A conga line of #COVIDIOTS - Part 3

NSW Police, News, 12 August 2020:

• A 23-year-old man was issued a $1000 PIN by officers from Murray River Police District after attempting to enter NSW for the third time without a valid permit.

• A 65-year-old man was issued a $1000 PIN by officers from Barrier Police District after continuing through the Buronga border checkpoint despite being denied entry due to not having a valid permit.

• A 58-year-old man was issued a $1000 PIN by officers from Murray River Police District after entering NSW without a valid permit. The man was stopped on the Hume Highway at Woomargama for the purposes of a Random Breath Test yesterday (Tuesday 11 August 2020). When spoken to by officers, he produced a Victorian licence and an invalid NSW border entry permit. He was issued a $1000 PIN, directed to leave NSW and escorted back to the Victorian border.

What little Koala habitat remaining in NSW is being logged right now

https://youtu.be/3JKA5ZoRDD4

NatureConservation Council (NSW),10 August 2020:

Wildlife rescuer and arborist Kailas Wild shows us evidence of koalas in the middle of a logging operation in the Lower Bucca State Forest on the NSW North Coast.

The bushfires burnt over 2 million hectares of koala habitat and yet the state-owned logging agency Forestry Corporation is right now cutting down unburnt forests that koalas call home.

The NSW Government has the power to stop this destruction. We need to create a groundswell of support for protecting koala habitat. If more people know this destruction is happening and raise their voices in protest, we can work together to ensure our koalas are not forgotten.

Take a stand for koalas. Sign the petition to call on Premier Berejiklian to stop logging now.

NSW Police and racism in the ranks

The Sydney Morning Herald, 11 August 2020:

Jane Williams was at work, half an hour’s drive from her home in Coraki on the North Coast of NSW, in April 2016 when she got a phone call to say the police had picked up her eight-year-old son for throwing rocks at a car with his cousins.

She raced home in a panic, to find no one knew her son’s whereabouts.

Police said he had been taken to his aunty’s place, but there was no sign of him. Her own house was empty.

Williams rushed to the police station to demand answers, only to be told the officer involved had been called to another job. The officer at the station made a phone call to get to the bottom of it.

"He got on the phone and I just knew from the expression,” Williams says.

The officer rushed outside and found the boy in the back of the police truck, where he’d been left unattended for up to two hours.

“I couldn't believe my eyes," Williams says. "My baby ... his cheeks were that red. It was painful to look at him like that."

With the assistance of Grafton lawyer Joe Fahey, the mother-of-two sued NSW Police for damages last year, resulting in an undisclosed settlement.

Months after the incident, according to court documents, the officer who’d picked up her son pulled her over while driving and asked: “You sure you haven’t got anybody in that boot Jane?”

She says the comment was intended to make her feel hurt, shame and embarrassment.

Four years on, Williams says her son is still distrustful of police.

The Black Lives Matter movement has put a spotlight on interactions between Indigenous Australians and the criminal justice system. In the first of a three-part series this month, the Herald examines how these interactions play out in the Northern Rivers of NSW, beginning with the relationship between Aboriginal people and police.

The investigation found allegations of police misconduct from former officers, while a Herald analysis of data obtained under freedom of information laws suggests the police force is struggling to retain Indigenous officers across regional NSW. Despite increasing recruit numbers there are more Indigenous officers leaving, too, which has stalled the proportion of Indigenous operational officers in regional areas at around 1 per cent - or 183 people in a statewide workforce of 17,111.

Fahey says he has handled “easily 30 or 40” cases where Aboriginal clients have successfully sued the police over the past four to five years, mainly for wrongful arrests and related assaults in the towns of Grafton, Coffs Harbour and Casino, with the odd case from Moree or Sydney…. 

A Herald analysis of police data found officers in northern NSW recorded using force, such as restraints and holds, more often than anywhere else in the state during random breath tests from 2014 to 2018. 

 In the same period, officers in the Coffs/Clarence district used force against people charged with offensive language 147 times over the five years - the fourth-highest occurrence in the state.... 

Read full article here.

The Sydney Morning Herald, 16 June 2020:

An Aboriginal teenager is suing the state of NSW, alleging that he was assaulted by police in an incident caught on video, which appears to show an officer striking the boy in the head as he was walking home at night in Casino last year.

A statement of claim filed in the Lismore district court described the alleged incident as "abhorrent and racist" and an "oppressive abuse of police powers"....

The Bundjalung teenager, then 17, claims he was walking home at around 12.30am last September in the Northern Rivers town of Casino when he was approached by three police officers.

The recording that emerged shortly after the incident shows police following him for about half a block and then surrounding him and questioning the teenager, who can be heard repeatedly saying "I'm going home."

One officer, who the boy's lawyers allege in the statement of claim to be Senior Constable Benjamin David Chivers, appears to shove the boy in the chest as he attempts to walk away.

Another officer puts their hand on the boy's arm and the boy appears to push his hand away.

The first officer then strikes the boy in the head, knocking his hat off. After police are alerted that the incident is being filmed, the first officer begins asking the boy, "Why'd you have a swing at him?", gesturing to his fellow officer.

The boy replies he didn't "take a swing".

The statement of claim alleges: "Police officers targeted an Aboriginal boy, for no reason whatsoever, and then proceeded to degrade and humiliate him in the most cynical way."

It accuses the officers of acting "in stark indifference" to their duties as guardians.

"The conduct complained of demonstrates a failure by the Richmond Local Area Command to properly train, discipline and educate its police officers to prevent them from racially vilifying young Aboriginal males in the Casino area," the statement says.....

https://youtu.be/R3n9DAIvF7o

Rous County Council extends deadline to comment on proposed Dunoon/Channon dam until 9 September 2020

Proposed Dunoon Dam site. Google Earth overlay. Image: Echo NetDaily, 14 July 2020 

In July 2020 Rous County Council announced the proposed Future Water Project 2060 – a $245 million plan the county council states will future-proof the community’s drinking water supplies.

The revival of the concept of a second dam on Rocky Creek, near Dunoon, sparked debate across the Northern Rivers and the Dunoon Dam Proposal Action Group was formed.

Local of 25 years Carol Shipard founded the Dunoon Dam Proposal Action Group after being involved in successful protests to ward off unconventional gas at Bentley. She’s concerned about the impacts on the area below Whian Whian Falls and on indigenous cultural sites,including a burial ground, and many endangered species of flora and fauna.

The Daily Telegraph, 11 August 2020, p.11:

A community group opposed to a possible dam in Dunoon have continued their push to raise public awareness surrounding the issue.

The proposed 50 gigalitre Dunoon Dam is part of Rous County Council’s Future Water Project 2060 but has caused controversy, with the group concerned about the project’s impacts on sacred Aboriginal sites and The Channon gorge.

The group held a stall at The Channon Markets on Sunday — the first time they held an official activity against what they describe a “destructive dam”.

“People need to be aware that it’s happening here, it’s like (800m) from the bridge near here,” group member Terri Nicholson said.

The group is urging Rous County Council to investigate alternative water conservation methods.

“Some of the alternatives are strong demand management, use purified, recycled water, water tanks to name a few,” Ms Nicholson said.

On Friday, the proposal’s submission timeline was extended until September 9 by Rous County Council for the public to have their say.

Details on where to send a submission can be found here.

Clarence Valley & Lismore City were recognised for their achievements at NSW Local Government Week 2020

Last week was NSW Local Government Week 2020.

Clarence Valley and Lismore City councils received recognition.

Excellence in Communication - Division B - population between 30,000 and 70,000: 

Winner Clarence Valley Council 
Communicating in Recovery 

Judges' comment 

Outstanding. An amazing example of innovative and responsive best practice that is informed by the community and also specialised sources such as Red Cross and NY post 9/11. As someone who was directly impacted by bushfires last summer and is involved in community led recovery, this is a fantastic example of how to implement a disaster recovery engagement plan within existing resources. 

Excellence in Leadership Award - Division B - Outstanding Individual Contribution: 

Highly Commended Clarence Valley Council 

Des Shroder for Strong Leadership in times of Crises 

Judges' comment 

Des demonstrated leadership in dealing with the important issue of high youth suicide in the area; he proactively sought solutions to improve the mental health and well-being of the community and his hard work and commitment facilitated delivery of important services to provide for the needs of young people.

Innovation in Special Events - Division B - population between 30,000 and 70,000: 

Highly Commended Clarence Valley Council 
Introduction to Surf Safety for non-English Speakers 

 Projects - Division B - population between 30,000 and 70,000: 

Highly Commended Lismore City Council 
Dungarimba Wandarahn (Lismore place of learning)

A conga line of #COVIDIOTS - Part 2

NSW Police, Latest News, 5-7 August 2020:

Border checkpoint police arrest man trying to cross in stolen ute

A man has been charged after police at a border checkpoint at Albury discovered he was trying to cross into NSW driving a stolen ute.

NSW Police manning the checkpoint stopped the utility on the Hume Highway at Albury about 7am today (Wednesday 5 August 2020).

The 27-year-old driver was unable to produce permits or ID, and further checks revealed the ute had been reported stolen from a business in West Melbourne yesterday (Tuesday 4 August 2020).

The man was arrested and was taken to Albury Police Station where he was charged three offences

• Receive property stolen outside NSW

• Not comply with noticed direction – COVID-19, and,

• Drive conveyance taken without consent of owner.

The man, of no fixed address, appeared in Albury Local Court today, where he was refused bail to re-appear in the same court on Friday 11 September 2020.

Girl charged with spitting at police and two women issued PINs in latest alleged breaches of Public Health Orders

A teenager has been charged after allegedly spitting on police, and two people have been issued with Penalty Infringement Notices for alleged breaches of COVID-19 Public Health Orders in the past 24 hours.

In the first incident, about 2.30pm yesterday (Thursday 6 August 2020), police spoke with a 15-year-old girl at a shopping centre in Blacktown and ascertained she was in breach of her bail conditions.

As police arrested the girl, it is alleged she assaulted police by kicking and punching, as well as spitting in the face of an officer.

She was taken to Blacktown Police Station and charged with two counts of assault police in execution of duty, resist officer in execution of duty, and not comply noticed direction re spitting/coughing - COVID-19.

The teen was refused bail and is due to appear before a children’s court today (Friday 7 August 2020).

Meanwhile, on Saturday (1 August 2020), a 31-year-old woman was stopped at a border checkpoint in Albury and presented a permit allowing her entry to NSW, under the provision that she was to self-isolate for 14 days at a Nimbin address.

Subsequent checks revealed the woman was not staying at the address, and following inquiries, police found her yesterday (Thursday 6 August 2020) in a vehicle at Nabiac. She was issued with a $1000 PIN for not complying with a noticed direction and instructed to return to Victoria.

In an unrelated incident, just before 1pm yesterday (Thursday 6 August 2020), police were conducting a walk-through at a licensed premise in Albury, when they spoke with a 50-year-old woman who was playing a gaming machine.

The woman produced a Victorian licence and a permit allowing cross-border travel for work purposes only.

She was issued with a $1000 PIN and removed from the club, to return to Victoria.

Police continue to appeal to the community to report suspected breaches of any ministerial direction or behaviour which may impact on the health and safety of the community.

Qld Police, News, 5 August 2020:

Police take action after border breaches 

A man and woman in their 60s are among several people police will allege entered Queensland after falsely declaring they had not travelled to a COVID-19 hotspot.

Police detained the couple in Nanango yesterday after receiving information that they had allegedly travelled through the Goondiwindi police checkpoint with false declarations on July 27.

The 63-year-old man and 68-year-old woman were issued with notices to appear in the Richlands Magistrates Court on August 19 for failing to comply with the Queensland Border Direction and fraud.

They have been placed into mandatory hotel quarantine outside the South Burnett area.

In a separate matter, a 22-year-old Weipa man was issued with an infringement notice for failing to comply with the Queensland Border Direction after being intercepted in Cairns Airport yesterday.

Police will allege the man flew into Queensland from Canberra and failed to declare he had been in Sydney, a COVID-19 hotspot, on August 2. He was immediately placed into hotel quarantine.

Queensland’s border restrictions mean people who have been in a COVID-19 hotspot within the last 14 days will be turned away at the state’s border.

Queensland residents who have been in a COVID-19 hotspot can return home but will be required to quarantine in government provided accommodation at their expense.

The Queensland Police Service is committed to ensuring everyone complies with public health directions and will continue to enforce restrictions at the border.

Since July 10, 12 people have been issued with notices to appear in court while 24 people have been issued with infringement notices for providing false information on their border declaration pass…..

Realising he had been too clever by half, #ScottyFromMarketing withdraws from WA court case

In which Australian Prime Minister and MP for Cook Scott Morrison tries to pretend he was never involved in the decision to support Clive Palmer's attempts to force Western Australia to open its state borders during a surging global pandemic which has already seen over 20,000 Australians infected and nationally 266 people dead.

WAtoday, 7 August 2020:

Western Australia's Solicitor-General claims the Commonwealth’s eleventh-hour withdrawal from Clive Palmer's legal challenge to WA’s hard border has created "an egg that must now be unscrambled". 

During submissions in the Federal Court on Friday, Solicitor-General Joshua Thomson SC made an application for the July trial to be vacated and a new trial granted without the Commonwealth’s evidence. 

"It’s a most unusual situation where you have an intervention by somebody, in this case the Commonwealth, which in effect sends them to the field of battle, it goes in and has that battle and then seeks to withdraw from the field of battle," he said. 

"What you are left with is a mixed up trail of evidence." Mr Thomson himself is currently adhering to WA’s hard border policy, making his application via video-link from his home while in self-isolation. 

At one point during his submissions he received a phone call from police checking up on his quarantine and referred to the situation as like being in prison. 

Mr Palmer’s lawyer Peter Dunning argued the WA government "didn’t own" the witness evidence given by the Commonwealth in trial, and that it would be improper for the entire proceedings to fall over because one party had lost interest due to "political" pressures. 

"It is one thing for the Prime Minister to agree with another leader for political reasons to abandon something, that arm of government is perfectly entitled to be engaged by those considerations, but it is quite inappropriate for a Federal Court to do so," he said. 

"It doesn’t mean the proceedings collapse if there are still main parties interested in the outcome. 

"What brings proceedings to an end is if there ceases to be a genuine contest." 

Mr Dunning said the witnesses in the trial were the "court’s witnesses" and could be recalled or subpoenaed in a retrial by Mr Palmer if required. 

The Commonwealth intervened in Mr Palmer’s legal bid to have WA’s hard border torn down and in effect became a "co-plaintiff", with both parties claiming the state’s all-or-nothing approach to reopening was unconstitutional. 

During a four-day trial heard in the Federal Court in late July, the Commonwealth produced evidence from two public health experts, Professor Peter Collignon and Professor Tony Blakely, cross-examined other expert witnesses and submitted reports. 

WA enlisted its Chief Health Officer Andrew Robertson and Associate Professor Kamalini Lokuge as its witnesses, while Mr Palmer relied on the evidence of Associate Professor Sanjaya Senanayake. 

Mr Thomson said that due to the nature of the combined expert witness evidence being heard throughout the trial, the entire proceedings ought to be disregarded as they disadvantaged the state. 

Commonwealth Solicitor-General Stephen Donaghue QC said since the Commonwealth withdrew its interest the day after the trial, it was not appropriate it make any further submissions on whether or not the evidence it adduced be considered in the High Court other than to say it no longer relied on it. 

It follows comments made by Prime Minister Scott Morrison on Radio 6PR on Thursday that his government wished the legal action had never been brought in the first place. 

"I'm pleased we're out of it," he said. 

"We've got no issue with [the proceedings] being redone or restarted ... we don't have any objection to that." 

During the hearing, Judge Darryl Rangiah blasted Mr Donaghue after the Federal Court became aware of its withdrawal from the case through the media, with an application to the court not made for a further three days. 

"Was it more important to notify the media before this court?" he asked, arguing Friday’s case management hearing should have been listed for Monday given the urgent nature of the application. 

Premier Mark McGowan, in response to the hearing on Friday, said he would have preferred the Commonwealth had actively supported WA's application for a retrial. 

"The Commonwealth has withdrawn from the case but unfortunately did not support Western Australia's application to have the case struck out," he said. 

"With or without the support of the Commonwealth government, WA will keep fighting for what is our right and that is to protect the citizens of this state. We will continue our battle, in fact, our war with Clive Palmer." 

Following the four-day trial between Mr Palmer and the State of Western Australia in July, the Federal Court adjourned to determine the facts of the case. 

The matter is then due to go to the High Court for determination of whether or not they were constitutional, which is touted to occur from September.....
[my yellow highlighting]

BACKGROUND

The Australian, 3 August 2020, p.4:

Mining magnate Clive Palmer has “thanked” Scott Morrison for contributing to his court bid to dismantle Western Australia’s hard COVID-19 border and says the federal government has played its part in his case, despite the Prime Minister pulling his support. 

Mr Morrison wrote to West Australian Premier Mark McGowan at the weekend to end federal co-operation with a High Court bid to remove the hard ­border, saying he wanted to work with the Labor leader to reach a ­compromise. 

Federal officials have already testified on Mr Palmer’s case in front of the Federal Court last week, presenting facts to show there were alternatives to the border closure. 

Mr Palmer on Sunday said the federal contribution to the case would still help determine whether he won his fight to overturn the closure. 

“The important issue in this case is revealing the truth that the experts from the commonwealth and WA governments had to say in court,” Mr Palmer said. 

“In the coming weeks, the Federal Court will make their determination on the facts and all Australians will be better for that decision.” 

Mr Morrison’s move to withdraw backing for Mr Palmer’s bid came days after he said he had ­serious constitutional concerns about Mr McGowan’s internal border closure, which is hailed by the Premier as the key to WA’s success in eliminating COVID-19. 

Both WA and federal bureaucrats testified in front of the Federal Court to lay out the facts around the state’s border closure and the constitutional issues, ­before legal arguments started. 

University of Sydney law professor Anne Twomey said on ­Sunday Mr Morrison’s move was political and would not stop federal evidence playing a role in the ultimate decision on Mr Palmer’s bid. 

“The commonwealth has already contributed on the critical issue over whether these laws are reasonably necessary to protect public health … it’s already played its major role,” she said.

Townsville Bulletin, 3 August 2020:

The border closure to all states, regardless of their level of infection, is hugely popular in WA. 

Queensland Premier Annastacia Palaszczuk criticised Mr Palmer for his legal challenge to state border closures, saying it could put at risk “all the hard work we have done”. 

“Honestly, these legal challenges are ridiculous during this time,” she said. 

“Everybody should respect that states have a job to do to protect their families and not go through the courts and do these legal challenges, putting everything at risk because that’s what will happen. It will put all the hard work that we have done at risk.”

Christian Porter and the Morrison Government threw everything but the kitchen sink at @MarkMcGowanMP and Western Australia in support of Clive Palmer’s border challenge.
Just look at this list. What will the Morrison Government do to fix the damage it has already done? pic.twitter.com/F3bTE0wAOF

— Mark Dreyfus (@markdreyfusQCMP) August 5, 2020