Monday, 8 May 2023

The NSW bench demonstrates a more balanced approach to political & environmental activism than the former Perrottet Coalition Government ever did

 

The first day of protest actions in the Sydney CBD, coordinated by Blockade Australia. In New South Wales, it's effectively illegal to protest without a permit. Disrupting traffic also potentially comes with a $22,000 fine and 2 years in jail - laws that were legislated in response to Blockade Australia's previous mobilisations. At least 10 activists were arrested on the first day during this action. Dozens more would be tracked down, raided and arrested in the subsequent days.
TEXT & IMAGE: Matt Hrkac, 28 June 2022











The Guardian, 6 May 2023:


Protesters who faced a $22,000 fine or two years in prison for demonstrating in Sydney under tough laws championed by the Perrottet government have instead walked away without convictions or with modest financial penalties, a lawyer for the activists says.


New South Wales police charged at least 20 people with a range of offences during Blockade Australia protests in Sydney last June.


The offences included seriously disrupting or obstructing traffic on a major bridge, tunnel or road, the new laws subject to harsh penalties including a maximum fine of $22,000 or two years’ imprisonment.


But lawyer Mark Davis, who is representing 18 people charged with the offence, says the vast majority received only minor penalties.


Last month, 15 of the cases were resolved, Davis said, with six protesters receiving non-convictions, and the rest receiving modest fines of between $100 and $800.


Three more cases are set to be heard later this month.


The new laws were passed last April, with the then-NSW government saying previous penalties had not prevented protests.


The old laws, at $400 a pop, were no deterrent,” the then-NSW attorney general, Mark Speakman, said last June.


It’s hard to imagine that $22,000 fine or two years in jail won’t deter a lot of people. It may be there’s a tiny core that will protest, regardless.”


At the time of the charges, activists told the Guardian that the harsh new penalties were unlikely to deter them.


The then-premier, Dominic Perrottet, described the Blockade Australia activists as “bloody idiots”, and his then-deputy, Paul Toole, said they should “go and get a real job”.


But Davis said it was clear the judiciary did not share the opinion of the then-government regarding the right to protest.


This is the trouble with over-criminalising very simple activities,” he said.....


Sunday, 7 May 2023

Albanese Government will implement in full the Fair Work Commission 15% rise in wages for est. 250,000 nurses & direct care workers in aged care sector

 


The Saturday Paper, Post, daily news email, 4 May 2023:



A centrepiece of next week’s budget will be a $11.3bn commitment to raise aged care workers pay by 15%.


What we know:


  • During the election, Labor promised to provide a wage increase to aged care workers, and the Fair Work Commission last year decided this should be 15% (SMH).


  • After attempting to stagger this increase over two years, Aged Care Minister Anika Wells has confirmed it will be implemented in full from July at a cost of $11.3bn over four years.


  • Wells described the pay boost as “historic” and said it would help to address gender pay inequality.


  • For a registered nurse the increase will equate to almost $200 a week more, with their annual wage growing to more than $78,000.


  • Personal care staff will receive an extra $7300 a year, or $141 a week.


  • The federal government also hopes the pay increase will attract workers to the sector and help to meet its election promise of having nurses in aged care homes 24-7.


  • Recent reports found that this policy could lead to a shortfall of about 25,000 workers in the next two years.


  • Aged care is now the government’s fifth biggest expense with costs jumping by $5bn to $26.9bn this financial year (The Conversation).


  • The sector has drawn much criticism, with staff overworked, underpaid and poorly equipped (The Saturday Paper).


Saturday, 6 May 2023

Cartoons of the Week


Ben Jennings

 

Dave Grunland




A Letter to the Editor published four days before a certain coronation day

 

George Brandis' reference to the young Prince Charles' attending Timbertop reminded me of an episode recounted by a Uralla identity, formerly a maths master at Eton College.

Queen Elizabeth came to Eton one day to officially open a new building and our man had a brief chat with her afterwards, as one does. He asked: "Your Majesty, I've always been curious about your sending your son Charles to Timbertop in Australia. Her Maj replied: "Oh, well, we always thought Charles wasn't all that academically inclined." Our man responded: "Oh, don't worry, Your Majesty, we have some very stupid boys here at Eton." Evidently a frost descended as she moved on.

Kent Mayo, Uralla

[The Sydney Morning Herald, 2 May 2023, p.18]


Friday, 5 May 2023

Yet another Northern Rivers forest protector is before the NSW court


IMAGE: Echo, 4 April 2023


 

Forest protector 23 year-old Kashmir Miller (Bachelor of Laws with First Class Honours, Southern Cross University) who suspended herself in a tree on a 25m high platform by a rope attached to three NSW Forestry machines in Doubleduke State Forest in early April has had her case adjourned until 11 May 2023, when as R v Kashmir Miller Case No. 2023/00108712 it is scheduled for Ballina Local Court where it is listed as Mention (Police).


Background


Echo, 20 April 2023:


Forest defender Valerie Thompson will today face court in Ballina after she was arrested for stopping forest operations in Doubleduke State Forest north of Grafton.


Ms Thompson sat high in a tree on a platform, in what is referred to as a tree sit, which was attached to logging equipment and stopped logging for 30 hours in early March this year.


The conflicts in Doubleduke have been ongoing, with NSW Forestry Corporation accused of multiple breaches of harvesting laws including failing to map all giant trees and habitat trees.


On Friday last week the EPA instructed the Forestry Corporation to stop work, which is a temporary victory for the forest defenders. Ms Thompson’s protest was carried out while the EPA was carrying out its investigation into breaches that have since been upheld. Ms Thomson faces charges relating to entering a closed forest and interfering with timber harvesting equipment.....


NSW Environment Protection AuthorityNews16 April 2023:


The EPA has acted on community concerns about giant trees in Doubleduke State Forest on Bundjalung Country near Grafton, leading the Forestry Corporation of NSW (FCNSW) to voluntarily suspend tree harvesting there.


Update: 20 April 2023

 

FCNSW has completed a remap of active harvest areas as requested by the EPA on 14 April 2023.


The additional mapping provides assurance to the EPA and the community that all retained trees in active harvest areas have been identified and mapped.


Having regard to remapping works undertaken by FCNSW, a voluntarily suspension of operations is no longer requested by the EPA.....

 

Logging is again underway in Doubleduke State Forest. It is not certain that it was ever temporarily suspended in practice.


Wednesday, 3 May 2023

Aboriginal & Torres Strait Islander Legal Services (ATSILS) calling for urgent funding relief - representation at Byron Bay Local Court & 12 other regional courts to cease until further notice from 15 May 2023 for all new ASTI matters

 







Aboriginal Legal Service, News, 28 April 2023:


Alongside other Aboriginal and Torres Strait Islander Legal Services (ATSILS) around Australia, we are facing a crisis and calling out for urgent funding relief from the Commonwealth Government.


Demand for our services has almost doubled since 2018 but our core Federal Government funding has decreased in real terms. This means we are being pushed harder than ever before.


We are dedicated to maintaining high quality, culturally safe legal services for Aboriginal and Torres Strait Islander people – the services that Aboriginal and Torres Strait Islander people expect and deserve.


This is only possible when we prioritise the physical and mental health of our teams so they can do their best work for community. Right now our teams are stretched and without an emergency support package from government we are unable to continue the fight for community at the current pace. Service freeze in 13 Local Court locations


If we do not receive the emergency government funding, we will be forced to freeze ALS criminal law services at the following Local Courts beginning Monday 15 May 2023:


  • Byron Bay

  • Eden

  • Forster

  • Junee

  • Lithgow

  • Moss Vale

  • Muswellbrook

  • Scone

  • Singleton

  • Temora

  • Tenterfield

  • West Wyalong

  • Wauchope.


This will mean the ALS is unable to act for people facing new criminal charges in these Local Courts from 15 May.


We will do all we can to ensure that Aboriginal and Torres Strait Islander people with criminal law matters listed in these Local Courts receive legal help from another provider, such as Legal Aid NSW.


We will be in touch directly with current clients who have matters listed in these Local Courts.


This decision does not affect other courts that the ALS currently services.