Black Banned by the Ombudsman!

The Commonwealth Ombudsman has the discretionary power to decide to investigate or not to investigate Complaints (Approaches) lodged with the Ombudsman.

However if the Ombudsman decides “for any reason” not to investigate a particular Complaint then under Section 12 of the Ombudsman Act 1976, the Ombudsman is required to inform the Complainant and give reasons for the decision not to investigate.

Then as a matter of Procedural Fairness (Natural Justice) the Complainant is then entitled to request an Internal Review by another Investigating Officer of the decision not to Investigate.

But what happens if you lodge multiple complaints about Misconduct in Public Office about multiple Officers of ASIC, including a former Chairman, as evidence of systemic misconduct and contravention of the APS Code of Conduct (Public Service Act 1999)?

The Commonwealth Ombudsman will “black ban” you and even tell you that you have been “black banned“!

Since the last Commonwealth Ombudsman, Mr Allan Asher, had his appointment terminated for causing political embarrassment to the his political masters, the Office of the Commonwealth Ombudsman has become “gun shy” with dealing with politically sensitive Complaints.

The acting Commonwealth Ombudsman, Ms Alison Larkin, has to prove that she is politically acceptable before she is given the top job. So much for being “Independent“!.

In a letter dated 22 March 2012 {Ref: 2012-200043} , a Member was advised by the Acting Senior Assistant Ombudsman that if the Member submitted additional Complaints about Misconduct in Public Office by other Officers of ASIC  that had not already been communicated to the Commonwealth Ombudsman, the Ombudsman would:

  • Not acknowledge receiving such complaints in contravention of the Ombudsman’s Service Charter,
  • Not provide a reason for not investigating the Complaint in contravention of Section 12 of the Ombudsman Act 1976, and
  • Deny the Member Procedural Fairness (Natural Justice) by not offering the opportunity for an Internal Review of the decision not to investigate.

So much for the claim that the Commonwealth Ombudsman is impartial between Agencies and Complainants!

So do you believe that your Super is Safe if the Commonwealth OmbudsmanBlack Bans” a Member who lodges too many Complaints about Misconduct in Public Office by Officers of ASIC who are attempting to cover up a major Super Fraud. Complaints that include the former Chairman of ASIC who contravened Section 123 and 124 of the ASIC Act 2001 as well as the APS Code of Conduct?

As Tom Petri noted:

“It is not the original scandal that gets the most people into trouble. It is the attempted cover-up”

If you are concerned that a dishonest Trustee and cowardly Public Servants will prevent you receiving your lawful superannuation entitlement then become a Member of Australian Guardians today.

Email or leave your contact details below.

Australian Guardians – Protecting your wealth when no one else will®




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