Month: August 2004

A majority of the High Court held that the Commonwealth Parliament could legislate for the indefinite detention of asylum seekers and that the Government could use that legislation to lock up indefinitely without trial or charge an alien who had not been granted a visa and could not be deported because no country would have them.

Several people are in that situation now. They have agreed to leave and want to leave, provided some country can be found to take them. None will, so the Government’s proposition is that the law allows them to be locked up indefinitely.

Four judges said present law did exactly that and the Constitution would not prevent it. Two other judges said there was some ambiguity with the present law, but if new unambiguous laws were enacted the Constitution would not prevent indefinite detention.

Only one judge, Justice Michael Kirby, said the Constitution would prevent indefinite detention without charge or trial.

Forget for the moment that the people being dealt with are refugees. Surely, it should be unacceptable to the Australian community that the Government could lawfully hold anyone in detention for the rest of their lives without charge or trial.
Continue reading “2004_08_august_oped detention”

Independent MLA Helen Cross has the laudable aim of reducing illness and death from exposure to asbestos.

To that end she proposes that whenever a dwelling is sold in the ACT an asbestos report be contained as part of the building report that sellers must give to potential buyers.

The Assembly very sensibly sent her Residential Property (Awareness of Asbestos) Bill off to a committee.

Who knows? A committee might recognise is as the Election Looming (Awareness of Independent Seeking Publicity) Bill.

Cross intends to rally some asbestos victims to the public galleries, including Bernie Banton, the asbestosis sufferer who attended the commission of inquiry into James Hardie Industries.

How easy it is to latch on to an emotional issue. The damage asbestos has done in Australia is horrific, and the attempt by James Hardie to evade responsibility is appalling. But that does not mean every proposal dreamt up by any politician has any merit or will do anything to help victims or prevent future cases.

Cross said, “If this Bill doesn’t go through, people could still be dying in 20 years’ time from asbestos-related diseases.” Well, if the Bill DOES go through, people could still be dying in 20 years’ time from asbestos-related diseases.
Continue reading “2004_08_august_forum for saty aug 21 asbestos”

Elitism was the downfall of the Keating Government. In 1996 that Government was seen as unaccountable; as knowing what was best; as ignoring the views of “ordinary” Australians, whoever they might be.

It was a fair call. In our democracy, the views of the “ordinary” Australians – the voters – are paramount. For Paul Keating and some of his ministers to say, “Look, we really know what is best for you, don’t worry about what you think, trust us,” is condescending. It is an open invitation for voters to say, “Thank heavens we get a chance to vote you lot out of office before you go one step further and say, ‘Trust us, there is no need for any more free voting’.”

Keating used executive power. He spent large amounts of taxpayers’ money to notionally inform people about Commonwealth programs, but really to propagandise about “wonderful” things his government was doing which warranted their voting for him. The voters thought otherwise.

The Keating experience shows that the arrogance of power and the sheer elitism of presuming to know what is best for a country are the ingredients of the loss of that power. It is almost like a law of physics.
Continue reading “2004_08_august_forum for saty 28aug iraq elites”

The Statute of Monopolies was passed in England in 1623.

Nearly 400 years later its basic tenets remain intact in our patent law. The very law that deals with technological changed has remained in substance unchanged.

Before 1623, the King granted monopolies to his cronies in whatever field of trade in whatever geographic area he saw fit – corn in Norfolk, leather in Essex and so on. Enough, said Parliament. There would be freedom of trade and manufacture. But to encourage innovation a monopoly “for the term of 14 years [would] be made for the sole working or making of any manner of new manufactures within this Realm to the true and first inventor”, but such monopolies should not be “contrary to the law nor mischievous to the State by raising prices of commodities at home or hurt of trade”.

Another important element of a the Act was that the patent applicant had to make the details of his invention public, so that after the 14 years exclusivity it would be open to anyone to manufacture the invention. That was the trade-off. The state gave protection for exclusivity for a time after which the public would benefit because the invention was public property.

It is now 20 years, but the same questions of novelty, raising prices, and hurt of trade face us with pharmaceuticals and the US-Australia Free Trade Agreement.
Continue reading “2004_08_august_forum for saturday fta”

A Governor. That’s what we need in the ACT. That is the critical part of the ACT political system that is so necessary and yet so missing.

It is difficult to imagine how we have done without one in these 15 years since self-government.

Anyone designing a wholesome political system would start with a Governor and work their way down.

The Tasmanian model is instructive because, Tasmania, like the ACT has the Hare-Clark system of elections, with the likelihood of frequent minority governments. Who better than to arbitrate between which side of politics should govern than an independent person like a Governo

A glance at the pedigree and history of the position of Governor (and Governor-General for that matter) reveals how pertinent and relevant it is to today’s political system.
Continue reading “2004_08_august_forum for saturday a governor”

Labor’s proposal for local content on radio and television (unlike its pharmaceutical changes) are effective and important because of the wording of the Free Trade Agreement.

They are certainly not superfluous.

Present rules and the FTA allow for 55 per cent local content for programming and 89 per cent for advertising. That is the cap. The FTA requires that if they are ever reduced later they cannot be raised again. It is called ratcheting down.

At present the level is set by the Australian Broadcasting Authority. The authority could cut the levels and the Government or Parliament could not restore them without facing penalties under the FTA.

Labor wants the present levels legislated, so only Parliament could lower them.

The Government says that legislating the existing levels is superfluous, so as it does not matter the Government will go along with it.
Continue reading “2004_08_august_breakout forum for saty aug 7 local content”

This black swan nesting on the shore of Lake Burley Griffin provided plenty of interest for Canberrans and tourists yesterday. Black swans (Cygnus atratus) – subs: cap C and lower case a – usually nest in June and July. This one has the lake’s stone embankment to protect it from the winter westerlies and has a splendid view to the National Library. Black swans usually lay between five and eight eggs which take about 35 days to hatch. The swans will defend their nest, eggs and young ferociously and will not hesitate to attack humans who come to close.

The cygnets stay with their parents for nine months. Usually only one or two of the five to eight hatched will survive. Black swans mate for life. The female does most of the egg sitting while the male protects, but the male does some sitting. The cygnets swim almost immediately after hatching, but they are easy game for predators when they are small and the parents have too many to protect.

Black swans are native to Western Australia but they have been taken throughout Australia and New Zealand and even in the northern hemisphere where they have established themselves.

On the Canberra coat of arms the black swan represents the indigenous population and the white swan the European settlers.