Thursday 23 August 2018
“Sneaky laws which declare you as guilty in the eyes of the law the minute the police say you are guilty” - Turnbull Government legislative overreach continues in 2018?
Sydney
Criminal Lawyers,
16 August 2018:
A Senate committee has
just given the Turnbull government the green light to nationalise a scheme that
allows government to seize citizens’ assets unless their legitimate origins can
be explained, even if the owner of the wealth hasn’t been charged with let
alone convicted of an offence.
On 6 August, the Senate
Legal and Constitutional Affairs Legislation Committee recommended that the federal government pass the Unexplained Wealth Legislation Amendment Bill 2018 without
any changes.
Unexplained wealth laws
currently exist in every Australian jurisdiction, but the new scheme provides a
broader model allowing for federal and state authorities to work in
collaboration across jurisdictional borders to target serious and organised
crime.
“The scale and
complexity of this criminal threat has necessitated an enhanced focus on
cooperative, cross-jurisdictional responses by Australian governments,” home
affairs minister Peter Dutton said in the second reading speech of the bill.
However, critics of the
scheme warn that existing unexplained wealth laws undermine the rule of law and
broadening their scope will lead to a further erosion of civil liberties. And
while these laws are meant to target untouchable crime bosses, they’re actually
being used against petty criminals.
Presumption of guilt
“These beefed-up laws
bring down all the secret surveillance and the swapping of scuttlebutt
masquerading as intelligence on everyone in Australia,” Civil Liberties Australia CEO
Bill Rowlings told Sydney Criminal Lawyers.
“The unexplained wealth
laws completely overturn the presumption of innocence, which is part of our
rule of law in Australia,” he continued. “They are sneaky laws which declare
you as guilty in the eyes of the law the minute the police say you are guilty.”
Unexplained wealth laws
are a recent development in Australia. But, unlike other
proceeds of crime laws that allow for the confiscation of assets derived from
prosecuted criminal acts, unexplained wealth places the onus upon the
individual to prove their wealth was legally acquired.
“People don’t
understand, under these laws the government can confiscate your assets even if
you haven’t been found guilty of anything,” Mr Rowlings stressed.
Broadening the reach
The current Commonwealth
unexplained wealth laws were introduced in 2010 via amendments made to
the Proceeds of Crime Act 2002 (Cth) (the Act).
These laws apply where
there are “reasonable grounds to suspect” an individual’s assets have been
derived from a committed federal
offence, “a foreign indictable offence or a state offence that has a
federal aspect.”
There are three sorts of
orders that can be sought in relation to unexplained wealth. Section 20A of the Act provides that a court can issue
an unexplained wealth restraining order, which is an interim order that
restricts an individual’s ability to dispose of property.
Section 179B of the Act allows for the issuance of a
preliminary order, which requires a person to appear in court to prove their
wealth is legitimate. And under section 179E, an order can be issued requiring that the
payment of an amount of wealth deemed unlawful be made to the government.
The new legislation
amends sections 20A and 179E, so that these orders can be issued in respect to
relevant offences of participating states, as well as in relation to territory
offences. Relevant state offences will be outlined in state legislation that
enables participation in the national scheme.
Sharing it around
The legislation broadens
the access authorities have to an individual’s banking information in relation
to an unexplained wealth investigation.
Section 213 of the Act allows certain authorised
Commonwealth officers to issue access notices to financial institutions. This
provision will now be extended to states and territory law enforcement
agencies.
Proposed section 297C of
the Act outlines how federal, state and territory governments will divvy up the
seized wealth. A subcommittee will be established to distribute the money. And
while any state that opts out of the scheme will be eligible for a share, it
will be a less favourable amount.
The legislation also
makes amendments to the sharing of information provisions contained in
the Telecommunications (Interception and Access) Act 1979.…..
Backdoor revenue raising
The NSW government has
already introduced legislation into parliament, which enables that state
to participate in the national scheme. The legislation sets out that the
relevant offences the laws apply to are set out in section 6(2) of the Criminal Assets Recovery Act 1990.
NSW police minister Troy
Grant told parliament that the legislation allows the state to refer matters to
the Commonwealth, which then authorises the Australian federal police to use
certain NSW offences as a basis for the confiscation of unexplained wealth.
But, Mr Rowlings states
that the nationalising of the scheme will actually streamline a process that
sees the unwarranted confiscation of wealth to prop up government coffers.
“The cash seized is
paying for extra government lawyers to help seize more cash,” Mr Rowlings made
clear, “so it’s a devious upward spiral where more and more unconvicted people
will have their assets taken, and then have to prove their innocence or the
government gets their assets.”
Read the full
article here.
Corruption in the Australian public sector
All three
tiers of government in Australia have recorded instances where public service employees allegedly participate in potentially criminal activity.
Here is the
most recent……
WA Crime and Corruption Commission, 16 August 2018:
The Corruption and Crime
Commission (CCC) has today tabled in State Parliament a comprehensive report
into corrupt activity at the North Metropolitan Health Service (NMHS) that went
undetected for up to a decade.
The Report into bribery
and corruption in maintenance and service contracts within North Metropolitan
Health Service highlights serious misconduct at its most shocking – corrupt
relationships between the private and public sectors resulting in the gross
misuse and fraudulent misappropriation of hundreds of thousands of dollars of
public funds.
The Commission heard
evidence of corruption and serious misconduct involving public officers who:
• accepted
tens of thousands of dollars in gifts of interstate and overseas travel and
accommodation from contractors in return for awarding them work;
• accepted
tens of thousands of dollars in gifts of expensive restaurant meals,
entertainment, alcohol and other gratuities in return for awarding work;
• received
thousands of dollars in cash payments from contractors in return for awarding
them continued work;
• facilitated
contractors to fraudulently invoice NMHS to cover the costs of the corrupt
benefits of travel, accommodation, meals, entertainment and cash they received;
• colluded
with particular contractors in 'bid rigging' activities for the purpose of subverting
the WA Health and NMHS procurement processes; and
• a
senior public officer used contractors to renovate his private residence at a
discount and then facilitated the building contractors to fraudulently invoice
NMHS approximately $170,000 for works carried out on his private residence.
The Report recommends
that prosecuting authorities consider preferring criminal charges against three
former public servants (including a former Executive Director of Facilities
Management at NMHS and a former Executive Director of Perth Children’s Hospital
Service Integration) and no fewer than 10 private sector contractors.
Read the full media
release
Download the Report
ABC
News, 16 August
2018:
Senior WA Health
bureaucrats corruptly reaped hundreds of thousands of dollars in gifts and
travel paid for by contractors in exchange for winning work on Government
projects, an explosive new report has found.
One senior bureaucrat
allowed contractors to fraudulently bill the North Metropolitan Health
Service (NMHS) for $170,000 in renovations carried out on his private home,
while he and another accepted benefits that included overseas travel,
restaurant meals, entertainment, cash bribes and alcohol in exchange for the
awarding of government contracts.
The Corruption and Crime
Commission began investigating after a tip-off from a junior whistleblower
within the department in 2014.
Its report recommends
charges be considered against three former senior health bureaucrats and nearly
a dozen contractors, for what was described as sustained efforts to engage in
and cover up bribery.
The report named former
NMHS executive directors John Fullerton and David Mulligan, as well as former
facilities development manager Shaun Ensor, as the bureaucrats involved in the
corrupt conduct.
"This report
details more than a decade of corrupt conduct reaching into senior levels
within WA Health," the CCC report stated.
"It exposes a culture
of contractors freely giving gifts and benefits to public officers, with the
expectation of thereby winning work and recovering the costs of the gifts
through fraud.
The report uncovered
extensive efforts by contractors to shower Mr Fullerton with gifts and other
benefits in exchange for government work.
Examples of corruption
found by the CCC:
Lavish
lunches at restaurants including Nobu, Rockpool and Coco's totalling more than
$50,000
A
three-week business-class trip to the UK for Mr Fullerton and his wife, Jacqui
A
business-class trip for the Fullertons to Canada to attend their son's wedding
A
three-week US holiday for Mr and Mrs Fullerton
Annual
trips to Melbourne for Mr and Mrs Fullerton
Trips
to Canada, Bali, Hong Kong, China and Dubai for Mr Fullerton and his wife
An
all-expenses paid trip to the UK for Mr Mulligan
A
night at the Galaxy nightclub including paid hostesses
Melbourne
Cup lunches and AFL grand final tickets
Gifts
of cologne, shoes, business suits and shirts worth thousands of dollars
Cash
payments of more than $25,000
Over about a decade, Mr
Fullerton received thousands of dollars in cash and $150,000 in gifts including
flights, meals, perfume and clothes paid for by contractors, according to the
report.
"In return, those
contractors obtained regular work at NMHS," the report stated.
"For the majority
of contractors, this was the price of doing business with Mr Fullerton."……
The CCC said prosecution
should be considered for 10 contractors involved in the corruption, as well as
the three senior bureaucrats.
"On occasion, money added to NMHS invoices [was]
purely for greed rather than to recoup money spent on 'gifts'," the report
stated.
CCC commissioner John
McKechnie said covert surveillance discovered some of those involved discussing
plans to destroy evidence and create falsified records to cover up their
wrongdoing.
"It's staggering,
the extent of this in North Metro Health and the fact it has continued for so
long," Mr McKechnie said.
"We think serious
consideration should be given to prosecuting not only the public officers but
some of the contractors.”
BACKGROUND
Australian
Criminal Intelligence Commission, 17 July 2018:
Public sector corruption
refers to the misuse of public power or position with an expectation of undue
private gain or advantage (for self or others). It may include:
bribery
embezzlement
fraud
extortion
trading
in influence
perverting
the course of justice
exchanging
goods for money or information.
Corrupt conduct can
occur directly through the improper or unlawful actions of public sector
officials, or through the actions of individuals operating in the private
sector who attempt to inappropriately influence the functions of
government.
Organised crime groups
try to corrupt public officials to gain access to public funds, information,
protection and other services to facilitate criminal activities. These
officials are likely to be from law enforcement agencies, border agencies, and
agencies that issue identification documents.
Corruption has a serious
impact on government, industry and national security. It prejudices the rule of
law and distorts markets. It can inhibit foreign investment and international
credit ratings and damages Australia’s reputation as a safe reliable economy in
which to invest and trade. It can also harm cooperation and relations with
foreign governments and law enforcement agencies.
Corruption of public
sector officials has substantial multiplier effects and benefits for organised
crime. There may be significant links between corruption in the public sector
and organised crime groups that, by their very nature, remain hidden. The key
challenge in identifying and investigating corruption is that corrupt conduct
occurs in secret, between consenting parties who are frequently skilled at
deception.
Labels:
Australian society,
corruption,
public sector
Wednesday 22 August 2018
A definitive list of the far right nutters within the current federal Liberal Party?
Sky News stated this as a list of those in the Liberal party room who backed, then Minister for Home Affairs and now backbencher, Peter Dutton's attempt to overthrow Australian Prime Minister Malcolm Turnbull:
A Who’s Who of those voting against Malcolm Bligh Turnbull in the Liberal party room leadership ballot on 21 August 2018:
Peter Dutton himself,
Michael Sukkar, MP for Deakin (Vic) & Assistant Minister to the Treasurer,
Greg Hunt, MP for Flinders (Vic) & Minister for Health,
Tony Abbott, MP for Warringah (NSW) & former sacked prime minister,
Zed Seselja, Senator for ACT & Assistant Minister for Science, Jobs and Innovation,
Steven Ciobo, MP for Moncrieff (Qld) & Minister for Trade, Tourism and Investment,
Michael Keenan, MP for Stirling (WA) & Minister for Human Services,
Alan Tudge, MP for Aston (Vic) & Minister for Human Services,
Angus Taylor, MP for Hume (NSW) & Minister for Law Enforcement and Cyber Security,
Concetta Fierravanti-Wells, Senator for NSW & Minister for International Development and the Pacific,
Tony Pasin, MP for Barker (SA),
Jason Wood, MP for La Trobe (Vic),
Andrew Hastie, MP for Canning (WA),
Kevin Andrews, MP for Menzies (Vic),
Eric Abetz, Senator for Tasmania,
Ted O'Brien, MP for Fairfax (Qld),
Amanda Stoker, Senator for Queensland,
Andrew Wallace, MP for Fisher (Qld),
Karen Andrews, MP for McPherson(Qld),
Jim Molan, Senator for NSW,
Luke Howarth, MP for Petrie (Qld),
Nicole Flint, MP for Boothby (SA),
James Paterson, Senator for Victoria,
David Bushby, Senator for Tasmania,
Ross Vasta, MP for Bonner (Qld),
Ben Morton, MP for Tangney (WA),
James McGrath, Senator for Queensland,
Rick Wilson, MP for O'Connor (WA),
Scott Buchholz, MP for Wright (Qld),
David Fawcett, Senator for SA,
Dean Smith, Senator for WA,
Ian Goodenough, MP for Moore (WA),
Andrew Laming, MP for Bowman (Qld),
Jonathan Duniam, Senator for Tasmania,
Bert Van Manen, MP for Forde (Qld).
What a gathering of 'entitled' climate change denialists, followers of King Coal, members of the IPA, homophobes and hardened welfare recipient bashers.
All in all, a handy list of who not to vote for at the forthcoming federal election if one prefers a world where Peter Dutton never becomes Prime Minister of Australia.
And the warnings continue about My Health Record.....
Financial
Review, 13 August 2018:
One of the world's
leading experts in cyber security policy has warned the manipulation of health
data is one of his biggest concerns facing society, as debate continues to
rage about the long-term viability of the government's controversial opt-out My
Health Record.
Former Pentagon chief
strategy officer for cyber policy and newly appointed head of cyber security
strategy for data centre security company Illumio, Jonathan Reiber,
told The Australian Financial Review the health data of MPs and
business leaders would be of particular interest to cyber criminals.
"If I'm a malicious
actor wanting to cause discontent, I would be interested in that," he
said.
"If you get access
to the health information of key leaders, you can understand what they like,
who they are and what their problems are. [Cyber criminals] would want to look
at a segment of 50 to 100 key leaders in the country, figure out data for
intelligence purposes and then manipulate the data for the negative."
Earlier this month
Health Minister Greg Hunt announced that the government would redraft the
legislation surrounding My Health Record to restrict police access and allow
records to be deleted permanently.
He had previously
copped criticism for saying the digital health database had "military-grade security",
despite not having two-factor authentication protocols.
The
Sydney Morning Herald,
14 August 2018:
Labor's health
spokeswoman Catherine King said the government's decision to switch to an
opt-out model, which Labor originally supported, gave rise to "a whole
range of significant privacy and security issues that we don't think were
thought of in the original enabling legislation".
"Are they then able
to opt-out when they become adults? What's happening in terms of survivors of
domestic violence and the capacity through the creation of a record by an
abusing partner, of a record for their children or agreement to a record for
their children, what security is in place to ensure that they are not
traced?"
Legal experts have
warned that the system provides a loophole for a violent person to create
a record for their child without their ex-partner's consent, potentially
allowing them to track down their estranged family's location, as revealed by
Fairfax Media last month.
Ms King also highlighted
concerns raised about access to medical records by health insurers, including
in relation to worker’s compensation claims, which the government has said will
not occur.
"We want to make
sure that's not the case and we want to make sure that's not the case under the
law," she said.
Some people may find
their My Health Record places them at risk of stigma and discrimination or may
cause safety issues.
You may wish to
carefully consider whether you want your health records held or shared if you:
*
have a criminal record or are affected by the criminal justice system
*
use or have used drugs
*
live with a lifelong transmissible condition such as HIV or hepatitis B
*
have or had hepatitis C
*
are not on treatment after it was recommended
*
are sexually active and test regularly for STIs
*
are or have been a sex worker
*
are transgender or intersex
*
are bisexual, lesbian or gay
*
have lived with mental health issues
*
have been pregnant or terminated a pregnancy
*
are a health care worker.
Gloucester community's landmark climate change case began in NSW Land & Environment Court, August 2018
Environmental
Defenders Office NSW,
14 August 2018:
CASE SUMMARY
Gloucester Resources Ltd and Stratford Pty Ltd
v Groundswell Gloucester and Dept of Planning & Environment
The Client: Groundswell Gloucester, a residents’ community group concerned with the environmental, social and economic future of the Stroud Gloucester Valley near Barrington Tops in the upper Hunter.
The Case: Represented by EDO NSW, Groundswell Gloucester was joined to proceedings that will determine the fate of the Rocky Hill Coal project, a greenfield open-cut coal mine less than 5km from Gloucester township.
Representation: Matt Floro, solicitor for EDO NSW, has carriage of this matter for Groundswell Gloucester and our Principal Solicitor, Elaine Johnson, is the solicitor on record. We are grateful to barrister Robert White for his assistance in this matter.
Experts: Emeritus Professor Will Steffen will for the first time give evidence in an Australian court that no new fossil fuel developments can be approved if we are to avoid overspending our carbon budget. Professor Steffen is a Climate Councillor on the Climate Council of Australia, Member of the ACT Government’s Climate Change Council, and was previously a Climate Commissioner on the Australian Government’s Climate Commission.
Energy analyst Tim Buckley will explain the financial mechanisms and market changes that are driving investments away from coal and creating a risk that Rocky Hill will become a stranded asset. Tim Buckley is Director of Energy Finance Studies, Australasia, Institute of Energy Economics and Financial Analysis.
60 community objectors include farmers, doctors, Traditional Owners and young people. This is also the first time in an Australian court that young people will talk about the impact of climate change and the impact of the mine on their communities, and future generations.
Timeline:
v Groundswell Gloucester and Dept of Planning & Environment
The Client: Groundswell Gloucester, a residents’ community group concerned with the environmental, social and economic future of the Stroud Gloucester Valley near Barrington Tops in the upper Hunter.
The Case: Represented by EDO NSW, Groundswell Gloucester was joined to proceedings that will determine the fate of the Rocky Hill Coal project, a greenfield open-cut coal mine less than 5km from Gloucester township.
Representation: Matt Floro, solicitor for EDO NSW, has carriage of this matter for Groundswell Gloucester and our Principal Solicitor, Elaine Johnson, is the solicitor on record. We are grateful to barrister Robert White for his assistance in this matter.
Experts: Emeritus Professor Will Steffen will for the first time give evidence in an Australian court that no new fossil fuel developments can be approved if we are to avoid overspending our carbon budget. Professor Steffen is a Climate Councillor on the Climate Council of Australia, Member of the ACT Government’s Climate Change Council, and was previously a Climate Commissioner on the Australian Government’s Climate Commission.
Energy analyst Tim Buckley will explain the financial mechanisms and market changes that are driving investments away from coal and creating a risk that Rocky Hill will become a stranded asset. Tim Buckley is Director of Energy Finance Studies, Australasia, Institute of Energy Economics and Financial Analysis.
60 community objectors include farmers, doctors, Traditional Owners and young people. This is also the first time in an Australian court that young people will talk about the impact of climate change and the impact of the mine on their communities, and future generations.
Timeline:
2016 -
Community celebrations after AGL withdraws its application to drill
330 coal seam gas extraction wells in the area.
December 2017 - celebrations continue when the Planning Assessment Commission (PAC) refuses consent to the Rocky Hill Coal Project proposed by Gloucester Resources Limited (GRL). The PAC found that the mine was not in the public interest because of its proximity to the town of Gloucester, significant visual impact and direct contravention of the area’s zoning plans.
The PAC also refuses consent to a Modification of the consent for the nearby Stratford mine - operated by a related company of Yancoal Australia Limited - that proposed the receipt, processing and railing of coal from the Project. The PAC found that the Modification would have no critical purpose or utility outside the Project.
Planning Minister grants both mining companies the right to appeal the refusal of consent to the Land and Environment Court.
February 2018 - Our client, Groundswell Gloucester, seeks to be joined to the proceedings.
April 2018 - following a full-day hearing, the Land and Environment Court orders that Groundswell Gloucester be joined to the proceedings brought by GRL.
In relation to the climate change ground, on joining Groundswell Gloucester, the Court noted that:
“GRL submits that the raising of the climate issue as proposed in a domestic Court if the Intervener were joined would not serve the purpose of improving this particular planning decision; and, instead, would be a “side show and a distraction”. I do not agree.”
Our client has been permitted by the Court to present expert evidence on climate change and the social impacts of this new mine. The Court will hear anthropological evidence about the social impact of mining on the community.
This is the first time an Australian court will hear expert evidence about the urgent need to stay within the global carbon budget in the context of a proposed new coal mine.
Key dates:
13-14 August 2018
Opening submissions at the Land and Environment Court, Macquarie Street, Sydney
15 August 2018
Site visit (parties only) Gloucester
16-17 August 2018
Hearings in Gloucester (community objectors)
20-24 & 27-31 August 2018
Submissions and expert witnesses at the Land and Environment Court, Macquarie Street, Sydney
December 2017 - celebrations continue when the Planning Assessment Commission (PAC) refuses consent to the Rocky Hill Coal Project proposed by Gloucester Resources Limited (GRL). The PAC found that the mine was not in the public interest because of its proximity to the town of Gloucester, significant visual impact and direct contravention of the area’s zoning plans.
The PAC also refuses consent to a Modification of the consent for the nearby Stratford mine - operated by a related company of Yancoal Australia Limited - that proposed the receipt, processing and railing of coal from the Project. The PAC found that the Modification would have no critical purpose or utility outside the Project.
Planning Minister grants both mining companies the right to appeal the refusal of consent to the Land and Environment Court.
February 2018 - Our client, Groundswell Gloucester, seeks to be joined to the proceedings.
April 2018 - following a full-day hearing, the Land and Environment Court orders that Groundswell Gloucester be joined to the proceedings brought by GRL.
In relation to the climate change ground, on joining Groundswell Gloucester, the Court noted that:
“GRL submits that the raising of the climate issue as proposed in a domestic Court if the Intervener were joined would not serve the purpose of improving this particular planning decision; and, instead, would be a “side show and a distraction”. I do not agree.”
Our client has been permitted by the Court to present expert evidence on climate change and the social impacts of this new mine. The Court will hear anthropological evidence about the social impact of mining on the community.
This is the first time an Australian court will hear expert evidence about the urgent need to stay within the global carbon budget in the context of a proposed new coal mine.
Key dates:
13-14 August 2018
Opening submissions at the Land and Environment Court, Macquarie Street, Sydney
15 August 2018
Site visit (parties only) Gloucester
16-17 August 2018
Hearings in Gloucester (community objectors)
20-24 & 27-31 August 2018
Submissions and expert witnesses at the Land and Environment Court, Macquarie Street, Sydney
Background
This is the first
hearing of its kind since the historic Paris Agreement in which a superior
jurisdiction Australian court will hear expert testimony about climate change,
the carbon budget and the impacts of the burning of fossil fuels.
For years EDO NSW has supported the Gloucester community, providing legal and scientific advice. This contributed to a recommendation from the Department of Planning and Environment (DPE) in 2016 to the Planning Assessment Commission (PAC) to refuse GRL’s greenfield mine application, known as the Rocky Hill Coal Project (the Project) and the associated Stratford modification.
In December 2017, the Planning Assessment Commission (PAC) refused consent to the Project and the modification, finding they were not in the public interest because of proximity to the town of Gloucester, significant visual impact and the area’s zoning under planning laws.
In deciding how the Project and modification would be assessed, the NSW Minister for Planning granted unusual merit appeal rights to GRL and Yancoal who are now joined together in aggressively challenging the refusal in the Land and Environment Court.
Both coal companies have recruited their own legal and scientific teams. However Groundswell Gloucester was not told about the merit appeal until February, two months after GRL filed the case.
EDO NSW case page: www.edonsw.org.au/groundswell
For years EDO NSW has supported the Gloucester community, providing legal and scientific advice. This contributed to a recommendation from the Department of Planning and Environment (DPE) in 2016 to the Planning Assessment Commission (PAC) to refuse GRL’s greenfield mine application, known as the Rocky Hill Coal Project (the Project) and the associated Stratford modification.
In December 2017, the Planning Assessment Commission (PAC) refused consent to the Project and the modification, finding they were not in the public interest because of proximity to the town of Gloucester, significant visual impact and the area’s zoning under planning laws.
In deciding how the Project and modification would be assessed, the NSW Minister for Planning granted unusual merit appeal rights to GRL and Yancoal who are now joined together in aggressively challenging the refusal in the Land and Environment Court.
Both coal companies have recruited their own legal and scientific teams. However Groundswell Gloucester was not told about the merit appeal until February, two months after GRL filed the case.
EDO NSW case page: www.edonsw.org.au/groundswell
~~~~~~~~~~~~~~~~~~~~
Concerned
citizens can donate to the Environmental
Defence Fund here.
Tuesday 21 August 2018
William Fraser Anning - an ugly aspect of far-right politics in Australia
The Sydney Morning Herald, Fraser Anning |
William
Fraser Anning then a member of
Pauline Hanson’s One Nation Party was declared elected to the Australian
Senate on 10 November 2017,
as a replacement
for the recently disqualified dual citizen Malcolm
Ieuan Roberts.
Less than
seven months later he had joined Katter’s Australian Party.
In the 2016
general election Anning had received a
grand total of 19 votes (59 if transferred votes are counted) out of a possible 2.72 million Queensland ballots cast. The Queensland electorate had firmly rejected him.
Hansard shows that at 17:06pm on Wednesday 14
August 2018, nine months after taking up his seat, Anning made his formal First Speech on the floor of the Senate.
This is how The
Sydney Morning Herald reported this speech on 14 August 2018:
Queensland senator
Fraser Anning has praised the White Australia Policy and called for a
plebiscite as "the final solution to the immigration problem" in the
most inflammatory maiden speech to an Australian Parliament since One Nation
leader Pauline Hanson's in 1996.
The Katter's Australian
Party senator, formerly of One Nation, used his first speech to the Senate on
Tuesday to lament the demise of "our predominantly European identity"
of the 1950s and '60s.
The
Guardian’s opinion
piece on 15 August 2018 pointed out the dangers before us:
Fraser Anning is in the
parliament by accident. Having fluked his way into the Senate chamber because
One Nation needed a replacement for Malcolm Roberts, he now wants your
attention, and judging by his
performance in the Senate on Tuesday night, he doesn’t care what lines he
crosses to get it.
What we are witnessing
in national politics is the latest manifestation of Australia’s cultural
cringe. Far right political operatives, and the media voices prepared to give
them succour, are importing the nationalist debates that have sprung up in the
shadow of the global
financial crisis – the biggest economic dislocation since the great
depression.
We are building our own
tinder box, bit by bit.
Debates about race, and
sovereignty, and immigration have caught fire elsewhere because of deep
resentments felt by the losers of globalisation. Australia
didn’t suffer the biting effects of the global financial crisis, and the
prolonged economic downturn that followed it. By comparison to the visceral
experiences elsewhere, in this country we experienced a chilly, stiff breeze.
Notwithstanding these
facts, we are importing the outrage consciousness that exists elsewhere,
validating it, willingly projecting an alternate reality onto our own domestic
circumstances as a grotesque form of entertainment.
We are building our own
tinder box, bit by bit.
This would be pathetic.
Almost laughable. Except in terms of race and politics, we are now in the most
explosive period we’ve been in since John Howard sailed into choppy waters with
his feelings on Asian immigration in the 1980s.
There is nothing to
laugh about. Right now, there are all the ingredients of a perfect storm.
The first ingredient is
a fractured bunch of far-right leaning political voices in mortal competition
with one another for votes. The last 24 hours has been a public competition
between Anning, and his new running mate Bob Katter, and One Nation, for
attention. Anning and Katter apparently want to establish a new beach
head, charting
territory where Pauline won’t follow. Just let that happy thought settle on
you for a minute or two.
The second ingredient is
a polity profoundly disaffected by the repeated failings and default narcissism
of Australia’s major party politics, frustrated by their congested cities and
low wages growth and by governments who spent more time fighting their
fractured internals than navigating the future. The third is a
disrupted media landscape where conflict – the louder and more notorious the
better – is hard currency.
Fraser Anning used his
first speech to parliament to spin his own obscurity into notoriety: to try on
a troll suit in full public view.
The
Monthly spoke of Anning as "unrepresentative", "accidental swill" on 15
August 2018:
Fraser Anning’s
execrable first speech in the Senate yesterday, proposing a “final solution” on
Muslim immigration, marks a new low for Australian politics, but assuredly not
for long. Things are likely to get worse before they get better, as a bunch of
illegitimate right-wing nobodies in the Senate compete for race-hate shock
value in the lead-up to the next election. The combination of a double
dissolution in 2016 and the citizenship crisis has burdened us with the least
representative Senate in living memory. The crossbench is populated by senators
who won on the donkey vote, defected, were elected on a countback or were hand-picked
mid-term and are yet to face the people. Most face electoral oblivion in 2019.
We are used to hearing of “unrepresentative swill” in the Senate, where one
vote, one value has never applied, but a record number of our current senators
literally don’t deserve to be there. Call them accidental swill.
Anning’s speech, in
which he called for a return to the White Australia policy, did not come out of
the blue. We have been building up to this steadily. From Pauline Hanson’s
return to parliament, to Tony Abbott’s dog-whistling on immigration policy, to
Peter Dutton’s attacks on “African gangs”, to Andrew Bolt’s comments
about Chinese, Cambodian, Indian and Jewish communities“changing
our culture”, to Sky News airing an interview with neo-Nazi Blair Cottrell, the
trend is clear: we are sliding ever-faster down a slippery slope towards an
ugly, divisive race-card election.
Although his
formal first speech was somewhat tardy, according to They
Vote For You Anning has been busy voting strongly in support of:
On 14 August 2018 lawyer Richard McGilvray, an adviser to Senator Anning, resigned his position in protest.
Posting on Linkedin that: "I do not condone SenatorAnning's speech. His reference to 'the Final Solution' was not something I had seen, heard of, or discussed prior to his remarks last night and as a consequence, within hours of Senator Anning's speech, I resigned my position effective immediately. I'd like to thank many of you for your messages of support and encouragement this morning."
As is to be expected Anning's speech has been fact checked and found to contain numerous errors.
To date, Senator Anning has not issued an apology for elements of that speech.
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