Senate secrets #2: More Senate “Don’t copy, don’t distribute” grave digger documentsthat help to conceal the post-breaching fatalities.

This posting contains some more documents that are covered by the 2nd Senate “Don’t copy, don’t distribute” suppression order that was posted in my last blog. Some of the following documents are NOT classified and I will leave you to work out which documents are. Note that even though some documents are in the public domain, they are still (unlawfully) covered by these 2 suppression orders.

[NOTE: The short link for this posting is:   ]

Disastrous Downstream Consequences:

Decisions sometimes have disastrous downstream consequences that no-one thought about or could foresee at the time. A good example of this was the RMS TITANIC which was only provided with enough lifeboats for half of the number of people on the ship. The logic at the time was ‘why waste money on lifeboats because the ship is unsinkable?’. When breaching legislation was thought up, no-one though that the legislation would be hijacked in the name of “Sound Economic Management” and that instead of hundreds being breached each year, that hundreds would be breached each hour!

Likewise, an occasional death from breaching was foreseeable but since they would be so rare, they were deemed to be acceptable. However, in 2012 with millions breached and a death toll that may be 2 – 4 times the ‘9/11’ death toll, today the key issue for politicians and public servants is “DAMAGE CONTROL”.

[January 2017 update]

I have filed  complaints the United Nations High Commissioner for Human Rights, allegING violations of Articles 6 & 7 of the Rome Statute, i.e. Genocide and Crimes against Humanity. The unreported deaths are MURDER under Article 7 (1) (a) of the Rome Statute and Murder under Section 18 (1) of the NSW Crimes Act (and similar laws in every state and territory in Australia.)

All welfare recipients should check out these court decisions at the AUSTLII website.  [ ] Just click on each link and scroll down to the paragraphs mentioned in each link:

  1. [see paragraphs 141 – 143]

  2. [ see paragraph 53 ]

  3. [see paragraph 50 ]

What the first 2 decisions reveal is simple: Centrelink has absolutely NO CONSTITUTIONAL RIGHT to determine legal liability when it accused welfare recipients of “breach of contract, or of being at fault if overpaid. Doing so is a criminal violation of section 142.2 of the Commonwealth Criminal Code Act (1995), i.e. ABUSE OF PUBLIC OFFICE that deliberately causes a detriment to someone.

The determination of the facts in ALL Centrelink over-payment claims or alleged breach of contract, e.g. the application of the unconstitutional ‘No show, no pay’ penalties, is a matter for a court to decide – not Centrelink.

In the 3rd decision, actions by public officials that leave people totally destitute, e.g. the BREACHING – NO SHOW, NO PAY PENALTIES, is something that the courts do not countenance.There are about 5 million ‘decisions’ made by the DHS/Centrelink in the last 40 years that are unconstitutional. It is therefore no surprise that the  breaching fatalities, [BREACH-GATE]and the fatalities triggered by fraudulent account payable claims, [WAIVER-GATE], are kept away from the courts and are still an official state secret!

In plain English, there is no such thing as an “irrelevant” Centrelink triggered homicide. These deaths are MURDER under state, territory federal, and international laws.

Below are some more “grave digger” documents that provide insight into what I believe will eventually be regarded as a humanitarian disaster of holocaust proportions. Please note that the “grave digger” numbering for these documents which bury the truth picks up from the previous blog.

Grave Digger #7. Chery Kernot’s press release re the Howard Government’s lethal Breaching Quotas.

Centrelink whistle blowers testified at the Independent Pearce Inquiry in to the impact of ther Howard Government’s breaching tsunami that they were being forced to meet breaching quotas. Since the quotas were illegal, Senator Vanstone denied there use but the statistics tell the true story, i.e. 346,078 breaches in FY 2000-01.

Grave Digger #8. Professor Pearce and Senator Vanstone argue over the Breaching Quotas.

Senator Vanstone’s denial of Breaching Quotas was vital because the quotas represented the fraudulent misuse of lawful authority  and her famous “Crack down on rorters” statements did not include the Federal Government or Government MPs.

Grave Digger #9. The Trish Draper 2000 “Travelgate” rort.

Senator Vanstone’s “crack down on rorters”, [aka An act of state persecution under Article 7 (2) (f) of the Rome Statute,]  did not include Howard Government MPs such as Trish Draper who got away with something that Tony Abbott and Joe Hockey would now very much like to ‘nail’ Craig Thomson and Peter Slipper for.
RE Grave Digger #9 (a): Federal politicians “make mistakes” and are not investigated but welfare recipients who make precisely the same ‘mistake’, i.e. “Obtain a benefit from the Commonwealth by deception” are investigated, prosecuted and convicted.
  1. Paragraph 5 0f the Australian Constitution does not make this distinction for the law is binding on all the people, including federal politicians, but the Federal Police ignored this.
  2. It is highly probable that the Feds ‘did a dirty deal’, i.e. no investigation of Travelgate and the Quotagate Murders in exchange for the draconian police powers contained in the Anti-Terrorism Bill #2.
  3. That possibility is very scary and needs to be investigated. The question is, who will bite the bullet and look at that possibility?
  4. The answer is even more scary; the people who have been convicted under the provisions contained i8n that legislation. If it really is the proceeds of a crime then it is unlawful and any convictions are invalid.

Grave Digger # 10. Senator Elliston’s letter.

Despite fierce parliamentary debate and Trish Draper’s confession, Senator Ellison wanted “evidence” before he would act! This was a cover up with the letter only being posted on the Thursday before the federal election.

Grave Digger #11. Buckpassing 101 by the Australian National Audit Office.

Buck-passing 101: The ANAO expected the Federal Police to investigate but the Federal Police, in clear violation of paragraph 5 of the Constitution,  had absolutely no intention of investigating Trish Draper because if she was convicted, then John Howard would have had to be charged as an Accessory after the Fact because he knew about Ms Draper’s false travel claim and kept quiet about it!

Grave Digger #12. Extract from a Centrelink annual report which highlights the focus upon saving money rather than saving lives.

Centrelink annual reports are incredibly detailed but in every report ever published by the DSS and Centrelink, the most critical information, i.e. the impact of breaching upon impoverished welfare recipients, was always absent. From Centrelink’s perspective, saving money was far more important than saving lives. In effect, each of these annual reports, and the quarterly ‘public accountability’ reports, see below, is A BRAZEN LIE. Why is this so? Because the most crucial information of all, the human impact of Centrelink’s breaching activity was deliberately omitted so that the public could make an informed judgement about the merits of breaching activity.

failure-ratesGrave Digger #13. The EWRE Committee dismisses post breaching fatalities as “not relevant.”

Work Choices legislation shared common ground with Breaching legislation in that it was bad legislation that would seriously disadvantage Australia’s already disadvantaged unemployed by making th even more vulnerable to predatory employers. Some employers were misusing breaching legislation by offering workers $2 per hour and threatening to have the job seekers breached for refusing to accept a “job”. Never mind minimum wage rates, if job seekers did not take the job, they were breached. This behaviour by employers and the fatalities caused by breaching activity were, as this email makes quite clear, brushed under the carpet by dismissing the submission, and therefore the fatalities, as “not relevant”. Would any families of those who died would agree with this callous summary dismissal of the post breaching fatalities by the EWRE Committee?

In a later letter from the committee received in March 2006 the committee added “unsubstantiated” to their reasoning.
2 of Centrelink 'smokescreen data tables that drew attention away from the more important unpublished Due of Care data such as post breaching fatalities.
Considering that all the committee chairperson had to do was pick up the phone and ask the Employment Minister to provide these statistics, that “unsubstantiated” remark is hard evidence that the committee was determined NOT to know about the lethal impact of breaching activity, especially the death toll caused by the Breaching Performance Indicator Target Quotas that had been identified by Cheryl Kernot way back in June 2000.
Grave Digger #14. WHO KNEW? How about Senator Xenophon, the so called “White Knight” of South Australian politicians.

“Don’t tell me, I don’t want to know” seems to be the attitude of even the Indepent MPs and senators. It is very much a case of “See no evil, hear no evil, speak no evil.” That appears to be the standard response from all 226 members of the Federal parliament. Emails’,letters and even office visits all failed to get even one minuute of face to face time with Senator Xenophon.

Grave Digger #15. WHO KNEW #2? Andrew Wilkie, the Independent Member for Denison.

Without Andrew Wilkie, the Gillard Government is in big trouble! Mr Wilkie is another MP who knows about post breaching fatalities but he is apparently not concerned enough to ask the Human Services Minister to have Centrelink finally publish the statistical data on these fatalities. Mind you, running for election, or re-election is very expensive and the release of this data could literally bring down the house and put Mr Wilkie out of a job. Without the necessary mega bucks to fund a re-election campaign, perhaps Mr Wilkie thought that the best solution to that problem was the “See no evil, speak no evil” solution? Welfare recipients in his electorate of DENISON should have a chat with Mr Wilkie about why he is silent on the issue of post breaching fatalities.

Grave Digger #16. Brendan O’Connor, the former Home Affairs Minister.
Brendan O’Connor wrote this BEORE Craig Thomson got into hot water. This letter highlights the incredible double standards of federal politicians when it comes to the issue of the criminal justice system. Protecting themselves comes ahead of upholding the law.

Brendan O’Connor’s letter is totally inconsistent with Senator Penny wong’s comments aboutthe seperation of pawers and the due process of law. Protecting politicians from prosecution and not having breaching quota fatalities investigated is a political process that, like breaching itself, is entirely unconstitutional.

Grave digger #17. Mark Arbib – a former Minister For Avoiding Unpleasant Truths.
It is possible for me to independently verify and confirm the term “Post Breaching Terminal Outcomes” but the key point is that although Senator Arbib was in a position to make the post breaching fatalities statistics available, regardless of the title currently used in the Centrelink customer database, he did not do so.

Please read the annotations carefully and then consider how they apply to the current political situation.

To be plogged: -Letters from Mal Brough and government agencies that have added to the wall of silence surrounding the post breaching death toll. (It is perhaps the one policy that ALL politicians share – “See no evil, hear no evil, and above all, speak no evil” when it comes to these fatalities.
Are you a lawyer? Think about the benefits of acting in the public interest (and gaining an international reputation) by challenging Centrelink’s tight fisted hold on the post breaching statistics. they are the critical key to what could be the world’s largest tort.
Are you a welfare recipient, student, sole parent, etc? Please, spread the word: – The URL “short link” for this blog is:
Copy that link and paste it into emails or onto your FaceBook page and let the entire world know that it not just refugees in leaky boats who have been slaughtered by the Australian parliament.
Ron Medlicott. GDA, Dip.T, Cert FLM (A Christian advocate of welfare rights.)
This entry was posted in Human Rights violations, News and politics, Political, Uncategorized, Welfare rights and tagged , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

2 Responses to Senate secrets #2: More Senate “Don’t copy, don’t distribute” grave digger documentsthat help to conceal the post-breaching fatalities.

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