Accident report and apology
Dear Accident Compensation Conciliation Service,
I, Rosemary Nemet, am requesting a copy of the Marine Accident Incident Report from Sandringham Yacht Club, Saturday 26 November 2005, yachts involved, Nightraider owned by Phil Sparrow and Flirt1 owned by Chris Dare at that time. The person injured was myself, Rosemary Nemet. I was thrown off nightraider from the hull as I was asked to stand up there to hold onto cunningham eye and boom, as in the gull wing position of the yacht a Chinese jibe wipsawed the main sale from left to right the back to left and tipped yacht over, feet first I lost grip causing me to fall and impact water between the boom, side life rail and back runner. After three failed attempts by nightraider who lost sight of me and lost control of yacht as ther was only Phil, Jody Pregnall and one other girl left to control their yacht as a result they hit and run over me from the point at front of yacht inpacted as it rolled over me to back of yacht where it hit my chin upercutting my head backwards sending me underwater for an eternity for the second time by Nightraider. A man overboard was actioned by Flirt1 and its crew, picking me up 'Rosemary' out of ocean after 30 or so minutes of combating 3 meter waves and 30 knots of wind. When they ferry me back to the Sandringham yacht club, no medical attention was provied for myself, Rosemary Nemet. This ordeal left me with permant spine injuries that I have had to fight the medical profession to get treated appropriatly to avoid life in a wheel chair and I have been treated poorly with no acknowledgement of this incidence. This yacht club failed its duty of care for me. I would like to request an apology after 16 years at least as non of the 7 lawers I've been too are willing to persue justice or compensation on my behalf from the syc. I have paid for all of my medical expences, and lost a great deal of dignity, mobility, notability and sufferd many years of chronic spine pain and PSD and loss of employment.
Yours faithfully,
Rosemary Nemet
Thank you for your email to Accident Compensation Conciliation Service
(ACCS). This is an automatic response to confirm that we have received
your email.
We review this inbox regularly and will action your email. Should you have
any urgent queries, please call us on 03 9940 1111 or freecall 1800 635
960.
Kind regards
ACCS
Dear Ms Nemet
I refer to your email dated 21 December 2020.
The Freedom of Information Act relates to access to documents held by
Victorian Government Agencies.
In response to your email, we have undertaken a preliminary search of our
record management system and have not identified any files which relate to
you. The Accident Compensation Conciliation Service (ACCS) is a
conciliation service that helps resolve workers compensation disputes
between injured workers and their employers and insurance agents (please
refer to our website for additional information at
www[1].conciliation.vic.gov.au).
For the ACCS to hold documents concerning the accident you described, it
would have had to have been a workplace accident and as a consequence you
lodged a Request For Conciliation (RFC) with the ACCS. From the search we
have conducted this does not appear to be the case.
As a suggestion, it may be that Marine Safety Victoria
([2]https://transportsafety.vic.gov.au/marit...) holds the
documents you are seeking.
Regards
[3]ACCS Dale Mitchell
Chief Financial Officer/FOI Officer
Direct: 03 9940 1133
Accident Compensation Conciliation Service
Level 1, 215 Spring Street Melbourne VIC 3000
Phone: (03) 9940 1111 | Freecall:1800 635 960
[4]www.conciliation.vic.gov.au
[5]Footer
Dear Accident Compensation Conciliation Service,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Accident Compensation Conciliation Service's handling of my FOI request 'Accident report and apology'.
[ I, Rosemary Nemet, am requesting a copy of the Marine Accident Report from Sandringham Yacht Club, Saturday 26 November 2005, yachts involved, Nightraider owned by Phil Sparrow and Flirt1 owned by Chris Dare at that time. The person injured was myself, Rosemary Nemet. I was thrown off Nightraider from the hull as I was asked to stand up there to hold onto cunningham eye and boom, as in the gull wing position of the yacht a Chinese jibe whipsawed the main sale from left to right the back to left and tipped yacht over, feet first I lost grip causing me to fall and impact water between the boom, side life rail and back runner. After three failed attempts by Nightraider who lost sight of me and lost control of yacht as there was only Phil, Jody Pregnall and one other girl left to control their yacht as a result they hit and run over me from the point at front of yacht impacted as it rolled over me to back of yacht where it hit my chin up cutting my head backwards sending me underwater for an eternity for the second time by Nightraider. A man overboard was action-ed by Flirt1 and its crew, picking me up 'Rosemary' out of the ocean after 30 or so minutes of combating 3 meter waves and 30 knots of wind. When they ferried me back to the Sandringham yacht club, no medical attention was provided for myself, Rosemary Nemet. This ordeal left me with permanent spine injuries that I have had to fight the medical profession to get treated appropriately to avoid life in a wheelchair and I have been treated poorly with no acknowledgement of this incidence. This yacht club failed its duty of care for me. I would like to request an apology after 16 years at least as none of the 7 lawyers I've been too are willing to pursue justice or compensation on my behalf from the syc. I have paid for all of my medical expenses, and lost a great deal of dignity, mobility, notability and suffered many years of chronic spine pain and PSD and loss of employment.
Yours faithfully,
Rosemary Nemet
p.s
I corrected my spelling errors and also would like to add this question... Did the crew off Flirt 1 yacht get any medal for saving me out of the ocean?]
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Rosemary Nemet
I am on annual leave from Friday 16 September returning on Monday 26
September . I will respond to your email upon my return from leave
If the matter is urgent and cannot wait until my return, please ring
contact Boli Meng on 03 9940 0167 or [email address].
Regards
Dale Mitchell
Dear Accident Compensation Conciliation Service,
Thank you Dale. I have followed up on your reply from 2020.
Yours faithfully,
Rosemary Nemet
Dear Ms Nemet
I refer to you email dated 16 September and “request an internal review of
Accident Compensation Conciliation Service's handling of my FOI request
'Accident report and apology” (dated 20/12/20)
Consistent with my response to you on 23/12/20 (attached) we have
undertaken a preliminary search in both December 2020 and again in
September 2022 of our record management system and have not identified any
files which relate to you.
The Workplace Injury Commission (formerly Accident Compensation
Conciliation Service) is a conciliation service that helps resolve
workers compensation disputes between injured workers and their employers
and insurance agents (please refer to our website for additional
information at [1]https://www.wic.vic.gov.au/ ).
For the Workplace Injury Commission to hold documents concerning the
accident you described, it would have had to have been a workplace
accident and as a consequence you lodged a Request For Conciliation (RFC)
with us. From the search we have conducted this does not appear to be the
case.
Therefore we are of the opinion that we have complied with our
requirements under the FOI Act and responded to your request appropriately
and that in these circumstances, unfortunately there is nothing else we
believe we can assist you with.
If there are other specific aspects of our response to your FOI request
and/or your request for an internal review, please advise.
Please note that from 1 September 2022, the Accident Compensation
Conciliation Service Commenced trading as the Workplace Injury Commission
Regards
Dale Mitchell
Freedom of Information Officer
Corporate Services
P (03) 9940 1133
Email: [email address]
Workplace Injury Commission
Level 1, 215 Spring Street
Melbourne VIC 3000
P (03) 9940 1111 | Freecall 1800 635 960
[2]www.wic.vic.gov.au
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Rehabilitation and Compensation Act 2013 and any subsequent amendments.
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Rosemary Nemet left an annotation ()
Lawyers not Lawers.