One blogger's reaction to what the mainstream media are not saying about the O'Farrell resignation

Blogger Victoria Rollison in The Australian  Independent Media Network, 16 April 2014:

Today the media have presented their preferred frame for the resignation of Barry O’Farrell as: he mistakenly lied to an ICAC enquiry because he forgot that he received a $3,000 bottle of wine from the CEO of Australian Water Holdings. But of course O’Farrell didn’t resign because of his problems with ‘memory’. He resigned because he could no longer deny a personal expensive-wine-recipient, hand-written-note-receiver, phone-call-taker-relationship with someone who was earning over a million dollars a year as CEO of a company in a public-private partnership with the government Barry O’Farrell was in charge of up until today. This information is completely absent from the media’s framing of this story. But just imagine for a moment if one part of this story was different. Imagine for a moment that Barry O’Farrell was a Labor Premier. Imagine if Tony Abbott, standing by O’Farrell and brawling with a journalist asking questions about corruption, was a Labor Prime Minister. The ‘chaos, scandal, dysfunction, smear’ machine works in overdrive for Labor stories, but can’t even get out of second gear when Liberals are involved.

Independent Commission Against Corruption claims Liberal NSW Premier O'Farrell's scalp

NSW Premier and Liberal Party MP Barry O’Farrell denied receiving a $3,000 bottle of Penfold's Grange Hermitage wine on or about 20 April 2011, from long-time Liberal Party member and then Australian Water Holdings CEO Nick Di Girolamo.

He did not declare this gift in either his ministerial or member’s declarations of pecuniary interests.

Further, in evidence before the NSW Independent Commission Against Corruption (ICAC) on 15 April 2014 O’Farrell could not recall many details of his official or private contact with Di Giolamo.

Then this made its appearance reportedly courtesy of Mr. Di Girolamo:

 The Telegraph 15 April 2014

Subsequently Barry O’Farrell announced his intention to resign as premier.

UPDATE

Courier billing document listing Australian Water Holdings' Gift to Barry O'Farrell & Wife:

This way lies O'Farrell madness

South East Forest National Park

This national park is a place that protects old-growth forests,

rugged granite formations and picturesque valleys and gorges.

Koalas, powerful owls and giant burrowing frogs are among the
threatened species protected within a park which also shelters
the state’s only known populations of endangered long-footed potoroos.

 

ABC News on 14^th March 2013:

There are concerns that motorists on the New South Wales south coast could be in the firing line under the State Government's plan to allow hunting in national parks.

The Greens have obtained a leaked document showing an area of the South East Forests National Park which straddles the Princes Highway has been designated "zone C".

This would mean unsupervised hunting would be allowed in that part of the park.

In the risk assessment document, parks workers raise concerns that the two-kilometre stretch of highway included within the zone is used daily by school buses, locals, tourists and tradespeople.

Greens MP David Shoebridge says the area lies just five kilometres north of the town of Merimbula.

"All the hunting was meant to be away from residential areas and the unsupervised parts, these so-called remote zone C parts of the national parks, were meant to be in the deepest, darkest parts of New South Wales," Mr Shoebridge said.

"But here we've got it right next to a township, right next to the busiest arterial road on the south coast which thousands of holiday makers and school kids use on a daily basis.

The document says park workers are also concerned about a mentally ill local resident who "tends to appear out of the bush without warning".

"The dangers are obvious to everyone apart from the Government," Mr Shoebridge said_____

Metgasco's CEO bags the NSW Premier and again distorts the history of community concerns relating to the coal seam gas industry

 

Metgasco’s CEO Peter Henderson must be laughing up his sleeve at the mainstream media when it fails yet again to challenge his more outrageous distortions concerning community opposition to coal seam gas exploration and mining.

 

On 21 February 2013 ABC North Coast Radio broadcast this interview in which he baldly states that; “The coal seam gas industry has been operating in Australia now producing gas for more than sixteen years. Until Gasland [a documentary film] came along there was never squeak of concern.”

 

So no community in Australia was worried about coal seam gas until a film was shown at the US Sundance Film Festival in January 2010 and then released into Australian cinemas on 18 November that same year?

 

Unfortunately for Mr. Henderson’s attempts to create an alternative history, this was published in January 2005; COAL BED METHANE HAZARDS IN NEW SOUTH WALES by a NSW Central Coast action group established circa 2004 with this aim:

Our most precious resource is water. Our mission is to guarantee its integrity, and prevent loss of groundwater and contamination of surface water from methane gas mining.

And the Hunter-Bulga Gas Action Group Inc. was in active in March 2007 offering to organise free legal advice for landowners.

While the Caroona Coal Action Group was alive and well before the documentary film was first screened and, the group had this posted on its website on 4 July 2009:

 

Rosemary Nankivell highlights dangers of CSM in this Northern Daily Leader article July 09. Environmental Hazards.

Methane gas exploration and extraction has caused irreparable environmental, social and economic damage across the world. This report shows how gas exploration destroys fresh water supplies slowly but surely and how much of the geological understanding claimed by gas companies is actually guess work. The same will happen to us if we don’t stop it now. Here's what's already happened at Narrabri (p.11-13)

A project operated by Sydney Gas was stopped by ‘people power’ in the Yarramalong and Dooralong Valleys because of scientific concerns coal seam gas (CSG) extraction would ruin drinking water and agricultural supplies for the Central Coast. An executive summary of their concerns is here...

they are the same concerns we have on the Liverpool Plains. [Full report here]…..

Gas extraction will damage our own water supplies and those feeding into the Murray Darling Basin:-
• by contaminating town water supplies, aquifers and stock bores
• by extracting water with gas lowering the water tables
• by creating vast quantities of waste water
• by exploring along the stressed Hunter-Mooki fault systems……

 

By 22 October 2009 the ABC television program Catalyst canvassed concerns:

 

NARRATION
It’s not surprising that here, on the fertile soils at the top of the Murray-Darling basin, farmers are sensitive about salinity.

IAN HAYLLOR
Now we’re seeing these gas companies bringing up millions of tonnes of salts, storing it on the surface, and the government hasn’t got a plan for it. It’s just … oh we’ll put it in storage and we’ll bury it and forget about it. Well salt doesn’t go away. It’s there forever……

Our concern for the future is the impact of the coal seam gas extraction is taking water out below our aquifer and you know some hydrologists are saying there’s a link between our aquifer and the coal aquifer. Um, the mining companies and the government are saying there’s not. Um, you know, who do you believe?

 

Concerns about coal seam gas were so well-known that on 7 December 2009 The Sydney Morning Herald reported:

 

And now there is a new complication: regulatory costs related to environmental issues. Until recently, the CSG industry was seen as an environmentally friendly energy, but farmers and environmental campaigners are concerned about the potential damage to waterways and crop land and the impact of the disposal of salt produced during the CSG extraction process.

Until recently, the water extracted during the coal seam gas process was pumped into ponds, where it would evaporate. But this technique was recently frowned on by the Queensland Government because it was creating ponds of salt.

This has forced companies including Santos to search for alternative solutions.

A report released on Friday following a Senate inquiry into the impact of CSG in the country's most important agricultural area, the Murray-Darling Basin, links CSG with Australia's most sensitive environmental subject, water.

After receiving numerous submissions from environmental groups highlighting concerns, the report recommends as a matter of priority, and preferably before the release of future mineral exploration licences, that state governments establish regional water plans in areas potentially subject to mining or extractive industry operations.

 

Perhaps NSW Premier Barry O’Farrell should keep in mind this company's loose relationship with fact if and when Metgasco meets with him. He might also like to note that Mr. Henderson thinks he and his Cabinet have been making policy on the run made in half hour or an hour.

Balfastards All!

People of the NSW Northern Rivers don't need any extra words to go with this pic - it shows BALFASTARDS ALL! 

The 'alleged' defamation that NSW Premier Barry O'Farrell is now trying to spin

 

Premier O'Farrell appears to believe that saying "alleged" absolved him of all blame in this report by ABC News 2 February 2013:

 

Mr McCardle is demanding an apology from Mr O'Farrell and says his client will take him to court for defamation if he does not.

But Mr O'Farrell says he does not see any need to apologise.

"I hasten to explain to Mr McCardle, who is a lawyer, that I did use the word allegations," he told Macquarie Radio.

"I didn't prejudge the allegations."

 

The Premier’s original statements

 

Snapshot from The National Times article Thomson's lawyer demands O'Farrell withdraw comments 1 February 2013:

 

 

"I think Mr Thomson and his lawyer need to calm down a bit - after all, the allegations surrounding Craig Thomson is that he was all too ready to take his clothes off in front of strangers in exchange for money."

 

And at 4.17 minutes into this YouTube video when he had to quickly bite his tongue just before "in front of strangers" in an effort to avoid mention of money:

 

 

http://youtu.be/8Gj6trSfuo0

 

O'Farrell has been very silent since NSW Police had to admit that its statment to the media concerning the need to publicly arrest Federal Independent MP Craig Thomson at his electoral office had been incorrect.

 

Tweeting Barry O'Farrell

no_filter_Yamba ‏@no_filter_Yamba

Please explain why names all NSW Cabinet ministers freely available but not names ministers who sit on Cabinet sub-committees@barryofarrell

This is one tweet NSW Premier Barry O'Farrell is sure to ignore, given it comes from Clarence Valley in the NSW state electorate of Clarence.

An electorate O'Farrell is attempting to keep in the dark about ongoing public service job cuts and, won't tell the media who is sitting on a committee which is allegedly looking to remedy this dismal situation as it plays out in Grafton.

Most unbelievable headline of the year

NSW gets tough on CSG industry

Updated: 14:35, Saturday June 23, 2012

When NSW Government funding decisions cost lives

This article by Jessica Grewall in The Daily Examiner on 18 June 2012 deserves a gold star:

Playing with people's lives

IT WAS 7am, the platform was wet and slippery and when the doors to my first western suburbs Sydney train opened, the only free seat was covered in spilled coffee.
The two women standing nearby warned me we were in for track work delays so I opened the morning paper, took a deep breath and thought "life in the big city could take some getting used to".
It was 4pm that day, in a different part of the state, when a car travelling along a wet and slippery stretch of the Pacific Hwy north of Coffs Harbour, spun out of control and changed the lives of the family inside forever.
As I cursed the hour-long train trip home, a 10-month-old baby boy was pulled from the highway wreck and flown to hospital in a critical condition.
While I was enjoying a night out with friends the next night, that little boy died.
It would be ridiculous to compare the frustration I had felt getting to work late on that cold autumn morning with unimaginable grief those parents live with every day.
And yet, the politicians in this country who have the power to dramatically reduce the possibility of other parents facing the same horror, have decided taxpayers' money is better spent making my trip to work that little bit more comfortable.
The Coalition's cry that they did not have the funds to match the Federal Government's offer to fund half of the Pacific Highway duplication is disgraceful.
What about the $5.5billion set aside in this week's NSW Budget for Sydney's transport network?
The people using public transport in Sydney are not dying from sitting in overcrowded or slow trains.
Waiting another four years won't kill them.
It could kill Sydney votes though and the majority of people living along the most deadly road stretch in Northern NSW live in cosy National seats.
In the lead-up to last week's budget, "honour" was a word which was thrown around freely by State and Federal MP's.
Both governments called on each other to "honour" election promises and funding split agreements.
There is nothing honourable about playing with people's lives.
The only way to honour the families of those whose deaths could have been avoided is for the people who have failed them to fix the damned road.

Bazza gets it in the neck from Anne the Voter

One voter from somewhere outside Sydney gets all shouty on NSW Premier Barry O’Farrell’s official Facebook page on Friday 15^th June 2012:

Anne Taylor

Mr O'Farrell

Your Government is doing nothing to help the most Vulnerable in our Community being Tenants in Public Housing.

Tenants who live in a Separate House have to pay for a Full Water Bill compared to Private Renters who only pay the for the Excess Water they use. There is No Concession and you don't even get The Actual Water Bill from Sydney Water to show you how much a Tenant has actually Used ! Instead Tenants rely on The Department Of Housing to tell them as there is No Proof at all, which means Dept. Of Housing could make any figure up !
I am sure Mr O'Farrell you would want proof of a Bill if you paid for it ?????
Tenants are living in Public Housing because they can not afford Private Rental But they are paying higher Water Costs than Private Renters ! Maybe your Minister Prue Goward should be aware of all this !!!

Now your going to put Rents up again ! Because The Federal Government will give people/Families some extra money to help with the Carbon Tax. One Department gives it out and you guys take it Back !!! Your Party Is a Disgrace !!

You are just keep taking money away all the time from the Battlers instead of giving them some extra help. Why don't you cut some of your Bureaucrats to help cut Costs. There are plenty of them not doing their Jobs properly !

I have a Daughter with Down Syndrome and a large Beautiful Family to look after and Like others have enough on my plate, worrying about the cost of living going up, Bills and now The Electricity ! Without you guys Stressing Tenants all the time and just " Money Grabbing" at whatever you can get !!

Wake Up To Yourselves ! Mr O'Farrell Remember TENANTS VOTE AS WELL and a lot are NOT HAPPY as some were also Effected by your Stupid Education Minister who Stuffed up the Special Needs Transport for Kids with Disabilities getting to School.

Another Slap In The Face By Your Government to the Most Vulnerable !! I am sure yourself and other Politicians would not like Cut Backs on your Big Fat Pensions when you all leave your Posts !
What goes around, Comes around Mr O'Farrell and when the next Election Comes, myself and a lot of others will be giving your Party the Pea Beu fly spray to FLICK Off !! !!

Barry O'Farrell robs around 1,400 pensioners living in the Page electorate

Saffin calls on O’Farrell Government to stop slugging pensioners

Page MP Janelle Saffin has slammed the O’Farrell Government for taking part of the Federal Government’s recent pension increase away from public housing tenants.

Premier O’Farrell has announced a hike in public housing rents from March next year.

Ms Saffin said the NSW Government is using Labor’s pension increase as an excuse to hit public housing tenants.

“This cash grab will affect about 1400 public housing tenants in Page.

“The Federal Labor Government is delivering a boost for pensioners to help them make ends meet, but Barry O’Farrell wants to take a slice of it for himself.

“Local pensioners are sick and tired of seeing the NSW Government hit pensioners every time the Federal Labor Government gives them a bit of extra support.

“All pensioners in Page have received a lump sum payment from the Federal Government in recent weeks of $250 for singles and $380 for couples. From next March they will get a permanent boost to their regular payments.

“But Barry O’Farrell’s decision means a maximum rate single pensioner in public housing will be paying an extra $84.50 in rent a year.

“Federal Labor is delivering the pension increase as a separate, stand-alone supplement. The accepted practise is to leave pension supplements alone when public housing rents are calculated.

“In 2009 when the Australian Labor Government brought in the biggest ever increase to the pension, I lobbied the then State government to quarantine the increase from public housing rent rises,” Ms Saffin said.

“Barry O’Farrell has betrayed local pensioners.”

June 15, 2012

Media contact:  Lee Duncan 0448 158 150

Robin Hood O'Farrell, giving to the rich and taking from the poor

NSW Legislative Assembly Hansard 14 June 2012:

Mr ROBERT FUROLO:……Today we face a new challenge. The decision of this heartless Government to use the Federal Government's carbon price payment to calculate the rent of public housing tenants is reprehensible. To attack the most vulnerable, the most disadvantaged, the elderly, the sick and the frail and to take their payment designed to offset the impacts of carbon pricing is just plain wrong. What makes this worse is that at the same time as the O'Farrell Liberal Government is hitting the most vulnerable with increased rent for public housing pensioners and families it is cutting the rent for jetties and pontoons for millionaires and their waterfront homes. That is right: hit the pensioners in public housing with a rent increase and cut rent for millionaires in waterfront properties. What kind of topsy-turvy world is this? What does that say about the Government's values? [my emphasis]

NSW national park rangers will refuse to co-operate with Premier O'Farrell and his elephant killing political ally

National Park rangers reject recreational hunting in parks

01 June 2012

The NSW Public Service Association, which represents park rangers, has directed its members not to assist with any activity involved with establishing recreational hunting in national parks in NSW

Members will also be asked to withhold information and their expert advice from Minister for the Environment Robyn Parker and other members of the NSW Coalition Government.

General Secretary John Cahill said the good work and safety of NSW National Parks staff would be placed at risk by the State Government's backroom deal for hunting in parks

"Recreational shooting of pest animals in National Parks is an unproven, untested, expensive and unsafe activity, Mr Cahill said today.

"Opening the gate for recreational hunting in 79 national parks and other conservation areas in NSW poses a serious risk to the safety of park rangers, visitors, wildlife and the environment.

"Our park rangers should not have to work in fear for their own safety. Our members have expressed serious concerns about the danger to themselves and the community when shooting is allowed in bushland popular with walkers and picnickers.

"Our member have been working very hard to control and manage feral animals in parks.
Recreational shooting will compromise the professional and scientifically proven feral animal control programs run by national parks staff, placing native plants and animals at risk.

"This move is another shot across the bow of our national parks, with the Shooters and other vested interest groups clamouring for greater access at the expense of the environment and the people who look after them.

"Industrial action like this is not a decision we take lightly but we simply cannot let the State Government's compromise of our National Parks to go ahead," Mr Cahill said.

Members' Industrial Bulletin at PSA Bulletin for OEH Members - Recreational Hunting Bans

Contact Details
John Cahill, General Secretary
Ph: 02 9220 0900
psa@psa.asn.au

Oi, Barry O'Fibba! Keep those bloody guns out of our national parks, state conservation areas and nature reserves!

Fair dinkum – why is it that everyone who gains control of New South Wales turns into a power hungry, greedy nong of the first water?

O’Farrell, Stoner & Co. are all set to open our national parks, state conservation areas and nature reserves to recreational shooters.

Giving open slather to those very same eejits who upset the working dogs, scare the sheep, put holes in the water tank and don’t understand what line of sight is so there is a crazy crack in the kitchen window right where the wife was washing up at the time {and yes, all those things did happen}.

And now Premier O’Fibba backs out of an election promise and intends to let them loose amid both protected wildlife and tourists who are the life blood of many NSW North Coast towns and villages.

To make matters worse – he’s put Environment Minister Robyn Parker in charge. The minister who turns a blind eye on local illegal logging and antimony contamination of a major river.
Yes siree, these shooters are going to be well policed aren’t they?
And Mr. Gulaptis, I noticed your vote to stall debate on this big blunder.

Here’s what most people polled by Granny Herald think of that idea, Bazza.

So if you live on the NSW North Coast don’t go anywhere near at least 6 local areas marked out for shooters, including Yabbra, Richmond Range, Nightcap, Dorrigo, Gibraltar, Barrington Tops national parks, state conservation areas and nature reserves.

It won’t be bloody safe. Even if do you try using one of those useless North Coast Nats MPs as a body shield.

This is the man who heads the political party in the NSW Upper House that O'Fibba and his cronies are pandering to:

"The Shooters and Fishers are currently led by Robert Borsak, a self-styled “big game” hunter who, among other things, has paid the Zimbabwean dictator Robert Mugabe thousands of dollars to shoot elephants in the wild, particularly those with mature ivory tusks. They are protected species elsewhere."

There's a good chance this elephant in the photo was a young female.

O'Farrell apes K-K-Keneally according to Buckingham

MEDIA RELEASE 24 November 2011
The Greens NSW spokesperson on mining Jeremy Buckingham has condemned the O’Farrell Government’s move to cancel this week’s Private Members Business sitting day as a cynical manoeuvre to avoid a vote on the Coal Seam Gas Moratorium Bill.
The Coal Seam Gas Moratorium Bill was next in the order of business due to be debated on Friday morning, the last sitting day of the year.
“Last year Barry O’Farrell condemned Kristina Keneally for her decision to prorogue Parliament in an attempt to avoid scrutiny on the electricity privatisation, yet now he has canned the last sitting day of the year to avoid a vote on the Coal Seam Gas Moratorium Bill,” said Greens MP Jeremy Buckingham.
“With the ban on fracking expiring on December 31, it will be back to full speed for the coal seam gas industry over summer because the O’Farrell government was too gutless to debate the merits of a moratorium or vote on it.
“Regardless of the government’s procedural tricks, the coal seam gas industry has not earned a social licence to operate and the community will use direct action, such as the Spring Ridge blockade, if they try to roll out.
Contact: Max Phillips – 0419 444 916

Not the sort of reaction Premier O'Farrell and What's-iz-Name expected

Poor old Hapless Gulaptis can’t take a trick. The biggest political heavy he could draw into his campaign to win the Clarence election and this is fairly indicative of the media response on the day of the visit - barely concealed laughter.

Jules Faber in The Daily Examiner 4th Novemeber 2011

Premier laughs off gaffe by Rodney Stevens on 4th November 2011

“AFTER spelling his candidate's name wrong on a twitter post about visiting Grafton, NSW Premier Barry O'Farrell walked the streets of the Jacaranda city yesterday showing his support for Chris "Galuptis".

Almost two hours after arriving at Mr Gulaptis' Prince St campaign office dressed in a tie, after soaking up Jacaranda Thursday celebrations, Mr O'Farrell held a press conference, sans tie at Market Square.

Mr O'Farrell laughed off the spelling gaffe, saying it was probably auto-correct that resulted in Mr Gulaptis' name being spelt wrong...”

Comments

By blind-freddie from Iluka on 4/11/2011 at 8:03AM

O'Farrell's 'slip of the lip' makes me wonder if he sees his colleague-to-be as a bit of a galloper- and on a heavy track, stuck in mud, being harshly ridden, under the whip, only worth a long shot bet, a bit spavined, running for second place, heading for the glue factory, or even a touch of Fine Cotton. Or is the race fixed, a done deal, a one horse race, with only the gallop down the home strait needed for victory.

When even your fearless leader can't get your name right.....

barryofarrell Barry O'Farrell

off to catch a flight to Grafton to support The Nationals' Chris Galuptis in this Clarence month's by-election

Oi Bazza! It’s Gulaptis. G*U*L*A*P*T*I*S

Or as many locals like to fondly call him; Halpless Gulaptis, Galapagos, Gulapticus, Gulapaduck, Gall-aptis, Batman or Chris Corruptus.

# A chapeau lift to Clarencegirl for sending me this tweet.

Will NSW Premier O'Farrell protect local government investment in NSW North Coast sustainable urban water infrastructure?

 

From A Clarence Valley Protest on 18 July 2011:

There are ninety kilometres (90 km) of underground pipelines linking the Nymboida River with the Shannon Creek Dam in the Clarence Valley, the Rushforth Road Reservoir at South Grafton and the Karangi Dam near Coffs Harbour.  The combined value of this infrastructure to Clarence Valley and Coffs Harbour local government has been estimated at $200 million.

On 18 July 2011 The Coffs Coast Advocate reported Coffs Harbour City Cr. Mark Graham as stating:

…he had inspected a site on Wild Cattle Creek where Anchor Resources was exploring for antimony and there were already large plumes of antimony which could leach into Wild Cattle Creek and into the Nymboida River.

“There is a massive plume washing from the exploration site into the headwaters of our drinking water catchment,… There is a great need to protect the catchment of the regional water supply and our collective investment of about $200 million"

If these plumes are as reported, then the China Shandong Jinshunda Group Co Ltd through its Australian mining exploration arm, Anchor Resources Ltd, is placing local government investment, an urban water supply (which supports an estimated 3 million residents and visitors/tourists each quarter across Clarence Valley-Coffs Harbour regions) and, a high-value natural environment, at risk even before antimony mining and processing has begun.

According to a report commissioned by Clarence Valley Council in 2008; On average, domestic overnight visitors spent $118 per night, International overnight visitors spent $76 per night and domestic day trippers spent $80 per trip.

Will NSW Premier Barry O’Farrell and Minister for Resources and Energy Chris Hartcher ignore potential risks to the interests of Northern Rivers and Mid-North Coast communities in order to facilitate the interests of this international mining corporation?

O'Farrell Government dons its jackboots and strides forth

The O’Farrell Government seems intent on striding across the News South Wales landscape with the destructive intent of a blitzkrieg aktion and this time its blind rage against the notion of a fair go and an egalitarian society is directed at around 400,000 public sector workers.

This NSW government intends to reserve the sole right to itself of setting wages and conditions in this sector:

Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 [Member with Carriage: Pearce, Gregory Notice of Motion: Tue 24 May 2011 Introduced: Tue 24 May 2011 First Reading: Tue 24 May 2011 Ministers 2R Speech: Tue 24 May 2011]

146C Commission to give effect to certain aspects of government policy on public sector employment

(1) The Commission must, when making or varying any award or order, give effect to any policy on conditions of employment of public sector employees:

(a) that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Commission, and

(b) that applies to the matter to which the award or order relates.

(2) Any such regulation may declare a policy by setting out the policy in the regulation or by adopting a policy set out in a relevant document referred to in the regulation.

(3) An award or order of the Commission does not have effect to the extent that it is inconsistent with the obligation of the Commission under this section.

(4) This section extends to appeals or references to the Full Bench of the Commission.

(5) This section does not apply to the Commission in Court Session.

(6) This section extends to proceedings that are pending in the Commission on the commencement of this section. A regulation made under this section extends to proceedings that are pending in the Commission on the commencement of the regulation, unless the regulation otherwise provides.

(7) This section has effect despite section 10 or 146 or any other provision of this or any other Act.

The novel O'Farrell approach to the solar bonus scheme leaves this blogger cold

So the O'Farrell Government wants to abandon the principles of contractual law in relation to the Solar Bonus Scheme and introduce retrospective legislation to make its clawback superficially legal – all on the basis that it drastically needs to rein in the state's budget outlays due to massive black holes.

However, all is not as Premier O'Farrell would have us believe.
Besides ignoring the fact that the Solar Bonus Scheme take-up rate indicates that NSW was well on its way to meeting its obligations in relation to a particular national climate change target, it is closing-off the scheme in preference to making the energy industry adequately pay for renewable energy they receive from this source and, are misrepresenting the state of the economy to achieve its aims.

Firstly, NSW Government finances and the lies told.

Analysis and Advice on the Details of the "Report on Variance between Mid Year(December 2010) and March 2011 Update" prepared for the NSW Premier and Treasurer by the acting Secretary to the NSW Treasury, Michael Lambert, and Analysis and Advice on Claims in the Associated Media Release of 27 April 2011,"Black Hole Blows Out Further" by the NSW Premier, The Hon Barry O'Farrell states:

Moreover, the size of the accumulated budget deficit from 2010‐11 to 2014‐15, $4,384 million, even if it were to eventuate, would not itself imperil the state's finances or its AAA credit rating. That accumulated deficit estimate is less than 75 basis points of the revenues and expenses for the five years. And the government should be aware that, even if it took no remedial action, further parameter changes which will inevitably arise in the coming months and years will as likely improve the budget outlook as weaken it. Moreover, the general government's current net debt and unfunded superannuation level is about $8 billion below the level which might lead to a review of the AAA credit rating and there are few sub‐sovereign entities outside of Australia which enjoy a AAA credit rating……
A claim is also made that the "failure to take the additional budget impact of the Solar Bonus Scheme into account could only have occurred if Treasury advice on the scheme's impact was not sought or simply ignored". This is a speculative conclusion and the alternatives offered are not the only feasible options……
During the preparation of this briefing, the Energy Minister, the Hon Chris Hartcher, announced that the Solar Bonus Scheme had been placed on hold pending legislation to close the Scheme to new applicants……
The media release offers other claims of "gross economic incompetence". Insofar as fiscal policy is concerned, the state's AAA status does not support this claim. A fear that the budget deficit "could grow even further" is merely an assertion made without evidence. A claim that "Labor had 'cooked the books' to distort the true state of NSW's finances" is not supported either by the report issued by Mr Lambert or by this Office's examination of available data.

Secondly, the NSW Coalition's history of supporting a residential solar power scheme.

This is Google's cache of http://www.barryofarrell.com.au/protect-our-local-environment/the-nsw-liberals-nationals-will-introduce-a-renewable-energy-buy-back-scheme.html. It is a snapshot of the page as it appeared on 10 May 2011 04:35:50 GMT. This page no longer appears directly on the O'Farrell website.The following clearly shows that the NSW Liberal Party and O'Farrell supported a solar bonus scheme.

Effective action on environmental issues requires sensible policies that deliver practical and real improvements.

The NSW Liberals & Nationals will introduce market mechanisms that will encourage people to use renewable energy.

We will introduce a renewable energy buy-back scheme – sometimes known as a feed-in tariff.

The scheme will:

be a credit or payment to households, institutions or businesses for the renewable power they produce. This will include small-scale solar power from household rooftops; and

encourage households to make decisions that save energy bills over the medium term.

The NSW Liberals & Nationals policy for a gross feed-in tariff was first announced in October 2008. The Labor Government mimicked the policy when it adopted a Solar Bonus Scheme in November 2009 for small solar photovoltaic installations.

Despite this, the government has excluded many renewable and innovative energy sources, as well as involvement from many commercial energy users who are best positioned to take up decentralised generation.

It is estimated that if 5,000 households take advantage of the scheme, the reduction in greenhouse gas emissions is the equivalent of taking 16,250 cars off the road.

Decentralised generation can reduce demand for costly generation and transmission infrastructure, and can reduce the peak price of electricity.

The NSW Liberal & Nationals policy will ensure that NSW leads Australia in establishing a decentralised energy sector, by honouring the State Government's current commitments and improving the scheme to make it more effective. A comprehensive scheme could cut NSW's emissions by around 1 per cent per annum.

Thirdly, IPART's position on the existing Solar Bonus Scheme and electricity retailers.

From the Independent Pricing and Regulatory Tribunal Electricity Draft Report April 2011:

The current gross rate of 20 c/kWh is lower than the price that some customers are paying for electricity....
The Solar Bonus Scheme is currently structured so that retailers receive a financial benefit. This is because although they earn revenue from customers for gross consumption, they pay the market operator, AEMO, on a net consumption basis (that is after netting off energy supplied by the solar panels). The NSW Government’s proposed Solar Summit aims to identify opportunities for reducing the costs of the Solar Bonus Scheme. One option for achieving this aim is for Government to require retailers to transfer some of the financial benefit they receive under the scheme to distributors (who pay the feed in tariff to the customer).
This would reduce the amount of funds required to be recovered from customers, or foregone by taxpayers, to pay for the scheme.
We note that the other gross feed in tariff scheme in Australia, the ACT Scheme, requires retailers to contribute 6c/kWh towards the cost of the scheme.
We recommend that the NSW Government, as part of its Solar Summit, consider requiring retailers to contribute to the cost of the gross feed in tariff, whether or not it terminates the current scheme......

Finally, this.

This is Google's cache of http://www.nsw.liberal.org.au/policies/cost-of-living/plan-for-an-affordable-and-sustainable-energy-industry.html. It is a snapshot of the page as it appeared on 16 May 2011 02:01:02 GMT. In which O'Farrell seems to admit that he intends not only dipping into the pockets of residential suppliers of renewable energy and but into state funds as well.

"We will also ensure that households do not have to pay for Labor's failed solar scheme by redirecting uncommitted funds from the NSW Climate Change Fund to cover the cost of the Labor's failed NSW Solar Bonus Scheme," Mr O'Farrell said.