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Let’s make politicians accountable

By Christopher Wingate

I asked Tim Wilson pre his position as Human Rights Commissioner if he supported Fiduciary Legislation – law to control the duty of care of politicians and judges. He said he didn’t. I was surprised, given his position. Then when he became Human Rights Commissioner I pointed out if they had Fiduciary Law there wouldn’t be children in detention – nor would there be delays to address injustice. Again he showed zero interest.

To Tim Wilson:

“The key point is this – Political and judicial immunity is a breach of fiduciary duty because they misuse power to gain benefit for them alone and not for the public to whom they owe the duty of care.

If I am correct you would never have another human rights case ever again you couldn’t resolve quickly. Because the duty of care aspect would compel the offending minister to rectify the wrong asap – or he would be in breach of his fiduciary obligations.”

Here is the problem and answer to government failure. And it’s much the same in the Middle East as it is in the West. Our politicians fail us and when they do we can’t hold them accountable for their decisions, many of which are negligent and cause harm. The people didn’t give permission for that type of leadership on their behalf.

Doctors are accountable. Teachers and advisors are accountable. Pilots and engineers are accountable to a duty of care. But the most powerful, the judges and the politicians are not accountable. That is the heart of all our problems.

The supply of weapons to all involved in Middle East conflicts, the pursuit of oil and mineral assets, human rights harm, lack of justice, all stem from the immunity our leaders have. That immunity comes from the ancient idea that the king can do no wrong with his decision. An arrogant suggestion which implies they are perfect and make no mistakes.

For us to solve our problems we must make those we trust to manage government fully accountable to a jury when our most powerful leaders breach their fiduciary duty. I assume to prevent ridiculous claims a claimant would require maybe 30 other fiduciaries to agree that the judge or politician has breached their duty of care.

 

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16 comments

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  1. Phil

    Who is Christopher Wingate?

  2. billshaw2013

    Very good point and most relevant for today’s bunch of politicians. You have educated me.

  3. metadatalata

    So how do we put fudiciary legislation in place when both major political parties rely on lack of accountability in their daily decision-making processes?
    It would be like getting them to shoot themselves in both feet and cutting both arms off. The Australian political and legal system is rigged to reward politicians who make negligent decisions and lie to their constituants.

  4. Terry2

    Every now and then you get an ordinary man (or woman) with no fixed ideological bent who is able to tell instinctively right from wrong.

    Glen Lazarus is just such a man and whilst he may not be an eloquent wordsmith he is able to do the job of representing his state admirably.

    Tim Wilson, on the other hand is a machine made ideologue from the IPA factory, he will support the conservative line and vote for everything that a Liberal government puts up : a drover’s dog would have more discernment and better instincts.

  5. Phil

    It’s simple. Every dollar of promised pork barrelling, err, infrastructure, that doesn’t come to fruition, is deducted from the allowable advertising budget for the following election.

  6. ImagiNation

    Don’t be concerned. The judiciary and politicians will soon be rendered insignificant, the implementation of the TPP makes them both redundant.

  7. diannaart

    @Terry2

    Tim Wilson is indeed a machine man product of the IPA. His abilities and whatever achievements he has (could someone fill me in, please?) are in direct inverse proportion to his career trajectory; in a few short years this young man has moved up from increasingly powerful positions, with his stint as ‘human rights commissioner’ (LOL) a mere stepping stone.

    Tim was up against some competitive Liberals who actually have more political experience, than he. While one can only imagine how much his personal beliefs conflict with the Liberal ideology, he has mastered the art of hypocrisy as well as Malcolm Turnbull.

  8. diannaart

    More insight into the IPA (in case you’ve been living under a rock) can be found in Elizabeth Farrelly’s SMH article.

    As well as video commentary on Tim Wilson from Adam Gartrell, Elizabeth writes:

    The IPA has long insisted NGOs should be transparent, but it’s notoriously secretive about its own sources of money. (Executive director John Roskam says its donors get intimidated). But revealed sources include all the bad boys of Big International Money: media, oil, tobacco, genetics, energy and forestry. Who benefits from IPA policy? They do.

    http://www.smh.com.au/comment/institute-of-public-affairs-the-think-tank-with-arms-everywhere-20160406-gnzlhq

  9. Jack Russell

    The IPA is a local branch of a well organised global pyramid scheme and, unlike tupperware etc, there isn’t a choice about participating because every means we, the have-nots, might have once thought we had (or think we still have) to halt them have been either infiltrated or eliminated. These rapacious cannibals are now positioned at the top of their created structure and are feasting from the bottom upward through each tasty layer. One has to wonder if they’ll stop when they finally reach themselves?

  10. You can't be serious?

    Hmmm. I think you can safely add this to the top of that “never never” law reform list maintained by most Federal politicians that includes donations, lobbying and entitlements and a Federal ICAC and be assured that none of them will ever be implemented! Sigh

  11. keerti

    “It would be like getting them to shoot themselves in both feet and cutting both arms off.” Now there’s an idea with potential!

  12. Christopher Wingate

    @- Metadatalata and Keerti “So how do we put fudiciary legislation in place when both major political parties rely on lack of accountability in their daily decision-making processes?”
    John Howard provides the answer when he said: “Politics is governed by the laws of arithmetic”
    Once we educate the public that everything that has gone wrong with political management is caused by idiots in power allowed to stay there because of crown and judicial immunity, we would then encourage the public to flood all existing political parties and push for each to change party policy – remove crown immunity – adopt fiduciary legislation and with sheer numbers force the change on them.

  13. stephengb

    Like your style – Christopher Wingate!

  14. wam

    hahah doctors accountable teachers accountable that will go straight to the pool room.
    the pollies new cry
    dulce et decorum est
    pro patria mori.
    surely the simplest way to accountability is to publish the daily work of a politician outlining all meetings who where why how long and outcome

  15. Steve

    thats the least that should happen, fiduciary laws.Im in favour of gene pool extinction ,in time…

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