Showing posts with label Australian society. Show all posts
Showing posts with label Australian society. Show all posts

Thursday 13 July 2017

Tendered exhibits about child sexual abuse in Catholic institutions investigated by Catholic Church Insurance (CCI) and the Society of St Gerard Majella published by Royal Commission


Royal Commission into Institutional Responses to Child Sexual Abuse, media release:


10 July, 2017

The Royal Commission has published documents relating to Catholic Church Insurance (CCI) and the Society of St Gerard Majella that were tendered during the public hearing into Catholic Church authorities in Australia (Case Study 50).

The public hearing was held in Sydney in February 2017.

The CCI documents relate to investigations conducted by CCI into child sexual abuse claims to establish whether an insured Catholic Church authority had prior knowledge of an alleged perpetrator’s propensity to abuse.

The Royal Commission has published CCI documents relating to 22 alleged perpetrators.

The Society of St Gerard Majella was a Catholic religious institute founded in the 1960s. It was suppressed by the Vatican at the request of the Bishop of Parramatta in 1996, which had the effect of closing down the Society.

Please note that the documents in both exhibits (Exhibit 50-0012 and Exhibit 50-0013) contain redactions of names and identifying information that are subject to directions not to publish.

Visit Case Study 50 and go to exhibits to find the documents.

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Wednesday 28 June 2017

Real Aussie Values by First Dog on the Moon

The changing face of the Australian Government's 'Multicultural Statement'


Three different prime ministers and three very different statements.

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STATEMENT ON RACIAL TOLERANCE (PRECURSOR TO STATEMENT OF MULTICULTURAL POLICY) 1996 – Prime Minister John Howard (Liberal-Nationals Coalition)


In October 1996, the government formally reaffirmed its commitment to racial respect. The Prime Minister moved a statement on racial tolerance in the Australian Parliament's House of Representatives.

The statement read:

'That this House:
* reaffirms its commitment to the right of all Australians to enjoy equal rights and be treated with equal respect regardless of race, colour, creed or origin
* reaffirms its commitment to maintaining an immigration policy wholly non-discriminatory on grounds of race, colour creed or origin
* reaffirms its commitment to the process of reconciliation with Aboriginal and Torres Strait Islander people, in the context of redressing their profound social and economic disadvantage
* reaffirms its commitment to maintain Australia as a culturally diverse, tolerant and open society, united by an overriding commitment to our nation, and its democratic institutions and values
and
* denounces racial intolerance in any form as incompatible with the kind of society we are and want to be.'

The statement was supported by the Opposition Leader and carried unanimously.

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STATEMENT OF MULTICULTURAL POLICY 2011 – Prime Minister Julia Gillard (Labor Party)



The Australian Government is unwavering in its commitment to a multicultural Australia. Australia’s multicultural composition is at the heart of our national identity and is intrinsic to our history and character.

Multiculturalism is in Australia’s national interest and speaks to fairness and inclusion. It enhances respect and support for cultural, religious and linguistic diversity. It is about Australia’s shared experience and the composition of neighbourhoods. It acknowledges the benefits and potential that cultural diversity brings.

Australia’s multicultural policy embraces our shared values and cultural traditions. It also allows those who choose to call Australia home the right to practice and share in their cultural traditions and languages within the law and free from discrimination.

Australia is a multicultural nation. In all, since 1945, seven million people have migrated to Australia. Today, one in four of Australia’s 22 million people were born overseas, 44 per cent were born overseas or have a parent who was and four million speak a language other than English. We speak over 260 languages and identify with more than 270 ancestries. Australia is and will remain a multicultural society.

Supporting Australia’s multicultural policy, the Australian Government has a wide ranging engagement with Australia’s First Peoples—the Aboriginal and Torres Strait Islander Peoples. This includes strengthening relationships through the National Apology, supporting the United Nations’ Declaration on the Rights of Indigenous Peoples, establishing the National Congress of Australia’s First Peoples and an expert panel to build a national consensus on the recognition of Indigenous people in the Australian Constitution.

Australia’s multicultural policy endorses and draws upon the Australian Multicultural Advisory Council’s advice and recommendations to government of April 2010. It is about embracing and benefiting from the strength of our different cultural traditions. It responds to our cultural diversity and aims to strengthen social cohesion.

Australia’s multicultural policy acknowledges that government services and programs must be responsive to the needs of our culturally diverse communities. It commits to an access and equity framework to ensure that the onus is on government to provide equitable services to Australians from all backgrounds.

Australia’s multicultural character gives us a competitive edge in an increasingly globalised world.

Multiculturalism is about all Australians and for all Australians.


Principle 1: The Australian Government celebrates and values the benefits of cultural diversity for all Australians, within the broader aims of national unity, community harmony and maintenance of our democratic values.
Diverse cultural expression enriches all Australians and makes our multicultural nation more vibrant and creative. An enduring theme of Australia’s multicultural policy is that everyone belongs. We celebrate diversity and recognize that expressions of diversity sit within Australia’s national legal framework.
Principle 2: The Australian Government is committed to a just, inclusive and socially cohesive society where everyone can participate in the opportunities that Australia offers and where government services are responsive to the needs of Australians from culturally and linguistically diverse backgrounds.
Australians from all backgrounds will be given every opportunity to participate in and contribute to Australia and its social, economic and cultural life. Australians from all backgrounds are also entitled to receive equitable access to government services. The Government will strengthen its access and equity policies to ensure that government programs and services are responsive to the needs of Australia’s culturally and linguistically diverse communities. Australia’s multicultural policy aligns with the Government’s Social Inclusion Agenda where Australians of all backgrounds feel valued and can participate in our society.
Principle 3: The Australian Government welcomes the economic, trade and investment benefits which arise from our successful multicultural nation.
Immigration brings much needed skills and labour. It has also given us energy, ingenuity and enterprise. Immigration and cultural diversity have created economic renewal and prosperity in our communities. Our trade relations have been strengthened, our business horizons broadened and we have become more open to the world. Our diversity of cultures and our multilingual workforce give Australia a distinct competitive advantage in the global economy.
Principle 4: The Australian Government will act to promote understanding and acceptance while responding to expressions of intolerance and discrimination with strength, and where necessary, with the force of the law.
Racism and discrimination affects people’s health and wellbeing and denies people fair access to opportunities and services. The Australian Government opposes all forms of racism, discrimination, intolerance and prejudice. The Government has in place anti-discrimination laws and is committed to measures which counter racism and discrimination.


Australia’s successful multicultural society and our democracy are built around shared rights and responsibilities that are fundamental to living in Australia. These key rights and responsibilities are enshrined in our citizenship pledge which requires future citizens to pledge their loyalty to Australia and its people, uphold our laws and democracy and respect our rights and liberties. These rights and liberties include Australians of all backgrounds being entitled to celebrate, practice and maintain their cultural heritage, traditions and language within the law and free from discrimination.


Australia will continue to have an ever evolving and ever diversifying population.
We will continue to be multicultural. This helps create a strong economy, drives prosperity and builds Australia’s future. It will also enable Australia to enjoy the cultural and social benefits that cultural diversity brings. Multiculturalism is our shared future and is central to our national interest.



The Government will establish a new independent body, the Australian Multicultural Council (AMC), to replace the current Australian Multicultural Advisory Council (AMAC).

This responds to AMAC’s cultural diversity statement, recommendation two, which calls for a permanent and independent bipartisan body that can advise and consult on policies and emerging issues to inform a national multicultural Australian strategy.

The terms of reference of AMC will be broader than the current AMAC, in that AMC will:

* act as an independent champion of our multicultural nation
* have a formal role in a strengthened access and equity strategy
* have a research advisory role around multicultural policy
* assist with cultural diversity celebrations and Harmony Day activities
* implement a ‘multicultural ambassadors’ program to articulate the benefits of and help celebrate our multicultural nation.

The AMC will also continue the current AMAC role of advising the Government on multicultural affairs policy. The Government will appoint members to the AMC using a merit-based and independent selection process, such as that used to appoint directors to the boards of ABC and SBS. This will provide for a more independent and non-partisan framework for the appointment of AMC members.


The Australian Government has no tolerance for racism and discrimination. In response to AMAC’s cultural diversity statement recommendation three, the Government will implement a new National Anti-Racism Partnership and Strategy. This will be a partnership arrangement between: the Department of Immigration and Citizenship; the Australian Human Rights Commission and the Race Discrimination Commissioner; the Department of Families, Housing, Community Services and Indigenous Affairs; the Australian Multicultural Advisory Council or its successor body, the AMC; and the Attorney-General’s Department. The partnership will also consult extensively with non-government organisations in shaping and implementing its strategy. This arrangement will:

* draw together expertise on anti-racism and multicultural matters to form a critical mass
* expand the number and influence of networks in the refugee, migrant and broader community sectors
* enhance the leadership capacities of both government and civic society to be agents of change across Australia
* support a commitment to innovation, effective communication and accountability in the development and implementation of social policy in this key area.

The partnership will design, develop and implement the strategy. It will have five key areas of effort: research and consultation; education resources; public awareness; youth engagement; and ongoing evaluation. It will also take into account and build on existing efforts and resources in these areas.
This strategy would complement the other initiatives announced in Australia’s Human Rights Framework around broader human rights programs and the full-time appointment of the Race Discrimination Commissioner. The Race Discrimination Commissioner will also have a leadership role in promoting the strategy.


To ensure that government programs and services are responsive to Australians from culturally and linguistically diverse backgrounds, the Australian Government will strengthen the access and equity framework.

AMAC has called for a strengthened and more independent access and equity framework in recommendation five of its cultural diversity statement. In response to this recommendation the Government will:

* Ask the new Australian Multicultural Council (AMC) to manage the access and equity strategy from 2012 to help strengthen the independence of access and equity reporting from government and provide for a more robust reporting framework.
* Conduct an inquiry into the responsiveness of Australian Government services to clients disadvantaged by cultural or linguistic barriers. The outcome of this inquiry would provide the Government with a comprehensive view on how existing services are performing and how they could be improved.
*Work with state and territory governments under the Council of Australian Governments (COAG) to ensure that data collected by government agencies on client services can be disaggregated by markers of cultural diversity, such as country-of-birth, ancestry, languages spoken at home and level of English proficiency. This will feed into the yearly Report on Government Services (ROGS), which is coordinated by the Productivity Commission.


The Australian Government will reprioritise the existing scope of the Diversity and Social Cohesion Program to include funding for multicultural arts and festivals small grants. Multicultural arts and festivals provide opportunities for Australians of all backgrounds to come together and experience different cultural experiences. This encourages social cohesion and mutual understanding.
$500 000 over the four financial years will be allocated to these grants to encourage and support community groups to express their cultural heritages and traditions.


In recognition that sport and active recreation activities are proven strategies to build social and community cohesion, the Australian Government will establish a Multicultural Youth Sports Partnership Program. The aim of the program would be to create connections and involve youth from new and emerging communities, and culturally and linguistically diverse backgrounds (including refugees and minor refugees), through sport and active recreation activities.
The program will be administered by the Australian Sports Commission (ASC) and will connect youth from culturally and linguistically diverse (CALD) backgrounds into neighbourhood sports and community organisations.

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STATEMENT OF MULTICULTURAL POLICY 2017 – Prime Minister Malcolm Turnbull (Liberal-Nationals Coalition)




Our shared story

Australia is the most successful multicultural society in the world, uniting a multitude of cultures, experiences, beliefs, and traditions. We owe our accomplishments as a nation to the contributions of more than 300 different ancestries—from the First Australians to the newest arrivals.

We have flourished in part thanks to our cultural diversity that is underpinned by our common values and commitment to freedom, security, and prosperity.

Our nation is enriched by Aboriginal and Torres Strait Islander people, the oldest surviving culture on the planet, and the millions of people who have chosen to make a new life here.

For more than 50,000 years First Australians have lived, learned, adapted and survived on the lands we now call Australia. Living side by side, they consisted of over 250 different language groups or ‘nations’ across the continent, each with distinctive cultures, beliefs, and dialects. Descendants of these nations represent the oldest surviving culture on the planet and have stories of times and places beyond the memory of any other people.

The story continued with the foundation of modern Australia, through British and Irish settlement and the establishment of our parliamentary democracy, institutions, and law. Over time, our story grew to include the millions of people from all continents who have made Australia home.

Today, Australians welcome those who have migrated here to be part of our free and open society, to build their lives and make a contribution to our nation.

Over time this coming together of many peoples helped build our infrastructure, enlivened our communities, enhanced our cultural experiences, increased our opportunities and, most significantly, expanded the way we see and engage with the world.

Building mutual obligations between government, the community, and the individual – regardless of nationality – strengthens our resilience and sense of belonging.

Together we have built the modern and prosperous Australia we are today, with our shared values, rights and responsibilities.

Shared values

Our values unite us and create social bonds between us. They provide the foundation for our society and a shared future in which everyone belongs. Our values are based on:

RESPECT
We respect and we are committed to the rule of law and allegiance to Australia.
We have respect for the liberty and dignity of all individuals.
We value our diversity and embrace mutual respect, inclusion, fairness, and compassion.

EQUALITY
We support equality of men and women.
We believe in equality before the law.
We believe in equality of opportunity for all.

FREEDOM
Our commitment to freedom is fundamental.
We support freedom of thought, speech, religion, enterprise, and association.
We are committed to a parliamentary democracy.
We take responsibility for fulfilling our civic duties.

Practices and behaviours that undermine our values have no place in Australia.

We all benefit from our nation’s economic success, cultural and religious freedom, and diversity. Maintaining a strong commitment to our common values is in the best interests of the Australian people.

Shared rights and responsibilities

We recognise the importance of mutual respect and mutual responsibility. Our success as a multicultural society is due to a balance of rights and responsibilities that ensure a stable, resilient, and harmonious society where we seek to give everyone the opportunity to contribute to—and benefit from—our prosperity.

Ours is a society founded on a liberal-democratic tradition in which the fundamental rights of every individual are inviolable.

Citizenship is a privilege and, as part of the Australian Citizenship Ceremony, new citizens pledge and affirm ‘loyalty to Australia and its people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey’.
Australians rightly expect that everyone who is in our country, whether or not they are Australian citizens, obeys Australian laws, supports our democratic process, and treats all people with respect and dignity.

A safe and secure Australia

Underpinning a diverse and harmonious Australia is the security of our nation. The Australian Government places the highest priority on the safety and security of all Australians. Recent terrorist attacks around the world have justifiably caused concern in the Australian community.

The Government responds to these threats by continuing to invest in counter-terrorism, strong borders, and strong national security. This helps to ensure that Australia remains an open, inclusive, free, and safe society.

In the face of these threats, however, we do not compromise on our shared values and national unity. The Government affirms that we best reinforce the safety of the Australian community by focusing on what unites us and addressing our differences through mutual respect.

Shared vision for the future

Australia is united by a shared commitment to our nation and our democratic institutions and values. We are all encouraged to promote acceptance and understanding, and ensure our society continues to be safe, cohesive, and harmonious.

In this statement, the Government continues promoting the principle of mutual respect and denouncing racial hatred and discrimination as incompatible with Australian society.

* It complements other Government policies and programs that, together with numerous community and volunteer activities, inspire, support and sustain our unity. For example:

* The Adult Migrant English Program supports eligible migrants and humanitarian entrants to learn foundation English language and settlement skills to enable them to participate socially and economically in Australian society.

* The Government’s Multicultural Access and Equity Policy ensures programs and services meet the needs of all Australians, whatever their cultural and linguistic background.

* Pathways to citizenship give new migrants the opportunity to be full and active participants in civic society.

* The Government supports a strong and diverse multicultural media through radio, print, online and television.

* Harmony Day was established in 1999 and is now celebrated by thousands of Australians each year, spreading a message of inclusiveness, respect and belonging for everyone.

* The Australian Multicultural Council acts as a key advisory body, providing robust and independent advice to Government.

Australians do not take our harmony and prosperity for granted. Together—as individuals, groups, and at all levels of government—we will continue to build stronger, more cohesive and prosperous communities, guided by our shared values and the following strategic directions.

Encouraging economic and social participation of new arrivals

Australia has a rich history of migrants contributing to our social and economic fabric. This continues today with our inclusive multicultural society providing opportunities for new migrants to contribute to the success of our nation.

Together, the efforts of communities, schools, non-profit organisations, faith-based organisations, employers, and governments are providing opportunities for people to positively contribute to Australian society.

People who migrate to Australia share the search for new opportunities or a better life.

At the same time, economic and social integration by new migrants and their families is vital to their future. Feeling connected to their new home and being a part of Australian society creates a sense of worth and belonging.

The Government provides a settlement framework, widely considered best practice, designed to help new migrants integrate into Australian life. Settlement programs support migrants to become self-reliant and active members of the Australian community.

Some new arrivals, particularly through Australia’s refugee and humanitarian program, benefit from specialised support. This includes help learning English and gaining necessary education or employment skills. The Government remains committed to helping humanitarian entrants, especially during the first five years after arriving in Australia, so they can build a better life and become self-sufficient, fully contributing members of society. The Australian Government is currently reforming settlement services to deliver improved English language, education and employment outcomes for humanitarian entrants.

Harnessing the advantages of our diversity and shared national interest

English is and will remain our national language and is a critical tool for migrant integration. At the same time, our multilingual workforce is broadening business horizons and boosting Australia’s competitive edge in an increasingly globalised economy. 
Our cultural diversity is one of our greatest assets – it sparks innovation, creativity and vitality. Our economy is strengthened by the skills, knowledge, linguistic capabilities, networks and creativity of our diverse workforce. Our productivity and competitiveness are enhanced through our ability to recognise and seize opportunities for international economic engagement.

This includes the talent of the many temporary migrants who contribute to the Australian economy and society while they are here. Many settle permanently in Australia, while others return to their home country or move to another country, further strengthening our cultural, trade and economic opportunities overseas.

Government, businesses and industry all play a part in promoting and maximising the benefits of our diverse workforce.

Continuing to build harmonious and socially cohesive communities

Our shared Australian values are the cornerstone of our economic prosperity as well as our socially cohesive society.

Sharing our cultural heritage is part of celebrating what it means to be Australian and helping everyone to feel included in our society. Community harmony builds national unity. Common experiences create shared histories and shape shared futures.

In contrast, racism and discrimination undermine our society. We condemn people who incite racial hatred.

Regular inter-faith and inter-cultural dialogue is critical to reduce the possibility of tensions within communities and to strengthen cohesion and harmony. Such dialogue helps to reduce prejudice, promote cross-cultural understanding, improve relations between different ethnic and religious groups, and enhance the sense of belonging and trust.

Regardless of cultural background, birthplace or religion, everyone in Australia or coming to Australia has a responsibility to engage with and seek to understand each other, and reject any form of racism or violent extremism.

Conclusion

Successive Australian Governments have established a firm commitment to a multicultural Australia. It is timely to renew and reaffirm the Government’s commitment with this new statement: a clear message on the values and responsibilities that underpin our society, support our national interest and guide how we respond to challenges. It presents a vision for our future as a strong and successful multicultural nation, united by our allegiance to Australia and committed to freedom and prosperity.

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Thursday 22 June 2017

Airbrushing the ugly underbelly of special religious education classes in state public schools


Government reports that review policies which interface education, religion and political ideology can be slippery creatures......

The Sydney Morning Herald, 21 September 2016:

The findings and recommendations of a controversial $300,000 review of special religious education and ethics classes in schools has been kept under wraps by the NSW government for up to nine months.
The review was a recommendation of a 2012 upper house inquiry into ethics classes in NSW schools, which found they should be retained as an option for students who do not want to take part in special religious education.
The inquiry recommended the Department of Education publish the number of students taking part in ethics (SEE) and special religious education (SRE) classes, or neither, and that both types of class be reviewed in 2014-15.
The review, by ARTD Consultants, cost $295,988. Submissions closed on July 31 last year and the review was due for delivery to the NSW government shortly after the contract period ended on December 31…..
A spokesman for Mr Piccoli confirmed the cost of the review.
But he would not say when the report was handed to the government, whether a draft was first provided to the minister, when it would be released or when the government would respond…
A new enrolment form was later introduced that removed a clear choice between ethics and scripture by omitting a box that could be ticked by parents who wanted to enrol their children in ethics classes.
It came after documents obtained under freedom of information laws revealed religious groups blamed the introduction of ethics classes for falling participation in special religious education classes for the 2015 school year.
The NSW government's review of scripture in public schools deleted a section of a 2015 draft report showing children were exposed to lessons on the conservative Christian concept of "headship" – where women "submit" to their husbands – and negative messages on homosexuality.
When the Department of Education released a final report in April, after a 17-month delay, sections of the draft report that validated scripture opponents' concerns about the growing and unacknowledged influence of evangelical Christian groups in state schools were deleted or paraphrased.
The deleted sections included a primary school principal's difficulty obtaining evidence of working with children clearances from a special religious education (SRE) or scripture provider, and examples of children exposed to messages on gender and homosexuality that breached department guidelines…..
The draft ARTD Consultants report found an unidentified major Christian publisher's lesson material taught "the concept of 'headship' and that women should submit to their husbands, abstinence only sex education, negative LGBTI messages and that sexual intimacy is only acceptable to God between a married man and woman".
The Department of Education deleted the sentence and replaced it with the words: "The text also contained messages about sex education, which is not appropriate or the role of SRE"…..
The department deleted a section of the draft stating the conservative Sydney Anglican Diocese-backed Generate Ministries "has become a very influential player" in the delivery of secondary school SRE. The organisation was founded by Sydney Anglican Youthworks, Presbyterian Youth NSW, NSW Baptist Churches and Scripture Union NSW.
The department also deleted that "parents (and schools) appear to be largely unaware of the links their high school SRE teacher might have with Generate Ministries", and that the "influence" of third party groups "such as Generate Ministries on the delivery of SRE is currently unacknowledged".
It replaced the section with a sentence noting that the roles of boards, committees and "third party groups doing their human resource functions may not always be known or clear to parents", and without identifying Generate Ministries. 
Generate Ministries is governed by its founding partners, has at least 110 SRE "boards" and received $4 million in government funds in 2016 to provide chaplains in more than 200 NSW schools. Its website values include seeking to "be dependent on God" and "model courageous, entrepreneurial, servant-hearted leadership". 
The final ARTD Consultants report released in April noted some NSW school principals reported feeling "undue pressure" from a scripture provider, but the Department of Education deleted the draft report's naming of it as an Anglican provider…..
The final report retained a section of the draft showing a large Christian publisher's workbook in 2015 contained material that was "age-inappropriate and insensitive to children's welfare", with "negative passages" including that "cancer is a consequence of our sin and a gift from God" and that "we should die for our faith if necessary".
The ARTD report found the level of complaints about SRE was low but they were most often about lesson content. Parents were less satisfied than principals and scripture providers that complaints were handled appropriately.

BACKGROUND

NSW Dept. of Education, website as of 19 June 2017:

Review of Special Religious Education and Special Education in Ethics in NSW government schools
The 2015 Review of Special Religious Education (SRE) and Special Education in Ethics (SEE) in NSW Government Schools was conducted by ARTD Consultants.
The report makes 56 recommendations. 22 of the recommendations will be considered in consultation with the NSW Consultative Committee for SRE and NSW Consultative Committee for SEE. The department has responded to the remaining 34 recommendations. These are provided as separate documents.
Full report (PDF 2.96MB) [airbrushed report, dated 23 March 2016]*

* My annotation

Monday 19 June 2017

Australian Law Reform Commission recommends a National Plan to combat elder abuse


"4.40 Stakeholders reported many instances of abuse of people receiving aged care. These included reports of abuse by paid care workers and other residents of care homes, as well as by family members and/or appointed decision makers of care recipients. For example, Alzheimer’s Australia provided the following examples of physical and emotional abuse:
When working as a PCA [personal care assistant] in 2 high care units, I witnessed multiple, daily examples of residents who were unable to communicate being abused including: PCA telling resident to ‘die you f—ing old bitch!’ because she resisted being bed bathed. Hoist lifting was always done by one PCA on their own not 2 as per guidelines and time pressures meant PCAs often using considerable physical force to get resistive people into hoists; resident not secured in hoist dropped through and broke arm—died soon after; residents being slapped, forcibly restrained and force-fed or not fed at all; resident with no relatives never moved out of bed, frequently left alone for hours without attention; residents belongings being stolen and food brought in by relatives eaten by PCAs."
[Elder Abuse—A National Legal Response (ALRC Report 131), p.110]

In 2016 people 65 years of age and over comprised 15.3 per cent of the Australian population. This represents over 3.5 million older people, a figure the Australian Bureau of Statistics expects to grow to  9.6 million people by 2064.

The Turnbull Government needs to consider the recently published Australian Law Reform Commission report and act on its recommendations.

Australian Law Reform Commission, media release, 15 June 2017:
Elder Abuse—A National Legal Response

The Australian Law Reform Commission (ALRC) is delighted to be launching its Report, Elder Abuse—A National Legal Response (ALRC Report 131), on World Elder Abuse Awareness Day 2017.

The ALRC was asked to consider Commonwealth laws and legal frameworks and how they might better protect older persons from misuse or abuse, and safeguard their autonomy.

The Report includes 43 recommendations for law reform. The overall effect will be to safeguard older people from abuse and support their choices and wishes through:

* improved responses to elder abuse in residential aged care;
* enhanced employment screening of care workers;
* greater scrutiny regarding the use of restrictive practices in aged care;
* building trust and confidence in enduring documents as important advanced planning tools;
* protecting older people when ‘assets for care’ arrangements go wrong;
* banks and financial institutions protecting vulnerable customers from abuse;
better succession planning across the self-managed superannuation sector;
* adult safeguarding regimes protecting and supporting at-risk adults.

These outcomes should be further pursued through a National Plan to combat elder abuse and new empirical research into the prevalence of elder abuse.
ALRC President Professor Rosalind Croucher AM, Commissioner-in-charge of the inquiry, said, “In developing the recommendations in this Report, we have worked to balance the autonomy of older people with providing appropriate protections, respecting the choices that older persons make, but also safeguarding them from abuse.”

The Report represents the culmination of research and consultation over a 15-month period, during which the ALRC consulted with 117 stakeholders around the country, released two consultation documents, and received more than 450 submissions.

Professor Croucher said:  “The ALRC is indebted to the broad range of individuals and organisations who have contributed to evidence base that informs its recommendations. In particular I thank the many individuals who generously shared with the ALRC personal stories of heartache and frustration, and of families torn apart by elder abuse. It is significant that the Attorney-General, Senator the Hon. George Brandis QC, has chosen to mark the launch of the Report today —with advocates and service providers —at the 2017 World Elder Abuse Awareness Day Forum.”


Thursday 8 June 2017

So you want to drug test welfare recipients, Mr. Porter?




A handy little DSS fact sheet informs us that drug testing at three trial sites will run for two years and that; The tests will detect use of drugs including ecstasy, marijuana and methamphetamines, including ice. However, the minister and his department remain silent as to the cost of this program.
                                                                                                                                                
We-ell…… I just don’t find any of these statements a convincing argument for drug testing a select number of Centrelink recipients on unemployment benefits commencing 1 January 2018, in the hope that just 8.48 per cent of them will initially test positive.

After all the workforce generally seems likely to have the same addictive issues and no-one is talking of drug testing them before distributing wages.

For example:

In 2013, just over 40% of Australians either smoked daily, drank alcohol in ways that put them at risk of harm or used an illicit drug in the previous 12 months; 3.1% engaged in all 3 of these behaviours. [National Drug Strategy Household Survey Detailed Report 2013]

Over 48,000 Australians were on a course of pharmacotherapy treatment for their opioid dependence on a snapshot day in June 2015.

Wastewater analysis conducted in the latter half of 2016 shows that alcohol and tobacco consumption was the highest of all substances tested in all states and territories.

Declines were seen in recent use of some illegal drugs in 2016 including meth/amphetamines (from 2.1% to 1.4%), hallucinogens (1.3% to 1.0%), and synthetic cannabinoids (1.2% to 0.3%).
About 1 in 20 Australians had misused pharmaceuticals in 2016 (4.8%).

While the number of politicians over the years who have allegedly been drunk in charge of a parliamentary vote is notable – everyone from prime ministers and cabinet ministers right down to lowly backbenches if a recent Google search is a reliable indicator.

Sunday 28 May 2017

Australian case law has a Minties Moment


The applicant appeared in person, having declined the opportunity to be represented by a solicitor funded by a grant of legal aid. Her stated reason for having done so is that as “a Druid (Celtic Pagan Priest) … being represented by a solicitor in Court is not an option.” According to Strabo, druids were once held in such high regard that they could quell any private or public dispute, including a stand-off between opposing armies: Geographica at 4.4.4. Their jurisdiction was divine and limitless. By contrast, and fortunately for the applicant, the jurisdiction of Australian inferior courts is statutory and limited. [Morgan v District Court of New South Wales [2017] NSWCA 105, 23 May 2017]

Friday 26 May 2017

ULURU STATEMENT FROM THE HEART, 26 May 20017


ULURU STATEMENT FROM THE HEART
We, gathered at the 2017 National Constitutional Convention, coming from all points of the southern sky, make this statement from the heart:
Our Aboriginal and Torres Strait Islander tribes were the first sovereign Nations of the Australian continent and its adjacent islands, and possessed it under our own laws and customs. This our ancestors did, according to the reckoning of our culture, from the Creation, according to the common law from ‘time immemorial’, and according to science more than 60,000 years ago.
This sovereignty is a spiritual notion: the ancestral tie between the land, or ‘mother nature’, and the Aboriginal and Torres Strait Islander peoples who were born therefrom, remain attached thereto, and must one day return thither to be united with our ancestors. This link is the basis of the ownership of the soil, or better, of sovereignty. It has never been ceded or extinguished, and co-exists with the sovereignty of the Crown.
How could it be otherwise? That peoples possessed a land for sixty millennia and this sacred link disappears from world history in merely the last two hundred years?
With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia’s nationhood.
Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future.
These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
We call for the establishment of a First Nations Voice enshrined in the Constitution.
Makarrata is the culmination of our agenda: the coming together after a struggle. It captures our aspirations for a fair and truthful relationship with the people of Australia and a better future for our children based on justice and self-determination.
We seek a Makarrata Commission to supervise a process of agreement-making between governments and First Nations and truth-telling about our history.
In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.
26 May 2017