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The Forum > General Discussion > A Class Action against the CSA

A Class Action against the CSA

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Thanks Rusty - I will certainly look into the Ombudsman's reports and the new section devoted to compensation. Can you provide any more information on this compensation area?

I have evidence of malfeasance against 2 CSA senior executive managers and at least 2 CSA officers. The evidence has been made available to the Prime Minister, Minister and Ombudsman. My own experience suggests that only the latter has any interest in addressing the issues but even then there is a lack of responsiveness and an inability to address unique problems.

In relation to the malfeasance I will be presenting this evidence again as my case progresses.

It continues to amaze me that all of my evidence is limited to CSA documents only but the CSA won't take action, the Government won't take action and there appears to be no respite (or closure) for clients.
Posted by Lillie49, Friday, 5 August 2011 11:59:08 PM
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"It continues to amaze me that all of my evidence is limited to CSA documents only but the CSA won't take action, the Government won't take action and there appears to be no respite (or closure) for clients."

This is par for the course. The CSA and to a certain extent the APS in general have a culture of cover-up and obstruct that is hard to break through. In the case of the CSA it's covering up systematic malfeasance as you put it and that cover-up starts at the top. The Agency gave me the run-around for many years and did its level best to send me broke by garnishment, all because I disouted an obviously incorrect assessment and said "fix it, or I won't pay". It is interesting that they weren't prepared to discuss any aspect of that matter until they thought the statutory period limiting court action had expired. At the first meeting after that period, the first thing mentioned was the expiry of the statute. Hardly the action of a "model litigant" as is required by the APS Act and even less the action of an ethical Agency determined to produce a fair and reasonable outcome.

Have a look at familylawwebguide.com.au if you would like to go further. There are some very knowledgeable people on that site, which was set up as a gateway for people interested in shared parenting after separation and related matters. They have an excellent sub-group that is devoted to assisting self-represented litigants and a great deal of information on dealing with the CSA.

As I said though, it's all on the way out anyway. They've been simply too much trouble, having been run by a series of third-rate ideologues, mostly because anybody of any capacity would run a mile
Posted by Antiseptic, Saturday, 6 August 2011 5:53:42 AM
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Thank you for all the suggestions - have spent the last few hours reading Ombudsman's reports and checking out the Family Law Webguide. Some very interesting and useful information.

In respect to compensation - it seems that the same people (Minister and CSA delegates) get to decide whether or not you are eligible for it - when is anything going to be transparent and impartial?
Posted by Lillie49, Saturday, 6 August 2011 2:02:41 PM
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That is one area Antiseptic and I are in agreement. It is difficult to break through the cover up mentality of the APS. It is difficult even if you are employed by the APS and know some of the 'short cuts' but virtually impossible if you are not aware of all avenues open to you.

Tenacity helps - being a pain in the bum basically even if you remain professional and polite at all times (difficult I know).

Squeaky wheels can break through - sometimes. Much depends on your approach and the tendency to cover up mistakes can work to your advantage if you approach other (relevant) agencies. Much can happen if there is an awareness that another APS body might become involved. Keep records and diaries (dates and names) and use FOI as much as possible to provide supporting documentation. I did not do that early on in a particular case but learnt a lot in the process.

There is no one right answer as it depends on a bit of luck. Finding a public servant that might have a backbone or a modicum of doing what is fair and right. It does happen. But not often...:(
Posted by pelican, Saturday, 6 August 2011 2:23:01 PM
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Thanks Pelican......we have tried tenacity and are now being 'punished' for doing so.

In good faith my partner entered into a payment plan for the alleged debt, on the understanding that, should the SSAT uphold his appeal and find in his favour (meaning no debt) that he would have the money repaid by the CSA/payee. The agreed amount has been paid on time each month yet the CSA has now decided, with no reference back to my partner, to garnishee his wages AND increase the monthly payment by 600% (yes you read that correctly.) The CSA has also advised that they have the discretion NOT to recover the money should it be found it was paid in error (a CSA error). All of this with no knowledge or consideration of our financial situation AND with the knowledge that my partners ex has been salary sacrificing for the past 12 years. What happened to making sure both parents CORRECT income is used in the upkeep of their children and when does the CSA back off and allow closure (his youngest is 19).
Posted by Lillie49, Sunday, 14 August 2011 5:56:13 PM
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