Letter of response to a workplace direction to vaccinate

Letter of response to a workplace direction to vaccinate

Former Senator Rod Culleton has drafted a template letter that may assist in preserving an individual’s right to employment.

Culleton said today he would help offer remedy to individuals being coerced into receiving a medical procedure to keep their employment.

Rod Culleton explains the letter of response

Below is a list of template letters by State. Download the applicable template letter to your State.

“It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt.” ~ John Philpot Curran (1750–1817)

(Eternal vigilance is the price of freedom)

s 162(1) Public Health Act 2016 (WA)
s 203(2) Public Health and Wellbeing Act 2008 (VIC)
s 362D Public Health Act 2005 (QLD)
s 120(4) Public Health Act 1997 (ACT)
s 101(2) Emergency Management Act 2013 (NT)
s 81 South Australian Public Health Act 2011 (SA)
s 10 Public Health Act 2010 (NSW)
s 242(1) Work Health and Safety Act 2012 (TAS)
George v Rockett [1990] HCA 26; 170 CLR 104; 64 ALJR 384; 93 ALR 483; 48 A Crim R 246
High Court unanimously holds that Queensland Rail is a trading corporation within the
meaning of s 51(xx) of the Constitution
s2 Constitution Act 1889 (WA)
Corporations (Commonwealth Powers) Act 2001
s 118 Commonwealth of Australia Constitution Act 1900 (UK)
Stay of the Emergency Temporary Standard Requiring Mandatory Vaccines or Testing for All Employers (US)
Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals (US)

*Not to be taken as legal advice

92 Comments on “Letter of response to a workplace direction to vaccinate

  1. THANK YOU Rod for everything you are trying to do to help so many Aussies!
    I hope this assists a relative who is in WA police.
    I live in Qld. Is it possible to use this, as an independent (self employed) ABN worker in disability support? It’s been mandated by the Qld Health Dept, yet technically my ’employer’ is an individual with whom I have an NDIS service agreement. Technically I’m paid by the Federally funded NDIS. They have recommended mandating workers within registered NDIS providers, which I am not. The Queensland Health Dept has broadened their net to covered literally everybody including the volunteers. It’s very confusing for everybody concerned.
    Eveybody greatly appreciates your efforts and will never be forgotten.

  2. this one is worded slightly better I feel for WA, the other one had me lie about seeking legal advice which I haven’t and put me in danger, a few slight changes helped

    NOTICE OF EMPLOYMENT PARTICULARS
    Request for the Law for Mandated Vaccinations in Employment
    Employer:
    Employee:

    Date
    Dear ,
    This notice is written in concern of a requirement made unto me, to undertake a medical treatment for the Covid-19 virus, as made on the basis that I may contract a disease and infect others thereafter and that the vaccination required of me to safeguard the community from that disease.
    It appears from the notice given, you are claiming to be acting on public health orders issued by the Chief Health Officer of the State which have not accompanied this notice in order to inspect whether such orders are mandating (contracting) and are enforceable and binding on me.
    Enquiries into the Public Health Act 2016 (WA) for which the Act has a provision found at s 162(1) for exemption by reasonable excuse, which is not accommodated for consideration in your notice, providing reasonable grounds for action against you for negligence.
    Your notice purports to be executed by an authorised person, being an entity created and governed by the Corporations Act 2001(Cth) claiming among other things, to impose changes to my employment contract by invoking a mandate that may not have fulfilled the legal process to overcome my constitutional guarantee of Crown law, found at s2(3) Constitution Act 1889 (WA) (s 118 Cth Constitution; Recognition of laws etc. of States) a mandatory prohibition against Acts devoid of the Crown, signature and seal.
    Furthermore, it has been declared by the High Court, in the matter COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA AND ORS V QUEENSLAND RAIL AND ANOR [2015] HCA 11 to whereby the High Court unanimously held that a trading corporation within the meaning of s51(xx) of the Constitution that the relations between a trading corporation and its employees are governed by Commonwealth law and not State law and, therefore, seeking to apply State law to its employees is inconsistent with the Fair Work Act 2009 (Cth).
    The employer/employee relationship (which is private in nature) is governed by the Federal scheme of corporation law as requested by the States in 2001 via s 51(xxxvii), making the State Health directions inoperable by virtue of s 109 of the Constitution by extinguishing legislative power be imposed on the employer upon employees who enters the workplace.
    It is of great concern that I am informed by a variety of government sources, both State and Commonwealth, that the vaccines have not gone through the safeguard trials required of vaccinations generally, and that the vaccines are being rushed through on the basis of an emergency and fail to provide protection from contracting nor spreading the virus and may only be a mechanism to lessen symptoms.

    I have personal friends who have had substantial adverse effects and I am aware the occasional death that occurs immediately to several days thereafter as well. Reports abound that emergency wards of hospitals are treating vaccinated people for the after effects of the vaccines where nurses who are required to have those same vaccines, are refusing and leaving their workplace for fear of the witnessed effects.
    Further, there are reports of ingredients in the makeup of the vaccines that have cause for alarm in that they are known toxins and the studies to ensure the safety of these harmful substances have not been carried out in the push for early release.
    Albeit that said, it is my responsibility as an adult, and for my family that I do not put myself in harm’s way needlessly, and that I am not denied my rights to medical choice and medical privacy. In that sense, I protest the requirement made on me to reveal my medical status on the basis for employment, when I am not under the effects of a disease and cannot be subject to the State’s Quarantine powers which are for want of jurisdiction (employer/employee) as deemed by the High Court.
    Furthermore, it is my considered position that I serve myself, and my family, it’s best if I try to be informed more about an experimental drug with known, and unknown, toxins to safeguard my wellbeing.
    Take Note:
    1. The interference of a medical service upon me of unknown consequences, violates my medical privacy.
    2. I request production of the written law that requires of me to undergo a forced vaccination as a prerequisite of my employment.
    3. I request the production of the written data that proves the vaccine has undergone the clinical trials required of vaccines to prove its safety.
    4. I request that the law for mandated vaccinations be made pursuant to the constitutional guarantee.
    5. I request that the health directions and mandates be proved, for enforcement, that it has been made in the fulfilment of the law that governs this Commonwealth, for which unites and protects us.
    Failure to produce the written law mandating this forced vaccination, within three days of this notice, shall be taken to be unwarranted coercion and workplace harassment and bullying.
    Undertaking the vaccine as a condition to avoid work termination will not release, or absolve, you of the above numbered points and may be deemed a trespass without a written coram judice warrant. (See George v Rockett {1990} HCA 26-170 CLR 106)
    I expressly reserve all my rights.
    By,

    • Hi Rod, Thank you so much! So grateful that you are on our side.
      I received my ‘or else’ letter this morning, so this letter couldn’t have been posted at a better time. I have filled in the blanks and am just about to hit the send button.
      Also could I ask, can this letter be used for people who are on casual employment? And also, my partner has his own chauffeur business, just a small business which entails one car, his jab “orders” have come from On Demand Transport. Would I advise him to send this letter onto them also?
      I have been encouraging others to become a member.
      Thank you 🙂

  3. The QLD letter has a WA Constitution Act reference in the 4th para. Is this supposed to be in the QLD letter?
    Also – What does the Communications, electrical, energy QLD Rail corporation etc have to do with QLD health organisations mandating the jab for job? Could you elaborate how this connects with disability/health services who are obviously corporations but just need to know the comparativeness around the written word which focuses on construction workers etc. Thanks!

  4. Thank you for the letter Rod, you are a true hero and thank you Vangy for the updated WA letter. My mum had an anaphylaxis reaction causing a heart attack back in September, spent 4 days in ICU but passed away. As of today, her death is still under coronal investigation. My employer knows this and this is my reason for not taking the vax, my mum was a healthy 72 year old with no known illness, even her own doctor was interviewed by the state coroner and we are still waiting for completed death certificate. I know it was the vax but the hospital could not say it. I will send this letter in although I know the response will be that I am still stood down as it is fifo requirement to enter a site. Frustrating that no employers would stick up for their workers.

    • File charges under The Criminal Act. Do not let them brush it under the carpet and get an independent enquiry on cause of death if necessary

  5. Thank you Rod,

    I am a volunteer with an emergancy service, at this stage nothing has been said about mandating these vaccinations, but my understanding is they are looking into it.

    I have been a member for eight years, and am hoping and praying that at the start of December 2021 that they wont mandate this vaccine as i don’t want to have it.

    I have two small children and a husband who works away, my children are too small to call for help should anything happen to me because of the vaccination.

    Does your letter stand with voulenteer orginasitions please?
    I don’t want to be forced into taking this so called vaccine or to leave the service that i very much enjoy being a member of.
    Thank you.

  6. Thankyou.
    I am currently with Red Union and I have a month left of working from home until my work wants me back in the office and is demanding vaccination to return. We have been doing risk assessment approach under OH & S and fairwork.They say they are having a battle as courts are pretty much in the pockets of state governments, and they have to direct their funds carefully to cases that are most likely to get somewhere, so they are trying but still looking at all avenues. I think your legal approaches are very good, not that I am a lawyer, and I would very much like to send this letter off to my employers at some stage in my battle with them, so I will try to figure out how soon I do this.
    I have held off becoming a member of a party as I want to give the membership to a party who needs the 1,500 and who I feel very aligned to. So I pricked up my ears when you said you were at 1100. I think yours is most likely the party that I would join.

  7. Rob and team, this is bloody brilliant!! Thanks for all your tireless work – I’ll be sharing this page far and wide!!

  8. Thanks Rod, much appreciated. The NT letter refers to WA Act and CHO of the state (not territory) – perhaps the WA one has been uploaded for NT? Thanks again for all you do!

  9. Nice work Rod
    Stay ever vigilant as I will.
    Your work on the Commonwealth legislation may go down
    as the most important piece of work that many of us will ever see.
    Just for your own interest I emailed the Governor of WA, no response
    Pete – WA

  10. Hi Rod, I have used a number of your arguments in my first and second letter, they are NOT negotiating or replying to my letters, al I have been given is a repeat of the instructions and told termination is a result of non-compliance. This is a big national company. Want to file charges under section 13 lets do this!!, how do I do it?

  11. unfortunately this had no impact to our plight with Qld Health. 20 years as a Nurse and more recently Clinical Nurse Consultant and have to either get the jab or lose the job. the letter didn’t help. 🙁

    • Didnt Ray say you could file a discrimination claim? He mentioned a lot of bodies you could go to with different strategies. I would start with one and work my thru them! Good luck, right is on your side…..

  12. Rod, all the bullshit aside, if I give this to my employer and they fob it off and sack me where do I stand?
    Legally?
    Surely our states lawyers have seen or know about this.
    Are they really just bluffing?

  13. John Nelson.
    Hi Rod, thanks for your work I am downloading this letter for my two sons who are in their mid twenties. One has been given the ultimatum to comply by the seventeenth of December the other who has another employer so far has not. These letters will have a greater impact if large numbers at each workplace decide to take action and use them.
    Having said that it will at least put the ball back into their court and think about possible consequences. The most important thing is do not resign let them terminate your employment.

  14. So from what I’m reading this is all linked up with The Paris Agreement removal of us and take the land.
    They even signed a document allowing UN troops to operate on this soil
    We MUST HOLD THE LINE as you can see some of the politicians are sounding nuts we must meet the at every turn we can win this.

  15. Thank you so much! Hope you will be letting us know how to join the fun in the Broome court proceedings assuming our employers don’t come to their senses.

  16. Thankyou I was up all night writing one to my employer you just topped it . Thank you and God Bless you and your family.

    • Hello,

      Since I’m a Registered Nurse in a private hospital which is following Qld Health mandates, do you think I could submit this?

      I’ve already had to capitulate to the first dose of Astra Zeneca, two weeks ago 😢.. Haven’t felt well since. The first day I had all over body aches and muscle soreness, and intense headache. The following day had massive stomach pains and diarrhoea +++ all day. Since then, chronic headache that won’t go away😢.. It’s not fair.. I have seen serious side effects, first hand .. I don’t won’t the second jab, I don’t want to lose my job and my house, plus I have dependent children 😢
      These drugs, being experimental, should NOT be mandatory.. I’d rather get the virus, do what the Armish did. 😢

      • It is a sad shame what our country has become. Being a nurse could you set up a private well being service of your own and have those who are awake to what is going on as your clients? You could register it on RDA Reignite Democratic Australia which allows people who are not discriminating to list their services. It’s something that could be done online also. There must be good advise you can offer that we all need. 🙂

        I’ve thought of that avenue if I was a nurse.

  17. Hi Rod,
    I am a business owner and I don’t want the vaccination nor do I want to force my workers into having the vaccination. Being the emplyer myself do I need a modified letter or where do I stand as the letter refers to worker /employer relations .
    Thank you for your efforts to tell the truth.
    Helen

  18. Hi Rod,
    Thank you for your efforts for this very informative letter. Is there anything similar for business owners to put forward to their respective landlords if the business owner leases the premises? I ask this question as to the rights of the tenant ( business owner) .
    Your feedback would be greatly appreciated
    Roy Grant

  19. I have gone through the entire Conditional Acceptance correspondance with my employer, I am now up to the Affidavit section and will soon be serving the company
    The company has DEFAULTED on ALL 3 notices to date and have now gone SILENT
    From what I understand this has placed me in a good position to sue for Breach of Contract
    I havent worked since Oct 15th (when the company implemented mandated vaccinations)
    I have letters from the company STATING, the CHO is NOT MANDATING VACCINATIONS, but on other hand my company is STATING, refusing to comply to a LAWFUL DIRECTION could result in TERMINATION
    My wife is 16 weeks pregnant (our 3rd attempt since the beginning of this plandemic) via IVF and is classified as HIGH RISK, and my job comes with a supplied house
    If I am terminated I loose EVERYTHING.
    This obviously has placed an enormous amount of pressure on us but I CANNOT bring myself to be JABBED considering all the propaganda that is occurring and how hard it is to simply HAVE A LIFE now
    Rod Ive been following you for sometime now and your stance gives me hope
    My fear is I/We are running out of time
    I have meeting with Snr Mgmt on 10th Dec to discuss my stance, with a response from this team on 17th Dec as to weather of not I have a job/house
    My position on this is now moving towards anger and hate towards the company I work for and I will fight to the bitter end
    I only hope my Wife understands what Im fighting for and can withstand the cause
    Keep up the great work Rodders, luv ya work

    • Also you have a ‘legitimate reason not be vaccinated‘ (a phrase taken from fair work ombudsman) which does not require an exemption-that being consent is required to be part of a drug ‘trial’. the products are not fully approved and are ‘provisional‘. Consent is also not able to be obtained validly because Doctors are not allowed to communicate all the risks and downsides of the product-they risk loosing their job (evidence the Letter from regulators) This might help protect you from being taken to court as they will need to provide the evidence that you don’t have a legitimate reason not to be vaccinated. Hope this helps. Good luck

  20. The letter states corporations are governed by federal law. What about school teachers? Education is governed by the states so my employer would argue that they are governed by state law not federal law? Though I would assume all places of employment must still operate in line with the constitution?

  21. Despite the outcome so far – I want to thank you Rod for being there for us. You are a true legend, scholar and great aussie bloke!

    Had an appointment with HR today – mining sector WA where company is not mandating densely populated Kwinana but is mandating sparsely populated site just outside metro area.

    Employer paid no heed to the letter, as expected, clearly we are experiencing a corporate coup over the federation declarations. Have been told last day is Tuesday 30th Nov, cannot attend site after that. Have copies of everything submitted, nothing in writing from them yet.

    Was told what I presented was for the government not my employer.

    They are playing a circular game.
    Govt = your employer is mandating it on safety grounds
    Employer = nothing to do with me go talk to the government *door slam* left standing outside wondering how the f%$k we got here! OK it’s obvious how – apathy – but still it’s been a whirlwind 18 months – they have acted with deft precision and strategical psychological warfare. They knew/know EXACTLY what they are doing, they’re adept at their game, it’s an age old playbook, sadly.

    PS Immediate managers were quite prepared to allow a work from home arrangement – upper management couldn’t stomp its boot on that one fast enough – funnily enough only via a generated email from a no limb no brain dead soul entity. The Zombie Apocalypse is upon us.

  22. Hi Rod, the NT one quotes acts from WA.
    Also are these still valid to send to am employer, seen as our mandates are already in place and have been passed?

    • The mandates are in contravention to the federal law. State law (ie PHO’s and mandates) cannot supersede federal law as per the High Court of Australia ruling. All lower courts must follow the case law set by the High Court.

  23. Thank you Rod, much appreciated.
    I have already sent similar letters and the comeback is as above, “it’s not us we’re only doing what the government is asking us to do, you need to sort it out with the government”.

    I will send this document to them as well and see the outcome.

    Thank you,

    iKo

  24. Hi Rod, I’m an IGA owner and intend to tailor the letter to be from franchisee to franchisor. I am upholding my rights and those of my staff and customers.

  25. Thank you Rod,
    Are you looking to draw up something similar to hand to our school albeit primary or other? As I hear schools will be vaccinating kids sooner rather than later?

  26. Hi Rod,
    I sent your letter yesterday and got a long winded response this afternoon. Is there an email I can send it to you?
    I’m with a NGO employs about 350 people. Many are resigning.
    Thanks Kris

  27. Thanks so much for your efforts and support Rod, shits getting real now and hopefully we will this ludicrous war against the corrupt.
    If there’s an opportunity for you to do a follow up vid, highlighting the next step if we still get sacked,I think it would be greatly appreciated by all that are in this position.
    Again thank you so much for the extra efforts you’ve gone to.
    Cheers
    Paul and family

  28. This is excellent Rod, but can you please provide the full process for people… i.e. how do you follow up on this letter?

    Does the letter get addressed to the Company or the CEO?
    Regards,
    Mick

  29. I have provided my letter to my employer today after being served 2 x compliance letters from them. Waiting for response now. Thanks again GAP for your support & info. The good work you done sticking up for the WA farmers who was about to loose their farm won my vote!

  30. Got my reply from Norther Star HR today and they didn’t address anything in the letter, only stating their Covid policy and failure to comply will result in disciplinary action and possible termination of employment. So what’s the next step? Kinda need some directions here.

  31. Thanks for your efforts, I received a rather curt and brief response I think from a legal mind!
    Work’s RESPONSE:
    “Our approach in this matter is consistent with our obligations under the
    relevant laws and the terms of your employment contract. I do not believe it is productive
    to engage in a protracted debate about the constitutional validity of public health orders or
    the safety of vaccines that the Therapeutic Goods Administration has decided are safe and
    effective for use in Australia. The issue essentially concerns your ability or willingness to
    perform your obligations under the employment contract. Accordingly, we are not prepared
    to meet your demand to provide copies of ‘the written law’ or correspond about matters
    unrelated to your employment.
    I strongly encourage you to consider providing a further response before the deadline of 30
    November 2021, which deals more directly with the points in my letter to you of 22
    November. Otherwise, I will need to make a decision based on the information you have
    provided to date.”
    Any advice is appreciated.

  32. Hi Rod, Could you comment and explore what impact the WHS laws have on these mandates, as they have an international treaty, and many employers are breaching them. We are one of many employees who are under a direct mandate from the company, not the CHO… this means the letter needs a tweak… has that come up yet? We are bein g told the comopanies are being threatened with fines of $90,000 per employee plus from worksafe if they are non compliant with covid safe measures, and it is cheaper for them to terminate the staff… yet it is not the ONLY way to stop the spread of covid… any thoughts would be great.

  33. Hi,

    This is great! I really hope it works for people!🤞🏽🤞🏽
    I was wondering if the wording was changed from employment to something to do with providing proof of vaccinations to venues if that would work too?? Or is there a legislation that actually mandates that proof? Or maybe if there was there’s an overruling one?

    Great work in doing this for the people 💕

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