NSW Independent Commission Against Corruption investigating regulation of lobbying, access and influence in state government circles

In New South Wales state governments have attempted to regulate political and commercial lobbying of members of parliament and public servants under provisions contained in Lobbying of Government Officials Act 2011 , Lobbying of Government Officials (Lobbyists Code of Conduct) Regulation 2014, Lobbying of Government Officials (Lobbyists Code of Conduct) Amendment Regulation 2019, Premier’s Memorandum M2015-13 ‘NSW Lobbyists Code of Conduct’, Premier’s Memorandum M2015-05 ‘Publication of Ministerial Diaries and Release of Overseas Travel Information’. 

To date this approach has obviously been working so well that on 5 August 2019 the NSW Independent Commission Against Corruption (ICAC) began public hearings into the regulation of lobbying, access and influence in NSW (Operation Eclipse). 

Three hearing days occurred in August and the next public hearing date is not scheduled until 21 October 2019.

 According to ICAC; “Like the Commission’s previous examination of lobbying practices in 2010 (Operation Halifax), this investigation is not concerned with examining whether any particular individual may have engaged in corrupt conduct, but rather seeks to examine particular aspects of lobbying activities and the corruption risks involved in the lobbying of public authorities and officials.” 

Interestingly on 30 August 2019 The Australian gave this explanation of the possible genesis of Operation Eclipse: 

The NSW corruption commission will examine the “revolving door” where politicians and public servants leave their careers to move into jobs with private sector lobbyists, warning that the trend has whittled away public trust. 

Heidrun Blackwood, a senior corruption prevention officer for the NSW Independent Commission Against Corruption, said the crisis of public trust in government risked cascading towards “doomsday” levels in the near future. 

She said the integrity body would soon investigate the access granted to special interest groups by MPs and public servants. 

Ms Blackwood flagged the investigation after Christopher Pyne — a former federal defence minister — took up a defence consulting job with EY, and former federal foreign minister Julie Bishop landed a gig as a board director with development contractor Palladium. 

Both have denied wrongdoing and have been cleared by outgoing public service boss Martin Parkinson, who is appearing before a parliamentary committee today to take questions on the matter….. 

According to the Grattan Institute, since 1990 more than one-quarter of all federal ministers or assistant ministers have taken up roles in lobbying outfits or special interest groups since leaving parliament. 

“The revolving door is an issue that we are going to look at,” Ms Blackwood said. “It is true that, on the one hand, it is part of democracy to have that conversation. 

“On the other hand, there is also the impression that some people are getting more access than others. That has prompted our commissioner to look at that issue more closely.”

It wasn't enough that the Morrison Government gamed the rules and began an unofficial election campaign months before 11 April 2019 at taxpayers' expense - the fiddle appears to have continued right up to polling day

On the morning of Thursday 11 April 2019 Prime Minister & Liberal MP for Cook Scott Morrison visited the Australian Governor-General in order to formally dissolve Parliament at 8:30am and call a federal election. 

Once that was done a reasonable person would suppose the Prime Minister, along with every other MP and senator, would be obliged to use party and personal campaign funds until after polling day on 18 May. 

That may possibly have been the original intent when the rules were first drafted but over the years that has morphed into a loose obligation to use party and personal funds only after the official political party campaign launch.

These same rules also allow government ministers to campaign right up to polling day on other people's money by listing the expense claim as "Official Business", as well as getting free VIP jet travel around the country.

In 2019 Scott Morrison launched the Liberal Party campaign just 6 days out from polling day - playing the national electorate for fools

So instead of using Liberal Part funds from 11 April 2019 onwards, Scott Morrison spent $11,540 of taxpayers' money crisscrossing the country and staying overnight to give his stump speeches as well as glad handing voters and the party faithful. 

He also spent $1,786.40 on travel by Com Car at taxpayers' expense during the official federal election campaign. Morrison even made a Com Car claim on polling day.

These claims were on top of the est. $1,961.79 charge to taxpayers for fuel for his own car in the period which included the 38 day election campaign. 

That is a total of $15,389.19 charged to the taxpayer during the official federal election campaign. 

If he was an ethical politician he would immediately pay back that money back. 

See Scott Morrison's expense claims here.

The Deputy-Prime Minister & MP for Riverina Michael McCormack was even more of a drain on taxpayer wallets.

He spent $9,544 on overnight stays for his stump speeches and glad handing courtesy of the taxpayer and, a further $1,769.09 for campaigning in his own electorate.

Then there the $4,900 to travel to and from his own electorate on Day 14 of the official election campaign.

Taxpayer generosity apparently also extended to $4,373.52 in Com Car expenses so that he could campaign in comfort.

Then of course there was the est. $2,659.50 charge to taxpayers for fuel for his own car in the period which included the 38 day election campaign. 

That is a total of $23, 246.11 charged to the taxpayer during the federal election campaign. 

See Michael McCormack's expense claims here.

Readers can find other MP/Senator expense claims at https://www.ipea.gov.au/pwe.

However, if you want a quick summary.....

The Sydney Morning Herald, 1 September 2019:

Taxpayers copped millions of dollars in bills for flights, charters, hotels and luxury cars as politicians and their staff jetted around the country campaigning in the federal election. 
 
Ministers also kept charging taxpayers for travel right up to polling day, despite a convention that most expenses after the official campaign launches should be paid by the political party...... 

The records reveal that despite the government being in caretaker mode, cabinet ministers still claimed almost $550,000 in travel allowance, air fares and luxury car transport during the campaign period - for themselves alone. 

Shadow cabinet ministers claimed about $385,000 in similar expenses. Ministers usually travel with multiple staff such as media and policy advisers, meaning the true cost of those trips is likely to be many times higher. 

A detailed breakdown of staff campaign costs is not available. But across April, May and June, cabinet ministers' staff racked up nearly $5 million in travel expenses, and shadow ministers' staff had travel bills of about $1.6 million during that period....

National Party ministers spent more than most, with the outgoing Mr Scullion racking up more than $100,000 in taxpayer-funded expenses during the campaign, including $80,000 in charter flights. He declined to comment. 

Agriculture Minister David Littleproud billed taxpayers more than $65,000 for travel during the campaign period, including $46,000 in charter flights around regional Queensland....

The profligacy was not limited to the major parties, with Katter's Australian Party leader Bob Katter spending $60,000 on travel during the campaign, including $50,000 on charter flights. 

Former senator Fraser Anning, the far-right Queenslander who lost his seat, spent $11,250 on flights alone during the campaign, including trips to Melbourne, Perth and Adelaide.

Read the full article here.

A proposal to dam the headwaters of the Clarence River would be a “bloody disaster”, says a grazier whose family has lived on the river since 1880

Freshwater section of the Clarence River
Photo: The Daily Examiner, 31 August 2019

The Daily Examiner, 31 August 2019, p.1: 

A proposal to dam the headwaters of the Clarence River would be a “bloody disaster”, says a grazier whose family has lived on the river since 1880. Trevor Wingfield said the flow in the river at his property at Fine Flower was the worst he had seen since the 1990-94 drought. 

“I can drive across the river on my motorbike and the water doesn’t even cover the tyres on the bike,” he said. 

“The ABC came out to shoot some footage to use on the Country Hour and I was able to ride my motorbike along the river and barely wet the wheels. 

“Normally there would be three to four foot of water in the river at this time of the year.” Mr Wingfield rates the current water flows as worse than the 1990s drought. 

“It took from 1990 to ’94 for the flows in the river to get so low. This time it’s only been about 14 months.” 

He said taking any water out of the system during drought times would be disastrous and farmers along the Clarence would fight it. 

“If they try anything, they’ve got a big fight on their hands,” he said. “I’ve got a heap of women from around here behind me and they’re not going to take a backward step. 

“I call this my river. I was reared on it and my family has seen all that’s happened on it since the 1880s. 

“The Aboriginals told my grandparents things about this river no-one knows now. There’s nothing anyone can tell me about the Clarence River.” 

Clarence Valley Mayor Jim Simmons was also adamant no water would be leaving the Clarence for a long time. 

Cr Simmons said not one of the Southern Downs, Toowoomba, Western Downs and Tenterfield Shire councils had contacted the Clarence Valley about a proposal to pipe water inland from the Clarence headwaters. 

“It’s a little surprising they’ve gone so far down the track without involving us,” Cr Simmons said. 

“Neither State Government has contacted us either.” 

He said the council would defend the region against any attempts to take water out of the Clarence catchment. 

“The attitude here is pretty strongly against it and if there was to be any change in policy we would have to thoroughly consult the community,” he said. 

Cr Simmons said people who saw the tidal reaches of the Clarence River at Grafton or in the Lower Clarence would have a different view if they saw it north of Copmanhurst. 

“They would see some pretty shallow flows in the river,” he said. 

He said the Clarence Valley’s water supply came from the Nymboida River and the Shannon Creek Dam, which supplies water to the Clarence Valley and Coffs Harbour. 

Cr Simmons said the Valley was now enjoying the benefits of planning for the future, which other areas perhaps needed to emulate. 

“The problem for these councils is this plan won’t help them now,” Cr Simmons said. 

“The lead time in consultation and planning, plus the construction of the infrastructure that would include water-conveying infrastructure as well as any dams will take a long time.” 

Cr Simmons said the Clarence catchment would need all the water unless there was good rain soon. 

“We were out opening a bridge on the Old Glen Innes Rd recently and I saw the creek bed was completely dry,” he said. “We might not be in a position to be giving up any of our water pretty soon.” 

The man who kicked off the Not ADrop campaign to keep the Clarence River flowing, former Daily Examiner editor Peter Ellem, said his position has not changed since those days. 

Mr Ellem, a Clarence Valley councillor, said he preferred to leave commentary on the latest developments to the Mayor, but was on record opposing any river diversion proposals. 

The Clarence Valley’s drinking water supplies look good for now, with the Nymboida River flow of 236 ML/day feeding consumption of 18.17 ML/day.

The Shannon Creek Dam is at 97 per cent capacity. 

The Daily Examiner, 31 August 2019, p.18: 

FROM THE EDITOR’S DESK 
BILL NORTH Editor 

Take your gloves off and dig your heels into the muddy (edit: crystal-clear rocky) banks of the Clarence. 

We’re going in for round two of the Not a Drop: Keep the Clarence Mighty campaign and this one could be an epic battle for the ages. 

Views on how best to manage water vary greatly depending on whether you watch sunrises over sea or sunsets over dusty plains. 

Those inland dwellers living in the rain shadow of the Great Dividing Range and sparse expanses beyond are in the grips of despair, pondering ways to manufacture reliable water supplies to ensure their longevity. 

Southern Downs councillors voted in favour of submitting a project to divert water from the upper reaches of the Clarence River west as top priority in a list of significant projects to the Federal Government. 

They see a seven per cent water allocation with large volumes flowing out to sea as a waste. 

We know natural river flows are imperative to sustain fish stocks that drive our tourism industry in the upper and lower catchment, as well as commercial viability in the estuary. 

They perceive that piping water inland will have little impact on coastal communities while rescuing the economic viability of Australia’s food basket. 

We know a dam would have a disastrous impact on farmers living downstream in a Valley where primary production – which includes beef, sugar cane, aquaculture, prawn trawling, fishing, macadamias and blueberries – is worth almost $500 million to its annual economy. 

The Southern Downs region incorporates councils from Toowoomba, Western Downs and Southern Downs in Queensland as well as Tenterfield Shire in NSW and has “a major deficit in access to secure water supplies for urban consumption and for agriculture”, according to Toowoomba Mayor Paul Antonio. 

“New sources of water can include diversion from the headwaters of the Clarence River basin via the Maryland River,” Cr Antonio said. 

“Nothing short of a visionary, nation-building initiative led by the Commonwealth will solve this problem.” 

When the Darling Downs was last gripped in severe drought in 2006, then-editor of The Daily Examiner Peter Ellem deflected calls for water diversion in true Darryl Kerrigan fashion: “Tell ’em up there in Toowoomba they’re dreamin’,” he said at the time. 

This publication launched the Not a Drop: Keep the Clarence Mighty campaign and successfully resisted the federal push to investigate options.  
As droughts get harsher the waves of pressure inevitably become stronger and a government desperate to find solutions to combat the climate disaster may turn to drastic measures. 

If we have to go to war with the Federal Government again, the Clarence River could become little more than a red trickle after that bloodbath. 

As we’ve seen with Adani and other coal-mining projects in Queensland, not even the Great Barrier Reef – a World Heritage area with a tourism industry worth $6.4 billion a year – can stand in the way when this Government sets its mind to something. 

At a meet-the-candidates forum for the state election earlier this year, all five Clarence candidates stood firm against the idea of sharing our water. 

It’s that kind of solidarity that will be needed in the fight to keep our pristine waters unsullied. As the leading and most trusted local media source, we reach a greater audience in the Clarence Valley than anyone else and are your most effective mouthpiece. 

What do you think about ideas to divert water west? Or proposals to build dams, mines and ports in our river system? 

Join the debate, send an email to newsroom@dailyexaminer.com.au and have your say as we fight protect our most valuable asset: water.

Northern Regional Planning Panel to consider 140 lot development on 19 September 2019

29 August 2019 

Dear Sir or Madam 

NOTICE OF PUBLIC MEETING – NORTHERN REGIONAL PLANNING PANEL 

The panel will meet to determine the following development application: 

  2015NTH026 – Clarence Valley – SUB2015/0034 ‐ Hickey Street, Iluka ‐ 140 lot residential (Community Title) subdivision and new roads 

Relevant documents will be available on the Planning Panels website www.planningportal.nsw.gov.au/planningpanels at least seven days before the meeting. 

The purpose of the meeting is to give interested people the opportunity to speak directly to the panel before a decision is made. If you wish to present to the panel, you must register to speak by contacting the Planning Panels Secretariat before 4pm Tuesday, 17 September 2019 on 02 8217 2060 or via email to enquiry@planningpanels.nsw.gov.au 

Any person is welcome to attend the public meeting to observe. 

The panel is required to make an audio record of the meeting and make the recording publicly available on the Planning Panels website. You should be aware that this may include your personal information if you are presenting to the panel. 

The panel will aim to publish its decision on the Planning Panels website within 7 days of the meeting. 

 Guidelines for speakers 

 As a guide, individuals will have 3 minutes to speak, a community group will have 10 minutes in total, and the applicant, including consultant(s), a total of 15 minutes to present and address issues raised in public submissions. Any requests for extending time limits are to be granted at the discretion of the Chair. 

 Please consider focussing your oral submission on how the assessment report has addressed your concerns, as the panel will have read your written submission before the meeting. 

If you have any questions, please contact the Planning Panels Secretariat on 02 8217 2060. 

Yours sincerely 

Lisa Foley Project Officer

Clarence Valley Council voted to recommend the subdivision 6 to 1 on 27 August 2019.

NSW Berejiklian Coalition Government will no longer offer $250 pa council rates rebate to new pensioners from 2020?

It has been on the NSW Government agenda for some years now, but it is looking highly likely that the Berejiklian Liberal-Nationals Government is going to scrap the annual $250 rates rebate for homeowners holding a Commonwealth Pensioner Concession Card for all but existing Age, Veterans Affairs TPI/EDA, War Widow and Disability Support pensioners.

All future homeowning pensioners will instead be able to defer the first $1,000 of their annual rate payments (CPI indexed), with full payment of the debt (plus interest) on sale of the house/unit/flat.

The Daily Examiner, 30 August 2019, p.4: 

Council has expressed disappointment at being unable to provide feedback on a critical pensioner concession. 

After the Office of Local Government invited feedback on the Independent Pricing and Regulatory Tribunal’s report into the review of the Local Government Rating System, Deputy Mayor Jason Kingsley moved a motion to have council express disappointment there was no further consultation on the pensioner concession. 

Clarence Valley Council was able to provide feedback on a raft of recommendations by IPART but could not comment on a proposal to introduce a scheme to allow eligible pensioners to defer up to $1000 of their rates. 

Cr Kingsley was scathing in his assessment of the scheme which he said appeared “has been decided” and involved indexing the rates to CPI to be paid when the house was sold. 

“Not only is the recommendation to remove the current $250 concession in lieu of the deferral... but it will also be charged interest until the full amount is recovered,” he said. 

“So the financial legacy the pensioner was hoping to leave to their families may be eaten up in deferred rate charges as well as interest.” 

Cr Karen Toms as “devil’s advocate” said while she agreed with the motion on the principle that they had not been able to provide feedback, she was “a little bit torn” as the council spends about $1 million on pensioner subsidies each year. 

“I actually quite liked the idea of perhaps deferring it. I know it sounds mercenary perhaps but the reality is that house is going to be sold one day. I am torn a little bit,” she said. 

Clarence MP Chris Gulaptis said since 2011 the NSW Government had invested $694 million to help pensioners make ends meet and IPART’s recommendation to create a rate deferral scheme had been ruled out. 

“It is important to strike a balance between providing rebates and continuing to fund the services that local communities need – services such as hospitals, roads, education and child care.” he said. 

In 2017 when the issue was last raised, council did not support the recommendation to introduce rate deferrals and said it was “council’s strong view pensioner concession must be fully funded by the State Government”. 

“A rate deferral scheme is problematic in local government areas with a high proportion of pensioners and low property values as it may result in less than full recovery of deferred debts from sale of properties and create cash flow issues for the council” the resolution from the October 18 meeting stated.....

The petty mind of Australian Prime Minister Morrison on display for all to see

US-China trade war affecting share price of Australian corporations, Australia helping to increase tensions in the Middle East, the national economy tanking, wages not keeping up with cost of living for low & middle income earners, home ownership falling, drought to last until end of year at least, inland towns starting to run out of drinking water, mass fish kills expected this summer and the Darling River dying - and the list goes on and on.

What is Prime Minister and Liberal MP for Cook, Scott Morrison, worried about? 

The signs on certain toilet doors.

Prime Minister Scott Morrison says this sign is "ridiculous" and he wants them removed.

"It will be sorted out. It is not necessary." #auspol https://t.co/zwYfSMKl2d

— Bevan Shields (@BevanShields) August 29, 2019

Australian PM Scott Morrison gets a slap in the face from regional News Corp masthead

The Daily Examiner, 29 August 2019: 

OUR SAY 
BILL NORTH 
Editor 

Be sure to verify statements before you take them with a grain of salt – even when they’re delivered by our most trustworthy Prime Minister. It’s probably not a profound statement given today’s world leaders and proliferation of fake news. 

But once upon a time, you could trust your national leader to rise above the spin. Scott Morrison’s response to the GetUp campaign during the federal election – which succeeded in ousting colleague Tony Abbott, if little else – was to smear the activist group with nothing short of propoganda. 

He has accused GetUp of bullying and misogyny – two words more apt for describing some of the far-right politicians who were targeted not because of their political allegiance, but because they actively blocked progress on environmental and humanitarian issues that, in the eyes of GetUp, shouldn’t be political footballs. 

As an observant member of the media with no political allegiance, but an environmentally conscious soul, I was on the GetUp mailing list. 

In this age of ruthless political tactics, GetUp’s consistency to their cause using fact-based evidence in an articulate, respectful and considered tone gave them far more credibility in my mind than any political party. 

If all you know about GetUp is how they’ve been portrayed in the media, then please read a couple of their releases, before jumping on the bandwagon. 

You might not agree with their philosophies, but they do play clean and fair.