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The Forum > General Discussion > The Peak

The Peak

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Someone sent the below message to me - can someone help explain it to me?

So a case worker is given the “special powers” of a federal court basically.

I am only looking at this from a legal point of view, nothing else, but I will do my best to explain it to you simply and in lay terms.

What has happened, and looks like it has been passed, in State Government is from what I can see like this;

Case workers were given “special powers” of the Federal courts - Or Linked to Federal Courts in for the want of a better expression an informal but powerful none the fewer roles.

To add to the problem it seems a tribunal was formed also with special powers with three heads. One of those being a psychologist.

To obtain an order in a family court - Federal court OR anything to do with Federal Courts psychologists reports are NOT recognised unless presented in support with a medico legal report done by a fully trained psychiarist.

I found Federal court does not accept a report from a psychologist, unless it can be shown he/she spent so much time, with the client that it was necessary to support the medico legal report AND ONLY THEN.

Medico legal reports are the only thing federal court magistrates really look to make a ruling. Not psychologists.

So you seem or appear to have an in-house informal panel of people whom may refuse a lawyer to be present to represent the kids making calls for permanent placements and adoptions. Wow.

The way I see it these people were given the powers of the federal court. Case workers and they alone can make you or break you and your children. Don’t go blaming case workers either. They didn’t make the laws.
Posted by Jewely, Saturday, 9 May 2009 10:00:28 AM
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im unsure/what you ask<<..a case-worker is given the“special powers”of a federal/court.>>i presume you mean case/worker..is judge and jury

fed-court cant give'power'..it can judge abuse of power..[rule..if an act is divergent or missapplied,..can issue an order,..but can only rule on its juristictioned areas of law,by..the evidence presented before it

<<What has happened/..looks like..it has been passed,..in State/Government..is..like this;..Case-workers were given“special powers”...of[by?]the Federal courts,..Or Linked to Federal Courts[rulings]>>..i would ask for the relivant ruling..[what court ruled on what,when/how]

<<for the want of a better expression..an informal but powerful..??..none the fewer roles>>...i dont comprehend

<<..a tribunal was formed also with special powers..>>ONLY IF YOU FALL UNDER THE JURISTICTION OF THE ACT

<<with three heads...One of those being a psychologist.>>boards can be overruled..[you dont have to accept their order,..the atourney general asks if you feel maltreated..[tell him/her you wish to complain]

<<To obtain an order in a family court..in support with a medico legal report done by a fully trained psychiarist.>>..its archaic law by precedent[based on the common/law of two witnesses]..we arnt legally a common law juristiction..[though lawfully we always were]...but law is a thing used to bamboosel us

<<..Medico legal reports are the only thing federal court magistrates really look to make a ruling...>>this is because we dont know the process..

[see the board'ruling'is signed..documented/contractual'proof'..if you dont submit your own rebuttal!![signed/witnessed]..the court rules..because simply speaking THAT the only evidence they got..is the boards declaration.

So we do have an in-house informal panel of people..[whom may refuse a lawyer to be present].to represent the kids][best intrests]..making calls for permanent placements and adoptions...

because we dont understand basic court process

see a signed declaration is higher proof/than any..verbal conversation in court..[because what we say,..hasnt the legal/weight[standing]of what is declared..on paper

[our failure to rebut..the paper..means the paper is presumed truth]

search/..the..'laws of maxim'..at the wff/site

<<people were given the powers of[from?][by?].the federal court.[Case workers]..and they alone can make you or break you and your children.

Don’t go blaming case workers either.
They didn’t make the laws.>>..yep..their..ONLY..doing their job..lol
Posted by one under god, Saturday, 9 May 2009 10:45:45 AM
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H,

Back on the real topic. Are you saying that young is smart and older is dumber?
Peaks as you describe there are highly subjective and I would propose that can't be generalised in any meaningful way.
Take Turner's paintings his early works were similar to Constable detailed almost photographic. Yet his later works are impressionistic to almost the point of abstract. If in Melbourne see his paintings in the Vic Art Gallery to see what I mean. Some say his early work is best and thereby his peak but if you were an impressionist you would say he died too soon and his best work was still in his head.
The actor Mickey Rooney did his best work in his dotage.
I think there are more factors at play than simply mental acuity being replaced by experience. Fashion, cultures, prejudice to mention a few. How many strong leading roles are written for older women...fewer than males. How many D&M roles for older blacks or Asians?

Yes SOME processes slow but where it counts thinking a topic through and comprehending nuances, context, proportion etc. youth can be a disadvantage.

I would also suggest some people's experience tends to be 1 year X 30/40 as opposed to 30/40 years of experience.

As I said the topic is too nebulous to generalise meaningfully on. In short it depends on so many factors.
Posted by examinator, Saturday, 9 May 2009 11:23:10 AM
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Jewely you are being conned again. The peak the absolute summit of power in Australia is the Judicial Power of the Commonwealth. It cannot be delegated to an individual or even a tribunal, but must be exercised by a court. Note the uncapital nature of the word. A court is defined in an 1856 Bouvier Law Dictionarry, as an incorporeal political entity. That means until it comes into being by the calling together of an ecclesia, a gathering of 12 people it is not a court, but it can be a Court. A Court is a place, but until the people are invited to participate it does not become a court.

State governments do not have the Judicial Power of the Commonwealth. The Parliament of New South Wales does not have any Judicial Power of the Commonwealth. Independently of Parliament the courts of New South Wales were granted the Judicial Power of the Commonwealth by the Parliament of the Commonwealth. Once they have it they should exercise it, but currently they do not except when tricked into it.

The way they have been tricked into it in the past twelve months has been for a litigant who is being conned in the State Courts, to commence a concurrent action in the Federal Court, and when the Federal Court Judge rings up the State Judge, the state Judge does the right thing. This should be happening all the time, but the Federal Court is lazy and have given themselves power not to file.

They like the money they get, $6,000 a week, but they don’t like to work. A Registrar has the power to refer it in secret to a Judge, to see if the Judge wants to allow a person to pay his money and get the Federal Court to work. In practice the Federal Court can waive filing fees for unemployed and pensioners. In reality if money is paid, they usually file, if an application to waive fees is made, the unemployed person or pensioner is sometimes very lucky and it gets filed. This is my quota today, thanks
Posted by Peter the Believer, Saturday, 9 May 2009 12:25:31 PM
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Under One God, which God? I lived in Saudi Arabia for awhile, had to claim one god myself just to get in.

You know too much baby, this I guess could be considered Peaking in itself. But what you know is heartbreaking. What you understand of this country (and I don't say it isn't true) is horrible. How do you balance how you believe the world works with ever being able to smile?

Peter, I am told, quite directly by a previous OLO user that I should appreciate your words, that you even took time to explain stuff to me should be looked upon with gratitude. Well I am hardly a child and I do appreciate your words and the time you took to respond.

But, if I have understood, you are both telling me in your own ways that this country is bad, always has been, always will be. In addition I think I grasped that no matter how I feel for our little state wards I am probably alone and even if not alone I certainly do not know enough or can expect anyone, with any authority or power to initiate change, to care.

Bummer. I am not a sook, I suck this up and move on. I did suspect when I first became quite scared for children under the guardianship of DoCS I would of course fail. Now, as humans do, I have to work out how to do better in my own way within a system that has little regard for its product (aka little Aussies).
Posted by Jewely, Saturday, 9 May 2009 9:10:47 PM
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jewelry[there is but one god[as i learned in my..'peak']..i have no mind for people naming him..as they chose..[my beef is people simply speaking..dont know the one god..who gives all living..their lives to live

even the scum of the earth..gets..the gift of life..from god..[for the'one'god is'good']..no matter how vile any of us may be..there is one..who loves all UNCONDITIONALLY..[you guessed it..[god/good]

that dosnt mean to say..all life will love the vile..[we must keep in mind..that while god dont judge us..YET..[others will]!..god may forgive us the most vile..we do..[but then god sustains the victim[and the oppressor..;BOTH..thier very lives..[it really is a case of that'we'..did to the least..we DID/do..to him]

yes/it seems a contradiction..to try to love..even the most vile..[as god does]..and many have tried and failed..[for the vile is truelly vile,

i cant forgive them their vile,..thus hope to..wake them up and repent the vile..they..may have done..[god truelly loves the repentant sinner..

[the willfuill/sinner is another matter all-together...but who is to judge,..if not god then why judge we?

see than vile has its own fruits..[in the next life..;and there is a next life,..all is revealed,..the vile is reviled..[gods grace is of little consolation,..when all mankind shuns you]..

as god forgives EVERYone,..saying you have his grace is of little merrit..[for who has his grace/mercy..not]

the next realm is about getting more of what we gave..in this realm..[and this realm as you would know belongs to satan..

[see that those who love to murder..;ALL SHARE THE SAME REALM here/after..[murdering ONLY each other for eternity]...noting there are..in that given realm far worse than you/me..[and them]..lol

[we can only imagine what these child perverts do..in the next realm TO..and..ONLY do to..EACH OTHER..thus i forgive them..for they know not what is in store..lol..[any we do in this realm is returned..in the same coin..THE SAME..manyfold more is given]...lol

i imagine the racist/hell[realm]..with all them racists in the same realm,..and as i have no wish to share that realm with them..thus[i forgive and move on]..

this is what i learned..[so to speak;..when i was at..'my peak'...lol
Posted by one under god, Sunday, 10 May 2009 12:37:00 AM
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