Document

Letter from WBDE Procedural Fairness Panel to key players

 

WBDE PANELS
Procedural Fairness/Natural Justice

PO Box 140
NEWTOWN  NSW  2204

  18    July 2005

PANEL PROJECT

APPLICATION FOR PROCEDURAL FAIRNESS/NATURAL JUSTICE TO BE ACCORDED TO VALDA JUNE KERRISON, HER FAMILY, HER ASSOCIATES, AND HER TAFE STUDENTS.

FOR THE PERSONAL URGENT ATTENTION OF:

            [LIST includes TAFE employees, TAFE’s lawyers, Crown Solicitor’s office, Politicians (Carr, Iemma, HealthQuest’s employees and suppliers, etc]


We enclose for your information a coloured single page headed “PROCEDURAL FAIRNESS AND NATURAL JUSTICE SOME REFERENCES AND INFORMATION”. It includes public references which you may find helpful.  These references are not exhaustive or complete.  We do not give or profess to give you or anyone else legal advice and at all times you have the right to obtain your own legal advice and assistance in order to reply below and/or make a defense. 

At the end of this document is attached a list of documents and decisions which have been supplied to WBDE panels to be background and decisions to be judged for procedural fairness/ natural justice.  , and a summary list headed “LIST OF DOCUMENTS FOR INQUIRY AND ACTION BY WBDE PROCEDURAL FAIRNESS AND NATURAL JUSTICE PANELS ” with the cross-referenced numbered items appended. 

After 14 days from the date of this notice our panel members will be inquiring into this matter and may decide that any or all of the documents show that allegations and actions were committed without affording the basic human right of procedural fairness/natural justice to all the people affected.  If so our Panel members may deem them set aside as null and void.  Accordingly if you wish to put information to the panel members to consider before making their decision (natural justice) please post it to reach, within 14 days:

[ …], WBDE PANELS, PO BOX 140, NEWTOWN, NSW, 2042

Those seeking procedural fairness, natural justice

In accordance with the information attached, the people affected by professional and/or personal derogatory allegations against Mrs Kerrison are entitled to procedural fairness, and this includes Mrs Val Kerrison, her family and associates, and her TAFE students who are entitled to fairness in the reputation and professionalism of their education and qualifications. 

Their Claim:

Persons affected by the list of documents attached opine that:

a)      All of the damaging derogatory allegations and decisions which commenced 1994 then followed on from, and built on each other, were compiled clandestinely, stored and circulated clandestinely in various places including TAFE, HealthQuest, Dept of Health’s Medical Appeals Panel, and only revealed through numerous Freedom Of Information (FOI) requests and other processes long after.  Therefore it is claimed that  Mrs Kerrison and others affected by decisions to act, write, store, publish etc had no opportunity to protect themselves and put their case before the detrimental decisions and actions were performed; and

b)      All of the damaging decisions and damaging derogatory allegations, and any others which still have not yet been revealed to her, were committed without procedural fairness and/or natural justice and affected the rights of Valda Kerrison; and others to Natural Justice and Fairness; and

c)      All of the items on the list pages 4-11 below and attachments were linked by a common aim, i.e. to:

a.       manufacture a false forced retirement of Valda Kerrison from TAFE employment, and/or

b.       manufacture a false [fraudulent?] certificate by HealthQuest to be used by TAFE and others, and/or

c.       manufacture false slurs and impugnation on her reputation both personally and professionally, and/or

d.       annex all of her accumulated extended leave entitlements; and/or

e.       annex all of her accumulated sick leave entitlements; and/or

f.        perform detrimental actions to avoid addressing

                                                   i.      Aboriginal and other racial discrimination and/or victimisation in TAFE, and/or

                                                 ii.       criminal actions including false entries on public registers, threats to a potential witness of criminal acts in TAFE, aiding and abetting criminal acts(as above) in TAFE, and/or

                                                iii.      harmful Occupational Health and Safety acts by Department of Education/TAFE and Department of Health personnel, and/or

                                               iv.       breaches of Privacy Act by Department of Education/TAFE and Department of Health personnel

                                                 v.      other

d)       The decisions and allegations were committed before they were revealed to Mrs Kerrison; therefore those documents attached demonstrate clearly and unequivocally that procedural fairness and or natural justice were not accorded to any of the parties including Mrs Kerrison.

e)        Due to the unfairness of the decisions and actions and the single and combined detrimental affect to the rights of

a.       Val Kerrison, and

b.       her family and friends, and

c.       her associates, and

d.        her students,

the decisions and documents are automatically null and void, and every proceeding which is founded on any or all are also bad and incurably bad and therefore collapsed and null and void

f)       This falls within the scope and expertise of WBDE Panels.

WBDE will appoint at least one Panel of independent adults who have demonstrated their knowledge and application of human rights including procedural fairness/natural justice to act on the Panel/s appointed to address this case. 

As the documents appear to either personally identify you or a responsible office you held at relevant periods to date we consider you are held responsible to ethically manage and/or control those duties, people and/or organizations apparently identified.  Therefore we contact you to ask for your co-operation to apply and ensure proper application of Australian and NSW laws and justice including the human right of procedural fairness and natural justice.

WE ASK:  Did you, personally, accord PROCEDURAL FAIRNESS AND NATURAL JUSTICE to Val Kerrison, her family and associates, and her students before any or all of the following documents actions decisions were committed?

     IF “YES”, and you wish to establish this, you would need to supply to us within 14 (fourteen) days of the above date your first-hand evidence including at least

i)                    Identify the individual/s who accorded this justice right,

ii)                   Specify the specific date, location, time, it was accorded

iii)                 All documents by the relevant parties  needed to show such alleged Procedural fairness/natural justice was accorded. 

MAIL ALL THIS MATERIAL TO: DR A EHL, WBDE PANEL, PO BOX 140, NEWTOWN, NSW, 2042

If the Panel requires further information it will contact you in due course.

     IF “NO”:  It is taken that as at this date you hold no evidence of procedural fairness and therefore agree

      that procedural fairness/natural justice was not accorded unless it was accorded by some other person. 

Similar to the “NO” option above, your non-response to this documentation is held to be your agreement that you did not accord procedural fairness and/or natural justice and any or all of the listed documents and actions may be deemed null and void.

This action does not in any way free you from any responsibility to ensure you and other staff act efficiently and ethically and within Australian law and justice undertakings.  If you are responsible in any way you should ensure that justice and fairness has occurred at all times, apparent breaches of law duly reported to the authorities as required, and damage made good  .  

If the Panel judge any or all items on the list to have been committed without procedural fairness/natural justice being accorded to Val Kerrison and her family and associates and students, the WBDE Procedural Fairness/ Natural Justice Panel is asked to formally declare it or them null and void and formally publish and notify the parties accordingly.  In accordance with procedural fairness, every proceeding founded on or relying on a nullity is also void as being incurably bad.

This project, its documents, replies, determinations and observations may be used worldwide for any or all of the following:

§         publish in various forums and media

§         use for other investigations

§         use for studies and education,

§          use to petition authorities and

§         use to lobby for awards or reforms 

WBDE panel participation is a people’s initiative arising from dissatisfaction with the performance of existing appointed organizations and personnel who have been perceived to have failed to perform sufficiently effectively to serve the public interest.

Yours faithfully

(signed) S Clarke

WBDE PF/NJ PANEL

[ Further information on public record ]