Hey Bruce, what you say is all well and good but if you check with Human Services (as I did in my appeal)they will quote you the section of the act which defines how they determine you arrival time back into Australia and also the circumstances under which they would consider a continuance of payment.
The section of the act which they sent to me in their decision clearly states these circumstances and also clearly states that rescheduling of flights or flight delays does not fall under the category for payment continuance.
You can quote Australian airspace time or show GPS readings or do what ever you like but unless you have enough time to spend weeks or months appealing and trying to get some fairness from these pricks then you are wasting your time.
I'm sure that you are well aware of the Government's approach to all of us Plebs, and that is to "TARE THEN ALL WITH THE SAME BRUSH AND SHOW NO FLEXIBILITY WHATSOEVER".
Hi Peter, yhe i know what your saying. & yhe i even agree. Like you said the act clearly defines what falls under the rules. But as i was saying. What defines when you arrive in Australia?
Just coz the SSA sez you need to pass through customs in-order to be considered in Australia.
Just coz that's what they say does not necessarily make it so.
There are always exceptions to the rule. .....
I mean really ..... if you had two or more people on the welfare, all returning to Australia on the same plane, / same flight.
& as in my early post, that plan lands at 11pm or 11.30pm on the last day of the 28 day portability period.
& they all cross into Australian airspace at the same time. ( 11-11.30pm ) & they All land at the same time the plan touches down on the tarmac at the airport.
Yet' some get through customs before the others & before midnight .... & the rest pass through at the back of the line five minutes after midnight. Thus, resulting in some welfare recipients arriving back into Australia within the 28 day time frame. While the others
all ( who where on the same flight ) have their payments canceled because they passed through the customs desk five or ten minutes after midnight or the following day ( & a day late. ) resulting in their welfare payment being canceled.
After all ... i might have passed through customs five minutes after midnight, or in centrelinks eyes. That 5 minutes i was late might mean i overstayed my 28 day portability resulting in cancellation of welfare payments & forcing a new re-assessment of the welfare payment, & a new JCA.
But i can say this much ... If C/L cancled my payments coz i passed through customs 30 minutes after the other passengers on the same flight. but because i was at the back of the line & that meant i passed through the customs desk 5 minutes after midnight the following day. meaning i was away 5 minutes longer than the 28 days allowed. & in Centrelinks eyes 5 minutes after midnight means i was away 29 days instead of 28. ....
Well, lets just say id be glad i had a GPS reading that showed i entered Australian Air space 6 hours earlier.
Like i said Peter ... im not saying your wrong by any means. im just saying, there's always two sides to a coin.
Oh yhe' thats cool. But i was working on the assumption that the said person was returning from overseas, where they had already used their 28 days travel allowed for the 12 months to date.
& if it was me & id just used all my 28 allowable days overseas. & upon my return to Australia on the 28th day at 11.33pm i landed at the sydney Airport & through no fault of my own i was held up at customs while they customs agent cheeked everybody's bags, of all the people in front of me. & as a result of the hold up. Instead of passing through customs at 11.30-11.55pm on the 28 day, ... Instead i passed through customs at 12.05am on the 29th day, because of the earlier hold up.
& as a result C/L cancels my payments, orders a re-assessment under the new harsher rules. & seeks a new JCA assessment.
I guess id be happy to spend months working on the appeal. You know, since iv already traveled my 28 days & will not be able to travel again for another 12 months anyways. & Since my welfare payments had been canceled & a new assessment ordered' all because i passed through customs at 12.05 am instead of 11.59pm due to no fault of my own. ( maybe the customs agent was working slow for some reason, Upset/sick whatever)
All i know is iv 12 months before i can travel again anyways, & now im broke & hungry cos C/L canceled my payments.
Sure id be happy to spend months appealing it. it beats starving.
Plus, id have my GPS to prove i was already in Australian air space hours before, & also showing I had stepped foot on Australian soil long before i passed through the airport customs desk.
I mean after all .... what would i have to lose at that point. ... Cant travel for another 365 days, & welfare payments cancled. all over 5 minutes either way at the customs desk.
Id spend 3 months appealing that fact. ( what is the definition of returned to Australia, ) & ( when are you deemed returned )
But then this is me & i spent over a year appealing a decision to the ssat that i had already won on review at the arrow stage.
So the SSAT had to review the case & decide whether to
uphold the arrows decision ( in my favour ) or to change the decision.
But that's just me. ........ Maybe others would rather take centrelinks decision on the chin & prefer not to stir the pot. & thats ok aswell. But in-order to win the fight, You first need to through your hat in the ring.
(it was a matter of principle )