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Withholding Medical Information

Email sent 2nd May 2025 at 20:34


Dear DVA,


Thank you for your email. 


This appears to be highly suspicious, considering the conversations I have had with my father, in addition I knew his DVA pension mail was going to my non biological brothers home & it wasn’t built until after 2010 & I lived in that house in 2012 & received his mail personally therefore the information you are providing me with is a non truth. 


This raises serious concerns of unauthorised access and redirection of medical and government-held information that is critical to my health, legal rights, and very survival.

I have been diagnosed with complex neurological disease, severe PTSD, and multiple other disabling conditions consistent with intergenerational exposure to TCDD (Agent Orange). 


These are not speculative claims — my treating physician has provided a formal written request for access to my father’s DVA medical records, as this information is vital to both my diagnosis and ongoing care. To date, these records have been wrongfully withheld, obstructing clinical treatment and denying my lawful right to evidence relevant to my disability claims.


This situation is not only medically dangerous but legally indefensible. The withholding, redirection, or misrepresentation of this information constitutes serious breaches of Commonwealth law, Queensland law, and international human rights treaties.



I. Breaches of Commonwealth Law:



  • Freedom of Information Act 1982 (Cth) – Failure to provide documents lawfully requested.

  • Privacy Act 1988 (Cth) – Breach of Australian Privacy Principles 6 and 12, regarding access to personal or health information.

  • Criminal Code Act 1995 (Cth):


    • Section 137.1 – Knowingly providing false or misleading information to a Commonwealth entity.

    • Section 135.2 – Dishonestly causing detriment to another person through deception.

    • Section 132.1 – Obtaining a gain or causing a loss through deception, which includes administrative conduct that deprives me of lawful access to health-related records.


II. Breaches of Queensland Law:

As a Queensland resident, the following also apply:


  • Information Privacy Act 2009 (Qld) – Breach of my right to access personal data held by a government agency.

  • Criminal Code Act 1899 (Qld):


    • Section 408C – Fraud, including deliberate withholding of information causing detriment.

    • Section 140 – Attempting to pervert the course of justice by obstructing my access to evidence.

    • Section 92A – Misconduct in public office, including unlawful actions taken by government officers.



III. Breach of International Treaties and Obligations:



  1. Stockholm Convention on Persistent Organic Pollutants (POPs) – Adopted on 22 May 2001 and entered into force on 17 May 2004, this global treaty aims to protect human health and the environment from chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health or on the environment. Australia ratified the Convention on 20 May 2004 and became a Party on 18 August 2004 . As a signatory, Australia is obligated to inform the public about toxic exposures like TCDD and ensure access to medical and environmental records.


  2. UN Convention on the Rights of Persons with Disabilities (CRPD) – Articles 25 (health), 31 (data), and 4 (general obligations) are violated by denying me access to familial medical records essential to understanding my TCDD-linked conditions.


  3. UN Convention on the Rights of the Child (CRC) – This denial also violates intergenerational rights, where harm stemming from a parent’s military chemical exposure has been passed to the next generation without remedy or recognition.


IV. Precedent: Orica Environmental Case and Health Monitoring System


The environmental and health consequences of toxic chemical exposure are well-documented in Australia. For instance, chemical giant Orica was fined more than $100 million for a series of pollution incidents, including the 2011 leakage of toxic hexavalent chromium near Newcastle . 


As part of the remediation efforts, Orica established an Independent Monitoring Committee (IMC) to oversee the Botany Groundwater Cleanup Project, ensuring ongoing assessment of risks to human health and the environment .


This case underscores the importance of transparency, accountability, and proactive health monitoring in instances of toxic exposure. (contains TCDD, same chemical as Agent Orange at a lesser level, Agent Orange was 50x more toxic)


V. Harm and Human Impact:


The DVA’s systemic refusal to release my father’s medical records is contributing to the worsening of my health and the premature shortening of my life. 


Every day without access to this information delays treatment, denies my right to seek justice, and deepens the trauma I’ve endured for decades.


This is a matter of generational injury, institutional neglect, and unlawful concealment of critical medical information. You are now formally notified that I will pursue this through every legal and international mechanism available, including:


  • The Office of the Australian Information Commissioner (OAIC),

  • The Commonwealth Ombudsman,

  • The Queensland Office of the Information Commissioner,

  • The Australian Federal Police, 

  • The United Nations CRPD Committee, under the Optional Protocol. 


    International Criminal Court under Crimes against humanity, War Crimes & Genocide


    The systematic withholding of medical records vital to diagnosing and treating intergenerational harm from wartime chemical exposure may constitute crimes against humanity under Article 7(1)(k) of the Rome Statute (inhumane acts intentionally causing great suffering or serious injury), war crimes under Article 8(2)(b)(iv) (methods of warfare causing long-term damage to health and the environment), and may also contribute to patterns consistent with genocide under Article 6(c), where acts are committed with intent to destroy, in whole or in part, a group affected by inherited exposure to TCDD (Agent Orange).


Formal Demands:

I hereby formally demand:


  1. Immediate, full disclosure of all DVA medical, service-related, and correspondence records related to my father.

  2. A full explanation and audit trail of why and how any redirection, withholding, or concealment occurred.

  3. Release of any internal correspondence or legal advice used to justify this misconduct.

Failure to comply within 14 days of this notice will result in formal escalation.


I also received correspondence from your Department stating you already have the records & my father’s missed entitlements ready to be sent. I was to provide a written statement from my doctor to receive the information. 


Reminder I was raised by a Vietnam Veteran with PTSD & metal plates in his face caused by doing his job for the Australian Government, I wasn’t raised stupid. 


ree

Warm Agent Orange Burns regards, 


Danielle

 
 
 

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