Wednesday, 31 July 2019

Best explanation of the digital disaster that the Abbott-Turnbull-Morrison Government has inflicted on Australian industry, businesses and consumers of digital products/services, by requiring mandated government access to all encryption keys


"Barr is calling for crypto that "achieve(s) a 99 percent assurance against cyber threats to consumers". We don't know how to build that... As the graphs above show, we only know how to build either 100% or 0%" [@ErrataRob, 26 July 2019]

"How hard is it to break this [end-to-end] encryption, for data encrypted to an up-to-date standard? It has been estimated to take 6,400,000,000,000 years using a 2009-era desktop computer. Supercomputers like China’s Sunway TaihuLight are up to three million times faster than that, and can perform 93 quadrillion calculations per second, so cracking a message might be possible in only 2 million years." [Australian Parliamentary Library, 3 October 2018]

This Twitter thread contains the best explanation of the digital disaster that the Abbott-Turnbull-Morrison Government has inflicted on Australian industry, businesses and consumers of digital products/services, by requiring government access to all encryption keys - mandated through the Telecommunications and Other Legislation Amendment (Assistance and Access) 2018 which became law on 9 December 2018. 

The thread explains why there is no safe 'backdoor' to bypass up-to-date encryption on the basis of perceived national security or law enforcement needs.

Show this thread

One of the reasons regional living is so good is the size and strength of community spirit


The Clarence Independent, 25 July 2019:



Iluka Bowls Club’s president, Ray Flaherty (4th form right, front), Ann and John McLean (centre with white t-shirts), pictured with bowls club directors and members. Image: Contributed

Iluka Bowls Club has offered to provide land for the proposed ambulance station in Iluka. 

Estimated to come with a $10million price tag, the NSW Government is currently working on “detailed service planning” and “site acquisitions studies” for the proposed station, Clarence MP Chris Gulaptis said after the NSW budget was released in June. 

The bowls club’s general manager, Nicola Donsworth, said the land is located next to the netball court on the corner of Denne and Spenser streets. 

“It would be a perfect central location, with two street accesses, next to the helicopter landing area on the sports oval and next to the skate park and, and as we know, the majority of our town’s population is ageing. 

“It may be necessary to rezone the land but it might be an offer that the council and state government might find difficult to refuse. 

“We are hoping that if this offer is viable it may speed up the process and get this ambulance station established.” Ms Donsworth said the club’s board is in favour of the idea, subject to the club members’ approval. 

Ambulance Action Group spearheads, Ann and John McLean, welcomed the offer.

“The need for an ambulance station in Iluka has become more important than ever,” Ms McLean said. “Response times are getting longer. 

“There have been many incidents where paramedics have been sent from Grafton and Evans Head, due to there not being an ambulance available in Yamba or Maclean.  
“This is often caused because the paramedics are being utilised to transport patients from Maclean to Lismore or the Gold Coast.....

The budget papers list the ambulance station as commencing “prior to March 2023”.

Tuesday, 30 July 2019

The unemployed in Australia have been betrayed yet again


A Liberal Party dominated Australian House Of Representatives Select Committee on Intergenerational Welfare Dependence betrayed vulnerable Australians in April 2019.

However, neither the Labor Party nor Centre Alliance can walk away from the shameful part they played in this betrayal.

The Age, 23 July 2019:

A bipartisan call to increase the Newstart allowance was removed from a parliamentary report at the direction of the Morrison government on the eve of the federal election.

As Prime Minister Scott Morrison stares down growing demands by Coalition MPs to lift the unemployment benefit for the first time since 1994, The Sydney Morning Herald and The Age can reveal former social services minister Paul Fletcher intervened in an inquiry to erase a major recommendation that would have turbo-charged the sensitive issue.

The probe into the causes of long-term welfare was established by the government in mid-2018 to investigate why some Australians become trapped in the system.
The draft final report - agreed to by MPs from the Coalition, Labor and crossbench - contained a specific call to lift the Newstart payment for singles and families.

But sources said Mr Fletcher demanded to review the recommendations before they were publicly released in April and is understood to have told the committee chair - veteran Liberal MP Russell Broadbent - that the final report could not contain the specific Newstart recommendation.

The committee, which included Liberal MPs Kevin Andrews, Bert van Manen, Ben Morton and Rowan Ramsey, as well as Labor MPs Ged Kearney and Sharon Bird, was then hastily reconvened to change the wording of the report.

The opposition's policy at the time was to merely review Newstart rather than raise it.

Following Mr Fletcher's intervention, MPs agreed to only recommend an examination of the "adequacy of payments on young people and single parent families".

In a sign of the growing sensitivity of the issue, Mr Morrison on Tuesday warned Coalition MPs against airing personal views, telling them "government is not a blank cheque" and that they disrespected colleagues by pursuing personal policy agendas.

Amended Final Report can be found here.

Australian Parliamentary Library Briefing Book, retrieved 18 July 2019;

From 20 March 2020, Newstart Allowance will be replaced by a new JobSeeker Payment. Over time a number of other working age payments such as Sickness Allowance and Widow Allowance will end and recipients will also move to the JobSeeker Payment. The new payment will have the same payment rates and indexation arrangements as Newstart Allowance. This is part of a 2017–18 budget measure that aims to simplify the income support system. [my yellow highlighting]

Monday, 29 July 2019

247,000 coastal homes in Australia are in the firing line if sea level rises reach 1.1metres


ABC News, 22 July 2019:

The latest figures from the Department of Environment  warn a sea level rise of 1.1 metres, considered a high-end scenario, would cost $226 billion nationally by the end of the century.

If that eventuates, it would put up to 68,000 homes at risk in Queensland and the same number in New South Wales.

In Victoria and South Australia, it would be up to 48,000 homes, up to 30,000 in Western Australia and up to 15,000 in Tasmania.

Every coastal community in Australia is doing its own mapping, but Noosa may take it a step further.

The Noosa Shire is now considering how best to warn owners, both current and future, about the risk.

Councillors say the estimated 2,232 Noosa properties likely to be affected by storm flooding in 80 years' time could be told directly via rates notices.

Possible buyers may also be alerted through routine property or rates searches.

Noosa Mayor Tony Wellington said it was "a problem that every coastal council is facing around the world now — and it's an issue of defend or retreat obviously".

"What we have to look at is whether it is feasible and possible to defend property, in a worst-case scenario, or whether it is not possible, and what the cost implications are," he said.

"And then you have to ask whether all residents should be funding for protection of a few properties.

"It's a very complicated issue."

The Mayor also said it was a matter of "buyer beware" and those in low-lying areas ought to know the risks.

In 2015, a report to Byron Bay Council warned that certain homes may become "voluntary house purchases" where the council buys homes at risk of flooding "to reduce risk to life and limb"…..

The Insurance Council of Australia said climate declarations and long-term fears of flooding would not affect premiums, but actual storm or water damage could.
"If you're already at risk and climate change predicts that you will become further exposed, then your premiums over the next 30–80 years will go up to reflect changes in that risk," the council's Campbell Fuller said.

Even the current rate of global sea level rise at 3.4mm each year has the potential to impact on vulnerable coastal towns such as Yamba on the NSW Far North Coast.

Excerpt from Clarence Valley Council Yamba Floodplain Risk Management Plan, February 2009:

Flooding at Yamba can occur as a result of a combination of high flows in the Clarence River, high ocean levels, wind wave action along the foreshore or from intense rain over the local catchment. The risk to life due to river flooding is considered to be low as inundation occurs gradually and with several hours (or days) warning. Similarly, flood hazard resulting from ocean storm surge is also considered low as there is likely to be several hours warning of an event, with the peak of the storm lasting for less than a day. The Floodplain Risk Management Study indicates a storm surge warning time of 6 to 24 hours. It should be noted however that the flood hazard can become high if the low lying community to the west of the town does not respond to flood warnings as the available high ground is only accessible by Yamba Road, which is readily cut by floodwaters. The only road out of Yamba to the Pacific Highway is also inundated in the 10y ARI and greater flood events. [my yellow highlighting]

Ballina is another  coastal town on the Far North Coast. Its CBD is on the banks of the tidal Richmond River where it empties into the sea.

Sea level rise is something Ballina has been discussing for many years because for the Ballina community the evidence is right before residents’ eyes.

This was Tamar Street in the CBD in January 2018 showing saltwater intrusion at high tide.

Photograph supplied by @Captainturtle


Other Far North Coast towns and villages are also under threat of foreshore/beach erosion, wave overtopping and/or innundation, including Wooli, Belongil Beach and Clarkes Beach.

Domestic violence can be a whole lot more more than being slapped across the face or pushed into a wall - something the religious right in the Morrison Government fail to understand


It appears that the Morrison Government is not backing down from delivering $10 million in federal funding to predominately religious groups for the purpose of providing counselling for couples and couples with children where one adult is a domestic violence perpetrator and the other adult (and perhaps one or more of the children) is the victim of this violence.

By 23 July 2019, mainstream media had reported on the deaths by violence of 29 women this year.

One in every 4 Australian women experience domestic violence during their lifetime.

Shot, stabbed, set on fire, held under water until drowned, rammed by a car, beaten or hacked to death. These are just some of the ways women die at the hands of their husbands, partners or close male relatives.

However, there is one attempt to injure and kill that appears to be the most common.....

news.com.au, 26 July 2019



ABC News, 12 March 2019: 

Women who survive strangulation are up to seven times more likely to go on to die at the hands of their partner, according to recent studies in the US. 

And there are side effects that aren't always obvious to treating doctors, paramedics or police officers — everything from voice changes to blood clots, strokes and paralysis. 

Survivors and medical professionals are now pushing for increased training and awareness around non-lethal strangulation — something they say could help save lives. 

Sue* was strangled by her partner about a year ago in Queensland, and knows too well that the side-effects can be delayed, and severe. 

 "I have PTSD. I have vocal cord dysfunction," she says. "I'll get halfway through a sentence and have to stop because I can't swallow properly and I can't breathe properly because the neck just spasms because of the damage done to the vocal cords.... 

A quarter of all NSW murder victims had suffered a strangulation attack prior to their deaths.


ncbi.nlm.nih.gov, Strangulation injuries:

There are numerous anatomic neck structures that, when collapsed, can cause morbidity and mortality in hanging injuries. Jugular veins collapse under 4.4 pounds of pressure. Carotid arteries collapse under 5.5 to 22 pounds of pressure. The vertebral arteries will collapse under 18 to 66 pounds of pressure. The trachea will collapse under 33 pounds of pressure. The cricoid cartilage will fracture under 45 pounds of pressure. The collapse of each of these vital structures can lead to immediate death, as well as delayed complications. Damages to both anterior and posterior ligaments and cervical spine dislocations have been documented as a result of strangulation injuries. Direct spinal cord injury, hematoma, or hemorrhage can both cause immediate death and paralysis.

Acute death will ensue when compression or occlusion of the trachea occurs. In the past, this was proposed as the mechanism of mortality in most strangulation injuries. Swelling to the airway and surrounding structures may also lead to acute or delayed death. Death has been documented up to 36 hours after initial strangulation injuries. Compromise to vascular structures has been proven to cause significant morbidity and mortality. This has been proven in tracheostomy patients who have committed suicide. Death in these cases did not involve compression of the trachea or airway due to the presence of an intact tracheostomy.


Compression of the jugular veins results in acute death by causing cerebral hypoxia followed by loss of muscle tone. Once muscle tone is compromised, increased pressure is applied to both the carotid arteries and trachea. Direct compression of the carotid arteries also leads to decrease or loss of cerebral blood flow and brain death. Direct pressure on the carotid sinuses causes a systemic drop in blood pressure, bradycardia, and other arrhythmias. Consequences are anoxic and hypoxic brain injury death.


Many of the martial arts “submission holds” are known to place direct pressure to these vascular structures primarily and can result in strangulation injuries. There can be long-term consequences of strangulation injuries due to vascular compromise as well. Long-term anoxic brain injury, thrombotic stroke, dissection, and aneurysm of vessels can all cause significant morbidity. [my yellow highlighting]

Sunday, 28 July 2019

Clarence Valley Council Living Sustainably Awards - nominations accepted until 5 August 2019


Clarence Valley Council, media release, July 19, 2019:

Rewards for those who live sustainably

THE call has gone out to nominate those who have made outstanding contributions to environmental sustainability in the Clarence Valley.

The Clarence Valley Council is calling for nominations for its annual Living Sustainably Awards and has categories for individuals, community groups, businesses, schools and ‘our backyard’.

The our backyard category is new and according to council environmental officer, Suzanne Lynch, has been introduced to applaud the commitment to backyard sustainability that many residents make.

We would love to get applications from everyday people who are shrinking their carbon footprint and making a difference in their own backyards or their streets,” she said.

This award is open to individual families or groups of residents in a street who have gone the extra mile by growing and sharing food, using renewable energy, incorporating energy efficiency and sustainable building practices, being committed recyclers, growing sustainable gardens or other great sustainable initiatives.”

The winner of the 2018 community group section was the South Grafton-based Mend and Make Do Crew and its spokeswoman, Ursula Tunks, said that for many people recycling was a way of surviving.

The huge issue is there's more than enough to go around on this planet and there's absolutely no reason anyone should be going without,” she said.

For us it's literally redistributing the wealth via what people throw out/donate. The environment is vital to all humans and not wasting anything is an important part of minimising the impact on all the environment.

The award was an amazing opportunity for our team to get encouragement and acknowledgement that the work we do is valued outside our existing client agency base.”

For further information and to download a nomination form, visit http://bit.ly/2XKeACGsustainable Nominations close August 5.

Release ends.

Saturday, 27 July 2019

Quote of the Week


"I don’t even think the bastardry is intentional, it’s just what he [Scott Morrison] is. In a sense it is the inevitable culmination of his bankrupt and moribund party. His re-election might provide a reset but I am not optimistic.” [Journalist and commentator Mungo McCallum quoted in The Monthly, July 2019]

Tweets of the Week




Friday, 26 July 2019

Land clearing law in New South Wales




It’s been almost two years since the NSW Government introduced a new scheme for regulating land clearing and biodiversity in NSW. While the business of tree clearing has continued apace under self-assessed codes and a new Vegetation SEPP, fundamentally important parts of the scheme are still missing. This EDO NSW series of legal updates looks at how the laws are being implemented and the regulatory gaps that are putting our wildlife and healthy sustainable landscapes at risk.

Our first update looked at clearing in rural areas and outlined the fundamentally important parts of the scheme that are still missing even while tree clearing has continued apace under self-assessed codes. The second update looks at elements of the new scheme that are missing or lack clarity for tree clearing in urban areas and e-zones. This third update looks at compliance and enforcement of new clearing laws.

Read the third update here.

Australian Education Minister Dan Tehan gives working parents in rural and regional areas unrealistic advice


"Nearly 300,000 children in regional and remote areas receive formal childcare. However, unlike capital cities where a glut of childcare centres is reported, access to childcare continues to be a problem in regional areas.” [Centre for Independent Studies, 23 September 2018]

City centrism is alive and well in the Morrison Government.

Photograph: ABC
Here is the Minister for Education and Liberal MP for Wannon Dan Tehan  (pictured left) blithely assuming that every town across Australia not only has a chilcare centre it has more than one.

In Dan's world parents in rural and regional areas are apparently able to shop around for competitively priced childcare.

[cue cynical laughter]

The Daily Examiner, 22 July 2019, p.5:

Greedy childcare centres have gobbled up almost half the money parents were meant to save from new subsidies by raising their fees.

A subsidy system which began on July 2 last year was meant to save the average family $1300 in childcare fees a year.

But new data shows that in the year leading up to the subsidy’s introduction, the average parent with a child in care 48 weeks of the year is paying $622 more than they were 12 months ago.

Of this $276.50 of that came from cost increases between July and September 2018, after the subsidy was introduced.

Labor’s childcare spokes-woman Amanda Rishworth said the government should be “naming and shaming” centres who lifted fees to take advantage of the subsidies.

But Education Minister Dan Tehan said out-of-pocket costs for child care had still fallen almost 9 per cent, and urged those getting a raw deal to “vote with their feet and find a new service”.

Education Department data recording costs in September 2018, the first released since the subsidies came into place, revealed the increased costs.

It showed the average family, which pays for 28.8 hours a week, had fees increase by $13 a week between September 2017 and September 2018, including $5.80 a week increase in the quarter the subsidies were introduced….

Thursday, 25 July 2019

Australian Politics in 2019: the betrayal


Echo NetDaily, 15 July 2019:

Thus Spake Mungo: The betrayal

Scott Morrison really likes quiet Australians – as quiet as possible. So it was really no surprise that his response to his minister, Ken Wyatt’s modest and tentative proposal to consider reviving an Indigenous Voice through the Uluru Statement from the Heart was simple and direct: bloody well shut up and do what you are told.

We will decide who speaks for Indigenous Australia and the circumstances in which they speak, and by we, I mean me, and Eric Abetz and Peter Dutton and the Institute of Public Affairs and Andrew Bolt – not Indigenous Australians. They can do what they are told.

So the glimmer of hope last week was extinguished as soon as it began. Wyatt knew it probably would be – when he delicately referred to ‘reticence’ within his party room, he was prepared for a backlash, but maybe not one as cynical, hypocritical and downright vicious as the one that transpired.

In nanoseconds the same old lies were trotted out, most outrageously the one about the Voice being a third chamber of parliament. If the deliberately ignorant ever thought that was the case, they have certainly been informed by now that it never was and never is – the proposal is for a Voice, an advisory body with no power to legislate or veto whatever the parliament decides.

This must have been clear even to Dutton. But this did not stop him repeating the fabrication on national television. What he actually means, of course, is that the truth is irrelevant – what matters is that it can be turned into a massive scare campaign to deceive the gullible in much the same way the coalition devised the invention of Labor’s death taxes, which worked on May 18.

And if that involves rejecting, traducing and misrepresenting the long and tortuous process that led to Uluru, well they can just suck it up. Everyone knows there are no votes in Aborigines.

So Wyatt meekly surrendered to the inevitable and will now go back to what he called pragmatism, negotiation, compromise – we must have consensus before we even think about going to a referendum, otherwise there is a risk of it failing.

And indeed there is, but only because of the intransigence of the reactionary rump that now holds sway over his government. The deep strain of latent racism that prevails throughout the joint party room and its acolytes is not confined to the fringes of the National Party – it has infected Liberals as well, some of whom call themselves the protectors of mainstream Australia.

They are worried about what they regard as causing divisions – offering rights and privileges to one group to disadvantage the rest. This is precisely what they demand for the religious zealots, but no matter. As they well know, there are no votes in Aborigines. And there is a sneaking suspicion that their predicament, while deplorable, is somehow their own fault – if they could just forget the past and get on with it, the incarcerations, the mortality rates, the unemployment, the homeless, the poverty and despair would simply disappear.

So we have the always predictable Craig Kelly say he did not want to spend money on a referendum – he would rather spend it on closing the gap (actually he would rather spend it on a coal fired power station, but let that pass). Barnaby Joyce says the solution is to break up the senate to bring in more rural members. Amanda Stoker, apparently attempting to remake herself into a transgender Peter Dutton, is against anything even vaguely progressive on principle.

And she is not the only one – come in Morgan Begg, of IPA, which by no coincidence is secretly funded by a large chunk of the mining industry, a traditional enemy of Indigenous rights. Begg sprang into the pages of The Australian (where else?) to claim that a Voice would violate all principles of racial equality. And he went back to the hugely successful 1967 referendum to boost his thesis: by agreeing to count Aborigines in the national census, Australians voted to remove race from the constitution.

But that was only part of that they voted for. They also voted to give the Commonwealth Parliament the right – even the duty – to legislate specifically for Aborigines, a considerably more substantial outcome. This was the power John Howard used in 2006 to bring in his military intervention of allegations of child abuse. There is no record of Begg inveighing against such blatant racism division, illiberalism.

And his hypocrisy is echoed by many conservatives, including Morrison, who is determined to avoid embedding any suggestion of a Voice in the constitution – the key, the non-negotiable plank in the Uluru Statement. Morrison says that if there is to be a Voice – and mind you, he is not saying there will be – an advisory body established by parliament will be quite sufficient.

But this misses the point: not only would such a body be vulnerable to political interference, in the same way Howard abolished the former Australian and Torres Strait Islander Commission in 2004, but the whole idea is that the Voice should be endorsed by the Australian people, not just by the politicians of the time.

This after all, was the argument of the conservatives over same sex marriage – the change was so important it had to go to a plebiscite. But obviously reconciliation with Indigenous Australians can be regarded as relatively trivial – there are no votes in Aborigines.

In the end, Morrison and Wyatt will probably be able to cobble together some anodyne words, some impotent tokenism he can take to a referendum

In the end, Morrison and Wyatt will probably be able to cobble together some anodyne words, some impotent tokenism he can take to a referendum which may or may not pass, and who cares anyway. But it will be a travesty of Uluru, a betrayal of the painstaking months of good faith the delegates invested in the hope that this time, at last, someone would listen.

Wyatt has been lauded as the first of his race to join cabinet as the first Minister for Indigenous Australia – Morgan Begg and Andrew Bolt would no doubt call this divisive in itself. But the task was too much for him or probably anyone else. Ken Wyatt could have been a hero – not only an Indigenous hero, but a hero for all Australians of goodwill, the majority who are willing to support the long march to real reconciliation. Instead, he has become just another casualty, yet another victim of the casual racism and cruelty of the right wing rump……

Read the full article here.

Wednesday, 24 July 2019

Successive NSW Governments have believed that construction risks are best managed by builders - how wrong they were


This was the position of the NSW Liberal-Nationals O’Farrell Government in May 2013 after reviewing changes made to state building regulations and certification:

As the Government’s April 2013 White Paper – “A New Planning System for NSW” points out, building regulation and certification are a significant part of the NSW planning system.

The general outcomes that regulation and certification seek to secure are two-fold. First, a level of building performance consistent with the needs of an advanced society in terms of health, safety, amenity and sustainability and second, compliance consistent with planning expectations as defined by the planning system.

The current system of certification has evolved from the introduction of private certifiers in 1998, enabled by amendments to the Environmental Planning and Assessment Act 1979 (EP&A) and Regulations. Following the 2002 Campbell Inquiry into the quality of buildings, administrative changes were put in place within the then Department of Urban Affairs and Planning for regulatory oversight of certifiers and in 2005 the Building Professionals Act established the Building Professionals Board (BPB), which took over this function.

Subsequently, there have been numerous legislative amendments and changes to regulations relating to certification. These have been essentially accretive and so the legislative framework has become unnecessarily complex and in some cases no longer relevant. With the establishment of a new planning system, the opportunity presents to take a fresh look at arrangements which have essentially developed as flow-ons from the last major reforms dating back to the 1979 commencement of the EP&A. Accordingly, the well established principles of developing regulatory systems that are efficient in an economic sense, as well as effective having regard to ease of administration, achievement of desired outcomes and minimizing the compliance burden, should now be applied……

It follows that improvements to building regulation must have regard to regulatory impacts such as cost and effective administration and ensure that certifier resources can cope with a higher level of activity.

However, regardless of the effectiveness of improvements that can be made to regulation, building construction risks are best managed by the builder and outcomes for consumers will depend on the clarity with which the roles and accountabilities of all the participants in the process are specified in statutes and regulations. [my yellow highlighting]

By 2013 private building certifiers were estimated as issuing at least 50 per cent of all building approvals, according the NSW Dept. of Planning & Industry.

In 2019 the wheels fell off this particular ill-advised policy change, with reports of private certifiers acting like cowboys and forced evacuations of defective, dangerously unstable multi-story apartment buildings.


It gives me no pleasure, watching the looming disaster that is the NSW construction industry, to say we told you so  ("Toxic secret kept from unit owners", July 20-21).

In the early 2000s, along with my local government colleagues, we begged the NSW Government not to deregulate the supervision of building construction and give it over to private certifiers paid by the developers.
We warned it was putting the "fox in charge of the hen house" and would result in poor quality buildings that failed to comply.
Decades later successive state governments have ignored thousands of complaints from the community and numerous private certifiers declaring themselves bankrupt to avoid liability.
The industry is failing the consumer with all the benefits flowing to developers. The only real solution it to put government back in charge of regulation of the building construction process and that can only be done efficiently by a local authority. - Genia McCaffery, former president Local Government NSW

The Sydney Morning Herald, 15 July 2019:

Professional indemnity insurance premiums have skyrocketed following the discovery of severe defects at a string of apartment buildings in NSW and Victoria's flammable cladding problems, and other types of building insurance products are expected to follow.

State of Play 2019: the Australian workplace


Financial Review, 17 July 2019:

The head of a large mortgage brokering company is facing court for allegedly paying his Filipino nanny just $2 an hour for working more than 100 hours a week.

The Fair Work Ombudsman (FWO) has accused Tony Lam, managing director of Award Mortage Solutions, of underpaying the worker $155,178 for 12 months of domestic and caring work at his luxury penthouse apartment in Sydney.



The Federal Court action is set to be a significant test of whether nannies and domestic workers are covered by modern awards, which include overtime and penalty rates for morning, evening and weekend work.

The "scale of the alleged underpayments and the unreasonable work hours are concerning", said ombudsman Sandra Parker.


We allege the worker in this case was vulnerable to exploitation given she was new to Australia, resided with Mr Lam and his family and did not know what her workplace rights were," she said......


ABC News, 18 July 2019:

An Adelaide construction site supervisor who doused an apprentice in flammable liquid and set his clothes on fire has pleaded guilty to breaching the Work Health and Safety Act.


Key points:
Tad-Mar Electrical supervisors Luke Daniel Chenoweth and Jeffrey Mark Rowe are being prosecuted by SafeWork SA
The tribunal was told the victim could have suffered second-degree burns
Chenoweth will be sentenced at a later date, Rowe was fined $12,000
Tad-Mar Electrical employee Luke Daniel Chenoweth and fellow supervisor Jeffrey Mark Rowe were prosecuted by SafeWork SA over the incident at a worksite in Woodville in April 2017.

Prosecutor Laura Willows told the South Australian Employment Tribunal (SAET) that Chenoweth squirted flammable liquid onto the boot of a 19-year-old apprentice — who the ABC has chosen not to name.

"He let the flames on his boot go out and he didn't say anything, he just wanted to get away from Chenoweth," she said.


"Chenoweth followed him and squirted some more liquid onto the crotch area of the complainant.


"It was at this point the complainant became particularly scared … so he ran away."


However, Ms Willows said the two supervisors followed the apprentice and both squirted more lighter fluid on the young worker's shirt and ignited it.


"[The apprentice] felt intense heat instantly and he was pulling his shirt away from his skin and waving his arms to try and put the flames out," she said.

"He could smell burnt hair and he was worried he had been seriously burnt."


'The apprentice could have suffered second-degree burns'


The court heard the apprentice would have suffered second-degree burns if his shirt was left on his body for another 20 seconds.


Ms Willows told the court the apprentice was subjected to ongoing bullying in the lead-up to the incident.


She said the apprentice had previously been tied to a ladder with duct tape, had his arms and face covered with silicon and permanent marker and had been locked in a shipping container.


The court heard Chenoweth had also failed to ensure that the apprentice received medical assessment for an electric shock and subjected him to frequent verbal abuse.


"The defendant was in a position of authority on the building site being supervisor and the victim was an apprentice," Ms Willows said.....



George Colombaris
Photograph, The Age, 18 July 2019
Australian Government Fairwork Ombudsman's Court-Enforceable Undertaking with the MADE Establishment Pty Ltd group of companies, excerpt from public apology template, July 2019:

In early 2017, following a change in ownership and management, MAdE Establishment conducted a review of its records and identified circumstances where it had failed to correctly pay many of its employees. MAdE Establishment self-reported this to the Fair Work Ombudsman (FWO) which subsequently commenced an investigation into Jimmy Grants and the MAdE Establishment group of companies, being the Hellenic Republic, Press Club and Gazi restaurants.

Since first identifying the underpayment issues, the MAdE Establishment group has back-paid 515 current or former employees $7.83m.This amount comprised underpayments for the admitted contraventions listed below. In some cases, workers were incorrectly classified. Record-keeping laws relating to time records for some annualised salary employees were not adhered to, contributing to underpayments.

The FWO also found underpayments of about $16,000 for 9 employees at two Jimmy Grants stores. Jimmy Grants (Emporium) and Jimmy Grants (Fitzroy) incorrectly classified some workers and for some employees the wrong award was applied, resulting in underpayments of base rates for ordinary hours and a range of penalty rates......

George Calombaris, founding shareholder (shareholder 2008-current, director 2008-2018)

Radek Sali, Director of MAdE Establishment (director 20 December, 2016-current, shareholder 20 December, 2016 - current)

Adam Gregory, Director of MAdE Establishment (director 26 April, 2017-current, shareholder 28 August, 2017 -current)