In which The Speaker Bronwyn Bishop indicates that she considers being asked to leave the Chamber under standing order 94(a) on the last sitting day of the parliamentary week to be a form of early mark excusing an MP from further attendance

Excerpts from House of Representatives Hansard for Thursday 27 November 2014, in which The Speaker Bronwyn Bishop (left) first indicates that she considers being asked to leave the Chamber under standing order 94(a) on the last sitting day of the parliamentary week to be a form of "early mark" excusing an MP from further attendance and, then barely an hour later complains that those so ejected were possibly conspiring to get that early mark she had freely offered:

The SPEAKER: [approximately 14:02] Order! When questions are asked, I am not going to have this perpetual wall of noise and interjection going on while an answer is being given. If it is to continue, many people will leave the chamber. Those who want early marks can have them.

The SPEAKER (15:13): I would simply say to the Manager of Opposition Business that the behaviour today was an absolute disgrace. Looking at the list, I can see that quite a few of them are indeed Victorian members, who perhaps wish to go back and campaign. Others may wish to have early planes, but there was a deliberate campaign of noise and disruption, and I am fortunate in having standing order 94(a) with which to deal with it, otherwise it means naming people and taking up the time of the House. Simply to stand there and try to say that you all behaved like little angels and that you were picked on is pathetic.

It is worth noting that when Ms. Bishop assigned an ulterior motive to the Victorian MPs she chose to ignore two facts:

1. Victorian MPs were not the most prominent group of members she ejected - that honour went to New South Wales.

2. At the time she was speaking, only one of the 18 MPs had completed the one hour exclusion period under 94(a). Therefore she had no proof and no basis for implying the five Victorian MPs were absent because they; perhaps wish to go back and campaign.

According to the Hansard record the 18 Labor MPs (7 from NSW, 5 from Victoria, 2 from Queensland, 2 from WA and 1 each from SA & Tasmania) ejected during Question Time on that day, left in this order commencing at approximately 14:04 pm and finishing at approximately 15:01pm:

The member for Chifley (NSW) * record did not reflect whether or not MP returned to the Chamber

The member for Greenway (NSW) * record did not reflect whether or not MP returned to the Chamber

The members for Batman and Corio (Vic) * record did not reflect whether or not these MPs returned to the Chamber

The member for Franklin (Tas) * record did not reflect whether or not MP returned to the Chamber

The member for Wakefield (SA) * record did not reflect whether or not MP returned to the Chamber   

The member for Hotham (Vic) * later returned to the Chamber until it adjourned
The member for Hunter (NSW) * record did not reflect whether or not MP returned to the Chamber
The member for Griffith (Qld) * later returned to the Chamber until it adjourned
The member for Grayndler (NSW) * record did not reflect whether or not MP returned to the Chamber

The member for Melbourne Ports (Vic) * record did not reflect whether or not MP returned to the Chamber

The member for Shortland (NSW) * record did not reflect whether or not MP returned to the Chamber

The member for Wills (Vic) * record did not reflect whether or not MP returned to the Chamber

The member for Fremantle (WA) * later returned to the Chamber until it adjourned
The member for Kingsford Smith (NSW) * record did not reflect whether or not MP returned to the Chamber

The member for Charlton (NSW) * record did not reflect whether or not MP returned to the Chamber

The member for Moreton (Qld) * record did not reflect whether or not MP returned to the Chamber

The member for Perth (WA) * later returned to the Chamber until it adjourned

* Photograph form The Canberra Times

Moggy Musings [Archived material from Boy the Wonder Cat]

A running joke musing: Not content with proposing a coal terminal in the Port of Yamba and later changing it to a transport hub which would ship agriculture, produce, forestry, petrochemical products, refined fuel, minerals and assorted machinery - now Desmond Euen is turning his eyes to Casino and Murwillumbah.

The Northern Rivers Guardians' Facebook page carries this notice of the Northern Rivers Railway Action Group Save our Tracks Forum; Yamba Port and Rail proposal’s managing director Des Euen will be one of the speakers at the Rail Meeting at Lismore Workers Club on Saturday the 22nd of November in relation to his intention to reopen the Casino to Murwillumbah rail service. The meeting goes from 2pm to 5pm. Hope to see some of you there.

There appears to be no end to Des Euan's self-promotion drive.

A matter of journalistic spine musing: My faithful slave has been quietly giggling ever since she found out the excuse APN's The Daily Examiner was giving for not picking up the phone and asking Clarence Valley Council about its taping of conversations occurring in council chambers - apparently it just didn't have the manpower available at the moment.

Her giggles turned to a hoot of laughter on Wednesday 17 November 2014 when the much smaller free community newspaper the Clarence Valley Review, with fewer journalists and a smaller budget, managed to publish a Page 3 article on the subject, Little brother is listening.

A when a half-truth is a pork pie musing: An 18 November 2014 Clarence Valley Council mayoral minute states: There is a shift in NSW towards allowing elected mayors to serve in office for periods of longer that one year, as is the current practice. The NSW Government Fit for the Future report states that “We will introduce longer terms for Mayors and clearer roles for council leaders. These changes will help to bring more stability and accountability to councils”.

What the minute didn’t state was that this only applied to a mayoral election by councillors according to the Baird Government.

Something that will occur at mayoral elections in the Clarence Valley which will be held every two years after 10 September 2016 if Mayor Richie Williamson fails in his bid to establish popular mayoral elections and a mandatory 4-year mayoral term in the Clarence Valley.

Hopefully, councillors will insist that this fact is included in the For and Against cases the council is obliged to advertise before the 21 February 2015 referendum, in which valley voters will be asked if they want to have a mayor elected by popular vote, with ratepayers funding that second type of election as well as the election of nine councillors.

In 2012 Coffs Harbour City councillor and mayoral elections totalled a combined $289,290 cost against that council's bottom line according to the NSW Office of Local Government.

A council by-election musing: There is one rumour doing the rounds that retired Grafton District Services Club manager and friend of Clarence Valley Council Mayor Richie Williamson Arthur Lysaght is considering standing at the 2015 Clarence Valley local government by-election and another that disgraced former NSW Nats MP for Clarence Steve Cansdell is thinking of standing as well.

A shirt-fronted Tony Abbott musing:

As I hopped into the laundry tub for a nice cool dip in today’s heat, the G20 ganged up on the Oz Prime Minister and ignored his insistence that the summit did not mention the war climate change. G20 leaders included this item in the official 21 point communique, “19. We support strong and effective action to address climate change. Consistent with the United Nations Framework Convention on Climate Change (UNFCCC) and its agreed outcomes, our actions will support sustainable development, economic growth, and certainty for business and investment. We will work together to adopt successfully a protocol, another legal instrument or an agreed outcome with legal force under the UNFCCC that is applicable to all parties at the 21st Conference of the Parties (COP21) in Paris in 2015. We encourage parties that are ready to communicate their intended nationally determined contributions well in advance of COP21 (by the first quarter of 2015 for those parties ready to do so). We reaffirm our support for mobilising finance for adaptation and mitigation, such as the Green Climate Fund.”

Best of all was reading the 35 page G20 Climate Finance Study Group –Report to the Finance Ministers – 2014 aka The Green Fund document – a fund Mista Rabbott has been resisting at various international forums since he first came to office. No doubt about it, he was right royally shirt-fronted by the world’s most powerful between 15-17 November 2014.

A microchipping musing: Clarence Valley Council is holding a reduced-rate microchipping day for cats and dogs at Grafton Animal Pound on Saturday 15 November 2014 from 11am to 2 pm. No appointment necessary. Cost $27 with payment by EFTPOS or cheque only. Remember to bring your cat in a carry cage or your dog on a lead. The pound is located at 16 Induna Street, South Grafton. Phone contact is 6642 5689 (direct) or via council's switchboard 6643 0200.

Council is trying to organise a second reduced rate microchipping day sometime next year specifically for public and social housing tenants. If you love your moggy or doggy please get it a microchip so that it has a chance of coming home if it accidentally becomes separated from its human family.

A local government election musing: Clarence Valley Council is understood to be holding a by-election in February 2015 to fill the vacancy caused by the tragic death of Cr. Jeremy Challacombe.

An itchy feet musing: Which North Coast local government general manager has never stayed more than four years in any job since about 1992? Eight jobs in 22 years. Wow! He’s got almost 20 years to retirement and at this rate should be able to cram in at least 7 more councils before collecting his superannuation.

A Love, Tony musing: These letters to aged pensioners that Prime Minister Abbott churns out appear to be making a bit of a stir - in November 2014 Centrelink's call centre automated response lists "Prime Minister's Letter" as one of the options. Tony Dum-Dum sent out individually addressed letters in which he informed pensioners that their pensions will not be reduced. Obviously lotsa members of the grey brigade don't believe him if Centrelink has to channel calls in this way. On a feline scale of trust Mr. Wabbott scores NIL.

A sad musing at 11.21am 28 October 2014: A local Clarence Valley couple died in a car crash in Tyson St at around 2.30pm on Monday, 27 October 2014. The husband is believed to be a Clarence Valley shire councillor.

A who dunnit musing: If Clarence Valley Council's general manager answered all the numerous questions he took on notice from Cr. Baker on 14.10.14 he was careful not to say during the subsequent monthly meeting and, Cr. Baker is apparently being equally silent. Some local wags have been jokingly taking bets as to whether the general manager was asked who was really behind the two complaints which triggered the unsuccessful Code of Conduct proceedings against Cr. Toms.

A rod for their own backs musing: Clarence Valley Council is about to place its 2014 Draft Keeping Of Animals Policy (bees, birds, livestock, poultry, dogs, cats, ferrets etc) on public exhibition. While few would dispute council’s right to make policy on this issue; the fact that people living on land zoned residential will have to seek permission and meet certain building/enclosure standards if they wish to keep three or more dogs or cats will pose a problem, if council does not clearly define the seeking permission process in its policy, how/by whom this will be managed and, how frivolous/malicious complaints will be dealt with. Laughingly, it seems to believe that the only risk it takes is if residents ordered to get rid of their pet moggies ‘n’ doggies challenge the order in court. What they are actually setting up is a classic scenario for a rapid escalation in neighbourhood disputes - for this policy as written has the potential to be used as a tool for spiteful payback.

A what about me musing: More than a little worried about when I'll get my Sunday dinner - my two-legs just realised that there are only nine weeks left until Christmas and she has retired whimpering to the bedroom. What's the problem? Santa pays for everything doesn't he?

An into the light musing: A very cool kitten just told me I had named the wrong redevelopment - so I've adjusted accordingly.

The projected project costs at concept stage for works/operations/maintenance depot and office rationalisation have been one of those closely guarded secrets beloved of Clarence Valley Council’s general manager. At a Corporate, Governance & Works Committee Meeting on 14 October 2014 a motion by Cr. Toms (Seconded by Cr. Simmons) to publish these costs was unanimously agreed to and a little light has entered in time for community discussion of this issue. *Cheshire cat smile on the dial*

Boy

NSW Independent Commission Against Corruption seeks urgent hearing in Australian High Court to confirm and protect its investigative powers

On 30 October 2014 the NSW Independent Commission Against Corruption (ICAC) announced a public inquiry into allegations concerning alleged corrupt conduct by a senior public official.

This inquiry known as Operation Hale was due to commence on 10 November 2014 and run over a two-day period.

However, by 10 November 2014 the NSW Supreme Court had handed down its judgment in Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571.

The Court found against the plaintiffs; Margaret Cunneen, Stephen Wyllie and Sophia Tilley – concluding that:

 118.       It follows from the above that the plaintiffs have not made out the issues raised in their summons and that their summons should be dismissed. I have not heard argument as to costs and accordingly, I will give the parties an opportunity to make submissions on that issue and I reserve my decision as to costs.

 119.       The orders which I make are as follows:

(1) The plaintiffs' summons is dismissed.

(2) Costs are reserved.

As an appeal was foreshadowed ICAC agreed to delay the commencement of Operation Hale hearings.

On 18 November 2014 in Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 the NSW Court of Appeal found for the plaintiffs - concluding:

123 The applicants are entitled to the relief sought in the summons, to the extent of a declaration that the Commission had no authority to investigate the matter identified in the summons by reference to the general scope and purpose of the proposed public inquiry and the nature of the allegation or complaint being investigated.

209 I agree with Basten JA that there was no power for ICAC to conduct an investigation into the allegation as described in the summons issued pursuant to s 35 of the ICAC Act because the alleged conduct did not fall within the definition of "corrupt conduct" in s 8(2) of the Act. I agree that the orders proposed by Basten JA should be made.

Neither judgement addressed the matter of whether the alleged incident occurred. ABC News reports that; Ms Cunneen has denied allegations she told her son Stephen Wyllie's girlfriend, Sophia Tilley, to pretend to have chest pains to avoid a blood-alcohol test after a car crash.

On 5 December 2014 ICAC issued the following statements:

ICAC Operation Hale public inquiry

Friday 5 December 2014

Today's majority decision of the NSW Court of Appeal with respect to the NSW Independent Commission Against Corruption (ICAC)'s Operation Hale public inquiry fundamentally affects the scope of the Commission's powers to conduct investigations into corrupt conduct.

It is critical to the exercise of the Commission's powers generally that the construction of section 8 of the ICAC Act is settled.

Accordingly, the ICAC will seek leave to appeal to the High Court of Australia.

The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

Statement regarding Operations Credo and Spicer

Friday 5 December 2014

The majority decision in Cunneen v ICAC [2014] NSWCA 421 fundamentally alters the basis of the Commission's powers with respect to significant parts of Operations Credo and Spicer.

 The Commission is seeking special leave in the High Court of Australia as a matter of urgency.

 Until the proceedings are resolved, the Commission will not complete the reports in Operations Credo and Spicer.

 The Commission will be making no further comment at this stage.

Media contact: ICAC Manager Communications & Media, Nicole Thomas, 02 8281 5799 / 0417 467 801

An "Oh-my-God moment" in the surf at Coffs Harbour NSW

ABC News 2 December 2014:

A budding photographer from the New South Wales mid north coast has captured what she describes as her "Oh-my-God moment", with a shark leaping out of the water during a local surf contest.

Steph Bellamy was at Macauley's Beach on Sunday for the Coffs Harbour Boardriders Club competition and was taking snaps of a group of mothers who had taken to the surf for a special heat.

"I took a shot, but as I stood up there was a splash and I thought, 'what was that?' and hit the button to take another photograph," she said.

"Then I heard the judges say, 'Wow, what was that?' and I expanded the shot out so I could have a look and it was as plain as day there was a major photobomb from a beautiful creature of our planet.

"It was a shark, and quite a large one."

She said the mums and kids were told to get out of the water, but 10 minutes later the competition resumed with the open men's heat.

Ms Bellamy said the swimmers in the water described the shark as "black with a white belly" and "about eight foot long".

"It actually jumped out of the water twice and I somehow, pot luck, caught it with the second shot……

Headline of the Week

Toxic Tony: Abbott threw Napthine under a bus

[The New Daily 30 November 2014]                     

Quote of the Week

"Abbott has already burnt up an enormous amount of political capital and it's hard to get that back”,……Abbott "ran a very negative campaign to win government and he's now getting that back in spades".

[Former Liberal MP and former Shadow Federal Treasurer John Hewson in stuff.co.nz, 29 November 2014]

Dear Bastion of Old Conservative White Male Privilege, I Quit

Menzies House, a self-styled conservative think tank, published this resignation letter on 1 December 2014.

I have to confess that I find it hard to feel much sympathy for the letter's author.......

Damien Mantach
State Director
Liberal Party of Australia (Victorian Division)
Level 3, 104 Exhibition Street
Melbourne VIC 3000

1 December 2014

Dear Mr Mantach,

I write to you today to resign my membership of the Victorian Liberal Party.

I am greatly saddened that I have become ashamed to be a member of the Liberal Party, which has completely betrayed its core principles and let down its base, and the Victorian people.

I understood the principles of the Liberal Party to be the inalienable rights and freedoms of all peoples, a lean government that minimises interference in our daily lives, and maximises individual and private sector initiative. Indeed, the Liberal Party’s national website states: “… we simply believe in individual freedom and free enterprise; and if you share this belief, then ours is the Party for you.” It is my view – and the view of many current members and members of staff whom I have spoken to – that the Liberal Party now obviously believes in nothing except perhaps the restriction of liberty and the electoral success of the Liberal Party.

I will no longer let my name, time, or labour be channelled into enacting the restriction and taxation that the Liberal Party now pursues almost exclusively.

In terms of being a “safe pair of economic hands” the Liberal Party has failed spectacularly. The Napthine Government certainly could not be accused of being “illiberal” in terms of expenditure – the election campaign consisted almost entirely of cash splashing and vote buying.

The parliamentary Party now violates individual freedom and hampers free enterprise as a matter of routine. The atrocious “unexplained wealth seizure” laws are a clear repudiation of the rule of law: a violation of the most basic principles of our legal system.  The avid campaign against drug users does no more than exploit fear to promote the militant repression of the most vulnerable members of our society. The further suspension of late-night liquor licensing – besides betraying a fundamental distrust for individuals ability to exercise their liberty responsibly – is a blow to the entertainment industry, as is the extremely stupid ban on ‘cage-fighting’.

I am equally disturbed by the many and varied ways the Coalition has acted to limit personal freedoms: banning solariums, punitive tobacco reforms, not to also mention the completely unjustified removal of suspended sentences.

My frustration is shared by voters, who have made it very clear that they find the Victorian Liberal Party slightly more repulsive than the empty authoritarians in the ALP and Greens. It should be no surprise that the state election results for minor parties in the Legislative Council rose from under 10%, to a staggering almost 25% as voters, including many Liberal Party members, sought to vote for parties who actually stand for something.

Lastly, the manner in which you have treated both candidates and party members that have come to media attention has been absolutely appalling and shameful. Any principled organisation must show loyalty to its members. I have no interest in being associated with a party that doesn’t stick by some of its people when they are unfairly attacked by the media and throws people under a bus for short term political gain. I believe in second chances, and we know from history that some of the greatest advocates for liberty and freedom have been converts from other unpleasant ideologies. Those who have come to liberalism from repugnant ideologies should be praised and used as advocates for de-radicalisation, not shunned and banished from the party.

That other self-serving, unloyal, unprincipled authoritarians, men without any values, are allowed to vocally and publicly represent the Party simply adds insult to injury.

In contrast, Labor stood by Daniel Andrew’s CoS and their Assistant State Secretary in the face of media hype in relation to the “Dictaphone Scandal”. There is now an overwhelming and saddening view amongst the younger members of the Liberal Party that at the first sign of negative press the party will abandon them. This is adding fuel to many who are disengaging and avoiding involvement in party politics.

Labor values their young people, involves them in senior ranks of their campaign. The liberal Party appears to see young people as a weakness and something to avoid, depriving the party of the new ideas and renewal that every party needs if it is to continue to grow.

I suspect you will be receiving a lot of feedback in this vein and I truly hope you take this on board if the Liberal Party ever wishes to be a viable option for the people of Victoria.

Accordingly, it is my hope that the Victorian Liberal Party will learn the lesson that stares us in the face right around the country, and will search deep inside itself for its soul, lopping off the poisonous, vacuous growths that are strangling what was once the greatest force for the advancement and aspiration of the Australian people and nation.

Yours sincerely
Marguerite Iliescu