something to contemplate when writing your counterclaim and response to any action initiated by the Police...
To fix the cops for the crimes they inflict on the public and others in
their workplace, a class action under the workers health and safety act
2011(-2012 Vic) would shake things up for them, they can not get out of
their duty of a safe working environment and their duty's to not harm
the community/public or others in their workplaces. NO one is free from liability in their workplace NO one...... not even the cops or the courts.....
the only one that is not applicable to the act is a minister........
the more i read it the more i like it.....
$3milion fine to the cop him/herself for reckless conduct in their workplace since they trade as a body corporate.....
and you can initiate a matter in the supreme court, the WH&S act is
a common law act of the commonwealth and all states and corporations
thereof and their employees are subject to it.....
actually we saw one of my judges in the county court shit her pants when i demanded to see the OH&S rep.....
because it was her work place and she is in control of the undertakings
of that work place and i was being bullied and harassed in the
courtroom by a G4S guard, we saw her jaw quiver and say she is down
stairs sir if you would like to see her on your way out.
you may get the cops or courts in Victoria say that, Oh the OH&S act of 2004 is only the only act applicable in Victoria.
but since the WHS act of 2012 is a commonwealth act, section 109 of the
constitution makes the WHS act of 2012 valid in Victoria and all other
Duty not to recklessly endanger people at workplaces.
section 32 OHS ACT 2004
Its is an offence, "WITHOUT LAWFUL EXCUSE", to recklessly engage in
conduct that exposes, or mayexpose, a person at a workplace to the risk
of serious injury.
Liability of officers of Bodies corporate section 144
An officer of a body corporate can be convicted of an offence,
regardless of whether the body corporate has been convicted or found
guilty of the offence.
workers health and safety act 2011
Occupational Health and safety act 2004
section 26 (1)
Person who manages or controls a workplace failing to ensure the work place is safe......
fine..... individual $188,658.00......... body corporate $943,290.00
Employee failing to take care of their own health and safety or that of
others affected by their work, or failing to cooperate with their
section 38(5) OH&S act 2004.
Employer/self employed person failing to notify the authority
immediately, and later in writing, of an incident that has occurred at a
work place, or failing to keep an accessible record of the
fine.......... individual...... $6,289.00..... body corporate $31,443.00
Work Health and Safety Act 2011
Division 4—Application of Act
10 Act binds the Commonwealth
(1) This Act binds the Commonwealth.
(2) The Commonwealth is liable for an offence against this Act.
(3) Without limiting subsection (1), the Commonwealth is liable for a contravention of a WHS civil penalty provision.
60. A corporation shall not cause or permit a servant or
agent of the corporation to use, at a place of residence, physical force,
undue harassment or coercion in connexion with the supply or possible
supply of goods or services to a consumer or the payment for goods or
services by a consumer.
Competition and Consumer Act 2010
In relation to a State or a Territory (including an external Territory), means:
(a) a body corporate established for a purpose of the State or the Territory by or under a law of the State or Territory; or
(b) an incorporated company in which the State or the Territory, or a
body corporate referred to in paragraph (a), has a controlling interest.
"authority of the Commonwealth" means:
(a) a body corporate established for a purpose of the Commonwealth by
or under a law of the Commonwealth or a law of a Territory; or
(b) an incorporated company in which the Commonwealth, or a body
corporate referred to in paragraph (a), has a controlling interest.