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Instead, I was informed, that my complaint had been forwarded to
ICWA for answering and ICWA simply rejected my argumentation and
printed their reply on the premiers letterhead and had the premiers
signature printed on the letter. So much for taking the matter
seriously!
However, both John Day and the Attorney
General Christian Porter, have been of some assistance with both advice and
getting the WA Ombudsman to commence an investigation, after 8 months
of foot dragging. Unfortunately, their influence seems to end their, as
the Ombudsman refused to use the highly critical findings of his
principal investigator Ian Cox and instead choose to deny the
existence of Ian Cox's findings and instead white washed ICWA's
handling of the claim and went as far as to expressly refuse to
investigate the areas that the
Attorney General/Treasurer had
requested.
To cover his tracks,
the Ombudsman has threatened to prosecute me,
if I release his questionable reports to a third party, under The Parliamentary
Commissioners Act. So much for open government!
Unfortunately, both ministers seem powerless to act on any of the
wrong doing contained in my emails and letters to them and contained in
the transcripts.
In a letter from the Attorney General,
dated the
23rd of August
2012, he (the Attorney General) states that the
requirement for ICWA to “assess ALL of the medical reports and other
relevant documentation to determine your entitlement to
compensation”, applies only to an “out of court” settlement. The
Attorney General goes on to argue in his letter, that “In my
opinion, neither ICWA’s statement of corporate intent, nor ICWA’s
publication entitled a Guide
for Injured in a Motor Vehicle Crash, expressly states (nor, in
my view, necessarily implies) that, in the event that a claim is not
settled out of court, ICWA will provide all the medical reports that
it has obtained to the court. I do not, therefore, agree that ICWA’s
conduct at your District Court trial was inconsistent with the ICWA
Act”.
The Attorney
General is therefore accepting, that without having ALL the evidence
available to the court, the courts decision become purely arbitrary
and based on luck and not facts. Furthermore, by supporting ICWA’s
tactics, the Attorney General, the Premier, MLA Mr John Day and the
WA Ombudsman, are denying organisations such as Medicare, Private
Health Insures and in some cases Workers Compensation, from
recovering their costs for the medical treatment and salary
continuance payments, these organisations have made as a result of
the MVA. As shown by my example, HBF and Medicare have recovered
nothing as a result of the courts decision. If you or I as private
citizens, knowingly withheld critical information from Medicare and
HBF to obtain a major financial benefit (in my case approximately
AUD 100’000), I would be charged and most probably be behind bars.
But if you are ICWA, “that is a legitimate tactic in an adversarial
system”.
Additionally, the Attorney Generals position, removes any
interest by ICWA to settle large claims out of court, as is desired
by the Insurance Commission Act. Why would ICWA want to settle out
of court, were ICWA is required to consider ALL the available
evidence and the secondary requirement, that ICWA must supply, with
any offer made, a breakdown of how it came to the figure. With the
option of going to court however, ICWA is allowed, according to the
Attorney General, to withhold any evidence supporting the claimants
case and is additionally allowed to mislead and argue a case before
court, that ICWA knows is neither truthful or supported by the
evidence in its possession.
Finally, the Attorney General ignores one key requirement of
the Insurance Commission Act, that is the requirement for the
settlement of all claims are meant to be "equitable".
ICWA’s Corporate Statement of Intent (which is an integral part of
the Insurance Commission Act) explicitly mentions that ALL claims
are meant to be dealt with in an EQUITABLE manner and in accordance
with ICWA’s core values. The definition of equitable being; just,
fair, right and impartial. In law, I believe, it means; just, based
on fairness and not legal technicalities. And ICWA's core values are
listed in the Insurance Commission Act/Corporate Statement of
Intent, as being; Simplicity, Team Work, Accountability, Integrity
and Openness and finally Respect and Compassion.
No matter what the Attorney Generals argues today, there is no
way that he can support his opinion/arguments with what the
requirements, purpose and intent of the Insurance Commission Act
are. It is simply one more example, of how our elected
representatives ignore the interests of their electorate, the best
interest of the public and instead take the path of least
resistance.
To add insult to injury, in his letter dated the
23 August 2012 and his follow up letter dated
the
18 January 2013, the Attorney General expresses
the view that; "I remain of the view that I cannot be of any
assistance to you in relation to this matter and it is not,
therefore, necessary for us to meet in order to discuss your
complaints".
Correspondence with Colin Barnett/WA
Premier:
Letter to the Premier Colin Barnett - 5
November 2010
Reply from the Premier Colin Barnett - 3
December 2010 (According ICWA CEO/Mr. Vic Evans, my letter from the
5/11/2010 was forwarded by the Premiers Department to ICWA to answer
and simply printed on the premiers letterhead)
Correspondence with John Day/MP for
Kalamuda:
Email to John Day - 26
October 2010
Email to John Day -
2 December 2010
Reply/Letter from John Day & Colin Barnett - 10 December 2010
(ICWA formulated the reply on behalf of the premier)
Email to John Day - 6 January 2011
Email to John Day - 3 February 2011
Email to John Day - 8
February 2011
Reply/Email from John Day -
25 February 2011
Email to John Day - 10 March 2011
Email to John Day - 16 March 2011
Email to John Day - 17 March 2011
Email to John Day - 25 March 2011
Reply/Email from John Day - 29 March 2011
Letter to John Day - 11 May 2011
Email
to John Day - 31 May 2011
Email
to John Day 3 October 2011
Reply/Email from John Day - 5 October
2011
Email
to John Day - 6 October 2011
Email
to John Day - 12 October 2012
Email
to John Day - 24 October 2011
Email
to John Day - 28 December 2011
Reply/Letter from John Day
with reply he received from WA Ombudsman - 31 October 2011
Email
to John Day - 28 December 2011
Email to John Day - 05 January 2012
Reply/Email from John Day - 19 January
2012
Reply/Email from John Day - 20 January 2012
Letter to John Day - 20 January 2012
Reply/Email from John Day - 07 February 2012
Email to John Day - 5 March 2012
Email to John Day - 6 March 2012
Email to John Day - 23 March 2012
Reply/Email from John Day - 3 April 2012
Reply/Email from John Day - 5 April 2012
Reply/Email from John Day - 21 May 2012
Dealing with John Day was a complete waste
of time, was not even able to set up a meeting with the Attorney
General!
Correspondence with Christian Porter
and now the new Attorney General Michael Mischin:
Letter to the Attorney General/Treasurer Christian Porter -
12 April 2011
Letter to the Attorney General/Treasurer Christian Porter -
14 April 2011
Letter to the Attorney General/Treasurer Christian Porter -
11 May 2011
Letter to the Attorney General/Treasurer Christian Porter
-31 May 2011
Reply/Letter
from the Attorney General/Treasurer Christian Porter -
30 June 2011
Letter to the Attorney General/Treasurer Christian Porter -
2 August 2011
Reply/Letter
from the Attorney General/Treasurer Christian Porter -
5 August 2011
Letter to the Attorney General/Treasurer Christian Porter -
10 October 2011
Letter to the Attorney General/Treasurer Christian Porter -
31 October 2011
Letter to the Attorney General/Treasurer Christian Porter -
30 November 2011
Email to Attorney General/Treasurer Christian Porter - 28 December
2011
Letter to the Attorney General/Treasurer Christian Porter -
20 January 2012
Reply/Letter
from the Attorney General/Treasurer Christian Porter -
27 March 2012
Email to the Attorney General/Treasurer Christian Porter - 30 March
2012
Reply/Letter
from the Attorney General/Treasurer Christian Porter -
15 May 2012
Reply/Letter
from the Attorney General Michael Mischin - 21 May 2012
Reply/Letter
from the Attorney General Michael Mischin - 23 August 2012
Letter
to the
Attorney General Michael Mischin - 5 November 2012
Reply/Letter
from the Attorney General Michael Mischin - 18 January 2013
Michael Mischin in a letter to me states that it is a legitimate
tactic for ICWA to withhold evidence at trial and does not feel this
conflicts with the Insurance Act or the Statement of Corporate
Intent governing ICWA! He is careful not to mention that according
to the Insuramnce Act settlements are supposed to be "equitable"
which means:
1. Fair, impartial, just
2. In law equitable means: valid in equity as distinct from
law "the difference between legal and equitable rights"
Correspondence with the Shadow Attorney General
John Quigley/MP Shadow Attorney General:
Email to John Quigley from Andrew Waddell/then Labour Member of
Parliament- 18 March 2013
Letter to John Quigley -
17 April 2013
Email to John Quigley
- 18 April 2013
Email to John Quigley - 21 April 2013
Allthough I met with John Quigley quickly at parliament house on the
18th of April 2013 and he showed considerable interest! He said he
would get back to me shorthly, but I never heard from him again,
allthough I repeadely left messages with his staff at his electoral
office and sent him an email!
Correspondence with MP Mark
McGowan/Opposition Leader now WA Premier:
Email to Mark McGowan
- 01 April 2012
Read receipt from Mark McGowan
Allthough I received "Read Receipt" I never heard a word from
Mark McCowan!
Updated 16 May 2020 JPS
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