Health Services Union Debacle - a family affair?

It’s not hard to think of the Health Services Union debacle as a family affair. The problem is deciding if the family is the Union itself, the Labor Party or another ménage entirely .

Kathy Jackson National Secretary of the Health Services Union and ALP member

Fegan v Kathy Jackson 2 April 2009

Katherine Jackson & Ors v Karl Bitar & Ors 28 January 2011

Australian Labor Party – Pre-selection for by-election in State seat – Whether procedure in Victorian Branch rules is binding – Application of National rules – Justiciability

The Australian  2 February 2012

TWO senior Health Services Union officials have made formal complaints to Fair Work Australia president Geoffrey Giudice alleging FWA vice-president Michael Lawler, the partner of HSU national secretary Kathy Jackson, intervened in internal union politics.

The Australian  3 February 2012

FAIR Work Australia vice-president Michael Lawler has made sensational allegations to NSW police that two senior officials of the Health Services Union may have engaged in serious criminal activity.

The Age 4 February 2012

HEALTH Services Union whistleblower Kathy Jackson has been accused of destroying documents and laundering money through a colleague's bank account, according to a leaked email obtained by The Sydney Morning Herald.

Ms Jackson, the national secretary of the union, has described the allegations as ''entirely false''.

The Australian  18 February 2012

JACKSON was not well disposed towards Thomson when she succeeded him. She says the two had fallen out over his political ambition which she saw as overriding the interests of HSU members. "At the end of the day I just found Craig sly and smarmy," she says. "He had this selfish ambition."

The Australian 25 April 2012

A MEMBER of the Health Services Union has brought union charges against national secretary Kathy Jackson and her "sidekick" Marco Bolano, alleging gross misbehaviour and neglect of duty.

In a 49-page schedule of charges, detailing a long list of concerns that have been raised about Ms Jackson's role over many years, Daniel Govan alleges union elections were corrupted by spending without proper authority, that $58,000 was paid into an account in the name of Ms Jackson's former husband, an $84,000 luxury Volvo XC90 was bought with a $5000 unexplained invoice discrepancy, and payments were made to a childcare centre known to be used by Ms Jackson.

Jeff Jackson one-time Branch Secretary of Victoria No. 1 Branch Health Services Union and ex-husband of Katherine Jackson

The Australian 11 April 2009

The statement of a Bendigo Gold Visa card allegedly issued to Jackson shows expenditure on services that fall far outside his normal duties. It includes a string of prostitutes, designer clothes, dental work, gourmet food and drinks at a favourite Melbourne hotel. Jackson challenges the authenticity of this credit card account and dismisses allegations he has misused any funds as part of a "dirty tricks campaign" mounted by opponents withinhis union….

The allegations against Jackson, a senior figure in the ALP's Victorian Right faction, have only come to light because of leaks after a nasty power struggle within the HSU's No. 1 division.

No one emerges as a cleanskin in this battle: certainly not Jackson's main opponent, the HSU branch's president Pauline Fegan.

But the sloppy and sometimes sordid details of union spending at the HSU have emerged in the same week that one of its former officials, federal Labor MP Craig Thomson, has been forced to fend off allegations that he, too, used his union credit card on prostitutes before entering parliament at the 2008 federal election.

PAULINE FEGAN v JEFF JACKSON and HEALTH SERVICES UNION 6 April 2009

Fair Work Australia Investigation into the Victoria No. 1 Branch of the Health Services Union under section 331 of the Fair Work (Registered Organisations) Act 2009 mentioning Pauline Fegan, Jeff Jackson and Kathy Jackson

Health Services Union, in the matter of Health Services Union 4 August 2009

The Victorian No. 1 Branch (“the Branch”) of the Health Services Union (“the Union”) has ceased to function effectively and there are no effective means under the rules of the Union by which it can be enabled to function effectively.

Health Services Union of Australia and Health Services Union of Australia Victoria No 1 Branch In the Matter of an Inquiry Relating to an Election for an Office 25 February 2000

Craig Thomson Federal ALP Member for Dobell and former HSU member and office bearer

News.com.au 20 April 2012
HEALTH Services Union (HSU) acting president Chris Brown says reports that the union paid former official Craig Thomson a sum to settle a defamation action are wrong.
Fairfax Media reported today that Mr Thomson, now a federal Labor MP, received a secret payment of $160,000 from the HSU three years after he'd entered parliament....
"Legal action against the union by Mr Thomson to have his accrued leave entitlements paid resulted in the union paying Mr Thomson a sum to cover those legal entitlements.
"The sum quoted in The Sydney Morning Herald and other media is wrong and over-inflated."

The latest twist

The Sydney Morning Herald 26 April 2012

A KEY executive of the scandal-plagued Health Services Union has called for it to be placed into administration.

Gerard Hayes, the acting deputy general secretary of the NSW branch, said the union was ''hemorrhaging members'' because of the ''factional warfare'' between whistleblower Kathy Jackson and the union's head Michael Williamson, who is refusing to step down from the union he has run for 17 years.

The Australian 26 April 2012

THE GILLARD government has moved to intervene in the internal workings of a trade union for the first time in decades, applying to appoint an administrator to the Health Services Union's scandal-ridden East branch.

Janelle Saffin encourages all local veterans communities to tap into funding for Anzac Centenary commemorations and projects

Janelle encourages veterans to tap into Anzac Centenary Program

PAGE MP Janelle Saffin is encouraging all local veterans communities to commemorate the nation’s  military history under the Australian Government’s new $83.5-million program marking the Centenary of Anzac from 2014 to 2018.

“As we approach the 100^th anniversary since the Gallipoli landings and major battles on the Western Front, the Anzac Centenary Program will honour the sacrifices and service of the first Anzacs and of all members of the Australian Defence Force who have kept the Anzac spirit alive,” she said.

Ms Saffin welcomed a package of commemorative events and initiatives, including a local grants program to help Northern Rivers communities carry out their own Anzac commemoration projects, with funding available from January 2013.

Ms Saffin said some key elements of the program include:

• The refurbishment of war graves to ensure individual and collective memorials to our war dead, in Australia and overseas, are properly maintained.
• Funding for the running of commemorative services overseas during the Centenary;
• An Arts and Culture Fund to support individuals, artists and cultural institutions to develop commemorative displays and artistic creations that showcase our military history;
• A scoping study for a travelling exhibition or similar, that will take important memorabilia from the First World War and subsequent conflicts out to communities across Australia.
• Funding for the establishment of the Anzac Interpretive Centre at Albany, Western Australia, where the first convoys of Australian and New Zealand soldiers left for Egypt and Gallipoli.

Ms Saffin said it was fitting that on the eve of Anzac Day 2012, Prime Minister Julia Gillard and the Minister Assisting her on the Centenary of Anzac Warren Snowdon were launching a seven-year program in partnership with local councils, communities, ex-service organisations, state and territory governments and international partners.

Ms Saffin also congratulated the Rotary Club of Lismore Incorporated and the Port of Yamba Historical Society after Veterans’ Affairs Minister Snowdon announced they had received Australian Government Saluting Their Service grants for commemorative projects.

Lismore Rotary will use $3356 to help install a stained glass window in the Warrior’s Chapel of St Andrews Anglican Church, Lismore, to commemorate the servicemen who perished in the Sandakan POW death camps and on the Sandakan death marches in Borneo during the Second World War.

Port of Yamba Historical Society will use $1487 towards staging its current exhibition, The Ghosts of World War One, which commemorates the local men whose names appear on the Yamba War Memorial and honour rolls displayed at the Museum.

Tuesday, April 24, 2012. Media Contact: Peter Ellem 0437 303 875. 

Australian Mining Industry: So which version do you believe is the more accurate?

http://youtu.be/N3RNdqdmGto

http://youtu.be/DbYO4MLvP7E

mUmBRELLA 20 April 2012:

Less than two hours after publishing the story we received the following letter from XStrata Coal:

I refer to the video titled “Ad pastiches mining industry’s ‘This is our story’ campaign” published on your website:

http://mumbrella.com.au/ad-pastiches-mining-industrys-this-is-our-story-campaign-86514

The video found on this link contains a parody of the piece concerning (name withheld by Mumbrella for legal reasons).

Xstrata recognises that there is legitimate scope for parody in public debate, and appreciates the importance in public life of a free and frank exchange of views. Nonetheless, we take exception to the piece concerning (name withheld by Mumbrella) because it makes a number of suggestions concerning (name withheld) that are unfair and defamatory. In particular:

• (allegation withheld by Mumbrella for legal reasons);

• (allegation withheld by Mumbrella for legal reasons);

• (allegation withheld by Mumbrella for legal reasons);

• (allegation withheld by Mumbrella for legal reasons);

These examples are by way of illustration only.

Xstrata is happy to accept robust criticism. But we are not content to allow a valued employee to be defamed in so unfair and personal a fashion. We therefore require that the video found in the above link (and on any other website hosted by Mumbrella or YouTube) be removed immediately and remind you that all persons involved in the publication of defamatory material are equally liable for defamation. We also observe that the reproduction of the whole of the video taken from www.thisisourstory.com.au appears to constitute a breach of copyright. We request your immediate confirmation that the videos will be removed from Mumbrella and YouTube and we expect that it will be taken down forthwith.

We do not wish to escalate this to a legal dispute, but you should not underestimate our willingness to do so if your website continues to defame our employee.

Yours sincerely

Tom Cregan

Legal Counsel

Xstrata Coal

Tweed Cane Toad Muster at Knox Park April 30, 2012

From My Daily News April 24, 2012:

THE Cane Toad Muster is on again and this time the Bush Futures Project wants help to remove the pest from Knox Park.

The muster on Monday, April 30, will be the last for the season.

Tweed Shire Council invasive species officer Pamela Gray said she hoped for a large turnout to really make a dent in the park's toad population….

Participants are asked to wear a long sleeved shirt, long pants and covered shoes and are advised to wear insect repellent.

Anyone under 18 must be accompanied by an adult over the age of 18 in order to participate.

The hunt for the poisonous pests will start at Knox Park's Gazebo next to the lake and will run from 5.20pm until 6.30pm.

Cane toad portrait from Google Images

A short summary of Opposition Leader Tony Abbott's policy positions

Tony Abbott’s big knob has carefully coiffured hair above his forehead when he faces the cameras with a tonsorial wasteland hidden behind.

His social, environmental and economic policies are much the same - all front.

Peter Slipper Cabcharge Dockets. Is somebody having a lend of APN journalists?

Psst! Did you hear that a friend of a friend of a friend of my brother who lives somewhere in Queensland unlawfully used a Peter Slipper CabCharge docket?

That appears to be how ridiculous the media rumour mill is becoming.

The latest to come to my attention is this little gem up on multiple APN newspaper websites, including The Daily Examiner:

A former Sunshine Coast cabbie has revealed how he picked up a girl in Mooloolaba who paid for her fare using a blank Cabcharge docket from Mr Slipper's office. The transaction happened late on Saturday night on October 23, 2010.

The cabbie went on to say he thought it was "strange" at the time.

Strange is not the word for this story, because presumably a copy of the alleged Cabcharge docket would have had to eventually find its way to the Department of Finance and Deregulation and, this does not appear to have happened according to available records covering 1 January 2010 to 30 June 2011.

Not only did this not happen, but the Department has no record of any travel on 23 October 2010. Either by taxi using a Slipper Cabcharge docket which would have to be swiped with his card to be valid (see example below) or indeed by hire car or Commonwealth car.

So the question is: Why on earth didn’t any APN newspaper check with the official website - which posted Land transport travel records for Hon. Peter Slipper, Member for Fisher, for period 1 January 2010 – 30 June 2011 on 10 April 2012  - fourteen days before The Daily Examiner et al began spreading such nonsense?

Copy of a Slipper Cabcharge docket posted at Scribd

Saga giving North Coast backpacker hostels a bad name

The rear of the property where council alleges up to 19 occupants were staying – photo by Kate O’Neill

The Northern Star  9 December 2012:

BYRON'S alleged schoolies slum landlord Shai Major was supposed to appear at Byron Local Court yesterday.

Instead he told the court he was working in Brisbane only to be found a short time later at the Jonson Street property that was shut down by council staff last Friday.

EchoNetDaily 13 December 2012:

The alleged ‘schoolie slumlord’ says he is helping young working locals put a roof over their heads.

He has hit back at both Council and media over his recent Council compliance bust but failed to explain why a raid on his leased property on Bangalow Road last week allegedly found 19 people in the house, including eight schoolies.

Council staff told the media the accommodation was unsafe and unsanitary.

Shai Major, former editor and owner of the now defunct Byron Times magazine, is critical of media reports, including in Echonetdaily, for publishing the property address. He claims that since it went to press, negative comments by locals towards tenants of the property have been both unfair and stressful.

Byron Shire Council media release 28 February 2012 :

Council thanks local media for help with legal action

Byron Shire Council is pleased it has been able to work with The Byron Shire Echo newspaper in legal proceedings against a man accused of unlawfully using premises in Byron Bay as a hostel for schoolies.

Council’s Governance Manager, Ralph James, said The Echo helped facilitate confirmation of statements made by Shai Major, the defendant in the "use of premises as a hostel" proceedings, published in The Echo shortly after Council staff executed a search warrant on the Jonson Street property leased by Mr Major.

“As part of its proceedings against Mr Major for unlawful development, Council asked The Echo to produce documents regarding correspondence between it and Mr Major, after Mr Major made public comments that were published in the paper relevant to the case against him,” Mr James said.

“Council was not seeking any information beyond confirmation that what Mr Major told The Echo was in fact an accurate reporting of his views.

“It is important to note that given the source of the material, Mr Major’s identity was not confidential, the legal protections which allow journalists to protect their sources were not invoked in this case.”

Mr James said that prior to court proceedings last week (Friday, 24 February 2012) he was asked by The Echo’s lawyer whether council would be satisfied with a statement from Mr Major confirming authorship of the remarks attributed to him and confirming the accuracy of the reporting in The Echo article.

“The original subpoena issued by council was aimed at obtaining first hand evidence, namely, an admission, from Mr Major that he was the author of the public comments attributed to him,” he said.

“The proposal put forward last week prior to the court hearing by Mr Major and The Echo’s solicitor achieved that aim.

“On that basis I indicated that such a statement would obviate the need to call on the subpoena because if council had the information from Mr Major first hand it would no longer have a legitimate forensic purpose in pursuing the information from The Echo.

“The Echo’s lawyer, The Echo’s editor, and Mr Major then went into a conference and the solicitor shortly thereafter confirmed to me that Mr Major would make a statement confirming the accuracy of the reported comments.

“After further negotiation, a statement drafted by council was signed by Mr Major and witnessed by The Echo's lawyer. At all times Mr Major appeared to be in contact with The Echo’s lawyer and editor.”

Mr James said The Echo’s cooperation in assisting Mr Major prevented the need for further legal proceedings by Council.

“The statement which The Echo helped facilitate had the effect of releasing The Echo from arguing the subpoena whilst at the same time providing council with the information it sought,” he said.

“We appreciate the role The Echo played in helping facilitate Mr Major’s statement.

“Their role will help Council in its case against Mr Major for the unlawful actions Council alleges he undertook last year by using his residential premises as a hostel for which development consent was not sought nor obtained.

“Council is committed to ensuring residential premises are used within the limits of the law, and it will not stand by while people take advantage of visitors and negatively impact resident amenity in the name of making a quick buck.

“Council also has an obligation to protect public health and safety, as well as the interests of legitimate business who operate with development consent.”

Media contact:

Media Communication Officer
Byron Shire Council
Ph: 02 6626 7320

EchoNetDaily  20 January 2012:

Shai Major, the so-called ‘schoolies slumlord’, has failed for a second time to appear at Byron Bay Local Court to face charges of development without consent. He is believed to have left the country for a holiday in Israel, forcing the case to be held over again until 24 February.

The Northern Star  20 January 2012:

BYRON Bay's so-called 'schoolies slum landlord' has skipped the country, failing for the second time to appear in court to answer charges of operating an illegal backpacker hostel.

It is alleged Shai Major charged naive schoolies and backpackers exorbitant amounts of money to sleep in squalid conditions at a dilapidated residential property he was renting at 139 Jonson St, Byron Bay.

Byron Shire Council alleges Mr Major, an Israeli national, was exploiting the holidaymakers by charging them up to $800 a week to live in the unhygienic and overcrowded conditions.

Council staff have taken the unusual step of also charging the owner of the property, Fletcher Jonson Pty Ltd, under the same offence, alleging the company was aware the property was being used as illegal holiday accommodation.

When police and council officers raided the property on December 2, 2011, they found 18 people, including eight schoolies and 10 backpackers, crammed into the property.

Some of the occupants had been sleeping in the backyard, while others slept on mattresses in a garage that council officers said was as an asbestos risk.

25 February 2012:

THE EDITOR of the Byron Shire Echo, Hans Lovejoy, has avoided being compelled to produce his journalistic notes in court.

Byron Shire Council had issued a subpoena calling for Mr Lovejoy to produce email exchanges between himself and the man accused of running an illegal backpackers hostel, Shai Major.

The emails related to an article Mr Lovejoy published on December 13, 2011, titled 'Slumlord' says he's helping locals'.

But the subpoena against Mr Lovejoy was withdrawn outside court yesterday when Mr Major signed an undertaking that the quotes attributed to him in the article were correct.

25 February 2012:

BYRON Bay's so-called 'slum landlord', Shai Major, has pleaded not guilty to running an illegal backpackers hostel on the town's main street.

Mr Major appeared in Byron Bay court yesterday in sneakers and a T-shirt before Magistrate Michael Dakin......

The same charge against the owner of the property, Fletcher Jonson Pty Ltd, was withdrawn and dismissed as the owner signed an undertaking about future use of the property.

EchoNetDaily 3 April 2012:

Supboenas have been handed to both the Northern Star newspaper and Byron Shire Council by the man accused of running an illegal hostel in Byron Bay last December.

Shai Major, who is representing himself, faced court again last Friday but the matter was adjourned after Council’s lawyers sought more time to be provided with information requested by a subpoena.

Additionally, Council have requested the court change the charge of ‘operate a backpackers hostel without development consent’ to ‘use of premises as a hostel without development consent’.

When the magistrate asked Mr Major if he agreed to to the charge being renamed, he replied that he did not have the legal advice or knowledge to respond.

After the adjournment, Council’s prosecutor Ralph James asked for a colleague to provide free legal advice to Mr Major.

Mr James told The Echo there is no change to the charge or possible fine other than the name ‘backpackers’ being dropped.

‘The charge of ‘hostel’ remains, which is defined under the Local Environmental Plan (LEP),’ he told The Echo……

Mr Major told The Echo, ‘I have put forward these subpoenas to further investigate my allegations of Council’s attempts to interfere with the proper conduct of this trial via a “sub judice” smear-campaign that has been professionally orchestrated in order to get me judged in the media prior to my case appearing in court.

‘I am sad to think that if the Council will win in this case with their authoritarian, big-brother approach to micro-manage our life-styles, that anyone living in a share-house in our beautiful shire will be living in fear of having their house raided – their house-mates interrogated and intimidated – and prosecuted as a criminal.  

Byron Shire News on 12 April 2012:

ABBIE Hoffman used to boast about the size of his subpoenas. Now the old Yippie (a politically active hippie, for those who don't remember the 60s) has a rival in the claims of litigious largeness. Shai Major, the so-called "slum landlord" accused of running a hostel without approval, has subpoenaed The Northern Star, Byron Shire Council (for a copy of the media release and photos, the full brief of evidence and other material which council maintains is privileged) and most recently, the Australian Bureau of Statistics. The Scout will refrain from commenting on the nuisance and cost of Mr Major's legal efforts, in order to avoid being on the receiving end of one of his far-reaching subpoenas.