E
|-|ercules
A'Beckett Ref: 2014858555
D&B Ref: 50106172
TIO Ref: 10/152131
Dear A'Beckett Lawyers,
The $1372.73 bill from Telstra has been disputed at the
Telecommunications Ombudsman office and you have no legal recourse to
demand payment.
The Telstra bill was originally for $210, this was 4 weeks after
signing up for an $85 per month iPhone plan with no upfront fee. This
is obviously breach of fair trading practice.
I have attached the correspondence to Telstra and TIO and for your
further information a copy of QUEENSLAND: Criminal Code Act 1899,
CHAPTER 33A-UNLAWFUL STALKING.
Repeated communications that cause apprehension is considered
stalking, and should Telstra, Dun and Bradstreet, or your legal firm
make any more demands for payment this email will be shown to court
that you have been formally instructed not to further harass me. This
increases your maximum jail term to 8 years should you continue in
this unwarranted manner.
Sincerely
Graham Cooper
BInfTech University Of Queensland 1991
Grad. Dip. Ed. (Secondary) Curtin University 2000
ATTACHMENT 1
13 QUEENSLAND: Criminal Code Act 1899, CHAPTER 33A-UNLAWFUL STALKING,
ss359A- 359FChapter 33a-Unlawful Stalking
Definitions for ch 33A359A. In this chapter-"circumstances" means the
following circumstances-
(a) the alleged stalker's circumstances;
(b) the circumstances of the stalked person known, foreseen or
reasonably foreseeable by thealleged stalker;
(c) the circumstances surrounding the unlawful stalking;
(d) any other relevant circumstances.
"detriment" includes the following-
(a) apprehension or fear of violence to, or against property of, the
stalked person or another person;
(b) serious mental, psychological or emotional harm;
(c) prevention or hindrance from doing an act a person is lawfully
entitled to do;
(d) compulsion to do an act a person is lawfully entitled to abstain from doing.
Examples of paragraph
(c)-A person no longer walks outside the person's place of residence
or employment. A person significantly changes the route or form
of transport the person would ordinarily use to travel to work or
other places. Example of paragraph
(d)-A person sells a property the person would not otherwise
sell."property", of a person, means-
(a) property in which the person has an interest,whether or not the
defendant also has aninterest in the property; or
(b) property that is otherwise:
(i)used and enjoyed by the person; or
(ii)available for the person's use or enjoyment; or
(iii) in the person's care or custody; or
(iv)at the premises at which the person is residing."stalked person"
see section 359B."unlawful stalking" see section 359B.
"violence"
(a) does not include any force or impact within the limits of what is
acceptable as incidentalto social interaction or to life in
the community; and
(b) against a person includes an act depriving a person of liberty; and
(c) against property includes an act of damaging, destroying,
removing, using or interfering with the property. ÿ
Page 14
14What is unlawful stalking
359B. "Unlawful stalking" is conduct:
(a) intentionally directed at a person (the "stalked person"); and
(b) engaged in on any 1 occasion if the conduct is protracted or on
more than 1 occasion; and
(c) consisting of 1 or more acts of the following, or a similar, type-
(i)following, loitering near, watching or approaching a person;
(ii)contacting a person in any way, including, for example, by
telephone, mail, fax,e-mail or through the use of any technology;
(iii) loitering near, watching, approaching or entering a place where
a person lives,works or visits;
(iv)leaving offensive material where it will be found by, given to or
brought to theattention of, a person;
(v)giving offensive material to a person, directly or indirectly;
(vi)an intimidating, harassing or threatening act against a person,
whether or notinvolving violence or a threat of violence;
(vii) an act of violence, or a threat of violence, against, or against
property of, anyone,including the defendant; and
(d) that-
(i)would cause the stalked person apprehension or fear, reasonably
arising in all thecircumstances, of violence to, or against
property of, the stalked person or anotherperson; or
(ii)causes detriment, reasonably arising in all the circumstances, to
the stalked personor another person.What is immaterial for
unlawful stalking359C.(1)
For section 359B(a), it is immaterial whether the person doing the
unlawful stalking-
(a) intends that the stalked person be aware the conduct is directed
at the stalked person; or
(b) has a mistaken belief about the identity of the person at whom the
conduct is intentionallydirected.
(2) For section 359B(a) and (c), it is immaterial whether the conduct
directed at the stalked personconsists of conduct carried out
in relation to another person or property of another person.
(3) For section 359B(b), it is immaterial whether the conduct
throughout the occasion on which theconduct is protracted, or the
conduct on each of a number of occasions, consists of the same
ordifferent acts.
(4) For section 359B(d), it is immaterial whether the person doing the
unlawful stalking intended tocause the apprehension or fear,
or the detriment, mentioned in the section.
(5) For section 359B(d)
(i), it is immaterial whether the apprehension or fear, or the
violence,mentioned in the section is actually caused.Particular
conduct that is not unlawful stalking359D. "Unlawful stalking" does
not include the following acts-
(a) acts done in the execution of a law or administration of an Act or
for a purpose authorisedby an Act;
(b) acts done for the purposes of a genuine industrial dispute;
(c) acts done for the purposes of a genuine political or other genuine
public dispute or issuecarried on in the public interest;
(d) reasonable conduct engaged in by a person for the person's lawful
trade, business oroccupation;
Page 15
15(e) reasonable conduct engaged in by a person to obtain or give
information that the personhas a legitimate interest in obtaining
or giving. ÿ Punishment of unlawful stalking359E.
(1) A person who unlawfully stalks another person is guilty of a crime.
(2) A person who commits the crime of unlawful stalking is liable to a
maximum penalty ofimprisonment for 5 years.
(3) However, a person is liable to a maximum penalty of imprisonment
for 7 years if, for any of theacts constituting the unlawful
stalking, the person-
(a) uses or intentionally threatens to use, violence against anyone or
anyone's property; or(b) possesses a weapon within the
meaning of the Weapons Act 1990; or
(c) contravenes or intentionally threatens to contravene an injunction
or order imposed ormade by a court or tribunal under a law of
the Commonwealth or a State.Court may restrain unlawful stalking359F.
(1) This section applies on the hearing before a court of a charge
against a person of unlawfulstalking.
(2) Whether the person is found guilty or not guilty or the
prosecution ends in another way, if thepresiding judge or magistrate
considers it desirable, the judge or magistrate may constitute the
courtto consider whether a restraining order should be made
against the person.
(3) The judge or magistrate may act under subsection
(2) on application by the Crown or aninterested person or on the
judge's or magistrate's own initiative.
(4) Also, if the restraining order proceeding is started before the
Supreme Court or the DistrictCourt, the court may order the
proceeding to be transferred to a Magistrates Court.
ATTACHMENT 2
BigPond Technical Support
Inbox Disputed bill at DNB (TIO 10/152131) [Incident: 101017-001026] -
BigPond BigPond swirl Thanks for contacting us. One of our consultants
will contact you within .
Oct 17
me, postmaster (3)
Inbox Disputed bill at DNB (TIO 10/152131) - . my complaint to TIO and
TELSTRA support a dozen times Telstra has ignored all my emails and .
Oct 16
me, Mail (2)
Inbox NOW TELSTRA IS SENDING ME BILLS FOR PHONE NUMBERS I DON'T OWN -
.. misc.legal CC:tio.com.au,[email protected],[email protected],[email protected]
Dear Telstra, you keep sending me a bill for a phone number that is
not mine. 0400 710177 .
Aug 19
TIO Investigations Team
Inbox Thank you for your e-mail - . Telecommunications Industry
Ombudsman (TIO). We will contact you within five to seven working
days. If you require more immediate assistance, you may wish to call
us on .
Aug 19
TIO Investigations Team
Inbox Thank you for your e-mail - . Telecommunications Industry
Ombudsman (TIO). We will contact you within five to seven working
days. If you require more immediate assistance, you may wish to call
us on .
Aug 6
TIO, me (2)
Inbox TIO reference number 10/152131 - . Telecommunications Industry
Ombudsman (TIO) received on 05 July 2010 in relation to TIO reference
number 10/152131. As previously advised, the TIO handles complaints .
Aug 6
Unresolved, me (2)
Inbox TIO Reference Update 10/152131 [#8386R] - Dear Mr Cooper TIO
Reference: 10/152131 Thank you for your email to the
Telecommunications Industry Ombudsman (TIO) on 3 August 2010. Please
disregard my previous email .
Aug 4
Unresolved, me (2)
Inbox TIO Reference 10/152131 [#8386R] - . Telecommunications Industry
Ombudsman (TIO) on 3 August 2010. The TIO reference number for your
complaint is 10/152131 What to do about your complaint .
Aug 4
Unresolved, me (2)
Inbox RE: TIO Online Complaint Update Confirmation - 10/152131
[#805FH] - Dear Mr Cooper TIO reference: 10/152131 I refer to your
email dated 31 July 2010 The Telecommunications Industry Ombudsman
(TIO) is not able to assist you at this stage .
Aug 3
Unresolved Email
Inbox TIO Reference: [#8370K] - . Telecommunications Industry
Ombudsman (TIO) on 31 July 2010. The TIO reference number for your
complaint is 10/152131. You have told us that you have a complaint
with .
Aug 3
me, postmaster (2)
Inbox How about TELSTRA? NOTHING UP FRONT ----- PAY DOUBLE LATER!! -
NEWSGROUPS:aus.tv,aus.politics,aus.cars,aus.computers,aus.electronics,aus.general,aus.media-watch,aus.legal
How can $85 per month mean $85 per month TALLIED? $85 per month .
Aug 1
TIO
Inbox Thank you for your email - . Telecommunications Industry
Ombudsman (TIO). Due to the large number of emails we receive every
day we cannot respond immediately, however, we will contact you within
two .
Aug 1
CosMoS
Inbox TIO Online Complaint Update Confirmation - . Telecommunication
Industry Ombudsman (TIO) receives every day, we cannot respond
immediately. However, we will contact you within the next 5 working
days. If you require .
Jul 31
TIO Email
Inbox TIO reference 10/152131 [#547EJ] - Dear Mr Cooper TIO Reference
Number: 10/152131 Thank you for the copy of your email to Telstra,
sent to the Telecommunications Industry Ombudsman (TIO) on 28 June
2010. I .
Jun 28
TIO
Inbox Thank you for your email - . Telecommunications Industry
Ombudsman (TIO). Due to the large number of emails we receive every
day we cannot respond immediately, however, we will contact you within
two .
Jun 27
-----------------------------------------------------------------------------------------------------------------
THIS EMAIL AND THE RECIPIENTS IS PUBLISHED ON THE NEWSGROUPS
AUS.LEGAL, MISC.LEGAL, AUS.TV, AUS.POLITICS, AUS.COMPUTERS,
AUS.MEDIA-WATCH, AUS.ELECTRONICS, AUS.CARS, AUS.GENERAL
CC:tio <[email protected]>, TIO Investigations Team <[email protected]>,
support <[email protected]>, support <[email protected]>,
[email protected]
D&B Ref: 50106172
TIO Ref: 10/152131
Dear A'Beckett Lawyers,
The $1372.73 bill from Telstra has been disputed at the
Telecommunications Ombudsman office and you have no legal recourse to
demand payment.
The Telstra bill was originally for $210, this was 4 weeks after
signing up for an $85 per month iPhone plan with no upfront fee. This
is obviously breach of fair trading practice.
I have attached the correspondence to Telstra and TIO and for your
further information a copy of QUEENSLAND: Criminal Code Act 1899,
CHAPTER 33A-UNLAWFUL STALKING.
Repeated communications that cause apprehension is considered
stalking, and should Telstra, Dun and Bradstreet, or your legal firm
make any more demands for payment this email will be shown to court
that you have been formally instructed not to further harass me. This
increases your maximum jail term to 8 years should you continue in
this unwarranted manner.
Sincerely
Graham Cooper
BInfTech University Of Queensland 1991
Grad. Dip. Ed. (Secondary) Curtin University 2000
ATTACHMENT 1
13 QUEENSLAND: Criminal Code Act 1899, CHAPTER 33A-UNLAWFUL STALKING,
ss359A- 359FChapter 33a-Unlawful Stalking
Definitions for ch 33A359A. In this chapter-"circumstances" means the
following circumstances-
(a) the alleged stalker's circumstances;
(b) the circumstances of the stalked person known, foreseen or
reasonably foreseeable by thealleged stalker;
(c) the circumstances surrounding the unlawful stalking;
(d) any other relevant circumstances.
"detriment" includes the following-
(a) apprehension or fear of violence to, or against property of, the
stalked person or another person;
(b) serious mental, psychological or emotional harm;
(c) prevention or hindrance from doing an act a person is lawfully
entitled to do;
(d) compulsion to do an act a person is lawfully entitled to abstain from doing.
Examples of paragraph
(c)-A person no longer walks outside the person's place of residence
or employment. A person significantly changes the route or form
of transport the person would ordinarily use to travel to work or
other places. Example of paragraph
(d)-A person sells a property the person would not otherwise
sell."property", of a person, means-
(a) property in which the person has an interest,whether or not the
defendant also has aninterest in the property; or
(b) property that is otherwise:
(i)used and enjoyed by the person; or
(ii)available for the person's use or enjoyment; or
(iii) in the person's care or custody; or
(iv)at the premises at which the person is residing."stalked person"
see section 359B."unlawful stalking" see section 359B.
"violence"
(a) does not include any force or impact within the limits of what is
acceptable as incidentalto social interaction or to life in
the community; and
(b) against a person includes an act depriving a person of liberty; and
(c) against property includes an act of damaging, destroying,
removing, using or interfering with the property. ÿ
Page 14
14What is unlawful stalking
359B. "Unlawful stalking" is conduct:
(a) intentionally directed at a person (the "stalked person"); and
(b) engaged in on any 1 occasion if the conduct is protracted or on
more than 1 occasion; and
(c) consisting of 1 or more acts of the following, or a similar, type-
(i)following, loitering near, watching or approaching a person;
(ii)contacting a person in any way, including, for example, by
telephone, mail, fax,e-mail or through the use of any technology;
(iii) loitering near, watching, approaching or entering a place where
a person lives,works or visits;
(iv)leaving offensive material where it will be found by, given to or
brought to theattention of, a person;
(v)giving offensive material to a person, directly or indirectly;
(vi)an intimidating, harassing or threatening act against a person,
whether or notinvolving violence or a threat of violence;
(vii) an act of violence, or a threat of violence, against, or against
property of, anyone,including the defendant; and
(d) that-
(i)would cause the stalked person apprehension or fear, reasonably
arising in all thecircumstances, of violence to, or against
property of, the stalked person or anotherperson; or
(ii)causes detriment, reasonably arising in all the circumstances, to
the stalked personor another person.What is immaterial for
unlawful stalking359C.(1)
For section 359B(a), it is immaterial whether the person doing the
unlawful stalking-
(a) intends that the stalked person be aware the conduct is directed
at the stalked person; or
(b) has a mistaken belief about the identity of the person at whom the
conduct is intentionallydirected.
(2) For section 359B(a) and (c), it is immaterial whether the conduct
directed at the stalked personconsists of conduct carried out
in relation to another person or property of another person.
(3) For section 359B(b), it is immaterial whether the conduct
throughout the occasion on which theconduct is protracted, or the
conduct on each of a number of occasions, consists of the same
ordifferent acts.
(4) For section 359B(d), it is immaterial whether the person doing the
unlawful stalking intended tocause the apprehension or fear,
or the detriment, mentioned in the section.
(5) For section 359B(d)
(i), it is immaterial whether the apprehension or fear, or the
violence,mentioned in the section is actually caused.Particular
conduct that is not unlawful stalking359D. "Unlawful stalking" does
not include the following acts-
(a) acts done in the execution of a law or administration of an Act or
for a purpose authorisedby an Act;
(b) acts done for the purposes of a genuine industrial dispute;
(c) acts done for the purposes of a genuine political or other genuine
public dispute or issuecarried on in the public interest;
(d) reasonable conduct engaged in by a person for the person's lawful
trade, business oroccupation;
Page 15
15(e) reasonable conduct engaged in by a person to obtain or give
information that the personhas a legitimate interest in obtaining
or giving. ÿ Punishment of unlawful stalking359E.
(1) A person who unlawfully stalks another person is guilty of a crime.
(2) A person who commits the crime of unlawful stalking is liable to a
maximum penalty ofimprisonment for 5 years.
(3) However, a person is liable to a maximum penalty of imprisonment
for 7 years if, for any of theacts constituting the unlawful
stalking, the person-
(a) uses or intentionally threatens to use, violence against anyone or
anyone's property; or(b) possesses a weapon within the
meaning of the Weapons Act 1990; or
(c) contravenes or intentionally threatens to contravene an injunction
or order imposed ormade by a court or tribunal under a law of
the Commonwealth or a State.Court may restrain unlawful stalking359F.
(1) This section applies on the hearing before a court of a charge
against a person of unlawfulstalking.
(2) Whether the person is found guilty or not guilty or the
prosecution ends in another way, if thepresiding judge or magistrate
considers it desirable, the judge or magistrate may constitute the
courtto consider whether a restraining order should be made
against the person.
(3) The judge or magistrate may act under subsection
(2) on application by the Crown or aninterested person or on the
judge's or magistrate's own initiative.
(4) Also, if the restraining order proceeding is started before the
Supreme Court or the DistrictCourt, the court may order the
proceeding to be transferred to a Magistrates Court.
ATTACHMENT 2
BigPond Technical Support
Inbox Disputed bill at DNB (TIO 10/152131) [Incident: 101017-001026] -
BigPond BigPond swirl Thanks for contacting us. One of our consultants
will contact you within .
Oct 17
me, postmaster (3)
Inbox Disputed bill at DNB (TIO 10/152131) - . my complaint to TIO and
TELSTRA support a dozen times Telstra has ignored all my emails and .
Oct 16
me, Mail (2)
Inbox NOW TELSTRA IS SENDING ME BILLS FOR PHONE NUMBERS I DON'T OWN -
.. misc.legal CC:tio.com.au,[email protected],[email protected],[email protected]
Dear Telstra, you keep sending me a bill for a phone number that is
not mine. 0400 710177 .
Aug 19
TIO Investigations Team
Inbox Thank you for your e-mail - . Telecommunications Industry
Ombudsman (TIO). We will contact you within five to seven working
days. If you require more immediate assistance, you may wish to call
us on .
Aug 19
TIO Investigations Team
Inbox Thank you for your e-mail - . Telecommunications Industry
Ombudsman (TIO). We will contact you within five to seven working
days. If you require more immediate assistance, you may wish to call
us on .
Aug 6
TIO, me (2)
Inbox TIO reference number 10/152131 - . Telecommunications Industry
Ombudsman (TIO) received on 05 July 2010 in relation to TIO reference
number 10/152131. As previously advised, the TIO handles complaints .
Aug 6
Unresolved, me (2)
Inbox TIO Reference Update 10/152131 [#8386R] - Dear Mr Cooper TIO
Reference: 10/152131 Thank you for your email to the
Telecommunications Industry Ombudsman (TIO) on 3 August 2010. Please
disregard my previous email .
Aug 4
Unresolved, me (2)
Inbox TIO Reference 10/152131 [#8386R] - . Telecommunications Industry
Ombudsman (TIO) on 3 August 2010. The TIO reference number for your
complaint is 10/152131 What to do about your complaint .
Aug 4
Unresolved, me (2)
Inbox RE: TIO Online Complaint Update Confirmation - 10/152131
[#805FH] - Dear Mr Cooper TIO reference: 10/152131 I refer to your
email dated 31 July 2010 The Telecommunications Industry Ombudsman
(TIO) is not able to assist you at this stage .
Aug 3
Unresolved Email
Inbox TIO Reference: [#8370K] - . Telecommunications Industry
Ombudsman (TIO) on 31 July 2010. The TIO reference number for your
complaint is 10/152131. You have told us that you have a complaint
with .
Aug 3
me, postmaster (2)
Inbox How about TELSTRA? NOTHING UP FRONT ----- PAY DOUBLE LATER!! -
NEWSGROUPS:aus.tv,aus.politics,aus.cars,aus.computers,aus.electronics,aus.general,aus.media-watch,aus.legal
How can $85 per month mean $85 per month TALLIED? $85 per month .
Aug 1
TIO
Inbox Thank you for your email - . Telecommunications Industry
Ombudsman (TIO). Due to the large number of emails we receive every
day we cannot respond immediately, however, we will contact you within
two .
Aug 1
CosMoS
Inbox TIO Online Complaint Update Confirmation - . Telecommunication
Industry Ombudsman (TIO) receives every day, we cannot respond
immediately. However, we will contact you within the next 5 working
days. If you require .
Jul 31
TIO Email
Inbox TIO reference 10/152131 [#547EJ] - Dear Mr Cooper TIO Reference
Number: 10/152131 Thank you for the copy of your email to Telstra,
sent to the Telecommunications Industry Ombudsman (TIO) on 28 June
2010. I .
Jun 28
TIO
Inbox Thank you for your email - . Telecommunications Industry
Ombudsman (TIO). Due to the large number of emails we receive every
day we cannot respond immediately, however, we will contact you within
two .
Jun 27
-----------------------------------------------------------------------------------------------------------------
THIS EMAIL AND THE RECIPIENTS IS PUBLISHED ON THE NEWSGROUPS
AUS.LEGAL, MISC.LEGAL, AUS.TV, AUS.POLITICS, AUS.COMPUTERS,
AUS.MEDIA-WATCH, AUS.ELECTRONICS, AUS.CARS, AUS.GENERAL
CC:tio <[email protected]>, TIO Investigations Team <[email protected]>,
support <[email protected]>, support <[email protected]>,
[email protected]
