidence of bias, manipulation and misconduct. The Ombudsman just closed the matter even though we made a formal complaint under the Child Protection Act.

The DET then referred to the matter as having been investigated by the Ombudsman to anybody who made enquiries.

When the Ombudsman said to us that we only believed that the scores had been calculated wrongly but that we couldn’t prove it to his satisfaction we took the DET to the ADT to get access to documents to further support our allegations. When we received these documents we lodged a fresh complaint with the Ombudsman and were told that once a matter is closed it is closed for good never to be re-opened again.

Even fresh allegations involving our other children were ignored despite the fact that there was clear evidence of bias, manipulation and misconduct.

Regarding the destruction of documents, the DET said that although they were requested under FOI they didn't think it was necessary to keep the originals because they had electronic copies on their computer system?

The Ombudsman is another level of cover up. I complained to the Office of the Ombudsman and Police Integrity Commission and they said that they were ‘prohibited' from investigating “particular conduct” and that they could not help. Particular conduct is not defined in the Act but I was told when I rang that it is the type of conduct that I was alleging.

Thing is that those in the system know that if they do not investigate the complaint that people will think that there was no evidence so the longer they take and the worse they treat you and the more they deny you rights, the better they look.
Posted by Jolanda, Wednesday, 19 November 2008 3:10:23 PM
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what a pity you did not read my book Jolanda

IF a "client" has a complaint against a govt dept then the job of the lawyer is NOT to get justice for client, but get into the Latham "congoline of ashol^*"

so you threw your money away, not only on the [in]action but via FOI itself [ie the fees charged by lawyers to "oversee" that process]

so you MUST be a self represented litigant

but reason FOI is generally a waste of time is simply that one goes to court to seek relief concerning an action [or lack of] that actually happened [so you depose such facts in affidavit]

your case is simply that Legislation says "this", and they did [or didn't do] "that"

seems to me if you need FOI to discover eg they "Planned" to do "that", well you don't have a case as they never got around to doing it

ie it'a just KISS
Posted by Divorce Doctor, Wednesday, 19 November 2008 3:35:23 PM
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It sounds like you have done everything humanly possible to obtain justice Jolanda. Where to go from here?

I don't know what else to suggest other than perhaps going to Whistleblowers Australia for advice. See http://www.whistleblowers.org.au/ for contact information.

ICAC also investigate complaints about corruption which can be minor to extensive in scope. http://www.icac.nsw.gov.au/

I know you have discussed the media before, but it might pay to ring around some well known journalists to find an advocate for your case and one who can ask questions and then to proceed to write articles. You will have to have all your facts clearly set out and evidence in the form of letters, papers and documents obtained under FOI to present to them.

Other than that all I can say is good luck.
Posted by pelican, Wednesday, 19 November 2008 7:41:47 PM
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Divorce Doctor my case isn’t simply that they said that they would do something but they didn’t do it?

There are a number of issues with my family’s case including and not limited to the following:

1. That documents clearly show many instances of bias, manipulation and tampering of state records, defamation, and a misrepresentation of facts and misconduct that resulted in educational and emotional/psychological harm to and oppression of our children.
2. That we have made formal allegations of systematic bias, victimization, bullying, defamation and misconduct that involve children that have not been investigated, but have been presented internally as investigated and the officers cleared of misconduct! This has then allowed all subsequent new allegations to be ignored by the DET.
2. That we have had cause to lodge numerous FOI Applications. As a result of the manner that these FOI applications have been handled and dealt with we have had cause to make allegations of obstruction of FOI and breaches in the State Record Keeping Act.
3. That we have made formal allegations that there is evidence of a conspiracy to cover up.

We have documentary evidence to support our allegations so therefore we have a prima facie case.

Pelican I tried ICAC and was told that ICAC has discretion and lack of funding and they have priorities and their priority is matters that have to do with money

The media is a waste of time and it becomes depressing. I am grateful for places like this that give me an opportunity to vent. Eventually I hope that my continual exposure will out those who are responsible.

Bullies need to be outed, not protected. When I get to the point where I feel that I can go no more – I will write a book.

Whistleblowers couldn’t help they just told me not to go to a solicitor as they will just take my money and basically to accept things that you cannot change?

Thanks for wishing me luck; I am going to need it as the Law doesn't help.
Posted by Jolanda, Wednesday, 19 November 2008 9:46:24 PM
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The media is a waste of time and it becomes depressing. I am grateful for places like this that give me an opportunity to vent. Eventually I hope that my continual exposure will out those who are responsible.

unfortunately "places like this" are also cash for comment - so back to YOU prosecute the case YOURSELF or too bad Gunga Din

Bullies need to be outed, not protected. When I get to the point where I feel that I can go no more – I will write a book.

if the book is good enough it will just get pirated, as I found

and those at "places like this" just said bad luck, because WE did not agree with the book [as we were cash for comment]

for sure ANYONE sticking up for their rights has an uphill battle in our "fair" country
Posted by Divorce Doctor, Wednesday, 19 November 2008 10:12:54 PM
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