Creating the Digital Australia Card in 2016: ABS Census has holes in its security fence

Hard copy version of the Australia Card

  a national identity card rejected by the Australian population in 1987

The aim of the Census of Population and Housing is to collect accurate data on the key characteristics of the people in Australia on Census night, and the dwellings in which they live.

However, on  census night 2016 (and every national census thereafter) the names and addresses of those completing the compulsory national survey, along with the names of others in the same household, will be retained to allow data matching across as many agencies as the Australian Bureau of Statistics will from time to time decide it requires to form a complete longitudinal profile of every person living in this country.

Given that the census requires all questions to be answered on pain of a legally enforceable penalty and given that the questions asked are of an intimate nature - including a person's bathing and toileting regime (Question 20) - I do not think it unreasonable for those compelled to respond to publicly query security measures the ABS has allegedly put in place to safeguard privacy.

Nor do I think it unreasonable for persons so compelled to refuse to record their names alongside their answers to the census questions in light of the legitimate concerns that remain unresolved.

Especially as it is clear that the security of any database cannot be fully guaranteed and the Australian Bureau of Statistics (ABS) is not immune from data breaches and illegal use of data by staff.

Indeed as "Name of each person" (at points 2. & 53.) appears to be the only detail on the census form which is not couched as a question, I rather suspect that the ABS itself may not be entirely sure it has an enforceable right to compel a response despite what is asserted in Census and Statistics Regulation 2016.  

A new regulation that remakes the Statistics Regulations 1983 which in turn does not include "name" in Prescribed matters in relation to which statistical information may be collected even if the Census and Statistics(Census) Regulation 2015 does.

How the statisticians have been laying down the groundwork for the creation of the longitudinal database capable of producing individual profiles......

Australian Bureau of Statistics Annual Report 2014-15:

The ABS worked closely with the National Mental Health Commission, the Department of Health, and the Department of Human Services to provide timely statistics on mental health by linking information on the use of medical services with Census data.

A pilot project to inform policy development through the combination of Census and social security information was established between the ABS and the Department of Social Services.

ABS is moving beyond the public data environment to draw insights from retail scanner data...

Australian Bureau of Statistics Annual Report 2013-14:

The Australian Census Longitudinal Dataset (ACLD) brings together data from the 2006 Census with data from the 2011 and future Censuses…..

The Australian Census and Migrants Integrated Dataset was created by integrating data from the 2011 Census and the Department of Immigration and Border Protection (DIBP) Settlement Data Base (SDB) of the 1.3 million people who migrated to Australia under a permanent Skilled, Family or Humanitarian stream visa and arrived in Australia between 1 January 2000 and 9 August 2011.

Australian Bureau of Statistics Annual Report 2012-13:

The Technology Services Division (TSD) supports all areas of the ABS in the delivery of business outcomes through the effective and innovative application of information technology…. TSD is also challenged in its ability to maintain the range of technology skill sets required for support and to build new capabilities for the future, including addressing growing requirements for effective security measures in the face of more sophisticated cyber security threats.

The whole sorry saga........

IT NEWS, 1 August 2016:

The Australian Bureau of Statistics has been forced to answer questions about the security of its online Census website after it was revealed to be using an insecure and deprecated form of encryption to protect the sensitive personal details of the nation’s citizens.

Tests of the strength of encryption used on the main Census website, first highlighted by security consultant and software engineer Ben Dechrai, reveal the website supports the SHA-1 hashing algorithm long considered to be insecure.

SHA is a component of a Secure Sockets Layer (SSL) certificate that is used to prevent the modification of data.

All major web browser operators have said they will stop accepting SHA-1-based signatures by next January. Internet Explorer owner Microsoft recently said it would bring that date forward to September 2016 after research showed real-world ‘collision attacks’ could open the door to digital signature forgeries even before 2017.

The Australian Signals Directorate deprecated SHA-1 from its list of approved cryptographic algorithms in December 2011 after finding the risk of a successful attack on the platform was “higher than acceptable”. The US National Institute of Standards and Technology (NIST) has said SHA-1 should “not be trusted” past January 2014.

Despite this, the ABS is still supporting SHA-1 to ensure those using older versions of web browsers are able to fill out the online form on Census night.

“As the overwhelming majority of browsers and operating systems are SHA-2 compliant, most people completing the Census will be secured using SHA-2,” a spokesperson said.

“However there are some older browsers and operating systems that only support SHA-1. To enable users with these older systems to complete their Census online, the online Census also supports older SHA-1.”

But users will still face the risk of a man-in-the-middle downgrade attack, which uses available backwards compatibility to force a computer to a lower and more vulnerable version of encryption, Dechrai said.

"[It] increases the likelihood of a user's data being intercepted," he said.

The security expert suggested a better approach was either to stick with the current paper forms or introduce a tiered model of online security.

“[They should make] the page where people click to start the Census less secure, so it works on older browsers, [then] do browser detection, and if the browser is too old, prompt them to upgrade, or order the paper form,” he said.

“Only supported browsers show the "Start" button [which loads the submission form from a properly secured server].”

The ABS was also criticised for choosing not to implement perfect forward security, which would protect past communications and sessions from compromise should attackers be able to access long-term secret keys.

The agency argued that perfect forward security would disrupt its other security protections.

“As part of our total platform security for the online Census, we need to be able to detect and respond to any malicious traffic,” the spokesperson said.

“Implementing perfect forward secrecy would reduce the effectiveness of other security layers, and as such may compromise overall security.”

However, Dechrai said that while perfect forward security could disrupt web application firewalls and intrusion detection systems, it was a “solvable problem”.

“Better architecture is a bit more complex, but doable,” he said….

IBRS security advisor James Turner said he was "horrified" by the "naivety" of the ABS' response to public concerns.

"ABS executives had to know that privacy would be a huge issue raised around this change of protocol," Turner said.

"I think most people are looking at the ABS responses as "we think this is cool, so we're doing it and we don't care about your privacy". 

"[It] doesn't seem to understand that it gets one shot at this. If there is a breach, then the horse has well and truly bolted. It won't even matter if they promise not to do it again, because the data has already gone."

The Australian Bureau of Statistics' failure writ large in this disingenuous Letter from the ABS on 2016 Census on the Little Bird Network, 28 July 2016:

Hello,

Thank you for your query about the 2016 Census on Monday 18 July 2016.

Yes.
Names and addresses are specified in the Census Regulations as Statistical Information, like all other Census topics. This requires the ABS to collect this information as part of the Census. The requirement for all topics, including names and address, on the Census forms to be filled completely and accurately is consistent with 105 years of Australian Census practice, the Census and Statistics Act 1905 and legal advice to the ABS from the Australian Government Solicitor. The only exception is religion, which the legislation specifies is optional.

Failure to complete the form, regardless of how many questions, is subject to the potential penalty of 180 dollars. This penalty can apply to each day that the form has not been completed and returned to the ABS, for example 180 dollars every day until the form is received by the ABS. Fines for knowingly providing false or misleading statements or information will be 1800 dollars.

If you need help or more information, search our online Help. If you can’t find the information you’re looking for, call 1300 214 531.

Thank you.

Australian Bureau of Statistics

Please do not reply to this email, this address is not monitored.

Help – census.abs.gov.au/help
Privacy – census.abs.gov.au/privacy

The Sydney Morning Herald, 2 August 2016:

"The whole concept behind privacy is control of your personal information," said Kat Lane, vice chair of the Australian Privacy Foundation. 

"What we need to understand as a society is that it needs to be a choice whether you share your data with the world and whether you don't."

Ms Lane said Australians needed to be assured by the government that they would not be prosecuted and fined for not putting their names on the census if they did not wish.

"[The Australian Bureau of Statistics] didn't factor in a large amount of media coverage over what is a significant change...the consultation process was so poor, they should be announcing that no one should be prosecuted."….

Sixty-five per cent of Australian are expected to complete the census online this year, doubling the online response rate of 2011.

Those who do complete the survey online will receive a 12-digit code enabling them to fill out the form online. ……

Guy Eilon, Australian vice president of defence grade global cyber-security firm Forcepoint, said providing personal information to the census online is, "in many ways, no different" to posting a status on Facebook, or banking online.

"Ultimately, there will always be risks in situations where personal data is collected and stored, from the biggest bank to the smallest business," he said.

"In these circumstances all parties...must act in a transparent way, and ensure they put in place the most appropriate security, privacy and governance processes."

Households who would still like to fill out a paper form are told to contact the ABS to receive one, but community groups are complaining that the process is not so simple.

"Despite the ABS putting on 300 concurrent phone lines, many of those applying for paper census forms cannot get through", said  Paul Versteege, policy coordinator for the Combined Pensioners and Superannuants Association.

"The Census Inquiry phone line is overwhelmed and people are being told to call back later. Many  people are not online and are concerned they won't receive their paper forms in time and will be fined $180 a day for every day they are late."

Telephone connectivity issues have applied to both the ABS support hotline and the hotline to request a paper census form.

Ms Lane said the unresolved privacy concerns of Australian's could mean many "might actually want to move to the paper", but are as yet unable to source a form.

"I'm not doing it online, so I don't know what I'm doing on August 9."….

The Register, 1 August 2016:

The Australian Bureau of Statistics (ABS) has so badly mishandled the question of retaining names that its senior leadership need to consider their futures.

The ABS is – sorry, was – probably one of Australia's most trusted bureaucracies, alongside the Bureau of Meteorology, the Australian Electoral Commission, and Geosciences Australia.

But since deciding that this year's Australian census will retain participants' names and use them for ill-defined data-matching purposes, the Bureau has so alienated people there are serious calls for name-boycotts and a persistent discussion about the scale of fines (AU$180 a day up to a maximum $1,800, if you're interested). Those calls can undermine the census and its mission of providing policy-makers with useful data.

And the ABS persistently ignores questions put to it. Its first response when asked about the retention of names is something like the Tweet below, which talks about collection, not retention.

It's a mess that the ABS created for itself.

It takes a lot to make me say “security is now no longer the primary consideration”, but that's what the ABS has achieved.

Its data is useless without the trust of the public, and I've never seen public goodwill burned as quickly as has happened since Australians learned – somewhat after the decision was made – that the Bureau wants to keep their names.

And since then, the bureau has acted in a high-handed, condescending and dismissive manner……

Here's a speech from 2015, which is in no way reassuring, by the chief statistician David Kalisch.

The exact concerns being raised now, he dismissed last year: “Technology, expertise and confidentiality are not the issues or the constraints. It can take some time and resources for government agencies to provide better access to their data, even to an organisation such as the ABS with all the data protections and community support you would require.”

Ahem, confidentiality and technology certainly should be considered “constraints”, when the aim is to create a named identifier for all citizens, which Kalisch clearly admires.

Moreover: the ABS is not mandated to be the data integrator Kalisch imagines and desires. Kalisch is already advocating scope creep when he should be resisting it in the name of privacy.

In the presence of such sensitivities, transparency and trust are indispensable – but the bureau dispensed with both.

And at last, I will come to the generally-demanded “tech angle” to this story: it's perfectly feasible to tie data to a unique identifier without the name being that identifier.

If two data sets – the Census and the Pharmaceutical Benefits Scheme, for example – contain enough data points to consistently identify me, then a hash of that data would work just as well for anonymous analysis.

Richard Chirgwin with a date of birth and an address will produce the same SHA-256 key (c2483d63179b71b37334f730385272c81b5d6bd3ae6edffb49234cfeb7f7d9a6, I just tried it) no matter the source system – but the hash cannot be reversed to deliver my personal data.

If the data records with name are sufficient to identify me uniquely across two government systems, a hash of that data will be just as unique and will provide the same analytical link.

The ABS – and the data users defending it – must explain why names are indispensable to the mission.

But the cack-handed mishandling of the public debate is so destructive, it should be the next chief statistician to give the explanation. 

Bootnote: As a clarification, I need to point out: I am saying Census data (with a hash as an identifier) should never be brought together with a second source (example above, the PBS) with names intact on either side.

Should a researcher demonstrate a use-case to construct Census-versus-PBS queries, the names in PBS data should be hashed before the two datasets are brought together.

News.com.au, 3 August 2016:

THE Government today admitted organisers of next week’s online census were unprepared for a flood of public inquiries about the August 9 national headcount….

Earlier, independent MP Andrew Wilkie today warned of confusion and concern, and called for assurances no one will be fined for not completing the Census form.

“I have been shocked by the number of people who have approached me and my office with all sorts of concerns about the national Census scheduled for next week,” Mr Wilkie said today.

“A big problem is the difficulty and cost being experienced by many people attempting to contact the Australian Bureau of Statistics by phone.

“Typically they are experiencing very lengthy delays, if they can get through at all, and even having to pay for the calls.”

Mr Wilkie said examples of the “confusion in the community” came from visits to his Hobart office today by seven constituents.

“One had received a paper Census form even though he didn’t request or want it, one had been visited by a census official at home, two had received a letter at home with a code to use online, one had received three letters at her home, and two hadn’t been contacted at all,” he said.

“The one who got a paper Census form is baffled by the two different serial numbers it contained, received no detailed instructions and found no mention of the specifics of fines.

“Despite the collection of names in previous censuses the logic for this has not been communicated to the public, if indeed there is any logic at all. Nor has any explanation been given for why the ABS holding this information for much longer than normal is warranted.”

Remembering the history of census taking and past governmental misuse of national census data is important in deciding whether such punitive, political and/or criminal instances could occur again in the future......

Punishment

The Sydney Morning Herald, 26 June 1966

Political motives

Australian Bureau of Statistics, 2011

Persecution and Genocide

A final word.......

The Five Ages of Malcolm

These are the five ages of Australian Prime Minister Malcolm Bligh Turnbull....

Australia.trendoliser.com

Based on the photograph below which age has Malcolm reached now?

@AppleNewsAU

Moree Rail to Yamba Mega Port Scheme: "They probably want to fill the carriages up with water and take them back"

In 2012 Clarence Valley Mayor Richie Williamson probably thought he was sarcastically joking when he remarked about Australian Infrastructure Development Pty Ltd’s scheme to build a Yamba mega port at the end of an inland freight rail line: "They probably want to fill the carriages up with water and take them back".

We now know from presentations done by this company that it is actually spruiking the option of a water pipeline beside the proposed rail line from the port to Moree [Project 1: Port Yamba Regeneration, Slide 11 at http://www.slideshare.net/DesEuen1/part-2-of-3-v1].

We also know that this option is being taken seriously in some quarters.

The July 2016 ordinary monthly meeting minutes of Namoi Councils Joint Organisation (representing eight Murray-Darling Basin local government areas) show that this body is considering both the inland rail to port plan to industrialize the Clarence River estuary and a plan to build at least three to four dams on Clarence River tributaries, pipe the water over the Great Dividing Range into a purpose built hydro-electric scheme before discharging it into the inland river system for the use of irrigators and mining operations in the basin.

Map of Endersbee version of dam & divert proposal, cecaust.com.au

Although the scheme favoured by current Murray-Darling Basin lobbyists differs from the incredibly ambitious scenario Australia Infrastructure Developments appears to have briefly considered if this Facebook post by one of its named shareholders, Richard Wells, is any indication:

As the Namoi councils organisation appears to be favoured by the Baird Government and enjoys a close working relationship with the Dept. of Premier and Cabinet, Clarence Valley communities cannot afford to laugh off the lobbying being done in support of either of these two schemes.

Especially with regard to the Yamba port scheme as there are two planning documents, one state and one federal, which show that Liberal-Nationals governments may yet be inclined to entertain this appalling proposal:

Future strategic planning by Sydney Ports will include the regional ports of Eden and Yamba. [NSW Freight And Ports Strategy, 2013]

The national ports strategy suggests a focus on major ports; however smaller ports face similar challenges. Minor and regional ports play a vital role in the national economy and are encouraged to opt-in and participate. To the extent relevant, the plans should fit in with the Council of Australian Governments’ directions for city planning and the national land freight strategy which is being developed. [Australian Government, Infrastructure Australia – National Ports Strategy, 2011]

As for the Clarence River catchment dam and diversion scheme, it is well to remember that the last time the federal government entertained that idea both state and federal governments were Coalition - just as they are today.

The only real difference is that Malcolm Turnbull has gone from being Australian water minister in 2007 to Australian prime minister in 2016.

It’s time for concerned voters to make their views known to Premier Mike Baird and demand that the valley’s social, cultural and economic interests are not sacrificed to further the greed of private corporations, foreign investors and inland councils.

United Nations "shocked by the video footage that has emerged from Don Dale youth detention centre in the Northern Territory in Australia"

Excerpt from United Nations press briefing notes on Gambia and Australia:

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
Date:  29 July 2016  

(2) Australia

We are shocked by the video footage that has emerged from Don Dale youth detention centre in the Northern Territory in Australia, showing children as young as 10, many of whom are Aboriginal children, being held in inhumane conditions and treated cruelly. Some children were held in isolation for extended periods, sometimes for several weeks, in hot and dark cells with no access to fresh air or running water. In one incident, six children were tear-gassed by prison guards. The videos, from 2014, show another child hooded and strapped to a chair for several hours. Others are shown being repeatedly assaulted and stripped naked. According to the children’s testimony, these abuses took place over several years. Most of the children who were held at the detention facility are deeply traumatized. The treatment these children have been subjected to could amount to a violation of the Convention on the Rights of the Child and the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, to which Australia is a party.

Article 37 of the CRC stipulates that “every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.”
The announcement by the Government of an investigation into youth detention in the Northern Territory is an important step. We encourage the Government to extend the scope of the investigation beyond the Northern Territory in order to establish that such appalling treatment is not taking place in any other place of detention in Australia. We call on the authorities to identify those who committed abuses against the children and to hold them responsible for such acts. The children who were abused at Don Dale should receive psychosocial rehabilitation to overcome the trauma they have suffered. Compensation should also be provided.

We also call on Australia to ratify the Optional Protocol to the Convention against Torture. This important instrument focuses on the prevention of torture. Under the Protocol, Australia would establish a National Preventive Mechanism which conducts regular visits to all places of detention in the country. Events at Don Dale clearly show the immediate need to establish such a system of regular visits to ensure that what happened at Don Dale never happens again in Australia.

Australian Infrastructure Developments Pty Ltd still insulting people on social media

In reference to the fact that commercial and recreational fishing form part of the economic underpinning of local town/village economies within the Clarence River estuary, the Facebook page No Yamba Mega Port produced this banner:

Apparently this did not impress the proponents of the Yamba Mega Port scheme, presumably including the public 'face' of this proposal Des Euen.

A reader sent me this last Friday, 29 July 2016:

Which made me wonder what else this company was saying on Facebook that week and, oh dear, Australian Infrastructure Developments Pty Ltd aka AID Australia was back to its old ways - tossing insults.

Which by AID Australia standards is almost polite when you compare it to this use of bad language on 1 July 2016:

NSW planning system and greenhouse gas emissions

NSW Environmental Defenders Office, 27 July 2016:

Planning for climate change

Planning for climate change: how the NSW planning system can better tackle greenhouse gas emissions -  Download PDF

The NSW Government is proposing to make changes to the Environmental Planning and Assessment Act 1979. This presents an opportunity to make amendments to address the most important and urgent challenge we face – planning for climate change.

Major projects such as CSG and coal mining continue to receive approval without proper consideration of the future climate impacts of those projects.

In this report, we make 14 key recommendations on how the planning system can be improved to help mitigate the future impacts and costs of climate change.

For more about why we have released this report, and what it means, read our blog post How can NSW better tackle greenhouse gas emissions?.

Cardinal George Pell protests his innocence from his bunker in Rome

From sydneycatholic.org:

27 July 2016

STATEMENT FROM CARDINAL GEORGE PELL

CARDINAL PELL DENIES WRONG DOING

Cardinal Pell repeats what he told the ABC 730 Report before the broadcast, he refutes all the allegations made on the program.

The ABC has no licence to destroy the reputation of innocent people and Cardinal Pell, like all those who have allegations against them that have not been tested by the Courts, is entitled to the presumption of innocence - not immediate condemnation. He is entitled to a fair go.

While the Cardinal in no way wishes to cause any harm to those making allegations of sexual misconduct and abuse against him, the simple fact is that they are wrong.

"I bear no ill will and have no desire to cause them harm but what they say about me is not true." Cardinal Pell said.

Nearly six months ago media outlets carried leaked stories of allegations against the Cardinal which were said to have been under investigation by the Victorian SANO Taskforce for over 12 months. Despite this there has been no requests made by the Taskforce to interview the Cardinal and the Victorian Police Commissioner confirmed last month that no request to interview the Cardinal had been proposed to him as necessary.

It seems there has been leaking of information and allegations by elements of the Victorian Police to the ABC. This is consistent with previous patterns of improper and illegal disclosure of information from such sources to a variety of media outlets. Such information has in the past repeatedly been demonstrated to be inaccurate and unfounded.

In a context where police themselves have suggested, accurately or otherwise, that the making of charges is under review by relevant authorities, these disclosures and consequent publicity by the ABC clearly are apt and calculated deliberately to influence and compromise relevant judicial and prosecutorial processes.

The Cardinal calls for an investigation to assess whether any actions of elements of the Victoria Police and the ABC program amount to a conspiracy to pervert the course of justice.

The Cardinal has cooperated in the past and will continue to co-operate through the proper and appropriate civil authorities.

He will not participate in trial by the ABC and other media outlets. "I have done nothing wrong." Cardinal Pell said.

ENDS

FROM THE OFFICE OF CARDINAL GEORGE PELL, ROME

From abc.net.au:

ABC News statement on last night’s 7.30

28TH JULY 2016

Victoria Police was not the source of the ABC 7.30 story. Nor did witnesses approach the ABC. The report was the result of our own on-the-ground journalism over the course of months, which included finding people who would be willing to talk to us on camera.

There is a clear public interest case for reporting on this matter. Cardinal George Pell is a significant public figure, a senior figure in the Catholic Church, and he also has had direct responsibility for the Church’s response on the issue of child sex abuse.

Excerpt from the transcript of ABC 7.30 program aired on 28 July 2016:

STATEMENT FROM THE OFFICE OF CARDINAL GEORGE PEOPLE (male voiceover): "The cardinal calls for an investigation to assess whether any actions of elements of the Victoria Police and the ABC program amount to a conspiracy to pervert the course of justice."

LOUISE MILLIGAN: Neither Taskforce Sano nor anyone else at Victoria Police leaked this story to 7.30. All of the statements we gathered were given to us by the people who made them. This morning, Victoria Police Chief Commissioner Graham Ashton rejected the Cardinal's claims.

GRAHAM ASHTON, CHIEF COMMISSIONER, VICTORIA POLICE: My response to that is that we haven't provided the ABC with materials. Anyone who saw that show last night on the ABC, which I did look at, it's clear it's - the source of that information is from the victims. You could see the emotions in their voices and see it in them last night, they're highly traumatised from what they are saying has happened to them and they're talking to the media about that.

LOUISE MILLIGAN: The Chief Commissioner confirmed that the Pell file was still with the Office of Public Prosecutions and that it included all of the matters raised by 7.30 last night.

RADIO 3AW COMPERE: So they cover a long period of time?

GRAHAM ASHTON: Oh, yeah, a long period of time, yes.

RADIO 3AW COMPERE: So there are multiple allegations over a long period of time?

GRAHAM ASHTON: Yes.

LOUISE MILLIGAN: Mr Ashton says Victoria Police is still awaiting the OPP's advice.

GRAHAM ASHTON: It's been a long investigation on - in these issues. They take a long time to investigate. A lot of leads have got to be followed up and it'll understandably take time for OPP to do a decent assessment on that, so, they haven't given us a timeframe, which they'll come back and - we tend to not pressure them for that.

RADIO 3AW COMPERE: So does that mean the position we're in at the moment, charges are still a possibility?

GRAHAM ASHTON: Oh, anything's a possibility at this stage.

Excerpt from the transcript of ABC 7.30 program aired on 27 July 2016:

LOUISE MILLIGAN: George Pell left the Ballarat Diocese for Melbourne in 1984. He then spent his summers at Torquay Beach, where he was a member of the local surf club. Local dad Les Tyack's kids were keen surfers and Mr Tyack used to see George Pell around the club. One summer day, he says he witnessed a strange incident, so strange it later compelled him to go to police. He says he walked into the club change rooms and found George Pell and three boys he estimates were aged between eight and 10.

LES TYACK, TORQUAY RESIDENT: I said, "Hi, George." And at that time he was towelling - had the towel going across his shoulders drying his back. But he was facing three young boys only about three or four metres across from him. And I thought it was a little strange, but I put my gear down on the bench and walked into the showers. I was in the showers for probably five to 10 minutes and when I came out, the boys had got dressed, but Pell just had the towel over his right shoulder, still facing the boys. And the boys were looking at him. There was no communication between them, but Pell was looking at the boys, they were looking at him. I immediately thought, "This is not right. There is something amiss here."

LOUISE MILLIGAN: Les Tyack says he was disturbed that a naked man had stood there for 10 minutes facing the boys.

LES TYACK: I thought that was not on. Very strange situation for an adult to be full frontal to three young boys. I said to the young boys, "Finish doing what you're doing, off you go." When they left, I then said to George Pell, "I know what you're up to. Piss off. Get out of here. If I see you back in this club again, I'll call the police."

LOUISE MILLIGAN: Mr Tyack says the way George Pell's torso was angled during the incident also raised alarm bells.

LES TYACK: It makes me very suspicious that he was exposing himself to those three young boys. He made sure that at no time was I given the opportunity to see the front of him.

LOUISE MILLIGAN: And you thought that was suspicious?

LES TYACK: Very suspicious. Very suspicious. Because when I challenged him, he made no response to me at all, which I thought quite odd. I'm certain that if I'd been challenged in such a manner, I certainly would have fired up with questioning. What do you mean? What are you talking about? But no, Pell went very silent, didn't say a word.

LOUISE MILLIGAN: When the royal commission was sitting last year, Les Tyack decided to make his statement to Victoria Police.

LES TYACK: There may have been other incidents out there in the public domain that people had seen or witnessed and so I decided to report it so that those collating all the evidence could put it aside there and it might help form a dossier on Pell's activities.

LOUISE MILLIGAN: Cardinal Pell did not specifically address the allegations made by Les Tyack, but says more generally that, "No request has been made to interview Cardinal Pell, nor has he received any details of these claims from the police or anyone. In late May, the Cardinal was advised by the SANO Taskforce that there had been no change in the status of the investigation," since a newspaper reported in February that an investigation was taking place.

Cardinal Pell makes the point that he has apologised to victims of abuse of other priests on behalf of the Church many times and has met with many victims personally.

Royal Commission into the Detention of Children in the NT: will it be tears before bedtime For Prime Minister Turnbull?

Prime Minister Malcolm Turnbull's choice of a former NT chief justice (2004-2010) as Royal Commissioner is shaping up to be as problematic as his predecessor Abbott's choice of Dyson Heydon to head the royal commission into unions.

Royal Commission into the Detention of Children in the Northern Territory

29 July 2016

Statement by the Royal Commissioner, the Hon Brian Ross Martin AO QC

I have become aware of media reports today concerning my daughter’s employment by the former Northern Territory Labor Government during a period covered by the Letters Patent issued to me yesterday.

My daughter was employed as a Justice Adviser to the Hon Delia Lawrie, Attorney-General of the Northern Territory, from late 2009 to March 2011.  It is my daughter’s memory that during the period of her employment with the Northern Territory Government, she had no involvement in the Northern Territory child protection or child detention systems.  I am advised that Ministerial responsibility for those matters was held by the Hon Gerald McCarthy, who served as Minister for Correctional Services, and the Hon Malarndirri McCarthy and the Hon Konstantine Vatskalis, who served as Ministers for Child Protection during that period.

I am unable to discern any possibility that my daughter could be a witness before the Royal Commission.

I disclosed this matter to the Attorney-General prior to my appointment as Commissioner and we were both satisfied that it would not compromise the independence or appearance of independence of the Royal Commission.

Media contact: 

AGD Media  02 6141 2500 / 0408 778 909

New Matilda, 28 July 2016:

The man who will lead the Royal Commission into the abuse of children in juvenile detention in the Northern Territory needs no introduction. At least not to Aboriginal people. Chris Graham explains.

Brian Martin, the former NT Supreme Court Chief Justice, achieved infamy among Aboriginal communities in April 2010 when he described five white youths who bashed an Aboriginal man to death in a racially charged drunken rampage as “of otherwise good character”.

The youths – Scott Doody, Timothy Hird, Anton Kloeden, Joshua Spears and Glen Swain – spent the night getting drunk at the local casino, before driving up and down the dry bed of the Todd River, where homeless Aboriginal people sleep.

They abused campers, fired a replica pistol at them, and ran over at least one swag with their vehicle.

Eventually, the boys stopped and kicked to death Kwementyaye Ryder, aged 33, after he threw a bottle at their car as they drove at him.

The killing remains infamous in Alice Springs to this day, in part for the racial motivation behind the attack…..

But the killing is most infamous for the amount of time the five young men ending up serving.

Chief Justice Martin sentenced one of the men to as little as 12 months. The longest time served was four years.

One of Justice Martin’s justifications for the light sentences was that the youths would be caused ‘additional hardship’ in prison, given the overwhelming majority of inmates are Aboriginal.

Following is a story I wrote for the ABC’s Drum site in 2010, while staying in Alice Springs for several months. It should give New Matilda readers some insight to how Brian Martin’s stewardship of the Royal Commission is likely to be greeted by black Territorians.

One of Justice Martin's judgments was also considered in Scott v Northern Territory [2003] HCATrans 405 (3 October 2003):

MR TAYLOR: No. On 22 July, your Honours – I mean, Mrs Scott’s application into the Supreme Court was dismissed in No 118 of 1992 on 22 September 1999 by Justice Martin . Mrs Scott was in London on a phone hook-up, and Justice Martin  took no account of the affidavit of Rodney Selwyn Lewis of 25 September 1998 - - -

KIRBY J: Why was there not an application for leave to appeal or an appeal to the Court of Appeal?

MR TAYLOR: Mrs Scott was obtaining at the time forensic specialists and when she obtained those specialists she sought to have the matter - Douglas’s body exhumed in Townsville, Queensland and she spent quite some time arranging for that.

KIRBY J: But I am talking about after  Justice Martin’s orders there was then about a three year delay.

MR TAYLOR: There is also the fact that the law as stated by Justice Martin, seemed to be quite fixed; that is Lackersteen v Jones, and it was only when Justice Madgwick advised Mrs Scott in paragraph 64 of his judgment that actually she can have an action for murder and that Justice Martin is in fact wrong that Mrs Scott immediately appealed to this High Court. In fact, Justice Madgwick said that Mrs Scott has to pursue the action in the Northern Territory and further advised her that she should amend her application up there, the remaining application which was the compensation to relatives, fatal injuries action, which is - - -

KIRBY J: There was an inquest originally, was there not?

MR TAYLOR: There was an inquest, your Honours, but witnesses were not brought and neither did the prison officers attend; they told the coronial that they would not attend. It took some two years - - -

KIRBY J: The matter was investigated by the Royal Commissioner, I think.

MR TAYLOR: The Royal Commission did not bring the witnesses either, your Honour. They alleged that they took notes of what people told them over the phone or in conversations or certain things and evidence of murder was given to one the Royal Commission staff, namely Geoffrey Barbaro, and this was not brought to the Royal Commission, so there was not a genuine bona fides enquiry. This evidence was kept from Mrs Scott. The witness was an illiterate Aboriginal man, who was flown all the way from Kununurra in Western Australia or taken to Darwin during the Royal Commission and taken to a secret room and had a false statement placed in front of him and told to sign it and he was not brought before the Royal Commission.

KIRBY J: You can move, at least in New South Wales, for the reopening of an inquest. I have sat in the Court of Appeal in such matters.

MR TAYLOR: There has been a recent change to the law in the Northern Territory and Mrs Scott has taken advantage of that recent change to the law under section 44A of - - -

KIRBY J: That can be done in the Northern Territory, can it?

MR TAYLOR: Yes.

Indigenous Australia, 2009:

For Doug, she continued her campaign despite harassment. In 2005 she succeeded in getting his remains exhumed in Townsville. An independent pathologist from Brazil, Professor Jorge Vanrell, said that lesions to the body were "consistent with torture procedures".

Letty had confirmation of what she had always believed. "I feel vindicated by God," she said. "[However] I can see that Douglas died a brutal death and it's very distressing for my husband and I." A solicitor speaking on behalf of the territory government pointed out that two pathologists' reports did not support Dr Vanrell.

Letty called for a new inquiry, supported by the Indigenous Social Justice Association. With her son, Nathan, she took out private criminal and civil proceedings against four prison officers. One of those, Bill Dowden, had died of cancer, so the action was against three: Barry Medley, Michael Lawson and Harold Robertson.

In the civil proceedings, the territory Supreme Court judge David Angel found that it was "unable to be satisfied that the deceased took his own life", but he added: "The plaintiff has not established to my satisfaction that the deceased was murdered by the defendant prison officers" and also said that the evidence of Bindai and Percy "cannot be dismissed out-of-hand".

Daniel Taylor, who assisted her campaign and became her husband, said: "After the civil proceedings result we found it would be too hard to continue with the criminal proceedings, so we dropped them." Robert Dow, a former territory police officer who had helped Letty, told the Herald: "She uncovered the truth and she put the truth in the hands of authorities and asked them to deal honestly with it."

UPDATE

The Australian, 1 August 2016 12:16 pm:

Royal Commissioner Brian Ross Martin has resigned less than 100 hours after being “swiftly and decisively” appointed by Malcolm Turnbull last Thursday.

Mr Martin said his resignation was required to ensure “full confidence” in the royal commission among Aboriginal Australians following “disingenuous and ill-informed” commentary about his perceived conflicts of interest......

@jaredowens

ABC News, 1 August 2016:

Less than a week after initiating the royal commission into the Northern Territory's youth detention centres, the Federal Government has been forced to replace the head of the inquiry.

Former NT chief justice Brian Martin has resigned from the post just days after being appointed and will be replaced by two co-commissioners: Indigenous leader Mick Gooda, and former Supreme Court judge Margaret White.

Mr Gooda is the Aboriginal and Torres Strait Islander Social Justice Commissioner with the Human Rights Commission, and his appointment follows increasing community and political pressure to appoint an Indigenous representative.

Ms White was the first woman to be made a justice of the Queensland Supreme Court and also appeared in the Mabo versus Queensland case.

Young Libs foul their political nest again

The Sydney Morning Herald, 29 July 2016:

This article excerpt was removed due to a confidential defamation settlement between Fairfax and unidentified parties.

Note that the details of this web address registration were altered on 28 July 2016

Is Josh Frydenberg going to be the second worst environment minister Australia has had so far this century?

Less than  a year after being sworn in as Australian Minister for Resources, Energy and Northern Australia, former Deutsche Bank director and current Liberal MP for Kooyong Josh Mr. Coal Frydenberg is back post-federal election as Minister for the Environment and Energy. 

If the former environment minister Greg Hunt was considered by many to be a very bad fit for his portfolio, then Frydenberg might possibly be as poor a choice.

His views are well known and his voting record available for scrutiny……

Crikey.com.au, 28 July 2016:

Environment and Energy minister Josh Frydenberg is claiming to be a convert to the cause of renewables but the grim truth is that this government has no interest in meaningful climate action.

Alarmed at the criticism of his appointment as combined energy and environment minister, Josh Frydenberg has launched a media campaign to overhaul his image as that of the man who recently insisted there was a “strong moral case” for burning more coal and starting economically unviable new coal mines like Adani’s Carmichael project (not to mention his loathing of environmental groups).

In the last 48 hours, Frydenberg has spoken at a Clean Energy Council summit, given interviews to Fairfax and Lateline, as well as enjoying several articles in today’s Australian (naturally spinning his comments about the role of wind power in South Australia’s power supply situation in a manner complementary to its own, profoundly dishonest campaign against renewable energy — Peter Martin is the latest to point out the complete lack of substance to it)…..

The Australian, 28 July 2016:

The energy crises in South Australia and Tasmania, which massively inflated electricity ­prices and hobbled industry, were a “wake-up call” about problems created by solar and wind generation, new Energy Minister Josh Frydenberg says.

As the first minister to hold both the energy and environment portfolios, Mr Frydenberg has warned of the need to shift from fossil fuels to renewables responsibly and affordably, as he signals a reinvigorated assault on Labor’s plan to expand renewable energy…..

Mr Frydenberg said the South Australian energy crisis was exacer­bated by the “intermittency of renewables”.

But he also pointed the finger at a scheduled upgrade of an interconnector at Heywood in southwest Victoria, high gas prices­ fuelled by state moratoria on coal-seam gas exploration and increased demand due to cold weather.

Australian Mining, 28 September 2016:

“Australia and Western Australia in particular have been great beneficiaries of the decade-long super-cycle which saw record prices and record demand for our commodities,” Frydenberg said.

“Clearly with the slowdown of China we’re moving back towards normalised, cyclical patterns.

“That being said, resources and energy are absolutely central to Australia’s economic growth and prosperity today and into the future.”

House of Representatives, Hansard, 8 September 2015:

JOSH FRYDENBERG (Kooyong, Liberal Party, Assistant Treasurer) - And Greg Hunt, as environment minister, has done a brilliant job in cutting red tape and green tape, which has seen nearly $1 trillion worth of projects receive their environmental approval—and since we came to government we have halved the approval time.

House of Representatives, Hansard, 22 October 2014:

JOSH FRYDENBERG (Kooyong, Liberal Party, Parliamentary Secretary to the Prime Minister) - The third suite of reforms is around making Australia a more attractive place to invest. It is here that the one-stop shops, where the Minister for Environment has so successfully led the charge, are going to lead to more than $420 million of annual compliance savings by streamlining approval processes between state and federal governments. The Business Council of Australia documented one case where a company wanted to make a $1 billion investment in the resource sector in Australia and sought an environmental approval. It took that company more than two years, cost them more than $20 million, required 4,000 meetings and required a 12,000-page report. And when the approval came back, it had 1,500 conditions attached—300 at the federal level, 1,200 at the state level—and 8,000 sub conditions. Now I ask you: which company can go through that process and expect to want to invest again in Australia? 

House of Representatives, Hansard, 4 December 2014:

JOSH FRYDENBERG (Kooyong, Liberal Party) - What about the environment? The Minister for the Environment has got his $2.5 billion Direct Action Plan through the Senate. He has got his Green Army proposal through the Senate. We have a good position on the Renewable Energy Target, which we believe should be a 20 per cent target. And of course he has abolished the carbon tax. That is a proud record when it comes to the environment.

According to They Vote For You in the federal parliament Josh Frydenberg has supported:

Unconventional gas mining by supporting the Environment Protection and Biodiversity Conservation Amendment (Bilateral Agreement Implementation) Bill 2014

Unrestrained fossil fuel use by voting against increased investment in renewable energy and, against both a carbon price on greenhouse gas emissions and a mineral resources rent tax

Unsustainable forest logging by voting against the Illegal Logging Prohibition Bill 2011

Unsustainable water use by voting against increased protection of the nation’s fresh water assets

Silencing local voices by voting to restrict the classes of persons who can seek a judicial review of decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

Unsustainable commercial fishing by voting against a bill which would establish an independent expert panel to conduct an assessment into the potential environmental, social and economic impacts of a declared commercial fishing activity and to prohibit the declared commercial fishing activity while the assessment is undertaken.

Be shark smart on the NSW North Coast

Echo NetDaily, 28 July 2016:

Surfers and swimmers are being urged to be extra vigilant following numerous shark detections along north coast beaches this week.

The listening station at Evans Head buoy, off Main Beach, has pinged 15 times since Sunday, with alerts associated with tagged great whites. Sharks have also been detected at Sharpes Beach near Ballina, where two surfers were knocked off their boards this week, Clarkes Beach at Byron Bay, and also at Shelley Beach where a third surfer had a close encounter this week.

The NSW Department of Primary Industries has asked surfers and other ocean users to download the Shark Smart app from the Apple App Store or Google Play, or follow the @SharkSmart Twitter page for alerts.

Remember also that any day you enter estuary or ocean water in the early morning or from late afternoon onwards means that you may be sharing the water with large marine animals such as sharks foraging for food.