Tuesday 12 June 2018

Australian Prime Minister Malcolm Bligh Turnbull supports an attempt by former prime ministers Howard and Abbott to impose an elitist world view


Here is public comment on and by the main characters in what looks remarkably like an ill-considered and rather crude attempt at a beer hall putsch against academic freedom.

With one of the eight Ramsey Centre directors, Tony Abbott, giving the game away when he revealed that half of the proposed four-person Partnership Management Committee had an expectation that this committee would directly set the Bachelor of Western Civilsation curriculum and hire academic staff.

An expectation which appears confirmed by a statemet attributed to the Ramsey Centre CEO that; “If we feel like it’s not going to go to appreciation of Western Civilization, then we can withdraw the funding.”  

Ramsay Centre for Western Civilisation vision statement:

Paul Ramsay was a leading Australian businessman who was passionate about education and wished to educate future generations in the traditions and practices of western civilisation: its history, philosophy, literature, science, theology, music, art and architecture.

He also wanted to create over time a cadre of leaders – Australians whose awareness and appreciation of their country’s Western heritage and values, of the challenges that have confronted leaders and people, with that broad heritage in the past, would help guide their decision making in the future.

The Ramsay Centre Scholarships will provide students from across Australia the opportunity to study western civilisation in this spirit at one of our partner universities. Places will also be available within the BA degrees to non-scholarship holders. [my yellow highlighting]

The ANU Observer, 8 March 2018:

ANU announced plans for a $25,000 a year scholarship associated with a proposed Bachelor of Western Civilization on Tuesday, subject to student consultation. The announcement occurred at a forum for staff and student feedback, where more details of the proposed program were given, though some students voiced concerns.

At $25,000, the scholarship is the largest ever offered at ANU. It will be larger by just above 15% than the Tuckwell Scholarship, which is set at $21,700 for 2018.....

In a question at the forum, one attendee quoted the CEO of the Ramsay Centre, Simon Haines, as saying, “If we feel like it’s not going to go to appreciation of Western Civilization, then we can withdraw the funding.”  [my yellow highlighting]


*The proposed program comprises 16 core courses, typically taken over three years, with an additional Honours year sequence open to outstanding students. Students may replace up to 4 of the 16 BWC courses with 4 courses of classical or modern European language study. Students will be able to take the program alongside other disciplines offered by the University and (in the case of double-degree students) other degrees.

*The different courses within the program consider books from a variety of genres or disciplines (predominately works of literature, history, philosophy, religion, politics) but also including architecture, art and music, 

*The program will be capped at 60 students consisting of up to 30 scholarship recipients in the first year and up to 30 non-scholarship recipients. Up to 10 further scholarships will be made available to students in the second year of the degree.

*A distinct aspect of the proposed program is the use of the ‘Socratic’ approach. The program aims to create active learners engaged with primary texts in classes of no more than six to eight students. These small-group discussions will be supplemented by a series of panel-style discussions where academics from different perspectives engage in discussion with each other and with students.

*Curriculum recommendations will be made by the Partnership Management Committee (consisting of two academic staff from the Ramsay Centre and two academics from the ANU, one of whom is the Dean of CASS) and considered through the normal ANU academic processes[my yellow highlighting]

Liberal MP for Warringah Tony Abbott in Quadrant Online, 24 May 2018:

“The key to understanding the Ramsay Centre for Western Civilisation is that it’s not merely about Western civilisation but in favour of it. The fact that it is “for” the cultural inheritance of countries such as ours, rather than just interested in it, makes it distinctive. The fact that respect for our heritage has largely been absent for at least a generation in our premier teaching and academic institutions makes the Ramsay Centre not just timely but necessary. This is an important national project. It’s not every day, after all, that such a big endowment is dedicated in perpetuity to raising the tone of our civic conversation…..

A management committee including the Ramsay CEO and also its academic director will make staffing and curriculum decisions.” [my yellow highlighting]

Brisbane Times, 7 June 2015:

Prime Minister Malcolm Turnbull will personally intervene in the ANU's decision to pull out of a controversial new degree in Western Civilisation, saying he wants to talk to the university's vice-chancellor about it directly.

On Thursday, Mr Turnbull became the latest Liberal politician to wade into the furore over the course, which was to be funded by the John Howard-headed Ramsay Centre.
The Prime Minister said he was "very surprised" by the ANU's decision last week to end six months of negotiation with the centre and would be speaking to vice-chancellor Brian Schmidt personally "to get his account of it".

"I find it very hard to understand why that proposal from the Ramsay Foundation would not have been accepted with enthusiasm," Mr Turnbull said….
[my yellow highlighting]

Professor Brian Schmidt AC, Vice-Chancellor and President, Australian National University, writing in The Sydney Morning Herald, 7 June 2018:

The news came yesterday that Australian National University remains ranked by QS as number one in Australia and in the top 25 universities in the world. It is a global reputation we take seriously. One that is built on the basis of academic autonomy and free academic inquiry.

ANU has declined donations in the past and will again where we are unable to meet the wishes of the donor within our normal practices. It is right that we explore opportunities openly and in good faith, but it is also right that we let prospective donors know when we cannot provide them with what they want.

Our decision to end negotiations with the Ramsay Centre for Western Civilization has attracted a great deal of interest. In this case, the prospective donor sought a level of influence over our curriculum and staffing that went beyond what any other donor has been granted, and was inconsistent with academic autonomy.

This would set a precedent that would completely undermine the integrity of the University.

While there has been plenty of noise from all ends about the merits of the study of Western civilisation, the decision at our end has nothing to do with the subject matter.

In fact, the reason we entered into discussions and, no doubt, why we were of interest to the donor, is our global reputation for scholarship and teaching across the full breadth of the Western liberal tradition from classics, history and literature to philosophy, art and music. We offer more than 150 courses in western scholarship. It would take 18 years of study to complete all of those courses.

The opportunity to augment our teaching and research in these areas, along with a generous scholarship program for students, was an attractive proposition for ANU and we were grateful to the Ramsay Centre for considering ANU as a partner.

But at the end of the day, the University operates on the same principles with all donors, whatever their area of interest. Whether it is funding to support the study of Persian language or the study of classics, the same principles apply. The University retains full control of all curriculum and staffing decisions. This actually gets to the crux of the issue here for us. In this case, the donor sought a level of influence over our curriculum and staffing that went beyond any existing arrangements we have.
[my yellow highlighting]

UPDATE


On 1 June The Australian National University announced that it was withdrawing from negotiations to create a degree program with the Ramsay Centre for Western Civilisation. We took our decision for no other reason than the Centre's continued demands for control over the program were inconsistent with the University's academic autonomy.
We anticipated attacks from some for even contemplating introducing the degree, and from others for being anti-Western civilisation. What we had less reason to expect was the protracted media firestorm which has continued daily for nearly a month, in certain sections of the press, with ANU constantly assaulted for capitulating to pressure from those hostile to the Ramsay Centre, but without evidence or new information being offered. Scrutiny from the press is crucial in western democracies in holding public institutions to account - and universities should not escape it. But does stating over and over again a false narrative make it true? 
We have intentionally refrained from going into the details of the University's negotiations with the Ramsay Centre, partly because of our respect for what we had understood to be the confidentiality of those negotiations, partly to allow the Centre clear air to rethink its position after exploring options with other institutions, and partly because of our unwillingness to personalise the arguments in the way that others have been all too ready to do. But it has become obvious that we need now to further explain our decision "in the public square".
If ANU had withdrawn from the program simply because some people within our ranks were uncomfortable, for essentially ideological reasons, with the very idea of it, we would deserve all the criticism hurled at us.  But that was absolutely not the case. There was, and remains, strong support across the University for a major enhancement of our teaching and research capacity in the area of Western civilisation studies. We are attracted by the wide-ranging liberal arts courses taught in some prominent American universities, and remain wholly willing to craft a similar degree course here. Designed to convey understanding and respect for the great Western intellectual and cultural traditions - albeit in our own way:  analytically rigorous, not triumphalist, and open to comparisons being drawn, as appropriate, with other major intellectual and cultural traditions.
ANU has long been ranked number one in Australia in humanities disciplines, and we already teach some 150 undergraduate subjects addressing Western civilisation themes. The attractiveness of having major new resources to advance them, is why an enormous amount of effort has been invested by our staff in developing a very detailed proposal, including a draft syllabus, in support of a Ramsay gift, and why negotiations for common ground continued as long as they did.
So what went wrong? We withdrew from negotiations because there were irreconcilable differences over the governance of the proposed program, not its substance.  We were willing to accept the Ramsay Centre having a voice in curriculum design and staff appointments. But only a voice, not a controlling influence. From the outset, however, the Centre has been locked in to an extraordinarily prescriptive micro-management approach to the proposed program, unprecedented in our experience, embodied in a draft Memorandum of Understanding (MOU) of some 30 pages with another 40 pages of detailed annexures.
It has insisted on a partnership management committee to oversee every aspect of the curriculum and its implementation - with equal numbers from both the Ramsay Centre and ANU, meaning an effective Ramsay veto.
It has been unwilling to accept our own draft curriculum, and has refused to accept our preferred name for the degree ('Western Civilisation Studies')While acknowledging that any curriculum would have to be endorsed by the ANU Academic Board, it has made clear that to be acceptable to the Ramsay Centre it would have to find favour with the joint management committee - with its representatives being able to sit in the classes that we teach and undertake "health checks" on the courses and the teachers.
It became clear that there are fundamental differences in our respective conceptions of the role of a university.  The Centre has gone so far as to insist on the removal of "academic freedom" as a shared objective for the program: this remains in the draft MOU as an ANU objective, not a Ramsay one. For us academic freedom doesn't mean freedom to underperform or to teach without regard to the disciplines or agreed objectives of a particular syllabus. But it does mean appointment or retention of staff on the basis of their demonstrated academic merit, not political or ideological preference.
A continuing concern has been that the proposed Ramsay funding is provided short-term, up for renewal in eight years. A time-limited gift is not in itself problematic, but building a major program involving the hiring of a dozen staff, and then being held hostage to its continuation by a donor whose most senior and influential board members appear to have manifestly different views to ours about university autonomy, is not a happy position for any university to be in.
Ramsay CEO Simon Haines, in an interview in last weekend's Fairfax Press (The Age, 23 June), has now at last engaged in a little circumspect distancing from the Tony Abbott article in Quadrant, which was very explicit about the controls envisaged. But that dissociation has been a long time coming, and it remains to be seen whether there will in fact be a change in the Ramsay board's position.  In successive conversations with the Centre, ANU sought public assurances that Ramsay's position had been misstated, and that the University's autonomy in actually implementing agreed objectives would be fully respected.  But no reply we have received has given us any cause to believe that the MOU, with all its over-reach, would be fundamentally revised.  In the result, it was simply impossible on our side to believe that there was sufficient trust and confidence for the project to proceed.
We withdrew from the negotiations for governance reasons of this kind. Boiled down, the Ramsay Centre for Western Civilisation simply did not trust the ANU to deliver a program acceptable to it, and consequently asked for controls on the University's delivery of the degree that ANU could not - and should not - agree to.  
ANU, accepts gifts from individuals, foundations, groups, entities, government agencies, and foreign governments. In no cases are these gifts allowed to compromise the University's academic integrity, nor are they allowed to impose on our academic freedom, or autonomy. Regarding historical gifts surrounding our Centre for Arab and Islamic Studies (CAIS), Australia's leading academic capability in its area, let us be clear: if the Ramsay Centre were to take the same approach to a gift to ANU as the donors to CAIS, we could reach an agreement in less than 48 hours.
The University has never accepted gifts with such restrictions as demanded by Ramsay, and under our watch as Chancellor and Vice Chancellor we never will.
Let us offer this frank assessment as things stand at the moment, as the Ramsay Centre seeks other partners: to succeed, either they will have to change its approach and trust its partners to deliver a program in Western Civilisation studies, or be limited to a university willing to make concessions on academic autonomy. If the Ramsay Centre and its board are prepared to understand and respect the autonomy of Australia's national university, our door remains open.
Professor the Hon Gareth Evans AC QC and Professor Brian Schmidt AC are Chancellor and Vice-Chancellor, respectively, of The Australian National University.
 [my yellow highlighting]

Monday 11 June 2018

Teven Valley residents to meet concerning community objections to unwanted petrochemical plant in midst rural properties


Echo NetDaily, 6 June 2018:

Community meeting will be at Tintenbar Hall on Saturday, 16 June 2018 from 3.30pm until 5.30pm.

The Turnbull Government is about to decide what is in the "public interest" and what is "fair and accurate reporting"...


And how the Turnbull Government couches these definitions in relation to national security and classified information may decide if a whistleblower or journalist ends up spending two years in an Australian gaol.

Excerpts from National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 currently before the Parliament of Australia:

122.4 Unauthorised disclosure of information by Commonwealth officers and former Commonwealth officers
 (1) A person commits an offence if:
(a) the person communicates information; and
(b) the person made or obtained the information by reason of his or her being, or having been, a Commonwealth officer or otherwise engaged to perform work for a Commonwealth  entity; and
(c) the person is under a duty not to disclose the information; and
(d) the duty arises under a law of the Commonwealth.
           Penalty: Imprisonment for 2 years.
(2) Absolute liability applies in relation to paragraph (1)(d)
Note: A defendant bears an evidential burden in relation to the matters in 10 this subsection (see subsection 13.3(3)).

122.5 Defences
Powers, functions and duties in a person’s capacity as a 4 Commonwealth officer etc. or under arrangement……
Information communicated in accordance with the Public Interest Disclosure Act 2013
(4) It is a defence to a prosecution for an offence by a person against this Division relating to the communication of information that the person communicated the information in accordance with the Public Interest Disclosure Act 2013.
Note: A defendant bears an evidential burden in relation to the matters in 24 this subsection (see subsection 13.3(3)).
Information communicated to a court or tribunal
(5) It is a defence to a prosecution for an offence by a person against this Division relating to the communication of information that the person communicated the information to a court or tribunal (whether or not as a result of a requirement).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3))......

Information dealt with or held for the purposes of fair and accurate reporting…
(6) It is a defence to a prosecution for an offence by a person against this Division relating to the dealing with or holding of information that the person dealt with or held the information:
(a) in the public interest (see subsection (7)); and
(b) in the person’s capacity as a journalist engaged in fair and accurate reporting. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3))......


SECRECY OFFENCES - DEFENCES AND OTHER MATTERS

Recommendation 26
5.87 The Committee recommends that the following proposed defences be broadened to cover all dealings with information, rather than being limited to communication of information:
§ proposed section 122.5(3) – relating to the Inspector-General of Intelligence and Security, the Commonwealth Ombudsman and the Law Enforcement Integrity Commissioner,
§ proposed section 122.5(4) – relating to the Public Interest Disclosure Act 2013,
§ proposed section 122.5(5) – relating information provided to a court or tribunal, and
§ proposed section 122.5(8) – relating to information that has been previously communicated. 

Recommendation 27
5.90 The Committee recommends that the Attorney-General’s proposed amendments to the defence for journalists at proposed section 122.5(6), and the associated amendments at 122.5(7), be implemented. This includes expanding the defence to all persons engaged in reporting news, presenting current affairs or expressing editorial content in news media where the person reasonably believed that dealing with or holding the information was in the public interest.
The Committee also recommends that the Government consider further refinements to the proposed defence in order to
§ make explicit that editorial support staff are covered by the defence, including legal advisors and administrative staff,
§ ensure editorial staff and lawyers, who are engaging with the substance of the information, be required to hold a reasonable belief that their conduct is in the public interest, and
§ allow administrative support staff working at the direction of a journalist, editor or lawyer who holds the reasonable belief, to benefit from the defence.

The Australian Attorney-General and Liberal MP for Pearce Christian Porter sent out this media release on 7 June 2018:

Attorney-General, Christian Porter, welcomed the release today of the Parliamentary Joint Committee on Intelligence and Security on the Government’s National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017.

"This is a major step forward in securing passage of this critical legislation and protecting Australia’s democratic systems from Foreign Interference, and it is my expectation that the Bill will be considered and passed during the next sitting period later this month," the Attorney-General said.

"The Committee has made 60 recommendations, the large majority of which are minor changes to definitions and drafting clarifications. The most substantive changes are those that adopt the Government’s proposed amendments which I submitted to the Committee as part of its deliberations earlier this year.

"Those Government amendments expanded the public interest defence for journalists and created separate graduated offences for commonwealth officers and non-commonwealth officers. The amendments were designed to strike the best possible balance between keeping Australia safe and not impeding the ordinary and important work of journalists and media organisations.

"In addition to minor drafting amendments and the adoption of the substantive Government amendments that I provided earlier this year, the additional substantive changes now recommended include that:

*There be a reduction to the maximum penalties for the proposed new secrecy offences, and to require the consent of the Attorney-General to any prosecution under these proposed new secrecy offences;
* That all secrecy offences in other Commonwealth legislation are reviewed; and
* Clarification that the journalism defence extends to all editorial, legal and administrative staff within the news organisation.

"Even in the time that it has taken to consider the Espionage and Foreign Interference Bill, the threat environment has changed and become more acute. As senior ASIO officials have said repeatedly in recent months, we now live in a time of unprecedented foreign intelligence activity against Australia with more foreign agents, from more foreign powers, using more tradecraft to engage in espionage and foreign interference than at any time since the Cold War."

"Given the rapid change in the threat environment it is the Government’s intention to consider the report and recommendations for amendments very quickly and my expectation is that the Bill, in essentially the form now recommend by the Committee, should be passed through Parliament during the next sitting period later this month; noting of course the primary and most significant recommendation of the report is that the Bill be passed."

The Attorney-General said this Bill and the Foreign Influence Transparency Scheme Bill were both critical to modernising our national security laws as part of the Turnbull Government’s commitment to keep Australians safe and the Attorney-General wanted to make particular note of the hard work of the Committee in the last two weeks to produce this most recent Report.

"Safeguarding Australia’s national security will always remain the Turnbull Government’s number one priority and the Committee’s role in considering and making amendments to national security legislation is at the centre of a process that has seen ten tranches of national security laws passed since 2014, with the Government accepting 128 recommendations of the Committee, resulting in 293 Government amendments," the Attorney-General said.

"This process was conducted squarely in the national interest and represented a real fulfilment of Australians expectations for cooperative bipartisan conduct when serious national security issues are at stake. On this point I would like to personally thank the Chair Andrew Hastie MP, the Shadow Attorney–General, the Hon Mark Dreyfus QC MP, and Deputy Chair, the Hon Anthony Byrne MP, for their skilled and good faith dealings with my office to deliver recommendations which ultimately improve the Bill."

It goes without saying that incorporated community organisations, grassroots activists and social media bloggers/commentators are not afforded the protection of any detailed set of defences set out in the bill or in report recommendations.

On 8 June 2018 this was how the Australian Conservation Foundation (ACF) and World Wildlife Fund - Australia saw their position under the provisions of this bill and review recommendations:

WWF-Australia and the Australian Conservation Foundation say charities who hold the Australian Government to account on its environmental record, could be charged under proposed foreign interference and espionage laws.

Both groups say changes recommended by a bipartisan committee, to address “overreach” concerns with the Bill, don’t go far enough.

“We could still be charged with espionage just for doing our job, which is a ridiculous situation,” said WWF-Australia CEO Dermot O’Gorman.

Charities such as WWF-Australia and ACF are often sought out by international bodies to provide independent analysis and a scientific assessment on the Australian Government’s environmental performance.

If either organisation briefed the International Union for the Conservation of Nature (IUCN) on failings to address threats to endangered species they could be charged with espionage. 

Or if they gave evidence to the Organisation for Economic Co-operation and Development (OECD) on shortfalls in Australia’s record on the environment they could face espionage charges. 

“Providing independent analysis is core business for environmental organisations trying to save Australia’s forests and threatened species,” Mr O’Gorman said.
“Would the 2050 Plan to save the Great Barrier Reef have happened without attention from UNESCO?”

ACF Acting Chief Executive Officer, Dr Paul Sinclair said: “Protests and advocacy may make some politicians uncomfortable, but they are essential ingredients of a vibrant democracy and healthy environment.

“Our security is of course important. But restricting civil society advocacy in its name is dangerous and would limit the community’s ability to hold the powerful to account for any damage they cause to our clean air, clean water and safe climate.

“All parties must work to rewrite this bill to strengthen protections for the public oversight, free expression and peaceful protest that makes our democracy strong.”

These conservation organisations have some reason to be concerned as committal for trial for an espionage or foreign interference offence is essentially a political decision taken by the Attorney-General, given s93.1 of National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017 requires consent from the Attorney-General to proceed.

Given the antipathy displayed by the Abbott and Turnbull Coalition Governments towards any form of organised political, social or environmental activism, it is not hard to imagine a scenario in which a federal government would act maliciously against those opposing its policy positions or actions and use the provisions in this bill to effect such an act.

Sunday 10 June 2018

The political endorsements of extinction by Turnbull, Berejiklian and Palaszczuk governments continue




Wild fish stocks in Australian waters shrank by about a third in the decade to 2015, declining in all regions except strictly protected marine zones, according to data collected by scientists and public divers.

The research, based on underwater reef monitoring at 533 sites around the nation and published in the Aquatic Conservation journal, claims to be the first large-scale independent survey of fisheries. It found declining numbers tracked the drop in total reported catch for 213 Australian fisheries for the 1992-2014 period.

The biomass of larger fish fell 36 per cent on fished reefs during 2005-15 and dropped 18 per cent in marine park zones allowing limited fishing, the researchers said. There was a small increase in targeted fish species in zones that barred fishing altogether.
"Most of the numbers are pretty shocking," said David Booth, a marine ecologist at the University of Technology Sydney. “This paper really nails down the fact that fishing or the removal of large fish is one of the causes” of their decline.

Over-fished stocks include the eastern jackass morwong, eastern gemfish, greenlip abalone, school shark, warehou and the grey nurse shark. The morwong catch, once as common as flathead in the trawl fishery, dived about 95 per cent from the 1960s to 109 tonnes in the 2015-16 year to become basically a bycatch species……

…Peter Whish-Wilson, the Greens ocean spokesman, said the new research was largely based on actual underwater identification – including the Reef Life Survey using citizen scientists. It suggests fishing stocks "are not as rosy as the industry or government would like us all to think".

"This study also shows that marine parks can be successful fisheries management tools but we simply don’t have enough of them or enough protection within them to deliver widespread benefits," he said.

"The new Commonwealth Marine Reserves are woefully inadequate and won’t do anything to stop the continuing decline in the health of our oceans."


Humane Society International Australia (HSI), represented by EDO NSW, is seeking independent review of the Great Barrier Reef Marine Park Authority’s (GBRMPA) decision to approve a lethal shark control program in the Great Barrier Reef Marine Park.

HSI has lodged an appeal in the Administrative Appeals Tribunal (AAT) which will require a full reconsideration of the approval of the shark control program. The 10 year lethal control program targets 26 shark species in the Marine Park, including threatened and protected species. The appeal is based on the public interest in protecting the biodiversity of the Great Barrier Reef Marine Park.....

As apex predators, sharks play a vital role in maintaining the health of the Great Barrier Reef. HSI is concerned about the ongoing impacts caused by the use of lethal drumlines which are known to impact not only on shark species but also dolphins, turtles and rays. HSI is calling for non-lethal alternatives for bather protection.


Forest covering an area more than 50 times the size of the combined central business districts of Sydney and Melbourne is set to be bulldozed near the Great Barrier Reef, official data shows, triggering claims the Turnbull government is thwarting its $500 million reef survival package.

Figures provided to Fairfax Media by Queensland’s Department of Natural Resources, Mines and Energy show that 36,600 hectares of land in Great Barrier Reef water catchments has been approved for tree clearing and is awaiting destruction.

The office of Environment Minister Josh Frydenberg did not say if his government was comfortable with the extent of land clearing approved in Queensland, or if it would use its powers to cancel permits.

The approvals were granted by the Queensland government over the past five years. About 9000 hectares under those approvals has already been cleared.

Despite the dire consequences of land clearing for the Great Barrier Reef – and billions of dollars of public money spent over the years to tackle the problem – neither Labor nor the government would commit to intervening to stop the mass deforestation.


Freedom of information laws are an important mechanism for making government decisions transparent and accountable. But the existence of such laws doesn’t mean access to information is easy.

It took a three-year legal process for the Humane Society International (HSI), represented by EDO NSW, to access documents about how the Australian Government came to accredit a NSW biodiversity offsets policy for major projects

The NSW policy in question allowed significant biodiversity trade-offs (that is, permitting developers to clear habitat in return for compensatory actions elsewhere) seemingly inconsistent with national biodiversity offset standards. HSI wanted to know how the national government could accredit a policy that didn’t meet its own standards.

Despite Australia being a signatory to important international environmental agreements and accepting international obligations to protect biodiversity, in recent years it has been proposed that the national government should delegate its environmental assessment and approval powers to the states, creating a ‘one stop shop’ for developers.

The original FOI request in this case was submitted in early 2015, during a time when Federal and State and Territory Governments were actively in consultation on handing over federal approval powers under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This was to be done in the name of efficiency, with the assurance that national standards would be upheld by the states.
Over 60 documents finally accessed by HSI show this was a false promise. The documents reveal that federal bureaucrats in the environment department identified key areas of the NSW policy that differed from federal standards.

Despite this, the policy was accredited.

Accreditation meant that the NSW policy could be used when approving developments with impacts on nationally threatened species found in NSW, instead of applying the more rigorous national offsets policy.

In the time it took to argue for access to the documents, NSW developed a new biodiversity offsets policy as part of broader legislative reforms for biodiversity and land clearing. Unfortunately, the new NSW biodiversity offsets policy continues to entrench many of the weaker standards. For example, mine site rehabilitation decades in the future can count as an offset now; offset requirements may be discounted if other socio-economic factors are considered; and supplementary measures - such as research or paying cash - are an alternative to finding a direct offset (that is, protecting the actual plant or animal that has been impacted by a development).

While there have been some tweaks to the new policy for nationally listed threatened species, there is still a clear divergence in standards. The new policy, and the new NSW biodiversity laws, are now awaiting accreditation by the Australian Government.

How our unique and irreplaceable biodiversity is managed (and traded off) is clearly a matter of public interest. And on the eve of a hearing at the Administrative Appeals Tribunal, the federal environment department agreed and released over 60 documents. While it was a heartening win for transparency and the value of FOI laws, it was a depressing read when these documents revealed the political endorsement of extinction.

Saturday 9 June 2018

Just because it is beautiful.......(37)


Quotes of the Week



‘A progressive tax system “discriminates against Australians by income….Other forms of discrimination, such as by skin colour, race, or ethnicity, are rightly abhorred, yet the income tax system openly discriminates against people by income”’  [Institute of Public Affairs (IPA) 
quoted  by Sam Longford in Junkee, 5 June 2018]

just because he quacks like his misogynist homophobic predecessor while unequivocally cosying up to a deranged and ableist racist doesn't make him the milkshake duck of prime ministers cheesh fair go”  [Academic Ingrid Matthews on the subject of Australian Prime Minister Malcolm Bligh Turnbull and the Ramsey Centre for Western Civilisation’s attempt  to fund  a BA  university course,  Twitter, 7 June 2018]

Friday 8 June 2018

Being political tzar of all one surveys does not always mean that the world will bow down before you


There is no disputing that since becoming the ministerial head of that new 'super' federal government department, the Department of Home Affairs, Minister for Immigration and Border Protection Peter Craig Dutton has enjoyed a level of political power not shared by his ministerial colleagues. 

However he is obviously not happy that this power does not intimidate Australian courts and tribunals.

Perhaps this is because his Migration and Refugee Division and Character Assessments and Cancellations Branch are not always winning Dutton's war against orphans, refugees and those under threat of torture.

Administrative Appeals Tribunal decisions1 in 2018:

The Department of Immigration and Border Protection refused the applicant’s Protection visa. The applicant claimed he could not return to Malaysia due to his homosexuality as he would be subject to discrimination and abuse. The Tribunal set aside the decision. 

An application made by a family of three for Protection visas was refused by a delegate of the Minister for Immigration and Border Protection. The applicant seeking protection claimed he was at risk of torture if returned to Pakistan. The Tribunal remitted the decision with the direction that the applicant satisfied section 36(2)(aa) of the Migration Act 1958.

The review applicant sought two Orphan Relative visas for his younger siblings on the basis that their only existing carer, their mother, was incapacitated and could not care for them. The applications were refused by a delegate under section 65 of the Migration Act 1958 and the Tribunal remitted the applications for reconsideration with the direction they met the criteria for the visas.


The Department of Immigration and Border Protection refused the visa applicant's Student visa. The visa applicant was a child residing in Somalia and both of his parents were deceased. His maternal aunt, an Australian citizen, was his carer and was attempting to return home to Australia to her family with the child. The Tribunal set aside the decision. 


Footnote:

1. "The review of decisions to refuse or cancel a visa on character grounds is a small component of the broad range of decisions about visas reviewed by the AAT, and an even smaller component of the overall caseload managed by the AAT. 
To put these matters in context, in 2016–17, the Tribunal finalised 42,224 reviews, of which 168 decisions (or less than 0.4 per cent), related to visa cancellations and refusals on character grounds
In considering and deciding these matters, Tribunal members are bound to apply Ministerial Direction No. 65 which sets out three primary considerations which must be taken into account. These include protection of the Australian community; the best interests of minor children in Australia; and expectations of the Australian Community.  The Direction also sets out five ‘other considerations’ which must also be taken into account, including: international non-refoulement obligations; the strength, nature and duration of ties; impact on Australian business interests; impact on victims; and the extent of impediments if removed.  These decisions are routinely published and contain an explanation of the Members’ evaluation of each of these considerations." [AAT appearance at Senate Estimates, 25 May 2018]