While North Coast Voices was on its annual break….

On Christmas Eve the Morrison Government released the following:

By the time a reader clicks on this link, http://epbcnotices.environment.gov.au/publicnoticesreferrals/,

there will only be 8-9 days left to submit comments.

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In what they are now trying to pass off as an attempt at humour the Liberal National Party of Australia posted this petty, divisive Christmas meme on their Facebook page.

LNP’s removal of this meme did little to stop the negative response on social media.

Tone deaf and abysmally stupid was the general consensus.

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The Guardian, 26 December 2018:

A man has been shot by police in New South Wales after he allegedly lunged at officers with a knife, and has been taken to hospital in a critical condition.

Police were called to a home in Waterview Heights, west of Grafton, in the early hours of Wednesday morning following concern for the 36-year-old’s welfare.

Police said he lunged at officers with the knife upon their arrival.

The man was flown to Gold Coast University hospital in a critical condition.

A critical incident team will investigate the circumstances of the incident.

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Stock market volatility continued over the Christmas break as President Donald Trump tweets further personal attacks on the US Federal Reserve and its personnel. Mr Trump's latest attack heightened fears about the economy being destabilised by a man who wants control over the Fed.

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Another young child died whilst being held in custody of US Customs and Border Protection. Eight year-old Felix Alonzo-Gomez died on December 25th after a medical diagnosis of “common cold” proved inaccurate. The boy's death follows that of  7 year old Jakelin Caal Maquin, 7, also of Guatemala, who died in Border patrol custody earlier this month. 

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SBS News, 26 December 2018:

The Coalition could be at risk of losing 24 seats at the next federal election, including those of six frontbenchers, according to a Newspoll quarterly analysis. The analysis, published in The Australian, reveals the government has failed to claw back electoral ground from Labor in both regional and metropolitan seats. While Prime Minister Scott Morrison remains ahead of Bill Shorten as preferred leader, his satisfaction ratings have dropped into the negatives.

According to this Newspoll survey analysis covering 25 October to 9 December 2018, 45% of voters over 50 years of age dissatisfied with Australian Prime Minster Scott Morrison’s performance.

On a two-party preferred basis, polling stands at Labor 53 and Lib-Nats Coalition 47.

Rumours of an early March election, to be called just after Australia Day, persist according to The Guardian.

@nobby15

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@Quad_Finn, 27 December 2018:

Japan has announced its first commercial whale hunt since leaving the IWC. The hunt will take place in July 2019 and will target Endangered Sei whales along with Minke whales & Bryde’s whales. It is not known how many whales of each species Japan intends to kill each season. 

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On Thursday 27 December 2018 Marble Bar in the Pilbarra, Western Australia experienced it's hottest day on record reaching 49.3C at 3.40pm.

           

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The Daily Examiner, 28 December 2018, p.1:

The $300,000 fine issued to Clarence Valley Council by the NSW Land and Environment Court last week for the destruction of a rare Aboriginal object in Grafton will be reinvested into the area, rather than go back into State Government revenue coffers.

The court’s ruling handed down on December 21 included a series of detailed orders as part of the penalty that includes several Clarence-based directives that were reached after consultation with the Local Aboriginal Lands Councils and community members.

It is believed this case is the first of its kind to be ordered with this directive.

The council was prosecuted for the unlawful maiming and removal of a red/black bean scar tree that occurred in 2013 and 2016. The tree, which stood on the corner of Breimba and Dovedale streets in Grafton and was a surviving original specimen from the flood plain before white settlement, was a registered culturally modified object under the Aboriginal Site Register.

The council will pay the fine amount of $300,000 to the Grafton Ngerrie Local Aboriginal Land Council which will be applied to remediation actions.

These include a feasibility study to establish a Keeping Place in the Grafton area for Aboriginal cultural heritage items including long-term storage for the scar tree remnants.

It will also provide research funding into local Aboriginal cultural heritage for educational purposes including training of council field staff and senior management.

The money will also be used to establish a permanent exhibition and fund a series of one-day Clarence Valley Healing Festivals to be held in various Clarence Valley Aboriginal communities throughout 2019 and 2020.

The council was also ordered to, at its own expense, publish a notice in several newspapers including The Sydney Morning Herald, Koori Mail and The Daily Examiner and on the council’s website and Facebook pages.

Additional costs include a $48,000 legal bill which will bring the total costs to the council to more than $350,000.

The council was convicted of the offence against s 86(1) of the National Parks and Wildlife Act 1974 of harming an object that it knew was an Aboriginal object.

The original fine was $400,000 but an early plea of guilty made council eligible for a 25 per cent discount on the penalty. The council potentially faced a penalty of up to $1.1million for its actions.

Council general manager Ashley Lindsay said the council agreed it had done the wrong thing by removing the scar tree and accepted the court’s decision.

“As the mayor and I have said previously, we acknowledge the importance of the scar tree to our Aboriginal community and are deeply sorry for the hurt and sense of loss the removal of the tree has caused,” Mr Lindsay said.

“The tree’s destruction does not represent who we are or who we strive to be as an organisation.

“This council values its connections with the Aboriginal community and I genuinely believe we generally work well together.

“But on this occasion we did the wrong thing and for that we apologise.”

BACKGROUND

Chief Executive, Office of Environment and Heritage v  Clarence Valley Council  [2018] NSWLEC 205 (21 December 2018), excerpt:

A scar tree is harmed

1. Until May 2016, a culturally modified tree stood in Grafton, on the corner of Breimba and Dovedale Streets. The tree was either a Red Bean or Black Bean tree. It had a bifurcated trunk with scarring on two parts of it. The larger scar faced a south westerly direction and was approximately 1.4m tall and 40cm wide. The smaller scar faced a westerly direction and was higher up the trunk.

2. Various reasons for the scarring have been passed down by the knowledge holders to local Aboriginal people. Aboriginal elders have said that the scar tree is culturally significant to the local Gumbaynggirr people and that the scarring was made using a stone axe either as a directional marker directing visitors to nearby Fisher Park, or for ceremonial purposes in connection with other sites in the area, or by someone wanting to make a shield.

3. In 1995, the scar tree was registered as a culturally modified tree on the Aboriginal Site Register. In 2005, the information about the scar tree was transferred from the Aboriginal Site Register to the Aboriginal Heritage Information Management System (“AHIMS”) maintained by the Office of Environment and Heritage (“OEH”). The scar tree was thereby identified as an Aboriginal object for the purposes of the National Parks and Wildlife Act 1974 (“NPW Act”). Under s 86(1) of the NPW Act, it is an offence for a person to harm or desecrate an object that the person knows is an Aboriginal object.

4. The local government authority for Grafton and the Clarence Valley,  Clarence Valley Council  (“the Council”), lopped the crown of the scar tree in July 2013. The Council was issued with and paid a penalty notice for harming an Aboriginal object, in breach of s 86(2) of the NPW Act.

5. The lopping of the scar tree exacerbated the decline in the health of the tree. In 2015, the Council included the scar tree on the Council’s annual stump grinding list for removal of the tree. On 19 May 2016, the Council completely removed the scar tree. The scar tree was cut into four pieces, including a cut through the lower scar. Remnants of the scar tree were taken to the Council’s nursery in Grafton. On 20 May 2016, the Council realised what it had done and self-reported to the OEH that, in completely removing the scar tree, it had harmed an Aboriginal object in breach of s 86(1) of NPW Act.

6. On 27 May 2016, the OEH after an investigation of the offence, seized the remnants of the scar tree pursuant to s 156B(4) of the NPW Act. On 9 June 2016, the remnants of the scar tree were relocated to the National Parks and Wildlife Service’s premises at South Grafton, where they remain today.

Full judgment is here.

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Perth Now, 30 December 2018:

Four months after losing the leadership spill he instigated, Peter Dutton has broken his silence in an extraordinary spray at Malcolm Turnbull.

Calling the deposed prime minister spiteful and indecisive, the Home Affairs Minister told Brisbane's The Sunday Mail that Mr Turnbull had brought about his own downfall through his lack of political nous.

"Malcolm had a plan to become Prime Minister but no plan to be Prime Minister," was Mr Dutton's damning evaluation.

He also criticised the former leader for actions he saw as undermining the Morrison government.

"I am the first to defend the legacy of the Turnbull government. Malcolm was strong on economic management, borders and national security, but Malcolm will trash his own legacy if he believes his position is strengthened by seeing us lose under Scott (Morrison),'' Mr Dutton said.

He excoriated Mr Turnbull for not supporting the Liberal Party's candidate in his old seat of Wentworth.

"Walking away from (his seat of) Wentworth and not working to have (Liberal Wentworth candidate) Dave Sharma elected was worse than any behaviour we saw even under (former Labor prime minister Kevin) Rudd."

Stating emphatically that he wasn't a stalking horse for former leader Tony Abbott or a right wing "Bible basher", Mr Dutton said Mr Turnbull's poor management had lost the Libs 15 seats in the 2016 election, leaving the government "with a one-seat majority which just made the parliament unmanageable. We were paralysed.".....

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Unanswered questions at the start of 2019. 

The last federal general election was on 2 July 2016. A year later and the Federal Liberal Party was still $3,711,956 in debt. 

Has the party managed to pay down this debt and how much money have they received as political donations since 1 July 2017?

One might safely assume that sacked prime minister Malcolm Bligh Turnbull will not be personally donating $1,750,000 to the Liberal Party this time around and one wonders if the banks were as generous with their donations once the Royal Commission began requesting their presence at public hearings.

This is the last available donor list. Will the corporations on this list still back the Liberal Party so strongly? 

List of donors to the Liber... by on Scribd

https://www.scribd.com/document/396376025/List-of-donors-to-the-Liberal-Party-of-Australia-Federal-2016-17

********Happy New Year 2019 from North Coast Voices********

https://happynewyear-2019.net/

****Happy Festive Season 2018 From North Coast Voices****

Wishing  you  all  a  Happy Festive Season

and thankyou to all our readers - those who come 

straight to this blog & those that read us on Twitter

North Coast Voices takes an annual break at this time and will be begin posting again on New Year's Day

A letter foreshadowing a politically unstable world in 2019

In the early hours of 20 December an increasingly unstable US President Donald J. Trump without consulting his own government tweeted; We have defeated ISIS in Syria, my only reason for being there during the Trump Presidency.

He followed that some some nine hours later with a series of tweets as a surprised world began to react.

Getting out of Syria was no surprise. I’ve been campaigning on it for years, and six months ago, when I very publicly wanted to do it, I agreed to stay longer. Russia, Iran, Syria & others are the local enemy of ISIS. We were doing there work. Time to come home & rebuild. #MAGA

Does the USA want to be the Policeman of the Middle East, getting NOTHING but spending precious lives and trillions of dollars protecting others who, in almost all cases, do not appreciate what we are doing? Do we want to be there forever? Time for others to finally fight.....

....Russia, Iran, Syria & many others are not happy about the U.S. leaving, despite what the Fake News says, because now they will have to fight ISIS and others, who they hate, without us. I am building by far the most powerful military in the world. ISIS hits us they are doomed!

Trump's own Secretary of Defense, former General commanding United States General Command James Norman Mattis, resigned within hours.......

Secretary of Defence

1000 Defense Pentagon

Washington, DC 20301.1000

December 20 2018

Dear Mr. President:

I have been privileged to serve as our country's 26th Secretary of Defense which has allowed me to serve alongside our men and women of the Department in defense of our citizens and our ideals.

I am proud of the progress that has been made over the past two years on some of the key goals articulated in our National Defense Strategy: putting the Department on a more sound budgetary footing, improving readiness and lethality in our forces, and reforming the Department's business practices for greater performance. Our troops continue to provide the capabilities needed to prevail in conflict and sustain strong U.S. global influence.

One core belief I have always held is that our strength as a nation is inextricably linked to the strength of our unique and comprehensive system of alliances and partnerships. While the US remains the indispensable nation in the free world, we cannot protect our interests or serve that role effectively without maintaining strong alliances and showing respect to those allies. Like you, I have said from the beginning that the armed forces of the United States should not be the policeman of the world. Instead, we must use all tools of American power to provide for the common defense, including providing effective leadership to our alliances. NATO's 29 democracies demonstrated that strength in their commitment to fighting alongside us following the 9-11 attack on America. The Defeat-ISIS coalition of 74 nations is further proof.

Similarly, I believe we must be resolute and unambiguous in our approach to those countries whose strategic interests are increasingly in tension with ours. It is clear that China and Russia, for example, want to shape a world consistent with their authoritarian model - gaining veto authority over other nations' economic, diplomatic, and security decisions - to promote their own interests at the expense of their neighbors, America and our allies. That is why we must use all the tools of American power to provide for the common defense.

My views on treating allies with respect and also being clear-eyed about both malign actors and strategic competitors are strongly held and informed by over four decades of immersion in these issues. We must do everything possible to advance an international order that is most conducive to our security, prosperity and values, and we are strengthened in this effort by the solidarity of our alliances.

Because you have the right to have a Secretary of Defense whose views are better aligned with yours on these and other subjects, I believe it is right for me to step down from my position. The end date for my tenure is February 28, 2019, a date that should allow sufficient time for a successor to be nominated and confirmed as well as to make sure the Department's interests are properly articulated and protected at upcoming events to include Congressional posture hearings and the NATO Defense Ministerial meeting in February. Further, that a full transition to a new Secretary of Defense occurs well in advance of the transition of Chairman of the Joint Chiefs of Staff in September in order to ensure stability Within the Department.

I pledge my full effort to a smooth transition that ensures the needs and interests of the 2.15 million Service Members and 732,079 DoD civilians receive undistracted attention of the Department at all times so that they can fulfill their critical, round-the-clock mission to protect the American people.

I very much appreciate this opportunity to serve the nation and our men and women in uniform.

James N. Mattis

Two days later it was reported that Special Presidential Envoy for the Global Coalition to Counter ISIL Brett H. McGurk had also resigned in protest.

Clarence Valley Council gets its just deserts - a $300,000 fine

Every member of council staff who signed off on the desecration of this scar tree should be demoted a pay grade.

The Daily Examiner, 22 December 2018:

The removal of an Aboriginal scar tree in Grafton has resulted in a $300,000 fine for Clarence Valley Council.

The judgment was passed down on yesterday in the Land and Environment Court of NSW, prosecuting the council for the destruction of the registered culturally modified tree that stood on the corner of Breimba and Dovedale Streets, Grafton.

The offences occurred in two increments, in 2013 with a severe lopping that “exacerbated the decline in the health of the tree” and the complete removal of the remaining trunk in 2016.

The council potentially faced fines up to $1million for its actions.

The news provoked a backlash against the council on social media.

Ratepayers were disgusted at the thought their money would be used to pay the fine and court costs.

Many wanted the individuals who made the decisions that led to the tree’s removal to take on some of the costs of paying the legal bill.

The Daily Examiner will present more on the scar tree findings and reactions from Clarence Valley Council and the Aboriginal Lands Council in a special report next week.

Japanese Government to withdraw from International Whaling Commission and recommence commercial whaling?

The Sydney Morning Herald, 20 December 2018:

Japan is to withdraw from International Whaling Commission by the end of the year, giving it the freedom to resume commercial whaling, Japanese news agency Kyodo has reported.

Kyodo quotes a government source as saying that Japan is unlikely to catch whales in the Antarctic Ocean after its withdrawal.

The government is considering allowing commercial whaling only in seas near Japan as well as the country's exclusive economic zone, the source said.

The decision will be announced by the end of this year, Kyodo said.

Humane Society International (HSI) said in a statement that, if the reports were confirmed, they would mark a welcome end to whaling in the Southern Ocean.

However, Nicola Beynon, from HSI in Australia, believes that Tokyo's decision to leave the rules-based order of the IWC would place Japans' North Pacific whaling program completely outside the bounds of international law.

She also fears that Japan may recruit other pro-whaling nations to leave the IWC, "leading to a new chapter of widespread and unauthorised killing of whales for profit".

"This is the path of a pirate whaling nation, with a troubling disregard for international rule. We're going to continue to press the international community to bring an end to the unjustified persecution of whales for commercial profit wherever it occurs," she said.

The IWC was established in 1948 under the International Convention for the Regulation of Whaling. Japan joined the organisation in 1951.

Kyoda News, 20 December 2018:

The following is a chronology of events related to Japan's whaling.

1948 - The International Whaling Commission is established under the International Convention for the Regulation of Whaling.

1951 - Japan joins the IWC.

1982 - The IWC adopts a moratorium on commercial whaling.

1987 - Japan starts hunting whales in the Antarctic Ocean for what it calls "scientific research" purposes.

1988 - Japan halts commercial whaling.

1994 - Japan launches research whaling in the Northwest Pacific.

2005 - Anti-whaling Sea Shepherd starts obstructing Japan's research whaling in the Antarctic.

2014 - The International Court of Justice issues an order to halt Japan's research whaling in the Antarctic.

2015 - Japan resumes research whaling in the Antarctic by reducing the number of whales it hunts.

September 2018 - The IWC rejects Japan's proposal to resume commercial whaling at an annual meeting in Brazil.

Dec. 20 - Japan's plan to withdraw from the IWC comes to light.

Japan has until 1 January 2019 to notify the International Whaling Commission of its intention to withdraw.

How the Turnbull & Morrison Coalition Governments suspended legal principle and stooped to extortion in order to pursue vulnerable welfare recipients

In July 2016 the Department of Human Services (DHS) - Centrelink launched a new online compliance intervention (OCI) system for raising and recovering debts.

Its aim was to raise up to $1 billion dollars allegedly owed by welfare recipients.

This compliance intervention became known colloquially as robo-debt.

Current Australian Prime Minister and Liberal MP for Cook Scott Morrison was federal treasurer for the first two years of the ongoing robo-debt scheme.

During this time the suicide of welfare recipients being pursued for so-called debt recovery began to be reported.

Since 2016 only a small number of welfare recipients have brought their robo-debts before the Administrative Appeals Tribunal for adjudication. It has reportedly set aside 34 per cent of these robo-debts (or one in every three) and varied another 2,4 per cent.

Most welfare recipients don't have the resources to fight these alleged debts.

The Guardian, 18 December 2018:

Centrelink’s “robo-debt” system is a form of illegal extortion allowed by failings across a “plethora” of democratic and legal institutions, according to a former member of the administrative appeals tribunal.

Prof Terry Carney, a long-serving member of the AAT, has penned an extraordinary attack on the institutional failings that allowed the robo-debt program.

It’s the second time Carney, who helped oversee the writing of Australia’s social security laws, has used academic journals to condemn the system as illegal this year.

Carney’s last paper said robo-debt involved the enforcement of “illegal” debts that in some cases were inflated or nonexistent, an allegation that was forcefully rejected by the Department of Human Services. Hank Jongen, the department’s spokesman, said at the time that the department “strongly refutes any claims that it has conducted its compliance activities in a manner which is inconsistent with the legislation”.

This time, Carney used a piece in the Alternative Law Journal to map out the numerous shortcomings that allowed the system to come into being and operate for 18 months without challenge.

 “The pivot for this article is not so much that Centrelink lacks legal authority for raising virtually all debts based on a robo-debt ‘reverse onus’ methodology rather than use its own information gathering powers – for this remains essentially uncontested,” he wrote. “Rather it is extraordinary that this went unpublicised and uncorrected for over two years.”

Centrelink has long used a system of automated data-matching to detect discrepancies in income reported by welfare recipients, to detect and claw back overpayments. But it introduced significant changes from July 2016, reducing human oversight and expanding the system considerably in a bid to recover more debts and improve the budget. The new system effectively shifted the onus onto the welfare recipient to prove they owed no debt to the government.

The system spat out letters to individual welfare recipients as soon a discrepancy was detected in their reported income to Centrelink and records held by other agencies, like the tax office.

A flawed process was used to calculate their debt if they did not respond or could not produce evidence of their previous pay, which involved averaging out their yearly income across all 26 of Centrelink’s fortnightly reporting periods. The process often led to the false assumption that a welfare recipient had worked across an entire year and was ineligible for social security, thereby creating a debt.

Carney argues the rushed design of what he described as a “machine-learning budget ‘savings measure’” trumped good design standards. He says inquiries by the auditor general and the commonwealth ombudsman into the system had failed to consider whether it was raising debts on a lawful basis.

Carney also argues that Centrelink, by pursuing debts raised through the controversial “income averaging” technique, has failed to adhere to ethical administration. He says Centrelink has continued to use this method, despite knowing AAT rulings that it is invalid…….

The privacy safeguards in the first tier of the AAT mean that most legal challenges against welfare debts are not publicised, he writes. That means that “rulings overturning Centrelink reasoning remain hidden from the public”…..

TERRY CARNEY AO, Emeritus Professor, University of Sydney, Centre for Health Governance, Law and Ethics, 2018:

* Alternative Law Journal, Robo-debt illegality: The seven veils of failed guarantees of the rule of law?

* Australian Public Law, Robo-Debt Illegality: A Failure of Rule of Law Protections?

* UNSW Law Journal Forum, The New Digital Future For Welfare: Debts Without Legal Proofs Or Moral Authority?

* University of New South Wales Law Journal, Vulnerability: False Hope For Vulnerable Social Security Clients?