Dream On. I have been using the ADT to get documents from the DET for years and I have been told by the ADT that they do not have the power to even enforce their own orders. You can appeal but they also do not have the power to do anything. Basically you have to work your way through the Tribunals/Courts to the High Court with regard to FOI and there is a good chance that they will say no Jurisdiction depending on what it is that you ask. The bases are all covered. So our Tribunals cannot hold anybody to account or make anybody produce anything.

Trying to get accountability directly through FOI is a waste of time. I am at the moment attempting to get documents amended as if they will not investigate then I want to make sure that at least the internal documents that they present are representative of the truth and not the lies that they present. I also seek to get access to certain documents that they have avoided giving me for years.

So whilst there is an FOI component the problem and difficulty is getting the allegations investigated. There appears to be no avenue where people can get allegations against Government Departments independently or impartially investigated. The Ombudsman is a joke; he has discretion and uses his discretion to assist to cover up. He uses the same process the Department uses where they just ask the person responsible and accept whatever they say on face value. Nobody cross checks the documents or questions or challenges as to why things present the way that they do.

What I need to find out is what Court or what process I can use where I can have our allegations investigated. ICAC has discretion and lack of funding and they focus on matters that involve money…..They told us that. I already have more than enough evidence produced under FOI to support a prima facie case that warrants investigation. The Police, well, say that these types of matters are dealt with by the Ombudsman! You go round.

yes, this what I have been saying

FOI is simply a second hand way of getting evidence [but of course they will NOT give it if it incriminates]

the legislation you need is race/sex descrim Act [whatever it is called this month] and by coincidence THIS was the act in Brandy case

The fed magistrates court is the easy avenue but better be quick as "William's Wonder" is about to be dismantled as of today

Divorce Doctor the problem is that it isn't against the Law to Discriminate against gifted children....I got that direct from the Anti Discrimination board.

What I need is to work out how to hold them to account with regard to the fact they have breached Policy and Procedure in the handling of the school applications and in the handling of the complaints and they have breached their code of conduct.

Any idea who to go to for that?

well you are just going around in cirles

a quango makes "practice and procedures" then it OWNS them, and EXCLUDES you

YOU must go back the LAW [and forget what was told to you via quango]

like get real

I cannot believe the hide of the DET. They are trying to say that because nobody is interested in the allegations that my family is making agains the DET then it is not a public interest matter and therefore they can refuse to give me documents on the basis of no public interest.

They believe that the public has no interest in public servants within the Selective SChools Unit of the DET who maniuplate with state records, and in particular school applications and test scores, in order to inflict harm? They believe that the public do not have an issue with that occurring.

Pretty scary dont you think? What does it say about bullying?

Jolanda,

You might be barking up the wrong tree. Have you considered the Crimes Act? Falsifing documents is a criminal offence. You might be better to steer away from the administrative side to the criminal side. Obviously you need the police to co-operate, but suggest that if you went to them with a ready-made case they might be persuaded of the success of the case. By ready made, I suggest you will have to work out exactly which pidgeon-hole offence the allegations fall into, and collect your evidence to document this. Of course burden of proof is more onerous in criminal proceedings - you would need to have your smoking gun. You may also be able to get attention at the Federal level, what with the pressure for schools to publish their results, an allegation of misconduct may be taken more seriously.