Wednesday 9 April 2014

How witnesses protect themselves when appearing before a NSW Independent Commission Against Corruption investigation hearing


Alan Moir at www.moir.com.au


By way of example……………………….

NSW Independent Commission Against Corruption


Reference: Operation E12/2107/0821  

AT 10.00AM

THE COMMISSIONER: Yes, Mr Watson.

MR WATSON: I call Arthur Sinodinos.

THE COMMISSIONER: Yes. Just take a seat, Mr Sinodinos. Do you appreciate - I know Mr Bannon you appear for Mr Sinodinos. Do you appreciate, Mr Sinodinos, that I can make an order under section 38 of the Act which operates as a blanket objection and relieves you of the obligation to take objection to each and every question - - -

MR SINODINOS: Yeah.

THE COMMISSIONER: - - - and because your answers are given under compulsion then the order protects you from the use of your answers against you in civil or criminal proceedings but not in relation to any false or misleading evidence you might give. You understand that?

MR SINODINOS: Yes.

THE COMMISSIONER: Pursuant to section 38 of the Independent Commission Against Corruption Act, I declare that all answers given by this witness and all documents and things produced by this witness during the course of the witness’s evidence at this public inquiry are to be regarded as having been given or produced on objection and accordingly there is no need for the witness to make objection in respect of any particular answer given or document or thing produced.  

PURSUANT TO SECTION 38 OF THE INDEPENDENT
COMMISSION AGAINST CORRUPTION ACT, I DECLARE THAT
ALL ANSWERS GIVEN BY THIS WITNESS AND ALL
DOCUMENTS AND THINGS PRODUCED BY THIS WITNESS
DURING THE COURSE OF THE WITNESS’S EVIDENCE AT THIS
PUBLIC INQUIRY ARE TO BE REGARDED AS HAVING BEEN
GIVEN OR PRODUCED ON OBJECTION AND ACCORDINGLY
THERE IS NO NEED FOR THE WITNESS TO MAKE OBJECTION
IN RESPECT OF ANY PARTICULAR ANSWER GIVEN OR
DOCUMENT OR THING PRODUCED.

 THE COMMISSIONER: Would you like to be sworn or affirmed, Mr Sinodinos?

MR SINODINOS: Ah, sworn thanks.

THE COMMISSIONER: Thank you.

Tuesday 8 April 2014

PUP's Clive Palmer shows what federal politics has become in the Abbott era

Kevin from Page tells Parliament.....


At www.kevinhogan.com.au the Nationals Members for Page, Kevin Hogan, informs the world that he told the Australian Parliament about the benefits of reducing red and green tape.

However no-one appears to be listening to his 5 minute speech if the empty government benches behind him are any indication:


The lack of a credible audience is nothing new for Hogan, as this occasion where he was informing Parliament of his views on investing in education clearly demonstrates:


On his feet to speak on the Appropriations Bill saw him again in an almost empty chamber:


When he was giving his views on drought support the audience was so riveted by his wisdom that one of the two Coalition members in camera range is clearly scrolling down her mobile phone:


This charade of backbench MPs rising to speak to an almost empty chamber in order to have Hansard record something, anything, they can wave under the noses of their electorates is a cynical charade practiced by all parties.

It is no substitute for effective representation and active lobbying, but then it only has to fool local voters long enough to convince them to place a "1" beside a sitting MP's name at the next election - and with regional media no longer strong enough or willing enough to look further than a politician's latest self-serving media release that is all too easy to accomplish these days.

NOTE: All snapshots taken from videos found on Kevin Hogan's website and YouTube.

Monday 7 April 2014

Metgasco Limited refuses to enter deal regarding farmers right to say no


Echo NetDaily 4 April 2014:

Gas mining company Metgasco has thumbed its nose at farmers on the north coast by refusing to sign up to a deal recognising their rights to reject drilling on their properties.
Fairfax Media reported this morning that Metgasco had refused to rule out forcing itself onto private land in future.
The revelation is bound to incense anti-coal seam gas (CSG) campaigners on the northern rivers, who are preparing to disrupt Metgasco’s gas drilling operation at Bentley near Lismore, expected to start any day now.
Energy giants Santos and AGL and farming groups last week agreed to a deal, announced by the NSW government, recognising the right of landholders to reject or allow CSG exploration and production on their properties.
Fairfax Media reported that Metgasco was among a group of companies invited to take part in the deal; however, it and others declined to sign up.
Metgasco chief executive Peter Henderson told the media group that the present system ‘serves us well’…..

The Bentley area which is currently the focus of Metgasco's drilling activities:






 All photographs found at Google Images

Prime Minister Tony Abbott seeks to extinguish universal right to free speech and political communication - makes it an offence for Commonwealth public servants to be publicly critical of him in their private capacity


Apparently in the bible according to Tony Abbott, free speech and a right to political communication are things that will be available to journalists and shockjocks such as Andrew Bolt, Alan Jones and Ray Hadley - as well as to an assorted collection of wingnuts and racists across the nation.

However, a public service employee loses those rights even outside of working hours in their private capacity.

The first rule in Abbott's new world order is: Do not criticize Tony Abbott.

The Sunday Telegraph 6 April 2014:

PUBLIC servants will be urged to ­dob in colleagues posting political criticism of the Abbott government on social media, even if the comments are anonymous, under new Department of Prime Minister and Cabinet guidelines.

The sweeping new rules will even cover ­public servants posting political comments anonymously, including mummy bloggers on parenting websites, if a colleague knew their online identity.

The new policy clearly states it covers the use of social media in an official and unofficial ­capacity, whether for professional or personal use. If public servants are found to have ­breached the ­Australian Public Service Code of Conduct they could be sacked. Colleagues will also be encouraged to dob in each other.

"If an employee becomes aware of another employee who is engaging in conduct that may breach this policy, there is an expectation that the employee will report the conduct to the ­department,'' the policy states.

"This means that if you receive or become aware of a social media communication by another PM & C employee that is not consistent with this policy, you should advise that person accordingly and inform your supervisor."

Blogger and former public servant Greg Jericho, whose online identity as Grog's Gamut was unmasked by The Australian four years ago, said he was stunned by the policy.

At the time, the Department of Prime Minister and Cabinet PM and C ruled his own posts did not breach public service guidelines.

"This is so intrusive," Mr Jericho said.

"It is further evidence that the public service is scared of social media rather than seeing it as an opportunity to broaden the understanding of public policy, including correcting misinformation.'' he said…..

The new rules include a specific case study illustrating why public servants are not to criticise Prime Minister Tony Abbott stating being "critical or highly critical of the Department, the Minister or the Prime Minister'' on social media could prompt sanctions.

Breaches include "harsh or extreme in their criticism of the Government, Government policies, a member of parliament from another political party, or their respective policies, that they could raise questions about the employee's capacity to work professionally, efficiently or impartially."

There are also sanctions for "gratuitous personal attack that might reasonably be perceived to be connected with their employment."

The crackdown on social media posts covers posts on Facebook, Twitter, YouTube, Pinterest, Flickr, blogs, forums and Wikipedia.

This is the legislated code of conduct Tony Abbott wants to expand via regulations:


13  The APS Code of Conduct
             (1)  An APS employee must behave honestly and with integrity in connection with APS employment.
             (2)  An APS employee must act with care and diligence in connection with APS employment.
             (3)  An APS employee, when acting in connection with APS employment, must treat everyone with respect and courtesy, and without harassment.
             (4)  An APS employee, when acting in connection with APS employment, must comply with all applicable Australian laws. For this purpose, Australian law means:
                     (a)  any Act (including this Act), or any instrument made under an Act; or
                     (b)  any law of a State or Territory, including any instrument made under such a law.
             (5)  An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.
             (6)  An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.
             (7)  An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
             (8)  An APS employee must use Commonwealth resources in a proper manner.
             (9)  An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.
           (10)  An APS employee must not make improper use of:
                     (a)  inside information; or
                     (b)  the employee's duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
           (11)  An APS employee must at all times behave in a way that upholds:
                     (a)  the APS Values and APS Employment Principles; and
                     (b)  the integrity and good reputation of the employee's Agency and the APS.
           (12)  An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.
           (13)  An APS employee must comply with any other conduct requirement that is prescribed by the regulations.

Sunday 6 April 2014

Saturday 5 April 2014

West Australia Senate Election 5 April 2014 - Virtual Tally Room & other links


Australian Electoral Commission Virtual Tally Room (VTR) – online from 6pm AWST in West Australia, 9pm AEST in Queensland, Northern Territory or 10pm ADST in New South Wales, Victoria, Tasmania, South Australia and the Australian Capital Territory.

Australian Electoral Commission on Twitter - https://twitter.com/AusElectoralCom


ABC News 24 – election live cover from 9pm onwards

BACKGROUND: