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The decision to exonerate the arbitrator's financial and technical consultants from any accountability for misconduct and negligence was fundamentally undemocratic.

The government-endorsed arbitrations were ultimately revealed as a misguided criminal scheme meticulously engineered by Telstra, with the primary objective of curtailing their financial losses in a highly strategic manner. This complex deception involved a series of deliberate maneuvers aimed at manipulating the arbitration process, ensuring that the outcomes favored Telstra's interests while grossly undermining principles of equity and justice.

Between June 1997 and March 1999, the Senate undertook a comprehensive investigation that delved deeply into these troubling practices. The inquiry uncovered a multitude of irregularities and conflicts of interest, bringing to light the extent of the manipulation that occurred during the arbitration proceedings. Alarmingly, these findings emerged more than two years after the majority of the arbitrations had concluded, indicating a systemic issue that had not only affected individual cases but had broader implications for trust in the arbitration system as a whole.

The investigation raised profound concerns regarding the integrity of the arbitration process and pointed to potential complicity among various government entities that facilitated, and perhaps even endorsed, these unethical actions. Such revelations sparked a critical dialogue about accountability and the need for substantial reforms to prevent similar abuses in the future.

Chapter 

Exoneration from all liability 

The decision to exonerate the arbitrator's financial and technical consultants from any accountability for misconduct and negligence was fundamentally undemocratic, wholly unconscionable, and immoral. This action compromised the integrity of the arbitration process and established a perilous, dangerous precedent that undermined public trust in subsequent arbitrations.

Absent Justice Ebook

 

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“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

The Hon David Hawker MP

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

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