Monday 23 September 2013

Coal Seam Gas: Another of Abbott & Co's policy fudges

Hartsuyker the Magnificent pulls a rabbit out of the hat and then makes it disappear

Sunday 22 September 2013

Abbott's Sovereign Borders policy leaking like a sieve



ABC News 22 September 2013:

An asylum seeker boat carrying about 30 people has arrived at Christmas Island, the first since the new Federal Government implemented its border protection policy.
The Government is not providing any details of the boat, but the ABC has been told from people on Christmas Island that the passengers include men, women and children from the Middle East.
It is the first known boat arrival since the Government was sworn in last week and its new policy, dubbed Operation Sovereign Borders, took effect.
Since then, Immigration Minister Scott Morrison has imposed new restrictions on the flow of information about asylum seeker boats.
The previous government used to alert the media every time a boat was intercepted, but Mr Morrison says he will only provide weekly briefings - the first of which will be tomorrow.....

UPDATE:
The Australian 23 September 2013

Despite the Abbott Government's initial attempts to impose an information blackout, the general public is now aware of this particular Suspected Illegal Entry Vessel.

It appears to contain roughly the same small number of passengers and crew that some other asylum seeker boats contained this month prior to the Abbott Government being sworn in on 18 September 2013.

It would appear that Abbott version of Stop The Boats, Turn Back The Boats! is making no difference to people smugglers thus far.

Is the net finally closing in O'Farrell Government?


On Saturday 20 September 2013 the NSW Independent Commission Against Corruption raided the offices of two NSW Liberal Party MPs in relation to allegations made against NSW Resources Minister Chris Hartcher's senior staff.

Click on image to enlarge

The Daily Telegraph 21 September 2013:

The offices of two Liberal MPs have been raided by the Independent Commission Against Corruption.
In what is shaping to be a major scandal for the O'Farrell Government, The Sunday Telegraph can reveal the offices of The Entrance MP Chris Spence and Wyong MP Darren Webber were searched by corruption investigators yesterday afternoon.
Computers and documents were seized by investigators from Mr Webber's office on the Pacific Highway at Wyong and Mr Spence's office on The Entrance Road at The Entrance.
Both MPs were contacted this morning and said they were unable to speak about the matter.
"I can't talk about what's happened," Mr Spence said.
The Sunday Telegraph understands the raids are in relation to claims of irregularities in donations to the Liberal Party on the Central Coast, which have been under investigation for more than a year.
Two staff members in the office of NSW Energy Minister Chris Hartcher, Ray Carter and Tim Koelma, were stood down in March last year over the allegations.
Central to the issue is a small business called Eightbyfive, set up as a discretionary family trust, which is accused of soliciting donations on behalf of state Liberal MPs and candidates.
Donors were allegedly told they could safely contribute and at the same time avoid any declaration to the Election Funding Authority.
Those involved with the trust have always denied any wrongdoing.......

Excerpts from The Sydney Morning Herald 21 September 2013:

The raids are understood to be connected to allegations that two staff of energy minister Chris Hartcher breached election funding rules before the 2011 state election.....

Records show a $5000 donation was made to the party's central coast candidates by LA Commercial Pty Ltd, a building company in Wyong, just weeks before the 2011 election.
The subsequent disclosure by the company's owner, Matthew Lusted, of the donation is understood to have alerted the party. It is believed Mr Lusted's company was asked to donate through Eightbyfive.
Mr Lusted was an unsuccessful Liberal preselection candidate for the federal seat of Dobell on the central coast, then held by the former Labor MP Craig Thomson....

Mr Hartcher's preferred candidate, Karen McNamara, was installed after intervention by Prime Minister Tony Abbott, then the opposition leader.
Ms McNamara was elected to parliament at the September 7 federal election....


Last year Mr Hartcher told parliament he was not under investigation in relation to the matter involving his two staff, but on Saturday declined to repeat the statement. ''The minister won't be making any comment,'' a spokeswoman said......

So Fairfax media chose to publish untrue statements about Slater & Gordon


It  appears to have taken the Australian Press Council over nine months to come to the conclusions set out in the adjudication below. It was published just ten days after the federal election was held.

Australian Press Council
Adjudication No. 1566: Slater & Gordon/The Age, The Sydney Morning Herald, The Canberra Times (September 2013)  
Document Type: Complaints
Outcome: Adjudications
Date:17 Sep 2013

The Press Council has considered complaints by a law firm, Slater & Gordon, about two articles that appeared in The Age on 13 October 2012 as well as in The Sydney Morning Herald and The Canberra Times. The first (“Gillard gave support for union group’s registration”) was a news report which led with a claim about the role of Julia Gillard in the incorporation of the AWU Workplace Reform Association in 1992. The second (“Parting company: ‘Brothers no more’”) was a lengthy investigative piece by the same journalist focussing on the impact of publicity about Ms Gillard’s departure from Slater & Gordon on a friendship between two former partners, Nick Styant-Browne and Peter Gordon.

The news report

Slater & Gordon complained that two statements in the report inaccurately and unfairly implied it was concealing the existence of a file about incorporation of the association and preventing or delaying release of the file to a person who was entitled to it (namely, the alleged client, Mr Ralph Blewitt). The first statement was that another law firm had been “pressing Slater & Gordon for more than a month” to enable Mr Blewitt “to gain access to the association incorporation file”. The second statement was that a former lawyer had “accused the firm of stalling” in providing access to the file.

The firm said that the journalist should have given it an opportunity to comment before the material was published. It said the journalist would then have been informed that it did not hold any files about incorporation of the association and the only documentation it knew of about the matter had been created by Ms Gillard and was not recorded by her in the firm’s system or held by it. The journalist would also have been informed that Mr Blewitt was not the client for Ms Gillard’s work on the association and therefore would not be entitled to access any file on it. The firm said Mr Blewitt had been a client for other work by Ms Gillard for which the firm did have files and had provided them to him within days of being asked to do so.

The publication replied that in the same article it had reported that Ms Gillard had not created a “formal file”. It had also reported in a subsequent article that Slater & Gordon said it could not find any documents relating to the matter. It denied that the article suggested Slater & Gordon was hiding files, and also pointed out that the claim about stalling was in a quote from the former lawyer, not a statement by the journalist. It said comment had not been sought from the firm before publication because it had seen legal correspondence from and on behalf of Slater & Gordon which supported the claim of delay, and because there was a real risk of injunction to prevent publication.

The Council has concluded that the publication failed to take reasonable steps to ensure fairness in the report in relation to whether the firm held a file on incorporation of the association. Even if the story is interpreted as having done no more than report allegations, rather than endorse them, their gravity was such that the firm should have been given a reasonable opportunity to respond prior to publication. The legal correspondence relied on by the publication did not provide sufficiently strong grounds for its failure to do so. The Council has also concluded that failure to seek comment for fear of triggering an injunction may be justifiable in some circumstances but in this instance the risk of an injunction did not relate to the statements in question and they could readily have been checked with the firm.

Accordingly, the complaint about the report is upheld on these grounds.

The feature article

Slater & Gordon complained that it had not been given a reasonable opportunity to respond to five passages in the article which implied it had engaged in a whitewash to protect the office of the Prime Minister. The publication replied that the relevant assessments and descriptions of the firm were fair comment, and that Mr Gordon’s views had been detailed fairly and comprehensively.

The Council has concluded that two of the passages in question were so serious and adverse that the firm should have been given a reasonable opportunity to respond before publication. They are the quotation of Mr Styant-Brown as saying that “[Slater and Gordon], in my view, have this sort of untrammelled objective of protection and hiding adverse material at all costs”, and the article’s description of a working draft of Mr Gordon’s media statement as “a document that made a mockery of [a] media statement” by the firm’s managing partner.

Accordingly, the complaint against the article is upheld in relation to those two passages. It is not upheld in relation to the other three passages.

This adjudication applies part of General Principle 1: “Publications should take reasonable steps to ensure reports are accurate, fair and balanced.” and General Principle 3: “Where individuals or groups are a major focus of news reports or commentary, the publication should ensure fairness and balance in the original article. Failing that, it should provide a reasonable and swift opportunity for a balancing response in an appropriate section of the publication.”

Did Abbott unconsciously signal his intention to break Coalition election promises?


We hope to be judged by what we have done, rather than by what we have said we would do.
[Australian Prime Minister Tony Abbott speaking on his first day in office, 18 September 2013]

Saturday 21 September 2013

What Tony Abbott has decided to include in his prime ministerial portfolio


Excerpt from the Administrative Arrangements Order made on 18 September 2013 – RTF 292KB

THE DEPARTMENT OF THE PRIME MINISTER AND CABINET

Matters dealt with by the Department

Advice to the Prime Minister across Government on policy and implementation
Assistance to the Prime Minister in managing the Cabinet programme
National security policy co-ordination
Counter terrorism policy co-ordination
Cyber policy co-ordination
Intergovernmental relations and communications with State and Territory Governments
Co-ordination of Government administration
Australian Government employment workplace relations policy, including equal employment opportunity and administration of the framework for agreement making and remuneration and conditions
Australian honours and symbols policy
Government ceremonial and hospitality
Commonwealth Aboriginal and Torres Strait Islander policy, programmes and service delivery
Promotion of reconciliation
Native Title
Community development employment projects
Reducing the burden of government regulation
Women's policies and programmes

Legislation administered by the Minister

Administrative Arrangements Act 1987
Aboriginal Affairs (Arrangements with the States) Act 1973
Aboriginal and Torres Strait Islander Act 2005
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Aboriginal and Torres Strait Islander Peoples Recognition Act 2013
Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975
Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self‑management) Act 1978
Aboriginal and Torres Strait Islander Commission Amendment Act 2005
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
Aboriginal Land Rights (Northern Territory) Act 1976
Aboriginal Land Rights (Northern Territory) Amendment Act 2006
Auditor-General Act 1997
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
Classification (Publications, Films and Computer Games) Act 1995, Part 10, except to the extent administered by the Attorney-General
Coordinator-General for Remote Indigenous Services Act 2009
Corporations (Aboriginal and Torres Strait Islander) Act 2006
Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006
Defence Act 1903, Part IIIAAA insofar as it relates to the powers or functions of the Prime Minister as an authorising minister and sections 58F to 58Q, 61, 61A, 61B, 61C, 118A and 118B
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
Flags Act 1953
Governor-General Act 1974, except to the extent administered by the Minister for Finance
House of Representatives (Quorum) Act 1989
Independent National Security Legislation Monitor Act 2010
Indigenous Education (Targeted Assistance) Act 2000       
Inspector-General of Intelligence and Security Act 1986
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Long Service Leave (Commonwealth Employees) Act 1976
Low Aromatic Fuels Act 2013
Maternity Leave (Commonwealth Employees) Act 1973
Native Title Act 1993
Native Title Amendment Act 2007
Native Title (Technical Amendments) Act 2007
Office of National Assessments Act 1977
Ombudsman Act 1976
Parliamentary Commission of Inquiry (Repeal) Act 1986
Parliamentary Presiding Officers Act 1965
Petermann Aboriginal Land Trust (Boundaries) Act 1985
Public Service Act 1999
Remuneration and Allowances Act 1990
Remuneration and Allowances Alteration Act 1986
Remuneration Tribunal Act 1973
Royal Commissions Act 1902
Royal Powers Act 1953
Royal Style and Titles Act 1973
Senate (Quorum) Act 1991
Stronger Futures in the Northern Territory Act 2012
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012