Sunday, 17 May 2020
Finally good sense prevails over the proposed rezoning of rural land on Palmers Island
Yamba Welding & Engineering Pty Ltd has experienced a set back to its plans to establish a second boat building business in the Clarence River estuary - this time on land in School's Road, Palmers Island.
Founder and managing director Bill Collingburn has stated he will continue pushing for acceptance of his developemnt application - by which I presume he means he intends to begin trotting down to Sydney again to bend the ears of relevant state government ministers.
I'm sure objectors to the creation of a industrial working waterfront on the island will be watching closely.
The Daily Examiner, 14 May 2020:
Department firm on Palmers Island decision
The possibility of boat building on Palmers Island was diminished further yesterday as the planning department plotted the possible course for industry expansion.
The Department of Planning Industry and Environment has responded to questions following its decision to reject a Yamba Welding and Engineering plan to rezone a section of Palmers Island for boat building.
DPIE suggested it was unlikely an amended plan would be considered. “The Department recognises the high importance of marine-based industries to Clarence Valley’s local economy and has encouraged the proponent to work collaboratively with (the) council and the state agencies to identify an appropriate location to support the growth of both the proponent’s business and the local boat-building industry,” a spokesperson said.
“If an appropriate location can be identified and is consistent with local and regional strategy, the proponent may lodge a new planning proposal with (the) council for their consideration and if (the) council support it they will need to seek a Gateway Determination from the Department for it to proceed.”
The department also reiterated the reasons for rejecting the plan, highlighting it was inconsistent with state and local government plans and strategies.
“Following a rigorous assessment process, the Department of Planning, Industry and Environment will not rezone 11.7ha of rural land for a marine-based industry at Palmers Island,” the spokesperson said.
“It was determined that the proposal does not fit with the approach to develop a cluster of local industry, as advocated by the Clarence Valley Council’s Industrial Lands Strategy (2007).“It also contradicts Direction 11 of the North Coast Regional Plan 2036, which aims to protect and enhance productive agricultural lands.”
Saturday, 16 May 2020
Quote of the Week
"According
to a poll carried out by the Foundation
for Alcohol Research and Education, 70% of Australians admit to
drinking more alcohol than they would have prior to the pandemic and
34% say they are drinking alcohol every day.” [Crikey,
15 May 2020]
Friday, 15 May 2020
COVID-19 infections surface again in NSW Northern Rivesr region after almost five weeks virus free
Northern NSW Local Health District, media release, 14 May 2020:
An additional two cases of COVID-19 have been confirmed in the last 24 hours in residents of the Northern NSW Local Health District (NNSWLHD).
This brings the total cases to 57 as at 8pm Wednesday 13 May. The new cases include one resident who acquired the illness overseas and one resident whose case is still being investigated with regards to the source.
51 cases in Northern NSW Local Health District are recovered. There are no cases being treated in hospital.
NNSWLHD cases by likely source of infection:
Source Total Overseas or interstate acquired 53
Contact of a confirmed case or in a known cluster 2
Contact not identified 1
Under investigation 1
Total 57
More information and statistics for Local Government Areas can be found at https://www.health.nsw.gov.au/Infectious/diseases/Pages/covid-19-lga.aspx
Relaxed gathering restrictions to be handled with care
As we move to easing some restrictions on public gatherings, dining and outdoor activities from tomorrow, I want to remind our community to take their personal responsibilities seriously.
It’s good news that we’ll be able to move about more freely and catch up with our friends and family, but we still have an obligation to practice social distancing measures to prevent transmission of this virus.
As we’ve seen in recent days, the numbers of new cases can vary from day to day, we have certainly not overcome this pandemic.
Please do your best to keep your 1.5 metre distance from others, keep up frequent hand washing and avoid touching your face or public surfaces where possible. I also encourage everyone to download the COVIDsafe app, to help with contact tracing as we become more mobile.
It’s also imperative that anyone who is showing flu-like symptoms, however mild, comes forward for testing and stays home while they are unwell.
Our testing clinics are open seven days a week, and we encourage people to be tested again if they are experiencing flu-like symptoms, even if they have had a negative test previously.
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....
Thursday, 14 May 2020
Saga of the Morrison Government's COVIDSafe App
 |
| The New Daily |
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.
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