Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Wednesday 16 May 2018

An insider has finally admitted what any digital native would be well aware of - your personal health information entered into a national database will be no safer that having it up on Facebook


Remembering that a federal government national screening program, working with with a private entity, has already accessed personal information from Medicare without consent of registered individuals and entered these persons into a research program - again without consent - and these individuals apparently could not easily opt out of being listed as a research subject but were often only verbally offered  the option of declining to take part in testing, which presumably meant that health data from other sources was still capable of being collected about them by the program. One has to wonder what the Turnbull Government and medical establishment actually consider patient rights to be in practice when it comes to "My Health Record".

Healthcare IT News, 4 May 2018:

Weeks before the anticipated announcement of the My Health Record opt out period, an insider’s leak has claimed the Australian Digital Health Agency has decided associated risks for consumers “will not be explicitly discussed on the website”.

As the ADHA heads towards the imminent announcement of the three-month window in which Australians will be able to opt out of My Health Record before being signed up to the online health information repository, the agency was caught by surprise today when details emerged in a blog post by GP and member of the steering group for the national expansion of MHR, Dr Edwin Kruys.

Kruys wrote that MHR offers “clear benefits” to healthcare through providing clinicians with greater access to discharge summaries, pathology and diagnostic reports, prescription records and more, but said “every digital solution has its pros and cons” and behind-the-scenes risk mitigation has been one of the priorities of the ADHA. However, he claimed Australians may not be made aware of the risks involved in allowing their private medical information to be shared via the Federal Government’s system.

“It has been decided that the risks associated with the MyHR will not be explicitly discussed on the website,” Kruys wrote.

“This obviously includes the risk of cyber attacks and public confidence in the security of the data.”

The most contentious contribution in the post related to the secondary use of Australians’ health information, the framework of which has yet to be announced by Health Minister Greg Hunt.

Contacted by HITNA, the agency moved swiftly to have Kruys delete the paragraph relating to secondary use.

In the comment that has since been removed, Kruys wrote, “Many consumers and clinicians regard secondary use of the MyHR data as a risk. The MyHR will contain a ‘toggle’, giving consumers the option to switch secondary use of their own data on or off.”

Under the My Health Records Act 2012, health information in MHR may be collected, used and disclosed “for any purpose” with the consent of the healthcare recipient. One of the functions of the system operator is “to prepare and provide de-identified data for research and public health purposes”. 

Before these provisions of the act will be implemented, a framework for secondary use of MHR systems data must be established. 

HealthConsult was engaged to assist the Federal Government in developing a draft framework and implementation plan for the process and within its public consultation process in 2017 received supportive submissions from the Australasian College of Health Informatics, the Australian Bureau of Statistics and numerous research institutes, universities, and clinicians’ groups.

Computerworld, 14 May 2018:

Use of both de-identified data and, in some circumstances, identifiable data will be permitted under a new government framework for so-called “secondary use” of data derived from the national eHealth record system. Linking data from the My Health Record system to other datasets is also allowed under some circumstances.

The Department of Health last year commissioned the development of the framework for using My Health Record data for purposes other than its primary purpose of providing healthcare to an individual.

Secondary use can include research, policy analysis and work on improving health services.

Under the new framework, individuals who don’t want their data used for secondary purposes will be required to opt-out. The opt-out process is separate from the procedure necessary for individuals who don’t want an eHealth record automatically created for them (the government last year decided to shift to an opt-out approach for My Health Record)……

Access to the data will be overseen by an MHR Secondary Use of Data Governance Board, which will approve applications to access the system.

Any Australian-based entity with the exception of insurance agencies will be permitted to apply for access the MHR data. Overseas-based applicants “must be working in collaboration with an Australian applicant” for a project and will not have direct access to MHR data.

The data drawn from the records may not leave Australia, but under the framework there is scope for data analyses and reports produced using the data to be shared internationally……

The Department of Health came under fire in 2016 after it released for download supposedly anonymised health data. Melbourne University researchers were able to successfully re-identify a range of data.

Last month the Office of the Australian Information Commissioner revealed that health service providers accounted for almost a quarter of the breaches reported in the first six weeks of operation of the Notifiable Data Breach (NDB) scheme.


Australians who don't want a personal electronic health record will have from July 16 to October 15 to opt-out of the national scheme the federal government announced on Monday.

Every Australian will have a My Health Record unless they choose to opt-out during the three-month period, according to the Australian Digital Health Agency.

The announcement follows the release of the government’s secondary use of data rules earlier this month that inflamed concerns of patient privacy and data use.


Under the framework, medical information would be made available to third parties from 2020 - including some identifying data for public health and research purposes - unless individuals opted out.

In other news....... 


A cyber attack on Family Planning NSW's website has exposed the personal information of up to 8000 clients, including women who have booked appointments or sought advice about abortion, contraception and other services.

Clients received an email from FPNSW on Monday alerting them that their website had been hacked on Anzac Day.

The compromised data contained information from roughly 8000 clients who had contacted FPNSW via its website in the past 2½ years to make appointments or give feedback.

It included the personal details clients entered via an online form, including names, contact details, dates of birth and the reason for their enquiries….

The website was secured by 10am on April 26, 2018 and all web database information has been secure since that time

SBS News, 14 May 2018:

Clients were told Family Planning NSW was one of several agencies targeted by cybercriminals who requested a bitcoin ransom on April 25…..
The not-for-profit has five clinics in NSW, with more than 28,000 people visiting every year.

The most recent Digital Rights Watch State of Digital Rights (May 2018) report can be found here.

The report’s 8 recommendations include:

Repeal of the mandatory metadata retention scheme

Introduction of a Commonwealth statutory civil cause of action for serious invasions of privacy

A complete cessation of commercial espionage conducted by the Australian Signals Directorate

Changes to copyright laws so they are flexible, transparent and provide due process to users

Support for nation states to uphold the United Nations Convention on the Rights of the Child in the digital age

Expand the definition of sensitive information under the Privacy Act to specifically include behavioural biometrics

Increase measures to educate private businesses and other entities of their responsibilities under the Privacy Act regarding behavioural biometrics, and the right to pseudonymity

Introduce a compulsory register of entities that collect static and behavioural biometric data, to provide the public with information about the entities that are collecting biometric data and for what purpose

The loopholes opened with the 2011 reform of the FOI laws should be closed by returning ASD, ASIO, ASIS and other intelligence agencies to the ambit of the FOI Act, with the interpretation of national security as a ground for refusal of FOI requests being reviewed and narrowed

Telecommunications providers and internet platforms must develop processes to increase transparency in content moderation and, make known what content was removed or triggered an account suspension.

Monday 7 May 2018

Elder abuse and profit shifting go hand-in-hand in the age care sector?


Any regular reader of online news would have seen mentions of elder abuse, neglect and sub-standard health care over the years.


Elder abuse is a critical issue in aged care homes, with thousands of cases reported to the Health Department every year…. In 2016-2017, there were 2853 reports of “reportable assaults’’ and 2463 allegations of “unreasonable use of force”.

Australian Law Reform Commission, Elder Abuse (DP 83), Abuse and neglect in aged care, 12 December 2016:

1.34   Stakeholders reported many instances of abuse of people receiving aged care. These included reports of abuse by paid care workers[55] and other residents of care homes[56] as well as by family members and/or appointed decision makers of care recipients.[57] 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.[58]

1.35   The ALRC also received reports of other forms of abuse, including sexual[59] and financial abuse.[60] Restrictions on movement[61] and visitation[62] were also reported. Many submissions also identified neglect of care recipients.[63]

The Sydney Morning Herald, 15 October 2017:

Across NSW, 58 per cent of aged care workers surveyed said they have not been able to provide the level of care residents deserved because of budget cuts. Of those, 80 per cent said staff shortages were the main barrier to providing proper care.

The Courier-Mail, 19 April 2018: 

PROFIT-HUNGRY aged care companies are charging fat “administration fees” to skim up to 40 per cent of government payments for in-home nursing care.

More than 100,000 elderly Australians are on a waiting list to receive as much as $50,000 a year in a “homecare package” to pay for nursing, housekeeping or companionship at home. But an investigation by The Courier-Mail has revealed that some home-care companies are pocketing as much as $19,000 of the taxpayer cash through hefty “administration” or “case management” fees.

The fees are billed on top of hourly charges for home help – leaving clients with less cash to spend on in-home care such as nursing. And if clients want to switch to a cheaper provider, they are being slugged up to $1000 in “exit fees”.

The Age, 3 May 2018:

Scandals, including a recent national audit showing 600 aged-care homes failed in the past five years to provide minimum standards, prompted a government review. The Coalition, accepting a key recommendation, has ended the ridiculous practice of alerting operators to spot checks. The review also urged the streamlining and strengthening of the regulator.

If one does a simple online search many of the big ‘for profit’ aged care providers are named in relation to such abuse, neglect and sub-standard health care allegations.

Now in May 2018 the Tax Justice Network[1]  is looking at aged care provision from another angle. One which shows that the budgetary meanness which sees these big companies expect elderly residents to remain in sodden incontinence pads or live-off meagre meal rations occurs in spite of the millions in profit made on the back of billions in taxpayer funding of the age care sector.

It has released A Tax Justice Network – Australia Report, TAX AVOIDANCE BY FOR-PROFIT AGED CARE COMPANIES: PROFIT SHIFTING ON PUBLIC FUNDS.

Sadly, this report only confirms the fact that corporate greed runs rampant through all major aspects of Australian life, including aged care.

Executive Summary, Background, p.5:

Older people are a growing proportion of Australia’s population; in 2016, 15% (one in seven) Australians were aged 65 years or older. By 2056 this percentage is expected to grow to 22% (8.7 million).1 The need for aged care services is increasing. Between 2015– 2016 almost 214,000 people entered aged care in Australia. On average, older people in Australia spend three years in permanent residential care, just over two years in home care, and one and a half months in respite care.2 The Australian tax payer, via the Commonwealth Government contributes around 75% of the expenditure in aged care in Australia, which is around 96% of the total funding on aged care from Commonwealth and State Governments. Government recurrent spending on aged care services in Australia was $17.4 billion Australian dollars (AUD) in 2016- 2017, with residential aged care services accounting for 69.3% ($12.1 billion AUD).3 Some of this funding is provided as subsidies to aged care provider companies including those that operate for profit. In 2018 the Australian Nursing and Midwifery Federation (ANMF), Australia’s largest national professional and industrial nursing and midwifery organisation with over 268,500 members, commissioned the Tax Justice Network - Australia to analyse possible tax avoidance by for-profit aged care companies and to provide recommendations for improving transparency on Government spending on for-profit aged care.

Key points from the report

* By number of beds, not-for-profit providers are the largest aged care provider group in Australia (52% in 2013-2014), however there has been a rapid growth in the size and spread of for-profit companies; Bupa, Opal, Regis and Estia are the largest aged care providers nationally. If Japara and Allity are included, these 6 for-profit companies operate over 20% of residential aged care beds in Australia.

* In the most recent year (mostly the 2017 financial year) the six largest for-profit companies were given over $2.17 billion AUD via government subsidies. This was 72% of their total revenue of over $3 billion. These companies also reported profits of $210 million AUD (2016-2018).

* Companies can use various accounting methods to avoid paying tax. One method is when a company links (staples) two or more businesses (securities) they own together, each security is treated separately for tax purposes to reduce the amount of tax the company has to pay. Aged care companies are known to use this method as well as other tax avoiding practices. Another practice is by “renting” their aged care homes from themselves (one security rents to another) or by providing loans between securities and shareholders.

* The six largest for-profit aged care providers have enormous incomes and profits:

* The largest company, BUPA, had almost $7.5 billion in total income in Australia (2015-16) but paid only $105 million in tax on a taxable income of only $352 million.
* BUPA’s Australian aged care business made over $663 million in 2017 and over 70% ($468 million) of this was from government funding.
* Funding from government and resident fees increased in 2017, but BUPA paid almost $3 million less to their employees and suppliers.
* The second largest, Opal, had total income of $527.2 million in 2015-16 but paid only $2.4 million in tax on a taxable income of only $7.9 million.
* 76% ($441 million) was from government funding in 2016.

* Allity had total income of $315.6 million in 2015-16 and paid no tax.
* 67% ($224 million) of Allity’s revenue was from government funding in 2016-17.

* Regis, Estia, and Japara are listed on the Australian Securities Exchange (ASX) but appear to be using methods to reduce the amount of tax they pay while earning large profits from over $1 billion of government subsidies.

* Family owned aged care companies (Arcare, TriCare, and Signature) receive between $42-$160 million each in annual government subsidies but provide very little public information on their operations and financial performance and may use accounting methods to avoid paying tax.

 * (All figures quoted above are in AUD)

* The Australian Government and the Federal Opposition (the Australian Labor Party) have proposed several ways to fix the problems with companies avoiding tax by using trust structures and other methods but there are still loopholes.

* It is difficult to get a detailed and complete picture of the full extent to which these heavily subsidised aged care companies are avoiding paying as much tax as they should, because Australian law is not currently strong enough to ensure that their financial records and accounting practices are publicly available and fully transparent.

Conclusion

The six largest for-profit aged care providers in Australia received over $2.17 billion AUD in annual tax payer funded subsidies which provided after tax profits of $210 million AUD. The actual operating profits were much larger. These providers only paid around $154 million AUD in tax in 2015-16. Companies that receive millions of tax payer dollars via Australian government subsidies must be required by law to meet higher standards of transparency in financial reports and be publicly accountable. The report calls upon the Government, Opposition, and cross-bench Senators to work together to make laws to stop aged care providers from avoiding the taxes they should pay and provide clear records of their business dealings.

The Tax Justice Network – Australia strongly supports recent government legislation that has been introduced to close loopholes in the Multinational Anti-Avoidance Law and government reforms to stapled structures. However, there is still a need for additional transparency measures. The Tax Justice Network – Australia also strongly supports a policy proposed by the Australian Labor Party to introduce minimum taxation of discretionary trusts. These reform measures are examined in more detail by this report in the section: Current Reform Measures.

This analysis of tax payments and corporate structures of the largest for-profit aged care companies provides clear evidence that simple common-sense reforms are needed immediately to restore integrity to the tax system and to ensure public accountability on billions of dollars in government spending.

RECOMMENDATIONS FROM THE REPORT

Any company that receives Commonwealth funds over $10 million in any year must file complete audited annual financial statements with Australian Securities and Investments Commission (ASIC) in full compliance with all Australian Accounting Standards and not be eligible for Reduced Disclosure Requirements. Public and private companies must fully disclose all transactions between trusts or similar parties that are part of stapled structures or similar corporate structures where most or all income is earned from a related party and where operating income is substantially reduced by lease and/or finance payments to related parties with beneficial tax treatment.

Australia’s Largest For-Profit Aged Care Companies

In Australia, non-profit providers collectively operate a majority of residential aged care beds. However, the market share of large for-profit providers continues to grow rapidly. Likewise, the influence of for profit providers on shaping government policy and influencing broader trends in the aged care sector has never been greater. Ranked by the number of government allocated residential aged care places (beds) in 2017, the six largest for-profit aged care companies in Australia are; Bupa, Opal, Regis, Estia, Japara, and Allity. Combined, they operate over 20% of all residential aged care beds in the country. These companies continue to expand market share through new developments and acquisitions. These companies are also expanding to provide more retirement living and home care services, which allow access to additional government funding. In the most recent financial year (2016-2017), these six for-profit aged care companies combined received over $2.17 billion in government subsidies.4 This made up 72% of their combined total revenue of over $3 billion.5……

COMPANY SNAPSHOT

Bupa: A United Kingdom-based mutual insurance company with global operations including aged care services. Australia is Bupa’s largest and most profitable market.

Regis, Estia, and Japara: Public aged care companies listed on the ASX.
Opal: A private aged care company owned by subsidiaries of two listed companies, AMP Capital and Singapore-based G.K. Goh.

Allity: controlled by Archer Capital, an Australian private equity firm with large foreign pension fund investors.

Arcare, TriCare and Signature (formerly Innovative Care): three family-owned, for-profit aged care companies.

NOTE:
1. The Tax Justice Network - Australia is the Australian branch of the Tax Justice Network (TJN) and the Global Alliance for Tax Justice. TJN is an independent organisation launched in the British Houses of Parliament in March 2003. It is dedicated to high-level research, analysis and advocacy in the field of tax and regulation. TJN works to map, analyse and explain the role of taxation and the harmful impacts of tax evasion, tax avoidance, tax competition and tax havens. TJN’s objective is to encourage reform at the global and national levels.
Membership of the Network can be found here.

Sunday 29 April 2018

Turnbull Government has just placed a multinational corportion with an appalling human rights record at the first contact interface with the National Disability Insurance Scheme


“It has a history of problems, failures, fatal errors and overcharging”  [Senior Appleby compliance officer quoted in The Guardian on the subject of Serco, 7 June 2017]

If the National Disability Insurance Agency (NDIA) didn't have enough internal structural problems to deal with along comes the UK-based multinational Serco Group.

A group implicated in: human rights abuses in prisons and immigration detention centres it has managed; poor to unsafe health service delivery including at Fiona Stanley Hospital in Perth, overcharging for services rendered under government contractsfraudulent record keeping and manipulating results when there was a failure to reach targets; mishandling of radioactive waste and labour rights abuses.

The Guardian, 23 Apri 2018:

Disability rights groups, Labor and the Greens have slammed a decision to hire the multinational outsourcing giant Serco in a key role administering the national disability insurance scheme.

The National Disability Insurance Agency (NDIA) announced on Friday afternoon that Serco, a company with a chequered corporate history, would help run its contact centres under a two-year contract.

The decision would put the company at the frontline of the NDIS, interacting frequently with people with disability and service providers, many of whom are still grappling with a vast, complex and sometimes confusing scheme.

 “Sourcing our contact centre services from Serco will give ongoing flexibility, responsiveness and value for money,” the NDIA said in a statement.

But the decision has outraged disability rights campaigners, who say Serco’s poor history abroad and its lack of experience in disability should have precluded it from any role delivering the landmark scheme. 

People with Disability Australia co-chief executive, Matthew Bowden, said he was “gravely concerned” that Serco would, like other third-party providers, fail to uphold the values, objectives and principles underpinning the NDIS.

“We have no details on what expertise Serco have in providing communication services for people with disability, or why the NDIA has decided to outsource such a vital part of its services,” Bowden said.

“The NDIA needs to hire more staff and make their communication avenues with people with disability more transparent. Instead, they are offloading their responsibilities, and requirements, to deliver services to people with disability.”
Paralympian Kurt Fearnley was among those expressing concern at the decision, saying Serco would be “racking their brains on how they can bring lived experience of disabilities into their workplace”.

“The NDIS will be worthless if people with disabilities aren’t at its core!” he tweeted.


Saturday 21 April 2018

Miranda's IPA inspired rant


This was the News Corp mouthpiece for that far-right pressure group the Institute of Public Affairs (IPA), Miranda Devine, in full rant (though sticking closely to IPA's wish list) and under multiple mastheads on 18 April 2018:

Malcolm Turnbull has a rare opportunity to put a stop to the Left’s long march when the Race Discrimination Commissioner’s term expires in August
Race Discrimination Commissioner Tim Soutphommasane’s term expires in August and the Turnbull government cannot afford to miss this opportunity to stake out its ground in the culture wars.

Conservatives are sick of ­Coalition governments that ­appease the Left, curl into a ball and try not to cause outrage while Labor-Green governments remake the culture in their own image.

The country always takes two steps to the Left with a Labor government and not much better than one step to the Right or even staying in place with the Coalition, which puts us on a very bad trajectory indeed…..

So government gets bigger and more intrusive, the ABC continues unimpeded, destructive quangos such as the Australian Human Rights Commission proliferate and the cancer of identity politics takes hold. Little by little, our remarkable nation is transformed, and division takes root. The self-reliance and entrepreneurial spirit of Australians is sapped and the bonds of mateship are eroded.

But it doesn’t have to be that way.

The only way to arrest this dispiriting drift to the left is for Coalition governments to stop pretending there are no culture wars and get into the trenches and fight.

With a one-seat majority, a prime minister with fashionably progressive views and an election in the next year, we can’t expect bold actions by the Turnbull government that were beyond the Howard and Abbott governments. Such as closing down the Human Rights Commission.

But Malcolm Turnbull cannot ­afford to keep making mistakes like he did at the ABC when he appointed as chairman a man who is such a leftie he said he couldn’t see any bias.

The symbolic value cannot be over-estimated of replacing Soutphommasane with a commissioner who doesn’t want to use race to divide us.

That’s all this pesky 36-year-old French-born son of Laotian refugees has done since he was appointed to a five-year term by Kevin Rudd in 2013, a month before the Abbott government was elected. Despite the fact Australia gave Soutphommasane’s family a home, a free education at Hursltone Agricultural High and the University of Sydney, and a Commonwealth scholarship to Oxford University, he preaches that this is a racist country.

Despite the fact this is the most successful immigrant country in the world, which has mostly harmoniously absorbed as many as 200,000 new people each year from around the world, Soutphommasane tells us that the culture is toxic.

The former freelance journalist has bought the identity politics agenda, hook, line and sinker. He saw the great honours bestowed on him, such as membership of the board of the National Australia Day Council and the $340,000 gig at the Australian Human Rights Commission, as proof, not that this was a country that offered equality of opportunity to all comers, regardless of the colour of their skin. No, he saw it as more evidence of anti-white racism that needed to be set straight with social engineering.

He will never be forgiven for soliciting racial complaints against a cartoon by the late and much missed Bill Leak, whose persecution under Section 18C of the Racial Discrimination Act only really ended with his ­untimely death last year of a heart ­attack at 61.

Soutphommasane’s latest obsession is to impose ethnic diversity quotas on corporate Australia. He declared last year that there were too many white people running Australian companies.

In his five years he has just ­libelled Australia, created race-based social divisions and helped fuel a backlash against immigration.

So it’s not good enough for the government to appoint, as is mooted, an innocuous replacement who just avoids the headlines. Restitution is needed. If we must have a racial commissioner, then let it be a clear-eyed patriot who loves this country. Warren Mundine is the best person for the job. Well-respected, brimming with common sense and optimism, he has a proven track ­record as a businessman, and as an Aboriginal and political leader. He would unite us around what’s best about Australia.

This was a restrained Race Discrimination Commissioner Tim Soutphommasane in rebuttal the following day:




Wednesday 18 April 2018

Liberals continue to behave badly in 2018 - Part Four


Just five months after Australian voters signalled their widespread acceptance of the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) members of the community by voting for the introduction of same sex marriage, a number people in the Victorian Liberal Party want to turn back the clock in the name of sheer bigotry.

The Age, 14 April 2018:

A motion by a conservative Liberal branch linked to Federal MP Kevin Andrews has called for state legislation allowing health practitioners “to offer counselling out of same sex attraction or gender transitioning to patients who request it''.

With seven months before the Victorian election, it also urges Mr Guy to advocate for laws ensuring “parents and young people are all given full information about the psychological harms of social, medical and surgical gender transitioning”.

It further states that any claims supporting prescribing puberty blockers, cross-sex hormones and gender re-assignment surgery as safe and reversible, are in fact "both false and harmful".

The motion was drafted by the Victorian Liberal Party’s Menzies-Warrandyte branch and will be one of dozens debated when rank-and-file delegates meet on April 28 and 29 for the party’s annual state council meeting….

Other motions to be debated at state council include:

* Calls for the Commonwealth Sex Discrimination Act to re-insert "man" and "woman" in the place of "sexual orientation" and "gender identity". The aim is that a person will define their gender as either male or female, according to their biological and reproductive function.

* Calls to ban the Safe Schools program from Victorian schools and any other curriculum teaching a person's gender may be different from their biological sex or that people can transition.

On 16 April 2018 it was reported that the 'gay conversion therapy' motion along with those other nasty motions were removed from the agenda for the Liberal's annual state council meeting - apparently the party's state president didn't like the negative publicity these motions was gathering ahead of the November 2018 Victorian state election.

Wednesday 7 March 2018

When it comes to human rights and civil liberties is it ever safe to trust the junkyard dog or its political masters?



On 18 July 2017, Prime Minister Malcolm Bligh Turnbull announced the establishment of a Home Affairs portfolio that would comprise immigration, border protection, domestic security and law enforcement agencies, as well as reforms to the Attorney-General’s oversight of Australia’s intelligence community and agencies in the Home Affairs portfolio.

 On 7 December 2017, the Prime Minister introduced the Home Affairs and Integrity Agencies Legislation Amendment Bill2017 into the House of Representatives.

This bill amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, the Independent National Security Legislation Monitor Act 2010, the Inspector-General of Intelligence and Security Act 1986 and the Intelligence Services Act 2001.

The bill was referred to Parliamentary Joint Committee on Intelligence and Security which tabled its report and recommendations on 26 February 2018.

This new government department on steroids will be headed by millionaire former Queensland Police detective and far-right Liberal MP for Dickson, Peter Craig Dutton.

His 'front man' selling this change is Abbott protégéformer Secretary of the Department of Immigration and Border Protection and current Secretary of the new Department of Home Affairs, Michael Pezzullo. 

The question every Australian needs to ask themselves is, can this current federal government, the ministers responsible for and department heads managing this extremely powerful department, be trusted not to dismantle a raft of human and civil rights during the full departmental implementation.

It looks suspiciously as though former Australian attorney-general George Brandis does not think so - he is said to fear political overreach.

The Saturday Paper, 3-9 March 2018:

On Friday last week, former attorney-general George Brandis went to see Michael Pezzullo, the secretary of the new Department of Home Affairs.

The meeting was a scheduled consultation ahead of Brandis’s departure for London to take up his post as Australia’s new high commissioner. It was cordial, even friendly. But what the soon-to-be diplomat Brandis did not tell Pezzullo during the pre-posting briefing was that he had singled him out in a private farewell speech he had given to the Australian Security Intelligence Organisation on the eve of his retirement from parliament two weeks earlier.

As revealed in The Saturday Paper last week, the then senator Brandis used the ASIO speech to raise concerns about the power and scope of the new department and the ambitions of its secretary. Brandis effectively endorsed the private concerns of some within ASIO that the new security structure could expose the domestic spy agency to ministerial or bureaucratic pressure.

In a regular Senate estimates committee hearing this week, Pezzullo described his meeting with Brandis – on the day before The Saturday Paper article appeared – as Opposition senators asked him for assurances that ASIO would retain its statutory independence once it moves from the attorney-general’s portfolio to become part of Home Affairs.

“I had a very good discussion on Friday,” Pezzullo told the committee, of his meeting with Brandis.

“He’s seeking instructions and guidance on performing the role of high commissioner. None of those issues came up, so I find that of interest. If he has concerns, I’m sure that he would himself raise those publicly.”

Labor senator Murray Watt pressed: “So he raised them with ASIO but not with you?”
“I don’t know what he raised with ASIO,” Pezzullo responded. “… You should ask the former attorney-general if he’s willing to state any of those concerns … He’s a high commissioner now, so he may not choose to edify your question with a response, but that’s a matter for him. As I said, he didn’t raise any of those concerns with me when we met on Friday.”

The Saturday Paper contacted George Brandis but he had no comment.

“ANY SUGGESTION THAT WE IN THE PORTFOLIO ARE SOMEHOW EMBARKED ON THE SECRET DECONSTRUCTION OF THE SUPERVISORY CONTROLS WHICH ENVELOP AND CHECK EXECUTIVE POWER ARE NOTHING MORE THAN FLIGHTS OF CONSPIRATORIAL FANCY…”

Watt asked Pezzullo for assurance there would be no change to the longstanding provisions in the ASIO Act that kept the agency under its director-general’s control and not subject to instruction from the departmental secretary. The minister representing Home Affairs in the Senate, Communications Minister Mitch Fifield, said: “It is not proposed that there be a change to that effect.”

The new Department of Home Affairs takes in Immigration and Border Protection, the Australian Federal Police, the Australian Criminal Intelligence Commission, the Australian Transaction Reports and Analysis Centre, known as AUSTRAC, and ASIO.
ASIO does not move until legislation is passed to authorise the shift, and will retain its status as a statutory agency.

Pezzullo addressed the fears of those questioning his department’s reach. He said some commentary mischaracterised the arrangements as “being either a layer of overly bureaucratic oversight of otherwise well-functioning operational arrangements or, worse, a sinister concentration of executive power that will not be able to be supervised and checked”.

“Both of these criticisms are completely wrong,” he said.

Pezzullo had already described his plans, both to the committee and in a speech he made in October last year, in which he spoke of exploiting the in-built capabilities in digital technology to expand Australia’s capacity to detect criminal and terrorist activity in daily life online and on the so-called “dark web”.

But the language he used, referring to embedding “the state” invisibly in global networks “increasingly at super scale and at very high volumes”, left his audiences uncertain about exactly what he meant.

Watt asked if there would be increased surveillance of the Australian people. “Any surveillance of citizens is always strictly done in accordance with the laws passed by this parliament,” Pezzullo replied.

In his February 7 speech to ASIO, George Brandis described Pezzullo’s October remarks as an “urtext”, or blueprint, for a manifesto that would rewrite how Australia’s security apparatus operates.

Pezzullo hit back on Monday. “Any suggestion that we in the portfolio are somehow embarked on the secret deconstruction of the supervisory controls which envelop and check executive power are nothing more than flights of conspiratorial fancy that read into all relevant utterances the master blueprint of a new ideology of undemocratic surveillance and social control,” Pezzullo said.

As for day to day human resources, financial management and transparent accountable governance, media reports are not inspiring confidence in Messrs. Turnbull, Dutton and Pezzullo.

The Canberra Times, 2 March 2018:

Home Affairs head Mike Pezzullo was one of the first to front Senate estimates on Monday.

It's been up and running for only weeks, but his new department is part of one of the largest government portfolios.

Having brought several security agencies into its fold, and if legislation passes letting ASIO join, the Home Affairs portfolio will be home to 23,000 public servants. 
Mr Pezzullo was also quizzed on the investigation into Roman Quaedvlieg, the head of the Australian Border Force who has been on leave since May last year, following claims he helped his girlfriend - an ABF staff member - get a job at Sydney Airport.

It was revealed the Prime Minister's department has had a corruption watchdog's report into abuse of power allegations for at least five months while Mr Quaedvlieg has been on full pay earning hundreds of thousands of dollars.