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Tag Archives: Craig Thomson

The Brandis diaries

On Monday we will be treated to the theatre of the shadow Attorney-General, Mark Dreyfuss, taking the Attorney-General’s department to the Court of Appeal over a denied freedom of information request regarding George Brandis’ diary for the first six months or so after the Coalition took office.

It appears Mr Dreyfuss wants to demonstrate that Mr Brandis did not consult with anyone about his new national security laws.

Brandis’ office has trotted out the most ridiculous excuses as to why they can’t release the diary under FOI, ranging from it would be too much work, to George’s safety being put at risk if people knew his movements, to some people maybe not wanting anyone knowing they met with George.

The whole thing is bizarre.

Why would Dreyfuss want to prove there was no consultation when his party have already passed the legislation? There may be more to come but surely they should have asked the interested parties’ opinions before they voted yes?

And the idea that knowing who George spoke to 2 years ago could lead to people knowing his travel patterns which “may increase the security threats relating to his personal safety” is ludicrous, as is the department’s assertion that it would take too much time. They have chosen to present a defence in court instead which one would imagine would require even more time.

Not to mention the cost.

Monday is also the day that the Federal Court will hand down its decision on the civil case mounted against Craig Thomson by the Fair Work Commission.

Senate Estimates recently revealed that the cost of this civil matter to the taxpayer thus far has been $4.1Million and as Wixxy points out, that does not include the cost of the criminal case, the police investigation that went for years, the FWA investigation that also went for years, the Senate Inquiry into the FWA investigation, and the KPMG report into the FWA investigation.

The courts have become the plaything of politicians where the cost of scoring political points seems irrelevant to them.

There is no question that our freedom of information is being eroded and must be addressed. Government secrecy is increasing rapidly with Ministers being given unilateral powers not subject to judicial oversight. The right of appeal is being removed in certain cases and security agencies are being given unprecedented protected powers.

As the government increasingly withdraws from transparency and accountability, shrouding their actions in secrecy, they are, at the same time, increasing their powers of surveillance over all of us and removing our rights through special detention and deportation laws.

If Dreyfuss was truly concerned, rather than wasting time and money, he would have voted against this erosion of human rights and done more to force the government to disclose what is being done in our name and to put the threat to national security into true perspective instead of encouraging the hyperbole.

 

Whistleblower goodies and baddies

When Kathy Jackson blew the whistle on Craig Thomson for misusing union funds, she was praised by various members of the Coalition. Tony Abbott described her as “a brave decent woman”, a “credible whistleblower” whose actions were “heroic”. Christopher Pyne labelled her a “revolutionary” who will be “remembered as a lion of the union movement.” George Brandis and Eric Abetz were similarly effusive in their praise.

Kathy’s “courageous” revelations quickly led to Thomson being arrested by five detectives accompanied by a huge media pack at his Central Coast Office. The following court cases eventually found Thomson was guilty of misappropriating a few thousand dollars. His defence has cost him over $400,000, his career and reputation. His prosecution, combined with the ensuing Royal Commission into trade unions and dedicated police task force, has cost the state tens of millions.

In 2012, Tony Abbott said “I think it’s to the enormous discredit of some people in the Labor movement that they are now trying to blacken [Kathy Jackson’s] name.”

Unfortunately for Mr Abbott, the investigation revealed that his hero has allegedly misappropriated far more than Craig Thomson could ever have dreamed of, well over $1 million by some accounts. Despite the matter being referred to the Victorian police, Ms Jackson remains at large living a millionaire lifestyle. No squad of police arriving at her door with media in tow.

We also had whistleblower James Ashby choosing to reveal private text messages to accuse Peter Slipper of sexual harassment, a charge he chose not to pursue after he had achieved the goal of destroying Mr Slipper’s career and personal life.

And then there was the “unknown” whistleblower who chose to refer Peter Slipper to the police for a few hundred dollars’ worth of cab charges rather than allowing him to pay back the money, something that many members of the Coalition, including Tony Abbott and George Brandis, have been forced to do.

The prosecution of Peter Slipper once again cost the state an amount totally incommensurate with the alleged crime and he has since won his appeal.

The Coalition’s very close relationship with these two dubious characters – Abetz had Jackson on speed dial and Pyne met up for “drinks” with Ashby – shows they had a vested interest in encouraging their revelations.

But when Freya Newman chose to reveal that Tony Abbott’s daughter had been given a $60,000 scholarship that was not available to anyone else, she was immediately investigated, prosecuted and put on a good behaviour bond. The fact that Frances Abbott’s school was a Liberal Party donor who then benefitted greatly by Abbott’s decision to fund private colleges makes the whole thing smell of corruption.

Speaking of which, when a former ASIO employee chose to blow the whistle on Alexander Downer for, under the guise of foreign aid, bugging the offices of the government of Timor l’Este to gain a commercial advantage for Woodside Petroleum who subsequently employed Mr Downer, he immediately had his passport revoked so he could not testify in the case in the International Court and the office of his lawyer was raided and all documents confiscated.

When the Guardian and the ABC reported on leaked documents from Edward Snowden revealing that the Australian Government had bugged the phones of Indonesian politicians and even the President’s wife, they were labelled as traitors by Tony Abbott who apparently thought there was nothing wrong with the deed but talking about it was a crime.

Which brings me to, in my mind, the greatest travesty of all.

When ten members of the Save the Children organisation reported on cases of sexual assault and self-harm of children on Nauru, they were immediately sacked by Scott Morrison.

When the group made a submission to the AHRC’s children in detention inquiry providing evidence of sexual abuse, the Department of Immigration asked the Australian Federal Police to investigate Save The Children for potentially breaching section 70 of the Crimes Act, which bars the disclosure of Commonwealth facts or documents.

A secret report prepared by immigration detention service provider Transfield Services reveals the company was monitoring the activities of Save The Children staff, then accused them of providing evidence to the media of sexual assaults and protests in the detention centre. It reveals that Save The Children staff had compiled reports documenting evidence of sexual assault, which it said had become “increasingly emotive in recent weeks”.

“Two days ago, information report 280917 was written in such a manner by SCA employees, DE and FF, and some of the allegations regarding sexually inappropriate behaviour by security guards contained within this report have been widely reported across Australian media today. DE left Nauru yesterday and the allegations have appeared in the press today.”

The Transfield report also alleges that “It is probable there is a degree of internal and external coaching, and encouragement, to achieve evacuations to Australia through self-harm actions,” though it gives no evidence at all in support of the accusation, which did not stop Scott Morrison and the Daily Telegraph from publicly repeating it last October.

Morrison’s reaction was to announce the Moss Review to examine allegations that staff from the charity acted inappropriately at the Nauru detention centre.

The Moss review, which is due to be released tomorrow, examined why 10 Save the Children aid workers were sent home from the detention centre and whether they fabricated allegations of sexual abuse.

As with the Human Rights Commission’s Forgotten Children report, the message has been ignored and the messenger has been relentlessly pursued and vilified.

In the corporate world, the Corporations Act contains protections for certain whistleblowers, including making it unlawful to persecute a whistleblower for making a protected disclosure of information. This protection encourages people within companies, or with special connections to companies, to alert the company (through its officers), or ASIC, to illegal behaviour.

Where is the same protection for people who alert us to wrongdoing by the government or its agents? Why does Morrison accept Transfield’s report but not that of the Human Rights Commission? Will the Moss Review investigate the sexual abuse or just the people who are trying to Save the Children?

A government who is happy to destroy people’s lives for their own political ends, who silences all criticism, and who considers their own interests in front of the welfare of children in our care, is worthy of the same contempt they show for the truth.

We are being governed by a despicable group of people who have sacrificed all decency and integrity to personal ambition.

asylum seeker children protest on Nauru

asylum seeker children protest on Nauru

Under pressure

Marco Bolano was the deputy general secretary of the HSU east branch. It was Mr Bolano, along with the national secretary, Kathy Jackson, who went to the police in September 2011 with allegations of systemic corruption within the union.

At the end of June 2012, Mr Bolano was one of eight union figures to lose his job when an administrator was appointed to the troubled HSU east branch. A Federal Court Order placed the union into administration and directed all officials to stand down. At a subsequent election Bolano was voted out by the HSU members.

Bolano then claimed he had been “bullied” and sought workers compensation which is still being paid to him through Workcover (ie government funds) at his pay rate of $230,000 pa.

http://www.youtube.com/watch?v=TtWTGWhSynM

Bolano’s fellow whistleblower and union colleague, Kathy Jackson is being sued by the HSU for $700,000 of allegedly misspent union members funds.

In June, Kathy Jackson was due to appear before Federal Court in Melbourne to give her defence against civil actions being taken by the national office of the Health Services Union to retrieve funds. When she failed to appear, her partner Michael Lawler rang the court representing Jackson attempting to have the matter heard remotely – something the judge pointed out was not permissible.

When Tony Abbott was Industrial Relations Minister, he appointed Michael Lawler to the position of vice president of the Fair Work Commission at a salary of about $400,000. It was the FWC that investigated the Health Services Union and led to the allegations against Craig Thomson.

As Peter Wicks pointed out in his long-running expose on this case

“Surely, taxpayers’ dollars should not be spent on a public servant meant to be an impartial industrial judge who is freelancing as a barrister for a union official with whom he is in a long-term relationship that is facing civil action from her own union.”

On Friday, Kathy Jackson was in court in Melbourne representing herself. She failed to produce her defence as directed, despite having been given more time to do so. She told the court that she was under medical direction “to disengage from this process for three months”.

I can understand her feeling under pressure as I am sure Craig Thomson did also for far smaller amounts than those Ms Jackson is alleged to have misappropriated. My question is, when your partner is an industrial judge of equivalent standing to a Federal Court judge, who is intimately aware of, if not directly involved in, the case, couldn’t he have prepared her defence documents as required by the court?

http://www.youtube.com/watch?v=b9bt7kGXNT8

Speaking of pressure, Peter Slipper faced court again today for his alleged misuse of less than $1000 in cab charges. The court is set to sit for 6 days to hear this case which may find Mr Slipper in breach due to misrepresenting where he went on a couple of the vouchers. I wonder how much this has cost so far in police and court resources.

Which way to look?

It is perhaps not surprising that the Royal Commission into union corruption is to begin the day before the budget is brought down. In a fortuitous coincidence, Ralph Blewitt happens to be in town, so they are going to begin with the AWU “slush fund”. That should have Larry Pickering and Michael Smith and their band of rabid followers all agog again…or should I say still. Agog enough to not notice they are getting screwed by the Budget? We shall see.

In November 2012 Ralph Blewitt turned up in Australia “courtesy of a man writing a book on the AWU in the late 1980s and early ’90s.”

He told 7.30 that he had provided Victoria Police with a dossier of files “which show documents that certainly connect Julia Gillard to having a hand in the establishment of the AWU Workplace Reform Association in WA, and other matters”. Mr Blewitt declined to outline those “other matters”. The documents relating to the period 1990 – 95 appear to have been provided to him to “refresh” his memory by ‘researcher’ Harry Nowicki.

Victoria Police detectives who have been running an 18-month investigation with Mr Blewitt’s co-operation, intend to charge him with fraud-related offences, to which he will plead guilty. He is expected to give evidence against others. It is understood that in return for his co-operation and guilty plea, police will make courtroom submissions that Mr Blewitt should not be sentenced to jail.

Mr Blewitt’s travel expenses for his current visit to Australia are being met by a private citizen who has wanted to see the slush fund issues properly investigated by police and the Royal Commission. This philanthropic champion of justice is no doubt hoping that Julia Gillard may be called though goodness knows what else they could ask her. She has answered every question put to her.

The Royal Commission will then move on to the HSU. It will be interesting to see their focus. No doubt Craig Thomson will be dragged through more proceedings for an amount which, to date, seems relatively trivial. One wonders if whistle blower Kathy Jackson has made a Blewitt type deal too.

The Health Services Union has launched a legal action against its own national secretary Kathy Jackson demanding she repay almost $250,000 paid into a slush fund.

Ms Jackson in return had launched a counter-claim seeking almost hundreds of thousands of dollars in back pay. The HSU is now seeking to recover money paid to the National Health Development Account (NHDA) which was controlled by Ms Jackson.

In a statement to the ABC, Ms Jackson said all the allegations against her were “false and malicious” and accused “dark forces” of being behind them. Independent Australia has done a whole series of articles called Jacksonville with source documents that provide a rather damning picture

Investigating high profile union cases should defer attention from the high profile political money laundering and slush funds that are coming to light every day, they hope.

Which way to look?

Double Dissolution Now! Well, no, that’s actually not possible…

At the end of an article on the Governor General’s offer to resign, a journalist wrote that there better not be a Double Dissolution before March, which is when Quentin Bryce is due to finish her term. This struck me as odd. I realise that there are a lot of people who don’t understand the Constitution, or the rules surrounding such things. But this was a political journalist writing for a major newspaper.

So let’s look at why this comment was either sensationalism or stupidity. For a double dissolution to occur certain conditions need to be met. The first is that there needs to be a “trigger”.

The conditions stipulated by section 57 of the Constitution are:

  • The trigger bill originated in the House of Representatives.
  • Three months elapsed between the two rejections of the bill by the Senate (“rejection” in this context can extend to the Senate’s failure to pass the bill, or to the Senate passing it with amendments to which the House of Representatives will not agree).
  • The second rejection occurred in the same session as the first, or the subsequent session, but no later.

Now, the first point is that Tony Abbott has been in no hurry to recall Parliament. We don’t have a date but let’s say it’s in November sometime. A Bill has to be introduced, debated AND rejected by the Senate. Generally speaking this is not a quick process. The Senate could use a number of means to slow down the outright rejection of the Bill, such as amending it, and sending it back to the House of Representatives. But for the sake of fairness let’s say that the Bill is rejected by end of November.

Parliament won’t sit again until February, so assuming the Bill is rejected at the end of February – again it needs to be three months after the first rejection, so that’s the earliest before the conditions for Double Dissolution can be met. From this time, even if Tony Abbott picked the shortest possible time to campaign, the election would still be a month later.

So, the END of March is the EARLIEST a double dissolution could be held. There is no way that Bryce will still be there when the election is held. Well, unless you consider the possibility that Abbott will ask her to stay on for a while longer.

Now, let’s just consider the politics of this for a second. It looks possible that Clive and his PUPets will support the end of the Carbon Pollution Tax. (Once they can get people to drop the “Carbon” entirely, Labor have won the Framing battle. See my previous Framing blog, if this doesn’t make sense.) Would Abbott risk reducing his majority just to get the Carbon Tax through a few months earlier? In terms of balancing the Budget, returns from any tax are helpful – particularly a “great big tax on everything” – and when you can collect revenue while blaming the previous government, why would you be in a rush to end it?

For several months, I kept pointing out there was no way that the charges against Craig Thomson would bring down the Gillard Government. He may resign because he just didn’t want the pressure, but there was no way that he’d be charged and convicted before the election, even if one ignored the possibility of him staying in Parliament, pending an appeal. The Courts just don’t work that quickly. Compared to the idea that a double dissolution could be held by March, at least there was some scenario where that was possible.

Newspapers complain that the Internet is dangerous because ordinary people can put out misinformation. Before they can be even remotely be taken seriously, they need to stop presenting gossip and ignorance as news.

 

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Oh please, shoot me now!

Anybody who watched – sorry, laboured through the ABC’s QandA shoot me now could not have helped to notice that, despite the multitude of tweets begging for a question to Christopher Pyne on the Ashbygate affair … it was definitely off limits. The ABC, in their wisdom, preferred to direct the discussion about a Labor Government who is apparently out of touch with the electorate (and quickly gave the floor to Amanda Vanstone), or the lack of public transport in Western Sydney. It was about as gripping as an episode of Basil Brush.

I’m sure I wasn’t the only viewer to tune in to watch Pyne face a few curved balls. I guess we know the ABC’s agenda: Go lightly on the Opposition. Somewhere up the hierarchy someone is pulling a few strings.

Last night the public might have thought it was given its first real chance to pursue this important electoral issue. We’ve sat by and watch our media do nothing, say nothing. And last night they shut the door on their viewers.

The media has an agenda. Today on news.com another side of the agenda was on pathetic display. We read:

Mr Abbott is expected to have a wealth of material to draw upon from over summer since parliament last met last November.

Ms Gillard’s leadership has been dogged over the past week by speculation about a Kevin Rudd return, more poor opinion polls, the mismanaged Cabinet reshuffle and the charging of suspended Labor MP Craig Thomson a day after announcing the election date.

So in less than 24 hours I’ve learned that the media wants to kill the real stories and replace it with opinion, speculation, and outright lies.

I want to dissect the second sentence of the above quote and ask the writer some questions:

  • I’d like to know a bit more about the leadership speculation about a Kevin Rudd return. To my knowledge the only speculation has been generated by our mainstream media in search of another unsubstantiated story, yet one that will tarnish the Government. Can you thus substantiate that claim?
  • How much poorer are the opinion polls for Labor compared to their showing over the past 12 months? And have you bothered to look at the latest Morgan Poll which shows Labor only one point behind the LNP?
  • How was it a mismanaged Cabinet reshuffle? Is that a fact or is that just your opinion? Can you tell me how it should have been conducted?
  • Yes, Craig Thomson is a suspended Labor MP but he is now an Independent MP. Why not state that? Oh that’s right, it would be less harmful to Julia Gillard to do so.

If this is the best our media can perform, then please, shoot me now. I don’t want them deciding who runs this country.

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