Enter unSafeWork NSW & “that” RTW plan I drafted - October 2020

“I’m not here to play he said she said.” A SafeWork NSW inspector 

On 7 October 2020, I emailed the Manager (WHS & Wellbeing), regarding an updated certificate of capacity, that recorded Psychological guarding from the National manager of employment relations and safety, HR Directorate. I asked him to keep me safe. He didn’t. He chose to be complicit in reckless conduct too.

I wrote:

“I’ll be sending an updated certificate of capacity tomorrow with certain instructions. Finally I’ve had some explanation on how documents like Certificates of Capacity work.

Can you also inform me if there’s a RTW plan / program you can send me…

I have been away from my work (not by choice, and others may be reading this private email I send you, I suspect, but I’m not sure), since 2 July 2019. I went in on 5 August 2019 to meet with the Associate Director, Client Services, Library to report the bullying and harassment. The “system” is very frustrating because it’s broken. Also, I can’t change what I’ve been put through, what’s happened is what it is. But I need a team effort and clear communication for positive steps forward to ease me back into my role.”

Certificate of Capacity with psychological guarding from the national manager, employment relations and safety / HR directorate - signed 8/10/2020 - but too late and not respected by the self-insured employer 

 

That information came from the SafeWork NSW inspector. But I’m disgusted that the “job title” of the perpetrator is recorded. A person doesn’t need psychological guarding from a non-human job title. They need psychological guarding from the named individual in that job title. 

How much longer are bullies and abusers in the workplace going to be protected for committing WHS violations and engaging in reckless conduct? If such individuals repeatedly refuse to behave reasonably and comply with WHS codes as duty holders, and instead, do what Rena Christmann did, the best deterrence is to name the INDIVIDUAL that an employee requires psychological guarding from, on the medical certificate of capacity. 

Let’s see if employers violate WHS codes, laws and regulations with that on record. Let’s reduce WHS violations, along with a need to make workers compensation claims and having to record psychological guarding from WHS duty holders. 

I had organised a teleconference with the WHS & Wellbeing manager and the SafeWork NSW inspector, to devise a “RTW plan”. I was so confused with what was going on, because information I had a legal right to know, had been withheld from me. Information, along with legal entitlements, weren’t only deliberately withheld by HR and the WHS duty holders within the PCBU, but from the National Tertiary Education Union, as a member. 

The SafeWork NSW inspector commented that it was an odd way of doing things. Did she think why? She was abrupt with me as to working it out with my GP. With Covid lockdowns, I only had sporadic 10-minute telehealth sessions and it wasn’t easy for overworked GPs. The PCBU, Catholic Church Insurance and the NTEU omitted to inform me that allied health professionals were given authority by SIRA NSW, to submit subsequent certificates of capacity, after the initial one from the GP. 

I found out on my own, through my own research, and all of it, too late. 

I called SafeWork NSW to be protected from bullying, harassment and stalking and for them to save me from an unlawful motive. I thought that’s what SafeWork NSW were meant to do. 

Did the SafeWork NSW inspector reflect on why the psychological guarding recorded on my certificate of capacity against Rena Christmann? 

What’s worse, the SafeWork NSW inspector was communicating with the very perpetrator, treating her like royalty (because of her job title, as written on that certificate of capacity), and me, the abused target, was treated like shit. I, the frightened employee, who reported this abuse to SafeWork NSW, so they use their power and authority to stop the abuse, was further bullied and grossly neglected and harmed by SAFEWORK NSW. 

In between conversing with me and the perpetrator, the SafeWork NSW inspector shocks me with yet more words I’ll never forget. 

“I’m not here to play he said she said.” 

But she did. She took the word of a pathological liar, the perpetrator, over mine. Also there is clearly no “he said, she said”, given the evidence I provided to SafeWork NSW at the time. To this very day, SafeWork NSW couldn’t care less to view those records, including my attempt to take out an APVO. 

I’m about to become a soccer ball, kicked around between SafeWork NSW and SIRA NSW, in sick pleasure. It’s obvious to many people that something stinks in all this. Is it a “broken system” or “systemic design” to abuse and break people? 

SafeWork NSW are liable for causing WHS risks, rather than what they advertise to the NSW Public they do: take WHS violations seriously, conduct legitimate inspections and ENFORCE WHS COMPLIANCE. 

And we’re back to telling abused women, “I’m not here to play he said she said”, are we? 

SafeWork NSW victim blames! That inspector also kept comparing me to other cases and individuals that had nothing to do with me or the psychological terrorism happening in the university sector! She judged me based on her own “baggage” and it cost me everything, for years! 

How dare SafeWork NSW staff treat frightened workers with degradation, disrespect and lack of empathy and understanding! 

Is the entire government “system” a failure, negligent, dishonest, and disassociated from humanity and what they are meant to do to protect workers?

The rude behaviour from the SafeWork NSW inspector is indescribable. It was very harmful. 

Here’s something else the RTW coordinator had deliberately withheld. It was provided to me during the teleconference with the WHS & Wellbeing manager and the SafeWork NSW inspector: a form to obtain signed consent from the employee to contact the treating doctor. This was never provided to me until this meeting in October 2020. The RTW coordinator would continue to not cooperate, never contacting my treating professionals as per her legal responsibility, duty and RTW obligations. 

Furthermore, with what right did Rena Christmann, who I had attempted to legally restrain, contact my treating psychologist, without my signed consent? It was harassment to cause distress and make me feel unsafe even in this personal space. This is the new form of workplace abuse: GASLIGHTING on a whole new and extreme level!

Now I have in my possession the form I was meant to be provided with months earlier, regarding signing consent for the RTW coordinator to communicate with my nominated health professionals. 

I’ll conclude this post with a screen shot of the RTW Plan I drafted, but the DUTY HOLDERS HAD NO INTENTION OF COOPERATING TO IMPLEMENT. 

Return to Work plan that I drafted but the PCBU refused to stop the serious abuse as adverse action and cooperate to implement as per legal obligation and Injury Management Plan agreement

The above image is a redacted version of the RTW Plan that I drafted. But the employer and self-insurer had no intention of cooperating and complying with either the injury management plan agreement or any RTW Plan, including this one. 

I put these ideas together to begin with, but I had no idea what a RTW plan was meant to look like. There was no communication from the RTW coordinator to help me, nor from the WHS & Wellbeing manager post our tele-conference with the SafeWork NSW inspector, nor was any contact made by the RTW coordinator with my NTD, as per injury management plan agreement. Catholic Church Insurance never replaced the case manager, if, indeed, she had left CCI. 

The WHS unit had no intention of implementing a RTW plan aligned to the injury management plan. 

What they did plan is yet another hostile IME and revealed a 7 page report of twisted false statements by that very disturbed “practitioner” Deepinder Miller, from 14 November 2019, on a non-existent consultation. This document is evidence of MEDICAL FRAUD. We’ll leave that incident for another post. 

SafeWork NSW would continue to cause more harm in gross negligence from hereon. 

How does SafeWork NSW’s own attitude and conduct achieve mentally healthy workplaces? IT DOESN’T. 

This post is based on documents 106-107 and 122. It displays adverse action for requesting generally protected workplace rights, privacy violations, deception, workers compensation fraud and reckless conduct that condones engaging in WHS breaches and creating psychosocial hazards, not managing the risks as the PCBU is reasonably expected to do so, BY LAW.

_______________________________

 

SafeWork NSW. (updated 2021, May). ‘NSW mentally healthy workplaces: Strategy to 2022.’ NSW Government. Online: https://www.safework.nsw.gov.au/__data/assets/pdf_file/0006/362274/NSW_mentallyhealthyworkplacesstrategy_2018_22.pdf 

I emphasise for the reader to notice the photographs of "happy" workers, and my horrific experiece that proves that even SafeWork NSW and its inspectors, that should model a mentally healthy workplace, don't. I'm still in shock with what happened. I know I’m not an isolated case. People need an opportunity to speak up and voice their traumatic experiences. 

Oh look, below! More SIRA NSW guidelines, a regulator that is either too incompetent or corrupt to enforce regulations mentioned in the guidelines. 

 

Guideline for workplace Return to Work Programs - https://www.sira.nsw.gov.au/resources-library/workers-compensation-resources/publications/help-with-getting-people-back-to-work/guidelines-for-workplace-return-to-work-programs 

"Employers must comply with these guidelines, which are made and enforced by the NSW State Insurance Regulatory Authority (SIRA), under section 52 of the 1998 Act."

Here is a link to section 52 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).  https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-086#sec.52

And what does SIRA NSW do in practice? NOTHING. What they do instead is torture and financially abuse the compliant worker, for almost 5 years, since the date a complaint was submitted, and then try to cover up the gross negligence with a fake inquiry. The NSW State Insurance Regulatory Authority are the biggest abusers in this scam, subjecting customers to years of fraud and psychological terrorism, with their customers’ own tax contribution. 

THIS IS WHAT THE NSW PUBLIC IS PAYING FOR. WE ARE ALL PAYING A HEFTY PRICE.