This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
In Australia it sometimes feels as though there has never been any hope of a genuine level playing field developing in a society whose institutions are hampered by a thick 18th century British-European exoskeleton.
That the notion of universal welfare has always been distorted by perceptions of class and a false narrative of the deserving and undeserving poor.
In modern Australia the following is just another example of what happens when instead of the creation of constructive social policy, poverty merely stops being an exploitive cottage industry for religious charities and instead expands into a gold mine for rapacious secular opportunists.
Outsourced
employment service providers are funnelling millions of dollars in
government funding earmarked for people on welfare through their own
companies, related entities and labour-hire outfits, creating paper
empires out of their impoverished clients.
Under
the $6.3 billion, five-year Workforce Australia model, private and
not-for-profit job service providers are able to receive “outcome”
payments for placing jobseekers in “work” within their own
organisation and receive funding to refer them to other services and
training, which can also be delivered by subsidiaries or related
parties.
In
short, a provider can be paid to take on a welfare recipient by the
federal government and then be paid to place them into training
within their own organisation and then be paid again by placing the
person into work somewhere else in that organisation’s network.
This
comes at the same time as an increasing awareness that mutual
obligations – the system by which people on welfare must apply for
an arbitrary number of jobs, enrol in training or perform set
activities each month under threat of payment suspension – is
damaging and does not lead people to employment.
Data
released under freedom of information laws and through budget
estimates reveals that in the year to June 30 the Employment Fund
made $33.6 million in commitments to job providers within their own
organisation, for example for counselling services provided by an
entity with the same ABN.
Excluding
wage subsidies, which cannot be claimed in this way, the spending
represents a quarter of the more than $100 million allocated from the
Employment Fund in total. One provider alone made $5.5 million worth
of claims via its own entities in a nine-month period to March 31.
While
the Department of Employment and Workplace Relations has tallied the
figures for organisations using the same ABN, it took longer to come
up with a figure for how much providers were spending on related
companies – such as those that shared a director or major
shareholder – because providers self-report and the reports are
often unreliable.
The
Saturday Paper has been told the dollar value for related-party
claims from the fund is $9.2 million in the year to June, bringing
the total amount of money being recirculated within companies to
$42.8 million…..
Despite the legislation concerning national referenda being clear (as evidenced by the above interview with Antony Green), misinformation and at times deliberate disinformation is to be found in both mainstream and social media concerning the proposed 2023 Aboriginal and Torres Strait Islander Voice to Parliament referendum.
The level of factual inaccuracy has become a matter of concern.....
Australian
voters are rightly proud of their electoral system – one of the
most transparent and robust voting systems in the world. As a
result, there is an intense, and highly appropriate level of public
interest in all aspects of that system, and associated commentary
online and in mainstream media. Sometimes this commentary is
immediate and based on emotion rather than the reality of the law
which the AEC must administer.
There
has been intense commentary online and in mainstream media regarding
what will and will not be a formal vote for the 2023 referendum;
specifically around whether or not a ‘tick’ or a ‘cross’ will
be able to be counted. Much of that commentary is factually incorrect
and ignores:
the
law surrounding ‘savings provisions’,
the
longstanding legal advice regarding the use of ticks and crosses,
and
the
decades-long and multi-referendum history of the application of that
law and advice.
The
AEC completely and utterly rejects the suggestions by some that by
transparently following the established, public and known legislative
requirements we are undermining the impartiality and fairness of the
referendum.
As
has been the case at every electoral event, the AEC remains totally
focussed on electoral integrity. Indeed, electoral integrity is a
central part of the AEC’s published values; underpinned by, and
supported through, complete adherence to all relevant laws and
regulations.
How
to cast a formal vote
The
formal voting instructions for the referendum are to clearly write
either ‘yes’ or ‘no’, in full, in English.
It
is that easy: given the simplicity, the AEC expects the vast, vast
majority of Australian voters to follow those instructions and cast a
formal vote.
Previous
levels of formality
It
is important to keep scale, or a lack of it in this instance, and
precedent in mind when discussing this matter.
More
than 99% of votes cast at the 1999 federal referendum were formal.
Even of the 0.86% of informal votes, many would have had no relevance
to the use of ticks or crosses.
AEC
communication
Instructions
for casting a formal vote – to write either yes or no in full, in
English, will be:
This
is why the level of formal voting at previous referendums has been so
high and why the AEC expects the vast, vast majority of voters to
follow those instructions.
The
law
Like
an election, the Referendum (Machinery Provisions) Act 1984 includes
‘savings provisions’ - the ability to count a vote where the
instructions have not been followed but the voter’s intention is
clear.
The
AEC cannot ignore the law and cannot ignore savings provisions.
The
law regarding formality in a referendum is long-standing and
unchanged through many governments, Parliaments, and multiple
referendums. Legal advice from the Australian Government Solicitor,
provided on multiple occasions during the previous three decades,
regarding the application of savings provisions to ‘ticks’ and
’crosses’ has been consistent – for decades.
This
is not new, nor a new AEC determination of any kind for the 2023
referendum. The law regarding savings provisions and the principle
around a voter’s intent has been in place for at least 30 years and
6 referendum questions.
The
longstanding legal advice provides that a cross can be open to
interpretation as to whether it denotes approval or disapproval: many
people use it daily to indicate approval in checkboxes on forms. The
legal advice provides that for a single referendum question, a clear
‘tick’ should be counted as formal and a ‘cross’ should not.
Voters
in the upcoming voice to parliament referendum are being urged to
write “yes” or “no” on referendum ballot papers – and being
warned that if they use a cross, their vote may not be counted.
The
well-established and longstanding rule which will mean ticks are
likely allowed but votes that use crosses are likely excluded has
prompted criticism from the opposition leader, Peter Dutton, the
former prime minister Tony Abbott and the no campaign, which claims
the requirement will “stack the deck” against them.
The
rule has been on the books, without controversy, for 30 years and six
referendum questions, and when asked about ticks and crosses on
Thursday, an Australian Electoral Commission spokesperson simply
said: “Please don’t use them.”….
Fair
Australia tweeted: “Looks like just another attempt to stack the
deck against ‘no’ voting Australians.”
Abbott
claimed on 2GB that “there’s a suspicion that officialdom is
trying to make it easier for one side … This is the worry all along
that there is a lot of official bias in this whole referendum
process.”
Dutton,
also speaking on 2GB, called it “completely outrageous” and
claimed the situation “gives a very, very strong advantage to the
‘yes’ case”. The opposition leader said he would ask the
government to draft legislation to change the rule.
The
Coalition opposition did not propose amending this rule during debate
on the Referendum (Machinery Provisions) Act earlier this year, and
supported the government’s legislation....
The
Sydney Morning Herald,
25
August 2023, excerpt:
Emma
Dorge appeared before Magistrate Breton at Penrith Local Court today.
Emma was found guilty to resisting arrest by plain clothes officers
at Springwood train station.
The
Magistrate did question why the initial arrest was even made for
breaching bail, as police were unable to specify the breach or
provide any evidence, and did not lay this charge. Police prosecution
claimed that police were acting in good faith, despite concurrent
bail breach accusations against Emma of not being allowed in NSW and
not residing at a NSW address. In response to this, the Magistrate
stated, "I suggest otherwise, it seems there was no breach of
bail, meaning there would have been no power to arrest her at all".
"Despite
the obvious lack of reason for my arrest, the magistrate still
decided that me turning to get out my phone to contact help
constitutes resisting arrest. The judicial system has once again
protected police mis-use of power; over the rights of people affected
by it."
"As
we see increasing over-reach by the police and courts, we also see
increasing extreme climate events around the world. We must match
this with resistance." Emma Dorge
Blockade
Australia is a growing network of people commitment to targeting the
economic pinch points that materially disrupt the exportation and
exploitation that this political system relies on. This was
demonstrated in a simultaneous week of actions at Brisbane, Newcastle
and Melbourne ports in June.
Blockade
Australia acknowledges First Nations Peoples as the custodians and
true owners of this land
Earlier
Blockade Australia media news announcement, 23 August 2023:
Emma
Dorge, who was arrested in June 2022 in a spree of arrests made by
police to repress Blockade Australia's planned mobilisation in Sydney
last year, is facing court today [Wednesday 23rd] at Penrith Local
Court. Several other Blockade Australia activists have faced court or
had charges dropped by police this past week - details below. Two of
these people - Daniel Heggie and Emma Dorge will be available for
comment at court today.
Emma
Dorge is pleading not guilty to resisting arrest when being
apprehended by two undercover officers at a train station in June
last year. The police attempted and failed to bring a detention order
on Emma. Emma has been living with `bail conditions for 14 months,
including: not to associate with 25 others, including their partner,
had to move house and leave NSW. These conditions, whilst extensive,
have been used against various activists arrested in the period in
association with Blockade Australia.
At
the same time in June last year, Max Curmi and Daniel Heggie were
being held in custody after the bungled Colo surveillance operation
which led to the large scale raid. Both were given a significant list
of charges each. Daniel was facing charges of aid and abet in the
commission of a crime, for unloading a trailer at Colo, was
subsequently on bail for over a year, only for all charges to be
dropped the day before the court date. Max was charged with
conspiracy and affray, for which he was held on remand for over 3
weeks, along with Tim Neville who was also arrested during the raid.
On
these police tactics, Max wrote from prison in June last year, "I'm
a political prisoner, I'm being held on prefabricated charges because
I refuse to let this system continue destroying this continent, the
climate and our right to a livable future".
Aunty
Caroline Kirk, Ngemba Elder and Lily Bett were in Paramatta court
last week for charges of obstruct and intimidate the police during
the Colo raids in June last year. The intimidation and obstruct
charges were laid on them for yelling at or standing in the path of,
what they identified as armed intruders at a private residence.
Aunty
Caroline was given $400 in fine and Lily a 6 month CRO. Both had no
conviction recorded.
At
the time of the charges in question, police were dressed in
camouflage and black clothes, refused to identify themselves and hit
several people in the process of leaving in a car. It was not until
100+ police, with dogs and helicopters made their way down the
valley, smashing up the camp and holding everyone for hours, that it
became clear it was a police operation.
"Over
the past 18 months we have seen harsh bail conditions, surveillance
and incarceration of climate activists, even when no legitimate
charges end up being laid. These underhanded police tactics go hand
in hand with the anti protest laws introduced early last year.
Australia uses these repressive mechanisms to uphold this destructive
profit-growth system and block meaningful climate action." -
Emma Dorge
Wage
theft is costing Australian workers $850 million a year,
demonstrating an “ingrained culture” of deliberate underpayment
and the need for criminalisation at the federal level, according to a
damning new report from the McKell Institute.
A
fresh analysis of Fair Work Ombudsman audits stretching back to 2009
shows more than a quarter of audited businesses failed to observe the
monetary obligations set out by industry awards or enterprise
agreements, according to the think tank.
Its
calculations show nearly 27,000 businesses were found to have
underpaid approximately 1.3 million Australian workers over that time
frame.
The
real level of wage underpayment is likely higher, McKell Institute
CEO Ed Cavanough said, as the analysis did not cover the underpayment
of penalty rates, or circumstances where payment under a different
award would have been more appropriate.
“This
is an extraordinary amount of money being stolen and it’s
unacceptable,” Cavanough said in a statement.
Wage
underpayment hits businesses big and small
The
report arrives against a backdrop of high-profile wage underpayments
claims, with Coles,
Target,
and Bunnings
just a few of the major brands to have revealed significant wage
underpayments in recent years.
Wage
underpayment also stretches deep into the small business sector, with
the Fair Work Ombudsman on Tuesday revealing it has levelled nearly
$85,000 in penalties against two
Victorian businesses accused of underpaying
young workers, as a result of its latest investigation.
The
Ombudsman recently launched a spate of undercover campaigns targeting
small restaurants and food court vendors deemed to offer
suspiciously low-cost fare.
The
McKell Institute argues laws criminalising wage theft across the
board are necessary to discourage employers from deliberately
withholding earnings and entitlements.
The
report throws its weight behind the federal government’s upcoming
industrial relations reform package, which is expected to contain
legislation making wage theft a criminal offence across the board….
In
the electorate of Page there were est. 1,366 non-compliant
business which between them were believed to have stolen
wages from 7,023 employees with a total minimum value of
$4,289,664.
In
the electorate of Richmond there were est. 1,754
non-compliant businesses which between them were believed
to have stolen wages from 9,022 employees with a total
minimum value of $5,510,65.
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The Universal Declaration of Human Rights Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
[Adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948]
Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourismbusiness development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements.The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.
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