Details of the actions by the University of Qld to have issue #200702 file removed from the Ausralian server.

Australian Law Publishers
Pty Ltd ACN 010 615 933 [AuLP]

Australian Criminal Law Journal
ISSN 1321-6562 [ACLJ]

Reg. Office: 254 Hawken Drive, St Lucia, Qld. 4067, Australia. Skype: russellmathews
Editor-in-Chief: Russell G H Mathews BCom BSc LLB BA

I have been forced to remove the Australian Criminal Law Journal published 26 February, 2007 Issue #200702 from this site on the AUSTRALIAN server. This has been caused by the actions of The University of Queensland [UQ]. They found the subject matter unpalatable. [For over a decade now I have been repeatedly cheated by UQ.] I contend that the subject matter is the truth. We will see what they do from here, AS this is a PRINT JOURNAL, with a PAID CIRCULATION which has already been distributed.. Copies are also in the National Library of Australia in Canberra, the State Library of Queensland in Brisbane and the Queenland Parliamentary Library in Brisbane. Newspaper journalists may find it beneficial to obtain a copy. It could be worth their effort. Do they, UQ, really believe it is defamatory or are they merely affraid of the truth? I wonder if they wish to have all the details and DOCUMENTED EVIDENCE, trotted out publically in a Court hearing; all the various ways they have been cheating me for years. I also have the evidence here of where and how the previous vice chancellor to the present Prof John Hay, did take some of the cheaters to task, but this has not happened at all under Hay. In fact, cheating me [and others] has been like a "currency" under Hay to reward those who would do his bidding. I think it would be an interesting exercise to analysize the"methods" employed by Hay to obtain his wishes: to make "things" happen, as I am sure he would put it.

I have displayed below a series of emails evidencing the occurrances. Unfortunately, my site host was an AussieHQ reseller. I AM NOW WANTING TO FIND A HOST NOT CONNECTED WITH AUSSIEHQ. [I think it may be fruitful to publish the list of all of AussieHQ's Resellers, on whirlpool.] From the evidence [below], it can be understood that a representative of The University of Queensland threatened AussieHQ with being sued for defamation. AussieHQ then "contacted" Jumba, my host and AussieHQ reseller. For me to proceed in this matter I desired, fromAussieHQ, the email reportedly from UQ. They refused. That is my complaint about AussieHQ. That action by them is totally unjustified, and harmful to me. I am concerned that they may harm me in other ways. I am not prepared to take that risk.. I am legally entitled to that documents by the Commonwealth's Privacy Act 1988 by Principle 6, because the document relates to my personal affairs. As well, I a entitled to it by FOI from UQ, and I have already [on the night of 8 March, 2007] applied for it by email from UQ.
.

The last email from AussieHQ.

Abuse #298774]: Please provide copy of the "email from a representative of The University of Queensland ...”.

Hi Russell,

Unfortunately, I will have to ask you to communicate with Jumba regarding this issue.

Regards,

Korske Ara
AussieHQ Pty Ltd

My reply to that:

They do not have a copy of the email from UQ, AND YOU KNOW THAT.. Please do not try to be a smart alec with me. "unfortunately.";.
who do you think you are. I think you had better put it to your bosses, or AussieHQ may end up in a legal stouch.

You see, I will obtain a copy of that by FOI from UQ. Now I will be able to say that AussieHQ tried to impede my legal rights. I already have your email. It is NOT a mere matter of CONTRACT.

I thought I would take a softly softly approach with AussieHQ, but I now apply for a copy of that letter as it involves me, under the Privacy Act 1988 (Cth) [now you have to get your lawyers involved]. I also apply, under the Privacy Act 1988 (Cth) Principle 6, for all material that you have about me, which includes all emails. Also, I do not imagine that AussieHQ is the only provider of Hosting services ON THE INTERNET.

I refer you, AussieHQ, to Principle 6 below.

Privacy Act 1988

Schedule 3—National Privacy Principles

5 Openness

5.1 An organisation must set out in a document clearly expressed policies on its management of personal information. The organisation must make the document available to anyone who asks for it.

5.2 On request by a person, an organisation must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

6 Access and correction

6.1 If an organisation holds personal information about an individual, it must provide the individual with access to the information on request by the individual, .......

Below here now is my email to AussieHQ including the sequence of emails to that point:

Subject: Please provide copy of the "email from a representative of The University of Queensland ...”.

Michael Coogan and Tim Malone,
AussieHQ.
Gentleman,

I have advice that AussieHQ has admitted receiving an email, thus “we have received an email from a representative of The University of Queensland ...”.
viz:
Subject: [Abuse #297957]: austlawpublish.com Defamatory Material

To: orders@jumba.com.au <mailto:orders@jumba.com.au>
Reply-To: abuse@aussiehq.com.au <mailto:abuse@aussiehq.com.au>
Date: Wed, 07 Mar 2007 20:45:27 +1100

Hi guys,

We have received notice that information on one of your clients' websites is defamatory.

The URL in question is:

http://www.austlawpublish.com/20070226%20odt%20-%20pdf%20Australian%20Criminal%20Law%20Journal%20issue200702.pdf

Could you please take appropriate action and advise us once that has been done?

Thanks,

Tim Malone
AussieHQ Pty Ltd

--------------------------

Subject: [msg #VZD-57842-973]: [Abuse #297957]: austlawpublish.com Defamatory Material
Reply-To: joseph.parkes@ipsau.com <mailto:joseph.parkes@ipsau.com>
Date: Thu, 08 Mar 2007 00:14:44 +1100

Hi Tim,

I'm unsure what you class as "appropriate action".

Usually, we tell these people that we don't get involved in disputes like this, and that it's a civil matter between the two parties concerned - not us.

We have no way of saying whether the information contained in that document is defamitory or not. For all we know, it could be 100% true?

If there is a term or condition at AHQ's end that they are specifically breaking, then your best bet is to email adam.ferguson@jig.com.au <mailto:adam.ferguson@jig.com.au> and take it up with him.

If there is anything else I can help you with, please let me know.

Regards,

Joseph Parkes
Jumba Customer Service

P: 1300 855 554
F: 03 9670 3314
W: www.jumba.com.au <http://www.jumba.com.au/>

--------------------------

Hi,

The situation stands as such, we have received an email from a representative of The University of Queensland regarding the website in question. We have been asked remove the content from our web servers and network.

As we do not have direct control of this customer or website, we ask you to take that step in organising the removal of the content in question.
As you are using AussieHQ services, I recommend that you familiarise yourself with our AUP for future reference.
http://www.aussiehq.com.au/legal/acceptable-use/

The section we are dealing with, titled "Obscene, defamatory, offensive, abusive" states:
You must not use our service, attempt to use the service, or allow the service to be used in any way that sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive.

I believe myself to a reasonable person and have determined it to be defamatory. It seems that Tim has made the same decision.

If you are unable to deal with this issue, please forward this email onto the appropriate person or department.

Regards,

Korske Ara
AussieHQ Pty Ltd

As that involves me, please forward me a full copy of that refrenced email. I am betting it came from a Roger Byrom, but it could have been one of his assistants. Then I will be able to take this matter up with them.   I am legally entitled to a copy of that email.   I do not see that you would have any reason to refuse it. If you do that will merely delay my receipt of it., and please do not delay.

-Kind regards,

********************************************************************
* Russell G H Mathews BCom BSc LLB BA      **
*Editor in Chief:****
*Australian Law Publishers Pty Ltd <http://austlawpublish.com/> http://austlawpublish.com/*
[ACN 010 615 933]
Titles:
Australian Criminal Law Journal [ISSN: 1321-6562] [ACLJ <http://austlawpublish.com/austlawpublishACLJ.html>]
*Australian FOI Law Journal ISSN:* <http://austlawpublish.com/austlawpublishAfoiLJ.html> <http://austlawpublish.com/austlawpublishAfoiLJ.html>*1834-5328 [AFOILJ] <http://austlawpublish.com/austlawpublishAfoiLJ.html>*

***e*x-Member of the Standing Committee of Convocation of
       The UNIVERSITY of QUEENSLAND

254 Hawken Drive, St Lucia Q4067.
Skype: russellmathews

Ph: NONE:I've given TELSTRA the FLICK. Hooray![Just email or Skype me.]

Email: russellmathews@gmail.com <mailto:russellmathews@gmail.com> HAIG REPORT: the EVIDENCE <http://haigreport.com/>

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Publisher: Australian Law Publishers Pty Ltd [ACN 010 615 933] E: AustLawPublish@haigreport.com

254 Hawken Drive, St Lucia, Qld. 4067. Skype: russellmathews
Editor-in-Chief: Russell G H Mathews BCom BSc LLB BA

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