Tomorrow, 18 October 2021 at 10am Operation Keppel public hearings begin into the conduct of former Premier & not yet retired Member for Willoughby, Gladys Berejiklian

Gladys Berejiklian
IMAGE: news.com.au

 

NSW Independent Commission Against Corruption (ICAC), media release, 1 October 2021:

The NSW Independent Commission Against Corruption (ICAC) will hold a further public inquiry in Operation Keppel from 10:00 am on Monday 18 October 2021.

The Commission is investigating whether, between 2012 and 2018, the Hon Gladys Berejiklian MP engaged in conduct that:

• constituted or involved a breach of public trust by exercising public functions in circumstances where she was in a position of conflict between her public duties and her private interest as a person who was in a personal relationship with the then NSW Member of Parliament, Mr Daryl Maguire, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; and grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or

• constituted or involved the partial exercise of any of her official functions, in connection with: grant funding promised and/or awarded to the Australian Clay Target Association Inc in 2016/2017; grant funding promised and/or awarded to the Riverina Conservatorium of Music in Wagga Wagga in 2018; and/or

• constituted or involved the dishonest or partial exercise of any of her official functions and/or a breach of public trust by refusing to exercise her duty pursuant to section 11 of the Independent Commission Against Corruption Act 1988 to report any matter that she suspected on reasonable grounds concerned or may concern corrupt conduct in relation to the conduct of Mr Daryl Maguire; and/or

• was liable to allow or encourage the occurrence of corrupt conduct by Mr Maguire.

The Commission is also investigating whether, between 2012 and August 2018, Mr Maguire engaged in conduct that involved a breach of public trust by using his public office, involving his duties as a member of the NSW Parliament, and the use of parliamentary resources, to improperly gain a benefit for himself, G8wayInternational/G8wayInternational Pty Ltd and associated persons.

The general scope and purpose of the public inquiry is to gather evidence relevant to the matters being investigated for the purpose of determining the matters referred to in section 13(2) of the ICAC Act.

The Commission has decided that public inquiries will be conducted, as far as practicable, remotely via audio visual link (AVL) until there is a change in the current COVID-19 public health orders. Only those whose presence on Commission premises is deemed essential for the effective conduct of the public inquiry will be permitted on-site. Members of the public and the media will therefore not be permitted to attend the premises for the course of the Operation Keppel public inquiry. There is further information in the public inquiry protocol on the Commission’s website.

MS Teams is the AVL technology that the Commission will use to conduct the public inquiry remotely. The Commission will live stream the MS Teams proceedings via its website, www.icac.nsw.gov.au. The Commission will also upload exhibits (provided they are not subject to non-publication orders), transcripts and witness lists to the website. Updates will be provided throughout the course of the inquiry via the ICAC Twitter account (@nswicac).

Assistant Commissioner the Hon Ruth McColl AO SC will preside at the public inquiry. Counsel Assisting the Commission will be Mr Scott Robertson and Mr Alex Brown.

It is expected that the inquiry will continue for approximately 10 days. A witness list for the first week of the public inquiry will be published closer to the commencement date of the proceedings, along with further information about how to access the live stream. The Commission will also advise if there are changes to the public health orders that may affect the conduct of the inquiry.

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OPERATION KEPPEL PUBLIC INQUIRY COMMENCING 18 OCTOBER 2021: WITNESS LIST as of 14 October 2021:

Monday 18 October

Michael Toohey (Current Director, Office of Sport, Greater Sydney Area, NSW)

Tuesday 19 October

Paul Doorn (Current CEO NSW Rugby Union & NSW Waratahs)

Wednesday 20 October

Nigel Blunden (Current Head of Government Affairs – HammondCare & Scott Morrison’s ‘captain's pick' in July 21 to help promote the national vaccination program rollout]

Mike Baird (Current CEO HammondCare & former NSW Liberal Premier from 17 Apr 2014 to 23 Jan 2017)

Thursday 21 October

Chris Hanger (Deputy Secretary, Public Works Advisory and Regional Development Group in the Department of Regional NSW)

Friday 22 October

Stuart Ayres (Current Liberal Member for Penrith, Deputy Leader of the NSW Parliamentary Liberal Party, Minister for Jobs, Investment, Tourism and Western Sydney & Minister for Industry and Trade - previously NSW Minister for Sport 2017-2019 & Minister for Police & Emergency Services 2017-2019). Member of the NSW Government COVID-19 crisis committee)

Gary Barnes (Secretary for the Department of Regional NSW)

Records of ICAC Operation Keppel proceeding commenced in 2020

Former NSW MP for Wagga Wagga – allegations concerning breach of public trust to improperly gain a benefit (Operation Keppel) at https://www.icac.nsw.gov.au/investigations/current-investigations/2020/former-nsw-mp-for-wagga-wagga-operation-keppel/former-nsw-mp-for-wagga-wagga-allegations-concerning-breach-of-public-trust-to-improperly-gain-a-benefit-operation-keppel

Cartoons of the Week

 

Alan Moir

Cathy Wilcox

David Rowe

Headline of the Week

 

“The frenetic fan dance of the fools tells us the Coalition has reached crunch time on climate” [The Guardian, 9 October 2021]

Morrison Government seeks to reopen Love v Commonwealth of Australia in High Court seeking reversal of a February 2020 judgment which found Aboriginal Australians, even when born outside Commonwealth borders, are not aliens under the Constitution and cannot be deported

 

The Guardian, 14 October 2021: 

The federal government is seeking to overturn a landmark high court decision that deemed Aboriginal Australians cannot be aliens and cannot be deported. 

The Love and Thoms ruling in February 2020 ranks as the high court’s most significant constitutional decision in recent years, with the narrow four-to-three judgment prompting Coalition conservatives to publicly lobby for black-letter judges to be appointed. 

 Just a year and a half later, the commonwealth has revealed it wants the precedent to be overturned after a New Zealand man tried to fight deportation using the Love and Thoms precedent..... 

 In June 2020 Amanda Stoker, now the assistant attorney general, noted in a research paper that given the two retirements “there is a significant possibility that a reconstituted bench would reconsider the decision in the event of challenge”. In its submissions, the commonwealth revealed that the immigration minister, Alex Hawke, and home affairs minister, Karen Andrews, will seek leave “to the extent necessary, to argue that Love was wrongly decided”..... 

 [High Court Justice] Keane said it would be difficult for the high court to hear the case in 2021, given the number of cases already delayed by Covid. Keane agreed to remove the constitutional aspects of the case to the high court, giving interveners until 22 November to join the case, likely to be heard in the new year.

Read the full article here.

A southern low pressure system and a La Niña ALERT are not warmly welcomed news for the NSW North Coast, as it's possible some heavy rain events could occur between now and January 2022

 

Ch 9 News on 13 October 2021 reported; Meteorologists warn a "beast from the south" will produce a dangerous mix of heavy rain, severe thunderstorms, damaging winds, hail and snow over Australia's south-east as a week of spring wet weather continues.

Coastal catchments with much of their historical and ongoing development situated on floodplains are particularly vulnerable when a climate driver triggers prolonged or frequent heavy rainfall events, as widespread or flash flooding can result. Property damage, stock & crop losses may occur and, sometimes the deaths of people caught in flood waters. 

Similarly low pressure systems can batter coastal catchments.

WeatherZone tweeted this.....

Here is the forecast accumulated rain over the next four days. 🌧

Flood watches have been issued in TAS and VIC, where some places could see more than 100mm by Sunday. Localised flooding is also likely in NSW and QLD from severe storms, especially on Thursday. pic.twitter.com/sVfxdgoCNU

— Ben Domensino (@Ben_Domensino) October 13, 2021

This was the Australian Bureau of Meteorology (BOM), on 12 October 2021:

The Bureau's ENSO Outlook has been raised to La Niña ALERT. This is due to continued cooling in the tropical Pacific Ocean and an increase in the number of climate models showing sustained La Niña conditions over summer. Historically, when La Niña ALERT criteria have been met, La Niña has subsequently developed around 70% of the time. A 70% chance of an event is approximately triple the normal likelihood. La Niña events increase the chances of above-average rainfall for northern and eastern Australia during spring and summer.

Most oceanic and atmospheric indicators of ENSO are currently within the ENSO-neutral range, but some have shifted towards a La Niña-like state. Sea surface temperatures in the central tropical Pacific Ocean are neutral, but have cooled over the past three months and are supported by cooler than average waters beneath the surface. Some atmospheric indicators, such as the Southern Oscillation Index (SOI) and cloudiness near the Date Line, are approaching La Niña levels. Six of the seven international climate models surveyed by the Bureau meet La Niña criteria from November.

A weak negative Indian Ocean Dipole (IOD) event continues. Most models suggest the negative IOD event will ease to neutral levels in late spring. A negative IOD increases the chances of above-average spring rainfall for much of southern and eastern Australia, while a neutral IOD has little influence on Australian climate.

The Madden–Julian Oscillation (MJO) has been active over the Maritime Continent since late September. The MJO is forecast to progress eastwards over the coming week and weaken as it approaches the western Pacific. While the MJO is over the Maritime Continent region, it encourages enhanced rainfall over the tropics to the north of Australia.

The Southern Annular Mode (SAM) index has been neutral for the past week after 5 to 6 weeks at positive levels. While it is forecast to remain neutral for the coming week, it is expected to return to generally positive levels from October to December. A positive SAM during spring typically brings wetter weather to eastern parts of Australia, but drier than average conditions for western Tasmania.

Climate change continues to influence Australian and global climate. Australia's climate has warmed by around 1.44 °C for the 1910–2019 period. Rainfall across northern Australia during its wet season (October–April) has increased since the late 1990s. In recent decades there has been a trend towards a greater proportion of rainfall from high intensity short duration rainfall events, especially across northern Australia.......

The El Niño–Southern Oscillation (ENSO) is currently neutral.

However, all of the seven international climate models surveyed by the Bureau anticipate further cooling of tropical Pacific sea surface temperatures. All models surveyed indicate La Niña thresholds may be met during November. Six of the seven models indicate this cooling will be sustained at La Niña levels until at least January 2022—long enough to meet minimum La Niña event criteria (i.e. at least three months). Four models continue the event into February, but by March only two models continue to meet the threshold.

La Niña typically enhances spring rainfall in northern and eastern Australia.

BACKGROUND

“Major floods frequently isolate towns, and can cause death, major disruptions to road and rail links, the evacuation of many houses and business premises, and the widespread flooding of farmland…..

As we are specifically concerned with major flooding near the coast, we consider a flood to be major if (i) it causes inundation of a river within approximately 50 km of the coast or (ii) if there is non-riverine flooding overland near the coast, from the active part of a weather system, that extends at least 20 km along the coast. In (i) extreme rainfall extends well into the hinterland and the upper reaches of the river catchments, causing a flood that drains down the river systems to coastal areas. In (ii) extreme rainfall is confined to the coast and floods form directly over the coastal area rather than propagating down the river systems. At major coastal centres there are official river height records that determine whether a flood meets the major level or not, and we have used this data available.” [ResearhGate, Callaghan J & Scott, S in Australian Meteorological and Oceanographic Journal 64(3):183-21 DOI:10.22499/2.6403.002]

On Australia’s eastern shores East Coast Lows are also often a trigger for heavy rainfall and widespread flooding. Sea surface temperature gradients associated with the warm eddies of the East Australian Current are an important contributor to the development of the lows.

650 South Grafton Primary School children along with their teachers and support staff enter their fifth day of self-isolation as COVID-19 infection grows in the school community

"all will be given to those who strive"
approximate translation 

At 9am on Tuesday 5 October 2021 around 650 children from Kindergarten to Year 6, along with at least 31 teachers and numerous support staff, commenced Term 4 at the 154 year old split campus South Grafton Public School, under Level 3 (regional schools) COVID-19 settings.

At around 11am that same day, almost casually, NSW Health announced that 4 cases of locally acquired COVID-19 infection had been discovered in the Clarence Valley local government area. Thus ending its resident population's community transmission free status which began on or about 29 March 2020.

By Saturday 9 October the primary school was abruptly closed for contact tracing and cleaning when it was discovered that one member of the school community had tested positive for COVID-19.

Based on NSW Health advice, all staff and students were told to self-isolate until further notice and to be tested if they developed symptoms of viral infection.

On Monday 11 October when the NSW Government opened up the state in Stage 1 of its policy of easing COVID-19 public health order restrictions and allowing the population increased mobility, South Grafton Public School staff and the parents of those 650 students waited to get the all clear to return to school.

It was also on that Monday that the total number of confirmed cases of COVID-19 community transmission in the Clarence Valley – specifically in Grafton postcode 2460 – had reached 14 cases over the space of the 6 days since the Delta Variant Outbreak finally reached the local government area.

On Tuesday 12 October 2021 the primary school administration was informed that additional COVID-19 cases had been confirmed within the school community and further contact tracing and cleaning needed to be undertaken, so the school remained closed.

Regretfully, to be continued......

The Nature Conservation Council of New South Wales has commenced a world-first legal action to protect rivers and wetlands. Challenging the Border Rivers Water Sharing Plan in the Land & Environment Court, naming Water Minister Melinda Pavey & Treasurer Matthew Kean in his position as Environment Minister as respondents

Environmental Defenders Office, 6 October 2021:

A plan for sharing water in the northern Murray-Darling Basin is being challenged in court over climate change, in an Australian and world legal first.

Acting on behalf of the Nature Conservation Council of NSW, EDO lawyers will head to the NSW Land and Environment Court to challenge the validity of the Border Rivers Water Sharing Plan (WSP), arguing that the NSW Government failed to properly consider future climate change when making the plan.

The Border River catchment sits along the NSW/Queensland border and includes the Macintyre and Severn Rivers. The catchment is home to endangered species such as the eel-tailed catfish, Australian painted snipe and curlew sandpiper.

Both the NSW Water Minister Melinda Pavey, who approved the WSP and the NSW Treasurer Matt Kean, who as Environment Minister provided concurrence, are named as respondents in the Class 4 Judicial Review proceedings.....

Chris Gambian, CEO of the NSW Nature Conservation Council said:

“If we fail to keep our rivers alive as a first priority, it doesn’t really matter what our second priority is. We will have lost the fight.

“Climate change is not some abstract phenomenon that may occur in the distant future. River communities in NSW are bearing the brunt of that change every day, right now.

“Just 18 months ago, many towns in western NSW were entirely dependent of bores or truck deliveries for their water supplies.

“It is not just prudent for governments to factor in the impacts of climate change. It is a legal requirement that we are seeking to uphold by taking this action.”

EDO Managing Lawyer Dr Emma Carmody said:

“Our client alleges that under their own laws, NSW Government Ministers are required to properly consider climate change, including future climate change, when drawing up a water sharing plan. By relying on historical climate data for the catchment, we argue that they have failed to do this, including in relation to the calculation of the catchment-wide limit on extractions from the river.”

“The alleged unlawfulness arises not only due to the impacts of this failure on the Border Rivers itself, but on surrounding floodplains and downstream rivers and communities, notably the Barwon-Darling/Barka River, which receives some of its flows from the Border Rivers catchment.”

“Our client will further argue that the rights of children and future generations to enjoy and benefit from healthy, functioning river systems requires the Minister to properly consider climate change and its impacts on water availability and quality and to devise a water sharing plan that reflects the likelihood of a hotter, drier future.”

“Our client also alleges that setting drought reserves for basic landholder rights on the basis of lowest inflows up to July 2009 is unlawful, not only because it excludes the most recent and severe drought on record, but future climate change.”

“There is ample evidence which indicates that the rivers and floodplains of the northern Murray-Darling Basin are over-extracted. This is now being exacerbated by climate change, which is making it hotter and drier. We can’t afford to make decisions about our precious water resources which ignore this reality. Indeed, our client alleges that the law requires it.”

“Our client will ask the court to find that the Border Rivers Water Sharing Plan is invalid and must be replaced by a lawful plan.”

“If this case is successful, it will likely mean that future Water Sharing Plans will have to take climate change into account, in particular in relation to the setting of catchment-wide extraction limits and environmental flow rules. This could mean more water for fragile ecosystems across the Murray-Darling Basin and in turn healthier river systems and greater water security for downstream communities. Our children and future generations deserve to enjoy and benefit from a healthy, functioning river system.”

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https://youtu.be/q6Fgkb0at0o

It is worth noting that Brett Walker QC, who acted as Commissioner during the twelve month long South Australian Royal Commission into the Murray Darling Basin Plan, has agreed to represent the Conservation Council of NSW.

It is also be noted that on 26 August 2021 the NSW Land and Environment Court in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 ordered: The Environment Protection Authority, in accordance with s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), is to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change. Neither the Minister for Energy and the Environment Matthew Kean or the EPA appealed this judgment.

How to help the Conservation Council of New South Wales fund this legal challenge of the validity of the Border Rivers Water Sharing Plan (WSP):

https://legal-water-challenge.raisely.com/

BRIEF BACKGROUND ON WATER LICENCING AND WATER BUYBACKS IN THE MURRAY DARLING BASIN

https://youtu.be/rsdGZZSaUXw