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new partner is the father's financial resources??

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My husband has issues with unsound CSA's objection decision. He is now working on the process of SSAT. We run a partnership business together. I actually worked more than him last year as he represented himself in property settlement then followed with COA. He worked a lot on paperwork and research while sometimes, I had to work alone for business.

The decision of his ex's application was that I did not work for business. All income in the business was his. So we asked what grounds the officer used for this decision (we asked more than 10 times in the diff occasions). We have tape record of telephone conference with the officer and we provided the recorder's script to CSA. CSA simply replied that it satisfied with the decision and said nothing about the record script.

We finally made objection. They finally accepted that I worked for business, by mention nothing about my input. However, they change the topic that my income is my hubby's financial resource. What I paid for him as a loan, or sharing of expense are my hubby's income.

I would like to see court cases that referred to new partner to support my hubby's argument.

I feel that this is like mafia or bullying system because they don't explain the reasons, they don't tell the section of law they used for making decision.

How can you go to court with the question of law if they don't provide it?

Don't you guys feel that their actions is damaging "justice" in our country and this is "public interest"?

Their attitude and decision is weakening all small business and sole traders.

Anyway, our case will finally end up in the court.

sigh!!
This case might be useful:
http://www.austlii.edu.au/au/cases/cth/SSATACSA/2007/2.html

I hope you are only dealing with the CSA Trolls in writing…

It sounds like you need to lodge a complaint against the officers not abiding by the Aust Public Service Code of Conduct

It would appear that their decision is not "fair and reasonable" and procedural fairness has not been observed.

Information on how you can demand to be treated by them can be found here:
http://flwg.com.au/forum/pg/topicview/misc/5706/index.php&kfs40=0

And this is what to do if they ring you once you have asked to be contacted in writing only:
http://flwg.com.au/forum/pg/topicview/misc/5999/index.php&kfs40=0
Thank you seriously for your advice.


Hubby sent 3 complaints in regard to the officer's misconduct attached with the recorded script. This complaint mechanism doesn't work in this department. All the formal replies stated it was satisfied with the officer's results. CSA did not explain the grounds or legislation that the officer used to determine his statements or decisions.


My hubby argued that the complaints were question of law, grounds or evidence that the officer used for his statements. He did not ask if CSA was satisfied or not and that he was not satisfied. His ex used CSA as proxy to pass malicious statements to me that they were untrue and easily to be detected by CSA. He also provided CSA my private information and advised them that he wanted to keep them private as he did not want his ex to know and as they were irrelevant. However, he urged CSA to take action on her conduct under section 119.


The complaint mechanism doesn't work within this department. This is the reason why he is on SSAT process now.


The problem is CSA sent our complaints including with my private information to SSAT and his ex.


Those complaints are not COA documents.


He feels that this is a threat by CSA.


My husband kept saying that he wanted to keep them private during the complaint process, so now they were disclosed.


How do you call this action?
This is all typical of my experience with the CSA and the complaints dept.

You should now proceed to escalate your complaint to the Commonwealth Ombudsman.

You should also contact the Privacy Commissioner regarding the CSA passing your details on to hubby's Ex.
In addition you could also inform your local Federal MP and also the Federal MP's who deals with the DHS portfolio i.e. Tanya Plibersek (more details here)..
Thank you for your advice, seriously and MikeT,

We sent our complaints to both the ombudsman and OAIC in  regard to our privacy has been compromised by CSA's misconduct of  breaching the Information Privacy Act 2009. OAIC advised that they need to allow CSA 30 days to repond us. All complaints were sent to MP and nothing has been changed.

We were about to give up many times. My husband mentioned that he doesn't believe in "justice" any more. I told him that I believe in justice but not some decision makers.CSA always told us that it has the power of making decisions.

Power is in the wrong hand. That's all.
Be sure that when you are preparing your submission to the SSAT that YOU provide them with every piece of evidence that you want them to consider.
Don't rely on the CSA providing all relevant info as they may not.

I would advise to provide them with transcripts of your recordings.

Your hubby will be required to attend the SSAT conference alone so it is important that he is right across the whole financial situation so that he can answer their questions confidently and accurately.
Petit Diable said
All complaints were sent to MP and nothing has been changed.

Hopefully eventually MP's will at some stage get the message and then take action. So everyone who does complain to their MP's may be adding straws to break the camels back (sorry to all camels who may read this and see an implication that they are as bad as the CSA, such an implication was in fact not meant, rather it is just an apt saying :))
Procedural fairness is also a question of law. Let's hope the SSAT gives you a fair deal.
I really need advice about how we should proceed in SSAT. My husband doesn't know as much as I do in business matter. Should there be any chances I could receive advice here in private on some details, please advise.

I would like to urge everyone to record the phone conversation with CSA. There is nothing to lose if you do that. Don't be surprised if the reasons of decisions will be far from what you tell the officer. Even worse, it could be another story from what you informed him.

Another lesson we got from our discussion with CSA on the phone in regard to our complaints is, they made the report of our conversation totally different from what we talked with them.

What we said about "codes of conducts" were not there. Moreover, they concluded in their report that there is no corrective action as we used the other avenue which was objection to the decision. No!! We used both avenues and we have never said that we wanted to cancel our complaints. Besides, our complaints are different matters from the objection of CoA. Our complaints are about their conducts and procedures which required investigation, corrective action and preventive action. 


Only hope that the ombudsman will take some actions on this serious matter as I have not seen any actions on this matter from MP. CSA has breached of public trust.
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