From: birddog [birddog@smartchat.net.au]
Sent: Monday, 21 May 2007 7:26 PM
To: Harry Kirkman
Cc: Terry Fogarty; Bill Dobell; Allen Petersen; rob.dehaas@eba.net.au; Barry Corse; BARRY SHARMAN; rick ryan
Subject: Re: Letter to AAT President
G'day Harry,
 
Many thanks to you and Bill Dobell for the copy of Terry Fogarty's recent letter to the President of the AAT.
 
Mere words are insufficient to express my admiration of Terry's efforts on behalf of his fellow disabled veterans and our families.
 
Sixteen years ago (during 1992) I wrote a forty five page research document in which I clearly expressed the opinion that the primary, secondary and tertiary phases of war veterans appeals (the Veterans' Review Board, the Administrative Appeals Tribunal and the  Administrative Decisions (Judicial Review) Branch of the Federal Court of Australia) were all demonstrably and corruptly behaving with intentionally adverse bias towards the cases of disabled war veteran applicants.
 
I also stated that those veterans cases which were eventually appealed into the High Court of Australia were invariably overturned in favour of the applicant veterans under the provisions of the legislation which existed at that time.
 
I also expressed the opinion that, for that to happen, logically indicated one of only two possible explanations:
 
ether
 
1. The three lower levels of appeals (the VRB, the AAT
    and the AD(JR) of the Federal Court) were grossly
    incompetent in their application of the existing law
 
or
 
2. They were knowingly and intentionally biased
    against the cases of each applicant.
 
    In other words, they were acting corruptly.
 
The Veterans' Review Board is, and always has been, a sub-branch of the Department of Veterans' Affairs.
 
The Administrative Appeals Tribunal and the Federal Court of Australia are both sub-branches of the Federal Attorney General.
 
Copies of my 1992 research document were posted via Reply Receipted Certified Mail to the WA State Executive  and the National Executive of the four major Australian ex-service organisations (RAAFA, TPI, R&SL, VVAA).
 
They all actively avoided the issues which I had placed before them!
 
For Terry Fogarty to now be writing a letter such as the one attached indicates that nothing has changed for the better during the sixteen years since I wrote my research document.
 
In the interim, the Federal Government has utilised the time to enact repealing, amending or new legislation very carefully designed to prevent the cases of disabled war veterans being won even if they succeed in being appealed into the High Court of Australia.
 
It is my prediction that veterans of Australian conflicts after the Vietnam era will experience a far more difficult time with their disability claims than we Vietnam veterans have ever experienced!
 
I applaud and support Terry Fogarty's letter to the President of the AAT.
 
Regards to all,
 
Graham MacLeod TPI (OHSA Inspector, retired)
 
Legal Liaison Officer
Veterans and Pensioners Advocacy
Western Australia
 
 
----- Original Message -----
From: Harry Kirkman
To: undisclosed-recipients@mail06.syd.optusnet.com.au
Sent: Monday, May 21, 2007 8:08 AM
Subject: FW: Letter to AAT President

 
 
-------Original Message-------
 
Date: 21/05/2007 09:46:35
Subject: FW: Letter to AAT President
 
FYI
 
Very interesting
 
Bill D

From: Terry Fogarty [mailto:fogartyt@bigpond.net.au]
Sent: Monday, 21 May 2007 8:45 AM
To: Bulk Email Ninth Intake
Subject: Letter to AAT President

FYI.

 

I’ll post a similar one to VRB and I should be able to do a snail mail to all Federal Politicians in the next couple of weeks.

 

Copy of letter is on web site. Hyperlink:

http://vesca.tripod.com/Veterans/Correspondence.htm

 

 

Terry Fogarty

16 Mann Avenue

Northgate Qld 4013

Australia

Telephone: (07) 3266 6636

Mobile: 0419 668 197

Email: fogartyt@bigpond.net.au

Webs: Mortality Files; VESCA

SKYPE terry.fogarty