(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+ Aussie Battlers who did not survive being breached. Please, help to spread the word about this humanitarian disaster by using the “Share with a friend “link in the right hand column.)
Why are the deaths “estimated”? Surely there is hard data on the precise number of deaths caused by Breaching?
No, there is no hard data; as a senior Centrelink official recently wrote in a letter, “Centrelink does not collect ‘Post Breaching Terminal Outcome Statistics”. Is this because they think that welfare recipients are so worthless that their deaths are not worth counting? Perhaps, but I rather suspect that another reason applies.
“A reckless indifference to human life that results in the death of a person” is a very, very serious crime. As I have frequently mentioned in previous blogs, these deaths can be reclassified by State or Territory Coroners as Manslaughter or even perhaps even Felony Murder in South Australia. Needless to say, Centrelink is not too keen to brag about this particular "”scorecard” item. In fact, it is just about the only statistic that Centrelink does not record and report. If some of the families of those who died after being breached get together, they could argue a case in a Coroner’s Court that the deaths were Criminal Acts of Reckless Endangerment. It only takes one coroner to make that decision and those responsible for Breaching/Compliance Measures Penalty fatalities could face criminal charges.
What else can be said about Compliance Measures? (Formerly known as Breaching.)
- Victims may be able to Sue for Reckless Endangerment because every“Compliance Failure Penalty” involves an act of Reckless Endangerment. The basic idea behind the “serious “penalties is that you have absolutely no means of support and so you must either get a job or starve to death! Off course, there is no guarantee of a job vacancy that you can fill at short notice and the Rudd Government paid almost $44,400 per job to get unemployed people into work. If it cost the government that much to find one job, how does a person left destitute find a job?)
- Many victims may have been illegally ripped off (Defrauded) by Breaching Competitions, Breaching for Profit or by the Howard Government’s ruthless enforcement of Breaching Quotas.
- All victims in the above categories can sue for Restitution and Compensation. The best way to do this is to get together with others and launch a class action. Two people is enough but 200 people doing it means a greater chance that a lawyer will do it Pro Bono,; this means doing it for free because it is in the Public Interest.
- The process of deciding that victims have made a “Compliance failure” is a Complete Denial of Natural Justice, a serious violation of Civil Rights, e.g the Presumption of Innocence, and the process is also of extremely dubious Constitutional Validity.
- Some two dozen basic Human Rights as set out in the United Nations Universal Declaration of Human Rights are violated with every “penalty” imposed.
- The Rights of the Child obligations may also be violated if a penalty is imposed upon a parent without FIRST giving full consideration to the impact of the penalty upon any children who may be affected by the imposition of the penalty.
Tony Abbott recently mentioned that he would like to bring back Breaching. Presumably he means the ‘sudden death’’- NO SUPPORT policy that existed when he was the Employment Minister in John Howard government. That No Support policy violates all of the above mentioned points and could potentially expose Australian taxpayers to the largest and most expensive class action in Australia’s history. The super-tax that we would have to pay to fund compensation payouts, when compared to Kevin Rudd’s “Supertax” on mining, would make Mr. Rudd’s tax seem like kids pocket money!!!
Don’t get Angry. Get Even.
Anyone who has been Breached or ripped off with a “Compliance failure penalty” should keep cool and hit politicians where it really hurts,; at the ballot box. You do this by VOTING SMART. (Roughly 25% of voters have been Breached – enough to really hurt Labour and Liberal who usually win government with just over 30% of the Number 1 vote.)
- If you don’t vote, you don’t count and so you don’t hurt politicians.
- Labour, Liberal, Nationals and Family First support Breaching/Compliance Measures so these are the political parties that DO NOT get you number 1, 2, 3 or 4 vote on the small ballot paper.
- On the big Senate ballot paper, VOTE BELOW THE LINE and make sure that the numbers 1 to 12 go to other minor parties or candidates. (I recommend leaving Labour and Liberal to the very last but that is for you to decide because its your vote.)
- VOTE SMART and the newly elected politicians that you voted for will soon dump “Compliance Measures” if they want to stay on the Gravy Train. Especially if you contact them and demand a Royal Commission into Compliance Measures fatalities.
DO NOTHING AND YOU GET NOTHING:
Vote Smart and you could open the door to being paid Restitution and/or Compensation for what has been done to you. Politicians and bureaucrats may also finally be held accountable for the deaths caused by Breaching/Compliance Measures. Remember how quick Tony Abbott was quick to point the finger at Peter Garrett over the 4 ceiling insulation installer deaths? A Royal Commission could determine just how many fatalities that he may be responsible for and the various State and Territory Prosecutors would get to decide whether or not he faces charges over these deaths. Wouldn’t that be nice?
The Lord works righteousness and justice for all the oppressed. (Psalm 103, verse 6 – NIV BIBLE translation)
Ronald Medlicott (Christian welfare justice activist.)