Dutton & Home Affairs conduct sham, pre-ordained ‘consultation’

Minister Peter Dutton is conducting a sham ‘consultation’ after which he will determine “arrangements that govern the protection and management of identity information”. In other words, a man on record 16 years ago as demanding wholesale sharing of personal information across police, security and all government bodies is about to decide whether we get a national ‘Australia Card’ ID system or similar open-slather access to your private information. CLA’s submission says he’s the wrong man, it’s the wrong department, and any inquiry into personal ID rules should be run with equal numbers of rights, liberties and IT gurus as part of a balanced review panel.

October 2018: MPs move to safeguard genes data from insurance companies; ABC management fail, but journos spark another Royal Commission

There’s a welcome push in federal parliament to rein in insurance companies through a moratorium on citizens’ having to disclose the results of genes testing. The move would safeguard rights under insurance and superannuation policies, which affect nearly every Australian. Meanwhile, as ABC management spectacularly implodes, ABC journos and researchers yet again spark a Royal Commission, this time into aged “care”. CLA’s submission to the RC will concentrate on how the elderly gradually have their personal liberties and dignity stripped away, at the age when they and their contribution to Australia should be being honoured and feted.

Also in this issue:

  • Time to revamp a 60-year-old promise for children?
  • Wimpish committee gives coded warning only
  • Travellers and friends latest to be subjected to police state ID checks
  • Australia’s Indigenous people most incarcerated on the planet: prosecutor
  • Commonwealth is anything but a model
  • Gender-bender law will save our dunny heritage
  • PM promises citizenship to millions of refugees (Pakistan)
  • Jailed doppelganger seeks $1.5m – see photos

SINGLE COLUMN (read on screen)

TWO COLUMN (print, read over a break)

Govt models only bad behaviour, unlike in 1912

A parliamentary inquiry into how Big Government screws the little guy and small business in court is struggling to have its voice heard. A Senate committee’s investigation of a proposed law to fix the problem was announced in November 2017, but the committee’s report now been postponed, for the fourth time, to 7 December 2018. That’s a day after the last sitting day of the year for parliament. If an election is called early in 2019, we may never get to see why the government believes it can ignore its legislated responsibility to make its own bodies give people a fair go in legal battles

We need an ideological revolution in criminal justice

For nearly 30 years, since the Royal Commission into Aboriginal Deaths in Custody, Australia’s rate of jailing Indigenous people has been going totally in the wrong direction, says ACT Deputy Director of Public Prosecutions, Shane Drumgold. The option of ever-increasing sentences hasn’t worked so, he says, it’s time we totally switched our thinking towards solutions that work in other countries rather than continuing failed policies that not only have not worked, but have been demonstrated for decades to not work to solve an ongoing problem.

Evils of mandatory sentencing on display

Zak Grieve withdrew from a murder plot before the event, refusing to go through with it. But that didn’t save him from two legal evils, mandatory sentencing and the ‘joint criminal enterprise’ doctrine. Under the latter, he was guilty because he knew of the plot in advance, and didn’t stop it. Under mandatory sentencing, Zak – the 19-year-old who wasn’t there, who had no previous criminal record – received a longer sentence in prison than the actual killer! Now a group of activists, including CLA’s Felicity Gerry QC, have lodged a petition for mercy in the Northern Territory to try to overcome legal inflexibility in pursuit of justice and a fairer go.

Quality of mercy is strained beyond hope

How many refugees and asylum seekers are on Nauru and Manus. How long have they been there now? What is their future? How many have left either for their home country or for other destinations? It’s hard to know, because precise details are kept from us. Whatever the number is, some people have been there since 2012, and their current situation is unconscionable.

Court to live-stream case for the first time

At last, courts in Australia are starting to embrace the IT technology that can open up the mysteries of the law to the average person. The WA Supreme Court is leading the way by live-streaming  a case involving bushfires from 16 July 2018 at 10am. Pity the innovative WA Chief Justice, Wayne Martin, will retire from the bench while the live-streaming experiment continues.

The law defeats justice – again – in Australia’s deep south

The Supreme Court of Tasmania has ruled then-lawyer Barbara Etter should have surrendered a raft of unfiltered documents when the Legal Profession Board of Tasmania re-ignited a quenched complaint against her on the say-so of a disgruntled opponent. Etter has quit the law as a result. The LPB administers unconscionable, kangaroo-court type laws that can deprive somebody of the right to practise, earn income and advise clients – while effectively destroying their reputation – without any chance to put their side of the case before the members of the LPB.

Collaery/K: Behaviour of Libs and Labs is appalling

Rob Wesley-Smith reading his own ASIO files at the National Archives in Canberra in December 2012.

Rob Wesley-Smith (RWS) knows the Timor Leste (East Timor) government as well as any Australian. He is personal friends with current and former Presidents and Prime Ministers of that country. He was recently awarded that nation’s highest honour, the Order of Timor Leste. He says the Australian government’s spying behaviour was unconscionable, and the current charges against lawyer Bernard Collaery and Witness K are appalling.

Australians with consciences who care about our democracy are beginning to speak out against this travesty of justice. “The Wilkie statement is now two days old: not a word from the government, the ALP, the ABC, today’s Fin Review. Is everybody running scared?” asks a former Labor MP. A major protest is being planned for the first mention of the charges in the ACT Magistrates Court on 25 July 2018. If you care about the rule of law in Australia, and stopping the process under way of Australia becoming a police state, please follow this story, and take action.

Chief Justice criticises law-and-order election auctions

Real justice – as opposed to expensive, unproductive ‘law and order’ auctions around election times – helps the victims heal as well as punishing the perpetrators, says WA Chief Justice Wayne Martin. He gives examples of progressive justice systems being introduced throughout Australia, many of them learning from the practices that imbued Aboriginal culture over tens of decades of history in Australia. Read his Sir Ninian Stephen 2018 lecture.

‘Lawful but awful’ policing is problem here too

A new book that outlines the problems of policing in America over the past two decades has widespread lessons for Australia also. While Australian police don’t kill around 1000 citizens a year, the tunnel vision and confirmation bias attitudes, coupled with the propensity to lie because of twisted mateship, are exactly mirrored in Australia. As are problems stemming from excessive powers and secret linkages between federal police and  security bodies and state police.