Showing posts with label states-and-territories. Show all posts
Showing posts with label states-and-territories. Show all posts

Monday, 22 December 2008

Judge to keep mentally ill man in jail

A mentally ill man has been jailed for another 12 months because the Northern Territory's top judge says there is no where else for him to go.

Christopher Leo, 28, has already spent 16 months in Alice Springs prison for the aggravated assault of a woman in August last year.

He was found unfit to stand trial but was found guilty in a special jury hearing last December.

Chief Justice Brian Martin says he had no choice but to keep Leo behind bars for another 12 months, as there was no support or housing facilities in the Territory to make him safe outside of prison.

But Leo's lawyer told the court jail had been very detrimental for him.

He says Leo tried to harm himself with a broom stick in January this year, and more jail time would hamper his ability to go back into society.

Justice Martin says it is "utterly unacceptable" there is no support or housing facilities for mentally ill people who commit minor offences, other than jail.

He says it is not good enough that the Territory has not been able to provide any accommodation or resources for the mentally ill, and this should not be so in a civilised society.

He says work to build resources and facilities for mentally ill people who commit minor offences needs to be in the pipeline by next year.

The judge says by the time the review is held in July, he expects resources and support will be available so Leo can be released into the community.

But he says even if building work on facilities started straight away, they will not be finished in time.

He ordered a transcript of today's Supreme Court proceedings to be sent to the Health Department, Department of Corrections and Director of Public Prosecutions.

The Territory Government says a housing plan which will address the lack of mental health facilitates will be released next year.

Housing Minister Rob Knight admits more needs to be done.

"A lot of people who are homeless have mental illness and need specific supported accommodation with specialised providers," he said.

"I guess we acknowledge there is an issue and there is a need there and while there are some services being provided, there is more services that need to be provided in the future."

A Territory lawyer says Leo is part of a growing list of people not receiving proper support.

Central Australian Aboriginal Legal Aid lawyer Mark O'Reilly says Leo has had a tough time over the past 16 months in maximum security at Alice Springs jail.

He told the Supreme Court today Leo is in a hopeless situation and the jail only has one officer to support all of its mentally ill inmates, including three men serving life imprisonment.

He says arrangements should have been made to put Leo into a suitable interstate facility in the time he had been jailed.

Friday, 19 December 2008

Victimised' whistleblower loses appeal

A former Customs officer found guilty of leaking classified information that exposed security breaches at Sydney Airport has lost an appeal against his conviction.

Allan Kessing applauded the 2005 leak of two Customs reports to The Australian newspaper but always maintained he was not behind it.

The leak prompted a big inquiry into crime and security at Australia's airports and led to a $200 million overhaul of procedures, but the whistleblower himself was last year given a nine-month suspended jail sentence for his actions.

Three Supreme Court judges reviewed Mr Kessing's case and announced today they had agreed to dismiss his appeal. The judges included Justice Virginia Bell, who was last week appointed to the High Court.

The retired 60-year-old says his legal bills will wipe out his superannuation.

"Not only did I not do it, it was patently obvious to anyone with half a brain who did do it," he said outside the Supreme Court today.

"I just cannot believe the decision's been reached.

"We're going to study the judgement or the reasons now but I'm just devastated. This is basically three-and-a-half years of my life that's just been crashed and it hasn't finished yet."

Mr Kessing could try to challenge his loss in the High Court but there is no guarantee the court will agree to hear the case or that he will be able to fund such an appeal.

"I have never been asked, 'Did you do this?' I've just sat there bemused by the whole thing," he said.

"It's pretty obvious why they needed a victim and I was the obvious one because I was retired and had no resources to fight it.

"My other colleagues would still be in the CPSU [Community and Public Sector Union] so they'd have the backing from that.

"They just needed a victim. They got one and who cares what happens to little people?"

Mr Kessing said the information was leaked because he and his colleagues were frustrated that reports they prepared was rejected.

He says the subsequent inquiry vindicated the findings of the reports but there has not been satisfactory change since.

"There was a report a few months ago saying that they've only just now got some new surveillance cameras in," he said.

"We're talking five years after the event. I wrote these reports in 2002, 2003.

"Five years later, they've finally managed to put up a few cameras but the actual procedures haven't changed."

Related:

Justice Kirby to be replaced by NSW judge
Justice Michael Kirby will be replaced on the High Court bench by the New South Wales Court of Appeal judge, Justice Virginia Bell.

Thursday, 18 December 2008

Gun laws fail safety test: Greens


THE latest domestic violence murder-suicide in Sydney should cause the Premier, Nathan Rees, to change gun laws immediately so that women [people] at risk from their estranged partners are better protected, the Greens MP Lee Rhiannon said.

Mr Rees met the National Coalition for Gun Control yesterday after agreeing to review gun laws that had made it easier for [people] men who had been the subject of apprehended violence orders to regain their licences.

"We've had a very useful discussion that canvassed a wide range of matters. We'll give a considered response to the Coalition. But I have agreed to keep up contact with them and meet with them on a regular basis," Mr Rees said.

Under NSW law, anyone who became the subject of an AVO had to wait 10 years after it expired to reapply for a gun licence, but an amendment moved by the Shooters MP Roy Smith, and approved this month, waived the 10-year waiting period.

Ms Rhiannon said although John Kudrytch, 39, who shot his former wife, Melissa Cook, 29, at a BP service station in Casula on Tuesday, did not appear to be a registered gun owner, Mr Rees needed to overturn the amendment.

[If John Kudrytch did not appear to be a registered gun owner, then why is he being used here as an example to some law that won't change his circumstances, either before or after the fact that he killed his former wife with a gun? Why not clamp down on illegal guns? Or gun use in general? Also if Kudrytch didn't use a gun would he have killed his wife with something anyway?]

Ms Rhiannon: "The Premier's review of gun laws should ask why laws put the onus on the AVO subject to surrender his/[her] gun to police rather than require police to proactively seize the firearm. Tragedies like this are becoming more prevalent with the increasing number of firearms in circulation."

[The premier should review why the man had a gun and put the onus on the illegal gun owners to surrender his/her illegal gun.]

Ms Rhiannon: She said the weakening of gun control laws by the Shooters Party, with the support of major parties, could result in more accidents, deaths and suicides from guns.

[Either Ms Rhiannon and the Kudrytch murder suicide is being exploited by the Sydney Morning Herald or Ms Rhiannon?]

[Yesterdays headline from the SMH would strongly suggest media manipulation by SMH: Police probe how killer husband got gun - Breaking News - National ...17 Dec 2008 ... Police investigating the murder of a woman gunned down by her estranged husband will investigate how he got hold of a gun. - 14 hours ago -]

Quote: The weakening of the Sydney Morning Herald's article in relation to the gender blame game is preventing their ability to a balanced article in relation to solving the problem at the root. For some reason they seem to think only men commit crime using guns? Why is that? Then they go on to use the wrong example to attack gun laws? Why is that?

Related:

3yo grazed by bullet in drive-by shooting
A three-year-old boy has been grazed by a bullet during a drive-by shooting at Blacktown in Sydney's west.

Estranged husband shoots wife dead
A woman who was shot dead by her estranged husband in Sydney's south-west yesterday had taken out an apprehended violence order against him, police said.

Police shoot teenager dead in stand-off
'Just a scared little boy'...Tyler Cassidy, who was shot dead.

Domestic murders hit 10-year high
The New South Wales Government is being urged to hold an immediate review into domestic violence homicides, with the number of women and children killed in NSW at its highest level in almost a decade.

Anti-violence plan for children
A Federal Government agency is developing a plan for anti-violence education programs for children.

Amnesty: 334 Taser Deaths Since 2001 And back in the United States, Amnesty International is calling for new limits on the use of taser stun guns by law enforcement officials. In a new report, Amnesty says 334 people have been killed by taser weapons since 2001. 90 percent of the victims were unarmed and did not appear to present a serious threat. Some of the people to be shocked by taser weapons include schoolchildren, pregnant women and an elderly person with dementia.

Election spending spree eroding trust: senator

AN ELECTION campaign spending "arms race" is leading the two main political parties to rely more heavily on donations from businesses, wealthy individuals and interest groups, eroding public trust in the political system, the Special Minister for State, John Faulkner, says.

Releasing a green paper on electoral law reform yesterday, Senator Faulkner said campaign fund-raising in recent years had created perceptions that donors were able to exert undue influence over politicians.

"The perception of undue influence can be as damaging to democracy as undue influence itself," Senator Faulkner said.

"It undermines confidence in our processes of government, making it difficult to untangle the motivation behind policy decisions.

"Electors are left wondering if decisions have been made on their merits."

Senator Faulkner said the Federal Government was determined to have legislation regulating election funding in place before the next federal poll and was considering measures ranging from banning donations to boosting taxpayer funding.

The green paper argues that donations, campaign spending and public funding are all linked as spiralling spending on electioneering means public funding accounts for just 20 per cent of the Labor and Liberal parties' financial resources.

It estimates the ALP's campaign spending has increased from $4.1 million in 1984 to $19.4 million in 2004 while the Liberal Party's spending rose from $4.2 million to $22 million.

After taking inflation into account, this represented real increases of 116 per cent and 136 per cent, respectively.

The paper says spending by political parties could be capped, reducing the incentive to raise money from private donations.

The paper points to the British system where parties cannot spend more than £20 million ($45 million) in the year before an election and to the US where parties can agree to limit spending in return for public funding.

Caps could be imposed on the size of donations with a view to reducing the influence of large donors. Donations from property developers, organisations that seek government contracts, lobbying firms or tobacco, alcohol and gaming companies could be banned.

Alternatively, all private donations could be banned in conjunction with increased public funding.

The paper says a key challenge is the growing influence of so-called third parties - interest groups that spend significant sums campaigning - such as the ACTU which funded advertisements against the former Howard government in the lead-up to the 2007 election.

Senator Faulkner said the Government would consider public comments on the paper. He would also continue discussions with state and territory governments about similar reforms at a state level.

A spokeswoman for the NSW Premier, Nathan Rees, said he welcomed the green paper because he was committed to making his Government more transparent and accountable.

Quote: "The perception of undue influence can be as damaging to democracy as undue influence itself," Senator Faulkner said. Unquote.

The argument that the two parties Lib/Lab represent opposed ideals and policies, one, perhaps, of the Right and the other of the Left, is a foolish idea acceptable only to the doctrinaire and academic thinkers. Instead, the two parties should be almost identical, so that the Australian people can 'throw the rascals out' at any election without leading to any profound or extreme shifts in policy?

Monday, 15 December 2008

RailCorp corruption 'extraordinary'

The role of the NSW Minister for Transport, and the RailCorp CEO and board, must be reviewed to "better ensure financially responsible management that would limit the opportunity for corruption", says a damning report released today by the Independent Commission Against Corruption.

The ICAC today made 40 recommendations to combat the corruption that has stripped RailCorp of more than $21 million in improperly awarded contracts and kickbacks to staff in just three years.

"The very structure of the organisation and the way it operates allows and encourages corruption," ICAC commissioner Jerrold Cripps, QC, said in the report.

"The investigation has exposed an extraordinary extent of public sector corruption," the report said.

"The investigation and findings entitle the commission to infer that the type of corruption exposed extends beyond those individuals identified in this investigation."

An ICAC statement released with the report says the very structure of the organisation allowed graft and fraud to flourish.

"The report describes record-keeping at RailCorp as shambolic and says that its form of contracting, process design, reporting arrangements, management competence, culture and oversight arrangements all contribute to endemic corruption in the organisation."

ICAC's eighth and final report on its Investigation Into Bribery And Fraud at RailCorp says the investigation "exposed an extraordinary extent of public sector corruption".

"Corrupt employees appeared to be confident that they would not be caught or if they were, that not much would happen to them," the report said.

In the seven reports that ICAC has released so far, it has recommended more than 660 charges against 33 rail staff members and contractors. It made 97 findings of corruption against 31 people.

After two years of investigation and nine weeks of hearings, the RailCorp inquiry is the biggest since ICAC was formed in 1988.

It followed six other inquiries into the NSW railways since 1992.

A major investigation 10 years ago focused on the same areas of procurement, maintenance and plant hire that formed the core of the current investigation.

But the corruption prevention mechanisms established as a result did nothing to prevent the same unethical behaviour from staff. It also appears to have failed to limit relationships forming between private contractors and the staff who sign off on sometimes lucrative contracts.

[Sources say] senior Government officials have been working on a formal response by cabinet for some months.

The last time there was a major inquiry into RailCorp was in the wake of the Waterfall derailment. In the fall-out from the McInerney report into the accident, two senior staff were axed, but the guillotine never fell on another six who were under review.

"Ultimately, responsibility for preventing corruption in this critical public organisation is shared by RailCorp's chief executive officer, the RailCorp board and the Minister for Transport," the statement says.

"It is incumbent on them to break with past practices and improve oversight and action regarding corruption prevention.

"The commission recommends that the responsibilities of the proposed RailCorp Advisory Board, the RailCorp CEO and the Minister for Transport be reviewed to determine whether they need to be restructured to better ensure financially responsible management that would limit the opportunity for corruption."

Quote: When will the ICAC investigate rorts into Housing New South Wales? Most residents could inform the ICAC of some of the already known contractors who have very lucrative contracts that are endlessly repairing things that endlessly break - instead of fixing things properly and more permanently like, excessive fire services, checks and balances. Sending five people a year to check on 5 different things and automatic doors which break sometimes four or five times per week - doors that could be made less automatic and that don't break so many times every week.

Related:

Rail rorts: ICAC recommends charges
The Independent Commission Against Corruption (ICAC) has found another four RailCorp employees received large cash payments for awarding work to favoured contractors

Something is rotten in the state of NSW
IN 1998 the lid was lifted on the corrupt world of NSW railways, revealing that supplying prostitutes could win you a contract, fake medical certificates signed by a dead doctor would get you a day off work, and you could claim overtime while playing golf.

Friday, 5 December 2008

Alcohol ads must go: Della Bosca

THE NSW Health Minister, John Della Bosca, will seek tougher restrictions on alcohol advertising at a meeting of health ministers today as NSW hospital figures revealed a huge rise in the number of drunk young people being treated in emergency departments.

Mr Della Bosca said a Federal Government report found that a total advertising ban could reduce drinking by 25 per cent and road fatalities by 30 per cent. It could also cut the social costs of alcohol abuse by $3.86 billion.

"The Garling report, released last week, advises that we need to focus on prevention when dealing with the health and well-being of children and young people.

"We need to avoid creating a new generation of binge drinkers and to do that we need to use preventive strategies such as restricting alcohol advertising.

"The cost of alcohol abuse to the community nationally is estimated to be more than $15 billion, which is mostly made up of sickies, road accidents and health care."

Mr Della Bosca said he would call for tougher advertising restrictions at the Australian health ministers' conference in Brisbane.

"According to NSW Health data, since 2000, the biggest increase in alcohol-related emergency department admissions has been among 18 to 24-year-olds, up 130 per cent, while female admissions within that group have risen 200 per cent.

"While law enforcement and licensing controls are powerful means to target alcohol abuse, related crime and antisocial behaviour - and NSW is taking strong action on this front by legislating mandatory 2am lock outs - we also need preventive strategies."

Mr Della Bosca said a National Drug Strategy Household Survey found that more than 72 per cent of people aged 14 or older supported a blanket ban on alcohol advertisements. Almost half supported banning alcohol sponsorship of sporting events.

"Alcohol advertising is among the most sophisticated and persuasive I have seen and it is increasingly clear alcohol companies are not prepared to take a responsible approach on this matter.

"Anyone sitting down to watch the cricket on TV this summer is bombarded with an endless stream of advertisements for beer and spirits. It is time we took the influence that alcohol advertising can have on our younger people seriously."

Related:

Alcohol-related hospital visits rise
Alcohol-related hospital visits rocket, with young women the worst.

Brumby confronts booze culture on streets
Victorian Premier John Brumby has toured some of Melbourne's most notorious nightlife strips as his government plots its next move against rising alcoholism and street violence.

Message on a bottle for binge drinkers
BOTTLES of alcoholic drinks could soon carry graphic pictures warning of the dangers of excessive alcohol consumption as part of the Federal Government's latest series of measures to cut down on under-age and binge drinking.

Alliance tackles drunken violence
THE TOLL of alcohol-related violence has reached the point where one in five Australians now say they have been directly affected or know someone who has been affected by this type of violence, a new survey shows.

Binge drinking teens: 'two deaths a week'
South Australia's Drug and Alcohol Service says there are about two deaths a week in Australia involving young people who have been binge-drinking.

Calls for binge warnings on alcohol packaging

The Public Health Association (PHA) says warnings about the dangers of binge drinking should be pasted on all forms of packaged alcoholic drinks.

Thursday, 4 December 2008

State provocations, security and Socialist Alternative

The failure of the protest organisation Socialist Alternative (SA) to issue any serious response to revelations that a police agent provocateur spent a considerable period of time working within their ranks provides a revealing insight into the class character of the organisation and the opportunist nature of its politics.

Last month the Age reported that a police agent targeted a number of political and protest groups. According to the newspaper, Socialist Alternative was the first organisation to be infiltrated, at some point in 2006. In September 2007 the cop travelled to Sydney with a SA contingent for antiwar protests held as US President George Bush attended the Asia-Pacific Economic Cooperation (APEC) summit.

The provocateur's unit, the Victorian Security Intelligence Group (SIG), is primarily responsible for counter-terrorism activities. Another SIG covert agent—Security Intelligence Operative 39—befriended Muslim cleric Abdul Nacer Benbrika, offered him ammonium nitrate, and demonstrated how to detonate a small quantity of the explosive. This exercise in entrapment helped ensure the recent convictions of Benbrika and six other men on terror charges.

In an article on November 15, the World Socialist Web Site noted: "While details of the SIG agent's activities in Socialist Alternative and the other protest organisations remain scant, there is no reason to believe that the modus operandi was any different to that of Security Intelligence Operative 39—infiltrate and gain influence in pursuit of a prosecution and conviction based on provocation and entrapment."

("Police provocateur infiltrates political and protest groups in Australia")

We explained: "The two-year operation represents an extraordinary abrogation by the state of the right of citizens to participate in public activities and join political organisations without fear of police harassment. It underscores the extent to which basic democratic rights and established legal norms have been torn up under the banner of the so-called war on terror. Political dissent—any form of disagreement with the existing social and political order—is now being effectively criminalised."

SA's response to the Age's revelations came in an article titled "Nothing new about cops spying on the left", posted on its web site on November 10 and also published in its printed magazine. The headline of this extraordinary article points to its central purpose. Rather than denouncing the police operation, explaining its political significance, and providing details on the agent's identity, activities, and modus operandi, the SA leadership's priority is to pre-empt any concerns about the incident among its membership, and within Melbourne's wider radical protest milieu.

Related:

David Hicks breaks his silence
The [framed ex-prisoner] says he is very worried that the controversial control order obtained by the Australian Federal Police (AFP) to restrict his activities may be extended.

ASIO officers should be prosecuted
The charges against Izhar Ul-Haque were withdrawn last year, after a Supreme Court judge ruled that two ASIO officers had been "grossly improper" and criminal in their interviews with the student.

Ex-CIA Officials Tied to Rendition Program and Faulty Iraq Intel Tapped to Head Obama’s Intelligence Transition Team John Brennan and Jami Miscik, both former intelligence officials under George Tenet, are leading Barack Obama’s review of intelligence agencies and helping make recommendations to the new administration. Brennan has supported warrantless wiretapping and extraordinary rendition, and Miscik was involved with the politicized intelligence alleging weapons of mass destruction in the lead-up to the war on Iraq. We speak with former CIA analyst Melvin Goodman and Michael Ratner of the Center for Constitutional Rights.

Police provocateur infiltrates political and protest groups
In a series of articles published last month, Melbourne's Age newspaper revealed that a covert police agent recently infiltrated several left-wing political and activist groups, including Socialist Alternative, Stop the War Coalition, Unity for Peace, and Animal Liberation Victoria. Beginning in 2006, the agent provocateur was involved in anti-Iraq war demonstrations—including last year's Asia-Pacific Economic Cooperation (APEC) protests in Sydney—animal liberation actions, and participated in planning meetings for a protest to be held against a weapons fair in South Australia.

Sydney terrorist-attacks linked to London bomb plot?
The masked terrorists cells who have committed violent Jihad bombings across Sydney who have blown up three ATMs early this morning, exploding machines in Clovelly, Chester Hill and Guildford have now been linked to another explosives-packed car found outside a nightclub near Piccadilly Circus in London on June 29, 2007.

Terrorist attacks - Cells strike Sydney’s ATM’s
Masked terrorists cells have committed violent Jihad bombings and have blown up three ATMs across Sydney early this morning, exploding machines in Clovelly, Chester Hill and Guildford.

There's never been a terrorist attack in Australia
Just yesterday an ATM was blown out of a wall though. Hole in wall' gang blow out ATM The damage caused when thieves blew away the brick wall of a North Ryde shopping centre to steal an ATM.

Not one shred of evidence, Haneef case
Federal police knew they had nothing to link Mohammed Haneef to terrorism, but pressed on regardless, writes David Marr.

ASIO agent watched my torture - Habib
"I had to stand for hours and hours on my toes, trying not to drown: Mamdouh Habib with his family in a Bankstown cafe, yesterday. From his left are his children Ahmed, Maryam, Moustafa and Hajer, and his wife Maha.

Thomas lawyers call for inquiry
Lawyers for Melbourne man Jack Thomas are calling for an inquiry into the conduct of the Australian Federal Police and Commonwealth Director of Prosecutions, in pursuing him on terrorism charges.

Concern over anti-terrorism laws
THE Haneef inquiry emerged briefly into daylight yesterday to hear the former chief justice Sir Gerard Brennan express concern that security laws are causing "too great an erosion of our fundamental rights".

Haneef's lawyer says inquiry is weak
The inquiry into Australian authorities' handling of the Mohamed Haneef case needs stronger powers to avoid becoming a "toothless tiger", the former terror suspect's lawyer says.

Stand down, lawyers tell Keelty
THE Australian Federal Police Commissioner, Mick Keelty, should stand down pending the outcome of the Clarke Inquiry into the handling of the Haneef case, the Australian Lawyers Alliance said yesterday.

Haneef to seek compensation
Greens...AFP needs to properly explain the reasons why it pursued the case against Dr Haneef. MORE than a year after a terrorism charge against him was dropped and more than $8 million later, the Australian Federal Police have finally confirmed they have cleared the Indian doctor Mohamed Haneef as a suspect.

Haneef advice ignored by Andrews: lawyers
Lawyers for former Gold Coast-based Dr Mohamed Haneef say they have obtained new documents showing former immigration minister Kevin Andrews ignored advice from his own department.

Haneef's lawyer wants secret dossier released
A lawyer representing former Gold Coast-based doctor Mohamed Haneef says a secret dossier used to cancel his client's visa contained no incriminating evidence against his client.

Haneef lawyers want more powers in probe
Lawyers acting for Mohamed Haneef want an inquiry investigating the failed terrorism case against him to be given the powers of a royal commission.

Haneef case evidence 'to remain secret'
The retired judge who is investigating the case of Dr Mohamed Haneef says much of the evidence he has received will have to remain secret.

AFP denied lawyer to Haneef: report

Mohamed Haneef's lawyers say the Australian Federal Police (AFP) repeatedly denied their client's request for a lawyer to be present during his first interview.

Legal experts to mull Haneef case
The head of the inquiry, retired Supreme Court judge John Clarke QC, says the forum will examine legislation as it applied to Dr Haneef.

Terror suspects held in 'repressive' conditions: lawyer
Lawyer Rob Stary who represented five of the men convicted of terrorism related offences said the conditions they were held in were 'repressive. He said the Government should review the anti-terror laws.

Key witness terrorism trial previously jailed
Outside the court, defence lawyer Rob Stary criticised Federal Attorney-General Robert McClelland for comments made while the trial was still underway.

'Traumatic, stressful' terrorism trial - lawyer

A lawyer for one of the men found not guilty in Australia's largest [scapegoat] terrorism trial has spoken about the effect of the long-running trial on his client and on his own life.

Contradictory verdicts in Australia’s largest terrorism trial
Australia’s largest and most protracted terrorist trial ended with distinctly mixed results last week in Melbourne. After a Victorian Supreme Court trial that ran for 115 days, the nine women and three men on the jury took nearly four weeks to reach their verdicts. While they found seven of the twelve defendants guilty of terrorist-related offences, they acquitted four others of all charges and were unable to reach a unanimous verdict on another, who now faces a lengthy re-trial.

Benbrika guilty on terrorism charges
A Victorian Supreme Court jury has found Abdul Nacer Benbrika guilty [Draconian Laws] of leading a terrorist group.

Jury discharged in terrorism book trial
Khazaal's barrister said his client wrote just two paragraphs in the book, with most of it written by other people.

Jury finds man guilty of terrorist book charge
A Supreme Court jury has found a man guilty of one terrorism-related offence and is still considering its verdict on a second terrorism-related charge.

Judge attacks disparity in laws
Justice Kirby was at the University of NSW last night to accept an honorary Doctorate of Laws for his ''eminent service to the community''.

Suspended sentence in winery terrorist plot
A Victorian grape grower who planned to blow up a rival winery in the state's north-east has been given a suspended sentence.

High Court rejects appeal against Thomas retrial
The High Court has rejected an application for an appeal by Melbourne man Jack Thomas against his retrial on terrorism-related charges.

Bill: Independent reviewer for terrorism laws
Two Liberal Senators have introduced a private member's bill calling for an independent reviewer of terrorism laws.

Push for overhaul of laws on terrorism
In a paper in Judicial Review he said that the National Security Information Act "gives the appearance of having been drafted by persons who have little knowledge of the function and processes of a criminal trial".

Hicks media gag order ends
As part of the deal, he was also banned from speaking to the media after his release in December 2007.

Court denies Lodhi leave to appeal
Lodhi claimed the trial did not establish that he had actually decided to carry out a terrorist attack.

Thomas to appeal retrial order
Lawyers for Victorian man Jack Thomas will appeal to the High Court against a decision to retry him on terrorism related charges.

Court orders retrial for Jack Thomas
The Court of Appeal has ordered that Victorian man Jack Thomas must be retried on terrorism-related charges.

Push for overhaul of laws on terrorism
In a paper in Judicial Review he said that the National Security Information Act "gives the appearance of having been drafted by persons who have little knowledge of the function and processes of a criminal trial".

Court denies Lodhi leave to appeal

Lodhi claimed the trial did not establish that he had actually decided to carry out a terrorist attack.

Terror trial halted over prison conditions
A Supreme Court judge has put a Melbourne terrorism trial on hold and ordered Corrections Victoria to change prison conditions of the 12 accused men

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.

Wednesday, 3 December 2008

Young at risk of homicide

Ten per cent of all domestic violence homicide victims were children under the age of 15, according to new figures to be released today by the Australian Institute of Criminology.

The figures show that although the overall number of homicides dropped between 2006 and 2007, the proportion of deaths attributed to domestic violence remained the same.

In about half the cases the perpetrators were known to police as domestic violence offenders.

The Minister for the Status of Women, Tanya Plibersek, said she was very concerned that the numbers of people dying as a result of domestic violence were not diminishing.

The Federal Government is due to shortly receive a draft report from the council it appointed to investigate ways to reduce the levels of domestic violence.

The[re is a] continuing high number of cases of murders resulting from domestic violence despite increased public awareness of the issue.

The institute's report shows there were 266 victims of homicide in Australia in 2007, a decrease of 45 from the previous year. About a quarter of the victims died as a result of domestic violence.

In 43 per cent of those cases the perpetrator has a history of domestic violence that was known to police.

More women perpetrating domestic violence: statistics

In the 12 months to September 2003 police recorded 4918 women as persons of interest for perpetrating domestic violence. By 2006-07 that had risen to 6056, figures from the Bureau of Crime Statistics and Research show.

Of the women arrested for domestic violence-related assault in the five years to last September only 32 per cent of the cases reached court, compared with 56 per cent of cases involving men, statistics show.

The bureau's director, Don Weatherburn, said the increase was likely to have been driven by more than one factor. Others could include an increase in binge drinking, or more men who were willing to admit they are victims.

"It's possible that people are becoming less tolerant of violence by females than they used to be," he said. More women are also being arrested for assault not related to domestic violence, which some attribute to a rise in alcohol abuse. Others say women can be as violent as men, and that in more than half of violent partnerships partners struck each other.

Related:

Domestic murders hit 10-year high
But when we write our article then we may need to leave out say, the statistics in relation to women who commit 'domestic murders'? That's if we are going to succeed changing public opinon that it's only the men. Another fact is that women don't commit domestic murders? Of course this is just a guess?

Bligh won't budge on smacking code
The Queensland Government says it will not change a controversial section of the criminal code that allows "reasonable force" to be used when disciplining children.

Anti-violence plan for children
Why not Violence Against ‘Everyone’ not necessarily just Against Women and their Children - If not then why not? This is supposed to be an article about educating children? Why educate children with a one sided view? Is it okay to violate men? The idea that we should only reduce Violence Against Women and their Children is a Zionist Tactic. Zionists maintain leverage by choosing to focus only on ‘women and children’ because that is how they undermine and divide the community the best. Anyone can search this blog under murder, violence, or domestic-violence and see that women also need help.

Police arrest a father over access dispute?
In a media report yesterday the ABC reported (see article below), that the police arrested a man over the abduction of children. But were these his children?

Court overcrowding 'inviting violence'
The Federal Government has been told that overcrowding at Newcastle Family Court is creating a volatile situation that invites acts of violence.

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

Year in detention 'excessive'


The lack of judicial review has meant that women and children had been held unreasonably, the report said.

Dissenters have broken away from a parliamentary group investigating Australia's immigration detention policy, arguing for more dramatic change including legal rights for detainees and a one-month cap on detention.

Conservative Liberal senator Alan Eggleston joined party colleague Petro Georgiou and Greens senator Sarah Hanson-Young in criticising the majority's 18 recommendations for not going far enough.

The unlikely splinter group wanted detainees to be granted immediate access to the courts. This would allow them to appeal for release when there were "no reasonable grounds that their detention is justified", a supplementary report prepared by the group said.

The lack of judicial review has meant that women and children had been held unreasonably, the report said.


Kids in Detention

The Government can detain people while immigration officials conduct health, security and identity checks. Beyond that, people deemed a risk to the community should only be held in detention for a maximum of a year, the committee majority said.

But the dissenting trio said a year in detention was "grossly excessive" and called for a limit of 30 days. Public servants should not have the "unfettered power to detain", they said, taking a swipe at the Department of Immigration and Citizenship's "chequered" history.

The refugee advocacy group, A Just Australia, said the main report was disappointing. It provided only a negligible step in the right direction, the national co-ordinator, Kate Gauthier, said.

"This inquiry has missed out on a vital opportunity to put the new detention values into practice. We'd like to see the committee pay more than lip service to human rights."

The official report recommended all criteria by which detainees could be deemed a risk be published. It suggested health checks could be completed in five days and more than $20 million in debts owed by current and former detainees to the Government be waived by the Minister for Finance, Lindsay Tanner.

Related:

Villawood detainees go on hunger strike
More than 100 detainees at Sydney's Villawood Detention Centre are on a hunger strike.

Detainees climb Villawood roof in deportation protest
The Department of Immigration has confirmed two Chinese nationals have climbed on to the roof of Sydney's Villawood Detention Centre.

Visas offered to 31 in long detention

The federal government is offering visas to 31 people who have been in immigration detention for more than two years.

Georgiou repeats call to scrap citizenship test
Liberal backbencher Petro Georgiou says Australia's controversial new citizenship test should not just be reviewed - it should be scrapped altogether. Immigration Minister Chris Evans says he has no plans to abolish the Howard Government-era test, but he is open to making improvements.

Immigration officials should face action
A former human rights commissioner says Immigration Department officials who breached human rights under the Howard government need to face disciplinary action.

Detention centre staff 'cracked'
More than 60 former staff at Australian immigration detention centres have reported long-term mental health problems associated with the stress of the job.

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.

Doctor urges mandatory detention inquiry

A psychiatrist who has treated immigration detainees says former government ministers should be called to account for the policy of mandatory detention.

Refugees highest level in history: UN

The United Nations High Commissioner for Refugees (UNHCR) says there are more displaced people in the world than at any time in history, with the bulk of them coming from Iraq and Afghanistan.

Monday, 1 December 2008

Children's welfare groups slam net filters

Support for the Government's plan to censor the internet has hit rock bottom, with even some children's welfare groups now saying that that the mandatory filters, aimed squarely at protecting kids, are ineffective and a waste of money.

Live trials of the filters, which will block "illegal" content for all Australian internet users and "inappropriate" adult content on an opt-in basis, are slated to begin by Christmas, despite harsh opposition from the Greens, Opposition, the internet industry, consumers and online rights groups.

Holly Doel-Mackaway, adviser with Save the Children, the largest independent children's rights agency in the world, said educating kids and parents was the way to empower young people to be safe internet users.

She said the filter scheme was "fundamentally flawed" because it failed to tackle the problem at the source and would inadvertently block legitimate resources.

Furthermore there was no evidence to suggest that children were stumbling across child pornography when browsing the web. Doel-Mackaway believes the millions of dollars earmarked to implement the filters would be far better spent on teaching children how to use the internet safely and on law enforcement.

"Children are exposed to the abusive behaviours of adults often and we need to be preventing the causes of violence against children in the community, rather than blocking it from people's view," she said.

"The constant change of cyberspace means that a filter is going to be able to be circumvented and it's going to throw up false positives - many innocent websites, maybe even our own, will be blacklisted because we reference a lot of our work that we do with children in fighting commercial sexual exploitation."

Doel-Mackaway noted the claims by the internet industry that the filters would be easily bypassed, would not block content found on peer-to-peer networks and chat rooms and would be in danger of being broadened to include legitimate content such as regular pornography, political views, pro-abortion sites and online gambling.

Laboratory test results released in June by the Australian Communications and Media Authority found available filters frequently let through content that should be blocked, incorrectly block harmless content and slow network speeds by up to 87 per cent.

James McDougall, director of the National Children's and Youth Law Centre, expressed similar views to Save the Children.

He said the mandatory filters simply would not work and children should be able to make decisions for themselves. Concerned parents could easily install PC-based filters on their computers if they desired, or ask their internet providers to switch on voluntary filtering.

"This is called a child protection measure yet the vast majority of all serious child abuse does not occur on the internet, it occurs in the home," said McDougall.

"I take issue with the minister's perspective that children are themselves the danger in a sense that we have to make this decision for them because they are not capable of making it for themselves - I think there's very little evidence to support that and plenty of evidence to show that children are responsible decision makers given the skills and information."

On Thursday, as political activist group GetUp announced its plans for an elaborate anti-filtering campaign, 70 ISP filtering stakeholders converged on the University of NSW to examine the merits of the proposed censorship scheme.

"There seemed to be some consensus that the proposed mandatory filter model would not actually be directed at the real channel of child porn distribution, which is not the blacklist of known web sites, but via various other internet protocols and tools," said David Vale, executive director of UNSW's Cyberspace Law and Policy Centre.

"The idea of doing whatever was possible in stopping the problem at the source, including education of parents, kids, teachers and politicians, and serious law enforcement efforts at detection and prosecution of perpetrators and distributors, was seen as probably as, or more, effective than a filter initially aimed at preventing inadvertent browsing of child porn on the web by young people.

"Another aspect was the potential for the filter, once in place, to become the subject of a repeated bidding war, depending on which minor politicians had balance of power in parliament, or who had the 'moral panic of the day'."

Senator Conroy's spokesman, Tim Marshall, has consistently failed to respond to requests for comment on the issue.

Related:

Activists target Rudd's net censorship plans
The political activists 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 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".

Vic Govt launches register for gay couples

Victorians in gay relationships can now apply to have their unions included on a Government register.

Couples listed on the Victorian Relationships Register will be recognised by the state's courts.

Unmarried heterosexual couples can also be added to the register.

The Attorney-General, Rob Hulls says he is bewildered by opponents of the register.

"The scheme we launched today was never about undermining marriage or about creating its poor cousin," he said.

"It's simply about giving the dignity of formal recognition to those who seek it. Of saying yes, the community respects your relationships and your decision to commit to it."

Victoria's Equal Opportunity and Human Rights Commissioner, Dr Helen Szoke says the register reduces the discrimination felt by unmarried couples.

"So in a sense what this commitment does is to provide an insurance policy to people who have in the past experienced discrimination, unequal access to the law," she says.

"Who've had to fight so unfairly to assert their rights as partners for things that other people take for granted."

Thursday, 27 November 2008

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".

The Greens this week officially announced their opposition to the internet filtering plan, which critics like GetUp fear will slow the internet to a crawl and open the door to censorship of other material such as, political views and pro-abortion sites.

They join a chorus of dissent from internet providers, consumers, engineers, network administrators and online rights activists.

Despite the significant opposition, the Government is pressing ahead with live filtering trials, which it wants to launch by December 24. ISPs, which already offer free filters but on a voluntary basis, are reluctant to take part but fear they have no other way of showing the Government the deep flaws in its mandatory censorship plan.

"We're very, very concerned that there's going to be a unnecessary clamp down on the internet and it has to be watched," Greens leader Bob Brown said Tuesday.

GetUp campaign director Ed Coper said he was certain his organisation's "Save the Net" campaign would be "really big and ongoing".

"It's certainly one of the most ill-thought-out decisions of the Rudd Government so far," he said.

Laboratory test results released in June by the Australian Communications and Media Authority found available filters frequently let through content that should be blocked, incorrectly block harmless content and slow network speeds by up to 87 per cent.

The Government plans to impose a mandatory filter for all internet users that will block sites found on the secret ACMA blacklist and blacklists held by other countries. But only half of ACMA's list is child pornography, while the rest is mainly X-rated porn and sexual fetish material.

A second, optional filtering tier, which will also be tested in the trial, will block content deemed inappropriate for children.

The filters can easily be evaded by those using freely available tools.

Britain, Sweden, Canada, Norway, Denmark and New Zealand have all implemented similar filtering systems. However, in all cases, participation by ISPs was optional and the filtering was limited in scope to predominantly child pornography.

Wednesday, 26 November 2008

160 juveniles housed in NSW police cells


We have seen a massive increase in the number of kids who are being held on remand partly due to the changes in bail laws: Juvenile Justice Minister

The New South Wales Government says overcrowding in the juvenile justice system will be alleviated by the availability of new beds in the next few months.

Last year, about 160 juveniles who were remanded in custody spent time in police cells because there was not enough room at detention centres.

The Juvenile Justice Minister, Graham West, says while there is a short-term problem, a new facility in Sydney's west and extensions to other centres will eventually relieve the pressure on the system.

"We recognise there is a shortage of beds in our facilities which is why we are building an extra 80, including 50 in a specialist remand unit," he said.

"We have seen a massive increase in the number of kids who are being held on remand partly due to the changes in bail laws and also because of changed policing practices."

But the Opposition's spokesman on juvenile justice, Anthony Roberts, says union sources have told him the changes will not be made in time.

"There'll be no juvenile justice beds for young offenders between Sydney and the Victorian border," he said.

"The Government, in light of this - they are spending $2,000 a day keeping young juveniles locked up in police cells - needs to overturn the decision to close the Keelong Juvenile Justice Centre and they need to do that immediately."

Related:

Judge rules youths be taken out of adult jail
IN A victory for prisoner rehabilitation, a Supreme Court judge has ordered three young offenders be removed from adult jails and returned to juvenile detention centres by Monday to complete their sentences.

Laws will push teenagers into adult prisons
TWELVE young offenders who have brought a court challenge against their transfer from juvenile to adult jails have been dealt a blow after the State Government rushed laws into Parliament that may ensure they are moved.

Juvenile jails crisis: inmates turned away
THE state's juvenile justice system is so overcrowded that at least three institutions are refusing to accept any more inmates.

Juvenile detainees sharing single cells
SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.

Tuesday, 25 November 2008

Uni students struggling more than ever


Uni students are struggling to make ends meet

New economic modelling has found university students are struggling financially more than ever.

The average university student will earn about $240 per week from all sources, but will have to spend about $540 on essentials such as food and rent.

Over the past decade, living costs have risen by 50 per cent, while Youth Allowance has only gone up by about 30 per cent.

The average student will also graduate with a HECS debt of about $20,000 and many will never be able to pay it off.

Related:

Students' $250 fee for uni services

UNIVERSITY students face new compulsory fees of up to $250 a year to fund campus activities such as debating clubs, counselling services and student newspapers.

HEP C in Australian Prisons out of control

Figures showing that Hepatitis C infection rates in Australian prisons are out of control have sparked fresh calls for needle exchange programs in gaols.

The research, to be published in The International Journal of Infectious Disease, puts the number of South Australian prisoners infected with the disease at 42%, with a staggering 60% of women prisoners testing positive to the virus.

This is compared to infection rates among the general public of under two percent.

If left untreated Hep C can result in liver disease or complete liver failure and can be fatal in rare cases.

To help combat the virus, many communities offer needle exchange programs to help make sure drug users don't share needles, but these programs are not available in Australian gaols.

Deakin University health researcher Dr Emma Miller is behind the study of Hepatitis C infection rates in gaols, and she says providing inmates with clean fits is a no-brainer.

To hear this 2SER interview click here:

Monday, 24 November 2008

Driver gets $55K payout after affair with MP

The Tasmanian Premier, David Bartlett, has announced a settlement with the driver who had an affair with former Cabinet Minister, Paula Wriedt.

Ms Wriedt attempted to commit suicide in August when she learned the driver, Ben Chaffey, had lodged a claim with the Government.

Mr Chaffey's lawyers had threatened to pursue a sexual harassment claim.

The Premier says Mr Chaffey has agreed to a one off payment of $40,000, as well as reimbursement for up to $15,000 in legal and medical fees.

Mr Chaffey will also be offered another job in State Government but on a lower salary.

Ms Wriedt was sacked from the front bench six weeks after her suicide attempt.

She is still on leave and has not announced if she is returning to Parliament.

Related:

Tas Premier sacks Wriedt
Tasmanian Premier David Bartlett has sacked Paula Wriedt from his Cabinet.

Domestic murders hit 10-year high

The New South Wales Government is being urged to hold an immediate review into domestic violence homicides, with the number of women and children killed in NSW at its highest level in almost a decade.

The state's Bureau of Crime Statistics says 29 women and children were murdered in domestic incidents between July last year and June this year, six above the average for the past 10 years.

The State Opposition's spokeswoman for women, Pru Goward, says it is obvious police and community services systems are not working.

"These record figures are an absolute indictment of the State Labor Government," she said.

"The State Labor Government has had the opportunity to introduce a domestic violence homicide review for some time.

"It's been called for by the sector, we've called for it. We've asked the Government and they consistently refuse to do it."

Quote: But when we write our article then we may need to leave out say, the statistics in relation to women who commit 'domestic murders'? That's if we are going to succeed changing public opinon that it's only the men. Another fact is that women don't commit domestic murders? Of course this is just a guess?

Related:

Anti-violence plan for children
A Federal Government agency is developing a plan for anti-violence education programs for children.

Friday, 21 November 2008

Poor pay sees lawyers stop legal aid work


The Law Institute of Victoria is predicting that the state's court system will be overloaded with unrepresented clients because of inadequate funding for legal aid.

The institute says pay for legal aid work has become so poor and the workload so great that hundreds of lawyers have made the decision to immediately stop taking on cases.

A recent survey by the Federal Attorney-General's department showed that a third of law firms that have done legal aid work in the past have stopped mostly because the rate of pay is about half the going commercial rate.

The president of the Law Council of Australia, Ross Ray, says it is a national problem for all state governments and the Commonwealth.

"The system is really calling out for help and it is time the State and Federal Government paid appropriate attention to the issues. It is the community that loses out and it really is time this was dealt with," he said.

The president of the Law Institute of Victoria, Tony Burke, says the legal aid system in Victoria is in crisis and legal aid lawyers are preparing to down tools.

"We are expecting that as a consequence, there will be delays in the courts," he said.

"The courts will struggle. Judges and magistrates will have to deal with many more unrepresented people. There will be inconvenience. The cost of running the courts will increase. The cost of policing will increase and the cost of corrections will increase.

"For too long in Victoria we have had what is effectively a gaping wound in the criminal justice system and it has been patched over by the unpaid labour of lawyers in the worst-paid sector of the private legal profession. Now that unpaid labour won't any longer be available and the problem will get worse."

Mr Burke says legal aid lawyers were once paid almost as much as they could earn from paying clients, but now they earn somewhere between 15 and 45 per cent of the average private fee.

"The Victorian Bar recently did some research which shows that junior barristers, for example, who in the main would have had at least six years of tertiary education and several years in practice, are earning as little as $36,000 a year," he said.

"And that is sometimes half and less than a half of what is being paid to the public prosecutors at the other end of the bar table and it is even less than what is being paid in the private profession."

Mr Burke says lawyers who take on legal aid cases are now required to do more background work than in the past and they are not getting paid for it.

"We are expecting that some hundreds of lawyers who in the main are doing legally aided work will cease to do this effectively pro bono or charity work that isn't covered by legal aid and that will have a reverberation through the system," he said.

"That happens now. That is beginning today, the practitioners are saying enough is enough. They are not going to continue with this charity work they are not paid for any longer."

The state Attorney-General's office referred request for comment to the managing director of Legal Aid Victoria, Bevan Warner.

Mr Warner is urging lawyers not to stop working for legal aid.

"Well, it would have a significant impact and I sincerely hope that that doesn't occur," he said.

Mr Warner confirmed Victoria Legal Aid had an operating deficit of more than $20 million last financial year, and said there should be more Commonwealth funding.

"Whereas the State Government has provided ongoing assurances in relation to funding sufficient to preserve service levels, the Commonwealth Government has not and services in Commonwealth law matters have had to be reduced by 30 per cent," he said.

"Ten years ago the Commonwealth Government contributed approximately 60 per cent of legal aid funding and last year this figure had dropped to 30 per cent.

"Now Commonwealth's policy is to encourage parents to focus on their needs of their children when they separate and just yesterday I was advised of a situation where a parent on income support had not seen their eight-year-child for some years and having a home with $170,000 equity meant they were ineligible for legal aid to have a lawyer put the case for contact with the child.

"Now the only option available to this parent was to sell or refinance the home and to fund their own action."

Mr Warner says lawyers' fees are now under review.

"Legal aid is committing to reviewing its fee structures to ensure that the time allowances that are comprehended in our fee structures are contributing to an effective court system and one that avoids unnecessary court events," he said.

"But it is important that we align these time allowances with proposed new court procedures that will come into effect late next year and the Law Institute is aware of these plans."

A spokesman for the Federal Attorney-General, Robert McClelland, says legal aid received a one-off funding boost of $7 million last year, including about $2 million dollars for Legal Aid Victoria.

Related:

Law council backs Family Court merger plan

The Law Council of Australia has backed recommendations to revamp family law by integrating the Family Court with the Family Law Division of the Federal Magistrates Court.

Thursday, 20 November 2008

Sydney pensioners rally for long-term reform

Pensioner, retiree and welfare groups have rallied together in Sydney, calling on the Federal Government to improve their standard of living.

The Fair Go for Pensioners Coalition is urging the Government to make sure next year's pension reforms deliver an adequate pension over the long-term.

The coalition's chairman, Jon Bisset, says he is hopeful the Government will provide a boost.

"We understand that there are other economic issues on at the moment but they're not excuses for forgetting about pensioners in the future," he said.

Single-aged pensioner Noreen Hewitt says the constant worry about money is exhausting.

"There needs to be an increase for us to just survive," she said.

The coalition also plans to lobby the Government to introduce new cost of living indices just for pensioners and retirees.