NO IRC 7143 of 2003





Ex Debito Justitiae


Date: 21 March 2006

Filed by

V Kerrison Respondent

Address for Service

C/- 12 Alverton Street KEMPSEY NSW 2440

Telephone Message: C/- Don Kerrison 6562 6767

Fax: C/- Don Kerrison 6562 6767

On 21 March 2006, I Valda June Kerrison say on oath:

  1. The Industrial Relations Commission (IRC) held medical advice that I should not be running legal matters at present, but IRC proposed to proceed.
  2. I therefore again asked IRC, and despite embarrassment, divulged my present personal health symptoms.
  3. I have now received a letter from IRC 14 March 2006 that the IRC propose that they continue this case on 24 March 2006 with directions to TAFE regarding costs against me, and advise that my attendance is not required.
  4. I disagree and protest against this arrangement.
  5. I believe that considering costs against me is premature, unjust, without substance; waste of public funds, resources and publicly funded time because it goes directly opposite to the documents and/or evidence held by all parties.
  6. I believe those documents and/or evidence indicate that justice, including judgement and costs etc are owed to me.


  7. I believe that the IRC judges did not have the power on 20 September 2004 to disallow my contentions that there was denial of natural justice from Jan 1995 onwards, and therefore I, my family and associates, and students have, at all times, entitlement to natural justice from TAFE, HealthQuest, IRC and others holding the power to affect my rights to job, income, reputation etc.
  8. I believe that all parties hold 18 July 2005 WhistleBlowers’ Documents Exposed (WBDE) Procedural Fairness Natural Justice Panels project because it was sent to key players through the years 1995 to mid-2005 and onwards, and publicly published, and these key players in this project include:
    Ms Elaine Brus, Mr Bob Carr, Mr Peter Cribb, Dr Helia Gapper, Dr Jim Holmes, Dr Helen Jagger, Mr Chris Lockwood, Mr Menzies, Dr Eva Mandel, Ms Elizabeth McGregor, Mr Mike Quinn, Dr Gregor Ramsey, Ms Gail Robison, Mr Raoul Salpeter, Hon Jeff Shaw’ Ms Kerrie Walshaw’ Dr Gary Willmott’ Mr Robin Shreeve’ Dr Andrew Refshauge [sic should be Refshaughe], Hon Morris Iemma;
    8.1 That supply of information 18 July 2005, and opportunity to deny if they wished, led to their agreement that decisions and documents against me were judged Null & Void, and should be so stamped and the null and void actions rectified.

    8.2 These decisions/documents/actions are again listed at URL and the 30-odd voided documents clearly marked. [Attachmed at Page 5 of this Affidavit].

    8.3 I believe that even though the IRC and Crown Sols/TAFE could have done this, they had yet another chance because this information and decisions was incorporated in WBDE Panels’ Notice/application to IRC and Crown Sols for ex debito justitiae dated 8 January 2006.

    8.4 I believe that we all; including all judges, TAFE legal representatives, and I; hold this application and conclusion because it was security-posted to all personally including Justices Wright, Walton, Staunton, Staff, and Mr Knight Crown Solicitor’ Office (the addressees) directly to their individual offices.

  9. That 8 January 2006 application for ex debito justitiae is also on public record at:
  10. I believe that we are all party to the 8 January 2006 WBDE Notice/application for ex debito justitiae conclusion which set out:
    “…If there is anything further which WBDE or anyone else needs to do to get justice for Mrs Kerrison we ask that this be clearly and unambiguously conveyed to the relevant person and notify us and Mrs Kerrison. “1. We ask the relevant parties to address the irregularities and breaches set out in these documents by 22 January 2006 being 14 days from the date of this notice. “2. In addition, by 22 January 2006, if Mrs Kerrison has not been contacted by the addressees and a different arrangement agreed to by the parties, it is taken that the addressee/s of this document, together with Mrs Kerrison and WBDE (if applicable) agree unreservedly and binding that all the documents identified as being null and void at “are null and void; that all copies must be so stamped; and that the judgement of December 2004 is formally set aside as void by the IRC and TAFE’s application to Appeal is denied.”
  11. I believe that as at 22 January 2006, and even 20 March 2006 neither I nor WBDE have received any denial or protest from any of the addressees.
  12. I believe that it is therefore taken that no addressee to that application has disagreed or sought to avoid or change such agreement, and therefore fully agree I am entitled to all as set out in that January 2006 Notice/application .
  13. I believe that this entitlement includes judgement and costs to me, and not judgement and costs to TAFE as proposed by IRC in their letter 14 March 2006.
  14. I believe that I am entitled to ex debito justitiae now.
  15. Forced “Medical Retirement” - Discrimination

  16. On 6 March 2006 the WBDE Human Rights and Ethics Panel wrote to Mr Stepan Kerkyasharian, President of the AntiDiscrimination Board asking him to advise/assist the IRC in relation to discrimination re an IRC/Crown Sol/TAFE purported forced ‘medical’ retirement.. This letter is on public record at URL
  17. IRC Judge/s May Inquire Into and Revisit Any Part of this Case 1994-2006

  18. I believe that IRC have recently sought further evidence or information regarding my case, and may be assisted by the chronologically organised narration of information extracted from the material held by the Commission and parties in the form of case documents, affidavits and accounts. They are set out in the article “Val Kerrison – Her Story” published with public comments on Sydney IndyMedia at: and is also on the WhistleBlowers’ Documents Exposed web site, URL
  19. I believe that if IRC judges feel insufficiently informed this should have been immediately addressed directly, efficiently and effectively.
  20. I believe that it is not appropriate for IRC Justices to meet alone with TAFE legal representatives to give ‘directions’ to them on costs against me because that ignores and effectively denies my claims and applications for justice, the evidence they hold, and their responsibilities to public justice..
  21. I believe that ignoring and or denying the procedural fairness natural justice issues and issues set out in the WBDE Notice/application works seriously against my claims because we all hold documents showing that I am entitled to justice, and that this justice includes judgement for me and my legal costs against TAFE.
  22. I believe that the path proposed by IRC in their letter 14 March 2006 is opposite to administering justice; that it is not in the public interest, is a misuse of public resources, seriously damaging to me both legally and health-wise, and hugely helpful to TAFE and Crown Solicitors.
  23. I ask that I be contacted and advised
  24. 21.1 that the Directions hearing scheduled for 24 March 2006 is cancelled, and 21.2 that ex debito justitiae has been commenced, and 21.3 how it will be accorded.
  25. Failing that, as there is no person to represent my interests in Court it appears that, to try to protect my claims I need to leave Kempsey early Thursday in order to attend the scheduled listing 24 March 2006 in Sydney.

SWORN By the Deponent                                           )
At Kempsey                                                                   )
Before me:                                                                     )

On the twenty-first day of March in the year two thousand and six.

…………..……………………… Solicitor/Justice of the Peace

1. 1994 Aug 05 - Ramsey to Wells. Grievance. “teacher gave herself 100% exam results…”
2. 1994 Nov 27 - Letter by Aboriginal Michael Smith Ex 3 (15)
3. 1995 Jan 17 - VOID TAFE Managing Director Dr Ramsey memo to Dr Gary Willmott. Kerrison to “HealthQuest” Ex9
4. 1995 Apr 11 - VOID TAFE Quinn to CRS Port Macquarie referral form Ex85 Att4 P3
5. 1995 Apr 19 - VOID TAFE Quinn to Scuglia “Medical Assessment” Ex24”3”
6. 1995 May 01 - VOID TAFE Walshaw letter to HealthQuest Dr Gapper Ex 18”A”
7. 1995 May 01 - , VOID TAFE request HealthQuest “Fitness to Continue” psychiatric assessment Ex19”C”2
8. 1995 May 14 - VOID TAFE McGregor directs Kerrison to “Workers’ Compensation/Rehab” appointment Ex”A”
9. 1995 May 23 - VOID TAFE Walshaw, Eliason, phone call to HealthQuest “medically retire…” Ex10
10. 1995 May 26 - Kerrison working. Press release to Macleay Argus re TAFE students and courses Ex3(9)
11. 1995 May 30 - VOID HealthQuest record of phone call from TAFE Walshaw Ex 20 (C)
12. 1995 May 31 - VOID HealthQuest record of phone call from TAFE Walshaw Ex71
13. 1995 Jun 05 - VOID Part of Dr J Holmes to HealthQuest. Dr Jagger. Ex 20 “D”
14. 1995 Jun 16 - VOID HealthQuest doc ‘RETIREMENT CERTIFICATE’ written while K working Ex44”A”
15. 1995 Jun 16 - VOID HealthQuest Dr Jagger to Kerrison. Rec’d by K after work on 22 Jun 95. Ex 20 “F”
16. 1995 Jun 23 - VOID TAFE Walshaw to Kerrison. “…your notification of retirement…” Ex19”E”
17. 1995 Jun 26 - VOID TAFE to State Super. TAFE’s first attempt to apply a “Medically Retired” status Ex13
18. 1995 Aug 03 - VOID Part of TAFE Walshaw to HealthQuest Dr Gapper “copy and fax” Ex20”G”
19. 1995 Sep 05 - VOID TAFE Scuglia Release Pay Form B22166. Amends SP B22112” Ex 31
20. 1995 Oct 05 - TAFE Walshaw to Kerrison re “…your request for information…in TAFE files”
21. 1995 Oct 16 - VOID TAFE to Kerrison responding to her requests for information. EX79
22. 1995 Nov 24 - Kerrison to HealthQuest “Request for Information” under the FOI Act
23. 1995 Dec 04 - VOID Part of TAFE McGregor Statement in Matter Ex 89
24. 1996 Jan 23 - VOID TAFE Gail Robison to Mary Dale TAFE Legal Div Exh 98
25. 1996 Jan 23 - VOID TAFE Gail Robison to TAFE Legal Div Exh 99
26. 1996 Apr 04 - TAFE Salary slip. Mrs Kerrison’s Base Salary $43850.00 Extended leave 57.17
27. 1996 Apr 18 - VOID TAFE Salary slip. Mrs Kerrison’s Base Salary $0.00 Extended Leave 57.59
28. 1996 Apr 18 - VOID TAFE computer entries leave entitlements. Journals Extended -294; Sick -190.5 Ex93
29. 1996 Apr 22 - VOID TAFE Walshaw to Dept Social Security. Kerrison “placed on sick…”
30. 1997 Feb - VOID TAFE Quinn to Walshaw. Letter “dated” 19 April 1995 Ex 24 (4)
31. 1997 Feb - VOID TAFE Quinn to McGregor. Letter “dated” 20 April 1995 Ex 24 (2)
32. 1997 Jul - VOID TAFE VR [Voluntary Redundancy] package Kerrison
33. 1997 Nov 11 - VOID In Parliament Hon Jeff Shaw ”Ms Kerrison’s medical retirement…1996” Ex3
34. 1997 Nov 19 - VOID TAFE Thurston to TAFE Mortimer “Medical Retirement” “Revealed June 99” Ex85
35. 1998 Jan 13 - VOID TAFE Legal Officer Cribb to TAFE Lockwood
36. 1998 Mar 26 - VOID TAFE to State Super. Kerrison, SLWOP from “15.4.96…”
37. 1998 Mar 26 - VOID TAFE fax to State Super V Kerrison Exit/ LWOP (Leave Without Pay) Ex 35
38. 1998 Apr 14 - VOID State Super “retrospective LWOP (Leave Without Pay)…1996…” EX38