Thursday, October 2, 2014

The Privavcy Laws in Australia are a lie. Do not believe that there is such a thing as information privacy or any other privacy. We are continually watched via Mobile Phone, HD TV, wireless phones and internet etc.


Description: OIAC strip       Privacy Complaint Form

The Office of the Australian Information Commissioner (the OAIC) can investigate complaints from individuals about Australian Government and Norfolk Island agencies, and private sector organisations covered by the Privacy Act 1988 (Cth). We are also responsible for handling privacy complaints about ACT Government agencies. The OAIC does not investigate privacy complaints about State and Northern Territory Government agencies or local councils. For information about who you can complaint to for those entities, please see our website at
www.oaic.gov.au/privacy/other-privacy-jurisdictions/state-and-territory-privacy-law.
If you are unsure about whether you can complain to the OAIC please use the ‘complaint checker’ on our website at http://www.privacy.gov.au/complaints/who/complaintchecker or contact our enquiries line on 1300 363 992.
The OAIC can also investigate complaints under privacy codes, as well as the spent convictions scheme, tax file number data matching, health identifiers, anti-money laundering and personal property securities law.
A complaint under any of these laws must be submitted in writing, either via this form, an email, by fax or in a letter. If you have trouble completing this form, please send an email to enquiries@oaic.gov.au or ring our enquiries line on 1300 363 992.
Your personal information
If you have any questions about the personal information we collect and how we will handle your information, please contact the OAIC or see our privacy policy available on our website.
Use and disclosure of your information
We will use the information you have provided to assess your complaint, conduct the investigation and conciliate. If the OAIC makes inquiries into or investigates your complaint, we will usually disclose the information you give us, including a copy of your complaint, to the entity you have complained about (the respondent). We may also disclose your information to others who have information relevant to your complaint, if necessary. If we think we may need to disclose your information to an overseas entity to handle your complaint, we will discuss this with you first.
In case of a challenge to a decision by the OAIC, we may need to disclose some information to a review body, for example a court or tribunal.
Collection of your information
We may need to collect further information from you in order to investigate your complaint. If you do not provide this information to the OAIC, it may affect how we handle your complaint. In some circumstances, it may mean we decide not to investigate your complaint further.
We will usually collect information about you from the respondent. We may also collect information about you from others if they have information relevant to your complaint.
Accessing your information
If you would like to access to the information about you that the OAIC holds, please contact the enquiries line. More information is available on the Access our information page on our website.
Before the OAIC can investigate your complaint you must first have complained to the agency or organisation and given it an opportunity to resolve your complaint. This will generally involve writing to the agency or organisation and giving it 30 days to respond.
Please send the completed form to us by:
Post
Email
Fax
Director of Privacy Case Management
GPO Box 5218
Sydney NSW 2001
+61 2 9284 9666
___________________________________________________________________
About You – the Complainant
Name:  Mr / Mrs / Miss / Ms / Dr Not applicable............................................................................... .....................................................................................................................................................
Preferred contact method (you must provide at least one contact method)

yes
Email

Phone

Post

Mobile phone

Other


Phone (daytime)02/87394749......................................................................................................... .....................................................................................................................................................
Mobile.......................................................................................................................................... .....................................................................................................................................................
Emailzayyco@gmail.com................................................................................................................
Postal Address26 Benfield Pde......................................................................................................... .....................................................................................................................................................
Panania NSW ................................................................  Postcode 2213.........................................
Other contact details (eg. Fax or international address).....................................................................
.....................................................................................................................................................
Previous Dealings
If you have lodged a complaint or enquiry with the OAIC before please provide your previous reference number (eg C00001 or E11/00001)
.....................................................................................................................................................  
Representative
Do you have someone that you would like to represent you in your complaint?

yes
Yes

No

If yes:
What is your representative’s relationship with you? (eg. lawyer) : My wife........................................
Representative name:  Mr / Mrs / Miss / Ms / Dr No title/ George Katanasho...................................... .....................................................................................................................................................

Preferred contact method (you must provide at least one contact method)

Yes
Email

Phone

Post

Mobile phone

Other


Phone (daytime) 02/87394749.........................................................................................................
Mobile..........................................................................................................................................
Email zayyco@................................................................................................................
Postal Address.........................................................................................................
Panania NSW................................................................. Postcode 2213.........................................
Other contact details (eg. Fax or international address).....................................................................
.....................................................................................................................................................
Have you complained to the Respondent?
I have complained to the agency or organisation about my privacy issue and given them 30 days to respond.

yes
Yes

No




It is only in exceptional circumstances that the OAIC will investigate complaints where you have not complained to the respondent. If no, please explain why it is not appropriate for you to complain to the respondent. The OAIC may still decline to investigate your complaint until you have complained to the respondent

.....................................................................................................................................................
.....................................................................................................................................................
The Respondent - who you are complaining about
I am complaining about
Name of Respondent organisation / agency Department of Immigration and Border Protection...........
.....................................................................................................................................................
Phone (daytime).............................................................................................................................
Email.............................................................................................................................................
Postal Address...............................................................................................................................
....................................................................................  Postcode.................................................
Name of individual(s) involved (if known).........................................................................................
.....................................................................................................................................................
Have you taken this complaint to another dispute resolution body?


Yes
No
No



The OAIC may not investigate a complaint if another dispute resolution body is already dealing with it. Please give details of your complaint and attach copies of relevant documents.



Name of the dispute resolution body you complained to                                                                                    
.....................................................................................................................................................
Date of your complaint   ………./………./……….


Yes

No
Is it dealing with your complaint?


Please provide a brief description of your complaint to the other dispute resolution body and explain why it is or is not dealing with your complaint.     
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
Your Complaint
Please describe how you think your privacy has been interfered with.
It will assist us if you can explain:
  • What happened
  • When it happened (including dates)
  • What personal information of yours was affected
  • Who did it (include names of individuals involved if known)
  • How and when you found out about it.
The clearer your explanation is the more easily we will be able to assist you. Please feel free to attach additional information.
In July 2014 I have sent an application filled out together with all the required documents to DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION. The application was refused on the basis that the above mentioned department demand information of family members that are not included in the application for Family Sponsored Tourist Visa. Subsequently through inquiries I found out that I can make a new application, however 1. My mother-in-law who is the applicant to visit Australia had for the second time leave her village and travel around to obtain costly documents that the above mentioned department is demanding. 2. It cost my mother-in-law AUD 150.00 and another application will cost the same. 3. My father-in-law, my sister-in-law and my brother-in-law have nothing to do with the Australian Government whatsoever, I reiterate, whatsoever. Now we are attempting to fill out another application. We asked my mother-in-law to collect all the required documents again and send them to us which she did. Our concern is, the Department mentioned above is blatantly asking us to provide private personal information of 3 individuals who did not authorize us to make a use of their private personal information, and furthermore since the 3 individuals mentioned above are not receiving any benefits from the Australian Government and I do not see why they should provide their personal private information. So in an attempt to resolve this issue of the second demand from the above mentioned department of my wife to breach the Personal Information Privacy Act, I contacted the Immigration Department and the Minister for Immigration to come to terms with this confusion that has been enforced upon us. The recommendation of both the Immigration Department and the Immigration Minister's office said, to the affect that, If the Immigration Department require you to give them such information, (Referring to giving details of individuals that did not provide the authority to use their information) then you just give it to them, and giving information of three individuals who provided no authorization or consent to make a use of their information is not a breach of the Personal Information Privacy Act. Excuse me? So what on earth is breaching the Personal Information Privacy Act? Hide the Information? Do the Opposite? The Government, that is the Federal one is asking us blatantly to breach the Personal Information Privacy Act in order to have the Application for Family sponsored Tourist Visa approved. I am sorry but we are not stupid. We know what it means to give out private information without a written and signed authorization and consent and that is what we had to do with every office of the Government that we had anything to do with. This is not new information. And the claim that the Government takes the Privacy Act seriously turned out to be a lie. If I was to breach the Privacy Act and the Government do not like it, hell would break loose against me so to speak. Please bear in mind that I am complaining in relation the first application that was refused. I am complaining as to the current issue concerning filling out a new application without having to give details of individuals when we must not do so. .................................................................................
Resolution
What action would you like the Respondent to take to resolve your complaint?
The OAIC generally tries to resolve complaints through conciliation between you and the respondent. Please note that the OAIC is unable to impose financial penalties.
It is very simple. I need a formal written letter from the Immigration Department to state that either they will not require us to give them the information of the direct Family Members of my wife's and such abolishment of the demand mentioned above will not have any bearing on the decision that will be made by the Department of Immigration and Border Protection concerning the Family Sponsored Tourist Visa or accept our claim that my mother-in-law indeed has family in China to induce her to return to China without having to give their details of their name, address, date of birth, phone numbers or anything.
Supporting information
You may attach relevant information that supports the complaint. For all complaints, please attach any correspondence with the respondent about the privacy complaint.
For complaints about credit information files
If your complaint is about an incorrect credit information file please attach a copy of your complete credit file. We will be unlikely to progress the complaint without it.
If you do not have a copy of your complete credit file we will need to obtain a copy on your behalf.
Do you give permission for OAIC staff to obtain a copy of your credit information file from either Veda Advantage Information Services and Solutions, Dun & Bradstreet or the Tasmanian Collection Service?
              
yes
Yes

No

Please sign and date this form

Signature: ……………………………………………………………………………………….Date ......... ………./………./……….

Privacy complaints on behalf of Fengkai Liu and Shengkui Liu about Department of Immigration and Border Protection- Our refs: CP14/04330 - CP14/04331 [SEC=UNCLASSIFIED]


Inbox
x

Sarah Loh Sarah.Loh@oaic.gov.au

Sep 30 (2 days ago)
Reply
to me
Our reference: CP14/04330 - CP14/04331
Fen and Shengkui Liu

By email: zayyco@gmail.com
Dear George

Privacy complaints on behalf of Fengkai Liu and Shengkui Liu about 

Department of Immigration and Border Protection

Thank you for your complaint form to the Information Commissioner of 19 September 2014 
about the Department of Immigration and Border Protection (DIBP) under section 36 of the 
Privacy Act 1988 (Cth) (the Act).
You claim that DIBP has attempted to improperly collect Fengkai Liu’s and Shengkui Liu’s 
personal information, including information about other members of their family.
Section 41(1)(a) of the Act gives the Information Commissioner the discretion not to 
investigate a complaint if he is satisfied that the act or practice complained about is not an 
interference with privacy, as defined in the Act.
Please note that the Act only allows individuals to complain about their own personal 
information, or the information of other individuals for whom they are an authorised 
representative. It appears you have not provided any authorisation from the individuals 
you have named in this complaint.
However, from the information you have provided, were you to send in a valid 
authorisation to act as representative, this office would still be likely to decline to 
investigate these complaints. I explain the reasons why below.

The law

The Australian Privacy Principles (APPs) in the Act regulate the way certain organisations 
and Australian and Norfolk Island Government agencies (collectively referred to as APP 
entities) are to handle personal information, and apply to organisations with an annual 
turnover of more than $3 million.
APP 3 deals with when an APP entity can collect personal information, and how an APP 
entity must collect personal information.
APP 3.6 states that an agency must collect personal information about an individual only 
from the individual unless the entity is required or authorised by or under an Australian law, 
or a court/tribunal order, to collect the information from someone other than the 
individual.
In addition, an APP entity that is an agency must not collect personal information unless 
the information is reasonably necessary for, or directly related to, one or more of the 
agency’s functions or activities.

Our view

While I appreciate your concern that the DIBP is collecting information about other 
members of Fengkai Liu’s and Shengkui Liu’s family, APP 3.6 in the Act allows the DIBP 
to collect Fengkai Liu’s and Shengkui Liu’s personal information, including information 
about other members of their family as required or authorised by or under the 
Migration Act 1958 and Migration Regulations 1994.
Please note that an agency is not required under the Act to obtain a signed 'consent' 
or authorisation before it collects the personal information from someone other than the 
individual.
Also, it appears the DIBP is collecting Fengkai Liu’s and Shengkui Liu’s personal information, 
including information about other members of their family for the primary purpose of 
assessing Fengkai Liu’s visa application. As DIBP is an agency that makes decisions for people 
entering or leaving Australia, it would appear that DIBP’s actions of collecting Fengkai Liu’s 
and Shengkui Liu’s personal information, including information about other members of 
their family are reasonably necessary for it to perform its main function and activities.
As such, I am of the view that the DIBP has met the requirements of APP 3 in relation to the 
collection of Fengkai Liu’s and Shengkui Liu’s personal information, including information 
about other members of their family.
Additionally, an individual has the option of choosing whether to provide their personal 
information to an agency, however they have to be aware of the consequences if they do 
not provide it.

Next steps

On the available information, it appears that the DIBP has met the requirements of the Act. 
Accordingly, I intend to decline to investigate your complaints under section 41(1)(a) of the 
Act on the basis that it appears there has been no interference with Fengkai Liu’s and 
Shengkui Liu’s privacy. However, before I make a final decision, I invite you to provide a 
response to this email, should you wish to do so. I would appreciate receiving your written 
response by 15 October 2014. If I do not hear from you by this date, I will make a decision 
based on the available information and close your complaints. 
If you would like to discuss your complaints, I may be reached on 1300 363 992 (local call 
cost – calls from mobiles or pay phones may incur higher charges) or (02) 9284 9667 during 
business hours Tuesdays - Thursdays, by fax on (02) 9284 9666 or email 
Yours sincerely
Sarah Loh
Investigations Officer
Delegate of the Commissioner
Dispute Resolution Branch
30 September 2014
__________________________________________________________________
I replied immediately as shown below

George Katanasho on behalf of Shengkui Li and Fengkai LIU

Panania NSW 2213
Ph: 0287

OAIC
Sarah Loh

Dear Sarah

Your reply and attention is much appreciated. It seems to me that you can actually pick and choose from 
the Act as to your liking because you are claiming that a Corporation can actually demand private 
information of people who are not included in the application.
Let me explain: Shengkui Li is a separate independent individual. Fengkai LIU is the same. Demanding 
Private Information of an entirely separate and independent entity would require their consent to make 
any use of their information. Shengkui Li and Fengkai LIU are not connected to the individuals legally 
that the DIBP is demanding their private information. If the DIBP want information from someone 
other than the applicant, they should go personally to these individuals and ask fhem for their private 
information. When an applicant says that yes she has family in China, then the burden of proof is on you 
to prove otherwise. Fengkai LIU is not a liar, she is telling the truth. I personally was in China and met 
with the family and I know she is not lying. However making her guilty until she proves her innocence is 
unlawful. Therefore saying all the above, the DIBP is acting as a spy to collect information on individuals 
that have no involvement with the Australian Authorities. DIBP can demand anything of Fengkai LIU or 
Shengkui LI and both are happy to provide the DIBP as long as they have nothing to do with individuals 
that are entirely independent of them legally. I am sorry but Fengkai LIU and Shengkui LI do not work 
for the DIBP.

Please reply

George

_____________________________________________________________

Reply from the office of the Privacy Commissioner 
is as follows

Dear George

Thank you for your email below.

If you would like to submit further information about this matter, please do so by 15 October 2014.

Thank you.

Kind regards

Sarah Loh | Investigations Officer |Dispute Resolution|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|

Protecting information rights – advancing information policy
Description: Description: Description: cid:image001.jpg@01CD2C68.3E150BC0
P Please consider the environment before printing this email.

From: Eqwel . [mailto:zayyco@gmail.com]
Sent: Tuesday, 30 September 2014 4:16 PM
To: Sarah Loh
Subject: Re: Privacy complaints on behalf of Fengkai Liu and Shengkui Liu about Department 
of Immigration and Border Protection- Our refs: CP14/04330 - CP14/04331 [SEC=UNCLASSIFIED]
______________________________________________________________________

I replied immediately as shown below

You told me to discuss it with you and I did. Why did you change your mind
George
______________________________________________________________

Followed the below shown email

You told me to discuss the matter with. 
I did according to your instruction, and 
now you changed your mind and want me 
me to give you more information? For 
what? Commonwealth Ombudsman did 
the same to me. The only conclusion I 
have is you blatantly enslaving a Chinese 
woman that doesn't even live in Australia, 
rather in you enemy's country China. 
Have you lost your mind? You are 
denying Fengkai Liu justice and you 
blatantly asking he to spy for you? 
You are crazy
_________________________________________________
Then I sent the following video link
https://www.youtube.com/watch?v=anusZ99qmYQ

___________________________________________________________

Reply from the office of the Privacy Commissioner 
is as follows

Dear George

Please see letter attached.


Kind regards

Sarah Loh | Investigations Officer |Dispute Resolution|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |www.oaic.gov.au|

Protecting information rights – advancing information policy
Description: Description: Description: cid:image001.jpg@01CD2C68.3E150BC0









______________________________________________________________

The following was my immediate replies

Dear Sarah

Your reasoning is one sided and it is not fair that one is not heard and rebutted the arguments made 
about them or against them. Therefore the law prescribes that one in a case made in relation to the law 
to court or any other resolution agency gives the right, not the privilege, the right to be heard and rebut 
what is being said by you. The reason in common law there is 12 jurors to hear and make a decision is 
because one person could very well be wrong in interpreting the law or the case. Therefore I ask for the 
right of Fengkai LIU and Shengkui Li to be heard and rebut exactly as in the court of law. 

Please advise.
_______________________________________________________________
Dear Sarah

It your duty to provide information as to what can be done if a client of yours is not satisfied with your 
ruling. Remember, there is nowhere in the law that appoints one single person as Prosecutor, Judge, 
Jury and executioner. However this is exactly what you did. You have done the job of what suppose to be 
4 separate persons, be they corporation person or man/woman. You claim in your letter that you 
administer the law. What parts of the law do you administer and what parts do you ignore? 

We have the right to further investigation and law administration. Your ruling is illegal and would not 
stand in court. Therefore more advise from you is demanded. If we are clients or customers, then 
someone is paying you for your services. If so then it is not a privilege to demand your services, it is a 
right.
I await  your reply within ten days, should you fail to do so, I shall have no option but to denounce you 
as a criminal enterprise due to the fact that you are protected by this system and no court will find you 
guilty. Therefore we as the Commonwealth of Australia can do so lawfully and will stand in any court.

Sincerely

George
_______________________________________________________________

Sarah Lo

Commonwealth Ombudsman is a lying criminal person and I can prove it with extreme ease. I am afraid 
you are trying to help knowing exactly what the Ombudsman would say: You don't believe me, just give 
me the green light and I will refer the matter to the ombudsman, and I guarantee 100% that he is going to 
agree with you. Mam there is no such thing under the law as Prosecutor, judge, jury and executioner. You 
make up your law as you go. Where in the constitution it authorizes such kind of entity. Your entire 
existence is illegal, you and the Ombudsman, you know it and I know it. This is why you always side with 
each other because you all have the same interest. There is no way you can judge fairly, absolutely not. 
And I am very sorry that I did come to you for resolution. You never answered one thing of my emails, 
you just mention them. Why don't you reply to what I say word for word? because you can't. If you 
rule against DIBP you will be sent o the Siberian jobs.

That's all I have to say if your permit me according to the law.
George

End for now 

















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