Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra, ACT, 2600
Legcon.sen@aph.gov.au
Re: Resolution of Disputes with financial service providers within the justice system
The Abomination known as AFCA
This is a summary list of the reasons why AFCA is an afront to The Rule of Law and must be shut down as a national priority:
Designed to subvert the protections of the Australian Constitution;
Denial of Natural Justice:
- No right to an unbiased decision maker
- No right to a fair hearing
No right of review of the decision-making process afforded by the Administrative Decisions (Judicial Review) Act 1977 (Cth);
No right of a merits review by the Administrative Appeals Tribunal;
Designed to avoid Parliamentary oversight;
A private company and not a Government Agency;
Funded by the Big Banks instead of being publicly funded;
Politically compromised by have a former Liberal Party Minister as Chairman;
No criminal penalties for concealing, destroying or tampering with evidence;
PHILLIP SWEENEY 2
SUBMISSION #6
No requirement to report suspicion of criminal misconduct to ASIC;
Designed to limit access of complainants to the independent Court system established under Chapter III of the Australian Constitution if the AFCA determination is in the Bank’s favour;
Deliberately conceals from superannuation complainants the right of “free” access to the independent Court system in the case of the most serious complaints related to the COMPULSORY superannuation system.
This submission has been lodged by Phillip Charles Sweeney in support of the Australian Constitution, The Rule of Law and the right of Australian citizens to be treated lawfully and fairly by financial service providers, many of which operate under a social license.