Australian Bureau of Statistics intends to hold the personal information of citizens for as long as they live or possibily longer if this has a purpose

First Dog on the Moon, 30 March 2016

On 18 December 2015 the Australian Bureau of Statistics (ABS) announced that in the national census to be held on Wednesday 8 August 2016 it would be retaining personal data of all respondents for the integration of census data with other survey and administrative data.

It the same month it released the Privacy Impact Assessment: Proposal to Retain Name and Address Information from Responses to the 2016 Census of Population and Housing.

Rather predictably this assessment concluded that; In relation to the proposed retention of names and addresses from responses to the 2016 Census, a small number of potential risks to personal privacy and public perception have been identified. This Assessment concludes that in each case, the likelihood of the risks eventuating is ‘very low’. It also concludes that the ABS has implemented robust processes to manage data and protect privacy, and that these arrangements effectively mitigate these risks. Any residual risks are such that the ABS is capable of managing.

The risks it is talking about are: (i) ABS staff may inadvertently or maliciously identify an individual; (ii) the database may be hacked; (iii) there may be accidental releases of name and/or address data in ABS outputs or through loss of work related IT equipment and IT documentation; and (iv) in the future, name and address information from responses to the 2016 Census may be used for purposes beyond what is currently contemplated by the ABS – such as the creation of mandatory national identification cards.

The “robust processes” being contemplated are predominately of the closing-the-door-after-the-horse-has-bolted variety.

The ABS also states that; For the 2016 Census, the ABS will destroy names and addresses when there is no longer any community benefit to their retention or four years after collection (i.e. August 2020), whichever is earliest.

The Anny blog observes; The introduction by ABS of Australian Census Longitudinal Dataset (ACLD)…..proves that mass re-tracing and re-linking is quite possible and achievable. Since 2006, Australian census is no longer just a “snapshot of a nation on census night” as ABS keeps telling us, it is a tool capable of continuous, life-long surveillance of every person in Australia. During 2011 census, ABS randomly chose 5% (over a million!) of Australian population and managed to link a staggering 82% of “de-identified” files between 2006 and 2011 censuses within that sample. 

To the best of my knowledge only two other OECD countries retain the personal census data of their citizens, permanent residents and overseas visitors, however a number keep permanent registers of residents’ names and addresses and/or use their nationals surveys for date integration.

The Canberra Times reported this on 20 May 2016:

Former ABS public servant Ross Hamilton says the bureau is no longer the trustworthy institution many Australians believe it is and he is prepared to face the full force of the law rather than participate in the 2016 census.

The Canberra resident says the ABS engaged in a dodgy process to obtain the unprecedented power to retain personal information gathered in the census to be taken in August and its promises that the data will only be held temporarily are worthless.

Since 1961, all names, addresses and other identifying information supplied in census forms have been destroyed once all the other data was saved.

But this year will be different with the ABS claiming its plan to keep the identifying data will enable "a richer and dynamic statistical picture of Australia".

Privacy activists have already warned of the dangers of retaining information, despite Chief Statistician David Kalisch insisting that names and addresses will be stored securely and separately from other census data. 

Now Mr Hamilton has added his voice to the protests, writing to Mr Kalisch and demanding answers about the bureau's claims that collected data would be over-written in four years.

"If the personal identifier address data-sets are to be over-written or replaced by data-sets from the 2020 census and so on, then to claim the retention of the 2016 data as only temporary is in fact a load of rubbish as it would have become continuing, updated data-sets," Mr Hamilton said. [my red bolding]

There are some common ways of avoiding filling in census forms according to the Australian Privacy Foundation:

o   Being absent from all households on the night of Tue 9 Aug 2011. (Although it may be cold that night)

o   If others in the household are submitting a return, telling them to leave you off it. (This may be a concern to one or more of the other people in the household)

o   Getting an envelope and a form, and sending a blank form in. (This will very likely result in successive re-visits from the collector, followed by threatening letters from the ABS. But if enough people were to do it, the volume might be such that the ABS may not be able to follow everyone up)

o   Getting an envelope and a form, and filling in nonsense data, at least in response to the questions you object to. (This is not appropriate for people who do not like to be forced to lie in order to protect their privacy)

o   If all persons in the household object to providing data, avoiding being at home when the Collector calls. (This will require great persistence, because Collectors and their supervisors are paid to chase, chase, and chase again)

o  Asking a series of questions about the security of the data, and saying that you'll provide the data once you have satisfactory answers. (The ABS is likely to eventually reply with carefully-composed and vague text that does not answer your questions. Ask the questions again. You may need to sustain your patience over many months until one side or the other gives up)

o   Refusing to provide the data. (The ABS has the power to prosecute, and to seek fines that the magistrate could choose to apply once, or for every day that the data is not provided)

The APF neither encourages nor discourages any of these approaches. (And it would be unwise for anyone to actively encourage their use, because that might be interpreted as an incitement to break the law).

But the APF believes that the information should be widely published, so that people are informed about the situation.

Also according to the Australian Privacy Foundation; In 2001, non-contact-dwellings were 156,460 (2.0%) [missing 1-3 people each = 300,000]…..

The ABS told Queensland Pride that 4,955 formal notices were sent to people directing them to fill out their census this year [2006]. Of these, approximately 4,000 completed forms were returned. Of those that weren’t, 278 people were later prosecuted. [No information was provided about the outcomes.] Penalty for failing to fill out the census form range from Good Behaviour Bonds to fines of up $500 plus court costs.

An ABS spokesperson said: “A person cannot simply pay the fine at the time of receiving the notice and not complete the form as the fine relates to an offence and, as the offence is a criminal one, it must be proved in a court of law.” (Qld Pride, 2 Nov 2007)

The legislated response to non-compliance is set out in the C’wealth Census and Statistics Act 1905 which states:

14  Failure to answer questions etc.

             (1)  A person commits an offence if:

                     (a)  the person is served a direction under subsection 10(4) or 11(2); and

                     (b)  the person fails to comply with the direction.

Penalty:  One penalty unit.

             (2)  Subsection (1) is an offence of strict liability.

Note 1:   For strict liability, see section 6.1 of the Criminal Code.

Note 2:   A person commits an offence in respect of each day until the person complies with the direction (see section 4K of the Crimes Act 1914).

             (3)  Subsection (1) does not apply in relation to a person’s failure to answer a question, or to supply particulars, relating to the person’s religious beliefs.

Note:     A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

15  False or misleading statements or information

                   A person commits an offence if:

                     (a)  the person:

                              (i)  is required, requested or directed to fill up and supply particulars under subsection 10(2), (3) or (4); or

                             (ii)  is requested or directed to answer a question under subsection 11(1) or (2); and

                     (b)  the person makes a statement, either orally or in writing, or provides a document containing information, in connection with the requirement, request or direction; and

                     (c)  the person knows that the statement or information is false or misleading in a material particular.

Penalty:  10 penalty units.

Des Euen holds a jaw dropping transport infrastucture "summit" in Casino

Des Euen as he appeared for much of his presentation

Clarence Forum image

Desmond John Thomas Euen, self-styled CEO of Australian Infrastructure Developments Pty Ltd¹ (a private company created in 2012 and having only three directors and six shareholders) decided to hold a “summit” in Casino on 2 June 2016 to display his plan for a ‘super port’ at Yamba.

It was an eye opening performance by the small handful of advertised keynote speakers² who actually took to the stage.

Euen told the attendees that:

*He was 66 years of age on 14 June 2016 and has kids and grandkids. [He ignored the elephant in the room which was his now unnaturally jet black hair];

* He is the owner of a successful national road transport business [to date North Coast Voices can find no online evidence of this business or the wealth Mr. Euen professes to have];

* He picked the name of his company because the initials would spell out AID – and the company wished to aid the environment and the economy. [Presumably it will do this by constructing 35 sq kms of loading docks and berths covering est. 27.2 per cent of the total Clarence River estuary area];

* The company had done no projects of any kind to date, this would be the first one;

* “I am a people person, I am compassionate”;

* Australian Infrastructure Developments is backed by companies who “have built half of Australia”;

* He was probably a victim of the “tall poppy syndrome” and his detractors are misleading people. “A person with 10 cents worth of knowledge becomes a dangerous person” not only to themselves but to everyone else;

* “You are the poor cousins” of the big cities and “you are now in the position to be a golden goose that lays the golden egg”;

* The port expansion will be financed by Chinese companies and Australian superannuation funds;

* “If the Australian Government supports it the [Chinese] money will be there”;

* The Turnbull Government had invited the Baird Government to sell-off public infrastructure and that federal government would match the sale price dollar for dollar;

* The government was looking for money to increase infrastructure not just Des Euen;

* His company will hold 35 per cent of shares in the company created to lease and manage the ‘new’ Port of Yamba and he is expecting a long lease - possibly 99 years;

* He has personally sunk $14 million into the port project;

* Cape size and Post-Panamax container and bulk shipping³ would be using the expanded port of Yamba;

* No Environmental Impact Statement covering the Clarence River estuary had even been commenced yet;

* no land has been brought;

* His company would supply environmental and tourism offsets to compensate for any loss occurring in the area covered by the port precinct. [Potential numbers and locations of these offsets were not specified];

* The will be no coal, no gas and no resources cargo going through the new port infrastructure, but he could not guarantee that once the port has been operational for a number of years [A pledge which was somewhat puzzling as only two months earlier Queensland Bauxite Limited was telling the Australia Stock Exchange that it had been in discussions with Mr. Euen with regard to Handymax ships eventually freighting its product overseas through the port⁴];

* The Port of Yamba would have the capacity to put 70 per cent of freight onto rail;

* He met with people from the NSW Dept. of Premier and Cabinet on the “day Barry O’Farrell resigned”. [Which would make that meeting on or about 17 April 2014];

* He has been in discussions with the Dept. of Defence with regard to the proposed port expansion but he can't talk about it;

* He expects the NSW Government will sign off on taking to this unsolicited proposal to Environmental Impact Statement level in about eight weeks’ time;

* He is pretty sure that a representative of Clarence Valley Council had been at the “Namoi council meeting” which discussed his rail and port plan⁵;

* Clarence fishing co-op representative wants the port expansion;

* He met with Clarence Valley Mayor, Richie Williamson, which he said the mayor now denies happened. [Or as one attendee recorded in notes of answers Euen gave in the Q&A session he also said - “If Richard Williamson was here today, I’d look at him face to face and call him a liar as that is exactly what he is”⁶];

* “If you people are reluctant to [stand up and create a legacy] I’m not”;

* He would only walk away from this project if the government, traditional custodians and the majority of northern New South Wales said no to the plan. [Which presumably means if Clarence Valley Council, Yaegl Local Aboriginal Land Council and/or Lower Clarence communities are in the minority in objecting to the environmental, cultural, social and economic rape of the estuary and the towns of Yamba, Iluka and Maclean he will ignore their refusal to support the proposal]; 

* He stated words to the effect that he wasn’t going to get into a discussion on “political correctness” when women in the audience individually objected to him repeatedly calling them dear and/or sweetheart. [These incidents were made remarkable by the number of times that his female assistant resorted to physically taking the microphone off him to stop his verbally aggressive responses]; and

* He told one woman attending that he wouldn’t have someone like her for a sweetheart anyway.

Euen’s fellow speakers told the room that:

* The Clarence River mouth needed to be dredged to restore the health of the river;

* People who object to the port expansion plan are probably NIMBYs;

* Des Euen will save us from the effects of climate change – he will save Australia;

* Des wants to end poverty;

* The new port and rail line would provide 1,000, 10,000, 100,000 jobs; and

* The "summit" is part of the company's a community consultation.

The “summit” primarily consisted of drawn-out, stream of consciousness ramblings by Mr. Euen and overall it failed to give any real detail of how the proposed port expansion and extensive railway system would be realised on the ground. A number of people who were at the event commented that his presentation was all about “Me, me, me”.

It was disturbing to hear Euen mock what he did not understand about the largely unregulated Clarence River and its natural processes and, it was obvious he didn’t understand that all coastal rivers are not identical and that the highly regulated river to which he was comparing it was a very different body of water.

The majority of questions asked during the Q&A session appeared to indicate levels of scepticism, concern and opposition to the Yamba super port plan within his audience.

The summit was abruptly ended by Des Euen hours before its scheduled 4pm finish. 

Including those individuals who accompanied Euen and some media representatives, attendance numbers didn’t exceed about sixty-two people.

It is worthwhile noting that when Des Euen got into a verbal exchange with one Woombah landowner during the Q&A session a designated “bouncer” began to suggest that the landowner keep quiet.

It will have come as no surprise to North Coast Voices readers to find that the next day The Daily Examiner reported:

GRAND PLAN: Des Euen (right), the man pushing a dramatic redevelopment of the Port of Yamba, is questioned by one of the people who attended the forum at Casino. David Moase

APPROVAL for work on an Environmental Impact Statement for a multi-billion project to turn the Port Of Yamba into an international freight centre could be granted in “about eight weeks”, according to the man behind the plan.

But that is news to Planning and Environment NSW, the department that would have to give the go-ahead for the EIS.

A spokeswoman said yesterday the proposal was not in front of the department and they didn’t know anything about it.

Des Euen this week outlined his plans to transform the Port of Yamba into Eastgate Port to handle containers, petrochemical products, agricultural commodities, heavy machinery, vehicle imports, forestry products and possible live cattle exports.

The port facilities would be linked to inland New South Wales by a rail line Mr Euen wants to build across the Great Dividing Range to Moree…..

“I put my money behind this project because I know transport and I know freight logistics, probably one of the foremost experts in Australia on it, even though the government might not like me and some other people might not like me……

A spokesperson from the Minister for Roads, Maritime and Freight said an unsolicited proposal for the project was sent to the NSW Government in 2014.

“An assessment was carried out and the proposal did not proceed any further.”

Perhaps the final word should go to Jase Sheaffy over at Facebook: "hung around for a few hours after the event , saw Des leave with some of his team and later saw him back at the club , maybe more talks with the potential investors , wasn't overly impressed with the presentation as the facts were all over the place and really don't need to know his life story which seemed to be the bulk of the presentation."

FOOTNOTES

1. AUSTRALIAN INFRASTRUCTURE DEVELOPMENTS PTY LTD

ACN: 160 159 222

ABN: 50160159222

Registered in: New South Wales

Registration date: 31/08/2012

Status: Registered

Company type: Australian Proprietary Company

Class: Limited By Shares

Subclass: Proprietary Company

Current Registered Address:

C/- NORTON ROSE FULLBRIGHT GROSVENOR PLACE, Level 18, 225 George Street, SYDNEY NSW 2000

Current Principal Place of Business:

IJR ACCOUNTING, Suite 6 Level 1, 1741 Pittwater Road, MONA VALE NSW 2103

Current Directors:

DESMOND JOHN THOMAS EUEN,  5 Shellbach Street, IPSWICH QLD 4305, Born: 14/06/1950, CARLTON, VIC, Appointment date: 31/08/2012

THOMAS CHOR WING CHIU, Suite 20, 1 Central Avenue, THORNLEIGH NSW 2120, Born: 26/11/1950, HONG KONG, HONG KONG Appointment date: 06/05/2015

LEE CHARLES PURVES, 23 Apple Gum Court, ROBINA QLD 4226, Born: 05/05/1989, SYDNEY, NSW Appointment date: 27/09/2015

Current Company Secretary:

DESMOND JOHN THOMAS EUEN

Current Shareholders:

DESMOND JOHN THOMAS EUEN,  5 Shellbach Street, IPSWICH QLD 4305 – 30,200,000 ordinary shares (beneficially held) and 387,350,000 (not beneficially held)

DEAKIN CAPITAL PTY LTD ACN: 128 036 831,  Suite 2, 3 Short Street, SOUTHPORT QLD 4215 – 74,000,000 ordinary shares (not beneficially held)

SUE MARIE CLARKIN, 5 Shellbach Street, IPSWICH QLD 4305 – 2,000,000 ordinary share (not beneficially held)

RICHARD WELLS, 930 Major West Road, COWRA NSW 2794 – 200,000 ordinary shares (beneficially held)

JANET KAYES, 74 Erskine Street, SYDNEY NSW 2000 – 200,000 ordinary shares (beneficially held)

JULIA HOLMES, 30 O'Flynn Street, LISMORE HEIGHTS NSW 2480 – 50,000 ordinary shares (beneficially held)

NOTE:

Beneficially held usually means that the owner of the shares is entitled to the direct benefit from the shares. For example, benefits could include the entitlements to payments in relation to any dividends.

Shares held by a person as trustee, nominee or on account of another person are non-beneficially held. (i.e. the member holds the share for the benefit of someone else). When a trustee or executor is listed as the holder of shares, the shares should be shown as not being beneficially held. This requirement does not apply to a listed company. [See http://asic.gov.au/for-business/running-a-company/shares/]

2. These were the advertised keynote speakers:

Mr. Des Euen A.I.D. CEO/Founder – spoke at length

Prof Thomas Chiu – A.I.D Chairman - spoke

Mr. Andrew Morrison CEO – Ecological Australia – spoke

Mr. Richard Wells (Senior Project Manager – Environment) – spoke in answer to questions from floor only

Aurecon Australia: Mr. Andrew Keith

Strategic NSW LGA Representatives

Mr. Andrew Ross: Consultant

Mr Luke Bodley: (President of Casino Chamber of Commerce)

Indigenous and other community representatives

Mr. Nathan Axelsson: Regional Development Australia (RDANI)

Supply Nation: (Indigenous Business Development)

Mr. Peter Stone: (Principal-Real Estate of Distinction)

3.  Post Panamax container and bulk vessels are typically at least 366m long, 49m wide with a draught of 15.2m and  Cape Size vessels are typically 280m long, 47m wide with a draft of 16m.

4. See http://www.asx.com.au/asxpdf/20160304/pdf/435lqnp45v0yyd.pdf. Handymax vessels are typically 150-200m in length.

5. No Clarence Valley Council representative is listed as attending the Namoi Councils Joint Organisation meeting at Gwydir on 5 May 2016.

6.  The Daily Examiner, 4 June 2016:

THE man pushing a multi-billion dollar proposal to turn Yamba into a major freight port, that has been described as "pie in the sky", has launched stinging attack on Clarence Valley Council Mayor Richie Williamson.

Des Euen called the mayor "an out and out bloody liar" during a question and answer session at a forum held in Casino to outline his plans.

The claim referred to events that followed a meeting Mr Euen said occurred about two and a half years ago in which he said he showed Cr Williamson, the council's manager environment, planning and community Des Schroder and at least one other person plans for the proposal.

He said the response was, "Wow, we didn't think this project had got that far, this is really something.

"A couple of weeks later somebody gets a bit of a whiff that we've had a meeting and Richie Williamson comes out and denies he even met me. Never met me? Hello? I'm not in the habit of telling lies."

He went on to say:

"Well I tell you something. If Richie Williamson was here today I'd look him right in the eye and say, "You're an out and out bloody liar" because that's exactly what he is.

"If he's the person in charge of taking your region through to create socio-economic development and look after your well-being then you better think again."

Cr Williamson yesterday rejected Mr Euen's claim, saying he had not denied the meeting......

"No Time For Tall Tales": Q&A Meet the Candidates Meeting, 6.30pm Lismore Town Hall 7 June 2016

Australian Federal Election 2016: what a fizza!

The FIZZA meme became a bit of a political buzzword in this election campaign and hit the streets under an image Prime Minister Malcolm Turnbull:

And courtesy of a little digital magic FIZZA also appeared on the rooftop of a certain Point Piper home.......  
                    

At one point the political meme morphed into street art......

Finally the image was emended to show authorization to comply with AEC rules during the 2016 federal election campaign......

Meet the artist.....



* All images found on Twitter

Oh, it's hard to be a pollie now that tax time is near

Herald Sun on the subject of Australian federal politicians and the tax they don't pay, 29 May 2016:

THE NUMBERS

■ Average tax deduction for MPs: $49,058*

■ Average salary: $264,305

■ Number of MPs: 845

Source: Australian Taxation Office 2013-14

Last year, the average taxable income was $180,507 for 722 MPs who had lodged claims to date.

By reducing the taxable income to $180,000 they are not paying the deficit levy, the top tax rate of 45 cents in the dollar or the higher Medicare Levy which would apply to their actual salary of $221,828.

By bringing their taxable income under $180,000 they are reducing their tax by around $20,000-a-year when the deficit levy, Medicare levy and the top tax rate is taken into account.

Source: Australian Taxation Office 2014-15

WHAT MPS CAN CLAIM

■ Federal and state MPs can claim all the normal deductions available to workers including negative gearing of investment properties, car leases and work related deductions.

There are also some added extras only politicians can claim including election expenses, electorate allowances and buying a second property to live in when in Canberra.

■ Election expenses

You can claim a deduction for election expenses but if you claim a deduction for any election expense you must include the reimbursement as income on your tax return.

Deductions include:

— advertising and promotional expenses incurred during the election period;

costs of election-related opinion polls or other research undertaken during the election period;

— travel and accommodation costs associated with the campaign;

— wages paid to persons employed for campaign purposes; costs of campaign novelty items — car stickers, T-shirts, lapel buttons or badges, pens, pencils or balloons;

■ Electorate Allowance

Federal MPs get an “Electorate allowance” of $32,000 as part of their salary. MPs need receipts and any cash is treated as taxable income. Allowable include the cost of presentations at school speech days, buying raffle tickets, gifts to sporting clubs and community groups and senior citizens awards and other donations. For example, an MP who spent $20,000 would secure an effective tax deduction of $20,000.

■ Second property not used as a Member’s residence

MPs can choose to rent or buy a property rather than stay in a hotel or other commercial establishment when travelling. A deduction is allowable for expenses including lease payments; rent; interest on borrowings used for the acquisition of the property; rates; taxes; insurance; general maintenance of the building, plant and grounds. The ATO argues the same rules apply to other taxpayers but not many other workers would fly to Canberra for 20 weeks a year and get a $271 allowance to sleep in their own investment property. MPs can choose to take the allowance tax-free and not claim a tax deduction. MPs who believe the costs of the investment property are more than the travel allowance of around $1,000 a week when Parliament is sitting can claim a deduction but must declare the allowance as income. MPs only do that if they know their costs would reduce their taxable income by the same amount or more.

Polling blues for Team Turnbull at the end of Week 4 of the 2016 Australian Federal election campaign

The Sydney Morning Herald, 3 June 2016:

It suggests voters are now genuinely considering throwing out a first-term federal government - an event that has not occurred since the dark days of the 1930s depression….

The nationwide phone survey of 1359 residents taken from Tuesday to Thursday , put Labor ahead on 51-49 after preferences, and showed Mr Turnbull's approval continuing to slide towards negative territory after record highs last November. His net approval now stands at plus-3 points - barely inside positive territory - against Bill Shorten who is unchanged on minus-6…..

If replicated at the election on July 2, the 49 per cent return for the Coalition would be the equivalent of a massive 4.5 per cent swing against it - enough to see it bundled from office in a humiliating defeat costing it as many as 23 seats.

While locally The Daily Examiner reported on the odds in the seat of Page, 3 June 2016:

THE BOOKIES are giving the seat of Page to the ALP less than a month out from the Federal election.

Online bookmaking firm sportsbet.com.au has the incumbent, the Nationals' Kevin Hogan, drifting out $1.30 favouritism to $2.15 and Labor's Janelle Saffin firming to $1.65 from $3.50 at the start of the campaign..

The bookmaker says the majority of punter support has been for Saffin, who was the Member for Page from 2007 -2013, with 5:6 bets heading her way.

The Greens have also been wound out from $16 to $51, with not a single bet coming for Kudra Falla-Ricketts.

Minor party candidates Bethany McAlpine, Mark Ellis and Anna Ludvick are all priced at $34 after being wound out from $26.

"Kevin Hogan was considered a lock-in for Page before Malcolm Turnbull called the election, but punters have turned," said sportsbet.com.au's Ben Bulmer.

"Janelle Saffin, who started the campaign as the outsider, is now the punters pick and the clear favourite to win back the seat."

Meme of the Week

Twitter meme

Quote of the Week

....he was in iluka IGA the other day but he had a groupie talking to people while he stood there playing on his phone. he didn’t even look at his 'voters' 20 May at 02:50

[Cavelle Whan's comment on Clarence Forum regarding Nationals MP for Page Kevin Hogan who is standing for re-election in July 2016]

Major parties accused of ignoring radiology in rebate freeze debate as patient gaps hit $100 on average

Medianet Release

31 May 2016 2:29 PM AEST

Rebate freeze debate ignores radiology as patient gaps hit $100

 Radiologists have accused both sides of politics of ignoring a looming health emergency, with patient gaps for scans such as X-rays, Ultrasounds, CTs and MRIs now averaging $100.

 While election debates focus on rebates for GP visits and pathology tests, the Australian Diagnostic Imaging Association (ADIA) says vital diagnostic imaging services are becoming more unaffordable for everyday Australians.

 "We've hit a regrettable milestone in Australia, with gap payments for diagnostic imaging services now averaging $100," said ADIA CEO Pattie Beerens.

 "People are rightly upset about the three year freeze on Medicare payments to GPs, but no-one is discussing the fact that patient rebates for diagnostic imaging have been frozen since 1998.

 "Bill Shorten is now on record saying that the Liberals' plan will jeopardise Medicare, bulk billing and the ability for people not to have to pay up front fees when they need a mammogram or x-ray - and that Labor will put people first.

 "That is encouraging in theory, but in practice neither side of politics has made a commitment that addresses the enormous squeeze on millions of patients needing scans."

 Ms Beerens said practices across Australia remained extremely concerned that the freeze on patient rebates for diagnostic imaging – which have been stagnant for 18 years and are scheduled to continue past 2020 – will continue to drive more patients away from essential diagnosis and treatment.

 "The fact is that most radiology practices are local businesses operating on thin margins. This squeeze has been going on for two decades, and it has to end," Ms Beerens said.

 "Patients don't just decide to have a scan, they have to be referred, but governments have cut so much money from the system that average Australians are being priced out of health care.

 "Sick people will avoid getting diagnosed, and that will create huge long-term problems for our health system."

Australian Attorney-General George Brandis lists some common breaches of the rights, freedoms and privileges recognised by the common law

Australian Attorney-General and Liberal Senator George Brandis has helpfully listed common breaches of a citizen’s rights, freedoms and privileges – the same rights, freedoms and privileges which coincidentally have been eroded in federal legislation enacted since 2001.

Excerpts from the Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Report 129) tabled on 2 March 2016:

Review of Commonwealth Laws for Consistency with Traditional Rights, Freedoms and Privileges

I, Senator the Hon George Brandis QC, Attorney-General of Australia, having regard to the rights, freedoms and privileges recognised by the common law, REFER to the Australian Law Reform Commission (ALRC) for inquiry and report pursuant to section 20(1) of the Australian Law Reform Commission Act 1996 (Cth):

· the identification of Commonwealth laws that encroach upon traditional rights, freedoms and privileges; and

· a critical examination of those laws to determine whether the encroachment upon those traditional rights, freedoms and privileges is appropriately justified.

For the purpose of the inquiry ‘laws that encroach upon traditional rights, freedoms and privileges’ are to be understood as laws that:

· reverse or shift the burden of proof;

· deny procedural fairness to persons affected by the exercise of public power;

· exclude the right to claim the privilege against self-incrimination;

· abrogate client legal privilege;

· apply strict or absolute liability to all physical elements of a criminal offence;

· interfere with freedom of speech;

· interfere with freedom of religion;

· interfere with vested property rights;

· interfere with freedom of association;

· interfere with freedom of movement;

· disregard common law protection of personal reputation;

· authorise the commission of a tort;

· inappropriately delegate legislative power to the Executive;

· give executive immunities a wide application;

· retrospectively change legal rights and obligations;

· create offences with retrospective application; 

· alter criminal law practices based on the principle of a fair trial;

· permit an appeal from an acquittal;

· restrict access to the courts; and

· interfere with any other similar legal right, freedom or privilege.

Scope of the reference

In undertaking this reference, the ALRC should include consideration of Commonwealth laws in the areas of, but not limited to:

· commercial and corporate regulation; · environmental regulation; and

· workplace relations.

The full report can be read here.

Australian Federal Election 2016: right-wing propaganda running wild

This scare campaign is looking suspiciously as though it is being made up as the proponents go along.

The Sydney Morning Herald, 23 May 2016:

Research intended for use in a bid to discredit Labor's negative gearing campaign was commissioned after a meeting between Scott Morrison and a close friend and senior figure in Australia's property industry.

But the draft report contains a series of factual errors and makes bold claims of a "resale price cliff" and "social dysfunction" that have alarmed some in the real estate industry to whom it has been circulated.

An email obtained by Fairfax Media shows Greg Paramor, the managing director of property company Folkestone, discussed the need for a study critiqueing Labor's policy with Brian Haratsis, the executive chairman of advisory firm MacroPlan Dimasi. Mr Paramor, who is a friend of Mr Morrison and former president of the Australian Property Council, made the request after his encounter with the Treasurer.

"Greg recently had the opportunity to meet with The Hon. Scott Morrison to discuss negative gearing," the email notes. "As a result of that meeting, Greg agreed to provide a report to the Treasurer – he asked Brian Haratsis to undertake a study on the impact of the proposed negative gearing changes."

The email, sent from an unnamed person inside Mr Paramor's company, was sent to senior industry figures last week.

It also asks for feedback as "the Treasurer is keen to get the report next week".

Entitled "Short Memory: Negative Gearing and Capital Gains Tax: Foundations of the New Australian Housing Model," the attached draft report is also presented with an alternative title: "Shortened Memory".

It claims Labor's policy would remove 205,000 dwellings from the rental housing stock over a decade, adding to housing stress. Asked why removing dwellings from the rental stock would add to housing stress when the dwellings would still be available for use, Mr Haratsis said the phrase was meant to refer to low-income rental dwellings.

Illustration: Ron Tandberg

The draft says Labor's policy would both make housing less affordable and create a "resale price cliff" as large numbers of apartments were sold at a loss. Mr Haratsis explained the apparent contradiction by saying the market was bifurcated and that different parts of it would react differently….

The Treasurer's office denied he had asked for a report to be prepared or that he or his office had received copies.

The report also says Australian governments would need to stump up an extra $3.3 billion per year for social housing and rent assistance should Labor's policy became law, more than the $3.2 billion per year it would raise.

The total economic cost of Labor's policy would be $5 billion per year, a reference Mr Haratsis said has since been removed from the document after acknowledging that it was arrived at by adding up payments without subtracting receipts.

"I am writing this as we go, and there are a number of references that you are looking at that won't be there in the final," he said. "I want to go back and recalculate the numbers."

Prepared in haste with what appears to have been a speech recognition program, the draft at one point refers to Labor's promise to "grandfather" the entitlements of existing investors as a promise to create "ground furthered" properties.

The leaking of the report potentially blunts another avenue of attack on Labor's plan to restrict negative gearing to new properties only and halve the capital gains tax discount to 25 per cent, which has been the subject of a fierce government scare campaign.

Mr Haratsis insisted it was his decision to initiate the report after his meeting with Mr Paramor, that he would fund the work himself and that it was planned for release next week - at which point "I could maybe give it to the Treasurer".

The report critiques organisations such as the Grattan Institute, which engages in "Robin Hood economics" and chooses to "ostracise high income individuals" instead of focusing on tax efficiency.

Short Memory Alternative Title – Shortened Memory by The Guardian