What a real charmer!

Photograph from The Australian

Lower house speaker, Michael Sutherland at the Yokine Primary School polling booth in WA.

The Sydney Morning Herald, 19 July 2017:

One of the candidates vying to be the next West Australian senator for the Liberal Party has described supporters of refugee-friendly policies as "a bunch of cockroaches" swarming all over his former electorate.

Michael Sutherland, the former Speaker in the WA parliament who lost his inner city seat in March, made the comments at a Liberal Party event in Sydney last month.

He is one of the five men revealed to be vying in this weekend's pre-selection for the Senate vacancy created by the retirement of Liberal Chris Back. Born in South Africa, Mr Sutherland has refused to provide proof he has relinquished his dual-citizenship, despite two Greens senators resigning in the past week after it emerged they were citizens of other countries. 

Speaking at a panel discussion on how the Liberals can combat anti-fracking campaign groups, Mr Sutherland said such activists had overrun his former electorate of Mount Lawley.  

"My seat was an inner city seat and these people were crawling all over the seat, so, it's a big problem," he said.

He then turned his attention to the organisation representing Western Australia's 139 councils (WALGA) for promoting refugee-friendly spaces. 

"You know WALGA as well gets involved in things like refugee-friendly zones and if we don't all stand together and fight this bunch of cockroaches, we're going to have a real problem."

Liberals attending can be heard laughing at Mr Sutherland's comments in audio obtained by Fairfax Media. 

Read more of what this ‘charmer’ thinks here.

BACKGROUND

The West Australian, 1 April 2017:

The Liberal Party’s shocking State election result will cost WA taxpayers more than $2 million in payouts to defeated MPs, some of whom will receive six-figure sums.

The resettlement entitlement paid to MPs who lost their seats or retired at the March 11 poll is to aid the move from public office to private life, according to the Salaries and Allowances Tribunal.

Politicians are paid a taxable lump sum based on their parliamentary service and base salary.

Former MPs who served one term are entitled to three months’ salary, those who served two terms are entitled to six months’ salary, and those who served three terms or more receive nine months’ salary.

An MP’s base salary is $156,536 a year.

Former ministers Joe Francis, Andrea Mitchell, Albert Jacob, and Paul Miles, who were all elected in 2008, will receive nearly $80,000 each.

Other 2008-elected MPs who lost this year are Ian Britza, former speaker Michael Sutherland, Peter Abetz, Frank Alban and Paul Miles.

The West Australian, 9 June 2017:

At least six dumped State Liberal MPs are likely to tackle council elections this year, including former environment minister Albert Jacob who is mulling a run for mayor of one of WA’s biggest local governments.

Former local government minister Paul Miles, former speaker Michael Sutherland and MPs Peter Abetz, Frank Alban and Chris Hatton have confirmed plans to seek election in October.

The West Australian understands some of the deposed MPs view the October council elections as a way to keep their political careers alive as they consider return tilts at their former seats.

Most suffered massive swings in the Liberal rout in March…..

Mr Sutherland said he was keeping an open mind about going around again in his former seat of Mt Lawley, which he lost to Labor’s Simon Millman after a 13 per cent swing against him.

But he believed a number of his former colleagues would use the council elections to build a platform for a return to Parliament.

“A lot of people put an enormous amount of time into their electorates and they’d be silly not to get on to council if they want to have another go,” Mr Sutherland said.

Aboriginal Australia seeks more than the symbolic recognition of first peoples status on offer from the Liberal-Nationals Federal Government

“The Australian story began long before the arrival of the First Fleet on 26 January 1788. We Australians all know this. We have always known this.”

Final Report of the Referendum Council, 30 June 2017:

Recommendations

The Council recommends:

1. That a referendum be held to provide in the Australian Constitution for a representative body that gives Aboriginal and Torres Strait Islander First Nations a Voice to the Commonwealth Parliament. One of the specific functions of such a body, to be set out in legislation outside the Constitution, should include the function of monitoring the use of the heads of power in section 51 (xxvi) and section 122. The body will recognise the status of Aboriginal and Torres Strait Islander peoples as the first peoples of Australia.

It will be for the Parliament to consider what further definition is required before the proposal is in a form appropriate to be put to a referendum. In that respect, the Council draws attention to the Guiding Principles that emerged from the National Constitutional Convention at Uluru on 23–26 May 2017 and advises that the support of Aboriginal and Torres Strait Islander peoples, in terms of both process and outcome, will be necessary for the success of a referendum.

In consequence of the First Nations Regional Dialogues, the Council is of the view that the only option for a referendum proposal that accords with the wishes of Aboriginal and Torres Strait Islander peoples is that which has been described as providing, in the Constitution, for a Voice to Parliament.

In principle, the establishment by the Constitution of a body to be a Voice for First Peoples, with the structure and functions of the body to be defined by Parliament, may be seen as an appropriate form of recognition, of both substantive and symbolic value, of the unique place of Aboriginal and Torres Strait Islander peoples in Australian history and in contemporary Australian society.

The Council recommends this option, understanding that finalizing a proposal will involve further consultation, including steps of the kind envisaged in the Guiding Principles adopted at the Uluru Convention.

The Council further recommends:

2. That an extra-constitutional Declaration of Recognition be enacted by legislation passed by all Australian Parliaments, ideally on the same day, to articulate a symbolic statement of recognition to unify Australians.

A Declaration of Recognition should be developed, containing inspiring and unifying words articulating Australia’s shared history, heritage and aspirations. The Declaration should bring together the three parts of our Australian story: our ancient First Peoples’ heritage and culture, our British institutions, and our multicultural unity. It should be legislated by all Australian Parliaments, on the same day, either in the lead up to or on the same day as the referendum establishing the First Peoples’ Voice to Parliament, as an expression of national unity and reconciliation.

In addition, the Council reports that there are two matters of great importance to Aboriginal and Torres Strait Islander peoples, as articulated in the Uluru Statement from the Heart, that can be addressed outside the Constitution. The Uluru Statement called for the establishment of a Makarrata Commission with the function of supervising agreement-making and facilitating a process of local and regional truth telling. The Council recognises that this is a legislative initiative for Aboriginal and Torres Strait Islander peoples to pursue with government. The Council is not in a position to make a specific recommendation on this because it does not fall within our terms of reference. However, we draw attention to this proposal and note that various state governments are engaged in agreement-making.

Current Referendum Council members:

Pat Anderson AO

Mark Leibler AC

Megan Davis

Andrew Demetriou

Natasha Stott Despoja AM

Murray Gleeson AC

Tanya Hosch

Kristina Keneally

Jane McAloon

Noel Pearson

Michael Rose AM

Amanda Vanstone

Dalassa Yorkston

Galarrwuy Yunupingu AM

The Australian, 18 July 2017:

Two indigenous Labor MPs have expressed doubts about the Referendum Council’s proposal for indigenous constitutional recognition, saying the councils’ final report, delivered yesterday, does not provide a clear line of sight to constitutional change.

Malcolm Turnbull yesterday cautiously backed what he called “a very big new idea” put forward by the Referendum Council he and Bill Shorten appointed 18 months ago, namely their sole recommendation of a special indigenous advisory body to the parliament.

But WA Labor Senator Pat Dodson said the recommendation had surprised some people, while NSW Labor MP Linda Burney said the sole recommendation was “limiting”, and most Australians would be “shocked” to learn that it has ruled out addressing race powers in the constitution.

Prime Minister Turnbull yesterday promised to consider the Referendum Council’s proposal, but indicated he was cautious about putting it to a national vote.

“We do not want to embark in some sort of exercise of heroic failure. I have some experience in trying to change the constitution and know better than most how hard it is.”

Senator Dodson said he wasn’t sure that progress is being made on the recognition of indigenous Australians.

“Unfortunately I think we’re going in circles a bit at the moment,” he told 7.30.

“I don’t think we’ve got a clear line of sight as to where any constitutional change whether it’s going to take place or not. Certainly on our side of politics we’re open to that. I’m not sure whether the government side is quite open as we are to the proposition.”

UNSW Dean of Law George Williams said a strong process would be needed to convince the Australian electorate that the Referendum Council’s proposal is worth voting for.

The Guardian, 18 July 2017:

These powers, s.51xxvi, were inserted into the constitution as part of the 1967 referendum and give the commonwealth power to make laws for “the people of any race for whom it is deemed necessary to make special laws”.

That allowed for the construction of laws such as native title and Aboriginal heritage laws but it also allowed the federal government to make discriminatory laws.

Burney said while the idea of an Indigenous voice to parliament was huge and important, it was limiting to consider it as the only option.

“I think that is very limiting,” Burney told the ABC. “I think that is more of a minimal approach when ... they don’t want us to address the issues of the race powers and recognition of first peoples in the constitution.

“I think the Australian community would be shocked to think that we are not going to deal with the archaic race powers in the constitution but that is what the Referendum Council is instructing the parliament.”

Burney underlined that it was unclear what the Indigenous voice would do, its structure or how people would be elected. 

She said the Coalition and Labor needed to consider the report. Labor’s Indigenous caucus meets on Wednesday. She warned that any idea needed to be passed in the parliament and the idea of enshrining a national body would be a “challenge for some people”.

Sky News, 20 July 2017:

Indigenous Liberal MP Ken Wyatt has expressed disappointment at the decision to abandon the push for constitutional recognition, saying the timeline for a referendum has now been pushed back to beyond this term of government.

Notes

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51

(xxvi)  the people of any race , other than the aboriginal race in any State, for whom it is deemed necessary to make special laws;

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 122

Government of territories

                   The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.

Mouth of the Clarence River in Yaegl Country

“Always” by Frances Belle Parker

https://www.sydneyoperahouse.com/visit-us/BaduGili.html

Quotes of the Week

“Abdel-Magied's savaging has been so grotesque in its meanness, ugly in its intolerance and alarming in its violence, that it's obvious something else is going on, too – something has been legitimised and unleashed. And it seems to be hostility to Islam, as well as women.” [Julia Baird writing in The Sydney Morning Herald, 14 July 2017]

“A few years ago I talked to [Prime Minister Malcolm Turnbull] for two hours about climate change, and he had a great grasp of it. Then he turns around and does nothing. To me, that is truly criminal.” [Marine scientist J.E.N. “Charlie” Vernon quoted in The Sydney Morning Herald, 14 July 2017]

“It has put Australia in a position it's only been in three times before: Minor parties securing more than a quarter of all votes. Every time we have been in this situation, one of the major parties has been reshaped or disappeared.” [Economist Andrew Charlton quoted in The Sydney Morning Herald, 15 July 2017]

Look who's trolling Trump

A reminder to rural and regional businesses that there always needs to be a valid reason based on fact for dismissing staff

FAIR WORK COMMISSION

DECISION U2017/1880 Excerpts, 14 July 20017

[42] In dealing with unfair dismissal claims over the past 20 years a handful of cases remain memorable because of their particular circumstances. In some instances, the case was remarkable because of the manifest absence of valid reason for dismissal, usually accompanied by deplorable procedural deficiencies. In other cases, the audacity of the employee to make complaint about their dismissal was consistent with a history of misconduct that provided unassailable valid reason for which the individual should have been dismissed much earlier. Unfortunately, this case will join the ranks of those elite few which forever remain ignominiously memorable…..

[52] Employees are human beings and not human resources. A machine or item of office equipment might be quickly discarded if it is broken or malfunctioning. However, an employee is entitled to be treated with basic human dignity, and advice of the termination of employment by telephone or other electronic means should be strenuously avoided so as to ensure that the dismissal of an employee is not conducted with the perfunctory dispassion of tossing out a dirty rag……

[59] In summary, this case has involved a very regrettable absence of valid reason for the applicant’s dismissal. Further, it has been highly lamentable to observe the seriously flawed manner in which the employer first determined, and then conveyed the decision to dismiss the applicant. The circumstances of this case provide strong foundation for argument against any lessening of legislative protections for unfair dismissal, a proposition which seems to regularly resurface, and gain a level of publicity that is disconnected with reality.

[60] Regrettably, the dismissal of the applicant was harsh, unjust and unreasonable. Thankfully, the applicant is a person protected from unfair dismissal, and she is entitled to have the Commission provide an appropriate remedy.

A plea on behalf of NSW Liverpool Plains communities

LOCK THE GATE:

It's been a difficult week on the Liverpool Plains. Yesterday the New South Wales Government paid coal company Shenhua $262 million dollars in a deal that removes part of their larger exploration licence but still lets the company go ahead with it's full coal mining project on the irreplaceable Liverpool Plains. There is a lot of public relations spin from the NSW Government, but the cold hard truth is that they haven't stopped the Shenhua Watermark coal mine and the company now says it plans to proceed to start the project. The consequences for local farmers adjoining the mine, and the productivity of this vital national foodbowl, will be severe. Local farmers have been fighting this proposal for ten years, and need your support now to phone the NSW Premier to tell her that she hasn't delivered what is needed and she must stop the entire Shenhua coal mine and cancel all licences. Can you phone the Premier now?  The Government is trying to throw the coal dust over our eyes by telling us this is a great win for the Liverpool Plains. But in fact, all they have done is pay an exorbitant price for some areas that Shenhua never had any intention of mining, whilst allowing the full 4,000 hectare mine with 3 massive open-cut coal pits to go ahead full bore on the Plains. The NSW Government has the legal power to cancel the entire Shenhua exploration licence and put an end to this dangerous mine proposal once and for all. Please phone the Premier now and let her know that is what she needs to do.  We've got some simple talking points here to help you with your call. This is an incredibly crucial moment. We need a crescendo of voices demanding full protection of this magnificent country and an end to the Shenhua mine project. Thanks for your help, George Woods Lock the Gate Alliance http://www.lockthegate.org.au/ Lock the Gate Alliance · PO Box 6285, Sth Lismore, NSW 2480, Australia . You can also keep up with Lock the Gate Alliance on Twitter or Facebook.