Monday 29 June, 2009
Veterans have fought,
have died, have been wounded, and have suffered
disabilities in protecting “Democracy”.
They therefore have
a very strong right to have democracy work for them.
An essential component of
democracy is the doctrine of the separation of powers – the
executive arm of government and the judiciary are
independent of one another and separate from one another.
Repatriation matters this is circumvented by the
bureaucracy who control what matters proceed to the
judiciary. The Australian Federal Police decline to
investigate using their regulations as justification. So it is difficult for issues affecting veterans
to be ruled on by an appropriate court.
When they have made
it through to the High Court (the top of the legal
hierarchy) the result has been five to nil in favour of the
veterans against the Repatriation Commission.
Repatriation Commission does not accept the umpire’s verdict
and seeks to have the law changed. They did so with O’Brien
but were thwarted in their efforts to do the same after Bushell by the Democrats voting with the conservatives who
were then in opposition.
The Repatriation Commission has got around this by not applying the precedents
correctly (or at all).
The accompanying submissions
satisfy the "anomalies" criteria specified in the
DVA request for submissions in relation to the
Veterans' Entitlements Act 1986, as amended.
This web site has copies of
extensive correspondence in relation to these matters. I
have twice written to all 225 members of the Federal
Justice will only be served by
having the matters referred to in this submission determined
in appropriate courts. It's been my intention for some time
to do a cold canvas of law firms in an endeavour to get
these matters into the courts. I was delayed caring for my
dying mother but now that Mum has died my available time has
The bureaucracy already has the
power in relation to the "ultra vires" remedies. If it is
necessary to pursue the criminal breaches then the "governance
provisions" in the Criminal Code will encompass many in the
chain of command - right up to the commissioners.
Politicians appear to be exempt because of Parliamentary
Jailing bureaucrats isn't harsh
when we consider that Australia is prepared to sacrifice the
lives of each of its defence force personnel in times of
The monetary value of these
illegalities is considerable. For a single rate TPI (Special
Rate plus Service Pension) aged 55 (estimated life
expectancy 75) it is approximately $800,000 - hardly petty