So what's happening with the Fair Work Commission's penalty rate review?

By December 2015 the Fair Work Commission’s penalty rates review had generated five days of transcripts and received a large number of submissions from employer groups, unions representing employees and one federal Labor MP, Melissa Price.

This last hearing date in the penalty rates case is scheduled for 15 April 2016.

There will be a good many households in rural and regional Australia where those with paid employment receive penalty rates for working long and/or unsociable hours.

As the two industry groups being targeted are significant employers outside metropolitan areas, perhaps those living in the NSW Northern Rivers region should all be closely watching the Commission at work and the degree to which its final determinations align with the data to which it has access.

The Fair Work Commission in its Changing work patterns report has this to say in December 2015:

5 Conclusion

This report presented data on changes in the labour market, types of work arrangements and preferences, and how people spend their time outside of work.

The analysis showed that the Australian labour market has changed over the last 25 years.

Although the participation rate for males has fallen over time, it has increased for females, while the decline in male full-time employment has been offset by an increase in part-time employment.

Further, employment in the services industries has increased, along with the proportion of Professionals and Community and personal services workers.

Data from the ABS showed that most employed persons worked Monday to Friday, and five days was the most common number of days worked in all jobs per week, with almost one in three employees usually working weekends.

Focusing on the nature of weekend work, data from the HILDA survey also showed that around one in three employed persons usually worked weekends.

Employed persons who usually worked weekends were more likely to have their working days vary and work a rotating shift or irregular schedule.

They were also more likely to work part-time hours, be employed on a casual basis, prefer to work more hours and be currently enrolled in a course of study for a trade certificate, diploma, degree or other education qualification.

Around one in three employed persons who usually worked weekends were employed in Retail trade or Accommodation and food services.

Employed persons in these industries were more likely to prefer working more hours, taking into account how it would affect income. Data on activities outside of work showed that the total number of minutes per day spent on free time activities decreased between 1997 and 2006 and that almost half of those surveyed never attend religious services.

According to the Fair Work Commission as at June 2014 nationally there were 13,212 accommodation businesses, 35,457 cafes and restaurants, 3,583 catering services, 6,067 pubs, taverns and bars, 2,908 hospitality clubs and 24,035 takeaway food services.

The Fair Work Commission also produced an Industry profile— Accommodation and food services in December 2015:

Data for June to November 2015 show that the industry accounted for: over $80 billion of sales and 2.6 per cent of value added to the economy; 7 per cent of employment, almost 6 per cent of actual hours worked per week in all jobs and over 4 per cent of wages;  around 4 per cent of all businesses and 17 per cent of all award-reliant employees; around 1 per cent of investment;  around 16 per cent of total underemployment; and around $6.6 billion in company gross operating profit……

Over half of enterprises in Accommodation and food services used shift work arrangements compared with less than one quarter across all industries. The most common shift work arrangements among enterprises in Accommodation and food services were evening and night shifts, short shifts of four hours or less, afternoon shifts and eight-hour shifts.

When the data is broken down: (i) 10.7 per cent of these businesses open on one or both days on a weekend; and (ii) 44.5 per cent of all businesses supplying accommodation and food services are found in rural and regional Australia.

Australian Bureau of Statistics (ABS) business profitability tables show that; in the September Quarter 2012 seasonally adjusted total accommodation & food service industry profit-before-tax was $966 million ($1.2 billion in December Quarter 2012), in the same quarter in 2013 it was $844 million ($744 million in December 2013), in September Quarter 2014 it was $1.1 billion ($1.1 billion in December Quarter 2014 ) and, by September Quarter 2015 total profit was still holding at $1.1 billion.

The Fair Work Commission states as at June 2014 there were 130,000 businesses in the retail trade. The highest individual sector percentage of these was clothing retailers at 8.4 per cent, super markets/grocery stores at 7.3 per cent, other specialized food retailing at 4.2 per cent and, electrical/electronic/gas appliance retailing at 3.6 per cent.

The Fair Work Commission published an Industry profile— Retail trade in December 2015:

The highest proportion of enterprises in Retail trade operated seven days a week, followed by weekdays and Saturday, while across all industries, the highest proportion of enterprises operated weekdays only…..

A lower proportion of enterprises in Retail trade used shift work arrangements compared with all industries. The most common shift work arrangements used in both enterprises in Retail trade and across all industries were set rosters and eight-hour shifts.

When it comes to retail businesses: (i) 39.9 per cent operate on one or both days on a weekend; and (ii) 43.6 per cent of are located in rural and regional Australia.

According to the latest available ABS statistical data relating to business profitability; in the September Quarter 2012 seasonally adjusted total retail industry profit-before-tax was $3.2 billion, in the same quarter in 2013 it was $3.3 billion, in September Quarter 2014 it was $3.8 billion and, by September Quarter 2015 these profits had risen to $3.8 billion. 

Australian Prime Minster Malcolm Turnbull's NBN Broadband: Noely tells it like it is

Excerpt from My Broadband v Reality, Punters don’t know any better and that is just the way PM Turnbull likes it, 14 January 2016…….

For those of you who think the NBN has nothing to do with you, think about these scenarios:

How will you feel in years to come when your investment property is not valued as highly as similar properties in the neighbourhood just because punters finally wised up to the fact that they need to rent/buy a property that had fast, stable internet access and sadly due to circumstances beyond your control, you got the Thunderbox version of the NBN instead of the Indoor Throne like the other homes - there goes the extra for your pension?

How will you feel watching your child wait in emergency at the rural hospital for the specialist in the closest capital city to look at the scans and advise the local doctors what to do? Waiting, waiting, waiting... Not because the specialist is not around, but because the scans have failed to send over the line a few times because the weather is really bad? I have been in this scenario and don’t wish it upon any parent, ever!

How will you feel watching your oldest child stress over their final assignment drafts they are trying to email their teacher, that has to be received by said teacher by that particular date or they will lose points on the assignment, but, gee, the net is playing silly buggers and email with attachment (ie the assignment) keeps stalling? It’s only your child’s future at stake?

Your second child has just turned two and you really want to get back into the workforce (and your mortgage needs it), of course jobs are scarce, so you decide, well, Government is offering initiatives to set up home-based business, I’ll do that. Just a bit of a bugger that you didn’t realise you would need decent internet speeds & bandwidth to even access those fancy Government sites telling you of incentives; communicating with your clients online; doing your BAS & tax, the list goes on... Of course when you hit up your provider for better access, they tell you that it will either cost you a squillion – which makes your home business untenable – or sorry lady, just bad luck you live in an area that hasn’t been upgraded, yet, and well, ummm sorry, we don’t have you on our future plan at the moment either, maybe in a few years we can help you?

There are many scenarios like the above, they are real life results of the NBN being decimated. Next time you hear someone say something along the lines of “Who cares about internet access, just so a few youngsters can stream movies”, tell them NO and give them a REAL life scenario to ponder.

Lawrence James "Larry" Anthony : A memory jog for voters in the NSW Northern Rivers federal electorate of Richmond

Now that it appears former Howard Government minister and Nationals MP Larry Anthony may be contemplating a return to politics perhaps it is also time to recall a little of his history.......

Lawrence James “Larry” Anthony 
(aged 54 years)

Professional company director

Photograph from The Guardian 13 September 2015

* Jackeroo between 1979-80.

* Small business and industrial advocate adviser, Sydney Chamber of Commerce and Industry, in 1984-85.

* Stockbroker and investment banker, Potter Warburg and Merrill Lynch, in 1985-91 and 1993-96.

* Manager and director of the Northern Rivers Railroad Company in 1991-93. The company set up by himself, his father and business partners operated a passenger service as well as freighting cement powder and fly ash from Grafton to Casino and Murwillumbah NSW under sub-contract.

* Anthony and partners sold the Northern Rivers Railroad Company to Queensland Rail  in 2002 and all local passenger trains ceased on the Murwillumbah line. This line is was eventually closed by NSW Rail on 16.05.04.

* Federal Member for Richmond NSW of Parliament 1996-2004:

Parliamentary Secretary (Trade) from 21.10.98 to 20.7.99.

Minister for Community Services from 20.7.99 to 26.11.01.

Minister for Children and Youth Affairs from 26.11.01 to 26.10.04.

* Defeated at general elections in 2004 after winning 45.79 per cent of first preference votes but failing to pick up enough subsequent preference votes.

* Director of Indue Ltd from 17.02.05 and Deputy Chairman from 18.07.08. Retired sometime in the 2012-13 financial year.

* Registered Larry Anthony & Associates Pty Ltd on 09.03.05.

* Non-executive director of Creditlink, a Brisbane-based credit union bank, from March 2005.

* Became a director of Australia’s largest childcare company, ABC Learning Centres Limited, in 2005. Reported to have received annual director’s fee of $65,000 and was paid more than $235,000 to lobby governments on its behalf.  Was a member of ABC Learning's audit committee in 2007. The company went into receivership on 11.11 08 owing an est. $1.6 billion to debtors. The receiver finally wound the company up in 2015.

* Chairman technology company uniDap Solutions Pty Ltd  and a director of CertainEdge Pty Ltd (dates unknown) .

*Non-executive director of Macquarie Media Management (unknown start date). Retired in 2008.

* Moved to Queensland about 2008.

* Decided not to stand at the 2007 federal election.

* Decided not to run at the 2010 federal election giving this explanation:

Anthony said his reason for not wanting to stand was the same one he had when he decided against running in 2007.

"In politics you are a rooster one day and a feather duster the next. It can be pretty ephemeral.

"When I'm on my death bed it will be my children by my bedside, not the people who voted for me."

* Stood for federal presidency of the National Party of Australia in 2010 and was defeated.

* Decided not to stand at the 2013 federal election.

* One of the company spokespeople in SAS Consulting Group’s YouTube Inside Word presentations since August  2014.

* Chair of the ADC Northern Development Summit held in Townsville, Queensland in September 2014. Summit organised by the ADC Forum, a not-for-profit leadership group. 

* Part-owner and director of lobbyist company SAS Consulting Group Pty Ltd along with Jennifer Anne Anthony ATF Anthony Family Trust and others.  Entered in NSW Register of Third Party Lobbyists from 01.10.15 to date and on the Australian Government Register of Lobbyists (start date unknown).

Clients include:

SEQ Catchments - natural resource management organisation

Indue Ltd - financial payment products and settlement services

ERM Power – operates electricity sales and electricity generation businesses

China Telecom Global Limited – multinational communications corporation

Wanda Ridong (Gold Coast) Development Pty Ltd - Chinese Development & entertainment company

Shenhua Watermark (Shenhua Watermark Coal Pty Limited) – multinational mining company based in China holding state and federal approval to develop an est. $1.2 billion coal mine on the Liverpool Plains in north-west NSW. On 16.10.12 and 15.04.13 Anthony met with NSW Dept. of Planning as a representative of Shenhua.

* Federal President of the National Party of Australia from 13.09.15 to date.

* January 2016 rumours begin in media that Larry Anthony will be seeking preselection as Nationals candidate in the Richmond electorate at this year’s federal election. The seat is currently held by Labor’s Justine Elliot.

Conservative ideologues, bankers and employers determined to have their way on wages, unions & industry not-for-profit super funds

Australian unions, the successful not-for-profit super funds they administer and enterprise agreements are all well and truly in the firing line as Australia enters the 2016 election year.

The Australian, 11 January 2016:

A new clash is looming over rules that can ban millions of workers from choosing their own retirement fund as the government tries to increase choice in the $2 trillion superannuation industry.

Despite fears it will be accused of running an “ideological” campaign against funds that are backed by unions, the Coalition will move to scrap a key part of the industrial relations regime that gives unions and employers the right to limit fund choice for up to 4.7 million workers.

The push sets up a new fight in the Senate after parliament resumes within weeks, but armed with a warning from trade union royal commissioner Dyson Heydon against the “tyranny of the majority” being allowed to dictate where workers put their retirement savings, the government will insist that the choice of fund cannot remain a bargaining chip in workplace deals.

Assistant Treasurer Kelly O’Dwyer will make the issue one of four major changes to the superannuation sector this year in a reform plan that appears certain to deepen the divisions in the fund ­industry while sparking renewed objections from Labor.

Ms O’Dwyer told The Aus­tralian a government analysis indicated that 26 per cent of enterprise bargaining agreements gave workers no choice of super fund and another 5 per cent allowed only limited choice. “We think that everyone should have a choice about where their money goes — after all, it’s their superannuation, it’s their retirement,” she said. “That money should be provided to a fund of their choice.”

At stake is control of tens of billions of dollars that flow into super funds every year from employee pay packets under terms negoti­ated by unions and employers in more than 20,000 enterprise agreements that cover 40 per cent of the nation’s workforce.

The move opens a new front in attempts to overhaul the wider super system after Ms O’Dwyer last month failed to persuade crossbench sen­ators to legislate governance changes that would require all funds to appoint independent directors.

Labor and the unions have claimed the Coalition is seeking to undermine the not-for-profit industry funds set up by employer groups and unions decades ago, and which often have the advantage of being named in EBAs or as the “default” option in industrial awards……

Excerpts from Prime Minster Malcolm Bligh Turnbull, Attorney-General George Brandis and Minister for Employment Michaelia Cash, Joint Media Release - Royal Commission into Trade Union Governance and Corruption Final Report, 30 December 2015:

Today the Government announces that it will re-introduce legislation to re-establish the Australian Building and Construction Commission in the first sitting week of 2016 and will seek to have it passed by both chambers before the end of March…..

The Government will therefore introduce additional legislation to further strengthen the Registered Organisation Commission [previously rejected by the Senate].

Taskforce Heracles - the existing Federal and State Police Taskforce attached to the Royal Commission - will be funded to continue its work investigating referrals [from the Royal Commission into Union Governance & Corruption].

Seven News, 27 December 2015:

Business groups say a cut to Sunday penalty rates is now inevitable despite a potential backlash at the next federal election.

The Sydney Morning Herald, 22 December 2015:

National Pharmacies is attempting to cut pharmacists' penalty rates by as much as 50 per cent for certain hours on Saturday shifts. Double-time Sunday rates would remain in place.

The company also wants to lower overtime pay, freeze the wages of existing pharmacists and introduce a two-tiered pay scheme that would slash the wages of new employees, according to the union.

The union, Professional Pharmacists Australia, estimates the proposed cuts could trim new pharmacists' pay cheques by up to $10,000 a year…..

"The company is disappointed that enterprise agreement negotiations have failed to reach agreement,….

Liberal Party member & IPA Deputy Executive Director James Paterson appearing on Sky News on18 December 2015:

https://youtu.be/pjllmNzGoVU

As to be expected, far-right Institute of Public Affairs' propaganda deliberately forgets to mention that 87.6 per cent of public servants have a base salary which is less than $80k, as well as failing to mention that almost half of all public servants receive an employer superannuation contribution below the 15.4 per cent quoted by Paterson. See Australian Public Service Commission's 2014 remuneration survey.

Natural Gas & Coal Seam Gas: A lesson in consequences for Australian federal and state governments

When gas mining went wrong on a large scale in America..........

LA Times, 6 January 2016:

Gov. Jerry Brown on Wednesday ordered new regulations, including stepped-up inspections and safety measures, for all natural gas storage facilities in California in response to the continuing leak that has displaced thousands of people in the Porter Ranch neighborhood of Los Angeles.

The emergency regulations would require Southern California Gas Co. and other operators of gas storage facilities to conduct daily inspections of wellheads using infrared leak-detection technology, verify the mechanical integrity of wells, measure gas flow and pressure and regularly test safety valves, among other steps.

Each facility would also have to draft a risk management plan that would examine the corrosion potential of pipes and other safety threats.

The requirements are part of a series of orders issued by Brown as he declared a state of emergency stemming from a leaking well at SoCal Gas' storage facility in Aliso Canyon. For more than 10 weeks a damaged well has released large amounts of planet-warming methane and emitted sulfur-like odors that have sickened residents with nosebleeds, headaches and other symptoms.

Brown's action came after weeks of demands by residents, activists and local officials for the governor to intervene. In the proclamation, Brown cited the “prolonged and continuing duration of this natural gas leak and the request by residents and local officials for a declaration of emergency.”

The governor ordered state agencies to “utilize all necessary state personnel, equipment, and facilities to ensure a continuous and thorough response to this incident.” Unlike with most emergency proclamations, however, he did not suspend state laws, cut red tape or commit more resources or public funds to address the leak.

Brown contends that SoCal Gas should bear all related expenses from the leak. He tasked the California Public Utilities Commission with ensuring that the gas company “cover costs related to the natural gas leak and its response, while protecting ratepayers.”

Evan Westrup, a governor's spokesman, noted that the proclamation does allow the governor to waive state laws if necessary in the future.

The new regulations will apply to a dozen natural gas storage fields across nine counties, according to the state Division of Oil, Gas and Geothermal Resources, which will issue the new rules.

Aliso Canyon Natural Gas Leak Preliminary Estimate of Greenhouse Gas Emissions (As of December 12, 2015):

When gas mining went wrong on a large scale in Australia……

ABC News, 10 August 2015:

A study commissioned by Queensland's environment department says an experimental plant operated by mining company Linc Energy at Chinchilla, west of Brisbane, is to blame and has already caused "irreversible" damage to strategic cropping land.

The department, which has launched a $6.5 million criminal prosecution of the company, alleges Linc is responsible for "gross interference" to the health and wellbeing of former workers at the plant as well as "serious environmental harm".

The 335-page experts' report, obtained by the ABC, has been disclosed to Linc but not to landholders.

It says gases released by Linc's activities at its underground coal gasification plant at Hopeland have caused the permanent acidification of the soil near the site.

Experts also found concentrations of hydrogen in the soil at explosive levels and abnormal amounts of methane, which they say is being artificially generated underground, over a wide area.

Other documents, released to the ABC by the magistrate in charge of the criminal case, show four departmental investigators were hospitalised with suspected gas poisoning during soil testing at the site in March.

"My nausea lasted for several hours. I was also informed by the treating doctor that my blood tests showed elevated carbon monoxide levels (above what was normal)," one of the investigators said.

High levels of cancer-causing benzene were detected at the site afterwards.

Earlier this year the State Government imposed an "excavation exclusion zone" on 314 square kilometres around the Linc facility where landholders are banned from digging any hole deeper than two metres.

ABC News, 10 June 2015:

The Queensland Government has widened its legal action against resources company Linc Energy over the alleged contamination of the environment by its underground gas plant on the Darling Downs in the state's south-east.

The Government has today filed a fifth charge of wilfully and unlawfully causing serious environmental harm against the company.

An investigation — the largest and most protracted in the history of the Queensland Environment Department — has found that Linc Energy's Underground Coal Gasification (UCG) plant at Hopeland caused irreversible damage "to more than one environmental receptor [which includes the atmosphere, vegetation, water and soil]".

UCG is a so-called "unconventional" means of extracting gas from coal seams that are too deep to mine.

Coal is burned in situ underground and the gas produced is siphoned off through wells.

The ABC has been told that external experts contracted by the department found "scientific evidence of [the plant's] operation above hydrostatic pressure, fracturing the landform, and excursion of contaminants"……

Queensland's Environment Minister Steven Miles is travelling to the western Darling Downs to meet with affected landholders and to explain what the latest charge means.

"This is probably the biggest investigation of its kind in Australian history, we've had upwards of 100 technical officers in Chinchilla monitoring sites and measuring this pollution, it's a very serious matter," he said.

"Our next biggest concern is the impact that this pollution could have on the livelihoods and on the wellbeing of the landholders in the area nearby Linc…..

Linc Energy Limited v Chief Executive, Department of Environment and Heritage Protection [2015] QLC 12 (1 April 2015) [100%]
(From Land Court of Queensland; 1 April 2015; 32 KB) 

Linc Energy Ltd v Chief Executive Administering the Environmental Protection Act 1994 & Anor [2014] QSC 172 (1 August 2014) [99%]
(From Supreme Court of Queensland; 1 August 2014; 54 KB) 

Linc Energy Ltd v Chief Executive Administering the Environmental Protection Act 1994 & Anor (No 2) [2014] QSC 182 (5 August 2014) [97%]
(From Supreme Court of Queensland; 5 August 2014; 7 KB)

Chief Executive Administering the Environmental Protection Act 1994 & Anor v Linc Energy Ltd [2015] QCA 197 (16 October 2015) [24%]
(From Supreme Court of Queensland - Court of Appeal; 16 October 2015; 74 KB)

Linc Energy Ltd v Chief Executive, Department of Environment and Heritage Protection [2015] QLC 42 (26 November 2015) [100%]
(From Land Court of Queensland; 26 November 2015; 27 KB) 

Electoral redistribution in federal seats and what it might mean on NSW Far North Coast in 2016

Australian Electoral Commission (AEC), Proposed redistribution of New South Wales into electoral divisions, October 2015:

A total of 944,592 electors or 19.42 per cent of electors in NSW would change from their current federal electoral division under the proposed redistribution. Once a redistribution is final, the AEC automatically transfers existing elector enrolments, where required, to the correct electoral division.

The augmented Electoral Commission has adopted boundary changes* in the Cowper,Page, and Richmond electorates proposed by the Redistribution Committee for New South Wales.

Electoral boundary changes on NSW Far North Coast according to the Australian Electoral Commission (AEC):

* Projected enrolment in the existing Division of Cowper is 100 289. This electoral division must gain at least 6 384 electors, or up to 14 122 electors, from other electoral divisions to fall within the acceptable numerical tolerances.

The Committee proposes that the Division of Cowper gain 37 024 electors from the Division of Lyne in the southern part of Kempsey LGA and that part of Port Macquarie-Hastings LGA including Telegraph Point and Port Macquarie.

The Committee proposes that the Division of Cowper transfer 23 114 electors to the proposed Division of Page in the northern part of Coffs Harbour LGA from Lowanna, Coramba and Sapphire Beach, and its part of Clarence Valley LGA.

The changes result in a projected enrolment for the proposed Division of Cowper of 114 199 or a variation from the projected enrolment quota of plus 3.31 per cent…..

As a result, there are less than optimal outcomes in terms of communities of interest. The proposed Division of Cowper contains the major centres of Coffs Harbour and Port Macquarie and therefore splits the two respective LGAs. The locality of Wauchope is also split from Port Macquarie. The proposed electoral division does however unite Kempsey LGA. The alternative involves crossing the Great Dividing Range.

* Projected enrolment in the existing Division of Page is 98 008. This electoral division must gain at least 8 665 electors, or up to 16 403 electors, from other electoral divisions to fall within the acceptable numerical tolerances.

The Committee proposes that the Division of Page gain 23 114 electors from the Division of Cowper in the northern part of Coffs Harbour LGA south to Lowanna, Coramba and Sapphire Beach, and that part of Clarence Valley LGA south of Maclean, east of Grafton and north of Glenreagh, two electors from the Division of New England near Dorrigo, and 6 863 electors from the Division of Richmond in the Lismore LGA.

The Committee proposes that the Division of Page transfer 13 693 electors to the proposed Division of Richmond in that part of Ballina LGA east of Alstonville and south to Empire Vale. The Committee further proposes minor changes in the boundary with the proposed Division of New England, involving no elector movement.

The changes result in a projected enrolment for the proposed Division of Page of 114 294 or a variation from the projected enrolment quota of plus 3.39 per cent…..

The Committee notes that Lismore, Ballina and Clarence Valley LGAs are already split. Mindful of their principle regarding LGAs in rural areas, the Committee sought to minimise the incidence of split rural LGAs. Having provided electors from the Ballina LGA to the proposed Division of Richmond, the Committee was able to unite the Lismore and Clarence Valley LGAs in the proposed Division of Page.

* Projected enrolment in the existing Division of Richmond is 100 573. This electoral division must gain at least 6 100 electors, or up to 13 838 electors, from other electoral divisions to fall within the acceptable numerical tolerances.

The Committee proposes that the Division of Richmond gain 13 693 electors from the Division of Page in that part of Ballina LGA east of Alstonville and south to Empire Vale east of the Pacific Highway.

The Committee proposes that the Division of Richmond transfer 6 863 electors to the proposed Division of Page in the Lismore LGA. 419. The changes result in a projected enrolment for the proposed Division of Richmond of 107 403 or a variation from the projected enrolment quota of minus 2.84 per cent.

The Division of Richmond had to gain electors, and its position in the north-eastern corner of the state meant that the required numbers could only be obtained from the Division of Page. The Committee notes that both the Lismore and Ballina LGAs are already split. Mindful of their principle regarding LGAs in rural area, the Committee sought to minimise the incidence of split rural LGAs. The numerical requirements of the Electoral Act determined that the balance of Ballina LGA could not be transferred into the proposed Division of Richmond. The Committee therefore proposes to move the boundary further south in the Ballina LGA to include the town of Ballina. This allowed the Committee to unite the Lismore LGA in the Division of Page.

Two renaming proposals on the NSW Far North Coast were rejected by the augmented Electoral Commission:

* Division of Cowper proposed to be renamed Paterson after Andrew ‘Banjo’ Paterson (1864– 1941), Australian author and poet

* Division of Richmond proposed to be renamed Bandler – after Faith Bandler, AC (1918–2015), in recognition of her role as a leader of the 1967 referendum campaign in favour of two constitutional amendments relating to Indigenous Australians. 

Both these proposed changes submitted by electors were apparently rejected because it is policy to retain where possible the names given to electorates at Federation.

Changes in electoral boundaries are expected to be gazetted in February.

Subsequent changes to margins electorates are held by:

Cowper is held by Nationals with a margin of 11.7 – now predicted to be 13.8

Page is held by Nationals with a margin of 2.5 – now predicted to be 3.1

Richmond is held by Labor with a margin of 3.0 – now predicted to be 1.8.

The Daily Examiner, 15 December 2016:

KEVIN Hogan will be the federal MP for all residents of the Clarence Valley from next month after the approval of proposed electoral boundary changes.

Mr Hogan's electorate of Page will now stretch from the Queensland border to Sapphire Beach in the south.

Towns and villages such as Maclean, Gulmarrad, Cowper, Glenreagh, Red Rock and Woolgoolga, that had previously been part of the Cowper electorate, will shift to Page once the change becomes official on February 25. Cowper will now cover the area from Coffs Harbour to Port Macquarie.

The  Australian reporting on some of the implications for the rest of the country, 12 January 2016:

A radical electoral redistribution threatens to neutralise the effect of Malcolm Turnbull’s popularity in NSW, putting at risk at least three Coalition seats and slicing the margin of another.

As Bill Shorten today embarks on a three-week mini-campaign to kickstart the election year, the ­Liberal Party has lashed the Australian Electoral Commission for pushing ahead with its proposed boundaries, ignoring “extensive community concerns” while greatly altering the character of ­affected seats.

The AEC, which is due to finalise the redistribution next month, has received almost 800 objections to the proposed boundary shake-up, which will see almost 20 per cent of electors in NSW transferred to a new federal seat and abolishes the Labor seat of Charlton, south of Newcastle. A new safe Liberal seat of Burt is to be ­created in Western Australia.

In an objection lodged with the AEC, Tony Nutt, the Liberal Party’s former NSW director and now federal director, criticises the commission for “unnecessary elector disruption” arising from the boundary changes that will see some regional local government areas split for the first time.

The proposed changes to reduce the number of NSW electorates from 48 to 47 will see three Liberal Party seats — Barton, Paterson and Dobell — become notionally Labor while the safe seat of Macarthur becomes marginal.

Senior Liberal sources say hopes of a boost to the party’s ­fortunes from the new Prime Minister’s popularity have been dashed, but strategists are confident his rise in the polls will help to contain losses. The party is also ­expected to pick up Burt…..

In its objection to the AEC, the Liberal Party says the commission’s “extraordinary” decision to include inner-city suburbs into the otherwise overwhelmingly suburban Barton, “fails miserably on community of interest grounds”.

“Yet again the committee has failed to recognise the very clear differences and areas of interest that inner-city electors have to electors that reside in more suburban areas,” the objection says. “Divisions that seek to facilitate the representation of both these often opposing communities are destined to fail the community.”

Nickolas Varvaris, who holds the seat of Barton on a wafer-thin 0.3 per cent margin, is almost certain to lose on the proposed new boundaries as the seat becomes a Labor electorate with an estimated margin of 8.3 per cent. Labor frontbencher Anthony Albanese is expected to shift from his seat of Grayndler — now seen as vulnerable to the Greens — into Barton to contest the next election.

Scott Morrison has also lodged his “strongest objection” about the effect of the redistribution on his seat of Cook, which he says will split the community of the Sutherland Shire for the first time in 100 years in a move that will affect more than 60,000 electors but has negligible impact on his very safe margin. “The proposed boundaries needlessly disrupt one of our country’s strongest communities of interest,” the Treasurer says.

Around Newcastle, where the seats of Dobell and Paterson are now notionally Labor, the Liberal Party is urging the committee revisit the draft boundaries in their entirety. The seat of Dobell, held by Karen McNamara, switches from a Liberal marginal seat of 0.7 per cent to a notional Labor seat with a margin of 0.3 per cent, while Bob Baldwin’s seat of Paterson is more radically altered, changing from a Liberal seat with a margin of 9.8 per cent to a marginal Labor seat of 1.3 per cent.

Macarthur, held by Russell Matheson, has its margin slashed from 11.4 per cent to 2.8 per cent.

The party has also slammed the decision of the AEC to move the locality of Camden and its surrounds out of Macarthur and in to the regional seat of Hume, held by one of the government’s rising stars, Angus Taylor. While the seat becomes safer for the Liberal Party under the new boundary, Mr Taylor is concerned the character of the rural Liberal seat will be “substantially different”. 

Yass Tribune, 15 January 2016:

PROPOSED federal electoral boundary changes issued on Friday will see Hume lose large parts of its rural west.

MP Angus Taylor says he’s extremely disappointed to lose the towns of Yass, Young, Cootamundra, Harden, Grenfell and Cowra…. 

Mr Taylor said while pundits predicted change in the the State’s north, nobody had anticipated the scale of the AEC’s proposed boundary shifts in southern NSW, not even the Liberal Party.

The Guardian, 15 January 2016:

Figures published by the ABC’s election analyst, Antony Green, suggest the number of notionally Coalition seats in NSW will decline from 30 to 27 after the boundaries take effect, a development that is causing nervousness in Liberal ranks. The number of notionally Labor seats will increase from 18 to 20.

* AEC Media Release Augmented Electoral Commission decides names and boundaries of federal electoral divisions in New South Wales, 14 January 2016.

Classic Australian Irony: Song for Cardinal George Pell

https://youtu.be/WTi6nVO5VZc

Come home soon we miss you, Cardinal Pell

Commonwealth Ombudsman Annual Report 2014-2015 with a sidedish of Shorter Commonwealth Ombudsman

Wading through annual reports can be a bit of a chore so I give you some highlights from the Commonwealth Ombudsman Annual Report 2014-2015 with a Shorter Ombudsman cheat sheet for those unable to find time to read the full document:

Department of Human Services & Centrelink

In 2014–15 we received 8116 complaints about DHS programs. This represents a 21.5% increase against the 6682 complaints we received in 2013–14, largely as a result of the 26.5% increase in the number of Centrelink complaints. Complaints about the Centrelink program made up 77.4% of complaints about DHS, followed by 18.1% about the Child Support program. Of the remaining complaints, most were about Medicare and the early release of superannuation benefits programs…..

In 2013–14 DHS paid out $159.2 billion to customers in respect of programs across the Australian Government and ‘touched the lives of around 99 per cent of Australians’ through the delivery of payments and services.1 It is inevitable that errors and delays will occur in an operation of this scale. However, the potential for these errors to impact on the lives of a significant number….

In 2014–15 we received 6280 complaints about Centrelink, an increase of 26.5% on the 4966 we received in 2013–14. This increase follows two years of reduced complaints about Centrelink. While it reflects a greater number of complaints across the board, there has been a particular increase in complaints about difficulties accessing DHS services and its own phone and online complaints mechanisms. These issues are discussed in greater detail below under Implementation of recommendations in Centrelink Service Delivery report. During 2014–15 we investigated 8.7% of all finalised Centrelink complaints compared to the 10.7% we investigated during 2013–14. This reduction is largely explained by two factors; namely, an increase in the number of referrals to the DHS Feedback and Complaints service where a complainant has not already accessed it, and ‘warm transfers’ to DHS’s internal complaint service for resolution where a complainant is vulnerable or requires assistance to communicate their complaint. This ‘warm transfer’ process allows DHS the opportunity to resolve the complainant’s concerns in the first instance without the need for investigation by our office. At the time of transfer the complainant is invited to contact the Ombudsman again if they are dissatisfied or do not hear from Centrelink within the agreed timeframe.

Shorter Commonwealth Ombudsman: Centrelink service delivery sucks but don’t expect our department to do much about it.

Department Human Services & Department Veterans’ Affairs

From 1 July 2014, as part of ongoing reforms to the aged care system, the arrangements for calculating residential aged care fees changed, with DHS taking over responsibility from DSS for assessing those fees.

In late 2014 we received a cluster of complaints about delays in processing of fee assessment applications. People also complained about fee assessments that were affected by errors and instances where people were sent multiple but contradictory assessment letters.

The impacts of these issues varied. Some people were advised by the aged care facility that they were unable to secure a permanent place until they had received notification of an aged care assessment determination, while some were charged higher respite care fees until they received their assessment. Others paid a much higher fee to the provider than they were ultimately assessed to pay in their corrected assessment.

Many complainants raised concerns that the higher fees depleted their funds, forcing some to make hard decisions about as whether their loved one could remain in the aged care facility. They also complained about out-of-pocket expenses incurred from juggling finances while trying to meet the higher fees, pending receipt of a corrected assessment notification and subsequent reconciliation process with the aged care facility. Overpaid fees meant people needed to negotiate a refund with the provider, sometimes encountering resistance because providers were not prepared to review their fees until they had received advice from DHS of the possible refund amount.

Our investigations, and information provided at DHS briefings, highlighted issues with the quality and timeliness of the fee assessments and with the transfer of what we do COMMONWEALTH OMBUDSMAN ANNUAL REPORT 2014–2015 31 data relevant to the assessment.

Both DHS and DVA have been affected by system issues. DHS became aware of the issues shortly after implementation and applied a manual quality-checking process for every automated assessment letter it produced, replacing incorrect letters with manual letters.

At the time a lack of established communication protocols between DHS and DVA also added to the delay in resolving complaints and led to customers’ frustration as they ‘bounced’ between departments. Multiple aged care phone lines maintained by all three departments (DHS, DVA and DSS) further complicated complaint resolution. Our office met with DHS several times, and with DVA, to discuss the complaint issues.

Those discussions centred on the errors made, the fixes they had applied and the strategies DHS and DVA had put in place to rectify the communication barriers and establish interdepartmental complaint-handling processes.

We suggested that the departments invite any customers in that position to make a claim under the Compensation for the Detriment caused by Defective Administration (CDDA) scheme. DHS has agreed to include information about the CDDA scheme in its letters to affected customers. We also suggested that a comprehensive review into the multiple causes of the problems be undertaken so as to ensure they do not occur again in respect of this program or others. DHS has confirmed review processes were undertaken and that this information will be used to feed into future changes.

It has also committed to continue to engage with this office to support future change processes.

Shorter Commonwealth Ombudsman: When the Abbott Government changed the federal department responsible for processing aged care fee assessments things went pear shaped, but we fixed it.

Department of Human Services

Our last two Annual Reports mentioned the arrangements DHS has available to impose service restrictions on some customers to manage the way they interact with DHS. We are satisfied that in many cases this is a sensible practice, which aims to protect staff and other customers from risks presented by physical or verbal abuse.

However, we continue to receive complaints, albeit at a reduced rate, from DHS customers who are unhappy that their access to DHS services has been limited. Our investigations of these matters indicate that DHS generally manages these cases well. However, we consider that some areas of DHS’s administration of these arrangements could be improved. For example, recent complaints indicate that staff do not always clearly communicate the reasons and terms of the restrictions to customers, or record these in detail on DHS’s records.

Shorter Commonwealth Ombudsman: We are definitely not going to say that there may be some sly payback by Centrelink staff occurring from time to time.

Child Support

In 2014–15 we received 1468 complaints about Child Support, only a slight increase on 2013–14 when we received 1426. We classify the issues in the complaints we receive about Child Support according to whether the complaint was made by a payee (the person entitled to receive child support) or the payer (the person assessed to pay child support). As in previous years, we received just over twice as many complaints from payers (67.2% of all Child Support complaints) as from payees (30.7%).

During 2014–15 the proportion of complaints we investigated about Child Support dropped to 16.6%, compared to 18.4% in 2013–14. This continues the downward trend seen in past years resulting from our focus on encouraging complainants to allow DHS the opportunity to resolve their concerns in the first instance, either via complaints directly to DHS or via having their complaint warm transferred to DHS for priority response.

Shorter Commonwealth Ombudsman: We really wish that men behaving badly were not our problem.

Department of Employment

During 2014–15 our office saw a 53.1% increase in complaints about the Department of Employment with 344 complaints received this year compared to 224 in 2013–14. The majority of these complaints were recorded as being about the actions or decisions of job service providers.

From 1 July 2014 the Government commenced a phased process for ‘strengthening the jobseeker compliance framework’.

This process implemented arrangements to place a greater onus on jobseekers to engage with employment service providers and to impose more stringent consequences where they failed to complete these engagements without a good reason.

As part of these reforms, employment service providers have been empowered to recommend to DHS that a jobseeker’s income support payment be suspended where they have failed to attend an appointment without a good reason.

While the provider makes only a recommendation, as long as the jobseeker is in fact receiving an income support payment and is required to participate in job services, the DHS ICT system will then automatically apply the suspension.

During the past six months we have seen a spike in complaints about employment service providers where a jobseeker has their payment suspended as a result of a failure to attend an appointment, and then experiences difficulty in identifying whether DHS or the provider is responsible for assisting them to reconnect….

from 1 July 2015, job services providers are also able to recommend that DHS impose a financial penalty (in the form of a reduced income support payment) where a jobseeker has failed to attend an appointment….

We will be monitoring complaints in this area closely into 2015-16 to understand the practical implications for jobseekers, and will also engage with the Department of Employment and DHS to discuss their respective approaches to the new compliance arrangements.

Shorter Commonwealth Ombudsman: Trying to implement Abbott Government policy was a bit of a nightmare all round  – we  will follow closely on Prime Minister Turnbull’s watch.

Department of Social Security

The National Rental Affordability Scheme (NRAS), which commenced in 2008, is a partnership between the Commonwealth, state and territory governments which aims to increase the supply of new affordable rental housing and reduce rental costs for low and moderate income households by offering incentives to invest in dwellings.

The scheme is administered by DSS. Approved participants are entitled to an annual incentive in respect of each dwelling that satisfies certain NRAS requirements, such as letting the property at 20% or more below the market rent value.

The incentive is either a cash amount or a tax offset certificate that is issued to the Approved Participant and then distributed to the individual investor who owns the property. Approved Participants are usually property developers, not-for-profit organisations or community housing providers.

NRAS is designed so that DSS has a direct relationship with the Approved Participants, but not with individual investors.

In early to mid-2014 DSS became aware that its administration of the scheme was not consistent with the regulations.

DSS also assessed that a high proportion of the Approved Participants’ claims for the 2013–14 NRAS year were likely to be refused.

Shorter Commonwealth Ombudsman: Ooopps!