Thursday, April 22, 2010

NO! My daughter is NOT dead!

NO! My daughter is NOT dead!
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Human rights are about recognising and respecting the inherent value and dignity of all people.
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Imagine what it is like, to be officially told by the Australian Government, your biological daughter does not exist. Despite her being alive, well and part of your life.

For over 5 years the Australian Government, through the CSA, claims Legislation deems my 6 year old daughter, Zoe, a 'non-entity'. In the eyes of the administrators of this Legislation, I have no daughter, her brother no sister, our family dismembered. Her existence denied through the arch-enchanters wand, a pen. She is the living dead !
   (Ironically, my daughters name means "life" )
I love my daughter, care for her, clothe, feed, educate, provide a home for her. Her brother loves her and she him. To be told my daughter, who is alive and well, does not exist is totally abhorrent, an obscene massacre of family rights.

All roads lead back.


I raised complaint of this offensive and disgraceful situation with the CSA some years back. They claim they only administer the legislation as written by politicians. They refuse to escalate the issue and refuse to discuss it. An appeal to a tribunal determined the Agency correctly enacts the legislation and it is their
prerogative to take the matter further or not.

The Ombudsman viewed it as an agency 'policy' issue and would not intervene. Human Rights Commission deemed it a 'domestic' issue and referred it back to the agency. My local Parliamentary Representative, referred it to the Minister in charge, who referred it back to the agency to decide. My sons mother, who can request my daughter to be taken into consideration, a request that may not be accepted, refuses to because it would adversely affect her financially of a few dollars a week.

In the five years I have been fighting to rectify this abomination, I have found all roads lead back to the CSA and their interpretation of the Legislation they administer. Supporters within suppressed. Outsiders hindered or cowered at the Agency's monopolised stronghold.

Penalty.

Because the Australian Government refuses to recognise my daughters existence, her rights and that of her family, my costs of caring for her is not taken into consideration. I am seen to have only one child and must pay support based on calculations accordingly. This in effect creates an unjust imbalance. Effectively, my expenses in providing a comfortable home for my family of two children is penalised. My sons mother on the other hand benefits beyond an acceptable level.

Options?

The moment you give up your principles, and your values, you are dead, your culture is dead, your civilization is dead. Period. - Oriana Fallaci

I have no options to correct this situation , merely adverse alternatives. The overriding principles in any Australian child related legislation is the "best interests of the child is paramount" and the 'parents are in the best position to determine the childs best interests.' These principles I agree with and uphold, unfortunately the Government doesn't.


1. The CSA suggests to register my daughter with them. This from an Agency well known for polarising parents. Both myself and my daughters mother, have determined it is not in our daughters 'best interest' to involve a meddling third party. We have a private agreement for care and financial support.

2. Make a deal with my sons mother. Incentives for an ex-partner is based in Legislation, negating private negotiation. Any agreement could only be achieved through a court of law at a considerable cost, promoting hostility in an already unfriendly situation. Any such action infers individual fault, relieving blame on the Governments lack of due care and consideration.

3. Take the Government to court. I'm a battler, $50,000 plus in court costs is an insurmountable amount to come by. It's a cost that outweighs any personal long term financial benefit.

4. Allow situation to continue. I am a father, a man, a member of society, a human, I cannot allow such an incomprehensible sanctioned corruption of the family unit to continue, nor should you.


Help

As an individual, I have discovered I cannot alone breach the walls of the Government or the CSA they have empowered beyond belief. So I appeal to all to assist in rectifying my daughters right to be formally recognised. For her to be instated formerly in the family unit and retrospectively so.

Due to Privacy Laws, the Agency will not discuss this matter with any outsiders. But if enough people knock and tie up their time in having to answer, they may be willing to open discussion with me. Please feel free to phone, mail or email Harry Hemmes and/or the Agency's General Manager requesting he instigate the enactment of my daughters rights.
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Phone:
CSA's GM's Direct line: Your international dialing code XXXX + 61 2 6272 8355
Harry Hemmes Direct line: Your international dialing code XXXX + 61 3 9293 1808

CSA 131 272 (local call charge within Australia excluding mobile and public phones)
(long option list - ignore and wait to it finishes and you get through)
Within New Zealand 0800 440 953 (freecall)
From other countries* +61 131 272 or
+61 3 6216 0864 (International call charges apply)
Fax (02) 6272 8898


website contact form- https://www.csa.gov.au/contact/form.aspx
email; harry.hemmes@csa.gov.au ; harry.hemmes@humanservices.gov.au ; csa@csa.gov.au
.
Sample email.
Att: Harry Hemmes, CSA Team Leader, Frankston, Victoria, Australia.
CC: CSA General Manager
Re: Zoe has Rights!

Dear Harry,
As a member of the human race, I find it atrocious you, your agency and the Australian Government formally refuse to recognise the rights and welfare of Zoe, a 6 year old girl and her family.
Stop your absurd fight against the family unit, human principles and values. It's about time you pulled your finger out and do right by Zoe and her family by ending this obscene massacre of family rights and do so retrospectively.

Please reply .


Sincerely
'sign here.'
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Contact any or all of the Australian Federal Politicians, especially the Minister for Families, Housing, Community Services and Indigenous Affairs https://reporting.facsia.gov.au/MinisterialContacts0/Macklin/contact.aspx
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For others try the email megaphone; (not sure if it still works)
http://www.fathers4equality-australia.org/mailsend/election2007megaphone.nsf/frmsendmail

http://www.aph.gov.au/Senate/senators/homepages/index.asp
http://www.aph.gov.au/house/members/mi-alpha.asp

If you have any questions please feel free to contact me
zoehasrights@yahoo.com.au

http://blogs.fanbox.com/zoehasrights