Showing posts with label National Party of Australia. Show all posts
Showing posts with label National Party of Australia. Show all posts

Tuesday 18 December 2018

Scott Morrison's secretive new public sector corruption division with no teeth - not even a set of badly fitting dentures


Alan Moir Cartoon

A federal statutory body, the Australian Commission for Law Enforcement Integrity (ACLEI) has been in existence since December 2006 and is headed by the Integrity Commissioner. The current Integrity Commissioner is Michael Griffin AM.

There is also a Parliamentary Joint Committee on the ACLEI.

The Morrison plan for a new Commonwealth Integrity Commission (CIC) intends to retain the ACLEI as one of two divisions within the CIC and expand the number of government agencies within this first division’s jurisdiction from twelve (12) to sixteen (16) – otherwise it is business as usual for the multi-agency ACLEI.

At the same time the Morrison Government intends the over-arching CIC to have a second division – the Public Sector Division - without the full powers of statutory anti-corruption commissions.

It is this division which will be charged with investigating corruption allegations based on interactions of sitting members of federal parliament and departmental staff with corporations, lobby groups and private individuals.

Members of the public will have no right to lay complaints or concerns before the Deputy-Commissioner who will head this second division. Only departmental heads and the Australian Federal Police appear to have the right to refer a matter to the Public Sector Division.

The division will not hold public hearings or publish the results of any secret hearings. There will be no transparency in its processes.

This second division represents business as usual for federal parliamentarians, as the government of the day will be able to keep even the most egregious matters under its adjudication by asserting the matter should be classified as a straightforward Code of Conduct breach or a simple matter of non-compliance.

The new Commonwealth Integrity Commission is expected to have an annual budget of around $30 million. A sum which reflects its toothless status.

BACKGROUND


The Australian Government proposes to establish a Commonwealth Integrity Commission (CIC) to detect, deter and investigate suspected corruption and to work with agencies to build their resilience to corruption and their capability to deal with corrupt misconduct. The CIC will consist of a ‘law enforcement integrity division’ incorporating the existing structure, jurisdiction and powers of ACLEI and a new ‘public sector integrity division’. Both the law enforcement and public sector divisions of the CIC will be headed by separate deputy commissioners, who will each report to a new Commonwealth Integrity Commissioner. The two divisions will have different jurisdictional coverage, powers and functions, tailored to the nature of the entities within their jurisdiction. The law enforcement division will retain the powers and functions of ACLEI, but with an expanded jurisdiction to cover several further agencies that exercise the most significant coercive powers and therefore present a more significant corruption risk. The public sector division will cover the remaining public sector. As such, its powers and functions will be different to those of the law enforcement division and will be appropriately tailored.

Jurisdiction 

Law enforcement division
The law enforcement division will have jurisdiction over those agencies already within ACLEI’s remit, being:

• the Australian Criminal Intelligence Commission
• the AFP • the Australian Transaction Reports and Analysis Centre (AUSTRAC)
• the Department of Home Affairs, and
• prescribed aspects of the Department of Agriculture and Water Resources (DAWR).
 Its jurisdiction will also be expanded to cover additional public sector agencies with law enforcement functions and access to sensitive information, such as the:
• Australian Competition and Consumer Commission (ACCC)
• Australian Prudential Regulation Authority (APRA)
• Australian Securities and Investments Commission (ASIC), and
• Australian Taxation Office (ATO)……

Public sector division

The public sector division of the CIC will have jurisdiction over:

• public service departments and agencies, parliamentary departments, statutory agencies, Commonwealth companies and Commonwealth corporations
• Commonwealth service providers and any subcontractors they engage, and
• parliamentarians and their staff.

By extending the jurisdiction of the public sector division of the CIC to service providers and contractors, the CIC will have the capacity to oversee the integrity of entities which expend or receive significant amounts of Commonwealth funding where there is evidence of corrupt conduct that meets the relevant criminal threshold proposed. The CIC will also be able to investigate members of the public or other private entities that receive or deal with Commonwealth funds (and might not otherwise be within jurisdiction), to the extent that their suspected corrupt conduct intersects with a public official’s suspected corrupt conduct….

The public sector division of the CIC will be responsible for investigating ‘corrupt conduct’ where the commissioner has a reasonable suspicion that the conduct in question constitutes a criminal offence. Notably, the public sector division will investigate conduct capable of constituting a nominated range of specific new and existing criminal offences that will constitute corrupt conduct in the public sector.
 ‘Corrupt conduct’ will include abuse of public office, misuse of official information and non-impartial exercise of official functions. A range of consolidated and new public sector corruption offences will be included in the Criminal Code Act 1995 (the Criminal Code). The information below under the heading ‘Amendments to the Criminal Code’ outlines a preliminary summary of ways in which amendments might be made to relevant legislative offences that will collectively form the jurisdictional basis for the CIC. 

It is intended that the public sector division will focus on the investigation of serious or systemic corrupt conduct, rather than looking into issues of misconduct or non-compliance under various codes of conduct. Misconduct that is not defined as a criminal offence at Commonwealth law is considered more appropriately dealt with by the entities where the misconduct occurs: public sector agencies for public servants; Houses of Parliament for parliamentarians; the Prime Minister for Ministers; the Special Minister of State for ministerial staff….

Powers

Law enforcement division

The law enforcement division of the CIC will have access to the coercive and investigative powers that ACLEI currently does—these are necessary because the agencies within jurisdiction themselves have access to significant coercive powers and in many cases, sensitive intelligence, personal or other information. The consequences of corruption in circumstances where public officials have access to law enforcement or other coercive powers is generally more significant than for public officials without access to such powers. Those with access to coercive powers and knowledge of law enforcement methods are better able to disguise corruption and corrupt conduct can have a greater impact (for example, where millions of dollars of illicit drugs are permitted to enter the Australian economy). 8 The law enforcement division will have the power to:

• compel the production of documents
• question people
• hold public and private hearings
• arrest
• enter/search premises
• seize evidence
• undertake controlled operations and assumed identities, and
• undertake integrity testing.

Public sector division

The powers available to the public sector division reflect the different nature of the corruption risk in the areas it will oversight. The public sector division of the CIC will have the power to:

• compel the production of documents
• question people
• hold private hearings, and
• enter/search premises.

It will not be able to:

• exercise arrest warrants
• hold public hearings, or
• make findings of corruption, criminal conduct or misconduct at large.

The extent to which the CIC public sector integrity division will have the ability to access telecommunications and surveillance device powers will be part of the consultation process on the proposed model. The law enforcement integrity division will retain all powers that ACLEI currently holds......

Referrals about parliamentarians and their staff 

The public sector division could receive a referral regarding a parliamentarian or their staff that met the CIC’s threshold for investigation from the IPEA, the AEC, the AFP or other integrity agencies. For example, if the IPEA observed potentially corrupt conduct that it reasonably suspected was capable of constituting a criminal offence, it could refer that activity to the CIC for investigation. 

The public sector division of the CIC will also be able to investigate parliamentarians or their staff where an existing CIC investigation into suspected corruption within a different part of the public sector revealed evidence that will meet the investigation threshold. For example, if the CIC was investigating suspected criminal corrupt conduct within a procurement process involving a department, and through that investigation it found evidence suggesting corrupt activity by any Member of Parliament or member of the executive government which it reasonably expected met the relevant criminal threshold, the CIC could initiate an investigation into that matter. 

The CIC will not investigate direct complaints about Ministers, Members of Parliament or their staff received from the public at large.......

Tuesday 11 December 2018

Just three months out from a state election and the NSW Berejiklian Government decides to introduce a new punative public housing policy guaranteed to upset a good many voters



In 2016 est. 37,715 people in New South Wales were recorded as homeless on Census Night.

The following year the NSW Berejiklian Coalition Government had a public housing stock total of 110,221 dwellings and an est. 60,000 people on the Dept. of Housing 2017 waiting list.

Below is the state government’s answer to the effects of decreasing public housing stock and federal Coalition Government cuts to public housing funding allocations to the states - introduce a new initiative under the 'Opportunity Pathways' program which will cut the housing waiting list by increasing eligibility restrictions, privatise service delivery to certain categories of public housing applicants and tenants in order to ensure that vulnerable individuals and families are discouraged from seeking housing assistance.

The Daily Telegraph, 7 December 2018, p.2:

Public housing applicants will have to get a job if they want a taxpayer-funded home under a tough new test to be introduced in NSW.

The state government is overhauling the public housing system by stopping residents who languish on welfare for decades feeling entitled to a cheap home, paid for by the taxpayer, for their entire life.

Currently less than a quarter of social housing tenants are in the workforce. There are about 55,000 people on the public housing waitlist in NSW, and under the new program they will be able to skip the queue if they agree to get a job.

But if they get into the home then fail to get a job or maintain work they will be booted from the property.

Once they are secure in a job they will then move into the private rental market and out of the welfare system.

Social Housing Minister Pru Goward said the program will “help break the cycle of disadvantage”.

“This is about equipping tenants with the skills they need to not only obtain a job, but keep it over the longer term and achieve their full potential,” she said.

“We also want to set to a clear expectation that social housing is not for life and, for those who can work, social housing should be used as a stepping stone to moving into the private rental market.” The new program will be trialled in Punchbowl and Towradgi, near Wollongong, for three years across 20 properties. Its success will be evaluated over this time and it’s likely the program will be expanded across the state.

Homes will be leased for six months at a time, with renewal dependent on the resident maintaining their job or education, such as TAFE, and meeting agreed goals within the plan.


RFT ID FACS.18.30
RFT Type Expression of Interest for Specific Contracts
Published 23-Aug-2018
Closes 27-Sep-2018 2:00pm
Category (based on UNSPSC)
93140000 - Community and social services
Agency FACS Central Office

Tender Details

The NSW Department of Family and Community Services (FACS) is seeking Expressions of Interest (EOI) from non-government organisatons with the capability to deliver the Opportunity Pathways program.

Opportunity Pathways is designed for social housing tenants and their household members, approved social housing applicants and clients receiving Rent Choice subsidies who aspire and have the capacity to, with the appropriate support, gain, retain and increase employment.

The program is voluntary and uses a person-centred case management approach to provide wrap-around support and facilitate participant access to services to achieve economic and housing independence (where appropriate).

The objectives of the program are to:

assist participants to gain, retain or increase employment, by accessing supports and practical assistance, and by participating in education, training and work opportunities
encourage and support participants to positively exit social housing or Rent Choice subsidies to full housing independence, to reduce their reliance on governement assistance, where appropriate

Please refer to the Program Guidelines for further details.

Opportunity Pathways will run for three years and delivered across NSW in those locations where a need and service gaps are identified.

The program will be delivered by one or more providers following an EOI and Select Tender.

Location
NSW Regions: Far North Coast, Mid North Coast, New England, Central Coast, Hunter, Cumberland/Prospect, Nepean, Northern Sydney, Inner West, South East Sydney, South West Sydney, Central West, Orana/Far West, Riverina/Murray, Illawarra, Southern Highlands

Estimated Value
From $0.00 to $36,100,000.00

RFT Type
Expression of Interest for Specific Contracts - An invitation for Expression of Interest (EOI) for pre-registration of prospective tenderers for a specific work or service. Applicants are initially evaluated against published selection criteria, and those who best meet the required criteria are invited to Tender (as tender type Pre-Qualified/Invited). [my yellow highlighting]

As of June 2018 in NSW there were 200,564 people registered with Centrelink whose income was Newstart Allowance and, by September there were only est. 82,400 job vacancies available as the Internet Vacancy Index had been falling since April 2018. The number of job vacancies were still falling in October 2018 to 66,000 job vacancies.

Just three months out from a state election and it doesn't appear that the Berejiklian Cabinet or other Liberal and Nationals members of the NSW Parliament have thought this new policy through to its logical conclusion.

Monday 26 November 2018

Morrison Government looks at women's economic security and domestic violence


This was an Australian Morrison Coalition Government announcement mentioned in the media on 19 November 2018:

“Women experiencing domestic and family violence will now also be able to apply for early access to part of their superannuation to help cover the significant costs of rebuilding their lives….Good Shepherd Microfinance’s No Interest Loan scheme will help women at risk of domestic violence access finance when they most need it, without high interest holding back their financial recovery into the future. The loans will be able to assist with relocation, essential household items, rental bonds, or, where appropriate, debt consolidation….”  [Australian Government “Women’s Economic Security Statement”, excerpt, November 2018]

Bearing in mind that although the husband’s superannuation entitlements are considered property of the marriage these funds cannot be anticipated ahead of any court sanctioned property settlement in a divorce.


This was the situation in June 2018 according to the Australian Government Workplace Gender Equality Agency:
Women comprise 47.0% of all employed persons in Australia; 25.0% of all employed persons are women working full-time, and 21.9% are women working part-time.

Women constitute 36.7% of all full-time employees and 69.0% of all part-time employees.

Average superannuation balances for women at retirement (aged 60-64) are 42.0% lower than those for men.


According to ASFA Research and Resource Centre, in the financial year 2015-16:

* Looking at all females aged 15 years and over the superannuation balance averaged out at $68,499 per person.

* Only 16 per cent of females had superannuation balances of over $100,000.

* When it came to all women aged 30-35 years of age the superannuation balance averaged out at $33,750 per person.

* However, 32.7 per cent of all females in the workforce reported they had no superannuation at all. That’s an estimated 2 million women Australia-wide.

When it comes to that 2 million women without super it is probably safe to assume that; a) the majority form part of the casualised workforce; b) most receive the minimum wage or less; and c) a significant number live in regional and rural areas.

A good many may also be from socially marginalised groups.

Somehow I can’t quite see that a woman being able to access part of her superannuation, or in lieu of super being able to take out a meagre $1,500 interest free loan which has to be repaid, as being of much assistance when fleeing life-threatening violence.

Not while first contact domestic violence services she attempts to access - along with DV emergency accommodation - are so chronically under resourced across the country.

A word of advice to the Morrison Government from Fiona the Bettong; Just shut up about it and fund it - just do your job and fund it - we know your every word is a lie so shhhhh just fund it.

Looking straight at you, Nationals MP for Page Kevin Hogan. Act like a real man and get domestic violence services in the Northern Rivers region more funding - structured to increase annually - guaranteed for the next ten years. 

Saturday 24 November 2018

Tweets of the Week


Tuesday 6 November 2018

The portfolio trainwrecks Barnaby Joyce caused when he was in the ministry continue


It became obvious even before he lost leadership of the National Party of Australia, stood down as deputy prime minster and went to the government backbenches, that Barnaby Joyce oversaw a corrupt administration of national water resources.

Later it was revealed how he had blocked reform of the live animal export trade.

Now we find his porkbarrelling of the electorate he still holds has led to this.......

ABC News, 31 October 2018:

Australia's pesticides assessor is three months late delivering its report that reconsiders a chemical banned in other countries and linked to brain damage in children.

The report is the culmination of a 22-year process reviewing the health impacts of chlorpyrifos, a popular insecticide used in fruit and vegetable farming.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) had planned to deliver the report as part of its reconsideration process in September 2017.

However it revised its work plan and amended the deadline to August 2018.

The organisation is now saying the report will be released in early 2019.

An APVMA spokesperson blamed the delay on "the complexity of interpreting scientific information, particularly the epidemiological data", that is, the extent of health impacts caused by the chemical.

Within the organisation, just 15 per cent of chemical reconsiderations were finalised on schedule during 2017-18. The stated goal is 100 per cent.

APVMA has suffered staffing losses due to the 2016 decision by former agriculture minister Barnaby Joyce to move the organisation from Canberra to Armidale, inside Mr Joyce's electorate.

The organisation declined to address whether this had contributed to the delay.

Sunday 28 October 2018

On past performance it will only take state and federal National Party politicians and their mates a couple of years to drain Morrison's $5 billion Drought Future Fund


On 26 October 2018, in the face of ongoing allegations of financial gouging of the public purse and mismanagement of water resources in the Murray Darling Basin, Prime Minister and Liberal MP for Cook Scott Morrison unveiled his $5 billion Drought Future Fund at a summit attended by farmers, economists, industry bodies and state and federal ministers in Canberra....promising measures to drought-proof the nation's agriculture sector. The first $3.9 billion of the scheme, which would operate similarly to the Medical Future Fund, is to be paid for out of a pool of money originally intended for the National Disability Insurance Scheme.

What a brilliant idea.

Rob an already underfunded disability sector and the vulnerable people who depend on its services in order to beef up a proposed drought future fund,

What can possibly go wrong?

Well, on past history it will likely take National politicians and their mates about two years to empty this new fund  - with little to no drought-proofing to show for the taxpayer dollars they manage to redirect towards their own businesses.


The Age, 26 October 2018:

The Nationals' federal treasurer Peter Schwarz is accused of gouging much of the $850,000 he was paid by Australia’s largest drought-proofing project and calling in favours when pressed to account for the taxpayer cash.

As Prime Minister Scott Morrison launches his drought summit, leaked government files reveal that Mr Schwarz banked the taxpayer subsidies in November 2011 and then spent years resisting efforts from water officials to get him to or use it for its intended purpose – saving water.

The frustration of the Goulburn-Murray Water authority with the conduct of Mr Schwarz – who as well as being the Nationals key federal fundraiser is also running in next month’s Victorian election – is exposed in dozens of damning leaked authority files.

The files provide a case study of issues which are front and centre at Mr Morrison’s drought summit and which are being examined by drought envoy and Nationals MP Barnaby Joyce: using taxpayer funds to help farmers deal with drought, and, questions about whether backroom favours or mismanagement are undermining drought-relief efforts.

Among the leaked files is a July 15, 2016 memo from a water authority lawyer summing up his view of Mr Schwarz’s conduct after he joined hundreds of other farmers given cash incentives as part of Australia’s largest water saving initiative, the Connections Project. The project aims to help restore the Murray Darling water system.

The lawyer stated that after Mr Schwarz received $850,505 in 2011 – divided into $473,000 for on-farm water-saving measures and $300,000 to buy a neighbouring property – he ‘‘failed to perform any of the obligations despite having received the payment … in full.’’

‘‘The Schwarzes have spent much of the ensuing period attempting to make a case that, notwithstanding they entered into the agreement and received payment, they should not be bound to perform,’’ the July 2016 legal memo states.

The leaked files also reveal that Mr Schwarz sought to call on his personal relationship with a controversial high-ranking water official, Gavin Hanlon, and an unnamed ‘‘minister’’ to ‘‘support [his] cause’’.

Mr Hanlon was a senior Victorian water official who was headhunted by the NSW government as its irrigation chief. He quit his NSW post in 2017 after revelations of questionable dealings with farm lobbyists, sparking an ongoing investigation by the NSW Independent Commission Against Corruption……..

In a statement to Fairfax Media, the water authority said that seven years after it gave Mr Schwarz the funds, the stand-off over with him has been "substantially resolved." It is understood that Mr Schwarz and Goulburn-Murray Water have finally agreed that he will use the funds for water savings, but no work has as yet been done.

The files reveal intense frustration inside Goulburn-Murray Water not only about Mr Schwarz’s conduct but the authority’s inability to recoup taxpayer funds.

A note written by an employee in April 2014 states that: ‘‘Peter told me on a number of occasions he would prefer to deal with higher GMW management and would not be accepting the agreement he had previously signed.’’.......

BACKGROUND

SBC News, 1 December 2018:

The NSW public has a right to know whether a senior government executive, fired over her alleged involvement in the Murray-Darling water theft scandal, received a six-figure payout, the opposition says.

A report into water theft in the Murray-Darling Basin, released on Thursday, confirmed that along with top bureaucrat Gavin Hanlon's public resignation, a second executive was fired for her role in the alleged misconduct.

AAP understands the senior executive is a former National Party staffer and irrigation lobbyist, who was appointed to a senior job within the Department of Primary Industries in 2015.

Opposition water spokesman Chris Minns said the Berejiklian government should confess whether the executive had received a golden handshake on her way out the door......

In September, NSW Minister for Primary Industries Niall Blair said misconduct proceedings had started against Mr Hanlon.

Mr Hanlon was forced to resign as the Department of Industry director general in September following allegations of misconduct, including promising to share internal government documents with irrigation lobbyists in 2016.

Thursday's independent investigation into NSW water management and compliance report, authored by Ken Matthews, said the second senior executive is alleged to have also been involved in the teleconference.

According to her LinkedIn profile, the executive was a policy officer for lobby group Southern River Irrigators between 2011 and 2013 before becoming an advisor to federal senator Simon Birmingham for a year......

Thursday's report comes less than a week after both NSW and Queensland were slammed by a Murray-Darling Basin Authority (MDBA) review into water theft and regulation.

That inquiry found both states regularly failed to make sure irrigators complied with the Murray-Darling Basin Plan, and weren't transparent about their failures......

The Guardian, 27 September 2018:

A former water industry lobbyist preselected by the New South Wales National party to lead its Senate ticket in the next federal election has suggested examining Barnaby Joyce’s proposal to release more water for irrigators.

Once a lobbyist for Murray Irrigation, Perin Davey won the No 1 spot on the NSW National party’s Senate ticket earlier this month, after the longtime Nationals senator and bank campaigner John “Wacka” Williams retired and the former Nationals deputy leader Fiona Nash resigned over her dual citizenship.

Davey was part of the teleconference with NSW government water official Gavin Hanlon, when he allegedly offered documents stripped of the department logo to help irrigators lobby against the Murray-Darling basin plan.

Hanlon resigned following the revelations, which were referred to the NSW Independent Commission Against Corruption. The former water minister Kevin Humphries was also referred to the state watchdog. Icac makes it a practice not to comment any current investigations. Davey said she had not been interviewed by Icac and Guardian Australia does not allege any wrongdoing.

The meeting was exposed in the 2017 Four Corners episode that reported allegations that water was being harvested by some irrigators in the Barwon-Darling region of the Murray-Darling basin to the detriment of the environment and downstream communities.

Joyce, the former agriculture minister, had nominated Davey to the board of the Murray-Darling Basin Authority but, as a result of the fallout from the program, Davey asked Joyce to withdraw her nomination.

Davey, who now runs her own government relations company, said she was simply participating in a teleconference and that it was not unusual......


North Coast Voices:

13 MARCH 2018
Only a handful of NSW landowners to face court over Murray-Darling Basin water theft allegations? The NSW Government will prosecute several people over alleged water theft on the Barwon-Darling, eight months after Four Corners investigated the issue. WaterNSW has named the people it is taking to the Land and Environment Court over alleged breaches of water management rules.

13 APRIL 2018
Alleged irrigator water theft heading for the courts? A cousin by marriage of the current Australian Minister for Agriculture and Water Resources David Littleproud, John Norman, finds his agricultural business practices under scrutiny...

30 APRIL 2018
What the Australian Government didn’t want the UN to publish During Nationals MP for New England Barnaby Joyce’s disastrous sojourn as Australian Deputy Prime Minister and Minister for Agriculture and Water Resources the federal government began a successfull campaign to have the United Nations delete all criticism of Australia’s $13bn effort to restore the ailing Murray-Darling river system from a published study.

Thursday 25 October 2018

Australia 2018: It's not looking good for the Morrison Government



News.com.au, 23 October 2018:

IT’S not looking good for the Coalition.

New polling analysis has revealed the Morrison Government is facing an election wipe-out, with a drop in support across every mainland state and every voter demographic since Scott Morrison replaced Malcolm Turnbull as Prime Minister in August.

Analysis of four Newspolls since the August 24 leadership coup, published by The Australian this morning, reveals a potential loss of up to 25 seats across Australia based on two-party preferred swings since the 2016 election, with eight held by current frontbenchers.

It comes after a shocking 19 per cent swing against the Liberal Party at the Wentworth by-election on Saturday.

Swings against the Morrison Government of up to 5% in Queensland and 7% in South Australia are tipped.

While on the NSW North Coast pundits are suggesting that Nationals MP Kevin Hogan will have to fight hard to keep the Page federal electorate and that Nationals-held Cowper is also up for grabs.

Kevin Hogan is still mired in that ridiculous charade where he declared himself as an independent MP sitting on the cross bench in August 2018.

Despite the fact that:


b) remains the Deputy National Party Whip in the House of Representatives;

c) remains Deputy Speaker in the House of Representatives;

d) was preselected by the National Party as its candidate in Page for the forthcoming federal election; and

e) has always voted at the direction of the National Party both before and after his spurious move to the cross bench.