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Tag Archives: George Brandis

Lawmakers or lawbreakers?

The Readers Digest list of the 50 most trusted professions in Australia ranks lawyers at 39 and politicians at 49 just scraping in in front of door-to-door salespeople and two places behind call centre staff.

Considering these are the people who make, and prosecute, our laws, this is a sad indictment.

The record of the Abbott government ministers with regard to the law makes one wonder if they may just consider themselves above it all.

Assistant Treasurer Arthur Sinodinis is continuing to be mentioned at ICAC. Not only was he involved in shady dealings when at Australian Water Holdings, he is now implicated in emails (that his lawyers tried to have suppressed) from chief fund-raiser of the NSW Liberal Party Paul Nicolaou to Peta Credlin. As Sinodinis was Finance Director (2009 to 2011) and President (since 2011) for the NSW branch of the Liberal Party, it is hard to believe he knew nothing of the laundering of donations through the Canberra-based Free Enterprise Foundation.

Credlin and Loughnane appear to be in on the act, and Bronwyn Bishop and Tony Abbott have also been named, the former for redirecting funding through her Dame Pattie Menzies Foundation Trust and the latter for his association with Lindsay Partridge the MD of Brickworks who were advocating for the repeal of the carbon tax.

In May, the SMH published an article stating that:

“Treasurer Joe Hockey is offering privileged access to a select group including business people and industry lobbyists in return for tens of thousands of dollars in donations to the Liberal Party via a secretive fund-raising body whose activities are not fully disclosed to election funding authorities.

The Independent Commission Against Corruption is probing Liberal fund-raising bodies such as the Millennium Forum and questioning their influence on political favours in NSW.

Mr Hockey offers access to one of the country’s highest political offices in return for annual payments.

The donors are members of the North Sydney Forum, a campaign fundraising body run by Mr Hockey’s North Sydney Federal Electoral Conference (FEC). In return for annual fees of up to $22,000, members are rewarded with “VIP” meetings with Mr Hockey, often in private boardrooms.”

Members of the forum include National Australia Bank as well as the influential Financial Services Council, whose chief executive is former NSW Liberal leader John Brogden. Both these groups have benefitted from the changes to the Future of Financial Advice (FOFA) laws.

The chairman of the North Sydney Forum is John Hart, who is also the chief executive of Restaurant and Catering Australia – a hospitality industry lobby group whose members stand to benefit from a government-ordered Productivity Commission review of the Fair Work Act that is expected to examine the issue of penalty rates.

Mr Hart also sits on Prime Minister Tony Abbott’s Business Advisory Council.

When asked if there should be a federal ICAC, Mr Abbott said that he thought that Canberra had a “pretty clean polity”.

Despite accepting huge donations from bodies with obvious vested interests and loudly articulated demands – mining companies, property developers, financial institutions, hotel and gambling bodies, hospitality industry – Tony Abbott said:

“The thing is that we’re going to keep the lobbyists out [of politics]. And the problem that ICAC is exposing is a problem of lobbying, essentially its influence peddling . . . and we’re going to make sure that that has no place whatsoever federally.”

Last night’s edition of 60 minutes showed Mal Brough, by his own admission, directed the stealing of a copy of Peter Slipper’s diary. James Ashby also stated he was offered employment and legal costs by Christopher Pyne who has always denied any knowledge or involvement. And now, boy wonder Wyatt Roy is dragged into the fray. Somebody is/has been fibbing.

It would be very interesting to know who filed the complaint with the Australian Federal Police after Mal Brough went through Slipper’s diary and when the complaint was filed. There has been some suggestion that is was ex-defender of bigots, Attorney-General George Brandis.

When faced with action in the International Court over Alexander Downer’s bugging of the East Timor Parliamentary offices to gain confidential trade information for a subsequent employer, Brandis reacted by raiding the offices of the lawyer for East Timor, confiscating the evidence and the passport of the key witness.

If laws get in the way, bypass them or abolish them.

In June, the court upheld a challenge to the National School Chaplaincy Program, saying providing funding directly to chaplaincy organisations was constitutionally invalid. To get around that, the federal government will give a quarter of a billion to the states, insisting they must employ only religious chaplains.

Despite 72 per cent of Australians wanting same-sex marriage legalised, one of Brandis’ first acts was to challenge, and overturn, the ACT’s recently passed same-sex marriage laws. Why? Because he could is all I can come up with.

I am sure Corey Bernardi and Kevin Andrews were demanding this ‘depravity’ be abolished.

A poll in 2009 showed that 85 per cent of the country is in favour of voluntary euthanasia but that will never happen while Kevin Andrews has a driving seat in the Star Chamber.

In 1997, Kevin Andrews and Eric Abetz were members of the Coalition’s fundamentalist Christian faction, the Lyons Forum, who were successful in overturning the Northern Territory’s historic voluntary euthanasia law.

Deputy Leader of the Liberal Party, the recently decorated compassionate Minister for Foreign Affairs, Julie Bishop also has an affinity with the law. Before we were paying for her Armani suits she was busy representing CSR (amongst other “dodgy” corporate clients) famously asking the court “why workers should be entitled to jump court queues just because they were dying.”

Our Environment Minister Greg Hunt has overseen the rollback of environmental protection laws to facilitate his approval of coal mining.

The Federal Government’s handover of environmental approval powers to the states for development projects will wind back 30 years of legal protection for the environment and put at risk Australia’s World Heritage areas such as the Great Barrier Reef, Kakadu and the Tasmanian forests.

At the same time, state governments are seeking to ‘fast track’ major developments, such as coal mine and coal seam gas projects, reducing public participation and removing legal rights of local communities to mount legal challenges.

This is a crime that will certainly saddle our children with perhaps insurmountable problems.

And in perhaps the most heinous example of disregard for the law, morality, justice and humanity, the International Criminal Court (ICC) in The Hague is currently considering a submission calling for an investigation into Australia’s treatment of asylum seekers. The submission was officially accepted by the ICC on May 19, 2014, and it names Scott Morrison and Tony Abbott. Similar complaints have been lodged with the United Nations. Let’s hope they can compel our government to accept their legal obligations even if they are bereft of ethics.

 

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Yesterday, all my troubles seemed so far away

It wasn’t that long ago that Australia was being praised around the world. Remember when we had an intelligent, articulate, diplomatic leader with a vision for the future?

We survived the GFC with Wayne Swan being awarded the world’s best Treasurer by the magazine Euromoney “for his careful stewardship of Australia’s finances and economic performance, both during and since the global financial crisis”.

Julia Gillard led the way in action on climate change by introducing a price on carbon prompting praise from around the world.

“Australia will create tens of thousands of clean jobs in the coming years. You will save billions by eliminating wasteful energy usage, money that can be directed to other pressing social and infrastructure demands.

Australia will be helping lead the world out of this crisis, sending a powerful message that, yes, it can be done. Despite all the barriers, despite all the bitter, misleading opposition, Australia is leading the world toward a brighter, more sustainable future.”

In April last year, Julia Gillard also displayed her diplomatic skills in China.

“TEN foreign leaders visited China this week but only Julia Gillard scored what could turn out to be the deal of the decade. The Prime Minister’s coup in striking a “strategic partnership” and securing annual talks with China’s leaders will be her foreign policy legacy. It guarantees Australia access to the growing superpower at the highest levels and is being hailed by some as one of the most significant breakthroughs since Gough Whitlam’s courageous step 40 years ago to establish diplomatic links with China.

The China deal locks in formal annual talks between Australia’s PM and the Chinese Premier, as well as meetings for Australia’s foreign affairs minister, treasurer and trade minister with their counterparts.”

I could go on listing the previous government’s achievements – introducing our first paid parental leave scheme, environmental protections with water trigger and Murray-Darling buyback and marine parks, the NDIS, the NBN, education funding – the list is long and visionary.

But for some unfathomable reason, the majority of Australians were convinced that Abbott could do a better job. We could blame the media (and I do) but in reality, it is us who are to blame for our unquestioning acceptance of the lies we were being told. It is our own fault that we have moved from a position of world admiration for a responsible egalitarian society to one where we are being lampooned internationally and well and truly screwed domestically.

The Coalition began by stating we didn’t need Indonesia’s permission for our asylum seeker policy, a statement which infuriated them. We then had the odious Mark Textor suggesting that Indonesia’s foreign minister looked like a 70’s porn star, and the revelation that we spied on the President’s wife – something for which Abbott was incapable of saying sorry. We also violated their sovereign waters because apparently our Navy can’t tell where they are. We have been vilified for setting people adrift in life rafts, and censured for presumptuous plans to collect intelligence in Indonesian villages and to buy their fishing fleet.

We insulted the Prime Minister of PNG by suggesting he had lied, and then confiscated documents from the lawyer representing Timor l’Este in the International Court where we stand accused of bugging their Parliament to gain trade advantages for private firms. Abbott also had to “offer an act of contrition” to Malaysia for his previous comments about their human rights record.

Abbott offended war veterans and their families by praising the “honour” of the Japanese who attacked us, while Julie Bishop infuriated China by calling in their ambassador to berate him for the dispute over islands in the East China Sea prompting this response in the Chinese version of the Global Times:

“China’s Ministry of Foreign Affairs doesn’t even have the tools to deal with this kind of ‘complete fool’ of a foreign minister.”

When Tony Abbott rushed to condemn the Russians in the hours after the downing of the plane in the Ukraine, he incurred the wrath of both China and Russia.

The official Xinhua news agency said in an English-language commentary that officials from the United States, Australia and other Western countries had jumped to conclusions in pointing their fingers at the rebels in eastern Ukraine and for blaming Russia for the escalating violence.

“The accusation was apparently rash when the officials acknowledged they did not know for the time being who is responsible for the attack, while condemning Russia’s military intervention,” Xinhua said.

“Without bothering himself about evidence and operating only on speculation, Mr T. Abbott assigned guilt,” the Russian foreign ministry said in a statement. “Abbott’s statements are unacceptable” going on to say “Australian Foreign Minister Julie Bishop has gone farther than others in making irresponsible innuendoes against our country even though one would think that her position presupposes building bridges between countries, not destroying them.”

In another inexplicable brain fart that even the US was quick to distance itself from, our Attorney General decided to inflame tensions by deciding that East Jerusalem would no longer be referred to as Occupied Territory. In the process, Australia was hailed by Israel’s government, scolded by a group of 57 Muslim-majority countries, and had multibillion-dollar export trades put under threat.

Along with defending the rights of bigots and then linking the backtrack in the repeal of the Racial Discrimination laws to ramped up anti-terrorist laws, Brandis and Abbott have alienated the Australian Muslim community.

And one can only wonder as to why Abbott has chosen to instruct the Scottish people on how they should vote in their upcoming referendum on independence. Their response:

“Mr Abbott’s comments are hypocritical because independence does not seem to have done Australia any harm. They are foolish, actually, because of the way he said it. To say the people of Scotland who supported independence weren’t friends of freedom or justice, I mean, the independence process is about freedom and justice.”

The first minister said Scotland’s referendum on independence was a “model of democratic conduct” and Mr Abbott’s comments were “offensive to the Scottish people”.

Whilst alienating Russia, China, Indonesia, Palestine, Scotland, Malaysia, East Timor, PNG, the Muslim community, and veterans, we have also earned ourselves the title of Colossal Fossil for our refusal to take part in global action on climate change.

Domestically the picture is even more ridiculous. We reinstate knights and dames, we defend the rights of bigots, poor people don’t drive cars, breast cancer is linked to abortion, we are “unprepared for global cooling”, and can someone please explain to Brandis and Abbott what metadata is?

The Australia Institute, in a scathing review of the Commission of Audit, asked the following questions:

As one of the richest countries in the world Australian people have the potential, when working together, to do anything they want. But, we cannot do everything we want. Australia will need to make choices and it is our choice whether we want to:

  • have the world’s best education and health systems or the world’s lowest taxes
  • continue to outspend our neighbours on defence or underspend on tackling climate change
  • increase the incomes of the elderly and the sick or to cut the taxes of our wealthiest residents.

Yesterday, all my troubles seemed so far away

Now it looks as though they’re here to stay

Oh, I believe in yesterday

 

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Multiple Ministers Scoring ‘Own Goals’

Over the past week or so we have witnessed examples of possibly the most mistake prone bunch of ministerial amateurs we have seen in the past 60 years. Each in their own way would qualify as a contender for the title, “Own Goal of the Year” award, should such a title ever become a reality.

Joe Hockey is claiming that Australia’s gold plated credit rating will be at risk if parliament fails to approve a path back to surplus. Joe is starting to sound desperate but I’m not sure if it has more to do with sharpening his leadership aspirations than his concern for the health of the Australian economy.

His comments to New Zealanders that our economy is in good shape are in stark contrast to what he has been telling us. His suggestion that our credit rating is at risk is simply laughable.

But now he is fighting off allegations that he was deliberately hiding budget papers prepared by Treasury that show low income earners to be bearing the brunt of the budget cuts. Did he not realise that we would see through that in a flash? One own goal.

Then, there is the Minister for Employment, Eric Abetz, who announced a revised work for the dole scheme requiring unemployed people to apply for 40 jobs a month if they want to receive benefits. That is spectacular in its absurdity. Professor Jeff Borland from Melbourne University says, “The international evidence is overwhelming. It’s hard to believe that the government couldn’t understand that this isn’t the best way to improve people’s employability.”

Professor Boland conducted an empirical study of the Howard government’s work for the dole scheme and concluded that such schemes are unlikely to help people looking for work. That’s hardly surprising. I could apply for 40 jobs in one week if I put my mind to it. Just how many replies I would receive is another matter. Just how many interviews I could attend if given the opportunity is questionable. Just how I would do all this while trying to fit in 25 hours of work for the dole is to question my capacity to replicate Superman. Abetz has even upset the business community. Collectively, they have voiced their concern that companies will be overwhelmed by job applications that could amount to 32 million a month. Pity the bulk of them couldn’t find their way to the office of the minister. I can’t believe Abetz didn’t see that one coming. Two own goals.

Now, we know that Social Services Minister, Kevin Andrews, wants to scrap the 90 minute rule that is used to determine how long is too long for someone to travel to work each day. Now, he is attempting to influence those couples in de facto relationships to get married for their own protection. Why the sudden concern now, or are his comments that de facto couples are more likely to separate, masking nothing more than Catholic Church teaching? His call is unlikely to result in any sudden rush to the altar though. His $200 coupons for marriage guidance have attracted just 1400 applicants from a budget of 100,000. Three own goals.

Attorney General, George Brandis and Communications Minister, Malcolm Turnbull are at odds over piracy laws. Brandis says that internet service providers were not ”innocent bystanders” and should contribute to the costs of an anti-piracy crackdown.
Malcolm says that rights holders concerned about copyright infringement should sue those who illegally download material. One would have thought that such senior government ministers would have consulted one another before releasing statements that contradict each other. Neither seems to understand the internet very well. Four own goals.

Last week, Environment minister, Greg Hunt approved the multibillion dollar Carmichael Coal Mine development by Indian company Adani, which threatens the Great Barrier Reef. Hunt has incurred the wrath of Greenpeace which now plans to mount a campaign targeting any Australian bank that might be inclined to provide finance for the project. Putting aside Adani’s woeful environmental track record, Kate O Callaghan’s expose on the potential damage to the Great Barrier Reef and the dubious economic benefits to Australians spells out, all too clearly, that this decision will haunt Hunt for the foreseeable future. Five own goals.

But the “Own goal of the Week” must surely go to Tony Abbott for his ‘Leadership Call’ on the shelving of plans to alter Section 18C of the Racial Discrimination Act. It’s another broken promise and has even drawn criticism from trusted friends (Bolt, et al.). It has also caused great distress among Liberal party members who have flocked to their beloved Institute of Public Affairs (IPA), threatening to quit the party. Wow! Six own goals.

What a mesmerising collection of mixed messages that these utterly rattled and hopelessly confused people are sending out to the good folks in voter land; all of them, it would appear, determined to lead the charge to electoral disaster. I guess we can only hope that they will be spectacularly successful in achieving that.

 

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Opaque and irresponsible

Tony Abbott promised to “restore accountability and improve transparency measures to be more accountable to you”.

This is a reminder of just a few of the stories that put pay to that hollow pledge.

They began their era of accountability by denying Freedom of Information.

Freedom of Information

“An attempt by technology media outlet Delimiter to retrieve the ‘Blue Book’ incoming ministerial briefing of Communications Minister Malcolm Turnbull under Freedom of Information laws has failed, with the Federal Government as a whole appearing to standardise around interpreting its rights as blocking such documents wholesale.”

“The first Abbott government budget will see the Office of the Australian Information Commissioner (OAIC) closed, and its functions assigned to other government agencies. This back-to-the-future move is likely to make it harder and probably more expensive for long suffering FOI users.

The budget shows that the FOI review function will be transferred back to the AAT from 2015 with the Attorney-General’s department responsible for overseeing the Freedom of Information Act and issuing FOI guidelines. In essence Attorney General George Brandis will be expected to drive the decades-long effort to change the culture of secrecy to one of openness and facilitation of access to information.”

The next step was to gag ministers and employees.

Keeping Ministers in check

Prime Minister Tony Abbott admits that he has ordered all ministers contact his office before speaking to the media, saying his government needs to speak with a ‘‘united voice’’.

On Wednesday, an email leaked to the Australian Financial Review, Mr Abbott’s senior press secretary, James Boyce, informed ministerial staff that all requests for interviews, right down to ABC local outlets, must be vetted by Kate Walshe who has taken over leadership of communications in Mr Abbott’s office.

In the leaked email, Mr Boyce wrote: ”All media co-ordination and requests should go through Kate first. This covers all national media interviews on television, radio and print. This includes any ABC local radio or ABC television interviews, the Sunday program, Sky News, and metropolitan print media longer-format interviews, etc.

“With any regular appearances on shows such as Sky AM Agenda, they should first have been coordinated through Kate at least the day before.”

Social Media Gag

On Sunday, Samantha Maiden reported that the Department of Prime Minister and Cabinet had issued new social media guidelines that included a clause instructing employees that there “is an expectation” to dob in colleagues if they see them do anything on social media that might contravene the code of conduct. Such things included being “critical or highly critical of the Department, the Minister or the Prime Minister”.

The new guidelines made it a contravention of the code if anything you did on social media “could be perceived” as “compromising the APS employee’s capacity to fulfil their duties in an unbiased manner”. While this was particular to comments made about “policies and programmes of the employee’s agency”, it could be applied to other matters. “Such comment does not have to relate to the employee’s area of work.”

Raids to confiscate damning evidence in a case before the International Court were the next step.

Timor l’Este

“A lawyer representing East Timor in its spying case against Australia says his office has been raided by the Australian Security Intelligence Organisation (ASIO).

Bernard Collaery says a number of agents seized electronic and paper files on Tuesday afternoon from his law practice in Canberra.

He says the agents identified themselves as working for ASIO and the AFP, and would not show his employees the search warrant because it related to national security.

East Timor will launch a case in The Hague alleging the Australia Secret Intelligence Service (ASIS) covertly recorded Timorese ministers and officials during oil and gas negotiations in Dili in 2004, allegedly giving Australia the upper hand.

Mr Collaery also says a key witness in the Timorese case – a former spy turned whistleblower – has been arrested in a separate raid in Canberra.”

Next on the list…muzzle the ABC and journalists (unless you are Andrew Bolt).

The ABC

Prime Minister Tony Abbott has stepped up his criticism of the ABC, accusing the national broadcaster of being unpatriotic in its coverage of the Edward Snowden leaks and asylum seeker abuse claims.

Mr Abbott also questioned the ABC’s newly established Fact Check unit, saying he wanted the corporation to focus on straight news gathering and reporting.

“A lot of people feel at the moment that the ABC instinctively takes everyone’s side but Australia’s,” he said in an interview with Ray Hadley on Sydney radio station 2GB.

“I think it dismays Australians when the national broadcaster appears to take everyone’s side but its own and I think it is a problem.”

Brandis’ National Security plans.

The attorney general, George Brandis, would decide who would be prosecuted under a controversial new provision in national security legislation designed to head off a homegrown Chelsea Manning or Edward Snowden.

The reforms proposed by the Abbott government are intended to make it easier for the peak spy agency, Asio, to monitor computers and computer networks. They also contain provisions which create a new offence punishable by five years in jail for “any person” who discloses information relating to “special intelligence operations”.

The broad wording in the proposed anti-leaking provision has prompted some leading criminal lawyers, the journalists’ union and media companies to warn the change could criminalise not only the initial disclosure, but any subsequent reporting of Snowden-style intelligence leaks.

An explanatory submission by Brandis’s department to the new JPCIS inquiry makes it plain that it will be the attorney general who decides who will be prosecuted under the new provisions.

We don’t want no stinkin’ accountability…

Open Government Partnership

THE Abbott government is reconsidering Labor’s pledge to sign Australia up for a major international transparency and citizen engagement initiative.

Australia was expected to formally enter the Open Government Partnership this month, joining 63 other nations in rolling out action plans to make their governments more open and accountable to the public.

Boys Own meets the bastard child of Secret and Magnificent Seven.

Operation Sovereign Borders

The current management arrangements for Operation Sovereign Borders have little to commend them. They confuse accountability and provide scope for too much buck-passing. Their only obvious virtue, if it can be called that, is that they provide a veneer of military respectability for what, underneath, is an unedifying spectacle. And it has given employment to former major-general Jim Molan, who apparently had some hand in designing the operation’s ”concept”. Molan says he is, of all things, the operation’s ”troubleshooter”. It would be interesting to know how many targets he’s hit thus far, with what effect and at what cost.

In general, the provision of information on the operation’s workings and the public accountability about it fall well short of reasonable expectations. Some restrictions on operational grounds will be necessary but blanket bans on fessing up about all ”on-water matters” are absurd. It’s the equivalent of the ridiculous notion in sport that ”what happens on the field of play, stays on the field”. If current habits were to be extended to under the water, on the land and under it, and in the air, the accountability shop could just about be shut up.

UN denied access to offshore detention camps

Inspectors from a UN working group say they were denied access to Nauru after an initial invitation from the Nauruan government to investigate conditions in the detention centre.

The group’s leader Mads Andenas told a New Zealand radio station access had been cancelled, with the Nauruan government citing “practical reasons for it not being suitable, practical for us to come”.

Professor Gillian Triggs blamed the Abbott government for blocking the visit.

“Behind this is the Australian government pulling the strings in relation to who denies the UN access, but it’s just outrageous to deny the UN,” she told Fairfax Media.

“It’s an astonishing thing to do, to deny the very groups that are set up to monitor these matters globally with the consent of most of the international community, including Australia,” she said, following a National Press Club address on Wednesday.

Professor Triggs was similarly denied access to the Nauruan detention centre in February by Immigration Minister Scott Morrison on the grounds that the commission’s jurisdiction did not extend beyond Australia’s borders.

Human rights advocates say this is the second time in a month that UN delegates have been refused access to Australian detention centres offshore.

Last month a delegate from the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, was refused a meeting with asylum seekers and G4S in the Manus detention centre.

Children in detention

“The Refugee Council is demanding Immigration Department staff be sacked if they were involved in a cover-up about the scale of mental health issues among child asylum seekers in detention.

Yesterday a Human Rights Commission inquiry was told that Immigration Department officials reacted with alarm at figures showing the extent of mental health concerns among young detainees.

“[They] asked us to withdraw these figures from our reporting,” psychiatrist Dr Peter Young said.

Any hint of government corruption may not be discussed.

Suppression Order

Australia has secured a super-injunction order barring its media from reporting on a corruption case implicating top leaders from Malaysia, Indonesia and Vietnam in deals with the Reserve Bank of Australia (RBA).

The case stems from the long-running allegations of bribery involving RBA subsidiaries Securency and Note Printing Australia to obtain contracts to supply polymer notes to the governments of Malaysia, Indonesia, Vietnam and other countries.

According to WikiLeaks, Canberra invoked grounds of “national security” in order to secure the so-called super-injunction, claiming that censoring reports on the matter would “prevent damage to Australia’s international relations.”

“With this order, the worst in living memory, the Australian government is not just gagging the Australian press, it is blindfolding the Australian public,” WikiLeaks chief Julian Assange said in the statement. “The concept of ‘national security’ is not meant to serve as a blanket phrase to cover up serious corruption allegations involving government officials, in Australia or elsewhere… Corruption investigations and secret gag orders for ‘national security’ reasons are strange bedfellows.”

MP expenses

Under pressure to explain why taxpayers should spend thousands of dollars to help politicians compete in sports events and attend colleagues’ weddings, Mr Abbott said there would “always be arguments at the margins” and changing the rules would achieve nothing.

“I’m not proposing to change the system,” Mr Abbott said on Thursday. “You don’t want members of Parliament to be prisoners of their offices.”

Liberal Party slush funds

The sensational corruption inquiry into alleged Liberal Party slush funds is expected to be adjourned within days to give investigators time to examine new evidence.

Federal ICAC

It is time the Liberal Party accepted that corruption among politicians, public officials and businesspeople is not confined to the states or to its opponents.

The NSW Labor conference unanimously passed a motion that Labor’s national conference next July debate support for a federal ICAC. The federal ICAC would have royal commission-style powers to investigate MPs and public officials in relation to bribery, travel expenses and donations, while providing advice about ethical and legal duties.

The Labor motion even proposes a federal ICAC tackle white-collar crime, as the Serious Fraud Office does in Britain.

Former NSW ICAC chief David Ipp has told the ABC it is ”so screamingly obvious that there is a breakdown in trust” and that a federal ICAC is required.

Yet the Liberals have rejected every attempt to create one.

Abbott has questioned the need for it, notwithstanding his party’s appalling record on travel expenses.

We will not see the promised cost benefit analyses for anything costing over $100 million. The NBN has become a secret. Anything you want to know is commercial-in-confidence, or on-water, or a matter of national security, or before the courts. We will decide what we tell people in this country and how they will be told.

In contrast…

Peter Slipper

“In June, Mr Slipper’s lawyers argued the charges should be dismissed under the Mental Health Act because of the former MP’s state of mind.

The court was told that Mr Slipper’s life had spiralled into one of despair as a result of the criminal allegations, but the magistrate ruled the trial go ahead for the sake of the public interest.”

Royal Commission into Union Corruption

I will be recommending the establishment of a Royal Commission to inquire into alleged financial irregularities associated with the affairs of trade unions. It will inquire into the activities relating to ‘slush funds’ and other similar funds and entities established by, or related to, the affairs of these organisations.

It will address increasing concern arising from a wide range of revelations and allegations involving officials of unions establishing and benefiting from funds which have been set up for purposes which are often unknown and frequently unrelated to the needs of their members.

 

Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.

Atifete Jahjaga

 

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Bigots or the disabled?

There could be no starker signal of this government’s intentions than the appointment of Tim Wilson as the Human Rights Commissioner for ‘Freedom’ at the expense of disability commissioner Graeme Innes.

In opposition, Senator Brandis was prepared to publicly criticise Mr Innes for advocating on behalf of Australians with a disability, blaming the ‘ideological culture’ within the Human Rights Commission.

The following biographies come from the Australian Human Rights Commission website. I will leave it to you to judge who you feel is better qualified and able to make an important contribution to our society.

Graeme Innes has been Australia’s Disability Discrimination Commissioner since December 2005. During that time he has also served as Australia’s Human Rights Commissioner for three and a half years and as Race Discrimination Commissioner for two years.

Graeme is a Lawyer, Mediator and Company Director. He has been a Human Rights Practitioner for 30 years in NSW, WA and nationally.

As Commissioner, Graeme has led or contributed to the success of a number of initiatives. These have included the Same Sex: Same Entitlements inquiry, which resulted in removal of discrimination across federal law; the drafting of the United Nations Convention on the Rights of Persons with Disabilities, and its ratification by Australia.

Graeme was also crucial to the development of the National Disability Strategy and the Disability (Access to Premises – buildings) Standards 2010; as well as the establishment of Livable Housing Australia.

Graeme has also been an active high profile advocate for the implementation of cinema captioning and audio descriptions and, as Human Rights Commissioner, undertook three annual inspections of Australia’s Immigration Detention facilities.

Graeme has been a Member of the NSW Administrative Decisions Tribunal; the NSW Consumer, Trader and Tenancy Tribunal; and the Social Security Appeals Tribunal. He has also been a Hearing Commissioner with the Human Rights and Equal Opportunity Commission.

Graeme was Chair of the Disability Advisory Council of Australia, and the first Chair of Australia’s national blindness agency, Vision Australia.

In 1995 Graeme was made a Member of the Order of Australia (AM). In 2003, he was a finalist for Australian of the Year.

Graeme is married with an adult son and a daughter in high school. He enjoys cricket (as a spectator) and sailing (as a participant), and relaxes by drinking fine Australian white wine.”

Tim Wilson was appointed Australia’s Human Rights Commissioner in February 2014.

Dubbed the “Freedom Commissioner”, Tim is a proud and passionate defender of universal, individual human rights. As Commissioner he is focused on promoting and advancing traditional human rights and freedoms, including free speech, freedom of association, worship and movement and property rights.

Prior to his appointment Tim was a public policy analyst and a policy director at the world’s oldest free market think tank, the Institute of Public Affairs. He has also worked in trade and communication consulting, international aid and development, as well politics. He has served as a Board member of Monash University’s Council and on the Victorian Board of the Australian Health Practitioner Regulation Agency. Tim is a Director of Alfred Health.

He has extensive experience in public debate and has had many regular radio and television commitments, with both commercial and public broadcasters. The Australian newspaper recognised Tim as one of the ten emerging leaders of Australian society. He has written extensively for newspapers, journals and books. He recently co-edited the book Turning Left or Right: Values in Modern Politics.

Tim graduated with a Bachelor of Arts (Policy) and a Masters of Diplomacy and Trade (International Trade) from Monash University. He has also completed executive education at Geneva’s Institut de Hautes Etudes Internationales et du Développement and the World Intellectual Property Organisation’s Worldwide Academy.

Tim lives with his partner, Ryan.”

Graeme has vast experience and many practical accomplishments to point to in his years of active service as an advocate for the disabled and a defender against discrimination. Tim Wilson is an aging Young Liberal from the IPA who goes on TV a lot.

Wilson did not have to go through any application or interview process to land this job. George Brandis must have been impressed with the cut of his jib when they spent an enjoyable evening together at the IPA’s 70th Anniversary bash in April last year because, as soon as he had the power, George rang Tim to tell him he had created a new job for him that would pay well over $300,000 a year and he still got to do his tv gigs.

Unfortunately, George did not offer any new money to the HRC to take Tim on. Instead, he abolished Graeme’s position.

Andrew Bolt, who was MC for the IPA’s birthday party, in an article titled “In praise of George Brandis”, gives some insight into the reasons behind this decision when he quotes a Brendan O’Neill interview with Brandis:

“He describes the climate-change debate as one of the ‘great catalysing moments’ in his views about the importance of free speech. He describes how Penny Wong … would ‘stand up in the Senate and say “The science is settled”. In other words, “I am not even going to engage in a debate with you”. It was ignorant, it was medieval, the approach of these true believers in climate change.’ … And to Brandis, this speaks to a new and illiberal climate of anti-intellectualism, to the emergence of ‘a habit of mind and mode of discourse which would deny the legitimacy of an alternative point of view, where rather than winning the argument [they] exclude their antagonists from the argument’…”

You have to be kidding, George. The highly-funded denial campaign has not only had a very loud voice in the media, but it has also successfully dictated policy. The opinion that “the science is settled” is shared by all those not in thrall to the fossil fuel industry.

Your government has systematically gone about removing any voice of dissent and silencing all argument in every arena. Increasingly you are hiding what you are doing, not only from the public, but from other elected representatives. Turning refugees into a military problem to escape all accountability and oversight is beyond your legitimate powers. You have no right to act alone, refusing to answer questions from the Senate.

The O’Neill interview continues…

“The second thing that made him sharpen his pen and open his gob about the importance of freedom of speech was the case of Andrew Bolt… In 2010, he wrote some blog posts for the Herald Sun website criticising the fashion among ‘fair-skinned people’ to claim Aboriginal heritage, under the headlines: ‘It’s so hip to be black’, ‘White is the New Black’ and ‘White Fellas in the Black’… They were removed from the Herald Sun’s website. Anyone who republishes them risks being arrested and potentially jailed.

Brandis is stinging about this case. The judge ‘engaged in an act of political censorship’, he says, with a journalist ‘prohibited from expressing a point of view’. The reason Brandis is so keen to ditch the bit of the Racial Discrimination Act that allowed such a flagrant act of ideological censorship to take place in twenty-first-century Australia is because while it is justified as a guard against outbursts of dangerous racism, actually it allows the state to police and punish legitimate public speech and debate. ‘And the moment you establish the state as the arbiter of what might be said, you establish the state as the arbiter of what might be thought, and you are right in the territory that George Orwell foreshadowed’, he says …

Brandis says … he’s bent on overhauling Section 18C … because it expands the authority of state into the realm of thought, where it should never tread, he says. ‘…In my view, freedom of speech, by which I mean the freedom to express and articulate beliefs and opinions, is a necessary and essential precondition of political freedom.’

How does this gel with your direction to public servants that they may not post opinions critical of government policy on social media and that they should dob in any colleagues who do?

How does it fit in with the fact that Liberal Party MPs ban anyone who posts links to documents (eg fiscal statements) or makes comments disproving the rhetoric on their Facebook pages?

How does it fit in with new laws outlawing the right to protest?

And could I suggest that Operation Sovereign Borders is as Orwellian as you can get.

I am assuming the 5,500 submissions received about your proposed repeal of Section 18C is the kind of debate you welcome and that you and your Freedom Commissioner may learn a few things. One can only hope that you pay attention.

 

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Bigotry, mockery and humiliation

After telling us in the Senate that people have a right to be bigots, in a press conference today Senator Brandis said we must also defend their right to mock and humiliate others as this leads to a robust democracy. To defend this outrageous statement he referred to three examples.

First was the “infamous example of the Bolt case” where Andrew Bolt was found to have contravened section 18C of the Racial Discrimination Act when he published a series of articles suggesting that it was fashionable for “fair-skinned people” of diverse ancestry to choose Aboriginal racial identity for the purposes of political and career clout, implying certain individuals had been given their positions purely because of a distant ancestor rather than earning them on merit.

The applicants sought an apology, legal costs, and a gag on republishing the articles and blogs. They did not seek damages. In other words, had Bolt apologised and agreed not to republish before the matter went to court, there would have been no court case and no cost.

Senator Brandis says it is up to the victim to stand up for themselves. These people tried that – Bolt refused to say sorry and continued publishing related material. He has a large audience in both the print and television media. How were these nine people supposed to “stand up for themselves” without legal recourse?

The next example was even more bizarre. Senator Brandis said it was ok to mock and humiliate because they do it every day in Parliament. People’s feeling may be hurt but hey, shit happens. (The last sentence is me paraphrasing – the one before it sadly isn’t.)

I found this astonishing. He suggests that humiliating people is a crucial part of the robust debate necessary for a strong democracy. What a load of bullshit. That shows how low our Parliament has sunk. We naively think we are electing them to govern – to make decisions based on expert advice for the greater good. They think they are there to win the insult game.

The third example was the media. Brandis said to the assembled journalists “You mock we politicians every day and so you should”. Personally I would prefer if they reported accurately on what you are doing and provided informed comparative analysis.

These examples from Senator Brandis, that government and media like to mock and humiliate people, are why over 100,000 people marched in March. We want better. In fact we demand better.

Every year, people, many of them children, commit suicide because of mockery and humiliation. It is not ok to deliberately try to embarrass people. The damage done can be long term if not irreparable. While considering how you can protect Andrew Bolt from ever having to say sorry, consider this:

  • One student in every four in Australian schools is affected by bullying, says recent research commissioned by the Federal Government.
  • An estimated 200 million children and youth around the world are being bullied by their peers, according to the 2007 Kandersteg Declaration Against Bullying in Children and Youth.
  • Kids who are bullied are three times more likely to show depressive symptoms, says the Centre for Adolescent Health.
  • Children who were bullied were up to nine times more likely to have suicidal thoughts, say some studies.
  • Girls who were victims of bullying in their early primary school years were more likely to remain victims as they got older, according to British research.
  • Children who were frequently bullied by their peers were more likely to develop psychotic symptoms in their early adolescence, says more UK research.
  • Girls were much more likely than boys to be victims of both cyber and traditional bullying, says a recent Murdoch Children’s Research Institute study.
  • Children as young as three can become victims of bullying, says Canadian research.
  • Young people who bully have a one in four chance of having a criminal record by the age of 30.
  • Bullying is the fourth most common reason young people seek help from children’s help services.

Senator Brandis, you have said that victims should stand up for themselves and the community should accept the responsibility for raising standards. That is what we are doing. We find the direction your government is taking offensive. The community requires you to do better. The many signs at the march in March gave you an indication of what we find offensive and the list is growing every day.

But today’s lesson, Mr Brandis, is that we do NOT want a country where our children think it is “necessary” to mock, humiliate, and embarrass people. We do NOT want our children to be bigots. We do NOT want our government and media to set this example. It’s unacceptable. Lift your game!

 

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Enough is enough

I am ashamed. I am ashamed of the appalling treatment handed out to our first female Prime Minister. I am ashamed of the inhumane treatment of traumatised people seeking sanctuary in our country. This is not the Australia I know or understand. This is not how the people I know think or behave. So where is this hatred coming from?

In a recent article, I pointed out the part Larry Pickering played in the harassment of Julia Gillard, bombarding politicians with hate filled emails about her accompanied by tasteless cartoons, and how it had been allowed to continue uncensured. Apparently his talent at drawing cartoons showing politicians’ penises makes him a formidable man to take on. After all, it’s better to pull your head in and say nothing than to have him draw you with a turtle dick.

Surprisingly, Pickering has some reach online with his Facebook page and blog The Pickering Post. A quick visit to his page, which I don’t recommend for the faint-hearted, shows he is still fixated with all things Gillard, the more “scandalous” the better. It appears to be an obsession he cannot let go.

Unsurprisingly, he also hates Muslims – all 1.6 billion of them. Today he wrote of the story of a 26 year old man marrying a 13 year old girl in an Islamic ceremony in NSW. The man has been arrested because this is illegal in our country and not tolerated in our society (unlike some other societies) – a point that Pickering neglects.

He uses this incident to incite hatred towards all Muslims.

“Islam brandishes its endemic paedophelia as a badge of honour, but we try desperately to protect our children from sexual abuse while turning our backs on the Islamic outrage rather than risk the “racist” label.”

Has he not been following the Royal Commission? How many Muslims were there in the Catholic priesthood or the Salvation Army or YMCA or Scouts?

“Religion is about the power of numbers. Islam demands the ovarian cycle must be used to its maximum and at the earliest possible age. Catholicism merely bans condoms, but both edicts are designed to have the same effect… an increase in numbers!”

Pssst Larry – the Catholics WAY outnumber the Muslims in this country, and can you tell me which religions are looking for a decrease in numbers?

“Cannot one appreciate the incompatibility of the weak, compliant Christian to the person born to Islam?”

Ask the asylum seekers we have detained illegally about how weak and compliant we Christians are.

“If your parents tell you, when you are young, that the colour red is actually blue or the World is actually flat, you will believe everyone else is wrong. You will have no choice but to believe your parents. This is the power of religious indoctrination of a child.”

Larry I live with a man who was firmly indoctrinated into the Catholic faith until he was 18. It is amazing what safe haven, education, and love can do to overcome religious indoctrination.

“Therefore their base culture demands the total destruction of non-believers. The non-believers are dangerous apostates likely to convert others to their evils and must be eradicated at all cost. This is what they are taught from birth and this is what they believe with a passion that has no equal.”

There are no doubt some fundamentalist groups like the Taliban and Al Qaeda that may think this way. That is why moderate Muslims flee from places where these people carry out their reign of terror and oppression.

“The congregational togetherness (mosque) is designed to reinforce the disgusting policies of inhumanity toward anyone who is of a different faith. Christianity uses its congregational churches in the same way. There are many fiercely competitive Christian churches but there is only one Islamic mosque… can you see why we are losing?”

Losing our marbles from the sound of it. My local church does not want to “reinforce policies of inhumanity” any more than my Muslim friends want to. This is 21st century Australia Larry, not the Crusades.

“The Islamic preoccupation with decapitation is also clear! If you don’t believe what I believe, my prophet’s command is to behead you, that is my scriptural command. I am commanded by Allah and the Prophet Mohammed to do this! I cannot disobey, I am Muslim!

Islam is the only World religion to legitimise beheadings.”

Now you are getting seriously delusional. You seem to want to project the actions of individuals onto an entire religion. How many people have been beheaded in Australia Larry? Or even worldwide? You obviously have the stats at your fingertips. Or did you just see that YouTube clip?

“Islam is anything but a “religion of peace”. It is a way of life, a barbaric, base culture born of Mongolian inspired historic violence and inhumanity toward non-believers, and women.”

Gee I seem to remember something called the Spanish Inquisition not to mention the practice of burning witches. Does Joan of Arc ring any bells? The barbarism of history is a burden shared by us all Larry. Quoting things that may have happened in 768 or 1086 is hardly relevant to today’s society.

“The terms “extremist” and “fundamentalist” are misnomers of the weak apologists for Islam. There are no extremists, they don’t exist… just faithful, obedient, adherents to the one blind Islamic faith. The people next door who you would borrow a cup of sugar from (as the 9/11 bombers were described to be) have been ordered by Allah to kill you.”

Are you suggesting that my neighbours are Islamic jihadists who should not be kept behind a pool fence? Or that the kid that I gave a lift to to cricket all those years was just waiting for an opportunity to behead me? Get a grip, man!

Far be it from me to make a psychiatric evaluation but can I assure you Larry, I do not lie awake at night expecting to be murdered in my bed. Such fears are often described as paranoia. I suggest you discuss them with someone more qualified than I.

I am not a lawyer but it is my understanding that the laws involving hate speech and discrimination towards a race or religion are similar.

The Racial Discrimination Act 1975 forbids hate speech on several grounds. The Act makes it “unlawful for a person to do an act, otherwise than in private, if the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and the act is done because of the race, colour or national or ethnic origin of the other person, or of some or all of the people in the group”

The Racial Discrimination act states that racial hatred is against the law.

Racial hatred (sometimes referred to as vilification) is doing something in public based on the race, colour, national or ethnic origin of a person or group of people which is likely to offend, insult, humiliate or intimidate.

Examples of racial hatred may include:

• racially offensive material on the internet, including eforums, blogs, social networking sites and video sharing sites

Few Australian jurisdictions prohibit religious vilification, but almost all prohibit racial vilification; if a complaint is made about conduct that was because of a person’s religion/race, it can be dealt with and recorded as a “racial vilification” complaint. In this way the abusive treatment of a Muslim can be addressed and resolved even if – as is usually the case in Australia – the law does not cover religious vilification.

I would call on Attorney General George Brandis to enforce the law and stop people like the odious Larry Pickering from spreading his hate-filled venom and religious vilification, and I would call on all Australians to say enough is enough – this has to stop!

 

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We Can’t Afford to Waste Money on The Arts, We have Submarines and Planes to Buy!

“It’s important to note, especially for parents, that there just isn’t a straight line between what you do at school and what you go on to do. I argue in my new book it’s like being on the ocean. You keep correcting your course according to things that happen to you. And we end up writing a resume, which makes it look like it was a plan. There was a study by a professor at Duke University looking at the degree majors for leaders in 500 companies in Silicon Valley. Forty percent were in math, science, or engineering, but 60% were in the Arts and Humanities

It’s a really important point because the education system is being strangled by this culture’s standardized testing. It’s leading school districts to cut arts and humanities programs. There are lots of kids now who never get to pick up an instrument, never get to perform in a play. There’s a nationwide project called Art on a Cart, where people push these trolleys with crayons and papers because there’s no art in the schools. They go from school to school pushing the cart, do some art with the kids, and then move to the next school. Because there is this perception that somehow these subjects aren’t relevant: We’ve got to get the kids through the tests so that we can get competitive again economically.”

Ken Robinson

So when I heard that a couple of people were not only ignoring St Russell’s example in refusing to vote but were actually attempting to start the Australian Arts Party. I decided that it might be a good idea to interview them to see why they felt that they needed to do this rather than join the Facebook group supporting Russell’s Revolution. (That group sure looks like it has a lot planned to change the system!)

In order to be informed, I thought I’d brush up on the Liberal Party’s Arts Policy so that I could ask them why they needed to start a whole new party when they have so many points of similarity with the Liberals. So I tried Wikipedia. Nothing relevant there. Of course, I’ll try the Liberal Website.

Page 1page 2page 3

Mm, I can’t seem to see it. Let me know if I missed it.

Well, perhaps, I should find out what the Arts Minister’s been saying since the election. Who is Minister for The Arts? Oh, that’s right, it’s the Attorney General, George Brandis. Well, that shows how important Abbott regards the Arts – he’s given it to the same person who manages one of the most important portfolios, so that he can also manage Arts in this country. As Attorney General, he should have plenty of spare time. Oh, he’s made some statement about a decision on the royalty re-sale scheme when the review that Labor set up is finished.

Yep, I’m beginning to understand why some people may feel that there needs to be an Arts Party. I began by asking them that very question.

Why do you feel the need for an Arts Party?

“After the last federal election I, and many of my friends, felt incredibly disaffected with the state of Australian politics. It felt like inspirational thinking and positivity had disappeared entirely from this country’s leadership. Instead, unrelenting negativity appears to be the best way to gain power for the big players.

Yet looking closer, there were signs of hope in the system. The fact that our democracy can tolerate many voices is actually a sign of its strength. Small fringe parties were appearing, offering new voices and, sometimes, new ideas. As we’ve seen over the last couple of elections, small parties and independents can also have a completely disproportionate amount of influence in this country’s management.

We’ve got parties for sex, science, animal justice, bullet trains, drugs, mining, smokers, shooters and fishermen… but no voice for Australian art and creativity! So we decided to do something about it. We want to see a co-operative and solutions-based approach to running this country now, and a bright future for our children to inherit.”

Who exactly are you?

“If you’re talking about who I am as one of the founders, well then my name is PJ Collins. I work by day as a multi-platform product manager by day (an interesting mix of creativity and technology). In my spare time I love telling stories through the short films or plays I write or direct. I live in Kingsford, Sydney, under the flight path, with my beautiful wife and two daughters that I love to bits. You can find our more about me or watch some of my films in the links at the bottom.

If you’re talking about the Australian Arts Party, then we’re currently 130+ people who believe we need a fresh positive voice, not only for promoting and encouraging arts and creativity, but also for shaping Australia’s future. Once we find, at least, another 400 people who agree with that aim, we’re going to officially register as a party, and start to actually be the difference we want to see, in how this country is run.”

What’s your response when someone suggests that we can’t afford to give money to the Arts, or that if the Arts can’t pay for itself, why should we subsidise it?

“I don’t actually think that “giving” is the correct word – when the state funds Australians to focus their energy on turning ideas into new intellectual properties, it’s really acting as a venture capitalist in our creativity. I think the main purpose of paying taxes is so the state can invest that money back into our combined development and future as Australians.

These creative investments often also produce spectacular financial returns! There are many many examples of this – too many to list here. The other returns, of a strengthened community, and Australians thinking deeper and more united, is a less tangible outcome, yet even more important (in my humble opinion). Creative expression reinforces the bonds that hold us together, by tapping into our ideas, skills and cultures, to move and inspire us as a people. It acts as a mirror for us to share emotions and to better understand each other and ourselves. I make the odd film and direct the odd play, I spend most of my time in the audience like everyone else. Being in the audience and participating is just as important as being on the stage or the screen.

Finally, as for the ‘big money’, we spent 0.93% of the 2013 budget in supporting community events, culture, creativity the arts and the organisations that administrate them. So that tiny sliver of the cash pie also includes a lot of things other than actually funding Australians to be creative and artistic directly.”

How did the idea come into existence? And also, a lot of people feel the need to do something politically, but never get past the “we should” stage. What motivated/helped you to actually put a plan into action?

“The idea was born over a few beers! Then I canvassed the idea to as many friends as I could to get their feedback. The response was overwhelmingly positive – “That actually sounds like a good idea PJ!”

I think the idea has actually been discussed thousands of times over the years by people across Australia, the only difference is that Nick and I decided to actually get off our arses and do something about it. Why? Well the idea felt good and the time is always right to create. One of my favourite sayings is ‘It’s not a dress rehearsal.’ I like putting that motto into action.”

What do you hope to achieve? Both your general aims and what will make you feel like it’s been a worthwhile exercise.

“Our clear vision is to bring a positive, humane and cooperative agenda back into our federal and state politics. We’re not interested in adding to problems, instead, we’ll work as hard as we can to find solutions that benefit everyone. We want hand ups not hand outs. We want every Australian to have to the tools and opportunity to develop and improve themselves through their entire lives. To be the best we can be in every sense.

In the short term of course, we need to find enough people who agree with this vision to help us become a legitimate voice in this country’s politics.

I ask anyone who’s read this far to please show their support by signing up as a founding member on our Indiegogo campaign page. That support costs as little as $20 for a three year membership. In the meantime we’ve announced creation of our foundation committee who have already started preparing our first policy document. You can also read more about our principles and values on our website of course.

There’s no clear end to the movement we’re trying to create here. We want to be a voice for reason and possibility ongoing in our national political conversation.”

Anything else you’d like to add?

“Well only that Australian creativity is truly a primary industry that creates wealth purely a drawn from our imagination and hard work. We’re not digging it out of the ground, we’re using our minds, our greatest natural resource. The future of Australia will be depend on the quality of our ideas and creative thinking far more than the size of our mines. And if you agree with that, then join us!”

If people would like further information, or to contribute to the formation of the party see links below.

Links:

http://www.indiegogo.com/projects/the-australian-arts-party

http://theartsparty.org/

https://www.facebook.com/TheArtsParty

Marriage equality, a matter of conscience

The impetus for marriage equality has been gaining ground for quite some years. Perhaps it’s the pragmatism of most Aussies, or the sense of justice which we place as a primary value which has lead a good majority of Australians to agree that our gay and lesbian citizens should be afforded equal rights under the law – the right to marry if they should choose to do so.

Gay and lesbian couples are currently able to marry in 15 countries which include France, The Netherlands, Spain, Canada, South Africa, New Zealand, Sweden, Portugal, Iceland, Denmark, Uruguay, Belgium and Argentina.

They can also wed in 13 states of the United States, and on the 17th of July this year England and Wales legalised gay marriage after Queen Elizabeth II provided the Royal Assent. As of next year, couples in England and Wales will be entitled to both civil and religious ceremonies, the latter at the discretion of individual religious organisations.

At the Federal level in Australia, the debate for and against marriage equality has been disappointing. Although former PM Gillard allowed a conscience vote on the issue, she herself voted against it reasoning that, as she did not believe in the institution of marriage per se then she could not vote in support of it. However, one might argue that although an existing discrimination does not effect oneself, is this reason enough to vote against legislation which would rectify the situation?

Tony Abbott has always treaded lightly when it comes to the issue of marriage equality, perhaps fearing that his own conservative Catholicism might have become an issue.

Some hope was given to the gay community via this interview as reported March 2010 by Crikey:

Abbott admitted to a “very poor choice of words” on 60 Minutes. Though, he told presenter Doug Pollard today: “I think blokes of my generation and upbringing do find these things a bit confronting. Anything that’s a bit different can be confronting.”

Abbott pleaded for time to, “I suppose, come to a more balanced and nuanced understanding of these things”. “Don’t hang me, please Doug, for an ill-chosen word,” he said.

“Yes, I am quite a conservative bloke. I do have a traditional background but it doesn’t mean I’m incapable of understanding the complexity of modern life.”

Gay groups have immediately welcomed Abbott’s apparent support for anti-discrimination legislation. He told Joy he was personally “not against the idea . . . in principle I would support it”.

However, what is said during an interview and Abbott’s deeds are often quite different from each other.

Additionally, what Tony Abbott says to one group of people is quite different when he has a different audience to appeal to, as by 2013 Abbott’s coming to a “more balanced and nuanced understanding” appears to have completely evaporated.

In the space of a few hours Opposition Leader Tony Abbott has called marriage equality “the fashion of the moment” to a conservative radio host and “a significant issue” to a group of reporters, leaving the LGBTI community unclear as to his position on the issue.

Tony Abbott has always made it clear that in spite of his attitude towards homosexuality being somewhat ambiguous stating that he “feels threatened by gays” while he himself has a sister who is lesbian, that he will never countenance the likelihood of any government which he leads ever supporting marriage equality.

Populism, thy name is Tony Abbott.

More than Tony Abbott’s attitude of feeling “threatened by gays” has been Abbott’s lack of intestinal fortitude when dealing with rabid homophobic Cory Bernardi. One would have to suspect that Bernardi’s comments are more akin to Abbott’s own opinion due to Abbott’s failure to make any decisive statement concerning Bernardi’s comments. Admittedly, Bernardi did resign from his position as Deputy Manager of Opposition Business 2012, but was only mildly rapped over the knuckles by Abbott. Abbott was to describe Bernardi’s comments as ill-disciplined, nothing more.

By June 18th 2013, nothing had changed with the Sydney Morning Herald reporting:

Senator Bernardi also stood by his controversial comments last year that the “next step” after recognising same-sex marriage was to support “creepy people” who chose to have sex with animals.

“Bestiality, of course it was an extreme example, but once again it’s linked to the radical agenda of the Greens Party,” he said.

The Fairfax media unable to extract an opinion from Tony Abbott concerning Bernardi’s extreme and offensive remarks, instead interviewed Malcolm Turnbull:

Malcolm Turnbull told Sky News none of the countries around the world that had legalised same sex marriage had gone on to legalise polygamy.

‘‘And the remarks about bestiality are obviously very extreme and extremely offensive and I dissociate myself from them completely,’’ he added.

Mr Turnbull thought it ‘‘quite likely’’ that Mr Abbott would allow the Coalition a conscience vote on legalising same sex marriage in the next Parliament.

Malcolm Turnbull was clearly over-optimistic in the belief that Abbott would contemplate even the remotest of likelihoods that same-sex couples be permitted marriage equality.

On September 16th, the ACT government introduced a bill to legalise same-sex marriage.

The ACT government has a long history of advocating laws to recognise same-sex partnerships, dating back to its civil unions legislation in 2006, which was quashed by the Howard government but re-enacted last year.

”This is something that I have consistently, albeit quietly, championed,” Mr. Corbell [ACT Attorney-General] said. ”It would be something I would be very proud of if the territory were to become the first jurisdiction in the country to legislate for same-sex marriage.”

It has now been confirmed that the federal government will challenge the ACT’s same-sex marriage laws in the High Court as soon as they are passed, or as per Corbell’s statement, as soon as they become operational. Brandis has already issued a warning to gay couples against marrying under ACT’s laws.

As per Mr. Corbell’s previous prediction, George Brandis has confirmed that his government will argue against marriage equality laws on the basis of “consistency”: that the territory’s laws are inconsistent with the Commonwealth Marriage Act. However, I suspect that the real impetus comes from Brandis’ statements suggesting that any reform is ”a threat” to the ”well-established position” that marriage laws are a Commonwealth matter. Or judging by Brandis’ previously stated opinion that “marriage is defined by custom”, that the security of this “custom” is perceived by himself as under threat.

Brandis:

Mr Deputy President, it is true that marriage is defined by law but, equally and importantly, marriage is defined by custom. In the whole history of our civilisation there has never been a time at which marriage was understood to be other than a relationship between a man and a woman.

I’m not surprised but I’m disappointed that there is a failure to acknowledge that this fundamental matter of inequality needs to be addressed.

In 1935 the “half-caste women of Broome” petitioned the WA Parliament declaring:

Sometimes we have the chance to marry a man of our own choice … therefore we ask for our Freedom so that when the chance comes along we can rule our lives and make ourselves true and good citizens.

Today, in 2013 we have the chance to allow our gay and lesbian citizens the same rights to marry, and for all Australians to achieve the same rights as did “the half-caste women” in 1935.

As a note: The reasoning given by Attorney-General George Brandis for his government challenging the validity of same-sex marriage rights is “inconsistency” with the Commonwealth Marriage Act. What then happens to Tony Abbott’s promise to shock-journalist Andrew Bolt to repeal section 18C of the Racial Discrimination Act (the section under which Bolt was convicted), thereby making federal legislation inconsistent with States’ and Territories anti-discrimination laws?

We have a battle, it seems, not just with a matter of conscience but also with a matter of consistency. Neither is making any sense. Discrimination (or populism) wins out against both.

 

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