We've frozen the T.A.P Chat so as to enjoy the (rest) long weekend.
Have a good day, Freedom Fighters, no matter why you do.
https://t.me/TheAustraliaProject
Have a good day, Freedom Fighters, no matter why you do.
https://t.me/TheAustraliaProject
Telegram
The Australia Project
The Watchmen are here and We See You. https://theaustraliaproject.org
๐17โค5
Forwarded from Victoria Channel (Red Blonde)
The first Australian cricket team to ever tour England in 1868 consisted of entirely Aboriginal cricketers.
This is one of the many things we should be celebrating on Australia Day.
Cricket Australia are not "supporting" Australians with indigenous heritage by promoting a culture of victimhood - they are causing them harm.
This is one of the many things we should be celebrating on Australia Day.
Cricket Australia are not "supporting" Australians with indigenous heritage by promoting a culture of victimhood - they are causing them harm.
๐61๐ฏ17โค9โคโ๐ฅ2๐คฏ1
Forwarded from COLE THE SOCIOLOGIST
GOOD SHEPHERD LOANS.
This is a government initiative.
We may as well make them useful.
DESCRIPTION.
Alongside NILs for Vehicles, loans of up to $3000 are available for individuals on low incomes and women impacted by family and domestic violence.
NILs loans are available to individuals and families who:
๐นearn less than $70,000 gross annually as a single person
๐น$100,000 gross as a couple or person with dependants
๐นhave experienced family or domestic violence in the last 10 years,
or
๐นhave a Health Care Card or Pension Card.
โThe no-fee, no-interest loans provide a vital boost to help get people on the road and undertake activities that contribute to their wellbeing.โ
https://ministers.dss.gov.au/media-releases/11631
To find a NILs provider near you go to the Services Near Me page on the Good Shepherd Australia New Zealand website or call 13 64 57.
https://goodshep.org.au/services/nils/
Hang in there.
๐
Cole the Sociologist.
โ๐
This is a government initiative.
We may as well make them useful.
DESCRIPTION.
Alongside NILs for Vehicles, loans of up to $3000 are available for individuals on low incomes and women impacted by family and domestic violence.
NILs loans are available to individuals and families who:
๐นearn less than $70,000 gross annually as a single person
๐น$100,000 gross as a couple or person with dependants
๐นhave experienced family or domestic violence in the last 10 years,
or
๐นhave a Health Care Card or Pension Card.
โThe no-fee, no-interest loans provide a vital boost to help get people on the road and undertake activities that contribute to their wellbeing.โ
https://ministers.dss.gov.au/media-releases/11631
To find a NILs provider near you go to the Services Near Me page on the Good Shepherd Australia New Zealand website or call 13 64 57.
https://goodshep.org.au/services/nils/
Hang in there.
๐
Cole the Sociologist.
โ๐
Good Shepherd
No Interest Loans (NILs) โ Good Shepherd
Borrow up to $2000 for: Household items (fridge, washing machine, furniture + more) Education fees & equipment Computers & laptops (up to $2000 limit) Phone, tablet and all other electronic devices (up to $1000 limit) Car repairs Medical & dental costsโฆ
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Welcome back! Hope you enjoyed your long weekend break. For many it was just another day so however you enjoyed your last three days we trust you had a good time. Can you believe it is Monday 29th Jan already. Nearly one month of 2024 has already gone by. What have you got planned for the rest of the year?
We're still busy helping our originals create their Sovereign Nations so plenty of work still to be done.
We're still busy helping our originals create their Sovereign Nations so plenty of work still to be done.
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A SIGNIFICANT WIN!
Take a look.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
https://t.me/TheAustraliaProject
Take a look.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
https://t.me/TheAustraliaProject
www.austlii.edu.au
Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2 (15 January 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
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Finally the atrocities of this evil man Jeffrey Epstein is coming out on MSM for people to see and hear. I guess to help wake up a few more sleepy people to what is really going on in this evil world. Let's see if they portray it for what it really is.
https://www.9now.com.au/60-minutes/season-2024/episode-1
https://www.9now.com.au/60-minutes/season-2024/episode-1
www.9now.com.au
60 Minutes Season 2024 Ep 1 Acting For Real, The Power Of One, Watch TV Online
Aussie actor Madeleine Westโs toughest part ever. Her real-life role in helping police snare a monster; plus, can Donald Trump really make it back to the White House?
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For those of you who are interested in the DNA and frequency. This is pretty cool.
https://vt.tiktok.com/ZSFdWbyAv/
https://vt.tiktok.com/ZSFdWbyAv/
TikTok
TikTok ยท Mindset Elevation
24.3K likes, 662 comments. โTerrence Howard,Audience left speechless!โ
โค8๐7๐1
Forwarded from COLE THE SOCIOLOGIST
๐FOR YOUR CONSIDERATION๐
Workers Compensation Act 1987 No 70 [N.S.W]
9B No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
(1) No compensation is payable under this Act in respect of an injury that consists of, is caused by, results in or is associated with a heart attack injury or stroke injury unless the nature of the employment concerned gave rise to a significantly greater risk of the worker suffering the injury than had the worker not been employed in employment of that nature.
(2) In this sectionโ heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated withโ
(a) any heart attack, or
(b) any myocardial infarction, or
(c) any myocardial ischaemia, or
(d) any angina, whether unstable or otherwise, or
(e) any fibrillation, whether atrial or ventricular or otherwise, or
(f) any arrhythmia of the heart, or
(g) any tachycardia, whether ventricular, supra ventricular or otherwise, or
(h) any harm or damage to such a blood vessel or to any associated plaque, or
(i) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(j) any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(k) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(l) any haemorrhage from such a blood vessel, or
(m) any aortic dissection, or
(n) any consequential physical harm or damage, including harm or damage to the brain, or
(o) any consequential mental harm or damage.
stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated withโ
(a) any stroke, or
(b) any cerebral infarction, or
(c) any cerebral ischaemia, or
(d) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(e) any subarachnoid haemorrhage, or
(f) any haemorrhage from such a blood vessel, or
(g) any harm or damage to such a blood vessel or to any associated plaque, or
(h) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(i) any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(j) any consequential physical harm or damage, including neurological harm or damage, or
(k) any consequential mental harm or damage.
5.3.6 CUMULATIVE ANALYSIS OF POST-AUTHORIZATION ADVERSE EVENT
REPORTS OF PF-07302048 (BNT162B2) RECEIVED THROUGH 28-FEB-2021
Report Prepared by:
Worldwide Safety
Pfizer
APPENDIX 1. LIST OF ADVERSE EVENTS OF SPECIAL INTEREST.
Myocardial infarction
Myocarditis
Myocarditis post infection
Autoimmune myocarditis
Immune-mediated myocarditis
Lupus myocarditis
Arrhythmia
Tachycardia
Postural orthostatic tachycardia syndrome
Arterial bypass occlusion
Retinal artery occlusion
Retinal vein occlusion
Haemorrhage
Haemorrhagic vasculitis
Stroke
Thrombotic stroke
Cerebral infarction
Embolic cerebral infarction
Subarachnoid haemorrhage
Arterial bypass occlusion
Retinal artery occlusion
Retinal vein occlusion
Neurological AESIs (including demyelination)
Herpes zoster infection neurological
Overall, there were 68 cases with co-reported A.Es (adverse events) reporting Harm
Mental harm = Focal dyscognitive seizures, Postictal psychosis,
For 'alteration of blood' SEE: Dr. David Nixon.
Did the nature of your employment (e.g: P.H.O; Georgina Harrisson's/principals' directions) result in a significantly greater risk..?
Cole the Sociologist
๐โก๏ธ
https://t.me/TheAustraliaProject
Workers Compensation Act 1987 No 70 [N.S.W]
9B No compensation for heart attack or stroke unless nature of employment results in significantly greater risk
(1) No compensation is payable under this Act in respect of an injury that consists of, is caused by, results in or is associated with a heart attack injury or stroke injury unless the nature of the employment concerned gave rise to a significantly greater risk of the worker suffering the injury than had the worker not been employed in employment of that nature.
(2) In this sectionโ heart attack injury means an injury to the heart, or any blood vessel supplying or associated with the heart, that consists of, is caused by, results in or is associated withโ
(a) any heart attack, or
(b) any myocardial infarction, or
(c) any myocardial ischaemia, or
(d) any angina, whether unstable or otherwise, or
(e) any fibrillation, whether atrial or ventricular or otherwise, or
(f) any arrhythmia of the heart, or
(g) any tachycardia, whether ventricular, supra ventricular or otherwise, or
(h) any harm or damage to such a blood vessel or to any associated plaque, or
(i) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(j) any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(k) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(l) any haemorrhage from such a blood vessel, or
(m) any aortic dissection, or
(n) any consequential physical harm or damage, including harm or damage to the brain, or
(o) any consequential mental harm or damage.
stroke injury means an injury to the brain, or any of the blood vessels supplying or associated with the brain, that consists of, is caused by, results in or is associated withโ
(a) any stroke, or
(b) any cerebral infarction, or
(c) any cerebral ischaemia, or
(d) any rupture of such a blood vessel, including any rupture of an aneurism of such a blood vessel, or
(e) any subarachnoid haemorrhage, or
(f) any haemorrhage from such a blood vessel, or
(g) any harm or damage to such a blood vessel or to any associated plaque, or
(h) any impairment, disturbance or alteration of blood, or blood circulation, within such a blood vessel, or
(i) any occlusion of such a blood vessel, whether the occlusion is total or partial, or
(j) any consequential physical harm or damage, including neurological harm or damage, or
(k) any consequential mental harm or damage.
5.3.6 CUMULATIVE ANALYSIS OF POST-AUTHORIZATION ADVERSE EVENT
REPORTS OF PF-07302048 (BNT162B2) RECEIVED THROUGH 28-FEB-2021
Report Prepared by:
Worldwide Safety
Pfizer
APPENDIX 1. LIST OF ADVERSE EVENTS OF SPECIAL INTEREST.
Myocardial infarction
Myocarditis
Myocarditis post infection
Autoimmune myocarditis
Immune-mediated myocarditis
Lupus myocarditis
Arrhythmia
Tachycardia
Postural orthostatic tachycardia syndrome
Arterial bypass occlusion
Retinal artery occlusion
Retinal vein occlusion
Haemorrhage
Haemorrhagic vasculitis
Stroke
Thrombotic stroke
Cerebral infarction
Embolic cerebral infarction
Subarachnoid haemorrhage
Arterial bypass occlusion
Retinal artery occlusion
Retinal vein occlusion
Neurological AESIs (including demyelination)
Herpes zoster infection neurological
Overall, there were 68 cases with co-reported A.Es (adverse events) reporting Harm
Mental harm = Focal dyscognitive seizures, Postictal psychosis,
For 'alteration of blood' SEE: Dr. David Nixon.
Did the nature of your employment (e.g: P.H.O; Georgina Harrisson's/principals' directions) result in a significantly greater risk..?
Cole the Sociologist
๐โก๏ธ
https://t.me/TheAustraliaProject
Telegram
The Australia Project
The Watchmen are here and We See You. https://theaustraliaproject.org
๐ค9โค7๐6
Forwarded from COLE THE SOCIOLOGIST
โญ๏ธWE WON IN THE SUPREME COURT OF APPEALS!โญ๏ธ
Back in 2021, we'd have referred to this as 'TEST CASE 3'.
Secretary, Department of Education v Dawking
[2024] NSWCA 4
Court of Appeal Supreme Court, New South Wales
Conclusion
[98] The appeal has failed.
There is no reason why the Department should not pay the workerโs costs: Uniform Civil Procedure Rules 2005 (NSW), r 42.1.
[99] (1) Appeal dismissed.
(2) Appellant to pay the respondentโs costs.
The Personal Injury Commission (P.I.C) constituted by a Member determined that Ms Dawking sustained a psychological injury on 27 August 2021 arising out of or in the course of her employment, and that her employment was the main contributing factor to the injury, within the meaning of s 4(b)(i) of the Workers Compensation Act 1987 (NSW) (1987 Act).
The Department appealed that decision,
claiming two errors of law:
1. the misapplication of relevant legal principle with respect to causation of injury,
2. the constructive failure to exercise jurisdiction by failing to respond to a substantial, clearly articulated argument with respect to causation of injury.
Neither were upheldโก๏ธโก๏ธ
The Department lost all appeals, ultimately reaching the (NSW) Supreme Court of Appealโก๏ธโก๏ธ
Then, they lost again and for the final timeโก๏ธโก๏ธ
Here are some highlights of this crushing defeat for the Department of Education:
๐๐ป[10] The Department did not challenge the medical evidence relied upon by the worker.
๐๐ป[34] In this case, the notice of appeal was deficient.
The appeal grounds did not identify asserted errors โin point of lawโ...
๐๐ป[36] The questions of law in the amended grounds of appeal were inelegantly drafted.
๐คฃWHAT A FLOGGING๐คฃ
We'd like to thank the following people:
๐ 'The Gorgon' Georgina Harrisson (then Secretary of Education N.S.W) for her foul smell and inelegant and deficient misconduct. We'll see if our mate, lil' momma's boy Darly Currie (or P.E.S) will investigate you for misconduct (we hear he loves to bully women).
๐ชฑPaul 'Woody' Wood, for being woodless, and his ineptitude in facilitating the very remote learning he earnt his doctorate for. Nice one champ!
๐ทThe Crown Solicitors for bleeding the D.o.E of so much money and bungling this entire crapshow and leaving Hall and Wilcox with an indefensible void to represent (there no error in law or fact). They took your money. Cheers.
๐ฉThe Principals Associations/Councils for their undying rot and foreclosure of appropriate communication as they denied obvious risk of harm (SEE: Recklessness) and made sneaky (Friday night) phone calls and enabled the ugly harassment in the name of a death needle. Well done, we'll be seeing you soon (SEE: damages)...
REAL AWARD OF (ETERNALl) THANKS GO TO:
โจDynamic Dave McCabe (solicitor) for first locating this area of (W.C) law on a beach somewhere in a chance meeting with a rockin' original N.E.W member (you know who you are) back in 2021! You rockโ
โจDoddy the Destroyer (Barrister) John Dodds, who tore through these parasites with intelligent force, with an especially enjoyable slamming of Pull Woody! Love your workโ
โจThe two other brave women (White and Davis) who released their names as the (2/3) 'TEST CASES', which saw this IRREVERSIBLE CASE (PRECEDENT) LAW sewn into the fabric of history!
We salute youโ
โจTo the education workers, across Australia (though it was we in N.S.W who started it all), who have suffered and struggled, as they sought preservation of their honoured careers and safety in law for their sacrifice and held belief in good. Righteous, you areโ
๐ซDianne Dawking, for whom this is a personal victory yet one representative of thousands of others' hopes and right for justice. For you, this day is particularly dedicated. Much love and powerโ
๐
You'll find the full (Supreme) Court of Appeal judgement, below, folks.
Feel free to download it (as it is on public record) and shed as many tears of joy as I have.
Today we (all) won!
Tomorrow, we will win some more...
Justice has prevailed!
National Education Workers (N.E.W).
๐โก๏ธ
Back in 2021, we'd have referred to this as 'TEST CASE 3'.
Secretary, Department of Education v Dawking
[2024] NSWCA 4
Court of Appeal Supreme Court, New South Wales
Conclusion
[98] The appeal has failed.
There is no reason why the Department should not pay the workerโs costs: Uniform Civil Procedure Rules 2005 (NSW), r 42.1.
[99] (1) Appeal dismissed.
(2) Appellant to pay the respondentโs costs.
The Personal Injury Commission (P.I.C) constituted by a Member determined that Ms Dawking sustained a psychological injury on 27 August 2021 arising out of or in the course of her employment, and that her employment was the main contributing factor to the injury, within the meaning of s 4(b)(i) of the Workers Compensation Act 1987 (NSW) (1987 Act).
The Department appealed that decision,
claiming two errors of law:
1. the misapplication of relevant legal principle with respect to causation of injury,
2. the constructive failure to exercise jurisdiction by failing to respond to a substantial, clearly articulated argument with respect to causation of injury.
Neither were upheldโก๏ธโก๏ธ
The Department lost all appeals, ultimately reaching the (NSW) Supreme Court of Appealโก๏ธโก๏ธ
Then, they lost again and for the final timeโก๏ธโก๏ธ
Here are some highlights of this crushing defeat for the Department of Education:
๐๐ป[10] The Department did not challenge the medical evidence relied upon by the worker.
๐๐ป[34] In this case, the notice of appeal was deficient.
The appeal grounds did not identify asserted errors โin point of lawโ...
๐๐ป[36] The questions of law in the amended grounds of appeal were inelegantly drafted.
๐คฃWHAT A FLOGGING๐คฃ
We'd like to thank the following people:
๐ 'The Gorgon' Georgina Harrisson (then Secretary of Education N.S.W) for her foul smell and inelegant and deficient misconduct. We'll see if our mate, lil' momma's boy Darly Currie (or P.E.S) will investigate you for misconduct (we hear he loves to bully women).
๐ชฑPaul 'Woody' Wood, for being woodless, and his ineptitude in facilitating the very remote learning he earnt his doctorate for. Nice one champ!
๐ทThe Crown Solicitors for bleeding the D.o.E of so much money and bungling this entire crapshow and leaving Hall and Wilcox with an indefensible void to represent (there no error in law or fact). They took your money. Cheers.
๐ฉThe Principals Associations/Councils for their undying rot and foreclosure of appropriate communication as they denied obvious risk of harm (SEE: Recklessness) and made sneaky (Friday night) phone calls and enabled the ugly harassment in the name of a death needle. Well done, we'll be seeing you soon (SEE: damages)...
REAL AWARD OF (ETERNALl) THANKS GO TO:
โจDynamic Dave McCabe (solicitor) for first locating this area of (W.C) law on a beach somewhere in a chance meeting with a rockin' original N.E.W member (you know who you are) back in 2021! You rockโ
โจDoddy the Destroyer (Barrister) John Dodds, who tore through these parasites with intelligent force, with an especially enjoyable slamming of Pull Woody! Love your workโ
โจThe two other brave women (White and Davis) who released their names as the (2/3) 'TEST CASES', which saw this IRREVERSIBLE CASE (PRECEDENT) LAW sewn into the fabric of history!
We salute youโ
โจTo the education workers, across Australia (though it was we in N.S.W who started it all), who have suffered and struggled, as they sought preservation of their honoured careers and safety in law for their sacrifice and held belief in good. Righteous, you areโ
๐ซDianne Dawking, for whom this is a personal victory yet one representative of thousands of others' hopes and right for justice. For you, this day is particularly dedicated. Much love and powerโ
๐
You'll find the full (Supreme) Court of Appeal judgement, below, folks.
Feel free to download it (as it is on public record) and shed as many tears of joy as I have.
Today we (all) won!
Tomorrow, we will win some more...
Justice has prevailed!
National Education Workers (N.E.W).
๐โก๏ธ
๐52๐12โค11
Forwarded from National Education Workers (Cole the Sociologist)
Court of Appeal Judgement dated 31.01.24.pdf
703.8 KB
Secretary, Department of Education v Dawking
[2024] NSWCA 4
Court of Appeal Supreme Court, New South Wales
[2024] NSWCA 4
Court of Appeal Supreme Court, New South Wales
Forwarded from National Education Workers (Cole the Sociologist)
Special mention to Red Union for doing nothing, for anyone we know, and contributing nothing to this victory
&
Christian 'Mack' Marchegianni for trying to destroy the teacher movement and failing as a human and a leader.
Gee, I'm glad I called you out.
Cheers.
๐พ
Cole the Sociologist.
&
Christian 'Mack' Marchegianni for trying to destroy the teacher movement and failing as a human and a leader.
Gee, I'm glad I called you out.
Cheers.
๐พ
Cole the Sociologist.
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Don't let them get away with it!!!
https://www.brighteon.com/26365e0a-347e-4b82-930c-9590a686aada
https://www.brighteon.com/26365e0a-347e-4b82-930c-9590a686aada
Brighteon
Mistakes Were Not Made
A poem for today by Margaret Anna Alice.Music and video by A Distant Mirror.Through the Looking Glass: margaretannaalice.substack.comA Distant Mirror: adistantmirror.com
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Do you really know what's in those energy drinks?
How many of you know people, especially young people that love to drink these energy drinks, thinking that they're good for them?
Share this video with them or do your own testing to see whats in them. ๐๐๐
How many of you know people, especially young people that love to drink these energy drinks, thinking that they're good for them?
Share this video with them or do your own testing to see whats in them. ๐๐๐
๐6โค4
Forwarded from Disclosure Library (Disclosure Library Group)
This media is not supported in your browser
VIEW IN TELEGRAM
๐คฎ21๐ฏ6๐5โค2
Forwarded from COLE THE SOCIOLOGIST
Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2.
CASE NO/S: ET-22-02574
JUDGMENT OF: His Honour Deputy President Judge Calligeros
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
CATCHWORDS: The applicant seeks review of a decision to reject his claim for compensation for pericarditis due to having a third dose of COVID-19 vaccine.
The respondent admits that the vaccine caused pericarditis but says that the injection did not arise from employment but from a lawful State Government vaccination directive.
In the alternative the respondent says that any liability for any injury is excluded by legislation.
HELD:
1. The injury arose as a result of both a vaccination mandate and the applicantโs employment - Section 7 of the Return to Work Act 2014 requires that employment be a significant contributing cause of a work injury, not its only or most significant cause โ Section 7 is satisfied.
2. Section 32A of the Emergency Management Act 2004 (SA) (EM Act) does not prohibit the claim as the language of s 32A does not unmistakably and unambiguously lead to that conclusion.
Rejecting the claim does not achieve the objects of the EM Act.
CASE LAW:
Dawking v Secretary (Department of Education) [2022] NSWPIC 611 Secretary
Department of Education v Dawking [2023] NSWPICPD 23
1. Daniel Shepherd was required to have a third dose of COVID-19 vaccine if he wished to continue performing work as a child and youth support worker employed by the Department for Child Protection (DCP).
The following day he experienced chest pain which grew steadily worse over the next few weeks.
2. The State now admits that the third dose of the vaccine resulted in Mr Shepherd caused the injury and incapacity for work.
41. In Dawking v Secretary (Department of Education), [11] the NSW Personal Injury Commission held that an email sent to the applicant which anticipated a direction that school-teachers would need to be vaccinated against COVID-19 caused the applicant to sustain a compensable psychiatric injury. The email was inaccurate in that it included teachers who did not teach on a face-to-face basis and were not subject to the direction. The email also failed to advise that a teacher could take leave if they did not wish to be vaccinated. On appeal, Wood DP distinguished Bjekic on the basis that the applicant in that case would have breached a public health order if he had not worn a face mask whilst there would have been no breach of a public health order on the facts in Dawking.
52. In Metropolitan Water Sewerage & Drainage Board v O.K. Elliott Ltd, 29 Starke J described the following principle: [30] Statutory powers must be exercised โwith reasonable regard to the rights of other people,โ and if an act is done in excess of the statutory power, or carelessly or negligently, then the person injured can put in force the ordinary legal remedy by action in the Courts of law.
Cole the Sociologist
๐โ
CASE NO/S: ET-22-02574
JUDGMENT OF: His Honour Deputy President Judge Calligeros
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
CATCHWORDS: The applicant seeks review of a decision to reject his claim for compensation for pericarditis due to having a third dose of COVID-19 vaccine.
The respondent admits that the vaccine caused pericarditis but says that the injection did not arise from employment but from a lawful State Government vaccination directive.
In the alternative the respondent says that any liability for any injury is excluded by legislation.
HELD:
1. The injury arose as a result of both a vaccination mandate and the applicantโs employment - Section 7 of the Return to Work Act 2014 requires that employment be a significant contributing cause of a work injury, not its only or most significant cause โ Section 7 is satisfied.
2. Section 32A of the Emergency Management Act 2004 (SA) (EM Act) does not prohibit the claim as the language of s 32A does not unmistakably and unambiguously lead to that conclusion.
Rejecting the claim does not achieve the objects of the EM Act.
CASE LAW:
Dawking v Secretary (Department of Education) [2022] NSWPIC 611 Secretary
Department of Education v Dawking [2023] NSWPICPD 23
1. Daniel Shepherd was required to have a third dose of COVID-19 vaccine if he wished to continue performing work as a child and youth support worker employed by the Department for Child Protection (DCP).
The following day he experienced chest pain which grew steadily worse over the next few weeks.
2. The State now admits that the third dose of the vaccine resulted in Mr Shepherd caused the injury and incapacity for work.
41. In Dawking v Secretary (Department of Education), [11] the NSW Personal Injury Commission held that an email sent to the applicant which anticipated a direction that school-teachers would need to be vaccinated against COVID-19 caused the applicant to sustain a compensable psychiatric injury. The email was inaccurate in that it included teachers who did not teach on a face-to-face basis and were not subject to the direction. The email also failed to advise that a teacher could take leave if they did not wish to be vaccinated. On appeal, Wood DP distinguished Bjekic on the basis that the applicant in that case would have breached a public health order if he had not worn a face mask whilst there would have been no breach of a public health order on the facts in Dawking.
52. In Metropolitan Water Sewerage & Drainage Board v O.K. Elliott Ltd, 29 Starke J described the following principle: [30] Statutory powers must be exercised โwith reasonable regard to the rights of other people,โ and if an act is done in excess of the statutory power, or carelessly or negligently, then the person injured can put in force the ordinary legal remedy by action in the Courts of law.
Cole the Sociologist
๐โ
www.austlii.edu.au
Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2 (15 January 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
โค18๐11๐4๐1
Forwarded from COLE THE SOCIOLOGIST
Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
CONTINUED...
53. In Coco v The Queen, [31] four High Court Justices said the following:
The courts should not impute to the legislature an intention to interfere with fundamental rights.
Such an intention must be clearly manifested by unmistakable and unambiguous language.
๐ฅ55. It follows that a statutory power which interferes with fundamental rights, freedoms or immunities must be carefully construed and a strict or jealous interpretation adopted. The language of the provision must be analysed in the context of the Act as a whole to see whether the provision authorises the exercise of power in question.๐ฅ
59. While liabilities under the RTW Act are statutory in origin, they can be classified as civil when they award compensation, or criminal when they create an offence.
60. I am not satisfied that Parliament intended s 32A to take precedence over a valid RTW Act claim.
63. Private sector employees not subject to the EM Act vaccination directions but nonetheless required by their employer to be vaccinated are not prevented from claiming compensation for vaccination related injuries.
67. It would be astonishing if Parliament intended that an employee of the State, injured adhering to an EM Act direction, was to be precluded from receiving workers compensation.
69. It would be ironic and unjust if Mr Shepherd was denied financial and medical support by complying with the Stateโs desire to preserve public health.
Cole the Sociologist
๐โ
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
CONTINUED...
53. In Coco v The Queen, [31] four High Court Justices said the following:
The courts should not impute to the legislature an intention to interfere with fundamental rights.
Such an intention must be clearly manifested by unmistakable and unambiguous language.
๐ฅ55. It follows that a statutory power which interferes with fundamental rights, freedoms or immunities must be carefully construed and a strict or jealous interpretation adopted. The language of the provision must be analysed in the context of the Act as a whole to see whether the provision authorises the exercise of power in question.๐ฅ
59. While liabilities under the RTW Act are statutory in origin, they can be classified as civil when they award compensation, or criminal when they create an offence.
60. I am not satisfied that Parliament intended s 32A to take precedence over a valid RTW Act claim.
63. Private sector employees not subject to the EM Act vaccination directions but nonetheless required by their employer to be vaccinated are not prevented from claiming compensation for vaccination related injuries.
67. It would be astonishing if Parliament intended that an employee of the State, injured adhering to an EM Act direction, was to be precluded from receiving workers compensation.
69. It would be ironic and unjust if Mr Shepherd was denied financial and medical support by complying with the Stateโs desire to preserve public health.
Cole the Sociologist
๐โ
www.austlii.edu.au
Shepherd v The State of South Australia (in right of the Department for Child Protection) [2024] SAET 2 (15 January 2024)
Australasian Legal Information Institute (AustLII), a joint facility of UTS and UNSW Faculties of Law.
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