Will you help to save your local NSW Environmental Defenders Office?

This isn't just about coal and coal-seam gas -- this is about the Left agenda to destroy the economy - NSW Minister for Resources and Energy Chris Hartcher in The Australian 26 October 2012

Minister Hartcher should visit Lismore and surrounding areas. At the recent local government elections a poll showed nearly 87% of Lismore voters rejected CSG exploration and production in their council area. I'm sure the residents of Lismore would be amazed to find that they are part of a "Left agenda to destroy the economy" - Cr Simon Clough, Lismore City Council, in The Northern Star 30 October 2012

 

Will you help us to save your EDO? After nearly 30 years of helping the people of NSW to protect their environment and heritage under the law, EDO NSW faces an unprecedented threat to its survival and we need your help to ensure we can continue to assist you in public interest environmental matters. Please read on to better understand the problem and what you can do to help. POLITICAL PRESSURE In recent days, the NSW Energy Minister attacked EDO NSW's involvement in last weekend's community conference in Gloucester. The conference provided an opportunity for community members to obtain information on developments across NSW and was attended by farmers, elected representatives and the broader community. This latest comment follows months of repeated attacks in The Australian newspaper, the National Civic Council and in NSW Parliament, mainly by Shooters and Fishers Party MPs. These are unjustified attacks on our work as lawyers for the environment.  Click here to see our letter of October 19th 2012 to NSW Government Ministers and MPs responding to these attacks. FUNDING CRISIS The NSW Government is now being urged to stop EDO NSW funding under a review of legal assistance services. At the same time, the major source of our annual funding - which comes from the Public Purpose Fund of the Law Society of NSW (PPF) - has been cut. We have been receiving PPF funding since 1996, normally under three-year grant agreements, and our work has been actively supported by the Trustees. The first cut was to 6 months (July-December 2012); and as of this month has been reduced to only 3 months (January-March 2013), with the dollar value cut by a quarter.  As a result, both our PPF funding, and NSW Government funding, must now be considered at risk. THE PROBLEM This damaging uncertainty makes it extremely difficult, if not impossible, to maintain a strong, independent EDO, that can offer ongoing help to clients, and serve the wider community, while operating free of the politics of the day. If our PPF funding is not restored and public funding affirmed then EDO NSW as you know it will be decimated if not destroyed in the New Year. This is occurring at the same time as the Government is pursuing its signature reform of the planning laws, with the avowed intention of restoring community participation and public confidence after the dark days of fast-tracking major projects under Part 3A. THE SOLUTION The uncertainty can be solved by the NSW Government making clear its strong and unambiguous support for ongoing PPF and public funding of EDO NSW, ideally with cross-party agreement in the Parliament. In this way, community participation and public confidence in the planning and environment system can be maintained. WHAT YOU CAN DO We need our many supporters to speak up long and loud. Please do any or all of the following: Contact your local Member of Parliament to call for their support to save EDO NSW, and to express your support. You can find contacts for your local MP at: http://www.parliament.nsw.gov.au/prod/parlment/members.nsf/V3Home Contact the Premier (office@premier.nsw.gov.au or ph: (02) 9487 8588), the Attorney General the Hon. Greg Smith (office@smith.minister.nsw.gov.au or ph: (02) 9228 5246) and the Minister for Planning & Infrastructure the Hon. Brad Hazzard MP (office@hazzard.minister.nsw.gov.au or ph: (02) 9228 5258) Speak to your local media and look for opportunities to support us such as calling in to radio talkback Share this email with anyone you think might care about EDO NSW. We also welcome your donations to EDO NSW OUR FUTURE If the current situation goes unchanged, it means we will have to lay off most of our valuable, highly professional and tireless staff early in the New Year, and begin dramatically scaling back or shutting down our popular key community services including: Free legal advice telephone line – we took nearly 1500 calls last year Community workshops – 95 across NSW in the past three years, with about 95% in rural and regional areas Rural and regional work – a major focus for the past 10 years, with a regional office in Lismore, and support to communities on key issues like native vegetation, water plans, coal seam gas, mining, private conservation and local planning Indigenous program – unique support to the Aboriginal community on culture and heritage Education and publishing – major guides/handbooks, and 40 much-used Fact Sheets, and a major new guide on mining set to be published Policy and law reform – including extensive input to the current major reform of the NSW planning laws, with 2400 hits on our online guide to the Green Paper during the submission period Court cases and mediation – ensuring high quality cases get heard and those with poor prospects are filtered out, which has led to many important environment cases on behalf of communities from the cities to the bush If NSW loses its EDO, the community's only source of accessible, independent, expert, public interest legal advice on planning and environment matters since 1985 will disappear. If that alarms you, then please take a stand. Help us to save your EDO. Yours sincerely, Jeff Smith, Executive Director P.S. We are trying to reach as many EDO NSW supporters as possible so our apologies if you receive this email more than once. Thank you for taking the time to make your voice heard for your EDO. Address: Level 5, 263 Clarence St, Sydney NSW 2000 Phone: 02 9262 6989 Email: edonsw@edonsw.org.au Website: edonsw.org.au

We saw whales! versus Don't trash my home! The two faces of regional tourism

 

The Daily Examiner publishes a letter from another satisfied holidaymaker on 25 October 2012:

 

Good stuff, council

I just spent a delightful week in Yamba.
Can you imagine my surprise when I picnicked in Ager Park on a beautiful sunny day and the view from my picnic spot was wonderful?
Twelve months ago when I was here on my annual holiday, all I could see in Ager Park were weeds (bitou bush) and trees.
I did not know the view was so spectacular.
We saw whales.
I asked a local who had cleared this bush and I was told Clarence Valley Council.
I would just like to congratulate the Clarence Valley Council on the wonderful job; and you haven't allowed the environmental propaganda to block your view.
Three cheers to Clarence Valley Council and see you next year.

Terry Mortimer
Wagga Wagga

PS My daughter said that from Ager Park she saw a black-tailed wallaby in the Pippi Beach sandhills.

The next day the same newspaper published this:

River vandals

We have run a cattle property on an upper tributary of the Clarence River for five generations. The river habitat up here is healthy and supports a rich biodiversity, which we value greatly.
People camp illegally by the river on a TSR (Travelling Stock Reserve) that is leased by our family and although we often clean up rubbish left by campers, most camp responsibly, leaving little or no trace of their visit.
Last weekend, however, a large group came and left the place looking like a war zone. Large amounts of rubbish, including cans and broken beer bottles, were strewn everywhere. Along with disposable nappies, piles of uncovered human faeces, soiled toilet paper and fishing lure packets (despite the river currently being closed to fishing).
Worse still, areas of pasture were destroyed by reckless vehicle activity and several beautiful old bottlebrush trees were chopped down. Cleaning up the filth yesterday, I wondered, why try to make the place look good again if it's only going to encourage more people to come and trash it. I can't understand how these campers thought it was okay to treat part of the Clarence Valley with such disrespect and leave it in such an awful state.

Clinton Killen
Cangai

 

ICAC concludes Operation Jarek and publishes report into corrupt conduct in local government and public authorities

 

In October 2011 the NSW Independent  Commission Against Corruption (ICAC) began an investigation into 110 local government and public authorities.

 

Ballina, Byron, Bellingen, Clarence Valley, Lismore and Tweed  councils were on ICAC’s list.

The Commission obtained evidence indicating that gifts in excess of $116,000, including gift vouchers totalling at least $64,380, were provided to public officials working for the majority of the 110 authorities over the period reviewed.

 

In a 29 October 2012 media release ICAC stated:

 

From the outset of the ICAC's investigation, it became apparent that the provision of incentives by businesses to public officials in NSW was widespread.

Given the sheer scale of the alleged corrupt conduct and the finite resources and time at the ICAC's disposal, the ICAC decided to focus its investigation on the conduct of employees of 15 of the 110 public authorities in NSW whose staff were alleged to have received gifts from suppliers.

These 15 public authorities, selected after assessing a number of factors including the value of the gifts received, were Ballina Shire Council, Bathurst Regional Council, Broken Hill City Council, Burwood Council, Byron Shire Council, the Council of the City of Botany Bay, the Council of the City of Sydney, Lithgow City Council, Liverpool City Council, Narrandera Shire Council, Orange City Council, the Roads and Traffic Authority, Walgett Shire Council, Waverley Council and Yass Valley Council.

 

ICAC’s 29 October 2012 Fact Sheet further stated:

 

The ICAC found that the following people engaged in corrupt conduct by receiving gifts and benefits from supplier companies as an inducement to continue placing orders with these companies or as a reward for placing orders with these companies: Glen Lapham of Ballina Shire Council, Graham Gibbons of Bathurst Regional Council, Anthony Harman of Broken Hill City Council, Ronita Tompsett of Burwood Council, Robert Vagne of Byron Shire Council, Donald Harris of the Council of the City of Botany Bay, Jeffrey Duncum, Edwin Roger Martin, Christopher Myers and Robert Nies of the Council of the City of Sydney, Steven McMurtrie and Lee Warner of Lithgow City Council, Maxwell Bancroft and Amjad Maaya of Liverpool City Council, Mathew Kelly of Narrandera Shire Council, Peter Evans and Peter Lewis of Orange City Council, Phillip Burnie of the Roads and Traffic Authority, Mark Ward of Walgett Shire Council, Scott Ingwersen and Peter Naidoo of Waverley Council, and Kerry Smith of Yass Valley Council.
 

More generally, the Operation Jarek Investigation Report (October 2012) found that:

 

In NSW, most local councils and public authorities have a code of conduct and a gift register. Many have a policy banning the receipt of gifts and provide training to their staff on this policy.

Despite this, the investigation by the Independent Commission Against Corruption (“the Commission”) found that a large number of public officials across 110 agencies took gifts without declaring them, contrary to such policy and training.

The gifts accepted far exceeded any reasonable concept of token value, and included holidays, television sets, camcorders, DVD players, iPads, iPhones, coats and gift vouchers.

The Commission found that agencies generally focused on having rules in place around the acceptance of gifts, but did not consider corruption risks in the broader relationship between buyer and supplier, and the opportunity for corruption in their procurement and inventory management systems…..

 

The Commission has made 15 corruption prevention recommendations to all councils in NSW, as it is evident that the conduct uncovered in this investigation is systemic and all councils should take action to mitigate these risks.

While the recommendations are mainly aimed at local councils, the Commission considers that other public authorities can also learn from this investigation and they are encouraged to read this report and the recommendations contained herein.

 

Recommendation 1

That councils communicate to suppliers a clear set

of supplier behaviour expectations and the associated

consequences for non-compliance.

Recommendation 2

That councils develop a proactive and comprehensive

supplier engagement framework.

Recommendation 3

That councils review their codes and policies on gifts and

benefits to ensure they effectively communicate expected

behaviour in a way that the intended audience can easily

grasp.

Recommendation 4

That councils ensure that their policy provides that all staff

who hold financial delegations are prohibited from receiving

gifts of any kind.

Recommendation 5

That councils ensure that staff training on gifts has a focus

on the disciplinary consequences of accepting gifts.

Recommendation 6

That councils assess which of their staff members operate

in an environment where relational selling is commonplace,

and equip these staff members to recognise and respond to

these sales tactics, including the offer of gifts.

Recommendation 7

That councils, if they have not already done so, analyse

their procurement processes to identify points of

corruption risk and take steps to improve the design of their

procurement processes.

Recommendation 8

That councils, if they have not already done so, consider

introducing e-procurement as an efficient method of

controlling possible vulnerabilities in their system.

Recommendation 9

That councils, if they have not already done so, review

which reports are available to the managers of stores and

ensure they (councils) can generate a report showing the

orders placed by any individual across all cost centres.

Recommendation 10

That councils, if they have not already done so, analyse

inventory management systems with a view to improving

controls and reducing waste.

Recommendation 11

That councils examine options for control of their

pull-based inventory and implement an option that is

suitable for their operations.

Recommendation 12

That councils, if they have not already done so, organise

their stores so that all items are labelled clearly, stock is

securely stored and movement of all goods in or out of the

store is recorded on an integrated inventory management

system.

Recommendation 13

That councils ensure stocktakes are conducted

independently of store officers and by staff knowledgeable

about the principles of stocktaking.

Recommendation 14

That council management assesses the residual risk in its

store and, if appropriate for the organisation, conducts

random spot checks or cycle counts of select aspects of

inventory management.

Recommendation 15

That councils, if they have not already done so, consider

the risks highlighted by this report, namely,

• relational selling and gift giving

• procurement processes

• inventory management,

and, where they consider the council is at risk, add these

topics to their internal audit programs.

 

View full report

What's up, doc?

If you've ever partnered a local GP rocking on the briny with a line out for a feed of fish, it's odds on that one day he'll deflect any general gripe about health services with the jibe that a lot of patients "doctor shop" rather than take good advice.
Well here's the answer to that little bit of self-delusion.

"The majority of Australians reported they always go to the same general practice. Ninety-three per cent of Australians indicated they always go to the same general practice, 66% reported always seeing the same doctor and 27% reported they may see different doctors.

Australians aged 65 years and over were significantly more likely to always visit the same general practice and always see the same doctor (see Figure 16). Although the majority of Australians aged 25-44 years reported they always visit the same general practice, they were the least likely age group to always see the same doctor." {The Menzies-Nous Australian Health Survey 2012, 23rd October 2012}

Hat tip to Australian Policy Online for the link.

New definition of Clarence Valley Council management gaining currency

Is it any wonder that Clarence Valley Council management is now frequently referred to as a bucket full of ar$eholes and a few other unprintable phrases?

Spot the not so subtle alteration of the history of Clarence Valley shire councillors’ response to residents’ concerns over the sudden removal of part of the Yamba Road Cycleway by council management without prior community consultation.

These concerns directly related to cyclists' safety when using a section of Yamba Road in the vicinity of the Freeburn Street T-intersection and pedestrian safety on the nearby designated 'shared use' footpath which does not meet council's own minimum width requirements as set out in the Pedestrian access and mobility plan (PAMP) and bike plan (2008).

Click on the images below for a larger and clearer view of the text.

Ordinary Monthly Meeting Minutes of 26 June 2012:

Voting recorded as follows:

For: Councillors Williamson, Comben, Dinham, Howe, Hughes, McKenna, Simmons,

Tiley and Toms

Against: Nil
 

Ordinary Monthly Meeting Minutes of 17 July 2012:

Ordinary Monthly Meeting Business Paper of 16 October 2012:

Included in this council officer's report as Background was Item 021/12 Yamba Road Cycelway, Yamba, containing the precise wording as is set out in the minutes below.

Ordinary Monthy Meeting Minutes of 16 October 2012:

Yes, that’s right. By including that last item in the October official business paper and minutes as it is written, council management totally ignored the fact that the June 26 Ordinary Monthly Meeting did not fully endorse the NSW R&MS Clarence Valley Local Traffic Advisory Committee recommendation (which had been heavily influenced by the very same management advising this committee) and, as Clarence Valley Council's 9 October Civil & Corporate Committee Meeting Business Paper contained the very same wording this was not a simple mistake.

It is a distinct possibility that council management did not make the Local Traffic Advisory Committee aware of the fact that its recommendations had not been fully endorsed and that this external committee has an imperfect understanding of the true status of its recommendations.

It is also possible that councillors have been voting since the beginning of October under a manufactured misapprehension concerning council's own past decisions relating to the Yamba Road Cycleway.

Council management obviously believed that newly-elected and re-elected councillors would not easily recall the details of the Yamba Road Cycleway debate and therefore decided to rewrite the record in order to do exactly as it pleased.

At the same time as council management improperly seeks to go against the 26 June 2012 OGM resolution and erect additional signs directing all bicycle traffic onto inadequate footpaths, it is avoiding any meaningful in-depth evaluation of the problem it created on Yamba Road in the first place

Thereby showing nothing but contempt for the democratic process and once again flipping the bird to the Yamba community behind councillors’ backs.

Strewth, Ruth! What a whopper

“Opposition Leader Tony Abbott also welcomed the announcement.

"The Governor-General has maintained a busy schedule here and overseas and has helped hundreds of thousands of Australians and thousands of organisations better appreciate their role in our national life," Mr Abbott said.”

Quentin Bryce is to stay on as Australia’s G-G past the next federal election election.

Abbott thinks that’s great? ROFL.

If he wins government on that particular Saturday, look to Bryce suddenly ‘resigning’ within the month.

Grafton-based GJ Gardner Homes franchisee ordered to pay $99,120.27 for defective building work

See the full details concerning Wood v Fischer Built Pty Ltd here at http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2012/399.html

 

Breakdown of allowed claim in favour of the applicants on 18 October 2012:

 

Scott Schedule

Item 1 $960.00

Item 2 nil

Item 3 $18,090.00

Item 4 $5,427.50

Item 5 $39,507.27

Item 6 $1,180.00

Item 7 $9,500.00

Item 8 $6,966.82

Item 9 $4,220.00

Item 10 $11,215.00

Item 11 nil

Drain Cost $945.00

Cutting Table $599.00

Repair of paintings $509.68

 

61. The total of all these amounts is $99,120.27 and the respondent is ordered to pay this amount to the applicants within 28 days.

According to The Daily Examiner on 27 October 2012: 

 

Company director Rick Fischer confirmed he would be appealing the decision, adding he wasn't "prepared to say anything further at this stage."