Friday, September 16, 2011

Nick Xenophon and Parliamentary Privilege: could this have been avoided?

As recorded in Hansard, in the House of Assembly, on 18 May 2011, the South Australian Premier Mike Rann said; “...The fact of the matter is, in terms of parliamentary privilege, there are people who use and abuse the privilege of the courts to smear people, and we have parliamentary privilege where we are required to tell the truth, the whole truth and nothing but the truth...’

Not long after, Moral Mike then said; '...or bikie lawyers like Craig Caldicott or David Edwardson...'

A brave man indeed, evidently hypocritical, linking a Queen’s Counsel, a member of the Independent Bar, with ‘...bikies...’. Under Parliamentary Privilege.

I think we are all informed enough to view some of the criticisms of Nick Xenophon for what they are, political convenience.

According to various reports, Archbishop Philip Wilson said that Monsignor David Cappo had urged Archbishop John Hepworth, on eight occasions, to allow an investigation to proceed.

I suggest that David Cappo and Philip Wilson both endure most of the blame for the dramatic events of this week. A week during which Senator Nick Xenophon used Parliamentary Privilege to name the person that John Hepworth claims raped him more than 40 years ago.

In McKibbin V South Australia (Office of the Public Trustee) of 2004, Judge Rice stated; “...the wishes or desires of the person making the complaint are not paramount and cannot be used as a reason for no action by management or inadequate action...’

Provided the media reporting is accurate, I get the impression the Church is suggesting that a formal investigation was constantly stymied by the complainant, John Hepworth.

PHILIP WILSON: “...from my perspective, from Monsignor Cappo’s perspective and in accordance with our legal advice, we have given Archbishop Hepworth’s allegations priority...’

PHILIP WILSON: “...on my behalf Monsignor Cappo urged Archbishop Hepworth, at the end of each meeting, to give his permission to proceed with an investigation into the allegations. On each occasion Archbishop Hepworth declined, indicating that he was not in a proper emotional state to deal with an investigation...”

In my own whistleblowing case, in which I was complaining about workplace bullying and sexual harassment for years, when asked by the Court why no action had been taken, the Public Trustee Executive said; “...in order to move forward with these other comments that we would need clearer details in relation to that and a commitment from him that we were actually making a complaint, and I was never able to get that commitment from him...”

Fortunately, the Court saw through this nonsense and concluded that irrespective of the wishes of the complainant, once management becomes aware of any serious issue it is absolutely obligated to take an immediate course of action.

As Judge Rice stated, “...the wishes or desires of the person making the complaint are not paramount and cannot be used as a reason for no action by management or inadequate action...’

Did Nick Xenophon do the right thing? I am stuck in the middle between yes and no, but feeling I need to shift toward NO. I doubt any of us would be thrilled about being named in Parliament.

During my years of whistleblowing, action was eventually taken only after I went public. I took Public Trustee to the public arena of the District Court. Then 5 years later I gave evidence at the Parliamentary Inquiry.

And out of sheer frustration, brought about by the years of the government sitting on its arse doing nothing about my complaints, I appeared on Today Tonight.

For me, the end justified the means. I was vindicated. The Government was caught in all of its glorious bullshit!

Had the Church, irrespective of the complainant's position immediately initiated a transparent and independent investigation, the interactions leading up to this week's Xenophon declaration might not have occurred. By its own admission, the Church did not, and now has placed the blame for that inaction squarely at the feet of the complainant.

You cannot get much more wrong than that!

During the week Moral Mike also said; ‘...Naming a person in parliament, unsupported by evidence, rather than telling the complainant to go to the police, is really about publicity...’

I can but wonder why our Premier's most infamous nickname is Media Mike. I suspect Craig Caldicott and David Edwardson already know.
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Sunday, September 11, 2011

Living with depression. What workplace bullying did to me.

I am not a clinical expert on depression. I am a sufferer.

For decades, I operated my own I.T. Company, and I was successful. Remember the Keating recession and his banana republic comment?

Interest rates up around 20 percent, businesses going bust, families destroyed.

When that recession hit me, my monthly turnover plummeted to depths further down than my breakeven point. Those were terrible times.

Yet, I managed to get through that period. Words such as depression, stress, and anxiety never really meant anything to me.

And despite the fact I single-handedly lost our family home, as a family we all popped out the other end fit and healthy.

In 1999, I was asked to sort out some I.T. issues at the Office of the Public Trustee. A one-month assignment evolved into an 18-month stay when eventually I was offered a full-time position.

Having already been in the public service back in the 70s, I was a bit hesitant at accepting, but after decades of self-employment thought, what the hell. No more business to worry about.

Besides, things were getting tough in the I.T. industry, with younger folk popping up offering their services for bugger all. Writing on the wall? Possibly.

I took the job. The beginning of my woes.

During my years of whistleblowing, I was certainly subjected to intense victimisation, both direct and indirect.

I will never forget the day that something came over me, something I had never felt before. Unknown to me then, it marked the beginning of years of depression.

I was losing sleep and enduring night sweats. Slowly I became reclusive and cowered away from the company of others. Other strange symptoms added themselves to an ever-lengthening list.

Every morning as I approached the bus to go to work in town, I would vomit. Every, bloody morning.

I would have to get off quickly and walk around the bus station until the feeling passed.

Talking with people, close up, proved very difficult. The longer the conversation persisted, the more nauseous I felt. Then the dry retching would start.

Embarrassing.

Eventually I did go to the doctor, and he spoke about serotonin. Told me I had some chemical cock-up in my brain and that medication would restore the balance.

The first lot of meds turned me into a zombie. The second lot had me detached from reality. Bizarre is the only word I can use.

I told my doctor to forget the meds. I intended to battle my depression by attacking the stressors. Logic was trout slapping me in the face telling me that to remove the effect I had to remove the cause. Sounded good to me anyway.

Having said that, evidence overwhelmingly confirms that medication does work. You just got to find the one that is right for you. I  didn't bother. Maybe I should have.

It took years of fighting to get rid of those stressors, and I did. But, they were only replaced by others.

One of those stressors was myself.

Some people find it easy to forgive and forget. Unfortunately, not me. Despite the work of psychiatrists and psychologists, the hatred I have built-up over the years, toward my former employer, the state government and its public service, slowly eats away at me.

When many investigations and a Parliamentary Inquiry showered me with vindication, and with the high-ranking bully out of the service, I waited to return to my job as a Systems Administrator at Public Trustee. I even had a letter from the CEO guaranteeing my position would be protected whilst I was away on special leave.

Pages 65 and 66 address my issues.

Parliamentary Inquiry Findings PDF file

But no. Despite all the accolades and the vindications, the Attorney-General’s department declared my position null and void. I was not wanted. How can I put it...they shoved it up me!

If you had nearly 30 years experience in I.T. and was told they could not find any work for you within the entire public service, would you trust them? Feel angry? By another whistleblower, I was told the department could not find anyone game to take me on. I was also told they wanted rid of me.

All I did was stand up for the rights of others and me. We do not need workplace bullies, or sexual harassers, or those that gratuitously use the money of others as though it was their own.

I had never done anything like that before. Whistleblowing.

Premier Rann did not want to know. Attorney-General Atkinson did not want to know. The CEO of the Public Trustee, who decided to suddenly 'leave', couldn't stand the sight of me.

I was pissing in the wind for years. I was a pain in in all the wrong places.

Taking Public Trustee to court had to happen. I hung the dirty clothes out in public. But later, after another few years of trying to get them to take action against corruption, my appearance on Today Tonight gave them all they needed to push me out.

McKibbin V South Australia (Public Trustee)

I had dobbed them in. Shamed them.

I have now been suffering from forms of depression on and off for 9 years.

It did go away for a while when I found myself as the Acting I.T. Manager at Consumer Affairs for a couple of years. But, it returned with a vengenace when that assignment ended and they sent me home again.

Oh. And the government had no part in that assignment. I stumbled across it myself when calling around looking for opportunity amongst my contacts.

By mid-2007 I was back in the pit patting the black dog.

I joined the ranks of the unemployed in September of 2008. Had no choice. Had I stayed in my employer's playground, I am certain my years on this earth would have been numbered.

I took a Workcover payout. And believe me, it doesn't go far!

Unemployment for the past 3 years has been beyond terrible. You want to try attending an interview only to find yourself throwing-up as you enter the room?

If I could go back in time, and be told I would one day suffer from depression, I would not believe it.

It just took me over. I had no say in it.

I now live in a vicious cycle. Still looking for work to support my family. The closer I get to one, the more ugly the symptoms become. Even popping an anti-nausea pill does jack squat!

Recently on 5AA, in response to an interview with politician Andrew Robb about his depression, a subsequent caller spoke of the day she entertained ending it all.

I had that day too. It was bizarre. I remember the feeling. It was as though a huge weight had been taken off my shoulders as I contemplated how to do it, not should I do it.

Thank god it was a one-off and I came to my senses. But, I do understand why others consider it, and do it.

Yes, this is a morbid post. Unfortunately, these are facts.

I do my best from day to day. I look for work. I worry like hell if I score an interview.

How do I explain away my three-year absence from the workforce? How do I answer questions whilst battling waves of nausea that get more intense with time.

I definitely keep away from crowds. I worry if I am asked to go to someone’s house for dinner. I am embarrassed by my symptoms.

I remember that fateful day at Public Trustee when I complained about my Manager for constantly rubbing his groin in the office. That is when my nightmare began. March of 2001. All management had to do was...well, do something, anything. But, they did not.

I do not know why I am sharing this story so publically. No doubt, there will be derisive thoughts and comments. However, I do not care. Would swap that for this damn illness any day of the week.

Unless you have suffered yourself, you will not pick it. We do hide it well. But, rest assured, there are many like me out there.

I would be remiss not to plug Beyondblue. This organisation, and the people behind it, has been doing amazing work in our communities to address illnesses such as depression. To let us know that we are not alone, that there is hope and help.

The site is a goldmine of information, particularly for inspiring stories of recovery.

http://www.beyondblue.org.au/

Check out the web site. You can access videos, books, etc. All gratis. This is a place I get inspiration from, besides help.

You are not alone.
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Vicki Chapman MP and the Galapagos Duck!

Member for Bragg.


Pray tell Vic, what is the connection between Burnside, or Greenhill Road, or Skye with an archipelago of volcanic islands stuck out in the middle of nowhere?

Politicians. How the hell do they justify these taxpayer funded overseas jaunts!

I have reported on these jaunts before. Here is a couple to whet the appetite:

Jack Snelling’s tour of the UK, France, and the Czech Republic:

http://adelcomp.blogspot.com/2009/10/another-parliamentary-travel-report.html

At least Jack seemed to do full days, unlike our mate Karaoke Kevin:

http://adelcomp.blogspot.com/2009/05/deputy-premier-hon-kevin-foley-london_21.html

And, Lyn Breuer certainly has a penchant for everything UK. I previously reported on her 2008/2009 Christmas/New Year jaunt, with her daughter in tow, reportedly assisting:

http://adelcomp.blogspot.com/2009/05/south-australian-politicians-zero.html

Poor old Lynn obviously ran out of time as she returned again the following year, only this time to also see how the Welsh Parliament works. Bit of a worry that, Politicians not knowning how Parliaments hang it all together.

Now, as much as I have a soft spot for Vicki Chapman, I am not surprised she waited nearly one year to lodge her Travel Report. Wait for it folks. The GALAPAGOS ISLANDS!

‘...My attraction to these islands was stimulated by the discovery that they had undertaken pest control and management programs that remain a shining example to the world...’

‘...I was astonished to learn that no other Members of Parliament from South Australia, or, from the Australian Parliament, have travelled to the Galapagos Islands and reported to their constituency...’

Sorry my little Galapagos Vic, but I am not astonished in the slightest. How did you manage to get this one through? However, you really do not need approval, do you?

Moreover, what could there possibly be to report to your Constituents? Got me stuffed!

These Travel Reports are nothing but travelogues.

This was Galapavic’s justification for the trip as reported to Parliament on 28 September 2010:

‘...I had the pleasure of visiting the Galapagos Islands just over a month ago, a visit which was not only memorable but also certainly informed and educated me about aspects that could assist our own state, in particular the development of precious parts of South Australia, including Kangaroo Island, some of which it already shares with the Galapagos Islands...’

Well, I have read your report and your travelogue to Parliament and I must say, I can only give you a tin star.

The Galapagos Travel Report Link

Here, take an electronic visit to these web sites:

http://www.galapagos.org/2008/

http://www.galapagosislands.com/

Everything you need, and more, is right there. You could have saved yourself a lot of time, and us a lot of money.

Well, that really depends on why you went!

Tuesday, September 6, 2011

No wonder we lose faith in the Government!

4 February 2011, I posted a story about the South Australian Equal Opportunity Commission.

I considered the effectiveness of this government agency in light of my own experiences having lodged two complaints during a two-year period.


I was wondering if the EOC reacted to a complaint against a government department differently to a complaint lodged against anyone in the private sector, such as Joe’s Fish and Chip Shop.

Link:

Just How Effective is the Equal Opportunity Commission

In addition, I stated that the Conciliation Agreements brokered by the EOC, between two warring parties, are not worth the paper they are printed on.

After I posted, I received an Email from the Attorney-General’s Department on 2 March 2011, 8.32 in the morning:

Dear Mr McKibbon (sic)

The Office of the Attorney-General is currently finalising a response to your query, however it is policy that we respond to (sic) via post.

Please provide your postal address within the week so a response can be forwarded.

Attorney-General's Office
45 Pirie Street Adelaide SA 5000
Ph 08 8207 1723
Fax 08 8207 1736

By reply, I provided my address that same morning.

I did declare to myself, that after years of condescending crap from the previous Attorney-General, Mick Atkinson, maybe the new AG, John Rau must have effected change throughout his portfolio. Change aligned to Premier Rann’s renewed promise about transparency and accountability.

Well, the postman came, and the postman went. Days evolved into weeks...

During the afternoon of 25 June 2011, I clicked REPLY against the original AGD Email:

Hi.

Nearly 4 months have passed since your advice (see below) that a response was being finalised.

I wonder if it got lost in the mail!

I advised my postal address on 2 March 2011.

Cheers,

Rob

The postman came, and the postman went...

During the afternoon of 26 August 2011, I clicked FORWARD against my Email reply dated 25 June 2011:

Good Morning.

Another two months, and I still await the promised response as advised by 'you' over FIVE MONTHS AGO!

Please, at the very least click REPLY even to say there is to be no response.

Very poor.

Rob

Today is 6 September 2001, and still no response. Twenty seven (27) weeks from the day the AG department asked me to provide my postal address within one week.

The only question worth asking is: WHERE'S THE PROMISED RESPONSE?

My opinion? I do not expect a response. The evidence I have submitted is so damning, I cannot even see one of their most unctuous spin-doctors reel out anything with a hint of credibility.

However, I will persist.

I still want to know why a most senior public servant, against whom I lodged a complaint, got off the hook!

A most senior public servant who was subsequently subject to a disciplinary hearing, the Moss Inquiry, the most secret Moss Inquiry.

Link:

The Moss Inquiry and Mike Rann's Idea of Transparency

Page 34 of the 2009/2010 annual report of the SA Equal Opportunity Commission states:

‘.... A small business owner in a regional town was alleged to have sexually harassed a number of young female employees over several years. Andrea complained about his behaviour to the Commission and because of this was victimised by the owner to the point where she felt that she had no other choice but to resign from her employment.

This matter was resolved through conciliation with the owner agreeing to apologise in person to Andrea and agreeing to pay her compensation of $2250 for injury to her feelings...’

Well, at least her Boss had his sorry ass dragged into Grenfell Street. Had he been a senior public servant???