How ordinary Australians fought the 2019-20 bushfire season mega fires

Law Council of Australia is very concerned with some aspects of Minister for Home Affairs Peter Dutton's proposed amendments to the Australian Security and Intelligence Act 1975 (Cth) (ASIO Act)

"The Australian Security Intelligence Organisation Amendment Bill 2020 will modernise ASIO's powers and, in doing so, improve ASIO's capacity to respond to these threats [by]....lowering the minimum age of a questioning subject in relation to a terrorism matter from 16 to 14...empowering the Attorney-General to issue warrants, including orally....allow non-intrusive tracking devices, such as a device placed on a vehicle, or in a person's bag, to be authorised internally...." [Minister for Home Affairs & Liberal MP for Dickson Peter Dutton in House of Representatives Hansard, 13 May 2020]

Law Council of Australia, media release, 13 May 2020:

Statement on proposed amendments to the ASIO Act by Law Council President, Pauline Wright

The Law Council of Australia is very concerned with some aspects of the proposed amendments to the Australian Security and Intelligence Act 1975 (Cth) (ASIO Act) released today in parliament.

If adopted, the amendments would redesign the Australian Security and Intelligence Organisation’s (ASIO’s) compulsory questioning warrant regime and repeal its specific detention powers.

It would also make some significant changes to ASIO’s surveillance powers, including permitting warrantless (that is, internally authorised) surveillance in relation to the use of certain tracking devices.

The Law Council welcomes the repeal of the ASIO detention regime in relation to the investigation of terrorism, which is consistent with its longstanding policy position. However, the amendments propose a re-design of the use of questioning warrants and we are concerned that there may be very limited time to scrutinise the proposed laws, which are lengthy, complex and highly intrusive on individual rights.

The proposal to reduce the age of minors who may be subject to questioning from 16 to 14 years and the conferral of powers on police to apprehend and detain persons for the purpose of bringing them in for compulsory questioning also requires detailed scrutiny by the Law Council, amongst the many other amendments.

The Law Council is concerned that the government is now rushing the Bill, despite having had over two years to develop the re-designed questioning legislation since the PJCIS tabled its report in May 2018.

Now there is a sense of urgency given that ASIO’s current questioning powers are due to sunset in 7 September, and the amendments are set to commence by or before that date.

This is not a Bill to be hurried through.

The Law Council will need to carefully scrutinise the Bill and we look forward to providing a comprehensive submission to the inquiry. 

~~~~~~~~~~~~~~~~~

The Australian Security Intelligence Organisation Amendment Bill 2020 can be found here.

The Sydney Morning Herald, 14 May 2020:

With Federal Parliament flat out dealing with the social and economic fallout of the COVID-19 pandemic, now is hardly the right time for a government to introduce legislation giving ASIO the power to question 14-year-old children, interfere with the rights of legal advisers, and enable the tracking of individuals without the need for a warrant..... 

Dutton's law would allow ASIO to seek a warrant so it can question young people aged 14 to 18 if they are a target of an ASIO investigation into politically motivated violence: broad criteria to say the least. 

Then there is a serious attack on the fundamental right of a person, whether they be 14 or 40, to choose their own lawyer when they are subject to investigation by ASIO. The bill allows for a prescribed authority, which is a judge or Administrative Appeals member selected by the government, to stop a person ASIO is seeking to question from contacting their lawyer if "satisfied, based on circumstances relating to the lawyer, that, if the subject is permitted to contact the lawyer, a person involved in activity prejudicial to security may be alerted that the activity is being investigated, or that a record or other thing the subject may be requested to produce might be destroyed, damaged or altered". 

This power is sweeping and allows for hearsay "evidence" to be used. All ASIO would have to do is tell the judge or AAT member that it has heard from "sources" that the lawyer requested by the detainee is a security risk. 

But even if the lawyer passes muster and sits with his or her client, the ASIO officers doing the questioning can have the lawyer removed. The explanatory memorandum of the bill says that can happen, "if the lawyer's conduct is unduly disrupting questioning. This may be the case where, for example, a lawyer repeatedly interrupts questioning (other than to make reasonable requests for clarification or a break to provide advice), in a way that prevents or hinders questions being asked or answered." So if the ASIO officers are badgering or harassing a frightened 14-year-old, or asking questions that are completely irrelevant, they have carte blanche. 

As a lawyer, one hears and reads stories about colleagues in authoritarian states where such powers are given to and used by security agencies, but one never expected it in democratic Australia....

Saga of the Morrison Government's COVIDSafe App

The New Daily

First came the announcement that the Australian Dept. of Health was creating a virus contact tracing app to allow health officials to discover how many people had been in contact with future confirmed cases of COVID-19 infection.

This announcement was followed with an app name, COVIDSafe. Branding it would appear that was shamelessly filched from another app being trialled in the United States.

Soon after we were told that at least 40 per cent of the Australian population would have to voluntarily download the free app for tracing to be an effective public health tool.

Once the $1.5 million app was released on the evening of Sunday 26 April 2020 it was found to only be supported by a ministerial determination rather than legislation and, to be riddled with design & implementation flaws. Some of which were dangerous to the wellbeing of individuals whose vital health aids were supported by Bluetooth.

Draft legislation limited in scope and publication of the app source code surfaced days later.

By 1 May Prime Minister Morrison was reported as saying that easing COVID-19 public health restrictions and a return to normality will depend on uptake of the Covidsafe contact tracing app.

On 4 May the app's visuals were slightly changed and a few bugs were allegedly fixed in an automatic update. However, significant problems with use continued to be reported.

By 9 May it was obvious that the more than 10 million people needed to make digital contact tracing effective were not about to materialise.

Once the number of app downloads failed to reach 6 million the Morrison Government's rhetoric changed.

It went from saying '4 million downloads were required', to 'as many downloads as possible is the aim' and on to 'there is no target number set' for app downloads.

It also ceased linking download/registration numbers with the easing of public health restrictions and, by 8 May the National Cabinet had released its three-step plan to ease restrictions which the states and territories are beginning to implement subject to their own individual circumstances.

So it comes as no surprise to hear that the Senate Select Committee on COVID-19 has been told that virus contact tracing is not dependent on the use of the app and, tracing methods currently in place will continue even after the app tracing system is fully operational.

It would appear that Morrison & Co were lying when they stated or implied that easing public health restrictions was dependent on widespread uptake of the app. 

Despite people installing and registering the COVIDsafe app from 27 April onwards, as of Wednesday 13 May the app tracing sytem was not yet fully operational because health departments in the states and territories are yet to avail themselves of the virus contact database.

Just a reminder that although the Australian Parliament is not regularly sitting during the COVID-19 pandemic, the drive to dismantle environmental protections continues apace

The Morrison Coalition Government, aided and abetted by the NSW Coalition Government and industry is pressing ahead with dismantling New South Wales environmental protections by omission & commission.

Here are just five examples.....

The Oops, my bad! Defence

The Age, 10 May 2020:

One of NSW's major thermal coal miners has admitted it submitted inaccurate figures on the carbon emissions impact of its fuel in an environmental declaration to the state government.

Centennial Coal stated in its submission for an extension of its Angus Place coal mine near Lithgow that burning its coal would produce 80 kilograms of carbon dioxide per tonne. Similar mines – including two of its own – actually cause 30 times more emissions, or 2.4 tonnes of CO2 per tonne of coal.

"Absolutely, we stuffed up," Katie Brassil, the company's spokeswoman said. "Our consultants got it wrong and so we got it wrong."

The assessment of emissions resulting from burning fossil fuels has become a sensitive one in NSW after approvals for two projects were rejected because of the impact of so-called Scope 3 or downstream emissions resulting from burning the product……

Don’t Look Here, Look Over There!

Channel 9 News, 9 May 2020:

A controversial plan for a US company to mine coal beneath a Sydney drinking water dam has been approved by the New South Wales state government while focus was on COVID-19.

Woronora reservoir, an hour's drive south of the CBD, is part of a system which supplies water to more than 3.4 million people in Greater Sydney.

The approval will allow Peabody Energy to send long wall mining machines 450 metres below the earth's surface to crawl along coal seams directly below the dam.

Dr Kerryn Phelps says the fact the decision was made "under the cover of coronavirus" is "unfathomable".

NSW has spent 12 of the last 20 years in drought, with record low rainfall plunging much of the state into severe water shortage last year.

"We know about the potential for catastrophe," Dr Phelps told 9News.com.au.

"We just cannot let this [decision] go unchallenged."…..

Washing Their Hands Of The Problems They Caused

The Sydney Morning Herald, 9 May 2020:

Experts warn the Morrison government is not using its legal powers to protect wildlife from devastating bushfires, which killed billions of animals in the summer.

Under international law the Commonwealth is responsible for maintaining the biodiversity of World Heritage Areas. Under federal law, it’s also responsible for protecting threatened species listed under the Environment Protection Biodiversity Act. But experts say the Commonwealth is yet to fulfil its responsibilities.

A wombat in the charred remains of a Kangaroo Valley bushfire.CREDIT:WOLTER PEETERS

Environment minister Sussan Ley has argued states and territories have "primary" responsibility for wildlife. But environmental law expert, University of Tasmania professor Jan McDonald, said the environment minister is legally obliged to work with states to prevent bushfire damage to threatened species and World Heritage Areas.

A spokesman for Ms Ley said "other than Commonwealth-managed National Parks [such as Kakadu and Uluru-Kata Tjuta], natural disaster preparedness and response planning is led by states and territories as part of their role as the primary regulators of Australia’s plants and animals."….

Rigging The Books

The Guardian, 8 May 2020:

The federal government has stopped listing major threats to species under national environment laws, and plans to address listed threats are often years out of date or have not been done at all.

Environment department documents released under freedom of information laws show the government has stopped assessing what are known as “key threatening processes”, which are major threats to the survival of native wildlife.

Conservationists say it highlights the dysfunctional nature of Australia’s environmental framework, which makes aspects of wildlife protection optional for government.

The Environment Protection and Biodiversity Act is being reviewed, a once-a-decade requirement under the legislation, and there are calls for greater accountability rules to be built into Australia’s environmental laws.

It follows longstanding criticism that the act is failing to curb extinction.

‘An unacceptable excuse’

In a series of reports since 2018, Guardian Australia has uncovered multiple failures including delays in listing threatened species and habitats, threatened species funding being used for projects that do not benefit species, critical habitat not being protected, and recovery actions for species not being adopted or implemented.

The act lists threats such as feral cats, land clearing and climate change as key threatening processes that push native plants and animals towards extinction.

Once a threat is listed, the environment minister decides whether a plan – known as a threat abatement plan – should be adopted to try to reduce the impact of the threat on native species.

But a 2019 briefing document shows the department has stopped recommending the government’s threatened species scientific committee assess new key threatening processes for potential listing.

“Addressing threats to nature ... should not be treated as a luxury

Evan Quartermain”

Among its reasons given is that the department has limited resources to support the work.

The document says key threatening processes have “limited regulatory influence” – that they have little effect – and the department has limited capacity to support assessments of them. Because of this, the department did not recommend any of the key threatening processes put forward “as priorities for assessment”….

Quick, Before They Notice!

The Guardian, 23 April 2020:

The environment minister, Sussan Ley, has flagged the government may change Australia’s national environment laws before a review is finished later this year.

Ley said she would introduce “early pieces of legislation” to parliament if she could to “really get moving with reforming and revitalising one of our signature pieces of environmental legislation”.

It follows business groups and the government emphasising the need to cut red tape as part of the economic recovery from the coronavirus crisis, and comes as the businessman Graeme Samuel chairs an independent statutory review of the Environment Protection and Biodiversity Conservation (EPBC) Act. An interim report is due in June, followed by a final report in October.

When the review was announced, the government said it would be used to “tackle green tape” and speed up project approvals.

Environmental organisations have stressed the need for tougher environmental protections to stem Australia’s high rate of extinction. Australia has lost more than 50 animal and 60 plant species in the past 200 years and recorded the highest rate of mammalian extinction in the world over that period.

Ley said, with the interim report due by the middle of the year, she expected Samuel would “in the course of the review, identify a range of measures that we can take to prevent unnecessary delays and improve environmental standards”.

“Where there are opportunities to make sensible changes ahead of the final EPBC review report, I will be prepared to do so,” she said.

On Thursday, Ley and the prime minister, Scott Morrison, said work was already under way to speed up environmental assessments of projects and that the number of on time “key decisions” in the EPBC process had improved from 19% in the December quarter to 87% in the March quarter…..

An environment department spokesman said key decisions covered three items in the assessment process: the decision on whether a project requires assessment under the act, the decision on what assessment method will be used, and the final decision on whether or not to approve the project.....

How the Clarence Valley handled the Spanish Influenza pandemic in 1919 - with discipline it only took around 14 weeks to eradicate that health menace

25- 26 March 2019

The Daily Examiner, 9 May 2020, p.5:

After scouring old newspaper clippings, a Yamba researcher has some interesting insight into the similarities between two pandemics separated by more than a century. 

Using historical records accessed from the comfort of his home, John McNamara – research officer at the Port of Yamba Historical Society – has been busy piecing together the Clarence Valley response to the Spanish flu pandemic in 1919. 

“What stood out was mainly the similarities between what happened then and how it has been dealt with now,” he said. 

“Closing the borders and restricting travel, it is pretty similar to what they have done now.” Using the articles from The Daily Examiner and The Clarence River Advocate, Mr McNamara was able to get a picture of how it affected different parts of the region. 

“The first case was a prisoner that came up on the ships from Sydney – then when the first case was reported in Grafton and they stopped travel,” he said. 

At the beginning of the outbreak Grafton City Council requested the Health Minister place restrictions on people coming from Sydney to Grafton by rail or steamer. 

The council wanted to prevent anyone travelling at all unless they had a “clean health certificate”. 

By the end of the outbreak Grafton Base Hospital had been “absolutely handed over” for the treatment of influenza patients, with 500 cases treated there. 

The Lower Clarence fared better, with Mr McNamara unable to find a single confirmed case in Yamba, though there were isolated outbreaks elsewhere. 

The response in the Lower Clarence began with a public meeting on February 3, 1919, where a central committee was formed and “arrangements were immediately made to combat the scourge”. 

“An isolation ward was then established at Maclean Showground and the first patient was admitted on May 20, and up to the end of that month eight patients were admitted.” He said when the quarantine centre closed in mid-August, they had treated 46 patients.“The Lower Clarence managed to escape the worst effects of the virus thanks to the swift quarantine response by the government and by the end of August 1919 was declared virus-free,” Mr McNamara said.

From an Australian prime minister who has never taken a paycut for the last thirteen years comes this callous move....

Prime Minister & Liberal MP for Cook Scott John Morrison (pictured left) is on a reputed annual salary in excess of $549,229 - plus free, staffed accommodation & other perks. 

He who has been in a top percentile income category for at least the last 13 years, has decided it is time to renew his personal, prosperity doctrine-driven, war on the poor and vulnerable.

By 24 September 2020 approximately 1.75 million Australians between the ages of 15 to 64 years will be reduced to living on between $18 to $40 a day if single or $72 a day if a couple.

The Sydney Morning Herald, 8 May 2020:

Hundreds of thousands of unemployed Australians face a huge cut in their incomes just before Christmas as the Morrison government prepares to wind back income support despite warnings from the Reserve Bank the economy will not return to its pre-coronavirus size until 2022. 

Prime Minister Scott Morrison on Friday stood by the government's plans to phase out the coronavirus supplement for JobSeeker recipients and the JobKeeper program from mid-September, saying they came at a significant cost that would have to be borne by future generations.

The Reserve Bank of Australia, releasing its first major economic forecasts since the advent of the coronavirus pandemic, expects unemployment to reach 10 per cent in the June quarter and recede only slightly to 9 per cent by the end of the year. 

It forecast the jobless rate, which was at 5.2 per cent in March, to still be at 6.5 per cent by the middle of 2022, saying unemployment will not fall quickly....

Is News Corp & "The Australian" in contempt of the Special Commission of Inquiry into the Ruby Princess?

New South Wales Special Com... by clarencegirl on Scribd

https://www.scribd.com/document/460425328/New-South-Wales-Special-Commission-of-Inquiry-into-the-Ruby-Princess-Remarks-Made-by-Richard-Beasley-SC-8-May-2020