Showing posts with label act. Show all posts
Showing posts with label act. Show all posts

Wednesday, 3 December 2008

Bill of rights to rein in Parliament?

Australia was the only [alleged] democratic nation not to have a charter of rights.

Australia is [allegedly] a step closer to getting a bill of rights, which could [allegedly] enshrine rights to free speech and non-discrimination. The Federal Government is set to begin a consultation process into what the document should look like next week.

The charter would outline a set of rights and require the Parliament to ensure legislation complies with them. It is unlikely to be a US-style constitutional document - which allows courts to declare laws invalid - but will probably be based on those in Victoria, the ACT and Britain.

The cabinet agreed on the nationwide consultation process on Monday.

The Government will use the 60th anniversary of the Universal Declaration of Human Rights, next Wednesday, to call for options on a human rights charter.

Kevin Rudd threw his support behind the principles enshrined in the declaration yesterday in a speech to Parliament marking the anniversary. "As a middle power we believe in a creative use of diplomacy to build stronger human rights protection in every part of the world," the Prime Minister said.

The Australian National University's Professor Hilary Charlesworth said the bill of rights would probably include civil and political rights such as the right to free speech and protection from discrimination. What was less clear was whether economic, social and cultural rights would be included, such as the right to education, to a high standard of health care and the right to work.

"I think [the Government] will leave it open," she said.

The move is sure to attract its critics, with the Coalition having already declared its opposition to a bill of rights. The shadow attorney-general, George Brandis, has previously said a rights charter was unnecessary and unwise, and would concentrate too much power in the judiciary.

George Williams, a constitutional expert who helped to draft the Victorian charter, said Australia was the only democratic nation not to have a charter of rights. He said the Government should consult as widely as possible and avoid including potentially contentious rights, such as a right to abortion. "A charter is not about foisting new agendas on to people," said Professor Williams, of the University of NSW.

"I would not put divisive things there. I would stick to things like freedom of speech - that we know we believe in and that have overwhelming public support … The process should be very open. It should not just involve legal and human rights groups. Any Australian who wants to should have a say."

Professor Williams said charters in Britain and Australia had led to almost no increases in litigation but could prevent the passing of laws that impinged on rights, such as the federal sedition laws.

Quote: 1. The very idea that we live in a democracy in Australia is highly controversial. 2. There have been many complaints about the Victorian bill of rights not preventing judges from denying claims lodged in the courts.

Related:

Activists target Rudd's net censorship plans
The political activists who helped free David Hicks and abolish Work Choices have now set their sights on the Government's plan to censor the internet, which is already facing a major backlash and a lack of political support. GetUp says it plans to run mainstream ads and offline action that will be as elaborate as its free Hicks campaign. In just a day, a petition on its website has attracted over 22,000 signatures; GetUp said it had received more emails urging them to act on this issue than "any other campaign in recent history".

David Hicks breaks his silence
Former Guantanamo Bay [prisoner] David Hicks has broken his silence, saying a court-imposed control order makes it hard for him to get on with his life.

ASIO officers should be prosecuted
Two ASIO officers should face prosecution for their role in the abduction of a Sydney medical student.

Disability group: review migration laws
The Down Syndrome Association of Western Australia says the Commonwealth must review legislation which makes it hard for people with children with disabilities to migrate to Australia.

Failures show need for bill of rights - Kirby
High Court Judge Michael Kirby says government failures on law reforms justify enacting a charter of rights.

Judge attacks disparity in laws
Australia has a long way to go in protecting the rights of women, Aborigines, migrants and homosexuals, High Court judge Michael Kirby said yesterday.

Some Risdon inmates in solitary confinement for years: reports
Risdon's solitary confinement unit is under investigation. The Tasmanian Ombudsman has begun an investigation into the unit after hearing inmates have not had access to enough sunlight or fresh air.

Black Australia's doing fine, says G-G
The Aboriginal leader Pat Dodson said the head of state's remarks were superficial and suggested that all that was needed was to "force these [remote] people out of their communal ways …

Women's battle for equal pay continues
ALMOST 40 years after it became unlawful to pay women less than men for equal work of equal value, women are still earning on average $196 a week less than men.

Push for federal charter of human rights
High Court Judge Justice Michael Kirby has again called for Australia to adopt a charter of human rights.

QLD judge-only trials 'not the answer'
Civil libertarian Terry O'Gorman says judge-only trials are not the answer. Laws to go to Parliament next week will allow the prosecution or the defence to apply for a trial to be heard by a judge-only in some complex or notorious cases.

Planned phone-tapping laws in Qld
Council for Civil Liberties..These new laws involve a considerable intrusion into the privacy of people's lives. Queensland Council for Civil Liberties says the public has a lot be concerned about.

Australia: Concerns of a police state
Cameron Murphy...a massive reduction in police accountability to the community. NSW police now have special emergency powers to bug or track people for up to four days without a warrant. Under the biggest shake-up to the state's surveillance laws, police will have up to four days to monitor people before needing to apply retrospectively for an emergency warrant from a Supreme Court judge. NSW Attorney-General John Hatzistergos said the new police powers flowed from an inter-governmental Australian terrorism summit in 2002.

Australia to sign up to anti-torture treaty
Australian complicity in War Crimes in the Middle East, Torture, Rendition. In Australia Draconian Laws, Indefinite Solitary Confinement of prisoners at places like the HRMU at Goulburn Correctional Centre.

UN Torture Committee Blasts Australia
In its report on Australia, the Torture Committee was critical of Australia's prisons, counter-terrorism laws, mandatory immigration detention and of the way Australian officials have ignored torture and mistreatment overseas in places like Abu Ghraib.

LINE IN SAND ON MENTAL HEALTH

“Patients under state control have had their social interaction reduced, and right to smoke removed. These vulnerable and isolated citizens, to whom the state owes a special obligation, are extremely distressed and have asked for community assistance,” said JA spokesperson Michael Poynder.

Faheem Lodhi - another non-terrorist jailed under Australia's 'anti-terror' laws? Jack Thomas, a non-terrorist, has been jailed under Australia's anti-terror laws. Now Faheem Lodhi has been convicted under the terror laws on flimsy, circumstantial evidence. It is likely he is another non-terrorist jailed for political purposes under the terror laws.

Tuesday, 2 December 2008

Students protest against academy closure

Students and teachers from the Australian National Academy of Music have played classical music in Parliament House to protest against the school's closure.

Two violinists entered the House of Representatives entrance and a lone cellist greeted senators on the opposite side of Parliament House.

Last month federal Arts Minister Peter Garrett announced that funding for the classical music school will be cut and instead go to a new body operating in conjunction with Melbourne University.

The academy is set to be stripped of its funding and the $2.5 million will now be given to Melbourne University's School of Music instead.

The academy's artistic director, Brett Dean, says the Government is throwing the baby out with the bath water.

"Any institution needs to have accountability," he said.

"My big difficulty with all of this is that it hasn't acknowledged the artistic credibility of the place."

Mr Garrett announced that students from the academy will be given help to find a place in the new school, which Mr Dean says is a sign Mr Garrett has been listening.

But Mr Dean says he does not want a situation where students are being moved from a place where they have flourished to a place where their future is much less certain.

"The language of the most recent announcement certainly seems to acknowledge that the academy has a fine reputation and isn't the dysfunctional baby that they thought they were getting rid of," he said.

He says current facilities at Melbourne University's music department or conservatorium and Victorian College of the Arts are already overstretched.

Greens moratorium

Greens will move a Senate motion today calling on the Government to impose a 12-month moratorium on the closure of the academy.

Greens Senator Christine Milne says the Government needs to allow the students to remain at the school while its future is discussed.

"These brilliant young students don't know where they're going next year, there are no transitional arrangements in place," she said.

"The Prime Minister would not do this to his own children nor would Minister Garrett, nor would I, and so this is a bad decision and the Parliament needs to intervene here."

Being heard

Rock musician Paul Kelly and actor Geoffrey Rush are among other high-profile Australians who have come to Parliament House in support of the Australian Academy of Music.

Mr Dean says the protest is designed to have their music be heard.

"I think actions often speak louder than words," he said.

"This decision has been made without the minister or his advisers ever setting foot in our premises in South Melbourne or ever hearing a note of music that we play.

"We've been criticised in the past for being inefficient and ineffective, now on Friday the Minister claims that we have such a strong reputation that they want to keep the name [for the new school at Melbourne University].

"They need to realise how that name has come to stand for such excellence and that is because we have a team that can deliver and provide these services."

Monday, 24 November 2008

PM urged to tackle homelessness


'Dead wrong' ... Mr Rudd has been urged to follow through on homelessness

Prime Minister Kevin Rudd is under pressure to make good on his promise to help the plight of the nation's homeless.

Mr Rudd put homelessness on the national agenda in January, announcing he was forming a committee to improve crisis services and help people get long-term housing.

He also told MPs to learn more about the plight of the homeless by spending a night in an emergency shelter.

"It is dead wrong that in a country as wealthy as ours that on any given night some 14,000 people are sleeping rough," he said at the time.

But Deb Tsorbaris from the coalition Australians for Ending Homelessness says the situation has deteriorated over the past year, and the global financial crisis is already biting the Australian community hard.

"We already know that in one of the last sets of data, the data that is collected from our services, that nearly 3,000 people had had mortgages before they appeared at our services," she said.

"That was at least a year ago, so we would expect those numbers to double or triple. Now that's frightening."

The coalition is in Canberra with a five-point plan to reduce homelessness and holds out hope that action can begin before the end of the year.

"Kevin Rudd has distinguished himself as the only prime minister, in my memory anyway, who has singled out homelessness as an issue that he wants to tackle," she said.

"We have had the white paper delayed. COAG is in a week and at that time there will be discussions between the states and the Commonwealth about huge amounts of money, in excess of $33 billion, and we are keen to make sure that a chunk of that goes to the area of homelessness."

The group's plan includes a proposal to build an additional 250,000 low-cost and community houses by 2020.

Federal Housing Minister Tanya Plibersek says she expects the issue will be raised at next Saturday's Council of Australian Governments (COAG) meeting.

"I think we are at, obviously, a very difficult time because of the global financial crisis, but the Government's early and decisive action with its $10.4 billion economic security strategy, I think, has certainly given a lot of people comfort and security and our actions on homelessness have been critical," she said.

"But we have got to ask ourselves, not just how the economic circumstances are affecting the number of homeless people, but how successful we are as a community and as governments working together to turn around some of these numbers."

Ms Plibersek says the Prime Minister's commitment to dealing with homelessness "has been full and unwavering".

Financial crisis no excuse for homeless neglect: Greens

The Greens say the Federal Government should not use the financial crisis as an excuse to water down its commitments to homeless people.

Greens Senator Scott Ludlum says the Government's rhetoric on homeless people has not been matched by action.

He says he is worried the Government will continue to stall and blame the financial crisis.

"It is something that's starting to colour the debate, if it's anything the Government's trying to put off or might be politically difficult it's certainly something being raised," he said.

"With due acknowledgment that the world economy is in serious trouble, people are still homeless right across Australia so I think it's time we saw some concrete action."

Related:

Mixed bag for Sydney's renters: report
Rents for Sydney homes have increased by more than 16 per cent in the past year.

Greens push for affordable homes
The NSW Greens have introduced a bill into the Legislative Council that would allow councils to require up to 25 per cent of new multi-unit housing developments to be set aside for affordable housing.

More families needing emergency support
The welfare group Anglicare says it is noticing a growing need among working families for emergency relief and housing support.

Report warns new wave of homelessness
State and federal governments are being warned of a new wave of homelessness threatening disadvantaged families.

Upwardly immobile: mortgage stress bites
Reserve Bank statistics do not begin to tell the real story of housing stress in Sydney's western suburbs, according to financial counsellor Mike Young.

Households give up three years of gains
AUSTRALIAN households have been hit so hard this year that their financial gains of the past three years have been wiped out, a Reserve Bank report has found.

Rental rage surges in Sydney
One in three real estate agents have been threatened or abused by people frustrated at Sydney's rental shortage, a survey has found.

Qld has highest homeless rate in Australia

The latest Australian Bureau of Statistics (ABS) figures show Queensland has the highest homeless population in Australia.

More homeless seeking help: report
A new report shows there has been a substantial increase in the number of homeless Australians seeking government help.

Housing rents surge in Sydney
RENTS for houses across Sydney surged 8 per cent in the three months to June, driven by landlords facing higher mortgage rates.

First mortgages doubled in a decade: ABS

The amount first home buyers borrowed to make their housing purchase doubled in the 10 years to 2005-06, new statistics show.

Housing crisis forcing people to sleep rough
A Wesley Mission study found 71 per cent of respondents identified the housing crisis as the major reason for them becoming homeless. Of those, 88 per cent said accumulated debt and unexpected financial crisis were factors.

Funding fall 'locks workers out of housing'

People who cannot afford to rent or buy suitable homes have been locked out of public housing because of a drastic fall in national funding, a Sydney conference has heard.

Renters must pay for their own evictions
SYDNEY renters have plenty to gripe about. Not only are their rents soaring but they are also funding the legal machinery used by landlords to evict them.

NSW feels the deepest jobs cut

MORE than 17,000 NSW workers left or lost their jobs last month in the worst labour market reading in years, fuelling fears the state will suffer the brunt of the coming economic slowdown.

Welfare services under strain: survey

The number of people accessing community services is on the rise, a new survey shows.

Report warns new wave of homelessness
State and federal governments are being warned of a new wave of homelessness threatening disadvantaged families.

When pain persists, they arrive
People are still angry when they lose their houses, but he notices that "people nowadays seem to think, when they take a loan, that it's a risk and that if they take the loan they might end up losing their house".

'No warning' about Beechwood collapse
The New South Wales Government says it had no warning one of the state's largest building companies was about to collapse, despite receiving more than 100 complaints over three years.

Housing crisis is real: industry
The Housing Industry Association (HIA) says new research highlights the seriousness of Australia's housing crisis.

Fee too much for Block project
THE Aboriginal Housing Company has accused the Minister for Planning, Frank Sartor, of "trying to crucify" an ambitious housing plan for the Block in Redfern after his department refused to waive a $60,000 development application processing fee for the project.

Friday, 31 October 2008

50pc of homeless 'dependent on alcohol, drugs'

New research from the Australian National Council on Drugs (ANCD) shows a large percentage of homeless people are dependent on alcohol and drugs.

The ANCD estimates over 100,000 people are homeless every night with a third under the age of 25.

ANCD executive director, Gino Vumbaca, says a number of these people have problems with alcohol and drugs.

"What the council has found is that the levels are quite high - [they are] six times more likely to have a drug use disorder," he said.

"In some cases almost 50 per cent of people who are sleeping rough are dependent on alcohol and 50 per cent of clients would smoke cannabis on a regular basis."

"So what we're seeing is quite a substantial level of substance misuse amongst the homeless. I don't think that's startling but we've got some figures now to back that up."

Mr Vumbaca says greater focus needs to be placed on people who are homeless and dealing with addictions.

He says in some areas like Canberra the homeless are often overlooked.

"Often people don't see homeless people. They might see one or two people ... who have slept rough overnight ... but we are talking about over 1,000 people on any given night are homeless in Canberra," he said.

"As a result, they are sort of out of the way, out of sight and unfortunately out of our minds sometimes.

"So we don't invest what we need to invest in homeless shelters because we don't see the dimensions of the problem."

Online support

The ANCD in conjunction with the National Drug and Research Institute at Curtin University of Technology have today launched a new support website for people working in the homeless sector.

"Homeless services are often being stretched to capacity dealing with the day to day crisis that people are facing," Mr Vumbaca said.

"This makes it very hard for them to then address any underlying issues."

Mr Vumbaca says the Homeless Information Portal provides information on drug and alcohol use and how to address problems as they present.

"It also provides a database for services who will be able to look at what is in their local area and search for drug and alcohol services and other homeless services that may exist nearby," he said.

"So they can work with them and maybe co-manage clients, given they often haven't got the resources to deal with those client problems as they present on the night when people are looking for a roof over their head."

The ANCD is also working with the Federal Government to help raise awareness of the issue.

Mr Vumbaca says the Government will be releasing a white paper on homelessness and launching a major new strategy in the next few months.

"To make sure that we also invest in the difficult end of the homelessness problem which is people who have significant substance abuse problems, or mental health problems or for a lot of people both," he said.

"There needs to be a lot more support given to homeless shelters and the like to actually address the underlying causes of homelessness."

Monday, 27 October 2008

Greens name Meredith Hunter as leader


Meredith Hunter will lead the Greens in the ACT Legislative Assembly.

The ACT Greens have named Ginninderra MLA-elect Meredith Hunter as the party's leader.

The mother of three is one of four Greens to win a seat in the next ACT Legislative Assembly.

Ms Hunter, Shane Rattenbury, Amanda Bresnan and Caroline Le Couteur will hold the balance of power in the Assembly but are yet to announce which major party they will support to form a minority government.

The Greens will meet with both the Liberal and Labor parties tomorrow for further talks and have not said if they will seek a ministry.

Tuesday, 14 October 2008

Greens 'deserve' to take part in debate'

The ACT Greens have expressed disappointment that they will not be taking part in a leaders' debate at the Australian National University today.

With some polls pointing to a Green vote of more than 20 per cent on Saturday, the party says it deserves a place in the debate.

But Greens candidate for Molonglo Shane Rattenbury says his party will not be crashing the event as it did a Labor policy launch last week.

"The event last Friday was a specific situation where the Labor Party had been misrepresenting the Greens policy." he said.

"We felt the need to correct the record there but the Greens are keen to take part in serious debate during this election.

"So far all the debates at leadership level have taken part between the Labor and the Liberal Party and they have failed to address key issues."

Mr Rattenbury says the focus of the leaders' debate is too narrow and will not address key issues like climate change.

"The opinion polls are showing that one in five Canberrans is considering voting for the Greens next weekend," he said.

"That's a very significant proportion of Canberra residents and on that basis it does indicate that a number of people would want to hear what the Greens have got to say when it comes down to having a debate about the key issues affecting the future of the ACT."

Monday, 13 October 2008

More families needing emergency support

The welfare group Anglicare says it is noticing a growing need among working families for emergency relief and housing support.

The group, which has more than 400,000 welfare clients, released its annual State of the Family report at Parliament House in Canberra this morning.

Anglicare chairman Dr Ray Cleary says people are applying for its services just to make ends meet.

"Our agencies, day by day, work with disadvantaged people," he said.

"And in particular we have seen over the past few years a growing number of people who are in employment but are now feeling the stress of the current global economic scene."

Related:

Forty per cent Aussies saw income fall
Forty per cent of Australians say their income fell between 2001 and 2005, despite the former federal government claiming the period was a golden age.

Report warns new wave of homelessness
State and federal governments are being warned of a new wave of homelessness threatening disadvantaged families.

Friday, 10 October 2008

States 'dreaming' over extra funding


'Won't bow to pressure': Kevin Rudd

Prime Minister Kevin Rudd says he will not bow to pressure from states to provide billions of dollars in extra funding.

A report today says the states will demand $23 billion of extra funding before they sign up to new deals at the next COAG meeting in November.

Mr Rudd has described the report as one of the "larger try-ons of the century".

"We're engaged in a long negotiation with the states over the future of hospitals funding and on schools funding," he said.

"We're going to sort that out in the middle of November.

"I'm sure there will be a lot of argy bargy in the between time but what was that great line in The Castle? You've got to be dreaming."

The Federal Government has been pushing the states for federal reform in several areas and has threatened the states with a takeover of the hospital system if a national reform plan is not agreed to by mid 2009.

Around $33 billion is now allocated to the states each year from the Federal Government.

Related:

Budget worse than expected - Rees
NEW South Wales Premier Nathan Rees says the economic outlook for the state is more bleak than he expected, and difficult decisions will have to be made.

Friday, 3 October 2008

Children needing protection 'has tripled'


The biggest increase in the number of notifications was in NSW.

New research shows state governments have failed to put in place appropriate child protection measures despite a sharp rise in the number of children needing protection from violent and sexual abuse in the last 10 years.

A report from the Australian Law Reform Commission (ALRC) has found that since 1997, the number of children needing protection - mostly from violent and drug-addicted parents - [alcoholics?] - has more than tripled nationally to more than 300,000.

[Unless deemed a drug? Why was alcohol left of the above list? And woudn't they be mostly from violent drunks? Seen as how drugs are illegal?]

While this was based on both substantiated and 'unsubstantiated' child-protection notifications, the number of substantiated notifications also increased dramatically - almost doubling from 29,833 to 58,563.

The biggest increase in the number of notifications (substantiated and unsubstantiated) was in New South Wales, where the figure in 1995-96 was 28,930 and the corresponding figure in 2006-07 was 189,928.

One of the report author's, James McDougall, says little has been done to prevent children suffering at the hands of abusive and violent parents.

"There's been a hell of a lot of concerns around prosecutions and notifications, but in terms of good public policy development it's become fairly clear to us that what we've missed out on doing is that ensuring children are actually protected in that process," he said.

He says it shows a lack of appropriate early intervention polices.

The report also calls for more support programs for parents with drug or alcohol problems, as well as mental health assistance for children.

Related:

Child removal rate similar to Stolen Generations
A Queensland Government report shows Aboriginal children are being removed from their families at a rate similar to the Stolen Generations of the 1920s.

Parents lack life skills, means, time: Stanley
ONE in five Australian parents are poor caregivers because they don't have the means or life skills, child health expert Professor Fiona Stanley says.

Mental illness more prevalent among youth
A new report on children's health shows that young people's mental health may not be improving, as was previously thought.

Taking the scalpel to DOCS
Overloaded on one front, the state's child protection agency fails all. When the body of a boy was found in a suitcase last year, and a girl was later found starved to death, the State Government could no longer ignore the calls for a major inquiry into the state's child protection system.

Formal sorry to child abuse victims
The Mullighan Inquiry recently exposed hundreds of cases of abuse, some dating back to the 1960s. Commissioner Ted Mullighan called it a foul undercurrent of abuse in SA institutions.

Principals agree: cut out social subjects
"The curriculum is far too crowded and we know from our research that not all schools can do what is being asked of them," she said. "The social responsibilities being placed on primary schools are ever increasing, taking time and resources away from our core business."

Friday, 19 September 2008

DISGRACEFUL A.C.T. PRISON OFFICIAL VISITOR APPOINTMENT

“Justice Action condemns the A.C.T Stanhope Government for its attempt to stifle prisoners’ complaints before it has its first prisoner.

The selection of an ex-policeman to receive their trust is disrespectful to the general community. It is like offering a fox to look after chickens. Prisoners won’t use him” said spokesperson Brett Collins.

“The arrogant lack of consultation with the concerned community – specifically the sixty five organisations and individuals making up the Community Coalition on Corrections has allowed this outrageous appointment to happen. An Aboriginal ex-policeman is especially compromised, having had to enforce a system imprisoning fourteen times as many of his people” said Mr Collins.

“The Official Visitor position is specifically designed by s.58(3) of the Act to be independent of the Government. It is Official Whistleblower with entitlement to inspect the prison at any time. In NSW there is a long history of intimidation of OV’s including the 2005 sacking of the Inspector General who coordinated them. The position is always contentious given the misery of a prison and the sick people isolated from their families’ support” said Kat Armstrong.

“This cynical appointment is another government lie, like the trumpeted human rights, family-friendly prison. Instead it is guaranteed to become a social blight on the ACT landscape, incubating our social problems and spewing out degraded and isolated people less able to cope than before.

Can we have some openness and honesty please Mr Stanhope?” asked Mr Collins.

For comment: Brett Collins 0438 705003
Kat Armstrong 0428 312035

Wednesday, 17 September 2008

Greens introduce territories euthanasia bill

Greens leader Bob Brown says he is confident Federal Parliament will pass a bill he is introducing in the Senate today to give the territories the right to make euthanasia laws.

Senator Brown has called on the major parties to allow a conscience vote but he says it is not yet clear if that will happen.

The bill would not restore the original Northern Territory euthanasia law but instead give the NT and ACT the power to make new legislation if they choose.

Senator Brown is calling for the major parties to allow a conscience vote.

"I think Kevin Rudd may be inclined that way but that's not clear yet and we have a new leader of the Opposition, Malcolm Turnbull so I'll be approaching [him], so that we have the legislation hopefully pass the Senate and then go to the House of Representatives," he said.

Senator Brown says that would restore the territories' democracy.

"It's constitutionally sound, it's democratically right, and it may have very very profound positive social outcomes," he said.

"I feel confident that this will get through the Senate and am very hopeful it will also get through the House of Representatives before Christmas."

Related:

Group calls for further study of euthanasia bill
The group Dying with Dignity, says Victorian Parliament has gone against public sentiment, in voting against the Physician-Assisted Dying bill.

Euthanasia bill may go to conscience vote
A Senate inquiry has recommended parliamentarians get a conscience vote on a private member's bill designed to revive the Northern Territory's euthanasia legislation.

Mercy killing verdicts reignite euthanasia debate
A euthanasia advocate is appealing for changes to the law after two women were yesterday found guilty of the manslaughter of an Alzheimer's disease sufferer. Shirley Justins, 59, was found guilty of the manslaughter of her partner Graeme Wiley, who died from an overdose of the euthanasia drug Nembutal in his northern Sydney home in 2006.

Monday, 15 September 2008

HIV sex worker jailed


Hector Scott been sentenced to two months and 14 days in jail.

A Canberra man who worked as a prostitute while infected with HIV and hepatitis C has been sentenced to less than three months in jail.

Hector Scott, 42, pleaded guilty to operating a commercial sexual service from his Kingston flat last year while knowingly being infected with HIV.

As a public health measure, the ACT health department contacted nearly 500 people known to Scott.

Forty-three of them admitted to having a sexual encounter with him and were urged to be tested for HIV.

Magistrate John Burns said it was impossible to know whether Scott had unprotected sex with any of his clients.

But he said Scott's breach of the prostitution act was very serious because he chose to put others at risk for his own commercial benefit.

Magistrate Burns sentenced him to two months and 14 days in jail and a two year good behaviour order.

Tuesday, 9 September 2008

Whistleblowers hung out to dry: report

A national study led by Griffith University says fewer than 2 per cent of public interest whistleblowers get support from their government agency.

It says there is a huge gap that needs to be filled to prevent mistreatment of workers.

Over 7,500 public servants from more than 100 government agencies around the country were interviewed for the three-year project.

Project head Dr AJ Brown said that around a quarter of all whistleblowers within the public sector say they have been mistreated.

"It's an inherently difficult issue to manage, and inherently stressful, so the question is how do we actually lift the bar on making sure that there are better outcomes for a higher proportion of those conscientious public servants," he said.

"We've got clear evidence from the research that people who do find it more stressful than it need be and who get mistreated are less likely to do it again.

"And clearly send the message throughout the organisation is that this is not an organisation where it's safe to blow the whistle."

Dr Brown says Australia's laws are lagging behind other more progressive countries, such as the United Kingdom, and there needs to be stronger Commonwealth legislation to protect whistleblowers and serve the public interest.

"It's almost impossible in a large number of cases to separate out what might be a private motivation from the public interest content of what it is that people are disclosing," he said.

"[This is] one of the reasons why there needs to be strong legislation and strong systems within agencies to help guide the whistleblower and the agency through the process of sorting the wheat through the chaff and making sure that responsible action is taken on those matters which it does need to be taken."

The Federal Government says it is considering a new report which has found whistleblowers in the public service need greater support and protection.

Special Minister of State John Faulkner says no changes will be made until a Parliamentary inquiry into the current laws reports back in February next year.

"The report will help to inform the Government's consideration of changes to our public interest disclosure system, providing very useful input as we work out the best way forward," he said.

The Federal Government expects to draft national whistleblower legislation some time next year after a parliamentary inquiry reports its findings in February.

Wednesday, 3 September 2008

School attendance and welfare: Amnesty


School attendance and welfare: another blow to human rights

Last week, the Australian Government introduced legislation linking school attendance with welfare payments. Under the new legislation, if children don’t go to school regularly, their principal carer could have their welfare payments stopped for up to three months. The 3-year trial will begin at the start of the ‘09 school year in six Aboriginal communities in the Northern Territory.

The way that the policy is being implemented specifically targets Indigenous people without seeking to adequately address the underlying causes of Indigenous disadvantage.

Successive Australian Governments have failed to meet their international human rights obligations to Aboriginal and Torres Strait Islander peoples and consequently, Aboriginal Australians are denied rights to the highest attainable standard of health, adequate housing, an adequate standard of living and freedom from discrimination. These failures contribute to Aboriginal children's lower levels of engagement with the education system and are not adequately acknowledged by the governments new policy.

As such, it's questionable whether the policy will actually work. This model has been tried before, notably in Cape York, in parts of WA and through the NT Intervention. The evidence shows that quarantining welfare will have little effect on whether children go to school.

An issues paper by the Australian Education Union shows that the programs that work combined sanctions with case management, supportive services and positive financial incentives. Even those programs showed limited success and this was attributed to the case management, not the welfare quarantining.

Not only that, but evaluations of the trials found that illness rather than truancy was the major cause of absence rather than truancy, and ACOSS cites other factors for absence, which include "a lack of basic education and support services in some areas, poor quality education programs, bullying, insecure housing and health problems affecting children and families."

The most appropriate policy response is one that protects all human rights. It must seek to repair the cumulative effects of the history of rights violations, poverty, exclusion and discrimination and emphasise the restoration a sense of empowerment and dignity not just in the punishment of truants but in the sense of community engendered by the school. Only then will children go to and stay in school.

Related:

No school, no cash 'hardline' benefits plan
Withholding welfare payments is unlikely to fix the causes of family dysfunction: Australian Council of Social Service. Families face losing their welfare for three months if their children continually skip school, under legislation to be introduced to Federal Parliament this week.

NT election turnout lowest in 20 yrs
The raw final figures from the Northern Territory election have revealed the lowest level of voter turnout in at least the past two decades.

Indigenous welfare quarantine scheme gets go ahead
Parents in four Cape York Indigenous communities could soon have their welfare payments quarantined if they do not take care of their children and homes and do not stay out of trouble with the law.

Union calls for $2.9b to fund education shortfall
The Education Union is calling on the Federal Government to provide an extra $2.9 billion in funding for public schools.

Retailers' warning on welfare card shop spies
EMPLOYEES across the country will be at risk of entrapment by government "spies", retailers have warned, under a Federal Government proposal to control fraudulent use of a new welfare debit card.

Abandon NT intervention: Commissioner
The Northern Territory's Anti-Discrimination Commissioner Tony Fitzgerald says the Federal intervention into remote Aboriginal communities should be abandoned and the legislation underpinning it should be repealed.

Income management extended for NT

Federal Indigenous Affairs Minister Jenny Macklin has announced income management will be extended for up to a year in four Northern Territory Aboriginal communities.

Aborigines want end to NT intervention
Thousands of Aborigines are petitioning to have the Northern Territory intervention abandoned.

Monday, 1 September 2008

French sworn in as Chief Justice


Robert French replaces Murray Gleeson who retired last week.

Robert French has been sworn in as Chief Justice of the High Court at a special sitting of the court in Canberra.

Justice French is the first Western Australian to head the court and is well known for his work on Aboriginal rights.

He chaired the Native Title Tribunal for four years and helped establish the Aboriginal Legal Service in WA in the 1970s.

Law Council of Australia president Ross Ray paid tribute to Justice French's early career.

"Your law firm practice was extraordinarily diverse and you did a substantial amount of work without fee," he said.

"You found it hard to say no.

"It's said that Your Honour took to a new level the tradition in the Australian legal profession of putting back into the profession and into the administration of justice significant voluntary and informal pro bono work."

Federal Attorney-General Robert McClelland told the ceremony, Justice French has an outstanding reputation as a jurist.

"You are renown for combining your technical legal excellence with a wide interest in broader social and economic issues," he said.

"As a result of your experience at the National Native Title Tribunal, Your Honour has had first hand exposure to cultural diversity and the particular problems facing Indigenous Australians."

Monday, 25 August 2008

No school, no cash 'hardline' benefits plan


Withholding welfare payments is unlikely to fix the causes of family dysfunction: Australian Council of Social Service.

Families face losing their welfare for three months if their children continually skip school, under legislation to be introduced to Federal Parliament this week.

Under the Federal Government's proposed scheme, regular school attendance will become a condition for receiving all welfare except the Family Tax Benefit.

If the legislation is passed a pilot scheme at eight schools will begin next year.

This morning Prime Minister Kevin Rudd said that the Government made no apologies for the hardline approach.

Mr Rudd says his Government's priority is making sure that all children go to school.

"We think this conditionality - that if individual families are in receipt of income support payments the regular attendance at school by their kids is a necessary precondition - is the right way to go," he said.

"We need, in order to compete with the rest of the world, to boost our current school retention rate from 75 per cent to 90 per cent by 2020, [but] we have real problems of school non-attendance in Indigenous communities and also school non-attendance on the part of certain other kids as well.

"You've got to take a hardline approach."

But welfare authorities have criticised the plan.

Australian Council of Social Service president Lin Hatfield Dodds says there are various reasons why students do not go to school.

She says withholding welfare payments is unlikely to fix the causes of family dysfunction.

"[One issue] is chaos in families' lives," she said.

"Is there anybody around in the morning to help the child get to school?

"If there isn't, and if the family for whatever reason is in a high degree of chaos, then it's unlikely that turning off the income tap to a degree for 12 weeks is going to make any difference in that regard."

Ms Hatfield Dodds says there is no evidence that such a plan would help reduce truancy rates.

"As far as we're aware in the community sector there isn't really any evidence either in Australia or from overseas that involuntary income management actually works on any dimension," she said.

"It's difficult to see how it is going to address the causes of the crisis and chaos in family lives that result in this kind of experience for children."

She says the Government should instead make support programs available to more families.

"So if there's an issue with the parenting, let's wrap some parenting support programs around. If there's alcohol, other drugs, violence - if those things are an issue in the family's life in the adult's life - then let's try and go to the core of those issues.

"With all of these programs there is a strong evidence base for and we know they actually work we know they get results.

"The problem is out there in the community, particularly in areas that are locationally disadvantaged, is that those programs are simply not available to people."

Govt to trial welfare cut scheme in NT, WA

The Federal Government has Western Australia and the Northern Territory on board to trial its new program to cut welfare payments to the parents of children who do not go to school.

Parents in the trial areas who receive income support will be required to prove to Centrelink that their children are enrolled and schools will also be asked to provide attendance information.

The Greens have condemned the scheme.

Senator Rachel Siewert says the Greens do not support an approach which is punitive.

"It won't generate the outcomes they say it will," she said.

"What are they going to do about the children that aren't coming from low-income families or families on income support?

"This is about punishment, it's not about an education revolution that the Deputy Prime Minister is talking about."

Related:

NT election turnout lowest in 20 yrs
The raw final figures from the Northern Territory election have revealed the lowest level of voter turnout in at least the past two decades.

Indigenous welfare quarantine scheme gets go ahead
Parents in four Cape York Indigenous communities could soon have their welfare payments quarantined if they do not take care of their children and homes and do not stay out of trouble with the law.

Union calls for $2.9b to fund education shortfall
The Education Union is calling on the Federal Government to provide an extra $2.9 billion in funding for public schools.

Retailers' warning on welfare card shop spies
EMPLOYEES across the country will be at risk of entrapment by government "spies", retailers have warned, under a Federal Government proposal to control fraudulent use of a new welfare debit card.

Abandon NT intervention: Commissioner
The Northern Territory's Anti-Discrimination Commissioner Tony Fitzgerald says the Federal intervention into remote Aboriginal communities should be abandoned and the legislation underpinning it should be repealed.

Income management extended for NT

Federal Indigenous Affairs Minister Jenny Macklin has announced income management will be extended for up to a year in four Northern Territory Aboriginal communities.

Aborigines want end to NT intervention
Thousands of Aborigines are petitioning to have the Northern Territory intervention abandoned.

Wednesday, 20 August 2008

Indigenous population hits 500,000


Population mark: An ANU expert says the Indigenous population is back to 1788 levels.

New figures from the Australian Bureau of Statistics say Australia's Indigenous population has reached 500,000, or 2.5 per cent of the total population.

John Taylor from the Australian National University says the increasing population is partly due to a high Indigenous birth rate.

But he also says the Indigenous population is increasing because more people are willing to identify themselves as Aboriginal or Torres Strait Islanders.

"The lower end of estimates of population of the continent in 1788 was half a million. So you could look at this, in a way, as saying we've arrived back at the beginning, so to speak," he said.

Last Aboriginal massacre remembered 80 years on

A bloody part of central Australia's history will be remembered today as a plaque is unveiled to commemorate the last recorded massacre of Aboriginal people.

The violence was sparked 80 years ago, when a dingo trapper was killed by a Warlpiri man, 350 kilometres north-west of Alice Springs, sparking a series of reprisal killings.

It is believed Fred Brooks was killed by the Warlpiri man for stealing his wife and not paying him his rations.

Thirty people were killed in the 1928 Coniston massacre across six sites north-west of Alice Springs, although unofficial numbers claim a much higher toll.

Descendants from both sides of the conflict are expected at Baxter's Well, east of Willowra, for a remembrance ceremony.

Jeannie Herbert, a Warlpiri interpreter who has researched the massacre, says people still talk about the 1928 massacre as if it happened yesterday.

"It is really, really painful to remember. Many of our people were killed and nobody has really listened to them," she said.

She says the unveiling of the plaque is an important time to remember the dead.

"We'd all like to go there to that commemoration area, we'd like to go there," she said.

"My family's at Willowra from my grandfather and grandmother's people.

"We really want to help our people, to educate them and maybe to remember the Coniston massacre."

Indigenous prisoner numbers on the rise: report


Indigenous people make up 28 per cent of the prison population.

A new report reveals a rise in the number of Indigenous people being jailed since the landmark Royal Commission into Aboriginal deaths in custody 20 years ago.

The Australian Institute of Aboriginal and Torres Strait Islander studies says in 1989, Indigenous people made up 14 per cent of the prison population.

That figure has now risen to about 28 per cent, although the number of deaths in custody has fallen. [What was it anyway? And fallen by how much do you say? Problem with the ink?]

The Institute's Steve Larkin says researchers are now trying to pin-point the reasons for the rising rate of imprisonment.

"When people don't have good health, when people are living in poverty, when people don't have access to a good education, don't have good employment outcomes, there seems to be a strong correlation between those sorts of factors and high rates of incarceration and offending," he said.

Related:

NT election turnout lowest in 20 yrs
The raw final figures from the Northern Territory election have revealed the lowest level of voter turnout in at least the past two decades.

Greens to amend Stolen Gen comp bill
The Australian Greens' spokeswoman for Indigenous issues says the party will be amending and re-introducing a Stolen Generations compensation bill to the Senate before the end of the year.

Aboriginal coalition gives Govt health petition
A coalition of human rights, health and Aboriginal groups has presented the Government with a set of targets it says are necessary to improve the life expectancy of Indigenous Australians.

Aborigines want end to NT intervention
Thousands of Aborigines are petitioning to have the Northern Territory intervention abandoned.

Constitutional recognition for Arnhem Land
An Indigenous leader has asked Mr Rudd to recognise the rights of the people of Arnhem Land and has also called for full control of the land and waters.

Govt moves to take native title claims out of the courts

Lengthy court battles over native title claims could be done away with if the Commonwealth, state and territory governments have their way.

New NT laws: 'more Aboriginal people jailed'
The Australian Council for Civil Liberties says more Aboriginal people will go to jail under proposed mandatory sentencing laws in the Northern Territory.

NAIDOC week to focus on Indigenous inequalities
A series of events to mark the contribution of Australia's Indigenous people will be held across the country this week.

Income management extended for NT

Federal Indigenous Affairs Minister Jenny Macklin has announced income management will be extended for up to a year in four Northern Territory Aboriginal communities.

Intervention delivering 'empty shipping containers, no houses'
A member of the Maningrida community in the Northern Territory's Arnhem Land says he cannot see any infrastructure changes as a result of the emergency intervention, and wants to know where the money has been spent.

Abandon NT intervention: Commissioner
The Northern Territory's Anti-Discrimination Commissioner Tony Fitzgerald says the Federal intervention into remote Aboriginal communities should be abandoned and the legislation underpinning it should be repealed.

Stolen generation compensation ruled out
A FEDERAL parliamentary committee has recommended a "healing" fund be set up to help members of the stolen generations, but knocked back the suggestion of compensation payments.

Budget to roll out new welfare card
Welfare plan: The new card will be initially rolled out in NT Indigenous communities. The Australian Council of Social Service (ACOSS) says the Rudd Government's proposed welfare debit card is not the best way to help struggling families.

Racism to blame' for Aboriginal health problems
The Australians for Native Title and Reconciliation (ANTAR) group says racism is directly to blame for many health problems in the Aboriginal community.

Police cannot cope with backlash
Chief Minister, Paul Henderson, has warned the Federal Government that many indigenous people displaced by the emergency intervention are creating unrest and straining police capacity.

2020 Indigenous youth delegate calls for national body
An Indigenous youth representative at this weekend's 2020 summit says a new national Aboriginal body should be created to avoid some of the add-hoc policies surrounding the federal intervention.

Call for new indigenous body
Former ATSIC Commissioner Klynton Wanganeen says he will raise the idea of a new national body to represent indigenous communities at the 2020 Summit.

Roxon signs off on Indigenous health pledges

Indigenous Australians will have access to the same health services as the rest of the population by 2018, under a Federal Government plan.

Discrimination Act should apply to intervention: Calma
The Aboriginal and Torres Strait Islander Social Justice Commissioner wants the Racial Discrimination Act immediately reinstated in the Northern Territory's Indigenous communities.

Porn ban in Indigenous communities 'racist'
The Australian National Adult Retail Association (Eros) says the Federal Government's ban on X-rated pornography in Aboriginal communities is pointless, racist and should be revoked.

Retailers' warning on welfare card shop spies
EMPLOYEES across the country will be at risk of entrapment by government "spies", retailers have warned, under a Federal Government proposal to control fraudulent use of a new welfare debit card.

Union urges PM to act on Stolen Generations promise
The Australian Education Union (AEU) wants the Federal Government to follow Prime Minister Kevin Rudd's apology to the Stolen Generations with a significant funding boost for Indigenous education in the Northern Territory.

Union calls for $2.9b to fund education shortfall
The Education Union is calling on the Federal Government to provide an extra $2.9 billion in funding for public schools

Govt, union defend remote community schooling
The Centre for Independent Studies says Aboriginal students in the Northern Territory are finishing school with the numeracy and literacy skills of five-year-olds.

Aboriginal delegation heads to UN
The National Aboriginal Alliance is taking its concerns about the Northern Territory intervention to the United Nations

Indigenous welfare quarantine scheme gets go ahead
Parents in four Cape York Indigenous communities could soon have their welfare payments quarantined if they do not take care of their children and homes and do not stay out of trouble with the law.

Union urges PM to act on Stolen Generations promise
The Australian Education Union (AEU) wants the Federal Government to follow Prime Minister Kevin Rudd's apology to the Stolen Generations with a significant funding boost for Indigenous education in the Northern Territory.

Aboriginal inmates '22pc and rising' of prison population
The Cooperative Research Centre for Aboriginal Health says new research is urgently needed to address the worsening rate of Indigenous incarceration.

Thursday, 31 July 2008

Burrell to appeal again over Whelan murder


Appeal to be re-heard: Bruce Burrell

The High Court has ordered the New South Wales Court of Criminal Appeal to re-hear an appeal by convicted murderer Bruce Burrell.

Fifty-five-year-old Burrell is serving life in jail for kidnapping and killing Kerry Whelan, who was last seen outside a Parramatta hotel in May 1997.

The New South Wales Court of Criminal Appeal dismissed an appeal last year against Burrell's conviction, but it was later discovered that the decision included substantial factual errors that were not included in the trial.

The NSW Court upheld its original decision.

Today the High Court unanimously allowed Burrell's appeal and ordered that it be re-heard.

Related:

Burrell sentenced to life for Whelan murder?
In his defence, his lawyers argued that the prosecution case was based on speculative and intrinsically flawed circumstantial evidence. What's more, Bruce Burrell's lawyers pointed out there wasn't a shred of forensic evidence linking him to the crime. Not a single hair, not even a microscopic trace of Kerry Whelan's DNA was ever found, despite extensive searches of his cars and property. [But the jury's guilty verdict demonstrates that a strong circumstantial case can be sufficient to ensure a conviction?

TRIAL BY MEDIA! or trial by a Jury?
Once a person is charged there should be a media black ban on that case until a jury has found the person either guilty or not guilty. If the media have the power to elect our political parties then they also have the power to find people guilty. Especially people who are being tried over and over again. Now with no double jeopardy rules and majority verdicts in NSW then high profile cases have become susceptible to being tried by the media and not by the jury in my humble opinion.

Mouse Trap Game? Tried Until Guilty!
Two New South Wales Labor MPs have strongly criticised the Carr Government's proposed abolition of the 800 year old double jeopardy rule, which stops people being tried a second time for the same crime. The left-wing MPs have branded the reforms as dishonest and unjust in a formal submission to the Attorney-General's department.

Tuesday, 15 July 2008

Ex-AFP officer jailed for child porn

A former Australian Federal Police officer has been sentenced in the ACT Magistrates Court to 14 months in jail for accessing child pornography.

Michael Edward Hatch was one of about 100 people arrested as part of the country's biggest child pornography investigation, Operation Centurion.

The 38-year-old pleaded guilty to downloading 20 images depicting child pornography on his home computer.

Magistrate Karen Fryar identified Hatch as a prisoner-at-risk.

He will be eligible for parole in five months.

Sunday, 6 July 2008

Call for sexual abuse investigation


Dozens of alleged victims are launching civil action against other former teachers.

Former students of Canberra's Marist College are forming a lobby group to call for a full investigation into sexual abuse allegations at the school.

John William Chute, who taught at Marist under the religious name of Brother Kostka in the 1980s, is now behind bars for molesting students.

Dozens of alleged victims are also launching civil action against other former teachers.

Former student Mike Desmond says those who attended the school 20 years ago deserve to know the full extent of the sexual abuse.

"There's a lot of comment being passed around Canberra, or across Australia, just expressing discontent with the way things are going with what's happened, the general culture at Marist over the last 20 or 30 years," he said.

"Myself and a couple of ex-students thought it would be good to get together a forum or a group so we can discuss this and hopefully get some resolution for the victims."

Marist College Principal Richard Sidorko says the school has always encouraged students to come forward.

"We wanted anyone who was a potential victim or who had been a victim, their families, or others to come forward and to let us know, to make it known," he said.

"The other thing we did right from the start was to take an approach of openly and honestly communicating with the college community."