You might consider that Education Queensland are abusing Aboriginal employees in using them to conduct such "Internal Reviews".
I discuss the abuse of Education Queensland Aboriginal employees in more detail at http://www.badapplebullies.com/discrimination.htm
The real-life experiences on which these conclusions are based:
I have decided not to disclose the name of the Education Queensland "Internal Reviewer" at this stage.
This should not be interpreted as a suggestion that the Education Queensland "Internal Reviewer" was corrupt.
I had complained to the CMC that:
Thursday 5 February 2004
Eve Gardiner, CMC officer, recorded:
"Rang CP (complainant - me) to advise of determination, however the number CP initially provided is the Lynch-Mob State College,
- the school that I used to work at and where usual principal Mr EL was still working -
(CP has not been there for 2 years)."
Page 5 CMC ACTIVITY REGISTER REPORT M1-03-0035
On February 5 2004 I had not been working at Lynch-Mob State College for a full three years.
I never contacted Eve from the school, nor did I ever ask her to ring me at the school.
I always rang the CMC from home.
If Eve could not catch me on the phone, she could easily have sent me an email.
So why did Eve Gardiner, CMC Officer, ring Lynch-Mob State College on Thursday February 5 2004, two days before the Queensland state election?
Did Eve speak to Lynch-Mob State College usual principal Mr EL - one of the people whose behaviour I was complaining about - before the Freedom of Information (FOI) documents were released to me?
Did this compromise the FOI process?
Saturday 7 February 2004
Was the day of the Queensland State election. Labor were elected to govern Queensland again.
Wednesday 11 February 2004
During the week after the Queensland State election, the CMC handed Education Queensland all of the documents relating to my discrimination complaint.
I would presume that these are the documents in FOI 2606 File E
Documents 2606 E 230-232 are Matters Assessed 9M1-03-0035
This file contains my complaint about discrimination on the grounds of political belief, etc.
So Education Queensland officers had the opportunity to read my CMC discrimination complaint before they provided me with the FOI documents.
This seems to have compromised the FOI process.
Wednesday 18 February 2004
11:02AM
I emailed Anna Bligh.
I copied the email to -
"Dear Ms Bligh,
I understand that the CMC have sent my complaint to EQ for investigation.
Obviously this is a bit tricky as it is the behaviour of ... senior EQ officers that I am complaining about.
How do you intend dealing with this?
I am a bit tired of people investigating their own behaviour and finding themselves innocent. ..."
26 February 2004
Scott Smith, Departmental Liason Officer, Office of the Minister of Education wrote to me -
" ...The Minister for Education and Minister for the Arts, Anna Bligh MP, has asked me to respond to your letter (actually it was an email) of 18 February concerning workplace bullying.
The Minister acknowledges the points made in your letter, however she is not able to intervene in departmental staffing issues.
These issues fall under the responsibility of the Director-General of Education and the Arts, Mr Ken Smith.
The Minister has asked me to forward your letter to the Director-General for his information and direct reply.
The Minister thanks you for bringing this issue to her attention. ... "
23 March 2004
I had made a Freedom of Information (FOI) application for the documents that explained the "secret reason" why Lynch-Mob State College acting principal Mrs GR, acting deputy principal Miss AL and usual principal EL had agreed, on 29 November 2000 that
"the (Diminished Workplace Performance [DWP]) process is warranted"
and that I would be on DWP in 2001.
Stephannie Kalas wrote to me, telling me of her "decision".
Her letter and the documents that she had allowed me "access" to were mailed to me on 25 March 2004.
Friday 26 March 2004
11:12 AM: Stephannie's FOI 2421 "decision" had arrived.
I emailed David Turner:
" David, I notice that document (2421 F) 61 appears to be a falsification.
By this I mean that it was never given to me.
What should I do about falsified documents?
Who should I report this to? "
As the 2421 documents were gradually released to me after 26 March 2004, I began to realise that a mass of falsified documents had been secretly placed on my official record in breach of Natural Justice, the Public Service Regulations, the Education Queensland Code of Conduct and the Education Queensland DWP policy.
For details of how these 2421 documents had been falsified, please refer to: http://www.badapplebullies.com/thefalsifiedrecords.htm
11:18 AM I emailed the QTU qtu@qtu.asn.au -
" Hello QTU,
I have received a few FOI documents relating to the victimisation, discrimination, stalking, harassment, bullying, mobbing, etc. that I suffered at Lynch-Mob State College.
I can see right away that one document has been falsified.
By this I mean that it was never given to me (Document )063 (should be 061).
What should I do about this sort of falsified evidence?
Who do I report it to?
I am a financial member of the QTU. ... "
I rang the office of my local member.
I rang the QTU and asked for advice.
What could I do about falsified evidence?
I explained that in the FOI documents I had found one falsified document and one letter from a parent that I was not told about.
I was advised to ring back on Monday 29 March and talk to Fiona MacNamara.
I rang Stephannie Kalas to ask the same question. I was told that Stephannie would ring back on Monday.
3:00 PM
I emailed Stephannie Kalas and copied the email to David Turner:
" Stephannie,
I notice that in File F 56 there is a note from a parent.
You have denied access to it because you state that it deals with a grievance process that I was involved with.
I was not told that a parent had complained / asked for their child to be withdrawn from LOTE.
I was never shown this letter.
In what sense was it part of the grievance process?
Were you under the impression that I had been told about this letter? "
4:21 PM
An unnamed person from EXECLEGL tried to email a letter to me.
" ... If you are still unable to open the attachment please let me know by return email and I will post the original signed letter. ..."
8:47 PM
I replied to this email, as requested.
I was attacked by a backdoor subseven trojan horse - it came from computer 211 243 9 138 3586
The letter was from Neil Whittaker, Assistant Director-General, Shared Services, Office of the Director-General -
" ... The Minister for Education and the Arts, Anna Bligh MP asked the Director-General of Education and the Arts to reply to your email received on 19 February 2004.
The Director-General has asked me to respond to you on his behalf. ...
I understand you have lodged a complaint with the Crime and Misconduct Commission regarding your employment issues with Education Queensland and that these issues will be investigated in due course. ..."
" ... As previously advised, Education Queensland will not be corresponding with you any further in regard to the employment matters you have raised. ... "
So the answer to my question that day to Stephannie Kalas and to the QTU -
"What should I do about falsified documents?
Who should I report this to?"
Was - nobody.
Nobody in Education Queensland was going to read my letters complaining that a mass of falsified documents had been secretly placed on my Education Queensland record.
And nobody was going to take responsibility for doing anything about the falsified documents.
Tuesday 30 March 2004
9:03am
Ken Smith emailed me:
" ... I have been advised by the department's CMC liaison officer that the CMC has provided the department with details of your complaint against various departmental officers.
Copies of the folders you have provided have been delivered to the department by the CMC.
The information you have provided is being independently reviewed and the department will respond to the CMC in due course. ... "
13 April, 2004
I wrote to the Education Queensland Human Rights and Equal Opportunity-trained "Discrimination Solicitor" who was conducting the "Internal Review" of my FOI application, explaining that a huge number of the documents on my files must be falsified.
Most of the 63 documents in File F had been refused to me by Stephannie Kalas, the Education Queensland FOI Officer, on 23 March 2004 because -
"these documents deal with the grievance process you were involved with ..."
Letter to me dated 23 March 2004
- but I protested that the documents had not been shown to me or discussed with me during usual principal EL's investigation into my Stage 1 Grievance about Mrs GR's abuse of the DWP.
The Education Queensland Human Rights and Equal Opportunity-trained "Discrimination Solicitor" obviously read my detailed letter with care and made notes on my comments.
He wrote "IR" on pages 2646-2648, the pages in which I discussed File F.
340/5/1295 documents 2640 - 2652, released to me for the first time after 12 June 2008.
22 April 2004
9:20 AM
The "internal Reviewer" emailed Keith Hynes.
"1. Yes, I would like the url link for the CMC investigation guidelines.
2. (My name) - slow - need to set a delivery date - how about we have an update on 30 April with a view to me concluding the week after."
9:24 AM
Keith Hynes emailed the "Internal Reviewer" .
" www.cmc.qld.gov.au/FACINGTHEFACTS.HTML
2. (My name) date is fine. "
So, at this stage the "Internal Reviewer" and Keith Hynes both seem to have considered that he was conducting an investigation, in the CMC sense.
And they expected that he would be finished by 7 May 2004.
12 July 2004
The Education Queensland Human Rights and Equal Opportunity-trained "Discrimination Solicitor" sent me the first FOI 2469 documents.
2469 File C The District Office began with a sticky-note:
"Jenny,
Would you file this please.
This is the "lost" info from Employee Relations in CO.
Thanks
District office Employee Mrs GN."
Documents 72 - 90 in 2469 File C are pages 11-29 of my August 31 2001 Stage 2 Grievance to the Director-General concerning the systemic abuse of the Education Queensland DWP and Grievance policies to bully Queensland teachers into ill health and out of work.
My two-page cover letter and the first ten pages of my Stage 2 Grievance are missing.
The documents before page 11 of my Grievance, documents 91 and 92 are handwritten notes:
"A) Interim response re bullying?
DOS
1) get back to her - what does she really want, & what are her expected outcomes?
2) Systemic approach good and bad things about DWP Process.
3) Investigating claims - role of School Ops??
4) District Performance Measurement officers.
5) District level
6) Statement re abuse of DWP - vexacious complaints.
7) Senior officers and Union people - what are problems with DWP.
8) Ch protects rights of ees
9) Hold Principal & DOS accountable for grievances - people must get natural justice.
ADG (School Ops)"
Which suggests that, at some time between 31 August 2001 and 12 July 2004, a senior Education Queensland officer, possibly the Assistant Director-General School Operations, knew that -
Which raises the Question-
Thursday 29 July 2004
11:16 AM
I emailed the "Internal Reviewer":
"Subject: I would appreciate your assurance that you will be able to conduct an independent and impartial investigation.
Hello (name of "Internal Reviewer"),
You will have been told that I tried to contact you by phone a few times this morning.
I undersand that you are the independent investigator investigating my complaint about workplace bullying, etc.
I realised a couple of days ago that you are actually an EQ employee.
In what sense would you consider that you are able to be "independent".
If you wrote a report that was critical of the EQ grievance process or of EQ officers, do you think that you would be supported - or would you fear payback?
Who has told you that they will support you if you investigate impartially?
... I believed Ken Smith when he told me he had commissioned an independent investigation.
I would like to believe that he will support you if you investigate impartially and if you tell the truth about the situation. ...
(my name)
340/5/1295 document 2712-2713
Friday 30 July 2004
4:48 PM
The "Internal Reviewer" emailed me:
"Good afternoon (my name).
I understand and appreciate the reason for your enquiries.
I referred your email to John Ryan for discussion on 29 instant.
We have not met yet.
Hope to do so on Monday.
best regards,
(Name of 'Internal Reviewer')"
340/5/1295 document 2712
Monday 2 August 2004
4:30 PM
I emailed the Internal Reviewer.
"Subject: Response to FOI Application 2469 J 180-182
Hello Mr (name of reviewer),
I have just finished a response to FOI application 2469 J 180-182.
2469 J 180-182 Briefing Note Minister of Education by District Officer Ms CHR dated 8 August 2003
This was an official report written by an earlier 'investigator'.
(My name.)"
340/5/1295 document 2711
District Officer Mrs CHR was the person who had written
2469 J 180-182 Briefing Note Minister of Education dated 8 August 2003
Many decisions made by other Education Queensland officers seem to have been based on this Briefing Note, in which Ms CHR does not reveal -
4:53 PM
the "Internal Reviewer" emailed me.
"Thank you (my name).
regards
(name of "internal Reviewer")"
340/5/1295 document 2711
10 August 2004
John Ryan noted in his diary:
"Mat Woodforth (FOI) has (my name) file - call from District Office Employee Ms CHR."
340/5/1295 Document 5012 attached to letter to me from Education Queensland dated 9 January, 2009.
Mrs CHR was the person who had written the
2469 J 180-182 Briefing Note Minister of Education dated 8 August 2003
that I had sent the "Internal Reviewer" a response to eight days earlier.
Monday 16 August 2004
Eve Gardiner , CMC officer, rang John Ryan about my "case".
340/5/1295 document 5452
Tuesday 17 August 2004
Eve Gardiner, CMC officer, and John Ryan discussed my complaint that my official records had been extensively falsified:
"told Eve would be finalised by 25/28 August 2004."
340/5/1295 document 5453
So, on 17 August 2004 Eve Gardiner believed that Education Queensland were investigating the falsification of my documents - which they were not - and that the investigation report would be ready in a week.
2 September 2004
Eve Gardiner, CMC oficer, rang John Ryan again concerning my case.
She asked him for a status report.
340/5/1295 document 5454
7 September 2004
11:42 AM
The "Internal Reviewer" emailed John Ryan.
John,
... I have decided to split the two CMC complaints and finalise the one alleging with (sic) falsification of records until after I resume the week beginning 4 october.
I will provide you with a report on the other COB tomorrow.
regards
(name)
The "Internal Reviewer" seems to have
"provided John Ryan with an incomplete, work-in-progress, copy of the my (sic) work to date on or around 8 September 2004 ..."
unsigned statutory declaration 340/5/1295 document 4687
19 October 2004
The "Internal Reviewer" seems to have overwritten the work-in-progress version of his "Internal Review" and emailed his report to John Ryan on 19 October 2004.
The report was dated 11 October 2004.
unsigned statutory declaration 340/5/1295 document 4687
Saturday 23 October 2004
1:33 PM
I emailed the "Internal Reviewer".
"Hello (name).
I thought I would like to clarify some points with you concerning your investigation.
I was asked not to contact you but as the people you are investigating are freely communicating with you and appear to be discussing your draft report with you, I suppose that I can communicate with you also."
I asked if he had received copies of various documents that I had written.
340/5/1295 document 5280
Monday 25 October 2004
5:07 PM
The "Internal Reviewer" emailed John Ryan.
Not me, John Ryan.
"Good afternoon (my name),
I feel I need to introduce myself. I identify as an Aboriginal ... I like to believe I am an honest and fair person.
I was asked to review all available documentation, including the below.
I was asked to review your allegations arising from the performance management and grievance processes, and not to undertake an investigation involving witness interviews,etc.
In terms of the "review" scope, I did not interview you or the people mentioned.
I assume the CMC agreed with this "scope".
... In terms of the review, I confirm that i have been responsible to John Ryan, in his capacity as Director, Workforce Standards and Performance.
I provided John with verbal updates on progress and he read a "work in progress" and draft report.
(Name), I assure you that John Ryan nor anyone else has influenced the content of my report.
I am my own person!'
This rather nice stylistic touch demonstrates that the "Internal Reviewer" has not been educated in the common mode.
He uses language in an interesting way.
But is the "Internal Reviewer" right when he claims that he is "his own person"?
Why is he did he send this letter to John Ryan instead of me?
The Director-General currently has my 'unsigned' report.
I generally don't sign reports until I have adequately proof read the report.
I will ascertain the processes for getting the report to you either via the Department or the CMC.
Take care (my name)
(His name).
340/5/1295 document 5280
All District Office and Head Office public servants appear to be charming and sincere, even when they are "turning a blind eye".
But this letter does seem to suggest a real sincerity.
Wednesday 27 October 2004
8:ll AM
The "Internal Reviewer" emailed me.
"Good morning (my name).
I have the documentation.
I note other matters you have raised over the last couple of days.
I believe you will receive a response.
best regards
(Name of Internal Reviewer)"
340/5/1295 document 2710
This was the third email that I received from the "Internal Reviewer" during the six months that he had been "reviewing" my complaint.
Note how short, impersonal and vague a response this emailed is to my questions.
Notice how different this email is in style from the letter.
As if the letter and the email were written by two different people.
If the letter is a genuine document, I can only presume that John Ryan had told the Aboriginal "Internal Reviewer" that he could not send me his letter.
And that John Ryan may, in fact, have written the email for the Aboriginal "Internal Reviwer" to send to me.
Wednesday 22 December 2004
17 March 2005
5:15 PM the "Internal Reviewer" emailed the Human Rights and Equal Opportunity-trained Education Queensland "Discrimination Solicitor":
"(name of HREOC-trained Education Queensland "Discrimination Solicitor")
Number 3 e-mail.
...This is the extent of my emails to (my name)."
340/5/1295 document 2710
Tuesday 12 April 2005
10:00 AM : Education Queensland officers and CMC officers had a "Monthly Liaison Meeting".
Russell Pearce, Linda Trewin, Jeffrey Farrah and Kathy Munro represented the CMC.
John Ryan, Peter Edwards and Kim Newman represented Education Queensland.
"Matters for discussion:
4. (My name) - MI-03-0035 & MI-04-1824 (John Ryan)"
I presume this means that my "case" was being managed by John Ryan.
I presume that these hand-written notes were written by Kim Newman:
"(my name) - grievance history - ill health retired for ... issue.
EQ did a review ..."
"... CMC given copy of review at December meeting.
2703 File G Workforce Standards and Performance Unit documents 6-8 contained in 2875 File C Legal and Administrative Law Branch documents 89-91, released to me for the first time after 11 October 2006.
This correct.
I am "upset" because -
The next eight pages of my Grievance seem to have been totally "lost".
The remaining 18 pages of my Grievance seem to have been jumbled into a different file ( documents 72-90 in 2469 File C ) in a different place - at the District Office.
This Education Queensland "concealing, losing and jumbling" process would have made it very, very difficult for the "Internal Reviewer" to understand my complaint.
This created the false impression that these falsified "records" had been discussed with me during the Stage 1 Grievance process.
He just copied from the falsified "records".
"... CMC handed letter emailed to (my name) yesterday & will send copy to her by mail.
NFC (no further concern, I presume) about any matters except falsification of records - RP urged EQ to take same stance. ..."
" ... CMC to send copy of letter to DG. ..."
2703 File G Workforce Standards and Performance Unit documents 6-8 contained in 2875 File C Legal and Administrative Law Branch documents 89-91, released to me for the first time after 11 October 2006.
Wednesday 30 August 2006
9:47 AM
Matt Woodforth, Education Queensland FOI officer, emailed the "Internal Reviewer".
"... with regards to the various versions that we have received I think you would be best speaking with Andrew Smith as he has been dealing with the issues concerning the various versions of the report. ..."
340/5/1295 document 5354
So, by 30 August 2006, there seem to have been various versions of the "Internal Review".
And copies of these "various versions" were being held by Andrew Smith, an Education Queensland FOI officer.
I have made FOI applications for these "various versions" of the "Internal Review".
But to this date, 24 November 2009, I have only been allowed to read one copy of the "various versions" - the unsigned copy (that seems to be the copy) that was handed to the CMC.
Who actually wrote the version of the "Internal Review" that was handed to the CMC?
Could the person who wrote the "letter to me" dated 25 October 2004 really be the same person who wrote the "Internal Review"?
To me the two documents do not seem to be written by the same author.
Which would explain why the Aboriginal "Internal Reviewer" never signed the "Internal Review".