One of the reasons why local government, traditional owners and communities in the Clarence Valley should be very wary of home-grown and foreign lobbyists, investment consortiums and land developers – Part Three

In July 2018 the NSW Independent Commission Against Corruption (ICAC) continues to hear evidence in Operation Skyline.

An organisation called United Land Councils Limited was mentioned as allegedly sending its then sole director Richard Green around New South Wales to talk with local aboriginal land councils concerning certain proposals.

These trips appear to have commenced sometime in 2015.

At least one trip taken in 2016 by Mr. Green was to Yamba in the Clarence Valley, allegedly at the behest of Nicholas Petroulias.

The subject of the alleged discussion/s with the Yaegl community in Yamba was the creation of a large port in the Clarence River estuary.

It shoud be noted that by July 2016 Yaegl elders and the Yaegl Traditional Owners Aboriginal Corporation were strongly opposed to a mega port being created in the estuary.

Mainstream media has been following current events as they unfolded.....

The Daily Telegraph, 13 July 2018:

AUSTRALIA’S youngest ever tax chief is behind bars after ­allegedly being caught with a wallet full of counterfeit cash, bank cards in different names and dodgy driver’s licences.

Nick Petroulias, once the nation’s second most powerful tax official, appeared before Burwood Local Court as Michael Nicholas Felson earlier this week having been pulled over by police while driving his luxury black BMW X5.

When the officers stopped him in inner-west Sydney on June 20, the 50-year-old is alleged to have handed them a current New Zealand driver’s licence in the name of another alias, Nicholas James Piers.

Police will allege that inquiries revealed Piers was a permanent resident of Australia and allegedly had a number of aliases including Nick Petersen, Michael Felson as well as his real name — Nick Petroulias.

Under his various aliases he is alleged to have held one NSW driver’s licence, three Queensland licences, one from Victoria and another from Tasmania, only two of which were current. He has not been charged over those licences.

Once a Melbourne legal whiz-kid, Petroulias (pictured left) was made assistant commissioner of the Australian Taxation Office at the age of 30. In 2014 he was declared bankrupt with eye-watering estimated debts of $104 million.

On Tuesday he appeared in court via videolink from Silverwater Jail dressed in prison greens as he used his fingers to flatten the “comb-over” hiding his bald head.

Court documents show he has pleaded not guilty to knowingly possessing seven counterfeit Australian $50 bank notes and two counts of possessing bank cards with the intention of committing fraud. He was refused police bail on June 20 and refused bail in Burwood Local Court the next day.

His case has been adjourned to August 14 when the court was told he will make a fresh bail application.

Newcastle Herald, 17 July 2018:

A member of the Awabakal Local Aboriginal Land Council has admitted to giving false evidence to the Independent Commission against Corruption and disobeying orders not to discuss its inquiry with other potential witnesses, after an intercepted phone call was played in which he told former tax official Nick Petroulias about an inquiry into land deals with which the pair were involved.

But Richard Green, former deputy chair of Awabakal, denied he was “tipping off” Mr Petroulias about the ICAC inquiry.

He was reprimanded by Commissioner Peter Hall QC for failing to answer questions directly.

“Mr Green if you're going to obstruct this commission you could be putting yourself into real trouble,” Commissioner Hall said.

On Monday, Mr Green was questioned about whether he spoke to anyone after receiving a summons from the ICAC in January, telling him he would be required to appear before its Operation Skyline public hearings and warning him not to discuss the matter with any other person.

When pressed by counsel assisting the commission, Nicholas Chen SC, Mr Green admitted he had a brief conversation with Mr Petroulias about the summons, but said it was because he had not read the warning contained within the letter.

However minutes later, a phone intercept was played where Mr Green was heard to read the contents of the letter to Mr Petroulias, including the direction to keep the summons confidential.

“That was contrary to the clear and express statement of what you were not permitted to do. Isn't that right?” Mr Chen said. “What's your excuse, Mr Green, for doing that?”

“Like I said before I don't – I haven't got an excuse,” Mr Green responded.

The inquiry heard that Mr Petroulias is in custody on unrelated charges. 

The former tax office high flyer is accused of playing a "central role" in four deals to sell off Awabakal land. The ICAC is investigating whether the deals were a sham to benefit Mr Petroulias, his lawyer partner Despina Bakis, and Awabakal board members Mr Green and Debbie Dates.

Mr Green conceded that his signature appeared on a number of the sales agreements. However he insisted he could not read well and had not read through documents when they were given to him to sign by either Mr Petroulias or Ms Bakis.

He could not explain why he signed the documents without telling other board members about them, despite board approval being a requirement of land sales. He agreed his behaviour was "reckless in the extreme" but denied he benefited financially from it.

"When you've got a person acting like Nick you take notice of them," he said. "And I keep saying over and over if people understand how Aboriginal land councils function they will understand what I'm talking about.''

Newcastle Herald, 19 July 2018:

Luxury cars, gold jewellery, and Foxtel subscriptions were among the items that Richard Green bought with money disgraced former assistant tax commissioner Nick Petroulias provided to him, allegedly for helping facilitate the sale of Aboriginal-owned land in the Lower Hunter.  

The Independent Commission Against Corruption heard on Wednesday that Mr Green, a former land council board member, is alleged to have received an estimated $145,000 between 2014 and 2016 for his personal benefit from Mr Petroulias. 

The money was received via several bank and credit card accounts that were operated in Mr Green’s name, but which appear to have been opened on behalf of him by Mr Petroulias. 

Mr Green appeared confused when presented with statements from some of the accounts and denied any prior knowledge of others. 

The commission is investigating whether a series of deals to sell Awabakal land to developers were a “ruse” to benefit former board members Richard Green or Debbie Dates.

It is also probing whether the first of the deals was a sham set up by Mr Petroulias – using a company he allegedly controlled called Gows Heat – so he could on-sell his interests to other buyers. 

BACKGROUND

25 August 2016 Yamba Port & Rail Scheme: was the NSW Upper House Inquiry into Crown Land misled?

25 September 2016 What's in a name?

20 December 2017 One of the reasons why local government, traditional owners and communities in the Clarence Valley should be very wary of home-grown and foreign lobbyists, investment consortiums and land developers

9 February 2018 One of the reasons why local government, traditional owners and communities in the Clarence Valley should be very wary of home-grown and foreign lobbyists, investment consortiums and land developers – Part Two

1 April 2018 UNITED LAND COUNCILS IN THE NEWS AGAIN: Nicholas Petroulias appears before NSW Independent Commission Against Corruption and represents himself at hearings

16 April 2018 One of those asssociated with the company behind the second push for a Yamba Mega Port allegedly used an alias when giving sworn evidence before a NSW parliamentary committee

  

Former Murdoch journalist in charge of MyHealth records –what could possibly go wrong?

Former news editor of the notorious Newscorp publication The Sunday Times which was involved in the UK hacking scandal, former  Executive Director of Transparency and Open Data in the UK Cabinet Office and then National Director for Patients and Information and head of the toxic government Care.data project which stored patient medical information in a single database. before ending up as the commercial director of Telstra Health in Australia, Tim Kelsey, was appointed as CEO of the Australian Digital Health Agency by the Turnbull Coalition Government to progress the stalled My Health Record national database in 2016 with a salary worth $522,240 a year.

 A curriculum vitae which may go some way to explaining why reports are beginning to emerge of individuals seeking to opt-out of My Health Record finding out they have been registered by stealth in the Australian national database some years ago.

Crikey.com.au, 18 July 2018:

The bureaucrat overseeing My Health Record presided over a disaster-plagued national health record system in the UK, and has written passionately about the belief people have no right to opt out of health records or anonymity.

Tim Kelsey is a former British journalist who moved into the electronic health record business in the 2000s. In 2012, he was appointed to run the UK government’s national health record system, Care.data, which was brought to a shuddering halt in 2014 after widespread criticism over the sale of patients’ private data to drug and insurance companies, then scrapped altogether in 2016. By that stage, Kelsey had moved to Telstra in Australia, before later taking a government role. There was considerable criticism about the lack of information around Care.data, and over 700,000 UK people opted out of the system.

Kelsey vehemently opposed allowing people to opt out — the exact model he is presiding over in Australia. In a 2009 article, “Long Live The Database State”, for Prospect…..

For Kelsey, this was necessary for effective health services…….

Kelsey also expressed his opposition to the anonymisation of data, even of the most personal kind…... 

Kelsey’s vision was of a vast state apparatus collecting, consolidating and distributing private information to enable an interventionist state.

Moreover, he stated others should have access to data…..

ADHA, Kelsey is doing little to fix his reputation for controversy. On Saturday, ADHA released an extraordinary 1000-word attack on News Corp health journalist Sue Dunlevy who correctly pointed out the strong risk to privacy in the My Health Record system. The statement repeatedly criticised Dunlevy, accusing her of “dangerous fearmongering” and being “misleading and ignorant”.

Dunlevy had rightly noted the lack of any effective information campaign about My Health record (exactly the criticism made of Care.data), prompting ADHA to boast of its $114 million campaign at Australia Post shops, Department of Human Services “access points” and letters to health practitioners. It makes you wonder why even News Corp’s Janet Albrechtsen said she’d never heard of My Health Record until last week…. 

Political Cartoon of the Week

@BrookesTimes July 2018

Quote of the Week

“There’s also a profound lack of class or dignity. Trump’s narcissism diminishes the presidency and America’s prestige around the world.” 

[Former Australian high commissioner to the UK Mike Rann, The Age, 14 July 2018]

Trump-Putin Helsinki 16 July 2018 Press Conference: the matter of a curious admission and omission

The mainstream media carried transcripts of the 16 July 2018 US President Donald Trump and Russian President Vladimir Putin joint press conference held in Helsinki, Finland.

Video of this press conference is available online.

There is one specific exchange between President Putin and an American reporter.

It went thus:

REPORTER: Did you want President Trump to win the election and did you direct any of your officials to help him do that?

PUTIN: Yes, I did. Yes, I did. Because he talked about bringing the U.S. Russia relationship back to normal.

The White House also posted a transcript of the joint press conference.

This is how that exchange between Putin and the American reporter is presented on the White House website:

Snapshot captured on 19 July 2018

The Kremlin English version transcript omits this question and answer in their entirety.

The Atlantic spoke with the reporter in question, Reuters' Jeff Mason:

But recordings of the exchange were muddled for two reasons. First, the English translation of Putin’s previous response was concluding as Mason began to speak. Second, the microphone seemed to pick up Mason’s question halfway through—making the latter half of it easier to hear. (Mason told me that he had held on to the microphone even though an official had tried to pull it away so that he could ask Putin a follow-up question. “I don’t know if they turned the sound off during the time when each of the presidents were speaking, or if it got flipped on and off. I certainly didn’t touch anything.”)

That the question could be heard clearly at the press conference is demonstrated at 6:10 mins in on this MSNBS The Last Word video.

So why the differing editing of the press conference video and transcripts by the White House, the Kremlin and media outlets. 

It is possible that many news outlets took their video and transcripts directly from the White House press office and presumed that any discrepancy was an instance of lost in translation.

The possibility also exists that the 'reshaping' of this question and answer was deliberate on the part of both the Oval Office and the Kremlin because it was realised that, albeit unintentionally, Russian President Vladimir Putin has just publicly admitted that not only did he want Donald Trump to win the 2016 US presidential campaign, he had directed Russian officials to help Trump win.

Too warm, too dry as Winter draws closer to Spring in Australia 2018

Australian Bureau of Meteorology (BOM), 12 Jly 2018:

Warmer days and nights favoured for August–October

August to October days and nights are likely to be warmer than average for most of the country, with high chances (greater than 80%) in eastern Victoria and NSW, and southern Tasmania.

Days and nights in August are likely to be warmer than average for most of Australia, with high chances (greater than 80%) of warmer days in the southeast.

Historical accuracy for August–October maximum temperatures is moderate for eastern and northern parts of Australia, as well as southern WA. Elsewhere, accuracy is low to very low. Historical accuracy for minimum temperatures is moderate for the northern half of Australia, SA, and Tasmania, but low to very low elsewhere.

Temperature - The chance of above median maximum temperature for August to October

Drier than average August–October likely in northeast and southeast mainland

August to October is likely to be drier than average in Victoria, NSW, southeast SA and northeast Queensland

The August outlook shows most of Victoria, NSW and Queensland are likely to be drier than average.

Historical outlook accuracy for August to October is moderate over most of the country, except for interior WA, where accuracy is low to very low.

Rainfall - Totals that have a 75% chance of occurring for August to October

Drought

June rainfall was below average for most of Australia, and very much below average for parts of the east coast

The start of the southern wet season has been drier than average

Rainfall deficiencies persist in both the east and west of the country, increasing in the east at the 6- and 15-month timescales, and along the west coast at the 15-month timescale

Lower-layer soil moisture was below average for June across most of New South Wales, the southern half of Queensland, South Australia, the Northern Territory, the Kimberley and the south of Western Australia

Soil Moisture

Soil moisture in the lower layer (from 10 cm to 100 cm deep) for June decreased over eastern Australia, and increased over parts of northwest Western Australia following above average rainfall for June.

Lower-layer soil moisture was below average for the Kimberley and southern Western Australia away from the west coast, most of South Australia and the Northern Territory, New South Wales and eastern Victoria, southern and eastern Queensland south of a line between Birdsville and Townsville, and along the coastal fringe of eastern Cape York Peninsula.

Map of lower level soil moisture for the previous month

NSW Dept. of Primary Industries, NSW State Seasonal Update - June 2018. Click on map to enlarge:

Tweed, Richmond, Kyogle, Lismore, Byron Bay, Ballina, Clarence Valley local government areas, as at 15 July 2018 according to Combined Drought Indicator:

The entire Northern Rivers region is considered drought affected. 

Slowly but surely Russian connections between the UK Brexit referendum campaign and the US presidential campaign are beginning to emerge

“We have concluded that there are risks in relation to the processing of personal data by many political parties. Particular concerns include: the purchasing of marketing lists and lifestyle information from data brokers without sufficient due diligence, a lack of fair processing, and use of third party data analytics companies with insufficient checks around consent….We have looked closely at the role of those who buy and sell personal data-sets in the UK. Our existing investigation of the privacy issues raised by their work has been expanded to include their activities in political processes….The investigation has identified a total of 172 organisations of interest that required engagement, of which around 30 organisations have formed the main focus of our enquiries, including political parties, data analytics companies and major social media platforms…..Similarly, we have identified a total of 285 individuals relating to our investigation.” [UK Information Commissioner’s Office, Investigation into the use of data analytics in political campaigns: Investigation update, July 2018]

Slowly but surely the Russian connections between the UK Brexit referendum campaign and the US presidential campaign are beginning to emerge.

The Guardian, 15 July 2018:

A source familiar with the FBI investigation revealed that the commissioner and her deputy spent last week with law enforcement agencies in the US including the FBI. And Denham’s deputy, James Dipple-Johnstone, confirmed to the Observer that “some of the systems linked to the investigation were accessed from IP addresses that resolve to Russia and other areas of the CIS [Commonwealth of Independent States]”.

It was also reported that Senator Mark Warner, vice chair of US Senate Intel Committee and Damian Collins MP, chair of the Digital, Culture, Media and Sport select committee inquiry into “fake news”, met in Washington on or about 16 July 2018 to discuss Russian interference in both British and American democratic processes during an Atlantic Council meeting.

UK Information Commissioner’s Office (ICO), media release, 10 July 2018:

Information Commissioner Elizabeth Denham has today published a detailed update of her office’s investigation into the use of data analytics in political campaigns.

In March 2017, the ICO began looking into whether personal data had been misused by campaigns on both sides of the referendum on membership of the EU.

In May it launched an investigation that included political parties, data analytics companies and major social media platforms.

Today’s progress report gives details of some of the organisations and individuals under investigation, as well as enforcement actions so far.

This includes the ICO’s intention to fine Facebook a maximum £500,000 for two breaches of the Data Protection Act 1998.

Facebook, with Cambridge Analytica, has been the focus of the investigation since February when evidence emerged that an app had been used to harvest the data of 50 million Facebook users across the world. This is now estimated at 87 million.

The ICO’s investigation concluded that Facebook contravened the law by failing to safeguard people’s information. It also found that the company failed to be transparent about how people’s data was harvested by others.

Facebook has a chance to respond to the Commissioner’s Notice of Intent, after which a final decision will be made.

Other regulatory action set out in the report comprises:

warning letters to 11 political parties and notices compelling them to agree to audits of their data protection practices;

an Enforcement Notice for SCL Elections Ltd to compel it to deal properly with a subject access request from Professor David Carroll;

a criminal prosecution for SCL Elections Ltd for failing to properly deal with the ICO’s Enforcement Notice;

an Enforcement Notice for Aggregate IQ to stop processing retained data belonging to UK citizens;

a Notice of Intent to take regulatory action against data broker Emma’s Diary (Lifecycle Marketing (Mother and Baby) Ltd); and

audits of the main credit reference companies and Cambridge University Psychometric Centre.

Information Commissioner Elizabeth Denham said:

“We are at a crossroads. Trust and confidence in the integrity of our democratic processes risk being disrupted because the average voter has little idea of what is going on behind the scenes.

“New technologies that use data analytics to micro-target people give campaign groups the ability to connect with individual voters. But this cannot be at the expense of transparency, fairness and compliance with the law.

She added:

“Fines and prosecutions punish the bad actors, but my real goal is to effect change and restore trust and confidence in our democratic system.”

A second, partner report, titled Democracy Disrupted? Personal information and political influence, sets out findings and recommendations arising out of the 14-month investigation.

Among the ten recommendations is a call for the Government to introduce a statutory Code of Practice for the use of personal data in political campaigns.

Ms Denham has also called for an ethical pause to allow Government, Parliament, regulators, political parties, online platforms and the public to reflect on their responsibilities in the era of big data before there is a greater expansion in the use of new technologies.

She said:

“People cannot have control over their own data if they don’t know or understand how it is being used. That’s why greater and genuine transparency about the use of data analytics is vital.”

In addition, the ICO commissioned research from the Centre for the Analysis of Social Media at the independent thinktank DEMOS. Its report, also published today, examines current and emerging trends in how data is used in political campaigns, how use of technology is changing and how it may evolve in the next two to five years. 

The investigation, one of the largest of its kind by a Data Protection Authority, remains ongoing. The 40-strong investigation team is pursuing active lines of enquiry and reviewing a considerable amount of material retrieved from servers and equipment.

The interim progress report has been produced to inform the work of the DCMS’s Select Committee into Fake News.

The next phase of the ICO’s work is expected to be concluded by the end of October 2018.

The Washington Post, 28 June 2018:

BRISTOL, England — On Aug. 19, 2016, Arron Banks, a wealthy British businessman, sat down at the palatial residence of the Russian ambassador to London for a lunch of wild halibut and Belevskaya pastila apple sweets accompanied by Russian white wine.

Banks had just scored a huge win. From relative obscurity, he had become the largest political donor in British history by pouring millions into Brexit, the campaign to disentangle the United Kingdom from the European Union that had earned a jaw-dropping victory at the polls two months earlier.

Now he had something else that bolstered his standing as he sat down with his new Russian friend, Ambassador Alexander Yakovenko: his team’s deepening ties to Donald Trump’s insurgent presidential bid in the United States. A major Brexit supporter, Stephen K. Bannon, had just been installed as chief executive of Trump’s campaign. And Banks and his fellow Brexiteers had been invited to attend a fundraiser with Trump in Mississippi.

Less than a week after the meeting with the Russian envoy, Banks and firebrand Brexit politician Nigel Farage — by then a cult hero among some anti-establishment Trump supporters — were huddling privately with the Republican nominee in Jackson, Miss., where Farage wowed a foot-stomping crowd at a Trump rally.

Banks’s journey from a lavish meal with a Russian diplomat in London to the raucous heart of Trump country was part of an unusual intercontinental charm offensive by the wealthy British donor and his associates, a hard-partying lot who dubbed themselves the “Bad Boys of Brexit.” Their efforts to simultaneously cultivate ties to Russian officials and Trump’s campaign have captured the interest of investigators in the United Kingdom and the United States, including special counsel Robert S. Mueller III.

Vice News, 11 June 2018:

Yakovenko is already on the radar of special counsel Robert Mueller, who is investigating Russian interference in the U.S. presidential election, after he was named in the indictment of ex-Trump campaign aide George Papadopoulos….

Banks, along with close friend and former Ukip leader Nigel Farage, was among the very first overseas political figures to meet Trump after his surprise victory in November 2016.

It also emerged over the weekend that Banks passed contact information for Trump’s transition team to the Russians.