Friday 22 October 2010

COMMON LAW DAMAGES – It’s your Right.

All Australians have the Right to go to Court and have a Jury administer
Justice. No Parliament has the power to take away the Rights of the
People – especially, the Right of access to their own Law, ie: Common
Law, and to the source of that Law, ie: Juries. Legislation passed by the
NSW Parliament in 2001, to remove the Right to Trial by Jury in the
District and Supreme Courts, is not only invalid because it is beyond the
Parliament’s power, ie: ultra vires, it is Treachery of the highest order.
 
The Right to Trial by Jury was guaranteed by the Charters of Liberty,
such as Magna Carta in 1215, Petition of Right 1627, Habeas Corpus
1641 and Bill of Rights 1688, which were entrenched as Constitutional
Law into Australia in 1828.
 
Schemes such as WorkCover administered by Statutory Bodies cannot
deny anyone access to Trial by Jury. The Right to Trial by Jury is
INALIENABLE, ie: it cannot be taken away and it cannot be given away.
Author: John Wilson.

WCV's: "Schemes such as WorkCover administered by Statutory Bodies
cannot deny anyone access to Trial by Jury. The Right to Trial by Jury is
INALIENABLE, ie: it cannot be taken away and it cannot be given away."
No Parliament has the power to take away the Rights of the People –
especially, the Right of access to their own Law, ie: Common Law, and to
the source of that Law, ie: Juries

So why are Injured workers are being forced into the medical panel with no
other options offered ? 

In most of the cases we hear about the Injured workers are not offered the
option to go to court so why hasnt this been tried in court?

If this right cannot be taken away, why is it that worksafe victoria are
doing just that and no-one has tried to stop it?

We are not hearing from law firms who are willing to set some form of
precedence against worksafe and the vic government and we do know why,
but you'd think that one firm would have the guts to try this as there is over
5000 injured workers who had their rights removed by Kennett and then
when brack's reinstalled them they convienenty left out 5000 of us so some
got and some didn't and isn't this a form of discrimination? We think so,
but alas no legal firm has offered to give it a go...:(

What is important here is the soul fact that our rights to compensation were
stolen from us by Kennett and we (the 5000 who missed out) are just as entitled
to compensation as those lucky enough to have fallen into the right Bracks dates,
so why isnt holding listening to us and why is brumby ignoring us?

Let me know your thoughts???????

1 comment:

Anonymous said...

As an ALP member and victim of the parties Worksafe LEGISLATION, I have found many flaws and seen it is a system to protect private insurers, employers and the state Govt and not to protect workers or injured workers. Firstly, IN WRITTEN REQUEST to minister TIM HOLDING, he constantly evaded answering relevent questions on the many wrongful worksafe claim refusals caused by insurers acting improperly and faling to competently investigate. Worksafe in writting told me insurers never do no wrong, so perfect that they wont investigate them even though the Act has provision covering insurer misconduct, likewise the MINISTER failed to supply incentives given to insurers for claim refusal percentages in any mannerism. The minister has blankly refused to tell me the avenue of policing the Act PER INSURER MISCONDUCT AND REFUSED TO SUPPLY THAT AVENUE UPON REQUEST. I have seen that insurers can lie to worksafe and produce information not investigated, and reject claims without factual or qualified reasons, in fact in contrary to factual evidences supplied by medico areas. I also saw worksafe use refusals to deliberately delay claims for up to 3 years hoping victim will be forced to return to work injured so as they can use that desperation to say they are fit for work. I have seen worksafe non medical qualified staff can refuse claims validated by the more experienced qualified doctors inclusive of insurers own doctors validating claims. If a victim has a family and home loan, this scam will cause them to lose it all almost within months. All insurances have obligation to insure, not to stall off that remuneration so long that its not really insurance but an overdue payout when too late. Victims must get assured claim acceptance based on two verifying doctors opinions and force the onus onto insurers to act faster via this forced acceptance with all powers it wishes to prove contrary or to get persons back to work, but govt wont do this because it is not interested in victims and only there to protect businesses and insurers, NON VOTING ENTITIES. I am about to start my fight with the Victorian govt as most my evidences are completed. I urge anyone with corrupt cases to contact me with an outline at management@virginbroadband.com.au