Quotes of the Week

"Most politicians lie whenever they are uncomfortable or caught in a tight spot. Few lie with the ease and casualness of Morrison." [Journalist Dennis Atkins writing in The New Daily, 16 May 2020]

"USA started out by electing a reality tv show host to run it and now we are all on Survivor." [G. Dixon, Twitter, 19 May 2020] 

North Coast Voices received a takedown notice on 19 May 2020

On 24 April 2018 North Coast Voices published a blog post title "Hank Jorgen and Centrelink unleash the dogs…..".

On 19 May 2020 the blog received a Google takedown notice for that particular post, effective immediately.

Now apart from its title, the post only contained one sentence of comment by North Coast Voices:

"Forget establishing that an actual debt exists – this is 2018 and come hell or high water the Turnbull Government wants to use Centrelink to prop up its financial bottom line in time for the May 2018 budget papers."

The remainder of the post comprised of extracts from two online mainstream media articles - one by journalist Alice Workman published by Buzzfeed and the other by journalist Noel Towell published by the Canberra Times. These extracts were followed by inclusion of five tweets politely critical of 'robodebt' and two links to NotMyDebt.

Both media articles are still online.

So what sin had North Coast Voices committed?

Well apparently it had used a BuzzFeed extract which mentioned a business called Detective Desk - an IT company whose services were used by at least one debt collection agency (Australian Receivables Ltd) whom Services Australia had contracted until 3 February 2021 to assist with debt management/recovery under the automated data matching Online Compliance Intervention System process aka robodebt.

One can deduce this because the 2017 Buzzfeed article now has a new headline and is prefaced by a grovelling apology which runs thus:

CORRECTION

May 19, 2017, 2:51 PM

An earlier version of this article, which was entitled 'Your private information is being sent overseas by Centrelink', included some statements about Detective Desk which were corrected and are retracted by BuzzFeed. BuzzFeed regrets these errors.

One has to wonder if the unknown person or persons who decided to chase up mention of this company and remove any part of the original Buzzfeed article from view after all these years was doing so because a class action is now underway in the Federal Court of Australia which may expose the full lengths that Liberal MP for Cook Scott Morrison, first as Minister for Social Services, then Federal Treasurer and finally as Prime Minister, went to in order to unlawfully claw back money from vulnerable welfare recipients.

Australian casual employees regularly working full-time hours win paid leave, carer & compassionate leave in Federal Court ruling - Morrison Government threatens to change law to strip new rights away

"All members of the Court have also found that Mr Rossato was not a casual FTM under the 2012 EA, noting that the circumstances of his employment could not be distinguished in a material way from those of Skene. All members of the Court have found that WorkPac is not entitled to restitution of the casual loading which it claimed was included in the hourly rate it had paid to Mr Rossato. The members of the Court have found that there was no relevant mistake, and no failure of consideration such as would support restitutionary relief. All members of the Court have found that WorkPac is not entitled to bring into account the payments of remuneration that it had made to Mr Rossato on the basis that he was a casual employee. That is because the purposes of the payments of remuneration did not have a close correlation to the entitlements that Mr Rossato seeks. All members of the Court have found that WorkPac’s reliance on reg 2.03A of the Fair Work Regulations 2009 (Cth) was misplaced. By subregulation (d), the regulation can apply only when the person makes a claim to be paid an amount in lieu of one or more of the relevant NES entitlements. That is not this case as Mr Rossato seeks payment of the NES entitlements, not payments in lieu." [Workpac v Rossato, May 2020]

Yahoo! Finance, 21 May 2020:

Casual employees working full-time hours will be entitled to paid leave, setting back employers around $8 billion in back-pay claims, after a landmark ruling by the Federal Court on Wednesday.

The decision means regular, ongoing casuals will be able to access paid annual leave, paid personal/carer’s leave and paid compassionate leave, and employers cannot claim that 25 per cent pay loadings offset those entitlements.

The ruling in Workpac v Rossato has effectively pulled the pin on the ‘permanent casual’ work model, and means any regular work that is permanent in nature is not genuinely casual, and therefore attracts the same entitlements as permanent staff.

“This is a fantastic decision that puts an end to the ‘permanent casual’ rort that has become a scourge in the coal mining industry and across the workforce,” the Construction, Forestry, Maritime, Mining and Energy Union national president Tony Maher said.

“It’s a decision that passes the pub test on what it means to be a casual and is consistent with community expectations that casual work is irregular and intermittent.”

Maher called on employers to “stop the nonsense”, and start treating casual employees on permanent hours as if they were permanent.

“When a job is full-time, regular and on-going, it is permanent and deserves the security and entitlements that come with permanent work,” Maher said.

“Our union has worked hard to clarify the law with this decision and we will now be fighting to restore rights and lost pay for casual labour hire workers across the coal mining industry who have been illegally ripped off.”…….

Industrial relations minister Christian Porter said the decision would have “immediate practical implications for the bottom line of many Australians businesses at a time when so many have taken a huge hit from the Covid-19 pandemic”.

In fact, employers estimate between 1.6 and 2.2 million casuals will be affected, with a back-pay bill of around $8 billion looming.

Porter also flagged a potential appeal….

"Given the potential for this decision to further weaken the economy at a time when so many Australians have lost their jobs, it may also be necessary to consider legislative options."

See Summary of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (20 May 2020) for further details.

Mosquitoes likely to remain a health hazard this winter

In January 1991 Ross River Fever became a notifiable disease in New South Wales and in that first year the Northern NSW local health district recorded 11 cases.

Up to the end of April in 2020 Northern NSW has recorded 156 cases. Only the Hunter New England local heath district is recording a higher figure at 183 cases.

By contrast Barmah Forest Virus, another notifiable disease, has only been recorded 25 times so far this year.

However, both are mosquito borne infections that are worth doing our best to avoid.

NSW Health advises:

To protect against mosquitoes and reduce the risk of diseases they transmit:

• Cover-up with a loose-fitting long sleeved shirt and long pants when outside
•  Apply mosquito repellent to exposed skin
•  Take special care during peak mosquito biting hours, especially around dawn and dusk
•  Remove potential mosquito breeding sites from around the home and screen windows and doors
•  Take extra precautions when travelling or camping in areas with a higher risk of mosquito-borne diseases.
• For more detailed information on reducing the risk of mosquito bites at home and while travelling see the Mosquitoes are a Health Hazard fact sheet. This also includes more information on mosquito repellents.

As the Australian Bureau of Meteorology is predicting a 70% chance of wetter than average weather from July to September & warmer than average temperatures for coastal New South Wales in June to August this year, it is possible that infected mosquitoes will still be aound this winter so being aware of the mosquito load in your garden is advisable..

At the end of April Stratford Virus was detected in mosquitoes trapped in Yamba at the mouth of the Clarence River. This virus is not notifiable in New South Wales and infection usually presents as a mild fever with associated joint pain and lethagy.

Morrison Government expects to be forced to refund est. $555.6 million unlawfully taken from at least 449,500 Centrelink clients

Photograph: The Guardian graphic, 27 March 2020

In July 2016 the federal Coaltion Government began to issue income compliance notices based on automated data matching.

At the time the then Minister for Social Social Services Scott Morrison expected to clawback an est. $1.7 billion dollars over five years from individuals who were, or had been in the past, receiving a Centrelink pension, benefit or allowance.

From its beginning this income compliance scheme was seen as flawed.

By 2019 at least 570,000 of those over 600,000 income compliance notices were considered to be unlawful. As were Australian Taxation Office garnishee notices associated with these alleged debts.

A total of 18,000 individuals who consented to automated data matching to calculate an alleged debt are also considered to have been subject to an unlawful action.

Refunding these wrongfully raised debts would see at least $555.6 million returned to Centrelink clients.

A class action on behalf of victims of the unlawful ‘robodebt’ scheme has been commenced by Gordon Legal.

Becoming a member of a class action does not expose a ‘robodebt’ recipient to any additional legal liability with regard to the alleged debt.

However, the Morrison Government is possibly hoping many victims will not realise this and sign the Centrelink “Opt Out Notice – Federal Court of Australia – ‘Robodebt’(Social Security Debt Collection) Class Action (VID1252/2019)” notices it is currently sending out.

Gordon Legal has outlined possible court dates:

On 6 March 2020 the Honourable Mr Justice Murphy of the Federal Court ordered that the parties hold a mediation prior to 19 June 2020. This is an opportunity for the matter to be resolved with the consent of both parties.

Justice Murphy also ordered that, if the matter does not settle at mediation, a trial will begin in the Federal Court on 20 July 2020 (or if that date is not available, on 21 September 2020).

Services Australia (formerly the Dept. of Social Services-Centrelink) despite its denials continues to raise alleged debts and send out notices.

While the very unhappy Morrison Government probably hoping to discourage future class actions is also pushing ahead with a parliamentary inquiry into the class action industry, including the profits made by litigation funders that bankroll claims on behalf of Australians.

The Guardian, 18 May 2020:

Hundreds of thousands of Australians affected by the government’s robodebt scheme will receive notices from Centrelink about an upcoming class action under orders from the federal court.

Guardian Australia last month revealed secret government advice showing the commonwealth hopes to settle the case and has privately admitted more than 400,000 welfare debts were unlawfully issued under the scandal-ridden “income compliance program”.

But the parties are yet to reach a settlement, setting up a potential trial as early as July where law firm Gordon Legal will seek interest and compensation as well as the repayment of debts unlawfully claimed by the government.

Under court orders issued in March, the government has been told to identify all potential class action members and send out notices via MyGov or by post about the upcoming court challenge by 25 May.

More than 12,000 people have registered with the firm, but under Australian law people identified as members of the “class” are considered part of the action unless they “opt-out”, which would allow them to pursue their own individual claim.

Labor’s government services spokesman, Bill Shorten, said the government should “settle this case immediately, restore public confidence in Centrelink by allowing the court to be the independent umpire, and pay the victims back their money as well as interest”.

“This would allow the hundreds of Centrelink workers working on limiting the government’s robodebt exposure to be moved back to the frontlines of helping their fellow Australians with their social security needs in this time of national challenge,” he told Guardian Australia.

Since July 2015, more than 600,000 debt notices had been sent out under the scheme, which the government conceded was unlawful in federal court in November, while thousands more received letters demanding they prove they were not overpaid by Centrelink.

Some debt recipients had their tax returns seized over the debts, while others were also forced to pay a 10% “recovery fee” on top of the alleged debt.

Gordon Legal believes the case would represent one of the largest class actions in Australian history.

Late last week, the government declined to answer several written questions about the robodebt scheme, successfully applying for public interest immunity in the Senate.

Services Australia declined to answer how many debts had been issued using the unlawful “income averaging” method or whether it would repay victims, including debts recovered from deceased estates.

“This question relates to a court case that is currently before the federal court of Australia,” the agency said. “Services Australia will abide by any decision of the court.”

But a ministerial submission to cabinet, leaked to the Guardian, revealed the government hopes to settle the case and that Services Australia expects to “administer 449,500 refunds determined under the programme”, worth $555.6m.

The robodebt class action notices come as the government pushes ahead with plans for an inquiry into class actions in Australia.

Porter last week claimed a “lack of regulation governing the booming litigation funding industry is leading to poor justice outcomes”.

But Labor has argued the inquiry is a response to Gordon Legal’s class action against the robodebt scheme.

If the parties do not reach a settlement, a trial is expected between July and September.

The government’s legal advice shows it expects to lose the class action under Gordon Legal’s claim of “unjust enrichment”, although it believes the compensation claim is less likely to be successful.

“This is likely to result in the commonwealth being ordered to repay debts within a timeframe set by the Court, and to pay interest and legal costs,” the advice said.

Court documents show the number of potential victims expanded in March after the government withdrew an earlier claim that people receiving Carer Payment were not subjected to the scheme.

The government has conceded in court that debts that relied on income averaging were invalidly raised, but claims it should not have to pay compensation because it does not hold a common law duty of care to welfare recipients…...

Time to fight for the forests in New South Wales

In the 2019-20 bushfire season wild fires ravaged forests across New South Wales.

The 100km deep coastal zone running the length of the state was particularly hard hit, but Nambucca State Forest was spared and is a critical refuge for unique wildlife still struggling after those fires.

The Sydney Morning Herald reported on 1 May 2020 that; Government logging has resumed in fire-damaged forests in NSW despite warnings that devastated bushland and endangered wildlife are too fragile to withstand further disruption.....about 92 per cent of the area set for logging was burnt in the fires.

On the morning of Friday 15 May 2020, Gumbaynggirr Traditional Owners and the Nambucca community peacefully demonstrated outside the forest and successfully stopped the NSW Forestry Corporation logging for the day. 

This forest is one of the few remaining patches of unburnt koala habitat and critical refuge for wildlife after the recent bushfire season. 

Community action brought a welcome reprieve but the fight is just beginning. 

The people of New South Wales still need to make sure Nambucca State Forest is kept safe for good. 

Support the Gumbaynggirr Traditional Owners on the frontline by calling on your MP to take urgent action to stop this logging destruction.

Join the fight and email your own state MP to save Nambucca and all native forests from the chopping block.

If you live in the Oxley state electorate make sure to email local Nationals MP Melinda Pavey at oxley@parliament.nsw.gov.au.

At 10am on Tuesday 19 May 2019 logging trucks again entered one of the few unburnt refuges in Nambucca State Forest at Jack Ridge Road, Nambucca. If you live in the region now is the time to protest legally along boundaries of this forest at logging road entrances.

The 'Protect Nambucca Heads State Forest' group have put out a call for assistance.

Australian Minister for Home Affairs Peter Dutton makes a grab for even more surveillance powers

Crikey, 15 May 2020:

The government’s proposed scheme to enable foreign intelligence services to spy on Australians will enable Australia’s intelligence agencies to circumvent measures designed to protect journalists from unfettered pursuit of their sources.

Labor’s Mark Dreyfus yesterday exposed the loophole, with Home Affairs officials left unable and unwilling to explain why their minister Peter Dutton was proposing a runaround on existing procedures designed to protect journalists’ sources.

The Telecommunications Legislation Amendment (International Production Orders) Bill 2020 will to pave the way for agreements between Australia and the United States, and other “like-minded countries”, for the direct accessing of surveillance information, including real-time wiretapping, by intelligence agencies from both counterpart countries. In Australia, such requests would be signed off by members of the Security Division of the Administrative Appeals Tribunal (AAT), which is heavily stacked with former Coalition MPs and staffers.

In hearings before the intelligence and security committee yesterday, shadow attorney-general Dreyfus asked Dutton’s bureaucrats why existing protections around accessing the metadata of journalists were not part of the proposed process.

When the Abbott government introduced mass surveillance laws in 2015, the mainstream media belatedly realised that journalists’ phone and IT records would be easily accessed by intelligence and law enforcement agencies under “data retention” laws. In response, a “Journalist Information Warrant” (JIW) process was hastily put together that would require agencies to apply for a special warrant, with more stringent thresholds and procedural safeguards, like a Public Interest Advocate, if agencies wanted to obtain data relating to a journalist’s sources.

No such safeguard exists under the International Production Orders (IPO) process, meaning that if a journalist’s data was held by a US company — such as Google, Apple, Facebook or Microsoft — it could be obtained by ASIO or the Australian Federal Police (AFP) from those companies through an IPO without a Journalist Information Warrant, unlike information held by a local company such as Telstra.

“Are you able to tell us why an Australian journalists whose telecoms data is held by a US carrier should have fewer protections than an Australian journalist whose telecoms data is held in Australia?” Dreyfus asked Home Affairs bureaucrats…..

Dreyfus pressed further. The Journalist Information Warrant process was not replicated in this bill, was it, he asked.

“It is not replicated,” Warnes had to admit, before insisting an AAT authorisation was enough protection.

Dreyfus went further. “The Journalist Information Warrant process has a public interests monitor provided. There is no such public interest monitor provided in the authorisation process that is provided under this bill is there?”

“That’s correct,” the bureaucrat admitted.

“So it’s not the same level of protection for journalists whose data is held by a US carrier. It’s a lesser level of protection isn’t it?” said Dreyfus.

“Different considerations at play, yes,” Warnes , humiliated, had to admit.

Dreyfus also pointed out that the Journalist Information Warrant process had additional criteria that had to be considered in granting warrants. They weren’t in the IPO scheme, were they?

“That’s correct,” Warnes said.

“So why should an Australian journalist whose telecoms data is held by a US carrier have fewer protections than an Australian journalist whose telecoms data is held in Australia?”

“I don’t have anything further to add,” Warnes said.

Dreyfus told him to come back to the committee with a better explanation for why the loophole was being pursued by the government…..