The American Resistance has many faces and this is just one of them (15)

@POTUS your comments about Puerto Rico are unbecoming of a Commander in Chief they seem more to come from a “Hater in Chief”.

— Carmen Yulín Cruz (@CarmenYulinCruz) October 12, 2017

Carmen Yulín Cruz, Mayor of San Juan, Puerto Rico an unincorporated U.S. territory

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