Saturday 2 June 2012

Threat from Adam Toma National Enforcement Manager ITSA



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I am urgently seeking a copy of the internal procedures manual for Government employees.
I will never reveal who provided me with this if you can give me a copy. Please email me direct!!!!!!!!!!!!!!!!!!!
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 I refer to the following threatening email from the Shonkey National Enforcement Manager from ITSA Adam Toma.
I am still waiting for your threat to come true......................
The Stupid fucks at ITSA use this section to threaten anyone who realizes their intentional misuse  of the Bankruptcy Act
Please take me to court Adam Toma!
I will then be able  to subpoena Commissioner Sedgwick , Karin Fisher, Veronique Ingram, Mark Findlay  Cheryl Cullen  and cross examine them.  I will also have access to the names of the 33 Agency Heads that were referred to the APS Commission in the last financial year. It also will give me access to the documents I have requested under FOI that the Commissioner does not want me to have access to.
Adam, Eat shit
             (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.
             (2)  Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
                     (a)  an employee of the NRS provider; or
                     (b)  an emergency call person; or
                     (c)  an employee of an emergency service organisation; or
                     (d)  an APS employee in the Attorney-General's Department acting as a National Security Hotline call taker.


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.
I will consider any correspondence from you as long as that correspondence is directed solely to me and is posted to my contact details outlined below. It will only be considered if it raises new issues that have not been previously addressed.
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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