MISCONDUCT- DEBORAH DINNEN

Based on the following evidence the author alleges that Deborah Dinnen is alleged to be a corrupt* congenital liar.

ALLEGED MISCONDUCT PERPETRATED BY PART-TIME MEMBER:

Deborah Dinnen Page 71 NCAT 2021-2022 Annual Report

Dinnen, Deborah BA LLB LLM
Senior Member. Barrister practising in administrative law,
employment and industrial law, inquests and inquiries.

Deborah Dinnen is alleged to have:

• made multiple false statements in proceedings
• failed her NCAT member code of conduct
• breached Legal Professional Uniform Law Australian Solicitors Conduct Rules
• abused her position to attempt to bias proceedings against the applicant

in NCAT Case No.2020/000287835.

 

However I leave it up to the reader to form their own opinion.

 

CASE STUDY: Proceedings 2020/00287835 Zonnevylle v Mitchell,Education Minister

 

COMPLAINT 1: ATTEMPT TO INFLUENCE PROCEEDINGS (ACTUAL BIAS)

 

A. I sought a NCAT review of a FOI (GIPA) application I made on the alleged corrupt Sarah Mitchell,NSW Education Minister (who I allege was a party to FOI OFFENCES against me in a previous FOI application)

 

B. NCAT proceedings are supposed to be allocated to members THE PREVIOUS WORKING DAY TO A SUBSTANTIVE HEARING

1. Go to : NCAT WEBSITE
2. Click on HEARING LISTS ;
3. Click on Administrative and Equal Opportunity Division hearing list (for AEOD listings)
4. Confirm you are not a robot security test & click continue

where you will find listings such as:

Sep

10:00 am

2023/00201XXX

Health Care Complaints Commission v

NCAT

NCAT OD

Hearing

Unassigned

NCAT Sydney

Unassigned

Unassigned means that the member has not been currently allocated.

I alleged that Deborah Dinnen sought to preside over this matter in order to allegedly ensure that the proceedings were deliberately & maliciously biased against me / deny me legislative & procedural rights

 

C. On May 14,2021,Deborah Dinnen issues the following order less than 5 days PRIOR to the May 19,2021 hearing:

May 14,2021 Order 2. (Copy of ORDER)
Parties are to prepare submissions addressing the orders made in
Dept.of Education v Zonnevylle [2020] NSWCATAD 96 on 3 April 2020
and how those orders impact these proceedings, to be heard at the
commencement of the hearing.

This is VERY disturbing as:

• Deborah Dinnen is fully aware that I am a time-poor,resource-poor,self represented,non-legal professional (SRNLPA)
• Deborah Dinnen is FULLY AWARE that her decision Dept.of Education v Zonnevylle [2020] NSWCATAD 96 on 3 April 2020 POSTDATES these proceedings
• Deborah Dinnen has IMPOSED an ORDER which deliberately seeks to disadvantage me

Deborah Dinnen is,in my opinion,seeking to direct the respondent and is INAPPROPRIATELY & DELIBERATELY PERPETRATING ACTUAL BIAS in these proceedings

The order is inappropriate & places unreasonable & unnecessary stress / burden on the SRNLPA

Some background:

You may not find this matter listed on Deborah Dinnens webpage but she represented the former Health Services Union secretary Kathy Jackson (who was accused of misusing union credit cards and cash cheques to buy designer clothes, lavish meals and overseas vacations worth hundreds of thousands of dollars. She was also accused of misappropriating union money from a slush fund)

“Ms Jackson’s barrister, Deborah Dinnen, told the Federal Court on Friday that her client was disadvantaged by limited resources and limited legal representation compared to the HSU.”

https://www.smh.com.au/business/workplace/kathy-jackson-fails-to-hand-over-work-diaries-court-documents-claim-20150605-ghhvsx.html

Kathy Jackson was charged by Taskforce Heracles, a joint Victoria and Australian Federal Police operation set up to investigate matters arising from the Royal Commission into Trade Union Corruption and Governance.

https://www.news.com.au/national/victoria/news/former-health-services-union-leader-charged-with-theft-and-deception-offences/news-story/d25ea3b236845a30fb955c9e1146bdbd?utm_source=SEM&utm_medium=PPC_SEM&utm_campaign={campaign}&gclid=EAIaIQobChMIx_-g4PuIgQMVRKWWCh3YKwxSEAMYASAAEgIRNPD_BwE

The above statement is important as Deborah Dinnen often has

• Applicants who are Self Represented,Non-Legal Professional (time poor,resource poor) Applicants (SRNLPA)  who appear before her in NCAT proceedings.

up against agencies who engage the services of :

• the Crown Solicitors office who are exclusive (only available to gov.agencies) highly paid legal specialists who protect the government from legal cliams

so there is a clear imbalance of resources in proceedings

I alleged that Deborah Dinnen deliberately & maliciously made an order / directions in these proceedings that she knew :

• was inappropriate & irrelevant
  
• would cause me serious harassment / unreasonable & unnecessary stress
• would require unreasonable & unnecessary diversion of my meager resources

 

COMPLAINT 2: FALSE STATEMENTS / BREACH OF CONDUCT / BREACH OF LAW

A. On May 19,2021 I was forced to leave the hearing presided over by Deborah Dinnens as a result of her alleged MISCONDUCT

 

B. On May 20,2021 I exercised my legal right under the Sect.62 Civil & Adminstrative Tribunal Act (CAT Act) seeking written reasons for Deborah Dinnens CAT Act Sect.5 “decisions”

COPY of Deborah Dinnen CAT Act Sect.62 REQUEST which included references to the CAT Act

 

C. On May 28 I received a NOTICE from the NCAT registry (COPY of NOTICE) which stated:

Your request for written reasons was provided to Dinnen.The member has advised
no decision was made on May 19,2021 and no reasons will be provided.

Again,Deborah Dinnen is a BARRISTER and has been a NCAT member since 2016.

Deborah Dinnen knows that she has made CAT Act Sect.5 “DECISIONS” which are captured under Sect.62 Civil & Adminstrative Tribunal Act

Her statement to the NCAT registry that she didn’t make a decision isFARCICAL

I believe that this is evidence that “self-regulating” members believe themselves to be above the law (a serious issue where further supporting evidence will be published)

 

D. I was forced to make a FORMAL COMPLAINT against Deborah Dinnen to the NCAT Dep.President

 

E. On Jun.9,2021 Deborah Dinnen provided partial reasons for her CAT Act Sect.5 “decisions” (UNPUBLISHED COPY of DECISIONS #1)

Deborah Dinnen stated:

Order 2: Section 62 does not apply to this order as the Tribunal’s request for the parties to address a particular issue in submissions on 19 May 2021 was not a decision, either final, ancillary or interlocutory.

I would characterize this statement as a BLATANT LIE

• Deborah Dinnen made ORDERs on May 14,2021
• CAT Act Sect.5 “decisions” were made for those ORDERS
• That May 14,2021 ORDER  stated:  “Parties are to prepare submissions addressing the orders” which is CLEARLY NOT A REQUEST

 

F. I would also alleged that Deborah Dinnen has sought to deliberately & maliciously make false & misleading statements to construct a CORRUPTED & BIASED NARRATIVE.

Deborah Dinnen stated in those “written reasons”:

The Tribunal adjourned the telephone hearing on 19 May 2021 approximately 10 minutes after the hearing commenced at 12pm.
The reason for the adjournment was due to the Applicant’s conduct. The Applicant was not present in the virtual hearing room when the matter commenced. Once the Applicant joined the virtual hearing room by telephone, he proceeded to talk over the Tribunal member, and did not allow the Tribunal member to announce the matter for transcription purposes or to speak uninterrupted. The Applicant continued to talk loudly over the Tribunal member and purported to make various applications, including a request for him to record the proceedings, and a request for the Tribunal member’s recusal, but did not allow the Tribunal member an opportunity to hear or consider the matters raised, or allow the Respondent to respond. He was warned twice that continuing to talk over the Tribunal member would result in an adjournment. The Applicant continued to talk loudly and the matter was therefore adjourned.

I have sought to publish the hearing recording as the transcript does not provide TONE or the necessary context.

COPY OF MAY 19,2021 HEARING TRANSCRIPT

As a BARRISTER Deborah Dinnen is fully aware of those rights afforded under the Court Security Act Sect.9.2.a. (CS Act.Sect.9.2.a.) a party to proceedings has the right to REQUEST PERMISSION TO RECORD THE PROCEEDINGS

• It is appropriate for this permission to be sought AT THE VERY COMMENCEMENT OF PROCEEDINGS
• It is NOT UNREASONABLE for the member to confirm whether he / she is a JUDICIAL OFFICER as required for that permission under the CS Act Sect.9.2.a.
• CAT Act Sect.39 provides for parties to make ORAL APPLICATIONS in proceedings
• The tribunal is REQUIRED to provide PROCEDURAL FAIRNESS / NATURAL JUSTICE

From the transcript it is clear that Deborah Dinnen:

• made a decision to refuse to respond to the application whether she was a judicial officer or not
• did not provide PROCEDURAL FAIRNESS for either party for that application to make submissions
• made a statement that she was denying me procedural rights (which is an appealable decision)
• made a decision to refuse the application to recuse herself
• did not provide PROCEDURAL FAIRNESS for either party for that application to make submissions
• made a SUBSTANTIVE DECISION to refuse the application for CS Act Sect.9.2.a. permission
• did not provide PROCEDURAL FAIRNESS for either party for that application to make submissions
• refused the application to provide oral reasons for her decisions
• did not provide PROCEDURAL FAIRNESS for either party for that application to make submissions
• refused the application to have the CSO officer removed from these proceedings
• did not provide PROCEDURAL FAIRNESS for either party for that application to make submissions
• made a decision to adjourn the proceedings

It is also clear that Deborah Dinnen

• had the opportunity to hear & consider the matters raised
• was not interested in providing procedural fairness / hear submissions for those matters

 

G. On Jun.25,2021 Deborah Dinnen provided further partial reasons for her CAT Act Sect.5 “decisions” (UNPUBLISHED COPY of DECISIONS #2)

Deborah Dinnen stated:

25 May 2021 – Member recusal and request to sound record independently
The Applicant did not provide any basis for the recusal application, or any basis for the request to record the proceedings independently. The Applicant did not allow the Tribunal to question him as to the grounds upon which he made those applications, or the evidence he relied on, or to consider the application further, or provide an opportunity for the Respondent to make any submissions.
Accordingly the applications were rejected.

Deborah Dinnens statements CLEARLY CONTRADICT the transcript

These written reasons were also provided OUTSIDE THE MANDATORY 28 DAYS AS REQUIRED UNDER CAT ACT SECT.62

 

H. On July 6,2021 Deborah Dinnen provided further CAT Act Sect.62 written reasons.

(UNPUBLISHED COPY of DECISIONS #3)

I allege that Deborah Dinnen has AGAIN sought to deliberately & maliciously make false & misleading statements to construct a CORRUPTED & BIASED NARRATIVE.

1 The Applicant did not provide any basis for his application to have the Crown Solicitors office removed from the proceedings.
2 The Applicant did not allow the Tribunal to question him as to the grounds upon which he made the application, the evidence he relied on, or to consider the application further, or provide an opportunity for the Respondent to make any submissions.

Deborah Dinnens statements CLEARLY CONTRADICT the transcript

These written reasons were also provided OUTSIDE THE MANDATORY 28 DAYS AS REQUIRED UNDER CAT ACT SECT.62

 

I. The author also relies on the fact that Deborah Dinnen was REMOVED from these proceedings

Zonnevylle v Minister for Education [2023] NSWCATAD 135

 

• 10. In or about June/July 2021, Senior Member Dinnen became unavailable. On 1 July 2021, the President of the Tribunal gave notice to the parties that it was intended that the Tribunal be reconstituted where Senior Member Dinnen be removed from the matter and in her place Senior Member Mulvey was to determine the matter.

 

There are further GRAVELY DISTURBING ISSUES resulting from the above complaints.

Senior member Mulvey was former Crown Solicitor appointed NCAT President Lea Armstrongs pick to replace Deborah Dinnen.

Complaints against senior member Craig Mulvey will be added to this website

 

* Corruption as defined by ICAC Act Sect.7,8 & 9

NOTE: Both the NCAT President,Lea Armstrong & Deborah Dinnen were requested a right of reply concerning the authors complaints but to date both have refused to respond

* SRNLPA = Self Represented,Non-Legal Professional (time poor,resource poor) Applicants