From: fionabrown01@hotmail.com
To: adam.toma@itsa.gov.au
Subject: RE: Your Complaint
Date: Sun, 5 Aug 2012 14:37:02 +1000
Dear Mr Toma,
I refer to the following threatening email you sent me in 2009 after Mark Findlay ( Bankruptcy Regulations) covered up misconduct by Florence Choo who he had been fucking. Clearly you would have been aware that this was a conflict of interest. I had also made you aware that Matthew Osborne was giving Legal Advice to Trustee's that s134(3) gives discretion to Trustees to fuck people over.
Under FOI I have requested a copy of ITSA'S investigation policy. This is a requirement under the Financial Management and Accountability Act.
As you have failed to take the action with which you have threatened me with please come KISS MY ARSE!!!
Fiona Brown
Subject: Your Complaint
Date: Wed, 14 Oct 2009 12:51:03 +1100
From: Adam.Toma@itsa.gov.au
To: fionabrown01@hotmail.com
Dear Ms Brown,
I write to you regarding your recent complaint and following discussions with acting Chief Executive Digby Ross with whom you have also been in contact.
I have become aware that in recent correspondence with ITSA you have behaved in an inappropriate manner using offensive language which has been directed at several ITSA staff.
As your inappropriate behaviour is upsetting and disrupting numerous ITSA staff, I have instructed all ITSA personnel as follows:
• Your access to any ITSA premises is hereby revoked. Pursuant to section 12 of the Public Order (Protection of Persons and Property) Act 1971, I hereby advise you that should you attempt to re-enter any ITSA premises, you shall immediately be asked to leave – should you fail to leave, New South Wales Police will be contacted.
• You are also asked to refrain from calling ITSA’s free call (1300) number as all personnel attached to that service have been instructed to terminate any call they receive from you. Should you make contact with ITSA’s 1300 service, ITSA personnel have been directed to advise me accordingly, at which time I shall refer the matter to the appropriate police service.
I would like to bring to your attention the provision of section 474.17 of the Criminal Code Act 1995 (Cth) which provides an offence for using a carriage service to menace, harass or offend.
474.17 Using a carriage service to menace, harass or cause offence
(1) A person is guilty of an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 3 years.
"Carriage service" has the same meaning as in the Telecommunications Act 1997 (Cth) and is broad enough to capture telephone calls, email and SMS. Should you continue your recent behaviour, ITSA may also refer the matter to the Federal Police for action.
I recognise this course of action may be considered harsh, but your repeated behaviour towards ITSA personnel has resulted in me implementing these actions in order to protect ITSA personnel.
I have also had the opportunity to read the response to your complaint provided to you by Mark Findlay (Business Manager, Regulation and Enforcement), detailing his findings. I have discussed the matter at length with Cheryl Cullen (Assistant National Manager, Trustee Services) who has also made enquiries into the issues you've raised on my behalf.
I wish to advise you that I am satisfied with the findings of the report provided to you by Mark Findlay and do not propose to take any further action in regards to the issues you have raised.
As a result, please note that the Official Trustee also does not propose to take any further action in the estate unless there is a significant new development or funds are recovered. In that event the trustee will report to all creditors.
The Official Trustee will also report to all creditors on the final outcome of the offence referral in due course.
If you are unsatisfied with this outcome you may pursue the following options:
Yours sincerely
Adam Toma
National Manager Trustee Services
Insolvency and Trustee Service Australia
Level 16, 300 La Trobe Street, Melbourne Vic 3000
Phone 1300 364 785
Fax (03) 8631 4940
I refer to the following threatening email you sent me in 2009 after Mark Findlay ( Bankruptcy Regulations) covered up misconduct by Florence Choo who he had been fucking. Clearly you would have been aware that this was a conflict of interest. I had also made you aware that Matthew Osborne was giving Legal Advice to Trustee's that s134(3) gives discretion to Trustees to fuck people over.
Under FOI I have requested a copy of ITSA'S investigation policy. This is a requirement under the Financial Management and Accountability Act.
As you have failed to take the action with which you have threatened me with please come KISS MY ARSE!!!
Fiona Brown
Subject: Your Complaint
Date: Wed, 14 Oct 2009 12:51:03 +1100
From: Adam.Toma@itsa.gov.au
To: fionabrown01@hotmail.com
Dear Ms Brown,
I write to you regarding your recent complaint and following discussions with acting Chief Executive Digby Ross with whom you have also been in contact.
I have become aware that in recent correspondence with ITSA you have behaved in an inappropriate manner using offensive language which has been directed at several ITSA staff.
As your inappropriate behaviour is upsetting and disrupting numerous ITSA staff, I have instructed all ITSA personnel as follows:
• Your access to any ITSA premises is hereby revoked. Pursuant to section 12 of the Public Order (Protection of Persons and Property) Act 1971, I hereby advise you that should you attempt to re-enter any ITSA premises, you shall immediately be asked to leave – should you fail to leave, New South Wales Police will be contacted.
• You are also asked to refrain from calling ITSA’s free call (1300) number as all personnel attached to that service have been instructed to terminate any call they receive from you. Should you make contact with ITSA’s 1300 service, ITSA personnel have been directed to advise me accordingly, at which time I shall refer the matter to the appropriate police service.
I would like to bring to your attention the provision of section 474.17 of the Criminal Code Act 1995 (Cth) which provides an offence for using a carriage service to menace, harass or offend.
474.17 Using a carriage service to menace, harass or cause offence
(1) A person is guilty of an offence if:
(a) the person uses a carriage service; and
(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 3 years.
"Carriage service" has the same meaning as in the Telecommunications Act 1997 (Cth) and is broad enough to capture telephone calls, email and SMS. Should you continue your recent behaviour, ITSA may also refer the matter to the Federal Police for action.
I recognise this course of action may be considered harsh, but your repeated behaviour towards ITSA personnel has resulted in me implementing these actions in order to protect ITSA personnel.
I have also had the opportunity to read the response to your complaint provided to you by Mark Findlay (Business Manager, Regulation and Enforcement), detailing his findings. I have discussed the matter at length with Cheryl Cullen (Assistant National Manager, Trustee Services) who has also made enquiries into the issues you've raised on my behalf.
I wish to advise you that I am satisfied with the findings of the report provided to you by Mark Findlay and do not propose to take any further action in regards to the issues you have raised.
As a result, please note that the Official Trustee also does not propose to take any further action in the estate unless there is a significant new development or funds are recovered. In that event the trustee will report to all creditors.
The Official Trustee will also report to all creditors on the final outcome of the offence referral in due course.
If you are unsatisfied with this outcome you may pursue the following options:
- obtain the consent of another trustee to take over administration of the estate;
- make a complaint to the Commonwealth Ombudsman; or
- apply to the Court under sections 178 or 179 of the Bankruptcy Act if you consider you have been affected by a particular act, omission or decision of the trustee (application to the Court must be made within 60 days of the relevant act, omission or decision), or you wish the court to inquire into the conduct of the trustee.
Yours sincerely
Adam Toma
National Manager Trustee Services
Insolvency and Trustee Service Australia
Level 16, 300 La Trobe Street, Melbourne Vic 3000
Phone 1300 364 785
Fax (03) 8631 4940
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