Tweet of the Week

Planning law in NSW:

1. Independent Commission rejects a coal mine because it doesn’t stack up environmentally or economically

2. Minerals Council tells Govt to overhaul the system

3. NSW Government proposes changes to the law and orders a review of the Commission https://t.co/PIb1DYI7ND

— Elaine Johnson (@ElaineEDO) October 5, 2019

Cartoons of the Week

 Andrew Dyson, The Sydney Morning Herald, 4 October 2019

Mark David in Independent Australia, 4 October 2019

From The Guardian, 24 September 2019, Comment is Free - Get all your needs met at the First Dog shop if what you need is First Dog merchandise and prints.

Seems no-one is really happy with Australian Prime Minister Scott Morrison's religious freedom bills

Armed with what appeared to be a sense of personal righteousness, in August 2019 Australian Prime Minister, Liberal MP for Cook and self-proclaimed man willing to "burn" for Australia, Scott John Morrison, released a draft Religious Discrimination Bill 2019 along with the Religious Discrimination (Consequential Amendments) Bill 2019 and Human Rights Legislation Amendment (Freedom of Religion) Bill 2019.

Not everyone is happy with the contents of these bills.

For the institutional religions the bills do not go far enough. While for legal academics, industry bodies and human rights agencies these bills go too far. 

This is a selection of views publicly expressed.......

The Sydney Morning Herald, 4 October 2019: 

Australia's Catholic Church says the federal government's draft religious discrimination laws are "problematic" and require major changes to avoid unwanted "lawfare" and ensure religious bodies keep their ability to hire and fire at will. 

The demands from the country's largest church increase the pressure on Attorney-General Christian Porter to go back to the drawing board on a process that started with 2017's religious freedom review by Philip Ruddock. 

In particular, the Catholic Church wants special rights for religious schools to extend to religious hospitals and aged-care facilities, as well as an explicit override of state anti-discrimination laws. 

And despite the special rules for schools, the peak Catholic school body complained the draft law still "does not provide our schools with the flexibility they require" to ensure staff and students adhere to the tenets of their faith. 

The head of the National Catholic Education Commission (NCEC), former Labor senator Jacinta Collins, said Australia's 1750 Catholic schools must retain their legal right to hire and fire - and accept students - based on how well a person fit into "the ethos" of the school. That included whether someone was baptised as Catholic, or whether they had undermined the tenets of the faith by publicly entering a same-sex relationship or marriage. 

In a 27-page submission to the government on behalf of the Australian Catholic Bishops Conference, the Archbishop of Melbourne Peter Comensoli said the laws "require some significant amendment" to properly assist people of faith. 

He stressed religious hospitals and aged-care facilities "must" be included as religious bodies and enjoy the same hiring and firing rights as religious schools, with the Catholic Church the largest non-government provider of healthcare services in Australia. 

The Age, 4 October 2019: 

Religious believers could be free to publicly shame rape survivors under the federal government’s proposed “religious freedom” laws, Victoria’s Equal Opportunity and Human Rights Commissioner has warned. 

Commissioner Kristen Hilton also noted an unmarried woman would be powerless to seek redress if a doctor told her she was “sinful and dirty” for requesting contraception on the basis of a religious conviction. 

The commissioner has warned federal Attorney-General Christian Porter that his proposed new laws, which the government says are designed to protect the rights of people of faith to express their religious views, risks trampling on the human rights of other Australians…… 

Ms Hilton writes in her submission that the religious freedom laws might allow a worker in a health service to go on social media in their own time and denigrate the homosexuality of sexual abuse survivors. 

Another concern for the commissioner is the potential under the proposed laws that a private business or religious group could demand the right to provide sexual health education in government schools and tell children that homosexuality is an illness and that the use of contraceptives is a sin. 

A clause in the draft bill stating that expressions of belief should be protected from anti-discrimination laws could have the effect, Ms Hilton wrote, of "emboldening some people to characterise survivors of sexual assault or rape as being blame-worthy for not being sufficiently modest or chaste."….. 

“But religious expression needs to be balanced against other rights, such as the right to be free from discrimination,” the Commissioner wrote. 

“This bill does not get the balance right. 

“By privileging religious expression, the rights of other people are diminished."  

The Guardian, 4 October 2019: 

Legal academics and the Diversity Council have warned that the Coalition’s proposed religious discrimination bill is unworkable for employers and will thwart policies designed to create safe and inclusive workplaces. 

In a joint submission, the academics warn the bill’s proposed ban on workplace policies regulating religious speech would leave employers in the invidious position of having a duty under occupational health and safety laws to create safe workplaces, but being restrained in their ability to prevent bullying. 

The Australian Chamber of Commerce and Industry has warned the bill does not properly define religion, meaning that Indigenous spirituality could be excluded by the common law definition while “esoteric or emerging religions” are protected. 

The draft bill would prevent employers from having codes of conduct that ban religious speech in the workplace or on social media, on the grounds that such a ban would indirectly discriminate on the grounds of religion. The provision exempts large employers only if they can show they would suffer “unjustifiable financial hardship” without the rule. 

The academics’ submission – coordinated by Liam Elphick and Alice Taylor and signed by Professors Beth Gaze, Simon Rice and Margaret Thornton – noted the effect of the section is that religious speech “would have greater protection from employer intervention than any other statement or expression”. 

For example, an employer with a code of conduct banning employees from publicly engaging in controversial political debates would not be able to impose the rule on a religious employee who wanted to oppose marriage equality. A gay employee, however, would be restricted from publicly supporting it. 

“There are also workability issues in how an employer can factually prove that a conduct rule is ‘necessary’ to avoid unjustifiable financial hardship, considering the very high standard required to prove necessity,” the academics said. 

The academics warned the clause exempting religious speech from federal, state and territory discrimination protections would create an “unworkable situation for businesses in regard to employment”. 

“Work health and safety laws impose a positive duty on employers to prevent bullying, and discrimination laws require businesses to provide their services free from discrimination, yet [the exemption] would authorise bullying and discrimination,” they wrote. 

The Australian, 1 October 2019: 

The Anglican Church says the Morrison government’s draft religious discrimination bill contains problems “so serious” it cannot support it in its current form, warning that some groups like Anglicare and Anglican Youthworks may not be protected. 

In its submission to the government, the Anglican Church Diocese of Sydney outlined seven issues to be addressed and called on Attorney-General Christian Porter to expedite the Australian Law Reform Commission’s inquiry into laws that impact on religious freedoms. 

Under clause 10, religious bodies “may act in accordance with their faith” and do not discriminate against a person if their conduct may reasonably be regarded as in accordance with their doctrines, tenets, beliefs or teachings. A religious body that “engages solely or primarily in commercial activities” is excluded. 

Bishop Stead said the explanatory memorandum made it clear religious hospitals and religious aged-care providers would not be considered religious bodies. 

Anglican Youthworks, which charges fees to run “Christian Outdoor Education” programs, could also be disqualified because it engaged in commercial activity.While commending the bill, Bishop Stead said the clause might have a perverse effect. 

The Guardian, 30 September 2019: 

Key provisions of the religious discrimination bill may be unconstitutional because they allow medical practitioners to refuse treatment, and privilege statements of religious belief, an academic has warned. 

Luke Beck, a constitutional and religious freedom expert at Monash University, warned the Coalition’s exposure draft bill may be incompatible with international law and therefore not supported by the external affairs power in the constitution. 

The submission echoes concerns from the Australian Human Rights Commission and Public Interest Advocacy Centre that the bill will licence discriminatory statements about race, sexual orientation and disability on the grounds of religion, and that it privileges religion over other rights. 

What is the religious discrimination bill and what will it do? Read more The bill has been criticised for overriding state and federal discrimination law, including section 18C of the Racial Discrimination Act, which prohibits speech that offends, insults or humiliates people based on race. 

Beck argued the bill provided a “bigger sword” to religious people’s statements of belief than those of non-religious people. Statements of belief can be made “on any topic whatsoever” provided they “may reasonably be regarded” as in accordance with a person’s religious beliefs. 

By contrast, statements of non-belief must deal only with the topic of religion and “arise directly” from the fact the person does not hold a religious belief, the associate professor said.  

Freedom For Faith, undated submission:

The overwhelming concern of faith-based organisations across the country with whom we have spoken is about the effect of the Bill on their religious mission, with particular reference to their staffing policies, but also in relation to other issues. 

Staffing policies in faith-based institutions 

At a meeting in Sydney with a range of faith leaders a few weeks ago, the Prime Minister promised that the law would not take faith groups backwards in terms of protection of religious freedom. The difficulty is that this Bill does, in relation to staffing of faith-based organisations. The issues are existential ones for many faith-based organisations. If the issues are not resolved, this may lead us to conclude that the Bill is better not being enacted. That said, we have every confidence that the Attorney-General will be able to sort the drafting problems out. 

Currently, at least in some States, it is lawful for faith-based organisations to appoint, or prefer to appoint, adherents of the faith without breaching anti-discrimination laws. So for example, a Catholic school may prefer practising Catholic staff, or at least practising members of other Christian denominations. A Jewish school may prefer Jewish staff, and so on. This is no different to a political party which may choose or prefer staff who support the policies of the party, or an environmental group that wants staff who will believe in its mission. Organisations that exist for a particular purpose or are associated, for example, with a particular ethnic group, need to be able to have staffing policies that reflect their purpose and identity. 

This is not a right to discriminate. It is a right to select. And it is just plain common sense. A Church’s childcare centre is not like the Commonwealth Bank or a shop selling bedroom furniture. The childcare centre is part of the mission and ministry of the Church. If it could not insist on employing Christian staff, or at least having a critical mass of Christian staff, it would cease to be a Christian ministry. 

Many faith-based organisations have a strong preference for staff who are practising adherents to the faith, in order to maintain their religious identity and culture. However, larger organisations typically do not make it an inherent requirement of working there, because they need the flexibility to meet their staffing needs without drawing from too narrow a pool......


Neither of these examples cover situations where there is merely a preference to employ practising Catholics or practising Christians more generally. Furthermore, even if a Catholic school or other charity did have a policy of only employing Catholic staff, it would only be lawful if this could reasonably be regarded as in accordance with the doctrines, tenets, beliefs and teachings of Catholicism. That may be a difficult test to satisfy in the eyes of a court. The court may find it hard to see how the Catholic school’s preference in terms of employment may reasonably be regarded as being in accordance with the doctrines, tenets, beliefs or teachings of the religion. The school, however, may take the view that it is a necessary implication of their doctrines that they want to maintain a Catholic ethos by having a “critical mass” of believing staff. Whether or not this policy does flow from religious doctrines – it is really about the purpose of having a Catholic school – it would be best if the legislation made it clear that such a policy was not unlawful.

Christian Schools Australia, undated:

In conjunction with the release of this package of Bills the Government narrowed the Term of Reference of the referral to the Australian Law Reform Commission (ALRC) of the other aspect of the response to the Religious Freedom Review of interest to Christian schools and deferred the timetable for this review. 

While the substance of the ALRC review remains the same it will now do so in the light of the proposed legislation circulated last week. Rather than releasing a Discussion Paper next week it will now release a discussion paper “in early 2020” with the reporting deadline to Government pushed back from April 2020 to 12 December 2020. Although claimed to “reduce confusion for stakeholders” the amended timeline will require the Religious Discrimination Bill and associated legislation to be finalised BEFORE the discussion paper on proposed amendment to the existing amendments are released. 

CSA is concerned that this will not allow appropriate consultation on the complete package of reforms affecting Christian and other faith-based schools. 

We have raised this with the Attorney-General’s office and will continue to advocate for a more coordinated response to both aspects of the whole package.

Australian Human Rights Commission, 27 September 2019: 

However, the Commission is concerned that, in other respects, the Bill would provide protection to religious belief or activity at the expense of other rights. The Bill also includes a number of unique provisions that have no counterpart in other anti-discrimination laws and appear to be designed to address high-profile individual cases. As a matter of principle, the Commission considers that this is not good legislative practice. As a matter of substance, the Commission considers that this may lead to unintended and undesirable consequences. 

The Commission’s main concerns regarding the Bill are as follows. 

First, the scope of the Bill is overly broad in defining who may be a victim of religious discrimination and, arguably, too narrow in defining who may be found to have engaged in religious discrimination. 

Unlike all other Commonwealth discrimination laws, which focus on the rights of natural persons (that is, humans) to be free from discrimination, the Bill provides that claims of religious discrimination may be made by corporations including religious institutions, religious schools, religious charities and religious businesses. This is a significant departure from domestic and international human rights laws which protect only the rights of natural persons. 

At the same time, the Bill provides that ‘religious bodies’—including religious schools, religious charities and other religious bodies—are entirely exempt from engaging in religious discrimination if the discrimination is in good faith and in accordance with their religious doctrines, tenets, beliefs or teachings. This is a wide exemption that undercuts protections against religious discrimination, particularly in the areas of employment and the provision of goods and services, and requires further close examination. 

Secondly, the Bill provides that ‘statements of belief’ that would otherwise contravene Commonwealth, State or Territory anti-discrimination laws are exempt from the operation of those laws. Discriminatory statements of belief, of the kind described in clause 41 of the Bill, whether they amount to racial discrimination, sex discrimination or discrimination on any other ground prohibited by law, will no longer be unlawful. The Commission considers that this overriding of all other Australian discrimination laws is not warranted, sets a concerning precedent, and is inconsistent with the stated objects of the Bill, which recognise the indivisibility and universality of human rights. Instead, this provision seeks to favour one right over all others. 

Thirdly, the Commission is concerned about two deeming provisions that affect the assessment of whether codes of conduct imposed by large employers on their employees, and rules dealing with conscientious objections by medical practitioners, will be considered to be reasonable. Unlike all other Commonwealth discrimination laws, the Bill prejudges the assessment of reasonableness by deeming some specific kinds of conduct not to be reasonable. This means that, in those cases, not all of the potentially relevant circumstances will be taken into account. 

Fourthly, those deeming provisions also have an impact on the ability of employers to decide who they employ. The Bill provides that employers may not decide that compliance with a code of conduct that extends to conduct outside work hours, or with rules dealing with conscientious objection, are an inherent requirement of employment, if they would be unreasonable under clause 8. This means, for example, that the narrow deeming provisions about what is reasonable for organisations with an annual revenue of more than $50 million also has an impact on the decisions by those employers about the conditions they may set with respect to employment. 

These four issues, and a range of others relating to all three Religious Freedom Bills, are dealt with in more detail in the body of the Commission’s submission. In revising the Bill, attention needs to be paid not only to its text, but also to the eventual Explanatory Memorandum. At several points the current Notes provide examples and explanations that suggest a very limited scope for religious organisations to retain their ethos and identity, and conversely an expansive scope for suppression of free speech. It is difficult to reconcile these Notes, at various points, with government policy as expressed by the Prime Minister and Attorney-General. 

Federal Liberal MPs dislike people calling a spade a spade

~~~~~~~~~~

"If the government actually though that calling it robodebt caused more anxiety, they'd have named it that themselves"  [@RichardAOB, 4 October 2019]

~~~~~~~~~~

The Guardian, 4 October 2019:

The Coalition’s controversial debt recovery scheme should not be called robodebt, Liberal MPs say, in part because the phrase is causing anxiety in the community.

A day after the Liberal senator Matt O’Sullivan told the first hearing of a Senate inquiry into the scheme “robodebt” was a “misnomer”, his colleague, Hollie Hughes, admonished representatives from Western Australia’s community legal centres for using the term.

Hughes also told the inquiry on Friday the term robodebt was “a bit of a misnomer, particularly under the current system”.

“And I think using that term is probably creating a bit more anxiety than is required,” Hughes said. “If we’re trying to reduce the anxiety around this, probably not using that term particularly in these sorts of settings would be helpful.”

Despite noting improvements to the program, including increased involvement from Centrelink staff and outreach to affected welfare recipients, the WA legal centres said on Friday that the scheme was still having an adverse impact on vulnerable people.

~~~~~~~~~~

"I actually agree with the politicians saying that ‘robodebt’ is a misnomer... it implies there was actually a debt in the first instance. Maybe ‘robotheft’, ‘robowehatepoorpeople’ or ‘robofuckyou’ would be more appropriate?”  [@LukeLPearson, 4 October 2019]

~~~~~~~~~~

Australia's Reserve Bank addresses financial risks from climate change - a topic which the Morrison Government continues to ignore

The Northern Rivers region of New South Wales has three very valuable natural assets - a coastline with numerous beaches, many unregulated rivers and a predominately rural landscape which is interspersed with large forested tracts of land.

This month the Reserve Bank of Australia reminded us that the financial contribution these assets make to our regional economy are at increasing risk from the impacts of climate change.  

Reserve Bank of Australia, Financial Stability Review – October 2019,
Box C Financial Stability Risks From Climate Change:

Climate change is exposing financial institutions and the financial system more broadly to risks that will rise over time, if not addressed. According to the Intergovernmental Panel on Climate Change (IPCC), it will take significant effort to limit global warming to 1.5°C above pre-industrial levels, as targeted in the Paris Agreement. Even if targets are met, this level of warming is likely to be accompanied by rising sea levels and an increase in the frequency and intensity of extreme weather (including storms, heatwaves and droughts). Some of these outcomes are already apparent (Graph C.1). These changes will create both financial and macroeconomic risks.[1]

This box focusses on the financial risks arising from climate change, particularly for Australian financial institutions. These risks can be classified as either:

* physical: disruptions to economic activity or reductions in asset values resulting from the physical impacts of climate change; 

* transitional: the impact of changes in regulation or pricing introduced to facilitate a transition to a low-carbon economy; or 

*liability: an inadequate response to these risks also raises the potential for reputational and legal risk. 

While climate change is not yet a significant threat to financial stability in Australia, it is becoming increasingly important for investors and institutions to take account of and manage these risks. 

Climate change poses some material risks to Australian financial institutions 

The physical effects of climate change can have a significant impact on Australian financial institutions. As an example, inflation-adjusted insurance claims for natural disasters in the current decade have been more than double those in the previous decade. This impact is likely to grow over time. 

An increase in the frequency and severity of natural disasters will increase the incidence of damage to, or destruction of, physical assets that are insured or used as collateral. Assets that are exposed to increasing physical risk (such as property located in bushfire-prone or coastal areas) could decline in value, particularly if these risks become uninsurable. Climate change could also reduce certain types of business income that is used to service loans. Examples include changing rainfall patterns that result in lower or less predictable income from agriculture, more frequent storms disrupting supply chains and therefore sales, and damage to natural assets that reduces tourism income. 

Insurers are most directly exposed to the physical impacts of climate change. This can arise through natural disaster claims, crop insurance, and health and life insurance. While insurers can increase their premiums to reflect higher risk, it is difficult to accurately price new and uncertain climate risks. If insurers under-price these risks, it could threaten their viability in the event of extreme weather events resulting in very large losses. On the other hand, over-pricing would impede the risk pooling function provided by insurance and unduly limit economic activity. Even if correctly priced, more of these risks may become uninsurable, forcing households, businesses or governments to bear this risk. 

Banks (and other lenders) are also exposed to physical risks because climate change can result in a decline in the income or value of collateral that they are lending against. Such effects can go beyond the industries directly affected by climate change (such as agriculture and tourism), to the households and businesses that rely on income from those industries. 

Australian financial institutions that have exposure to carbon-intensive industries – such as power generation and mining, or to energy-intensive firms – will also be exposed to transition risk. 

Transition to a lower carbon economy can also affect institutions with exposures to individuals and communities reliant on these industries. Sudden or unexpected regulatory change could quickly lower the value of such assets or businesses, some of which may become economically unviable or ‘stranded’. Such regulatory changes could either be domestic or come from abroad, given the carbon intensity of Australia's exports. Transition risk could also arise if large investment in technologies allowed new entrants to displace established but emissions-intensive practices, or if consumer preferences shifted rapidly towards ‘green’ products. If such changes occur abruptly, and certain sectors or firms face large losses, there could be broader dislocation in financial markets, despite the opportunities created for some firms from these changes. Transition risk will be greatest for banks that lend to firms in carbon-intensive industries and to individuals or businesses that are reliant on these firms. Other financial institutions investing in carbon-intensive industries, such as superannuation and investment funds, are also exposed to the risk that climate change will diminish the value of their investments. This could occur both through direct investments in carbon-intensive industries, or indirect investments in banks that lend to these industries. 

Financial institutions may also face reputational damage if they are seen to be contributing to climate change or failing to manage climate risks. This could affect an institution's ability to retain customers and raise funding. Firms also face legal risks if directors fail to address the potential exposure of their firms to climate-related risks, according to the Hutley opinion (a landmark legal opinion on directors' duties in relation to climate change under Australian law).[2]

Climate risks are challenging to manage and there are significant data gaps.

Australian financial institutions have become increasingly aware of the financial nature of climate risks and are taking steps to assess and manage their exposure to physical and transition risks. But it is difficult to map the impacts of climate change to changes in asset values and financial losses. The risks from climate change are particularly difficult to assess because of their long-term nature and complexity. These risks involve a great deal of uncertainty due to unknown future policy responses and the possibility that feedback loops and tipping points may lead to greater and/or more rapid physical impacts than is currently expected. Climate risks also have the potential to be correlated across regions, requiring institutions to reassess the benefits from geographical diversification.

Read the remainder of this section here.

Australian Politics 2018 to 2019: as good an explanation as any

This is an excerpt from a version of the speech delivered by RMIT University Adjunct Professor Barrie Cassidy at the Capitol on 3 October 2019:

Consider this. The Labor Party in Australia has now won a 
majority of seats in the House of Representatives, where 
governments are made and unmade, a majority just once in 
the last 26 years. Once since Paul Keating won the 1993 
election. That once was Kevin Rudd in 2007. Julia Gillard 
didn’t do it. She won minority government only. And in May 
Labor failed again. Not against well-established Liberal Party 
heavyweights like John Howard and Peter Costello – but 
they lost to a government led by Scott Morrison, a 
government that Morrison himself described as ‘The Muppet 
Show’. And a government that lost so much talent from its 
front bench when so many moderates simply couldn’t go 
on any longer. 

So why? What happened? What’s going on? 

So much of went wrong for Labor is only transparently 
obvious after the event. But it’s obvious just the same. First 
and foremost, their agenda was too ambitious – too cluttered. 
Kevin Rudd won with a single-minded attack on work choices. 
Paul Keating with an attack on John Hewson’s Fightback 
document, Bob Hawke with a non-specific promise of bringing 
Australia together. 

Labor this time had a myriad of policy and political approaches. 
A combination of poor planning and poor salesmanship led to 
hundreds and thousands of people who will never see a 
franking credit in their lives, fearing they were about to lose 
something. Fearing it to such an extent that, faced with a blunt 
choice – franking credits or increased childcare benefits – they 
chose the franking credits. 

Now franking credits are unsustainable and at some stage 
something will have to give; the numbers in just a few short 
years from now will be compelling. The cost will grow 
exponentially. There will have to be at the very least a trimming 
of the benefits.

But having said that, it wasn’t sensible to go so hard right off 
the bat at the problem, and it wasn’t sensible to put the policy 
out so far ahead of time. It went out in isolation from the upside
 – the benefit to community – the revenue … the money that 
would then flow to other priorities. 

Here’s the evidence for that. The Age and the Sydney Morning 
Herald, to their credit, put out these numbers themselves. They 
surveyed their own papers and what did they find? The dental 
plan that was to be paid for with the franking credits policy – 
that got 10 mentions; the cancer funding, virtually free cancer 
treatment for older Australians – that got 21 mentions. 
Franking credits ... 700. 

That’s how big a start that issue – the negative issue – got over 
the positive. 

Same with negative gearing. It wasn’t just the policy shift – but 
what in their minds it represented. 

To so many it was an illustration of Labor’s inability to manage 
the economy; to threaten economic welfare. 

A huge lesson: you can’t take anything away from people 
without a very good reason. If it’s hard to explain then it’s easy 
to exploit. But more than that, the policies left Labor exposed to 
a government campaign built around higher taxes. They built a 
fear that taxes would go up across the board, to such an extent 
that an internet-led scare campaign around death taxes even 
got traction. 

In retrospect, Labor would have been better off running a far 
narrower campaign built around climate change and wages. 
The rest could have waited until after the election. That is not 
to say Labor should be forever gun-shy: too timid now to 
address long-term budgetary problems that negative gearing 
and franking credits represents. They should not be gun-shy. 

As I said, those issues will have to be dealt with, by either a 
Labor or a coalition government. But more gradually, certainly 
initially impacting on fewer people. 

But what we are seeing right now is a Labor Party knocked 
about by a shock loss and in real danger of overreacting … 
ready to abandon so much; a party that now seems hesitant to 
take on the government even on some of the bigger issues. 

Herein lies the dilemma now for Labor. Research has shown 
that at the last election – if that election had just been held in 
Victoria, NSW and the ACT – Labor would have won 48 seats 
to 37. That’s probably not surprising. But throw in SA, 
Tasmania and the NT – a large part of the country – and Labor 
still wins 57 seats to 43. Now add the capital cities of Brisbane 
and Perth – still Labor by 67 seats to 54. That only leaves the 
rural and regional seats of Queensland and WA: but there are 
a lot of them. 25 in fact – and 23 of those went to the Coalition. 
That put the Coalition comfortably in front. 

Now I’m not suggesting in any way that skewers the result. It 
doesn’t. The people in those rural areas are Australians too. 
Their vote counts in the same way as those in the capital cities. 
The point though is this. That demographic carried it for the 
Coalition. The rest of the country voted marginally Labor. 

So how does Labor deal with that? What do you say to 
Queenslanders? I recall 30 years ago saying to Bob Hawke: 
I’ve noticed when you’re in WA you remind people that you 
were educated there; when you’re in SA you remind them that’s 
where you were born; when you’re in Victoria you talk about 
your ACTU days; and now as PM you spend most of your time 
in NSW. What are you going to say to Queenslanders? And 
he said with a twinkle in his eye. I could tell them that’s where 
I’ll retire! 

But the serious dilemma now for Labor is essentially this. 
Do they abandon policies because regional Queensland hates 
those policies? Do they appease Pauline Hanson and her ilk? 

Do they make compromises simply aimed at winning back a 
share of that vote? Do they appease the regions of Queensland 
but in the process risk looking and sounding wishywashy in 
other parts of Australia? 

One answer surely is to be true to yourself. Back yourself to 
grow the vote in the rest of Australia; without abandoning 
Queensland altogether. Sort out what you stand for and be 
resolute behind those values. 

Labor lost the last election, sure, but by and large they died 
on their feet. If they’re not careful they’ll over analyse and die 
on their knees at the next one.

Read the full speech here.