The HAIG REPORT: the EVIDENCE

Clayton UTZ:
Incompetent LAW FIRM, NATIONWIDE.
Use them at your peril.

* Webletter dated 8th January, 2007 re FIRST Woolworths ATTACK and unlawful Disability discrimination.
* my_PSP email_to_Woolworths_dated_8th January, 2007 advising of web-letter URL
* WOOLWORTHS ACKNOWLEDGEMENT of email of 8th January,2007.
* WebReport dated 27th October, 2007 re SECOND Woolworths ATTACK and unlawful Disability discrimination.
* my_PSP email_to_Woolworths_dated_27th October, 2007 advising of web-letter URL
* WOOLWORTHS ACKNOWLEDGEMENT of email of 27th October, 2007.
* Email thread start 1st November, 2007, of Russell Mathews and Woolworths
* Woolworths email of 2nd November, 2007 requesting repeat advice of URL.
* Reference to earlier ATTACK by Woolworths.
* Our LEGAL ASSESSMENT of the INCOMPETENT CLAYTON UTZ REPORT.
* The INCOMPETENT CLAYTON UTZ REPORT

With the irrefutable DOCUMENTED proof which we will adduce on these pages, we will show that  the NATIONAL LAW FIRM of CLAYTON UTZ, is incompetent, NATIONWIDE.   This is especially so with regard to HR [Human Rights, Disability and Discrimination] law.  This is the inevitable conclusion based upon the document prepared by Clayton Utz, under the partner auspices of the "National HR partner" Joseph Catanziriti.  In that report he repeatedly condones serious acts of Disability Discrimination. So whose selection of tune is this piper playing?

The CLAYTON UTZ report to which we refer, is online at http://HaigReport.com/20080514ClaytonutzreWoolworthsDDAclaimdocument2008-05-14-144821.pdf /. The Partner responsible for this incompetent report is J J Catanzariti,
Joseph Catanzariti. His email: is mailto:jcatanzariti@claytonutz.com /.  The Senior associate mentioned on the report is Millen Lo with Email: mailto:mlo@claytonutz.com /.   The report is incompetent, absolutely, therefore, the partner responsponsible for the incompetent report, Joseph (J J) Catanzariti, is incompetent. 

On the last page of that report, is stated that Catanzariti fills the roll of "National HR Partner".  Thus the incompetence is Nationwide.  For him to be incompetent and for the Law firm Clayton UTZ to be incompetent, it is not necessary that every act and every statement of all or any partner is incompetent.  It is only necessary to show that some conduct or statement of one or more partners is incompetent.  We shall show by reference to this report, where some gross errors IN THE REPORT lie.   Woolworths should not be paying Clayton Utz for this incompetent report.   I have "standing" as I am a shareholder of Woolworths Limited.  This could be a worthy subject for Woolworths' AGM.

Clearly, this incompetent putz from Clayton Utz, thinks he can produce a statement of the character of a "court pleading", which has no relevance to evidence, and cannot be the substance of perjury.   This is standard practice for the corrupt legal "profession".

Of course, "
Catanzariti putz" from Clayton Utz, will have difficulty in his inevitable attempt to counter my proof of his incompetent, or worse, corrupt report.  HE IS NOT AT LIBERTY TO SAY WHAT ADVICE WOOLWORTHS GAVE HIM.  There is this other matter behind which the legal profession takes shelter;  Legal Professional Privilege [LPP].  Lawyers think they can hide behind LPP. Lawyers think they can conspire with criminals and all will be kept secret by LPP.  Of course, retired High Court Judge Ian Callinan discovered what happens when one's client enters receivership, as in the case of George Herscu's Caboolture Park Shopping Centre, and the three million dollar wasted costs order against another legal firm, Flower and Hart, resulting from Callinan's improper advice.  LPP is also termed "Client Privilege".   That puts it in perspective.  "Catanzariti putz" cannot state anything about the advice, documents or instructions he received from Woolworths Limited.  The privilege remains with Woolworths.  I suspect that Woolworths would not state that they had provided only limited, and inadequate information to the Clayton Utz putz.   

The objective documentary proof that I have are email communications with Woolworths. 
Woolworths use a PHP email form for customer "feedback".  Quite properly,  Woolworths acknowledges communications and reflects the original message.  This I have.  The originals are on a Google server in the US.  I am unable to edit the originals on the Google server.   Importantly, Woolworths has all this information, too.   The likelihood is that this was provided to the Utz putz but he was too lazy or incompetent to even assess the information he had before him.

Importantly,
Woolworths have the identical information to that on the documents I produce here.   Clearly, the Utz putz did not even bother to assess the information on the documents that Woolworths provided to him.
<<<<<<<<<<<<<<<<<<<<<<==================>>>>>>>>>>>>>>>>>>>>>>>>
The causal incident occurred on 27th October, 2007.  It was an attack upon a disabled man by Ms Pauline Mann, an employee of Woolworths Limited, working at the Buranda Store of Woolworths.   The attack was upon our principal, Russell Mathews, when he entered the store with his two wee assistance dogs. Russell has  multiple disabilities, and has a number of "Special Needs" resulting from those disabilities.The causal incident occurred on 27th October, 2007.  It was an attack upon a disabled man by Ms Pauline Mann, [pictured at left] an employee of Woolworths Limited, "working" at the Buranda Store of Woolworths.   The attack was upon our principal, Russell Mathews, when he entered the store with his two wee assistance dogs. Russell has  multiple disabilities, and has a number of "Special Needs" resulting from those disabilities.  His basic disabilities or reasons for the Special Needs, are not readily apparent, but are very much objectively provable.  Fortuitously, Russell is fully trained to be a lawyer, with an LLB, and is presently undertaking his PhD. He has experience in all courts from the Queensland Magistrates Courts to the High Court of Australia, and all courts in between. His greatest success in Law to date has been his unanimous win in the Queensland Court of Appeal.  Being disabled, Russell has a detailed understanding of the Disability Discrimination Act 1992 [DDA].

The practice of disability law is much further advanced in the US.  It seems that, in Australia, people put in a position to "control access to premises", see a disabled person with an assistance dog as a "challenge" to them to be able to"prove" that other people "cannot put one over on them".  

Contrary to what the Clayton Utz putz states, it is not reasonable to continually challenge a disabled person with an assistance animal, in an attempt to justify refusing that disabled person, access to premises.  In fact, the present stance of
Woolworths and Clayton Utz in pursuing this matter, against the publicly available information, is further disability discrimination.

There is a big problem for the "keeper of premises".   If a person with a dog appears, there are two possibilities with regard to disability:  the person is either disabled or not disabled.  If the person states he is not disabled, the animal is not therefore his assistance animal. [There is the situation where an assistance dog in training is with a trainer and not a disabled person but still it is disability discrimination to refuse the person with the dog, entry to premises.]

It could be said, that it is reasonable for the controller of access, to ensure that  a person with a dog, does not enter when they are lying, that they are disabled and the dog is an assistance dog.   If the controller of access pursues that line when the person is in fact disabled and the dog is an assistance dog,  then that is plain and simple disability discrimination. 

If the controller of access, continues with attempting to prove that the animal is not an assistance animal, after being told by the person that he is disabled and the animal is an assistance animal, they do not just run the risk of discriminating against a disabled person. THEY ARE ALREADY DISCRIMINATING AGAINST A DISABLED PERSON. There is no justification.

In the US, this situation has evolved to the present accepted practice.  Only two questions are asked, if the information is not volunteered:  "Are you disabled?"  "Is this your assistance dog/s?"  If the answer is affirmative in both cases, the person is permitted access.   Depending on the truth of those answers, the keeper of premises, risks the alternatives: permitting an unauthorised person entry with the more probable risk of discriminating against a disabled person.

So much for this "woman" Ms Pauline Mann.  Her ability and training by
Woolworths seems very much deficient. 

However, although I am not required to supply that information then or at all, I had provided that information, PUBLICLY, via my website.  ADDITIONAL TO THAT, AGAIN, ALTHOUGH I AM NOT REQUIRED BY LAW OR PRACTICE TO DO SO, I HAD SPECIFICALLY ADVISED  WOOLWORTHS OF THE EXISTENCE OF THAT INFORMATION much earlier in 2007, on 8th January, 2007.    There is no excuse for Woolworths. 

I will now specifically counter the points in the Clayton Utz, Joseph Catanziriti putz, Report for Woolworths .  This should be unnecessary, as my case is so clear.  However, if I do not specifically counter each point, some rogues will try to claim that I agree with them.   The objective documented evidence clearly counters each substantive point he raises.

Complete annihilation of the "argument" in the Clayton UTZ per Joseph Catanziriti, Report:

Para 2:  The Complaint
Woolworths is familiar with the detail of my complaint per our communications and the parts of my website  [
I have made a complaint to HREOC.  The complaint is at
http://HaigReport.com/woolworthsattackdiscriminateagainstdisabledcallpolice.html
] referenced in those communcations. see http://HaigReport.com/20071031WOWfeedbackGmail-REWoolworthsLimitedFeedbackEdited.html /.

Para2.3:
Although I am not required to give Woolworths details of my disability, [and it is discrimination on their part to attempt to elicit that from me and to then contemplate if I am sufficiently disabled: ie for them to be a Star Chamber, and ARGUE WITH ME AS TO MY DISABILITY], I have given all that information publicly on my website. I have also advised the way in which my assistance dogs alleviate the effects of my multiple disabilities, with THIRD PARTY EXPERT EVIDENCE. That is a PUBLIC NOTICEAdditionally, I have drawn their attention to it, and they have acknowledged that advice and repeated the advice that I had given them.  Woolworths had that advice and so their AGENT CANNOT CLAIM NOT TO ALSO HAVE IT, AS THEIR AGENT IS DEEMED TO HAVE IT.  Clearly, the Clayton Utz putz is prevented from commenting in the negative by "CLIENT PRIVILEGE". 

Additionally, I cannot be expected to continue to give them that advice, neither every day,  every week, every month or every year or on any basis.  I have a PERMANENT DISABILITY.  That is obvious from its very nature.  Woolworths are required to act on that advice. They have not.  It is not my job to give that advice to every Woolworths employee.   That is the responsibility of Woolworths.  To assist Woolworths, I had requested Woolworths to give me a Document recognising my rights within their store, and produced a pro-forma with explanation that I was NOT requesting PERMISSION as the right was given me by the DDA.  I was merely asking them for RECOGNITION IN WRITING OF MY LEGAL RIGHTS. That would have been the civil and responsible [and smart, for Woolworths management] manner for Woolworths to act. Had Woolworths acceded to my request, this whole problem caused by Ms Pauline Mann's ignorance and poor training, would hve been averted.  Heads should now roll at Woolworths Limited. 

Para. 3:  RESPONSE
3.1

The date of the attack was definitely 27th October, 2007. as shown in the copy of my complaint to Woolworths as was reflected to me on 31st October, 2007. As stated elsewhere, the original of that is on the Gmail Server of Google in the US, and CANNOT BE EDITED BY ME.  The confusion by the Clayton Utz goose, could be due to any myriad of reasons.  It is worthless my guessing.

I have already stated elsewhere the exchange that occurred on the 27th October, 2007

Para3.1(e)  re alleged 10 to 20 photos.
This has to suggest what a goose the Clayton Utz putz really is.  You see, digital photos are automatically numbered by the camera.   Only I can PROVE the actual number of photos.  [It was not 10 to 20.]  This just adds to the stature of the report as incompetence and wild exaggeration.   That was a NO WIN allegation for the Utz Putz to make.  

Now I am aware that Woolworths has tried to say that I was not refused entry for having assistance dogs but for my taking photos.  Well, I refer all and sundry to:

DDA Section 10
Act done because of disability and for other reason
If:
(a) an act is done for 2 or more reasons; and
(b) one of the reasons is the disability of a person (whether or not it is the dominant or a substantial reason for doing the act);  then, for the purposes of this Act, the act is taken to be done for that reason.

Now, my disability was definitely on the agenda at that time due to my assistance dogs who alleviate the effects of my disabitity.  For what reason was Ms Pauline Mann asking me for a certficate "authorising" my having assistance dogs.  As I was entering the store with my assistance dogs, Ms Pauline Mann was yelling at me, not to "enter with those dogs".

Para. 3.2
Woolworths already had more clarification from me than they are permitted to require from me, in both my website and my directing them to it.  It was clear discrimination for Woolworths to persist after I had given them more information than I am required to give, and when they had failed to provide me with the requested written recognition of my legal rights per the DDA, so I could show their staff if Woolworths had, in fact, not properly advised their staff, or the staff had not taken the full advantage of the "training" re disability, that they receive.

Para 3.3 & 3.4
I have been precluded from entering Woolworths store.  I was refused entry on that day.  I did nothing illegal, even if I had not provided my website informaton and my direction to Woolworths to it.  I did far more than I am required to do.   Woolworths has been extremely derelict.  That has resulted in discrimination of me by Woolworths.   I did nothing illegal, yet this precious darling, Ms Pauline Mann called the police to me.  The police then threatened me with being charged with committing a "public nuisance".  "Public nuisance" is yet another way for the Corrupt Queensland labor government and corrupt police force to assist criminals against the innocent people who criminals attempt to defraud.  It is a pernicious implement for the corrupt QueEnsland Police force.

 Para 4: 4.1 to 4.4
Clearly, if Woolworths does in fact "fully train and induct all staff" and if all "employees and contractors are required to undergo training on Woolworths' anti-discrimination and equal opportunities policies and procedures", then clearly it is totally ineffective, on the example of Ms Pauline Mann on the occasion of 27 Octoberr, 2007 when she ATTACKED and discriminated against Russell Mathews.

Woolworths is not honouring its obligation to ensure that all staff are familiar with the Anti-discrimination statutes.   If, as appears the case, the Woolworths staff are lacking the motivation to learn the material made available to them,  Woolworths has failed in its obligation.  It is the responsibility of Woolworths to not employ staff who cannot implement the conduct required by the Anti-discrimination statutes.

It is not enough for Woolworths to just conduct the training, if their employee takes no notice of it, or as probably in the case of MsPauline Mann, is too dumb to even understand it.   Woolworths is responsible to ensure that all employees understand the training and are proficient to implement the policies of Woolworths.  All responsible staff must be EXAMINED on their knowledge of Woolworths policies, or Woolworths policies are WORTHLESS and a con on our society.
 
Woolworths should have had in place a procedure to "pick up the pieces" when an employee acts so inappropriately as here in the case of Ms Pauline Mann.   It is most inappropriate for Woolworths to continue the attack, discrimination and fraud initiated upon Russell Mathews by this dummy Ms Pauline Mann.   This they are doing by contracting Joseph Catanziriti of Clayton Utz to so incompetently, continue this attack upon Russell Mathews.

When Russell Mathews was provided with this Clayton Utz incompetence by HREOC, he was asked, by HREOC,
 
"Please also provide an outline of how you consider that this matter may be resolved."


Russell responds that he has already provided an indication of a partial remedy in his original Online complaint dated 27 October,2007, on this website at http://HaigReport.com/woolworthsattackdiscriminateagainstdisabledcallpolice.html#The_resolution_I_propose /.   Clearly, Woolworths is in need of such a training program. 

Additional to that, Russell advises that he requires monetary compensation for the original attack upon him by Ms Pauine Mann, plus compensation for the humilitiation and embarrassment of her reporting Russell to police and all the time and effort Russell  and others have had to devote to answering Woolworths' attempted "defence" with the incompetent Clayton Utz report prepared by the incompetent Joseph [the 'putz'] of Clayton Utz.  Russell advises that he also requires manyfold those damages in punitive damages.

WOOLWORTHS via
Ms Pauline Mann,
[see the bully parasite's photo below] ATTACK and DISCRIMINATE AGAINST DISABLED MAN and she CALLs POLICE::   WITH PHOTOS
on 27th October, 2007
.

Woolworths, IGNORED our web-letter of 8th January, this year, 2007.  We now OPEN it to public scrutiny [on 25 Nov.2007].

Importantly, WOOLWORTHS [Woolworths], do not release their email address but rely upon a PHP Contact form. Fortuitously, Woolworths respond to one's PHP contact message with an acknowledgement and reflection of the sent message.  This proves Woolworths received my advice, and the precise nature of that advice.  That produces a conclusive case against WOOLWORTHS, in its own right and vicariously for
Ms Pauline Mann.
   

Inserted in this "communications to Woolworths" 20071027
The purpose of this page is to make complaint to the HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION [HREOC], about the Queensland Police Service [QPS], and about
WOOLWORTHS [Woolworths]
and also a complaint to Woolworths.   [I would  have just sent an email complaint to HREOC  and Woolworths but, although I have an email address for complaints to HREOC, I do not have an email address for Woolworths, or QPS, just a php email form for Woolworths.   So Woolworths can have this exposure, and I will send a reference to the URL on their php form, or maybe I will just leave it up online, so someone else can alert them to it.  If Woolworths expedite resolution of this matter, I may be able to publish those resolution details too.

I am a shareholder of Woolworths.  Immediately below, is a line from my E*Trade Portfolio Screen [I have a Major in Business Finance in my BCom.]

Trade

Woolworths

700

17.190

18/11/05

32.910

0.410

1.26

 11,004.00 

91.45

 23,037.00 


I am placing this complaint online as I believe I have been subjected to this humilitation and cost as a consequence of POOR MANAGEMENT, at Woolworths.   Maybe Woolworths and I can have this resolved BEFORE HREOC call a compulsory conference with Woolworths.  My site and pages come very high in Google searches, I am pleased to say.  This gives my Site the affect of my having my very own newspaper, or current affairs show. I am also the Editor of the Australian Disability Law Journal  [ADLJ]      ISSN  1835-9609 /.  The chances are that you came to this site  from a google search or the referral from someone who found this page with a google search.  


I will relate below, on this page, the incident that occurred  today 20071027  about 1045aest at the Buranda Store of Woolworths, but first, I will suggest some important matters.
[STOP PRESS:As of 20080514, I have just discovered the name of this Woolworths' incompetent parasite and bully.  She is Ms Pauline Mann.  Ms Pauline Mann is a Woolworths' incompetent parasite and bully.]

Ms Pauline Mann is a Woolworths' incompetent parasite and bully.Attacker of, and discriminator against, disabled man.The Staff of Woolworths are ignorant of the consequences of the Disability Discrimination Act 1992 (Cth) [DDA]. 

I obtained my first Assistance Dog named Pyosik [or Pyos for short] on 12 November, 2002 as a 12 week old pup.
It has been obvious to me for a long time, since then in fact, that ignorance of the impact of the DDA is widespread in the Australia community.  Many people, including many lawyers who read it, misinterpret it.   
The interaction since then of myself with Pyosik, has been wonderful for me.   I have advertised to the world that I am disabled.  I have also advertised to the world that I have assistance dogs.  People cannot know that they should treat me in special way as determined by the DDA, if they do not know of my disabilities.  I wish I did not have to bear my soul to the world, but, what are my options.  The DDA has been in effect for approximately 15 years, but still so many are ignorant of the import of it.  The Recent case of
Forest v Queensland Health with decision given the Federal Court in Brisbane by Collier J, on 22 June, 2007 online at AustLii at Forest v Queensland Health, [free online at AustLii] exemplifies this.

I have done my part by advertising the relevant matters about my being disabled and my having assistance dogs.  Because so many are ignorant of the impact of the DDA, I am still attacked and discriminated against.  I have even published the relevant law on the matters, so people do not have to go and find it themselves.  That still is not effective.  They need someone to DRUM  it into them.

I do not for a moment believe that I am the only peson who is attacked like this.  I have concluded that most disabled people suffer immense discrimination and bullying, but they have to just accept it as they cannot fight back.  I can assure you that it is very difficult and stressful, having to resist bullying.  I believe the majority of disabled people just take the bullying and go away to where they will not be bullied.  This accounts for much of the homelessness in Australia.  The impoverished state of a large proportion of indigenous Australians, can be traced back to the same type of bullying.

The resolution I propose.
I am disabled. I have had experience in my own Accounting and Tax practice, for over a decade, dealing with clients.  I have been a full time High School Teacher in mainly Mathematics.  I have tutored Full time in Accounting and Commerce at James Cook University in Townsville.  I have trained to be a lawyer with an LLB.  Being disabled and having an LLB, I have a special interest in, and understanding of, the DDA.

I suggest that Woolworths seriously consider having me employed/contracted to train Senior Woolworths staff, Australia wide, in the ramifications of the DDA, and the Federal Court case
Forest v Queensland Health.  This is all Commonwealth Legislation so is consistent across Australia.
 
THE ATTACK UPON ME BY WOOLWORTHS.

That woman in the above photo, attacked me this morning at precisely 1045aest [the time recorded on that photo], at the Buranda Store of Woolworths.  I told her the detail of my disability and referred her to my website, as I have done here above.  The know-all knew it all, she knew the law, chapter and verse; [maybe her LLB is more recent than mine, but if she has an LLB, what is she doing serving behind a counter], and that I needed to have a "letter" stating the legal situation, and "authorising" my having assistance dogs .  [If I had it in writing, - a barristers opinion, or even just the decision in Forest v Queensland Health, - would she understand it?]  She was, this morning and always will be a know nothing no-body  The letter she demanded is not required by the DDA. It is impossible to deal with morons when the little darlings get something in their heads, which they think is an "idea", Woolworths.  My website is also not required, but I provide it to simplify the process and to assist other people obey the law.  It is far more than I am required to do.

Because I intended to make a complaint to the HREOC, I took her photo, as above, for evidence.  Again she "knew it all" and that I was not entitled to take her photo without her permission, she reckoned.  I guess that sounds good to a moron, but it is simply not the law, especially when I am taking the photo for evidence purposes, to conclusively identify her to HREOC, Woolworths, and the Australian Community. When I took her photo it was as her being a part of Woolworths.  She apparently thought she could be outraged.  She rang the police and told me she would sue me for taking her photo.  Any solicitor would be had up for malpractice for taking her money to sue me for taking her photo as a part of Woolworths harassment of, and discrimination against of me.

THE ATTACK UPON ME BY Qld Police Service [QPS]

I was accosted outside in Ipswich Road when I was going about my business, by a Snr Constable Paul Andrews, solely because I am disabled.  He wasted my time. I had done nothing wrong.  After wasting half an hour of my time, he advised that Woolworths had banned me from their store.   I wonder if that means all stores.   He told me that were I to take more photos in Woolworths, I would be committing an offence, of Public Nuisance.  He has by that, made a legal action, illegal.  Police really think they are powerful when they can harass and discriminate against disabled people.

My website [this website
HAIG REPORT HaigReport.com/] is in effect a "PUBLIC NOTICE".  It declares that I am disabled.  By law, then, people, as specified in the DDA, must treat me in accord with the DDA.  For the QPS, I can prove that they have in fact been viewing this website.  I have documented proof.  Their IP addresses are 164.112.0.0 - 164.112.255.255 /.   With a newspaper "Public Notice", it can be only presumed that it has been noted. With websites on the internet, that also applies, but it can more readily be proven that a particular person, or a person at a particular machine, has accessed the site.




with full URL ie http://haigreport.com/ ie for alert letters
OPEN LETTER [20061218] Sir Llew Edwards, Chancelor, University of Queensland re St Johns College.


There is much CORRUPTION in Australia but the majority of it is concealed. THIS HAS MAJOR CONSEQUENCES FOR AUSTRALIA POLICICALLY ON the WORLD STAGE. Australia attempts to pontificate from the HIGH MORAL GROUND and be the BULLY OF THE PACIFIC”. America [USA – Bush] is attempting to diminish its INTERNATIONAL crimes by seeming to associate with a densizen of the “high moral ground” [Australia], whereas in fact, AUSTRALIA IS RIFE WITH CORRUPTION. The hidden corruption is spread across layers of government, [elected and “public service”], POLICE, [Queensland and Federal], the judiciary, legal profession, EDUCATION, UNIVERSITIES and business. It occurs in many dimensions. Much of the corruption is for the “cover-up” of incompetence, and other corruption. Some members of my “family” have gained some “inspiration” from some of this corruption, utilising corruption in the legal profession and judiciary.          
The www is the ideal medium to present The EVIDENCE of this corruption when that evidence is documented and the statements of others where those statements are public records. I WILL PUBLISH THE FACTUAL EVIDENCE HERE. My purpose with this site is to assemble that evidence and the logical linkage for the UNCHALLENGABLE CONCLUSION. I have special skills in this respect. I am first and foremost a MATHEMATICIAN with maths majors in my BSc and BA. As well, I am fully trained to be admitted as a lawyer. I have practical experience in many courts over many years and as an accountant and tax agent.



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