Monthly Mailbag – November 2015

By Eastern Suburbs Residents on November 5, 2015 in Other

ALWAYS BOO MERINGUE
When the Escoffier Brothers visited Australia, they visited the La Perouse Aboriginal settlement and decided to demonstrate some of their French cuisine to the local community. Interviewed afterwards, one of the brothers was asked what the locals thought of their French delicacies. The world famous French chef replied, “They did not like the meringues, and they threw them back at us. Yes, they liked the duck, but on our second visit they threw the meringues back at us. Apparently, they always boo meringue!”

Bastian Sleffur

NOT SO DISGRACEFUL STAR SIGNS
Danielle, who claimed last month that The Beast’s star signs are disgraceful (Letters, October 2015), please let in a little sense of humour. Too much of life is bogged down with all sorts of serious issues. Let there be room for a little naughtiness and a good guffaw.

Pancho, Coogee

BEARDY FROM HELL RULES
Love it… the best astrology column ever!

Chaya, Bondi Junction

DISCRIMINATION IS ILLEGAL
Dear Editors,

This is about The Beast’s star signs on page 96 of the October 2015 of the magazine (Beardy From Hell, October 2015) edition. I was offended by the following words that The Beast published under Sagittarius:

“Adopt a position and stick with it. Wanting the best of both worlds is the equivalent of ploughing a tranny.”

This could be seen to be fostering transphobia. Transphobia refers to ‘discrimination, prejudice, violence or harassment that is perpetrated on a person because of their transgender, gender questioning or gender diverse identity and /or expression. It is a crime under NSW anti-discrimination law’ – Transgender Anti-Violence Project from Gender Centre Website.

And further, I was offended by the following that The Beast published, under the star sign Aries:

“If you don’t get a plough soon your junk is going to dry up and wither like a worm on hot concrete, so use it or lose it.”
No, I don’t think this is smart. N, I don’t think this is funny.

Yes, I do think these words are misogynist, unacceptable, sexist, transphobic, discriminatory and demeaning. With domestic violence at the centre of debate in Australia, and mainly women and children being killed in DV by partners and ex-partners, in my opinion the writer of this star sign column and indeed the editors of The Beast are colluding in the strategies of power and sense of entitlement and prejudice that can create unsafe and indeed sometimes life-threatening environments for family violence and violence in general.

I did not read the September issue of The Beast, but note that in this October issue, in the ‘Monthly Mailbag’ section, a letter titled ‘Disgraceful Star Signs’ states, “The language used is really inappropriate and the reference to racism unacceptable”.

I consider the publication of this column by The Beast (in the current October Edition) to be totally unacceptable and offensive, and I would hope that advertisers who are currently advertising in The Beast may reconsider their client relationship with this publication.

Meredith Clark, Coogee

THE ATO IS ABOVE GOVERNANCE
A letter in The Beast (Letters, October 2015) underscores just how flaccid and inappropriate our elected representatives are. It is unsurprising that no-one answers the phones at Treasury (or any other ministerial office) on a Sunday, but that is not the crux of the problem. It is unsurprising that certain sectors of the community, especially the senior bureaucrats (‘public servants’), feel that they are Teflon coated. Because they are.

I have made representations to the Treasurer, the Assistant Treasurer, the Prime Minister, the Attorney General, virtually all of the senators and other House of Reps MPs. I have submitted to parliamentary committees, and regardless of whether I speak to the pollies’ minions (strictly on weekdays and strictly during business hours) or whether I submit letters (and not always rely upon emails), virtually none of these people reply to me. I have issues with the way that the public service agency known as ‘the ATO’ acts illegally, with misfeasance and with conscious maladministration.

‘If’ any of these elected representatives do reply to me, they say that ‘the ATO’ has told them that they have done no wrong, ’thank you’ for your letter and there is ‘nothing more we can do’. According to my understanding, the government runs the ATO, not the other way around. The ATO is above governance, and no politician will interfere with its activities.

Many innocent people commit suicide (I know of three) after being bullied, harassed and threatened by the ATO, let alone having money and property seized when the taxpayer did not owe the amounts claimed. Some feel that they cannot face their families any more. The government is presently spending a bucket load of your money to ‘raise awareness’ of suicide, but does nothing to stop people being so aggrieved by the government’s wrongful and bullying actions that they feel that suicide is the only relief. Nor do they implement proper and affordable treatment strategies. Apparently one in five Australians suffers from a mental injury. It costs the economy billions per year. Are any politicians willing to fix this? Between just two colleagues, 120 people are out of work after the ATO shut them down. No tax was owed by these colleagues.

My local member, Malcolm, states publicly that his “electoral office door is open to any constituents who have federal issues” (like these above). Yes, during business hours (but not on weekends), you can indeed enter the Edgecliff chambers, but this is very different from Malcolm meeting you to discuss these issues. I have tried for over five years. No meeting.

I do not have an issue with legitimate taxation, but I do have issues with the ATO, which is now bankrupting about 500 businesses a month – double the amount from the previous year.

I’m reading in the media that the threshold for wind-ups has been lowered from $600,000 to $30,000. Last month, when parliament asked Chris Jordan what the threshold was, he replied, “I don’t know”. Whilst it may be that these businesses are already in trouble, for every wind up another four businesses are affected. The government should be assisting, not decimating.

Should you contemplate any action to challenge the illegality, the misfeasance, the bullying or the conscious maladministration, the ATO’s barristers will tell you that as the ATO ‘has no duty of care’ to any taxpayer, ‘you cannot win’ such a challenge. There are no ‘taxpayer’s rights’ in Australia, and the word ‘rights’ in the Taxpayer’s Charter has no legal ramifications. Any submissions for compensation are solely assessed by the ATO, and it has no obligation to pay you anything, no matter how wrong it is or how much it has cost you. It is up to its ‘discretionary’ powers.

You cannot take the ATO to court for any illegal actions; this must be done by the federal police et al. In the last few years, the ATO has spent about $106 million per annum on ‘legal fees’ (the highest spending government agency) and the bulk goes to pay private lawyers. Should you choose to take the ATO to court over your matters, it will ‘vigorously oppose’ such actions, and it has no apparent limit on how much public money it spends on its legal cases, and it will take the matter to the High Court to continue the bullying, yet it has not won a case there since 2008. The ATO spends your money ‘because it can’, and no politician will interfere. Chris Jordan told Ray Hadley recently that he tells his daughters to “stand up” to bullying, and he says that the “tax office will not be bullied”.

The ATO is meant to be a Model Litigant that do not take advantage of weakened claimants (bullying and much worse), but it does so with impunity, regularly, and the Attorney General says ‘go tell the ATO’ if you have a problem with that. Not only does the ATO fracture innocent taxpayers, and decimate families and businesses, but internally it is in disarray with bullying, mobbing, sending whistle-blowers off for ‘psychiatric assessments’, and even anti-Semitism. It issues ‘deeds’ of silence to ensure that any settlement with a taxpayer cannot be made public, so the issues are kept secret.

The ATO’s internet portals are a disgrace. ‘Try again next month’. Did you need a refund to pay an urgent debt? So what! You owe tax to the ATO? You pay interest and penalties even if you are a day overdue. Has the ATO acted improperly towards you, or illegally charged you money? Taken your property? Well, any compensation is purely ‘discretionary’, let alone no ‘penalties and interest’ paid to you for its wrongdoing.

One taxpayer had her super fund illegally taken to court by the ATO, and was ordered to pay another super fund member money. The person to whom the court ordered payment was a known criminal who owed the ATO money. The ATO admitted to her that it acted illegally in taking her super fund to court. She asked the ATO, “What are you going to do about it?” Its response was, “What are YOU going to do about it?” And this taxpayer may shortly be jailed as a consequence of all this. Teflon coated indeed.

If you are the wronged party, you pay for the legal challenges, using as much money and time as it takes you, whilst the ATO staff (public servants) responsible for your detriment are salaried, promoted and superannuated (via public, taxpayer moneys) for their actions, and the lawyers they engage are also paid handsomely for their efforts. In trying to gain compensation for my matters, the ATO has so far spent over $600,000 on ‘legal fees’ (public money) and to date, I have received $0, although it admits to its ‘defective administration’ and making tax overcharges in excess of $400,000 (I was owed a refund, and not liable for the tax, or for the GST that they charged). My case is now eight years long. If I live to 80, I have spent one tenth of my life attempting to gain justice from these public servants (and from the politicians, our elected representatives). Not a single one of them is ‘out of pocket’, and their insurer, ‘Comcover’, is paid premiums from the public purse.

The ATO admitted to the Senate in 2013 that its staff aspiration is, “Objections to our SM&E audit and interpretation positions are successfully upheld in favour of the taxpayer, in part, or full, in less than 20 percent of cases” (this, of course, can be regardless of merit, facts, or the correct tax laws). I quote further from the ATO document: “Mainly to ensure that disputes are resolved as close to the original decision as possible, or even before the decision is made”. So, you were right, but you fell into the 80 percent ‘fail’ basket. You wanted to have your matter actually assessed? Well, no, the ATO may stick with the original wrongful decision without actually reviewing it. I asked Second Commissioner Andrew Mills about this staff directive, but he replied that he was not aware of it. The Deputy Inspector General of Taxation tells me that he would personally not start a company in Australia because of “red tape and the ATO”.

Australia, I suggest that you ‘do not have a go’. Your taxes at work, folks, and no politician will touch it, let alone on a Sunday.

Gary Kurzer, Bondi

MAN UP AUSTRALIA
I read The Beast’s October comments about gun ownership in the Eastern Suburbs. Jeez, Australia, wake up! This is the twenty-first century; guns are so last century. Every home needs some ICBMs (or whatever they call ’em these days) and some big bazookas. I’m not sure if I’ve got my wires crossed on big bazookas (or maybe that is some other personal necessity that people want these days)?

And four-wheel drives in the ‘burbs? Man up Australia; we need tanks! Big, rumbling, hulking, camouflage liveried, triple parking spot tanks! They need 200mm cannons and five seats in the back, and a flame-thrower to put any pooncey Weber to shame. That’ll show your neighbours just what you think of their new ‘black is the new black’ SUV and six-burner barbie. When the parking officer turns up, point that baby at the miscreant and say, “You and what army!?” You’ll never miss a parking spot again, and 4WDs will let you cut in with a polite smile and a wave of the hand. You’ll be granted a VIP pass to Westfield’s closest spots to the escalators; otherwise you will ‘escalate’ yourself.

No wonder we are the laughing stock of the developed nations. Keep up or perish!

Chopper Rabbett, Bondi

THE ARCHIBALD WINE PROJECT
I was re-reading September’s issue just this morning, and noticed Alex Russell’s article regarding Chapel Hill. I grew up in the McLaren Vale region and have family there. I was delighted to see the old Chapel Hill photo, depicting some friends of mine. I’d guess it was taken five years ago. The bloke standing third from left is Michael ‘Mick’ Craven, and the bird on the stool in front of him is now his wife, Jeanine. They now live in South Africa, where she is from, and both are winemakers. The bloke fourth from right, standing and wearing the white t-shirt, is Todd Baldwin. Last I heard, Todd was living in the Northern Rivers region of NSW, I think working for the NSW Business Chamber. They will enjoy seeing their mug in the Eastern Suburbs publication I’m sure!

In 2008, I was working as a cellar hand around the corner at d’Arenberg. I was living on McMurtrie Road at my old man’s place at Hugh Hamilton Wines. I recall the Wirra Wirra incident well. Throughout the vintage, their tall standing fermenters were clearly visible. You could see them at night as well, because the night shift staff were working and had all the lights on. It was obviously a different vista the day after the incident, and the winery looked half the size. That was because these fermenters were standing prominently high on a rise.

Jock Hamilton

TURF OUT THE CARP
Dear Beast,

Against all odds or good-hearted comments, I personally believe that the carp is not a fish to be kept anywhere in the Australian lakes, ponds or river systems. It is an introduced species from Europe where the running rivers, icy temperatures in winter and the hot weather in summer naturally control the carp population.

It is a bottom feeder for weed roots, good algae drop-offs, and uses its shaped mouth to stir up the bottom of the lakes and river beds for molecular food. The sediments created in our waterways are naturally settled. It is a good fertiliser, but not a fish to keep or eat. The carp destroys our native fish eggs, because its snout churns up river and lake beds where these eggs are laid. Wherever they are they cause dire consequences for the native fish.

So if anybody wants to fish for carp in Centennial Park, good on them. The less there are the better for our native fish and for the natural ground sediment. We have swans and eels, western swamp chicks, geese, pelicans and many other water birds that can take care of our environment without the carp.

I would get rid of them nationally the sooner the better. They have very muddy meat and very fine fish bones.

Thomas Sinclair, Bondi Junction

SHUT UP ON A SUNDAY MORNING, COUNCIL
They’ve let them do it again! Once more, Randwick Council has allowed the use of a public address system on Coogee Beach at 8.30am on a Sunday morning. Once again, over 14,000 residents were disturbed, woken, angered, and their ‘peace and amenity’ deprived, just so about 200 people can play beach soccer. When will they realise that the compact size and amphitheatre geography of Coogee (as opposed to Bondi or Maroubra) produces this at least 70:1 ratio of those who don’t want to hear three hours of inane, nasal shouting into a microphone, to those who do?

I would consider someone repeatedly shouting at me through every room in my house a case of ‘common assault’, but it’s no good calling the police because it was them behind the microphone on Sunday, September 27!

Peter, Coogee

GET YOUR WEST FACTS RIGHT, PEARL
Oh dear Pearl, anyone with any familiarity with the Penrith area would know that the self-deprecating term is ‘the Riff’, not ‘the Rith’. We enjoy Pearl’s musings about the foibles of the Eastern Suburbs. Her most recent column was no exception. What a pity that she couldn’t help but make some derogatory anti-Westie references regarding drug crime. The statistics readily available on the Internet regarding drug offence incidents in the 12 months to June 2015 are interesting. The offence rate per 100,000 population in the Penrith LGA was 722.7 (with a state average of 742.5). The Waverley LGA excelled with 1196.9!

It would seem it is a bit too late for Pearl to advise, “Darlings, leave the drug dealing to the people of the Western Suburbs”. This sort of condescending elitist inference is simply nasty. Those of us who have and still do work and live in the west as well as the east find the idea that one part of Sydney, and by inference its inhabitants, is somehow ‘better’ than the other, misguided and foolish.

Peter and Colleen Johnson, Bondi

RANDWICK LOSING OUT TO WAVERLEY COUNCIL
Dear ratepayers of Randwick,

You might want to consider what you are getting yourselves into with this current Waverley/Randwick Council amalgamation push. Just one example: consider the proposed underground car park at Bondi Beach currently being championed by Waverley’s Liberal dominated council. Comprehensively rejected by the community in Waverley Council’s most recent resident survey, this wacky project aims to replace the current car park with another car park, only with 135 fewer parking spaces, with reduced user amenity and at extravagant cost.

Don’t presume that you guys will automatically be eligible for an annual beach pass, either. If this strikes you as being a bad deal for Randwick residents, you’re not alone. We’re not happy about it here either. You may also want to look into why Woollahra’s Liberal council doesn’t want to know about Waverley’s Liberal council, and is fighting tooth and nail to avoid being amalgamated with it. Think long and hard before you allow your council’s resources to be plundered to pay for ‘boutique’ Waverley white elephant projects that will have no benefit for Randwick ratepayers.

Andrew Worssam, No Underground Car Park for Bondi Beach