1992_07_july_aid

The Government could be quite relaxed about increasing foreign aid, despite the recession, the Member for Fraser, John Langmore, said yesterday. ΓΏ(sunjul26)@

He was speaking after calls at the weekend by two major non-Government aid agencies for increased help for Africa.

Both CARE Australia and Australian Catholic Relief have painted a desperate picture in several African countries, notably Somalia, Sudan and Mozambique. The effect of civil war and drought is threatening the lives of millions of children.
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1992_07_july_aborig

Somewhere, sometime in Australia last night the cell door slammed shut and the key was turned.

A lonely moment, with no-one to care. At the moment the cell door shuts despair befalls the prisoner. He (more often he than she) will more likely be drunk, drugged, injured or in ill-health than anyone else in the community. He will more likely be Aboriginal. He will more likely commit suicide or die from other causes.

But we do not know precisely how many people will be locked up, or why. Nor do we know precisely who is being locked up: their ages, sex, Aboriginality, reason for detention, when and why released and so on.

Without this information how can we prevent deaths in custody?
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1992_07_july_abor

An Aboriginal treaty would “”imperil our sovereignty and place the very existence of our nation at risk,” the former Chief Justice of Australia, Sir Harry Gibbs, said last night.

There was no need for a treaty of special constitutional rights for Aboriginal people and Torres Strait Islanders, Sir Harry said.

He was speaking at the inaugural conference of the Samuel Griffith Society in Melbourne. The society, named after the first Chief Justice, aims to preserve the Constitution by ensuring full public debate before it is amended.

Also at the conference, a former judge of the Queensland Supreme Court accused the present High Court of social engineering.

Sir Harry said this generation was “”not responsible for the crimes and blunders of the past” and “”should not be racked with guilt”.

Aboriginal people were not a sovereign people and should not receive international recognition as such. He warned against suggestions that in the future some areas in northern Australia might become separate nations.

He acknowledged that the condition of many Aboriginal people today was lamentable and they had special needs which our society should meet. But there was ample legislative power to do that without a change in the Constitution or a constitutional provision that gave them special rights not based on individual needs but on race.

Sir Harry rejected the idea that the Constitution needed radical rewriting for the centenary of federation or that Australia should be a republic.

His view of federalism was: “”nothing should be done by the Commonwealth that could be done equally well by the states themselves”.

That was the principle for which the European Community was striving.

“”With the bureaucratic genius for meaningless jargon they call it the principle of subsidiarity,” he said.

The reserve powers of the Crown were necessary in any system of responsible government. The events of 1975 were an anathema to some, but the powers had been used in Tasmania and Queensland in the past five years in a way recognised by all as impartial.

Sir Harry rejected a Bill of Rights “”because no human mind can foresee the effect which a court may ultimately give to general words intended to guarantee a right.”

The present federal system gave more rights than most countries with Bills of Rights.

The Constitution could be changed in a limited way: the states should have greater financial power; the Commonwealth’s foreign-affairs power could be restricted so it did not impinge on domestic matters and the industrial-relations power was unsatisfactory in its present form.

Mr Peter Connolly, QC, a former judge of the Queensland Supreme Court said the High Court in two leading cases had not decided “”right according to law.” He said Section 92 of the Constitution had guaranteed an individual right to free trade across state boundaries in Australia until May, 1988. Then the High Court has reinterpreted it. “”The court paid no regard whatever to the views of their predecessors,” he said.

“”Yet such is the lethargy of the Australian people that there has been little criticism of the decision,” he said.

He attacked the court for what he called overruling the principle that Australia had been possessed by the Crown in 1788 in the Mabo decision earlier this year. That decision recognised indigenous title, and said that it had always been in existence.

“”What rational suggestion can be made to bring home to the justices of the High Court that their deliberate social engineering does not command universal admiration or indeed respect.”

July 07 1992, Convey

The public is being asked to relate any bad experiences they have had with lawyers doing conveyancing in the ACT.

The Conveyancing Reform Lobby Group is opposed to lawyers having a monopoly on conveyancing. A spokesman for the group, Canberra businessman Greg Williams, said yesterday, “Solicitors over-charge and under-service.”

He has placed an advertisement in The Canberra Times today, asking that people send details of their complaints to the Conveyancing Reform Lobby Group PO Box 238 Woden.
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July 07 1992 – Column28a

We have juries in Australia for serious criminal cases. They determine the facts, apply the law as explained to them by the judge, and decide whether the accused is innocent or guilty.

Juries, selected from the mass of the population, and are a bastion of freedom against the oppression of the state. That’s the theory, anyway. They also provide another function: they make sure that excessive legalism and technicalities are not used to defeat justice. They apply a common-sense view to the facts and the law.

The division is clear. Judges deal with the law. Juries deal with the facts and the applying of the facts to the law. That’s the theory, anyway.
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July 07 1992, Column21

Why is the Archbishop of Melbourne and Primate of the Anglican Church in Australia going to be stopped from performing in a circus in the ACT?

This idiotic thought came to me as I was reading a proposed amendment to the Animal Welfare Bill. It says a “”prohibited circus animal means _ (a) a primate; (b) a bear cheetah, elephant, giraffe, leopard, lion, puma or tiger or (c) and animal prescribed (by the Minister).

I looked in the dictionary to find that a primate means head of the Anglican Church or any mammal of the order Primate that includes man, the apes, monkeys the lemurs etc. Ah, ah, so humans are going to be prohibited circus animals, too. No so fast, the people who draft laws are more clever than that. Earlier on in the Act is says “”animal means an amphibian, bird, fish, a mammal and a reptile but does not include a human being”.
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July 1992. Justice for Australian writers

The Copyright Agency Ltd dished out $6 million last week to 1600 Australian writers and other copyright owners. That was the takings for all the photo-copying done in Australia’s educational institutions. It was a triumph of pragmatism over artificial legalism. The result, by and large, was justice for Australian writers. They got a financial return for the use of their work. Continue reading “July 1992. Justice for Australian writers”

1992_07_july_excel

Who knows, Alan Bond may yet again become a millionaire. But one thing’s for sure, he will never get back the two years he spend in jail. This it is with PC owners. They make a huge investment in their computer programs. The money is trivial. The investment is in time. The money spent on a dud program can always be re-earned; the time is gone forever.

Few users will willingly toss out a program they have learned for something supposedly superior. It is hard to get people to swap from one program to another, let alone swap from Apple to MS-DOS or vice versa.

Some people are forced to swap because they change jobs and the new one has different programs. But generally people grow into a program or family of programs and stay with them, and will announce the programs they use are the best thing since sliced bread even though many other users are quite happy and healthy eating multi-grain rolls.
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1992_07_july_evans

The republican movement in Australia shows there is little demand for radical constitutional changes, according to the Clerk of the Senate, Harry Evans.

In a lecture at Parliament House yesterday, Mr Evans said republicans wanted the constitutional system left as it is, with the exception of a change in the Head of State. Thus it showed Australia’s constitutional system was in good shape.

There was no the same demand for radical changes as in Britain, Canada and New Zealand. these countries had real problems which caused the demands for change. Many of the changes sought were already in place in Australia.
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1992_07_july_delay

Accused people in custody in the ACT can expect a wait of 2 months before trial.

This is an increase of nearly one month from December last year, according to the latest figures issued by the ACT Law Society.

Accused not in custody can now expect to wait 16 months for a trial.

The waiting times underline recent pleas from judges and the profession for the appointment of a fourth resident judge for the ACT Supreme Court.
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