Release of the ALRC Freedoms Report is something to look forward to in March 2016

By early March 2016 the Turnbull Government is required to table and release the Australian Law Reform Commission report of the Freedoms Inquiry findings.

The Interim Report published in August 2015, Traditional Rights and Freedoms— Encroachments by Commonwealth Laws, can be found here.

This interim report states:

1.87 Throughout this paper, the ALRC highlights certain laws that may merit closer review. These are laws that have been criticised for unjustifiably limiting common law rights or principles. This report highlights some of these criticisms and some of the arguments that may be relevant to justification. However, for most of these laws, the ALRC would need more extensive consultation and evidence to justify making detailed recommendations for reform.108 1.88 Therefore, rather than make detailed recommendations for reform based on insufficient evidence, the ALRC has highlighted laws that seem to merit further review. These laws are identified in the conclusion to each chapter. The highlighted laws have been selected following consideration of a number of factors, including whether the law has been criticised in submissions or other literature for unjustifiably limiting one or more of the relevant rights and whether the law has recently been thoroughly reviewed. Laws that may be criticised for reasons other than interference with rights, for example because they do not achieve their objective, are not highlighted for that reason alone. The fact that a law limits multiple rights has also sometimes suggested the need for further review.109 1.89 The ALRC calls for submissions on which laws that limit traditional rights deserve further review.

And makes a welcome suggestion which, if implemented, would assist both parliamentarians and voters:

2.58 Additional procedures could be put in place to improve the rigour of statements of compatibility and explanatory memoranda to assist Parliament in understanding the impact of proposed legislation on fundamental rights, freedoms and privileges. The object of such procedures would be to ensure that statements of compatibility and explanatory memoranda provide sufficiently detailed and evidence-based rationales for encroachments on fundamental rights, freedoms and privileges to allow the parliamentary scrutiny committees to complete their review.

Politwoops is gathering Australian politicians' tweets once more

The Age 1 January 2016:

Politwoops will once again be able to collect and publish the deleted tweets of politicians around the world after Twitter announced that it reached a deal with the organisations that run the website.

Twitter revoked Politwoops' access to its API, the back-end code used by developers of other applications, earlier this year. Christopher Gates, the president of the Sunlight Foundation, a transparency group that runs the website in partnership with the Open State Foundation and Access Now, wrote at the time that Twitter's decision "truly mystified" him.

Politwoops has helped shine a light on apparent attempts by politicians to distance themselves from their remarks on Twitter. Perhaps the most notable case was when several politicians deleted tweets praising the release of Sgt. Bowe Bergdahl by captors in Afghanistan after questions arose about the soldier's past actions.

Politwoops Australia can be found here.

NOTE: A word of warning – there is at least one Australian politician’s Twitter account which was comprehensively hacked and the tweets recorded as deleted did not originate from that person, so double check all tweets you may consider quoting.

Failure to maintain staffing numbers and nursing care levels in Australian aged care facilities is a disgrace

In June 1999, a little over a year into the first term of the Howard Coalition Government,  there were an estimated 132,420 older Australians in residential aged care facilities, with 61 per cent having “high care” dependency status.  

Between 1994 and 1999 there was a 13.9% decrease in the number of registered nurses and a 26.0% decrease in the number of enrolled nurses, so that by 1999 there were 19,517 registered nurses employed full-time in residential aged care facilities and 13,818 enrolled nurses.

A decade later and the percentage of registered nurses working in residential aged care facilities fell from 11 per cent (or 18,313 individuals) in 2003 to 8 per cent (or 16,431 individuals) in 2009 and the number of enrolled nurses fell from 29 per cent (or 12,933) to 21 per cent (or 10,030) in 2009.

In 2011 the number of permanent residents in aged care numbered an est. 165,032 people.

By 2012 the percentage of the residential aged care workforce being registered nurses or enrolled nurses working in residential aged care had only risen to 14.7 per cent (or 13,939 individuals) and 11.6 percent (or 10,999 individuals) respectively, which is an actual fall in total numbers of RNs & ENs in the aged care workforce.

During the course of the 2013–14 financial year 270,559 people were admitted to age care facilities either on a permanent or respite basis. Nationally in March 2014 registered nurses comprised 15.3% of the residential aged care workforce and enrolled nurses made up 21.9% [Aged and Community Services NSW & ACT].  By June 2014 the “high care” dependency level of aged care residents had risen to 83 percent.

However, in 2014 the Abbott Government changed the federal Aged Care Act 1997 in such a way that allowed residential aged care operators to reduce the number of registered nurses employed in their nursing homes, as well as deregulating fees charged and accommodation bonds levied. 

In response the NSW Government effectively grandfathers facilities subject to the current NSW Requirements for a period of 18 months in order to block any moves to reduce state legislated provision of a minimum of one registered nurse on duty 24/7 in nursing homes containing “high care” beds.  This reprieve appears to come to an end around February this year but the state government’s formal response to the NSW Legislative Council report it ordered is not due until 29 April.

Meanwhile The Sydney Morning Herald reported on 1 January 2016 that: The profits of aged care homes surged 40 per cent in the past year as operators cut hours of nursing care while claiming higher payments from the federal government for servicing more of the most frail patients. The earnings boom in the sector comes after the government introduced widespread reforms of aged care in 2014…Yet while nursing homes report they are looking after more needy residents, the time spent caring for them declined by 7 per cent over the past year. In 2015, hours by care staff (nurses, care assistants and therapists) fell from 42.71 hours per fortnight to 39.80 hours per fortnight. At 2.8 hours a day, the average is well below the minimum of 4.5 hours per day of nursing care mandated in the US, said Lynda Saltarelli from the Aged Care Crisis advocacy group."Australia has no recommended levels for staffing," she said. "Over half of all nursing homes in Australia have nursing levels so low that most residents suffer harm."

Australia currently has about 2,800 residential aged care facilities providing care to more than 160,000 elderly people. Over the next ten years, the number of residents is projected to reach more than 250,000 and the highest area of growth will be among residents aged 95 or over. During that same ten-year period the number of registered nurses and enrolled nurses employed in aged care facilities is expected to further decline, according to Health Workforce Australia.

Prime Minister Malcolm Bligh Turnbull and his Cabinet need to take a long hard look at this mess and use legislation and regulations to raise these staffing levels and hours of care received before the next federal election.

The issue is not going unnoticed by voters……

Letter to the Editor, The Age 3 January 2016:

Low nursing levels, low level of care

It is outrageous that nursing homes do not have recommended staffing levels. Elderly people with dementia or Alzheimer's disease – and who, in some cases, have paid bonds of hundreds of thousands of dollars as well as continuing monthly payments – deserve the best possible care. By law, childcare organisations have staff ratios yet children are able to learn and notify carers if they are in pain, hungry or need to be toileted. Dementia patients cannot do this and will only become more in need of care as their condition worsens. Thankfully my mother, who has late-stage Alzheimer's disease, is in a wonderful facility. However, in my search for a good home, I saw many where up to 15 dementia patients were cared for by one staff member. With an ageing society, the number of people entering nursing homes will increase, profits will continue to soar and our most vulnerable citizens will suffer. Staff ratios must be put in place.

Annie Jones, West Melbourne [my red bolding]

Twitter: no trolls, bullies, haters or racists allowed

Twitter has updated its abusive behaviour policy:

Abusive Behavior

We believe in freedom of expression and in speaking truth to power, but that means little as an underlying philosophy if voices are silenced because people are afraid to speak up. In order to ensure that people feel safe expressing diverse opinions and beliefs, we do not tolerate behavior that crosses the line into abuse, including behavior that harasses, intimidates, or uses fear to silence another user’s voice.

Any accounts and related accounts engaging in the activities specified below may be temporarily locked and/or subject to permanent suspension.

* Violent threats (direct or indirect): You may not make threats of violence or promote violence, including threatening or promoting terrorism. 

* Harassment: You may not incite or engage in the targeted abuse or harassment of others.

Some of the factors that we may consider when evaluating abusive behavior include:

o   if a primary purpose of the reported account is to harass or send abusive messages to others;

o   if the reported behavior is one-sided or includes threats;

o   if the reported account is inciting others to harass another account; and

o   if the reported account is sending harassing messages to an account from multiple accounts.

* Hateful conduct: You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. 

*Multiple account abuse: Creating multiple accounts with overlapping uses or in order to evade the temporary or permanent suspension of a separate account is not allowed.

* Private information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address, or Social Security/National Identity numbers, without their express authorization and permission. In addition, you may not post intimate photos or videos that were taken or distributed without the subject's consent. Read more about our private information policy here.

* Impersonation: You may not impersonate others through the Twitter service in a manner that is intended to or does mislead, confuse, or deceive others. Read more about our impersonation policy here.

Tony Abbott's propaganda machine running at full throttle

Federal Member for Warringah Tony Abbott’s personal website is up and running again – with its entire history before 15 September 2015 conveniently wiped from memory and, at the timing of writing, there is only limited pre-prime ministership access to this site via the Wayback Machine.

The former prime minister has also rewritten his biography page on the current version of the website. 

Here is a transcript of that page with my annotations in red for your enjoyment:

Tony Abbott was elected Prime Minister by the Australian people on 7 September 2013 and served for two years. Prime ministers and parliamentary party leaders are not elected by the people but by government MPs & senators. His time as prime minister commenced on 18 September 2013 and he was sacked as party leader and prime minister by Liberal Party MPs & senators on 15 September 2015 so he was not prime minister for a full two years.

In his time as Prime Minister, the carbon tax and the mining tax were repealed; free trade agreements were finalised with China, Japan and Korea; and the people smuggling trade from Indonesia to Australia was halted. Australia became the second largest military contributor to the US-led campaign against ISIL in Iraq and hosted the G20 meeting of global leaders in Brisbane in November 2014. Australia is not the second largest contributor to the US-led campaign against ISIL which commenced in August 2014. Australia entered the campaign in October 2014 with approximately 200 defence personnel, building up to around 780 personnel & 8 aircraft by September 2015. However by February 2015 France had in excess of 2,000 defence personnel deployed on the ground & aboard an aircraft carrier and frigate, plus over forty aircraft on active duty by September 2015.

In 2014 and again in 2015, he spent a week running the government from a remote indigenous community. In 2014 Abbott spent barely 4 days in Arnhem Land arriving on 14 September & leaving on 18 September. In 2015 he managed almost 5 full days, arriving in the morning on 23 August & leaving around midday on 28 August.

As Opposition Leader at the 2010 election, he reduced a first term Labor government to minority status before comprehensively winning the 2013 election.

Between 1996 and 2007, he was successively parliamentary secretary, minister, cabinet minister and Leader of the House of Representatives in the Howard government.

As Minister for Health, he expanded Medicare to include dentists, psychologists and other health professionals and resolved the medical indemnity crisis. Abbott did not become Health Minister until 7 November 2003. The Howard Government began to provide financial assistance to United Medical Protection in May 2002 & the Medical Indemnity Act received assent on 19 December 2002. When he became Minister for Health & Ageing he merely continued this financial assistance. Medical insurance premiums rose quickly in 2003 and then continued to trend upwards during his tenure in the health portfolio.

As Minister for Workplace Relations, he boosted construction industry productivity through the establishment of a royal commission against union lawlessness. Abbott held this ministry from January 2001 until October 2003. The 2001-2003 Royal Commission into the Building and Construction Industry also looked at construction companies, employers & workplace safety. Construction industry productivity levels actually began to fall in the 2002-03 financial year.

As Minister for Employment Services, he developed private-sector job placement services and Work for the Dole for long-term unemployed people.

Tony Abbott has been Member for Warringah in the Australian Parliament since 1994.

Prior to entering parliament, he was a journalist with The Australian, a senior adviser to Opposition Leader John Hewson, and director of Australians for Constitutional Monarchy. Abbott forgot to mention his 1987 stint as a full-time journalist at The Bulletin newspaper and then his brief career as manager of a Pioneer Concrete plant.

He has degrees in economics and law from Sydney University and an MA in politics and philosophy from Oxford which he attended as a Rhodes Scholar.

He is the author of three books.

Since 1998, he has convened the Pollie Pedal annual charity bike ride which has raised more than $4 million for medical research, indigenous health scholarships and Carers Australia.

Tony Abbott does surf patrols with the Queenscliff Surf Life Saving Club and is a former deputy captain in the Davidson Rural Fire Brigade.

He is married to Margaret and they are the proud parents of three daughters – Louise, Frances and Bridget.

NSW Rental Tenancy Law Review community consultation closes 26 January 2016

NSW Fair Trading website:

The NSW Government is reviewing the Residential Tenancies Act 2010 (the Act). The Act establishes a comprehensive set of rights and obligations for:   
  *landlords 

 * tenants

 * social housing providers

 * real estate agents who act for landlords.    
     

As part of this review, you are now invited to view a Discussion Paper to help you consider improvements to the current laws. This consultation closes on 29 January 2016. Read more about how you can have your say below.  

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Some rental horror stories are being recorded by The Greens Jenny Leong at https://www.facebook.com/events/1513744868919794/.