aFA to FR No Consent

From 

Australian Firefighters Alliance 

To: 

Paul Baxter 

Commissioner 

State Headquarters Fire and Rescue NSW 

1 Amarina Ave 

Greenacre  

NSW 2190 

7^th March 2022 

NOTICE OF NON-CONSENT AND CONSCIENTIOUS OBJECTION 

This Notice is defined in LexisNexis Concise Australian Legal Dictionary as an “Actual Notice” and there amounts to a legal contract. 

“Without Prejudice” 

Dear Commissioner Baxter, 

Fire and Rescue New South Wales is a Government Department, bound by International Laws, which state (in part) that “Government CANNOT force performance”. To do so is illegal under International Laws, and would constitute slavery, which is forever banned.  

• We refer to NSW Government Department of Premier and Cabinet Circular C2021-16. 

•  We also refer to FRNSW Covid-19 Vaccination Requirements Policy version 02 – 3 December 2021 (The Policy). 
• We also refer to the “Vaccination Update Guidelines from the NSW Department of Premier and Cabinet” email from 3^rd September, 2021. 
• We also refer to “Public Health Orders – Important information about your responsibilities” email from 7^th September 2021 
• We also refer to “Clarification on mask wearing in an office building in compliance with Public Health Order” email from 22^nd October 2021. 
• We also refer to “Requirement to record COVID-19 vaccination status in ESS” email from 27^th October 2021. 

• We also refer to “Mandatory COVID-19 Vaccinations – Update” email from 3^rd November 2021. 
• We also refer to “Mandatory Covid-19 vaccination policy” email from the Covid-IMT on 9^th November 2021 
• We also refer to “COVID-19 Vaccinations Information Session” email from 1^st December 2021. 
• We also refer to “State Health and Safety Committee meets to discuss COVID-19 vaccination risk assessment” email from 3^rd December 2021 and the subsequent “same day” recall of this message by the Covid IMT. 
• We also refer to “Request for Risk Assessment on Covid-19 Vaccines” email response from 8^th December 2021 

• We also refer to “Emerging evidence for increased risk for acute coronary syndrome and endothelial inflammation” email on 10^th December 2021 and response from Covid IMT on 16^th December 2021. 
• We also refer to “Non-Compliance Letter – COVID-19 Vaccination Requirements Policy” email from 23^rd December 2021. 
• We also refer to “Dispute resolution” response email from 30^th December 2021 
• We also refer to “Fact sheet alternate TGA approved vaccine” email from 11^th January 2022. 
• We also refer to “For Your Urgent Attention: FRNSW COVID-19 Vaccination Requirements Policy” email from 10^th February, 2022. 

We, The Australian Firefighters Alliance claim that our members are sovereign living men and living women. WE CLAIM that each of our members is a Natural Person Under Common Law and WE CLAIM their inalienable rights.  

WE CLAIM THAT our members have worked as firefighters within FRNSW for various lengths of time. WE CLAIM THAT they hold different ranks within FRNSW. 

 WE CLAIM THAT as Firefighters: 

1.  They have been trained in recognising and assessing the various risks and hazards associated with many toxic and dangerous substances including biological and radiological hazards that they encounter in the course of their operational work roles. 

2. They are trained to seek a basic understanding of safety data in order to combat the incident.  

3. They are trained and able to combine this information and understanding with the necessary information on TWA’s, STEL’s, Carcinogenic, Vascular, Neurological and Respiratory risks and Toxicity in order to maintain the highest level of safety for themselves and those around them. 

WE CLAIM THAT as sovereign men and women, their rights to ensure that all information and data concerning these TGA provisionally authorised vaccines are made known to them so that any decision they make has INFORMED and VALID CONSENT.  

WE CLAIM THAT all components and elements in this NOTICE are true and correct. 

In order for our members to fully understand the legal obligations in this matter and for them to provide INFORMED CONSENT and VALID CONSENT,  

WE DEMAND Further and Better Particulars including all evidence, but not limited to any Law Document, Written Statutes, Written Statute Clauses, Acts, Legislation, all written and email evidence, Audio evidence, Video evidence and Photographs, in point form by way of Statutory Declaration, which evidence and proves the following:  

1. The Fire and Rescue NSW Covid-19 SARS CoV2 Risk Assessments specific to each of our members workplaces, including all premises and Government Facilities where any Officer and Staff member may enter, pertinent to our members for all places of work and interaction as firefighters within the working parameters and definitions within FRNSW. 

2. The FRNSW Covid-19 SARS CoV2 Risk Assessments specific to each firefighter and Staff member entering and working in FRNSW premises, or Government Facility. 

3. Studies completed, and results, for all Risk Assessment(s) for all Covid-19 vaccines. 

4. Irrefutable evidence and written evidence of the approved legal status of all COVID-19 vaccines, their trial status and trial end date. 

5. Irrefutable evidence and written evidence of the TGA approval of the vaccinations after they have fully reviewed the trial studies. 

6. Irrefutable proof that the vaccines have been fully and independently and rigorously tested against control groups and the subsequent outcomes of these tests. 

7. Full list of ingredients from the vaccine manufacturers including testing results for carcinogenicity, toxicology and effects on reproductive organs  

8. Irrefutable evidence and written evidence that FRNSW can legally and lawfully mandate vaccinations for FRNSW Staff in accordance with the Legislation, with reference to the particular Act and the Section. 

9. Studies completed and results showing irrefutable proof that mask wearing stops the spread of all strains of the SARS CoV2 (COVID) virus. 

10. Irrefutable evidence and written evidence that the FRNSW can legally and lawfully enforce the wearing of masks for all employees, citing the Legislation, Act and Section. 

11. Studies and Trials completed for all Covid-19 vaccines (with copies of all results) together with all “Safety Data Sheets” (SDS). 

12. Irrefutable evidence and written evidence of the existence of the isolated SARS CoV2 Alpha strain which is confirmed by means of a purified viral sample being imagery with an electron microscopy.  

13. Irrefutable evidence and written evidence of the existence of the isolated SARS CoV2 Beta strain which is confirmed by means of a purified viral sample being imagery with an electron microscopy.  

14. Irrefutable evidence and written evidence of the existence of the isolated SARS CoV2 Gamma strain which is confirmed by means of a purified viral sample being imagery with an electron microscopy.  

15. Irrefutable evidence and written evidence of the existence of the isolated SARS CoV2 Delta strain which is confirmed by means of a purified viral sample being imagery with an electron microscopy. 

16. Irrefutable evidence and written evidence of the existence of the isolated SARS CoV2 Omicron strain which is confirmed by means of a purified viral sample being imagery with an electron microscopy.  

17. Irrefutable evidence and written evidence of (a controlled specific experiment on human or animal) where the isolated SARS-CoV2 Delta virus is exposed to healthy humans or animals shown to cause the disease COVID19.  

18. Irrefutable evidence and written evidence that the PCR Testing used in NSW is conducted at 24 cycle threshold and irrefutable proof PCR testing can identify it 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. 

19. Irrefutable evidence and written evidence that the Rapid Antigen Testing (RAT) used in NSW and Australia 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 RAT testing can distinguish between SARS CoV2 and Influenza. 

20. Irrefutable evidence and written evidence and written evidence specifically pertaining to each of our members that FRNSW will take full legal and financial responsibility for any injury, loss, damage or death to them as a result of the COVID19 vaccinations for their lifetime until our members death even if our members cease to be employed by the FRNSW. 

21. Evidence and written guarantee that our members will not be under DURESS from  FRNSW, to take the Covid-19 SARS CoV2 vaccine and that FRNSW is in compliance with the Nuremberg Code. 

According to the LexisNexis Concise Australian Legal Dictionary, “Duress” is defined as ‘Conduct by which one person applies pressure or undue persuasion on another, to induce that person to do something or refrain from doing something. Duress may take the form of constraint by injury, confinement, or threats, contracts and illegitimate pressure applied to obtain a contractual promise, payment, service, or other benefit.’ 

FRNSW advocates adherence by its member to its Code of Conduct and Ethics which underpins the core values of Respect, Integrity, Service and Courage. It also promotes a culture of diversity and inclusivity, and IT SHALL BE SEEN that you are not upholding these values by failing to involve our members in decision-making. IT SHALL BE TAKEN that you lack the courage to take on difficulties and obstacles that stand in the way of our members. 

WE CLAIM THAT Clause 8.3.1 of the Death and Disability Award 2020 is of function significance. Where it clearly states that under circumstances where FRNSW believes a firefighter is a danger to themselves, other firefighters or the public, that firefighter shall be stood down and paid exactly what that firefighter would have been paid had they been on sick leave. Alternate duties will be assigned to the firefighter if possible. 

WE CLAIM THAT the FRNSW Covid-19 Risk Assessment, states that firefighters are considered a danger to themselves, other firefighters or the public if they attend FRNSW premises or other incidents and are not vaccinated against Covid-19. This is with specific reference to Hazards 1, 2,3,4,6,8,10,11,14,17 and 18. 

WE CLAIM THAT The Australian Immunisation Handbook, 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.”  

WE CLAIM THAT implementing any Commissioner’s Orders, In-Orders, Standing Orders, SOG’s, Operational Bulletins and Safety Bulletins, pertaining to any direction or guidelines of a vaccine mandate (Covid-19 SARS CoV2 vaccines or any other defined vaccine within the definitions of the Australian Therapeutic Goods Association), issued email correspondence surrounding Covid-19 Mandates, the FRNSW Covid-19 Vaccination Requirements Policy, recent email letters of Non-Compliance, withholding information and informing members you are “not opposed to mandatory vaccination” SHALL BE TAKEN as pressure, coercion and manipulation and failure by you to protect the rights of your employees. 

WE CLAIM THAT allowing or aiding the Commissioner’s Orders, In-Orders, Standing Orders, SOG’s, Operational Bulletins and Safety Bulletins, or ensuing correspondence pertaining to any direction or guidelines of a vaccine mandate (Covid-19 SARS CoV2 vaccines or any other defined vaccine within the definitions of the Australian Therapeutic Goods Association), issued via all and any mediums or correspondence surrounding Covid-19 Mandates and withholding information or encouragement ‘that everyone should be vaccinated’ SHALL BE TAKEN as pressure, coercion and manipulation and failure by you to protect the rights of your employees.   

WE CLAIM THAT The Policy is a breach of the Anti-Discrimination Act 1977 as all firefighters bound by this policy have a ‘disability’ as defined by the Act. Therefore, to discriminate against our members due to their vaccination status is unlawful. 

WE CLAIM THAT the law clearly states that no medical procedure can be forced upon an Australian citizen without their consent free of any form of coercion. This is 

codified in the Criminal Code Act 1995 (Cth); Section 268.14 (3)(f) and (g) as ‘Consent means free and voluntary agreement and examples of circumstances in which a person does not consent to an act are (f) the person submits to the act because of psychological oppression or abuse of power; or (g) the person submits to the act because of the perpetrator taking advantage of a coercive environment’. 

WE CLAIM THAT vaccines in Australia are voluntary and personal medical information is private, as stated in the Australian Immunisation Register Act 2015 and Privacy Act 1988 (Cth) found at https://www.health.gov.au/initiatives-and-programs/covid-19-vaccines/covid-19-vaccines-privacy-and-security-information  

“The COVID-19 vaccine is voluntary and free and your information and privacy are 

strictly protected” 

  WE CLAIM THAT our members personal health records and vaccination status are their property unequivocally and indisputably. 

WE CLAIM THAT a person’s right to life, freedom from torture and inhumane treatment are protected in the Siracusa Principles, paragraph 58 under the heading of Non-Derogable Rights: 

“No state party shall, even in time of emergency threatening the life of the nation, 

derogate from the Covenant’s guarantees of the right to life; freedom from torture, 

cruel, inhuman or degrading treatment or punishment, and from medical or scientific 

experimentation without free consent” 

WE CLAIM THAT a person’s right to work is protected in the International Covenant on Economic, Social and Cultural Rights (ICESCR), articles 6(1), 7 and 8(1)(a) where the law clearly states that every person has the right to work without discrimination. Australia is a party to seven core international human rights treaties. 

WE CLAIM THAT the forcing, coercion or requirement of our memebers to provide any or all of their health record(s) or vaccination status is a breach of their human rights and it shall be taken as any attempt for procurement, limitation or restriction will be considered arbitrary deprivation of their personal property and also seen as discriminatory, including from any Fire and Rescue NSW Commissioner Direction, Operational Guidance Note, Business Rule or any related correspondence ensuing internally or externally generated. 

WE CLAIM THAT our members are not required to provide any and all of their personal health records or vaccine status to any and all in Fire and Rescue NSW or another related third party organisation or agency whether a corporation, organisation, person or sovereign being through restriction, limitation, coercion or obligatory requirement. 

WE CLAIM THAT on Tuesday, 15th of February, Queensland Fire & Emergency 

Services Commissioner and former MFB Acting Chief Officer, Greg Leach wrote to 

employees advising that vaccine mandates would not be implemented, citing (but not 

limited to); 

• Feedback from paid staff, volunteers and union. 
• The current downward trend of active cases across Queensland and reduced risk of community transmission. 
• Queensland Health advice on the current and predicted future of the Pandemic. 

• QFES workplace health and safety obligations. 

WE CLAIM THAT our members are Australian Citizens, of sovereign living being stature. 

WE DO NOT CONSENT TO our members: 

• Being mandated a COVID-19 Vaccination by FRNSW.  
• The loss or threat of loss of my employment because our members decline to take any of the COVID vaccinations. 

WE DEMAND THAT: 

• You make all staff, contractors and involved parties aware of this Notice.  

• You provide us with all your personal indemnity insurance policies by 5pm, 28 days from the date of this Notice. 
• A conscientious objection exemption to COVID vaccinations issued by FRNSW to our members within (28) Twenty-Eight days from the date of this Notice. 
• Confirmation in writing that conscientious objection exemptions be available to our members from the NSW Department of Health and/or FRNSW for any future vaccination mandates within (28) Twenty-Eight days from the date of this Notice. 
• That FRNSW show irrefutable proof and written proof of procurement of exemptions, medical or other conditions (namely, conscientious objection and religious), which are issued from NSW Department of Health and/or FRNSW within (28) Twenty-Eight days of the date of this NOTICE for ALL FRNSW employees. 
• That you provide irrefutable evidence that the NSW Chief Health/Medical Officer is party to our members current legally binding employment contract with FRNSW. Failure by you to show irrefutable evidence to the contrary and it shall be taken that the NSW Chief Health Officer and the NSW Chief Medical Officer is NOT a party to our members current employment contract and has no authority at law to make demands regarding their employment under their current contract, including Directions or Recommendations for any and ALL medical intervention procedures for ALL and ANY Vaccinations. 

• That Fire and Rescue NSW will guarantee no further forms of DURESS or DISCRIMINATION either from  Fire and Rescue NSW, its staff or any other Government office, agency, or departments, including all government contractors and partners in the private sector. 

• Should our members decide against being vaccinated by any or all of the COVID-19 vaccinations or any other vaccination advocated by Fire and Rescue NSW, that their decision will not compromise their position, status of employment, rank position, work location or work description and that theyr will not be made subject to any other forms of bias or discrimination including being a recipient of any vexatious or discriminatory or punitive action, behaviors, expressions or threats. 

• That Fire and Rescue NSW CEASE and REFRAIN from requesting any provision of personal health records or vaccine status in any manner of identified or outlined requirement as outlined or determined in any FRNSW directive, Standing Order, Business Rule or Local Knowledge Template, and any related correspondence ensuing, including provisional or final documents from any NSW State Public Health or Medical Orders or recommendations. TAKE NOTE THAT any request for provision of personal health records or vaccine status in any manner of identified or outlined requirement SHALL BE TAKEN that is as performance of HARRASSMENT and you will have full concurrence of this fact.   
• That our members receive their salaries and all loading conditions and all entitlements and all allowances as per their substantive rank and qualified position for any period of time where they have been forced to take their own personal leave post 17^th December 2021, in accordance with the Death and Disability Award above and that all personal leave balances be re-credited to their original levels as of the 17^th December 2021. 

TAKE NOTICE THAT: any breach of the terms of this Notice by ANY man, woman, person or other entity whether present or not, and it shall be taken that FRNSW, 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 our members, that can be diagnosed by competent medical agencies back to such action; and/or 
• Shall be guilty of breach of international laws on slavery, 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 and provide any evidence giving full grounds within (28) Twenty-Eight days of the date of this NOTICE and it shall be taken that you have no claim in this matter and shall entitle us to investigate further legal remedy at your cost. 

TAKE NOTICE THAT if no irrefutable evidence is provided, it shall be taken that you hereby agree to the terms of this notice and both parties have full accord and satisfaction.  

We wish to finalise this matter as soon as possible. If you have any questions regarding this notice, please do not hesitate to contact me by email.  

Thank you for your time and I look forward to your response with a positive outcome.  

The Australian Firefighters Alliance