19:22 Fri 29 Feb 2008				REF: BFSACCN4
					Y/R: BFSO-77N347 Case 91039
TO:	Darren HEXTER		cc	Joe HOCKEY MP North Sydney 
	Case Officer			Goldsmiths Lawyers 
 	BANKING AND FINANCIAL 		OIC Mgt Cmt
	SERVICES OMBUDSMAN 		Barbara KLEIST
	GPO Box 3			Commonwealth Bank
	MELBOURNE  3001			F: 1800-028-542
	F: {61}(3) 9613-7345

    RESPONSE BSFO LETTER RE CBA COMPLAINT DATED 31 JAN 2008

Dear Mr HEXTER

Thank you for your speedy response 31 Jan 2008 to our letter 27 Jan 2008
re the unresolved dispute with Commonwealth Bank.

In addition thank you for a more reasonable timeframe from 31 Jan 2008 to 
07 Mar 2008 rather than 30 Nov 2007 to 31 Dec 2007.

It is difficult to contact people over the last two (2) weeks before
Christmas and the one (1) week between Christmas and the New Year hence
the full 5 weeks to respond is much appreciated.

We understand that your letter has not said that you will re-open the case 
only "consider whether it is possible to re-open the case."
  
Our claim to re-open the case is that  the Commonwealth Bank has only ever
offered $ 200.00 as compensation and not considered any other figure or 
type of offer.  

As your letter states "the purpose of any award of compensation is to 
restore an individual to the position they were prior to a bank error".

We wrote to the Commonwealth Bank to point out that the OIC was only 
seeking to restore its web-pages back to the same position whereby members
and event registration by Credit Card or Direct Credit to the new 
Commonwealth Bank account number was restored.

The Commonwealth Bank has not changed its offer of $ 200.00

Our response to your letter:

A	Exceptional Circumstances
B	Expert Advice of Legal and IT Professionals
C	Response to your questions
		1	Itemised Legal Invoice
		2	Committee Costs
		3	Documentation re web redevelopment costs
		4	Dispute resolution with TIO
D	Next Steps

A	EXCEPTIONAL CIRCUMSTANCES

We believe that there are exceptional circumstances to re-open this case
including:

1 	The OIC has not been able to trade for nearly 12 months due to the 
	unlawful closure of the OIC web-site by its Internet Service 
	Provider [ISP]

2 	The time that BSFO wrote requesting a response by the 31 Dec 2007 
	was when there was intense communications between ourselves and the
	TIO over the unlawful closure of the OIC account and theft of 
	Intellectual property by the Internet Service provider [ISP] Pacific 
	Internet.

3 	OIC members were re-building another website for the "Kids Safe-at-Sport
	Network"
	 

4 	The OIC had not been able to re-establish its Electronic Committee 
	Information Management processes until over the Christmas/New Year
	period

B	EXPERT ADVICE OF PROFESSIONALS

Whilst this dispute does not involve complex financial data, Peter AXTENS LLb 
presently temporary retired and a past Vice President of the United Nations
Association of NSW and the sole practioner of Axtens & Co, has been providing 
some Legal Advice and I have been providing expert IT advice.

I am an eCommerce consultant and the Principal Information Architect for the
OIC and its attendant and integrated web-sites.

In Jun 2004 I was called to give Expert Evidence to the Senate Inquiry into 
the Australian - United States Free Trade Agreement [Aus-USA FTA] following
the OIC Submissions number 391 and 391a (att A - copy Submission references 
Senate Inquiry Aus-USA FTA) 

In Dec 2004 I was asked by the Author of the United Nations eCommerce 
Strategy for the Asia-Pacific region to review and comment on the 
Powerpoint presentation for that strategy

My fees have been incurred to explain the issues when an organisation 
is totally dependant to trade and bank on an on-line web site.

C	FURTHER INFORMATION YOU REQUIRED

The further Information you required

1	 ITEMISED LEGAL INVOICE.

	Please find attached the Time recording system which itemised the 
	time spent on this issue in October 2007 {Att B}.  

	At this stage Peter AXTENS LLb who has been advising the OIC and the 
	OIC "Kids Safe-at-Sport Network" has not yet provided an invoice

2 	COMMITTEE COSTS

These costs are listed in the Electronic Committee papers as per attached 
summary of the Kids Safe-at-Sport Committee meetings.

3 	DOCUMENTATION RE WEB-DEVELOPMENT SITE COSTS

Please find attached the web-pages that show which bank-card details and direct
credit web-pages have to be changed {Att C - example Direct Credit web-page}

4 	TIO DISPUTE

Please find attached the dispute time recording record with the TIO 
{Att D - record TIO communication}.

A copy of the TIO initial resolution is attached whereby they agree that 
the ISP should have kept a record of who alleged there was a complaint about 
Spam email {Att E - copy TIO Report 23 Dec 2007}.

The TIO resolution was that the ISP would clear the account as a resolution 
to the fact that the ISP had unlawfully closed down the OIC account

However we pointed out that the ISP owed the OIC money as our contention 
is that the ISP had been falsifying its accounts and unjustifiably closing 
down the OIC web-site with the intention to force further payments.

The TIO resolution to the dispute is being re-examined.

NEXT STEPS

We trust that this is a sufficient and adequate response for BSFO to re-open 
the case against the Commonwealth Bank.

Indeed we would entreat the Commonwealth bank to consider sponsoring the
"Kids Safe-at Sport Network" as a way to resolve this issue and enable 
local Junior Sports Clubs to comply with the Child Protection legislation.

Please review the attached article SMH 27 Aug 2006 "Child Protection forms 
signed, sealed and ignored" {Att F - SMH Article 27 Aug 2006}.

It was this article that prompted OIC members to establish and develop the
"Kids Safe-at-Sport Network" as an local eCommunity project.

Thank you

Stephen GOULD				Peter AXTENS LLb
Public Officer				Legal Compliance Officer
OPEN INTERCHANGE CONSORTIUM		KIDS SAFE-AT-SPORT

E:	stephen.gould@ksas-au.net	
M:	0416-009-468