Crispin Hull

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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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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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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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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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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ACT Liberal Leader Gary Humphries has lost the support of a majority (if not nearly all) of his colleagues, but there will not be a leadership spill because it suits most of them to organise a more seamless exit around the contest for the ACT Senate seat if Senator Margaret Reid retires.

Mr Humphries would not comment on the numbers yesterday. Nor would he state formally his position on the move to the Senate because he said there was no vacancy at the moment.

The Deputy Leader, Brendan Smyth, said yesterday that all comment about the party room should come from the leader.
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The Australian Institute of Sport would be forced from Canberra if the extension to the Gungahlin freeway goes ahead, according to the institute’s governing body.

Mark Peters, the chief executive of the Australian Sports Commission, which administers the AIS, warned yesterday that national and international sports bodies would not come to the Canberra site because of pollutants from the freeway.

Until recently, the commission accepted the eastern route for the freeway as the lesser of two evils, but a new study has revealed that the eastern route has potentially as many air-pollution problems as the western route.
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We have some national and international treasures in Canberra. The treasures are rare, if not unique.

Omen thing that is neither treasure nor rare is the freeway. A freeway is a strip of black asphalt or cement four, six or eight or more lanes wide down which cars and trucks hurtle down. They appear in cities throughout the world. There are only two types: left-hand drive and right-hand drive.

Among many treasures in Canberra are two. One is ninety years old this year and the other is a young adult of just 21 years, but a treasure nonetheless.
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The judges do not see it like Freddie Mercury who said in the lyrics of the great Queen song Bohemian Rhapsody, “”I sometimes wish I’d never been born at all.” For the judges, a comparison between of the value of non-existence with the value of existence in a disabled state is an impossible exercise.

The logic and law of the dismissal of the “‘wrongful life” cases in NSW this week were compelling – so compelling, in fact, that they show how inadequate the adversary system of law is in dealing with these cases of human suffering.

Three cases – the first of their kind in Australia — were decided by Justice Timothy Studdert. One baby was born with a genetic after a vasectomy failed. Another was born with a genetic defect after IVF treatment and the IVF program failed to screen and advise. The third was born with severe disability after the mother had rubella (measles) in pregnancy. The mother told her doctor about a rash and doctors failed to diagnose it correctly. In each case the babies sued for wrongful birth. The parents are also suing and their cases are pending.
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