I am pleased to announce the release of my book, Absent Justice. Order Now—it's Free. It presents a compelling narrative that addresses critical societal issues related to justice and equity within Australia's arbitration and mediation processes. If you see the value in the research and evidence behind this important work, consider supporting Transparency International Australia! Your donation will help raise awareness about the injustices that impact our democracy.
Learn about horrendous crimes, unscrupulous criminals, and corrupt politicians and lawyers who control the legal profession in Australia. Shameful, hideous, and treacherous are just a few words that describe these lawbreakers. Read about the corruption within the government bureaucracy that plagued the COT arbitrations. uncover who committed these horrendous crimes and where they sit in Australia’s Establishment and the legal system that allowed these injustices to occur!
Explore the insidious corruption that has seeped deep into the fabric of Australia’s government bureaucracy, casting a dark shadow over the arbitration and mediation system. This corruption is so pervasive and shocking that those reading this part of this true story may be overwhelmed with disgust and disbelief. How has this troubling situation come to fruition?
Who holds the power and influence over the Institute of Arbitrators and Mediators of Australia (IAMA) to halt an investigation and refuse to return the evidence that the IAMA initially requested from the individual they agreed to investigate which confirmed the government appointed arbitrator only investigate eleven per cent (11%) of my legally submitted claim documents? Why has the IAMA declined to return the evidence I provided them at their request over a five-month period? → Refer to Chapter 11 - The eleventh remedy pursued.
Until the late 1990s, the Australian government wholly owned Australia’s telephone network and the communications carrier, Telecom (now privatised and known as Telstra). Telecom monopolised communications and allowed the network to deteriorate into disrepair. When sixteen small business owners faced significant communication challenges, they stepped forward to seek justice through arbitration with Telstra. Unfortunately, the arbitrations proved to be a mere facade: the appointed arbitrator allowed Telstra to minimize the claims of the sixteen and even permitted the carrier to dominate the process. Despite the serious offences committed by Telstra during these arbitrations, the Australian government struggled to hold them, or the other involved entities, accountable.
Six months before the arbitrations began, four of the sixteen claimants, including myself, boldly requested access to our local telephone exchange logbooks under the Freedom of Information Act (1984 FOI Act). We were assured that the arbitrator would provide these logbooks once we signed our arbitration agreements. However, this crucial document was never made available to claimants.
The Adverse Findings issued by AUSTEL, see points 1 to 212 in AUSTEL’s Adverse Findings, unequivocally demonstrate that the logbook referenced by the government to support its unfavourable conclusions about Telstra was sourced from the Portland/Cape Bridgewater telephone exchange logbook. This logbook, which meticulously records telephone activity and technical performance, played a pivotal role in shaping the government’s stance, highlighting its importance as a critical piece of evidence in the ongoing scrutiny of Telstra’s operations.
On 26 September 1997, after most of the arbitrations had been concluded including mine, the second appointed Telecommunications Industry Ombudsman, John Pinnock, who took over from Warwick Smith, formally addressed a Senate estimates committee refer to page 99 COMMONWEALTH OF AUSTRALIA - Parliament of Australia and Prologue Evidence File No 22-D). He noted:
“In the process leading up to the development of the arbitration procedures – the claimants were told clearly that documents were to be made available to them under the FOI Act.
“Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.”
No amendment is attached to any agreement, signed by the COT members, allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that he would have no control over the process once we had signed those individual agreements. How can the arbitrator and TIO continue to hide or deny the COT Cases the reason our requested telephone log books from the relevant telephone exchanges that serviced our businesses were withheld from us?
How is it possible for the arbitrator—who appears to have had no direct oversight or control over the arbitration proceedings—to continue concealing the reasons for refusing access to the telephone exchange logbooks? These logbooks are essential records that meticulously document every daily fault reported by both businesses and residences relying on Telstra telephone exchanges across multiple locations under scrutiny. This information is crucial not only for evaluating the scope of the issues being addressed during the arbitration process but also for understanding the impact on affected parties. The lack of transparency regarding this denial raises serious concerns about the integrity of the arbitration and the ability to assess the reliability of the telecommunications services in question effectively
In December 2001, I found myself in a challenging situation after incurring an overwhelming financial burden of $300,000 in professional arbitration fees between November 1993 and May 1995. The possibility of appealing my arbitration claim had faded, leaving me to confront persistent telephone issues that had plagued me since 1988. Despite the time, effort, and resources I had dedicated to the arbitration process, these issues remained unresolved, casting a long shadow over my daily life as the Prologue to this story shows.
Faced with this disheartening reality, I decided to sell my business to Darren and Jenny Lewis. This decision was not made lightly; it came after a profound sense of defeat following years of futile efforts. In the following years, Darren and Jenny embarked on their own difficult journey, marked by their relentless pursuit of a reliable telephone service amidst various challenges. Their experiences, detailed throughout my COT narrative, vividly illustrate the ongoing difficulties that everyone involved faces. This account highlights broader accountability and customer service issues within the telecommunications industry, emphasizing the human cost of bureaucratic failures and the resilience required to navigate such overwhelming challenges.
Additionally, Portland Health Services became involved and visited my residence next door to the now-bankrupt holiday camp owned by the Lewis family. My residence, a six-bedroom bed and breakfast with a manager’s house, represented a significant downgrade from my previously owned holiday camp, which featured 100-120 cabins. My partner, Cathy, collaborated with Telstra and The Honorable David Hawker MP, our local representative, to address the ongoing telephone issues at the Seal Cove Guest House. David Hawker had been assisting with matters related to the holiday camp since 1992. He was well acquainted with the inadequate service in his electorate, as evidenced by the covert government-prepared report dated 3 March 1994 AUSTEL’s Adverse Findings, which highlights the issues from points 1 to 212.
At that time, the in-house psychologist from Portland Health prepared a list of individuals (of which I was one of three) whom she believed should be contacted if Darren experienced suicidal thoughts. I provided this list to David Hawker under the stipulation of confidentiality. (Refer Chapter 4 The New Owners Tell Their Story, and Chapter 5 Immoral - Hypocritical Conduct).
After years of researching the casualties of Telstra stories, I realized that the episode involving Communist China and North Vietnam from my early life was connected to my COT story. However, I wrote them separately to help readers understand how these two narratives intersect. One narrative focuses on the China episode, providing insight into Australia's history of feeding the enemy. This can be accessed by clicking on "Flash Backs – China-Vietnam." The other narrative is deeply rooted in "Confronting Despair." This approach allows readers to choose which story they prefer to engage with.
Telstra-Corruption-Freehill-Hollingdale & Page
Corrupt practices persisted throughout the COT arbitrations, flourishing in secrecy and obscurity. These insidious actions have managed to evade necessary scrutiny. Notably, the phone issues persisted for years following the conclusion of my arbitration, established to rectify these faults.
Confronting Despair
The independent arbitration consultants demonstrated a concerning lack of impartiality. Instead of providing clear and objective insights, their guidance to the arbitrator was often marked by evasive language, misleading statements, and, at times, outright falsehoods.
Flash Backs – China-Vietnam
In 1967, Australia participated in the Vietnam War. I was on a ship transporting wheat to China, where I learned China was redeploying some of it to North Vietnam. Chapter 7, "Vietnam—Vietcong," discusses the link between China and my phone issues.
A Twenty-Year Marriage Lost
As bookings declined, my marriage came to an end. My ex-wife, seeking her fair share of our venture, left me with no choice but to take responsibility for leaving the Navy without adequately assessing the reliability of the phone service in my pursuit of starting a business.
Salvaging What I Could
Mobile coverage was nonexistent, and business transactions were not conducted online. Cape Bridgewater had only eight lines to service 66 families—132 adults. If four lines were used simultaneously, the remaining 128 adults would have only four lines to serve their needs.
Lies Deceit And Treachery
I was unaware of Telstra's unethical and corrupt business practices. It has now become clear that various unethical organisational activities were conducted secretly. Middle management was embezzling millions of dollars from Telstra.
An Unlocked Briefcase
On June 3, 1993, Telstra representatives visited my business and, in an oversight, left behind an unlocked briefcase. Upon opening it, I discovered evidence of corrupt practices concealed from the government, playing a significant role in the decline of Telstra's telecommunications network.
A Government-backed Arbitration
An arbitration process was established to hide the underlying issues rather than to resolve them. The arbitrator, the administrator, and the arbitration consultants conducted the process using a modified confidentiality agreement. In the end, the process resembled a kangaroo court.
Not Fit For Purpose
AUSTEL investigated the contents of the Telstra briefcases. Initially, there was disbelief regarding the findings, but this eventually led to a broader discussion that changed the telecommunications landscape. I received no acknowledgement from AUSTEL for not making my findings public.
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A Non-Graded Arbitrator
Who granted the financial and technical advisors linked to the arbitrator immunity from all liability regarding their roles in the arbitration process? This decision effectively shields the arbitration advisors from any potential lawsuits by the COT claimants concerning misconduct or negligence.<
The AFP Failed Their Objective
In September 1994, two officers from the AFP met with me to address Telstra's unauthorized interception of my telecommunications services. They revealed that government documents confirmed I had been subjected to these violations. Despite this evidence, the AFP did not make a finding.&am
The Promised Documents Never Arrived
In a February 1994 transcript of a pre-arbitration meeting, the arbitrator involved in my arbitration stated that he "would not determination on incomplete information.". The arbitrator did make a finding on incomplete information.
