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

----- Forwarded by Dale Mitchell/Conciliation/VWA on 23/12/2020 03:58 PM
-----

From:        Info CS/Conciliation/VWA
To:        Dale Mitchell/Conciliation/VWA@WorkCover
Date:        21/12/2020 08:49 AM
Subject:        Re: Freedom of Information request - Accident report and
apology
Sent by:        Nicole Pontarelli

--------------------------------------------------------------------------

[6]ACCS Accident Compensation Conciliation Service
Level 1, 215 Spring Street Melbourne VIC 3000
Phone: (03) 9940 1111 | Freecall: 1800 635 960
[7]www.conciliation.vic.gov.au
[8]Footer

From:        Rosemary Nemet <[FOI #6987 email]>
To:        [email address]
Date:        20/12/2020 12:14 PM
Subject:        Freedom of Information request - 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 under
water 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

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #6987 email]

Is [Accident Compensation Conciliation Service request email] the wrong address for Freedom of
Information requests to Accident Compensation Conciliation Service? If so,
please contact us using this form:
[9]https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[10]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://conciliation.vic.gov.au/
2. https://transportsafety.vic.gov.au/marit...
4. file:///tmp/www.conciliation.vic.gov.au
7. file:///tmp/www.conciliation.vic.gov.au
9. https://www.righttoknow.org.au/change_re...
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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 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
Visit our [3]LinkedIn
 

 
We respect and honour Aboriginal and Torres Strait Islander Elders past,
present and future. We acknowledge the stories, traditions and living
cultures of Aboriginal and Torres Strait Islander peoples and commit to
building a brighter future together.
 
The Workplace Injury Commission is an independent statutory body corporate
that is authorised and established pursuant to the Workplace Injury
Rehabilitation and Compensation Act 2013 and any subsequent amendments.
The information in this communication is confidential. It is only meant
for the person it is addressed to. You must not copy it or send it to
anyone else. If you have received this communication in error, please
notify me immediately and delete this message.

 
-----Original Message-----
From: Rosemary Nemet <[FOI #6987 email]>
Sent: Friday, 16 September 2022 1:58 PM
To: FOI Conciliation/Mail/VWA (WorkSafe) <[email address]>
Subject: Internal review of Freedom of Information request - Accident
report and apology
 
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:
[4]https://www.righttoknow.org.au/request/a...
 
Yours faithfully,
 
Rosemary Nemet
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #6987 email]
 
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
 
Please note that in some cases publication of requests and responses will
be delayed.
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
-------------------------------------------------------------------
 

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References

Visible links
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2. http://www.wic.vic.gov.au/
3. https://www.linkedin.com/company/workpla...
4. https://www.righttoknow.org.au/request/a...
5. mailto:[FOI #6987 email]
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