Thursday, 12 December 2019

Grafton civil rights law firm has a win in the High Court of Australia which should stop NSW Police from unlawfully arresting people for the sole purpose of questioning them when there was no intention at the time of arrest to bring them before a magistrate


The Grafton civil rights law firm of Foott Law & Co. had a win in the High Court of Australia on 4 December 2019 in the matter of a 2013 wronfgul arrest. 

In this lengthy progession through the lower courts to the High Court solicitor Joe Fahey was assisted by Dominic Toomey SC, Dallas Morgan and Dean Woodbury.

The High Court dismissed the appeal in State of New South Wales v Robinson and ruled concerning the power of a police officer to arrest a person, without a warrant, under s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ("the Act") when, at the time of the arrest, the officer had not formed the intention to charge the arrested person with an offence. A majority of the High Court held that s 99 of the Act does not confer a power to arrest a person in such circumstances.....

The High Court unanimously held that in New South Wales, at common law, an arrest can only be for the purpose of taking the arrested person before a magistrate (or other authorised officer) to be dealt with according to law to answer a charge for an offence ("the single criterion"). Nothing in the Act displaced that single criterion. An arrest under s 99 can only be for the purpose, as soon as is reasonably practicable, of taking the arrested person before a magistrate (or other authorised officer) to be dealt with according to law to answer a charge for an offence. A majority of the High Court held that it followed that the constable did not have the power to arrest Mr Robinson pursuant to s 99 when, at the time of the arrest, the constable had not formed the intention to charge him. The arrest was unlawful.


Australian Prime Minister Scott Morrison creates his own personal 'Canberra Bubble'


It is looking more and more as though Scott Morrison is intent on surrounding himself with those that can be relied upon to think exactly as he does on any topic.

Encouraging a bubble of 'yes men' à la Trump, thereby discouraging alternative perspectives and eliminating dissent.

The Australian, 7 December 2019:

The Prime Minister has assembled a team to drain the swamp his way. Scott Morrison is building a new power bloc around his leadership, dismantling the old “Canberra club” with a network of friends, confidants, bureaucrats and trusted allies tasked with reshaping Australia’s political, cultural and policy direction….

While not publicly visible or involved in the day-to-day running of the Prime Minister’s office, Morrison’s two close friends outside of politics, David Gazard and Scott Briggs, are perhaps as influential as anyone.

Central to Morrison’s strategy has been the purge of the public service…..

Leading the reform agenda across the whole of government is the new Department of Prime Minister and Cabinet head Phil Gaetjens, Home Affairs secretary Mike Pezzullo, Treasury secretary Steven Kennedy, Infrastructure and Transport tsar Simon Atkinson, Social Services chief Kathryn Campbell, and David Fredericks, tapped to head the new Department of Industry, Energy, Science and Resources. The links to Morrison are as stark as some of the links these new mandarins have to each other.

Gaetjens was installed as Treasury secretary from his role as then-treasurer Morrison’s chief of staff, the same job he held in Peter Costello’s office. The two would speak regularly and became close. Gaetjens represented the first move in the changing of the guard when he was installed as DPMC head after Martin Parkinson was told his term would not be extended. As part of this week’s APS clean-out, Parkinson’s wife Heather was one of the five secretaries told their services were no longer required…..

The Australian, 6 December 2019:

Mr Morrison retains a tight-knit group of friends and advisers, led by businessman Scott Briggs and former Liberal staffer David Gazard. Yellow Brick Road chairman Mark Bouris, Macquarie Group managing director Shemara-Wikramanayake, former prime minister John Howard, political strategist Lynton Crosby, former business colleague Adrian Harrington, former NSW police commissioner Andrew Scipione, former Liberal MP Warwick Smith and developer Harry Triguboff are considered key sounding boards for Mr Morrison. His former flatmates Stuart Robert and Steve Irons, both MPs promoted by Mr Morrison, are also close to the Prime Minister….

A senior government source said “there is no Big Bang” but the “principles and direction have been set for people to get on board or get out”.

Some agencies will resist, citing the need for special treatment, but they’ll more often than not find themselves in the same position as the goat which is tethered in the Tyrannosaurus Rex enclosure,” the source said.

Key department chiefs who have been promoted have direct links to Mr Morrison and with each other.

They include Department of Prime Minister and Cabinet secretary Phil Gaetjens, Home Affairs boss Mike Pezzullo, Treasury secretary Steven Kennedy, Infrastructure and Transport tsar Simon Aktinson, Social Services head Kathryn Campbell, and David Fredericks, tapped to head the new Department of Industry, Energy, Science and Resources…..

The Weekend Australian can reveal that many of the new senior mandarins have close links with Mr Morrison and personal connections through previous roles in Treasury, Defence and politics.

Mr Pezzullo, Mr Atkinson, Mr Kennedy, Mr Fredericks and Productivity Commission chairman Michael Brennan have previous experience working together. Mr Morrison worked closely with Mr Pezzullo and Chief of the Defence Force Angus Campbell in setting up and operating Operation Sovereign Borders.

Ms Campbell — a senior Army Reserves officer who worked across multiple departments — also had contact with Mr Morrison in delivering the Coalition’s major welfare reforms.

The Power List also reveals the inner workings of Mr Morrison’s office, with Dr Kunkel and Mr Finkelstein leading a team of close advisers including Mr Shearer, head of communications Andrew Carswell, Liberal Party federal director Andrew Hirst, national security adviser Michelle Chan and executive officer Nico Louw.

Insiders said Dr Kunkel, who ran Mr Howard’s cabinet policy unit before shifting to the private sector, acted as the “gatekeeper” and “decision maker”, while Mr Finkelstein took charge of “networking, speaking to stakeholders and keeping in touch with backbenchers and ministers’ offices”.

Financial Review, 6 December 2019:

Shortly after the federal election, I had a conversation with a figure at the very centre of the government. As we raked over where the election had left the political conversation, I noted the Prime Minister’s repeated emphasis on getting on with delivering services to Australians in his public statements.

Did this suggest that a politician so driven by marketing memes had detected a weariness with the ideological wars of politics among disconnected voters, and recognised political self-interest in shaping both the government’s message, and its agenda, around the basics of government service delivery? Did this mean the government might abandon some of its ideological warfare against institutions?

“Don’t be ridiculous,” this person snorted. “If anything, this government is more ideologically driven than Abbott. They want to win the culture wars they see in education, in the public service, in all of our institutions, and they’ll come for the ABC too, of course. There will be a big cleanout at the top of the public service, but Morrison will wait for a while to do that. They believe the left has been winning the war for the last twenty years and are determined to turn the tables. Morrison will just be craftier about the way he goes about it.”

Is Morrison building such a large political fortress so that he can refuse to acknowledge climate change for his entire prime ministership, whilst at the same time merging church and state where ever and whenever possible?

Is he intent on becoming an autocratic president in practice rather than a democratic prime minister?

Does he intend to forcefully shape Australia into his own personal image of what New Jerusalem looks like?

Wednesday, 11 December 2019

What a backburn looked like in one section of a northern NSW mega fire


News.com.au, 8 December 2019:

2:26 pm December 8, 2019 

Photo perfectly captures firefighters' bravery 

Ally Foster 


A photo of three firefighters battling a blaze in NSW's north has earned praise from hundreds of social media users.
The picture shows National Parks and Wildlife Service fire fighters Matt McClelland, Ray Dayman and George Barrott-Brown working to backburn a fire in Washpool, near Grafton.

The men appear to be surrounded by flames as they face the blaze in front of them.

"Back burns are conducted as part of fire containment strategies, at the direction of the incident controller," the National Parks and Wildlife Service wrote on Facebook.
Picture: Kyle Gibson 
"While the photo gives the impression they are surrounded by fire, they are highly trained staff, working within safer burnt ground, with a clear path of retreat."
The incredible photo gained hundreds of comments, with many people thanking the men for their bravery.
"Just looks so overwhelming. You all do an amazing job, putting your own lives on the line to keep everyone else safe," one person said.
"You are all incredible and brave. Thanks for all your efforts," another wrote.
One added: "This photo taken by Kyle Gibson of a fire near Grafton NSW gets me choked up. The bravery of firefighters is unmeasurable."

165,000 “fake news” posts with 14.3 million interactions on 21 co-ordinated accounts that Facebook Inc. let slip by without close scrutiny


The Guardian, 6 December 2019:

The message from Israel arrived on an otherwise unremarkable afternoon for 36-year-old Beau Villereal.

At his family’s sprawling 42-acre property outside Live Oak in Florida’s rural north, Villereal sat alone in his bedroom trawling for news about Donald Trump to share on the rightwing Facebook  page he runs with his mother and father.

The messenger, who gave her name as Rochale, asked Villereal to make her an editor of Pissed off Deplorables, a self-described “pro-America page” that feeds its thousands of followers a steady diet of pro-Trump, anti-Islam content.

I totally understand you,” she wrote. “I’m from Israel and this is ... really important to me to share the truth.

Please give me a chance for a day.”

About 1,000 miles north in Staten Island, New York City, Ron Devito was tapping away on his laptop to the 20,000 followers of his pro-Trump Facebook page, Making America 1st, when he received a similar message, this time from someone using the name Tehila.

She pitched to me that she was a good editor, she could provide some good content to increase likes and views on the page,” Devito told the Guardian. “Could I just give her a chance and let her post her stuff, right? So I figured, ‘What the heck, give it a shot’.”

Villereal and Devito weren’t the only ones. Over the past two years, a group of mysterious Israel-based accounts has delivered similar messages to the heads of at least 19 other far-right Facebook pages across the US, Australia, the UK, Canada, Austria, Israel and Nigeria.

A Guardian investigation  can reveal those messages were part of a covert plot to control some of Facebook’s largest far-right pages, including one linked to a rightwing terror group, and create a commercial enterprise that harvests Islamophobic hate for profit.

This group is now using its 21-page network to churn out more than 1,000 coordinated faked news posts per week to more than 1 million followers, funnelling audiences to a cluster of 10 ad-heavy websites and milking the traffic for profit.

The posts stoke deep hatred of Islam across the western world and influence politics in Australia, Canada, the UK and the US by amplifying far-right parties such as Australia’s One Nation and vilifying Muslim politicians such as the London mayor, Sadiq Khan, and the US congresswoman Ilhan Omar.

The network has also targeted leftwing politicians at critical points in national election campaigns. It posted false stories claiming the UK Labour leader, Jeremy Corbyn, said Jews were “the source of global terrorism” and accused the Canadian prime minister, Justin Trudeau, of allowing “Isis to invade Canada”.

The revelations show Facebook has failed to stop clandestine actors from using its platform to run coordinated disinformation and hate campaigns. The network has operated with relative impunity even since Mark Zuckerberg’s apology to the US Senate following the Cambridge Analytica and Russian interference scandals.

When the Guardian notified Facebook of its investigation, the company removed several pages and accounts “that appeared to be financially motivated”, a spokesperson said in a statement.

These pages and accounts violated our policy against spam and fake accounts by posting clickbait content to drive people to off-platform sites,” the spokesperson said. “We don’t allow people to misrepresent themselves on Facebook and we’ve updated our inauthentic behaviour policy to further improve our ability to counter new tactics.”

But this comes too late for some of the network’s victims. Australia’s first female Muslim senator, Mehreen Faruqi, felt the full force of the network in August last year, when 10 of its pages launched coordinated posts inciting their 546,000 followers to attack her for speaking in parliament against racism….

It begins with a single post, curated by Israel-based administrators.
The post typically has an attention-grabbing headline and links to an article that mimics the style of a legitimate news story.

It employs a blend of distorted news and total fabrication to paint Muslims as sharia-imposing terrorists and child abusers, whose existence poses a threat to white culture and western civilisation.

It is then published almost simultaneously to the network’s 21 Facebook pages, which have a combined 1 million followers across the globe….

The Guardian conducted an analysis to confirm the extent of coordination across the network, checking where posts were identical in content and similar in publication time across different pages.

The network published 5,695 coordinated posts at its height in October 2019, receiving 846,424 likes, shares or comments in that month alone.

In total, the network has published at least 165,000 posts and attracted 14.3 million likes, shares or comments. The content is amplified further by other far-right Facebook pages, including those run by the rightwing UK Independence party (UKIP), who share it organically.

The posts link back to one of 10 near-identical websites masquerading as news sites with generic titles like “The Politics Online” and “Free Press Front”. Ad-heavy and poorly designed, the websites feature “stories” that usually combine slabs of copied text intermingled with unsourced opinion and graphic imagery.

Although Facebook Inc. asserts it removed several accounts it appears that only five account pages have been taken down and, even after the far-right network was outed by the newspaper a number of the “controlled” accounts are still displaying content.

The Guardian podcast with journalist who did the spadework is here.

Tuesday, 10 December 2019

Flashing hate symbols is not OK


Anti-Defamation League, media release, 26 September 2019:

The “OK” hand symbol – Begun as a hoax by members of the website 4chan, the OK symbol became a popular trolling tactic. By 2019, the symbol was being used in some circles as a sincere expression of white supremacy. Australian white supremacist Brenton Tarrant flashed the symbol during his March 2019 courtroom appearance soon after his arrest for allegedly murdering 50 people in mosques in Christchurch.

It's not just white terrorists or your garden variety right-wing racists who are flashing this hate sign - it looks suspiciously like public figures are also deciding it is fun to flash.

Here are two images and one video. A group photo which includes the Australian Prime Minister's wife on the far right (from a Liberal Party of Australia tweet), another of a Sky News broadcaster live on-air and, video of segment of Sky News program.
Twitter image

Snapshot taken from Twitter image
Image on Twitter 3 December 2019


Even the Australian Bureau of Meteorology rain radars are finding they are impacted by NSW bushfires


This tweet is from the Director of ABC News on 6 December 2019:

Monday, 9 December 2019

How brand names are faring in Australia in 2019 - best and worst list


Every year the Brand Institute releases its National Reputation Health Report which is a quantitative study of Australia’s 100 most recognisable companies, devised to measure the reputation of leading brands and companies with a presence in Australia.

The 2019 report is based on a survey of 2,000 respondents who views on brand image, operations, products and services, social responsibility, innovation, communication, financial performance and customer values are sought.

These are the overall brand rankings for 2019:
100 reputations in order of level of community respect9News, 5 December 2019

Top 10 Most Respected Company Reputations in Australia 2019

1. Google - technology
2. Bunnings - retail
3. Samsung - technology
4. Apple - technology
5. Qantas - airlines
6. Woolworths - grocery/supermarket
7. Microsoft - technology
8. Toyota - automative
9. Office Works - retail
10. RSPCA - charity/non-profit

Top 10 Least Respected Company Reputations in Australia 2019

1. Centrelink - services (at -29 this brand also comes third last when assessed for social responsibility & at -26 is considered the poorest run corporation)
2. Adani - natural resources
3. Tiger Airways - airlines
4. Monsanto - other
5. Malaysia Airways - airlines
6. Exxon - natural resources
7. EA Games - retail
8. dodo - telecommunications
9. Zara - retail
10. NBN - telecommunications

It is worth noting that media giant News Corp was the 15th least respected brand name in Australia

According to 9News, 5 December 2019:

In the battle of the retail giants, Woolworths in 6th beat Coles in 11th spot while Kmart came in at 19th ahead of Aldi in 20th......

Bendigo Bank took out 55th place before the big four was lead by Westpac in 56th, CBA 61st, ANZ 70th and NAB 73rd.

IGA was the only bank to place in the top half of the list, coming in 44th position.

But it was Centrelink who came in dead last position after a damaging year of revelations about its disastrous debt recovery program, known as robodebt.