Senate finds Attorney-General Brandis sought to undermine rule of law in Australia

Australian Senate, Legal and Constitutional Affairs References Committee, Inquiry into the  Nature and scope of the consultations prior to the making of the Legal Services Amendment (Solicitor-General Opinions) Direction 2016, 8 November 2016 – majority view:

4.9 It is the committee's view that the Attorney-General has sought to undermine the rule of law in Australia by failing to adequately consult the Solicitor-General and constraining the independence of the Solicitor-General….

4.27 The committee makes the following recommendations:

Recommendation 1 

4.28 That the Senate disallow the amendment to the Direction or the Attorney-General withdraw it immediately, and that the Guidance Note be revised accordingly.

Recommendation 2 

4.29 That the Attorney-General provide, within three sitting days, an explanation to the Senate responding to the matters raised in this report.

Recommendation 3 

4.30 That the Senate censure the Attorney-General for misleading the parliament and failing to discharge his duties as Attorney-General appropriately.

Full report here.

America begins to imagine Trump as US president

The Boston Globe, 9 April 2016:

The GOP must stop Trump

PDF: A front page in Trump’s America

DONALD J. TRUMP’S VISION for the future of our nation is as deeply disturbing as it is profoundly un-American.

It is easy to find historical antecedents. The rise of demagogic strongmen is an all too common phenomenon on our small planet. And what marks each of those dark episodes is a failure to fathom where a leader’s vision leads, to carry rhetoric to its logical conclusion. The satirical front page of this section attempts to do just that, to envision what America looks like with Trump in the White House.

It is an exercise in taking a man at his word. And his vision of America promises to be as appalling in real life as it is in black and white on the page. It is a vision that demands an active and engaged opposition. It requires an opposition as focused on denying Trump the White House as the candidate is flippant and reckless about securing it…..

That’s not a pretty picture. But then nothing about the billionaire real estate developer’s quest for the nation’s highest office has been pretty. He winks and nods at political violence at his rallies. He says he wants to “open up” libel laws to punish critics in the news media and calls them “scum.” He promised to shut out an entire class of immigrants and visitors to the United States on the sole basis of their religion.

The toxic mix of violent intimidation, hostility to criticism, and explicit scapegoating of minorities shows a political movement is taking hold in America. If Trump were a politician running such a campaign in a foreign country right now, the US State Department would probably be condemning him.....

Read the rest of the article here.

Another step down the path to fascism in Abbott's Australia

In Abbott’s Australia indirect government control of media and investigative journalists - through fear of arrest, trial and gaol sentence – is becoming entrenched through federal legislation.

The Guardian 27 April 2015:

Journalists who report on serious wrongdoing by Australian intelligence officers may still face prosecution under new national security laws, according to the commonwealth director of public prosecutions (CDPP).

Australia’s acting independent national security legislation monitor, Roger Gyles QC, is considering the impact of a new section inserted into the Asio Act in 2014 – section 35P – which would criminalise disclosure of information that relates to a “special intelligence operation”.

Gyles was scheduled to hold hearings on Monday as part of his inquiry into the laws, which were passed by the federal parliament with Labor’s support in 2014.

The new section has sparked concerns among news organisations, human rights groups and some opposition politicians. Journalists and whistleblowers may face jail for up to 10 years if they breach the disclosure offence.

There is no public interest consideration or defence that would allow a journalist to report on intelligence matters. But for a prosecution to be initiated by the CDPP, a public interest test must still be applied. The federal government relied in part on this check to reassure journalists who were critical of the new laws.

Unusually, the CDPP outlines two hypothetical scenarios that reporters might be placed in to consider whether it would proceed with a prosecution in a submission to Gyles’s inquiry.

In one scenario a journalist receives information about “serious wrongdoing by a commonwealth officer in the course of a special intelligence operation”. The journalist contacts Asio, which refuses to confirm or deny whether a special intelligence operation is under way, and eventually the journalist publishes the information.

While the CDPP indicates the public interest considerations would not favour a prosecution, it indicates that it might still consider the possibility.

“This scenario may well be one in which the public interest considerations either favour no prosecution taking place, or are ‘finely balanced’. As stated above the matters that will be taken into account in assessing whether or not a prosecution is in the public interest will be different in every matter,” the CDPP submission said.

The admission is likely to raise further concerns about the potential chilling effect the disclosure laws could have on the media.

ABC The Drum 17 March 2015:

The Coalition's push to save and search all of our metadata for at least two years will have a chilling effect on press freedom.

Journalists' sources will be compromised by metadata collection. Without the ability to interact with confidential sources without the government finding out, journalists may as well give the game away.

Even with the yet-unseen government amendments proposed yesterday, after negotiations with the Opposition, Australia is going in the opposite direction of our two closest allies the United States and the UK.

Requiring a warrant before searching journalists' metadata sounds like a modicum of protection. The public discussion around it indicates it will just be a "tick and flick" approach and won't give journalists or media organisations the right to argue their case.

The warrants will be obtained in secret and media organisations will be none the wiser.

A distressingly familiar list in Abbott's Australia

Australian Prime Minister Anthony John 'Tony' Abbott 

So far in Abbott's Australia thirteen of the fourteen signs of fascism have become obvious elements in the national government's interaction with citizens and/or in the formation of government policies.

Fourteen Signs of Fascism*

1. Powerful and Continuing Nationalism—Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays. 

2. Disdain for the Recognition of Human Rights—Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need".  The people tend to 'look the other way' or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc. 

3. Identification of Enemies/Scapegoats as a Unifying Cause—The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial, ethnic or religious minorities; liberals; communists; socialists, terrorists, etc. 

4. Supremacy of the Military—Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized. 

5. Rampant Sexism—The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Opposition to abortion is high, as is homophobia and anti-gay legislation and national policy. 

6. Controlled Mass Media—Sometimes the media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or through sympathetic media spokespeople and executives. Censorship, especially in wartime, is very common. 

7. Obsession with National Security—Fear is used as a motivational tool by the government over the masses. 

8. Religion and Government are Intertwined—Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions. 

9. Corporate Power is Protected—The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite. 

10. Labour Power is Suppressed—Because the organizing power of labour is the only real threat to a fascist government, labour unions are either eliminated entirely or are severely suppressed. 

11. Disdain for Intellectuals and the Arts—Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free-expression in the arts is openly attacked, and governments often refuse to fund the arts.

12. Obsession with Crime and Punishment—Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses, and even forego civil liberties, in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.

13. Rampant Cronyism and Corruption—Fascist regimes are almost always governed by groups of friends and associates who appoint each other to government positions, and who use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.

14. Fraudulent Elections—Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against (or even the assassination of) opposition candidates, the use of legislation to control voting numbers or political district boundaries, and the manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.

* Attributed to Dr. Lawrence Britt, a name which is possibly a pseudonym

* Photographs found at Google Images

Tony Abbott's Blue Screen Of Death

Are you satisfied with your violent handiwork, Mr. Abbott?

Australian Prime Minister Tony Abbott. Illustration: Sturt Krygsman

Just a few examples of where your one-eyed, far-right, über Christian politics is taking us, Prime Minister…..

The Hoopla 19 September 2014:

There’s a hashtag doing the rounds on Twitter – #wearascarfday – urging people to don a scarf in support of Australia’s Muslims. There’s a perception – and not just amongst well-meaning lefties – that life is about to become very difficult for our Muslim community…..

 for the Muslim community, the majority of which is peaceful and happy to be a member of Tony Abbott’s “Team Australia”, the raids and the rhetoric around them are not so easy to accept.

Many Muslims see themselves as unwanted, viewed with suspicion, the enemy. They see their kids, especially the males, being singled out and watched, along with ridiculously simplistic and offensive media reports about their communities and their way of life and protests about the intended building of mosques as well as arguments mounted by ignorant politicians (well, one in particular) about the need to ban the burqa.

Fear creates intolerance and since 9/11 Muslims have lived with this.

Yet still, when genuinely frightening evidence is offered of a genuinely frightening threat to innocent people, as it was during yesterdays dramatic raids, people ask why young Australian Muslims are so angry they gravitate towards a militant cult masquerading as a religious movement and claiming to be a state. What they don’t do, is tell themselves that the number of these angry young men is very small and that the vast majority of Muslims are peacefully living in the Australian community, as productive and aspirational as the next non-Muslim family.

Nor do they accept that being Muslim, even in largely tolerant Australia, can be a gruelling life experience.  

http://theantibogan.wordpress.com/ 20 September 2014:

The Australian 20 September 2014:

Sunshine Coast Daily 20 September:

At one point police were booed as they ordered a protester to get down from a stage as he spoke of beheadings and his fears over a mosque.

Protesters questioned what happened to freedom of speech in Australia.

The crowd cheered as supporters lifted the man onto their shoulders so he could continue speaking.

Among those protesting the mosque were One Nation, Christian bikie gangs, opponents of halal meat certification as well as representatives from some local churches.

The Sydney Morning Herald 21 September 2014:

The Cairns Post 21 September 2014:

Mareeba mayor Tom Gilmore said the mosque had been part of the community since the 1950s and labelled the incident “entirely unacceptable”.

“I don’t think it’s ever been defaced before,” he said.

Cr Gilmore said a large group of “highly respected” Muslims had lived in the community since the 1920s.

The Courier Mail 21 September 2014:

DESPITE pleas for calm from the Queensland Premier and senior police, Muslims – particularly women – have been targeted in a series of hate attacks.
The Sunday Mail can reveal Muslim women are being singled out, including one victim who had coffee thrown in her face while she was stopped at traffic lights south of Brisbane.
The woman said a man in a car pulled up beside her and callously doused her in coffee before driving off along Beenleigh Rd.
“I was terrified,’’ she said. “I feel unsafe. I feel like a stranger in my own country.”
Other Muslim women have been abused and threatened, with one told to take off her headscarf – or hijab – at West End by a man who wanted to burn it.
The women did not want to be identified, and all believe they are “collateral damage” from recent police anti-terrorism raids which have fuelled fear and suspicion across the nation.
Sarah, 30, said she’d been waiting outside a shop in Logan Rd at Underwood with a 12-year-old girl when insults were hurled at her by a man riding past on a pushbike.
“He yelled f--- jihad, f--- off, go back home you c--- and continued to verbally abuse us,’’ she said.
In the next 20 minutes she was abused twice by other men. “It’s quite frightening to hear such vile language and hatred. I was fearful,’’ she said.
Stacey, 27, said she had copped offensive insults online.
“I’m a seventh generation Australian,’’ she said. “My family are as Australian as you can get and I’m scared.”

ABC News 24 September 2014:

Sunshine Coast Daily 24 September 2014:

A CATHOLIC priest has been criticised by some of his own parishioners for his attempts to douse the fires between protesters for and against a mosque in Maroochydore.

Father Joe Duffy, the Maroochydore Parish priest, wrote a letter to the Daily apologising for the "absurd and offensive demonstration" last Saturday outside the Stella Maris Church.

But his heartfelt letter didn't strike a happy chord with some members of his church.

Father Duffy said he had received a letter from one parishioner warning he was inciting further "beheadings" and "chopping nuns' breasts off".

New Matilda 24 September 2014:

As images of the raids are beamed across Australia, far right groups are hoping for a return of the violence against Muslims seen during the Cronulla riots, writes Andy Fleming.

Last week’s police raids on properties in Brisbane and Sydney, reportedly the largest “anti-terror” raids in Australian history, have given anti-Muslim activists in Australia an enormous boost. Understood as representing dramatic confirmation of the threat posed to Australia by Islam, the raids also placed Islamophobic groups in the spotlight, chief among them the Australian Defence League (ADL).
Speaking on ABC’s Q&A on Monday night, one Muslim woman reported having received death and rape threats from members of the ADL….

Sunshine Coast Daily 25 September 2014:

Brisbane Times 25 September 2014:

The Australian Tea Party 25 August 2014:

The Guardian 26 September 2014:

An Islamic school in Sydney’s south-west was targeted by a man wielding a knife.

Police were searching for the man who reportedly entered Al-Faisal college in Minto just after 2pm on Thursday, asked if it was a “Muslim school” and threatened a female teacher and student with a knife.

Primary school students hid under their desks while those from the high school were gathered in a prayer hall as the school went into lockdown, one mother said.

The mother, who did not wish to be named, said she was greeted by a swarm of police when arriving to pick up her children.

“I am still pretty much in shock,” the mother said. “I am keeping my younger two [children] home tomorrow. One doesn’t want to go back there.”

Although most schools are on holidays, classes there finish on Friday and students get an extra week’s holidays later in the year, she said.....

The Daily Telegraph 26 September 2014:

A 19-YEAR-OLD man wrongly identified by Fairfax Media as terrorism suspect Numan Haider says he fears leaving his house.

ABU Bakar Alam, 19, a Year 12 student who works part-time at a fast food restaurant, said the ordeal has turned his life upside down.

"I'm really scared," he told SBS Radio.

"I can't go anywhere. I haven't been out all day. I can't do work, I've cancelled my shift. I don't know when I'll be back at school and work.

"I've had such a good name as a student, as a worker. It's a terrible thing to happen."

Mr Alam said his grandfather moved to Australia from Afghanistan but returned to help rebuild the war-torn nation. He died in a suicide bombing in 2006.

"We came here to have a better life, better future and not be known as terrorists," he said.

Mr Alam said he was shocked, then angered, that Fairfax Media had incorrectly identified him as the man shot dead following an altercation with anti-terror police outside Endeavour Hills police station on Tuesday.

"I told my dad and my whole family was really angry, upset for accusing my family, for the bad image which we've never had."…

The Sydney Morning Herald 26 September 2014:

A member of the Australian Defence Force who told police he was attacked by two men of Middle Eastern appearance outside his north-western Sydney home has now withdrawn his complaint.

NSW Police issued a statement on Friday announcing the "allegation of assault has now been withdrawn".

"NSW Police will continue to examine the circumstances that led to the allegation being brought to their attention," the statement said.

The 41-year-old man told police he was threatened and assaulted by two men while wearing his full uniform at Bella Vista at 6.30am on Thursday.

The man, who suffered minor bruising, reported the matter to police and then attended Kings Cross police station in person later on Thursday.

He described his attackers as being of Middle Eastern appearance.

Defence force chief Air Chief Marshal Mark Binskin apologised for the incident.

"On behalf of the Australian Defence Force, I would like to apologise to the Australian community and in particular the Middle Eastern community for any angst this has caused," he told reporters in Canberra.

The Guardian  26 September 2014:

New South Wales police have been moved to reassure Australians that text messages claiming members of Islamic State (Isis) are knocking on people’s doors and marking Christian houses are a hoax, as concerns grow about the threat the extremist group poses.

The text message states: “There are members if Isis going door knocking on homes. They greet you with ‘Salam Alaykom’, and then pretend they are trying to collect money for orphans. They come with a black folder and ask you if you want to donate. I have just had one approach me at home just 2 hours ago. Please - do NOT Talk to them or open for them.”

The message, which references areas in the south-west suburbs of Sydney, exhorts people to “spread the word” and apparently convinced enough people for the police to feel compelled to tell them that there was no truth in it. In a tweet on Friday, the police included a picture of the offending text message with “FALSE” written in bold red letters across it. An accompanying message said: “Don’t be fooled by social media myths exploiting the current political climate.”

In all this Prime Minister Abbott is ably supported by Federal Government senators and MHRs, all of whom became complicit via their parliamentray vote and many by their public silence as the politically-inspired Coalition scare campaign rolls on, and as I write I'm looking straight at you Nationals MP for Page Kevin Hogan.

Prime Minister Tony Abbott seeks to extinguish universal right to free speech and political communication - makes it an offence for Commonwealth public servants to be publicly critical of him in their private capacity

Apparently in the bible according to Tony Abbott, free speech and a right to political communication are things that will be available to journalists and shockjocks such as Andrew Bolt, Alan Jones and Ray Hadley - as well as to an assorted collection of wingnuts and racists across the nation.

However, a public service employee loses those rights even outside of working hours in their private capacity.

The first rule in Abbott's new world order is: Do not criticize Tony Abbott.

The Sunday Telegraph 6 April 2014:

PUBLIC servants will be urged to ­dob in colleagues posting political criticism of the Abbott government on social media, even if the comments are anonymous, under new Department of Prime Minister and Cabinet guidelines.

The sweeping new rules will even cover ­public servants posting political comments anonymously, including mummy bloggers on parenting websites, if a colleague knew their online identity.

The new policy clearly states it covers the use of social media in an official and unofficial ­capacity, whether for professional or personal use. If public servants are found to have ­breached the ­Australian Public Service Code of Conduct they could be sacked. Colleagues will also be encouraged to dob in each other.

"If an employee becomes aware of another employee who is engaging in conduct that may breach this policy, there is an expectation that the employee will report the conduct to the ­department,'' the policy states.

"This means that if you receive or become aware of a social media communication by another PM & C employee that is not consistent with this policy, you should advise that person accordingly and inform your supervisor."

Blogger and former public servant Greg Jericho, whose online identity as Grog's Gamut was unmasked by The Australian four years ago, said he was stunned by the policy.

At the time, the Department of Prime Minister and Cabinet PM and C ruled his own posts did not breach public service guidelines.

"This is so intrusive," Mr Jericho said.

"It is further evidence that the public service is scared of social media rather than seeing it as an opportunity to broaden the understanding of public policy, including correcting misinformation.'' he said…..

The new rules include a specific case study illustrating why public servants are not to criticise Prime Minister Tony Abbott stating being "critical or highly critical of the Department, the Minister or the Prime Minister'' on social media could prompt sanctions.

Breaches include "harsh or extreme in their criticism of the Government, Government policies, a member of parliament from another political party, or their respective policies, that they could raise questions about the employee's capacity to work professionally, efficiently or impartially."

There are also sanctions for "gratuitous personal attack that might reasonably be perceived to be connected with their employment."

The crackdown on social media posts covers posts on Facebook, Twitter, YouTube, Pinterest, Flickr, blogs, forums and Wikipedia.

This is the legislated code of conduct Tony Abbott wants to expand via regulations:

COMMONWEALTH PUBLIC SERVICE ACT 1999

13  The APS Code of Conduct

             (1)  An APS employee must behave honestly and with integrity in connection with APS employment.

             (2)  An APS employee must act with care and diligence in connection with APS employment.

             (3)  An APS employee, when acting in connection with APS employment, must treat everyone with respect and courtesy, and without harassment.

             (4)  An APS employee, when acting in connection with APS employment, must comply with all applicable Australian laws. For this purpose, Australian law means:

                     (a)  any Act (including this Act), or any instrument made under an Act; or

                     (b)  any law of a State or Territory, including any instrument made under such a law.

             (5)  An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.

             (6)  An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.

             (7)  An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.

             (8)  An APS employee must use Commonwealth resources in a proper manner.

             (9)  An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.

           (10)  An APS employee must not make improper use of:

                     (a)  inside information; or

                     (b)  the employee's duties, status, power or authority;

in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.

           (11)  An APS employee must at all times behave in a way that upholds:

                     (a)  the APS Values and APS Employment Principles; and

                     (b)  the integrity and good reputation of the employee's Agency and the APS.

           (12)  An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.

           (13)  An APS employee must comply with any other conduct requirement that is prescribed by the regulations.

See Public Service Regulations 1999