1992_10_october_film

Going it alone in the employment world can be very tough. It can also be very rewarding. People in film and television have learnt this over the years.

Lyndon Sayer-Jones, who writes a column for Encore, the Australian film industry’s trade magazine has just published a book on the law on film and television: Law Brief. The Australian Film and Television Industry in the Nineties.

The industry is laced with traps and pitfalls, not only legal ones, but practical ones.

In a normal week, the book would have limited interest. This week, it has wider appeal. The Opposition spokesman on industrial relations, John Howard, has just released IR II the sequel to IR which did not do so well at the ballot-box office in 1990.
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1992_10_october_eleclaw

Saving the trees is important. However, the computers that were to save paper (remember the paperless office) have combined with the fax machine and photocopying machine to cause an outpouring of paper enough to wreck our balance of payments.

So every attempt to save paper must be welcomed. One has arrived this week: The Electronic Law Book Series.

The trouble with the law, of course, is that Parliament is forever changing it or adding to it. In the five years to 1990 it enacted 17,907 pages of legislation. Moreover, we poor electors are deemed to know the law.
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1992_10_october_dodson

The processes of the Council for Aboriginal Reconciliation would just give a warm feeling from holding hands and singing songs, a former head of the Federal Department of Aboriginal Affairs, Charles Perkins, said yesterday.

He said the real question was “”who owns this land in the first place”.

He was speaking at a conference on Constitutional Change in the 1990s in Darwin.

He called for immediate talk of sovereignty, national land rights and a treaty. These issues had to come first, he said.
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1992_10_october_dodper

The director of the Northern Land Council, Mick Dodson, called yesterday for a separate Aboriginal government with direct relations with the Federal Government.

The idea was rejected as preposterous by the Northern Territory Chief Minister, Marshall Perron.

Mr Dodson said the education, health, housing, municipal services, roads, power and water services provided by the Northern Territory were not the sort of services Aboriginal people wanted.
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1992_10_october_croc

Crocodiles are good for tourism and tourism is good for the crocs. They add an excitement, danger and exoticism for overseas travellers, especially Americans, without the discomfort. There’s nothing like viewing a fearsome, dangerous crocodile in Australia _ a country where they speak English and you can drink water out of the tap. All the excitement without the discomfort of Africa.

Moreover, force is added to their travel stories back home in Winslow, Arizona, by the fact an American tourist was actually killed by one.
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1992_10_october_column26

The Labor Party had done it, there would be screams that the socialist hordes were at the gates ready to rip the fabric of society asunder.

But if it is proposed by the conservative parties, it raises hardly a murmur.

I am talking about John Howard’s Jobsback proposal to set up a Federal bureaucracy (the Office of Employee Advocate) to meddle in the traditional way freedom of contract is upheld in the common-law courts: which allows the rich to hire lawyers so the poor and the oppressed get done.

Is this not like the Office of Race Relations or a Sex Discrimination Commission going into to bat for the oppressed non-WASPs?
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1992_10_october_column19a

The ACT Government has to be concerned about the High Court’s ruling in the X-rated video case last week, at least in the long-term.

In the short-term it is of little moment. The tax can be quite easily restored.

But first let’s look at what the court said. Section 90 of the Constitution says the power of the Federal Parliament to impose excise is an exclusive power. That means State and Territory Parliaments cannot levy excise taxes. But the precise definition of excise has troubled the High Court for the past 80 years.
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1992_10_october_column12

Lanhupuy is the Member for Arnhem in the Northern Territory Legislative Assembly. As an Aboriginal representing many traditional Aboriginal people and a member of a Westminster-style law-making body he is in a good position to talk about the application of the two different sorts of law.

“”In Aboriginal eyes, European law meanders like a river on a flood plain that has no barriers to constrain its flow or direction,” he said in Darwin last week. “”Although we can see merit in having a law that can adapt to changing circumstances, it is in complete contradiction to Aboriginal law and custom, where practices and beliefs have carried on for many thousands of years in much the same way.”

Aboriginal society “”has a complex and intricately developed set of laws and a cultural relationship which is based not only on the individual, but also the family and community.”
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1992_10_october_column5

Dawson is now in a minority of one on a High Court Bench on a fundamental constitutional question: the location of ultimate sovereignty in Australia.

Dawson’s approach is the classic legalistic one. He says the power and authority of the Constitution comes from the British Parliament, not the Australian people.

In the broadcasting-ban case last week he said: “”And the Constitution is itself a law declared by the Imperial Parliament to be “binding on the courts, judges and people of every state and every part of the Commonwealth’. It does not purport to obtain its force from any power residing in the people to constitute a government. The legal foundation of the Australian Constitution is an exercise of the sovereign power by the Imperial Parliament.”
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