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Self Employed Australia

"Everyone needs an Advocate"

“Everyone needs an Advocate”

  • Current Advocacy
    • Reforming the ATO
    • Fair Contracts
    • Fixing Disputes/Prompt Payment
    • The ‘Gig’ Economy
  • Past Advocacy
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    • Defending ABN Contractors
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    • Independent Contractors: How Many?
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    • Submissions
    • Independent Contractors: How Many?
  • NotAboveTheLaw
    • Robodebt
    • Hotel Quarantine 2020
    • Chemical Fire 2019
  • Be Your Own Boss

Self-Employed Australia

Apparently we’re a ‘cancer’ according to the Albanese government

August 29, 2022 by Self-Employed Australia

cancer-aged-care-gigWorkplace Relations Minister Tony Burke recently called gig work a ‘cancer’. Give us a break! What a ridiculous overstatement.

Let’s get real. Only 0.19 per cent of workers earn their full-time income through gig platforms. Yes, 0.19 per cent! That’s it. But, on the back of this cancerous depiction of gig work, the Albanese government intends to clamp down on it.

People who do gig work are, by definition, self-employed. Attacking gig means attacking self-employed people. Burke’s comment is insulting to self-employed people.

But if we’re going to apply such politically emotive language to policy analysis, where’s the real ‘cancer’?

Take the aged care sector. This is one sector Minister Burke identified as having a (cancer) problem.

The 2020–21 Royal Commission into Aged Care exposed abusive treatment of people in aged care. It was and is a massive scandal. The Royal Commission recommended that self-employed people and gig work be banned from aged care.

However, the Royal Commission offered no evidence as to why self-employment/gig should be outlawed. Was it because self-employed people abused elderly people? The Commission was silent. The fact is, however, that 96 per cent of people working in aged care are direct employees of aged care providers. Surely this overwhelming percentage would suggest that the problem lies in employment, not with self-employment/gig.

Facts speak louder than assumptions.

Care workers in aged care are on rock-bottom low wages. This leads to high worker turnover and lower quality care. Low pay rates occur because the award minimum pay rates, in practice, are the maximum being paid.

But the evidence is that the 4 per cent of workers in aged care who are self-employed are routinely paid more than employees. This evidence, which is accepted as valid, comes from Mable the largest gig platform operating in aged care. The higher rates occur because the self-employed workers are free to negotiate their remuneration directly with the people they care for. This doesn’t happen with employees.

The Commonwealth funds aged care. But there’s evidence to suggest much of that money disappears into a black hole. Look at these facts.

Funding for the top level in-home care is around $114 per hour. Aged care ‘providers’ are overwhelmingly not-for-profit charities and manage the money. They pay their ‘employed’ award workers roughly $32 an hour (casual). Add workers’ compensation premiums and so on and the cost is $35 an hour. The providers routinely charge another 32 per cent ($36 an hour) for their services of assessing and monitoring need, and organising workers.

There’s a gap, therefore, of $43 an hour of unexplained and unaccounted Commonwealth funding. What’s going on?

This month, media leaks from a yet-to-be-released Health Department report state that 9-in-10 in-home care providers don’t meet minimum government price transparency requirements. Some 275,000 older Australians receiving government-funded home care can lose up to 60 per cent of their allocated money in provider fees.

This ‘disappearing’ money is being spent on “excluded items” such as holidays, TVs, renovations and more. Maybe a good portion of this expenditure is justified? But is this where $43 an hour goes?

What is obvious is that the front-line employees doing the care are paid rubbish. Surely within existing funding budgets there is ample room to pay workers more. There’s a lot of fat in the system. Self-employed gig workers individually can and do negotiate higher remuneration. This doesn’t happen with employees.

What really emerges is that it’s the employed 96 per cent of workers in aged care who are being exploited by the ‘employment’ system.

The ‘cancer’ in aged care looks much more like the result of employment management systems than the outcome of gig platforms. In fact, gig-organised self-employment could well be the answer to a sick aged care system.

The Albanese government should take off its ‘cancer’ blinkers. Gig and self-employment offer real solutions, not problems.

Filed Under: 'Insecure Work', Defining Self-employment, Independent contracting, News Updates, Rule of law, Self-employment, The Gig Economy, The nature of work

Unions and labour lawyers in panic. High Court disaster!

August 22, 2022 by Self-Employed Australia

contract-kingA major High Court decision in February this year has sent unions and labour lawyers into a panic. The High Court declared that when deciding whether a worker is an employee or self-employed that the written contract is king!

We’ve waited until we received detailed legal analysis of the decision before making comment, which we can now do. We’ll send out several news alerts on this. It’s extremely important.

In simple layperson’s terms the High Court has said that:

  • If a written contract is clear and comprehensive, a court must primarily rely on the written contract in coming to a decision.

This seemingly knocks out what’s been used for the last 40 years or more. Courts have applied the ‘multifactorial’ test, which is a basket of behavioural indicators only one of which is the written contract. The High Court has said that the lower courts have misunderstood the situation and that the High Court has always had the view that the written contract is supreme.

This has sent unions and labour lawyers into a spin. The multifactorial test has been great for lawyers and unions because they could retrospectively examine a case going back years. It is a great source of income for lawyers and has allowed unions to intimidate businesses and self-employed people.

But the High Court has said that it has a duty to create certainty, stating that the multifactorial test:

“… is apt to generate considerable uncertainty, both for parties and for the courts.”

And

“It is the task of the courts to promote certainty with respect to a relationship of such fundamental importance.”

We see this as extremely important. There are 2.1 million self-employed people in Australia. We have a right to clarity and certainty. The High Court has done the right thing by society in its drive for clarity.

But there are others who want uncertainty. This is bad. And the pressure is already coming on the Albanese government to pass legislation to create uncertainty. We will campaign strongly against this.

But first we want to ensure that there is clarity about what the 99-page High Court judgement says.

We’ve prepared the following links for SEA members:

  • A layperson’s summary. We’ve had lawyers check this.
  • Key excerpts from the judgment.
  • A PDF of the judgement with important quotations highlighted.

We’ll have more information and comments soon.

Filed Under: Defining Self-employment, Independent contracting, News Updates, Self-Employed Australia, Self-employment, The Gig Economy, The nature of work

Paying small business on time. Albo: Please keep the good bits of the ABCC!

August 9, 2022 by Self-Employed Australia

paying-on-timeThe most important, practical issue facing all small business people is getting paid on time. But when working for a large business, far too many of us self-employed ‘mugs’ discover that we’re being used as a cheap source of finance for our ‘clients’ through delayed payments.

Payment reporting

The Morrison government set up a ‘big business–pay small business on time’ reporting system. The Small Business Ombudsman’s latest analysis of payment times shows that ‘more than half of big businesses are missing their own deadlines for paying their small business suppliers’. This is damning of Australian big business. It’s a rort that’s being going on for decades.

Construction sector ‘pay on time’

But there is one brighter spot. In the construction sector, subbies are routinely screwed over by big builders paying invoices really late. However, the construction regulator, the ABCC, runs a system requiring builders to pay subbies on time. It’s very effective.

This is because the ABCC’s power enables a significant ‘closing of the stable door before the horse bolts’. The key is that the ABCC’s powers rely on commercial triggers, rather than complex legal or administrative processes.

That is, construction contractors risk losing access to Commonwealth government-funded contracts if they fail to pay their subcontractors on time. It works really well. The outcome is that big builders don’t dare pay subbies late. The commercial risk is too high.

However, the construction unions hate the ABCC because the ABCC takes militant unions to court for breaking the law. Now the Albanese government is to close the ABCC to keep the unions happy. Okay. Fair enough. We all understand the political play.

Please keep the good bits, Albo!

We’re asking the Albanese government to ‘please keep the good bits of the ABCC’. In other words, keep the processes in construction that ensure that small business subbies are paid on time. It’s really important.

Numerous attempts by governments to find regulatory fixes for late payments in the construction sector have a poor record. The ABCC’s model, on the other hand, has worked.

  • When payments are within agreed/required terms, better cash flow management operates throughout the sector.
  • Better financial discipline operates through the sector when builders do not/can not exploit subcontractors as forced financiers of their businesses.
  • When payment times are tight and major builders go broke, the loss exposure of subcontractors should be/is limited to the agreed/required terms of trade. That is, loss exposure should be limited to (say) 30 days of trading instead of (say) 90–120 days of trading.

Our interest is of course the construction subbies—that is, the self-employed people who actually work on the tools, physically doing the building—and the myriad of self-employed specialist construction consultants as well. But frankly, proper payment times are good for everyone.

Filed Under: Independent contracting, News Updates, Pay on time, Self-Employed Australia, Self-employment

Great news! Albanese ‘beefing up’ unfair contract laws

August 4, 2022 by Self-Employed Australia

albanese-unfair-contractGet ready for a profound disruption to some core big business operations in Australia. And this is great for small business people, consumers and (believe it or not) big business as well.

The Albanese government has committed to introducing new unfair contract legislation in the current parliamentary sitting period. Labor promised this in 2019—a pledge we totally endorsed. We again strongly endorse this move by Labor.

We campaigned for seven years for the unfair contract laws for small business and achieved these in 2016. But the laws have proven to be too weak.

Australia’s unfair contract laws are arguably the world’s first (and in global terms possibly the only) laws that have addressed the issue of bad standard form contracts in a holistic way. The laws were introduced for consumers in 2010 and extended to small businesses in 2016. Insurance products were included in 2021.

Why the laws

Some lawyers say unfair contract laws are wrong because they override the principle that a contract once entered into is set in concrete, even if it disadvantages one party. This is a perverted view of contract. The Australian unfair contract laws effectively codify in statute the elements under common law that make a commercial contract a proper contract.

As examples, unfair contract laws hold that if a standard form contract enables one party but not the other to unilaterally change the price of a contract, or cancel a contract or change its terms, then the contract is ‘unfair’.

Why the need to ‘beef up’

The Australian Consumer and Competition Commission has been responsible for enforcing the unfair contract laws. Since 2016, the ACCC, with then chair Rod Sims at the helm, has consistently expressed frustration at big business ignoring the laws.

Until now, unfair contract terms could only be ‘voided’. There were no penalties for their use. Unfair contracts could only be sanctioned after they had done harm. This enabled ‘let’s screw people over’ big businesses to laugh off the laws.

To his credit, Rod Sims led the charge for a ‘beefing up’ of the laws. A ‘beefed up’ Bill was presented to Parliament earlier this year. It is this Bill that the Albanese government has as a template for making unfair contracts ‘illegal’.

If Albanese implements the template Bill, unfair contracts will be illegal with civil penalties of up to $100,000 for individuals and $10 million for corporations. A court will be able to make an order if it thinks there might be a loss. In other words, harm can be prevented before it occurs. Other provisions give real bite to enforcement.

Further, the current $300,000 threshold for the size of a contract subject to the laws is being removed. The size of a small business is being lifted from 20 to 100 employees.

On any assessment this is a major economic reform. It will protect consumers. But just as importantly, small businesses will discover a new level of equality of power with big businesses as both buyers and sellers of goods and services. Australia’s 1.3 million self-employed sole traders will have protections from bullying clients that they have never had before.

It’s a huge step forward.

 

Filed Under: Independent contracting, News Updates, Rule of law, Self-Employed Australia, Self-employment, Unfair Contracts

The truth needs to be told about the ATO.  Drop the charges against Richard Boyle

July 29, 2022 by Self-Employed Australia

richard-boyle-protestEarly this week the trial for ATO whistleblower Richard Boyle was to start in the Adelaide District Court. However, Richard and his entire legal team came down with Covid and the trial could not proceed.

But the trial cancellation didn’t stop us joining a rally of citizens calling for Richard’s case to be dropped. In the photo are SEA members Annette and Tina making our views known. The Australian Financial Review gave Richard’s case good exposure on Monday.

Background

On 9 April 2018 an ABC Four Corners exposé was aired that exposed malpractice and small business abuse by the Australian Taxation Office. Ex-ATO debt collection officer Richard Boyle featured in the program, detailing malpractice in the ATO’s debt collection division. Essentially the ATO was raiding people’s bank accounts in defiance of its required rules.

Richard had lodged an internal report to the ATO detailing the malpractice which was ignored. Richard then followed lawful whistleblower procedures in going public. However, the ATO still went after him, initially with charges that would put Richard in jail for 161 years.

Richard’s report on ATO malpractice was subsequently proven to be accurate by both the Inspector-General of Taxation and the Small Business Ombudsman. A Senate Committee criticised the ATO.

Why the charges should be dropped

We have detailed why the charges against Richard should be dropped. See our full reasons here.

In summary, our reasons include:

  • Richard’s whistleblowing was the moral thing to do. This impacts upon the appropriateness of the prosecution.
  • The charges against Richard are the product of a witch-hunt.
  • The length and expense of a trial is a waste of public resources.
  • There is a need to maintain public confidence in the administration of justice.

In undertaking Richard’s prosecution, the Commonwealth risks creating the impression of conducting a cover-up of evidence of maladministration by the ATO. If not a cover-up, then at least a diversion from the truth. This seriously diminishes the confidence of the public in the tax administration system. Further, it seriously diminishes trust in the justice system itself, by delivering the potential impression that the justice system is likewise involved in covering up maladministration by the ATO.

Filed Under: News Updates, Richard Boyle, Rule of law, Self-Employed Australia, Tax Reform

‘They’ plan to screw over 2.1 million Australians

July 22, 2022 by Self-Employed Australia

dark-menaceLet’s be clear. There’s a cabal of unions, labour academics and self-interested businesses that are gunning to destroy the right of Australians to be self-employed.

Their strategy is brilliant in its simplicity. They plan to push through new Federal legislation that will throw into chaos the law that defines who is self-employed and who is an employee. This will directly harm the capacity of Australia’s 2.1 million people who are self-employed—people who, by definition, are their own boss.

That’s right. The Australian Bureau of Statistics identifies 2.1 million of us comprising:

  • 1,391,900 self-employed (own boss) who don’t have employees and
  • 805,800 self-employed (own boss) who have employees.

The ‘cabal’ is mostly targeting the 1,391,900 self-employed who don’t have employees. Think hairdressers, owner-drivers, care workers, gardeners, personal trainers, and the massive numbers of IT, accounting (and more) consultants to identify just some. What the ‘cabal’ is calling for is legislation that will strip away your right to be your own boss. They want forced employment.  Such law will also have an impact on the other 805,800 self-employed.

The cabal wants legislation that invents ‘employee-like’ arrangements.

Understand what this would do. It would destroy the integrity of the commercial contract. It would give smart-arse lawyers the ability to carve out and deconstruct the very legal basis of commercial activity upon which our society is based and which defines who is self-employed. It’s a sneak guerrilla attack. But once in place it will have devastating effects.

Legislating to invent employee-like arrangements is to take social or psychological concepts and to fashion law on those concepts. It’s incredibly dangerous for our society. It’s something the High Court seemingly commented against in a ground-breaking judgment in February this year.

The High Court said (See par 44):

The employment relationship with which the common law is concerned must be a legal relationship. It is not a social or psychological concept like friendship.

That is, the employment contract, and its opposite, the self-employed contract are legal concepts. This comment by the High Court was within the context of the most important judgement on the definition of self-employment in 50+ years.

After more than 50 years of legal confusion the High Court said (See par 58):

It is the task of the courts to promote certainty with respect to a relationship [employee/self-employed] of such fundamental importance.…

and

The parties’ legitimate freedom to agree upon the rights and duties which constitute their relationship should not be misunderstood.

The fact is that people have a right to determine their contractual (self-employment) relationship themselves. Employee-like legislation would strip away that right. It would create massive uncertainty in defiance of the certainty the High Court says should exist.

Unfortunately, Labor’s federal ‘Secure Jobs Plan is to create ‘employee-like forms of work’ legislation.

Filed Under: 'Insecure Work', Independent contracting, News Updates, Rule of law, Self-Employed Australia, Self-employment, The Gig Economy, The nature of work, Uber

Stop prosecution/ persecution of ATO whistle-blower Richard Boyle

July 15, 2022 by Self-Employed Australia

richard-boyleIn a truly important development, Labor’s new Attorney-General, Mark Dreyfus MP, has ordered the dropping of charges against whistle-blower lawyer Bernard Collaery. Collaery had supported an ex-spy who exposed a 2004 Australian spying operation in East Timor.

We ask Mr Dreyfus to now seriously consider the dropping of charges against ATO whistle-blower Richard Boyle.

Richard was charged in 2019 with offences that would have put him in jail for 161 years. This occurred after Richard exposed serious misbehaviour inside the ATO in their debt actions against small business people. Richard went public with this in 2018 on the Four Corners exposé of the ATO’s bad behaviour.

Richard’s reporting of ATO misbehaviour has proven accurate in the following years. Further, a Senate inquiry heard that because the ATO ignored Richard’s internal reporting, this led to investigations from the Inspector-General of Taxation, the media and so on.  Even an ATO-funded survey found that the ATO acted unfairly.

Australian whistle-blower laws are supposed to protect public servants who follow set procedures, principally issuing public interest disclosure documents. The legislation on this supposedly facilitates “… disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector…” What a joke this law is.

Richard followed public interest disclosure processes but that didn’t give him any protection. The ATO went after Richard anyway.

In our view Richard Boyle is an Australian hero. He exposed the truth about  the bad behaviour of the ATO.  In our view, the ATO is not just in the business of prosecuting Richard but rather of persecuting him. Why? In our view it’s because Richard is being used as an example to all other ATO officers. The message is clear. Don’t tell the truth. Don’t expose when the ATO does the wrong thing.

In the United States, whistle-blower protection laws are robust and have a long history dating back to the Civil War. The US recognizes that government must be transparent and accountable if government is to serve the people properly. Protecting people who declare the truth is an essential part of open, transparent and good government.

We congratulate the new Albanese government and AG Mark Dreyfus for dropping the charges against Bernard Collaery. Previous Coalition governments have shown no interest in protecting whistle-blowers but have been active in their persecution. The Albanese government seems to be using a firm broom to sweep up a major mess on this one.

Mark Dreyfus has let it be known that he is reviewing other whistle-blower cases, but has not confirmed if Richard Boyle is one of them. We ask that Dreyfus do for Ricard Boyle what he has done for Bernard Collaery and drop the charges.

We consider this an important step toward better government and a better ATO.

Filed Under: News Updates, Richard Boyle, Rule of law, Tax Reform

Campaign to defend self-employed people: It’s going to be a battle

July 7, 2022 by Self-Employed Australia

self-employed-battleWith the election of the Albanese government, there’s been a frenzy of academic, union and Labor government commentary about how big changes are coming for self-employed people. There’s the:

  • Demonisation of the ‘gig’ economy, as if every gig worker works in some sort of oppressive Dickensian environment.
  • Pushing of ‘employee-like’ independent contractor concepts and of bringing such people into employment regulation.
  • Calls to change the definition of self-employment/independent contracting.
  • Renewed attack against owner-drivers.

Let’s be clear. The Albanese government has stated its intent to implement new, aggressive policies around each of these issues. Workplace Relations Minister Tony Bourke explained on ABC Radio the ‘big shift’ that’s to happen.

Frankly, we (SEA) have been around too long (since 2000) and we are too experienced to fall for the spin that this is to ‘protect’ self-employed workers. These types of agendas have been promoted by the broad Labor movement (unions, ALP, Labor academics) since the 1990s. The agenda is to squeeze the life blood out of people who are, and want to be, their own boss. We know the game.

But this time is different from the last three decades-or-so. With The Greens and at least one independent Senator, Labor has the numbers to push its agenda through parliament.

Their agenda is, of course, damn nonsense and will be cancerous to the livelihoods of Australia’s 2.1 million self-employed people. You won’t know the cancer is there until you start feeling the pain.

However, don’t expect something different from the Dutton opposition. After the Morrison government’s 2019 win, the Coalition demonstrated a brain deadness on small business issues.

  • Yes, it introduced some good ‘pay small business on time’ requirements but didn’t go far enough.

But,

  • It continued to allow the ATO to bully, harass and oppress small business people without any checks and balances.
  • It failed to implement the beefing up of unfair contract laws that were ‘ready to go’. Did it do a deal with the big end of town to put this off?

Now for some balance. While we’re warning about, and will campaign against, Labor’s destructive agenda for the self-employed, there’s some good news.

  • The Albanese government has just announced the requirement that 20 per cent of government procurement must go to small and medium businesses.
  • Labor has in the past been a strong supporter of beefed-up unfair contract laws. We ask the government to bring this legislation back into parliament and pass it quickly.
  • Labor supports stronger ‘pay on time’ laws. This should be a priority.

The upshot is that we have a battle on our hands. The are some positives in the Albanese government’s small business agenda, but also some shockers. We’ll be producing considerable commentary and analysis to explain the good and the bad over the coming months.

Filed Under: 'Insecure Work', Collective Bargaining, Independent contracting, News Updates, Owner-Drivers, Pay on time, Self-employment, The Gig Economy, The nature of work, Unfair Contracts

2021: A Victorian Health Department Space Odyssey – Where is Hal?

June 15, 2022 by Self-Employed Australia

space-odysseyTry this piece of strangeness. We now have ‘proof’ that the Victorian Department of Health makes decisions and does things without any apparent human involvement.

The Department, we assume, must operate like Hal in the great, classic sci-fi movie 2001: A Space Odyssey. Hal was the super computer that ran the spaceship without human involvement. Somewhere in the Health Department ‘Hal’ must exist.

The ‘proof’ of Hal is contained in a 4 October 2021 memo to executives in the Health Department. On 29 September 2021 the Victorian WorkSafe Authority announced it was prosecuting the Department of Health over the 2020 Hotel quarantine disaster which resulted in over 800 deaths. The 4 October memo states:

“WorkSafe have advised that no individuals from the department are, or will be, charged.”

Here’s what this means. WorkSafe has found sufficient evidence of breaches of work safety laws to start a criminal prosecution of Health. We updated you on this last week. In other words, the Department did or failed to do things that has resulted in criminal charges being laid. BUT. According to WorkSafe’s advice to Health, no humans committed any of the criminal things. The Department acted criminally but no human acted criminally. Go figure!

But see. We told you so. It’s Hal! And now like the children’s book ‘Where’s Wally?” we have to ask ‘Where’s Hal?’

Here are just some of the questions that must be asked:

  • How did WorkSafe conduct a criminal investigation without interviewing any humans?
  • Or did WorkSafe interview and question humans?
  • If WorkSafe did interview humans, did any of those humans explain how the Department does things without humans making decisions or doing those things?
  • Can humans in the Health Department explain how the Department operates without humans making decisions or doing things?
  • Did WorkSafe meet or see Hal?

Of course, these questions are all nonsense and just as nonsensical as WorkSafe only prosecuting Health but not individuals.

In truth a government department is just a bunch of humans making decisions and doing things. A ‘department’ does not and cannot act criminally. Only humans act criminally. There is no Hal in the Health Department. Only humans.

But WorkSafe is acting on a fantasy, a Space Odyssey.

This is not just an isolated Victorian issue. It cuts to the heart of whether government in Australia operates impartially so that no-one is above the law, including government itself. It’s no joke. It’s serious!

Here’s the Health memo obtained through FOI.

Note the 104-page Charge Sheet but with all important information blanked out!

Filed Under: Campaigns, Covid-19, NotAboveTheLaw, Quarantine, Rule of law, Self-Employed Australia, Self-employment, Work Safety

Prosecution of Victorian Health over 2020 Hotel Quarantine Disaster—Update

June 10, 2022 by Self-Employed Australia

It’s been a little while since we updated you on the legal process of prosecuting the Victorian government over the 2020 Victorian Hotel Quarantine disaster that resulted in over 800 deaths. What’s at stake is whether governments hold themselves accountable to the same standards to which they hold the rest of us.

It’s quite clear that our Not Above the Law Campaign forced Victorian WorkSafe to prosecute the Department of Health. We have to ask the question: how genuine is that prosecution? We’re chasing this and here’s an update:

  • The prosecution of Health was announced on 29 September 2021 and involved the laying of 58 charges. Since then there has been NO, that’s ZERO, further information.
  • We decided to check things out. We went to the Melbourne Magistrates’ Court and were told that there was an online directions hearing on 26 May.  Members of the public could attend and we were told we’d receive an email link. The link arrived. We dutifully attended only to discover that we’d been sent the wrong link. Goodness—what an unfortunate mistake by someone!!!

SO

  • We tried to hunt down the case number. What an effort that was, given that the case name has not been made public from what we could discover. Victory! We discovered the name. It’s Victorian WorkSafe Authority v The Crown in the Right of the State of Victoria (Department of Health). Case number M12097325. If you want to follow the case, check the Magistrates’ Court website, choose the “Criminal List” button in the top left corner and put the case number in the appropriate box. Members of the public have a right to attend, but it seems you’ll need to ring the Magistrates Court to receive a link (assuming you’re sent the correct link) or else attend the hearing in person.
  • Next step is that we’ve applied to the Court for the release of all court documents. We’re after the charge sheet, summons, prosecution summary and so on. Lawyers tell us that in criminal cases (OHS charges are criminal) such documents are ordinarily public documents. But the release will be decided at the next hearing date, Friday 17 June at 10 am (a Committal Mention). It will be interesting to see if WorkSafe and Health both apply to keep the documents hidden from the public.

Justice is something that must be done and must be seen to be done! But, goodness, with the Health prosecution there seems to be a lot happening to keep it ‘unseen’. We’re chasing this up and will update you after the 17 June.

Filed Under: Campaigns, Covid-19, NotAboveTheLaw, Quarantine, Rule of law, Self-Employed Australia, Work Safety

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