2002_07_july_leader14jul defo

The proposals to reform defamation laws in NSW are welcome, but they carry a small danger for the ACT.

Changes to defamation laws came into effect in the ACT on July 1. The ACT changes seemed likely to bring a welcome toppling of the ACT as the defamation capital of Australia. Hitherto, many allegedly defamed people brought their actions in the ACT because it was the jurisdiction seen to be most friendly to plaintiffs. The law itself, until July 1, was the toughest in Australia for defendants. The track record of the ACT Supreme Court reveals a marked reluctance to find for media defendants and a record of general generosity to plaintiffs. Moreover, the fact that the ACT – with rare exception – does not have juries means plaintiffs who might not cut well with juries prefer to come to the ACT to sue – even if they are suing publications based in other places. Politicians, senior public servants, lawyers and other professionals invariably chose the ACT where they would not have to face a jury of ordinary people who would be more likely to view them with disfavour. It meant that the ACT defamation list was much longer than it should have been – imposing un unwarranted burden on the ACT courts and ACT taxpayers.
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2002_07_july_leader13jul democrats

The festering conflict in the Australian Democrats has come to the surface again. The conflict arises out of political philosophy, organisational rules and personality clashes. The first two are long-running and only controllable if the last is absent. As soon as personality clashes arise in the party, the conflict over political philosophy and unstable organisational structure inevitably compound the problem.

On the question of political philosophy, the Democrats are the most democratic of Australia’s political parties. The membership has a huge say in policy. However, the parliamentary team which implements that policy has a large say in how the Democrats aims are best achieved. In doing that each Democrat senator puts her or his philosophic stamp on that. The Democrats generally take a small-l liberal approach on social issues. In that the party is general united. The so-called conscience issues do not cause the Democrats the strife they cause the major parties. The strife arises when the party deals with economic issues.
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2002_07_july_leader12jul africa

It was significant that among the first to offer help and welcome to the new African Union was the European Union. For those might scoff at the idea of the African Union having any chance at achieving even part of its lofty aims to secure peace, good government, prosperity and human rights in Africa, the European experience is worth considering.

At the end of World War II, Europe was in tatters. The war had killed 10 per cent of its population and left its economies in ruin. In the years before the war, despotism, dictatorship, breaches of human rights, economic depression and exploitation of minorities were the norm and an population explosion was about to happen. Also half of Europe was to remain under dictatorship for more than 40 years after the war. In short, Europe was then was much like Africa is now.

The task is not hopeless for Africa, even though there are obvious differences.
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2002_07_july_leader10jul immigration

NSW Premier Bob Carr is quite right to express concerns that any increase in Australia’s family and business migration would put an unnecessary strain on Sydney. Regional centres are crying out for more people. Some have had declining population and they have blamed that – rightly or wrongly — for a decline of services and business activity. Mr Carr, on the other hand, points to growing population pressures in Sydney, particularly horrendous traffic problems.

Various schemes have been proposed to attempt to entice migrants out of Sydney. Immigration Minister Philip Ruddock has suggested rules to prevent migrants sponsoring family members to Australian until they could show they had established themselves outside Sydney. Another suggestion has been to give business migrants temporary visas until they get their business up and running in a regional area. Another idea put by Mr Ruddock was to give preferences among people who have studied in Australia to those who studied in a regional centre.

These ideas have some merit because once someone gets a job or establishes a business they are much less likely to drift to the city – particularly a city like Sydney where house prices and prohibitive and commuting costs – in time and money – would make a move less attractive.
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2002_07_july_leader09jul labor ranks

The proposal by former Labor Industry Minister John Button for the Labor Party to sever it formal links with the union movement has drawn widespread condemnation within both the party and the union movement. No doubt it has also caused a certain amount of glee in Coalition ranks – happy to see internal wrangling in Labor distract the party from the main game.

The fact that Mr Button’s plan has drawn such deep and wide negative reaction is perhaps a vindication of what he is saying. It indicates that the influence of the union movement is so strong in the Labor Party that no-one would countenance it being weakened. Opposition Leader Simon Crean has already got into strife for proposing a change to the 60-40 rule under which unions get a majority of voting strength at party conferences.

Mr Button quite rightly points to the lack of democracy and participation that the rule brings. It gets more undemocratic daily as fewer members of the workforce see unions as relevant and fewer members of unions feel they have any effective say in union affairs. Union membership is now slightly less than 10 per cent of the workforce – and the percentage in Labor-affiliated unions is perhaps only half of that. And the percentage of those who are members of the Labor Party would be minuscule. Indeed, former Labor Senator Chris Schacht thought that the Adelaide Crows Football Club had more members than the Labor Party. That small number has a large influence on pre-selections. It indicates that a very few unrepresentative people are have a large say in the party’s (and nation’s affairs).
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2002_07_july_leader08jul ais road

Serious doubt has arisen about where, or even if, an extension to Gungahlin Drive should be built. It arises out of new preliminary research done by the Australian Institute of Sport. Several conflicting interests are at stake. The people of Gungahlin are desperate to get improved transport to other parts of Canberra. The people of the inner north are concerned that no freeway should cut through bushland near them. The Australian Sports Commission which has charge of the Australian Institute of Sport is concerned that a freeway close to the institute would affect athletes’ training and thereby the future of the whole institute.

Two governments have a role. The role of the ACT Government is to propose and give effect to transport options for the people of this city. The role of the Federal Government is twofold. First as custodian of the capital city for all Australians it must ensure that the major transport systems within it are workable and to make sure that the significant national interests in it are protected – in particular the preservation national capital open space system that ensures rampant development does not crawl up the hilltops as in many other cities. Secondly, it has a role to look after the interests of the major national institutions that reside in Canberra – including the Australian Institute of Sport.
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2002_07_july_leader04jul religion

ACT Education Minister Simon Corbell’s foray into the question of religion in schools displayed remarkable political and social naivety. Mr Corbell issued a draft Bill for discussion which would have prohibited religious instruction in school hours, though permitting it on school premises out of school hours. He may well be right in principle, but in bringing the question into the open he was bound to stir up so much passion and emotion that his aims would inevitably be defeated. At least he had the good sense to withdraw before he damaged himself, the Government and education in the ACT any further. But the alacrity with which he withdrew was proportional to the folly of the foray in the first place.

The principle that Mr Corbell was espousing had some merit. A distinction must be made between religious instruction and religious education. Religious instruction is where a minister of religion or other person with the mantle of a religious organisation instructs students in the dogma of that religion. Religious education, on the other hand, is teaching by members or of the ordinary teaching staff about the various religions and their role in society. The distinction is a fair one. Some parents might well take exception to their children being instructed in the dogma of any religion at all or being instructed in the dogma of a religion they did not agree with. They might quite reasonably think that it is difficult enough to keep up with the three Rs in the limited school hours without some of that precious teacher-student time being taken by religious instruction. Mr Corbell has a point when he says that public education should be secular.
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2002_07_july_leader03jul accc

The chairman of the Australian Competition and Consumer Commission, Professor Allan Fels, has called for tougher sanctions – including jail terms — against executives who break the Trade Practices Act.

In principle, he has a very good case. Large fines and civil payments are not sufficient deterrent, particularly if they are paid by the business – directly or indirectly – rather than the erring executive. Professor Fels’ call comes in a submission to an inquiry being chaired by former High Court judge Daryl Dawson.

The call comes after a concerted attack on him and his commission by a number of chief executives of large businesses – banks, airlines and oil companies. They have asserted that the commission and Professor Fels have gone too far in maligning big business before it has had a chance to defend itself. Professor Fels has a strong media presence. He knows how to use the media. But he is always careful with his comments – often couching them in terms that whatever current deal or conduct is in the public eye “”might” face difficulties with the Trade Practices Act and then going on to the abstract level of what the Act requires. He refrains from pre-judging deals and conduct. Rather he warns. However, it can lead to some members of the public jumping to conclusions. Moreover, it leaves big business in a difficult position. They are easy targets because the public and small business often see them as the enemy. Any defence, therefore, is likely to be seen as protesting too much. The ACCC has all the armoury. It has a well-staffed commission and any Act that is laced with such wide definitions that it is easy to assert that a lot of business conduct “”might” come within it. In that environment even big business has to tread warily and accept that it is often easier to compromise and adapt business arrangements in line with the ACCC’s view of the world rather than run long and expensive court battles with an uncertain outcome.
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2002_07_july_leader02jul insurance

Doctors in Queensland should not have taken effective strike action yesterday nor should ACT doctors have taken leave. For a start, the Queensland Government had already enacted some tort-law changes that would meet some of their concerns and the ACT Government had introduced a guarantee. Also, there is a meeting of Treasurers next month to map out some national changes, so there is a high degree of recognition of the problem.

Much of the difficulty with rising public indemnity premiums has nothing to do with a sudden rise of claims. Premiums have suddenly gone up throughout the industrialised world. The difficulties have occurred because insurance companies were doing well on the investment front for a long time and could therefore subsidise premiums in order to meet competition in the market and to retain or gain market share. Now investment returns have weakened and the companies that caused much of the competition with unsustainable premiums have gone broke, leaving room for big premium increases. There has also been a rise in reinsurance costs after the September 11 attacks in the US, not only because of the events themselves but also the increase in estimates of future risks they caused.
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2002_07_july_implosion anniversary

It was a typical cold, Canberra July day – sunny with a sky that ached blue. It was five years ago today.

But this day was not going to be typical. The memory of it was going to be hard-wired into the brain of all who were there.

It was not like the big international news stories: everyone knows where they were when JFK was shot or where they were when they heard about the death of Princess Diana. We all know (ital) where (end ital) we were. The linking fact was how we felt. The transition of our feelings.

Five years ago today the Canberra Hospital was imploded to make was for the new National Museum of Australia. The implosion went terribly wrong. Bits of steel shrapnel escaped the carefully laid barriers, mounds and fences, splattering into Lake Burley Griffin.

As nearly a hundred thousand people were going “”Wow. Amazing. Fantastic” one piece of metal, weighing nearly a kilogram shoot across the lake and hit 12-year-old Katie Bender in the head, killing her instantly.
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