Notes taken as participant of the WA Public Health Order Legal Challenge Zoom Meeting that occurred in Early December 2021
WA PHO Legal Challenge
WA Public Health Act is quite more explicit than other states’ Public Health policies and Acts:
• CHO is granted powers via Public Health Act within constraints such as being proportionate to the Public Health Risk.
• Has to pursue any action as CHO which has the lowest impact and risk
• WA Public Health CHO Supreme court challenge is not a class action, it’s a challenge using judicial review within the Supreme Court
• Plaintiff representing WAPOL is Ben Falconer
All industries would have a set precedent to refer to, not just industries which have a plaintiff represented.
To run this case through to end of trial is $150k - $200k, if you lose with costs awarded against you, you can probably double that amount.
There’s now 6-7 industries involved. Need about 1,000 people involved, currently have 600 people (roughly $700 a head).
Using gentlemen’s agreement when adding money into the WA PHO Trust bank account. Bill is shared evenly regardless of amount of industry participants.
What is the aim of the Challenge?
1. Was the PHO done within the CHO’s given powers (as granted by the WA Public Health Act?)
2. Anyone terminated by the CHO’s PHOs will be declared unlawful. If you have been terminated lodge unfair dismissal within 21 days of dismissal with the FWC.
3. Check with own industry whether there is any IDR processes that need to be completed first prior to applying to the FWC.
4. Aim for 1,000 people contributing $700 a head ($700k). Suggested amount at present is $300 a head.
When is case with WAPOL starting?
1. Initial hearing is December 16th 2021.
2. Fluid situation so things keep changing.
3. 7 different cases means 1 case can win & 6 cases can lose. Each industry case is specifically tailored.
Are payments made to United WA Health Services’ bank account tax deductible?
Support workers / community services workers? Disability care? “Renea O’Neill” have about 35-40 members within 24 hours.
Education industry mandate includes both Private and Public Sector Teacher and Education workers.
What methods and places are available to spread awareness?
1. WA Industries United (all workers, having a website coming up now). Just sharing this sort of information around is not about fundraising but gaining public interest, MSM attention, show public it’s not just tinfoil hat wearing anti-vaxxers.
2. New flyer will be posted to Telegram channel tomorrow
3. Also real important to talk to people, reaching out to them.
4. Jordan McDonald retired WAPOL officer was on Channel Seven’s monday night show “Flashpoint” last week.
5. Lot of mainstream media just going along because they’ve never thought about the issue of Mandatory Workplace vaccinations differently. They weren’t able to really twist Jordan’s words during his interview on “Flashpoint.”
6. Definitely be careful with the mainstream media but still need their focus and attention on it.
Bank account is preferred as opposed to the GoFundMe.
Enough money to kick off process but not to take them to trial and definitely not enough to pay awarded costs.
United Services WA is an unincorporated association.
USA is changing at the moment; tide is turning & serious legal challenges being formulated & lodged in appropriate courts.
There are currently a number of class actions being heard in the Eastern states of Australia
How long do you expect until the case is resolved? First hearing is scheduled for Mid-January and Barrister Shane Prince is being engaged.
Q: Is there any finance / insurance industry representation?
A: Has spoken to a stockbroker and banker today and there will be a telegram group made for this sector in the coming days / weeks.
Q: Is the State of Western Australia being named as a respondent?
A: Yes. The WA CHO (Andrew Robertson) & Police Commissioner (Chris Dawson) are also being named and listed as respondents.
A member in this telegram group chat who is a Federal Australian Government employee was granted a medical exemption from a doctor but the WA State Government did not accept similarly.
PHO must be complied with except when there’s a reasonable excuse to not comply with it.