1993_02_february_wicks

Blocklines : “”Too little, too late”. Bruce Wicks, managing director, “”in other words owner” of Capsella Pty Ltd, which runs the Battery Factory outside his Fyshwick business with some of his 20 staff yesterday.

Mr Wicks, who also runs the Radiator Works and Dobel Boat Hire on Lake Burley Griffin, was not impressed with Mr Keating’s statement.

“”It’s too late now _ small and medium and medium business has been treated with contempt for too long,” he said. “”It’s an effort to buy the business vote _ just like the Government buys the vote with welfare handouts. We need a change in government philosophies, not just simply more hand-outs.
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1993_02_february_water

Tead your own water meter, is the advice of the chief executive of ACT Electricity and Water, Dr Mike Sargeant.

He was responding to the plight of people buying a house who are faced with the choice of paying a $55 fee to get the water meter read or risking it and perhaps getting hit with the previous owner’s excess water bill.

A woman who bought a house in Macquarie recently has just been hit with a bill of $371 for excess water consumed by the previous owner.

She says her solicitor told of the facts, but she took the risk.
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1993_02_february_victoria

Tudging by recent opinion polls, Paul Keating is like a Bridge or 500 player with four or five cards left but only one or two trumps.

In this position, the player can either use his trumps in the hope of bleeding out some high off-suit cards or he play the off-suit first knowing he can salvage at least some tricks at the end.

The first course is highly risky. It increases the chance of winning, but if it fails the player misses out on his contract by a large margin. The second course increases the chance of a loss, but reduces the risk of being beaten heavily.
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1993_02_february_unis

The Australian National University and the University of Canberra are starting the new academic year firmly under the ministerial thumb.

The changes virtually sneaked through at the end of the parliamentary sitting last year in an avalanche of legislation. They affect all universities, but the ANU and UC are affected most.

The changes put an end to parliamentary setting of funds for individual universities administered through the states. In its place is a system where the Minister alone determines the funds. The difference may not sound much, but read on. It will have a huge impact in the independence of universities and ultimately academic freedom, which is one of the important legs of our democracy.

Some academics refer to it as the Dawkinisation of the universities. It has a nice ring about it.

The Minister, John Dawkins, puts it another way. He says his new arrangement will give the universities greater freedom because their grants will no longer be divided into capital and running costs. They will get composite grants which they can apply as they like.

However, a look at the legislation shows differently, especially for ANU and UC. ANU and UC used to have funds applied under their own Acts. Parliament would give them money, and it would be there for all to see as part of the budget. ANU and UC coudl then spend their appropriation much as they pleased. That position was repealed in a schedule to the Higher Education Funding Amendment Act. ANU and UC are now dragged in with other universities. Their funding, too, has been changed.

Under the old system, each university got an identifiable grant which was handed to the states to administer. It was appropriated by Parliament and the amounts for each university could be seen in the legislation and the Budget papers. The amounts could be argued between the Commonwealth and the states, argued as part of the Budget process and if the Senate did not like what was happening to a particular university or universities in general, it could request an amendment.

Under the new system, Parliament will appropriate (and, indeed, has appropriated for the next three years) a single amount for all universities. All reference to the states has been eliminated. Instead the Minister gets to divvy up the single amount among each university. Worse, the Minister does this “”only in accordance with the educational profile of the institution provided to the Minister”.

This “”educational profile” is an insidious thing.

In a democratic society which prides itself on academic freedom, the money should be just given to the university and the university be told to get on with it, subject to some reasonable accounting procedures. Under this new system, however, the universities are required to provide the Minister with their “”educational profile”. It obviously includes things like student numbers and types of courses. But it can also include things which have nothing much to do with educational excellence, but more to do with the Minister’s social agenda: how many handicapped, black, or homosexual students is the university taking? Is the university complying with the Minister’s view of management? Or the Minister’s political objectives, such as starting a school for Environmental Pursuits at the University of Western Sydney which draws students from marginal seats, and so on. There is no evidence to suggest that Mr Dawkins intends to do this, but the potential is there for a future minister.

Once the educational profile is provided, of course, the university must apply its funds accordingly. And the Minister can insist on it. The university cannot tell a few white lies to get the money and then spend it on its own agenda, on silly things like academic excellence in pure mathematics, engineering or English literature.

No; the universities will be made by the Minister to lie in the funding beds they have made.

Further, as there is only a finite global appropriation, each of the 35 universities will now engage in an annual competitive suck-up to the Minister to ensure they get more money. A university can only get more money by taking it from another university. Thus the more brown-tongued a university becomes, the more subservient to ministerial wishes in presenting its “”educational profile”, the more money it will get, and the less its more independently minded competitors will get.

For example, the legislation has already cemented in $2.89 billion for 1993, $3.2 billion for 1994 and $3.28 billion for 1995. There will now be an obscene, competitive scramble by each of the 35 universities to ensure that their share of 1994’s $3.28 billion is a big as possible, üat the expense of other universities.

Under the old system you could see what each university was about to get as the Bill went through Parliament. The Bill for 1993-95 funding is now law, but no-one knows what each individual university will get. That will be determined by the Minister. Yes; the determination can be set aside by Parliament, but as anyone who knows much about parliamentary procedure, ministerial determinations get dumped into parliament in bucket loads. They are hard to overturn and there is much less opportunity for debate than in the case of legislation. Moreover, Parliament can only mover that the whole determination be disallowed, not that particular parts be adjusted. So the Minsiter can shrug and blame the Opposition in the Senate for delaying all university funds.

In short, this legislation is divisive, it can wreck universities’ autonomy, it eliminates the states’ role and puts unnecessary power in the Minister’s hands. It has the potential to be an insensitive, centralised and dangerous power.

The universities in Australia are too important to be put under ministerial thumb. In this election environment people who cherish academic freedom should start extracting some political promises.

1993_02_february_unipoint

The ANU’s vice-chancellor, Professor Laurie Nichol, is expected to be questioned at a council meeting today on how legislation passed at the end of the last sitting will affect the university’s autonomy.

The legislation replaces the system whereby the university got its money from Parliament to spend on university purposes as it thought. Instead the Minister will determine the university’s funds out of a pool appropriated for all 35 Australian universities. The Minister will determine that according to the university’s “”educational profile” provided to the Minister.
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1993_02_february_torrens

A couple who live next door to a proposed medium-density development in Braddon say they have been shut out of an appeal against it by the ACT’s planning and development procedures.

John and Ann Dickson, of Torrens Street, Braddon, say they have been denied a chance to object to the standard of medium-density development proposed for four blocks fronting Torrens Street that adjoin theirs.

The Dicksons have no objection to medium density if it is done with environmental and architectural sensitively. They say the proposed development is not, and that they had no chance to object to it after its detail became known.
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1993_02_february_tickets

The ACT Government has taken away the ticketing franchise for Bruce Stadium, including Raiders home games, from Ticketek and its sub-agent Canberra Bass and given it to the Canberra Theatre Trust.

The Government says that because of the circumstances it did not call for tenders.

In the past, the franchise was put out to tender and both Ticketek and the theatre have tendered, but the theatre lost, largely because of Ticketek’s wider number of outlets. Ticketek is owned by Kerry Packer and has about 60 outlets in the ACT and NSW.

The general manager of the theatre, David Gration, said yesterday that many tickets would be cheaper under the new arrangements.
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1993/1993_02_february_tasmarg

Bruce Goodluck, the Member for the Tasmanian seat of Franklin, was not known for his intellectual contribution to House of Representatives debate. Nor was he ever a serious candidate for a job on the front-bench, though he served on committees. He was always an eager participant in media stunts, and has never denied being the man who wore a chicken suit into Parliament House.

Goodluck was the quintessential local member. Many people did not know what party he stood for, and he himself never advertised, preferring to run under the Goodluck name at election time, rather than the Liberal one. Indeed, Harry Black, the Labor candidate for Franklin, says people thought that when they were voting for Goodluck they were voting Labor.

Goodluck, who was outspoken against the GST, is retiring after 18 years. He won the seat with a 15 per cent margin in 1975 in the anti-Whitlam swing. At subsequent elections, the margin has been slowly whittled away. He won by 2.2 per cent last election, which Malcolm Mackerras ü(Federal Election Guide 1993, AGPS) estimates is down to 2.0 per cent following a redistribution.
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1993_02_february_speaker

The former Speaker, Leo McLeay, can stay on his full Speaker’s salary and allowances until a new Speaker is elected, despite his formal resignation on Monday.

A new Speaker will not be elected until Parliament sits after the election, at the earliest May 20, the day after the election writs are returned, making the extra pay worth at least $13,400.

Mr McLeay is entitled to keep the extra pay and allowances under a combination of the Parliamentary Presiding Officers Act 1965 and the Parliamentary Allowances Act 1952. These Acts are intended to deal with continuity of functions and pay in the case of a Speaker resigning or an election, or in this case both.

Mr McLeay resigned over public disquiet about a $65,000 compensation pay-out after he injured himself falling off a bicycle hired at Parliament House.

Mr McLeay sued the Commonwealth for negligence and breach of contract saying he had permanent damage to his elbow. He put the case in the hands of his lawyers to deal with as any other case. As joint head of the Joint House Department he gave approval to the settlement.

Questions were raised in Parliament about the speed and amount of the settlement and the manner in which it became public.

The Speaker’s total package is $144,189 a year. This is made up of $67,715 base MP’s pay, an MP’s electoral allowance of $23,819 and an additional $52,655 for being Speaker.

Mr McLeay’s continued entitlement of the Speaker’s pay for at least 93 days is therefore worth at least $13,400. Continued extra superannuation entitlements would add to this.

Replies to questions put to his staff yesterday about whether Mr McLeay would take his entitlement or revert to a back-bencher’s pay were not received by yesterday evening.

Mr McLeay’s resignation at the time when an election would supervene before a new Speaker could be elected is unique. Normally, a resigning Speaker would resign effective on a sitting day a be replaced the next day. When Joan Child resigned to go to the backbench before retiring from Parliament, Mr McLeay was elected to replace her the next day.

Other Speakers, however, have retained the position (and the pay) through an election period only to lose the position upon the election of the opposing party on the first day of the new sitting. Gordon Scholes, Sir Billy Snedden and Dr Harry Jenkins are examples.

At the beginning of a new Parliament, the Clerk of the House takes the chair until a Speaker is elected, which is the first function of the new House.

1993_02_february_smoke

Lord Atkin in 1932 asked the question: “”Who is my neighbour?” and was reported fairly immediately in the official law reports.

Of course, the question was asked earlier by Jesus who was reported some 60 years by Luke in his Gospel. The answers were entirely different. For Jesus the answer was everyone and everyone had a duty to held everyone else, especially mugged travellers on the Jerusalem-Jericho road. For Lord Atkin the answer had strict legal confines. Lord Atkin decided that the manufacturer of ginger beer was the “”neighbour” of the woman who drank it. A neighbour was someone who had a duty of care to someone else. It was a question of proximity and a connection.

Before 1932 only the purchaser of the ginger beer could sue the manufacturer if it was faulty. Mrs Donoghue, who drank the beer and to her shock found a snail in it, did not buy the beer. Lord Atkin said she could get damages under his “”neighbour” principles.
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