Will all working women in Australia ever achieve equal pay?

Most Australians appear to understand that gender-based discrimination against women is a fact of life females of all ages have to cope with at some point in their lives - often at multiple points in their lives.

This poll gives a clear indication of the level of community awareness of this issue.

Essential Report, Sexism and Discrimination Against Women, 5 December 2017:

A majority of respondents think there is a lot or some sexism in the media (64%), politics (60%), advertising (60%), workplaces (57%) and sport (56%).

Women were more likely than men to think there is a lot or some sexism in all areas – but especially in workplaces (women 67%, men 46%) and politics (70%/49%).

There has been some small changes in these figures since this question was asked in January last year – sexism in workplaces has dropped 4%, in the media up 6%, in sport down 4% and in schools up 8%. However, there has been more significant change in the differences between men and women on some issues. On sexism in the workplace the gap between perceptions of men and women has increased from 12% to 21%.

Despite society knowing that gender-based discrimination against women exists, institutions put in place by government to allegedly mitigate inequality and ensure fairness still manage to entrench such discrimination.

The shorter version of the observations and conclusions set out below is that if you are a female worker on minimum wage working in an industry sector which employs significantly more women than men, then you still cannot reliably look to either the private sector or the Liberal-Nationals version of the Fair Work Commission for the equal pay first promised by the Conciliation and Arbitration Commission in 1972.

Excerpt from Barbara Broadway & Richard Wilkinson, Melbourne University (October 2017), Probing the effects of the Australian system of minimum wages on the gender wage gap, pp.3-4:

In Australia, minimum wages are binding for a large part of the labour market: in 2014, 24% of all employees were paid the applicable minimum wage. Based on the above studies, one would therefore expect minimum wages in Australia to reduce the gender wage gap substantially. However, somewhat unusually, the Australian labour market contains many different minimum wages arising from industry and occupation-based ‘awards’ made by an industrial court. These awards specify legally binding minimum rates of pay, which vary considerably across occupations and industries, applying not only to the low-pay sector of the labour market, but to occupations of all levels, including high-skilled, high-paid jobs such as airline pilots, university professors and medical practitioners.¹ The effects of these many minimums will therefore depend, in quite complex ways, on how men and women are distributed across occupations and industries and how minimums are distributed across occupations and industries.

The industrial court does not set different wages for men and women. However, it could, in principle, produce a gender wage gap by setting lower minimum wages in occupations and industries in which women are relatively more concentrated. A gender wage gap caused by legally set minimum wages could therefore be greater than or less than the gender wage gap created by market wages.

Indeed, the raw median gender wage gap among full-time employees in Australia is, at 18%, in the middle range of all OECD countries (Figure 1)², providing a hint that the minimum wage system does not reduce the gender wage gap as much as might be expected given the high proportion of employees that are paid the applicable minimum wage. This is reinforced by the finding that the raw mean gender wage gap among full-time employees is approximately 20% (and indeed the gap has persisted at this level since the early 1990s (ABS 2016), despite relative growth in female educational attainment and work experience)…….

We therefore doubt that the observed job-femaleness penalty is actually derived from compensating differentials determined by the Fair Work Commission. Rather, what seems more likely is that the award-wage decisions have been influenced by observed “typical” wages in industries and occupations, and male-dominated fields have benefited from a long history of strong unionisation that led to higher average wages.

In any case, irrespective of whether non-skill-related differences in award wages are justified by other job characteristics, what is clear is that the gender wage gap among minimum-wage employees is greater than it would be were award wages neutral with respect to the gender composition of jobs.

Indeed, the gender wage gap within the award system would probably be negative if minimum wages depended only on the skill requirements of jobs, since the observed human capital of female minimum-wage employees is on average greater than the observed human capital of male minimum-wage employees…..

Comparing mean wages of award-reliant men and women shows there is indeed a gender pay gap among award-reliant employees, although it is considerably smaller than among non-award-reliant employees. The mean wage is $20.74 for men and $18.63 for women, corresponding to a mean gender pay gap of approximately 10%, compared to 19% among non-award employees.

1 These minimum wages are, however, less likely to be binding in high-paid occupations, where greater proportions of employees receive a salary that is above the applicable award rate.

2 Note that the OECD estimates are not entirely comparable across all countries because of differences in the way the median gender gap is calculated. For example, the wages variable may be measured over an hourly, weekly, monthly or annual time-frame. Figure 1 nonetheless provides reasonable indicative information on where Australia fits relative to other OECD countries.

VOICES THE BEREJIKLIAN GOVERNMENT DOESN'T WANT TO HEAR: comment on NSW Ministers Pavey & Constance's not so brilliant idea to invite cruise ships into the Clarence River Estuary

Northern Rivers voices telling it like it is.......

Facebook, No Mega Port Yamba, 15 November 2017:

Victoria Paine Dear Councillors,

I wish to express my deep concern and OBJECTION to the proposal that the Port of Yamba be designated a cruise ship destination and/ the creation of a cruise ship terminal.

My primary concerns are environmental. The self evident environmental damage cannot be justified by monetary gain.

In addition, I am concerned re the reduction on local amenity and negative impact on the quality of life of the community and on local ground based tourism which relies heavily on the integrity of the natural environment.

I urge you to strongly oppose this damaging proposal.

Yours faithfully,

Dr Victoria Paine

MBBS. MPH. BA. FRACGP.

Angourie.

The Daily Examiner, 29 November 2017, p.10:

Yamba port not in ship-shape condition

I would like to thank Valley Watch for keeping the people of the Clarence informed. After visiting their stall at the Yamba River Market this week, I am greatly concerned regarding the lack of public knowledge of the 4200 tonne cruise ship which will be docking in Yamba in October 2018.

Did you know about this cruise ship? I didn’t.

However on September 24, 2017 the NSW Government announced a plan to investigate constructing international cruise terminals in Yamba and Coffs Harbour.

This is part of the government’s launch of the Future Transport 2056 Strategy. Ms Pavey’s office announced: “In October 2018, the Cruise Ship Caledonian Sky plans to stop off at Yamba as part of the Australian Coastal Odyssey.”

There have been a few indications over the years of there being a Port in Yamba; it was even mentioned in the Yamba Survey a couple of years ago. If Yamba’s economy is going to increase by this ship docking in Yamba, think again. There is hardly time for a swim. Please have a look at the itinerary for the holiday makers’ short stay in the Clarence (www.noble-caledonia.co.uk)

The most important question I ask myself is what happens in rough weather? If we think back to the Island Trader, how many times was it forced to stay off shore due to inclement weather?

This cruise liner is eight times heavier than the Island Trader. What guarantee is there that this vessel will not harm the protected Dirrangun Reef? Have the Yaegl people been consulted? Once the reef is damaged, the damage is forever. I wonder if this has been considered or conveniently forgotten.

Yamba Community including the Yaegl people, Clarence Valley Council and the Chamber of Commerce all need to be in consultation before permission is given to allow such a vessel to come into Yamba waters.

The consequences of allowing this vessel into Yamba waters could be catastrophic.

Ilma Hynson, Yamba

The Daily Examiner, 23 November 2017, p.11:

No fortune from hop off, hop on cruise

Sorry to tell you, Ray (Hunt), that the proposed cruise ship visit in October 2018 will not introduce much money or employment to Yamba (Ship Size 21/11).

According to its own itinerary, Caledonian Star will land passengers after breakfast on board before a trip to Iluka Rainforest or YambaMuseum and then back on board for lunch before heading south.

Not many fortunes to be made there!

Gary Whale, Yamba

Facebook:

PE Barclay Tourists come to Yamba because its beaches are natural and so is the river.
Tourism is what keeps Yamba alive.
When we go messing with nature to allow cruise ships in to Yamba we have to calculate to what benefit is it to Yamba if the passengers eat and sleep on the boats and don't spend much locally.
Yamba is unique because of its natural environment and if we take that away what do we have left?
Coffs Harbour is already commercialised and cruise ships would be better to go there.

 November 23 at 1:47pm

Greg Clancy The Clarence Estuary will never be a cruise ship port without major damage being done to the estuary as it just isn't suitable as it now stands. Yes I am scared of what damage might be done if the proposal gets legs. I don't have a problem with the current level of boat/ship activity although even with the limited commercial operations of the past we ended up with Fire Ants at the Goodwood Island wharf. There are real bio-security issues as well as ecological issues. The sands and mudflats of the Estuary provide habitat for many species of migratory shorebirds that migrate here from the northern hemisphere. Australia has signed a number of international treaties to protect them and their habitat. Water from the bilge can carry exotic organisms that could ruin local fisheries, both professional and amateur. Do I need to go on?

 November 23 at 2:32pm

The Daily Examiner, 28 November 2017, p.9:

Crusing around facts

It is simply not true that “You can already cruise into Yamba” (D.Ex 24.11.2017).

The Google search attributed to Councillor Ellem is clearly dated “9th October 2018”.

I think Yambaites would have noticed a 90 metre long, 15 metre wide cruise ship 
coming into port!

We can argue about the merits of such a visit, but facts are stubborn things.

Gary Whale, Yamba

The Daily Examiner, 5 December 2017, p.9:

Community input

The Berejiklian Government in Sydney tells us that its “Future Transport 2056 Strategy and Plans have been created with input from the community since the program began in 2016. So far, we’ve engaged with over 40,000 people across the State in face-to-face and digital consultations”.

Allegedly towards that end the NSW Dept. of Transport had a “React Future Transport 2056” van in Grafton for the day on November 27.

I hopped on a bus and went to Grafton to visit the van because the “Draft Future Transport 2056 Strategy” documents had only two dot points mentioning maritime infrastructure development/ cruise terminal in Coffs Harbour/Yamba and I wanted to find out more, as this draft strategy is scheduled to become a final document in 2018.

I told one of the staff manning this van that I had read in the local newspapers about the van and asked if they could tell me what it was all about.

In response the staff member informed me that the government was going all around the state asking people what they felt they needed when it came to transport – not just for years far into the future but for smaller time frames like 10 years. That they weren’t just looking at what trains and buses were available, but they were also looking at roads, cycle ways and even air travel.

I was then asked if I wanted to give my opinion on what I felt the area needed.

What was strikingly absent from the conversation thus far was any mention of what else was in that draft document which might be thought very relevant to the Clarence Valley – the plan to make the Port of Yamba an official cruise ship destination and possibly build a cruise ship terminal in the Clarence River estuary.

So I introduced that particular topic into the discussion and this is what I found out:

1. There was no information available on the government’s proposal for a cruise ship terminal other than those two brief dot points;

2. The “React Future Transport 2056” van would continue to travel around the state but it was never coming to Yamba;

3. There was no timeline for when investigation of a cruise terminal in the estuary would begin; and

4. The communities of Yamba and Iluka would only be consulted when a site for the cruise terminal was being considered and that this community consultation would probably occur as a part of the Environmental Impact Statement process.

The Berejiklian Government obviously has no intention of opening a face-to-face dialogue with communities living within the Clarence River estuary or at the mouth of the river before plans for the Port of Yamba become set government policy and, will probably avoid any meeting with Yaegl traditional owners for just as long if Ministers Pavey and Constance think they can get away with such a blatant snub.

After all the government has already had discussions with the people it thinks matter – it spoke with representatives of the international cruise ship industry in the first half of last year.

Judith M. Melville, Yamba

Recent voices:

Friday, 1 December 2017 Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba

Friday, 24 November 2017 Another local speaking out against the cruise ship industry coming to the Clarence River estuary

Monday, 13 November 2017 Is the NSW Berejiklian Government cruising for a bruising on the Clarence River?

U.S. court directs four American tobacco companies to publicly set the record straight on the dangers of their products

World Health Organisation (WHO), Statement, 29 November 2017:

GENEVA - In major victories for tobacco control efforts, four U.S. tobacco companies are publishing court-ordered “corrective statements” to set the record straight on the dangers of their products, while a major French bank has announced it will divest its interests in the tobacco industry.

Dr Douglas Bettcher, Director of WHO’s Prevention on Noncommunicable diseases department, says these moves reinforce to the world the need for accelerated action to protect people from tobacco.

“The tobacco control community has been saying for decades that tobacco kills, is addictive and that its manufacturers have known this, while profiting from the suffering of millions of their customers,” says Dr Bettcher. “But by being ordered by the courts to issue these corrective statements in American newspapers and on TV stations, the industry itself has been forced to come clean and acknowledge once and for all that its tobacco products kill.”

The publication of the corrective statements, which started 26 November 2017, follows a lawsuit filed by the U.S. Justice Department in 1999 under the Federal Racketeer Influenced and Corrupt Organizations law. The Federal Court first ordered tobacco companies to implement these corrective statement adverts in 2006, but years of tobacco industry appeals blocked their publication.

But last month, a U.S. court directed that four American companies, Philip Morris USA, R.J. Reynolds Tobacco, Lorillard and Altria, publish the corrective statements on the health effects of tobacco use, second-hand smoke, the false sale and advertising of low tar and light cigarettes as less harmful than regular cigarettes, that smoking and nicotine are highly addictive, and that they have designed cigarettes to enhance the delivery of nicotine.

The statements, appearing in advertisements paid for by the tobacco industry, were ordered to appear in more than 50 U.S. newspapers, as well as on American television stations.

Also, on 24 November, French bank BNP Paribas announced that it would stop its financing and investment activities related to tobacco companies, including producers, wholesalers and traders.

In its announcement, the bank acknowledged the efforts by WHO, and the focus of the WHO Framework Convention on Tobacco Control (WHO FCTC), to ensure people have access to the highest standard of health and “the importance of measures regarding the reduction of demand and supply in order to meet this objective.”

BNP is the latest financial institution to declare it is ending its association with the tobacco industry, including Axa SA and the Bank of New Zealand.

“The message we must take from all this is that the industry cannot be trusted, not now, and not in the future when it tries to market new products as less harmful, like heat not burn, and by funding new organizations that purport to be working for a smoke-free world,” says Dr Bettcher.

The admissions by the U.S. tobacco companies that its products kill and are designed for addiction should strengthen national tobacco control efforts, including implementation by governments of commitments in the WHO FCTC.

To assist in country-level implementation of the WHO FCTC, WHO has introduced the MPOWER package of technical measures and resources, each of which reflects one or more of the demand reduction provisions of the Convention.

These include monitoring tobacco use and the impact of prevention policies; protecting people from tobacco smoke by introducing smoke-free public and workplaces; offering people help to quit tobacco use; warning about the dangers of tobacco use, including by implementing graphic health warnings and plain packaging; enforcing bans on tobacco advertising, promotion and sponsorship; and raising excise taxes on tobacco.

Senate estimates hearing accidentally exposed the pro-government bias of Registered Organisation Commission's senior management

The Mandarin, 1 December 2017:

Two federal statutory officials have admitted to making comments that Labor has seized on as raising doubts about their agency's independence.

The comments were made during a break in an Employment portfolio estimates hearing this morning exploring the Australian Federal Police raid on a union headquarters and involvement of Employment Minister Michaelia Cash's office.

One of the participants, Registered Organisation Commission's executive director Chris Enright (pictured), strongly hit back at claims he is not independent, or has questionable ethics through his 40 years of service in government and police roles.

Media present in an estimates hearing overheard the comments, including Buzzfeed reporter Alice Workman, who tweeted part of the exchange:

Alice Workman

✔@workmanalice

Labor has called for the clerk so meeting resume for a few seconds but is suspended again. This is going to go on for a while. Cash seems very cheery as she uses break to leave the room, greeting people. #estimates

Alice Workman

✔@workmanalice

Overheard as committee on break: ROC and FWO officials joking that "this has been a very productive half hour" and "they could do this all day" as Labor's "getting pretty desperate" #estimates

9:31 AM - Dec 1, 2017

That tweet enraged Labor senators when the hearing resumed. The Fair Work Ombudsman Natalie James was not involved in the exchange. However, two officials owned up the exchange, Registered Organisations Commissioner Mark Bielecki and Chris Enright, ROC's executive director.

"How can you ever be regarded as independent [public servants] after the comments you just made?" asked a visibly angered Senator Doug Cameron.

The officials could not respond as Senator Ian Macdonald interjected, claiming the question was bullying the officials.

The chair Senator Linda Reynolds reminded officials that audio-visual Hansard rules do not apply during breaks and journalists may report anything they hear or observe in the building.

Cash directed officials to cover any documents they had brought from sight of journalists or cameras.

Alice Workman

✔@workmanalice

To clarify: I did not listen in to any private convo. I was in room with my media pass and heard what everyone else around me did. 

10:10 AM - Dec 1, 2017

The full comments cannot be verified without an investigation as Hansard rules do not permit the release of committee records when the hearing is not in session....

Also on Twitter was this plaintive tweet from the journalist mentioned above:

Can someone plz tell Ian Macdonald and @SenatorCash I am NOT and have NEVER been a member of the Labor Party. kthanxbi #estimates

— Alice Workman (@workmanalice) December 1, 2017

And this from the twitterverse:

I think @workmanalice has slightly upset @SenatorCash. Cash resorting to personal attacks on Alices' journalism, "I think a trainee Journalist could do better". Looks like Alice is doing a good job of uncovering the truth. #estimates #auspol

— ShayneRarma (@ShayneRarma) December 1, 2017

FACT CHECK: Port of Yamba-Clarence River cruise ship and international cruise ship terminal proposal

In online debates concerning the NSW Government's proposal to make the Port of Yamba an official cruise ship destination and possibly build an international cruise ship terminal I have noticed a few misconceptions creeping in - so this post is a brief fact check.

The misconceptions are coloured red.

* The “MV Caledonian Sky” cruise ship is smaller than the “Island Trader” cargo ship and not much bigger than the Manly Ferry.

“Caledonian Sky” at 4,200 gross tonnage, dead weight of 645t, 90.6m length, 15.3m width, 4.25 maximum draft is over twice the size of the “Island Trader” which is 485 gross tonnage, dead weight of 242t, 38.8m long, 9m wide and maximum draft of 2.8m.

The four Manly ferries are 70 metres in length, 12.5 metres wide, with draughts of 3.3 metres and displace 1,140 tonnes and, only operate in a deep water harbour.

* Cruise ships already come into the Clarence River.

There hasn’t been an ocean-going cruise ship carrying passengers enter the Clarence River in a good many years. There is some anecdotal information that one small cruise ship of indeterminate size entered the Clarence River sometime in the 1990s, but that appears to have been both the first and the last time that a local resident can recall its passage which ended with this vessel scraping its bottom on "Dirrangun" reef as it left. 

The last regular passenger service from Sydney to Port of Yamba ended in the mid to late 1950s when the small steamers operating on the NSW North Coast run were withdrawn.

Despite local media reports to the contrary, the “Caledonian Sky” has not entered the Port of Yamba in the past – this cruise ship’s scheduled visit in October 2018 will be her maiden voyage into the Clarence.

* There is not going to be any dredging of the Clarence River entrance or estuary if Port of Yamba becomes a cruise ship destination and an international cruise ship terminal is built.

A representative of the NSW Dept. of Transport raised eyebrows in apparent astonishment when I mentioned that particular belief. Although diplomatically silent the implication was clear - dredging would have to occur.

* Medium to small cruise ships will not have a problem entering the Clarence River because they will have a pilot on board.

In 2015-16 there were 18 ship visits to Port of Yamba, none were cruise ships and the majority of vessels piloted into the Clarence River came in for ship repair at Harwood Island.

However, even with a pilot on board a cruise ship may ground in a relatively narrow navigation channel. The “Regal Princess” grounded in Cairns Harbour in March 2001 as it sailed a 90m wide & est. 8.3 m deep navigation channel with a pilot aboard. The subsequent official investigation found that the dimensions of the Cairns port channel were too restrictive for the 32.25 m wide “Regal Princess”.

Because the Clarence River estuary is strongly tidal the position and width of its main navigation channel can vary and the Yamba-Iluka bar at the river entrance is problematic. 

The bar crossing appears to have been last dredged in 2004.

An Australian Navy tug 29m long, 8m wide with a draft of est. 3.4m grounded on the bar at the river mouth in October 1946 and from time to time cargo ships entering or leaving the Clarence have temporarily grounded when sand builds up outside the river entrance.

* Having cruise ships and a cruise terminal will raise personal incomes in the Lower Clarence Valley.

This argument is often put forward by governments pushing coastal development proposals.

St. John's (population over 108,000) - a regional port in Canada popular with small cruise ships - is currently conducting its own investigation into economic returns from cruise ship visits, because it was told this year that the average amount of money spent onshore by a cruise passenger can be as low as $28.20 and for a crew member as low as $20.79. Note: The Canadian dollar is roughly on par with the Australian dollar.

International cruise lines are usually the source of any financial information on passenger spending and industry observers tend to think that industry figures may be inflated. So it is not surprising to find one independent report published in 2015 states that passenger and crew spending in Cairns was 22 per cent lower than the figure supplied by Cruise Lines International Association (CLIA) a group representing the interests of cruise lines.

By the industry's own optimistic calculations, if all “Caledonian Sky” passengers come ashore then they should at a minimum spend in total between $4,750 and $5,937 during the five or so hours the ship is moored on the river in October next year.

Except that the cruise ship’s itinerary shows these approximately 114 passengers will have both breakfast and lunch on board ship before sailing away and, in the approx. three hours in between meals, will take a walk up to the Yamba Lighthouse at no charge, visit the Yamba Museum which has a gold coin entrance fee or cross to Iluka to wander the Nature Reserve up to Woody Head and back which is fee free - although it may be possible that the ship rents a mini-bus to transport passengers to Iluka wharf for return to the ship.

However, even then this hardly lives up to the cruise ship industry’s boast that each passenger spends on average $200-$250 a day in Australian regional ports.

* If ships the size of the "Rainbow Warrior" can navigate to the Harwood slipway then quite a few of the small similar size cruise vessels can safely do the same.

The second “Rainbow Warrior” was a yacht with 555 gross tonnage, 55m long, 9m wide with a draft of 3m. The third and current “Rainbow Warrior” has 855 gross tonnage, deadweight 180t, is 57.9m long, 11.3m wide and has a maximum draft of 5m.

To date I cannot find any cruise ships of similar size operating on the Australian east coast ocean route.

All east coast ships in P&O’s fleet are large ships, as are Holland America’s fleet. Princess Cruises’ ships are all large and, the  Royal Caribbean’s fleet is also composed of large ships. Ditto Carnival’s fleet and Celebrity Cruises’ ships. Norwegian Cruise Line, MCS Cruises and Cunard Line fleets contain only large vessels. While Oceania Cruises’ fleet is composed of somewhat smaller ships, but with drafts nudging 6m to 7m it probably wouldn't consider entering the Clarence . By comparison Noble Caledonia’s single cruise ship on the east coast is the ship with the shallowest draft found to date, but it may have difficulty coming over the bar in October 2018 and/or with swinging around to depart the estuary.

* Cruise lines are philanthropic - they will help people and the environment by giving money to a local cause.

Some but not all cruise lines do occasionally give money to institutions and causes within ports they regularly visit. It is often looked upon by port communities as 'guilty giving'. 

For example, in 2014 one of Carnival Cruise Line's ships severely damaged a section of pristine reef in the Cayman Islands. The next year the Carnival Foundation announced it was giving a $75,000 donation to the Cayman Islands-based Central Caribbean Marine Institute toward restoration of an ecologically distinct and globally endangered coral species. 

The Cayman Islands government had to step in before the cruise line would hand over $100,000 to the Cayman Islands National Trust towards the Magic Reef Restoration Project to cover the 11,000 sq feet of endangered coral that the "Carnival Magic" crushed.

If the international cruise ship industry genuinely had a social conscience then there wouldn't be reports like "Sweat Ships" (2002) which looks at the abuse of workers' rights aboard cruise ships.

* Modern cruising is really a form of eco-tourism

There is nothing inherently ecological about the design and functioning of a modern cruise ship. 

Modern cruise ships:
* predominately still use bunker fuel when underway and diesel/gas power when berthed if there is no dedicated shore electricity supply available to them; 
* give off emissions when these fossil fuels are burned and these emissions can and do sometimes exceed permissible levels of air pollution;
* emit underwater noise which disturbs whales and dolphins;
* are usually noisy when moored or berthed due to the need to generate power and/or provide entertainment for passengers;
* sewerage and waste water storage systems can sometimes malfunction or fail; 
* have been known to illegally dump sewerage whilst in port;
* will sometimes dump chlorinated swimming pool water overboard;
* sometimes illegally discharge oily waste into the ocean;
* will sometimes have issues with unlawful garbage disposal on some voyages; and
* anti-fouling paint on their hulls leaches into the waters at wharfs and affects the surrounding marine ecosystem.

* The state government will never be able to dredge the bar or the river because of Native Title.

Yes, Native Title covers the Clarence River from just below Ulmarra to the river mouth and out past the two breakwaters where it creates a 350m buffer around "Dirrangan" reef, as well as a narrower ocean water boundary out from the shoreline starting at Woody Head and going on down past Wooli.

Any cruise ship approaching the entrance to the Clarence River would be sailing in waters covered by Native Title.

However, Native Title rights are non-exclusive and so contain a number of qualifications. Therefore people of goodwill across the Clarence Valley and the wider Northern Rivers region will need to speak up in support of the Yaegl People's stated position if the Berejiklian Government decides to proceed with its international cruise ship terminal proposal.

Excerpt from Native Title Determination Yaegl People #2 Part B:

General qualifications on native title rights and interests

8. Native title does not exist in:

(a) Minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and

(b) Petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

9. The native title rights and interests described in paragraphs 6 and 7 do not confer:

(a) possession, occupation, use and enjoyment to the exclusion of all others;

(b) any right to control access to, or use of, the Determination Area.

10. The native title rights and interests in the Determination Area are subject to and exercisable in accordance with:

(a) the laws of the State of New South Wales and of the Commonwealth;

(b) the traditional laws acknowledged and traditional customs observed by the Yaegl People; and

(c) the terms of any Indigenous Land Use Agreement, which may be registered by the National Native Title Tribunal in respect of any part of the Determination Area made after the making of this Determination…….

Other interest which existed at the time Native Title over “Dirrangun” was determined are protected.

10. Other interests generally

(a) Rights and interests, including licences and permits, granted by the Crown in right of the State of New South Wales, the Clarence Valley Council or of the Commonwealth pursuant to statute or under regulations made pursuant to such legislation.

(b) Rights and interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

(c) Rights and interests of members of the public arising under common law or statute including, but not limited to the following:

(i) any public right to fish;

(ii) the public right to navigate; and

(iii) the international right of innocent passage through the territorial sea.

(d) So far as is confirmed pursuant to section 18 of the Native Title (New South Wales) Act as at the date of the Determination, any existing public access to and enjoyment of:

 (i) waterways;

(ii) the bed and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;

(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993.

(e) The rights of:

(i) an employee, agent or instrumentality of the State of New South Wales;

(ii) an employee, agent or instrumentality of the Commonwealth;

(iii) an employee, agent or instrumentality of any Local Government Authority, to access the Determination Area and carry out actions as required in the performance of his/ her or its statutory or common law duty.

Sea claim judgment: Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993 (31 August 2017)

Sexual harassment & sexual assault make Sydney University residential colleges unsafe for students

“The cultural conditioning of girls as gatekeepers and surrogate mothers is supposed to keep boys in a perpetual state of liberation. They can do as they please and trust that the consequences of their actions will be held against any woman they choose to hurt in the process. This form of gendered entitlement is particularly evident in men who enjoy wealth and privilege, both of which can be found in overbearing quantities on the campuses of residential university colleges.”  [Clementine Ford in The Sydney Morning Herald, 3 December 2017]

Honi Soit, 29 November 2017:

In 2009, amidst allegations of sexual violence at the colleges and the formation of a “Define Statutory” facebook group by St Paul’s students, several students, activists and academics wrote to St Paul’s, urging the college to undertake a wide-scale review of their culture with special attention being paid to sexual assault. This did not happen. Instead, St Paul’s hosted a White Ribbon fundraising dinner.

In 2011, calls for a review into college culture were raised again. Broderick’s review of how women were treated in the Australian Defence Force Academy, which followed an incident where a male cadet livestreamed himself having sex with a female cadet via Skype, recommended that similar reviews be undertaken at university college campuses where the same issues existed.

However, following years of discussion, in 2014 the prospect of a college review was killed off by Group of Eight Universities, including the University of Sydney, amidst concerns for reputational damage.

“I think some of those objections were based on perception of reputational risk,” Dr Damian Powell from the University of Melbourne told the Sydney Morning Herald. 

“The honest answer is it was put in the ‘too hard’ basket.”

According to Funnell, “It was incredibly disappointing when in 2014, the Go8 killed off an earlier attempt to review the colleges. It demonstrated how defensive and reputation-conscious they were.”

Incidents of sexual harassment and bullying continued. In 2016, University of Sydney Union media outlet Pulp revealed instances of slut-shaming at Wesley College, where a widely distributed college publication included a ‘Rack Web’ detailing “inter-college hook-ups”. A week later, Honi detailed ongoing incidents of bullying and sexual harassment across all residential colleges.

Months later, in October 2016, Broderick was engaged by the University of Sydney and all colleges, except for St Paul’s, to undertake a review of college culture, and “evaluate the strengths and challenges of residential life”…..

The Sydney Morning Herald, 30 November 2017:

As many as 32 per cent of women at University of Sydney colleges have experienced sexual harassment and 6 per cent of female college students have experienced actual or attempted sexual assault, with other college students making up the vast majority of perpetrators, a review of college culture has found.

The review, led by former sex discrimination commissioner Elizabeth Broderick, found that sexual misconduct, "hazing" and a problematic drinking culture persist at five of the university's six residential colleges, a number of which have come under fire for repeated incidents of sexual misbehaviour by students.

More than 1000 students from Sydney University's Sancta Sophia, St Andrew's, St John's, Wesley and Women's colleges were surveyed by Ms Broderick's team and more than 630 students were interviewed since October last year, with a 69 per cent participation rate across the five colleges…..

St Paul's College, which initially refused to participate in the review but recently joined the process, is not included in the findings and will receive a separate report in June next year.

Female students from St Andrew's College and Women's College reported some of the highest rates of sexual harassment and actual or attempted sexual assault, with 32 per cent of students at Women's College and 30 per cent of women at St Andrew's College saying they have experienced sexual harassment since starting at college.

At both colleges, 8 per cent of women said they have experienced actual or attempted sexual assault…..

Across all five colleges, 25 per cent of women and 6 per cent of men said they have experienced sexual harassment and 6 per cent of women and 1 per cent of men said they have experienced actual or attempted sexual assault.

Of these, 96 per cent of students who experienced sexual harassment and 73 per cent of students who experienced sexual assault said a fellow student from their college or a different college was the perpetrator.

About 90 per cent of all incidents occurred on college grounds.

The review also found that only 9 per cent of college students who experienced sexual assault and 3 per cent of those who experienced sexual harassment made a formal report.

About 31 per cent of those who experienced sexual assault and 49 per cent of those who experienced sexual harassment did not seek any assistance, the review found, with common reasons including that students "didn't think it was serious enough", "did not think I needed help" or "thought I could sort it out myself".

The review also found that 15 per cent of all college students reported that there was too much focus on drinking alcohol at their college and 13 per cent of students said they have been pressured to drink when they did not want to.

Read the full article here.

The review report Cultural Renewal at the University of Sydney Residential Colleges can be read here.