Post by horace on Feb 1, 2011 13:16:20 GMT 7
At the moment we are waiting for the legislation about DSP and residency to be passed, and then there will come the Legal Challenges to the residency restrictions.
What about a legal challenge to ALL of the restrictions on overseas travel?
For example, Ruddthedudd wants to stay in Asia with his family, and this would be the best situation for himself, his family, for Australia and for the entire world. He could go to Centrelink and say "I want to stay with my family in Asia for ONE YEAR, and not come back to Australia during that time." The decision of the Centrelink officer will be "NO, you have to come back to Australia after 13 weeks if you want your DSP continued". Get the name of the Centrelink officer, the receipt number of the decision, and any other documentation. Record the conversation, great idea. Then take the evidence to the Social Security Appeals Tribunal, where the appeal will most probably be rejected on the basis of the existing legislation. Then Ruddthedudd can start the long journey up to the High Court, where ALL of the legislation that restricts overseas travel for DSPers can be challenged on the basis that it conflicts with the United Nations Convention on the Rights of Persons with Disabilities. There are further opportunities to take the appeal to the United Nations in New York.
I am not a legal expert, perhaps a lawyer can advise about whether you can do it this way. I am also not sure if you can do this remotely from Asia, without returning to Australia, to attend the court hearings, but it may be possible.
But I am very sure that there are many more Disability Support Pensioners out there who find themselves in a similar situation: their life is being disrupted and destroyed because of government legislation that essentially violates the United Nations Convention on the Rights of Persons with Disabilities.
AND NOW IS THE TIME TO STAND UP AND FIGHT FOR YOUR HUMAN RIGHTS, DISABILITY SUPPORT PENSIONERS !
CONTACT THE LAWYERS, TAKE YOUR CASES INTO THE COURTS!
What about a legal challenge to ALL of the restrictions on overseas travel?
For example, Ruddthedudd wants to stay in Asia with his family, and this would be the best situation for himself, his family, for Australia and for the entire world. He could go to Centrelink and say "I want to stay with my family in Asia for ONE YEAR, and not come back to Australia during that time." The decision of the Centrelink officer will be "NO, you have to come back to Australia after 13 weeks if you want your DSP continued". Get the name of the Centrelink officer, the receipt number of the decision, and any other documentation. Record the conversation, great idea. Then take the evidence to the Social Security Appeals Tribunal, where the appeal will most probably be rejected on the basis of the existing legislation. Then Ruddthedudd can start the long journey up to the High Court, where ALL of the legislation that restricts overseas travel for DSPers can be challenged on the basis that it conflicts with the United Nations Convention on the Rights of Persons with Disabilities. There are further opportunities to take the appeal to the United Nations in New York.
I am not a legal expert, perhaps a lawyer can advise about whether you can do it this way. I am also not sure if you can do this remotely from Asia, without returning to Australia, to attend the court hearings, but it may be possible.
But I am very sure that there are many more Disability Support Pensioners out there who find themselves in a similar situation: their life is being disrupted and destroyed because of government legislation that essentially violates the United Nations Convention on the Rights of Persons with Disabilities.
AND NOW IS THE TIME TO STAND UP AND FIGHT FOR YOUR HUMAN RIGHTS, DISABILITY SUPPORT PENSIONERS !
CONTACT THE LAWYERS, TAKE YOUR CASES INTO THE COURTS!