by Dee McLachlan
I just want to thank the Prime Minister’s Office, and the Hon Steve Irons (Assistant Minister to the Prime Minister) for their support and compassion in one case. And I know this will soon encompass many.
Since Gumshoe has become involved with Family Court cases, I have heard of the most terrible experiences from protective parents, grandparents, and survivors from all across Australia. Each week, I learn some new, even more shocking aspect of the child exploitation business in this country, so I was relieved to learn that “the wellbeing and safety of all children is of utmost importance and will remain a top priority of the Australian government.”
Readers might have noticed that I have not been writing much these last few months. I have been busy, and have been deliberately restrained on Gumshoe. This may change.
This article is not about a specific account, or specific people. There are just too many. After analyzing many cases, and being educated by many advocates and legal minds, I have come to learn how the whole system — which is there to protect children — can do the opposite: protect those harming children. It is a system by its design — with countless laws and complex maze-like structures — that make it difficult to stop malfeasance. One corrupted link can cause a mess that is hard to rectify. (And Section 121 prevents us learning about this mess.)
Federal vs State
This is further exacerbated when Family and Youth/Children Courts, dealing with the same problem and people, can bounce between Federal and State jurisdictions.
In some way, it seems the system has been designed to fail, thereby allowing a few perpetrating the most unimaginable crimes to be protected. It also makes it very difficult for any leader, or a person in a position of power, to put their hand up and right any wrong. There are many good people, but they struggle against a system that seems purpose-built for crime.
There are many government bodies and people that are supposed to help keep the PM’s October 2018 promise “to keep children safe”. But any part of the government that could quickly expose the wrongdoing has been armed with no teeth — its officers are placed in “advisory” capacity only.
And elected officials such as ministers, and attorneys-general, as well as the police seem unable to correct the situation. It is not their jurisdiction (they believe). They are either prevented from doing so; are afraid to do so, or actually don’t want to shake up the status quo. In my little run-around I have found that the State Attorney-general hand-balls the problem to the Federal A-G, and vice versa. And they do this because the laws in the system seem to direct them that way. Both offices have written to me independently indicating that a particular problem was the other’s. But in many cases, either could step in. And they should.
And there is the Office of Public Integrity (or similar bodies in various States). In South Australia, a complaint might be directed right back to local police (to those that may have an association with the source of the corruption.)
Evidence
One would have thought that “evidence” was part and parcel of dealing with the issues of crime. But in Family Law, evidence might be considered a subversive concept. The court, in some cases, seems HOSTILE to evidence. In one case that came to Gumshoe, the evidence was suppressed and destroyed — an order by the judge. The decision to remove the child from the protective mother for over a decade was concocted essentially out of hearsay.
And if you try to file a complaint about DCP or CPS social workers, the complaint might go back, to be assessed, by the very office occupied by the people named in the complaint.
Society does want to care for our children. So, naturally there are many commissioners, guardians, ministers, and executives in charge of children. But if there is a problem, no one seems able to help. And then there are countless offices, like the Family Safety Branch. I was told recently that one commissioner was overwhelmed by the sheer volume of problems crossing her desk. There are problems — but no one seems to have solutions.
The Office of the Guardian for Children and Young People want to help children. They are unable to step in on a request. Their answer: “The child is welcome to give us a call.” There is an assumption, for example, that a 7-year-old child (possibly in the family of an abuser) might be able to find their number independently, then trust the person at the end of the phone. How would they even get their hands on a phone, or know whom to call in the first place?
Failures By Design
There may be failures in the system, but the accounts involving sexual abuse I refer to today, are not failures. The system is deliberately complex — and this makes it easy for those with malicious intent, to enforce a separation, and the destruction of the mother/child bond. Or father/child bond. (I am reminded by Dr Richard day’s 1969 “Nothing Can Stop Us Now” lecture.)
As Charles McGavin wrote:
“There are 2 parts to the equation. The system needs to steal kids in order to maximise profits… The entire system is built on extracting as many Federal funds as possible while paying a minimum to the carers…
“The horrors in the foster care system are beyond what even I could have imagined…”
McGavin also writes that,
“Four out of five of kids in foster care should not be there. They have a loving family who desperately want to get them home. And that is where they belong.”
There are many statistics that show the separation of parent and child does not benefit the child, and actually is detrimental to their upbringing and wellbeing.
To quote from Mary Maxwell’s new book. She quote’s Canada’s Prime Minister Stephen Harper, June 11, 2008:
“We realize that by separating children from parents, we undermined [that child’s] ability to parent, and sowed the seeds for generations to follow and we apologize for having done this.”
X Marks The Spot
Are you wondering about the blue-sky photo decorating this article? It was sent to me by someone in Adelaide — taken on a Saturday afternoon over her house.
For a few, the X has come to symbolize the very essence of pure evil. In “secret societies,” X can be used to emphasize their strength, exclusivity, and subversiveness.
In algebra, X is the variable.
We now understand the modus operandi — the equation, or the “formula.” And once you do, you can give a value to X. The criss-crossing trails, for me, are a symbol that we have come to a “crossroads” with regard to this matter — a new understanding.
“And if you try to file a complaint about DCP or CPS social workers, the complaint might go back, to be assessed, by the very office occupied by the people named in the complaint.”
Dee while you were away (doing the Lord’s work), a Commenter helped us find a new word (The commenter was Kevin, the word was Intendo — legislation whose real intended purpose is nasty but is covered over with pieties). Best interest of the child type thing.
But as for your new remark about the complaint being sent back to the complained-about, I propose a verb — to Todashev. The family made a complaint to the FBI that their agent walked into the home of Ibraghim Todashev (Tamerlan’s boxer buddy) in Florida, and after 7 hours of harangue, killed him. The complaint went back to the local FBI boss who found of course that the agent acted properly.
I now reword your sentence: “And if you try to file a complaint about DCP or CPS social workers, the complaint might go back, to be assessed, by the very office occupied by the people named in the complaint.”
Just say “And if you try to file a complaint about DCP or CPS social workers, the complaint may get Todashev’d.”
I don’t know how long complaints about Aus public officials have been dealt with in such a way but I can vouchsafe that the policy was already entrenched in W.A. 28 years ago.
If you do happen to get a Ministerial response there’s a standard “I am advised” format. The very best you’ll get in writing is “the officer concerned will be given extra training”(a somewhat oblique admission that decisions are routinely being made on a nudge-nudge wink wink basis). The odds of getting a tidy response are virtually nilch, however, that doesn’t, in any way, mean that blowing the whistle is a waste of time.
And the earlier you get in the better: Most dirty deals are done well before they reach a courtroom and it’s much easier to thwart any disease in the early stages(before any actual symptoms start busting out) and it’s much easier to bargain with an elected Minister than a non-elected J. O.
But there are ways of getting round the fact that the A. G. isn’t authorised to deal with complaints about magistrates or judges, e.g. when a certain magistrate directed court security officers to conduct a selective search of my clothing and prevent me from taking a basket of papers into the courtroom I confronted the A.G. on the basis that, as the boss of court services/processes/ security he was directly answerable. The letter was headed “BASKET CASE” and needless to say I wasn’t given so much as an acknowledgement of receipt, but abracadabra, the case wound up being determined by another magistrate !
The ‘Pell’ tolls for those in government, including members of parliaments, who have or now fail in their duties to protect children and dutifully carry out the responsibilities that they are paid to do as our servants.
Brilliant article Dee exposing the flaws in an already stressed system. I agree that the ‘system’ in place simply directs investigations right back to the officers whose actions originated the compliant. I had this illustrated for me in recent years when I complained to the Police Ombudsman’s office about a particular Police Complaints Authority officer, only to be informed that particular officer, newly employed by the Police Ombudsman’s office, had advised the PO that my complaint about his actions did not warrant further investigation! When I took this further to the Office of Public Integrity, well…….. I can’t comment on a decision by the OPI can I? That could bring on a $30 000 fine! Then there’s section 15 of the new Police Disciplinary Act which states that any compliant which has already been looked into previously can be ignored…….making the OPI entirely redundant. The system has us chasing our tails and throwing our hands in the air with despair. And it appears it was orchestrated to do just that.
Dr Day’s lecture is a basis for concern. It was in 1969 that he said:
“Families to diminish in importance.
(new circumstances would make it) …harder for families to stay together. This would tend to make the marriage relationship less stable
… one of the net effects of easier divorce laws combined with the promotion of travel, and transferring families from one city to another, was to create instability in the families.”
It seems breaking up bonds — the destruction of families has been on the agenda for a long time. It is hard to control a population with strong family bonds. I have seen in the many cases (in the survey) that the removing of children not only disrupts the parent/child bond — but essentially DISRUPTS AND DESTROYS the entire family unit.
Some of the family members cannot cope with the disruption, so they begin to alienate each other — often discarding the protective parent (in the too hard basket).
Truly sad. And very predictable.
Disrupted families become easily persuaded into conflict.
Dear Dee, I was also struck by your paragraph “In South Australia, a complaint might be directed right back to local police (to those that may have an association with the source of the corruption.’ I live in South Australia. I have been fighting the corrupt networks in place here for over a quarter of a century. What you need to know is that the pattern of corruption is EXACTLY the same with the “protection” of animals by the RSPCA. Mary M for some reason did not want to discuss this with me. Which made me sad, because everyone here seems to me to be far more frightened of the RSPCA than of the child protection personnel. Older women with animals are an even softer and easier to harvest target than families with children. Also, back to children… the disruption of the family by the state as a deliberate effort to weaken any institution that supports the individual against the unmitigated power of the state is in my opinion also spot on. Stephen Baskerville’s work is germane to this issue, Although I suppose you are already quite well aware of his arguments..
There are is a very simple way of overturning this whole mess and improving the child ‘protection’ systems. It’s so simple. Reintroduce the Evidence Act!!! Currently both the Family Court (Federal) & Department of Child Protection (State) have left EVIDENCE to the Judges discretion. Well that says a lot in itself. It’s not hard to see what side of the fence these Judges are on when they are making decisions such as removing a child from a protective mother! Even when there is strong evidence that the child is further being abused, the finger remains pointed at the wrong person & even the child is told to be wary of the protective parent! Absurd!!!
With the recent conviction of George Pell, it’s clear to see the denial of such ‘friends’ such as Howard & Abbot. How is anyone willing to turn a blind eye to bad behaviour when it comes to children? Apparently people in high places ARE willing to do this. It most certainly says a lot about them!!!
It’s not had to see that corruption has become rife in these systems. Cash for kids can even be viewed on You Tube. McGavin mentions that it’s all about the money. Apparently some people’s morals can be ‘bought’. But not mine, not Dee’s, not Mary’s, not Rachel’s, not Andrew’s, not Patrick’s, not Russell’s or the hundreds of others who are now standing their ground to expose this mess. (You know who you are & I thank you from the bottom of my heart). You see thanks to social media, we have come together and we WILL put an end to this horrid child trafficking system.
As my friend Emeritus Professor Freda Briggs lay unconscious on her deathbed, I promised her that we would continue her legacy. RIP Freda
To the legacy of Sarah RIP
By Christine Moore probably written about 1988 or 9 not long after she met me.
#HamiltonByrne
Sarah Moore
July 30, 2014 •
An Ode to Evil and the Power of the Human Spirit to Overcome it.
This is the story of Anne Hamilton-Byrne
A name the authorities have come to learn.
For all the crimes she’s done And made her followers do,
for one Time they thought she was the Saviour of the World.
It started back in sixty-eight When around her she did congregate
Those deluded, elitist, no doubt insane Egomaniacs, who would play her game
They conjured up a cunning scheme In order to fulfil her dream They forged documents, falsified tests To steal babies from their mothers’ breasts
The babies were locked in a holiday home During their childhood,
no chance to roam The idyllic banks of Eildon Lake No love or freedom – their hearts did break To emotional deprivation, torture and ego breaking Censored education, distortions of her making Of the real world, they were subject Beaten and starved, they daren’t object
They didn’t see much of Mummy dear By using spies she managed to hear of any suspected rule infringements And instructed minions to carry out punishments
These criminals, using brainwashing and drugs Indulged their evil instincts, behaved like thugs Whilst the children grew up in a cell Innocent victims of a living hell
Despite their cruelty, despite L.S.D. The human spirit is hard to defeat Brave Sarah, their clutches did evade And against The Family, charges were laid
Liberation took place in eighty -seven The youngest child, by then, eleven! Sect members feared to reveal their flight! What kind of power can cause such fright?
The legal system, unfortunately imperfect Has been unable to stop this sect They insolently defy the Law Continuing as they did before
Anne dwells luxuriously in England and Hawaii By unveiling money with her lies. The children learn how much was concealed As the facts of life are slowly revealed
With positive guidance from above The children will be healed by Love. The culprits can’t escape the Lord Each action reaps it’s own reward
By Christine Moore probably written about 1988 or 9 not long after she met me.
#HamiltonByrne
Sarah Moore
July 30, 2014 •
Yes “some people’s morals can be ‘bought,’” many peoples minds are cleverly controlled through our public services- now privatised off shore services- and murderous threats and actions are used to silence. “Not Mine”, Eyes. Hope we can meet soon.Our testimonies will honour their legacies.
I carry the legacy of Sarah Moore’s story.
A three part documentary starting this Tuesday ABC. called? “The Cult of the Family” I think. And yes many people in “high places” some very HIGH might be named. Essential viewing prior to the Fringe.
Mary’s Deliverance covers this story.
Interesting timing for The Cult of a Family series on abc–when we have daily coverage of the evils of Pell and the Catholic Church, and a Mel Gibson supported Illuminated 20 metre high cross to be placed on the top of powerful mens sacred hill in desert country–to prepare for the second coming.
A media comment: copied from Sarah Moore’s Blog 2014-
“At that time the Sun and 60 minutes got exclusive access to interview her through me asking her to do one (yes it was as simple as that and no money was needed – she agreed when I asked) but unfortunately they missed the one chance they ever got to truly interview her and get some understanding of her world. Instead. the reporters I believe were seduced by her down an easier ‘reunion’ sideline leading to great pain for me as people I loved assumed I had somehow sold them out.”
Also found this in my massive folder titled religion:
https://www.powells.com/book/family-the-secret-fundamentalism-at-the-heart-of-american-power-9780060559793?partnerid=32513
Also from Sarah Moore’s Blog 2014:
“I believe that a public enquiry into the range and extent of activities of the cult is needed, as a lesson above all that we can learn in how to prevent such a group led by a psychotic guru ever again gaining such power and extent to do what she did. Among so many other things (the connections with hospitals and other places so that the cult could steal and produce children some of whom gained multiple identiites and passports (how was that allowed to occur and why weren’t the children the cult stole ever fully accounted for) the education department, her connections with with overseas money and influence eg the Rands and the people in Germany on Lake Como and with Sandoz and with powerful people here in Victoria up the the level of Governor General of this country (her nurses looked after Lord Casey to the end), we need to look into the legacy of Newhaven, the psychiatric hospital that she ran and recruited and fed people LSD etc in. Chelmsford (its counterpart in NSW) gained its own Royal commission, Newhaven was ignored. Similarly no matter how hard we pushed and despite the eventual investigation, she was never held to account for what happened and I believe that was because of who and what she knew. Her web of influence within Victorians society protected her to the end and I believe it is worth examining who and how that worked. No doubt there will be little political will for that, as has happened in the past, becuase no matter how much police dug up it all came to naught (in the end as the dpp made a ‘mistake’. why should it make a mistake in that case?). Surely though so much time has gone by and it is less relevant now, maybe it could stilll embarass some still in postions of power within this state if everything came out. But how much was that embarrassment worth in terms of ignoring the extent of suffering that she created for so many. I guess that is for others to decide as it always has been. Personally the idea of punishing her always repelled me, but I wanted to see her unable to act further to hurt other children and that indeed was achieved. But also what I want to see is the suffering end for those that were her victims and that, unfortunately, continues and will as long as those people remain ignored by the community that let them down so badly.
What can never be forgotten though is that, even though she has been a toothless tiger for so long and is understandable and pitiable, is that this community of Victoria colluded with her cult in letting her get away with what she did and did so for a very long time. /Surely all of us that suffered from her actions and those that have died because of the effects of them deserve something from that community in the form of assurance that how and what that group did is publicly known and we know for sure that it could never happen again.
Best regards
Dr Sarah Moore”
Received today:
https://newsmaven.io/indiancountrytoday/news/ghosts-of-the-missing-and-murdered-speak-through-the-redress-exhibition-at-nmai-l4bUHtplRE2Inhw8uDYjgQ/
unnecessary violence and loss
“It’s systemic and I think that’s exactly the problem. People are often blamed just generally in society and even more so in Indigenous communities. People are blamed for their own problems. It’s actually deep-rooted colonial frameworks that are responsible for a lot of the violence we’re seeing.”
As one who has practised in the Family court system for well over 30 years I am more aware than most of the system’s shortcomings. Those have become more apparent with time since the 1976
Act. It is recognised by some of the more aware Judges in that jurisdiction, as was noted in the recent Bar Association conference in Brisbane where one of the sessions had panel including the Deputy Chief Justice of the FC.
The many flaws in the system (and with respect Dee, s121 is not a major one) cannot be improved with a piecemeal approach. The discretionary nature of admissible evidence is a far greater danger which, although introduced with good intentions has proved to be a significant obstacle.
Rather than an ad hoc approach I would suggest that the government establish an independent and well resourced expert panel (not necessarily a Royal Commission) to examine the whole structure and propose a new and better model than the exisiting one.
Family court cases (in both jurisdictions) now have 40% of litigants self represented because of funding cutbacks in legal aid. That of itself is a huge disadvantage to those people (disclaimer: I do not do legal aid work) and is wasteful of time and resources.
The time is well past when a thorough overhaul is due.
Thanks James
Dee, thankyou! Your dedication and insight helps to illuminate the legislative gaps, apathy and dysfunctional culture in the systems that are neglecting to safeguard children.
I feel violence and csa needs to be treated as a public health issue, and managed by the State with independant specialists. This can be done through the child advocacy model proposed by Hetty at Bravehearts.
We can not repair a system by using those that benefit from the status quo. The current family law review is not impartial. It has a director of a private company, (Dr Bikerdike head of the AFCC), on its committee. A quick research into the AFCC’s misconceptions, flawed paradigms (with etiology in Gardner/Kinsley institute nonsensical, paedo promoting filth), and destructive influence on the protective parent/child bond will help many understand this businesses horrific influence on FC decision makers.
We need to create a new system. All safety issues need to be managed by a much improved State system.
I invite all here to the upcoming Family Court Vigil, to call for a RC into the FC, and to thank Russell, Patrick and others for stepping up when the system failed to protect. It’s to be held on April 5th outside Brisbane Magistrates Court, 8.30am. Hope to see you there x
Those criss-cross lines so obvious as they settle into an artificial configuration. Poor weather people
left “coining words” of description, insinuating Julius Caesar would have seen these same things.
Yeah, Dee is rested. I really liked your interview with the Justice. Nice balance you also bring to words, that I mostly find hard to muster.