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Post by zorro1 on Nov 20, 2011 11:51:35 GMT 7
The way I see it C/L gives a warning first before cutting any one off regarding residency issues ?
Lets assume a DSP'er is reeled in and forced back to OZ, how long before they could resume the 13 week gig again?
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Post by Banjo on Nov 20, 2011 14:04:06 GMT 7
Depends what you consider to be a warning.. I consider to be the surest sign you're in the shit is nothing in the bank on pension day. Basically, in my personal experience, they cut you off then tell you why. The second time I lost the pension I was interviewed on the phone then told I was cut off. I was told that I was being investigated and given 14 days to ring them prior to this.
On the DSP being reinstated I can't see why you cannot get the next plane out... unless... they tell you otherwise and give the reason... work assessment commitments etc.
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Post by zorro1 on Nov 20, 2011 14:41:22 GMT 7
Perhaps they are asking Rod what his intentions are because he is overseas, It would be pretty low to cut off in a foreign land. I guess we could then turn up at the embassy and show them the letter and maybe get a free flight home
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Post by Banjo on Nov 20, 2011 15:37:59 GMT 7
You could try. I've been cut off twice while overseas.
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Post by rodcourt49 on Nov 20, 2011 23:03:32 GMT 7
..I just found this via another link..however I cut/pasted only relevant excerpts of their "Terms and Definitions". Interesting to note their is NO definition of "intent". Excerpts from “Centrelink Terms and Definitions”. www.centrelink.gov.au/internet/internet.nsf/filestores/co566_1010/$file/co566_1010en.pdfNOTE: There is no definition of the word “intent” in Centrelink’s Terms and Definitions. Continuous residence Residence in Australia that is uninterrupted. A temporary absence from Australia (e.g. a short holiday does not usually break the continuity of the person’s residence. Grandfathered An exemption that allows an old rule to continue to apply to a customer’s entitlement to a payment or benefit after a law has changed or a new law introduced. Interrupted residence A break in the continuity of a person’s residence in Australia or another country. It usually means that the person has become a resident of another country. Period of residence The period(s) of time that a person is considered to be resident in a particular country. Permanent resident In relation to Australia, a person who has made Australia their permanent or usual country of abode. The person would normally live in Australia or at least their permanent home would be located in Australia. Portability A system allowing social security payments to be made while a customer is outside Australia. Portable pension. A pension, which under certain circumstances, can be paid to customers residing in, or temporarily in another country. Residence A person’s usual place of living, i.e. their house, home unit, flat, caravan, etc. It may also refer to the state of residing in a country, that is, the usual country of residence. A person can still be resident in a country although they may be temporarily out of that country.(Page 31 of 40).
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Post by Banker on Nov 21, 2011 7:13:55 GMT 7
Thanks for that Rod. Perhaps Banjo can put this in his file. ;D
I contacted Immigration when I was in Sydney a few weeks ago & asked them what the law/ rules are for an Australian Citizen regarding residency they replied that it has nothing to do with them. I also asked how the Australian Government could have different residency rules for different sections of Government, like C/L and the ATO their reply was that each Govt dept has different legislation for different departments.
I personally don't believe this, I think they just make up their own rules.
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Post by Banker on Nov 21, 2011 7:16:29 GMT 7
You could try. I've been cut off twice while overseas. You will find a lot of people have been cut off without warning over the years, I know of several.
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Post by rodcourt49 on Nov 21, 2011 7:37:02 GMT 7
INTENT “intent” as applied to Centrelink’s decisions. ..resolved or determined to do. (Oxford Dictionary). ..my state of mind ..my frame of mind. ..a resolution to use a certain means to reach an end. ..the present ability to effect a purpose.
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Post by rodcourt49 on Nov 21, 2011 7:56:32 GMT 7
Perhaps they are asking Rod what his intentions are because he is overseas, It would be pretty low to cut off in a foreign land. I guess we could then turn up at the embassy and show them the letter and maybe get a free flight home ..well this opens up the other 'can of worms' (I realise I raised this question before here on the forum, but feel it's time this question was given some consideration about whether or not the Australian Embassy is Australian soil..for the purposes of a person seeking refuge and all other busness it certainly is...but when I asked Jenny Macklin's Office 2 years ago, could I report there each 3 months they quickly 'hand-balled' it saying it was up to the Federal Department concerned as to how they determined it. (Centrelink said 'no'. All they said was I was dealing with a government department and therefore had to be back in Australia). Once again it would be a good thing if we could get this legally tested, and by that I mean a legal determination by the Solicitor General's Office. (These offices are in all states and are called on time to time to make clear certain aspects of the law which have been drafted and used as test cases in the courts). I have no idea whether there is a similar office in the Federal system...one would think so. What about this Welfare group, can they assist? So, if anyone has any contacts in Canberra perhaps this avenue could also be explored. What do you think?
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Post by Banjo on Nov 21, 2011 8:24:20 GMT 7
I suppose in theory you would have to ring Centrelink International Services from the embassy grounds and because they couldn't see you on their immigration department screen you would then have to prove where you were. This could be difficult, my dealings with our countries embassies have been ordinary at best; I once spent most of the day in the Bangkok one trying to get a statuary declaration signed an came away empty handed. The Vientiane embassy told me (a long time ago) that I was going to get locked up and not to expect any help from them when I did. (I informed them I wanted to marry a Lao citizen).
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Post by Banker on Nov 21, 2011 9:41:50 GMT 7
From my experience don't waste your time with the Australian Embassy in any country as they are a law unto them self. They do not have to answer to any one not even the Department of Foreign Affairs can intervene.
I took a friend to the Embassy here about three years ago he was trying to get a visa to Australia, they would not let me in the gate and yes I had my passport in my hand. I was instructed that I must make an appointment to get in.
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Post by latindancer on Nov 22, 2011 15:54:40 GMT 7
Well, Centrelink still hasn't communicated with me or replied to my email requesting what decision has been made about my marriage. And no explanation about one completely missing payment. It's been weeks since my "Module P" was faxed to them, and they have processed it because I just got a payment of $564. .....down from over $800. They reduced my fortnightly payment by more than my wife earns every fortnight. 3 full working days ago I sent an email requesting details. Nothing yet. Aren't they obliged somehow to reply ? Or can they just ignore a person ? Or drag their feet forever ?
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Post by Banjo on Nov 22, 2011 21:17:46 GMT 7
They're pretty good at feet dragging... I'm not sure what their obligation to reply to an email is, did you get an automated response?
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Post by latindancer on Nov 23, 2011 21:14:11 GMT 7
After my polite "did you even receive my email" yesterday, I received an automated response today saying it was being processed. Now 4 full working days since the first letter. And it's weeks since I faxed the "Module P". " Please wait, you will be attended to shortly" ..... " Please wait, you will be attended to shor" "Please wai....hic....crunch..... crackle.....buzz...."
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Post by Banker on Nov 24, 2011 5:34:37 GMT 7
After my polite "did you even receive my email" yesterday, I received an automated response today saying it was being processed. Now 4 full working days since the first letter. And it's weeks since I faxed the "Module P". " Please wait, you will be attended to shortly" ..... " Please wait, you will be attended to shor" "Please wai....hic....crunch..... crackle.....buzz...." Sounds like you are trying to contact Centrelink, perhaps it would be easier to contact " The North Korean Government "
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