ALECOMM

"Judge: Foster care system violates children's rights"

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Category: Significant court case judgements

Created: Thursday, 17 December 2015 10:29

Written by Texas Tribune - Edgar Walters and Emily Ramshaw

Texas has violated the constitutional rights of foster children by exposing them to an unreasonable risk of harm in a system where children "often age out of care more damaged than when they entered," a federal judge ruled Thursday.

How Many and Which Magistrates Ignored You're Affidavits ???

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Category: Corrupt Magistrates and Judges

Created: Saturday, 19 February 2011 10:55

Written by Alecomm

" The Children’s Court must admit in proceedings before it any evidence"  : This is part of the Child and Young Persons (Care and Protection) act 1988, and some very well known magistrates find this part of the legislation irrelevant when hearing cases.  To explain further ... We all know that DoCS don't believe that anybody except them should have a say in what happens to children they steal, but funny enough legislation says we should. I find it quite interesting though how many clients Alecomm has that are continually denied having their affidavits read into evidence because certain magistrates rule them out on technicalities.

A lot of these cases are now sitting in district and supreme court where it is more than obvious to the most stupid docs worker that the children should have been restored immediately to the parents / carers / grandparents from whom they were stolen some 1-2 years earlier, however the actions of the magistrates have prevented this and, of course, cost us tax payers millions upon millions of dollars.

Not only that, once the children's cases are finalised, as many of the children have been abused in care, of which docs have conveniently covered up and failed to notify any parties of, including children's clinicians, court clinicians, and the Ombudsman and Police, they are well and truly open from some massive forthcoming lawsuits - and rightfully so.  Smart magistrates would prevent this type of abuse occurring so frequently as they are responsible for the ongoing matters - not the solicitors.  After all they are supposed to know the law aren't they.

Former corrupt Queensland Attorney-General Kerry Shine busted appointing highly unqualified mates as judges

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Category: Judicial Corruption

Created: Saturday, 03 September 2011 08:02

Written by Richard Partington

Former Queenland Attorney General Kerry Shine was caught red-handed appointing close friends as judges and magistrates. Nothing new here as most judges and magistrates have close political connections and that’s how they are appointed in the first place, not because of their ability, ethics or integrity.

The Kerry Shine story did not get much national attention although it should have. The Brisbane paper The Courier Mail seems to be the only print news company that picked up on it.

On the 15th September 2009 Patrick Lion from The Courier Mail wrote:  “The Courier-Mail has learnt Mr Shine quietly handed former lawyer Damian Carroll the $262,000-a-year role, despite Mr Carroll being a “long-time friend” whom Mr Shine lauded alongside his brothers and sisters in parliamentary speeches.”

Children and Young Persons (Care and Protection Act) 1998 - Sect 33 - Investigation if allegation made against staff of Department

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Category: Legislation and Acts

Created: Saturday, 06 February 2010 19:02

Written by Alecomm

(1) If a report alleges abuse of a child or young person by a person employed in that part of the Department comprising those members of staff who are principally involved in the administration of this Act, the Director-General must arrange for the report to be investigated in accordance with arrangements made between the Director-General and the Ombudsman.

(2) A person appointed in accordance with those arrangements may exercise the functions of the Director-General under this Chapter.

Note: Sections 25C and 25D of the Ombudsman Act 1974 make provision with respect to the notification of the Ombudsman by the Director-General of child abuse by employees of the Department.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s33.html

Children and young Persons (Care and Protection) Act 1998 - Section 9 - Principles for administration of Act

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Category: Legislation and Acts

Created: Saturday, 06 February 2010 19:07

Written by Alecomm

9 Principles for administration of Act

(1) This Act is to be administered under the principle that, in any action or decision concerning a particular child or young person, the safety, welfare and well-being of the child or young person are paramount.

(2) Subject to subsection (1), the other principles to be applied in the administration of this Act are as follows:

Employees Liability Act 1991 - Sect 5 Act not to apply to serious misconduct of employee or to conduct not related to employment

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Category: Legislation and Acts

Created: Sunday, 21 February 2010 13:48

Written by Alecomm

This Act does not apply to a tort committed by an employee if the conduct constituting the tort:

(a) was serious and wilful misconduct, or

(b) did not occur in the course of, and did not arise out of, the employment of the employee.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/ela1991217/s5.html

Legal Profession Act 2004 - Sect 730A Duty to report suspected offences

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Category: Legislation and Acts

Created: Sunday, 21 February 2010 14:05

Written by Alecomm

(1) This section applies if the Commissioner or a Council suspects on reasonable grounds, after investigation or otherwise, that a person has committed an offence against any Act or law.

(2) The Commissioner or Council must:

(a) report the suspected offence to any relevant law enforcement or prosecution authority, and
(b) make available to the authority the information and documents relevant to the suspected offence in its possession or under its control.

(3) The obligation under subsection (2) (b) to make available the information and documents continues while the Commissioner or Council holds the relevant suspicion.

(4) This section does not apply to:

(a) offences against this Act or the Legal Profession Act 1987 or the regulations under either Act, or
(b) offences specified, or of a class or description specified, by the regulations for the purposes of this section.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/lpa2004179/s730a.html

Children & Young Persons (Care & Protection) Act 1998 -Sect 253 False or misleading statements

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:10

Written by Alecomm

A person must not, in any application under this Act or the regulations or in connection with an inquiry made by the Director-General in relation to any such application:

(a) make a statement, or
(b) furnish information, that the person knows to be false or misleading in a material particular.

Maximum penalty: 5 penalty units.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/caypapa1998442/s253.html

Nurses & Midwives Act 1991 -Sect 4 Meaning of “professional misconduct” and “unsatisfactory professional conduct”

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:27

Written by Alecomm

(1) For the purposes of this Act, "professional misconduct", in relation to a nurse or midwife, means unsatisfactory professional conduct of a sufficiently serious nature to justify the removal of the nurse’s or midwife’s name from a Register or the Roll.

(2) For the purposes of this Act, "unsatisfactory professional conduct", in relation to a nurse or midwife, includes any of the following:

(a )any conduct that demonstrates that the knowledge, skill or judgment possessed, or care exercised, by the nurse or midwife in the practice of nursing or midwifery is significantly below the standard reasonably expected of a nurse or mid wife of an equivalent level of training or experience,

(b) the nurse’s or midwife’s contravening (whether by act or omission) a provision of this Act or the regulations,

(c) the nurse’s or midwife’s failure to comply with an order or determination made or a direction given under section 48, 55 or 64 or with a condition of registration or enrolment,

(d) the nurse’s or midwife’s failure without reasonable excuse to comply with a direction by the Board to provide information with respect to a complaint under this Act against the nurse or midwife,

(d1) a contravention by the nurse or midwife of section 34A (4) Power of Commission to obtain information, records and evidence) of the Health Care Complaints Act 1993,

(e) any other improper or unethical conduct relating to the practice of nursing or midwifery.

Note: In the case of nurse practitioners and midwife practitioners, a contravention of any guidelines approved by the Director-General relating to the functions of nurses and midwives as nurse practitioners or midwife practitioners may constitute professional misconduct or unsatisfactory professional conduct (see section 78A).

http://www.austlii.edu.au/au/legis/nsw/consol_act/nama1991223/s4.html

Health Services Act 1997 –Sect 117A Duty of chief executive to report certain conduct

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:36

Written by Alecomm

(1) The chief executive of a public health organisation is to report to a registration authority any conduct of a member of staff that the chief executive suspects on reasonable grounds may constitute professional misconduct or unsatisfactory professional conduct under the health registration Act by which the registration authority is constituted.

(2) In this section, "health registration Act" and "registration authority" have the same meanings as in the Health Care Complaints Act1993.

Source: http://www.austlii.edu.au/au/legis/nsw/consol_act/hsa1997161/

Community Services (Complaints, Reviews & Monitoring) Act 1993 - Sect 13 Review of situation of children and other persons in care

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:45

Written by Alecomm

(1) The Ombudsman may, on application or on the Ombudsman’s own initiative, review the situation of a child in care or a person in care, or of a group of children in care or persons in care.

(2) In carrying out a review, the Ombudsman is to look at such aspects of the welfare, status, progress and circumstances of the child or children or the person or persons the subject of the review as are referred to in the application or as the Ombudsman thinks fit.

(3) In the exercise of functions under this section, the Ombudsman may hear or receive submissions from any person, including a child in care or person in care whose situation is being reviewed.

(4) On completion of a review, the Ombudsman is to make a report:

(a) setting out the results of the review, and
(b) advising as to whether any change (and if so, what change) in the circumstances of the child or children or the person or persons the subject of the review would, in the Ombudsman’s opinion, promote their welfare and interests.

(5) The Ombudsman:

(a) must give a copy of the report to the relevant Minister in relation to the service provider concerned and to the service provider concerned, and
(b) may give a copy of the report to any other person or body as the Ombudsman thinks appropriate.
(6) In this section: "person in care" means a person (other than a child in care) who is in the care of a service provider.

Source : http://www.austlii.edu.au/au/legis/nsw/consol_act/csrama1993583/s13.html

Health Care Complaints Act 1993 -Sect 9 How is a complaint made?

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Category: Legislation and Acts

Created: Friday, 19 March 2010 11:49

Written by Alecomm

(1) A complaint is made by lodging the complaint in writing with the Commission.
(2) The complaint is to include particulars of the allegations on which it is founded.
(3) It is the duty of staff of the Commission to help a person to make a complaint if the person requests assistance to do so.

Source: http://www.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/