Post by Banker on Jan 1, 2013 6:48:58 GMT 7
Here is a copy of an email I just received from a concerned Pensioner.
Hi Banker, after finally getting into the link you sent me it was more than interesting stuff, especially from Cheetal.. Alas i have very limited net skills and have difficulty with most things other than the basics and my own things people have taught me. So not sure where to start but i can relate to much of his stories. I also have an ABI as a result of a spontaneous brain haemoridge at 42 in 1996. Since then i have done nothing other than try and get off the dsp. this ended up with me in Thailand in 1999 trying to start up a tour operation in the region. My knowledge of the subject and my idea is as good as anyones and my idea would see me recoup all my losses incurred by trying to do this without a minutes help from C/L or anyone else. i now stand at almost 59 with not a cent to my name but still live in logical hope that my buisness will succeed soon. So prior to 2004 i had to return once yearly which i did. Then the new thirteen weeks started and since then i have done well over 100 international flights from Bangkok, usually or wherever the cheap flights go from to anywhere in Australia for the sole purpose of passing through immigration. In 2004 i was clearly covered by the savings provisions that should of kept me on the old yearly return. These were. 1. you must be severely disabled. which ,then meant getting 45 or more points in a medical.
2. you must have been out of the country on july 1st 2004.
3. you must have not come back to Australia permanenty.
I was clearly covered by 2 & 3. but didn't find out these provisions until i went to legal aid in 2006 after my first SSAT appeal which i lost. Legal aid then told me to have a complete medical, something which C/L had never asked me to do. Sure enough i was extremely happy after being told i was now SEVERELY which meant i was covered by the savings provisions. Not quite so fast as i went all the way to the federal court but couldn't get things changed even though every tribunal member and justice Heerey in the fed court had total sympathy for me and some even apologised for not being able to help. It's the law they said.
It would seem that unlike civil and criminal law, once an administrative decision was made at the SSAT it can never be reversed because of some perverse law the politicians made. So i am still in jail, so to speak today after evidence i didn't do the crime came to light. Only total C/L incompetence sees me still here today eight years and 100 or more exhausting flights later. A few quotes. From the barrister who helped me at the federal court. "The only thing you did wrong was not see him or legal aid prior to the first SSAT hearing", in which like everybody else C/L encourage people not to get legal help. Even a centrelink lawyer told me later on " I strongly urge you to continue the fight as it is an injustice " An advocate told me it seemed "like you are being denied natural justice"
So eight years on i continue to fight with a lawyer still trying to get my case to the high court. but i can only dream of that happening so i continue to fight on others fronts while i wait. I could write volunes on my treatment from many politicians and Jongen of C/L. There have been nothing but lies,fobs offs and abuse from them and not one of my questions have been answered in any way shape or form from any of them. Then about two years ago i had the AFP try and intimidate me on behalf of Bill Shorten and the Jan McLucas who are both totally unfit for public life let alone dealing with disabled people. Their deceit and abuse had to be experienced to be believed. And all because i continued to ask questions to them. I though Ellison of the liberals was bad but these two labour politicians even outdid him for ruthless treatment. Never once have i ever done even the slightest thing untowards any of them. Not even once have i said the F word even and i certainly felt like it everytime they infered i was a cheat or worse. Had this of not happened i have little doubt my buisness would be up and running and i would be off the pension forever. But until today i thought i was the only one fighting them. A real eye opener to the true world of C/L from others. Lastly, i read on the centrelink website recently that under the new laws that kick in tomorrow if yopu are severely disabled and irreverseable with no work capacity you can get indefinate portability. Ok, at least it's a consolation prize. Again not so fast as they agree with the last two but now tell me i am no longer SEVERELY. sorry only six weeks. In 2006 i had another stroke that took me up to 50 points then tomorrow a miracle will reverse that event. Or maybe just cocks up from the politicians as i continue to ask them WHY.
Since 2004 i have lived on aprox $30.00 a week with airlines getting most of my pension as even then i still have a far better life than i can ever expect again in Australia. I live in a box with a fan but at least i live in hope but when i return on my last thirteen week flight in Feb i have no idea where i will end up as they told me even if i flew back every six weeks they might recind my residency status. Human rights abuse at best and torture at worst is how i see it. Ok, i will end now as i believe it may even by the biggest cover up in C/L history as i now seek compensation where as in the begginning i just wanted logic to prevail. Bye, XXXX.
Hi Banker, after finally getting into the link you sent me it was more than interesting stuff, especially from Cheetal.. Alas i have very limited net skills and have difficulty with most things other than the basics and my own things people have taught me. So not sure where to start but i can relate to much of his stories. I also have an ABI as a result of a spontaneous brain haemoridge at 42 in 1996. Since then i have done nothing other than try and get off the dsp. this ended up with me in Thailand in 1999 trying to start up a tour operation in the region. My knowledge of the subject and my idea is as good as anyones and my idea would see me recoup all my losses incurred by trying to do this without a minutes help from C/L or anyone else. i now stand at almost 59 with not a cent to my name but still live in logical hope that my buisness will succeed soon. So prior to 2004 i had to return once yearly which i did. Then the new thirteen weeks started and since then i have done well over 100 international flights from Bangkok, usually or wherever the cheap flights go from to anywhere in Australia for the sole purpose of passing through immigration. In 2004 i was clearly covered by the savings provisions that should of kept me on the old yearly return. These were. 1. you must be severely disabled. which ,then meant getting 45 or more points in a medical.
2. you must have been out of the country on july 1st 2004.
3. you must have not come back to Australia permanenty.
I was clearly covered by 2 & 3. but didn't find out these provisions until i went to legal aid in 2006 after my first SSAT appeal which i lost. Legal aid then told me to have a complete medical, something which C/L had never asked me to do. Sure enough i was extremely happy after being told i was now SEVERELY which meant i was covered by the savings provisions. Not quite so fast as i went all the way to the federal court but couldn't get things changed even though every tribunal member and justice Heerey in the fed court had total sympathy for me and some even apologised for not being able to help. It's the law they said.
It would seem that unlike civil and criminal law, once an administrative decision was made at the SSAT it can never be reversed because of some perverse law the politicians made. So i am still in jail, so to speak today after evidence i didn't do the crime came to light. Only total C/L incompetence sees me still here today eight years and 100 or more exhausting flights later. A few quotes. From the barrister who helped me at the federal court. "The only thing you did wrong was not see him or legal aid prior to the first SSAT hearing", in which like everybody else C/L encourage people not to get legal help. Even a centrelink lawyer told me later on " I strongly urge you to continue the fight as it is an injustice " An advocate told me it seemed "like you are being denied natural justice"
So eight years on i continue to fight with a lawyer still trying to get my case to the high court. but i can only dream of that happening so i continue to fight on others fronts while i wait. I could write volunes on my treatment from many politicians and Jongen of C/L. There have been nothing but lies,fobs offs and abuse from them and not one of my questions have been answered in any way shape or form from any of them. Then about two years ago i had the AFP try and intimidate me on behalf of Bill Shorten and the Jan McLucas who are both totally unfit for public life let alone dealing with disabled people. Their deceit and abuse had to be experienced to be believed. And all because i continued to ask questions to them. I though Ellison of the liberals was bad but these two labour politicians even outdid him for ruthless treatment. Never once have i ever done even the slightest thing untowards any of them. Not even once have i said the F word even and i certainly felt like it everytime they infered i was a cheat or worse. Had this of not happened i have little doubt my buisness would be up and running and i would be off the pension forever. But until today i thought i was the only one fighting them. A real eye opener to the true world of C/L from others. Lastly, i read on the centrelink website recently that under the new laws that kick in tomorrow if yopu are severely disabled and irreverseable with no work capacity you can get indefinate portability. Ok, at least it's a consolation prize. Again not so fast as they agree with the last two but now tell me i am no longer SEVERELY. sorry only six weeks. In 2006 i had another stroke that took me up to 50 points then tomorrow a miracle will reverse that event. Or maybe just cocks up from the politicians as i continue to ask them WHY.
Since 2004 i have lived on aprox $30.00 a week with airlines getting most of my pension as even then i still have a far better life than i can ever expect again in Australia. I live in a box with a fan but at least i live in hope but when i return on my last thirteen week flight in Feb i have no idea where i will end up as they told me even if i flew back every six weeks they might recind my residency status. Human rights abuse at best and torture at worst is how i see it. Ok, i will end now as i believe it may even by the biggest cover up in C/L history as i now seek compensation where as in the begginning i just wanted logic to prevail. Bye, XXXX.
