One of the reasons why local government, traditional owners and communities in the Clarence Valley should be very wary of home-grown and foreign lobbyists, investment consortiums and land developers

On 15 August 2016 four representatives of United Land Councils Ltd & United First Peoples Syndications Pty Ltd gave evidence before the NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND.

One of the projects put forward to the Inquiry by those representatives was the industrialisation of the Clarence River estuary by way of construction of a mega freight port.

The following tale involves a number of persons or firms associated with the aforementioned  companies and this mega port & rail project, including Nick Petroulias aka Michael Felson aka Nick Peterson.

The Newcastle Herald, 21 October 2017:

HE WAS brash and brilliant. A young lawyer from Melbourne who became a rising star of the public service, hand-picked to serve as assistant tax commissioner by the age of 30.

That was until a spectacular fall from grace left Nick Petroulias jailed for using his plum position to do the very thing he was tasked with stamping out: defrauding the tax office.

Since his release from prison in 2010, Mr Petroulias has kept a low profile, going by a number of aliases including Michael Felson and Nick Petersen.

He described himself as a “disabled pensioner” on bankruptcy forms in 2015, with his debts estimated at an eye-watering $104 million.

But Fairfax Media can reveal that he has been accused of working behind the scenes to dupe a wealthy Chinese property developer into the illegal purchase of $12.6 million of Aboriginal land across Newcastle.

The matter is the subject of a Supreme Court legal battle that veteran lawyers have described as one of the most extraordinary cases they have seen in their careers.

Labelled by a lawyer familiar with the case as a real-life version of “Alice in Wonderland”, its cast of characters includes an international fugitive known as Robbie Rocket, a convicted drug dealer and a dead company director who somehow continued signing agreements a year after he was cremated in a Sydney cemetery.

The existence of an international money laundering syndicate and a karaoke junket intended as a bribery attempt are among the other sensational allegations contained within thousands of pages of evidence that have been tendered to the court.

Collectively, the lands were valued at $12.6 million.

Two Awabakal board members met with Mr Zong. At the negotiating table, they introduced him to Mr Petroulias – an agent for the parties involved – and Knightsbridge North Lawyers, a firm enlisted to broker the deal.

The only catch, Mr Zong was informed, was that the portfolio of land had already been sold to another buyer a year beforehand.

But he was assured that in return for a payment, that purchaser would remove themself from the picture.

By the end of the year, things appeared to be proceeding smoothly. 

Mr Zong had signed sales contracts, begun pursuing the land’s rezoning and outlaid nearly a million dollars – money he believed was a combination of a deposit and a payout for the former buyer.

But then came a shock announcement that threatened to derail the transaction: the state government had launched an investigation into the land council.

The investigation followed complaints about the land council’s governance and finances.

But Mr Zong alleges he was reassured the deal was still on a steady footing. He claims to have been told by Mr Petroulias that “there was no reason arising from the investigation that would compromise the validity of the transaction documents”. 

However, damning findings from the government’s investigator resulted in the land council being placed into administration. Then, the confirmation came: the sale was off.

Mr Zong ordered the immediate repayment of his $1 million, but his demands were refused. His property development companies – Sunshine Property Investment Group and Sunshine Warners Bay –  launched a civil claim for damages and to recoup the losses.

Caught in the legal crossfire was the land council, its law firm Knightsbridge, and the land’s original buyer, a mysterious company registered under the name Gows Heat.

Since it was placed into administration last year, the Awabakal land council has been under the control of Terry Lawler, a prominent Newcastle financier and philanthropist awarded an OAM in January.

Mr Lawler has recruited a high-powered legal team – including top silk Jeremy Kirk SC – to defend the land council and launch a cross-claim.

They have argued that the sales contracts Mr Zong signed were bogus and none of the proceeds found their way into the land council’s coffers.

Read the full article here.

The Newcastle Herald, 15 December 2017:

A wealthy Chinese developer appears set to withdraw a lawsuit against the Awabakal Aboriginal Local Land Council. 

Tony Zong and his Sunshine Property Investment Group had alleged they were conned into a deal to purchase $12.6 million of Aboriginal land across the city.

On Thursday, the Supreme Court heard the matter – involving disgraced former assistant tax commissioner Nick Petroulias – was “painfully close” to being resolved. 

It’s understood Awabakal lawyers want the land council’s costs covered as part of the settlement. 

“There doesn’t seem to be terribly much at issue in the Sunshine matter now except for the terms of discontinuance,” Justice Darke said. 

A separate action against Awabakal is also making its way through the courts. 

Knightsbridge North Lawyers has placed a caveat over the old Newcastle Post Office while it pursues the land council for $26,743 in alleged unpaid fees. 

Justice Darke indicated mediation could occur if the matter remained unresolved when the case returns to court in February. 

Turnbull Government's data retention privacy blunder just rolls on and on...

“If data can be re-identified with no more than SQL, there's no "if" about a leak, and the "when" is history.” [Journalist Richard Chirgwin, Twitter 18 December 2017]

“But why are medical records so attractive? Well, it turns out that there’s a metaphorical holiday feast of enticing data served up in your average health record. Family history, demographic data, insurance information, medications, etc. means there’s enough information to completely steal an individual’s identity and commit medication fraud, financial fraud, insurance fraud and a wide array of other crimes. When this very private, unchangeable information gets into the wrong hands, devastation can ensue.” [Robert Lord writing in Forbes, 15 December 2017]

First the Australian general public were told that patient data was well protected and data breaches wouldn't happen as a result of government's drive to collect, cross-match and retain as much information about each and every Australian citizen/permanent resident as possible.

Then when the inevitable day came where poor data security was laid bare - as the personal histories of 550,000 blood donors were placed on an insecure computer and accessed, as Medicare details began to be offered for sale on the Internet's dark web and Medicare itself became careless with its encryption -  the public was told in the first instance that misuse was unlikely, in the second instance that personal medical information couldn't be accessed and that patients couldn't really be individually identified in the third instance where a billion line encrypted data set was publicly released.

After that the Turnbull Government assured the population that it would create legislation which would make it illegal for anyone to de-encrypt anonymised data and create a Notifiable Data Breaches scheme.

We were all going to be safe once more in the arms of the Turnbull Government.

Now the cat is out of the bag, because that billion-line 30 year's worth of personal health information about est. 3 million people just won't stay in the back of the ministerial cupboard where Greg Hunt shoved it.

 [Fairfax journalist Ben Grubb, Twitter 18 December 2017]

The Sydney Morning Herald, 18 December 2017:

One in ten Australians' private health records have been unwittingly exposed by the Department of Health in an embarrassing blunder that includes potentially exposing if someone is on HIV medication, whether mothers have had terminations, or if mentally unwell people are seeing psychologists.

A report, published on Monday by Dr Chris Culnane, Dr Benjamin Rubinstein and Dr Vanessa Teague from the University of Melbourne's School of Computing and Information Systems, outlines how de-identified historical health data from the Australian Medicare Benefits Scheme (MBS) and the Pharmaceutical Benefits Scheme (PBS) released to the public in August 2016 can be re-identified using known information about the person to find their record.

The study reveals unique patient records matching the online public information of seven prominent Australians, including three (former or current) MPs and an AFL footballer. While a unique match may not always be accurate, Dr Rubinstein said there was the possibility to improve confidence by cross-referencing other data.

"Because only 10 per cent of Australians are included in the sample data, there can be a coincidental resemblance to someone who isn't included," he said.

"We can improve confidence by cross-referencing with a second dataset of population-wide billing frequencies. We can also examine uniqueness according to the characteristics of commercial datasets we know of, such as bank billing data."…….

Privacy analyst and Lockstep consultant Stephen Wilson said the breach damaged public confidence in health policy makers and data custodians.

"It's a huge breach of trust," he said.

"Promises of 'de-identification' and 'anonymisation' made by health officials, and ABS too in connection with census data releases, have been shown to be erroneous.

"The ability to re-identify patients from this sort of public release is frankly, in my view, catastrophic. Real dangers are posed to patients with socially difficult conditions.

"It beggars belief that any official would promise 'anonymity' any more. These promises cannot be kept."

Computer security researcher Troy Hunt said re-identification of anonymised records was attractive to researchers and nefarious parties alike.

"In this case, clearly more work needs to be done to protect individuals' identities,' he said. "My hope is that the government embraces responsible research like this and strives to improve confidentiality rather than penalise those seeking to report deficiencies such as this."

The federal Department of Health was notified about the issue December last year.

"The Department of Health takes this matter very seriously and had already referred this to the Privacy Commissioner," a Department of Health spokesperson told Fairfax Media......

Meanwhile, the Office of the Australian Information Commissioner, which houses Australia's privacy commissioner, said it was investigating the publication of the datasets.

"The investigation was opened under section 40(2) of the Australian Privacy Act 1988 (Privacy Act) in late September 2016 when the Department of Health notified the OAIC that the datasets were potentially vulnerable to re-identification," a spokesperson said.

"Given the investigation into the Medicare Benefits Scheme (MBS) and Pharmaceutical Benefits Scheme (PBS) datasets is ongoing, we are unable to comment on it further at this time.

However, the commissioner will make a public statement at the conclusion of the investigation."

The OAIC said it continued to work with Australian government agencies to enhance privacy protection in published datasets.....

Australian Labor Party will not support Social Services Legislation Amendment (Cashless Debit Card) Bill 2017 in its current form

Labor MP for Jagajaga and Shadow Minister for Families and Social Services Jenny Macklin, media release. 5 December 2017:

CASHLESS DEBIT CARD

Federal Labor will support the continuation of the existing cashless debit card trial sites in Ceduna and the East Kimberley. 

However Labor will not support the rollout of the cashless debit card to the two new proposed sites of Bundaberg and the Goldfields due to insufficient consultation with these communities, and the widespread criticism of the evaluation and the effectiveness of the card.

After conducting our own consultations with people in Bundaberg and the Goldfields and hearing evidence from the Senate Inquiry, it has become clear that Labor cannot support Social Services Legislation Amendment (Cashless Debit Card) Bill 2017 in its current form. 

Labor believes that there is insufficient credible evidence at this point to support the establishment of further trials of the cashless debit card. 

The flawed Orima Evaluation of the existing trials in Ceduna and the East Kimberley was inconclusive.

The Orima evaluation was subject to detailed criticism from leading academics, including Dr Janet Hunt from ANU, who said the evaluation does: “not present adequate evidence of the trial leading to successful outcomes for participants…. it is impossible to have confidence that the trial actually succeeded.”

Given the significant cost of the trials, an accrued cost of around $25.5 million or about $12,000 per participant, we must be sure that the cashless card can deliver its stated objectives. 

We have consistently said that we will take a community-by-community approach to the further rollout of the cashless debit card. 

Labor also has concerns that two years is not long enough for communities to determine whether there has been any real benefit from the introduction of the cashless debit card.

We are hearing that the communities in the existing trial sites want to continue using the card, and see the trial through.  

We will continue to support the continuation of the trials in Ceduna and the East Kimberley for these reasons. 

Labor will move amendments to the Bill to extend the end date for the trials in Ceduna and the East Kimberley to 30 June 2019 so that a proper evaluation can take place over a longer trial period. 

We have always said that we are supportive of community driven initiatives designed to tackle chronic alcohol abuse. But they must be genuinely community driven and not be part of a top-down approach. 

Labor understands that entrenched disadvantage cannot, and will not, be solved by income management alone. That’s why we have always advocated for the Government to provide additional wraparound supports to participating communities. 

We are calling on the Senate to support our amendment that funding for these vital wraparound service be guaranteed in the legislation. 

In future, Labor will only consider the introduction of any new trial sites if the Government can show that the community have agreed through a formal consultation process with the community, as well as an agreed definition of consent, and have established an evidence base through a robust and credible evaluation.

The Turnbull Government’s Social Services Legislation Amendment (Cashless Debit Card) Bill 2017 progressed as far as it second reading and was referred to the Senate Community Affairs Legislation Committee for inquiry and report.

The final report has a single line recommendation and also contains two dissenting opinions by Labor and the Australian Greens.

The bill returns to the House of Representatives in the new year.

Labor has now baulked but is unlikely to prevail given it doesn’t have the numbers in the lower house.

Five years on and the Royal Commission into Insitutional Responses to Child Sexual Abuse formally closes

Then Australian Labour Prime Minister Julia Gillard announced her intention to call a royal commission into child sexual abuse on 12 November 2012.

By 11 January 2013 six commissioners had been appointed and on 3 April 2013 the first of fifty-seven public hearings was underway.

These public hearings conducted 57 case studies, 30 of which examined responses to child sexual abuse in religious institutions.

The Royal Commission into Institutional Responses to Child Sexual Abuse formally closed on 15 December 2017 when it presented its final report to the Governor-General.

By that time the Royal Commission had heard evidence from nearly 8,000 historic abuse survivors with 6,875 survivors being heard in private sessions, of whom 4,029 (58.6 per cent) spoke about child sexual abuse in religious institutions. 

There were more allegations of child sexual abuse in relation to the Catholic Church than any other religious organisation, followed by the Anglican Church, The Salvation Army and others.  

ABC News created this graph on 15 December 2017:



During the course of its investigation the Royal Commission referred 2,575 matters to authorities, including to police.

The full 17 volume Final Report can be read here.

It is worth noting that the Turnbull Government has introduced a bill allowing child sexual abuse survivors who experienced abuse in government or participating non-government institutions to claim up to $150,000 compensation. 

The Commonwealth Redress Scheme for Survivors of Institutional Child Sexual Abuse commences on 1 July 2018 and operates for ten years. However it intends to deny compensation to any survivors who have have themselves been convicted of sex offences, or sentenced to prison terms of five years or more for crimes such as serious drug, homicide or fraud offences. A measure likely to exclude thousands of child abuse survivors - if the fact that 10.4% of survivors were in prison at the time they were heard in Royal Commission private session is any guide.

It is further noted that elements within the Catholic Church in Australia intend to resist certain recommendation in the Royal Commission's final report - particularly Recommendation 7.4 relating to reporting of child sexual abuse admissions/allegations heard during confession.

Three days after the Royal Commission's final report was published the Diocese of Ballarat gave up the pretence of empathy it donned for the duration of the inquiry and cut hundreds of brightly coloured ribbons off the fence at St Patrick's Cathedral placed there by abuse victims, their friends, families and supporters.