25th December 2013, 01:30
Disturbing Child Abuse
For those of you who are following my journey and for those who have just joined in. I attended a WorkCover Hearing/Conciliation on Thursday 19th December 2013. Here are the highlights.
1. The Arbitrator had to maintain strict legal boundaries (even though an inaccurate section was applied to my matter) and the most compensation I could have received was $13,000. I stated that was an insult. Please consider that my life has been destroyed on every level immediately after I made a Mandatory Report in 2011.
2. The barrister of 27 years of legal practice was quite visibly rattled when I mentioned my Federal Human Rights Court Interlocutory Hearing. All she was concerned with was; "What's the remedy?" That is legal meta language for how much money to make this go away? I replied with; "I am setting a precedent so I can change laws." I asked her whether she wanted to read my Statement of Claim which is the basis for the Federal Human Rights Court matter and she replied in the affirmative. She was pulling the sheets out of the plastic covers frantically searching for something. I responded at one stage with this remark, "Some things in life are about ethics and conscience - not everything is about money." Remember readers my journey is about being a voice for Child Abuse victims and survivors.
3. I quoted a section from the Legal Profession Act 2004 to the female barrister - Section 730A Duty to report suspected offences and she responded like a bullet out of a gun with; "I'm not applying that" or words very similar. So I made some notes and while everyone waited for me to complete my notes I looked up and stated that I would be relaying her denial of the law to the current Australian Royal Commission into Child Sexual Abuse.
4. The entire session was recorded and at no time was I informed that the session was confidential thus I share information freely.
5. The outcome of the day - I have withdrawn my matter and can return to it at anytime and re-commence proceedings - however - I elected to transfer my matter to the Fraud Investigation Branch for a full investigation. As I have commenced communications with the Legal Services Commissioner I relayed the barristers denial of the Legal Profession Act 2004 Section 730A Duty to report suspected offences and requested it be added to my current complaint. Please keep in mind that within my workplace my identity as a Mandatory Reporter was not protected and this is a criminal offence that comes with huge fines and/or a custodial sentence. Also know that at two return to work meetings that two professionals admitted that my identity had not been protected - they are the second in charge of the legal office of the Catholic Church and a local administration office employee. During the course of my journey I cannot count the times I have recorded this offence in writing and I am still waiting for one professional to address it professionally.
NB: At one stage I offered, during an attempt at negotiating a one off lump sum compensation payment for pain and suffering and for the three years of my life that have been taken from me that I will never get back - that I would not complete my book/recount for sharing with the public. I stated I would only finish the book/recount for the purpose of sharing information with the current Royal Commission. No attempt was made to negotiate a lump sum one off payment in private which is perfectly legal and does happen. Hmmmm...stay tuned.
Much Peace - Amanda
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25th December 2013, 01:47