Notice of Demand Please feel free to reuse and change for your state or territory.
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Notice of Demand Sydney Local Health District
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Date:
From: Nathalie Viader-Etienne
16 Lilyfield Road
Rozelle, NSW 2039
To:
Respondent 1: GINA FINOCCHIARO
gina.finocchiaro@health.nsw.gov.au
Respondent 2: JANICE CAPABLANCA UNAL
Janice.CapablancaUnal@health.nsw.gov.au
Respondent 3: TERESA ANDERSON
Respondent 4: LUISA DE NOBREGA
luisa.nobrega@health.nsw.gov.au
Respondent 5: MEREDITH MARTINS
Please forward to all board members and senior management
NOTICE OF DEMAND and NOTICE OF FURTHER & BETTER PARTICULARS
This Notice is defined in LexisNexis Concise Australian Legal Dictionary as an “Actual Notice” and there amounts to a legal contract.
The Commonwealth Government and the New South Wales State Government are bound by International Laws, which state (in part) that “Government CANNOT force performance”. To do so is unlawful under International Laws, and would constitute slavery, which is forever banned.
This equally applies to all businesses such as SYDNEY LOCAL HEALTH DISTRICT who do the same.
TAKE NOTICE THAT No-one may be tortured, or treated or punished in a cruel, inhuman or degrading way under International Law, The Australian Criminal Code 1995 and Modern Slavery Act 2018 and this applies at all times and under all circumstances.
It is also Unlawful to Discriminate under International and Australian Laws.
TAKE NOTICE THAT the Public Health Act 2010 Of New South Wales No 127 states, in particular and in part, but not limited to Division 4 Public health orders for Category 4 and 5 conditions part 63 Duration of public health order(cf 1991 Act, s 24):
“(1) Unless sooner revoked, a public health order based on a Category 4 or 5 condition expires at the end of the period specified in the order.”
“(2B) For the avoidance of doubt, a public health order made in relation to a person referred to in section 62(1)(b) in relation to the COVID-19 pandemic expires at the end of the period specified in the order.” and noting that under Schedule 3 Vaccine preventable diseases does NOT include COVID 19 as a vaccine preventable disease.
Given there has been no attempt at mitigating the expiry of any current COVID-19 public health orders in relation to my sacking it SHALL BE TAKEN THAT SYDNEY LOCAL HEALTH DISTRICT has failed in its responsibilities and duties to uphold my employment contract.
Given that under Schedule 3 Vaccine preventable diseases COVID 19 is not listed as a vaccine preventable disease it SHALL BE TAKEN THAT SYDNEY LOCAL HEALTH DISTRICT requirement for vaccination against COVID 19 is not to prevent the contraction of COVID 19 for the purposes of a public health order or mandate.
Dear GINA FINOCCHIARO, JANICE CAPABLANCA UNAL, TERESA ANDERSON, LUISA DE NOBREGA and MEREDITH MARTINS,
I, Nathalie Viader-Etienne, am a sovereign living woman. I claim I am a Natural Person under Common Law and I claim my inalienable rights.
I was employed at SYDNEY LOCAL HEALTH DISTRICT as a Salary Packaging Relationship Manager and have been told by GINA FINOCCHIARO, JANICE CAPABLANCA UNAL, TERESA ANDERSON and LUISA DE NOBREGA that I must have received at least one dose of an approved COVID-19 vaccine on and from the 30th of November 2021
I am a mother of two teenage boys whom depend on me financially and the position SYDNEY LOCAL HEALTH DISTRICT has placed me in by insisting I have the COVID-19 vaccination in order for me to continue with my employment contract has caused me extreme anxiety, untold distress and severe depression.
I CLAIM THAT this strong financial coercion by SYDNEY LOCAL HEALTH DISTRICT to be vaccinated puts me under emotional and psychological stress as I am concerned for the welfare and the future financial position of myself and my family now that I am no longer employed by SYDNEY LOCAL HEALTH DISTRICT.
In order for me to fully understand the legal obligations in this matter of complying with the New South Wales Government Chief Health Officer’s (to be further know as CHO) Directives and Orders and specifically complying with Public Health Order No 2 and my employment contract, I DEMAND Further and Better Particulars including all evidence, including any Law Document, Written Statutes, Written Statute Clauses, Acts, Legislation, all written and email evidence of Statutory Declaration, Audio evidence, Video evidence and Photographs by which evidence proves the following:
1. The Due Diligence process, (as defined in LexisNexis) that you have performed and completed as your Duty of Care Obligation at Common Law under the SYDNEY LOCAL HEALTH DISTRICT privacy and employment policies with the report of findings to determine the following:
( a) the lawfulness
(b) the reasonableness (under the Public Health Act 2010 Of New South Wales No 127)
(c) the proportionality and
(d) the appropriateness of the New South Wales Government directive or order to “mandate COVID-19 vaccination” of staff and to police the vaccination status and records of same.
2. The full extent of the consultative process you carried out with your staff and other affected people, clients, contractors and subcontractors and the results of that process.
3. Explicit reasons you failed to mitigate your demands and did not allow me to extend my employment from the 30th of September 2021 whilst I sought medical expertise to help me complete a Medical Contraindication Form.
4. Explicit reasons why GINA FINOCCHIARO decided to place me on leave without pay from the 30th of September in her letter and email sent to me on the 24th of September.
5. Explicit reasons you failed to mitigate the expiry of any current COVID-19 public health orders in relation to my employment contract.
6. Given that under Schedule 3 Vaccine preventable diseases of the Public Health Act 2010 Of New South Wales No 127 COVID 19 is not listed as a vaccine preventable disease I DEMAND you provide irrefutable proof that any of the COVID 19 approved vaccinations will prevent COVID 19 and would prevent me from contracting COVID 19.
7. Studies and Trials completed for all COVID-19 vaccines (with copies of all results) together with all “Safety Data Sheets” (SDS)
8. Studies completed, and results for all Risk Assessment(s) for all COVID-19 vaccines “accepted” by New South Wales Health and its Chief Health Officer and by SYDNEY LOCAL HEALTH DISTRICT
9. Irrefutable proof that I will not be under DURESS from SYDNEY LOCAL HEALTH DISTRICT to take a COVID-19 vaccination and that SYDNEY LOCAL HEALTH DISTRICT will act in compliance with the Nuremberg Code and the Universal Declaration on Bioethics and Human Rights
10.Irrefutable evidence that by not releasing my private and sensitive health information to the SYDNEY LOCAL HEALTH DISTRICT I pose a serious threat to the life, health or safety of a child or any other person or obstruct the running of the hospital.
11. Irrefutable evidence that SYDNEY LOCAL HEALTH DISTRICT will take full legal and financial responsibility for any injury, loss, damage or death to an employee as a result of the COVID-19 vaccinations for the lifetime of the employee until the employee’s death even if the employee ceases to be employed by SYDNEY LOCAL HEALTH DISTRICT
12.Irrefutable proof that SYDNEY LOCAL HEALTH DISTRICT has the lawful authority to breach my privacy afforded by the confidentiality of my doctor patient relationship enshrined in law by requesting and enquiring about my medical details or by requiring me to be “vaccinated”.
13.Irrefutable proof that the National Cabinet, being the usual source of directives to States on COVID-19 matters, is lawfully created under the Commonwealth Constitution and has a lawful head of power to act by giving directions to the States.
14.Irrefutable evidence that SYDNEY LOCAL HEALTH DISTRICT can show precedence that any legally binding directions considered “reasonable” for its employees to have injected, through coercive measures, experimental, or trial, drugs to maintain an employee’s employment status.
15.Irrefutable proof that the SYDNEY LOCAL HEALTH DISTRICT has the lawful power to “mandate vaccines" and thus place caveats on entry to my workplace and deny me the ability to fulfil my employment contract.
16.Irrefutable evidence that the SYDNEY LOCAL HEALTH DISTRICT has consulted the relevant awards, enterprise bargaining agreement, and workplace contracts as part of the process and any changes to employment conditions were done so lawfully with full valid and informed consent of ALL staff, be they permanent, contract or casual.
17. That relations between a trading corporation, such SYDNEY LOCAL HEALTH DISTRICT with ABN 17 520 269 052 and their employees are not governed by Commonwealth law but by State law and, therefore, seeking to apply State law to its employees is consistent with the Fair Work Act 2009 (Cth), the Corporations Act 2001(Cth), Competition and Consumers Act, and Commonwealth Constitution provisions under Sections s51(xx), s118 and Covering Clause 5 and Case law precedent.
18. The term “mandate” does have lawful force and effect and that a “mandate” contract can be raised by a person or entity (eg a company, the Chief Health Officer etc.) without the voluntary consent of the other party (e.g. myself) to the mandate contract.
19. Irrefutable proof that Directives or Orders issued by the Chief Health Officer of New South Wales have the lawful power and effect when inconsistent with the Biosecurity Act 2015, with regard to the mechanism of formulating and of issuing of a Public Health Directive or Order to an individual or to group of people, “mandating” or conscription of medical procedures and quarantine measures and restrictions to workplace site access.
20. Irrefutable proof that the Chief Health Officer of New South Wales or the New South Wales Government has the lawful power and authority to issue Directives or Orders that are inconsistent with the Commonwealth Constitution, under Covering Clause 5, section 51 (ix), section 51 (xxiiiA) and section 109 with regard to the mandating of, or the conscription of, medical procedures and quarantine issues, in particular, preventing a group of people, including myself, from entering a site or facility and the mandating of vaccines and medical procedures.
21. Irrefutable proof that what cannot be done directly by the Commonwealth (“vaccine mandates, site entry “mandates” etc.) can be done directly by the State of New South Wales and or by SYDNEY LOCAL HEALTH DISTRICT
22.Irrefutable proof and guarantee that I shall lawfully retain my inalienable human rights regardless of any US Supreme Court Ruling with regard to Patent Law which has world wide jurisdiction, that may provide for those taking mRNA or DNA modifying treatment to be the classified as not fully human and to be deemed to be a patentable product of the “drug / treatment “ manufacture or designer.
23.Irrefutable evidence that the Human Disease named COVID-19 presents a Major Emergency in NEW SOUTH WALES that is demonstrably verifiable and obviously evident to the general public.
24.The approved legal status of all COVID-19 vaccines, their trial status and trial end date.
25.The TGA approval of the vaccinations after they have fully reviewed the trial studies.
26.Irrefutable proof that the vaccines have been fully and independently and rigorously tested against control groups and the subsequent outcomes of these tests.
27.Irrefutable proof that the control groups in the vaccine trials were not administered a COVID-19 vaccine during the trial period.
28.Full list of ingredients from the vaccine manufacturers including testing results for carcinogenicity, toxicology and effects on reproductive organs.
29.The appropriate Safety Data Sheet (SDS) for the vaccines authorised by the TGA & the CHO accompanied by the relevant authorised and approved Safe Work Methods Statement (SWMS) documentation for the safe performance of the requested task of vaccination as required by SafeWork New South Wales for tasks of high risk. (for declared risks refer manufacturer’s data, TGA and CDC recording of adverse effects and deaths).
30.Studies completed and results showing irrefutable proof that mask wearing stops the spread of all strains of the SARS CoV2 (COVID-19) virus and that it is harmless to the wearer for the periods required in the workplace.
31.Irrefutable proof of the existence of the isolated SARS CoV2 Delta strain and other variants or strains including Omicron, which is confirmed by means of a purified viral sample being imagery with an electron microscopy.
32.Irrefutable proof of (a controlled specific experiment on human or animal) where the isolated SARS-CoV2 Delta virus and other variants are exposed to healthy humans or animals shown to cause the disease SARS CoV2 known as COVID-19.
33.Irrefutable proof that the PCR Testing used in New South Wales is conducted at 24 cycle threshold and irrefutable proof PCR testing can identify SARS CoV2 as a live cell, can differentiate between the various strains of SARS CoV2, can differentiate between a living SARS CoV2 and dead SARS CoV2 cell and irrefutable proof that PCR testing can distinguish between SARS CoV2 and Influenza.
34.Irrefutable proof that PCR Test results used in New South Wales can detect the actual viral load of infection of a subject who is without clinical symptoms.
35.Irrefutable proof that SARS CoV2 cannot be transmitted or acquired after vaccination.
36.Irrefutable lawful evidence that required me to be “mandated/required to be COVID-19 vaccinated” to keep my job under my existing contract when this is not imposed on Federal Politicians and that this evidence justifies Equality Before the Law.
The Australian Immunisation Handbook, under Section 2.1.3 ‘Valid Consent’ states that for consent to be legally valid “it must be given voluntarily in the absence of undue pressure, coercion or manipulation.” Your “Vaccinations Policy” SHALL BE TAKEN AS pressure and coercion of a financial and emotional nature, and manipulation and failure by you to protect the rights of your staff and myself and a neglect of your Duty of Care to your staff and myself.
I CLAIM THAT “mandatory vaccinations” are a breach of the Human Rights Act 2019 Section 17 which states protection from torture and cruel, inhuman or degrading treatment and subjection to medical or scientific experimentation or treatment without the person’s full, free and informed consent.
I CLAIM THAT I am NOT able to exercise my Duty of care to my family as a responsible adult if I put myself in harm’s way needlessly by taking COVID-19 experimental vaccines.
I DEMAND THAT my rights to protection are upheld as under the Modern Slavery Act 2018 and Universal Declaration on Bioethics and Human Rights and under contract law.
TAKE NOTICE THAT coercion to take a vaccine or to be part of a medical experiment if proven can result in Crimes against humanity such as torture, assault and battery for which there is no defence in law.
I DO NOT CONSENT TO:
● Being mandated a COVID-19 vaccination by SYDNEY LOCAL HEALTH DISTRICT and releasing my private and sensitive health information to any third party.
● The loss or threat of loss of my employment because I decline to disclose my private and sensitive health information or have it assumed or inferred that by not releasing private and sensitive health information I have or have not had any of the provisionally approved TGA COVID-19 vaccinations.
● I do not consent to SYDNEY LOCAL HEALTH DISTRICT making changes to employment status, workplace contract, relevant awards, enterprise bargaining agreements, as a result of issuing this NOTICE OF NON-CONSENT AND CONSCIENTIOUS OBJECTION
● Any change in my employment status, workplace contract, relevant awards, enterprise bargaining agreements that enforces the use of accrued recreation, retention, long service leave or leave without pay as a result of issuing this NOTICE OF NON-CONSENT AND CONSCIENTIOUS OBJECTION
● The loss of my inalienable human rights under US Patent Law through the taking of a gene modification treatment and becoming a patentable and commercially tradable commodity no longer classified as fully human.
I DEMAND THAT:
1. You make all staff, contractors and involved parties aware of this Notice
2. You provide me with all your personal indemnity insurance policies by 5pm, (35) Thirty Five days from the date of this Notice
3. A conscientious objection exemption to COVID-19 vaccinations issued by SYDNEY LOCAL HEALTH DISTRICT be delivered to myself within (35) Thirty Five days from the date of this Notice
4. Confirmation in writing that conscientious objection exemptions be given to myself from SYDNEY LOCAL HEALTH DISTRICT for any future vaccination mandates within (35) Thirty Five days from the date of this Notice.
5. SYDNEY LOCAL HEALTH DISTRICT show irrefutable proof of procurement of exemptions, medical or other conditions (namely, conscientious objection and religious), within (35) Thirty Five days of the date of this Notice, for all SYDNEY LOCAL HEALTH DISTRICT employees.
6. I am permitted to attend the workplace to carry out my duties under my employment contract without hindrance regardless of my “vaccination status”.
7. I be rostered on to my full entitled schedule of hours without discrimination and harassment.
8. I be compensated for any loss of remuneration due to un-rostered entitlement under my existing contract.
9. My entitlements such as long service leave, sick leave, parental leave be fully reinstated.
TAKE NOTICE THAT: any breach of the terms of this Notice by ANY man, woman, person or other entity whether present or not, it shall be taken that SYDNEY LOCAL HEALTH DISTRICT its employees, contractors and other persons:
• SHALL BE liable for breach of Duty of Care Obligation at Common Law; and/or
• SHALL accept FULL AND PERSONAL LIABILITY for the consequences of their actions, should any harm come to myself, that can be diagnosed by competent medical agencies; and/or
• SHALL BE guilty of breach of International Laws on slavery and torture, and you shall offer No Defence to any charges being laid against you under International Law.
TAKE NOTICE THAT Failure by you to lawfully and/or legally rebut or refute this Notice by providing any evidence giving full grounds within (35) Thirty Five days of the date of this Notice, and comply with my demands it SHALL BE TAKEN THAT :
(a) You have no claim in this matter and SHALL ENTITLE ME to investigate further legal remedy at your cost and no further notice to me.
(b) I AM ENTITLED to lodge official lawful complaints to State and/or Federal Anti Discrimination Commissions and to the Human Rights Commission regarding the behaviour of SYDNEY LOCAL HEALTH DISTRICT
(c) I AM ENTITLED to raise a full incident investigation with WorkSafe under WHS Legislation involving the SWMS or lack thereof.
(d) I have a lawful “reasonable excuse” under Public Health Act 2010 No 127 of New South Wales to not comply with the Directive of the CHO of New South Wales to be vaccinated.
(e) The CHO of New South Wales or SYDNEY LOCAL HEALTH DISTRICT is unable to provide any reasonable information to support the CHO’s “reasonable belief” that it is necessary to make such directives for mandatory vaccination against COVID-19 for any person especially by blanket Directives to groups of employees.
TAKE NOTICE THAT Any retaliation upon myself or any discrimination by SYDNEY LOCAL HEALTH DISTRICT as a result of any such action resulting from the foregoing including SHALL ENTITLE ME to seek further legal remedy at your cost and at no further notice to you.
TAKE NOTICE THAT if no irrefutable evidence is provided nor any full response is received to this Notice it SHALL BE TAKEN THAT you hereby agree to the terms of this notice and both parties have full accord and satisfaction.
I wish to finalise this matter as soon as possible due to the ongoing stressful situation. If you have any questions regarding this Notice, please contact me by email. TAKE NOTICE THAT all further communications with SYDNEY LOCAL HEALTH DISTRICT on this matter will only be agreed to in writing due to the nature of these matters.
Thank you for your time and I look forward to your response with a positive outcome.
Yours Sincerely,