FOGARTY /
TELEPHONE: (07) 3266 6636
Mobile: 0419 668 197
Email:
Web: http://amvif.com/ / 16 MANN AVENUE
NORTHGATE QLD 4013
AUSTRALIA
Major General Mark Andrew Kelly AO, DSC
Repatriation Commissioner
Repatriation Commission
13 Keltie Street
Woden ACT 2606
Telephone: (02) 6289 1111
Thursday, 15 December 2011
Dear Sir,
Your appointment under VEA Section 182 is for the purpose of ensuring that veterans’ interests are properly looked after.
VEA Section 182 Membership of the Commission
(1) The Commission shall consist of not less than 3 and not more than 5 commissioners.(2) The commissioners shall be appointed by the GovernorGeneral.
(3) The Minister may, from time to time, request organizations representing veterans to submit to the Minister lists of names of persons from which the organization concerned recommends that a selection be made of persons to serve as commissioners.
(4) The GovernorGeneral shall, in appointing a person to be a commissioner, ensure that, when the proposed appointment takes effect, one of the commissioners, at least, will be a person whose name was, when the person was appointed, on a list submitted in accordance with a request made under subsection (3).
Retired Lieutenant Commander John Atkins has been seeking justice from DVA for many years now. Your people (DVA) have declared him a pariah because he refuses to give in. People react differently when they are falsely accused of lying. John writes lots of letters.
He contacted me in August 2011 and since then he’s sent me about 600 emails. However I did tell him that if I was to help him he would need to send me copies of relevant decisions etc. He did that – he sent me 400 pages. I’ve examined his claims and he is entitled to TPI and backpay which appears to be in the vicinity of $200,000.
His claims are inextricably linked to one Barry James Billing who the Department prosecuted for fraud emanating from 2007 events. So far he has evaded any imprisonment by using Section 32 of the NSW Mental Health Act. Your Department failed to mention fraud claims emanating from 2005 which DVA officers conspired with VVAA NSW to hide. My advice is that when the Dee Why Police contacted DVA about Billing’s use of Section 32 of the NSW Mental Health Act DVA showed no interest in fighting the matter. Quite clearly a half hearted effort on the part of DVA.
Harry Kirkman provided a copy of a letter he hand delivered to your Mr Killestyn in 2005 about DVA’s conspiracy in hiding the 2005 fraudulent actions. Harry had an independent witness to these matters. Paul Evans “Freedom of Information” requests provide complementary evidence that Harry’s letter was received but never acted on.
I’ve written to:
1. Manly Court
2. Australian Federal Police
3. Dee Why Police
These are very serious matters and in my view warrant a royal commission into the integrity of DVA and associated entities.
Copies of the correspondence to the abovementioned people are enclosed.
Barry James Billing was convicted of fraud circa 1980 whilst he was still in the Army. There seems to be some serious questions for DVA to answer as to how he was appointed an “advocate” given those circumstances, let alone regarded as a trusted adviser to DVA staff..
He accused John Atkins of forging a letter from a doctor in relation to John’s claims. Natural justice requires that Billing, not John, should have been required to prove this allegation beyond reasonable doubt i.e. to the criminal standard. In fact the opposite happened and John Atkins was severely disadvantaged and understandably very upset. It’s also understandable that he remains very upset to this day. Barry James Billing is the one with the track record for dishonesty.
Even though John sent me 400 pages of material I don’t have copies of reasons for the DVA decisions. I do however have a copy of a VRB decision and the critical issue is that the VRB has used the wrong rules in determining the “stressor”. I’ve enclosed my analysis to support this.
Justice Peter Heerey’s landmark decision in the Deledio case was excellently crafted using High Court precedents. It is unassailable. DVA, VRB, and AAT decision makers who don’t apply this precedent are either acting incompetently or dishonestly.
Like one and a half million Australian military personnel over the years John Atkins has put his life on the line helping to preserve democracy which includes the rule of law. John, like every other veteran, is entitled to have the criminal conduct of DVA staff determined in a court of law.
Yours faithfully,
TERRY FOGARTY.
Documents enclosed:
Hyperlink / Date Sent20111214 Mark Kelly.doc / 15-Dec-11
20111111 to Manly Court.doc / 15-Dec-11
20111118 from Manly Court.pdf / 15-Dec-11
20111107 Paul Evans to DVA.msg / 15-Dec-11
Letter by Kirkman to Killesteyn 2005.pdf / 15-Dec-11
20111121 to AFP.doc / 15-Dec-11
20111126 to Dee Why Police.doc / 15-Dec-11
20010514 VRB Decision All.pdf / 15-Dec-11
20111203 Legal Analysis VRB Decision.doc / 15-Dec-11