Friday, 4 May 2018

Liberal Party apparatchik lays out part of Turnbull Government workplace reform game plan?


More rabid than the most rabid Liberal and Nationals party members elected to the 45th Australian Parliament, former CEO of the Australian Chamber of Commerce and Industry & present inaugural Australian Small Business and Family Enterprise Ombudsman, Kate Carnell, released a 4 page position paper on 27 April 2018. 

On those double-spaced A4s Ms. Carnell managed to lay out the what looks very like an Institute of Pubic Affairs-Coalition Government game plan.

Amongst other things found on this wish list are:

By-pass the Fair Work Commissioners by creating an "online dispute resolution tool as an early intervention to quickly resolve more straightforward termination disputes".


“small business must make good [on underpaid wages owed to workers] but there is to be "no prosecution, penalty or fine”

* “Lower the compensation cap, and reduce the cost and time of conciliation and settlement processes” with “maximum compensation limited to 13 rather than 26 week’s pay”.

* “Recognise and legally accept the common small business practice of paying a buffer above the minimum award wage on the assumption this will ‘take care’ of additional obligations” so that businesses do not have to meet the full legal conditions of employment.

* “Elevate substantive over procedural matters for unfair dismissal” - after all employers shouldn't have to fully comply with a Fair Work Commission code.

* Provide "free access to legal expertise" for employers, that is free access to private businesses involved in matters before the Fair Work Commission which is funded by the taxpayer.

* “The FWO to review the mechanism for providing definitive [free] advice so small businesses can have certainty and can rely on [in tribunal hearings] when defending a dispute to the FWC”.

* “tackle the behavior [sic] of those who do not do the right thing and gain unfair advantage”.

Earlier in the year on 31 January Ms. Carnell was in the media as Ombudsman decrying any reasonable increase in the national minimum wage.

So there you have it - supressed wages growth and less worker rights are on the agenda in the lead up to the forthcoming federal election.

Former hotelier, Australian Minister for Small and Family Business, the Workplace and Deregulation & current Liberal MP for Reid, Craig Laundy, is also "keen to make life easier for small and family businesses to navigate our complex industrial relations system"

He would be most pleased if businesses would "use their trust and friendship with their workers" to convince them that any changes to industrial relations legislation is going to turn their futures into paradise here on earth.

Thursday, 3 May 2018

A guide for those following the Turnbull Government response to evidence given in the Financial Services Rooyal Commission


It won't be long before members of the Turnbull Government - from lowly backbenchers through to cabinet ministers - will be seeking to find excuses to give banks, along with finance and insurance companies, a 'get out of gaol free' card despite whatever findings and recommendations are contained in the final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

It almost goes without saying that such big political donors are bound to have some members of the government willing to fight in their corner in order to water down whatever post-royal commission legislative provisions are proposed.


To help with discerning just who might play those games, here is a list of Liberal and Nationals MPs and senators with banking/finance/insurance/superannuation backgrounds or who worked for large accountancy firms.


Altogether they make up 16.98 per cent of the Turnbull Government.
 
AUSTRALIAN HOUSE OF REPRESENTATIVES 45TH PARLIAMENT

Malcolm Turnbull MP (Lib) – former investment banker, Goldman Sachs

Josh Frydenberg MP (Lib) - former director, Deutsche Bank AG 

Kelly O’Dwyer MP (Lib) - former executive, National Australia Bank

Mathias Cormann MP (Lib) – former health services manager & acting general manager, HBF Insurance

Scott Bucholz MP (Lib) - former agri-finance manager

Bert Van Manen MP (Lib) - former bank officer, financial adviser 

Jason Falinski MP (Lib) - former strategy and M&A, Insurance Australia Group

Steven Ciobo MP (Lib) - former senior associate, Australasian Institute of Banking and Finance

John McVeigh MP (Lib) – former graduate executive trainee, Bank of Queensland

Barnaby Joyce MP (Nat) - former rural banker

Kevin  Hogan MP (Nat) -  former money market and bond trader, State Bank of NSW/Colonial State Bank & former Investment officer, Australian Catholic Superannuation Fund, former superannuation consultant 

Michelle Landry MP (Nat) - former supervisor, National Australia Bank

David Littleproud MP (Nat) – former banking and finance roles

AUSTRALIAN SENATE 45TH PARLIAMENT

Jane Hume SEN (Lib) - former investment research manager NAFM/ NAB, private banker NAB, senior manager, Rothschild Australia, vice president Deutsche Bank
Arthur Sinodinos SEN (Lib) - former banker

Dean Smith SEN (Lib) - former head insurance strategy, IAG

OTHER MEMBERS OF TURNBULL GOVERNMENT WHO FORMERLY WORKED FOR LARGE ACCOUNTANCY FIRMS/FINANCIAL INDUSTRY GROUPS

Ian Goodenough MP (Lib) - former accountant and senior associate, Financial Services Institute of Australasia

Michael Sukkar MP (Lib) – former senior consultant, PricewaterhouseCoopers

Matt Canavan SEN (Nat) – former senior executive, KPMG 

Note: Employment descriptions are ones that have been used by MPs & Senators themselves as of 28/04/18

ABC reprimanded for calling the most destructive politician of his generation "the most destructive politician of his generation"


It seems poor 'Aunty' ABC was caught out for telling a basic truth about former sacked Australian Prime Minister and current Liberal MP for Warringah Anthony John "Tony" Abbott.

She should have known better - that judgement is not due to be handed down by historians until the day after his earthly demise.

Until then Australian voters must politiely pretend in public they have no idea this is so.


Australian Communications and Media Authority, media release, 1 May 2018:

A statement contained in an ABC News report breached the impartiality provisions of the ABC Code of Practice (the code), the Australian Communications and Media Authority (ACMA) has found.

The ACMA investigated a complaint about an ABC News report, broadcast nationally on 10 October 2017, covering a climate change speech by former prime minister the Hon. Tony Abbott, MP to the Global Warming Policy Foundation think tank.

The investigation found the report generally demonstrated fair treatment and open-mindedness in the way it presented Mr Abbott’s views on climate change over time.

However, a statement made to camera by the ABC’s political editor that Mr Abbott was ‘the most destructive politician of his generation’ was declarative and not in keeping with the scope of the factual matters presented earlier in the report.

The ACMA considered the statement judgemental, not in language considered as analysis and one that the ordinary reasonable viewer would have understood as a pejorative descriptor. As a result, the ACMA found a breach of Standard 4.1 of the code, in that the report was not presented with due impartiality.

‘The impartiality provisions in the ABC’s own code require it to demonstrate balance and fair treatment when presenting news, and avoid conveying a prejudgement’ said ACMA Chair Nerida O’Loughlin.

‘This is only the second breach by the ABC of its impartiality rules since 2011. While this demonstrates strong compliance with these important provisions of the code, the ABC did not get it right on this occasion,’ Ms O’Loughlin said.

The ABC has advised the ACMA that ABC News will incorporate the ACMA finding into its editorial compliance training programs. The ACMA accepts this as an appropriate action by the ABC in the circumstances.

For more information, please contact: Emma Rossi, Media and Communications Manager (02) 9334 7719, 0434 652 063 or media@acma.gov.au
Media release 11/2018 - 1 May

Wear the reprimand with pride, Andrew Probyn and Aunty!



UPDATE

Time for the Streisand Effect to kick in......




Wednesday, 2 May 2018

Q. If Telstra steals est. $60 million, repays $5 million in compensation and is fined $10 million, leaving a profit of $45 million - how big are the telco’s performance bonuses this year?



Readers with a Telstra mobile phone account need to check that their phone was not set to ‘Premium Direct Billing’ before 3 March 2018.

Because although Telstra put out a media release there was no promise to proactively contact all mobile customers with this news below and, the telco will be be deciding which individual account holders (who have been overcharged for a service they did not consent to) will be contacted concerning compensation.

It is possible it will not manage to contact every customer who had been improperly charged. So if you suspect that you may have been then phone Telstra.

New Matilda, 27 April 2018: 
      
Ordinarily, when you get caught stealing, you have to pay the money back, and the punishment you receive is meant to dissuade you from stealing again.

Unless you’re a major Australian corporation. In which case, you can steal tens of millions of dollars from your ‘valued clients’, pay a fine that represents a tiny proportion of what you pinched, issue a few million in refunds… and then keep the rest.

Introducing Telstra and its third-party ‘Premium Direct Billing’ scam, which netted Australia’s biggest Telco a cool $45 million profit, after fines and refunds.

Yesterday, the Federal Court fined Telstra $10 million for the rip-off after it found that Telstra “did not adequately inform customers it had set the Premium Direct Billing service as a default on their mobile accounts. If customers accessed content through this service, even unintentionally, they were billed directly by Telstra”.

“Thousands of Telstra mobile phone customers unwittingly signed up to subscriptions without being required to enter payment details or verify their identity.

By introducing and operating the Premium Direct Billing service, Telstra generated substantial profits by exposing customers to unauthorised charges,” Chairman of the Australian Competition and Consumer Commission Rod Sims announced in a media statement.

The prosecution was launched by the ACCC with powers delegated from the Australian Securities & Investments Commission. You might remember that sleepy Australian corporate watchdog from such scandals as the banking royal commission....

“Telstra estimates it has provided refunds of at least $5 million, and it will review any future complaints in light of this action and deal with those customers in good faith. The ACCC estimates further refunds may be in the order of several million dollars.”

The man who would be prime minister


“In terms of ministerial oversight, the portfolio has the following ministers: the Minister for Home Affairs, who sits in the cabinet and who is also separately sworn as the Minister for Immigration and Border Protection; the Minister for Citizenship and Multicultural Affairs; the Minister for Law Enforcement and Cybersecurity; and the Assistant Minister for Home Affairs. The core functions of the department are policy, strategy, planning and coordination in relation to the domestic security and law enforcement functions of the Commonwealth as well as managed migration and the movement of goods across our borders…..four portfolio agencies that sit alongside the department, which are statutorily independent, but they are within the portfolio. They all, like me, report to the cabinet minister. The Australian Federal Police, ACIC, AUSTRAC and Australian Border Force. That is four. Then, with the passage of relevant legislation that is currently before the parliament, ASIO will move across soon.  [Secretary Dept. of Home Affairs Michael Pezullo at Senate Estimates Hearing, Legal and Constitutional Affairs Legislation Committee, 26 February 2018]

The worry about concentration of political power per se and that power in inappropriate hands…….

The Saturday Paper, 28 April 2018:

Peter Dutton is arguably the most powerful person in the country. In his new ministry he has oversight for national security, for the Federal Police, Border Force and ASIO, for the law enforcement and emergency management functions of the Attorney-General’s Department, the transport security functions of the Department of Infrastructure, Regional Development and Cities, the counterterrorism and cybersecurity functions of the Department of Prime Minister and Cabinet, the multicultural affairs functions of the Department of Social Services, and the entire Department of Immigration and Border Protection.

It is hard to imagine any member of federal parliament less suited to exercise the sort of powers now held by Dutton. It is easy to argue that no minister should be entrusted with such vast powers. But the fact that those powers are in Dutton’s hands is seriously alarming.

Ministerial powers are subject to limits. The rule of law means that the limits are subject to supervision by the judicial system. Most ministers understand that. Dutton apparently does not…..

On April 7, 2018, Dutton called for “like-minded” countries to come together and review the relevance of the 1951 Refugee Convention.

So, here it is: Australia’s most powerful minister is wilfully mistreating innocent people at vast public expense. He is waging a propaganda war against refugees and against the people who try to help them. And he is trying to persuade other countries to back away from international human rights protection.

He tries to make it seem tolerable by hiding it all away in other countries, so that we can’t see the facts for ourselves. [my yellow highlighting]

Evidence that the community concern is justified…….

MSM News, 29 April 2018:

Ministers are planning to make it easier for the government to spy on its own citizens, a leaked document has revealed.

As it stands, the Australian Federal Police and Australian Security Intelligence Organisation need a warrant from The Attorney-General to access Australians' emails, bank records and text messages.

But ministers are reportedly planning to amend the Intelligence Services Act of 2001 to allow Home Affairs Minister Peter Dutton and Defence Minister Marise Payne to give the orders without the country's top lawyer knowing

The intelligence - which could include financial transactions, health data and phone records - would be collected by a government spy agency called the Australian Signals Directorate. 

The plan was revealed by a leaked letter from Home Affairs Secretary Mike Pezzullo to Defence Secretary Greg Moriarty.

The top secret letter, written in February and seen by The Sunday Telegraph, details a plan to 'hack into critical infrastructure' to 'proactively disrupt and covertly remove' cyber-enabled criminals including child exploitation and terror networks. 
In March, the plan was outlined in a ministerial submission signed by Mike Burgess, the chief of the Australian Signals Directorate.

It states: 'The Department of Home Affairs advises that it is briefing the Minister for Home Affairs to write to you (Ms Payne) seeking your support for a further tranche of legislative reform to enable ASD to better support a range of Home Affairs priorities.'
But a proposal to change the law has not yet been made.

A spokesman for the Defence Minister Ms Payne said: 'There has been no request to the Minister for Defence to allow ASD to counter or disrupt cyber-­enabled criminals onshore.' 
      
An intelligence source told The Sunday Telegraph that the proposals could spell danger for Australians.

'It would give the most powerful cyber spies the power to turn on their own citizens,' the source said.

The letter also outlines 'step-in' powers which could force companies to hand over citizens' data, the source added.

The submission says the powers would help keep Australian businesses and individuals safe. [my yellow highlighting]

The inherent dishonesty of the Dept. of Home Affairs…..

Secretary of Department of Home Affairs Michael Pezullo, Senate Estimates, Legal and Constitutional Affairs Legislation Committee, 26 February 2018, denying the possibility of by-passing the judiciary and “the country's top lawyer”:

As I said at the last estimates meeting of this committee, all executive power is subject to the sovereignty of this parliament and to the supremacy of the law. In bringing the security powers, capabilities and capacities of the Commonwealth together into a single portfolio, these fundamentals will remain in place. All of them are crucial attributes of liberty. I repeat what I said last year to this committee: any contrary suggestion that the establishment of Home Affairs will somehow create an extra judicial apparatus of power bears no relationship to the facts or to how our system of government works, and any suggestion that we in the portfolio are somehow embarked on the secret deconstruction of the supervisory controls which envelop and check executive power are nothing more than flights of conspiratorial fancy that read into all relevant utterances the master blueprint of a new ideology of undemocratic surveillance and social control. [my yellow highting]

Ministerial denial - of sorts....

When confronted by the mainstream media Dutton supported government spying on its citizens, saying he believes there is a case to be made for giving the Australian Signals Directorate more powers to investigate domestic cyber threats, with appropriate safeguards in place and "If we were to make any changes ... I would want to see judicial oversight or the first law officer (attorney-general) with the power to sign off on those warrants".

Hands up everyone in Australia who will sleep well knowing that the tsar has spoken. *crickets*

Tuesday, 1 May 2018

In incremental moves Trump is distorting rights and protections in the U.S.


The U.S. Dept. of Justice Manual contains a collection of basic manuals, guidelines, policy statement and procedures that govern the action of U.S. Attorneys working for the department.

The U.S. Attorneys’ Manual having recently been reviewed by the Trump Administration no longer contains this section for the instruction of its law officers – in PUBLIC SAFETY,  PUBLIC TRIALS, PUBLIC SAFETY & MEDIA RELATIONS sections 1-7.112 Need for Free Press and Public Trial.



One doesn't have to look very hard to see where Turnbull & Co's budgetary spending money is coming from


Australian Treasurer Scott Morrison is waxing lyrical about the state of government finances ahead of next week's 2017-18 Budget announcements. 

Tax cuts for low and middle income earners, company tax cuts, increased infrastructure spending and no increase in the Medicare Levy - all on the back of increased taxation revenue.

But that is not quite the whole truth. The Abbott and Turnbull governments have been steadily reducing the safety-net income and living conditions of welfare recipients for years in order to increase the budget bottom line.

It has been reported Scott Morrison has found over $8 billion in savings in the forthcoming Budget and one can guess where a significant portion of those 'savings' have been found given past history.

A walk down memory lane.......

Exhibit One


The 2014­–15 Budget proposes to change indexation arrangements for the Age Pension, veterans’ pensions, Carer Payment, Disability Support Pension and Parenting Payment (Single) so that payment rates are only adjusted by movements in the Consumer Price Index (CPI). The measure will save $449.0 million over five years…

The budget savings from this measure arise from lower growth in the rate of payment provided to pensioners. Effectively, pensioners will receive a lower payment over time than they would have had the indexation method not been changed. Lower payments also affect the impact of the pension means test with less people likely to qualify for a payment under the income and assets test over time…

The Government estimates that $1.5 billion will be saved over four years through a freeze on the income and asset test threshold for all Australian Government payments. The thresholds for Family Tax Benefit, Child Care Benefit, Child Care Rebate, Newstart Allowance, Parenting Payment (Single and Partnered) and Youth Allowance will not be subject to annual CPI indexation for three years from 1 July 2014…

A further change to the pension means test, lowering the deeming thresholds, will accrue minor savings of $32.7 million for one year of operation (in 2017–18) but significant savings in the years beyond the forward estimates.....

Exhibit Two

The Australian, 5 December 2016:

The Turnbull government is ramping up efforts to claw back $4 billion believed to have been ­incorrectly paid to welfare recipients, issuing debt notices worth $4.5 million every day in a bid to rein in the ballooning welfare bill.

The Australian has learned a new automated system that matches a welfare recipient’s ­details with information from the Australian Taxation Office is generating 20,000 “compliance interventions” a week, up from 20,000 a year before the crackdown came into effect in July.

Human Services Minister Alan Tudge said the new system, which is expected to generate 1.7 million compliance notices to welfare recipients over the next three years, was helping to meet the government’s debt recovery targets.
“Our aim is to ensure that ­people get what they are entitled to — no more and no less. And to crack down hard when people ­deliberately defraud the system,” he told The Australian…..

In the 2015-16 budget and midyear budget update, the government estimated $4bn in welfare benefit overpayments were likely between 2010 and 2018. Budget papers forecast that the government will achieve savings of $1.7bn over five years through debt recovery….

In March 2015 the Reserve Bank cut its cash rate and cut it twice more by December 2016 and the big banks had followed suit. However, the Turnbull Government cut deeming rates for pensioners once only. The base deeming rate continues to date at 1.75% while CBA pensioner security account interest ranges from 0.50% to 1.10% for a good many age pensioners - giving the government a sly and petty saving over time.

Exhibit Three

In 2017 the waiting period for new claimants of New Start AllowanceYouth Allowance and Special Benefit was increased to a minimum of four weeks for those aged under 25 years and Youth Allowance age eligibility restricted in a  federal government omnibus bill.

This bill also applied further eligibility restrictions to Family Tax Benefit payments, removed the pensioner education supplement,  the annual education entry payment assisting with education expenses for eligible recipients, and and the requirement for employers to provide Government-funded parental leave pay to their eligible long-term employees and other measures. 

Total savings were est. $2.37 billion over six years.

The Department of Social Services has confirmed about 86,600 part-rate age pensioners had their pension cancelled as a result of the assets test changes that came into effect on January 1, 2017

Exhibit Four

In the 2016-17 financial year previous changes to the Disability Support Pension resulted in est. $1.5 billion in government savings. Further savings are expected in projections out to 2027-28.

The Guardian, 27 April 2018:

The federal government has created a “false economy” by restoring the budget bottom line through cuts to the disability support pension and potentially pushing more people into homelessness, a leading economist has said.

Speaking at a budget preview forum hosted by Industry Super Australia in Melbourne on Thursday, the Industry Super chief economist, Stephen Anthony, said the federal budget position had improved due to business receipts and cuts to personal benefit payments, particularly the disability support pension.

“The problem here of course is we’re seeing this spill out on to our streets in terms of homelessness,” Anthony said. “I’d say there’s a bit of a false economy occurring there and I’d ask the tax office to consider the models that they’re using and their reliability because the flipside of what they’re doing is causing a lot of social damage and social harm.”

The Turnbull government has tightened the eligibility criteria for the disability support pension, which the Australian Council of Social Services (Acoss) says resulted in a 63% drop in successful claims for the the pension between 2010 and 20116.

People who are not successful in claiming the disability support pension but are still unable to work have been pushed on to unemployment benefit Newstart, which pays $170 less per week…..

He said even a modest surplus was dependent on the government resisting the temptation to spend money in what is likely to be the last budget before the next federal election, saying “we don’t want to see tax cuts … we need tax reform, not necessarily tax cuts”.

The treasurer, Scott Morrison, this week announced he had scrapped a planned $8.2bn increase to the Medicare levy to fund the national disability insurance scheme, saying strong economic growth in the past 18 months meant it was no longer necessary.

The government has also telegraphed a personal income tax cut to address cost-of-living pressures in an environment of stagnant wage growth.

Anthony said the current budget parametres anticipate that annual wages growth will return to more than 3%, a projection that he said is unlikely to be met.