Document

2001 Sep 4 - Kerrison replies to TAFE

BEFORE THE INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES


NO IRC 3124 OF 2000

VALDA JUNE KERRISON

APPLICANT

TECHNICAL AND FURTHER EDUCATION

RESPONDENT

AFFIDAVIT OF REPLY

Deponent

VALDA JUNE KERRISON

Sworn

Date: September 2001

Filed by

V Kerrison

Applicant

Address for Service

C/- 11 Raper Street

Newtown 2042

Telephone:

V Kerrison 9557 2775

Fax:

V Kerrison 9557 2775

On the 2001, I Valda June Kerrison of Unit 5, 71 Probert Street, Newtown, NSW, TAFE teacher, MYOB appointed trainer, bookkeeper, say on oath

1 On the 26 August 2001 I discovered that the Respondent in this matter had served upon me an affidavit sworn by Michael Francis Quinn 1 August 2001, and another affidavit affirmed by Gail Robison 6 August 2001.

2 The affidavit of Mr Quinn had been filed in the Industrial Relations Commission 15 August 2001, while the affidavit of Ms Robison is yet to be filed, according to a covering letter signed by Mr Ian Hill for Crown Solicitor dated 16 August 2001.

3 I make this affidavit in reply to these and other affidavits already filed by the Respondent.

4 I have compiled this affidavit and my prior affidavits from records and recollections which were recorded at the time, and have been sent to places including the Ombudsman and the Minister Mr Aquilina's office since early 1995.

5 Substantial portions of the affidavits of Mr Quinn, Ms Robison, and Ms McGregor refer to events occurring during the time-period around 1994, and Dr Jagger's refers to my life.

6 In reply to affidavits by Ms Ruth Gallagher, Dr Helen Jagger, Ms Elizabeth McGregor, Mr Michael Quinn, Dr Ramsey, Ms Robison, Ms Scuglia, Ms Walshaw, Dr Willmott I say:


7 At Macksville High School, when I was 14 years of age, I had successfully earned the Intermediate Certificate. The present day equivalent to that award is the School Certificate. Following that I enrolled in a secretarial course at the (then) Kempsey Technical College and studied shorthand, typewriting, bookkeeping etc for the following year. The (then) Macksville Branch of the English Scottish and Australian Bank offered me employment and I worked for it mainly as a ledger-keeper for the next 5 years until 1959 when I married my husband Don Kerrison and moved to Kempsey. Don and I have now been married for 40+ years and we have reared 3 children who are all educated and productively employed. Our children and their families are a source of delight to us, as are our extended families and large circle of friends.

8 Over the years both Don and I have told our families and friends about incidents and allegations made against me by Ms McGregor, Mr Quinn, Ms Robison, and which now form part of Discrimination, Aiding and Abetting Discrimination, Victimisation, and Industrial Relations actions against TAFE, HealthQuest, and Medical Appeals Panel (MAP). Our families and friends have given their support to us.

9 From 1959 to the present day I worked in a variety of jobs as fitted in with having and rearing our children. Through the years I studied further and obtained further qualifications.

10 Recently I have assisted and taught in seminars teaching the computer-based business accounting program MYOB (Mind Your Own Business) and the company MYOB lists me as one of its appointed trainers.

11 At no time during the past 18 years have I applied to Social Security for sickness benefits.

12 At no time since being appointed as permanent full-time TAFE teacher have I applied to Social Security for unemployment relief. Social Security require employed people to provide evidence that the employment was terminated before they consider granting unemployment relief. I believe that such document is provided to the employee by an employer if they terminate an employee.

13 At all times since TAFE appointed me as full-time permanent teacher, I have endeavoured to undertake my duties as TAFE teacher.

HealthQuest "Retirement"

14 On 16 June 1995 HealthQuest wrote and issued a document titled "Retirement Certificate" and inserted on that document my name. They sent it to my employer TAFE.

I continued to serve TAFE

15 On 16 June 1995 I was not retired - on subsequent days I continued to be a TAFE employee carrying out my duties.

16 On 27 June 1995 I marked, checked and recorded TAFE students' exams in TAFE Roll books which TAFE had allocated to me to perform my duties.

16.1 I left the Roll books on what I believe to be my desk at TAFE, along with the resources and personal possessions that I used to perform my TAFE duties.

16.2 TAFE officer, Ms Debbie Kennington, whom I believe to be my Head Teacher at that time, thanked me.

17 Although TAFE did not allocate further teaching hours to me, I continued to do what I could promoting TAFE and it courses.

18 Some time later a Kempsey TAFE employee telephoned me mentioned that she was using, to teach her students, the exercises and instructions which I had compiled to teach my TAFE students.

18.1 These resources were in various teacher resource cupboards in a number of Kempsey TAFE classrooms.

18.2 These resources were extensive and comprehensive and were accessible for use by TAFE teachers and TAFE students.

19 Other Kempsey TAFE staff also asked me for assistance in TAFE.

20 In approximately 1998 I saw that some TAFE notices which I had displayed in various public places in Kempsey in 1995, were still on display despite being out-of-date. I arranged that they were removed.

21 To the present day, existing or potential TAFE students approach me for advice and assistance regarding TAFE courses and facilities and I continue to promote TAFE and its courses.

22 Commencing 1993 to the present day I have continued to report to TAFE Managing Director/s and officers about issues which appear to constitute breaches of regulations and legislation.

23 TAFE have not formally allocated me teaching duties during July 1995 to date, but I have been willing to, and I believe capable of, resume teaching throughout this time.

23.1 Even when I have felt weighed down, if TAFE had suddenly said to me something like "It's all been a mistake, we want you to teach tomorrow", I believe that I would have felt as if a great weight had been lifted, and capably taught.

24 In 1996, when TAFE, without notice or discussion with me, ceased paying my ordinary pay in 1996, in order to have money to live I worked in part-time casual employment using the skills which TAFE hired me for.

24.1 By working in part-time casual jobs I was free to leave those jobs at short notice thus enabling me to resume teaching duties at short notice.

24.2 I believe that by working in other areas in industry this has not only maintained my skills but also added to those which TAFE utilised as its appointed teacher, because I have obtained further qualifications and skills.

24.3 TAFE, itself, sometimes pays its teachers to "Return to Industry" to ensure that its teachers, are, or become, up-to-date in their technical knowledge specific to TAFE's deliverance of technical education relevant to current practices and requirements.

25 At present I earn income from a number of clients/employers who have approached me to do work for them after having my name referred to them from others who have hired me. The work that I am currently doing is mainly setting up and maintaining the organisations' financial records on computers and tracking GST for the purpose of BAS (Business Activity Statement) reporting to the Australian Taxation Office.

1993 Complaints/Grievances to Dr Ramsey

26 Approximately mid second semester 1993 I wrote a complaint about Ms Hayes and gave the 16-page document to Ms Elizabeth McGregor saying words to the effect: "This is what I have been saying." "I don't think that it can be addressed at this level" and "I am willing to speak with anyone about it."

27 I recall that a few days later I again approached Ms McGregor and Ms McGregor returned the written complaint.

28 I approached Ms McGregor again on about 2 more occasions. I recall that the last time I approached her she offered to let me act in the position of Acting Head Teacher for the Section, commencing the following year, then added words to the effect: "Provided you do not speak about Rhonda…" and I refused the offer.

29 I recall that soon after that the union representative Mr Kelvin Wykes approached me and said words to the effect: "There is a TAFE department called Counselling Services which addressed a situation such as yours quickly. I know about it because someone had made a complaint against me."

30 Mr Wykes gave me the telephone number and I rang them.

31 I recall that Counselling Services urged me to gather other complaints and forward them with mine for them to look at to see if they should or could be actioned.

32 Late 1993 I made confidential complaints to TAFE Counselling Services.

32.1 I recall that I asked that they read the complaint and tell me what they considered to be serious and what was not.

32.2 I recall that asked it be confidential because I was afraid of what Ms Hayes would do behind my back if she knew that I had reported against her at this level.

32.3 I recall that was afraid that Ms Hayes would take and hide/destroy TAFE property that I was accountable for such as Roll books and College keys. I recall that my complaint against Ms Hayes had included behaviour such as that.

33 I recall that a few days later Ms Elizabeth McGregor said to me words to the effect: "Gesina Meerman telephoned me and told me about your complaint."

34 I recall that when I later said words to the effect: "Did you tell Rhonda about my complaint?" I recall that Ms McGregor said "I can't remember."

35 I recall that as I believed that confidentiality had been breached I telephoned Ms Meerman at Counselling Services and formally released the complaint for her to action.

36 About the last week of term Ms McGregor offered to let me act in the Head Teacher position next term. Ms McGregor made no proviso. I accepted because I wished to gain experience and knowledge of Head Teacher duties for promotion opportunities. I commenced that job in the last week of 1993 , to extend through the next semester in 1994.

37 I recall that during the next few days documents which were crucial to me performing that Head Teacher job were missing from my desk.

38 I recall that Ms Hayes later laughed and said to me words to the effect: "I took them to Port Macquarie." I recall that I reported this to Ms McGregor.

39 I recall that in February 1994 I telephoned Ms Meerman asking what was happening regarding the investigation.

40 I recall that Ms Meerman said to me words to the effect: "We haven't done anything" -- as I believed that confidentiality had already been breached the previous year I again asked that the complaint be actioned and again formally released it for action."

Aboriginal Students' - Enrolment - Access

41 In Kempsey TAFE, the Business Services (Admin Services) courses attracted enrolments from many quarters and the classes generally consisted of predominantly non-Aboriginal students.

42 In January/early February 1994 I was doing the Acting Head Teacher duties for Administrative Services section.

43 I recall that enrolled more Aboriginal students into the Administrative Services business courses than I had ever seen in those courses before.

43.1 I recall that some of those Aboriginal students already knew me because I had taught them in other EEO-type courses which I had previously run. I had met some others through my community interaction and liaison with local Aboriginal organisations as part of my TAFE duties and socially.

43.2 I recall that set up a "buddy" system to assist the Aboriginal students support each other in the business courses.

44 I recall that on or about 10 February 1994 three more young Aboriginals came to me and asked to be enrolled in an Administration Services course and I did so.

45 I recall that I printed 'ABIN' in the relevant box on their enrolment forms -- this showed that they claimed Aboriginality, and financial assistance through Abstudy (many non-Aboriginal students claim similar financial assistance through Austudy and had words to the effect AUS in the relevant box).

46 The students' names were Hazel Duke, Cecily Lardner, and Michael (aka TJ) Smith.

47 I recall that I pointed out the classroom they were to go to; that I said words to the effect: "the class are doing [TAFE subject] and you teacher's name for this subject is Rhonda Hayes -- give Mrs Hayes your enrolment forms and join the class."

48 The three students held pens and paper and their enrolment forms in their hands.

49 I recall from my prior writings that later I overheard Mrs Hayes say words to the effect: "Three Aboriginals came to my class." "I told them …" - "They went and sat in the canteen. They came up later and went to the next class."

50 Such behaviour was not normal practice in our Section. Once students are enrolled they have the right to join their class as soon as possible as an enrolled student in that course. Students went to the relevant class and joined it.

51 I recall that I felt upset believing that action which turned newly enrolled students away from their class would deprive students of tuition to which they were entitled, and could even be sufficient to turn a student away permanently.

52 I recall that sometime approximately February 1994 Mrs Hayes said to words to the effect: "We were having a lesson and TJ came to the door…" and then Ms Hayes said words that I understood at the time to mean that she had somehow 'got rid of TJ' out of the course.

53 Ms Hayes appeared to be smiling.

54 I felt concern an said to the NSW Teachers Federation representative Mr Kelvin Wykes words to the effect: "Rhonda got rid of an Aboriginal boy out of a course."

55 Mr Wykes was senior to me and had been a Head Teacher for some time.

56 Mr Wykes was the union representative and often told us what we could or could not do.

57 I relied on Mr Wykes' advice. I recall that Mr Wykes said words to the effect: "You are doing the Head Teacher job. You are responsible. You will be held responsible for what happens in your Section (Admin Services)."

58 I recall thinking that Mr Wykes did not appear concerned for the Aboriginal student. I felt powerless alone to change what was going on.

Djigay Centre of Excellence in Aboriginal education - possible illegal dismissal of students

59 Kempsey TAFE ran courses as do other TAFE Colleges. Kempsey TAFE also included the Djigay Centre of Excellence in Aboriginal education

60 Kempsey TAFE ran TAFE courses specific to Aboriginals in the Djigay Centre. I sometimes taught Aboriginal students in the Djigay Centre.

61 I recall that in approximately the first week of March 1994 the Kempsey TAFE Aboriginal Support officer Ms Liz Hoskins came to me about some Aboriginal students in the Administrative Services Section (not the Djigay).

62 I recall that Ms Hoskins said to me words to the effect: "This is a list of the Aboriginal students who have missed lessons. Rhonda [Mrs Hayes] said for me to tell you to send them a letter telling them that they are no longer in the course."

63 This time was only a few weeks into a course which was to run for 36 weeks (until around December that year).

64 If people had been away sick or not been in class some other reason, they still had time to catch up. Students have the right to access whatever they choose or are able to in TAFE courses. TAFE sometimes provided tutoring to students.

65 I recall that said to Ms Hoskins words to the effect: "No." "Attendance isn't a criteria of the course" "Would you take it to Elizabethand tell her about it please?"

66 I recall that a few minutes later I went to Mrs McGregor's office to make sure that the students' needs and rights were being met.

67 I recall that Mrs McGregor said to me words to the effect "I'll have the letters sent out."

68 I recall that I said words to the effect: "we can't legally send out such letters.

69 I recall that Mrs McGregor said words to the effect "Yes we can. We do it all the time down below." 'Down below' is how some people in Kempsey TAFE sometimes refer to the Djigay Centre of Excellence in Aboriginal education.

70 I recall that I said words to the effect "But we can't do that. It's illegal. If attendance is a criteria it must be written into the course, and the students must sign it to show that they know."

71 I recall that Mrs McGregor repeated words to the effect: "I'm going to have the office send letters to the students."

72 I recall that Ms McGregor did not say that she would not send the letters.

73 I believed at the time that Ms McGregor looked censuring towards me.

74 I felt concern for the students. I believed that Ms McGregor had not addressed the incident concerning a Filipino woman. This had been part of my complaint to Counselling Services

75 I recall that as I left I believed that Mrs McGregor had said '…we do it all the time down below.'

75.1 I recall that I had taught Aboriginal students in the Djigay Centre.

75.2 I recall that I had heard them say to each other things like "Where were you yesterday? Watch out or you'll be sacked".

75.3 I recall that they had sometimes said to me "I was late. Did you mark my name in the roll? I don't want them to kick me out".

75.4 I recall that when I had heard them say things like that I had thought that they were joking.

75.5 I recall that after hearing what Ms McGregor said I believed that that the Aboriginal students must have been expressing fears.

75.6 I had seen the list of students' names that Ms Hoskins held.

75.7 All of the students had claimed Aboriginal status.

75.8 I did not recognise any non-Aboriginal students' names on the list.

75.9 It is probable that non-Aboriginal students had not attended some classes.

75.10 Mrs McGregor did not broach the incident with me later.

75.11 I do not recall seeing Ms Hoskins in TAFE after that, and Ms Ivy Browne subsequently performed those duties.

75.12 On or about 9 March 1994 I tried to be diplomatic to Ms McGregor, yet still take care of the students. I recall that I compiled a list of students (both Aboriginal and otherwise) who, according to the roll books, had not attended classes for some time.

75.13 I recall that took the list to Ms Robison and said words to the effect: "Elizabeth isn't here just now, but when she comes back could you tell her that these students haven't attended class for a while, and perhaps we could send them a letter reminding them of their TAFE course and to tell them that if they wished to withdraw at any time they would need to contact the College."

76 Up until 9 March 1994 I had not claimed any sick leave in TAFE. I had at least 100 days accumulated sick leave to my credit.

77 On 10 March 1994 I approached the union Representative, Mr Kelvin Wykes because I felt frightened and worried-sick that the TAFE officers including Ms Meerman did not appear to me to be acting in a way that protected me.

77.1 Mr Wykes said to me words to the effect: "If you feel sick or stressed, go to the doctor. Then, if you are on stress leave the Institute come into it. Chris Lockwood and Mike Quinn will contact you straight away."

77.2 I recall that Mr Wykes did not tell me why the union Representative did not do something such as "come into it."

TAFE officers listened to my complaints about discrimination then repeatedly suggested that I resign or retire

78 On 10 March 1994 I went to my doctor Dr Peter Hatton and he gave me a medical certificate for 11 March 1994-1 April 1994 stating "agitated depression - work induced"

79 When I gave the certificate to Ms McGregor, both Ms McGregor and Mr Kelvin Wykes separately told me that Mike Quinn and Chris Lockwood (the relevant NCI TAFE managers) would contact me on the next working day.

80 The next workday I waited for NCI TAFE OH&S and Rehabilitation officer Mr Mike Quinn, and NCI TAFE A/Human Resource officer Mr Chris Lockwood to telephone me.

80.1 At that time I felt optimistic because I thought that Mr Quinn and Mr Lockwood would help me in the workplace situation which caused my illness and that I would be quickly returned to work and benefit from changes in the workplace.

80.2 I believed that, if the issues were addressed, or if I could see that they were commenced to be addressed, I could be back at work immediately.

80.3 I believed that care of me in the workplace (OH&S) and rehabilitation would be quickly applied and that Mr Quin and Mr Lockwood would be getting me back to work as soon as possible to save TAFE from having to spend extra money to employ other teachers to teach my classes.

80.4 The next workday I waited within earshot of the telephone. Neither Mr Quinn nor Mr Lockwood telephoned me.

80.5 On subsequent days I also waited but the TAFE officials did not telephone me.

80.6 Neither Mr Quinn nor Mr Lockwood contacted me the next week either.

80.7 I felt isolated and felt that things were compounding on me. I felt worse than when I first left my work

81 In March 1994 TAFE Managing Director Dr Gregor Ramsey had appointed Ms Gesina Meerman and Ms Sue Hartigan to investigate my original complaint

81.1 The investigators said to me words to the effect: "it is very confidential"

82 During March/April 1994, on a number of occasions I asked Ms Meerman to help me get back to work. Ms Meerman said words to the effect: "wait until after investigation."

83 In March 1994 the investigators told me words to the effect that they had booked a room at Kempsey Council Chambers room and that so that no-one at TAFE would know about my complaint.

83.1 I recall that at that time I believed that this was not true because in late 1993 Ms McGregor had told me that Ms Meerman had told her about my complaint.

84 On 28 March 1994 the investigators came to Kempsey and we met in the Council Chambers.

84.1 Mr Kelvin Wykes, the union representative also attended and also contributed to the meeting.

84.2 I said at the meeting words to the effect: "Some more incidents have occurred."

84.3 I said to the investigators words to the effect : "Rhonda [Hayes] turned three Aboriginal students away from the class when they went to commence their course."

84.4 I told the investigators words to the effect: "the Aboriginal students' names, are Hazel Duke, Cecily Lardner and Michael [TJ] Smith". I showed the investigators these students' enrolment forms which stated the students' names, and contact addresses, and the category "ABIN".

84.5 I said to the investigators words to the effect: "Rhonda [Hayes] got rid of Aboriginal Michael Smith. It's important to contact him." I gave the investigators TJ's resume which had his address typed on it. Mr Smith's resume has since been released by TAFE under FOI.

84.6 I told the investigators of another student, Ms Kylie Harrower and gave the investigators Ms Harrower's telephone number. I told the investigators words to the effect: "Ms Harrower is an important witness to contact."

85 I felt that the meeting ended unpleasantly. Ms Meerman shouted at me. Mr Wykes did not appear to me to support me because he did not intervene on my behalf.

86 Mr Wykes and I talked together after the meeting and on two occasions Mr Wykes said words to the effect: "You should resign from TAFE"

87 I had felt isolated from my job for more than 2 weeks. TAFE officers Mr Quinn and Mr Lockwood had not contacted me. I did not know how to attempt to return to my position.

88 It impacted severely on me.

89 On 28 March 1994 I felt alone and dispensed with by TAFE. The doctor's certificate was running out. I did not have the courage to simply turn up in TAFE because I believed that TAFE, the classes and students were all carrying on without me, that there were no teaching duties scheduled for me, that they were being taught by part-time teachers. I felt expendable to TAFE. It impacted on me to such an extent that I went again to Dr Hatton, I didn't know what else I could do.

89.1 Dr Hatton issued a further certificate for 28 March to 30 April 1994 for "reactive agitated depression (work related)".

90 On 28 March 1994 I wrote to TAFE; enclosed the certificate; and formally resigned from some internal positions I held. They were: "Kempsey TAFE Work Skill Captain" and "Office Skills Regional Competition Co-ordinator".

91 On 30 March 1994 Ms Gail Robison Kempsey TAFE Registrar/OH&S officer/Rehabilitation officer came to my home and we completed GIO Injury forms.

91.1 At that time I said to Ms Robison words to the effect: " Rhonda turned three Aboriginal students away from her class when they went to start their course." And "they were Hazel Duke, Cecily Lardner and Michael Smith".

91.2 Ms Robison said words to the effect: "I will get Mike or Chris to ring you".

91.3 Ms Robison also said as she was leaving "I'll call you each week or so." I felt abandoned.

92 On or about 30 March 1994 I telephoned the NCI TAFE and asked to speak with Mr Lockwood or Mr Quinn.

92.1 The person to whom I was speaking said he was Chris Lockwood.

92.2 Mr Lockwood said words to the effect: "Mike (Quinn) is busy for the next week, and after that we will contact you and arrange to meet."

93 On 5 April 1994 I telephoned the Institute and asked to speak to Mr Lockwood. I said to Mr Lockwood words to the effect "Things have been bad for me." and "What I should do?"

93.1 Mr Lockwood said words to the effect " you have two options - resignation or retirement."

93.2 Mr Lockwood ended the conversation and hung up.

93.3 That same afternoon I telephoned again and asked to speak to Mr Lockwood.

93.4 Mr Lockwood said words to the effect: "I could meet you in about a week, but I'd have to check to see if this fits in with Mike [Quinn]."

94 . On 21 April 1994 at around 10.30 am two men came to my home. They introduced themselves as Chris Lockwood (NCI TAFE Acting Human Resources Manager) and Mike Quinn (NCI TAFE OH&S Officer and Rehabilitation Manager).

95 I said to Mr Lockwood and Mr Quinn words to the effect: "Ms Hayes turned Aboriginal students away from the classroom"

95.1 I said to Mr Lockwood and Mr Quinn words to the effect: "the Aboriginal students' names are Hazel Duke, Cecily Lardner and Michael (aka TJ) Smith."

95.2 I said to Mr Lockwood and Mr Quinn words to the effect: "Rhonda somehow got rid of TJ out of the course."

95.3 Mr Lockwood leaned back in his chair and appeared to be smiling.

95.4 Mr Lockwood said words to the effect "Val. Mike doesn't want to tell you this. But I will. You can't be rehabilitated. Your options are to resign or retire."

95.5 After a pause, Mr Quinn then said words to the effect: "You could go the Commonwealth Rehabilitation Services (CRS) for rehabilitation. You might be able to get retraining to work somewhere else."

95.6 I wished that Mr Quinn and Mr Lockwood would help me get back to my job and have outstanding issues addressed.

95.7 I believed that the only option they were allowing me was to go outside TAFE to CRS to apply for retraining to work somewhere outside TAFE.

96 On 22 April 1994 I telephoned Mr Quinn and said words to the effect: I would like to have a mentor. I would like Rick Stucke (another Kempsey TAFE teacher) to be my mentor.

96.1 Some years later I said to Mr Stucke words to the effect: "Did anyone ever contact you to ask you to be my mentor?"

96.2 Mr Stucke said to me words to the effect: "No. Were they supposed to? No-one ever mentioned mentoring to me. I would've liked to be mentor."

97 I received a TAFE letter dated 27 April 1994 from Mike Quinn A/OH&S Rehabilitation Officer. It listed options.

97.1 The first option listed was "Retirement".

97.2 The second option listed. It was "Resign".

97.3 Sometime later I noticed further information with this letter. It included the words to the effect that Workers Compensation forms must be completed and forwarded to the GIO within 7 days of notification.

97.4 I had notified Mrs McGregor on 11 March. Mrs Robison came to my home on 30 March. During those weeks I had felt isolated and I believe that it could have been avoided.

98 On 3 May 1994 I received my usual fortnightly payslip from TAFE. Included with the payslip was a note signed 'Gail' (Gail Robison Kempsey Registrar, OH&S Rehabilitation Officer). The note stated in part"Please remember to give me a call any time if you need to."

99 I recall that Ms Robison had said when she came to my home on 30 March 1994 (approximately 5 weeks earlier) words to the effect: "I'll call you each week or so" but she had not done so.

100Upon receiving that note on 3 May 1994 I telephoned Kempsey TAFE and asked to speak with Ms Robison and we arranged that she would come to my home and speak with me.

101 On 4 May 1994 Mrs Gail Robison visited me at home. I said to Mrs Robison words to the effect: I want to clear the air with TAFE management (Ms McGregor and Port Macquarie Manager Mr Wal Brown).

101.1 I said to Mrs Robison words to the effect: I am willing to talk to anyone about it.

101.2 I spoke to Mrs Robison about my complaint and the investigation.

101.3 Mrs Robison did not arrange for me to talk to anyone.

102 On 23 May 1994 Mrs Gail Robison again came to my home.

102.1 Mrs Robison said words to the effect: "How would you feel Val, with the investigation, if nothing changes where Rhonda's concerned?"

102.2 I said words to the effect: " But I've still got all of the information there. And people outside TAFE do not agree with the people inside TAFE. I'd possibly go to get legal advice about cleaning some of it up. And anyone who wants the information can have it."

102.3 I referred to Mrs Hayes and said words to the effect: "There's just too much spite there."

102.4 I spoke of my concerns about Mrs Hayes' actions. I said words to the effect: " Vulnerable people. People who wouldn't hurt her. The little quiet ones. Aboriginal students - Cecily she wouldn't hurt a flea." "But it's so cruel." [Cecily Lardner was one of the Aboriginal students that I told Mrs Robison about on 30 March 1994].

102.5 I previously told, Mr Quinn and Mr Lockwood the Aboriginal students' names when they first came to my home.

103I had not heard from Mr Quinn since 17 May 1994 when I had agreed that I would go to CRS and apply for retraining to work outside TAFE.

104After I agreed to go to CRS regarding retraining to work outside TAFE I did not receive any further Rehabilitation contact from Mr Quinn in 1994.

105 I had not heard from Mr Lockwood since our first meeting on 21 April 1994, and I did not receive any further Rehabilitation contact from Mr Lockwood to the present day.

106 On 25 May 1994 I went to my local member Mr Bruce Jeffery. I told Mr Jeffery words to the effect: "I would like to meet with Ms McGregor and Mr Wal Brown."

106.1 Mr Jeffery dialled a number and I heard him ask to speak to "Elizabeth McGregor". I heard a female voice. It sounded like Ms McGregor's.

106.2 Mr Jeffery said words to the effect: "I have Val Kerrison with me. She would like to meet with you and Wal Brown and Mike Quinn."

106.3 I could hear a voice. It sounded like Ms McGregor. I heard her say words to the effect: "Tell her to go to the Commonwealth Rehabilitation Services" Mr Jeffery then said to me words to the effect: "Elizabethsaid for you to go to the Commonwealth Rehabilitation Services."

106.4 TAFE already employed Rehabilitation and Human Resource officers. They were Ms Robison, Mr Quinn and Mr Lockwood. In addition Ms McGregor managed Kempsey TAFE resources.

107On 26 May 1994 Ms Dianne Cook of CRS telephoned me and arranged a meeting with me.

108Mrs Robison did not visit me after CRS arranged to take my case. CRS arranged to pursue the option of me working outside TAFE.

109I duly went to CRS. The prospect of my training to work elsewhere was discussed. When I asked how they could guarantee that I could get a job after retraining the CRS officers said words to the effect: "There is no guarantee of a job."

I Return to duties at TAFE

110 On 17 June 1994 I telephoned CRS and said words to the effect: "My Dr certificates will run out on 22 June. I want to work. My job at TAFE is still there. I think that my best option is to go back into my job at TAFE. I want to start back on 23 June 1994."

111 On 17 June 1994 I telephoned Ms McGregor and said words to the effect: "My Dr certificates will run out on 22 June. Can I come back into my job at TAFE?" Ms McGregor said words to the effect: "Oh. I thought that you were going elsewhere [retraining outside TAFE]." I said words to the effect: " No. There was no job guarantee in that direction." I said words to the effect: "Is there anything else I should do?" Ms McGregor said "No".

112Commencing 17 June 1994 and on later days I telephoned Mr Mike Quinn at least twice and left messages but he did not return my calls.

113On or around this week, at tennis Kempsey Teachers Federation Representative Mr Kelvin Wykes said to me words to the effect: "Wal Brown [Cluster Manager for Kempsey, Port Macquarie, and Wauchope TAFEs] announced [in Kempsey TAFE] that 'There is no way you [Kerrison] will be allowed back into Admin Services.'"

114 On 20 June 1994 CRS officer Ms Dianne Cook telephoned me and arranged to meet me in the Kempsey Mall.

115On or about 22 June when I spoke with Ms Cook she said words to the effect: "Elizabeth [McGregor] says you can't return to work on 23rd [June 1994]"

116 On 23 June 1994 Mr Wal Brown telephoned me at home and said words to the effect: "You are not allowed to return to Admin Services". Mr Brown said to me words to the effect: "You can't teach in Admin Services. Rhonda suggests that you do your teaching in other Sections."

117I believed that if I did not teach in Admin Services section I would be removed from the source of information relevant to this Section, and set apart. I said words to the effect: "I want my job back." I asked to meet with Mr Brown about this. When I met with Mr Brown [and Ms Jeanette Houghton-Simms] Mr Brown agreed that I was entitled to my appointed position (teacher Admin Services).

118On 7 July 1994 I attended a meeting with Ms McGregor, Ms Robison and Ms Cook.

118.1 At that meeting Ms McGregor informed me that all of the teaching hours for Admin Services had been allocated to Ms Hayes and part-time teachers.

118.2 Allocation of teaching hours is done when enrolments indicate that a course will commence.

118.3 Enrolments were taken from 23 June 1994 when I had asked to be allowed to return to my job.

118.4 Ms McGregor later gave me two options for teaching in Admin Services. One option was that on my first day back at work I was to teach a course which I had not taught before, to commence at 9 am and then teach other subjects at various times through the day until the last one which was to end at 9 pm that night. The only other option Ms McGregor put forward included that on my first day back I was to 3 classes one after the other in different courses without a break for 6 hours. I chose the first option, so that I would be able to have a break between classes.

118.5 It was I who ended up telephoning the part-time casual teachers (whom Ms Hayes and/or Ms McGregor had engaged to teach the relevant courses) to reclaim the teaching hours to fill my teaching program.

119On 15 July 1994, I received in my mail a letter dated 8 July 1994 from the Workers' Compensation insurers GIO Australia which stated in part: "Further to my [GIO's] letter of 19/4/94 I now confirm that liability for your claim has been accepted." (See Attachment marked A )

119.1 My claim was for "Reactive depression. Work related."

120I returned to my job on 11 July 1994.

120.1 I felt happy to be back at work and enjoyed being again with colleagues and students.

120.2 I went to Kempsey TAFE at approximately 8.15 am to photocopy and compile materials required for my first class at 9 am. I finished my teaching and preparation for further classes at approximately 11 pm that night.

120.3 During that first day I went into the Admin Services section to pick up textbooks etc for a class. I saw Ms Hayes and Ms McGregor sitting talking to each other. I greeted them both. Ms Hayes did not reply. I believed that Ms Hayes had "sent me to Coventry" by refusing to speak to me, and that Ms McGregor did not ensure normal communications in the workplace.

120.4 On other occasions, sometimes in the presence of part-time staff, I spoke to Ms Hayes and received no reply.

121 There were further difficulties in my return to work. I believed that things had not altered for the better for me at TAFE because not only did Ms Hayes maintain non-answering to me, but all of the documents which would have accumulated during my absence and which I needed to perform my duties, were not in the relevant Head Teacher filing cabinet.

121.1 Ms Hayes, as permanently appointed full-time and senior to all other staff employed in the Section had been performing Head Teacher duties including compiling and receiving and disseminating the Sections documents.

121.2 All other staff during the period I was away were part-time casual staff and therefore transient.

122On 12 July 1994 I wrote to Ms McGregor. Paragraph 7 of that memo states: "When I was in the HT [Head Teacher] office on Monday there was a radio/cassette player (one of two owned by our section ) there. After saying that I was moving to another office, I could not find the radio/cassette player was not there." That memo is annexed hereto and labelled "B". I had previously used the cassette player and tapes as a resource for teaching my classes.

122.1 At a later date Ms McGregor said to me words to the effect: "I asked around about the recorder and Rhonda told me that Kathy [Wykes] has it and is using it for Accelerated Learning with the Trainees."

122.2 On or around 13 September 1994 I wished to use the recorder with the Trainees, however when I searched for it in the room used by Kathy and the Trainees, the recorder was not there. I asked Kathy and was surprised when she said words to the effect: "I haven't got it." "I've never had it."

122.3 On 13 September 1994 at approx 5pm I approached Ms McGregor and referred to the recorder. I said words to the effect: "Kathy doesn't know anything about it."

122.4 Ms McGregor said to me words to the effect: "…Well, what you need to do is document your grievance,…" and "Maureen made it clear the other day about the fact that it can actually be dangerous for/to you if it [a grievance from Kerrison] is ill-founded…"

123During July 1994 I also approached Ms Robison. I recall that I mentioned on a number of occasions that I did not have the files/records that I needed and also that Ms McGregor appeared to simply allow Ms Hayes' "not talking" behaviour towards me.

123.1 Despite my repeated approaches during July1994, to my knowledge Ms Robison did not perform any action.

123.2 I formed the opinion that it was only causing me damage approaching, explaining, asking for rehabilitation support etc when these approaches appeared futile.

123.3 After 31 July 1994 I did not approach Ms Robison in person in relation to asking for rehabilitation support. I had lost confidence in Ms Robison and Mr Quinn as Rehabilitation officers. I recollect that sometimes I included Ms Robison and/or Mr Quinn when I circulated information re ongoing unaddressed matters applicable to rehabilitation.

124 On or around 20 August 1994 another teacher at Kempsey TAFE, Mr Rick Stucke came to me and said words to the effect: "You had better do something, Rhonda has Dr Ramsey's [Managing Director TAFE] report on your complaint and she is showing it to the other staff because the report says that she hasn't done anything wrong."

125When I arrived home from work, I received in the mail a letter dated 5 August 1994 from the TAFE Managing Director Dr Gregor Ramsey. The letter was headed "Investigation into Grievances/Complaints".

126Attached to Dr Ramsey's letter were approximately 3 pages with many numbered pages missing. The report pages did not identify any particular aspect of my complaints and I could only guess at what they might refer to.

127 Dr Ramsey's letter to me stated in part: "As you are aware Ms S Hartigan, Manger Quality Improvement Northern Sydney Institute and Ms G Meerman, Manager Counselling Services have investigated the matters raised by you in your letter to Ms Susan [sic] Beverley on 15 November 1993. I have now received the report of the investigating officers and I enclose a copy of their recommendations for your information. I do not intend to take further action in relation to the matters raised by you as I expect that implementation of the report's recommendations will resolve these issues."

128 At this time:

128.1 I had already formed the opinion that TAFE investigators did not contact some of the people I had named to the investigators because some had told me.

128.2 I did not think that the issues were resolved because files and equipment I had previously had access to were missing but Ms McGregor did not appear to be actioning these matters.

128.3 I knew that the investigators had not asked me where evidence specific to the investigation was kept in Kempsey TAFE so I thought that they would not find it.

129 Dr Ramsey's letter was of a general nature and I could not discern what had or had not been investigated, how or when any investigation had been performed, or the scope of the investigation if there had been one.

"Danger"

130 In September 1994 Maureen O'Sullivan was A/Director Port Macquarie TAFE.

131 In September 1994, Ms McGregor, as Manager of Kempsey TAFE, directed me to go to the Palm Court Motel in Port Macquarie to attend a meeting with Ms O'Sullivan Acting College Director about my original complaint.

132 Ms McGregor did not give me the option of taking a support person or witness with me.

133 On 8 September 1994 I attended the meeting as directed.

133.1 I had not met Ms O'Sullivan prior to this meeting.

133.2 I announced myself at the reception desk and the receptionist telephoned someone saying that I was there.

133.3 A woman came to me, introduced herself as Maureen O'Sullivan and hugged me.

133.4 Ms O'Sullivan took me to her motel room where Ms McGregor was.

133.5 Ms McGregor hugged me.

133.6 The meeting was held in Ms O'Sullivan's motel room.

133.7 Ms O'Sullivan said to me words to the effect: "Elizabeth and I do not know what was in your complaint and you must not talk about what you put in your complaint or grievance because it is confidential and you must not talk about it."

133.8 Ms O'Sullivan then slowly, and with many pauses and delays, read out to me the few report pages which Dr Ramsey had sent to me. At one stage Ms O'Sullivan suggested that I resign from TAFE. On three occasions Ms O'Sullivan pointed to individual paragraphs and asked me what they referred to -- once I hazarded a guess and related it to a section of my grievance/complaint, and regarding the other two paragraphs I had no idea as they did not appear relevant to my complaint.

133.9 After about 2 1/2 hours Ms O'Sullivan, in Ms McGregor's presence, stood over me in a threatening manner and loudly said to me words to the effect: "The Managing Director …complaint." "The Managing Director will not allow it to happen again." "If you lodge another complaint and it is found to be baseless and without foundation it will be very dangerous to you."

133.10 Ms O'Sullivan did not explain what the danger to me would be, nor did Ms McGregor.

133.11 Then Ms O'Sullivan, the presence of Ms McGregor, picked up a document and said to me words to the effect: "This is a statement for you to sign." "I agree that TAFE has investigated everything in my complaint and TAFE have ethically addressed all aspects of my complaint..."

133.12 I took that to mean that I was to sign a statement to the effect that: I, Val Kerrison, agree that TAFE has investigated everything in my complaint and TAFE ethically addressed all aspects of my complaint…

134 I did not sign. I did not think that the statement was true.

135 On 9 September 1994 (the morning following the meeting) at around 8.45 am I went to Ms McGregor in her office. I asked Ms McGregor words to the effect: "How did you see the meeting yesterday?"

135.1 Ms McGregor repeated words similar to those that Ms O'Sullivan had said the previous day. Ms McGregor said words to the effect: "the Managing Director won't allow it to happen again" "If you lodge another complaint and it is found to be baseless and without foundation it will be very dangerous to you".

135.2 I thought that someone had said that my complaint was baseless and without foundation.

135.3 I thought that key witnesses had not been contacted.

136 I felt afraid.

137 I felt that my professional reputation was damaged in TAFE.

138I thought that if we all worked together that with communication, openness and honesty the issues could be cleared up and misunderstandings, misconceptions could be sorted. TAFE teach communications to others, and employ people to assist staff and students.

Option 1 - HealthQuest

139 I was not aware at the time but Ms Maureen O'Sullivan issued a Briefing Paper dated 9 September 1995 (the day following her meeting with me).

139.1 The Briefing Paper prepared by Ms Maureen O'Sullivan to Dr Gary Willmott Institute Director contains the words: "Regarding: Investigation into Grievance/Complaints by Ms V Kerrison of KempseyCollegeof TAFE."

139.2 The "Grievance/Complaints" referred to included allegations of discrimination.

139.3 The Briefing Paper stated in part: "5. Recommendations 5.1 That Option 1 be implemented. …This option may result in stress related leave by Ms Kerrison. However, this in the long term, may better position the Institute to refer Ms Kerrison to the Government Medical Officer [HealthQuest] for an assessment."

139.4 I was not on sick leave, and I had not claimed any sick leave since 24 June 1994.

140On 20 October 1994 Ms McGregor circulated an internal memorandum to all Kempsey TAFE staff stating in part: "Rhonda Hayes has been appointed A/Manager - Training & Development Unit. She begins next Monday in Lismore! A farewell lunch will be held in the Canteen at 12.00 tomorrow."

141 Ms Hayes had been appointed to manage the NCI of TAFE's Training and Development (Staff Development) and was in a position to allocate or withhold staff development for NCI TAFE staff, including me.

142I relied on staff development to learn new skills for both teaching and promotion opportunities in TAFE.

142.1 I was not aware at that time of the report Background to Complaints Re Rhonda Hayes which suggested an option:

" expanding Rhonda's TD (or some other similar) role so that she is not directly supervising staff or students. She could perceive that as a developmental opportunity."

143As "A/Manager - Training & Development Unit" Ms Hayes had more power over my future access to ongoing training and development.

144I wanted TAFE's staff training and development because I wanted to use it to further my skills and career and I wanted to earn promotion.

145I recall that on a number of occasions after that I telephoned the Training and Development office and asked for information specific to its training and development publications but I did not receive from Ms Hayes or the Training and Development office the information which I requested.

146 I recall that on or about 16 December 1994 I telephoned Ms Walshaw and said words to the effect: "Maureen O'Sullivan, Elizabeth McGregor (twice) and Mark Whitehead had warned me that it could be extremely dangerous for me if I lodged another grievance which was baseless and without foundation. Who decides this and how is this decided?". I recall also that I said to Ms Walshaw words to the effect: "Mark has also told me that if I lodged another complaint about Rhonda it could be regarded as frivilous, and could be considered to constitute a witchhunt, that Rhonda would sue me". I recall that Ms Walshaw said words to the effect that I could not have information about the investigation because I had gone outside the system."

Meeting with Ms McGregor

147 On or about 9 March 1995 I asked to speak with Ms McGregor.

147.1 When we met I referred to the meeting on 8 September 1994 with Ms McGregor and Ms O'Sullivan in a private room in a Port Macquarie motel and I said to Ms McGregor, words to the effect: "…you and that other lady [Ms Maureen O'Sullivan] had also pointed out that if I make another claim [a grievance/complaint from me] that if someone, and I can't find out who, decides it is baseless and without foundation it could be very dangerous to me. Do you remember that? Because I take that as a threat."

Meeting with Ms McGregor - Ms Robison invited to participate

148 In 1995 Kempsey TAFE Manager was Ms Elizabeth McGregor who was in charge of the College. The Kempsey TAFE Registrar was Ms Gail Robison who was in charge of the clerical staff and general administration.

149 In March 1995 I was performing the Head Teacher duties for Admin Services section as well as teaching some of the courses. Through these two roles I put together a function which I believed would benefit the daytime Admin Services students and the Admin Services teachers as well.

149.1 Due to staggered lunch breaks, generally speaking, the students in different courses were not at leisure together during the TAFE day.

149.2 Part-time teachers sometimes had little contact with other teachers in the section.

149.3 In addition, although there had been orientation for students at the beginning of the year, some students had not been present for this, or had little knowledge of the functions for which the two Kempsey TAFE heads (Registrar Ms Gail Robison and Manager Ms Elizabeth McGregor) held responsibility.

150 On or around 29 March 1995 I asked Ms McGregor if I could speak with her. When she agreed I asked if I could ask Ms Robison (who was in the next room) to join us because I wanted to invite them both to a function.

150.1 As Ms McGregor and Ms Robison had separate responsibilities and were sometimes not at Kempsey TAFE, I wished to obtain their agreement to participate, then arrange the function to fit in with their different schedules and commitments.

150.2 When Ms McGregor agreed, I went to the next room and asked Ms Robison if she could spare a few minutes.

150.3 I outlined my proposal, telling them words to the effect: "if the students can meet and talk with you, and talk with each other and compare courses, I think that it would be of benefit to them. Then, at the same time I will hold a staff meeting for the teachers."

150.4 Both Ms McGregor and Ms Robison readily agreed and consulted their diaries and settled on a time that they were both going to be in the college and free to attend.

150.5 Ms McGregor suggested that we hold the function in the college's Djigay Centre (Centre of Excellence in Aboriginal Education), and told me whom to contact to book the Djigay Meeting Place.

150.6 I then invited all available classes in Admin Services to a combined get-together to informally 'Meet the Management' of Kempsey TAFE (Ms Robison and Ms McGregor).

150.7 I invited all Admin Services teachers to a staff meeting to be held at the same time, and arranged that the meeting be taped for the information of any staff who could not attend, so that they would not feel 'left out' from the information and discussion.

150.8 I catered for the function and arranged for photographic coverage of the event,

150.9 I applied this function specific to the courses the students were studying. Some students were studying how to organise such functions and at their teachers' suggestion, they assisted to organise and run the function as part of their TAFE studies.

150.10 Afterwards I drafted the press release for Ms McGregor's approval, arranged for the photographs to be developed and got them ready for possible publication in the newspaper.

150.11 I gave the surplus photos of the function to the students who helped run the activity so that they could put them in their employment folders as pictorial evidence of their work assisting to organise and deliver the function.

150.11.1. I had not seen that happen before nor have I heard of it happening since in that Section.

151 I recall that on 23 May 1995 after authorisation by my manager Ms McGregor I asked the local newspaper The Macleay Argus journalist/editor to publish a report and photograph of the activity mentioned above. This was to promote Kempsey TAFE, its students, Management, and courses.

151.1 The journalist/editor asked me to submit the article and photograph for consideration and I did so.

152 On 26 May 1995 The Macleay Argus published the article and photograph under a large heading TAFE TALK.

153 I state on oath that this was the only time that I asked to speak with Ms McGregor and Ms Robison was asked to leave her room and come and be present for the discussion; that Ms Robison was present at this discussion because I personally went into her room and asked for her to be present; that I did this in order that Ms McGregor and Ms Robison could both hear the proposal then discuss it together to a) decide if they wished to participate or modify the proposal, and b) if they wished to participate, to be able to compare their schedules and commitments and set a day and time that was suitable to both of them.

Meeting 10 April 1995 - TAFE officers see documents in my file - I reported that I had given my papers to solicitors - Aboriginal students

154On or about 10 April 1995 I met with the NCI OH&S and Rehabilitation Officer Mr Mike Quinn and Kempsey TAFE OH&S and Rehabilitation Officer Ms Gail Robison.

155 At that meeting of 10 April 1995 with Ms Robison and Mr Quinn we spoke of TAFE's purported investigation into the complaints/grievances I had lodged and I said to Mr Quinn and Ms Robison words to the effect: "I've got papers on file, but they are down with the solicitor's in Taree at this time."

156At the meeting we discussed TAFE's purported investigation into the complaints I lodged and Mr Quinn said words to the effect: "So you are saying that some people who might have been key players in this grievance haven't been contacted?"

156.1 Both officers could see documents in my file on the desk. I pointed to the letters given to me by the Aboriginal students Mr Michael Smith and Mr Wright. I said words to the effect: "I knew what had happened to Michael Smith. He and two other Aboriginal kids, I sent them up to join the class, with pen and paper in their hand. Rhonda sent them away and they sat down in the canteen until the next teacher came and then they came up and joined the class. This was when I enrolled them at the beginning of last year. They weren't contacted. I don't know who has been contacted, and in what way."

157 I recall that I had originally spoken of this to Ms Robison when Ms Robison came to my home on 30 March 1994. I had told Ms Robison the names of the three Aboriginal students -- Michael Smith, Cecily Lardner and Hazel Duke. I recall that I had mentioned them again by name to Ms Robison in subsequent conversations.

158 I recall that had similarly spoken to Mr Quinn and Mr Lockwood when they came to my home on 21 April 1994.

159 Ms Robison said words to the effect: "You need more feedback to the investigation so that you know what happened".

159.1 I saw Mr Quinn write something on paper.

159.2 To my knowledge neither of them did anything about this.

160 I recall that at that meeting on 10 April 1995, after I showed Mr Quinn and Ms Robison the letters on my file, Mr Quinn suggested that I go to Commonwealth Rehabilitation Services (CRS) in Port Macquarie and have 3 or 4 sessions of counselling for self esteem/confidence-building.

161 I agreed to go to CRS for 3 or 4 sessions of counselling for self-esteem, as I would have attended a TAFE-sourced similar staff development facility had it been offered. I recall thinking at the time that I wished that the document which I gave Mr Quinn and Ms Robison would be actioned in TAFE and that this would be better than 'counselling' outside TAFE.

162 As Mr Quinn and Ms Robison were ending the meeting Ms Robison said words to the effect: "I'm going to talk to Mike [Mr Quinn].

163 I was not aware at that time of Dr Ramsey's letter dated 17 January 1995 to Dr Willmott re HealthQuest and its handwritten note "For attention Kerry Walshaw".

164 Ms Robison and Mr Quinn saw documents in my file.

164.1 Ms Robison and Mr Quinn worked with and/or under Ms Kerrie Walshaw.

164.2 Ms Robison, Mr Quinn, and Ms Walshaw worked under the Directorship of Dr Gary Willmott.

165 Around this time, 10 April 1995, Ms Debbie Kennington, who had agreed to take the position of Head Teacher for the Section, telephoned me and I forwarded the Section program so that Ms Kennington could pick which classes she wished to teach next semester.

"Aggressive tendencies"

166 I have not seen or spoken with Mr Quinn since 10 April 1995.

167I was not aware at the time, but on 11 April 1995, the next day following the meeting of 10 April 1995, Mr Quinn contacted the Commonwealth Rehabilitation Services (CRS).

167.1 On 11 April 1995 CRS record states in part: "Initial referral" "aggressive tendencies, feelings of worthlessness…agreed to carry out initial interview and that Mrs Kerrison would have to seek professional counselling or CRS could not continue to be involved. Di Cook"

167.2 On 11 April 1995 I had only registered one day's absence from work for the past 9 months, and had actually made up that time in performing the Head Teacher duties.

167.3 I was not aggressive.

167.4 I had lodged written and verbal complaints regarding racial and gender discrimination, victimisation, and OH&S damage.

167.5 I had reported the possible crime of false entries in TAFE's public registers, and, although I did not know it at the time, the Managing Director Dr Gregor Ramsey had accepted my allegations as true.

167.6 I believed that the complaints/grievances were not actioned, instead they accumulated and compounded.

168 On 12 April 1995 I met with CRS officer Ms Dianne Cook. Ms Cook said words which I took to mean that in order to have 3-4 sessions of confidence building with CRS I had to go to a psychiatrist and submit to psychiatric process. Ms Cook did not give a reason for this.

TAFE conduct courses on confidence building and stress management

169 TAFE themselves conduct courses on personal development including confidence building, stress management, working with Aboriginals, and "special needs" students

170 TAFE select teachers to work with special program students such as EEO classes with one of the main criteria for selection being the applicant's abilities to support students with special needs such as long-term unemployed, women, Aboriginals, students with disabilities.

171 Soon after I commenced working in TAFE in 1983 and throughout my teaching in TAFE I was frequently selected to work on such courses.

172 Following that, whenever possible I applied to attend Staff Development courses applicable to confidence building and applied it as part of my care for students and other teachers in TAFE.

172.1 One of the TAFE officers who taught me to care for the students, especially those who came to TAFE under its EEO programs was my Participation and Equity Program (PEP) supervisor Ms Pene Loza.

172.2 During 1986/87, after selection through competitive process particularly relating to understanding of and caring for TAFE students who might be effected by low self-esteem and /or victims of discrimination and other personal issues, I was appointed as PEP Co-ordinator for Kempsey TAFE.

172.3 At various times during 1986/87 Ms Loza conducted staff development for the PEP Co-ordinators, and I found these courses to be particularly relevant to the care of people including vulnerable (sometimes traumatised) students in TAFE's EEO programs.

173 I only resigned from the position of TAFE EEO Co-ordinator because I was appointed as a full-time TAFE teacher of Business Services Administration Services Section in 1988, and as part of further training required to obtain formal teaching qualifications I was going to be in Sydney for much of the following 2 years and not in Kempsey TAFE available to run the PEP courses.

174 I believe that it was due to my reputation for caring for people, and my other demonstrated skills that other TAFE Co-ordinators continued to select me to teach on these courses because they said words to the effect that: "We only appoint special teachers for our special programs."I felt glad and proud to be selected and maintain my special interest in this area of caring for vulnerable people.

174.1 I also feel proud that other members of my family are also involved in caring for and kindness to others.

174.2 Many people comment to me on the kindness demonstrated by my husband of 40+ years and he frequently tell me, and I have seen, of actions he has done caring for and helping others for no reward other than personal satisfaction.

174.3 Our youngest daughter successfully applied to Lifeline to be trained as a telephone counsellor manning on a voluntary basis their Lifeline telephone service. She often told me of working at that at night, for no pay other than personal satisfaction, as well as performing her full-time paid job.

175 I felt at the time that I had benefited from the Staff Development that Ms Loza structured and taught, and believe that it greatly benefited me, and through my greater knowledge, benefited the students especially the vulnerable ones.

176 I believe that it was because I dissented to, and would not shut up about, apparent damage to vulnerable people in TAFE that TAFE Managing Director authorised and condoned an 'investigation' which did not contact key witnesses including Aboriginal student Mr Michael Smith and Ms Kylie Harrower.

176.1 Mr Smith and Ms Harrower allowed me to keep copies of their letters.

176.2 Ms Harrower said to me words to the effect: "I sent it to Dr Ramsey, to Ms McGregor, to the Director of NCI TAFE, and about 3 other places but did not get a reply from any of them."

(Ms Harrower's two-page letter attached marked 1a and 1b)

176.3 My husband recently said to me words to the effect: "I saw TJ (Mr Michael Smith) the other day and he said that still no-one [from TAFE] has contacted him."

177 From this I believe that TAFE are expending public resources to purchase/manufacture allegations against me rather than address issues including acknowledged false entries to TAFE's public registers and discrimination and victimisation in TAFE.

178 I believe that if I had not tried to stop what I believed to be damage to vulnerable people, including TAFE students, other teachers, and myself, and reported to TAFE Managing Director Dr Ramsey discrepancies in his 'investigation', that Dr Ramsey would not have authorised a forced psychiatric assessment of me.

179 I believe that TAFE officers including Ms McGregor, Ms Robison, Mr Quinn, Ms Walshaw manufactured allegations which they knew to be false about me because they hid their allegations and did not allow me to rebut them or provide evidence against their allegations before they wrote and published them in places where they could (and seemingly did) discredit me and cause me damage and loss.

1997 Ms Kerrie Walshaw -- "inform me of my employment status"

180 On or about November 1996 I heard of a TAFE officer who might attempt to assist me.

181 I recall that on or about 29 November 1996 I contacted Ms Heather Crawford A/Director Access and Equity South Sydney Institute of TAFE regarding my employment status. Ms Crawford reported back to me that she had contacted Kerrie Walshaw, and said to me words to the effect that: "Kerrie Walshaw will write and tell you what your employment status in the new year". I recall that Ms Walshaw did not do so, and nor did anyone else.

1997 - TAFE Legal Officer-- "employment status" "…assuming that Ms Kerrison's employment was terminated on 13 September 1996…"

182 Around 1999 I said to the Administrative Decisions Tribunal (ADT) words to the effect: "I have lodged FOI requests to TAFE and a lot of the pages they sent me were blank pieces of paper." The ADT directed TAFE to supply the originals of documents which had I had requested previously under FOI.

183Amongst the documents I received I found some pages of internal memos from and to TAFE Legal Officer Mr Peter Cribb.

184On reading those documents, some such pages appear to me to be part of a 4-page memo dated 8 October 1997 from Mr Peter Cribb TAFE's Legal Officer to Ms Ros Willaimson Assistant Director, Human Resources North Coast Institute of TAFE, with page 2 either missing or withheld. (Attached marked 2)

184.1 Page 1 Paragraph 1: "Whilst about to prepare the "two-page" summary …I received a request to provide a draft response to questions raised in the Legislative Council concerning Ms Kerrison's employment status…

184.2 Page 1 Paragraph 2: "The Hon Elizabeth Kirkby MLC has asked:

184.3 Page 1, Paragraph 3: "…Will the Minister provide details about the current employment status of Ms Val Kerrison with her employer Kempsey TAFE? Is Ms Kerrison still employed at Kempsey TAFE? Has Ms Kerrison's employment with Kempsey TAFE been terminated?"

184.4 Page 1, Paragraph 4: "From documents on the Legal Services Unit file it is not possible to give a definitive answer as to Ms Kerrison's employment status. It has been assumed that Ms Kerrison's employment has been terminated for the purposes of the Anti-Discrimination Board proceedings.

184.5 Page 4, Paragraph ii) "Following the resolution of the appeal did TAFE send any correspondence to Ms Kerrison advising her of the outcome of her appeal or discussing her employment status? If so, please provide me with a copy. [handwritten note: 'NO']"

184.6 Page 4, Paragraph iii) "Are there any other relevant documents on your files concerning the fact or date of termination of Ms Kerrison's employment? If so, please provide me with a copy. [handwritten note: 'send pay final monies record']

TAFE -- Voluntary Redundancy package - Val Kerrison

185 Amongst papers supplied by TAFE in around 1999 to the Administrative Decisions Tribunal (ADT) and then to the Industrial Relations Commission was a page headed "TAFE Miscellaneous worksheet" containing the words "V.R. Package" [perceived to be Voluntary Redundancy Package] and "$48,779" and "Kerrison Val". The page does not include the date which it was written (See Attachment marked 3a)

185.1 NSW Industrial Gazette Vol 298 9 May 1997 states that effective from 1 July 1997 the wage for teachers on Step 4 to be $48,779. (See Attachment marked 3b)

186 On 27 April 2001 I recall that Mr Kenzie (barrister for the Respondent TAFE) say words that I took to mean that TAFE officer Ms Sharyn Scuglia remembers compiling it, but that she had not written handwritten references "CV" at the top and "J49" at the bottom.

186.1 Those were references were filing and source references which I added as part of my filing system so that I can file and source the documents for identification purposes when necessary.

Filing and Source References

187 Many documents in my files were not supplied to me as and when they were written.

188 Through FOI requests and then Tribunal and court directions, bundles of documents have been supplied intermittently through 1995 to the present day.

188.1 Due to the spasmodic nature of their disclosure to me I have added filing and source references to their edges in order to record the source and timeframe during which those documents were supplied to me.

188.2 I added the references in places where I believe they do not distort or mislead as to the contents of those documents but enable me to source the documents for identification purposes when necessary and as required by the Crown Solicitors for the Respondent in legal proceedings.

17 July 1997 …"nothing has been finalised"

189On 17 July 1997 State Super record, supplied to ADB and then to IR Commission shows inter alia: "[State Super] phoned Chris McPherson [NCI TAFE officer] - member was [reported in TAFE documents to State Super] retired, but is still appealing no decision - nothing has been finalised." (See attached marked 3C)

190 I recall that late 1996 and during 1997 I wrote to and contacted members of parliament and also made representations on my own behalf, informing, amongst other things that the last employment status which TAFE had officially contacted me and informed me of had been when Ms Walshaw wrote and informed me in April 1996 that TAFE had somehow placed me on Sick Leave Without Pay (albeit without my knowledge, input, or consent).

191 I recall that I asked questions as to what my employment status was.

192 I recall that I had also asked that I be allowed to resume my duties.

193On 29 July 1997 the Minister Mr John Aquilina wrote to Mr B Jeffery, MP; The Hon E Kirkby MLC, and Ms V Kerrison, 3 individual letters which all stated inter alia that: "[Ms Kerrison] will be given every opportunity to pursue her claims in the conciliation conference that will be arranged by the Anti-Discrimination Board." (See letters attached marked 3D, 3E, and 3F)

AntiDiscrimination Board Meeting 20 October 1997

194 In 1997 TAFE legal officer Mr Peter Cribb, TAFE officers Ms Elizabeth McGregor and Ms Ros Williamson were invited by the Anti-discrimination Board to attend a conciliation conference with me and we met on or around 20 October 1997.

195 At the Conciliation meeting I recall vividly TAFE Legal Officer Mr Peter Cribb stood and in a threatening manner shouted at me: "Have you ever said the word 'gun'?" and repeated this again and again. I recall that an AntiDiscrimination Board conciliation officer Mr Gerardo De Liseo then stood and repeated what I felt to be assault by demanding "Have you ever said the word 'gun'?"

196 I recall that my support person attempted to protect me from the TAFE and ADB officers by standing and saying "Don't answer that! Don't answer that!"

196.1 Since then, my support person at that meeting said to me words to the effect: "Yes, I remember that too."

197 I recall that at the meeting at the ADB on 20 October 1997 Mr Cribb said (I don't recall how many times but it seemed excessive) words to the effect: "What was the 4-word statement you said about 'the only way to solve the problem is with a gun and that is in relation to yourself and another person in TAFE'."

197.1 I have never said or implied such allegation.

198 I recall that Mr Cribb then repeatedly demanded words to the effect: "What was the 4-word statement you referred to?" I repeatedly replied words to the effect: "I said 'No-one wants to know'.".

198.1 I recall that at that meeting TAFE legal officer Mr Peter Cribb, TAFE officers Ms Elizabeth McGregor and Ms Ros Williamson proposed to me that I lodge a grievance using TAFE's new Grievance Policy and added words to the effect "We will help you lodge the grievance".

198.2 TAFE's Grievance Policy is only applicable to be used by TAFE's employees.

198.3 TAFE Voluntary Redundancy package is only applicable to TAFE employees.

199 I recall that on 8, September 1994 TAFE officers, Ms McGregor and Ms Maureen O'Sullivan had, in a threatening manner said to me words to the effect: "the Managing Director will not allow it [further grievance from Kerrison] to happen again. If you [Kerrison] lodge another complaint it will be very dangerous to you". I recall that Ms McGregor repeated similar words on or around 9, and 13 September 1996.

199.1 I recall it vividly because it added to my nightmares and feelings of fear and horror that I suffered from their actions and unsubstantiated stemming from uncovering their allegations in 1995.

199.2 In late 1995, when I first began accessing the documents compiled without my knowledge or input by TAFE and HealthQuest the severe chest pains and feelings of horror and fear, became too much, I collapsed and I was taken to a nearby doctor who had an electrocardiograph administered on me.

199.3 After the meeting at the ADB, and after it seemed apparent to me that TAFE were not going to investigate as they assured the ADB that they would, because of feelings of fear, and not knowing what Kempsey-located TAFE officers (Ms Elizabeth McGregor and Ms Gail Robison)' and Mr Quinn from Lismore or somewhere, would do or write next, I felt forced to leave my home and husband in Kempsey, and come to Sydney.

199.4 I have resided in Sydney most of the time since.

AntiDiscrimination Board -- "…that TAFE would be conduct [ing] the investigation in accordance with the new grievance policy and procedure and that Ms Kerrison would be involved in the process…"

200 On 20 October 1997 TAFE and I met at the ADB as parties to conciliation meeting.

201At that meeting I recall that TAFE Legal Officer Mr Peter Cribb and officers Ms Elizabeth McGregor and Ms Williamson put forward a proposal saying words which I understood to mean: "NCI TAFE will help you lodge a grievance using TAFE's new Grievance Policy" and "TAFE will get someone outside NCI TAFE to investigate it" and "you [Kerrison] will be invited to have input ".

202 My copy of "New South Wales Technical and Further Education Commission - Teachers and Other Educational Staff "signed 31 January 1994 states in part.

"32 Grievance Resolution

"32.1.1: "This process shall apply to all education staff as defined."

203 On 21 October 1997 Ms Jill Moir Conciliation Officer for the AntiDiscrimination Board wrote a letter addressed to Mr Peter Cribb Legal Officer Legal Services TAFE NSW. (See ADB 2-page letter Attachment marked 4)

203.1 ADB letter to TAFE 21 October 1997, Page 1, Paragraph 3: "Ms Williamson stated that TAFE would conduct the investigation in accordance with the new grievance policy and procedure and that Ms Kerrison would be involved in the process. The investigation would be conducted by an officer from another district in TAFE and would be done in conjunctions with Ms Williamson."

1997 - TAFE Legal Officer -- "…assuming that Ms Kerrison's employment was terminated on 13 September 1996…"

204On 21 October 1997 (the day following the meeting at the ADB, TAFE Legal Officer Mr Peter Cribb wrote a memorandum and faxed it from TAFE Legal Services to Ms Ros Williamson, Assistant Director, Human Resources, North Coast Institute of TAFE. (See Attachment marked 5)

204.1 On Page 3, Paragraph 3 Mr Cribb wrote in part: "…Was her employment effectively terminated on 13 September 1996 following the disallowance of her appeal to the Medical Appeals Panel? Even assuming that Ms Kerrison's employment was terminated on 13 September 1996…"

Application -- extended leave

205 I perceived that there were ongoing outstanding and apparently ignored serious matters including possible criminal action of someone illegally taking my extended leave, and due to TAFE's previous refusal to allow me to access it I applied to its Legal Officer Mr Peter Cribb.

206On 22 March 2001 I wrote to TAFE Senior Legal Officer Mr Peter Cribb and enclosed my signed TAFE Application for Leave. (Attachment marked 6)

207 I hand-delivered the application to Mr Cribb's workplace.

208 I now perceive from looking at my records that the official application dated 22 March 2001 for part of my extended leave was not actioned.

209 I believe that Mr Cribb has the legal knowledge to recognise possible breaches of law including unauthorised changes to registers recording my entitlements.

210To my knowledge neither Mr Cribb nor anyone else responsible for ensuring that TAFE officers comply with the law, including TAFE Managing Director Dr Boston and the Minister Mr Aquilina, has reported possible fraud, and/or possible false entries to TAFE's public registers, and/or fake retirement certificates to the police.

211I have not authorised anyone to take my extended leave.

212 I have not signed a request to resign or retire.

TAFE Teacher Ms Pene Loza

213 Sometime during the year 2000 an acquaintance Mr Gerard Crewdson said to me words to the effect: "I've heard about a whole workplace being referred to HealthQuest. It's an organisation funded by DOCS (Department of Community Services) from the NorthCoastregion. A Pene Loza has contacted Cynthia [Kardell President Whistleblowers Australia NSW Branch]."

214 I remembered that I had worked with a Ms Pene Loza while in TAFE. I contacted the telephone number given to Ms Kardell and found that the person whom I contacted was the same Pene Loza that I knew. Ms Loza said to me words to the effect: "TAFE HealthQuested me in 1992. Then Leonie asked me to work in …under DOCS. Then they tried to HealthQuest us, and when this did not work they made us redundant."

215 When I was talking to Ms Loza, she mentioned that Ms Kerrie Walshaw and Ms Kay Eliasson were involved in a summary removal from duties while she was working, and the phrase "medical retirement' was used. This sounded similar to my situation.

216After I was served with affidavits by Ms Kerrie Walshaw and Dr Ramsey I contacted Ms Loza and asked whether I could use documents which she had previously supplied to me relating to actions taken by Ms Walshaw and Ms Eliasson (who is mentioned in Ms Walshaw's affidavit).

217I believe that Dr Ramsey was Managing Director in 1992.

218Ms Loza responded to my request by also making an affidavit setting out the details of what had happened to her in TAFE.

218.1 Her affidavit was sworn on 23 August 2001, and will be filed and served along with this affidavit.

219 At Page 7, Paragraph 40, Ms Pene Loza reports:

"In hindsight, it is apparent that I was duped into believing that the Healthquest Certificate was an official document and that TAFE was acting legally in terminating my employment and 'retiring me on medical grounds'."

(See Affidavit sworn by Ms Pene Loza on 23 August 2001 which is filed separately at Industrial Relations Commission and served together with this affidavit).

Russell Tribunal investigation into human rights violations in psychiatric practice - Accusation to World Psychiatric Association - Berlin 2001

220 In 2001 I first accessed the web-site for the Russell Tribunal.

221 On that site were records relating to practices by psychiatrists/medical practitioners which appear to me to be relevant to the affidavits submitted by the Respondent including Dr Helen Jagger referring to Dr Eva Mandel who, as a HealthQuest psychiatrist jointly signed a document titled "Retirement Certificate" with Dr Jagger.

222On the Russell Tribunal website I found and printed documents stating that "The UNO High Commissioner for Human Rights, Ms Mary Robinson, will be sending a delegate who will open the conference [Russell Tribunal on Human Rights in Psychiatry] with a welcome address. This event will be an important contribution to preparations for the World Conference Against Racism.. I put this forward as part of my reply to the respondent's affidavits (See Attachment marked 7)

223Accompanying documents recorded in part:

223.1 "Contentions:

223.2 1. Mental illness is a legal-psychiatric fiction…

223.3 2. Psychiatric practices rest on the twin pillars of civil commitment and the insanity defence. Neither intervention serves the best interests …Both interventions serve the interest of the patient's adversaries and/or of the family or society.

223.4 3. The fiction of mental illness inexorably generates its corollary, the fiction of psychiatric treatment. Combined with coercion (civil commitment), the concept of psychiatric treatment thus becomes a ready weapon, in the hands of the family or the state, for controlling, punishing, and destroying individuals unwanted by those in control of the psychiatric vocabulary, especially those in political authority. But for the fiction of treatment of illness, such conduct would be recognized as torture.

223.5 4. Article 18 of the UN Declaration of Human Rights guarantees the right to freedom of thought to everyone…

223.6 "Charge

…Accordingly, we charge psychiatry as a profession, and psychiatrists as persons and physicians, with the following outrages against humanity:

Psychiatry,

a) makes the psychiatric profession the final arbiter of normalcy, converting societal normative judgments into pseudo-medical ones that psychiatrists are uniquely qualified to impose;

b) creates the status condition called "mental illness" that can be ascribed for malevolent, negligent, or paternalistic reasons, moreover, since there are no physical markers to examine, the so-called "diagnosis" cannot be disproved by those accused; psychiatry thus creates a status of human subservience to those legitimized with identifying who is mentally ill;

c) dehumanizes and delegimizes individuals characterized as "mentally ill"…

f) encourages preventive detention by casting a wide net of future dangerousness in the guise of mental health diagnosis…

g) stigmatizes those identified as mentally ill, providing opportunity to those who would discredit their political views, deny them employment, or mistreat them in other ways; …

i ) …As a direct result of these premises, psychiatrists initiated the extermination of "undesirables" in Germany in the 1930s Psychiatric principles and practices helped the Soviet Union, and now help the Chinese Communist government, hide, as medical treatment, a system of incarcerating, torturing, and discrediting dissidents. The same psychiatric principles and practices have encouraged, and continue to encourage the deprivation of human rights in the United States and many other countries..."

223.7 I put this document forward as part of my reply to the respondent's affidavits (See Attachment marked 8)

224My complaint including HealthQuest psychiatrist Dr Eva Mandel and medical practitioner Dr Helen Jagger in conjunction with TAFE has been accepted by the Russell Tribunal.

225 I believe that other people in Australia have also submitted their allegations about employers' hiring of psychiatrists to discredit them when they expressed dissent in the workplace to the Russell Tribunal and those complaints have also been accepted for consideration by the Russell Tribunal as part of the Freedom of Thought action against psychiatry as a profession and psychiatrists as individuals because they were acknowledged through my email.

226I read also a letter addressed to World Psychiatric Association, inviting it to join in the proceedings in defence of their policies - at the "Fifth International Russell Tribunal…carried through under the heading of Freedom of Thought."

226.1 I read also that: "The United Nations High Commissioner for Human Rights, Mary Robinson, will send a delegate to speak…We plan to continue the Tribunal in New York in 2002, and perhaps also in Jerusalem." I put this forward as part of my reply to the respondent's affidavits (See Attachment marked 9)

227On 21 July 2001, in the Russell Tribunal documents I read the

"Verdict of the Russell Tribunal on Psychiatry

…the Tribunal is convinced that the serious abuse of human rights in the name of psychiatry is widespread but largely unrecognized….We consider the concept of 'mental illness' and the 'medical model' of psychiatry to explain human behaviour dangerous and fallacious …we are determined to continue our investigations and hearings and to use the media and all means of communication available to explore these abuses and to alert public opinion to the dangers to human freedom presented by the uncritical acceptance of the claims and practices of psychiatry…[psychiatry] even takes on the role of a highly paid and respected agent of social control and international police force over behaviour and the repression of political and social dissent…We find psychiatry guilty of the combination of force and unaccountability, a classic definition of totalitarian systems…"

I put this forward as part of my reply to the respondent's affidavits (See Attachment marked 10)

REPLIES SPECIFIC TO PARTS OF RESPONDENT'S AFFIDAVITS

228 Affidavit sworn by Mr Mike Quinn:

229 I dispute Mr Quinn's version of events including.

229.1 Page 2, Paragraph 4 (b): At no time did I make or express threats to Ms Robison. At no time did I make threats involving physical harm with a firearm directed towards Rhonda Hayes and others. At no time did I say words to the effect: "I won't be responsible for my own actions".

229.2 Page 3, Paragraph 5: At the meeting on 21 April 1994, at no time did I slam the table with my hand. At no time did I raise my voice. I did not say words to the effect: "I am sorry about my behaviour, I am on medication". At no time in April 1994 was I on medication. At no time have I ever worked for the Water Board.

230 The last time that I spoke or communicated with Mr Quinn in any way was at a meeting with him and Ms Robison in the morning of 10 April 1995.

231 Affidavit sworn by Ms Gail Robison:

232 I dispute Ms Robison's version of events including.

232.1 Page 1, Paragraph 2: At no time did I say to Ms Robison words to the effect: "The only time I want you to help me is when I ask you to." At no time did I say such words or anything similar to any person.

232.2 Page 1, Paragraph 3: At no time did I say to Ms Robison words to the effect that: "Nobody cares about me" . I have seen Ms Robison make decisions.

232.3 Page 2, Paragraph 5: At no time did I say to Ms Robison words to the effect that: "What are you doing here? Have you just got forms for me to fill in?" At no time did I turn up music very loud. At no time did I pace the floor for about 10 to 15 minutes."

232.4 Page 2, Paragraph 6: At no time did I say the words alleged by Ms Robison. At no time did I say to Ms Robison words to the effect that I "felt suicidal" At no time did I say such words or anything similar to any person.

232.5 Page 2, Paragraph 7: At no time did I say the words alleged by Ms Robison. Ms Robison met with me from 11 - 31 July 1994 and at no time did I say to Ms Robison words to the effect: "If I had a gun I would shoot myself". At no time did I say such words or anything similar to any person.

233 Affidavit sworn by Ms Elizabeth McGregor:

234 I dispute Ms McGregor's version of events including.

234.1 Page 3, Paragraph 15: I did not at any time say or imply that anyone was "useless and should be shot."

234.2 Page 4, Paragraph 23: At no time did Ms McGregor "ask[ed] the rehabilitation officer to join us."

234.3 I recall that on or about 13 September 1994 Ms McGregor said to me words to the effect: "…Maureen made clear the other day about the fact that it can actually be dangerous to you if it [a grievance] is ill-founded…"

235 In reply specific to Affidavit sworn by Ms Sharyn Scuglia:

236 I do not know a Ms Sharyn Scuglia.

237 I dispute Ms Scuglia's version of events:

238 At no time have I ever telephoned and asked to speak to a Ms Sharyn Scuglia.

239 At no time did I say to a Ms Scuglia or anyone else "why was my consent to the salary overpayment being debited not sought".

240 I have not authorised or given authority to any person to take or debit my accrued leave entitlements.

241 Affidavit sworn by Ms Kerrie Walshaw:

242 I dispute Ms Walshaw's version of events.

SWORN By the Deponent )

At Sydney )

Before me: )

On the day of September in the year two thousand and one.

Solicitor/Justice of the Peace Deponent