Safer Pathway program becomes third government-led domestic violence initiative to be found ineffective by BOCSAR

Destroy The Joint

The NSW Government domestic violence program rolled out between September 2014 and July 2015......

NSW Department of Family and Community Services - Safer Pathway:

The safety and protection of victims and their children lies at the heart of It Stops Here: Standing Together to End Domestic and Family Violence, the NSW Government’s Domestic and Family Violence Framework for Reform.

Safer Pathway proposes a fundamental change in how agencies and organisations support victim’s safety in NSW. Through Safer Pathway, the right services are provided to victims when they need them, in a coordinated way.

The key components of Safer Pathway build on the existing service response. These are:

* a Domestic Violence Safety Assessment Tool (DVSAT) to better and consistently identify the level of domestic violence threat to victims

* a Central Referral Point to electronically manage and monitor referrals

* a state-wide network of Local Coordination Points that facilitate local responses and provide victims with case coordination and support. By the end of March 2018, Safer Pathway will be operational at the following 43 sites: Albury, Armidale, Ashfield/Burwood, Bankstown, Bathurst, Blacktown, Blue Mounatins, Bourke, Broken Hill, Campbelltown, Coffs Harbour, Deniliquin, Dubbo, Far South Coast, Goulburn, Gosford, Griffith, Hunter Valley, Illawarra, Lismore, Liverpool, Moree, Mt Druitt, Newcastle, Newtown, Northern Beaches, Nowra, Orange, Parramatta, Penrith, Port Macquarie, Queanbeyan, St George, Sutherland, Tamworth, Taree, Toronto, Tweed Heads, Wagga Wagga, Walgett, Waverley, Wollongong and Wyong.

* Safety Action Meetings in which members develop plans for victims at serious threat of death, disability or injury as a result of domestic and family violence

* information sharing legislation that allows service providers to share information about victims and perpetrators so that victims do not have to retell their story multiple times, to hold perpetrators accountable and promote an integrated response for victims at serious threat.

The outcome at Year 4 of the program......

Clare Ringland, The Domestic Violence Safety Assessment Tool (DVSAT) and intimate partner repeat victimisation, April 2018

Wai-Yin Wan, Hamish Thorburn, Suzanne Poynton and Lily Trimboli, Assessing the impact of NSW’s Safer Pathway Program on recorded crime outcomes – an aggregate-level analysis, February 2018

The Sydney Morning Herald, 2 May 2018:

A signature NSW government program to reduce domestic violence rates is failing to protect women from further harm, a new report reveals, casting doubt over the Premier’s target of reducing reoffending by 25 per cent by 2021.

The Safer Pathway program, a key feature of state government's 2014 domestic violence reforms, "has only had a limited effect on the incidence of domestic violence", according to two reports released today by the NSW Bureau of Crime Statistics and Research (BOCSAR).

It is the third government-led domestic violence initiative to be found ineffective by BOCSAR in recent months.

Dr Don Weatherburn, BOCSAR's director, said the Premier's goal of reducing the number of perpetrators who reoffend within 12 months to 10.7 per cent by 2021 was now out of reach.

"Judging from what we've seen there's no way we are going to have a 25 per cent reduction in domestic violence reoffending by 2021,"  he said.

Under the Safer Pathway program, police are required to assess all victims who report domestic violence using a questionnaire known as the Domestic Violence Safety Assessment Tool.

Victims assessed as having a "serious risk" are then referred to a Safety Action Meeting (SAM), where a team of experts develop an "action plan" for the victim.

BOCSAR tracked more than 24,000 cases of domestic violence between January 1, 2016, and June 30, 2016, and found that the questionnaire was a "very poor instrument for measuring the risk of repeat domestic violence victimisation, often performing little better than chance".

As part of the questionnaire, victims are required to answer 25 questions designed to assess their risk-level. A police officer then performs a further assessment, including whether there are children at risk of harm. Victims are considered at "serious risk" if they respond "yes" to at least 12 questions, and if the officer's assessment also concludes there is a legitimate threat.

However, BOCSAR's report found that 90 per cent of those who experienced repeat victimisation had responded ‘'yes'’ to fewer than 12 items in the questionnaire.

“Large numbers of women who are at serious risk aren't being identified as such and aren't being given the support of a safety action meeting,” Dr Weatherburn said.

He said the questionnaire also failed to ask critical questions, such as whether the victim intended to live with the perpetrator.

"We were shocked to discover how bad that instrument was. You might as well guess who is at serious risk,” Dr Weatherburn said…..

Dr Weatherburn said the program's ineffectiveness was partly a byproduct of the inadequacies of the screening process, which he said resulted in women who were not at serious risk being referred to the safe action meetings.

A spokeswoman for Pru Goward, the minister for the prevention of domestic violence, said the NSW government was currently working with BOCSAR to develop "a revised and improved risk assessment tool for domestic violence victims."

Even before that environmental vandal NSW Premier Mike Baird further weakens state environmental law large scale land clearing is increasing

ABC News, 14 November 2016:

In a country with one of the highest land clearing rates in the world, laws making it easier for farmers to clear native vegetation from their properties are expected to be passed in New South Wales within days.

Earlier this month, a leading scientist advising the Baird Government on the proposed changes quit in protest.

Professor Hugh Possingham warned that rather than protecting biodiversity, the laws would allow a doubling of broad-scale clearing that would put some native animals at risk of extinction.

The current laws are supposed to prevent that kind of clearing without permits.

But a Lateline investigation shows the State Government's environmental watchdog has dropped investigations into illegal clearing, after direct political intervention…..

The shocking 2014 murder of environment officer Glen Turner by farmer Ian Turnbull highlighted the ongoing battle being waged in the bush, where huge economic pressure for higher returns clashes with the need to conserve native vegetation.

Australia now has the 5th highest rate of land clearing in the world.

In 2015, a study by NSW Parks and Wildlife found that 60,000 hectares was being cleared per year in the state — a four-fold increase on previous State Government figures……

For two years until end of 2015, the Priestleys collected evidence of alleged illegal clearing and sent it to the State Government watchdog, the Office of Environment and Heritage (OEH).

Last year, without explanation, the OEH halted its investigation.

"I'm completely devastated," Claire Priestley said.

"I've grown up on that land, I've been out there my whole life. It's devastating to see that a large conglomerate can come into this community, it seems like they have a special privilege to just clear what they want."

Mr Priestley has photographed what he claims is the aftermath of broadscale land clearing, including images of several bulldozers and piles of smouldering native vegetation.

"You can virtually clear the size of the moon and get away with it but you can be in trouble for trespass by taking photos."

Approvals for native clearing are required to be on a public register.

The NSW Environmental Defenders Office recently searched for any approvals given to the Harris business to clear land on its properties west of Walgett.

"We have searched those registers. They're complex registers. You navigate through them by GPS coordinates," EDO chief solicitor Sue Higginson told Lateline.

"With the resources we've had available to us we have searched those registers and we have not turned up any approval for the native vegetation clearing that the Priestleys have witnessed on the Harris properties."

Lateline can also reveal that the Office of Environment and Heritage dropped an investigation into alleged illegal clearing by 12 farmers in the nearby Wee Waa area due to what it believed was the risk of a "catastrophic consequence" if environment officers entered farmers' properties.

The decision to suspend the Wee Waa investigation was the result of an email sent in May 2015 by Nationals state MP Kevin Humphries, urging the investigation be dropped because it was "too explosive" and "not warranted".

Mr Humphries, the Member for Barwon, warned that farmers were looking to blockade any attempt for an on-site visit by OEH and if the visits went ahead it would be "the start of something that will escalate very quickly between farmers from around the state and the authorities".

Despite Mr Humphries' email, there is no evidence that the farmers were planning to blockade OEH inspectors.

Mr Humphries denies the email perverted the course of justice…..

Former station manager Bill Keene has accused the OEH of being unwilling to stop big players in Australia's agricultural industry.

"No doubt they're monitoring it, they're just not doing anything. They're all noise," he said.

For 28 years Mr Keene managed Brewon station, now owned by P & J Harris & Sons.

He was invited by the OEH to be a witness in an investigation of the Harris company's alleged illegal clearing before the Priestleys complained to the agency.

Mr Keene claims he provided information of illegal clearing on Brewon station to the OEH based on satellite imagery of the property.

He left the area a decade ago but he has reviewed recent aerial footage of the Brewon station obtained by Lateline which he compared to a 2013 Google map.

"I've seen from one end to the other and I know the country inside out. All this country to the west has all been cleared and sown under wheat.

"There's been a massive expansion of clearing and to the best of my knowledge it's been done without permission."

"It's all wheat now. That country's fragile out there and I don't see why people should blatantly illegally clear things like the TSRs [trade stock routes].

"They're there for a reason, they're Crown land. They don't own them so why can they try and squeeze an extra few bags of wheat or whatever?"

Tony Graham, the manager who succeeded Bill Keene on Brewon, said the previous station owners would have loved the opportunity to farm more country.

"We did contact the relevant authorities to try and get that done but no permits were ever issued and under no circumstances was I aware we'd be able to do that.

"That's the reason why the Native Vegetation Act was put in place, just for the protection of that native vegetation."

When the Harris business bought the property in 2010, Mr Graham was told his service was no longer required.

A year later, the Office of Environment and Heritage asked him if he too would be a witness against the business.

"I was given some aerial maps, satellite imagery pre-2010 and post-2010.

"I was asked which country we had set aside for farming and for grazing and it was pretty obvious from those aerial images that it was chalk and cheese as to what had occurred to the country post my time as manager of Brewon.

"Just on those aerials in excess of 5 to 8,000 acres that we certainly didn't have anything to do with, country that I believe had been cleared."

After two years of consultations, Bill Keene and Tony Graham were told the Harris investigation would not go to prosecution.

Tony Graham: "I was very upset. I was very angry given the time myself and another of the previous managers put into it."

The Harris Business repeatedly declined interview requests, referring Lateline to its lawyers.

It denies all allegations of illegal land clearing.

It dismisses Chris and Claire Priestley as bitter losers, accuses the family of waging a vicious hate campaign, and highlights the fact the siblings' mother apologised for earlier defamatory statements, which she also retracted.

Coal Seam Gas: even the Murdoch media can't disguise this betrayal by Turnbull & Baird Governments

Conversation between NSW Minister for Industry, Resources and Energy Anthony Roberts & Australian Minister for the Environment and Energy Josh Frydenberg at COAG Energy Meeting, August 2016*

The federal and state governments on the east coast of Australia stood quietly by as APPEA and the gas industry structured export and domestic contracts in such a way as to businesses and families pay increasing high gas bills in order to subsidise the industry’s export markets.

Now the Baird Government decides that the best way to deal with this is to let the gas industry expand its exploration activities once again - creating new gas fields across the state.

Gas fields which will still produce gas for sale under the very same commercial arrangements which see Australian domestic gas prices so much higher than the price paid by international buyers.

That is unless the Turnbull, Baird, Palaszczuk and Andrews governments insist that the wholesale domestic gas price is no longer tied to the export price and state domestic gas reserves are established so that supply adequately keeps pace with demand.

The Australian, 22 August 2016:

New frontlines in the battle among environmentalists, pastoralists and gas explorers are set to be drawn, with governments in NSW and Victoria weighing up moves to reopen the door to critical energy projects to avert a looming price crisis.

The Baird government is preparing to stare down fierce envir­onmental opposition to coal-seam gas mining by lifting a moratorium blanketing most of NSW and approving projects on a “case by case” basis.

The move, which will reignite a debate largely extinguished after the buyback of earlier mining ­licences, comes as Victoria is ­expected by the end of the month to decide on the future of its longstanding moratorium on all new gas projects.

NSW Energy Minister Anth­ony Roberts said it was a priority to keep supply stable and reliable as the market transitioned to ­renewable energy.

“Gas is also an important feedstock for a number of manufacturing processes, not just a fuel source, and therefore ensuring continued reliable and affordable supply underpins employment and investment in a number of key sectors and locations,” Mr Roberts told The Australian……

Narrabri farmer Alistair Don­ald­son is adamant the development of coal-seam gas close to his beef and grain property would ­create economic and environmental problems.

“As landholders, we are held to ransom for what is essentially a highly invasive and potentially destructive industry,” Mr ­Don­aldson said.

“They’ll spruik the economic benefits of the mine, but at the end of the day it comes at the ­expense of other industries without even considering the environmental issues, which are monu­mental.”

NSW has significant reserves of coal-seam gas in the Gunnedah Basin, where Santos is already working on a project near ­Narrabri, as well as in the northern ­Clarence-Moreton Basin and near Gloucester, north of ­Newcastle.

Mr Donaldson said gas supply had not been an issue until the ­development of an export industry focused around Gladstone in Queensland.

“They will take up all available gas no matter what, and I can see us having domestic gas issues for the foreseeable future no matter how many fields we open up in this state … that really frustrates me,” he said.

Anti-mining group Lock the Gate is already threatening to campaign against any easing of restrictions, and is calling for a complete ban in the state.

“If the NSW government opens up the countryside again to unconventional gas and fracking, they know very well that it will be met with widespread community protest and resistance,” said Georgina Woods, Lock the Gate’s state co-ordinator.

“Better to make sensible laws that match the public’s expec­t­ations and protect farmland and water than cave in to gas industry pressure and face a popular ­backlash.”

The Baird government paid $25 million to buy back three ­exploration licenses from ­Metgasco late last year after the ­Supreme Court had found that ­licences granted by the previous Labor government had been ­improperly suspended. The move to a case-by-case assessment of gas projects in NSW was recommended by the Australian Competition & Consumer Com­mis­sion and endorsed by last week’s meeting of federal and state ­energy ministers.

NSW allows coal-seam gas projects in a small slice of the state focused on Narrabri, where Santos is hoping to develop a mine.

The development of that project could supply between one-quarter and one-half of the state’s gas needs, according to the Australian Petroleum Production & Exploration Association.

A Santos spokesman said the company was finalising environmental assessments for the Narrabri gas project, which it would submit to the government shortly.

Any change is likely to mean the government will make ­stringent assessments of the social, environmental and economic impact of potential projects and allow those that are deemed appropriate to be put to ­tender.

A more detailed strategy is ­expected to be released by Mr Roberts later this year…..

Australian Minister for the Environment and Energy Josh Frydenberg, media release, 19 August 2016:

COAG ENERGY MINISTERS AGREE TO SIGNIFICANT REFORM PACKAGE

The COAG Energy Council has agreed to significant reforms and a major new program of work to ensure the energy system remains affordable and reliable as we transition to a lower emissions future. Council focused on three key areas of reform: · Increasing liquidity and transparency in gas markets

· Empowering consumer choice

· Ensuring stability and connectivity of the National Electricity Market (NEM)

Significant reports on gas market reform from the Australian Competition and Consumer Commission (ACCC) and the Australian Energy Market Commission (AEMC) provided a strong evidence base and momentum for action. To fast track implementation of the recommendations from these reports Council will form a new Gas Market Reform Group headed by Dr Michael Vertigan.

These are the most significant reforms to the domestic gas market in two decades. Council recognised the growing importance of gas as a transition fuel as we move to incorporate more renewables into the system.

The reforms will improve competition, encourage more supply and put downward pressure on prices. Another key focus of the Council will ensure consumers can confidently take advantage of new technologies such as battery storage through the introduction of appropriate consumer protections.

Council acknowledged the important role played by interconnectors in the NEM and agreed to review regulatory settings to ensure they do not present barriers to appropriate investment in the current market environment.

Officials have also been asked to provide advice on economic and operational impacts of existing and proposed state and territory emissions reduction policies on the energy system.

This advice will inform the Council’s consideration of how to better integrate energy and emissions policy.

The Council has proved its ability to respond to current issues and I look forward to further engagement with my colleagues when we meet again in December to build on the progress made today.

Ends

* ROBERTS: “We’ll just back you…..people aren’t going to love us, they’re going to hate us….”

   FRYDENBERG: “Well I won’t say that in front of the T.V….”{laughing}

[via @AustralisTerry]

New Politics in the Pub, Court House Hotel in Mullumbimby, Wednesday 27 July 2016 from 6.30pm

Echo NetDaily, 20 July 2016:

NSW Council for Civil Liberties (CCL) president will be guest speaker at New Politics in the Pub on Wednesday July 27 from 6.30pm at the Court House Hotel in Mullumbimby.

The topic of discussion by president Stephen Blanks will be the recently introduced anti-protest laws by the Baird Liberal/Nationals government that radically extends police powers against opponents of mining projects and heavily fines those who ‘lock on’ to mining equipment.

It’s called Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 and only passed with votes from two crossbench parties: the Shooters and Fishers Party and Fred Nile’s Christian Democratic Party.

The law immediately sparked protests in front of parliament house, and has reverberated throughout the state.

It is also considered the result of the close relationship that exists between Liberal and National Party politicians, their staff and the mining industry.

If this law existed at the Bentley Blockade near Lismore in 2014, neighbouring farmers and residents could have been arrested as they ‘locked on’ to the equipment.

This was owing to the government’s inaction to intervene over the known toxicity that accompanies CSG mining, and its potential to poison aquifers. Land values are also known to plummet.

The laws have been described by lawyers and as an assault on democracy and a civil society.

According to The Law Society, the law would, ‘seriously interfere with the liberties of NSW residents.’…..

See:  INCLOSED LANDS, CRIMES AND LAW ENFORCEMENT LEGISLATION AMENDMENT (INTERFERENCE) ACT 2016 at 

http://www.austlii.edu.au/au/legis/nsw/consol_act/ilcalelaa2016658/

Meanwhile at state level in New South Wales.....

The gloves are off over Tweed Hospital funding…..

THEN

Gold Coast Bulletin

THE NSW Government has promised $48 million in funding for stages one and two of the $211 million Tweed Hospital redevelopment if re-elected next month.

NSW deputy premier Troy Grant, health minister Jillian Skinner and Tweed MP Geoff Provest made the announcement at Tweed Hospital this morning.

The Tweed Hospital has struggled to cope under the pressure of a growing population and a lack of beds with emergency department attendances up by nearly 10 per cent last year alone.

Plans for a redevelopment of the Tweed Hospital were approved in late 2013, however the Northern Rivers Health Board has made the redevelopment of both the Lismore and Byron Hospitals a priority before works start at Tweed.

Mrs Skinner said despite the issues facing the hospital, Tweed redevelopment remained the third priority in the region.

“This $48 million will redevelop the emergency department, increase the ward space and bed capacity as well as a new carpark,” she said.

NOW

Tweed Daily News:

4 May 2016

TWEED MP Geoff Provest is calling for greater Tweed representation on the Northern NSW Local Health District Board, saying this area is losing out to its counterparts in Lismore and Byron when it comes to hospital funding.

Mr Provest said "questions needed to be asked" over the NNSWLHD's handling of the Tweed Hospital upgrade, following revelations estimated costs of Stage One of the works had almost doubled from $48 million to $80m.

NSW Health Minister Jillian Skinner declined to comment on the blow-out but her office confirmed estimates for the 2016-2017 Budget would not be increased to meet the shortfall, despite pleas by the Tweed Medical Staff Council to fully fund the actual costings…..

4 May 2016

TWEED Hospital surgeons have been backed by the Australian Medical Association as the doctors brace themselves for the reality of another funding campaign.

Dr Stephen White said the Tweed Hospital urgently needed a redevelopment because patients were "pressured" to leave early after procedures for new admissions, a technique known in the industry as 'hot-bedding'.

"It wouldn't be unusual to have three people admitted into the same bed, on the same day, and I think that's extreme," Dr White said.

"People get told the day after surgery they have to go home and the reality is they can't."

Dr White criticised Northern NSW Health District's latest upgrade budgeting blunder, saying up to 30% of surgeons' work "was not recognised" or factored into their forward estimates because the patients were Queenslanders…..

24 May 2016

Shadow Health Minister and North Coast MP Walt Secord has challenged Tweed MP Geoff Provest to provide a timeline on the Tweed Hospital upgrade from NSW Health Minister Jillian Skinner.

Only $48 million is due to be released for stage one of the hospital’s upgrade in the June Budget, even through the figure is understood to be closer to $140m.

Mrs Skinner told ABC Radio on May 10 it was unfortunate the Northern Rivers Local Health District board had underestimated the funds required for stage one of the redevelopment but lessons had been learnt.

Mr Secord said the North Coast needed a statement from Mr Provest or Mrs Skinner “stating they are going to fully fund Tweed Hospital, with dates and deadlines”.

“Too often, the community has been tricked by weasel words from the Liberals and Nationals,” he said.

“We need these dates so we can track the progress and ensure that the upgrade is on track.”

25 May 2016

FIRST it was a weasel, now it’s a dim sim: a war of words has erupted between Tweed MP Geoff Provest and Shadow Health Minister Walt Secord over funding for the Tweed Hospital.

Mr Provest today quipped back at Mr Secord, also Labor’s MP for the North Coast, over his call for a definitive timeline on the Tweed Hospital upgrade, saying the request was just part of a dirty “smear campaign”.

Yesterday the shadow health minister said Mr Provest had used “weasel words” in dodging a formal commitment to fund the full cost of the hospital’s redevelopment, following a blow out in costs from $48m to an estimated $140m for Stage One of the project.

But Mr Provest retaliated, accusing Mr Secord of mounting a personal attack against him.

“I think he’s the king of smear,” Mr Provest retorted, referring to Mr Secord.

“He has no idea of what is actually happening at the Tweed Hospital.

“I can’t even remember the last time he visited here. He’s not met with the Tweed doctors and not had any communication with them.

“He went to Beijing and fell over on a dim sim, and now he’s back in parliament at Sydney, and just full of the smear that Labor is renowned for.”

But Mr Secord hit back, saying in fact, during the last parliamentary recess, he had been 1600km west of Shanghai in rural China when he tripped and broke his ankle and fibula.

“I am in a wheelchair, but this will not stop me from ensuring Tweed MP Geoff Provest delivers a full upgrade of Tweed Hospital,” he said

Dutch-owned super trawler Geelong Star 'vacuuming' the seas aroung 12 Mile Reef off Bermagui NSW

Courtesy of Australian Minister for the Environment, Liberal MP Greg Hunt, and an overly compliant NSW Minister for Primary Industries, Nationals MLC Niall Blair,  the Dutch-owned and operated super trawler Geelong Star is once more unsustainably harvesting NSW waters.

As small pelagic fishing grounds extend from the east coast of Tasmania and Victoria all the way up the New South Wales coast and into the waters of southern Queensland, the fact that the Abbott-Turnbull Government allowed this factory ship into Commonwealth waters when the former Labor Government had denied access to such super trawlers is something to consider between now and 2 July 2016.

Narooma News, 15 May 2016:

SPOTTED: Bermagui based commercial fisherman Jason Moyce spotted the Geelong Star working the bait grounds at 12-Mile Reef on the morning of Friday, May 13.

Moves to open more water to the controversial factory trawler Geelong Star don’t appear to have discouraged her from working grounds of Narooma and Bermagui.

The mid-water trawler appears to working off Bermagui right now in direct contravention to promises to keep away from the Canberra Yellowfin Tuna Tournament on this weekend. 

Bermagui-based commercial fisherman Jason Moyce spotted the Geelong Star working the bait grounds at 12-Mile Reef on the morning of Friday, May 13. 

Mr Moyce posted a photo of the trawler on social media commenting: “Doing its fourth lap of the 12... Doing 1-mile shots and then winching up! Smashing it!”.

The vessel is working the productive grounds off Bermagui on the day before the Canberra Yellowfin Tuna Tournament begins, contrary to the Small Pelagic Fishing Industry Association’s promise to keep away from game fishing tournaments.

And the continued focus of the trawler on the bait grounds off Bermagui and Narooma is raising concerns among game fishermen worried about localised depletion of fish stocks and also the economic impact of the vessel on local small towns reliant on game fishing……

Baird Government creates arbitrary laws constraining the innocent as well as the allegedly guilty citizen

The Crimes (Serious Crime Prevention Orders) Bill 2016 (NSW) (the Bill) is an extraordinary and unprecedented piece of legislation with grave implications for the rule of law and individual freedoms in New South Wales.

The Bill was announced on 22 March 2016 by the Deputy Premier and Minister for Justice and Police the Honourable Troy Grant MP, joined by New South Wales Police Commissioner, Andrew Scipione.

Notice of motion for the Bill and its second reading in the Legislative Assembly occurred on the same day…..

the Bill creates a very real danger of arbitrary and excessive interference with the liberty of many thousands of New South Wales citizens. The powers to interfere in the liberty and privacy of persons, and in freedoms of movement, expression and communication, and assembly are extraordinarily broad and unprecedented, and are not subject to any substantial legal constraints or appropriate judicial oversight….. [A submission of the New South Wales Bar Association, 13 April 2016]

the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 (NSW) (the Bill) has serious implications for the rule of law and individual freedoms in New South Wales.

vii. in relation to a long duration PSO, there is no upper limit on the duration of the order; viii. in many cases, a person the subject of an order a will have no means of knowing the basis upon which a senior police officer has reached the satisfaction required by s 87R - in accordance with clause 87T(4), a statement of the reasons for making or varying a PSO must not contain information that would result in the disclosure of a criminal intelligence report or other criminal information held in relation to a person;

ix. there is no right of appeal to the Supreme Court in relation to a PSO which is not a long duration PSO. In the case of an appeal against a long duration PSO, the non-disclosure of criminal intelligence and other criminal information held in relation to the person, and the hearing of argument in the absence of the person and their representative (unless the Commissioner approves otherwise) is likely to render the right to appeal practically meaningless;

x. clause 87ZA creates a criminal offence of contravening a PSO carrying a maximum penalty of imprisonment for 5 years, and in contrast to 32 of the Serious and Organised Crime (Control) Act 2008 (SA), there is no defence of reasonable excuse for being within or entering a specified area; (b) there has been no public debate about the Bill, and no case made as to why such broad and far-reaching powers should be conferred on the police;….. [A submission of the New South Wales Bar Association, 2 April 2016]

On 4 May 2016 the NSW Parliament passed the Crimes (Serious Crime Prevention Orders) Bill 2016 without amendment.

On the same day it passed the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016, again without amendment.

Text of the Crimes (Serious Crime Prevention Orders) Bill 2016 can be found here and text for the Criminal Legislation Amendment (Organised Crime and Public Safety) Bill 2016 here.

A look at this further curtailing of the rights of citizens residing in New South Wales.......

Sydney Criminal Lawyers, 3 April 2016:

The government is proposing new laws which would empower senior police officers – without permission from a court – to issue “public safety orders” banning individuals who police claim are a “risk to public safety” from attending specified public places for 72 hours.

Police cannot presently do this without a court order…..

There are concerns that police will use these new powers to target individuals who don’t ‘tow the government line’; such as leaders of protest groups and other outspoken individuals – preventing them from attending demonstrations and rallies.

The Guardian, 14 April 2016:

New police powers that could see citizens in New South Wales face bans on their employment, restrictions on movement and curfews without ever having committed an offence would set up a “rival criminal justice system” and should be scrapped, the New South Wales Bar Association has warned.

The NSW government has sought to introduce new powers called serious crime prevention orders.

The bill would give police similar powers to those they have to seek and impose control orders on terrorism suspects – but they could be applied to all citizens in NSW who are alleged to have some proximity or involvement to a serious crime, without a person ever being found guilty of an offence.

They would allow orders to be made on any citizen restricting their movement, who they associate with, who they work for and whether they can access the internet.

Even when a person is acquitted of a criminal offence police could still seek such an order.

The penalty for breaching an order could be up to five years’ imprisonment or a $33,000 fine for an individual, or $165,000 for a corporation.

In a scathing submission the NSW Bar Association criticised the government’s limited consultation with legal groups and its attempt to rush the bill through NSW parliament.

“No evidence has been cited as to the ineffectiveness of the administration of criminal justice by a process of trial for ‘reducing serious and organised crime’ in New South Wales,” the submission said.

“The bill effectively sets up a rival to the criminal trial system and interferes unacceptably in the fundamental human rights and freedoms of citizens of NSW.”

It said the government had failed to explain why the powers should be expanded in a manner “so contradictory to long-settled principles concerning the adjudication of criminal guilt by a fair trial”.

The police minister, Troy Grant, has said that the measures would provide law enforcement agencies with a more effective means of reducing serious and organised crime by targeting business dealings and restricting suspects’ behaviour.

Under the new provisions, the NSW police, the NSW Crime Commission and the NSW director of public prosecutions could seek orders from a judge, who must be satisfied there are “reasonable grounds” it would protect the public by restricting or preventing serious crime-related activity.

But the bar association said it was unclear why the laws were needed. While they could be applied to individuals who had been convicted of a serious criminal offence, they would also be applicable to behaviour that was considered “serious crime-related activity” without an offence needing to be proven.

The orders could also be sought on the basis of hearsay and other forms of tendency evidence that would normally be inadmissible in a normal criminal trial.

The bar association warned that the laws posed an unacceptable interference with citizens; right to freedom of expression, association and privacy. They also noted that the orders were of “doubtful constitutional validity”……

The Guardian, 7 May 2016:

Legal Aid NSW will review its policies to consider when and how Australians who face controversial new crime prevention orders will be eligible for legal assistance.

On Wednesday, a bill passed by the New South Wales upper house granted police powers to create serious crime prevention and public safety orders.....

Because the police powers are so novel and are considered to be civil, rather than criminal, they don’t fall neatly into Legal’s Aid’s existing sets of guidelines for when they will provide legal aid.

Legal Aid NSW has separate criteria for criminal and civil matters and in what circumstances it can provide legal assistance for them.

While the powers have not yet come into effect, a spokeswoman for Legal Aid NSW confirmed that it was considering how cases would be dealt with.

“Legal Aid NSW will be reviewing its policies to determine how matters brought under this bill should be dealt with,” she said.

“Any changes to policies would have to be approved by the board.

“If a matter arises before this has happened, the CEO can exercise discretion to determine applications on a case by case basis.”......

The Redfern Legal Centre warned that the new powers would essentially remove equality before the law.

A look at those the Liberal-Nationals Coalition labels "eco-terrorists"

https://youtu.be/lD9ArZTg8RQ

NSW Minister for Industry, Resources and Energy Anthony Roberts,  media release, 7 March 2016:

NEW LAWS PROTECT WORKERS AND COMMUNITIES FROM ILLEGAL PROTESTS The NSW Government today announced legislation will be introduced to the NSW Parliament to increase enforcement powers with respect to illegal protests. The Inclosed Lands, Crimes and Law Enforcement Amendment (Interference) Bill 2016 delivers on the NSW Government’s commitment to ensure that the right to peaceful protest is balanced with the need to ensure public safety, the safety of workers, the protection of communities and lawful business activity. Minister for Industry, Resources and Energy, Anthony Roberts, said the reforms enable Police to take a more proactive approach to managing and prosecuting illegal activity. “The NSW Government makes clear its support for the right to legal protests conducted in accordance with the Summary Offences Act 1988,” Mr Roberts said. “However unlawful activities put the safety of protesters and workers at risk and are costly for businesses and the public. “Communities also suffer, with the deployment of Police resources reducing the capacity to respond to critical incidents.” Key reforms include:

* Creating the offence of ‘aggravated unlawful entry on inclosed lands’, with a maximum penalty of $5,500 under the Inclosed Lands Protection Act 1901, including amendments relating to illegal protests which occur on mine sites;

* Extending the meaning of ‘mine’ to include petroleum workplaces, in connection with the existing indictable offence of intentionally or recklessly interfering with a mine under the Crimes Act 1900;

* Additional search and seizure powers for Police to deal with people who intend to ‘lock-on’ to equipment or structures for the purpose of interfering with a business or undertaking, and that is likely to be used in a way that poses a serious risk to the safety of any person, under the Law Enforcement (Powers and Responsibilities) Act 2002; and

* Removing limitations to allow Police to give directions in public places to prevent obstructions of persons or traffic for a demonstration, protest, procession or organised assembly under the Law Enforcement (Powers and Responsibilities) Act 2002. For more information visit: www.resourcesandenergy.nsw.gov.au.

The departmental website was not so coy as Minister Roberts:

What are the maximum penalties?

The maximum penalty for the aggravated offence will be $5,500. It will apply in relation to land on which a business or undertaking is being conducted and where the offenders, while on the lands, interfere with, or attempt or intend to interfere with, the conduct of the business or undertaking or do anything that gives rise to a serious risk to the safety of the person or any other person on those lands.

The Bill amends the Crimes Act 1900 to extend the meaning of ‘mine’ in connection with the existing indictable offence of intentionally or recklessly interfering with a mine. This carries a maximum penalty of imprisonment of seven years. [my red bolding]

This bill was passed by both houses of the NSW Parliament on 15 March 2016.

NSW Northern Rivers communities are watching these draconian measures with interest and, I suspect, a firm resolve to stand their ground in any future disputes over inappropriate or environmentally devastating mining or other development proposals.