This is a long story with a bad ending.
The bad ending was that Mr Justice Martin ratified the legal theft of Ross Taylor’s family home by his accountants, the Xxxxxx Family Trust. On 12 September 2012 Martin J ordered that:
“A Deed of Agreement between the Public Trustee as financial administrator for Carl Ross Taylor with the Respondents (the “Xxxxxxs”) dated 31 August 2012″ be accepted and that the house be transferred to the Xxxxxxs family trust.
This was despite the fact that Mr O’Regan of counsel gave a legal opinion to the Public Trustee in a letter dated 18 Nov 2011:
On the basis of my current instructions, I think Mr Taylor has reasonable prospects of: (a) establishing undue influence with respect to the gift of the Property to the Xxxxxxs; (b) obtaining an order for the transfer of title to the Property back into his (Ross Taylor’s) name.
Then the Xxxxxxs and the Public Trustee combined with the Public Guardian to abduct Ross Taylor from his house and lock him up in a high security facility 100 kms from home and friends. Ross remains there to this day.
__oOo__
Their dream was to use their life savings to start a community centre called AHIMSA (Peace) House.
When Ellen died (either late 2002 or early 2003?) Ross Taylor approached an old friend, Brian Laver, from the Self-Management Group (SMG) to help him realise his wife’s wish as a memorial to her.
A trust was supposed to be set up to manage Ross and Ellen’s dream.
This never happened. Instead a high risk loan with a merchant bank was envisaged. It meant refinancing and doubling an existing loan – a loan that AHIMSA was unable to service. Financial advisors were engaged and along came the merchant bank only too ready to supply the cash for further expansion of the dream to establish an institute for social ecology in Horan Street, West End in Brisbane. More drawings (pictures) were provided and Ross provided more drawings (from his personal bank account) to fund the dream.
It is not as if Friends of AHIMSA had any other choice but to ask prospective buyers to consider their options seriously before bidding for 26 Horan Street West End.
Bri Ferrier (receivers) and Colliers International (auctioneers) were put on notice that a fraud has been committed and to proceed with the sale is unconscionable. Today the property was ‘passed in’ at auction which means that only $980,000 was bid which is far less than the reserve price. Experts say the property market is down. I wonder if this is true given that huge rents are being demanded by landlords in the same suburb?
AHIMSA House – not for sale
Police were called by the Challenger bank appointed receiver, Bri Ferrier, to AHIMSA house at 26 Horan Street West End today.
Challenger Bank wanted to sell AHIMSA house to recover a loan taken out using a mixture of fraud and legal fiction. 1/6 of AHIMSA House was signed over to Will Marcus (an architect) in order to get a loan from Challenger bank. Colliers Representative claimed that the rightful owner Carl Ross Taylor (it was his name on the title deed and no one else’s) was not who he claimed to be despite the fact that Ross provided him with a drivers licence and credit card as proof of identity.
Colliers called in the police and the receiver Bri Ferrier who claimed that we were trespassing on bank property even though Ross Taylor had invited us to occupy the property and to bring our signs.
Colliers representatives had the owner evicted from his own property to facilitate the sale by the bank.
One person was arrested by West End police but released without proper paper work being done.
This rear guard action by the Friends of AHIMSA community house was necessary because the Public Trustee has failed to do his job as guardian to protect the interests of Ross Taylor. Ross has been the victim of fraud. Repeated complaints to police, the Premier’s office, the financial ombudsman and other civil and political officials have resulted in attempts to sell AHIMSA house. Today the property was ‘passed in’ at auction which means that only $980,000 was bid which is far less than the reserve price.
Despite documents demonstrating fraudulent giving of 1/6 of the property to Will Marcus Architect and his unlawful gaining $168,032 from the loan by Challenger, the public trustee, Peter Carne, and his instructing solicitor has failed to act.
It is now likely that the state government will intervene to bail out the bank in the same way banks around the world are being bailed out by public funds. This amounts to theft by public officials to line the pockets of big business at the expense of ordinary people.
Where to now?
Ian Curr
September 2012
Reference
Supreme Court hearing on 12 September 2012 – QSC12-358…court CRT
Rafik Sabdia is formerly from South Africa, having settled in Brisbane in 1981. In 2018 he was recognized by the Queensland Law Society for his 25 years of membership. His CV reads: “Rafik is now assisting families from China and India that have historically been passive commercial and investment property owners or the operators of trading businesses, to venture into the property development field.”
Rafik Sabdia was one of the beneficiaries of the Sabdia Family Trust that received a property at 433 Mains Road Sunnybank as a result of fraud and deception of Carl Ross Taylor, an elderly and vulnerable man. This was achieved through a deed of gift in 2003 whereby Mr Taylor’s matrimonial home at 433 mains Road Sunnybank was transferred to Suliman, Hassen, Rafik and Shiraz Sabdia. Mr Taylor says that he had received advice from the Sabdia’s that his house was being transferred to his own trust to secure the house from fraudsters namely Brian Lennard Laver and Will Marcus. In fact the Sabdias transferred the property to their own family trust.
This transaction was the subject of a legal opinion by Barrister O’Regan that retired meatworker, Mr Taylor, had a good chance of recovery of his home from the Sabdias. Nevertheless the unconscionable transaction by the Sabdia’s received sanction from Mr Justice Glenn Martin acting on ‘meticulous and sage advice‘ from Mr DB Fraser QC. See Public Trustee of Qld v Suliman Sabdia, Hassen Sabdia, Rafik Sabdia Shiraz Sabdia [2012] QSC 358. Justice Martin sealed documents relating to the case filed by the public trustee (never to be opened) thus rendering Mr Taylor legally dead.
It makes you wonder what the ethics of the Queensland Law Society are to honour and retain Mr Rafik Sabdia as a member. Who audits the ethical standards of the Qld Law Society? Especially given the role played by past President and Chief Executive Officer of the Queensland Law Society, Peter Carne, now suspended for ‘serious misconduct‘ from his post as Public Trustee.
It was Mr Carne as Public Trustee who sought order from Justice Glenn Martin in 2012 that his office spend no further monies pursuing the unconscionable behaviour of Challenger Bank, the Sabdias, tennis coach Brian Lennard Laver, and Architect Will Marcus.
Management fees charged by the Public Trustee are currently the subject of an audit by the Office of Public Guardian (part of the department of Justice). The Office of the Public Trustee has received letters of resignation from a number of offcers involved in these transactions.
Here is one of Rafik Sabdia’s most recent ventures:
The ladder of law has no top and no bottom - Bob Dylan 'The Lonesome Death of Hattie Carroll'Six years of people exposing the public trustee’ for failure to look after its clients finances, the Attorney General Yvette D’Arth has finally suspended the Public Trustee, Peter Carne.
Yet the attorney general is being very tight lipped about what ‘serious misconduct’ is being alleged against the ALP appointed Public Trustee. She is hiding behind ‘due process’. Does anyone have any knowledge of what the public trustee is accused of ? Did someone in crown law finally read one of the many affidavits outlining the maladministration by the Public Trustee’s office? Somehow I doubt it. All the Attorney will say is:
“There will be no further comment to ensure proper process is followed.”
What about the right of the public to know how their funds have been misused?
How many lives has the public trustee’s office destroyed?
Ross Taylor is one, the public trustee had him removed from his home by trickery and deception, then took his freedom, locked him up in a high security aged care facility.
On 21 Oct 2013 friends of Ross went to ask the Public Trustee and his officers why he had allowed a community house (AHIMSA) to be sold. Whay had he refused to prosecute fraudsters, Brian Laver and Will Marcus, for theft and fraud from AHIMSA house. Together they took over $1M from Carl Ross Taylor, a retired meatworker, worse still they stole fromthe community a resource sadly needed.
To this day the Attorney-General has not acted to challenge this fraud.
Police have done nothing.
The Public Trustee did nothing, even though his sole remit was to to act for his client, Carl Ross Taylor.
Acting on the ‘sage advice of Queens Counsel‘ Peter Carne refused to prosecute the fraudsters, Laver, Marcus and Sabdia. He was supported by Mr Justice Glenn Martin who lauded the application by the Public Trustee’s barrister, D. B. Fraser QC for giving ‘meticulous and sage advice‘ on the fraudulent transaction transferring Taylor’s home at Sunnybank to his accountant’s family trust account.
Still no justice for Ross Taylor! Or for the Aboriginal Community that tried to buy AHIMSA house so that their youth could have a safe house. But was refused by Carne and his officier, Ian Campbell! On whose instructions? The land at 26 Horton Street has ended up in the hands of the Education Department for emergency extensions to West End Primary.
Peter Carne is suspended under s9 of the Public Trustee Act which states in part:
(7) The public trustee must give written notice to the Minister of all direct or indirect financial interests that the public trustee has or acquires in a business or in an entity carrying on a business.
Editor
13 June 2019
***
Queensland’s public trustee Peter Carne has been suspended after serious allegations were made against him.
Attorney-General Yvette D’Ath says Mr Carne was suspended on Thursday, pending a show cause notice, after serious allegations that “could amount to misbehaviour under the Public Trustee Act”.
Ms D’Ath’s brief statement says Samay Zhouand has been appointed as acting Public Trustee effective immediately.
The public trustee deals with the estates of people who’ve died when no executor has been appointed.
On the website, Mr Carne says the trustee is there during the times of grief and loss when Queensland families need it the most.
https://youtu.be/IeGXa4IVSto
© AAP 2019
Hi it’s Barbara I am still waiting for money from public trustees at Ipswich after they ripped us off and we got stuck paying all the bills even when my mum was still alive they ripped off when they sold our house they are a bunch of scamming money hungry con artists i am not going to stop till they pay back every cent to me and interest on top since 2009 I make them mungrals have no one scam money off do not go to them for any thing you don’t need to go there for wills or anything else yous will never see it and that bloke and his son at Grantham who they just ripped off we need to get them there money back I can’t believe what they did to them this when the government should step in and do something there to many of us that have suffered because of them
I want answers from the trustess at Ipswich where all my late mums pension went to and why wasn’t any bills being paid when she was alive I have had enough of the public trustees ripping people off I want all the money return ed to me for all the bills I had to pay and for years of stress they put us through
I take exception to the term ‘manages’, an infinitely more apt description of the antics of the Public Trustee is ‘MIS-manages’. I was about to say that no private sector financial services operation could even dream of getting away with the bastardry, ineptitude, fraud and corruption practiced by the Office of the Public Trustee but then I recalled that banksters do the same thing constantly..
Client services executive director Tony Steinmetz claims PTQ currently provided financial management for about 8000 people, managed 3000 estates and looked after about 5000 trusts.
PTQ managed about $2.25 billion in assets on behalf of clients, he said.
See http://www.news-mail.com.au/news/disabled-man-wins-16-year-fight-public-trustee/1832429/
The deathadder strikes again !!!! For the benefit of those the mainstream media has chosen not to inform, the apostrophe in D’ath replaces the ‘e’ in her birthname.
When I first saw “Former QLS president appointed as public trustee” in the Lawyers Weekly, I thought it was a mistake. That we had been cast back in time to when Peter Carne was first named Public Trustee by the Goss Labor government in the early 1990s.
Then I saw that Peter Carne was referred to by Bill Potts as the former managing partner at Carne Reidy Herd.
In the 1990s Peter Carne had been a partner in Goss, Downey and Carne.
Carne was sunk by Campbell Newman and reincarnated by Yvette D’Arth, attorney general in the Palaszczuk Labor government. Nothing surprises, cynicism, Labor mates … but what of the poor, the aged, the sick who have their life savings managed by this crew?
Professional ethics go out the door, conflict of interest prevails.
You cannot trust the public trustee.
Ian Curr
21 April 2016
__oOo__
Former QLS president appointed as public trustee
22 March 2016
The past president of the Queensland Law Society (QLS), Peter Carne, has been announced as Queensland’s new public trustee.
QLS president Bill Potts commended the state government for Mr Carne’s appointment.
Mr Carne is a former managing partner at Carne Reidy Herd and has practised as a solicitor for more than 30 years.
He also has experience acting as CEO, executive director and board member for a number of organisations and companies.
“I applaud Peter on his appointment as public trustee for the second time, and look forward to working with him in his new role,” said Mr Potts.
“Peter has contributed greatly to the Queensland legal profession throughout his career, and also to the Queensland Law Society, as CEO for four years in 2005, and as a past president.”
The public trustee is a statutory authority that reports to the Attorney-General and provides a range of legal services such as powers of attorney, wills and managing investments and trusts.
http://www.lawyersweekly.com.au/appointments/18192-former-qls-president-appointed-public-trustee
Public trusstee have not treated me with the respect i deserve thrusted me with sexism i guss acting as if shes my god pppffttt my mum set this shit up where do i turn and get my money?
Meeting at West End …
AVid Reader Bookshop
193 Boundary St, West End QLD
Saturday 25th July 2015
2 pm out the back
AGENDA
All items up for discussion
EPOA – Ros
Royal Commission – Bernie
Class Action – Doug
QADA – Ros
Health Ombudsman – Ros
Court Results – Ian
Naming of Victims – Ros
PT fees – Doug
QCAT/ Courts – PT? Mental Health patients
NOTE: This is a regular meeting … last Saturday of the month 2p.m. Venue may change but time will not. If you cannot attend please advise and we may be able to connect you by Skpye or phone contact.
Queries:
Bernie 0437 439 754 and Rosslyn 0407 118 893
Also, there is no cross examination under oath at QCAT. The opinion of OPT and OPG officers are accepted as fact even when they contradict independent information.
QCAT routinely strips citizens of their human, common law and statutory rights and freedoms, based on the opinions of OPG. We give pedophiles, rapists, murderers and robbers the right to have evidence tested by cross examination under oath before their liberty is removed – but not so for disabled Queenslanders.
http://unlearningtheproblem.wordpress.com/
In response to Mira Mikulic | July 22, 2015 at 11:15 pm |
This is just appalling! What happened to individual freedom in this country?
Actually there was never much interest by the powers that be in this country about honoring human rights, at best we had a totally tame media (read Murdoch) that assisted the politicians of the day in deluding the sheeple. Meanwhile the sheeple were focussed almost exclusively on the major religions ‘footbrawl’ or ‘thugby’ or idiot box presentations of ‘My Kitchen Rules’ or somesuch male bovine dropping. Quite obviously if a story was presented on telly or in the Murdoch rag, it must be correct because ‘they wouldn’t present the story if it was misleading’. I’ve recently attempted to get the Queensland Anti-discrimination monkeys off their backsides re human rights issues, only to be told that ‘we only recognize queer vs straight / female vs male / alien vs citizen complaints as ‘proper’ discrimination. Much the same response from HREOC in Canberra, in fact that tribe told me that (white) Australians can’t even complain about discrimination because ‘they aren’t members of a race’. I have no doubt another equally ridiculous response would ensure if I told them I was an aboriginie, arab or sioux. Bottom line is that regardless of our ancestry, the bureaucrazies we pay such exorbitant salaries believe they are our masters rather than our servants
In response to the following comments posted by Rosslyn …’QCAT needs to take action and dismiss the Public Trustees as administrators, who have not acted in the best interest of their client . The presiding member Aaron Suthers set the precedent of removing guardians whose actions failed to show proper regard for their client and therefore QCAT must now do the same in regard to the Office of the Adult Guardian.’ ….. I can’t imagine that happening because the unholy troika has managed to protect itself by way of stringent secrecy laws. the rigged Legal Services Commission’, the lame duck Crime and Corruption Commission, and the utterly useless Queensland Ombudsman. As has been ably demonstrated countless times, all members of the troika are able to thumb their snouts with impunity at laws ostensibly intended to control them. Removing private individuals is a totally different event to removing one of the members of the troika, in fact I doubt that the kangaroo court even has jurisdiction to do so. What we do have in our favour however is an increasing number of digruntled victims and carers which makes it considerably more difficult for the troika to discount our complaints as has been done previously with individual complainants. As I’ve noted many times, the squeaky gate ………
In response to Mira, I agree that a Royal Commission would be a very good thing but I really cannot imagine that happening until / unless we can make a LOT more noise than we have to date. Politicians will inevitably throw up a smokescreen claiming the cost is out of all proportion to the few people disadvantaged by the kangaroo court or its grubby cohorts. The situation would probably be a lot different if there were a thousand victims kicking at the door of the Premier or Attorney General but we aren’t at that stage yet. That said, I have no doubt whatever that there are far more than a thousand victims but most are scared of incurring the oft-demonstrated vindictiveness of one or more of the unholy troika.Personally I think that despite initial indications of interest from the Premier and the Attorney General, we’ll need to get the media involved to soften up the politicians and make they aware that we won’t stand for their time-honored policy of sweeping the issues under the carpet. I have a few more ways of causing the grubs a fair degree of discomfort and will provide details at the next meeting.
You’re right Ian, all this must get into the public eye a lot more so it can be attended to in a different way. My mum would have never left her estate to the Public Trustee had she known what they would have done with it! The public needs to know what they can expect in their dealings with this organisation and how they are actually financing it with their own money!
This is just appalling! What happened to individual freedom in this country?
The ladder of law has no top and no bottom - Bob Dylan 'The Lonesome Death of Hattie Carroll'At a late hearing in the Court of Appeal on Wednesday, 22 July 2015, Mr Justice Morrison dismissed an appeal by Ian Curr to have grievances heard from friends of Ross Taylor. Mr Taylor’s friends are agitating against delays in the Queensland Civil Administration Tribunal (QCAT) hearings into the abduction of Ross Taylor from his home at Sunnybank on 16 October 2014. Mr Taylor’s friends took the matter to court last November.
On 11 June 2015, Senior Member of QCAT, Ms Claire Endicott’s, refusal to hear application against time wasting by the Public Trustee and Public Guardian regarding the incarceration Ross Taylor in an RSL facility at Alexandra Headlands, over 100 kilometres away from home and support.
Mr Taylor has been locked up for 10 months.
Mr Taylor (who can’t be named under the Guardianship Act) has consistently asked to return home stating that it is ‘a denial of my human rights’ and asks why ‘am I being punished’ by the Public Guardian.
Independent professional opinion supports Mr Taylor’s claim to live in his own home.
Yesterday in the court of appeal Mr Justice Morrison gave friends of Ross Taylor a good hearing but ‘black letter law’ prevailed. The law states that you cannot appeal from a decision by QCAT unless the decision is made by a former judge (like Mr Justice Tim Carmody who has recently been demoted on full pay from Chief Justice to being a judicial member of QCAT).
It is very difficult to make the Public Guardian and the Publid Trustee accountable when appeals from QCAT are made so difficult.
According to Justice Morrison, an appellant has to ‘seek leave of QCAT to have an internal review of their decisions’ (from Caesar to Caeser), and only then, ‘having failed at the internal review, do you have the right to appeal to the Court of Appeal’.
It means that the lower courts, in reviewing life-determining decisions by the Public Guardian and Public Trustee, decisions are not performed by judicial officers, and, strangely, it is this that makes them not appellable to a higher Court. Accountability goes out the door.
Ian Curr
23 July 2015
I think people need to push for a Royal Commission into the Office of the Public Trustee. Only then will something change. Its time will come. In the meantime, let’s spread the word about these scoundrels so people stay away form them!
The latest episode in the life and times of a certain victim of the kangaroo court and the Public DIS-trustee begins with said victim attempting to extricate themself from the clutches of the aforementioned bloodsucking parasites. Firstly, lawyers acting for, and representing the interests of the Public DIS-trustee, have decided to fund themselves by helping themselves to their victims bank account. Note particularly that this was done with full approval of the kangaroo court. After discussing this with a number of other interested parties, I have come to the conclusion that its not a once off event but rather something that has been going on since time immemorial. When the victim attempted to retain a private lawyer (who is required by the Legal Services Commission to observe certain standards), Public DIS-trustee lawyers suggested they would prevent their victim from using the victims own funds for a private lawyer. Now there are ostensibly laws against a lawyer acting for opposing parties, but as we all know, laws are considered optional by the kangaroo court and the Public DIS-trustee. When asked to intervene, the Legal Services Commission advised that it will not accept a complaint by a member of the public against staff of a government department (note the Public DIS-trustee is a private organization when convenient for deniability but a government department when that works better for grubs incorporated), although it will accept a complaint made by a lawyer. This requirement can only be viewed as a blatant attempt to silence dissent about bent government lawyers since any lawyer whether in private practice or otherwise who raised a hand against a member of the brotherhood would be immediately ostracized. According to official kangaroo court complaints documentation, the buck stops at the president of the kangaroo court however it fails to mention that said president doesn’t respond to complaints.. Its unclear whether or not the Legal Services Commission will take action against a president of the kangaroo court (supreme court judge) but it must be considered highly unlikely as these clowns are in a position to ensure they are well protected.
In response to ‘Luke’ ….
In the beginning was the plan.
And then came the assumptions.
And the assumptions were without form.
And the plan was without substance.
And darkness was upon the face of the workers.
And they spoke among themselves saying,
“It is a crock of shit and it stinketh.”
And the workers went unto their supervisors and said,
“It is a pail of dung and none may abide the odor thereof.”
And the supervisor went unto their managers and said,
“It is a container of excrement and it is very strong, such that none may abide by it.”
And the managers went unto their directors, saying,
“It is a vessel of fertilizer, and none may abide its strength.”
And the directors spoke among themselves, saying to one another,
“It contains that which aids plant growth and it is very strong.”
And the directors went unto the vice presidents, saying unto them,
“It promotes growth and is very powerful.”
And the vice presidents went unto the president, saying unto him,
“The new plan will promote the growth and vigor of the company, with powerful effects.”
And the president looked upon the plan and saw that it was good.
If indeed it can be firmly established that the Public Trustee is truly a private venture, the question remains is why the kangaroo court has been allowed to develop such an incestuous relationship with the PT. Personally I believe the real situation is that the PT is only ‘private’ when being so suits politicians (who can then decry responsibility), exactly as is the case with Queensland Motorways which is also ostensibly ‘private’ albeit wholly owned by TMR. The moral of the story is that politicians are for the most part full to the gills of male bovine dropping (or as the Good Book puts it ‘the truth is not in them’). I’ve never ceased to be amazed why sheeple wonder about politicians telling so many porkies, forgetting that most of the grubs are ex-lawyers (and the first essential for success in lawyering is exceptional ability to twist the truth to be whatever achieves the desired end).
I feel public trust stink
The Queensland Government privatised the Public Trustee and made it responsible for its own funding.
When ‘Friends of Ross’ asked LNP attorney General, Jarrod Bleijie, to dismiss the Public Trustee he claimed he had no such power.
A Public Trustee should be a public service that is accountable not some private fiefdom run by political appointees like Peter Carne.
Ian Curr
May 2015
The question is what we should be aiming for in respect of the unholy QCAT / Public Guardian / Public Trustee alliance. Personally I believe the corruption is far too deeply seated for any review to be effective and nothing but complete abolition of all entities will solve the problem. On the other hand, a number of individuals who claim a moderate position state that the aforementioned bodies are necessary in cases where victims have nobody else to look after their interests. I don’t accept this viewpoint because it assumes a legitimacy that clearly doesn’t exist.
Hear Hear !!!! There has never been a more arrogant yet completely inept entity as the Public Trustee. It doesn’t matter what state is involved because all Public Trustees are evil To add insult to injury, the incestuous relationships between Public Trustee / Public Guardian and whatever kangaroo court, together with the skilfully woven web of privacy allows these bloodsucking parasites to prey on those least able to defend themselves. Despite countless examples of financial tomfoolery, the Public Trustee conveniently avoids scrutiny because some brainless political clod ‘deemed’ the grubs competent.
Why should the Public Trustee continue as administrator or the Adult Guardian continue as guardian?
ADMINISTRATION:
An offer of $2.5 million was made to purchase Ahimsa House at West End, with an offer of rental until completion of the sale. On the 26th September,2014,Tony Steinmetz from the Public Trustee office advised me by letter that ” a review of the Public Trustee’s file could not find any reference to such an offer.” Yet Ian Campbell represented the trustee’s office at a meeting in which Sam Watson and Bernie Neville were also present.
Now herein lies the problem.
1. Is it incompetency? or
2. Lack of integrity? or
3. Dementia
Incompetency or lack of integrity s hows that the position as administrator is compromised. If dementia, should Ian Campbell be employed in such a position or should he be under the Adult Guardian?
In an ACAT assessment, Ross, could not remember 4 household items he did not need. Yet Ian Campbell cannot remember a meeting that he attended. An ACAT assessment is done by a random person, asking random questions. Would Ian Campbell pass an ACAT assessment, if he can’t remember a meeting?
Another indication of dementia is loss of items, or misplaced items. Where are all the files that the trust office don’t have anymore?
A business card is generally given so that the recipient is able to contact the person mentioned on the card. Mark Crofton gave me his card, yet now when I phone he will not take my calls. Or I get an offensive noise.
Did he forget he gave me his card? Another case of dementia in the trust office?
GUARDIANSHIP:
QCAT HEARING: On the 3rd December, 2012, in Hervey Bay, Presiding Member Aaron Suthers, made an order removing Janiece Frances Bullock and Karen Leanne Cunneen as appointed guardians. Clause 20 of Reasons for the decisions states” The decision to move Mrs. Price to Hervey Bay is of concern to the Tribunal. Whilst the appointed guardians say, and the Tribunal accepts that a move was required from the previous care facility where Mrs. Price had resided, no satisfactory explanation was forthcoming as to why another facility closer to where Mrs. Price had resided was deemed inappropriate…….such behaviour fails to show appropriate regard to a guardian’s obligation to ensure that maintenance of Mrs. Price;s existing supportive relationships was taken into accounts….” In this instance Beaudesert to Hervey Bay… 359 kms.
In the case of Ross…Sunnybank to Alexandra Headlands 111 kms.
The Adult Guardian has shown the same disregard for existing supportive relationships in moving Ross such a distance and not providing a telephone in his room to allow continuation of such relationships.
QCAT needs to take action and dismiss the Public Trustees as administrators, who have not acted in the best interest of their client . The presiding member Aaron Suthers set the precedent of removing guardians whose actions failed to show proper regard for their client and therefore QCAT must now do the same in regard to the Office of the Adult Guardian.
Rosslyn
October 23, 2014 at 2:07 am
Why should the Public Trustee continue as administrator or the Adult Guardian continue as guardian?
ADMINISTRATION:
An offer of $2.5 million was made to purchase Ahimsa House at West End, with an offer of rental until completion of the sale. On the 26th September, 2014, Tony Steinmetz from the Public Trustee office advised me by letter that “a review of the Public Trustee’s file could not find any reference to such an offer.” Yet Ian Campbell represented the trustee’s office at a meeting in which Sam Watson and Bernie Neville were also present.
Now herein lies the problem.
1. Is it incompetency? or
2. Lack of integrity? or
3. Dementia
Incompetency or lack of integrity shows that the position as administrator is compromised. If dementia, should Ian Campbell be employed in such a position or should he be under the Adult Guardian?
In an ACAT assessment, Ross, could not remember 4 household items he did not need. Yet Ian Campbell cannot remember a meeting that he attended. An ACAT assessment is done by a random person, asking random questions. Would Ian Campbell pass an ACAT assessment, if he can’t remember a meeting?
Another indication of dementia is loss of items, or misplaced items. Where are all the files that the trust office don’t have anymore?
A business card is generally given so that the recipient is able to contact the person mentioned on the card. Mark Crofton gave me his card, yet now when I phone he will not take my calls. or I get an offensive noise.
Did he forget he gave me his card? Another case of dementia in the trust office?
GUARDIANSHIP:
QCAT HEARING: On the 3rd December, 2012, in Hervey Bay, Presiding Member Aaron Suthers, made an order removing Janiece Frances Bullock and Karen Leanne Cunneen as appointed guardians. Clause 20 of Reasons for the decisions states” The decision to move Mrs. Price to Hervey Bay is of concern to the Tribunal. Whilst the appointed guardians say, and the Tribunal accepts that a move was required from the previous care facility where Mrs. Price had resided, no satisfactory explanation was forthcoming as to why another facility closer to where Mrs. Price had resided was deemed inappropriate…….such behaviour fails to show appropriate regard to a guardian’s obligation to ensure that maintenance of Mrs. Price;s existing supportive relationships was taken into accounts….” In this instance Beaudesert to Hervey Bay… 359 kms
In the case of Ross…Sunnybank to Alexandra Headlands 111 kms.
The Adult Guardian has shown the same disregard for existing supportive relationships in moving Ross such a distance and not providing a telephone in his room to allow continuation of such relationships.
QCAT needs to take action and dismiss the Public Trustees as administrators, who have not acted in the best interest of their client . The presiding member Aaron Suthers set the precedent of removing guardians whose actions failed to show proper regard for their client and therefore QCAT must now do the same in regard to the Office of the Adult Guardian.
Confidentiality: On the letters I receive I am advised of the confidentiality of the matters. However, abuse is abuse and should be brought out into the open especially if it pertains to a public funded agency. The public has a right to know where and how there funds are being used.
The Adult Guardian is responsible for the health and welfare of their clients. To take Ross from his home and the good routine that has been in place for eleven months now is criminal. Taken from his home under false pretences and without notifying those who have been caring for him, on a regular basis shows that the guardian and those they employ, Centcare, acted in an inappropriate way. Common courtesy would have given Ross and those who care for him some notice. Health and welfare covers not only the physical but the psychology as well. The trustee and the guardian show no care for anyone but themselves.
http://resources3.news.com.au/images/2014/10/17/1227094/307615-ddec12d2-54e8-11e4-9961-176025a6041e.jpg
[Editor’s Note: Barry Cohen would have a big pension from all those years in parliament but it has not saved him from a bad experience in a nursing home for dementia sufferers … no doubt a true testimony by one person, but not necessarily by all.]
They are not necessarily the views of the other 27 residents, but are the views of someone who has spent a lifetime at odds with public servants who have never had to suffer the problems listed below.
• Why doesn’t each patient have their own private phone, just as they do in private and public hospitals? Now, if you are lucky, it takes hours to get a call using the ward phone.
• A genius decided to place the emergency/nurse call buttons in a position only a contortionist could reach, so that if you want to get assistance you have to hop out of bed — easy if you don’t have a bad back, neck or hip, like I do — and risk breaking a leg or an arm. And most other patients are in their 80s. You need a panel the average aged person can reach.
• Stop serving food no one eats: cold toast, cold tea and thick, glutinous porridge. Offer them choices as they do in public or private hospitals. An edible diet is essential to maintain one’s health and sanity.
• The beds are too narrow and some can cause you to fall out of them. My doctor insists it is dangerous if I hit my head again. Some beds have to be made up to doctor’s instructions, without consideration of patient comfort, to prevent accidents.
• Give the “singers” (screamers) a soundproof room, or at least shut the doors to their rooms.
• Have special brightly coloured controls that don’t blend with all the other black controls.
• Provide reading lamps so you can read at night.
• Staff should be numbered and named. It’s hard for Australians, aged and perhaps hard of hearing, to differentiate between a dozen different accents — South Sea Islanders, Indians, Arabs, Asians, Europeans. I risk being called a racist, but there’s no other way to make the point. By all means employ foreigners, but make sure they speak with an accent that can be understood. I can’t understand them and they can’t understand me. Our bureaucrats cannot understand that there is a difference, and it will save time, money and hurt feelings.
• You’re charged hotels rates for the above, so give hotel service. This is not an 18th-century workhouse. The disparity and inequities between monetary rates charged for residents is nothing short of scandalous. I am charged $600 a week and have provided a $250,000 bond, while in neighbouring rooms residents who may have alcoholic dementia or have gambled their lives away receive the same care as I do, courtesy of Centrelink. Effectively I, and those like me, am subsidising the care of other residents and the profits for the aged-care facility.
Somewhere between 7am and 10 am on Thursday 15 October 2014 they came for Ross at his home in Sunnybank.
His carer had just left for work. No warning was given to Ross’s unpaid carer or his support people despite the fact that we are all listed in various government agencies as Ross’s friends and support people.
Ross has been in good health and in good spirits. His mind is active and his memory good.
They took Ross away and they took his wife Ellen’s ashes too. They left his hat.
They left his two dogs (Phoebe and Harry) at the glass front door. I saw them waiting patiently for Ross when I arrived at 10 am. When I asked people at the local shopping centre if they had seen Ross, they said that they knew him but had not seen him.
Those that took Ross have a motto: ‘Protecting the rights of vulnerable Queenslanders’.
‘They’ call themselves the Public Guardian of Queensland (until recently, the Adult Guardian).
I am concerned about the mental anguish they have caused Ross by taking him from his home.
The Public Guardian refuses to tell Ross’s carer or support people where he is and will not give any reasons why.
I have made written complaint to both the Public Guardian and the Ombudsman.
I have complained in person to the Brisbane Manager of the Adult Guardian and to the Public Trustee.
None have responded or given reasons for their actions.
Please show your support for Ross by adding your name to this petition to the Public Guardian in the comments box below.
Ian Curr
October 2014
I recall more than one fiasco perpetrated by a local demagogue who spent decades preying on those with hopes and desires for a just world. From early beginnings as a ‘Bull Rad’ at Queensland University he was invited to a conference of promising cadres held in Prague by Warsaw Pact Trade Unions. Just in time to witness Prague Spring, the reality of what he had been spruiking at anti-war demonstrations, he had and epiphany and came back to Australia espousing his brand of Libertarian Communism, complete with a story about capturing a Government Agent while armed with a machine gun. The fact that nobody ever questioned the veracity of his claim is indicative of just how naive his followers were but the fact that he trotted out the same anecdote, lacking any evidence much less proof of his exploits when he was interviewed by the Courier Mail as part of his campaign to become Lord Mayor is proof of a delusional ego that knows no bounds.
The mismanagement of the final West End Street Festival was further evidence of his inept business dealings and a total disregard for the community he preyed upon. The list of people and projects he has used for personal and monetary aggrandizement goes back to the days of the rorts common among student politicians in the 70’s.
It seems to me that as long as people are so eager to adopt a ‘new’ approach to the age old problems of human society they will remain susceptible to wasting their time, effort, money and lives laboring in the shadow of such characters. The finest proponents of Libertarian thought are the likes of Kropotkin, a geographer and Chomsky, a linguist long before they made names for themselves as Anarchists.
The lesson here is don’t waste time listening to unqualified experts on social change unless they have a proven record of doing honest, creative, humane and humble work that is recognised by more than a small subculture comprised largely of misfits or the very young. More importantly I suggest we always view with suspicion anyone who denies the existence and importance of spirituality. It is our spirit that gives us the strength to endure the hardships which make a struggle for justice so difficult to maintain. We can dispense with god when we no longer have a need for it but to dispense with our spirit is a living death.
One top bureaucrat, Queensland Public Trustee Peter Carne, whose ALP ties go back to Goss government days, is believed to be top of the LNP hit list.
Sources said Mr Carne was believed to have been told by a senior LNP figure “. . . you may rest assured that when the LNP takes government on 24 March, your appointment will be the first to be terminated . . .” read more …
CourierMail
November 25, 2011
A LOGAN City Council councillor has admitted she knew a dementia patient did not have the legal capacity to know what was happening when she transferred a “vast amount” of money out of their joint account into her own…READ MORE
The Public Trustee is not a human services organisation, it is a financial services organisation. It has no capacity to consider the welfare and lifestyle needs of its clients, only their bank accounts.
Like all financial services, its bottom line is maintaining its own income streams which is by management fees. In one case I am aware of, the Public Trustee charges represent over 80% of money earned from the managed investment. Yet these fees are still counted as income for Centrelink payments.
The Public Trustee exists in two dimensions, 1/ As an independent corporation with an obligation to make a profit and 2/ As an agency of the state, set up by legislation and accountable to the Attorney General.
Therefore, the Public Trustee has two vested interests above and beyond the needs of its clients – 1/ To maintain an income stream (management fees) from invested dollars rather than purchase things, such as a house, car or overseas trip, etc. for their clients and 2/ To invest their client’s funds in state government financial shananigans such as selling off public assets and the -Treasury run – Queensland Investment Corporation.
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There are many clients of the Public Trustee who have (or had) the funds to own their own home and be able to access full pension. But instead they live in nursing homes, hostels and some on the street because their money has been invested in schemes that provide cash flows for the Public Trustee and so called “private investment” in privatised state assets. Once the Public Trustee has taken its fee out of the profit from the investment, many of the clients are stuck in inappropriate accommodation with nothing but their pension to support them – as if they had no assets at all. In one case that I am aware, Public Trustee management fees were withdrawn from a person’s pension in order to keep his investment portfolio intact.
Some of these people cannot access public housing and legal aid because their assets, of which they receive no significant benefit, are too high for asset tests.
The Public Trustee creates poverty
I would give you details but I would get in trouble.
JT
http://unlearningtheproblem.wordpress.com/
“He (the public trustee) can do this on the corporate media, they are at his disposal” Well maybe.
4MB FM community radio is at the disposal of the public trustee.
This is how the public trustee gets his PR to the old folk out there across Brisbane:
The Public Trustee is the only government department that is ‘self funding’.
It gets its fees from ordinary people by charging them fees.
4MBS is supported by annual subscriptions and donation. Who are the board of trustees of 4MBS?
Mr Peter Carne is QLD’s Public Trustee and is currently on the Board of Directors of the Australian Government Directory.
I am not attacking 4MBS for doing what they do. I have attended a concert of wonderfully original music by local and OS musos. This was held at their station in Coorparoo – they do not pay the musicians much even though the station is well funded and has extensive resources far beyond that of say 4ZZZ.
I am not even attacking the Public Trustee himself as a person … no doubt he has a difficult job … the thing is the office of the public trustee is not assisting one of its clients (at least) and has failed to do so for over 2 years.
Ian Curr
24 Nov 2011
“It is not enough that some succeed, others must fail” — Gore Vidal
This afternoon (23 Nov 2011) two representatives of Colliers International who conducted an auction last week on behalf of the receiver for Challenger bank attended at the home of Ross, the owner of AHIMSA house.
They were Jock Murray and Hunter Higgins. They stood outside Ross’s front gate. They were threatening in their presence. Why attend at Ross’s house to tell him that they are going to sell his sole remaining property by 15 December 2011?
The public trustee is seeking to get Ross’s family home as well as AHIMSA house.
The public trustee will want its cut in order to charge fees for its financial services to Ross – even though they have done nothing.
Then of course the bank will be lining up for further interest payments and penalty rates.
In the past week I have written twice to the Premier with a simple request about this shocking embezzlement by bank & associates.
That Anna Bligh or one of her officers intervene in the dispute caused by the sale of the community centre, AHIMSA (Peace) house by Challenger bank.
This has been caused by the failure of Public trustee (PT) to act to protect the interests of its client.
The PT’s client is the owner of AHIMSA house, Ross.
This inaction has lasted for over 2 years, far too long, in matters of this type where a timely response is needed.
My request is simple — I wish to speak with the public trustee and his senior counsel to seek an injunction to prevent the sale of AHIMSA and for the property to be returned to its rightful owner, Ross.
The Premier’s office has received both my requests via emails dated 17 November & 23 November 2011.
The current response time to a query is 4-6 weeks.
The delay relates in part to freedom-of-information laws.
Everyone is accountable under these laws so everything is vetted by lawyers to make sure the Premier’s inaction does not place government at risk. The Premier has handed control and power to technocrats. The Public Trustee is one. In the days of Bjelke-Petersen this was less evident, he would intervene himself – but often the results are the same – inaction on matters that affect people’s daily lives.
For example, gone are the days when the Premier’s chief of staff would call you up personally.
The Premier’s office is on the 15th floor of the Executive building and it even takes more than a day for an email to get through because it has to be processed downstairs first. I have never heard of an email bomb — but evidently one must exist for each email to be vetted so far away from the Premier’s office!
Seriously, workers in the Premier’s office get many urgent emails and phone calls and are forced to prioritize emails accordingly.
The floods are still one cause of delay … a backlog has built up.
Needless to say, this has caused frustration and anguish for many who need pressing problems solved — flood relief, environmental damage, fish poisonings, elderly people being ripped off, murris dying in jail — to name a few of life’s daily problems. You name it, the premier in government can’t deal with it in a timely fashion.
The parliament is even less relevant, it works on a three year cycle; very few problems can be solved after a delay of three years.
So what is to be done about AHIMSA?
Many people with a problem and frustrated by the delay threaten to go to ’60 Minutes’. You know the current affair show on Ch 9. Some may even make it on.
I do not see the corporate media as a serious option for AHIMSA but I am not going to stop others trying.
In my latest email I do say to the Premier that I will publish detailed information about the unconscionable behavior by the bank and the public trustee’s failure to act.
Accordingly, this is a call for friends of AHIMSA to come forward and to say in their own words what has happened and why.
Is it possible to shame the bastards into action? I don’t know.
I do know this – the public trustee went on radio today to defend his track record.
He can do this on the corporate media, they are at his disposal.
So why don’t we go on community radio to defend AHIMSA house against bank and state?
One lesson for the politically naive; do not allow yourself to be attacked as has happened with AHIMSA house, it was under attack from the outset by the fraudsters and the carpetbaggers.
Ian Curr
23 November 2011
Public Trustee begins steps to reclaim ‘large amount of money’ it alleges Logan City Councillor Hanjal Black wrongly moved from joint account with elderly man @ http://www.couriermail.com.au/news/queensland/public-trustee-begans-steps-to-relcaim-large-amount-of-money-it-alleges-logan-city-councillor-hanjal-black-wrongly-moved-from-joint-account-with-elderly-man/story-e6freoof-1226198903477