Dealing with ‘The Stupid’

My world has become a dreary monotonous slog. It’s called interacting with the Anti-Discrimination Board (ADB) of New South Wales. You can see how dreary it is by looking at this graphic. It shows all the complaints, tribunal and court matters clogging up the legal system because I dared to think that homosexuality is immoral from the relatively unsafe distance of Queensland.

complaints

 

Please note that this graphic is not up to date either. I’ve just been notified that there are going to be new Tribunal matters by the ADB because, well, the ADB is the puppet that rubber stamps complaints from the most offended man in the world.

Of interest, I draw your attention to the very top blue line. It represents the latest complaint that I have received from the ADB. I received it this week, even though it is all about something that occurred in May 2015. And when I say that it is a complaint from ADB, I mean the ADB. Garry Burns has not lodged anything to generate this new complaint at the top and numbered 2016/0522. This complaint is all due to the work of a conciliation officer at the Temple of Thought Police.

It’s kind of a long story and even I don’t understand it, so I’ll try and keep it simple.

In May 2015 Garry Burns lodged a complaint and you can see it above numbered 2015/0333 somewhere towards the top mess of blue lines.

The ADB has just referred this complaint to the Tribunal. And then, magically, it has resurrected it again under an entirely new number because it reckons that it did not raise the original complaint properly in the first place due to an ‘oversight’. However, like I said, that has not stopped it referring the original complaint on to the Tribunal anyway.

But it now means that I am to be subjected to the exact same complaint all over again, although this time the ADB is pushing the complaint and not Mr Burns. And I have no doubt that the ADB will refer it to the Tribunal all over again and that means I now face two fines of up to $100,000 for the same complaint. To cap it all off, when Garry Burns lodged this complaint against me he actually provided, as evidence, the Facebook post of a woman living in Vietnam. So I face two $100,000 fines because of something someone did on the other side of the world and who I don’t even know.

If that makes any sense to you, please contact me because I am having some difficulty understanding how it all works. However, I suspect the ADB deliberately likes things to be kept this way.

The whole process of dealing with the ADB actually leaves me feeling physically nauseous. The truth is that the Thought Police down there in Rainbow Central make me sick. And that’s the most charitable thing I can say about them. I’ll give you some idea of what I mean.

On 19 September 2016, the Acting President of the ADB wrote to me about this new duplicated complaint, stating:

“If you have any questions, please contact the Acting Manager – Enquiries and Conciliation.”

As you can imagine, I had a question or two. Helpfully, this letter was actually emailed to me by the Acting Manager – Enquiries and Conciliation. Even more helpfully, the Acting President left me the phone number for the Acting Manager – Enquiries and Conciliation. So I rang it and rang it and nothing happened.

Then, on 21 September 2016 the Acting Manager – Enquries and Conciliation wrote to me, stating:

“I wish to advise that I will not be discussing this matter with you by telephone.”

I note, with some admiration for the blithe ease at which the ADB bureaucracy unashamedly contradicts itself, that two days after I received a letter from its exalted leader advising me to ring the Acting Manager – Enquiries and Conciliation with any questions about complaint C2016/0522 that she wrote to inform me that she would not take any calls to discuss this complaint at all. It’s kind of impressive really.

Now, I have named this situation as ‘The Stupid’.

And I have written to the Acting Manager – Enquiries and Conciliation at the ADB about it. Here is part of that letter:

I note that the parties involved in creating The Stupid are the Acting President of the ADB and the Acting Manager – Enquiries and Conciliation at the ADB. Clearly, this creation embodies the spirit of its creators in a most marvellous and profound way. Further, in no way, shape or form am I involved in the creation of The Stupid. However, I am unfortunately sandwiched between all parts of it and I feel like it is slowly eradicating my will to live. Not even beer is doing it for me anymore and flowers wilt when I talk to them about my predicament.

I also hold a great fear that The Stupid will slowly seize control of my sensory faculties and infect my ability to reason. I am greatly concerned that I will end up like both parties involved in its creation, or perhaps as some deranged and dribbling madman chained to a chair at a safe distance for public viewing. I am not sure what outcome is worse.

That being said, the creation of The Stupid has provided me with a valuable insight for which I am thankful. I now understand more clearly the insanity that I have unhappily been thrust into. Accordingly, I will now adjust my responses in order to achieve the best outcome that one might mournfully hope for in the midst of these circumstances. In other words, I will resort to pictures to explain my points.

The good thing about pictures is that they explain at a mere glimpse what 1000 words cannot. Further, even creators of The Stupid can reasonably be expected to grasp their message. So here goes. 

I live in Queensland. Here is a picture of Queensland. It shows my family. You’ll note the smiley faces and instantly realise that this picture was taken before any of them understood the slightest thing about the New South Wales ADB:

smiley-faces

You will notice that Queensland is quite different to New South Wales. Here is a picture of New South Wales, where I don’t live:

nsw

These images give a fairly good understanding of the key generic differences between Queensland and New South Wales. Hopefully, they will provide you with some context as to why Queensland is known for being beautiful one day and perfect the next and why New South Wales is absolutely a place to avoid.

That being said, it did rain in Queensland yesterday. However, I’m pretty sure it was because I was dealing with the ADB. Anyway, I am now going to provide you with some general geographical information that may shed light on the complex jurisdictional problems that the creators of The Stupid grapple with on a daily basis.

Importantly, the New South Wales ADB is represented by this black dot:

adb-black-dot

Here is a map of Queensland with all the known locations of ADB offices within the state shown for easy reference. Normally, this kind of map is effortlessly understood and even most primordial sludge can comprehend its meaning:

qld-1

Just in case you failed to grasp the importance of the above map showing all locations of the ADB in Queensland, I will point out that it shows that the ADB has no presence in Queensland at all. Understandably, this is probably my favourite thing about Queensland.

As the ADB has no presence in Queensland, this map shows all the places in Queensland where the ADB cannot administer the Anti-Discrimination Act (NSW) 1977.

qld-2a

If the above map is a little crowded, the one below may be easier to comprehend. It says basically the same thing by highlighting in bright red all the areas where the Anti-Discrimination Act (NSW) 1977 applies in Queensland:

qld-3

Funnily enough, there are no areas in Queensland where the Thought Police from New South Wales have any power at all.

Now, I don’t want to blow my own trumpet here, but I did point all of this out to the President of the ADB waaaaaaaaay back in late 2014. It seems so long ago now. Maybe it’s because I’ve found it hard to smile for the last 800 odd days and have spent hundreds of thousands of dollars trying to gain the freedom to smile again.

The reason I don’t want to blow my own trumpet is because I am not the only person in the world to have grasped this fact. Indeed, even some of the most brilliant legal minds in New South Wales have as well. For instance, in a ruling handed down by New South Wales’ very own Civil and Administrative Tribunal (NCAT) last year and in relation to those very complaints that I first responded to in 2014, it was stated:

“Accordingly, I hold that, on the unchallenged evidence, there was no public act in NSW by Mr Gaynor which could constitute the unlawful conduct proscribed by s49ZT of the Act. Mr Gaynor has established his entitlement to an order under s102 of the Act as the proceedings before the Tribunal are misconceived.”

That sounds an awful lot like ‘no part of the conduct complained of could amount to a contravention of a provision’ of the Anti-Discrimination Act (NSW) 1977. I just point that out because the President of the ADB has the power to decline a complaint even before it is accepted if it meets that threshold under S.89B of the Anti-Discrimination Act (NSW) 1977. You guys might want to check that section out one day.

However, even though the NCAT has found that my activities occur in Queensland and that the Anti-Discrimination Act (NSW) 1977 does not apply to activities in Queensland, the ADB has, at last count, referred 11 more complaints to the NCAT since that ruling.

I am no cartoonist, but if I was I might draw a cartoon like this to sum up this situation:

cartoon

Hey, maybe I’m kind of a cartoonist after all.

I hope that the creators of The Stupid now have some realisation of why my frustrate-o-meter has been reading ‘nuclear’ for some time. Actually, given that you work at the ADB and are the living embodiment of the bad guys in 1984 it’s much more likely that you already know and simply don’t care. Every time the reading cranks up a notch you probably get nominated for henchwoman of the month. How about easing off and letting the person in charge of disability complaints get a shot at recognition for once?

As one last point before I move onto more serious matters, I noticed that your website has some issues.

For instance, on the ‘Guarantee of Service’ page, there is a link to the policy in regards to putting complaints in about the ADB’s service to its ‘clients’ (I assume I am one of those as there was no section about the ‘great unwashed to be destroyed’). When you click on the link it states, ‘Sorry, something went wrong’. I suggest you get it looked at.

sorry

Actually, on second thoughts, that pretty much sums up my entire experience interacting with the ADB so it should really just be left alone.

I also failed to find any document that accurately details how the ADB does handle communications with ‘respondents’. So I’ve done something up for you here. I hope you find it useful:

chart

I’ll keep you posted as the insanity unfolds…

 

 

Author: Bernard Gaynor

Bernard Gaynor is a married father of seven children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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