Australia's draconian sedition laws and the Australian Press Council

Last Tuesday the Senate Standing Committee on Legal and Constitutional Affairs held a hearing as part its Inquiry into the Anti-Terrorism Laws Reform Bill 2009.

This private members bill seeks to undo some of the harm done to freedom of speech by Howard Government anti-terrorism legislation, which was subsequently supported by a Rudd Government which has failed to address concerns since it came to office and virtually ignored the Australian Law Reform Commission report and recommendations to date.

Here is an extract from the Australian Press Council's submission to the inquiry:

Executive Summary

Consistent with its long held position that sedition laws are an impediment to freedom of expression and have the potential to have a 'chilling effect', the Australian Press Council support the removal of sedition offences in s80.2 of the Criminal Code Act in their entirety.

In view of the lack of precision in the definition of a "thing" in s101.4 of the Criminal Code Act, the Council is concerned that journalists could be exposed to being charged with a serious offence should they inadvertently come into possession of material in the course undertaking their role. The current provision is unsafe and the Council supports that proposal in the Bill that the section be repealed.

Where it is practical to do so, the Council supports the proposed amendments to Division 102 of the Criminal Code Act that would bring the processes for proscribing a terrorist organisation in line with the requirements of administrative law. By ensuring publicity, public consultation,consideration of submissions by an independent advisory committee, notice and a right of appeal the proposed amendments increase transparency, public and media scrutiny and enhance the public right to know.

The Council supports proposed amendments to s102.7 of the Criminal Code Act to ensure that providing support to a terrorist organisation cannot be construed to apply merely to the publication of view favourable to a proscribed organisation.

Consistent with its earlier submissions, the Council express its concerns that this Division 3 Part III of the ASIO Act poses a threat to freedom of speech and has the potential to obstruct the ability of the media to ensure that government agencies are held to public account and that the questioning and detention practices of ASIO do not go beyond what is necessary to facilitate the investigation and prevention of terrorism.

Consistent with its earlier submissions, the Council holds the view that the National Security Information (Criminal and Civil Proceedings) Act is a threat to freedom of the press and it potentially oppressive. The Council supports repeal of this legislation as proposed in the Bill.

Full PDF copy of Australian Press Council submission

List of submissions to the inquiry

Doris O'Grady's art from the Seelands district

Cows at Tristania

Discovering Doris O'Grady 1902 - 1994 exhibition at Grafton Regional Gallery

Main gallery until 25 October 2009

Pavonia Hastata growing on bank of the Clarence 1927

Untitled 1928

Maclean man pleads guilty to Internet intimidation & other charges - gets 12 month good behaviour bonds

The Daily Examiner, 24 September 2009, page 4
Click to enlarge

Yesterday, Grafton Local Court convicted Berlin, also known as John Paul Breslin, of charges of intimidation with intention to cause physical/mental harm, possessing a police uniform when not a policeman, selling police insignia and using police insignia when not a police officer.
In court Berlin changed his plea to guilty on all charges after the defence and prosecution agreed to combine several of the charges.
Berlin came under police notice when he sent abusive and threatening emails to a man living in the United States who distributed police insignia under licence from the NSW Police Department between June and September last year.

Last Monday was World Alzheimer's Day, but I forgot.......

.........which is not as funny as it sounds given the age group I am entering.

The day after that the Northern Rivers Tweed Daily News reported:

TWEED Heads has the highest rate of dementia cases in the state and it's predicted this number will more than triple in coming decades, according to new figures out today.

THE report, commissioned by Alzheimer's Australia NSW, found the Tweed area had the highest incidence of dementia in NSW with 1608 cases this year, increasing to a projected 7451 in 41 years.

In 2009 Alzheimers Australia and Access Economics estimated that 36,000 people diagnosed with dementia live outside of Sydney in rural and regional New South Wales, and Of those people with new cases of dementia in New South Wales in 2009, approximately 14,000 live in Sydney, while approximately 10,000 reside in the balance of New South Wales. Projections suggest that the incidence of dementia in Sydney will increase 4.9-fold to approximately 67,600 (63,600-71,400) people, while new cases of dementia in thebalance of NSW will increase 4.8-fold to 48,700 (45,800-51,400) people by 2050.

The Big Dry, The Big Red, the big dust choke on the NSW North Coast - but Lismore still played on at the 2009 Festival of Cricket

Photo from ABC North Coast News

The Northern Star this morning:
"THE DUST storm that enveloped the North Coast yesterday at one point stretched to Mount Isa and caused humidity at Ballina to plummet to an almost unheard of minus 2 per cent.
Every drop of water was sucked from the air by the dry continental air mass, prompting the Rural Fire Service to declare a total fire ban.
Like a giant snowball it grew as it travelled, blowing close to 16,000 tonnes of dust across the coast every hour."

However, the boys in white were determined to play on in Lismore at Oaks Oval in the 2009 Festival of Cricket!

More pics from The Northern Star, The Daily Examiner, and Nellibell.

Grafton Bridge

Copmanhurst backyard

Lismore airport on 23rd September 2009

Even more pics of Tabulam and Ballina at The Far North Coaster.

Have your say on Australia's anti-terrorism laws before 25th September 2009

Australian Greens MPs have written to Attorney-General Robert McClelland about the Rudd Government's intention to expand Australia's anti-terrorism laws:

Dear Attorney-General,

I welcome the opportunity to comment on proposed changes to Australia's anti-terrorism legislation in a public consultation process.

I am concerned, that detailed changes to our laws are being proposed before the government has provided the promised White Paper on terrorism, or before the Independent Reviewer of Terrorism Laws has begun their work.

I am particularly concerned about the proposal that the Australian Federal Police be permitted to enter premises without a warrant under emergency circumstances that are not clearly defined.

While Dr. Haneef Aside would have benefited from a 7 day cap on being held without a charge, I am concerned that there has been no demonstrated need for the proposed 7 day preventative detention period, and that setting such a maximum could be a licence to use it.

I am not convinced that the proposed redefinition of the act of terrorism is an improvement,, rather the proposal significantly widens the offence. You have departed significantly from the proposals put forward by the Sheller Committee. Your changes will make the legislation more complex, and simultaneously uncertain. Some legal practitioners have suggested that it will be unworkable.

I do not support the strengthening of the National Security Information Act, which allows for closed court proceedings, effectively locking lawyers out of the room, and for some evidence to be closed to the accused and their legal representatives. It also requires security clearances for lawyers which threatens the right to a fair trial and limits the pool of lawyers permitted to act in cases. Your proposed changes would contravene the separation of powers established by chapter three of the Constitution.

As Australia played an active role in establishing the terms of the so-called war on terror, Australia has a role in reformulating what a legitimate response to terrorism should look like. This import role cannot be undermined by unconsidered, ineffective reform.

The Greens also have an online petition which can be signed before 25 September 2009:

The Greens have been calling for review of our anti-terrorism laws since well before the Rudd government was elected. Rammed through our Parliament in 2005, the Howard-Ruddock anti-terrorism laws demand urgent review and overhaul rather than strengthening, because of how seriously they undermine our human and civil rights.

If you would like to sign this petition go here.

Obama still being pursued through US court over his birth certificate and right to hold office

The hostility towards US President Barack Obama continues in the far right section of the blogosphere, in some mainstream media reporting and through action in the courts. American lawyers must having a field day.

Elizabeth Ann Pascal is defending her president in a case currently before a US district court, Kerchner et al v Obama et al.

The plaintiffs in this case assert in part that Barack Hussien Obama II was not solely born a US citizen and cannot hold office as President of the United States of America.

Here is Elizabeth's July 2009 motion to dismiss and the plaintiff's August 2009 response. The matter apparently remains on the court docket at the time of writing this post.

This civil action was not the only one of its kind and, at least one other appears to be still extant as Barnett el al v Obama et al, which has a scheduling conference on 5 October 2009.

The strangest of all these cases (although one brought when Obama was still a senator and based on race not citizenship) has to have been the sealed and dismissed The Church of Jesus Christ Christian/Aryan Nations of Missouri et al v. Obama et al which originated with this filed statement of claim.

Obamaconspiracy has a complete rundown here on how these court actions are playing out.

Youth Decide: they may not all have the vote yet but politicians ignore at their peril

Click on snapshot to enlarge

Youth Decide wasn't just a vote. It's a movement. And the next step is to deliver these results to all Federal politicians.

Over thirty-four thousand young Australians taking part in a recent survey opted for a national and global response to climate change which actually reduced greenhouse gas levels beyond the green wash currently being proposed by most politicians.

Twitterverse is tittering at PETA

There's been a lot of re-tweeting out there on Twitter since someone discovered the phonetic resonance of the name given by People for the Ethical Treatment of Animals (PETA) to its blog - The PETA Files.

If nothing else it should give Aussie graziers and woolgrowers a bit of a laugh - as well as possibly falling foul of one or two overly sensitive filtering software programs.

Perhaps I should send a memo to the Minister for Censorship and Rememberance of Children, ol' Stevo Conroy.......