Previous month:
May 2013
Next month:
July 2013

June 2013

Federal Government internet data retention plans shelved

Just to refresh your memory, here's an ABC news report of then Attorney General Nicola Roxon trying to explain why Australian's internet and phone call records should be stored and be available to the government for 2 years.

Data-retention plan likened to Gestapo tactics

Critics of the Federal Government's plan to store the internet and phone data of every Australian say it amounts to constant surveillance.

Attorney-General Nicola Roxon yesterday announced the controversial plan, which would see internet and phone companies storing the data of every user for up to two years.

The idea is currently being considered by a parliamentary committee, and Ms Roxon insists there would be strict privacy measures in place to make sure the information is only used by crime-fighting agencies when it is needed.

Well that idea is dead.   The parliamentary committee charged with looking at Ms Roxon's proposal has delivered its report, which was published today.   It's scathing about Ms Roxon's abject absence of basic organisational skills.  In order to review her proposal, the committee needed her proposal.   Pretty basic I would have thought.

Here is a direct lift from the report.

Telecoms committee
Telecoms committee 2
You can download the entire report here.

And this is how old faithful Mark Dreyfus QC MP welcomed the report.   You'll have to read a lot of his press release to get to the bit about whether or not we'll have our internet records kept for 2 years.   It's the 4th paragraph from the bottom.

UNCLASSIFIED

 

THE HON MARK DREYFUS QC MP

Attorney-General
Minister for Emergency Management

Special Minister of State

Minister for the Public Service and Integrity

MEDIA RELEASE

 

24 June 2013

 

PARLIAMENTARY COMMITTEE REPORT ON NATIONAL SECURITY LEGISLATION

 

Attorney-General Mark Dreyfus QC today welcomed the Parliamentary Joint Committee on Intelligence and Security report examining potential reforms to Australia’s National Security Legislation.

 

The Government will now carefully consider the detailed report, including all forty-three recommendations, before making any decisions on potential legislative changes.

 

All communication interception activities and access to telecommunications data carried out by Australian Government agencies are conducted in strict accordance with Australian law.

In Australia, the privacy of communications is protected by the Telecommunications (Interception and Access) Act 1979 (the Interception Act). 

 

Early last year the Government referred potential changes to these and other national security laws to the Committee for Inquiry because huge technological change has occurred over the past 30 years since the legislation was enacted.

 

“The current interception regime is over 30 years old.  Reviewing the legislation to ensure it contains necessary, effective, proportionate powers consistent with our international human rights obligations and privacy protection will require much more discussion before any reforms can be introduced into Parliament.

 

“The recent events in Boston and London highlight the ongoing threat of terrorism and the need to ensure our intelligence agencies have the tools they need to keep Australians safe and secure.

 

The public interest in this Inquiry was significant, with the Committee receiving 240 submissions, 27 exhibits and conducting a number of public and classified hearings. The report has taken the Committee over a year to complete.

 

“This Inquiry was part of this Government’s plan to engage more broadly with the community on national security issues and to ascertain the views of experts before modernising our national security legislation,” Mr Dreyfus said.

 

“Unlike the Howard Government, the Gillard Government wanted to give the public a say in the development of any new laws, which is why we asked the Committee to involve the public in its Inquiry.

 

“The Committee has given the green light to further work being undertaken on most of the proposals, yet the extensive nature of the recommendations means that there is a lot more work to be done.

 

“The next, important step will be to develop a package of detailed measures for further public consultation.

 

“This will be particularly important for areas such as the communications interception and access regime, where the Committee has recommended a comprehensive review of the relevant legislation.

 

“The Committee did not make a recommendation in relation to whether Australia should pursue a data retention regime, but the Committee did make a number of recommendations in relation to the details of a potential data retention regime.

 

“Accordingly, the Government will not pursue a mandatory data retention regime at this time and will await further advice from the departments and relevant agencies and comprehensive consultation.

 

I welcome the Committee’s support for a security framework for the telecommunications sector to ensure that it is robust and resilient and I note that the Committee has recommended a Regulation Impact Statement be developed that takes into account regulatory overlap and impacts on competition.

 

“The Committee also supported the majority of the proposed measures to modernise and improve laws relating to Australian intelligence agencies, recognising that any changes to the powers of these agencies must be accompanied by the appropriate checks and balances and oversight mechanisms society rightly demands.

 

“I thank the Committee and its Chair Anthony Byrne for engaging with a wide range of stakeholders to give people a say about the shape of national security laws.”


Another fine Australian killed in action

Cameron stewart baird mg

Personal details of the late Corporal Cameron Stewart Baird MG

Corporal Baird was a member of the Special Operations Task Group and was from the 2nd Commando Regiment based at Holsworthy Barracks in Sydney, New South Wales.
 
Corporal Baird is survived by his parents, brother and his partner.

Corporal Baird was born in Burnie, Tasmania in 1981. He joined the Army in January 2000 and upon completion of his initial employment training was posted to the then 4th Battalion (Commando), The Royal Australian Regiment, now the 2nd Commando Regiment, in February 2000.

Corporal Baird was an outstanding Special Forces soldier. He exemplified what it meant to be a Commando, living by the attributes of uncompromising spirit and honour, which in turn earned him the unconditional respect of his fellow Commandos. His leadership in action was exemplary, constantly inspiring those around him to achieve greater things. Corporal Baird was an extremely dedicated and disciplined soldier, always striving for excellence in everything he did.

Corporal Baird died how he lived – at the front, giving it his all, without any indecision.  He will forever be remembered by his mates and the soldiers he served with in the 2nd Commando Regiment.

Corporal Baird has been awarded the following honours and awards:

  • Medal for Gallantry,
  • Australian Active Service Medal with Clasp East Timor, Clasp Iraq 2003, Clasp International Coalition Against Terrorism,
  • Afghanistan Campaign Medal,
  • Iraq Campaign Medal,
  • Australian Service Medal with Clasp – Counter Terrorism / Special Recovery,
  • Australian Defence Medal,
  • United Nations Medal with Ribbon United Nations Transitional Authority in East Timor,
  • NATO non article 5 Medal with Clasp ISAF and Multiple Tour Indicator (2),
  • Infantry Combat Badge, and
  • Returned from Active Service Badge.

During Corporal Baird’s service in the Australian Army he deployed on the following operations:

  • Operation TANAGER (Timor-Leste) – April 2001 – October 2001,
  • Operation SLIPPER (Afghanistan) – February 2003 – March 2003,
  • Operation BASTILLE (Iraq) – March 2003 – May 2003,
  • Operation SLIPPER (Afghanistan) – August 2007 – January 2008,
  • Operation SLIPPER (Afghanistan) – March 2009 – July 2009,
  • Operation SLIPPER (Afghanistan) – July 2011 – February 2012,
  • Operation SLIPPER (Afghanistan) – February 2013 – June 2013.

 

Australian Army

Awarded the Medal for Gallantry

Lance Corporal Cameron Stewart Baird

For gallantry in action during close quarters combat in Afghanistan on Operation SLIPPER.

Lance Corporal Cameron Stewart Baird was part of a Commando Company mission assigned for clearance and search of a Taliban stronghold in November 2007. During the initial phase of the clearance, Lance Corporal Baird’s Platoon came under heavy fire and during the ensuing close-range fire-fight, a member of his team was mortally wounded. Displaying complete disregard for his own safety, Lance Corporal Baird led other members of his team forward under heavy fire from machine guns and assault rifles to recover the wounded team member back to a position of cover.

He then re-entered the compound and continued to engage the enemy. Even though under constant fire, Lance Corporal Baird continually moved amongst his team members coordinating their fire, and throwing grenades to neutralise the enemy machine gun positions. Once the close quarter battle had been won, Lance Corporal Baird again led his team forward and began room-to-room clearance, where he was again engaged by several enemy. Lance Corporal Baird continued to lead the fight, killing several enemy and successfully completing the clearance.

Throughout the action, Lance Corporal Baird displayed conspicuous gallantry, composure and superior leadership under fire. He was personally responsible for killing several enemy combatants during the clearance, ensuring the momentum of the assault was maintained, and undoubtedly preventing further members of his section from becoming casualties. His performance and his actions were of the highest order and were in the finest traditions of the Australian Army and the Australian Defence Force.

ENDS

This is the text of the Department of Defence's statement describing how Corporal Baird was killed and two other men were injured in action.

One Australian Special Forces soldier has been killed and two other members of the ADF have been wounded during an insurgent engagement.

The Chief of the Defence Force, General David Hurley said the engagement occurred on Saturday 22 June 2013 – the Special Forces soldier was killed in action by small arms fire, a second Special Forces soldier was seriously wounded and a Royal Australian Air Force airman was wounded.

Members of the patrol provided immediate first aid to the casualties who were aero-medically evacuated to the Role 2 Medical Facility at Multi-National Base Tarin Kot. Sadly despite their efforts, they could not save one of their mates.

General Hurley extended his deepest sympathy to the soldier’s family.

"We share their loss and we feel their pain, and we will support them through the difficult days ahead. My thoughts and prayers are also with our wounded personnel and their families. I wish them a speedy recovery," General Hurley said.

The fallen soldier is from the Sydney based 2nd Commando Regiment.

"His mates describe him as one of the most iconic figures in the Regiment.

“He was on his fifth tour of Afghanistan having previously served in Iraq and Timor-Leste. In combat, and as a Team Commander, he was the man to watch and never happier than when the situation demanded decisive action and courage," General Hurley said.

The members of the Australian Special Operations Task Group and the Afghan Provincial Response Company were conducting a partnered operation to disrupt an insurgent network operating in the Khod Valley in southern Afghanistan. This network is known to have direct influences on insurgent activity in Uruzgan province.


Do you understand the Gonski education spin?

I don't understand what Gonski is all about and I'd be obliged if someone who does could describe the "reforms" in a few paragraphs.

I know that education is a state responsibility under the constitution.

The Australian Electoral Commission has a handy guide to the 3 levels of government in Australia. It says, "State and territory government responsibilities include: justice, consumer affairs, health, education, forestry, public transport, main roads".

Here's a link to the Australian Constitution.

Download Constitution

That document, prefaced with an official "overview" says:

Constitution education
The "overview" also makes this note about Commonwealth grants funding for special purposes.

Constitution grants
I think that one of the great strengths of our Commonwealth comes from competition.   You get it in State of Origin and other sports - but it's at play in all manner of things.   Education should be one of them.   Continuous improvement year after year, driven by competition.    Who's doing best, let's see how we can use that to improve our system.......  

The Gillard alternative is that someone in Canberra knows best.   The bureacracy will be better, it will always get it right.   It will know what's needed to educate an aboriginal child on a remote settlement and what's best for the private school children at Ascham and what's needed to maintain classroom discipline in Sydney's Muslim-cultured south-west.

This paragraph from the Prime Minister's speech when the legislation was introduced seems to sum up her thinking:

The Bill brings Commonwealth funding for government and non-government schools together in the one piece of federal legislation, and it provides for extra public funding for students who need it, no matter where they live or the school they attend.

In the past 30 days, the Prime Minister has put out 12 official statements about Gonski (www.pm.gov.au).

Each statement either praises the state government that's signed up to the "reforms".   Or it cans those state government that haven't, with a shocking, overt statement that a child's education in a non-Gonski state will be adversely affected.

Here are some extracts from this Gillard media statement about Queensland schools.

Today the Gillard Government released new figures that confirm increases in the overall funding allocations for every school, in every schooling sector, in Queensland over the next six years.

The figures show that, under the Gillard Government’s National Plan for School Improvement, Queensland Government schools will receive a boost of around $3.3 billion, while non-government schools will benefit from more than $500 million over the next six years.

The data is based on the $3.8 billion of extra funding on offer to all Queensland schools provided the Newman Government signs up by the June 30 deadline – just nine days from now.

That press release goes on to say:

Premier Campbell Newman and Education Minister John-Paul Langbroek must put the students of Queensland first and sign up to the National Plan for School Improvement.

This is a once in a lifetime opportunity to deliver the biggest investment in schools in generations. 

There is a very clear choice now before the LNP Government.

Signing up to the new, fairer funding system, will benefit every sector and every Queensland school. Continuing to play politics and refusing to sign will result in students being left behind.

Would a Prime Minister of Australia do that?   Say that there is extra money available, earmarked and budgetted for each state's education system, but the money will just have to go back to consolidated revenue because she didn't get her unconstitutional way?

But the key to this farce is the Gillard statement about what the extra money will be spent on, by each state, which has constitutional responsibility for education.   This is from the same Gillard press release about Queensland schools.   Keep in mind that the Commonwealth Government employs no teachers and the Commonwealth has no constitutional responsibility for education:

Labor’s National Plan for School Improvement will deliver:

  • More one on one attention and support in the classroom for every child;
  • Specialist literacy and numeracy programs for children in danger of being left behind;
  • Greater assistance for those students with disability or special need; and
  • Building the skills of teachers and providing mentoring support for new teachers.  

If they're as good at education as they were with NBN, Pink Batts, School Halls, Stopping the Boats, doing sums (as in budget, surplus etc a-la-Swan) then God help the kids who get that "help".   From a standing start, Gillard will suddenly have a department that just knows best.

One of our readers KC is a lawyer.   He poses this constitutional question about the funding for Gonski:

Gonski funding should NOT come from Commonwealth borrowed funds. (Current limit is $300 Billion).
Otherwise, the States are signing up to the end of our Federal Constitution.
States are responsible for Education but the Commonwealth is now extending its restricted powers and its national control over State areas of responsibility via Specific Purpose Grant Payments. 
Such payments made from Commonwealth general revenue is one thing, but using it borrowings power under Section 51 (iv) of the Constitution for raising funds for such purposes means the Commonwealth can use its exclusive and significant borrowing power combined with its grants power to take over control of all of the areas of State responsibilities under our Federal Constitution.
Why bother then with a Federal Constitution any longer?
States signing up for Gonski funding should at least require in the agreement that the the Commonwealth funding cannot come from borrowed funds.
I think it's a great discredit to Barry O'Farrell that he so speedily signed up to the Gillard agenda.   For a few tainted dollars, he might be signing away a lot more money.


Anyone see the link here?

Exhibit One -  Julia Gillard won't stand aside

 

Exhibit two

Tony Abbott widens gap as preferred PM over Julia Gillard in latest Newspoll

With parliament entering its final sitting week before the election, the Opposition Leader now leads the Prime Minister by 12 percentage points after trailing by 30 points as the preferred prime minister when Ms Gillard became leader in June 2010.

Dennis Shanahan's analysis is worth the price of The Australian today, you can read it online here.

Meanwhile Ms Gillard continues to trot out the worn-out claptrap about Mr Abbott - the abortion claim is particularly hollow when you hear how the PM responded to the 19 year old Queensland girl charged over using RU 486.

Ms Gillard revisited Labor's central attack on Mr Abbott 10 days ago, accusing him of being old-fashioned, anti-abortion and claiming he would diminish women if he became prime minister. While Labor has been consumed with leadership speculation and Ms Gillard has battled with state premiers over her Gonski education changes, Labor's primary vote dropped below 30 per cent - by just one point to 29 per cent - for the first time since July last year when the carbon tax was implemented.

Although the change is well within the Newspoll survey margin of error of three percentage points, it will create even more panic and dismay among Labor MPs, who fear an ALP wipe-out at the election and some of whom are pushing for a return of Mr Rudd as leader.

Based on preference flows at the last election and the ALP's primary vote of 29 per cent versus the Coalition's 48 per cent - down a point - the two-party-preferred result is 57 per cent for the Coalition and 43 per cent for Labor. This is a two-party-preferred swing against Labor since the 2010 election of just over 7 per cent. On a national basis this would wipe out at least 30 sitting Labor MPs and easily hand government to Mr Abbott.

 


I interviewed Julia Gillard about abortion, state laws and the place of the criminal courts in a young woman's life on 9 July, 2010

I saw this article today on Andrew Bolt's blog and it jogged my memory about an interview I had with Ms Gillard just after she became Prime Minister, on 9 July, 2010.   I asked Ms Gillard about the case of a young lady (whose name I have redacted from my tape) who was then charged with procuring an illegal abortion, as a result of using the drug RU 486 that her boyfriend had bought over the internet.

The then 19 year old girl was facing a substantial gaol sentence and I wondered if Ms Gillard would intervene or offer an opinion on the girl's behalf about the law.

Ms Gillard said to me that it was a matter for state law and that it was up to the Queensland Government to make laws on this matter, abortion.   As Andrew Bolt pointed out earlier today, it makes Ms Gillard's current statements about abortion sound pretty hollow.

 

 


Reader AM asks - Are school principals now paid to promote Labor policy and party politics

Reader AM received this email from his son's school on Friday evening.   What do you think?  Is it right for a state school principal to promote something that's party political with an election coming up?

Here's AM's short and succinct note to me:

Nothing but disgraceful.
AM - Father

-----Original Message----- From: A state high school
Sent: Friday, June 21, 2013 2:15 PM
To: Undisclosed recipients:
Subject: Email From [redacted] Teacher Reference: [redacted]

DEAR PARENT/GUARDIAN

Student: [redacted]

Need a boost to your mid-year budget?  Have some outstanding school fees here at [redacted]?
The second payment of the Schoolkids Bonus is coming in July.  If you are eligible you could receive up to $205 for each primary student and up to $410 for each secondary student.
You could receive the Schoolkids Bonus if you have a child in primary or secondary school and receive Family Tax Benefit Part A or you are a primary or secondary student receiving an income support payment.
If you think you are eligible and you haven't already updated your child's education details with Centrelink, then visit Online Services by 29 June 2013 to ensure you receive the correct amount and are paid on time.
The Schoolkids Bonus replaced the Education Tax Refund in January 2013 so eligible families cannot claim education expenses in their 2012-13 income tax return.
To ensure you receive the Schoolkids Bonus payment in July, check your eligibility by visiting australia.gov.au/schoolkidsbonus


[details redacted, school principal of a state high school]
Note: Do not reply to this email


Sunday finance time - Is there a role for a Workplace Reform Association in your personal portfolio?

Tax Free Returns from Workplace Reform - is it for you?

Workplace reform is an innovative personal wealth creation strategy that could make a huge difference to your retirement wealth.   It's not for the faint-hearted but as you'll see, the rewards could make a bit of research quite worthwhile.

The first thing you'll need is a lawyer who will incorporate an association that bears the name of your employer - but you'll be in control of the money that it makes.   Once that separate legal entity is set up you can bank cheques made out to your employer straight into an account that you control.

To make it worthwhile you'll need to work for a large employer.   You'll also need to be in a position of authority where you can tell customers where to send the cheques.   Once your workplace reform association is incorporated you just contact customers, you do deals and instead of the money going to your employer, it goes to you.   And it's tax free.

Julia Gillard was a lawyer before she became Prime Minister of Australia.   She set up the AWU Workplace Reform Association Inc for her boyfriend Bruce, who was a state manager in the AWU.   Bruce was able to go directly to AWU customers like Thiess contractors and sell one of the AWU's products - industrial peace.   But instead of the AWU getting the money, Bruce got to bank all the proceeds directly into the secret workplace reform association Julia incorporated for him.   Bruce was able to boost his take-home pay by about $400,000!

Bruce used some of the money to buy a trendy inner-city town-house that he and Julia chose together.   Julia even helped him with free conveyancing and a Power of Attorney that put the house - and mortgage! - into one of Bruce's underling's names.

Many Australians are fearful or uncertain about setting up their own workplace reform association using their employer's business name.

Sarah is a credit controller with Qantas Airways Ltd.  She deals with hundreds of travel agents, hotel groups and large Qantas customers every day. 

"I've thought about incorporating the Qantas Workplace Reform Association and doing special deals with our customers where I'd get to keep the money, but I wouldn't have the foggiest idea of how to go about it and I'm scared it might be illegal."

Everyone has an uncle or friend who's always too ready to pooh-pooh a good investment strategy!   If you need reassurance, just listen to your Prime Minister, who couldn't make it clearer!  "I did nothing wrong", she says about incorporating Bruce's workplace reform association.  

Like most of us, Sarah's not a lawyer, but the Prime Minister is and in this helpful press conference in Canberra last November, the PM explained how low-level, easy, cheap and routine it was to set up her boyfriend's AWU workplace reform association.   She was even a bit nostalgic for the good old days of free workplace reform association income.

PM: Hindsight's a wonderful thing, isn't it? It’s a wonderful thing over 20 years. But put yourself in my shoes incorporating that association. This did not strike me as a non-standard transaction.

As I made clear in August at the very long press conference in fact that is done to better assist with the management of these funds.

 In those circumstances dealing with this matter during my legal career, a matter which at the time struck me as pretty routine, pretty low level, indeed so low level I didn't even charge for it, a matter of that nature, then it was being set up to support the re-election of a team of union officials in the AWU – hence the name – and they were intending to stand on a certain platform, hence the objects of the association.

So Sarah, it's not that scary but there are a few "technicalities" that you should probably leave to your lawyer (again it's best if your lawyer is actually your employer's lawyer, make sure the lawyer is prepared to act in secret without telling your employer or their law firm).  

Try to get your lawyer to write out several broad "Objects" or rules of your workplace reform association.   In your case Sarah include things like "Contribute to the development of long-haul airline markets" or "publicise and promote Qantas innovative airfare package".  

The broader those terms the better because if the Commissioner for Taxation or media do enquire about your workplace reform association you'll need to point to one of those objects and say that you were promoting Qantas's interest.

And remember the golden rule - a workplace reform association is just like a great fishing spot.   You have to keep it a total secret or it won't stay great for long!  

So what are you waiting for.    Just remember "I did nothing wrong" and refer them to J Gillard, Parliament House Canberra if there are any further questions.