THE PEOPLES DEMOCRATIC RIGHT TO PROTEST: High Court of Australia, BROWN & ANOR versus THE STATE OF TASMANIA, 2 May 2017

BROWN & ANOR versus THE STATE OF TASMANIA, High Court of Australia, Canberra on 2 May 2017 at 10.15 am before the full court:

BROWN & ANOR v THE STATE OF TASMANIA (H3/2016)

Date Special Case referred to Full Court: 13 December 2016

The issue in this proceeding is whether the Workplace (Protection from Protesters Act) 2014 (Tas) (‘the Act’), in whole or in part, contravenes the implied freedom of political communication in the Commonwealth Constitution.

The plaintiffs were each arrested and charged, purportedly under the Act, in early 2016 as a result of their onsite political protest against the proposed logging of the Lapoinya Forest in Tasmania. The respective criminal proceedings against them were abandoned by the police after the commencement of this proceeding. The plaintiffs contend that the Act is either wholly invalid or, at the least, is invalid in so far as it applies to forestry operations on forestry land as defined in s 3 of the Act.

The Act allows police officers to prevent the commencement or continuation of an onsite political protest that they reasonably believe is preventing, hindering or obstructing or is about to prevent, hinder or obstruct a "business activity" at any "business premises" or "business access area" as defined in s 3 of the Act, anywhere in Tasmania. The key provisions empower police officers to prevent the commencement or continuation of onsite political protests by directing the protesters to leave and stay away from business premises and business access areas for up to three months under pain of arrest and of criminal penalties if they do not do so.

The plaintiffs contend that ss 6 and 7 of the Act target and single out for prevention and punishment onsite political protest and protesters without any broader purpose of preserving, enhancing or protecting political communication. Further, they contend that no reasonable provision has been made in the Act to preserve or protect political communication.

The defendant contends that the Act protects (amongst other things) business activity lawfully carried out on land in the lawful possession of a business operator, and that the plaintiffs are seeking to prevent, hinder or obstruct activity of that nature. They submit that the Act does not restrict protest activity on land other than business premises or business access areas; it has a narrow operation and effect; it is compatible with the freedom and is in any event reasonably and appropriately adapted to the fulfilment of a legitimate purpose.

On 13 December 2016 Gordon J referred the Special Case for consideration by the Full Court. Notices of Constitutional Matter have been served. The Attorneys-General for the Commonwealth, Victoria, New South Wales, Queensland, and South Australia have filed Notices of Intervention. The Human Rights Law Centre has been granted leave to appear as amicus curiae, limited to submissions in writing.

The question in the Special Case is:

• Is the Workplace (Protection from Protesters) Act 2014 (Tas), either in its entirety or in its operation in respect of forestry land, invalid because it impermissibly burdens the implied freedom of political communication contrary to the Commonwealth Constitution?

This is the NBN Liberal & National Party MPs & senators are offering most of remote, rural and regional Australia

Stories from B.I.R.R.R. from MaRiKi Media on Vimeo.

https://vimeo.com/209040090

Clarence Valley Yarn Bomb - warm clothing swap or give 1-5 May 2015

Clarence Valley Council - Events

yarn bomb - clarence valley

Event Date: May 1 2017 - May 5 2017

Event Type: Fundraiser

Contact Name: Mel Orams

Phone: 0423 976 582

Email: melanie.orams@gmail.com

YARN BOMB - MACLEAN + YAMBA + GRAFTON

WHAT’S ALL THE YARN ABOUT???

When Yarn Bombing first emerged as a movement, it was about injecting colour and joy into everyday life, by anonymously wrapping bright coloured yarns around every day stationary objects, such as trees, or street signs, in high traffic areas.

Since then, the movement has evolved to include the idea of using warm clothing, to create a bright coloured display, where people are welcome to take what they need, swap, or give clothing away. This is an event run by the community, for the community!

WHEN AND WHERE IS IT HAPPENING???

WEDNESDAY – FRIDAY 3-5 MAY, 2017

RIVER STREET, MACLEAN

FENCE NEXT TO MACLEAN CELLAR

FENCE OPPOSITE HOME HARDWARE

THE BOTTOM PUB BEER GARDEN (WET WEATHER)

WEDNESDAY – FRIDAY 3-5 MAY, 2017

TREELANDS DRIVE, YAMBA

TREELANDS DRIVE COMMUNITY CENTRE, FENCE OF THE MEDICAL CENTRE NEXT DOOR

OR 

INSIDE THE COMMUNITY CENTRE (WET WEATHER)

MONDAY – FRIDAY 1-5 MAY, 2017

GRAFTON

NSOA NEIGHBOURHOOD HOUSE, CORNER OF SPRING AND NEW STREET, SOUTH GRAFTON 

GRAFTON TAFE

THE HUB BAPTIST CHURCH, CORNER OF QUEEN AND OLIVER STREET

HOW YOU CAN GET INVOLVED!

From NOW, until the beginning of MAY 2017, we are seeking donations of any new or preloved, clean winter clothing for adults or children; blankets; bags/backpacks; hotel soaps/travel toiletries; clothing pegs. 

Members of the public are welcome to hang or drape their own donations on the dates, and at the venues listed above. Alternatively, donations can be dropped off at following locations until the beginning of May:

MACLEAN PUBLIC SCHOOL

Woodford Street, Maclean

DURING TERM

LIBRARY at MACLEAN HIGH SCHOOL

Woombah Street, Maclean

DURING TERM

TREELANDS DR COMMUNITY CENTRE24

Treelands Drive, Yamba(Opposite Mc Donald’s)

Monday - Friday 9AM-4PM

GRAFTON

Direct to the Grafton Venues on the days of the event.

The American Resistance has many faces and these are just two of them (6)

“In the absence of a federal framework, we will continue to work with US states and cities who are demonstrating clear leadership through the Under2 Coalition, and businesses who see that the future will be about clean energy.” [The Climate Group, 1 April 2017]

On 28 March 2017 U.S. President Donald J. Trump issued an executive order titled PROMOTING ENERGY INDEPENDENCE AND ECONOMIC GROWTH.

This order commences the process to roll back climate change mitigation, environmental, public health and safety regulations governing the energy and mining sectors in the USA.

Resistance was immediate……………………..

Statement from The Climate Group in response to the Energy Independence Executive Order, 28 March 2017:

US President Donald Trump signed an Executive Order on March 28, aimed at making dramatic changes to the US approach on climate action. Commenting on the order, Helen Clarkson, Chief Executive, The Climate Group, said: “In the absence of a federal framework, we will continue to work with US states and cities who are demonstrating clear leadership through the Under2 Coalition, and businesses who see that the future will be about clean energy.”

Today (28 March 2017), US President Donald Trump signed an Executive Order aimed at making dramatic changes to the US approach on climate action. 

   

Commenting on the order, Helen Clarkson, Chief Executive, The Climate Group said:

“Today’s decision to end the Climate Action Plan and review the Clean Power Plan is a major step backwards for the US.

“National policies to reduce US emissions and boost clean energy to date have helped create jobs for nearly 800,000 Americans, with another 2.2 million Americans working on energy efficiency. With the clean energy sector growing globally, and with the EU and emerging economies such as India and China all embarking on clean energy transition policies, the US should be doubling down on its current efforts, not turning back.

“This also runs counter to the leadership we’ve seen from US businesses, states and cities who are setting ambitious climate and clean energy goals, and are more committed than ever to achieving them. Just today, we have seen the world’s largest brewer, AB InBev, join our RE100 campaign, committing to 100% renewable electricity across its global operations.

“Federal action to reduce greenhouse gas (GHG) emissions helps safeguard the prosperity of American citizens and future generations. In the absence of a federal framework, we will continue to work with US states and cities who are demonstrating clear leadership through the Under2 Coalition, and businesses who see that the future will be about clean energy.”

UNDER2 COALITION GOVERNORS AND MAYORS ISSUE STATEMENT ON EXECUTIVE ORDER TO REVIEW THE CLEAN POWER PLAN, 28 March 2017:

The governors of California, Connecticut, Minnesota, New York, Oregon, and Washington, and mayors of New York City, Oakland, Portland, Sacramento, and Seattle, issued the following statement on behalf of the Under2 Coalition in response to the recent Executive Order to review the Clean Power Plan: 

“As United States governors and mayors, we speak with one voice against the decision to review the Clean Power Plan. As members of the Under2 Coalition, we know that the climate crisis demands global action at every level. As Washington, D.C. delays, the work to reduce greenhouse gas emissions in our cities and states continues. Our commitment to limiting global average temperature increase to well below 2 degrees Celsius remains. We will not waver. And we will continue to enlist like-minded cities, states, regions and countries around the world to join this fight.”

The Under2 Coalition is a global pact of 167 cities, states and countries representing more than one billion people and US$25.9 trillion in combined GDP – more than one-third of the global economy. Coalition members commit to limit greenhouse gas emissions to 2 tons per capita or 80-95% below 1990 levels by 2050. The Under2 MOU was formed in 2015 by the states of California and Baden-Württemberg, Germany to mobilize and galvanize bold climate action from like-minded city, state and regional governments around the globe.

The Climate Group acts as Secretariat to the Under2 Coalition and works directly with government signatories and partners of the Under2 MOU to drive net-zero ambition and action.

U.S. Natural Resources Defense Council, 23 March 2017: 

No More Bumbling—Bee Cleared for Endangered Species Listing

Daniel Raichel

There are times—even today—when law and science triumph over politics.

Hard to believe, I know, but that’s exactly what happened this week when the Trump Administration backed away from its “freeze” on listing the rusty patched bumble bee as an endangered species.

The rusty patched bumble bee is the first bumble bee to receive endangered species protections, and for good reason.  Although common across the Midwest and the East Coast as recently as the mid-90s, since then, the bee’s population has plummeted by about 90%. After studying the bee for years, the U.S. Fish and Wildlife Service came out with a report last summer, finding it was likely to disappear from most of its remaining habitat within five years, and go completely extinct within thirty.

That’s one small step for a bee, one giant leap for common sense.

Recognizing there was no time to waste, the agency finalized a rule to list the bee as an endangered species in January. The rule was set to take effect in thirty days, but then Donald Trump was inaugurated as President of the United States.

On day one, the Trump Administration issued an order to “freeze” or delay the effective dates of all final rules, including the rusty patched bumble bee listing. The Fish and Wildlife Service then issued a notice—just one day before the bee was scheduled to be added to the list—claiming to delay the effective date of the listing until March 21.

That’s when we sued. Because as any good government attorney knows, agencies can’t simply discard or delay final rules years in the making at the whim of the president. They must instead follow the procedure required by law, which includes fair warning of a change in policy and an opportunity for interested members of the public to weigh in. The process can sometimes be slow, but it’s designed to stop rash, baseless, or purely political decision making—like, say, suddenly stopping the listing of a critically imperilled species supported by years of scientific study and review.

Given the Trump Administration’s questionable track record on appropriate legal process, we had anticipated a fight. But then, something incredible happened—the Administration backed down and allowed the rusty patched bumble bee to get the federal endangered species protection it so desperately needs.

While it’s hard to know whether this victory for common sense will be repeated elsewhere, it’s unquestionably a win for bees everywhere—especially for the 4,000 species of native bees here in the U.S.  While native bees like the rusty patched don’t always get the same attention as honey bees, they are just as important to our food and our environment, and many are just as in trouble.  That’s why we’re hopeful that the protections the rusty patched bumble bee now enjoys will begin to help other bees too, chipping away at the larger bee crisis before it’s too late.

The devil, of course, is always in the details, so we’ll be watching closely as the Trump Administration starts to implement those protections.  Whatever happens, one thing’s for sure—if they step out of line again, we’ll “bee” there.

Ballina Council and sand miner behaving badly?

Echo NetDaily reported on 27 March 2017 that McGeary Bros Pty Ltd plan to extend its quarry operations:

Residents of Lennox Head and the Ballina Greens are opposing a proposal to create a new 3.2 million tonne sand mine on Newrybar Swamp Road, saying an existing mine in the area is already exceeding its extraction approvals and creating a blight on the coastal landscape.

The No Sand Mine for Lennox group said that following its investigation of the existing mine, Ballina Shire Council admitted that despite quarterly statements being submitted to the council clearly outlining the over extraction, council have not contacted the miners to discuss their over extraction, nor imposed any restrictions or fines.

Newrybar resident and Greens member Nathan questioned if the council was unwilling or unable to control the extraction rates of the existing mine, how would it manage the much larger site.

‘We would like to question whether council understands or is monitoring the impact on the very sensitive Newrybar Swamp and North Creek. The over extraction of 115,000 tonnes of material means that there has been about 115 million litres of water displaced,’ he told Echonetdaily.

‘The new mine is proposing a much, much larger sand mine for that same area,’ he added.

‘Locals are already concerned about the number of trucks on the road, whether environmental concerns are being monitored correctly as acid sulphate soil issues, water runoff, habitat loss and agricultural land loss.

‘Then there are the trucks, the noise, the damage to local infrastructure, safety and the fact the tab for any damage will have to be picked up by ratepayers.

‘So that’s what motivated us to have a bit of a look into it and check what’s happening with the current mine,’ he said.

Lennox Head resident and group spokesperson Amelia Hicks said that on council’s statements the group estimates ‘there have been 18,000 extra truck movements’ east and west on Ross Lane in 2016 ‘which equates to 62 additional truck movements per day’.

The Lennox Wave, 29 November 2016:

According to Planners North spokesperson Steve Connelly, ‘We submitted a basic application to the Department of Planning and Environment seeking Secretary’s Environmental Assessment Requirements (SEARs).

The Secretary of the Department consulted all relevant government departments then issued us with a very comprehensive set of Environmental Assessment Requirements. These SEARs must be addressed as part of the Environmental Impact Statement (EIS) for the Development.

We are preparing the EIS, in association with an expert team of environmental, design and engineering consultants. The EIS must include comprehensive environmental management and monitoring measures.

That EIS, when it is completed, will be lodged with the with Council. The EIS will be publicly exhibited for at least 30 days. During this time, submissions will be invited from the public and Council consults with all the government agencies.’

As part of the EIS issues of soil, water, noise, biodiversity, transport, heritage, waste, public safety, visual impact, social and economic factors, and rehabilitation will all be addressed.

Meanwhile, Amelia Hicks is urging residents to stay alert and ready to take action on this issue. If you would like more information on the planned mine or would like to get involved you can contact her on amelia.hicks@me.com.

Dear Mr. Hogan, What is your position on your leader's plan to encourage the gas industry by mandating that landowners "hosting" wells be given 10% of royalties?

  

Knitting Nannas Against Gas

Grafton Loop

c/- PO Box 763

Grafton 2460

knaggrafton@gmail.com

_____________________________

24th March 2017

Mr Kevin Hogan MP

Member for Page

63 Molesworth St

LISMORE 2480

Dear Mr Hogan

Barnaby Joyce’s Gas Royalty Plan

The Grafton Loop of the Knitting Nannas was surprised to hear that the National Party Leader, Barnaby Joyce, is promoting a plan which he believes will lead to community acceptance of CSG and unconventional gas mining in areas of our nation where there has been strong resistance to this invasive and polluting industry.

We believe that Mr Joyce has no appreciation of the deleterious impacts of gas-mining which have been overwhelmingly demonstrated in Queensland as well as in other parts of the world. We also believe that his attempt to bribe landowners will not lead to community acceptance of the industry.

Some of the Nannas in our Loop have experience of what a Queensland gasfield is like and how appalling living in or near a gasfield is to local communities. You might care to read Nanna Lynette’s gasfield inspection report on the Nannas’ blog at: http://knaggrafton.blogspot.com.au/2016/12/queensland-gasfield-tour-knitting.html

Mr Hogan, you previously supported those who opposed the industry in your electorate. (We are uncertain whether this concern about the industry extended beyond your electorate to other parts of the nation.)

What is your position on your leader’s plan to encourage the gas industry by mandating that landowners “hosting” wells be given 10% of royalties?

Do you believe that this bribe will ensure that neighbouring landowners (as differing from directly impacted landowners) will accept the industry in their areas? Do you believe that the rest of the community will accept the industry?

We look forward to your response.

Regards

Leonie Blain

on behalf of the Grafton Nannas

The American Resistance has many faces and this is just one [or two or three or more] of them (5)

United To Protect Democracy

Every day, Americans across the political spectrum are recognizing that our country is at risk of sliding toward a modern form of authoritarianism. We are already seeing signs of that happening.

But we have stronger tools than those found anywhere else in the world to prevent this. We the People, armed with our Constitution and the rule of law, can act to stop it.

That is our mission. Linking together lawyers who served at the highest levels of our federal government, in service of all concerned Americans, we are United to Protect Democracy. Join us.

Politico, 23 February 2017:

Top lawyers who helped the Obama White House craft and hold to rules of conduct believe President Donald Trump and his staff will break ethics norms meant to guard against politicization of the government — and they’ve formed a new group to prepare, and fight…..

has already raised a $1.5 million operating budget, hired five staffers and has plans to double that in the coming months. They’ve incorporated as both a 501(c)(3) and 501(c)(4), allowing them to operate as a nonprofit but participate in some forms of political advocacy as well…..

They started by submitting 50 Freedom of Information Act requests this week that they believe will confirm their suspicions. The plan is to bring what they find to reporters, build it into pressure for congressional oversight with the help of a campaign director they’ll hire, and, as necessary, to file lawsuits.

They’re also hoping to establish themselves as a base for government employees worried about ethics violations — up to and including becoming whistleblowers — and are hoping that their website, https://unitedtoprotectdemocracy.org/,can become a resource.

Dan Rather

24 February 2017· 

The time for normalizing, dissembling, and explaining away Donald Trump has long since passed. The barring of respected journalistic outlets from the White House briefing is so far beyond the norms and traditions that have governed this republic for generations, that they must be seen as a real and present threat to our democracy. These are the dangers presidents are supposed to protect against, not create.

For all who excused Mr. Trump's rhetoric in the campaign as just talk, the reckoning has come. I hope it isn't true, but I fear Mr. Trump is nearing or perhaps already beyond any hope of redemption. And now the question is will enough pressure be turned to all those who enable his antics with their tacit encouragement. There has been a wall of unbending support from virtually every Republican in Congress, and even some Democrats. Among many people, this will be seen as anything approaching acceptable. And mind you, talk is cheap. No one needs to hear how you don't agree with the President. What are you going to do about it? Do you maintain that an Administration that seeks to subvert the protections of our Constitution is fit to rule unchecked? Or fit to rule at all?

This is an emergency that can no longer be placed solely at the feet of President Trump, or even the Trump Administration. This is a moment of judgement for everyone who willingly remains silent. It is gut check time, for those in a position of power, and for the nation.

119k Likes 5.6k Comments 78k Shares

#OrangeBeatles: "I wanna grow my hands! I wanna grow my haa aaa sands. I wanna grow my hands." pic.twitter.com/0QQWSAqmNJ

— Ahmed Shihab-Eldin (@ASE) February 25, 2017

#OrangeBeatles: "This song is called fake news."  pic.twitter.com/pnn9610y3G

— Ahmed Shihab-Eldin (@ASE) February 25, 2017

http://potusstaff.com/statement.html, undated:

Statement of Purpose

Those involved in Rogue Potus Staff are not part of a partisan attack against Republican politics. To the contrary, most of us are devout Republicans. We are, however, opposed to the egregious incompetence, idiocy, and pettiness of President Trump's White House, and the effective divorce from reality with which it is run. We aren't working to support Democratic victories. We want the American People to regain control of their government through civic engagement, careful contemplation, intellectual scrutiny, activism, and ultimately voting action. This is why we encourage people to be skeptical about who we claim to be, but we vigorously attack absurd reasoning and attacks against the movement.

If our actions were to inspire anything, we hope it would be to underscore the necessity for our country's civic process to be ruled by higher principles than those that characterize President Trump. Those who wish to rally in support of merely different principles have wandered into the wrong place (especially if those principles are equally petty as those offered by President Trump). Nero is fiddling while Rome burns. We all have a choice to make. We can either stand in opposition to the emperor's negligence that's causing the destruction and chaos, or we can take a stand against bad music. Those who choose the latter should not expect to find their cause championed by us.

We have no objection to anyone who does not want to sign the petition we created, or participate in an event we suggested. Everyone has the right to choose for his or her own self. We don't believe that a White House petition will magically make President Trump change his behavior. The success of a White House petition is in gaining enough signatures to require a response. It provides an opportunity to focus the public conversation. In this case, our petition hopes to demand for President Trump to address his negligence head on, and on the record. Maybe he makes excuses. Maybe he gaslights. By itself it may not have any substantive effect. But just like mounting pieces led to Flynn being forced out, the sum of many small chinks in the armor can eventually penetrate President Trump's aura of protected recklessness.

We are not whistleblowers of illegal activity. We are not a news agency. We are not here to leak secret information to the public. We don't offer news, we offer context. We are here to show people those truths that aren't news worthy. If any one of us decides to engage in leaking news to media sources, they do so with 100% separation from Rogue Potus Staff (and yes, it has happened). We are not heroes. We are not magical wizards, nor do we hold any special keys to take him down. The only way that our country can be spared the damage President Trump would exact upon us is through the power of the people.

Resistance is not about hitting a grand slam, or a barrage of knockout punches. It's about wearing down the target. It's about small successes that add up over time. It's about being asymmetrical against an overpowering opponent. It's not about instant gratification, it's about realigning yourself to persist against all odds. It's not about painting profanities on the wall to express your disdain, it's about doing the work to swing the hammer against the wall, even if it will take a million swings.

See: https://twitter.com/RoguePOTUSStaff

NEW VIDEO: #BecauseHisActionsAreEmotionalTerrorism He. Must. Go. pic.twitter.com/duttzf0W4O

— Keith Olbermann (@KeithOlbermann) February 24, 2017

https://twitter.com/KeithOlbermann/status/834916218914095104

Coal and Climate Change protests in the Northern Rivers

Echo NetDaily, 20 February 2017:

‘Building the biggest coal mine on earth is, at this point in human history, the dumbest idea on earth,’ said Bill McKibben, co-founder of 350.org.

Adani Carmichael Coal mine is still looking for major investors to get off the ground and Westpac Bank is a possible investor.  Lismore Environment Centre is rallying the community together this morning at 10am outside the Westpac Bank, Molesworth Street, Lismore to highlight opposition to funding of the mine.

‘Twelve investment banks including Citigroup, Goldman Sachs and HSBC have ruled out investing in Adani. The other three major banks in Australia have been backing away from it, but not Westpac. Westpac’s approval could throw open the doors for investors sitting on the sidelines. We want to show Westpac this is not a good decision for them to make,’ said George Pick from the Lismore Environment Centre.

‘This project is one of the single biggest threats in the entire world to our climate. The Queensland and federal governments are pulling out all the stops to facilitate the Adani Carmichael coal mine in the Galilee Basin even though it’s economically unviable. Westpac needs to realise that investing in this mine will hurt their brand. Our community cares about climate change and investing in Adani will be a big mistake.’ he said.

Taking 12 billion litres of water a year the project will dewater two local springs that are Great Artesian Basin recharge springs, and will mine through the Carmichael river.

‘In Queensland, new water laws passed last year which mean that whilst Adani has to apply for a water licence local communities have no right to object to any licences that are granted,’ said Lismore City councillor Elly Bird, who will be speaking at the event.

The Daily Examiner, 21 February 2017, p.8:

Following backlash from his somewhat wooden 'ask the PM' video, a tough week was topped off for MP Luke Hartsuyker when a number of residents rallied outside his office for action on climate change.

With residents bringing a dummy with a print-out face, a makeshift Hartsuyker sat idly on a blow-up beach chair among the protesters.

Dressed for the beach and equipped with water pistols and floatation devices, the Coffs Coast Climate Action Group called for government action on climate change.

"We're here today to join the dots for My Hartsuyker - to beat the heat, we must leave coal in the ground and urgently transition to 100% renewable energy," said Liisa Rusanen, a member of the group.

"This summer we've had record-breaking heatwaves in many parts of the country. Unprecedented hot spells are taking their toll on the elderly and children, droughts in some areas are impacting food production, while others are battling bushfire.

"This is what climate scientists have been warning us about for decades, yet our politicians are playing with coal and putting our future at risk."

The group delivered a petition to the office of over 300 signatures, calling on the federal government to "declare a climate emergency and initiate a society-wide mobilisation to stop climate change".

Mr Hartsuyker, however, was not present at his office during the protest.

The American Resistance has many faces - this is one of them (2)

Image found at Twitter

#NotMyDebt: those who feel able begin to fight back

Those not overwhelmed by the less than transparent and sometimes aggressive approach Centrelink is taking to queries about or denial of debts being raised by its obviously flawed automated debt recovery process are beginning to push back.......

Click on page images to enlarge

*Daniel Livesey is a web designer and video editor who is employed by a company with extensive experience working with ACT Government and the Australian Government on information campaigns, annual and general reports, promotional products, websites and multimedia projects.

SBS News, 4 January 2016:

Ngarrindjeri elder Elaine Kropinyeri from Mount Gambier in South Australia told SBS News Centrelink had recently cleared her of a $7800 debt, citing an “internal mistake”.

Ms Elaine Kropiyeri said she had not worked for two-and-a-half years after she resigned for “personal reasons” as a cultural consultant at a local foster care service in Mount Gambier, and successfully applied for Centrelink’s NewStart Allowance.

She said she discovered the so-called debt after Centrelink informed her she had been overpaid, in a separate matter, by $600. According to Ms Kropiyeri, Centrelink did not explain how the overpayment had been calculated, but deducted $464 from her regular payments towards the debt.

“It was absolutely terrifying…when you’re on a very meagre income, barely surviving,” she said.

Ms Kropiyeri found the $7800 in an obscure area of her MyGov Centrelink online account while trying to understand her debt notice. This figure, according to Ms Kropiyeri, didn't appear in the usual 'deductions' section.

“They didn’t even send me a letter,” she said.

“If I didn't accidentally come across it the way I did, they would still be deducting from my meagre income.”

Subsequently, Ms Kropiyeri received a statement on November 29 confirming her fears that the larger sum was in fact owing. With the notice showing $7154.52 was still to be repaid, she was able to work out Centrelink had been deducting part of her payment without her knowledge for this larger debt.

…… When Ms Kropiyeri enquired to Centrelink over the phone about the disputed amount owing, she said the staff member could not explain it.

“I am still unsure how this [debt] came to be because, as I said, I hadn't worked and did my reporting every fortnight.”

She was referred to a specialists team where a staff member said the onus was on her to explain the debt to Centrelink.

“But it’s [their] department that determines what overpayments that need to be distributed - I don’t have access to their computers.”

Because she was sure she did not owe any amount, she said she told Centrelink she would take her case to the Ombudsman's Office and ended the phone call.

Within half an hour they called her back to tell her the debt had been waived because of an “internal mistake”.

“I know my rights, so I stood up, tooth and nail, to them.”

* Last time I looked Ngarrindjeri elder Elaine Kropinyeri had been a resident in the Mt. Gambier area for over 30 years and was the inaugural recipient of the NAIDOC award for a lifetime achievement of contribution to the Aboriginal and Torres Strait Islanders in the South East in 2012.

Advice being offered in the media.......

The Sydney Morning Herald, 4 January 2016:

Graham Wells, principal lawyer at Social Security Rights Victoria, which provides legal advice and help for people battling various Centrelink complaints, says the organisation has been run off its feet in the wake of the debt-recovery saga plaguing the agency over the summer break……

So what should you do if you get a letter saying you owe the department money?

Mr Wells says in the first instance, people suspecting their debt assessment is incorrect should go to their nearest Centrelink office, the MyGov website or, "if you're willing to chance it, on the phone", and ask to have their debt reviewed.

Delegated decision makers within Centrelink, called Authorised Review Officers, are authorised to review department decisions on behalf of the minister. They might decide the debt does not exist, is correct, is too low, or is too high.

This can take between two and six months but Mr Wells suggested that, to speed things up, people could regularly call Centrelink to check on the matter, or go to their local MP and make regular representations there.

Mr Wells said if people were still not happy with Centrelink's internal decision-making processes, they could make an application under Freedom of Information laws for the department to release the documents it holds on their supposed debt to them.

"You want to be as specific as possible," he said. "Ask for all documents it holds relating to this debt between this and that date."

Debt collection agencies employed by Centrelink to recover debts have been applying a 10 per cent fee to recover debts related in inaccurate reporting.

"I think it's wrong; I think it's very entrepreneurial on their part," Mr Wells said.

It is, however, legal - although Mr Wells said consumers challenging their debts often had the 10 per cent fee set aside.

Mr Wells suggests that anyone faced with demands from a third-party for repayments go to their local post office and make the smallest repayment they can afford directly to Centrelink, to cut debt recovery agencies out of the loop. He said if it was later found their debt was invalid, Centrelink should return the money.

Finally, people can apply to the social services and child support division of the Administrative Appeals Tribunal, which can review Centrelink decisions that have first been reviewed internally.

Victoria Legal Aid executive director of civil justice Dan Nicholson urged anyone who received a letter from Centrelink they believed to be incorrect to get free legal advice from Legal Aid or other organisations across the country.

"Even if you don't have all the information Centrelink asks of you, we advise you to respond to the letter, so you are able to push your side of the story," he said.

"If Centrelink does make a decision that you disagree with, such as you have a debt, I encourage you to challenge the decision – and you have a very good chance of success."

Internal Centrelink figures show that before the agency introduced its debt recovery system, 37.5 per cent of its decisions were revised after internal reviews.