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Post by Banjo on May 26, 2011 18:21:50 GMT 7
In what many members will consider to be a welcome landmark decision the SSAT appeared to rule that if the 13 week rule is observed Centrelink have no grounds to stop traveller's pensions. There's still a bit to read and I need to digest some of the considerations but the actual decision is an uncomplicated six lines.
I'd like to say now that I couldn't have managed this without the help and support I've received from members of this forum. I'd have tucked my tail between my legs and slunk back to Australia and applied for NewStart; which I was placed under enormous pressure to do.
Thank you everybody, today the little people picked up a win.
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Post by Banker on May 26, 2011 18:59:07 GMT 7
In what many members will consider to be a welcome landmark decision the SSAT appeared to rule that if the 13 week rule is observed Centrelink have no grounds to stop traveller's pensions. There's still a bit to read and I need to digest some of the considerations but the actual decision is an uncomplicated six lines. I'd like to say now that I couldn't have managed this without the help and support I've received from members of this forum. I'd have tucked my tail between my legs and slunk back to Australia and applied for NewStart; which I was placed under enormous pressure to do. Thank you everybody, today the little people picked up a win. Like I said to you on skype this is a win for all DSP overseas. Not only that but it goes to show that these bastards C/L can be taken on & defeated. So lets kick up the heat on C/L I would like to see our members start writing to the Ombudsman about the dishonesty of C/L and its employees, if you have a beef with C/L write to the Ombudsman, if they get enough complaints they may just listen to us. Banjo Also send the result of your case to WRG ;D Then in that way WRG will have a record of it for the files and any future cases that may come up. This has been a great day for our forum that Banjo took the time to start up just over a year ago. Thank you everyone that has helped especially you Banjo
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Post by aussie25 on May 26, 2011 19:09:33 GMT 7
I though the new rules would not be in effect until the 1st of July 2011 so they should not have cut it off at this stage but I am concerned that once the new law takes effect that people will start to be cut off.
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Post by Banker on May 26, 2011 19:10:52 GMT 7
I was so excited about this great news I almost forgot to thank spacey. She has brought a lot of experience to this forum and showed us if we fight we CAN win. She continues to do a lot of research work for us so a big thank you Spacey.
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Post by Banjo on May 26, 2011 19:22:25 GMT 7
This case was certainly one carried out under the old rules. Who knows, it could just be the beginning of the battle. With Minister Macklin backing down on her earlier threats of a crackdown it has to give us a more optimistic outlook though.
Agreed about spaceyone, I'll be thanking many members personally for their help and she will be high on the list.
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Post by Banker on May 26, 2011 19:50:36 GMT 7
In fact Banjo you should be grandfathered back to when you first got your pension, then you would have no more 13 week travel, which is a stupid idea.
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Post by rowdy on May 26, 2011 20:41:18 GMT 7
In what many members will consider to be a welcome landmark decision the SSAT appeared to rule that if the 13 week rule is observed Centrelink have no grounds to stop traveller's pensions. There's still a bit to read and I need to digest some of the considerations but the actual decision is an uncomplicated six lines. I'd like to say now that I couldn't have managed this without the help and support I've received from members of this forum. I'd have tucked my tail between my legs and slunk back to Australia and applied for NewStart; which I was placed under enormous pressure to do. Thank you everybody, today the little people picked up a win. I have four things to say: 1. Well done mate. Excellent. 2. Banjo is King 3. Banjo is King 4. Good Luck RTD, Give me hell mate. Rowdy
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Post by rodcourt49 on May 26, 2011 21:28:30 GMT 7
congrats 'banjo' on your re-instatement. Your persistence and honesty prevailed...well done.
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Post by Banjo on May 27, 2011 3:16:20 GMT 7
In fact Banjo you should be grandfathered back to when you first got your pension, then you would have no more 13 week travel, which is a stupid idea. While it would be nice for ME to be able to choose when I would like to return to Australia the strong residential ties I have to this country would bring me back on a regular basis anyway. Thanks to all for the congratulations and kind words. I hope this means that the light at the end of the tunnel has been turned on. By reading the investigator's report I suspect I was not the only one targeted, I hope that the other victims find the support and information we have here and stand up for their rights as well. Centrelink may consider that my case does not apply to others, DSP recipients with established homes and families outside of Australia could still face persecution. If this applies to you, don't wait for the axe to fall, start planning your defence NOW.
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Post by Deleted on May 27, 2011 8:07:21 GMT 7
Congratulation i am glad it is over. I agree spacey is a wealth of knowledge.
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Post by Banjo on May 27, 2011 15:13:57 GMT 7
I was told to contact a Centrelink office regarding reinstatement and back paying of my pension but was fobbed off with a name and number to ring. Needless to say that person has "just left his desk" or has been "temporally unavailable" all day. The expensive games go on and on.
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Post by Banker on May 27, 2011 17:36:02 GMT 7
I was told to contact a Centrelink office regarding reinstatement and back paying of my pension but was fobbed off with a name and number to ring. Needless to say that person has "just left his desk" or has been "temporally unavailable" all day. The expensive games go on and on. Banjo, Please make a note of all these things for the complaint sheet that will be going to the Ombudsman...
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Post by latindancer on May 27, 2011 17:40:37 GMT 7
That is indeed fantastic news, Banjo....for you and all of us. Must be a great weight off your mind ! As you say though, Centrelink may consider that your case does not apply to others. Your details are different, but the principle may be the same.....You mention a statement by them of six lines....would you mind posting them here ? Or a version in which your personal details are deleted / altered ? Did they make any statement of principle ?
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Post by rowdy on May 27, 2011 19:02:49 GMT 7
I am very happy for your outcome Banjo. I hope my appeal goes the same way as yours! RTD, I hope you mention too that you have not been advised as to the reasons of your cancellation.
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Post by spaceyone on May 28, 2011 8:06:36 GMT 7
Congratulations Banjo! I am so happy for you, and glad I was able to be of assistance.
This forum made the difference, so it is great that you made it for us, to be able to help each other through their games of deceipt and denial.
Yes, now you are facing another one of their tricks. I had read that Centrelink can drag things out when reinstating payments after a SSAT decision, just for the heck of it. Apparently, we are supposed to know that in advance, and request that the SSAT orders them to do it promptly, during the hearing.
I have been busy working on my reply to the Office of the Privacy Commissioner, who has been pretending to me that my disability employment provider is innocent of my complaints, unless I go through brochures of laws and nominate exactly which ones they did break.
It seems that breaking social security laws is not a punishable offence for them. Maybe because breeches of some of those laws can incur jail time or criminal charges. So he wants me to go through information laws, health laws and privacy laws, and pick out some lesser charges for them. He indicated a long time ago, that even if I do keep insisting on him investigating, he has no power to act or punish anyway.
I have written him a nice long email informing him that I no longer care what his investigation finds. That I have all the proof I needed now, of their guilt and corruption, and that it is time for me to take it before a court to let a magistrate or judge decide.
I think I might apply for compensation for the hardship I suffered for the 8 months that DEEWR refused to simply go through the On-Q HR file with me, and let me point out the errors, at the outset of my complaints. Especially when the real crime had been recorded and was plain to see.
A few weeks ago, someone claiming to be from the Ombudsman's department phoned me and said that Job Services Australia will investigate the charges of forgery. I yelled at her that she should not phone me and tell me bullshit, because we both knew hat DEEWR have refused for 8 months to address any of this. She assured me that they would this time. I argued and she disagreed, stating it was really going to happen this time.
I have left feedback at the job services webpage, giving them my email address and phone number and inviting them to call. They still have not.
So, I emailed the Ombudsman's Department yesterday and asked who I complain to about their officers acting corruptly to protect Centrelink employees, and refusing to investigate complaints for which I have all of the supporting evidence and proof.
Will let you know how it all goes, as usual. Keep up the good work fellow members. We made a difference, and soon we might teach Centrelink that you cannot deceive people, and get away with it, all the time.
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