The perception that Turnbull & Co are conducting a political witch hunt is not going to go away anytime soon

Maurice Blackburn Lawyers, media release, 27 October 2017:

Timetable set for Federal Court action on unprecedented raids

A court timetable has been set in the AWU’s fight to challenge the validity of this week’s unprecedented police raids launched by the Registered Organisations Commission (ROC) on the union’s Sydney and Melbourne offices.

Maurice Blackburn Lawyers, who are representing the AWU, said today that court orders confirming a timetable for the case had been agreed to by all parties, removing the need for a Federal Court directions hearing that had been scheduled for this morning in Melbourne.

Maurice Blackburn Principal Josh Bornstein said critically that the orders were made together with commitments from both the ROC and AFP that no documents seized in this week’s raids by the AFP will be handed over to the ROC until the court has heard the case.

Mr Bornstein said the union's case compromised two key parts, namely: 

That the raid conducted by the AFP was illegal; and

That the investigation by the ROC is illegal because it is politically motivated.

“Prior to these raids, the union had handed over disclosure statements from 10 years ago in relation to Get Up donations to the ROC, but in doing so had pressed the regulator to provide it with information about the political interference by the Turnbull government in this matter.

“Disturbingly, the ROC has refused to hand over all file notes of its communications with Minister Cash and her office and we  will continue to seek all such documents as part of the federal court case,” he said.

Under the agreed timetable evidence must be obtained from all parties next month, with the respondents required to file their defence by 1 December 2017. A substantive hearing will be held in December at a date to be set, following the filing of defences.

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BACKGROUND

In 2015 the Royal Commission into Trade Union Governance and Corruption considered matters relating to seven unions, one of which was the Australian Workers Union (AWU).

AWU activity during the years 2003-2010 were examined by the Royal Commission, including financial records which would have included donations by AWU to outside organisations/groups, including the $100k donation to the activist groupGetUp!

No evidence appears to have been presented during Commission hearings relating to GetUp! or to the 2006 AWU donation to this group and, there were no adverse findings made against Bill Shorten in the Commission's December 2015 Final Report.

In August 2016 Australian Employment Minister and Liberal Senator for Western Australia Michaelia Cash referred the AWU to the newly created Registered Organisations Commission (ROC) on the basis that the AWU might “have something to hide” after failing to provide any evidence that GetUp! funding was properly authorised…. Senator Cash said she had referred the GetUp! funding to the ROC because Shorten and the AWU had “failed to provide any minutes of the AWU’s national executive, or any other written authority for this donation”.

As far as I’m aware a reporting unit such as the Australian Workers Union New South Wales Branch or Australian Workers Victorian Branch is only legally obliged to hold records for 7 years and it appears Ms. Cash was ignoring the fact that a) there was no obligation to supply her with this so-called evidence and b) these documents could have been lawfully disposed of anytime after 2013 if the union had so decided.

On 20 October 2017 in response to Senator Cash’s referral ROC began an investigation into the AWU.

At no time has the AWU refused a lawful request by ROC that it produce documents.

Despite that fact ROC applied for search warrants for AWU branch offices in Sydney and Melbourne and these were issued before 10am on 24 October 2017.

The Australian Federal Police scheduled what it thought was an unpublicized search late on the afternoon of 24 October 2017.

Police were greeted outside the union offices by an assorted collection of mainstream print and television media who had been alerted to the time and place of the ‘raid’ by Senator Cash’s office.

An unknown number of union records were removed by the police.

The Australian Workers Union has lodged a Freedom of Information (FOI) request with the office of Employment Minister Michaelia Cash to try and determine exactly when she learned about police raids on the union's offices in Sydney and Melbourne.

Financial Review, excerpt from Media leaks about AFP AWU raids a disaster for Turnbull, Cash and government, 26 October 2017:

Via @michaelhallida4

Political Cartoon of the Week

@roweafr

Political Memes of the Week

Via Ming The Merciless

via Twitter

Australian High Court hands down judgment at 2:15pm today concerning eligibility to sit of five current and two former federal parliamentarians

High Court of Australia, email notification of judgment, 24 October 2017:

Friday 27 October 2017 at 2.15pm

1. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Senator the Hon. Matthew Canavan (C11/2017)

2. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Mr Scott Ludlam (C12/2017)

3. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Ms Larissa Waters (C13/2017)

4. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Senator Malcolm Roberts (C14/2017)

5. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning The Hon. Barnaby Joyce MP (C15/2017)

6. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Senator the Hon. Fiona Nash (C17/2017)

7. In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning Senator Nick Xenophon (C18/2017)

Copies of the judgment summaries will be accessible on the High Court website following the delivery of judgment.

Copies of the full judgment will be accessible on http://eresources.hcourt.gov.au/browse once uploaded.

Judgment delivered Friday, 27 October 2017:

HIGH COURT OF AUSTRALIA IN THE MATTER OF QUESTIONS REFERRED TO THE COURT OF DISPUTED RETURNS PURSUANT TO SE... by clarencegirl on Scribd

Tasmanian Liberal Premier Will Hodgman must now demonstrate maturity - Don't treat takayna / Tarkine as political football

            

                 

MEDIA RELEASE 17.10.17

HODGMAN MUST NOW DEMONSTRATE MATURITY – Don’t treat takayna / Tarkine as political football

“Aboriginal heritage in takayna is one step closer to permanent protection, with federal agreement that the Hodgman government cannot continue its destruction there without assessment and federal approval. This is what Tasmanian Aboriginal Centre has been seeking in court hearings since 2014. A major achievement for us on our way to Aboriginal control and protection of our own heritage,” Sharnie Read, spokesperson for Tasmanian Aboriginal Centre said.

“This decision is a strong message to the Hodgman Government that their stance regarding 4WD access to the Western Tasmanian Aboriginal Cultural Landscape (WTACL) is clearly wrong. They have not been capable of showing a way forward that will not impact and cause irreparable damage to the ancient Aboriginal heritage, cultural and natural values,” Sharnie Read said.

“The Hodgman government cannot be trusted to protect, manage or value this significant landscape and should return the area to the rightful owners, the Tasmanian Aboriginal community. This is the only way we can be assured the area is afforded the protected and conservation it deserves,” Sharnie Read said.

“Now the Federal Government have recognised their role, they must also accept responsibility and stand up to our intransigent state government and do what needs to be done to protect this national heritage listed landscape. It is a national shame to have vehicles smashing through one of Australia’s most significant and richest Aboriginal heritage landscapes, where critically endangered and other threatened species rely on an intact wild coastline for survival. These tracks need to stay closed,” said Bob Brown Foundation’s Campaign Manager Jenny Weber.

"Actions speak louder than words. The Tasmanian government tried to ride roughshod over due process for political advantage with a constituency who have been riding roughshod over priceless Aboriginal heritage of the ages. It's time to show respect, back off, and elevate protection of this special indigenous heritage above base politics." Peg Putt, Markets for Change said.

"This is a welcome decision that gives yet another opportunity to Premier and Aboriginal Affairs Minister Will Hodgman to prioritise leadership, good faith and what is right, over cheap, local politics and drop his plan to expand destructive 4WD tracks across an irreplaceable Aboriginal cultural landscape," said Vica Bayley, Campaign Manager, The Wilderness Society Tasmania.

“Protecting the natural shorebird values protects the cultural values present on these remote beaches – both of these have been present for thousands of generations, and deserve better than the Tasmanian Government’s callous disregard for them in preference to destructive 4WDs,” said Dr Eric Woehler, Birdlife Tasmania.

"Premier Hodgman has an opportunity to abandon this destructive policy. Or he can push ahead with three and a half years of community conflict and disrespect of this outstanding Aboriginal heritage", said Save the Tarkine Campaign Coordinator, Scott Jordan.

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Email the Prime Minister & Tasmanian Premier at http://www.takayna.org/

Send a submission to Federal Environment Minister at http://www.bobbrown.org.au/tarkine_news

Get bumper sticker at http://www.bobbrown.org.au/the_tarkine

Are the NSW Berejiklian Government & local Nationals preparing to trash the Clarence River Estuary?

If there’s one thing the NSW Nationals can be relied on to do it is to run with any short-sighted idea which involves the threat of environmental degradation and risk to regional water catchments.

Here we have them joining the Liberals in touting what appears to be a deal done in Sydney (with no genuine local community consultation) to bring international cruise ships into the environmentally sensitive Clarence River estuary – an act which would require a significant degree of initial and ongoing dredging to maintain access, with perhaps the partial dismantling of one of the internal training walls which were built to direct flood water flows.

Even cruise operators with smaller vessels will demand a guarantee of risk free access and some form of terminal – demands which would see existing local tourism along with commercial and recreational fishing disrupted and perhaps diminished.

It seems that Nationals MP for Clarence Chris Gulaptis has all but forgotten that just last year he was not in favour of the last attempt to co-opt the Lower Clarence River for the personal gain of outside financial interests.

Perhaps he needs reminding that ships that meet his specifications such as this one pictured below would still require estuary modification and shoreline development which is also unlikely to “tick any of the social or environmental boxes he once thought important.

As the average small cruise ship would exceed length overall LOA 30 metres they would all require compulsory pilotage to and from the river entrance to their berth.

Tonnage: 4,591 tons, Length: 103.7 m, Beam: 16.0 m. Draft 4.5 m, All Berths: 302.

Local residents are aware that Mr. Gulaptis has been lobbying Clarence Valley Council on the matter of cruise ships having access to and use of the river estuary. Perhaps he might like to inform us all exactly on whose behalf he has been doing this lobbying? And declare if he is receiving some form of consideration or financial benefit from such lobbying?

The Daily Examiner, 25 October 2017:

THE FIRST cruise ship that could test the Port of Yamba's passenger facilities could arrive before the end of the year, says Member for Clarence Chris Gulaptis.

"I've heard there could be a cruise ship coming this year,” Mr Gulaptis said.

But he was unsure of the any details of the size or type of vessel that could be coming.

Mr Gulaptis was with the NSW Minister for Roads, Maritime and Freight, Melinda Pavey, and Minister for Transport and Infrastructure, Andrew Constance, yesterday when they announced Yamba and Coffs Harbour were being considered as potential international cruise ship terminals for the NSW Mid North Coast.

Mrs Pavey announced the start of investigations as part of the launch of the government's Future Transport 2056 strategy.

"This is a major step, with the need for a facility being recognised in the 10 to 20-year horizon, so early investigations can begin now,” Mrs Pavey said.

The new facility has the potential to link in with North Coast tourist hotspots and part of the process will look at how to integrate the proposed port with the wider area.

"The cruise industry is booming and is set to get bigger in coming years.

"A cruise terminal would give the region a share of that industry,” Mr Constance said.

Despite the minister's optimism, Mr Gulaptis said there were lot of obstacles to overcome.

"Just where passengers would embark and disembark is not known,” he said.

"Goodwood Island could handle the size of the vessels, but its facilities have been used for live cattle exports and it's well away from Yamba.

"The only other place I can think of is at the marina on the other side of the wall, where the fishing boats moor.”

He said any use of the river would need approval of its owners, the Yaegl People, and the ships could not impact the Dirrangun reef, which was sacred to them.

He said the vessels would be much smaller than the big cruise liners.

"I think the maximum draught at Yamba is about five metres, so that should limit the size of the vessels to no bigger than 5000 tonnes,” he said.

The prospect of cruising liners coming to Yamba alarmed environmentalists such as Iluka's Ian Gaillard, who was a vocal opponent of a proposal that emerged last year to build a megaport in the Clarence Estuary.

He said people may think cruise liners coming to Yamba could represent progress, but in reality, it would be a retrograde step.

"Cruise ships bring with them some of the worst excesses of modern life,” he said.

”The danger for the local populace is that once these things are established, they change the amenity of the place forever.”

NSW Minister for Roads, Maritime and Freight Melinda Pavey is obviously confident that she and her cronies will be able to expand Port of Yamba by stealth.

Perhaps someone should remind her that Northern Rivers communities tend to jealously guard the existing aesthetic, environmental, cultural, social and economic values of their waterways and lands.

Like Chris Gulaptis, last year Cr. Jim Simmons was mindful of the environmental and cultural issues associated with dredging the entrance to the river and estuary.

Look at him now..... 

Clarence valley mayor Jim Simmons reckons Yamba would be a great cruise ship destination.

Clarence Valley’s new mayor Jim Simmons was quick to jump on board the idea to support Yamba and Grafton's tourist credentials. “Oh yeh, we’d give it  a go at Grafton.  We’ve got the best beaches up here and I think Coffs Harbour has had its fair share of things and it’s time other places got a go,” he says.

A clear example of political prostitution - with Malcolm Turnbull acting as 'the john' and One Nation playing 'the tom'

 The Courier Mail, 19 October 2017:

BARNABY Joyce has warned Malcolm Turnbull to stop gifting Pauline Hanson cash to make Government announcements.

The warning came during a face-to-face meeting sparked by ropeable Queensland Coalition backbenchers.

The frank discussion, held on Monday at 8am in the Prime Minister’s office during a scheduled meeting, was in part dominated by the decision to give the One Nation leader $15 million for projects Coalition MPs wanted to announce themselves.

Mr Joyce, who has a good relationship with the PM, laid bare his fury after he was bombarded with complaints from the Queensland backbench.

It is also understood Mr Turnbull’s office received complaints but the PM did not know intimate details of the deals with Senator Hanson.

Highly-placed sources said Queensland Opposition Leader Tim Nicholls and the state LNP had been thrown under the bus so the Turnbull Government could curry favour with Senator Hanson to get votes through the Senate.

Outraged state and federal Coalition MPs and Senators — plus the organisational wing of the LNP — said it looked like the Turnbull Government was bankrolling One Nation election announcements, which sparked the warning by Mr Joyce.

Some protagonists have threatened to go rogue in federal Parliament if it continued….

Queensland MPs are threatening to cause the Government trouble — and work as a separate bloc — if the sweetheart deals continue.

“Queenslanders in the House and the Senate will make sure Queensland’s interests are coming first,” one source said.

With the Government’s tenuous hold on both the House and Senate, Queensland Federal MPs hold significant power if pushed to use it.

Another warned “voters punished the Liberal party for dealing with One Nation in WA” and feared the same would happen in Queensland.

They also warn that allowing Senator Hanson “to stand with big cheques with the Australian Government crest” undermines arguments that voters should not vote for One Nation because they are not in power and cannot get anything done.

In the past month, Senator Hanson has announced a $8.9 million convention and evacuation centre in Ipswich and $5 million for a Driver Education and Motorsport Facility.

* Image from Dreamstime.com