Purpose - The truth about ICWA

			_{The truth about the Insurance Commission of Western Australia - ICWA}

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Note: any text highlighted in this colour will either open an appropriate file or play an audio file!

Realization:

For the first time in my life, I can understand how a per person can be pushed to the point, where he goes on a rampage against the people that have ruined him. Although I could never do that, but the option of not waking up one morning, would be an enormous relief of finally not having to deal with these people any longer!

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purpose ....

Since before my case was first heard by the WA District Court in April 2009. I have wanted to fight back against the delays, ICWA's dirty tricks and particular ICWA's tactic of withholding of ALL evidence ICWA obtains itself from its own experts, from the courts and ICWA's general handling of my claim for compensation.

I was however warned by my own solicitors not to undertake any action myself, as the judiciary would consider it interference in the legal process and it would be held against me. It is my intention not only to inform and warn, but it is also an attempt to change the situation I and my family find ourselves in as a result of the miscarriage of justice and maybe make a small contribution, as to how the Insurance Commission of Western Australia, has to deal with innocent third party victims of motor vehicle accidents in the future. No matter how serious and painful the injuries you might have suffered, as a result of being a victim of a motor vehicle accident. The consequences of the accident, the financial stress, dealing with ICWA, the legal system, the loss of your profession, income, your home, your savings and possibly your family. Can be far more serious and have far worse long term effects on your health, than the injuries you might have suffered as a direct result of the MVA. My case highlights the failings of how, particularly large compensation claims, are handled by ICWA and the legal system. You can find further details and examples by selecting for example "Insurance Commission of WA" and "Lawyers" and "District Court" on the menu to the left Since approximately mid 2010, I have become active myself and have either contacted or written to people such as my local member of parliament, MLA Mr. John Day, the WA Premier MLA Colin Barnett, the Attorney General/Treasurer MLA Christian Porter, the WA Corruption and Crime Commission, the WA Ombudsman, the Chief Judge of the WA District Court Peter Martino and the and WA Chief Justice of the Supreme Wayne Martin. The only encouragement and a little bit of advice and assistance I have received, has been from my member of parliament MLA Mr. John Day and the Attorney General/Treasurer MLA Christian Porter. On the other hand, organizations and people such as:

The WA Ombudsman Mr. Chris Field, has actively engaged in trying to stop my enquires dead in their tracks. These have included:

Threats of prosecution
Wrongful accusations, that I have endangered the health and safety of employee's.
Refusing to act on the findings of the responsible investigator for my complaint, Mr. Ian Cox, which included the finding that; "not only was ICWA unreasonable and unethical but there were administrative failings that were not consistent with their objectives, their charter and that....." plus ".....I think you’ve been shafted”.
Actively denying the existence of findings, critical of ICWA's actions, including the above.
Refusing to answer questions sent to him in writing, including answering the question, how it was possible that the Chief Judge of the District Court, was informed three months before the Ombudsman commenced his investigation, that he; “the Ombudsman had declined to investigate the matter further”.
Taking undue influence on the outcome of his offices investigations
Failing to act on an appeal to his initial decision

I was warned by staff from the Ombudsman's office, that the Ombudsman Chris Field:

Micro manages (audio recording with Ombudsman's investigator Judi Anderson)
That critical findings will regularly be overturned by him
That it was very unclear, if my complaint would move ahead as intended, after the departure of the responsible investigator Mr. Ian Cox.

IMPORTANT: The audio files and respective transcripts regarding these claims can be found by following the link to the "Transcripts and Recordings". Further details to ICWA can be found visiting the "WA Ombudsman".

Regarding The Insurance Commission of WA/ICWA, my research and investigation has found the following, including statements from its CEO Vic Evan's:

ICWA withholds as a matter of standard practice, ALL expert reports and evidence from the court, which supports the claimants case. The Ombudsman calls this "a legitimate tactic in an adversarial system" although it is contrary to ICWA's Corporate Statement of Intent, its own Guidelines and The Insurance Commission Act of 1986. According to ICWA's CEO Mr. Vic Evans, "if this information was released to the judge, ICWA would have had no case".
ICWA's Case Managers, have no medical training and yet they are the people who judge whether the medical evidence is valid or not.
Arguing a case, that ICWA knew was not supported by the evidence ICWA had obtained, but this very evidence was withheld from the judge, to allow ICWA to mislead the judge. The Ombudsman calls this again "a legitimate tactic in an adversarial system".
Making wild an unsubstantiated claims and accusations.
Actively misleading the judge.
Using its superior financial resources, to break the claimant financially.
Causing numerous and expensive delays and postponements, with the purpose to increase the financial pressure on the claimant.
Refusing to pay salary continuance
Refusing to pay for treatment and medication prescribed by medical professionals.
Not adhering to its own guidelines and values as published in ICWA's brochure for victims of MVA's, its Corporate Statement of Intent and the Insurance Commission Act of 1986.

Poor judgment and monitoring of its Case Managers:

ICWA allowed the Case Manager for my claim, John Langton, to use his cardiologist brother to obtain the only favorable expert supporting ICWA's case.
According to ICWA's CEO Vic Evans, John Langton "instructed" his brother on the case and what was required, as a result he had been "reprimanded" and removed from the case as punishment. At trial ICWA however claimed, that John Langton was removed from the case, to eliminate a conflict of interest and that his brother was exclusively "instructed" by ICWA's lawyers. In accordance to the new statement from ICWA's CEO Vic Evans, John Langton's brother has possibly committed perjury during his testimony.
That according to ICWA's CEO Vic Evans, ICWA never disputed the validity of my claim, instead arguing that; “… liability for your claim was never disputed. It was the quantum of damages you sought that created this regrettable outcome”. This although ICWA's own expert (Qantas) agreed with the calculations/quantum.
ICWA's CEO Vic Evans had previously argued that the reason for ICWA taking my case to court was because "As promise, I now formally confirm that the Insurance Commission's position in defending your claim was that the atrial fibrillation and psychological problems, which you were diagnosed with, were matters that remained "in Issue" because we questioned their causal relationship to your motor vehicle accident."

ICWA CEO Vic Evans, severely criticizes the performance and actions of ICWA's Case Manager Mr. John Langton. These include:

"He could not sing his (John Langton's) praise, if he could he would"

“In relationship to John Langton, there is an awareness in this organization that how he irritates people and does the wrong things and that he takes things into his own little world sometimes and he has these lapses. But in this area (ICWA), you just can’t fire people and move them around like in private enterprise”.

“.... he was reprimanded and the issue was taken up (with him) and why he would even expose himself to any risk involved in instructing his brother about it and he is not to do it again and in fact if my memory serves me correctly, the case was taken off him”.

Vic Evans is aware that his Case Manager has spoken to my solicitor/barrister John D'Angelo since the trial and "informed" him that he was very upset at the robust cross examination his brother was subjected to by my barrister Theo Lampropoulos during the trial and that he will remember it when is assigned future cases that are represented by him (John D'Angelo) and Theo Lampropoulos. But as he states above his hands are tied.

IMPORTANT: The audio files and respective transcripts regarding these claims can be found by following the link to the "Transcripts and Recordings". Further details to ICWA can be found visiting the "Insurance Commission of WA". The judiciary and legal system: Unlike in the eastern states, Western Australia has no judicial review commission to monitor the quality and efficiency of the WA legal system and in particular the performance of individual judges. Even if evidence is found that shows the judge has seriously mishandled expert evidence, to the disadvantage of the claimant. The judiciary shows no interest. The case was heard and that is it! The judge assigned to hear your claim, is based on the lack of the draw, no consideration is given to the background or experience of the judge. Even if a judge is found to be, for what ever reason, unsuited or not able to handle the responsibility or duties required by the position. Every attempt is made to allow the person/judge, to stay in office for the minimum 10 years required to make him eligible for a lifelong tax payer funded annuity amounting to 60% of his or her last salary (Base salary for a District Court Judge for 2012 is $359'982/year).

Politicians:

As already mentioned, both my member of parliament MLA John Day and the WA Attorney General and Treasurer MLA Christian Porter have given me some assistance and advice, however their power is and influence seems to be very limited. Although on paper they are the heads of their individual departments, the ministers seem to live in fear of the public service. Ultimately they are the fall guys if something goes wrong and not the public servant who has not done his job.

General: For the past 18 months, I have acted on every piece of advice I have received, from both MLA John Day and MLA Christian Porter’s office. I have written complaints to both the WA Ombudsman Mr. Fields, ICWA and the judiciary. Since then, I have been invited to two meetings with ICWA’s CEO, Vic Evans, and had numerous meetings with the principal investigators of the WA Ombudsman. Instead of getting closer to a resolution of my situation, I have stumbled into a cesspool inside these organizations, including cronyism, abuse of office and power, incompetence and total disregard for the interests of the public. What I have uncovered is almost identical to the details coming out of the Katanning Hostel inquiry, where numerous people who were aware of the abuse or had been made aware of the abuse, engaged in the game of see no evil, speak no evil and hear no evil, all of which went on at the expense of the young boys and girls at the hostel. Similar to my case, people who tried to bring the abuse to the attention of their superiors or responsible authorities, were threatened with various consequences and, in some cases, made to apologise to the abusing pedophile, by the very public servants that were meant to protect those same children. But then, what do the problems of a few winging kids matter, when acting on the information would have upset or damaged the careers of some public servants? And one thing that had to be prevented at all cost, was the danger that some public servants would have faced consequences for their actions, or lack thereof. Further comparisons can be drawn to the fires on the Kalgoorlie to Perth Highway, the recent Margaret River bushfires and the debacle surrounding the Kelmscott bushfires and the incompetence of FESA’s CEO, Ms. Ward. I note that all these public servants have kept their jobs, salary and benefits (example Ms. Ward) and have never faced any “real” consequences for their actions or incompetence. This must stop!

Tall poppy syndrome:

If you think this can only happen to well off individuals. Think again, anybody whether you are a single mum, child, pensioner or unemployed person can wind up in the same situation. The innocent victim of a motor vehicle accident only needs to require 24/7 medical care for the rest of his life for his compensation claim to amount to millions of dollars. (more)

Purpose:

This site is meant to both inform the public of the faults of the WA Third Party Compensation System and the outragoeous actions or lack thereof of the very instituitions that are meant to protect the public from the excesses of goverment institutions. (more)

My personal target, is to overturn a miss carriage of justice, restore my good name, regain my dignity, improve my health and that of my family, obtain compensation that takes into account ALL the evidence, as ICWA is supposed to do and hopefully make a contribution to change how innocent victims are treated and compensated in Western Australia.