One of many follow ups to the fallout of the No Jab No Pay laws

I just received permission to share this letter. It was sent to Centrelink in response to the letters they sending to him warning that they would be cutting off of his child’s childcare payments.

“Referring to your letter which advises us that our Childcare Benefit payments will be stopped due to the recent No Jab No Pay legislation, I wish to make a formal complaint on the following basis.
https://www.humanrights.gov.au/about/what-are-human-rights

“The Australian Government has agreed to uphold and respect many of these human rights treaties including the:
…Convention on the Rights of the Child”
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

This convention states:

“Article 2.2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.” – which includes our refusal to concent to vaccinating them. However, they will now be excluded from childcare on that basis.

“Article 24 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;” – given that it has been shown that infant mortality rates increase in direct proportion to vaccination rates http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3170075/

This policy does exactly the opposite.

The No Jab No Pay policy is a tool to financially coerce parents into vaccinating. However, according to the Australian Immunisation Handbook
http://www.immunise.health.gov.au/…/Handbook10-home…

“For consent to be legally valid, the following elements must be present:

2. It must be given voluntarily in the absence of undue pressure, coercion or manipulation.”

In other words, even if we do consent – this consent will be legally invalid, in which case the administration of a medical procedure would be either trespass or civil assault as per The Queensland Criminal Code s.245.

Further, my child will be denied a benefit based on her medical status – the percieved probability of her getting sick with a “vaccine preventable disease”. This goes against the
Disability Discrimination Act as explained here:
https://www.humanrights.gov.au/…/brief-guide-disability…

“Who does the D.D.A. protect?
The definition of “disability” in the DDA includes:
– The presence in the body of disease-causing organisms.”
“The DDA covers a disability which people:
– May have in the future
– Are believed to have”

In other words, you are not allowed to discriminate people who ARE sick, who MAY BECOME sick, or YOU JUST THINK MAY BECOME sick – which is the case.

If your answer to the violation of the Convention on the Rights of the Child above is that you punish not the child but the parents, then the Disability Discrimination Act has this to say:

“The DDA also protects people who have some form of personal connection with a person with a disability like relatives, friends, carers and co-workers if they are discriminated against because of that connection or relationship.”

Therefore, I am wrongfully being denied my childcare payments and would like to lodge a formal complaint and an appeal against this decision.

Yours faithfully….”

The parent who wrote this letter received a phone call from Centrelink and a promise that his letter would be sent on to politicians. Yes, I understand that this is not the ideal outcome that we would want but if enough people do it then it just may have an affect.

There is also more information in his submission in to the No Jab No Pay Senate Inquiry

Here is the link to the Centrelink reviews and appeals department

Reviews and appeals

If you do not agree with a decision about your entitlements, you have the right to ask for a review of the decision.

Asking for a review of a decision

You can ask for a review of a decision about your payments and rebates, or a child support assessment, by writing to, calling or visiting one of our service centres.

We do not discriminate against customers who exercise their right of appeal.

Read more about:

Feedback and complaints

You can give us feedback or make a complaint without going through the review and appeal process.

Read more about feedback and complaints

Claiming compensation from us

If you think we have made a mistake that has caused you a financial loss or other detriment, you may be able to claim compensation.

We do not discriminate against customers who claim compensation.

Read more about claiming compensation from us.

If you receive any letters of response please send them to me without any identifying information and I will share them anonymously.

 

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6 thoughts on “One of many follow ups to the fallout of the No Jab No Pay laws

  1. Pingback: No Jab, No Pay/Play – implications for families presently holding a conscientious objection in Australia | Poly Mum of eight

  2. Do you know if the payments are still continuing while the review is taking place?
    And can his child still attend daycare / kinder in the mean time?
    I wonder if ANYONE has been successful in retaining FTB / CCB using this clause in the AIH..

    • Hi Nay,

      There are definitely people still receiving payments at the moment while the ACIR database is updated, but I have yet to hear of any successful attempts at retaining their CCB/R or family tax benefit A supplement payment. It is only early times yet and we need to keep trying from many different angles so that they realise that we will not give in to their blackmail.

  3. I am wondering if I would still get my parental paid leave if not vaccinating? And if it’s just child care rebate that I will miss out on?
    Thank you πŸ™‚

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