The Offender will be available for interview in Melbourne Friday, 14 November 2014.

Well, it explains a lot.

And there are, I'm told, some for whom the experience would otherwise forever be denied.

Union whistleblower says barber’s chair sex romp with barrister was a ‘charity shag’

STEAMY union whistleblower Kathy Jackson has hit out below the belt at Health Services Union barrister Mark Irving, describing their barber’s chair sex romp as a “charity shag”.

“Everybody makes mistakes,” she added

Ms Jackson spoke out after finishing giving evidence to the Royal Commission into trade union corruption today.

It follows her shocking evidence on Thursday when she revealed she had a love affair with Mr Irving 20 years ago when he was a solicitor doing some work for her HSU branch in Victoria.

She said they used to make love in his apartment, which had a barber’s chair in the living room, after Friday night drinks.

Having lived through this

And been responsible for investigating crimes arising from this (Lakemba, Sydney)

I tend to listen when Doubtful John says things about courage, things like this:

CLICK HERE TO WATCH LIVE

Kathy Jackson is being re-examined by her Counsel Mr Pritchard.

She explained that by March 2009 she and Jeff Jackson were living in different households and that the account into which Mr Jackson deposited the $50,000 cheque was an account exclusively operated by Mr Jackson.

Ms Jackson has described her efforts this week to obtain evidence of various bank statements, mortgage statements, cashing in of entitlements and borrowings from her parents in her efforts to source funds to pay to her former husband in a property settlement pursuant to their separation.

Ms Jackson states that she did file appropriate returns with the Fair Work Commission and its predecessor organisations.   She states that she does not recall receiving any letters of demand or similar from the FWC and if she had she would have tasked the appropriate staff or external advisors to complete the paper work.

Ms Jackson stated that she attended many ACTU and similar courses regarding the conduct of union accounts.   She states that she sought advice from fellow unionists like Bill Shorten as to how to set up and operate "off-line" accounts and that she did what she did with the approval of her BCOM.  She stated it was impossible to operate a contemporary Australian trade union without offline accounts because other unions operated with them and to operate without like defences left the undefended union vulnerable.

AT 9.44 MS JACKSON WAS EXCUSED FROM FURTHER ATTENDANCE

The Commission heard considerable legal argument about the admissibility of various elements of the lengthy witness statement of HSU official Chris Brown.

Two further witness statements for Dr Rosemary Kelly were tendered into evidence.

A witness statement of Ms Carol Glenn and Annexures were received into evidence.

Mr Temby submitted that in his belief the Commission had received into evidence the sum-total of statements and evidence it required.   With the qualification regarding the Victoria No 1 Branch and perhaps matters arising from this morning the Commissioner agreed.  

The Commissioner explained that he expects oral evidence to be completed within 4 weeks.   Written submissions from Counsel will then be circulated, affected parties will then have the opportunity to reply. Counsel Assisting will then reply - and perhaps a further few days will then be available for oral argument.   The Commissioner emphasised that the most important elements of that process will be the written submissions made by Counsel.

Counsel Assisting reminded the Commission that one matter remained outstanding in relation to the Peter Mylan evidence (presumably the telephone intercept warrant).

THE COMMISSION'S PUBLIC HEARING IS ADJOURNED UNTIL 10AM MONDAY.

I'll bet my backside private hearings are on today.

Mr Irving is going through lots of entries in the financial accounts regarding donations to various entities/persons.

Mr Irving states again that the Act requires that donations were disclosed and in the case of Ms Jackson's branch they weren't.   Ms Jackson agreed.

Mr Irving has taken Ms Jackson to the transcript of a previous appearance at the Commission referring to her admission that she recorded the audio of certain meetings of the national executive of the HSU East.

He refers in particular to a meeting of the National Executive of the HSU East on 13 February 2012 - he asked Ms Jackson if she declared to the meeting that she was recording the meeting.

Ms Jackson said yes, it was not a secret that she was recording the meeting.

Ms Jackson is now being shown page 929 of the Annexures to the statement of Chris Brown.

The document is an Affidavit purportedly sworn by Ms Jackson in Federal Court proceedings.   It is an unread Affidavit and Mr Pritchard has objected to it on the basis of the "implied undertaking".

There is considerable legal argument about whether or not the Affidavit should be tendered.    Mr Pritchard has approached Ms Jackson in the witness box to seek instructions.

Ms JACKSON does not recall releasing the Affidavit for the use of the HSU.

Mr Irving has nominated the sentence within the Affidavit on which he wishes to ask one question to Ms Jackson.   It goes to the veracity of evidence given by Ms Jackson in a previous hearing of the Commission.

The Commissioner asked the question and Ms Jackson answered it without reading the Affidavit to the open hearing room.

Mr Irving is now giving the Commission and Ms Jackson a lecture on the importance of fraud prevention.   Ms Jackson gave back as good as she got by pointing out that while she has been singled out for cross examination on this issue the practices Mr Irving described were widely spread within the union and those instructing him.

Mr Irving asked Ms JACKSON about the composition of the Victoria No 3 Branch BCOM.

Ms Jackson agreed with Mr Irving's description - and that meetings of the BCOM generally occurred within about 5 kilometres of the CBD.

Mr Irving is asking detailed questions about the composition of the BCOM and rates of pay at the relevant time for health professionals.

He put to Ms Jackson that the average rate of pay for BCOM members would be around $45 per hour.   Ms Jackson agreed.

The level of exchange between Ms Jackson and Mr Irving is descending somewhat.

The Commissioner appears displeased.   He appears to be taking few notes.

I have to attend a doctor's appointment - please keep us posted with a record of your take on the rest of these proceedings and I'll post your comments.

Michael

Dr Heather Louise Wellington, former Chair of the Peter MacCallum Cancer Institute is in the witness box.

Dr Wellington states that she has a very strong belief that the payment to the HSU No 3 Branch was disclosed to the staff of the Peter Mac institute.

Dr Wellington stated that the Board was very clear on its instructions that the nature and extent of the payment to the HSU No 3 Branch being disclosed to staff.

Dr Wellington recalls being in an auditorium and the payment to the HSU being discussed, she has a "very strong sense" of it being discussed and a vaguer memory of a powerpoint presentation being made to staff by the CEO.

Mr Pritchard for Ms Jackson is now cross examining Dr Wellington.

Dr Wellington states that she was driven ethically and to act in the best interests of the Peter Mac centre.

Dr Wellington states that it was a major failure of management in that the correct payments to staff had not been made.

Dr Wellington states that all things considered a payment of $250,000 to the HSU was a reasonable and appropriate payment to the HSU.

Dr Wellington recalls a resolution of the Board to "settle it" for up to $250K.  The amount was fixed in the context that the Peter Mac believed it was exposed to significant penalties.

DR WELLINGTON HAS BEEN EXCUSED.

Here is Mark Irving's entry in the Victorian Bar register.
In October 2013 he won the LexisNexis Centenary Book Award. The judges selecting the prize were former High Court judge the Honourable Dyson Heydon AC, QC, the former Federal Court judge the Honourable Kevin Lindgren AM, QC and Emeritus Professor Gillian Triggs, the President of the Australian Human Rights Commission

Mark was called to the Bar in 1997. He practices principally in the fields of employment and industrial law. He is the author of The Contract of Employment, a comprehensive and systematic work of the law governing employment contracts. In October 2013 he won the LexisNexis Centenary Book Award. The judges selecting the prize were former High Court judge the Honourable Dyson Heydon AC, QC, the former Federal Court judge the Honourable Kevin Lindgren AM, QC and Emeritus Professor Gillian Triggs, the President of the Australian Human Rights Commission. The prize was awarded to foster ‘the highest standards of authorship in legal publishing’. The judges praised the ‘depth and quality’ of the commentary in Mark’s book.

Mark has appeared for and advised directors, employees and unions in a broad range of commercial, employment and industrial matters before superior courts and tribunals. He has extensive experience appearing in litigation involving complex legal and factual issues. Over the last 12 months he has acted for a presenter of a leading television program, a coach of an international sports team, the dismissed principal of a leading private school, an employee of a prominent sporting team affected by allegations concerning the use of drugs in sport and various professors and senior academics. Some of the larger or more significant cases he has appeared in include:

August 2013: appeared for the successful intervener, the ACTU, in the landmark Full Federal Court decision in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 concerning the implication of the mutual trust and confidence term.

April 2013: appeared for the successful plaintiffs in various proceedings before Justice Dodds-Streeton in the Federal Court in a matter concerning the removal of directors of a company limited by guarantee, the fulfilment of the charitable purposes of the company, the membership of the company, the alleged misuse of confidential information, breaches of directors’ duties, admissibility of expert evidence and the awarding of indemnity costs: see Ananda Marga Pracaraka Samgha Ltd v Tomar [2013] FCA 284;  [2012] FCA 390; [2012] FCA 385; (2012) 202 FCR 564; (2012) 291 ALR 292; [2012] FCA 184; [2010] FCA 1342; and [2010] FCA 565.

June 2012 - date: acted for the Health Services Union, and some of its senior officers, in various proceedings in the Federal Court under the Fair Work (Registered Organisations) Act 2009. These include acting for the successful applicant in an inquiry into an election before Justice Tracey in the Federal Court: Re Asmar [2012] FCA 1242; [2012] FCA 1243 and (2012) 207 FCR 476. Acting for the union in proceedings before Justice Flick seeking the removal of 86 office-holders from positions they held in the Health Services Union: Brown v Health Services Union (2012) 205 FCR 548; (2012) 291 ALR 497; [2012] FCA 644; [2012] FCA 1014; [2012] FCA 1246; [2012] FCA 1376. Acting for the intervener in General Manager of the Fair Work Commission v Thomson [2013] FCA 380 (stay of application for pecuniary penalty).

August - October 2012: acted for Rosa Storelli, the former Principal of MLC College, against her former employer in proceedings before the Visitor to the College and in the successful mediation of her claims.

2011-2012: acted for the employee and the union at first instance (Barclay v The Board of Bendigo Regional Institute of Technical and Further Education (2010) 193 IR 251; [2010] FCA 284) on appeal in the Full Court of the Federal Court (2011) 191 FCR 212; (2011) 274 ALR 570; (2011) 203 IR 312; [2011] FCAFC 14) and on appeal in the High Court (2012) 290 ALR 647; (2012) 86 ALJR 1044; (2012) 220 IR 445. 

2010 - early 2012: wrote The Contract of Employment. The book is over 1,100 pages long, refers to over 3,000 cases. In October 2013 the text won the LexisNexis Centenary Book Award.

December 2008 - November 2009: Australian Education Union v Department of Education and Children's Services (South Australia): appeared as junior counsel, led by Mordy Bromberg SC, in the largest arbitration conducted in the history of the South Australian Industrial Relations Commission. The matter concerned wages and conditions for 27,000 public education employees. It involved about 150 witnesses.

August - November 2008: Australian Education Union v Department of Education and Training: prepared for a major arbitration in Western Australia concerning wages and conditions of public education workers.

2004-5: appeared for the respondent union and others in a 67-day trial before Justice Ashley in a matter concerning false imprisonment, trespass, various economic torts and the tort in Wilkinson v Downton. He also appeared for the respondents in the unsuccessful appeals in the Court of Appeal and the High Court: McFadzean v Construction, Forestry, Mining & Energy Union [2004] VSC 289; (2007) 20 VR 250; [2007] VSCA 289.

Mark has appeared in well over a dozen matters before Full Benches of Fair Work Australia and its predecessors.

Recent appearances in the Federal Court

Commonwealth Bank of Australia v Barker  [2013] FCAFC 83 (implication of the mutual trust and confidence term in employment contracts)

General Manager of the Fair Work Commission v Thomson [2013] FCA 380 (stay of application for pecuniary penalty)

United Voice v Accolade Wines Australia Limited [2013] FCA 285 (preliminary discovery application),

State of Victoria v Australian Education Union [2013] FCA 72 (resisted application for an injunction to prevent industrial action)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 6) [2013] FCA 284; (2013) 94 ACSR 199 (removal of directors of a company limited by guarantee, the fulfilment of the charitable purposes of the company, membership of the company)

Re Asmar [2012] FCA 1289; (2012) 207 FCR 476 (breach of Union rules, establishing financial membership)

Brown v Health Services Union (No 4) [2012] FCA 1376 (access to affidavits filed, amendment of scheme of administration)

Brown v Health Services Union (No 3) [2012] FCA 1246

Re Asmar [2012] FCA 1243 (stay of elections)

Re Asmar [2012] FCA 1242 (election inquiry)

Brown v Health Services Union (No 2) [2012] FCA 1014

Brown v Health Services Union [2012] FCA 644; (2012) 205 FCR 548; (2012) 291 ALR 497 (branch ceased to function effectively; removal of office holders)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 5)  [2012] FCA 390

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 4)  [2012] FCA 385; (2012) 202 FCR 564; (2012) 291 ALR 292 (independence of expert witnesses)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 3) [2012] FCA 184 (orders under s 237 of Corporations Act)

Australian Institute of Employment Rights

Mark is a committee member of the Australian Institute of Employment Rights. The AIER is a tripartite think-tank formed to research and promote the rights and responsibilities of employees and employers in Australia's industrial relations system, particularly through the ratification of International Labour Organization Conventions. In 2006 Mark participated in the formulation of the Charter of Employment Rights, which sets out ten employment rights of employers and employees. The Charter forms a template that workplaces are encouraged to adopt and observe as well as being an instrument for advocating the reform of labour law in Australia. The rights are based on Australian industrial practice, the common law and international treaty obligations binding on Australia. In 2007 he co-edited a book titled The Australian Charter of Employment Rights, with Mordy Bromberg SC. He also co-wrote two chapters in the book.