Friday 21 October 2016

Is "Yes, Minister" syndrome rampant in the Turnbull Government?


In the face of this……

The Guardian, 3 October 2016:

The Coalition, contrary to all perceptions, has been spending at an alarming rate. 

In 2012-13, the last full year of the previous Labor government, the ratio of government spending to GDP was 24.1%. 

In 2014-15, this had risen to 25.6% and, in 2015-16, it rose to 25.7% of GDP. 

The 1.6% of GDP blowout in spending between 2012-13 and 2015-16 is about $26bn and accounts for more than the blowout in the deficit from the time of the 2014 budget.

The deficit blowout fed into the level of government debt as it had to ramp up its borrowing to cover the ever growing shortfall.

Net government debt rose to $296.4bn at June 2016, up from $153bn in June 2013 just before the Coalition took power. 

As a share of GDP, net government debt has risen from 10% to 18%, just off the all-time high in the wake of the second world war. 

When the 2016 Myefo is released before year end, net government debt will be at a 60-year high and rising.

Gross government debt, according to the final budget outcome documents, rose to $420.4bn, or 25.5% of GDP, in June 2016. This is at the highest since 1971-72 when the Vietnam war effort was being funded.

And this......

The Australian Senate Community Affairs Legislation Committee was informed on 19 October 2016 that all public health cost-cutting measures previously supported by the Turnbull Government are still being progressed as policy.

The Turnbull Government is doing this…..

The Sydney Morning Herald, 19 October 2016:

The Department of Foreign Affairs and Trade spent an estimated $215,000 or more sending nearly two dozen senior bureaucrats from Canberra to Paris to attend an inhouse talkfest about ways to save money.

Fairfax Media can reveal the two day junket in September included business class return travel for all 23 DFAT officers.

They included John Philp, Australia's former ambassador to Afghanistan and current first assistant secretary of the consular and crisis management division and John Fisher, first assistant secretary of DFAT's corporate management division.

But the entourage, which was hosted for the two day conference by Australia's ambassador to France, Stephen Brady, included a departmental psychologist, a conduct and ethics manager, and a health and safety officer, according to a list of attendees obtained by Fairfax Media.

According to the Qantas website, the cheapest business class "saver" ticket to Paris costs $3800 one-way, indicating the group of 23 cost at least $175,000 in airfares alone for the 48-hour jaunt.

The group stayed at the four-star Mercure Paris Centre Eiffel Tower Hotel where standard rooms for mid-week business travellers start at $530 a night, according to booking websites…..

That figure does not include the as yet unknown cost of getting more than two dozen Europe-based diplomatic staff to Paris.

The conference, hosted at the Australian embassy just near the Eiffel Tower, was held to discuss a project known internally as "Redesign" and aimed at "streamlining work and improving efficiencies at posts in Europe", according to DFAT.

According to a source familiar with the September 7 to 9 conference, some Australian-based participants wondered why the conference could not have been held via a cheaper and perhaps more agile fashion like video conferencing…..

Thursday 20 October 2016

STATE OF PLAY: Gun importation regulations in Australia and why we are all still vulnerable to the decisions of week-kneed politicians

On 18 October 2016 Australian Prime Minister Malcolm Turnbull told Parliament and the nation that:

Under the current national firearms agreement, lever action shotguns are category A. There has been a move on the COAG committee of justice ministers to have those guns reclassified, which we have supported. Because agreement has not been reached, we put in place an import ban, which expired in August this year, so we have renewed it and we have renewed it indefinitely. What that means, of course, is that—…..

It is not a temporary ban. It is permanent. It is set in stone. It can be amended, but it is there—like any import ban. If the honourable member is seriously interested in the safety of Australians, as I trust we all are, let me explain. Firearms are classified under the national firearms agreement as category A, B, C or D. Category A guns are relatively readily able to be acquired. For category B you need to nominate a specific purpose, like primary production. Firearms in categories C and D are very, very difficult to obtain, and appropriately so. So the debate that is being conducted and has not yet been agreed between the state jurisdictions, who of course have the regulation of firearms, is whether and how the Adler seven-shot lever action gun should be classified. What my government has done is to ensure that no Adler lever action guns with more than five rounds can be imported in any category. They cannot be imported at all….

What we have done is put a stop on it. The fact is that we stand by the national firearms agreement. We want to see it stronger. We are supporting that with an import ban. We are proud of the achievements of John Howard. The action of the opposition in trying to use this as a distraction is a disgrace…..

I tell you that ban will remain in place until such time as there is a satisfactory reclassification of these guns by the COAG committee. That was the purpose of the ban when we first put it in place; that was the purpose when we renewed it. We stand by our commitment for the public safety of Australians.

On 8 August 2016 the Turnbull Government had given effect to the latest version of the Customs (Prohibited Imports) Regulations 1956.

These regulations state in part:

Note:       The public interest test under item 8A of Part 1 and the national interest test under item 8B of Part 1 apply in relation to the importation of all the articles to which this Part applies (see subregulation 4F(1A))….

15
Detachable firearm magazine, having a capacity of more than 5 rounds, for:
(a) semi‑automatic shotguns; or
(b) pump‑action shotguns; or
(c)  fully automatic shotguns;
whether or not attached to a firearm.
The importation must comply with at least 1 of the following tests:
(a) the official purposes test;
(b) the specified person test;
(c) the specified purposes test;
(d) the returned goods test;
(e) the dealer test.

Despite Prime Minister Turnbull's assertion that the Adler A110 shotgun cannot be imported, it appears that there is no longer an absolute ban in place provided any specific application to import this lever action shotgun can meet at least two of seven tests.

Rather alarmingly under the public and national interest tests in the regulations Turnbull refers to, Attorney-General George Brandis may give written permission to import these lethal weapons (which fire a bullet per second) based on his interpretation of public and national interests and the weapon being properly registered/authorized and safely secured once in the country.

Additionally he may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the Attorney‑General and should not be reviewable by the Administrative Appeals Tribunal.

Mr. Turnbull was careful to avoid the question of how easily the Adler shotgun with less than a five round magazine can be legally converted after importation into an 11 round lever action shotgun. Something which has reportedly been occurring since the Abbott Government first allowed importation of the 4-round version of this shotgun.

Today the NSW Baird Government will consider reclassifying both four and seven-round Adler shotguns to make them more available to shooters, who as a lobby group appear to harbour the strange notion that firearm ownership in this country should be covered by Amendment II of The Constitution of the United States.

Tomorrow 21 October 2016 the eight state and territory police and justice ministers are expected to consider the ban at a scheduled meeting.

Given the lack of spine displayed by politicians these days I am not expecting that public safety will receive more than lip service in any decision they make on the day.

BACKGROUND

The Sydney Morning Herald, 18 October 2016:

Tony Abbott has publicly criticised Malcolm Turnbull's failure to rule out trading away elements of Australia's gun laws in exchange for crossbench support for its key industrial relations legislation.

Liberal Democrat David Leyonhjelm said on Tuesday the government had reneged on a deal to end the ban on importing the controversial Adler lever-action shotgun into Australia. 

Senator Leyonhjelm warned he wouldn't vote to reinstate the government's construction industry watchdog unless Mr Turnbull agreed to allow the gun to be imported into Australia.

Labor moved to suspend standing orders in the House of Representatives, emboldened by comments from Mr Abbott over the Australian Building and Construction Commission legislation.

"Disturbing to see reports of horse-trading on gun laws. ABCC should be supported on its merits," Mr Abbott wrote.

Opposition Leader Bill Shorten accused the Liberal Party of entertaining "grubby deals" on gun laws and said reforms championed by former Liberal prime minister John Howard in the wake of the Port Arthur massacre shouldn't be watered down.

The Abbott government had previously agreed to allow the importation of the gun later in 2016, in exchange for Senator Leyonhjelm's support on migration issues.

A deal to introduce a sunset clause came as a review of technical elements of the National Firearms Agreement was under way.

But a temporary ban on the gun was extended before expiring in July.

In August 2015, Senator Leyonhjelm bragged to the Senate about blackmailing the government into adding the 12-month sunset clause to the Adler ban, claiming bureaucrats advising Justice Minister Michael Keenan were incompetent and too closely aligned to an anti-guns agenda. 

The man behind plans to import the Turkish-made gun is Robert Nioa, the son-in-law of Queensland independent MP Bob Katter. 


@CroweDM @ljayes, 18 October 2016
Click on images to enlarge




In 2013-14 115,827 modern guns were imported into Australia, by 2014-15 109,994 modern guns were recorded as coming into the country and in 2015-16 the figure was 104,000 firearms imported.

According to The Conversation on 28 April 2016 there are now an additional 1,026,000 firearms in private hands since the government gun recall after the 1996 Port Arthur Massacre and, the total number of registered guns in Australia are in the hands of only est. 6.2 per cent of all households.

It's spring and the smell of entitlement is thick in the air......


The Sydney Morning Herald, 17 October 2016:

At least four Liberal MPs thrown out by voters at the July federal election have picked up plum jobs as taxpayer-funded advisers to their former colleagues. 
Senate President Stephen Parry revealed in Senate estimates hearings on Monday that he had hired his former Tasmanian colleague, Eric Hutchinson, for a newly-created role in his office.

Mr Hutchinson could be paid up to $160,000 a year including superannuation, depending on his grading. 

Fairfax Media can also reveal that Matt Williams and Karen McNamara, who were both defeated at the July poll, have been employed as advisers by their former colleagues.

Mr Williams, who held the seat of Hindmarsh, is working as a policy adviser to fellow South Australian Simon Birmingham, the Minister for Education.

Ms McNamara, the former member for Dobell on the NSW Central Coast, is working as a part-time adviser to NSW senator Concetta Fierravanti-Wells, the Minister for International Development and the Pacific.

A spokeswoman for Senator Fierravanti-Wells said Ms McNamara, a former lawyer, was advising the minister on seasonal worker policy.

Former Eden Monaro MP Peter Hendy was hired by Prime Minister Malcolm Turnbull as his chief economist after losing the marginal seat.

The practice of "warehousing" - which sees former MPs employed as advisers before making another run for office -  has been used by both sides of politics…..

Wednesday 19 October 2016

Just three weeks to go until the U.S. presidential election and America is getting worried


Committee To Protect Journalists (CPJ), statement:
New York, October 13, 2016--In an unprecedented step, the Committee to Protect Journalists today released a statement recognizing that a Donald Trump presidency would represent a threat to press freedom. In response to Trump's threats and vilification of the media during his campaign, the chairman of CPJ's board, Sandra Mims Rowe, issued the following statement on behalf of the organization:
Guaranteeing the free flow of information to citizens through a robust, independent press is essential to American democracy. For more than 200 years this founding principle has protected journalists in the United States and inspired those around the world, including brave journalists facing violence, censorship, and government repression.
Donald Trump, through his words and actions as a candidate for president of the United States, has consistently betrayed First Amendment values. On October 6, CPJ's board of directors passed a resolution declaring Trump an unprecedented threat to the rights of journalists and to CPJ's ability to advocate for press freedom around the world.
Since the beginning of his candidacy, Trump has insulted and vilified the press and has made his opposition to the media a centerpiece of his campaign. Trump has routinely labeled the press as "dishonest" and "scum" and singled out individual news organizations and journalists.
He has mocked a disabled New York Times journalist and called an ABC News reporter a "sleaze" in a press conference. He expelled Univision anchor Jorge Ramos from a campaign press conference because he asked an "impertinent" question, and has publicly demeaned other journalists.
Trump has refused to condemn attacks on journalists by his supporters. His campaign has also systematically denied press credentials to outlets that have covered him critically, including The Washington Post, BuzzFeed, Politico, TheHuffington Post, The Daily Beast, Univision, and The Des Moines Register.
Throughout his campaign, Trump has routinely made vague proposals to limit basic elements of press and internet freedom. At a rally in February, Trump declared that if elected president he would "open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money." In September, Trump tweeted, "My lawyers want to sue the failing @nytimes so badly for irresponsible intent. I said no (for now), but they are watching. Really disgusting."
While some have suggested that these statements are rhetorical, we take Trump at his word. His intent and his disregard for the constitutional free press principle are clear.
A Trump presidency would represent a threat to press freedom in the United States, but the consequences for the rights of journalists around the world could be far more serious. Any failure of the United States to uphold its own standards emboldens dictators and despots to restrict the media in their own countries. This appears to be of no concern to Trump, who indicated that he has no inclination to challenge governments on press freedom and the treatment of journalists.
When MSNBC's Joe Scarborough asked him in December if his admiration of Russian President Vladimir Putin was at all tempered by the country's history of critical journalists being murdered, his response was: "He's running his country, and at least he's a leader, unlike what we have in this country... Well, I think that our country does plenty of killing, too."

Australian Government agencies still closing the cyber door after hackers have had their way



Australia treats cyber attacks as extremely serious and provocative events.

Fortunately, Australia still has not been subjected to malicious cyber activity that could constitute a cyber attack as defined on the previous page.

Contrary to speculation, this is not simply a matter of failed detection; the effects of a cyber attack could not possibly have gone unnoticed.

However, the threat of a cyber attack being conducted against Australian government, infrastructure, industry or other networks has grown following a series of high-profile disruptive or destructive incidents in other countries over the last five years.

The ACSC has previously assessed that cyber attacks against Australia would most likely occur against high value targets such as critical infrastructure, government networks or military capabilities during periods of very high tension or an escalation to conflict.

Although this remains broadly accurate, the nature and targets of recent incidents overseas – combined with a growing understanding of adversaries’ capabilities and intentions – highlight the breadth of potential targets and different ways cyber capabilities can be employed by adversaries seeking to achieve damaging or destructive effects outside conflict……

Australian government networks are regularly targeted by the full breadth of cyber adversaries. While foreign states represent the greatest level of threat, cybercriminals pose a threat to government-held information and provision of services through both targeted and inadvertent compromises of government networks with ransomware.

Hacktivists will continue to use low sophistication cyber capabilities – website defacement, the hack and release of personal or embarrassing information, DDoS activities and the hijacking of social media accounts – to generate attention and support for their cause.

As such, issue motivated groups pose only a limited threat to government networks, with possible effects including availability issues and embarrassment.

However, some hacktivists intend to cause more serious disruption and may be able to exploit poor security to have a greater impact.

As the Prime Minister acknowledged during the launch of Australia’s Cyber Security Strategy on 21 April, the ACSC has worked with government organisations to Between 1 January 2015 and 30 June 2016, ASD, as part of the ACSC, responded to 1095 cyber security incidents on government systems which were considered serious enough to warrant operational responses.

As cyber security awareness has increased, and government organisations have improved their ability to respond to their own lower level cyber security incidents, the number of incidents requiring an operational response has decreased. We can expect to see this trend continue.

The security of government networks and information is not only measured by how many cyber security incidents occur – it is about the type of incidents, their scale and the impact they have on national security and economic prosperity. Australian government organisations are required to report cyber security incidents to improve the ACSC’s understanding of the threat and to assist other organisations facing these threats………

Bureau of Meteorology In 2015, ASD detected suspicious activity from two computers on the Bureau of Meteorology’s network.

On investigation, ASD identified the presence of particular Remote Access Tool (RAT) malware popular with state-sponsored cyber adversaries, amongst other malware associated with cybercrime.

The RAT had also been used to compromise other Australian government networks.

ASD identified evidence of the adversary searching for and copying an unknown quantity of documents from the Bureau’s network.

This information is likely to have been stolen by the adversary.

ASD recovered a password dumping utility used by the adversary and identified the malicious use of at least one legitimate domain administrator account.

ASD identified at least six further hosts on the Bureau’s network that the adversary attempted to access, including domain controllers and file servers.

The presence of password dumping utilities and complete access by the adversary to domain controllers suggested all passwords on the Bureau’s network were already compromised at the time of the investigation.

ASD also identified evidence suggesting the use of network scanning and time stamp modification tools, used to analyse the network architecture and assist with hiding the adversary’s tools on hosts. In this instance, the ACSC attributed the primary compromise to a foreign intelligence service, however, security controls in place were insufficient to protect the network from more common threats associated with cybercrime.

CryptoLocker ransomware found on the network represented the most significant threat to the Bureau’s data retention and continuity of operations. The implementation of security controls outlined in ASD’s Strategies to Mitigate Targeted Cyber Intrusions publication will significantly improve the security posture of the Bureau’s corporate network. The ACSC continues to work with the Bureau of Meteorology to implement a number of further, specific recommendations to mitigate future compromise.

ABC News, 12 October 2016:

The ABC has previously been told China was behind the breach, but the Minister Assisting the Prime Minister for Cyber Security, Dan Tehan, would not be drawn on which foreign state was believed to be responsible.
"We don't narrow it down to specific countries, and we do that deliberately, but what we have indicated is that cyber espionage is alive and well and that's why we want to be transparent in this report about the incident," Mr Tehan said.
In December, the ABC was told it would cost millions of dollars to plug the security breach.
The ACSC said between January 1, 2015 and June 30, 2016, ASD responded to 1,095 cyber security incidents on government systems which were considered "serious enough to warrant operational responses".

Tuesday 18 October 2016

Thank the gods! Senator Bob Day resigns


The Australian: Senator Bob Day at a home being built by his family firm in Broadview, Adelaide

Far-right politician and former Liberal Party member, Family First’s Senator Robert “Bob” Day, having run his building company into liquidation has resigned from the Australian Senate.

He had been a senator for just over 28 months and was the only member of the senate with a Facebook page dedicated to a financial disaster he oversaw.

During his time in office he strongly voted for:

He voted against:


NSW ICAC Operation Cavill: former NSW Liberal MP for Gladesville & former Ryde Mayor committal hearing on charges of blackmail and misconduct in public office


The Sydney Morning Herald, 16 October 2016:

A former Liberal state MP and Sydney mayor will face court on Monday to determine if he should be committed to stand trial for blackmail and misconduct in public office.
Ivan Petch was Ryde mayor when, in 2012, a controversial redevelopment of the Ryde Civic Centre triggered a series of flash points that later became the subject of a two-week hearing by the Independent Commission Against Corruption (ICAC).
Mr Petch now faces a range of charges arising from the inquiry, including two counts of blackmail, misconduct in public office and giving false or misleading evidence to ICAC.
Mr Petch lashed out at the corruption watchdog last week for having "discoloured" his "whole career in one fell swoop".
"I have spent 37 years serving the people and, in that time, I have always acted in the interests of the community," he said. "I have stood by them all the way through."
After losing his state seat of Gladesville in the 1995 election to Labor's John Watkins by the narrow margin of 250 votes, Mr Petch became an independent councillor who went on to serve six terms as Ryde mayor.
However, in 2013, ICAC investigated Mr Petch over the alleged release of confidential council information "on many occasions for various reasons" but most notably to "undermine" council employees such as the former general manager John Neish.
During the inquiry, a phone tap was played of Mr Petch threatening to "destroy" Mr Neish. It emerged that, a short time later, sensitive material was leaked in a bid to discredit the council's head, after he refused to delay a high-rise residential redevelopment plan for council's ageing civic centre.
Mr Petch, who is charged with one count of misconduct in public office for allegedly releasing that material, has also been charged with "being an accessory before the fact of a count of blackmail" in relation to the alleged threat, for which property developer John Goubran is also facing a blackmail charge.
Mr Petch is also facing a separate charge of blackmail for allegedly attempting to improperly influence Mr Neish's acting replacement Danielle Dickson after her predecessor quit.
The then mayor allegedly threatened Ms Dickson that councillors, including himself, would block her application for the permanent position if she failed to resolve an ongoing Supreme Court costs dispute in their favour.
Mr Petch's three-day committal hearing will be heard in Sydney Local Court by Deputy Chief Magistrate Jane Mottley.

BACKGROUND

NSW Independent Commission Against Corruption (ICAC):


The ICAC investigated a number of allegations involving the former Mayor of the City of Ryde, Ivan Petch, and others, including the alleged release of confidential council information by Mr Petch on many occasions for various reasons, including in an attempt to undermine council employees, such as the former General Manager, Mr John Neish.
In its report on the investigation, made public on 30 June 2014, the Commission makes corrupt conduct findings against Mr Petch, John Goubran and Richard Henricus. The Commission is of the opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions (DPP) with respect to the prosecution of Mr Petch, Mr Goubran, Anthony Stavrinos, John Booth and Mr Henricus for various offences.
The ICAC is of the opinion that consideration should be given to obtaining the advice of the DPP also with respect to the prosecution of Mr Petch, councillors Justin Li, Jeffrey Salvestro-Martin, Terry Perram and former councillor Victor Tagg for offences under the Election Funding, Expenditure and Disclosures Act 1981 in relation to advertising published in The Weekly Times in August and September 2012. The Commission also recommends that the Office of Local Government gives consideration to disciplinary action against Mr Petch, with a view to his dismissal…..

Recommendations for prosecutions…..
The ICAC is of the opinion that the advice of the Director of Public Prosecutions should be obtained with respect to the prosecution of the following persons:
Ivan Petch
* The common law offence of misconduct in public office in relation to his handling of the discovery of adult material on Mr Neish's computer and his attempts to leak the material to the media.
* Five offences of giving false or misleading evidence pursuant to section 87 of the Independent Commission Against Corruption Act 1988 relating to the discovery of adult material on John Neish's computer.
* The common law offence of misconduct in public office in relation to his release of confidential advice from the Department of Planning and Infrastructure, and also internal Council emails concerning planning approvals.
* Making an unwarranted demand with menaces with the intention of influencing the exercise of a public duty pursuant to section 249K of the Crimes Act 1900 in relation to the approach to Danielle Dickson.
* Offences of accepting an indirect campaign contribution pursuant to section 96E of the Election Funding, Expenditure and Disclosures Act 1981 in relation to advertising published in The Weekly Times on 1, 7, 15, and 22 August 2012, and also 29 August and 5 September 2012.

Full report here.