WA Industries United

This is my response to an opinion article by Laura Newell, published by The West Australian newspaper on 6th June 2024. The views shared below are my own and are not to be taken as the position held by my employer.

Why Did I Litigate Instead of Vaccinate?

My journey began when covid first appeared and I began to observe the intentional and prolonged provoking of the human fear response by government and corporate media. This eventually led to my being a plaintiff in legal challenges against the mandates and employee directions to get the jab.

In early 2020, like many of us, I was concerned about the unknown risks of covid but was also unimpressed with the media coverage so began following both Australian and foreign public health data about the virus’s lethality. By late May 2020 the data revealed covid had a similar risk profile to the common cold (influenza). I initially thought the political hype and media hysteria would settle down, instead the government and corporate media narrative shifted away from counting the unremarkable ‘covid caused deaths’ and instead focused on the more stimulating ‘covid cases’ which was nudged along by mass public testing. So began the government campaign to willfully deceive the people, the repetitive media messaging triggering a human fear response to covid and causing many people to unconsciously become more receptive to every ridiculous idea the government had to keep us safe.

Most people are either unaware or forget that during August and September 2017 Australia had a massive increase in influenza caused deaths where in just two months 904 people died from the flu, that’s 14 deaths a day and was 2.7 times higher than the previous year. But without a government invoked fear campaign including public masking, travel limits or stupid phone apps to get into pubs Australia sailed through that season with our minds and liberties intact and the influenza numbers dropped back to normal levels soon afterwards. Compare that to Premier Mark McGowan keeping the state in solitary confinement for 697 days or locking us down due to a single covid case at his miserable quarantine hotel.

Then came the “vaccines” followed by more government decrees and employee directions to get the jabs in order to work, this period was intensely stressful for me and my usual adherence to policy and respect for my employer’s hierarchy and sensible fear of repercussions for stepping out of line was now competing with a greater fear. Namely, the fear of our increasingly authoritarian government and what would happen if I didn’t engage and fight while I still could. The moment I chose to litigate instead of “vaccinate” was memorable, immediately all anxiety left me, and I rallied with my police colleagues and legal team digging in for battle which drew incredible and unprecedented public support.

The decision to oppose the mandates was aligned with the oath taken by police when they join, namely to see and cause Her Majesty’s peace to be kept and preserved. It absolutely was my civic duty to go into harm’s way and with the best of my ability protect people, in this instance from overly compassionate government and unjust laws as opposed to the normal duties of attending calls for police assistance.

Why Do Police Get Paid, Even If Someone Thinks They’re Naughty?

The WA Police Force, unlike many other industries has legislation directing how it is structured and managed. Section 11 of the Police Act 1892 (WA) requires that all police officers shall be paid until legally discharged by resignation or dismissal. Sadly, thousands of nurses, teachers and other professions simply do not have this type of legislation to fall back. This led to thousands of good people being sacked or resigning in disgust at their employers who were compelled by bad laws to snoop into their employees’ private medical choices.

In January 2022, shortly after the Supreme Court agreed to hear my judicial review and further ordered that my employer be restrained from dismissing me until the outcome of the case was decided. I speculate that Commissioner Dawson may have spat the dummy as he sent all unjabbed stood down cops letters stating our pay would stop. My lawyers respectfully invited the Commissioner to reconsider his decision and reminded him that he had no legislative authority to not pay us in our circumstances and that failure to do so would result in civil litigation, perhaps commencing each pay cycle until pay was reestablished. The Commissioner accepted our lawyer’s perspective and didn’t threaten our pay again.

I agree that it was a fiscally irresponsible idea to have a bunch of cops and police staff paid to sit at home for two and a half years. The South Australian Police Force had a very different response to the 160 officers who refused their mandated jabs. Those officers were allowed to burn accrued leave and when the mandates fell away, every officer was allowed back to work without ever being stood down and no disciplinary action taken whatsoever. I could have been back at work from June 2022 and there were plenty of administrative tasks that could have been done with remote access to police systems if allowed to work from home.

My Position on Vaccines

I am not bothered when labeled as an “anti-vaxer” by a journalist, this merely reveals the political preferences of the author and corporate media outlet behind them. What they ignore is prior to covid I had all adult and childhood vaccinations and didn’t hold strong views on the topic. However, recent events have aroused my concerns regarding the ‘safety and effectiveness’ of the unholy alliance between pharmaceutical companies and governments that protect them while compelling the peasantry to inject their products.

The Danger of Concentration of Power and The Role of Government

The government response to covid as well as the courts handling of my judicial review and appeal reveals the precarious position the average citizen finds themselves in today. For decades we have allowed successive governments to pass all kinds of well intended but potentially dangerous laws where each one takes a slice of our liberty away and hands the responsibility to make our own decisions to someone else. The WA Public Health Act, Emergency Management Act among others are full of such foolish laws. They patiently wait for the right public health emergency and compassionate government or agency to come to the rescue and enforce them, for your safety of course.

As Friedrich Hayek stated so well “Emergencies have always been the pretext on which the safeguards of individual liberty have been eroded – and once they are suspended it is not difficult for anyone who has assumed emergency powers to see to it that the emergency will persist.”

Conclusion

Although the judicial review and appeal decision didn’t go my way, the overall mission was to discover if WA employees had any rights over their own bodies during declared emergencies. The judiciary has handed down its answer, and this should concern all West Australians. Oddly within the appeal decision it was found that “The Employer Direction operates in effect by way of compulsion in a manner that is incompatible with the right to bodily integrity. In its application to Mr Falconer the Employer Direction infringed the right to bodily integrity” but then the decision goes on to explain how this if fine and somehow this isn’t true for other public servants as they had a choice to resign.

I encourage everyone to carefully consider who they’ll vote for in the next state and federal elections and ensure that whoever they choose will protect our fundamental human rights. Although I haven’t decided my next move yet, I am considering nominating for a state seat in the next election, and if successful I would seek to constrain government and repeal bad laws as opposed to writing new ones. I agree with the renowned economist Milton Friedman when he said “Government has three primary functions. It should provide for military defense of the nation. It should enforce contracts between individuals. It should protect citizens from crimes against themselves or their property. When government-- in pursuit of good intentions tries to rearrange the economy, legislate morality, or help special interests, the cost come in inefficiency, lack of motivation, and loss of freedom. Government should be a referee, not an active player.”

https://l.facebook.com/l.php?u=https%3A%2F%2Fbuff.ly%2F45jjGW0&h=AT3kjunty3lJeGoDTBTSo1VHFkaYILRpGv9S7jLDk-QG-D2NsWOu0VIxbnGgYwgdXRjYbpxE4XscTqzzS3U3duCN1chv2LgBte7g5vF_Ac9YZ7iuK9-UhkLbGSxcfAOVU06e&s=1

Anti-vax WA cop may have just taken us to the cleaners When did you last roll up your sleeve for a COVID or flu vaccine? Yeah, I thought so. Off you go, make that appointment now.

It took the Western Australia Police Force 388 pages to explain that I didn't get the jab in Dec 2021. I'm sure my upcoming disciplinary hearing/examination will be impartial and fair, and if they decide I’m a naughty Senior Constable, the penalty will be proportionate, unlike my colleagues who are still being dismissed for the same thing.

Once it is done, the total number of police and staff dismissed will be about 36 or more since the mandates began in Dec 2021, enough to fill a suburban police station, with many more resigning before or during the process. The mandates for police ended in June 2022.

About 6 police officers and 4 police staff have been dismissed since my appeal decision was handed down by the WA Court of Appeal on 30/04/24. Myself and another 5 or so are waiting another couple of weeks for our ‘fair and impartial’ disciplinary process and treatment.

I believe it is important for WA to witness what is occurring to the handful of us that voluntarily remained to be subjected to this end. We would have preferred a different court outcome, but this end has immense purpose as well. It is necessary to allow the Western Australia Police Force Commissioner and his executive to properly document themselves.

Consider for a moment that dozens, perhaps hundreds of other officers have collected all manner of criminal or traffic convictions over their careers without dismissal occurring. Some have been remanded in custody or served sentences and returned to work.

What was it about covid that came over our nation’s leaders, and who amongst the citizenry ever asked them to behave in the manner they did?

Unfortunately both appeals were dismissed.

“The purpose of this litigation was to discover the rights WA employees have over their own bodies in the workplace.

The government and judiciary have formed a perspective on that, and we the people need to reflect on where that leaves us.”

Thanks to Max Freedom for the video.

THE WA Court of Appeal has dismissed both the FALCONER & FINLAY appeal THE WA Court of Appeal has dismissed both the FALCONER & FINLAY appeal.Meaning the previous judgement made by Justice Allanson of the WA Supreme Court on 22 ...

⚖️ JUDGEMENT ⚖️

It is with disappointment that we advise that today, the WA Court of Appeal has dismissed both the FALCONER & FINLAY appeal. Meaning the previous judgement made by Justice Allanson of the WA Supreme Court on 22 August 2022 remains in effect.

We stand by Plaintiffs Ben Falconer and Les Finlay and all others either directly involved or indirectly as a result of those disgraceful mandates.

We will now consider our options and determine the best way to move forward from here.

We will post the link to the full judgement once it becomes available and thank you all for your continued moral and financial support.

In closing, please see below comments from Plaintiff Ben Falconer that sums up this litigation.

“The purpose of this litigation was to discover the rights that WA employees have over their own bodies in the workplace.

The government and judiciary have formed a perspective on that, and we the people need to reflect on where that leaves us.”

The Decision Is Made!

The judicial review appeal decisions have been reached by the Western Australian Court of Appeal for the FALCONER & FINLAY -v- COMMISSIONER OF POLICE matters. The judgement will be handed down during a public hearing tomorrow, Tuesday 30th April 2024 at 2.15PM.

The courtroom allocated for the judgement hearing will be listed on the WA Supreme Court website this evening and promptly shared by us once known.

We understand this is very short notice and it has certainly taken us by surprise but if possible, we hope you can join us for the judgement to show your support.

We are still patiently waiting for the WA Court of Appeal to consider the FALCONER & FINLAY -v- Commissioner of Police (COP) matters regarding the direction for police employees to get “vaccinated”.

The appeal hearing occurred on 06/SEP/23 before Court of Appeal President Buss, Justice Vaughan and Justice Hall. The Court reserved its decision meaning the matter will be considered and judgement handed down later, this usually occurs within 6 months. We’ll promptly broadcast the decision date once known as it will be open to the public.

Today is my 2 year anniversary of being stood down for not getting jabbed 💉

A few of us remain on the payroll yet are not back at work despite the mandates being dropped in June 2022.

We patiently wait for the WA Court of Appeal to consider its decision about the jab mandates.

Hello all,

United Services WA were recently contacted by the office of the Hon Ben Dawkins MLC (Independent member of the WA Legislative Council) seeking verifiable statistics on the job losses and other adverse affects stemming from the WA Government's Covid-19 Vaccine Mandates.

Hon Ben Dawkins MLC is this week moving a motion in the WA Legislative Council to recognise that some West Australians have been adversely affected by the WA Govt. Covid response and to call for an independent inquiry covering these impacts.

As a group that was founded on the objection to the WA Government's vaccine mandates, we at United Services WA support the motion by Hon Ben Dawkins MLC and thus have agreed to assist in the collection and collation of statistics.

We have created a small survey that should only take a few minutes to complete.

To complete the survey please follow the link below.
(Note: Survey closes midnight Tuesday 14/11)

https://forms.office.com/r/Aixb596m8a

Please also share this post / the survey on your own platforms and channels. The bigger the response the better.

United Services WA

Please fill out this form

*** Judicial Review Appeal Hearing Announcement ***

The appeal hearing is tomorrow morning at 10.30am in Court 1 at the Supreme Court of WA, Stirling Gardens, corner of St Georges Tce & Barrack St, Perth.

Judicial Review Appeal – Decision To Withdraw FALCONER -v- CHO Case

A very difficult last minute decision has been made to withdraw the FALCONER -v- CHIEF HEALTH OFFICER [CACV 84 of 2022] appeal case prior to the hearing on 06/SEP/2023. Our legal team recently reviewed the finalised submitted cases including recent defences indicated by the respondent in the lead up to the hearing date. Our legal team consequently advised the CHO matter held low prospects of success mainly because the CHO workplace direction has been obsolete since June 2022 and overturning it could be considered superfluous. Therefore, our time in court would be better utilised emphasizing stronger appeal points in the 2 remaining Commissioner of Police (COP) matters.

The CHO case challenged the mandate restricting unvaccinated employees from entering their work locations, whereas the 2 COP matters challenge the subsequent employer directions to comply with the mandate. If the COP matters were successful, particularly in FINLAY -v- COP [CACV 87 OF 2022] this could send shockwaves across the state and nation by bringing into question thousands of public sector employee dismissals previously thought to be lawful with possible overflow into private sector cases.

We understand that this is a disappointing update. Our legal team holds cautious optimism for the two remaining cases which are scheduled for a public hearing at 10.30AM on Wednesday 6th September 2023 at the Supreme Court (Stirling Gardens) on corner Barrack Street and St Georges Terrace, Perth. We hope to see you there!

“The Labor government has a taste for the powers granted during states of emergency, they will find reasons to declare another one, they will help you forget that you can make decisions for yourselves.”

Date set for Falconer appeal on mandatory vaccination orders | The Spectator Australia Spectator Australia readers will recall Senior Constable Ben Falconer lost his challenge to the mandatory vaccination orders of the Chief Health Officer for Western Australia, and the WA Police…

14 Days To Go!

Were WA workplace jab mandates safe and effective?

Should similar mandates be allowed in the future?

Consider attending the public Court of Appeal hearing on 6th September 2023 to hear the arguments yourself.

Thanks to Avi Yemini and Rebel News for the coverage 🔥

https://www.rebelnews.com/wa_cops_keep_up_the_fight_against_unjust_vaccine_mandates

*** HEARING DATE LISTED BY THE WA COURT OF APPEAL ***

Our three cases are now listed with the WA Court of Appeal to be heard on Wednesday 6th September 2023.

This will be open to the public and we look forward to seeing a full gallery of supporters curious to discover if the states judiciary believe mandating injections in order to attend work was a lawful, proportionate, and effective response to covid-19.

The presiding justices will review the previous decisions handed down in August 2022 including the associated evidence that led to it. The appeal hearing is an opportunity for both appellants and respondents’ legal teams to make verbal submissions arguing pertinent points to the court. The decision could be given on the day but is more likely to be handed down in the weeks following the hearing.

Our committed legal team wield compelling appeal cases and continue to work hard while running on mere fumes of the funding normally required for such significant work. We continue our endeavor to mop up existing invoices, cover anticipated fees and to meet real costs associated with the upcoming hearing (Barrister airfares, accommodation, court admin fees etc.).


Whether it be your first time or you have selflessly donated in the past, please consider contributing to this effort to see our fundamental human rights restored for every employee.


While a lot of the world/country/state has moved on from the horrors and atrocities of 2020-2022, we remain committed to seeing this fight through and holding those responsible to account.

______________________________

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*** Judicial Review Appeal | Update ***

A brief update for our patient supporters, in this instance no news is good news as aside from procedural matters and fine tuning of the appeal cases by our legal team the appeal itself is on track.

We have received an indication from the WA Court of Appeal that our cases might be listed around September – October 2023 and the hearing itself may only require one day in court for verbal submissions to be given. The appeal court justices presiding over the cases will have access to all the pertinent written submissions and transcripts from the initial judicial review to read while considering the appeal.

Once we know the exact date(s) of the hearing we will be sure to let you all know – so keep an eye out for that!

In the meantime, if you don’t hear from us, please know that we are still chugging along in the background. We remain 100% committed to fighting this fight and seeing it through to its fruition.

Our litigation is an entirely crowd funded effort intent on restoring liberty and fundamental human rights to every Western Australian employee. If able, please consider helping us pay the legal fees through the below fundraising channels.

DONATIONS

EFT Bank Transfer

Name: United Services WA

BSB 633 000

Acc 188 406 060

____

Crowdfunding

https://gofund.me/45a98229

https://givesendgo.com/injectionobjection

Click here to Give now to WA Injection Mandates Judicial Challenge by Adele French

THE SILENT TRUTH OF MENTAL HEALTH The Silent Truth of Mental Health. Psychotropic Medication: Panacea or Placebo? Does Diagnosis and Medication have a place in Mental Health?

*JANUARY 2023 UPDATE*

The pursuit for liberty and protection of an employee’s right to bodily autonomy marches on.

ALL THREE CASES LODGED WITH WA COURT OF APPEAL

We are pleased to announce the submission of the third and final
grounds of appeal for FALCONER -v- CHIEF HEALTH OFFICER (CACV84/2022) by our legal team to the Western Australian (WA) Court of Appeal. The specific points of contention are not able to be revealed here as these are before the court. However, the general aims remain unchanged; FALCONER -v- CHIEF HEALTH OFFICER (CHO) will challenge the rationality of mandating jabs in order to attend their workplaces while the two COMMISSIONER OF POLICE (COP) matters will challenge the lawfulness of the subsequent employee directions requiring WA Police Force officers (FALCONER -v- COP) and Police Force staff (FINLAY -v- COP) to be jabbed or suffer punitive action.

Although no hearing date has been scheduled, we speculate it may occur somewhere in mid 2023.

A win in the CHO case would surely result in the broadest relief for employees across all industries protecting their fundamental rights to earn a living at their workplace without needing to involve the state or their employer in their private medical decisions.
A win in the COP cases may also offer valuable and precise case law points for other industries to rely upon. Such a win would vindicate those police officers and staff who firmly said no and refused the unwanted advances and demands by their Commissioner who was intent on having a fluid inserted into them by decree.

The judicial review appeal remains an entirely crowd funded action. Our legal team have proven themselves committed, and are working hard for us despite ongoing fundraising challenges in meeting costs. The anticipated appeal hearing will have direct costs in preparation form, and attendance at court.

Please help us in meeting these expenses as well as clearing up other unsettled invoices. For those in a position to do so, please consider supporting this important judicial challenge via the below donation channels.

Thank you

United Services WA
Veritas, Justitia, et Libertas

DONATIONS

EFT Bank Transfer

Name: United Services WA

BSB 633 000

Acc 188 406 060

____

Crowdfunding

https://gofund.me/45a98229

https://givesendgo.com/injectionobjection

WA Injection Mandates - Judicial Challenge, organized by Adele French Donations made here will support legal efforts to overturn mandates in Wester… Adele French needs your support for WA Injection Mandates - Judicial Challenge

NEW LEGAL TEAM DELIVER AN INJUNCTION WIN!

Firstly, we want to thank you all for your patience and understanding over the past few months regarding the lack of updates. There has been a lot going on behind the scenes both from the legal challenge point of view as well as internally amongst all the separate industries (disciplinary hearings, dismissals, etc).

While updates may be slow and limited, this does not mean that work is not constantly being undertaken behind the scenes. This group remains absolutely committed in fighting our fight to the very end.

After the initial judicial review result handed down in August 2022 an opportunity presented for all legal team members to reassess their roles before progressing with appeals. Hotchkin Hanly Lawyers recommended the baton be passed to the firm Lawfield to continue the role of representing solicitors and take the judicial review towards the WA Court of Appeal. We are delighted Lawfield have retained Mr Shane Prince as senior council and Mr Benjamin Tomasi as junior council.

The change in legal representation took place due to financial constraints and we are immensely grateful for the good will of those representing us, as well as their patience and understanding with regards to funding.

Our new legal team have inferred a readiness to represent us all the way to the Australian High Court if relief is not found in a lower court. Further, they have already kicked goals by submitting grounds for appeal on both the Falconer & Finlay -v-Commissioner of Police (COP) matters with further grounds still being finalised for the Falconer -v- Chief Health Officer (CHO) matter.

Lawfield identified an opportunity and sought an interlocutory injunction to restrain the COP from taking further disciplinary action or dismissing Senior Constable Ben Falconer before the judicial review appeal outcome was known. The injunction grounds were confidently presented by Mr Tomasi before two Justices of the WA Court of Appeal on 28th November 2022 which resulted in an order being made to protect Senior Constable Ben Falconer’s employment until the appeal outcome, further that costs for seeking the injunction are to be met by the respondent (COP).

Justice J A MURPHY provided written reasons for the orders stating:

“We are satisfied that the appeal has reasonable prospects of succeeding in the relevant sense”

And when commenting on a particular ground of the appeal he stated:

“… it is arguable that the Police Act, and regulations made under that Act, do not authorise an order requiring a member of the Police Force to undertake a medical procedure to which that officer does not consent.”

The entire injunction decision for FALCONER -v- COMMISSIONER OF POLICE [2022] WASCA 157 can be found at the WA Supreme Court website:

https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?returnUrl=%2feCourtsPortal%2fDecisions%2fFilter%2fSC%2fRecentDecisions&id=a3965691-f0c2-45ec-a4ef-85ef4cbf9338


We understand that funds are tight, especially at this time of year and you have probably donated to our fight many times already. Having said that we ask that if you can, please join us with continued financial support to appeal the WA Supreme Court decision and see liberty and fundamental human rights returned to every employee.

NOTE: None of the funds raised go towards the State’s legal costs, the brave plaintiff(s) carry that burden alone. We have zero overhead costs, and all background organising is given by a loyal bunch of liberty loving volunteers.

We thank you all for your incredible support throughout 2022 and hope you continue to stand beside us as we forge on into 2023.

DONATIONS

EFT Bank Transfer

Name: United Services WA

BSB 633 000

Acc 188 406 060
____________

Crowdfunding

https://gofund.me/45a98229

https://givesendgo.com/injectionobjection

WA Injection Mandates - Judicial Challenge, organized by Adele French Donations made here will support legal efforts to overturn mandates in Wester… Adele French needs your support for WA Injection Mandates - Judicial Challenge

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*** Announcement | Supreme Court Decision Regarding Cost Orders ***

Many things have occurred behind the scenes during the last few weeks and further updates are being prepared following this one.

On the 5th October 2022 Justice J Allanson handed down his decision regarding cost orders for the preceding judicial review where all 3 matters against the Commissioner of Police and Chief Health Officer were dismissed.

Ben Falconer has been ordered to pay only a portion of potential costs anticipated and Les Finlay has no cost orders made against him. Both the brave plaintiffs were ready for a very different outcome to what was delivered.

In his decision, Justice Allanson made the following comments:

“The challenge to the Commissioner's direction raised an important question of wider significance than the discipline of the individual applicant. The issues determined were not confined to Mr Falconer.”

“I consider that there was a strong public interest in having those matters determined, and that the implications of the decision go far beyond the interests of Mr Falconer and the WA Police.”

To read the full decision please visit the WA Supreme Court website.

Please join us with continued financial support to appeal the WA Supreme Court decision and see liberty and fundamental human rights returned to every employee.

NOTE: None of the funds raised go towards the State’s legal costs, the brave plaintiff(s) carry that burden alone. We have zero overhead costs, and all background organising is given by a loyal bunch of liberty loving volunteers.

DONATIONS
____________

EFT Bank Transfer

Name: United Services WA

BSB 633 000

Acc 188 406 060

____________

Crowdfunding

https://gofund.me/45a98229

https://givesendgo.com/injectionobjection

Click here to Give now to WA Injection Mandates Judicial Challenge by Adele French