1993_05_may_mabostat

The Prime Minister, Paul Keating, came face to face with indigenous people in New Zealand _ literally. It was part of the traditional Maori greeting.

He is also coming face to face with the question of native land title in Australia. While in New Zealand at the weekend he said legislation would underpin the Mabo decision, but in co-operation with the states.

Co-operation with the states is not only the courteous thing to do; it is in fact essential. Legally and constitutionally, the Commonwealth cannot act alone in dealing with Mabo, at least not satisfactorily.
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1993_05_may_mabo

The Australian Government should go as far as possible in meeting sweeping Aboriginal demands over Mabo because it will only face litigation if it does not, according to departmental advice.

The departmental advice for ministers on the Government’s Mabo committee was obtained by The Canberra Times yesterday. It comes after Aboriginal groups met the Prime Minister, Paul Keating, on Tuesday and presented a list of demands. They were not made public at the time.

The demands include a veto over any new grants (by sale or lease) of Crown land in Australia and recognition in the Constitution of Aboriginal prior ownership.
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1993_05_may_lease

A North Canberra redevelopment which has come under fire in the Federal and ACT Parliaments has been withdrawn and will be redone, it was announced yesterday.

The joint private-ACT Housing Trust redevelopment in Torrens Street, Braddon, was to have drawn Federal Building Better Cities money and be a model for inner-city redevelopment, however, it was condemned by the Canberra Conservation Council and several leading community groups for poor solar-energy use, privacy and other problems.

The Minister for Land, Environment and Planning, Bill Wood, told the Assembly that the developer had advised the ACT Planning Authority that a revised proposal was being investigated “”which will seek to achieve better solar orientation and streetscape”.
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1993_05_may_leader22

THE new Territory Plan brought presented to the ACT Legislative Assembly is a commendable piece of work. It is not only a sound basis for future development of the non-national parts of the territory but it also a significant milestone in the maturing process of self-government.

Self-government has been roundly derided in the past four years and the derision has been supplied with ample ammunition. That ammunition has ranged from the ludicrous electoral process and the Sun-Ripened Warm Tomato party to the Speaker being bitten by a monkey in Thailand. After this week’s plan, that nonsense can surely be put behind us.

The plan was the product of a committee comprising Labor’s David Lamont (chair) and Annette Ellis, Liberals Trevor Kaine (deputy chair) and Tony de Domenico and Independent Helen Szuty. Politically differences (internal and external) were obviously put aside to come up with a plan for Canberra.
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1993_05_may_leader18

THE Federal Attorney-General, Michael Lavarch, appears to be a brave man. The Malaysian prince and chauvinist judges aside, he has now called for uniform national defamation laws. Good luck.

Defamation law reform is like the road to hell: paved with good intentions. An Australian Law Reform Commission attempt faltered in the mid-1980s. In 1990 an eastern-states attempt begun by the Queensland Attorney-General, Dean Wells and the then NSW Attorney-General, John Dowd, has faltered.

Mr Lavach’s call makes sense. He said all the obvious things that people have being saying for two decades without anything being done. The absence of a uniform law made it “”very difficult” for the media, he said. Australia had a national media and should have national laws. It was strange that a statement could results in a damages payout in one state and be allowed in another.
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1993_05_may_leader14

THE issues paper published this week by the Republic Advisory Committee makes two things plain. The first is that any change to a republic cannot be achieved merely by crossing out the words “”Queen” and “”Governor-General” and inserting “”President”. It is more complex than that. The second is that given that it is a complex matter, the Federal Opposition better stop its internal bickering and get involved in the process.

The issues paper is a clearly written statement of the minimalist dilemma. At present the Governor-General is, in effect, appointed and dismissible by the Prime Minister. The Governor-General has wide stated powers: to appoint and dismiss ministers, including the Prime Minister and to dissolve the House of Representatives an call elections. But those powers are exercised according to unstated conventions. Moreover, if the Governor-General looks like over-stepping the mark, he or she can be dismissed by the Prime Minister. If you have a President selected and approved by some other method (such as by Parliament or directly by the people) and dismissible only by some other method (such as Parliamentary vote), then the powers of the President are exercised from a higher platform than the Governor-General. If, in the pursuit of minimalism, the powers of the Head of State are left as is, then by default the President would get very wide powers indeed, and have a firmer base upon which to exercise them. That firmer base would be the mandate obtained by whatever the head of state’s election process is and by the security of tenure obtained from the more onerous process of the head of state’s dimissal.
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1993_05_may_lawclaim

Claims and insurance premiums for lawyers’ professional negligence are rising sharply, according to figures published yesterday.

One of the main reasons appears to be financially tough times causing people to seek a scapegoat and more lawyers advising people to sue other lawyers.

Often solicitors are being sued after financial institutions seek to sell up a house. People say the witnessing solicitor did not explain the documents. Women, particularly, are saying that at the time mortgage documents were signed, “”the solicitor spoke only to my husband, virtually ignoring me”.
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1993_05_may_kingo

Misuse of residential areas for business on the fringes of the present Kingston and Manuka business areas should no longer be tolerated, the Assembly’s planning committee warned yesterday.

The Planning Development and Infrastructure Committee said recommended that the Government police land use in Kingston and Manuka and not permit office and business uses outside existing business leases unless people went through proper planning processes.

The clamp-down was one of 11 recommendations of the committee in presenting its proposed Territory Plan.
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1993_05_may_isys

Get me a copy of that letter we sent to Jones about the car insurance. Now A fairly typical demand in any office.

“”Some months ago I wrote an article about buses using ethanol. Can you dig it out for me? I need it yesterday.”

A fairly typical inquiry of a newspaper library.

Now scurrying through paper files is at and end. Instead full-text electronic searching is here with a program called ISYS. Another document-finding program, Sherlock, has also come on to the market. Sherlock is not very good, but it is cheap. ISYS is stunning. So is its price.
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1993_05_may_housead

A Charnwood woman says her privacy has been invaded by a real-estate agent after she advertised her house for private sale.

Mrs Elizabeth McGee said yesterday that she had advertised in üThe Canberra Times@ for private sale, giving only her phone number and a brief description of the property. There was no name or address.

Several days later she got a letter in the mail addressed to her by name, with a mock-up display advertisement with a photograph of her house, its full address and a description. The letter, from Raine and Horne, Belconnen, said it respected her wish to sell privately and wished her luck, but if unsuccessfully it offered marketing skills to sell her house.

Mrs McGee said they should have asked permission to take the photograph and that she was uneasy about how they got her name and address from just a phone number.

Russell Hardy, from Raine and Horne, said Mrs McGee’s was the only complaint. Others had sought his marketing help after getting the letter.

He got names and addresses from phone numbers through a commercially available, computer-based reverse telephone book. The photographs were taken from the public street.

He preferred to show his initiative and marketing skill through the mail rather than harass people over the phone. People who did not like his letter could just throw it away.

The federal Privacy Commissioner, Kevin O’Connor, has on several occasions expressed concern about use of computer databases.

His concerns centre around using databases for purposes different from the purpose for which the person gave the information.

Mrs McGee said she gave an entry to the phone book so people could find her phone number who already knew her name, not so “”any Tom, Dick or Harry can get my name and address from my phone number”.

The executive director of the Real Estate Institute of the ACT, Bruno Yvanovich, said it was something he had not come across before and the institute had yet to formally consider it.

Agents could not be blamed for using a commercially available product and were entitled to take photographs from public places. However, he could understand Mrs McGee’s unease. Agents had to respect privacy and feelings.

“”They haven’t got carte blanche,” he said.

However, agents had to get stock and “”that sort of prospecting is part of commercial life”.

It was a fine line between congratulating the agent on his inventiveness and expressing privacy concerns.

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