🚀 go-pugleaf

> I can only repeat I am awaiting a reply from the Prime Minister of
>Australia (Kevin Rudd) in respect to an email sent to him on 12th.
>September 2007 regarding the grief these items and the accusations
>have caused me.

> If necessary I can produce letters to people entrusted with the
>enforcement of law in this country and inparticular a letter to the
>former Attorney General of Australia - Philip Ruddock in respect of
>those matters.

 As this has now progressed to a point of gross concern given that
serious allegations are being levelled against me in Usenet I
reproduce (in full) my letter to the Hon. Philip Ruddock MP dated
March 2007.   I am not only sending this copy to those involved with
"abuse" at my ISP, but also sending a "blind copy" to the Prime
Minister of Australia - the Hon Kevin Rudd MP.

 The contents of the letter may be unsuitable for minors - however I
believe the seriousness of the comments is in the public interest and
should be addressed by politicians in Australia.

 Mr. Rudd.  I await a reply to my email dated Wednesday 12th Sep 2007
- which contained not only my email address but also my postal
address.  I also sent correspondence to Senator Conroy along the same
lines this morning.

 ===========================================

                                                  13th. March 2007

The Hon Philip Ruddock MP
Attorney General
Parliament House
Canberra ACT 2600

Cc The Hon Peter Breen MLC
Human Rights Party
Parliament House
MacQuarie Street
Sydney NSW 2000

Dear Mr. Ruddock,

                I refer to your correspondence dated 3rd. March 2004
in which you state "I am aware of suggestions that unclassified and X
rated films are being sold illegally in the States, including NSW.  I
am advised by the Office of Film and Literature Classification (OFLC)
that Community Liasion Scheme officers attend restricted premises and
breaches of legal restrictions on the sale of unclassified and X-rated
films are reported to the relevant enforcement authority."

                I also enclose a copy of a letter from the State
Attorney General the Hon. Bob Debus MP addressed to the Hon Jackie
Kelly MP dated 27th. November 2002 in which the Hon. Member stated
"Permitting the sale of Category X films would be a significant
departure from the current classification regime which is aimed at
preventing access by minors to offensive viewing material and allowing
adults an informed choice as to the nature of the material they
access".  It was also stated that "As a rule material which is
considered to be offensive and not already classified should be
referred to the Office of Film and Literature Classification".

               As a consequence of this letter - a copy of which was
sent to me by the Hon Jackie Kelly I took a number of items, many of
which had been falsely rated, to the offices of the OFLC in Surry
Hills.  On the 23rd. December 2002 I delivered a number of items to
CLO Mr. Ron Robinson who accepted the items under the liasion officer
scheme.  On January 23rd. 2003 another box of items was delivered to
CLO Ms. Barbara Vosoba.  The items of concern were items such as "Real
Hidden Peeing" and "Real Hidden Locker Rooms" which depicted illegal
voyeur activity in toilets and via hidden cameras installed in the
changing rooms of department stores.  In the case of the latter film
the material not only included the illegal material but the film noted
that the photographers involved had been caught and were serving terms
in prison but from memory then proceeded to ask viewers to send
material they may have of this nature to the producers for inclusion
in future releases.  Also included in the delivery were videos of
graphic depictions of rape including a tape with a cover depicting a
female on the ground in agony with a pole inserted into her anus (or
vagina).  The place, the date and time these items were purchased were
communicated to the officers concerned but no action was taken.

                As no action had been taken I made a formal complaint
to the Commonwealth Ombudsman's Office in Pitt Street which was
handled by investigative officer Ms. Rebecca Gieng who told me over
the phone that the material I had delivered to the OFLC was, in the
opinion of an unnamed CLO to be neither offensive nor of sufficient
concern to address the matter with the New South Wales police but
suggested that if I was unhappy with the decision I could ask for a
review which would be handled by a more senior officer.

                Subsequently I raised the issue with the Hon Peter
Breen of the Legislative Council of New South Wales who provided me
with a letter also expressing concerns with regards to these matters
which he noted had been raised in the New South Wales Legislative
Council, details of which can be found in Hansard.

                I wish to make it clear that the material I am
complaining about is material that invites or could incite persons to
take it into their hands to invade the privacy of others by the use of
covert means.  The fact that such material is readily available in a
number of Restricted Premises in New South Wales and falsely rated is
surely a disgrace to the government of both the State of New South
Wales and the Commonwealth of Australia.

                In my complaints I suggested that the Director of the
OFLC publicly address the issue by means of a press release, as was
done in respect of the computer game "Grand Auto Theft 3".

                Instead of doing so the Director of the OFLC Mr. Des
Clark in responding to my request to import a film depicting light
hearted and consensual bondage material asked me to pick up not only
the item that I had selected for importation from the shelves of a
Restricted Premises in Goulburn Street entitled "No Mercy", which
despite it's title is good humoured and consensual, but also asked Mr.
Robert Sedgers (Senior Application Officer of the OFLC) to return the
rape, the voyeur material and other items depicting the eating of
excrement which were returned to me via registered mail in 2004.  I
believe Mr. Sedgers may have noted my response of anger and
frustration but legally these items are not illegal to own or to
purchase in this state and they are my property despite the fact I
despise them.

               In my second complaint to the Commonwealth Ombudsman's
Department Ms. Rebecca Gieng once again reiterated that this was a
decision that was a "reasonable decision" for the Director of the OFLC
to take and that the role of the Ombudsman's Office was only to
determine if a decision was reasonable or not.  A copy of this
response was forwarded to the Hon. Peter Breen MLC, which is why I am
including a copy of this correspondence to him.
 

                It should be noted that in my complaint I referred to
the trauma that the decision had caused especially following
expressions for "higher levels of censorship" in New South Wales by
the Commissioner of Police (NSW) published in the Australian newspaper
on December 16th. 2004. (I was taken to the mental health ward of St.
Vincent's hospital where I explained the trauma of the situation after
ambulance officers removed me from a toilet cubicle in my place of
employment after vomiting profusely for several hours).  It would be
seem to me that the levels of censorship which ban the sale of
unclassified items and "X" rated material should be sufficient for
action to be taken without suggesting "higher levels of censorship". I
wish to reiterate I am not pro-censorship.  I believe that material
such as "No Mercy" which is a light hearted bondage film should be
permitted for sale but that films such as those depicting voyeuristic
acts should be banned.

                I read recently of an Asian student from Sydney being
jailed in Victoria for taking pictures inside the shower block of a
Melbourne Hotel.  I enclose a coloured photocopy of a movie purchased
(not for pleasure) in George Street Sydney yesterday entitled "Real
Hidden Showers Vol 7" ("Hidden cameras capture hot young ladies in
their own showers") which carries what I believe to be a totally false
"X 18+" certification.  I also enclose a similar but unclassified
cover from a film regarding voyeuristic material relating to "Read
Hidden Panties" and sold for commercial purposes in Restricted
Premises under the censorship scheme of the Commonwealth of Australia
and the State of New South Wales.

                I am also enclosing copies of press accounts of raids
on Penrith stores in 2005 (over 2 years from the date I delivered
material of concern to the OFLC).  It is stated that over 10,000 items
were seized, many outside the current classification scheme and some
allegedly involving bestiality.  It was also reported on Channel 7 on
February 14th this year that over 60,000 illegal items were seized in
King's Cross and that these had remained "undetected" for a
considerable number of years.   It should be noted that in the year
2005 the Sydney Morning Herald wrote an article stating that it's
journalists had discovered items featuring dogs.  It's been a number
of years since I've been to the official red light district of Sydney
but from recall I remember seeing on open sale videos depicting women
urinating on animals.  In discussing this issue I have provided a link
to this article in the on-line forum of Peter Breen's Human Rights
Party web site (www.humanrightsparty.com.au)

                Ms. Rebecca Gieng of the Commonwealth Ombudman's
Department in her reply (a copy of which was sent the Hon Peter Breen)
suggested that if I was not satisfied with the response I could apply
to have the issue considered by an officer at a higher level.  Given
the fact that this is what I was told earlier I was at a loss for
words.

                I realise that the OFLC is an organisation that is
being phased out from July 1st. this year.  May I suggest however that
either yourself or a responsible officer of the OFLC advise retail
outlets of their legal responsibilities in respect of unclassified
material and issue a press release similar to the one issued by the
OFLC with respect to the computer game "Grand Auto Theft 3".

                I understand that a law is being contemplated which
specifically bans activity of the nature depicted in these films.  May
I suggest that justice is not being applied equally if people are
imprisoned in  the State of Victoria while material depicting such
activity is being sold openly in New South Wales and where the sale of
"X' rated and non rated material is prolific despite such sale being
illegal.

               Yours truly,

               Robert (Bob) Bain