Turnbull Government, business and industry still out to suppress minimum wage

According to the Australian Treasury in November 2017;  

On a variety of measures, wage growth is low....

However, weaker labour productivity growth seems unlikely to be a cause of the current period of slow wage growth in Australia. Over the past five years, labour productivity in Australia has grown at around its 30-year average annual growth rate....

An examination of wage growth by employee characteristics using the Household Income and Labour Dynamics in Australia (HILDA) survey and administrative taxation data suggests that recent subdued wage growth has been experienced by the majority of employees, regardless of income or occupation.....

This is true across the States and Territories, across industries, and across both the public and private sectors. Real wage growth – wage growth relative to the increase in prices in the economy – has also been low.

The Reserve Bank of Australia suggests in its March Quarter 2017 Bulletin that there is"

...some tentative evidence that the relationship between wage growth and labour market conditions may have changed, and that this may help to explain recent low wage growth. Using job-level micro wage data, we also find that, since 2012, wage increases have been less frequent and wage growth outcomes have become much more similar across jobs.

In Australia a minimum wage is an employee’s base rate of pay for ordinary hours worked.

Being paid at the minimum wage rate means that a worker is paid the lowest hourly income for his/her labour that is legally allowable.

At the beginning of the 21st Century (January 2001) the national minimum wage was $10.53 per hour or $400.40 per 38 hour week (before tax).

The current national minimum wage is $18.29 per hour or $694.90 per 38 hour week (before tax) according to the Fair Work Commission.

That represents a rise of $7.76 an hour over the course of 17 years - the equivalent of 45 cents a year.

Not a spectacular hourly base wage growth by any measure.

In March 2018 the Australian Federation of Employers and Industries (AFEI), Australian Retailers Association, Restaurant & Catering Industrial (RCI), Australian Business Industrial and the NSW Business Chamber Ltd (along with eight other industry representatives) made initial submissions to the Fair Work Commission Annual Wage Review 2017-18.

It will come as no surprise that any decent rise in the minimum wage is being resisted in these submissions.

A number of business and industry representatives appear to believe that even raising the minimum wage hourly rate by as little as 34-35 cents is an onerous burden.

Frequent mention is made of the supposed part the businesses they represent play in national ‘jobs and growth’ and the risk wage increases allegedly pose.

A notion supported by the Turnbull Government’s own submission.

Couched in polite terms within their submissions is the last resort position of both the federal government and big business. 

It seems they are reluctantly willing to accept a minimum wage increase that doesn't rise by more than 1.9% (rate of inflation in December 2017) and definitely resist the idea of a rise that actually results in real wages growth.

However, there is another less polite aspect of the part businesses play in the lives of workers and it should be remembered when listening to business and industry representatives make their wage case during media appearances.

The Australian Government Fair Work Ombudsman’s 2018 media releases offer a window on that other aspect which includes a widespread contempt for both workers and the law.

 Media release, 16 March 2018:

Western Sydney campaign reveals high rates of unlawful workplaces

High rates of non-compliance uncovered by the Fair Work Ombudsman in Western Sydney have reinforced the importance of ensuring that Australia’s culturally and linguistically diverse communities have ready access to workplace information and advice.

The Fair Work Ombudsman today released the results of its proactive education and compliance campaign in the region, covering suburbs including Cabramatta, Guildford, Mt Druitt, Fairfield and Merrylands.

Almost two-thirds (64 per cent) of the 197 businesses audited by the Fair Work Ombudsman during the campaign were found to be non-compliant with workplace laws.

The campaign led to a total of $369,324 in unpaid wages and entitlements being recovered for 199 workers.

Sixty-four per cent of businesses were compliant with record-keeping and payslip requirements, while just 58 per cent were paying their employees correctly.

The campaign was initiated following an increase in the number of requests for assistance received from some parts of the region in previous years, despite an overall decrease across New South Wales in the same period.

As part of the campaign, Fair Work inspectors conducted site visits with a particular focus on Harris Park and Parramatta in response to intelligence received by the agency indicating potential non-compliance amongst restaurants in the area.

The suburbs are also home to a higher than average proportion of migrants, with both Harris Park (85 per cent) and Parramatta (74 per cent) at more than twice the national average of 30.2 per cent.

Acknowledging that new arrivals to Australia may have a limited awareness of Australian workplace laws, it was considered that businesses in the region would benefit from tailored support and education from the Fair Work Ombudsman.

Only two of the 23 businesses visited in these suburbs were found to be fully compliant – a non-compliance rate of 91 per cent.

Fair Work Ombudsman Natalie James says the non-compliance rates uncovered by the campaign are highly concerning and cannot be tolerated.

“Where possible, we seek to educate employers and employees about their workplace rights and obligations and equip them with the tools and information they need to ensure they are complying with the law,” Ms James said.

“This area has a large proportion of people from culturally and linguistically diverse backgrounds, who can find it more challenging to navigate that information or even know where to find it in the first place.

“When combined with a lack of familiarity with workplace laws, language barriers can present significant difficulties to employers seeking to understand and comply with their obligations. 

“The results of this campaign reaffirm the importance of my agency’s work in reaching out to culturally and linguistically diverse communities to raise awareness of the help we can provide.

“We are also making more and more of our tools and resources available in multiple languages, including our Anonymous Report function and the Record My Hours app,” Ms James said.

“Our website can also be viewed in 40 languages other than English with a simple click of the mouse with our new website translator.

“With the wealth of free information and resources available to help businesses understand their obligations, there are no excuses for breaching workplace laws.”

Overall, Fair Work inspectors issued 26 formal cautions, 20 infringement notices (on-the-spot fines) and 11 compliance notices to non-compliant businesses during the course of the campaign.

In one matter, a restaurant business was found to be paying its casual employees under an old award, resulting in a total underpayment of $10,444 to three employees. Fair Work inspectors issued the employer with a compliance notice, and the employees were fully back-paid in accordance with the notice.

Ms James said that non-compliant businesses were now on notice that future breaches could result in serious enforcement action.

“We are happy to work with businesses who require advice and support to meet their workplace obligations, and we will continue our work to ensure our materials are easily accessible to those that need them,” Ms James said.

“Indeed, we were pleased that the employers that we dealt with over the course of this campaign were cooperative and willing to engage with our inspectors, and that all contraventions were willingly rectified.

“We will continue to pursue new initiatives aimed at engaging with businesses in the region to ensure they have access to the help and information they need.”

Ms James reaffirmed however that her agency will not hesitate to take action where deliberate or repeated breaches of the law were identified.

“Employers who fail to put in place processes to ensure compliance expose themselves to enforcement action, including litigation in the most serious cases,” Ms James said.

Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. An interpreter service is available on 13 14 50. 

Potential workplace breaches can be anonymously reported in 16 languages other than English using the Fair Work Ombudsman’s Anonymous Report function at www.fairwork.gov.au/inlanguageanonymousreport.

The Fair Work Ombudsman recently developed six videos in 16 languages other than English to help visa holders to understand their workplace rights. These and other in-language resources are available at www.fairwork.gov.au/languages.

The Fair Work Ombudsman’s Record My Hours app is aimed at tackling the persistent problem of underpayment of vulnerable workers by using geo-fencing technology to provide workers with a record of the time they spend at their workplace. The app is available in a number of different languages and can be downloaded from the App Store and Google Play.

Follow Fair Work Ombudsman Natalie James on Twitter @NatJamesFWO , the Fair Work Ombudsman @fairwork_gov_au  or find us on Facebook www.facebook.com/fairwork.gov.au .

Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/mediareleases.  

Read the Western Sydney Campaign report (PDF 445.5KB)  [my yellow highlighting]

Media Release, 5 March 2018:

The Fair Work Ombudsman’s latest Compliance Activity Report shows a workplace non-compliance rate of 76 per cent in the Caltex service network…..

The Fair Work Ombudsman commenced proceedings against the former operator of the Caltex Five Dock service station in Sydney, Aulion Pty Ltd, and has also initiated proceedings against Abdul Wahid and Sons Pty Ltd, the former franchisee of a number of Caltex outlets in Sydney.

In both cases, the Fair Work Ombudsman alleges that the absence of accurate time and wage records prevented inspectors from completing audits and determining whether employees had received their lawful entitlements.

During the activity, the regulator issued nine infringement notices, 11 compliance notices and 16 formal cautions to non-compliant franchisees.

Inspectors also recovered a total of $9,329.85 in back-pay for 26 workers who were underpaid during a one-month assessment period.

Ms James said the agency believes the figure would be higher if underpayments could have been accurately calculated, but with so many deficiencies in the outlets’ records it is impossible to be sure of the true extent of the wage rip-offs. 

“There’s no question that if these findings indicate the norm in this network, and if these underpayments are replicated throughout the business month after month, we are quickly looking at millions of dollars of underpayments over the course of a few years,” Ms James said…..

Caltex Compliance Activity Report  (PDF 650.5KB)

Media Release, 2 March 2018:

The Fair Work Ombudsman has commenced legal action against the former franchisee of a 7-Eleven retail outlet in the Melbourne CBD for allegedly exploiting three international students through a cash-back scheme.

Facing Court are Xia Jing Qi Pty Ltd, which operated a 7-Eleven retail store on William Street until March 2017, and the store’s former manager, Ai Ling “Irene” Lin.

It is alleged that after 7-Eleven head office set up a high-tech payroll system in 2016 aimed at ensuring employees were paid lawful minimum rates, the company and Ms Lin tried to disguise underpayments of three employees by requiring them to pay back thousands of dollars in wages.  

The three employees were Chinese students, aged between 21 and 24, who were in Australia on student visas. Ms Lin, from Taiwan, was also in Australia on a student visa…..

Media Release, 27 Feb 2018:

The Fair Work Ombudsman has brought proceedings relating to redundancy entitlements, in a new legal action against services company Spotless Services Australia Limited for allegedly contravening workplace laws when it terminated the employment of three workers at Perth International Airport.

Media Release, 26 Feb 2018:

The operator of a Degani café in Melbourne’s north-east is facing Court after he allegedly used false records to conceal more than $12,000 in underpayments of staff, including teenagers and overseas workers.

Media Release, 21 Feb 2018:

The operators of a Melbourne restaurant have been hit with nearly $200,000 in penalties, after a Judge ruled they deliberately underpaid workers.

Media Release, 20 Feb 2018

A Perth security company has been penalised in Court for underpaying its guards more than $200,000, with a Judge saying the company’s claim that it thought overpaying in relation to minimum rates would “counteract” other rates of pay was a “lame excuse”.

Media Release, 16 Feb 2018:

The operator of a number of massage parlours in Adelaide who said he was “too busy and lazy” to keep proper records has been penalised for contraventions of record-keeping and pay slip laws, following legal action by the Fair Work Ombudsman.

Media Release, 15 Feb 2018:

The Fair Work Ombudsman has commenced legal action against a Bundaberg-based transport company for allegedly underpaying an employee more than $11,000 over a period of just nine months.

Media Release, 14 Feb 2018:

Cleaning contractors at 90 per cent of Woolworths’ Tasmanian supermarket sites were not complying with workplace laws, a Fair Work Ombudsman Inquiry has found.

Media Release, 13 Feb 2018:

Michael Patrick Pulis, a business operator who told his employee to “seriously, f**k off…” when the worker asked when he would receive money owed to him, has been penalised $21,500.

Judge Grant Riethmuller also penalised Mr Pulis’ company, Pulis Plumbing Pty Ltd, a further $100,000 after a plumber’s labourer, who was 20 years old at the time, was underpaid by $26,882 over just three months.

Judge Riethmuller described the conduct as “outrageous exploitation of a young person”, adding that the behaviour was “such to arouse much emotion” and “nothing short of avarice”.

The worker was underpaid when he was employed by Pulis Plumbing to perform work in the Melbourne, Geelong and Bendigoareas between September and December, 2014.

Media Release, 8 Feb 2018:

A Northern Territory refuge for women and children victims of domestic violence has back-paid 11 employees a total of more than $50,000, after intervention by the Fair Work Ombudsman.

Media Release, 6 Feb 2018:

The operator of a remote Northern Territory homestead is facing major penalties after underpaying 17 employees more than $23,000.

Media Release, 24 Jan 2018:

A sushi outlet operator and an accountant have been penalised almost $200,000 for their involvement in an unlawful internship program that exploited young overseas workers.

Media Release, 22 Jan 2018:

A Brisbane labour hire business will face court for allegedly underpaying 10 employees more than $14,000 through an unlawful unpaid work experience program.

Media Release, 17 Jan 2018:

Ten truck drivers who worked for an Adelaide transport company have been back-paid a total of $374,000 following successful legal action by the Fair Work Ombudsman.

Media Release, 16 Jan 2018:

The former manager of an Oliver Brown chocolate café outlet on the Gold Coast who was ‘seeing what he could get away with’ when he exploited overseas workers has been penalised $27,200.

Media Release, 12 Jan 2018:

The Fair Work Ombudsman recently assisted workers at four businesses in suburbs south east of Melbourne to recover almost $50,000 in unpaid wages and entitlements.

Media Release, 9 Jan 2018:

A Judge has penalised a repeat-offender Melbourne childcare operator $85,000 for her latest staff underpayments, saying she required a “sharp lesson” to make her appreciate her legal obligations.

Then there is the naked exploitation outlined in the November 2017 UNSW-UTS study, WAGE THEFT IN AUSTRALIA: Findings of the National Temporary Migrant Work Survey:

A substantial proportion of international students, backpackers and other temporary migrants were paid around half the legal minimum wage in Australia…..

Underpayment was widespread across numerous industries but was especially prevalent in food services, and especially severe in fruit and vegetable picking.

Two in five participants (38%) had their lowest paid job in cafes, restaurants and takeaway shops. This was a far greater proportion than for any other type of job….

Large-scale wage theft was prevalent across a range of industries, but the worst paid jobs were in fruit- and vegetable-picking and farm work….

The study confirms that wage theft is endemic among international students, backpackers and other temporary migrants in Australia. For a substantial number of temporary migrants, it is also severe.

Besides wages theft, employers have also developed a penchant for pocketing workers superannuation.

News.com.au, 30 August 2017:

 …it turns out that Australia’s compulsorary superannuation system has a great big hole in it — one worth $17 billion.

That’s how much super employers have dodged paying in the past eight years, according to new figures released by the ATO this week.

The ATO analysis found that employees had likely missed out on $2.85 billion of their super guarantee payments during the 2014/15 financial year, because employers dodged their obligations, with small business owners among the worst offenders.

US Dept of Justice-FBI investigation of Russian links to Donald Trump's election campaign inexorably rolls on

On 17 May 2017 the probe into Russian influence on US political processes and collusion between the Russian Government and individuals associated with the election campaign of President Donald J Trump became an investigation which would inevitably lead to charges being laid.

To date both President Trump's former campaign manager and campaign deputy-director have been indicted, along with thirteen Russian nationals and three corporations.

Trump's former security adviser, along with a former member of his foreign policy advisory team and an individual who unlawfully supplied US bank accounts to Russians associated with the alleged political interference, have plead guilty to charges.

Current State of Play according to US Dept. of Justice

U.S. v. Internet Research Agency, et al (1:18-cr-32, District of Columbia)

A federal grand jury in the District of Columbia returned an indictment on Feb. 16, 2018, against 13 Russian nationals and three Russian entities accused of violating U.S. criminal laws in order to interfere with U.S. elections and political processes. The indictment charges all of the defendants with conspiracy to defraud the United States, three defendants with conspiracy to commit wire fraud and bank fraud, and five defendants with aggravated identity theft.

Indictment 

U.S. v. Richard Pinedo, et al (1:18-cr-24, District of Columbia)

Richard Pinedo, of Santa Paula, Calif., pleaded guilty on Feb. 12, 2018, to identity fraud, in violation of 18 U.S.C. 1028.

Criminal Information

Plea Agreement

Statement of Offense

U.S. v. Michael T. Flynn (1:17-cr-232, District of Columbia)

Lieutenant General Michael T. Flynn (Ret.), of Alexandria, Va., pleaded guilty on Dec. 1, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.

Criminal Information

Plea Agreement

Statement of the Offense

U.S. v. Paul J. Manafort, Jr., and Richard W. Gates III (1:17-cr-201, District of Columbia)

Paul J. Manafort, Jr., of Alexandria, Va., and Richard W. Gates III, of Richmond, Va., have been indicted by a federal grand jury on Oct. 27, 2017, in the District of Columbia. The indictment contains 12 counts: conspiracy against the United States, conspiracy to launder money, unregistered agent of a foreign principal, false and misleading FARA statements, false statements, and seven counts of failure to file reports of foreign bank and financial accounts. The case was unsealed on Oct. 30, 2017, after the defendants were permitted to surrender themselves to the custody of the FBI.

Indictment

U.S. v. George Papadopoulos (1:17-cr-182, District of Columbia)

George Papadopoulos, of Chicago, Illinois, pleaded guilty on Oct. 5, 2017, to making false statements to FBI agents, in violation of 18 U.S.C. 1001. The case was unsealed on Oct. 30, 2017.

Criminal Information

Plea Agreement

Statement of the Offense

UPDATE

U.S. v. Alex van der Zwaan (1:18-cr-31, District of Columbia)

Alex van der Zwaan, of London, pleaded guilty on Feb. 20, 2018, to making false statements to FBI agents, in violation of 18 U.S.C. 1001.

Criminal Information

Plea Agreement

Statement of the Offense

U.S. v. Paul J. Manafort, Jr., and Richard W. Gates III (1:18-cr-83, Eastern District of Virginia)

Paul J. Manafort, Jr., of Alexandria, Va., and Richard W. Gates III, of Richmond, Va., were indicted by a federal grand jury on Feb. 22, 2018, in the Eastern District of Virginia. The indictment contains 32 counts: 16 counts related to false individual income tax returns, seven counts of failure to file reports of foreign bank and financial accounts, five counts of bank fraud conspiracy, and four counts of bank fraud.

Indictment

U.S. v. Paul J. Manafort, Jr. (1:17-cr-201, District of Columbia)

A federal grand jury in the District of Columbia returned a superseding indictment on Feb. 23, 2018, against Paul J. Manafort, Jr., 68, of Alexandria, Va. The superseding indictment contains five counts: conspiracy against the United States, conspiracy to launder money, unregistered agent of a foreign principal, false and misleading FARA statements, and false statements.

Superseding Indictment

U.S. v. Richard W. Gates III (1:17-cr-201, District of Columbia)

Richard W. Gates III, 45, of Richmond, Va., pleaded guilty on Feb. 23, 2018, to a superseding criminal information that includes: count one of the indictment, which charges conspiracy against the United States, in violation of 18 U.S.C. 371 (which includes conspiracy to violate 26 U.S.C. 7206(1), 31 U.S.C. 5312 and 5322(b), and 22 U.S.C. 612, 618(a)(1), and 618(a)(2)), and a charge of making false statements to the Special Counsel’s Office and FBI agents, in violation of 18 U.S.C. 1001. A status report with regard to sentencing was scheduled for May 14, 2018.

Superseding Criminal Information

Plea Agreement

Statement of the Offense

Another how low can they go moment courtesy of the Catholic Church in Australia

The Sydney Morning Herald, 12 February 2018:

The Catholic Church in Australia is worth tens of billions of dollars, making it one of the country’s biggest non-government property owners, and massively wealthier than it has claimed in evidence to major inquiries into child sexual abuse.

A six-month investigation by The Sydney Morning Herald has found that the church misled the Royal Commission into Institutional Responses to Child Sexual Abuse by grossly undervaluing its property treasures in both NSW and Victoria while claiming that increased payments to abuse victims would require cuts to its social programs.

The investigation was based on intricate data from local councils that allowed more than 1860 valuations of church-owned property in Victoria. That showed that across 36 municipalities - including nearly all of metropolitan Melbourne - the church had land and buildings worth almost $7 billion in 2016.

Extrapolated nationally, using conservative assumptions, the church owns property worth more than $30 billion Australia-wide.

This put the Catholic church among the largest non-government property owners, by value, in NSW and Australia, rivalling Westfield’s network of shopping centres and other assets. It dwarfs all other large property owners.

"These figures confirm what we have known; there is huge inequity between the Catholic Church’s wealth and their responses to survivors," said Helen Last, chief executive of the In Good Faith Foundation.

"The 600 survivors registered for our Foundation’s services continue to experience minimal compensation and lack of comprehensive care in relation to their Church abuses. They say their needs are the lowest of church priorities.’’…..

Monetary payments to abuse survivors have averaged just $49,000 under Towards Healing, the national compensation system established by the church in 1996……

The church also has extensive non-property assets including Catholic Church Insurance and its own internal banks - often known as Catholic Development Funds - with nearly $1 billion in assets in Sydney alone.

And it has other investments, including in superannuation, telecommunications and in the stock-market. A Church-owned fund manager has more than $1.4 billion under management.

In the first 18 days of 2018 two women have died violently allegedly at the hands of their partners in Australia

@DeadWomenAus

Destroy the Joint, Counting Dead Women, 18 January 2018:

1 January 03: Margaret Indich (38) died in hospital of injuries sustained at her home in Cloverdale. Her unnamed partner (40) attempted to deny paramedics access to treat her, and left the scene before police arrived. He was arrested hours later, and has been charged with murder. No further details are available at present. https://goo.gl/daodJA WA

2 January 12: British backpacker Amelia Blake (22) died of extensive injuries, including head injuries, in a suspected murder suicide. Her body and that of her partner Brazil Gurung (33) were found on Friday, January 12 at an apartment in Newtown. Police have indicated that they are treating the deaths as murder-suicide, but have not released details as they await post mortem findings. Inquiries continue https://goo.gl/1d4phf NSW

These sad incidents began the domestic violence death cycle for 2018.

Last year the NSW Coroner's NSW Domestic Violence Death Review Team produced a report which looked at NSW domestic violence homicides between 2000-2014.

This report reveals that over this fourteen year period females were dying as a result of domestic violence at a greater rate than males. Crudely averaged out there were an est.11 female deaths a year as a result of intimate partner domestic violence compared to est. 3 male deaths a year. The majority of male deaths were those of the primary domestic violence abuser in the relationship.

Here are some excerpts from that report.

In the data reporting period 1 July 2000 to 30 June 2014 there were 204 cases where a person was killed by a current or former intimate partner in a context of domestic violence (162 females and 42 males).

Key data findings:

• 79% of intimate partner homicide victims were women.

• 98% of women killed by an intimate partner had been the primary domestic violence victim in the relationship.

• 37% of women in this dataset were killed by a former intimate partner, and almost two thirds of these women had ended the intimate relationship with the domestic violence abuser within three months of being killed.

• Women killed by an intimate partner were aged between 15 and 80 years of age.

• 12% of women killed by an intimate partner identified as Aboriginal.

• 89% of men killed by a female intimate partner had been the primary domestic violence abuser in the relationship. All 7 men killed by a male intimate partner had been the primary domestic violence victim in the relationship.

• 31% of men killed by an intimate partner identified as Aboriginal.

• 24% of men who killed an intimate partner suicided following the murder.

• Males who killed an intimate partner were aged between 17 and 87 years of age.

• 26% of females who killed an intimate partner were acquitted at trial…..

In the data reporting period there were 109 cases where a person was killed by a relative/kin in a context of domestic violence (44 adults and 65 children under the age of 18 years).

Between 2000-2014 there were also 65 child domestic violence homicide victims. Their age range was between 4 weeks and 14 years of age, with 55 per cent being less than 4 years old.

Key data findings: child homicide victims

• Chid homicide victims in this dataset were aged between 4 weeks and 14 years of age, with 55% of children being aged less than 4 years of age.

• 42% of children were killed by their biological father acting alone and 26% were killed by their biological mother acting alone.

• 18% of children were killed by a male nonbiological parent acting alone and 3% were killed by a female non-biological parent acting alone.

• 20% of child homicide victims in this dataset identified as Aboriginal.

• 31% of male homicide perpetrators in this dataset suicided after killing a child/ren compared to 10% of female homicide perpetrators

In the NSW Police Force Region - Northern (which covers police local area commands from Brisbane Waters up to the NSW-Qld border) there were 46 adult intimate partner domestic violence homicide victims and 18 child domestic violence homicide victims between 2000-2014.

This is what happens when you read news reports generated by right-wing politicians

“Victorians are “scared to go out to restaurants” because of “African gang violence”, Peter Dutton has said, in an interview attacking the supposed lack of deterrence of crime in Victoria. The home affairs minister told 2GB on Wednesday that Victorians were “bemused” when they looked “at the jokes of sentences being handed down” due to “political correctness that’s taken hold”. “There’s no deterrence there at the moment,” he said. The federal Coalition government and Victorian opposition have stepped up rhetorical attacks on the Andrews Labor government using a string of high-profile incidents to claim that “African street gangs” are on the rise because certain nationalities such as Sudanese are over-represented in statistics – although crime overall is in decline. The Victorian deputy police commissioner, Shane Patton, has reassured the public the police are taking youth crime seriously and said that “networked criminal offenders” are not technically “gangs” because they lack any organised structure.” [The Guardian, 3 January 2018]

“The reality is, people are scared to go out to restaurants of a night-time because they’re followed home by these gangs.”

“We just need to call it for what it is… African gang violence.”

Mr Dutton tells Chris that if people aren’t prepared to integrate, then “frankly they don’t belong in Australian society”.

“If people haven’t integrated, if they’re not abiding by our laws, if they’re not adhering to our culture, then they’re not welcome here.” [Australian Minister for Home Affairs Peter Dutton,  4BC News Talk, 3  January 2018]

During this December 2017 to February 2018 Australian Parliament annual recess it was hard to miss the political meme being generated by Messrs. Turnbull and  Dutton.

It was one of ‘Shock! Horror! Crime and violence!’

Lest we were in any doubt of the – ahem – perilous situation the nation finds itself in, the meme was quickly reduced to black violence – perpetrated  by foreign ‘others’.

The state that these politicians have chosen to place under the spotlight is Victoria and the ethnic group identified as Sudanese.

So it is no surprise to find that recent polling now shows a strong belief that youth gang crime has increased over the last few years, that it needs addressing as a matter of importance and, that this belief is highest amongst Liberal and Nationals voters in the survey group.

Essential Report, 16 January 2018:

A majority believed that all crimes have increased.

More than two-thirds believe that drug-related crime (76%) and youth gang crime (70%) have increased – and about half think they have increased a lot.

Those more likely to think youth gang crime has increased were Liberal/National voters (73%), other party voters (86%) and aged 45+ (83%).

[http://www.essentialvision.com.au/perceptions-of-crime]

More than two-thirds think that drug-related crime (72%) and domestic violence (67%) are the most important types of crime for the Government to address.

53% thought youth gang crime was one of the most important. Those most likely to think it important were Liberal/National voters (57%), other party voters (72%) and aged 55+ (60%).

[http://www.essentialvision.com.au/important-crimes-address]

There is a question that needs answering. Is the belief that youth gang crime is an increasing  problem based on fact or fear whipped up right-wing politicians?

First of all the actual number of youth offenders (10 to 17 years) has fallen since 2008-09 when the national total stood at 64,152 individuals.

The total number of youth offenders in 2015-16 was 54,974 or approximately 13 per cent of the entire national offender total.

Of these youth offenders less than 11,000 fell into what could be considered a violent crime category – that’s est. 20 per cent of all youth offenders across the country.

The rate of youth offending is not increasing across the board and has fallen in most of the violent crime categories since 2008-09, with the exception of the non-assaultive sexual offences component of sexual assault statistics.

The majority of youth offenders were born in Australia. This appears to apply to the youth offender population in all states.

There seems to be no national database for youth gang offenders or gang-related behaviour. However, networked youth offending reportedly involves young people from diverse ethnic backgrounds according to a police submission made to the Joint Standing Committee on Migration’s Inquiry into Migrant Settlement Outcomes.

When it comes to Victoria and offender statistics which identify country in which the offender was born, out of the 82,334 total crime incidents in all categories for the 2016 calendar year allegedly committed by offenders of all ages, only 807 were identified as being committed by individuals born in Sudan or less than 1 per cent. Of these only 22 incidents appear to have involved a form of collective behaviour and only 89 incidents involved Sudanese youth offenders.

Quite frankly it is hard to support Minister for Home Affairs and Liberal MP for Dickson Peter Dutton’s rhetoric on violent Sudanese youth gangs based on so small a number.