Memorial to the victims of Breaching.

 

The postings in this Blog are a memorial to the more than 3 million Aussie battlers have been Breached.

It is especially a memorial to the (estimated) 5,000+ battlers who did not survive being breached. Breaching was and still is a deliberate humanitarian disaster that is far worse than both “The Stolen Generation” and “The Forgotten Generation” humanitarian disasters. All of these disasters were the consequence of stupid political ideology that was allowed to over-rule common sense and compassion. Even worse, breaching quota deaths were caused by greed and political deceit that violated both Federal and States laws that deal with unlawful deaths; deaths which the Federal Police have blatantly refused to investigate because of their (political) "gravity/sensitity". 

In a blatant one-finger salute to the key democratic principles of Transparency and Accountability, for decades Australian Government “protocols” have ensured that Post-Breaching fatalities were never included in official reports. However, since November 2005, these deaths have officially been classified as both “confidential” and “irrelevant”! There is much that Australian citizens need to know about the humanitarian disaster known as Breaching.

1. “Breaching” is a short form term for Breach of Contract by welfare recipients. It is an unconstitutional process that only applies to people who receive some form of welfare support such as Austudy, Parenting Allowance, a Pension or an unemployment allowance.

2. Since 1946, a welfare allowance has been a Constitutional Right for parents, the sick and the unemployed.

3. When the Crown, or a Crown agency such as Centrelink, is involved in a Breach of Contract dispute, it is a matter for the High Court and not Centrelink clerks.

4. In 2002, two politicians, Tony Abbott and Amanda Vanstone, unintentionally made it possible to define Breaching as a criminal act of Reckless Endangerment.

5. Although Breaching legislation violates 24 basic human rights, the Australian Human Rights & Equal Opportunity Commission cannot intervene in this process as its charter prohibits it from doing so.

6. This means that the potentially lethal humanitarian disaster consequences of Breaching were known to politicians when breaching legislation was drawn up.

7. In addition, there were numerous unintended consequences that directly stemmed from deliberately depriving welfare recipients of such basic legal rights as the protection of the courts.

8. Some CES staff used to engage in unlawful Breaching competitions.

9. Some Job Network agencies misused Breaching legislation to “turn-over” long-term unemployed clients so that they could sign up new clients and receive a sign up fee of up to $3,000 per new client.

10. The worst rorter of welfare funding was the Howard Government by enforcing illegal Breaching quotas. In the 2000-2001 Financial Year, the Howard Government’s ‘quota system” resulted in 346,078 Aussie battlers being breached. This represented approximately 3 breaches per minute for every working minute of that Financial Year!

11. Breaching legislation violates both the legal Duty of Care and the civil law Duty of Agency obligations that federal politicians “owe” to welfare recipients. By blatantly violating these obligations, both federal politicians and “The Crown” can be sued for Negligence.

12. Knowing about the mounting breaching triggered death toll, the Howard Government attempted to double the breaching penalty from 3 months to six months in order to improve “welfare savings”.

13. Also knowing about the mounting death toll, the Opposition parties used their numbers in the Senate to reduce the penalty to two months.

14. In reality, every vote for Breaching legislation, regardless of the breaching "penalty", was a vote for an Act of State Terrorism!

All of the above numbered points are now secretly classified as “confidential” and in raising those issues in my blogs, I am violating a Parliamentary Privilege Suppression Order that I received in December 2005.

“Banana Republic Justice”.

1. Every person who signs up for welfare benefits is illegally and unconstitutionally forced to waive their legal and constitutional rights. As a consequence, deprived of the protection of the courts, welfare recipients became “fair game” targets for the unscrupulous. Even worse, they are denied Justice.

2. Sexual predators were able to surf the Job Network with impunity. Potential victims had to attend interviews for phoney jobs or risk being breached. In effect, the Job Network was a free procurement agency for these slimy predators.

3. Exploitive employers would offer prospective employees work at $2 per hour, less than 20% of the minimum wage and would threaten to have job seekers breached if they refused to accept the job. (Refusing a “legitimate” job was grounds for being breached.)

4. NO SEARCH WARRANT REQUIRED: an anonymous, spurious tip-off on the Welfare fraud hot-line means that Centrelink, aided by the Federal Police can investigate every aspect of the accused person’s life without requiring a search warrant. Digging back up to 7 years before the accused even applied for a welfare allowance, all financial details from banks, finance companies, past employers, ex sexual partners, and even church or social clubs could be obtained.

5. Centrelink does not require hard, objective evidence to launch such intrusive, legal rights violating investigations. All Centrelink has to do is “believe that a debt is owed”. Centrelink receives up to 100,000 anonymous, unsubstantiated calls per year, more than enough tip-offs to maintain its expensively advertised “10 prosecutions a day”.

6. “Perksgate”, mentioned in several earlier postings is a text book example of why federal politicians are above and beyond the law. “Perksgate” is hard evidence of why Justice in Australia is descending to the banana republic level.

For US readers, here is a hypothetical explanation of “Perksgate” using terms that you are familiar with:

· The Auditor-General delivers a report to the White House detailing how the Republican Party and the Democrat Party both organized rorting of allowances by senators and congressmen. 144 congressmen and senators are identified as having rorted $4.64 Million.

· Buck-pass 101 comes in to play at this point. White House policy prevents the Auditor-General from reporting this fraud to the FBI for investigation

· When the report is finally tabled in Congress, the President changes the “Entitlements” rules and tells both parties to stop rorting. No other action is taken.

· When a member of the public files a complaint with the FBI, the FBI refuses to investigate because (a) White House rules do not allow the FBI to investigate complaints about political rorting that are lodged by members of the public; and (b) the political “gravity/sensitivity” of the issue is so great that, for some strange reason, the FBI does not have the resources needed to conduct such an investigation.

Check out some of my earlier blogs and you will find the text of an email from the Australian Federal Police, the Australian equivalent of the FBI, which cites precisely those reasons for not investigating “Perksgate”!

Knowledge is Power because Truth is Power.

Now that you know the truth, how do you use it to end Breaching and restore Justice?

  1. Use the web link on the right hand side of this blog page to share the truth with others.
  2. Create your own blogs about Breaching or Perksgate and share them.
  3. I especially want to hear from people who know about breaching triggered deaths. (Officially these deaths are  Post-Breaching Terminal Outcomes.)
  4. Log into the Australian Parliament web site and email MPs and senators demanding to have ALL breaching fatalities data released to the public and to have the legal rights of welfare recipients restored. The House of Representatives web site is http://www.aph.gov.au/house/members/index.htm and the Senate web site is http://www.aph.gov.au/Senate/senators/index.htm
  5. Demand an official apology for the humanitarian disaster caused by breaching.
  6. If you have ever been breached, demand RESTITUTION, WITH INTEREST!
  7. If you are an Australian voter, the VOTE SMART.

"They trample down the weak and helpless and push the poor out of the way" (Amos Chapter2, verse 7.)

"They…" in the above quotation are the Liberal Party, the National Party, the ALP and Family First. These are the political parties who currently support breaching legislation, VOTE SMART is all about NOT re-electing politicians from these political parties.

1. The House of Representative vote is on the small (white?) ballot paper. Votes 1,2 and 3 DO NOT go to the above political parties.

2. The Senate vote: This is the big (coloured) paper and here you have enormous power, but only if you vote below the line. DO NOT VOTE ABOVE THE LINE. Yes it takesa lot of time to number 60 or 80, or even more boxes. However, it could take weeks to count your vote 80 or more times and until the count is finished, there can be no official winners. Since you are electing 6 senators, votes 1, 2, 3, 4, 5, and 6 must NOT BE GIVEN TO THE ABOVE NAMED political parties. It is a good idea to spread votes 1 to 6 across two or three minor parties, then randomly fill in the other boxes but making sure that you leave the political parties mentioned above until last.

The blog postings that preceded this blog contain more specific details of these issues and if you believe in such ideals as Democracy and Justice, then you should not only read them, you should both share them throughout your social network and hold politicians and the Federal Police accountable for our nation’s banana republic justice.

If you have no specific religious belief , you do have a moral obligation to take action to end the injustices mentioned in this blog. However, if you are a Christian or a Jew, then you also have both a spiritual obligation to “speak up and defend the cause of the poor and the needy” and to “Do Justice”, i.e. see that Justice is done so that "Justice flows like a river". (Read Proverbs, Chapter 31, verse 9, Micah, Chapter 6, verse 8 and Amos Chapter 6, verse 24.)

If you have a web page from which files can be downloaded, email me and I will send you a 5MB discussion paper entitled, An Absence of Justice, which looks at these injustices in much more detail. My ISP account limit of 2GB, combined with a very s-l-o-w Internet connection makes uploading this file in large numbers virtually impossible and so, if you can help, I really would appreciate it.

To do nothing, is to support these injustices. SO PLEASE, DO SOMETHING.

  1. Email politicians and demand that the details of breaching triggered deaths be revealed.
  2. Email the Federal Police and demand that the organized "Perksgate" rorting be properly investigated. Jeff.PEARCE@afp.gov.au
  3. If you have information about a person who died after being breached, please, email me at ronald48@optusnet.com.au with the details as soon as possible.

Ron Medlicott (Christian welfare justice activist.)

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