I am a seriously disabled war veteran of 12 periods of operational
(war) service in Malaysia, Malaya, Indonesian Confrontation, Borneo,
Vietnam & Far East Strategic Reserve in three separate deployments.
I receive part pension (Vet Entitlements Act[VEA]) and have been paid
compensation (Safety Rehab & Comp Act [SRCA]) for only 4 years of 39
year period of accepted liability for a psychological condition.
Dept Veterans' Affairs (DVA) have totally rejected 17 claims (which is
typical and on more than one occasion) under each SRCA & VEA. This
amounts to many years work by myself and my professional medical
officers and advisers.
DVA has FORCED settlement for $10,000 + $10,000 legals, in a current
claim for one condition (Bipolar) at the Administrative Appeals
Tribunal (AAT), which based on the further 28 years payment a DVA
Delegate advised probable, after payment for the 4 year period,
amounts to a very miniscule portion of $1.4M+. excluding pain &
suffering !! An accountant and a solicitor working solely in this
jurisdiction confirm my figures herein.
DVA has reneged on advice DVA Delegate provided to me when I was in a
barrister's chambers. That DVA Delegate confirmed TWICE that the
information I provided was sufficient to received up to 28 years extra
payment !!!
What else does one act upon ?
With DVA and the government and where precedent is involved anything goes !!!
DVA is using every dirty trick in the book, with repeated and proven
lying by top management to Ministers, including the Prime Minister (my
Local Member who signs his letters to me as PM) who, himself has been
found to be lying to me in the most serious matters involving what he
states to be "serious allegations". All these matters are proven
and documented.
Also involved is an individual Advocate within DVA infrastructure who,
with his ex-service organisation, sought bribe from me, which I
refused to pay and which resulted in criminal allegations being made
against me by the Advocate (selected and paid by DVA) and the
ex-service organisation (ESO) (DVA's partner) against me for my
sensitive medical data which was FORGED and said by the Advocate and
ESO to have been received over internet by them, but which neither
DVA, the ESO, or the Advocate can prove !!! Demands have been made
quoting Privacy and FOI Acts, Natural Justice and Duty of Care, with
no result !!
Overall "they" are in serious difficulty and it deepens daily !
I have left the criminality alone - that would put my whole case into
Police hands and take years and years and still NEVER be resolved !!!
I have been sidelined by Ombudsman, DVA, Privacy Commissioner, AAT and more !
I know that I shoujld drop the whole issue particularly in view of
other veterans with significantly less problem committing suicide and
other horrors - see Daily Telegraph article of 31 May 2004. See
also ABC documentaries.
My Expert Witness, who is kindly helping me, thinks I have backed
government into corner and that they may "roll-over" to get rid of me.
He assures me that my case is sound.
To resolve all issues, once and for all, I have put a proposal for
resolution to government (DVA), where they can honourably resolve
matter for fraction of cost and PRECEDENT if they continue. The
cost to government is estimated to be less than 10% of the cost if all
matters were pursued.
My health would not take such action and I do not have any finance for such a case.
Overall, my case can be said to not only be about psychological
problems (bipolar and PTSD conditions + consequential conditions) BUT
involves wrongful dismissal from the RAN (forced resignation in 1968).
The Expert Witness suggests pursuing this angle, BUT time limits on
such action are very SHORT and long passed, although courts CAN
consider such cases - Ho, Ho !!!
There are serious other and major matters of DUTY of CARE, NATURAL
JUSTICE, HUMAN RIGHTS/DISCRIMINATION involved and embracing not only
current DVA and other government department and PM issues, but ALSO my
RAN service which includes no less than THREE ACTUAL DISMISSALS, none
of which was recorded !!!
BUT all are recognised in letters of support from other senior officers.
HOWEVER, and I repeat HOWEVER, possibly the CONSTITUTION provides a
better vehicle to progress matters and quickly resolve them - they
have been in train for some years !
It is a complex situation and I feel that there is a way through the
mire, but as an individual acting largely on my own and using solely
my own resources, I am at a loss to assess the options and to
penetrate the system.
A "mole" in the Attorney General's Department advises that I lodge
claim for an Act of Grace payment - he has followed my case for almost
2 years.
I do not think that this is the way to go............I think the
answer lies within the CONSITIUTION, but I do now know how to tackle
such a case.
I need possible paths to steer and options to consider to enable me to
proceed and I ask for help in this. |
Clarification of Question by
inverchaolin-ga
on
31 Dec 2004 02:37 PST
I clearly understand the comments given previously and they are RIGHT,
BUT THEY ARE TOTALLY WRONG, in our domocratic society, ethically and
under all Australian
laws..........................SO..................we just roll-over
bare our belly and ask the "authorities" to tickle us !!
Heavens to Betsy, WHAT is this country coming to. Sure, everyone
advises GET OUT, while you can, leave it alone !!
Oh................so our ethics, our very nature and core is breached
BY BLOODY GOVERNMENT AND SUPPPORTED BY EVERYONE AS WELL !!
Once upon a time................I led debate on re-importing our
exports. An impossible debate against government --- BUT somehow,
someone in government believed in what I was saying and it overturned
50 years of entrenched parochialism !! The result is mentioned
later.
So, I am not sure that rolling-over is the correct course of action.
It is defeatist ! Completely defeatist and bowing to the wretched
outfit for which we vote .............. DEMOCRATICALLY !! COME ON
NOW...........SHOW SOME GUMPTION !!! Show just a shred of our
traditional and acknowledged fighting spirit - NO............not
bloody likely !!
YES, I am at the pooint of "giving-up" BUT having fought for this
country and been promised that I would be looked after to find that
this, with all else that elected government does and stands for is
nothing but a total lie, a sham and fulsome deceit, I am sorry, sorry
for those who fight today in our Armed Forces are deceived, sorry for
those who command them and sorry for the future of this nation, which
has sacrificed its heritage and duty to corruption !!
YES TOTAL AND COMPLETE CORRUPTION !!! An abbrogation of
responsibility - to the people of Australia !
Yes, no doubt I, like all others will give up ............ NO, no
bloody point trying to aid others, as suggested..........the system is
rotton and there is no point in thinking that involvement can salve
the wounds, IT JUST DOES NOT DO SO !!! It is avoidance of the
issues and avoidance of obligation as an Australian citizen.
Thank you for reading my question and request for assistance, I
understand where you are coming from, but regret that you too have
been deceived and totally corrupted by our "system". I am truly
sorry about that and even more sorry about you attitude. It is
shameful and disgraceful. But that is OK, it takes all types to
make this world and I think that maybe I will now myself curl up, shut
up and disappear from the scene....................... blessed with
having given Australia filled manufacturing factories (and filled
order books 5 years in advance) in western Sydney for some 40 years
and subsequently the purchase by an huge American giant as a result of
my "dream" (but was this really a success, I wonder ?); also
re-commencement of Australian-China trade, a very major accomplishment
and I think my largest effort for my country and for all Australians
and Australian industry !! There have been other successes, in
saving more than one Australian icon busines and in running two States
of a major US conglomerate here in Australia and which makes
significant contribution to Australian business, BUT sends all profit
OVERSEAS !!
Along the way I also helped little people and I helped many people get
back to work, most of whom had "given up", despite some being very
senior and experienced managers. I showed the finance industry how
to operate in difficult times and established factories which employed
the unemployed in central NSW, the city and regional areas.
I am proud of my personal achievements, BUT I am distinctly UNPROUD
of my government and its operations !!!
NOW, supposedly, I must give up, roll over and have the Australian
governmant "tickle my belly" - NO BLOODY WAY !!
Wait for future episodes - I am not yet finished !!
JDA
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