Document

THE PLIGHT OF HEALTHQUEST'S VICTIM "B"

TO:
MR STEVE DAVISON
CEO HEALTHQUEST

URGENT
Dear Mr Davison,

Please refer to my previous e-mail 10 May 2007 and our lengthy discussion at the NSW Supreme Court on 28 March 2007. In that discussion you openly acknowledged the ongoing and serious problems arising out of practices of HealthQuest. You clearly stated your intention to overcome those problems and the necessity of our involvement in any such process.

I believed that you were genuine. I referred in my earlier e-mail to your published guideline of 23/3/07 where you clearly state:

"It is important to remember that decisions relating to the retirement of public sector employees are the sole responsibility of the Department Head. While the HealthQuest Assessment must be considered when deciding to medically retire a public sector employee, Departmental Heads must also take into account other relevant information in making their decision."

The decisions of the NSW Industrial Relations Commission in NSW TAFE Commission & Kerrison (2004) NSW IRComm 369 , Crewdson v DOCS & Anor (2005)NSWIRComm 308 and [HealthQuest's Victim "B"] v DPPWS & Ors (2006) NSWIRComm[temporarily withheld] have all been determined on a false basis contrary to your statement above. In each of these cases the Crown Solicitor has wrongly argued that the Department Head or officers are bound by the opinions of HealthQuest and must implement those opinions without taking any other relevant information into account. The judges have made their decisions on the basis of what has been put to them by the Crown Solicitor instructed by our employers and in the cases of Ms [HealthQuest's Victim "B"] and myself also by HEALTHQUEST.

On 10 May 2007 and again on 28 March 2007 I asked you as a matter of urgency to correct the IRC Full Bench (Justice Walton, Staunton and Staff) on their misunderstanding of HealthQuest's role prior to their dismissing her application to reopen her case. You were present in the Commission for the hearing and did nothing. Mrs Kerrison continues to suffer a huge injustice and one that more seriously impacts on her health.

And now I must write to you out of very great concern for the situation of Ms [HealthQuest's Victim "B"]. Justice Marks dismissed her case relying on the Kerrison Appeal judgment and again wrongly holding that the Department Head's role was simply to implement the HealthQuest opinion with taking any other relevant information into consideration.

Ms [HealthQuest's Victim "B"] is now being directly sent intimidating letters by a Mr Fesel of the NSW Crown Solicitors office on your instructions pursuing her for costs for a case that has been dismissed on a wrong basis. (See above) The letters are threatening to seize her assets. I have written to Mr Fesel firmly stating to him that I am Ms [HealthQuest's Victim "B"]'s agent and am taking responsibility for this matter. Mr Fesel persists in harrassing Ms [HealthQuest's Victim "B"].

Mr Davison-the Industrial Relations Commission and now the NSW Supreme Court have made you HEALTHQUEST the ultimate arbiter of our employment. This means that you HEALTHQUEST is fully and ultimately responsible for what is happening to us.

You must correct the court on the proper role of HealthQuest as per your guideline 23 May 2007. HEALTHQUEST have "certified" Ms [HealthQuest's Victim "B"] as suffering a permanent incurable condition characterised by marked depression and anxiety and now you are thereatening to seize what assets remain to her after being unlawfully excluded from employment for 9 years and left completely without any guaranteed financial support. You are threatening to seize her house and render her homeless. The contents of the letters from the Crown Solicitor are causing her great distress.

This is a very serious situation.

Would you please ensure for the wellbeing of Ms [HealthQuest's Victim "B"]:
that no such further threats are issued to Ms [HealthQuest's Victim "B"]

I then wish as soon as possible to see all necessary action to remedy the injustices done to Ms [HealthQuest's Victim "B"], Mrs Kerrison and other victims of HealthQuest maladaministration instead of further persecution and punishment.

I will be sending a letter with attachments concerning the issie of Ms [HealthQuest's Victim "B"].

Please respond