Tweet of the Week

PM, seeking a fair go is not politics of envy. IPA bred. IPA fed. IPA led. Your politics like Howard's is one of wedging. We have growth but now none of it goes to the worker. PM, why? #auspol

— Catching up (@fehowarth) October 11, 2018

Quotes of the Week

“I fear that the danger of plastic bags is much exaggerated”  [Former sacked prime minister & Liberal MP for Warringah Tony Abbott quoted in The Guardian on the subject of plastics polluting the environment, 6 October 2018]

 “A key architect of the landmark Paris climate deal has lambasted the Coalition government’s inaction on greenhouse gas emissions, saying it “goes against the science”, squanders economic opportunity and risks Australia’s international standing. Laurence Tubiana, a respected French diplomat and economist, also says Prime Minister Scott Morrison’s claim that Australia will meet its Paris targets “at a canter” is contradicted by international scientific opinion.”  [Journalist Nicole Hasham in The Sydney Morning Herald, 3 October 2018]

“To me this particular event seems to show the Liberal party has been taken over frankly by extremists on the hard right who aren’t particularly motivated to win elections and aren’t particularly motivated to serve the public. They’re just motivated by a crazy agenda.”  [Alexander Turnbull, son of deposed Liberal prime minister Malcolm Turnbull in The Guardian, 11 October 2018]

The past two months have not been great for NSW Police public relations

The Daily Examiner, 8 October 2018, p.3:

Two police officers have been served with future court attendance notices for alleged offences related to the use and access of a NSW Police Force computer system.

Police said the 43-year-old male senior constable and the 40-year-old female leading senior constable, both attached to Northern Region, are alleged to have modified data in October, last year.

The woman has been charged with unauthorised access of restricted data and the man has been charged with unauthorised modification of restricted data.

They are both due to appear at Coffs Harbour Local Court on Tuesday, November 23.

The West Australian, 6 October 2018:

A Sydney police officer has been stood down after allegedly making sickening threats towards a Greens Senator’s young daughter.

Sarah Hanson-Young was targeted by what she calls vile, cowardly and intolerable threats at the height of her public stoush with Senator David Lleyonhjelm.

But Ms Hanson-Young says the threats went further, targeting her 11-year-old daughter in a call made five days after her joust with Mr Lleyonhjelm.

“I have spoken to her about it,” she said.

“Of course it’s a difficult thing to explain.

“I was very shocked to know that it was a police officer.

“It's disgusting and no child deserves this, no young woman deserves this and to do it is not just cowardly, it's vile.”....

Federal police charged the 56-year-old cop with using a carriage service to menace, harass, offend after raiding his south-western Sydney home.

The senior constable has since been stood down and his employment is under review….

The officer will face court next month and faces up to seven years’ in prison if convicted.

NSW Law Enforcement Conduct Commission, Media Release, 20 September 2018:

RELEASE OF REPORT ON LECC OPERATION BALTRA

The Law Enforcement Conduct Commission has found that a Leading Senior Constable engaged in serious misconduct after he punched an intoxicated woman (Ms Z) in police custody on 15 September 2017.*

The Commission’s Operation Baltra held private hearings to determine whether the officer involved (Officer A): 

1. Used excessive force when he punched Ms Z to the head with a closed fist whilst her hands were handcuffed behind her back.

2. [blank]

3. Breached NSWPF policies and guidelines when he recorded the CCTV footage of the incident on his mobile phone and subsequently shared that footage with a Snapchat group, which comprised other police officers from Police Station X.

The Commission has found that the punch with a closed fist by Officer A to the side of Ms Z’s head was an unreasonable use of force and that Officer A engaged in serious  misconduct as defined in section 10 of the LECC Act. 

The Commission is satisfied that Officer A was in breach of the NSWPF policies and guidelines with respect to his filming of the CCTV footage and that the dissemination of it to other police officers via Snapchat was unauthorised.  Notwithstanding this finding, the Commission is satisfied that Officer A genuinely believed that he was not breaching any policies or guidelines by sharing the information with other police officers in his team. 

The Commission’s recommendation, outlined in its Operation Baltra report presented to Parliament today, is that consideration should be given to the taking of action against Officer A with a view to dismissing the officer pursuant to section 181D of the Police Act 1990. 

The Operation Baltra report and associated footage can be found on the Commission website. 

Background

The Law Enforcement Conduct Commission is an independent statutory body. The principal functions of the Commission are to detect, investigate and expose serious misconduct and serious maladministration within the NSW Police Force and the NSW Crime Commission. 

The Commission is separate from and completely independent of the NSW Police Force and NSW Crime Commission. The Commission will treat all information confidentially and has powers to protect persons who provide information to it. 

* Codenames have been used in the report to protect the identities of the involved persons. 

The Northern Star, 21 September 2018, p.1:

The Law Enforcement Conduct Commission has found a police officer who inflicted multiple baton strikes on a naked 16-year-old boy in Byron Bay used excessive force and should be considered for prosecution.

The commission’s Operation Tambora arose out of events involving the arrest of the teenager by four police officers in Lateen Lane on January 11 this year.

On February 6, Channel 9’s A Current Affair aired mobile phone footage showing police apprehending the boy in the early hours of the morning. The footage showed at least one officer using a baton repeatedly to subdue him.

The teenager, referred to as “AO” in the commission’s report, had been holidaying with his family in Byron Bay at the time of the incident.

The investigation was primarily concerned with the conduct of the police officers when attempting to take AO into custody. This involved consideration of whether the decisions by the police officers to use OC spray and a taser were justified in the circumstances. There was also a significant issue as to the need for the use of a baton on AO and, in particular, the number and force of baton strikes that were administered to AO, particularly those administered by “Officer E” at a time when AO appeared to be restrained.....

Religious Freedom Review Report: a curate's egg in the hands of an Australian prime minister who doesn't understand the definition of secular or why there is a separation between Church and State

"Australia is not a secular country — it is a free country. This is a nation where you have the freedom to follow any belief system you choose.”  [Scott Morrison, 2007]

“Secular [adj] of or pertaining to the world or things not religious, sacred or spiritual; temporal, worldly.” [Patrick Hanks & Simeon Potter, Encyclopedic World Dictionary, 1971]

On 22 November 2017 then Australian Prime Minister Malcolm Turnbull announced the appointment of an Expert Panel to examine whether Australian law adequately protects the human right to freedom of religion.

The Panel’s Religious Freedom Review Report was delivered on 18 May 2018, accompanied by a statement that the report was now in the hands of the Prime Minister any government response was a matter for him.

The prime minister of the day is now the Liberal MP for Cook - a nakedly ambitious man who uses his public profession of Christian Pentecostal faith as a political tool.

Until this week the national electorate had no idea what the report might contain. It remained a closely guarded secret.

Which leads one to wonder if the leak which came Fairfax Media’s way is in fact Morrison preparing voters for what at best is highly likely to be proposed legislation which attempts to extend the exemptions religious institutions enjoy when it come to obeying human rights and anti-discrimination law and at worst an attempt to insert church into the heart of state.

The Sydney Morning Herald, 9 October 2018:

Religious schools would be guaranteed the right to turn away gay students and teachers under changes to federal anti-discrimination laws recommended by the government’s long-awaited review into religious freedom.

However the report, which is still being debated by cabinet despite being handed to the Coalition four months ago, dismisses the notion religious freedom in Australia is in “imminent peril”, and warns against any radical push to let businesses refuse goods and services such as a wedding cake for a gay couple.

The review was commissioned in the wake of last year’s same-sex marriage victory to appease conservative MPs who feared the change would restrict people’s ability to practise their religion freely.

The contents of the report - seen by Fairfax Media - are unlikely to placate conservatives and religious leaders, and will trigger concern within the LGBTI community about the treatment of gay students and teachers.

The report calls for the federal Sex Discrimination Act to be amended to allow religious schools to discriminate against students on the basis of sexual orientation, gender identity or relationship status - something some but not all states already allow.

“There is a wide variety of religious schools in Australia and ... to some school communities, cultivating an environment and ethos which conforms to their religious beliefs is of paramount importance,” the report noted.

“To the extent that this can be done in the context of appropriate safeguards for the rights and mental health of the child, the panel accepts their right to select, or preference, students who uphold the religious convictions of that school community.”

Any change to the law should only apply to new enrolments, the report said. The school would have to have a publicly available policy outlining its position, and should regard the best interests of the child as the “primary consideration of its conduct”.

The panel also agreed that faith-based schools should have some discretion to discriminate in the hiring of teachers on the basis of religious belief, sexual orientation, gender identity or relationship status…..

The panel did not accept that businesses should be allowed to refuse services on religious grounds, warning this would “unnecessarily encroach on other human rights” and “may cause significant harm to vulnerable groups”.

The review also found civil celebrants should not be entitled to refuse to conduct same-sex wedding ceremonies if they became celebrants after it was was legalised.

The review does not recommend any changes to the Marriage Act. Nor does it recommend a dedicated Religious Freedom Act - championed by several major Christian churches - which would have enshrined religious organisations’ exemptions from anti-discrimination laws.

“Specifically protecting freedom of religion would be out of step with the treatment of other rights,” the report found.

However it did recommend the government amend the Racial Discrimination Act or create a new Religious Discrimination Act, which would make it illegal to discriminate on the basis of a person’s religious belief or lack thereof.

The panel said it had heard a broad range of concerns about people’s ability to “manifest their faith publicly without suffering discrimination”.

This included wearing religious symbols and dress at school or work, communicating views based on religious understandings, obtaining goods and services and engaging in public life without fear of discrimination.

The report also recommends federal legislation “to make it clear” that religious schools cannot be forced to lease their facilities for a same-sex marriage, as long as the refusal is made in the name of religious doctrine.

Prime Minister Scott Morrison last month told Fairfax Media new religious freedom laws were needed to safeguard personal liberty in a changing society.

“Just because things haven’t been a problem in the past doesn’t mean they won’t be a problem in the future,” he said.

While the panel accepted the right of religious school to discriminate against students on the basis of gender identity or sexual orientation, it could see no justification for a school to discriminate on the basis of race, disability, pregnancy or intersex status.

“Schools should be places of learning, not breeding grounds of prejudice. This looks and feels like a vindictive attempt to punish LGBTI people for achieving marriage equality."  [just.equal spokesperson Rodney Croome, 2018]

As is usual for this prime minister, Morrison fronted the media with half-truths and misdirection about the Religious Freedom Review Report, implying that the contentious matters within the report were already uniformly codified in law across all the states.

This is far from the truth.

INVITATION FOR PUBLIC COMMENT: Proposed 19.4ha subdivision at Hickey Street, Iluka. curently being assessed as a controlled action

This proposed development of 19.41ha of forested land adjacent to World Heritage Gondwana coastal rainforest in Iluka, NSW, was first sent for public consultation in December 2015.

This is probably the last chance that community members have to offer their opinion on the plan for a 141 lot subdivision on the lot.

The Stevens Group has issued an Invitation for Public Comment which reads in part:

The preliminary documentation for the proposed action is on display and will be publicly available, to be viewed or obtained by download from the online facility without charge, from the 24 September 2018 until 4:30pm (AEST) on the 2 November 2018, at the following locations:

 § Clarence Valley Council Administrative Centre – 2 Prince Street, Grafton, NSW;

 § Clarence Valley Council Administrative Centre – 50 River Street, Maclean, NSW;

 § Iluka Library – Corner Duke Street & Micalo Street, Iluka, NSW;

§ NSW Office of Environment and Heritage – NSW National Parks and Wildlife Service, Level 4, 49-51 Victoria Street, Grafton, NSW;

§ Online at /www.stevensgroup.com.au%20– a link to the preliminary documentation will be available by selecting the ‘Residential’ page, then by choosing the “Iluka Subdivision – Invitation For Public Comment” tab.

Interested persons and organisations are invited to view the preliminary documentation. Written comments can be directed to Stevens Holdings Pty Limited, C/- Ocean Park Consulting Pty Limited, PO Box 99, Miami, QLD 4220, or email (rangi@oceanparkqld.com.au). 

Deadline for submissions is 2 November 2018.

Proposed Development at Lot 99 Hickey Stree, Iluka, now a controlled action by clarencegirl on Scribd

Preliminary Documentation Iluka Residential Subdivision, Hickey Street, Iluka NSW (Lot 99 DP823635) Environ... by clarencegirl on Scribd

Community unhappy about Tweed Shire Council water mining consent at Rowland Creek

Image: Onthehouse

Echo NetDaily, 6 October 2018:

Around 100 protestors made their point before council ignored them by voting 4–3, to reject Mayor Katie Milne’s rescission motion in regards to the September vote, where the majority of Tweed Shire councillors gave the thumbs up to a water mining operation at Rowlands Creek.

Councillor Katie Milne moved that a DA for a bulk loading/delivery of extracted water and roadworks at Rowlands Creek Road be deferred for several reasons including that NSW Water’s response to the pumping study was a brief email, not a formal review.

She asked that council seek additional consideration and hydrological testing from the applicant as outlined in a report by Professor Peter Cook (Potential Impact of Groundwater Pumping on Rowlands Creek) and that a suitably qualified university review the applicant’s report and subsequent response as well as NSW Water’s response and Professor Cook’s reports.

The motion also argued that the costings of road damage (referred to in the report but not provided) be publicly released; that the Rowlands Creek / Kyogle Roads intersection problem (which has been acknowledged and considered by the applicant’s traffic engineers but remains unresolved) should be referred to an independent expert for an opinion on the best practice approach; that council refer the problem of the Rowlands Creek Road / Mitchell Street intersection to the same independent expert for opinion on a best practice solution; and, that Council staff report whether they have investigated previously claimed discrepancies in the road width on the straight close to Uki – if not, to do so and if the Bitzios report is incorrect propose appropriate corrective measures.

The motion also asked that council seek independent legal advice on whether its public interest assessment meets Council and other legal obligations.

The 4–3 vote went Crs Cherry, Cooper and Milne for the rescission, and Cs Byrne, Polglase, Allsop and Owen against.

Cr Milne told Echonetdaily that this is not the end of the issue as far as she and council are concerned. ‘The developer has to gain final sign-off from councillors that the roadworks required are properly completed before he can commence operations,’ said Ms Milne.

‘There is another application in the system for Dungay, the court judgement for the Urliup expansion, and numerous applications for amendments required to rectify non-compliances of other existing operators as well as whatever else comes in.’

The mayor added that some of her greatest concerns include the safety of local residents, the impact on Rowlands Creek, the viability of the State Significant Farmlands adjacent, and the viability of locals’ stock and domestic water bores as well as the enormous costs expected for residents for these ongoing road repairs.

The Tweed Water Alliance submitted a hydrology report which suggested the water mining should not go ahead yet council still voted to go ahead. Ms Milne says the report was unequivocal and absolutely convincing. ‘It was done by one of the world’s leading groundwater scientists. There are always councillors who put development before the community. Unfortunately the Labor councillor joined them this time.

‘This is an issue that affects the whole community across the Shire. Apart from the water security issues, I’m sure our residents and pensioners would not be keen on subsidising ongoing road damage from these heavy trucks.’

Tweed Water Alliance’s Facebook page suggests that direct community action is now being contemplated.

"North Coast Voices" Turns 11 Today!

On Tuesday 9 October 2007 North Coast Voices published its first blog post titled "A genuine Howard hugger".

Eleven years and over 10,102 posts later it is another Tuesday and this blog is still publishing.

For that, heartfelt thanks are due to all our readers.