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I'm interested in hearing from anyone who may be prepared to help develop a database from the AAT cases published in the court reports.
There are in excess of 3,000 such reports. Normally individual cases are subject to privacy rules, which means no data can be gathered. Incorrect application of the rules at AAT level would, in most cases, mean that they have been incorrectly applied at VRB and DVA levels.
Types of information which could be ascertained:
People could work at their own pace.
I've included an example file:
16 Mann Avenue Northgate Qld 4013 Australia Telephone: (07) 3266 6636 Mobile: 0419 668 197 Email: fogartyt@bigpond.net.au Webs: Mortality Files; VESCA
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Whilst it is difficult for one person to analyse the more than 3,000 cases published by the AAT, there is obviously a need to provide some examples.
I'll do this progressively and publish the results in the Excel file which can be downloaded from the following hyperlink:
The reasoning is that analysing these publicly available records will provide an indication of what happened at all decision levels - DVA, VRB and AAT.
I've started with some cases presided over by Professor McCabe who has identified and used the High Court Precedents from Bushell and Byrnes. (He hasn't identified them as "High Court" Precedents.) You can find his cv on the AAT sight. His reports are well written. I've done this to show that, at least, one of the AAT officials is aware of the matters I raised. It's early days yet, but I suspect he is not entirely consistent in using Bushell and Byrnes.
Most AAT officials do not appear to apply these precedents correctly. As the analysis expands trends should become apparent.
Terry Fogarty 21/1/07 |
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I sent this information out to a fairly limited distribution list recently. I've had a fairly strong response, so I'm making the material publicly available.
Terry Fogarty 17/1/07
http://vesca.tripod.com/Veterans/Index.htm
The important material is contained in:
As you can see I have an interchange of correspondence open with Mark Sullivan, Repatriation President and Secretary. Copies have been going to the Deputy Commissioners.
It’s information that should be spread far and wide. Whether News Ltd will help only time will tell.
It’s about winning the war before negotiating the terms of peace. For two decades or more veterans have been trying to negotiate the terms of peace without trying to win the war.
The results are what we have today.
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
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Repatriation Commission
Departmental Instructions - Historical Researchers - Criminal Breaches
Non compliance with high court precedents
Second opinion doctors