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
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Forwarded from Disclosure Library (Disclosure Library Group)
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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.
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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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Forwarded from COLE THE SOCIOLOGIST
SHEPHERD,_Daniel_v_The_State_of_Sth_Aust_SOUTH_AUSTRALAIN_EMPLOYMENT.pdf
933.7 KB
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
The complete document.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
CASE NO/S: ET-22-02574
JUDGMENT OF: His Honour Deputy President Judge Calligeros
The complete document.
https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/2.html
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This is interesting however the major part about councils starts at about 20 minute mark.
Take a listen...
https://rumble.com/v49qz99-australian-councils-scandal.html
Take a listen...
https://rumble.com/v49qz99-australian-councils-scandal.html
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Forwarded from Stand-Up Australia
TOMORROW๐ฅ
Convoys from many major centres will be converging on Canberra on Tuesday 6 February. Are you going too?
Our farmers will be there protesting the net zero policy our government holds so dear, and many others will be there too, discussing (not so green) renewables and why itโs RECKLESS to go down this path while the technology isnโt there yet.
Check this Facebook page to get all the locations/updates ๐
Convoys from many major centres will be converging on Canberra on Tuesday 6 February. Are you going too?
Our farmers will be there protesting the net zero policy our government holds so dear, and many others will be there too, discussing (not so green) renewables and why itโs RECKLESS to go down this path while the technology isnโt there yet.
Check this Facebook page to get all the locations/updates ๐
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ABC drag story time cancelled due to public backlash
You see when more and more people stand up for what they want and don't want, then things start to happen. Good result on this one.
Drag shows are adult entertainment NOT children's story time
https://www.dailytelegraph.com.au/news/nsw/abc-cancels-controversial-drag-queen-story-hour-for-kids-after-hateful-response/news-story/a89e56cb42fb77683de116dd8c0a9373
You see when more and more people stand up for what they want and don't want, then things start to happen. Good result on this one.
Drag shows are adult entertainment NOT children's story time
https://www.dailytelegraph.com.au/news/nsw/abc-cancels-controversial-drag-queen-story-hour-for-kids-after-hateful-response/news-story/a89e56cb42fb77683de116dd8c0a9373
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Social media is grooming children - sexualising, child trafficking, children bullied on social media to the point of death, children exploited.
Parents, adults, teachers it's time to make a stand. STOP being afraid to rock the boat. ROCK THE BOAT and speak up about how wrong this is for children.
STOP the child transitioning. STOP the grooming. STOP the child trafficking.
STOP the ROT.
https://twitter.com/elonmusk/status/1754691533931168038?s=46&t=ABBw0yrEMbiv5ngd_Cmc9A
Here is the full link video
https://rumble.com/v4b6mju-the-war-on-children-unlisted-provided-for-war-room-patriots-robby-and-lando.html
Parents, adults, teachers it's time to make a stand. STOP being afraid to rock the boat. ROCK THE BOAT and speak up about how wrong this is for children.
STOP the child transitioning. STOP the grooming. STOP the child trafficking.
STOP the ROT.
https://twitter.com/elonmusk/status/1754691533931168038?s=46&t=ABBw0yrEMbiv5ngd_Cmc9A
Here is the full link video
https://rumble.com/v4b6mju-the-war-on-children-unlisted-provided-for-war-room-patriots-robby-and-lando.html
X (formerly Twitter)
Elon Musk (@elonmusk) on X
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Forwarded from COLE THE SOCIOLOGIST
โผ๏ธ๐WE WON๐โผ๏ธ
PRIDGEON, G.A, & O'DEA V THE CROWN.
๐The fine, fierce, and brave people who have fought so hard ARE FINALLY VICTORIOUS๐
๐The evil forces behind the apparent PAEDOPHILE PROTECTION NETWORK have been DEFEATED (nearly)๐
โผ๏ธNow WE HAVE IDENTIFIED THE BAD PLAYERSโผ๏ธ
โผ๏ธNow WE HAVE MEASURED THEIR BEHAVIOURSโผ๏ธ
โผ๏ธNow WE HAVE DOCUMENTED THEIR ATTEMPTSโผ๏ธ
โผ๏ธSoon WE WILL BRING THEM TO JUSTICEโผ๏ธ
SPECIAL CONGRATULATIONS TO:
โก๏ธDr. Russell Pridgeon who was brave enough to stand strong and true, sacrificing his professional life for the children he saw saved!
โก๏ธPatrick O'Dea for having the guts to fight for the vulnerable no matter the cost!
โก๏ธA.G for your heart and courage in defending the young!
โก๏ธPastor Paul Robert Burton for his indefatigable spirit and advocacy
โก๏ธGraeme Bell as his solid knowledge of law and court strategy
โก๏ธDee McLachlan, the wise and tenacious journo and protector
โก๏ธThe rest of the team (we promise we'll promote your valiant actions once your consent is gained)
โก๏ธThe O.S.A.R.C CROWDS who attended and bore witness, thus applying the extra pressure to see the bad guys break!
๐ฅWE'RE WINNING FOLKS, WE'RE REALLY WINNING!!!๐ฅ
Stay tuned for more details soon...
https://t.me/ORGANISEDSUPPORTCROWDSPERSTATE
PRIDGEON, G.A, & O'DEA V THE CROWN.
๐The fine, fierce, and brave people who have fought so hard ARE FINALLY VICTORIOUS๐
๐The evil forces behind the apparent PAEDOPHILE PROTECTION NETWORK have been DEFEATED (nearly)๐
โผ๏ธNow WE HAVE IDENTIFIED THE BAD PLAYERSโผ๏ธ
โผ๏ธNow WE HAVE MEASURED THEIR BEHAVIOURSโผ๏ธ
โผ๏ธNow WE HAVE DOCUMENTED THEIR ATTEMPTSโผ๏ธ
โผ๏ธSoon WE WILL BRING THEM TO JUSTICEโผ๏ธ
SPECIAL CONGRATULATIONS TO:
โก๏ธDr. Russell Pridgeon who was brave enough to stand strong and true, sacrificing his professional life for the children he saw saved!
โก๏ธPatrick O'Dea for having the guts to fight for the vulnerable no matter the cost!
โก๏ธA.G for your heart and courage in defending the young!
โก๏ธPastor Paul Robert Burton for his indefatigable spirit and advocacy
โก๏ธGraeme Bell as his solid knowledge of law and court strategy
โก๏ธDee McLachlan, the wise and tenacious journo and protector
โก๏ธThe rest of the team (we promise we'll promote your valiant actions once your consent is gained)
โก๏ธThe O.S.A.R.C CROWDS who attended and bore witness, thus applying the extra pressure to see the bad guys break!
๐ฅWE'RE WINNING FOLKS, WE'RE REALLY WINNING!!!๐ฅ
Stay tuned for more details soon...
https://t.me/ORGANISEDSUPPORTCROWDSPERSTATE
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Forwarded from COLE THE SOCIOLOGIST
P.S: John 'Commo' Wilson was asked to leave the scene of the Pridgeon, O'Dea, and A.G case (today) as representatives did not want anything to do with the lunatic nor did they want Wilson to claim involvement (of which he had none).
Let me be clear, John 'frother' Wilson has made no contribution to this case, which has taken 5yrs to this point.
Any claims to the contrary, by Wilson, are false and without the consent of the parties truly involved.
Cole the Sociologist.
๐โ
Let me be clear, John 'frother' Wilson has made no contribution to this case, which has taken 5yrs to this point.
Any claims to the contrary, by Wilson, are false and without the consent of the parties truly involved.
Cole the Sociologist.
๐โ
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Forwarded from COLE THE SOCIOLOGIST
๐ฉโ๐พ๐ฝ๐๐ฉโ๐พ๐ฝ๐๐ฉโ๐พ๐ฝ๐
The List - is Ready!! ๐ฅณ It's a growing list of over 100 Aussie Farmers that You can Support Directly ๐
We are passionate about Farmers, and since a recent video* of ours went viral, we quickly realised how much you all want to be a rebel and support farmers directly! ๐
The List includes Farmers local to our area and Australia wide!
Our hope is this directory helps you Find a Farmer near you to support directly.
Putting this list together was incredibly inspiring, there are so many amazing Farmers in Australia changing the game, feeding their communities GOOD food, and who care about their soil and the environment they grow in.
Let's reclaim our connection with our farmers and our food!
๐The List> https://www.sohiporganics.com.au/pages/find-a-farmer-near-you or LINK in Bio
โDid we miss your Farm? Are You a Farmer? Or know a Farmer that's not in the 'Find a Farmer' list? Complete easy form here> https://forms.gle/RQoC9JvHxALyggac6 or LINK in Bio
Thank YOU everyone for all your comments, sharing and messages since this video went out, it's truly such an amazing opportunity to support Farmers directly, please take the time to check your area and see who you can support.๐
_____
Note: This List will be a growing/evolving directory, and if there are any errors/ probs you find along the way, please let us know. We are human and please know we tried our best to have correct information and working links. We will fix/correct asap ๐ Feedback form can be completed here> https://forms.gle/Mx4LRoPoNYAgYkrK6
*Original video> https://www.instagram.com/p/C13cScfpPcm/
Join The Family โฌ๏ธ t.me/TheTruthSeekersChannel
The List - is Ready!! ๐ฅณ It's a growing list of over 100 Aussie Farmers that You can Support Directly ๐
We are passionate about Farmers, and since a recent video* of ours went viral, we quickly realised how much you all want to be a rebel and support farmers directly! ๐
The List includes Farmers local to our area and Australia wide!
Our hope is this directory helps you Find a Farmer near you to support directly.
Putting this list together was incredibly inspiring, there are so many amazing Farmers in Australia changing the game, feeding their communities GOOD food, and who care about their soil and the environment they grow in.
Let's reclaim our connection with our farmers and our food!
๐The List> https://www.sohiporganics.com.au/pages/find-a-farmer-near-you or LINK in Bio
โDid we miss your Farm? Are You a Farmer? Or know a Farmer that's not in the 'Find a Farmer' list? Complete easy form here> https://forms.gle/RQoC9JvHxALyggac6 or LINK in Bio
Thank YOU everyone for all your comments, sharing and messages since this video went out, it's truly such an amazing opportunity to support Farmers directly, please take the time to check your area and see who you can support.๐
_____
Note: This List will be a growing/evolving directory, and if there are any errors/ probs you find along the way, please let us know. We are human and please know we tried our best to have correct information and working links. We will fix/correct asap ๐ Feedback form can be completed here> https://forms.gle/Mx4LRoPoNYAgYkrK6
*Original video> https://www.instagram.com/p/C13cScfpPcm/
Join The Family โฌ๏ธ t.me/TheTruthSeekersChannel
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Forwarded from COLE THE SOCIOLOGIST
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๐ฑSUPPORT INDEPENDENT FARMERS๐ฑ
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โ ๏ธProfessor Charlotte Gerson exposes modern ๐ชฅtoothpaste (especially Colgate toothpaste) as a dangerous substance and issues a public warning.
โฃ๏ธMoreover, fluoride in toothpaste is a slow poison, and destroys the ๐งฌimmune system and even causes cancer. Fluoride also has a major negative impact on our ๐ง brain cells.
@VoicesofRevelation1๐
โฃ๏ธMoreover, fluoride in toothpaste is a slow poison, and destroys the ๐งฌimmune system and even causes cancer. Fluoride also has a major negative impact on our ๐ง brain cells.
@VoicesofRevelation1๐
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