Being Aboriginal !

During the first half of the Twentieth Century many people with Aboriginal blood in their veins went to great lengths to hide their Aboriginality.  At that time Indigenous Australians were not counted in the census and could not get a passport or vote in elections.  We simply erased them from our thoughts as if they didn't exist, and yet they enlisted in our armed forces and fought in every war since the arrival of the first fleet.   We accepted them as soldiers when we needed them, but to our shame - when that war was over they were not entitled to repatriation benefits, allowed to march in victory parades - or made welcome in RSL clubs.

All that changed on May 27, 1967 when Australians went to the polls to vote in a referendum to recognise our Indigenous people as Australian citizens, and 90.77% voted " Yes  " in all the six states. Despite the totality of that decision it has been a long slog uphill for Indigenous people to claim their place in our society and that way has been littered with names like "Wave Hill Station "," Mabo "and "Everleigh Street, Redfern ".

Once again an issue has arisen that splits the reaction of those that witnessed Adam Goodes performing what he called a "war dance " when he scored a goal in a game of Australian Rules football between his Sydney Swans team and Carlton.   Goodes is a former Australian of the year and is a star of the Sydney Swans.  He takes racist remarks very seriously. He has been booed when he scores and he has pointed out offenders when he has been referred to as an "Ape " or an "Abo ".Unfortunately we have some citizens who judge a person entirely on the colour of their skin.

Perhaps we should draw a comparison with our sister state across the Tasman.  The original inhabitants of New Zealand were the Maoris - and they are very proud of their aboriginality.  When the "All Blacks " take the field in competitions the Haka is performed as an expression of who they are - and where they are from !   New Zealanders of all creeds and colours respond to that "war cry " with affection.

It is becoming apparent that the Australian Rules code of football is making inroads into the remote regions of Australia and is finding favour in Aboriginal communities - and attracting Aboriginal players who are steadily getting promoted to inclusion in city club teams because of the skills and ability they develop.  Similar moves are happening in Rugby League and Soccer.

We are also seeing the creation of Australian Rules teams composed entirely of people of Aboriginal extraction and perhaps Adam Goodes impromptu " War Cry " may be the start of some sort of  Australian version of the Haka !   It is the custom of Australian Rules clubs to sing the official team victory song at the successful conclusion of a game.  All such customs need to have had a starting point and Goodes is clearly a leader.   He may have started something that will develop national characteristics.

Colour prejudice is a world wide problem that is impossible to legislate out of existence.  Just a few decades ago many sports and many careers were closed to all people of colour.  Pioneers broke through that colour barrier - often at great personal cost and today we live in a more accepting world, but personal colour prejudice remains deep in the soul of many people.

It will take the passage of time to mute the automatic reaction of some when they see a black face achieving fame on a sporting field.   Fortunately, that outcome is eventually inevitable !

"Stop and Search " Law !

It's becoming a familiar sight in the street leading to music festivals or at railway stations serving dance festivals.  Travellers are greeted by the sight of a large number of police moving through the crowd with leashed dogs - and when a dog shows interest in someone they are required to empty their pockets and be patted down with a body search.  Handbags or backpacks are emptied and thoroughly searched - and sometimes a victim is led away in handcuffs.

Welcome to the drug world - and it's main enemy, the "sniffer drug dog  ".  Dogs have a sense of smell far superior to any human nose and they are trained to detect the full range of illicit drugs.  All the mail and small parcels coming into Australia through the postal system face this test and it has a proven record of exposing concealment in many devious forms.  Along with the X-ray machines, drug sniffing dogs are our first line of defence in the drugs battle.

The Greens are proposing to introduce a law amendment to require the police to obtain an individual warrant before conducting a search based on the findings of a sniffer dog.   They claim that being searched in public is humiliating and that somewhere between two thirds and three quarters of such searches reveal no wrongdoing.  In particular, this is an impost on patrons visiting clubs and pubs in the city, and travellers entering Australia at airports.

The police produce a different set of statistics.  Last year they conducted 14,000 individual searches in New South Wales and 3,800 of them resulted in the person searched being charged with a drug offence.  At one such event attracting young people a drug courier was arrested with 205 ecstacy pills and another carrying 190.  Had these come from a "bad batch " the outcome at that dance festival would have been catastrophic !

Those police figures are certainly interesting.  The success rate shows that of the 14,000 searches conducted, 10,200 were on people who were not carrying drugs - and that is rather disturbing. In many cases the drug the dog detected was probably Marijuana and that person may have been in proximity to a person smoking "Pot " and had their clothing infected with the smell - or may be a casual user whose past use alerted the dog.

The drug scene has certainly changed, but detection is still directed at training sniffer dogs to look for the whole drug spectrum.  When a person is caught with a small amount of Marijuana the most likely outcome is now a caution - and there is a good chance that legal medical Marijuana will soon be a reality.  We might be wise to train the next generation of drug sniffer dogs to ignore Marijuana and concentrate on the opiates and drugs like Ice that are doing the main health damage.

Marijuana is widely used in the community and it is verging on the fringe of legality.  We still go after both the growers and the importers, but ordinary users are no longer high in the sights of drug enforcement.  The fact that sniffer dogs continue to look for Pot is probably the main reason for the high failure rate in drug searches - and stopping and searching 10,200 innocent people really is an embarrassment  !

This Greens proposal to require a warrant to conduct any sort of street drug search would entirely close down the screening for drugs at public events - and would be welcomed by the illicit drug industry. One of the problems is the emotional aspect that applies to drugs.  Any attempt to rationalise the drug laws brings howls of "soft on drugs "  criticism and the police are stuck with enforcing out of date laws.   The failure rate in detecting drugs with sniffer dogs is a prime example of why we need both a law revision and a new approach to drug policing.

The reverse of that  " If it aint broke - don't fix it ""applies.   It is broke - and it needs fixing !

Inheritance Battles !

Australia has been fascinated by the battle between this nation's richest woman and some of her children over control of an inheritance vested in those children by the late mining magnate Lang Hancock.   The original deed of inheritance decreed that control would pass to the children when the eldest - Biaca Rinehart - turned twenty-five in September, 2011.

Legal moves changed the goal posts and resulted in bitter acrimony.  One daughter - Gina - sided with her mother and another - Hope Welker - withdrew from the case after receiving part of her inheritance, leaving Bianca Rinehart and her brother John to pursue the matter in court.

This week Bianca won her battle in the Supreme court when a judge found that she could "robustly " stand up to her mother and that any independent trust administrator would be under pressure to adhere to her mother's wishes.  There is now an expectation of appeals and  that further action may see this matter finally decided in Australia's High Court.    Legal fees are not a deterrent when this decision puts an inheritance of four billion dollars at Bianca's disposal.

Unfortunately, the Rinehart battle is a mere microcosm of battles that are taking place in countless Australian court rooms as relatives fight over the distribution of wills.  The notion that when a person made a will that was the final disposition of whatever estate remained after his or her death has been turned on it's ear.  We are now finding that most judges and magistrates are prepared to "second guess " the terms of wills - and award the distribution of assets entirely as a matter of personal judgement.

Lang Hancock is probably turning in his grave.   He was a giant of the Australian mining industry and it was his discovery of iron ore in Western Australia that created a commodity export boom that saw us sail through the 08 recession in better shape than the rest of the world.  He was a self made man - and he expected his orders to be carried out without question.   There is no doubt about his intentions when he made his will.

What has emerged in legal circles is a new way of thinking about the rights of living beings to decide how and to whom their assets will pass on their death.  A century ago that was absolute, but today the judiciary has given itself the right to interfere.  A person may have had a very good reason for excluding a person from their will, but the court will now over ride the deceased wishes and will simply apply  "social thinking "  to that distribution.  In many cases,  that same social thinking will be influenced by either the religious beliefs or the political persuasion of the person sitting in judgement.

To complicate matters, the legal industry sees wills as a new source of income, which some will see as a form of prostitution of ethics.  Legal firms advertise in newspapers by suggesting that they specialise in "righting wrongs " and will deliver "justice " to those left out of a will.  To entice customers through their door, many promise the action will be on a "No win - No fee " basis.  Of course there is no mention of the fact that if a loss results in the other parties costs being found against the appellant - the attorney will walk away whistling Dixie !

There is also another aspect of "No win - No fee " cases that many people consider abhorrent.  Many lawyers agree to take the case on the basis of receiving a percentage cut of the rewards won if they overturn a will.   Invariably, this is far in excess of what they would charge in the usual client/lawyer scenario - and they only take cases they are assured of bringing to a succcessful conclusion.

Bianca Rinhehart's win will probably not be the end of the Hancock will saga and where billions are involved the legal battles will be little short of trench warfare.   Sadly, the ordinary citizen making a will and hoping that his or her intentions will be carried out upon their death can no longer have trust in the system.     Their instructions are now subjected to the decisions of others - and may completely reverse the intention of the deceased !

Written Off !

It must be sheer hell for the grandparents of five children whose mother willfully took them to Syria to be with her terrorist husband and who have been gleefully featured by Islamic State holding the severed heads of executed prisoners.  It seems that one fourteen year old daughter has been married off to a man seventeen years her senior who is the best mate of her father.

Now this family claims to have had a change of heart - and wants to return to Australia.  Not the terrorist husband, who it is claimed has bought a new wife from amongst the captured women slaves of IS for forty dollars, just the wife and the kids.   Apparently, living in a war zone that lacks the comforts and amenities of Australia was not to the liking of the wife and kids and they have had second thoughts - and that is a very dangerous thing to do when you are consorting with the type of people who execute waverers.

If they have had the good sense to be well clear of Syria before breaking cover they now face the obstacle of not being allowed back into this country, or facing court and an inevitable prison term for the wife for a breach of Australian law.   It may also be impossible to reintegrate these children into the Australian education system.   These young boys have become used to toting guns and threatening to behead captured prisoners in support of the IS cause.  It is highly probable that many Australian families will refuse to have them in the same classroom as their own children.

We are a tolerant race of people and there are some in the community who will urge forgiveness. In many ways, incidents like this are the perfect counter balance to the brain washing that IS cleverly presents on the Internet to seduce naive young Australians to join their cause.  If this mother and her children are allowed to return they will be a magnet for both the magazine industry and the television talk shows - and no doubt she will become instantly incredibly rich from the fees she can command. Her stories of horror and hardship may influence many others not to go and join the jihad - if she chooses to tell the truth about her experiences with IS.

That is the conundrum facing the government.  Basically, we are saying that anyone who willfully leaves Australia to join the jihad in the Middle East is written off as a citizen and will not be allowed to return - or if they sneak back into Australia they will serve time in prison for that breach of Australian law.   That opens an interesting legal can of worms when it comes to those with legitimate Australian citizenship.  It may take a law change to permit the cancellation of dual citizenship arrangements which apply to some from other countries and whatever we decide will certainly come into conflict with United Nations protocols.

Unfortunately, any decision to readmit those that have joined IS will deliver mixed results.  There is a very good chance that some will be hardened terrorists with the training to carry out bombings and murder here on their return.  We already have a hard core of radicals.  Adding terrorists who have undergone advanced training in bomb making and tactics will be welcomed by these groups - and pose a new danger.

The problem is that where returns involve a law it must widely apply, and in the case of  jihadists it would be best served by application individually after a lengthy investigation of each persons involvement in that jihad.  Some who were simply naive and misguided can probably safely be reintegrated but there are others whose indoctrination resists change and intend to wage holy war on this country.

Those grandparents who despair that their daughter and grand children will be able to return face an agonising wait.    They are stranded in a dangerous part of the world.   The children have been used as the poster children for jihad - and as such they are reviled and unwelcomed by the majority of people.    Their fate hangs in the balance - and awaits decisions yet to be made !

The Age of " Criticism " !

No matter what is proposed, you can be sure that a huge number of critics will crawl out of the woodwork and want to prevent it happening.  We seem to be living in the age of the "Nay Sayers " and the logic they usually apply defies all sense of proportion.

Since the end of the second world war we have faced ever growing traffic congestion on the Sydney road network.  Car drivers have been agitating for more roads while the Greenies demand that what we need is improved public transport.    Now that plans are underway to deliver both -  a massive number of people are hell bent on trying to stop both the installation of light rail and the West Connex arterial road system.

The latest argument against light rail being installed along George street in the CBD is travel time.  Some genius has calculated that the existing heavy rail trains will get you from Circular Quay to Central is just seven minutes - and you can walk that distance in about thirty minutes.   Critics howl that light rail will take -  shock - horror - a whole fifteen minutes.

Of course, there is one very big difference.  Light rail is the return of trams - and trams make constant stops to pickup and put down passengers.  Taking the train delivers far fewer options and most passengers face a long walk from whatever station to where they really want to go.

West Connex critics seem to think that improving the road system will just bring more cars into the city.  Roads are the very heart of the transport system and without commercial traffic the city would grind to a halt.  Across the entire world the most efficient cities are those that combine fast public transport and an efficient road system - in which one compliments the other and allows the individual a choice in transport needs.

Paying for much of these improvements relies on the lease of forty-nine percent of the poles and wires that underpin our electricity system - and it looks like that will need the vote of independent Senator Fred Nile to become reality.   The Senator is musing that perhaps he will insert conditions into that piece of legislation to safeguard the power workers jobs - and only allow a workforce reduction in numbers by voluntary redundancies.

That would have a very big effect on the price that could be obtained for the lease.  As a government instrumentality it is "feather bedded " outrageously and if efficiencies are blocked by legislation it's appeal would be limited.  We are promised reductions in the price of electricity and much of that will rely on our power system becoming more efficient - as has been the case in other states which have followed a similar leasing plan.

Perhaps the most ludicrous criticism is that flung at Agricultural Minister Barnaby Joyce for his threat to have two Yorkshire Terriers smuggled into Australia on the private jet of a Hollywood movie star euthanised if they were not removed from this country.

We maintain strong defences against exotic diseases and crop pests which could decimate our agricultural industry and offenders can face a fine of up to $ 340,000 or even a decade prison term. In particular, we are free of Rabies, which is common in the country where Pistol and Boo were previously living, and their import involved a deliberate intent to bring them into the country in defiance of our quarantine laws.

A senior official has termed Barnaby Joyce's threat as "unfortunate " !     It seems that it is us that needs to apologise for placing inconvenience on a movie star who is graciously making a film in our country that will add to treasury's bottom line.  The matter of what fine or penalty will be imposed is still awaiting a decision - and the arrogance shown is so overwhelming that if it results in a mere slap on the wrist the farm lobby will be disgusted !

It seems that when any sort of progress is suggested - Newton's Law comes immediately into force.
  To every action - there is an immediate and opposite reaction !

Capitalizing Assets !

Sydney's Long Bay prison complex is a tired old building often described as a "Rabbit Warren " by those tasked with guarding the prisoners it holds.  It started it's life in 1909 as a reformatory for women and a men's wing was added in 1914.   From 1917 until 1939 it housed the state's gallows and was the place of execution for all sentenced to death in this state.

The idea of a "Supermax " to house the most dangerous prisoners saw the creation of what became termed "Katingal " in 1975.   This contained the electronic wizardry of that time and every inmate was under twenty-four hour observation in what critics called "an electronic zoo ".  It was harshly criticised - and demolished in 2006 and a new prison wing added to expand the growing numbers contained within Long Bay walls.

Land prices have soared in Sydney and it looks like the median price for housing will soon cap the million dollar mark.   It seems to be a waste of resources to have a prison on valuable land just fourteen kilometres from the Sydney CBD.  An opportunity exists for capitalizing on state assets by demolishing Long Bay and creating a state of the art prison function somewhere in country New South Wales where a prison industry would create badly needed jobs and revitalize a country town.

The fact that Sydney is in the process of installing a new light rail transport system gives impetus to this idea.   Long Bay prison is a multi acre site right on the coast with panoramic water views of the ocean.  If it became available for housing it would be a sought after area which would command high prices and if light rail were granted a short extension from the proposed terminus at Kingsford to Maroubra Junction, it would be an ideal high density site with fast access into the city.

This seems an ideal opportunity to create prison reform - which many experts in that field claim is badly needed - by freeing up an asset which could fund this form of renewal.   Long Bay is already an over crowded prison with archaic facilities and a new concept would mix the broad needs of housing the general prison population and those more suitable for a more relaxed prison farm containment on a broad acre site.   We already have the Supermax situated at Goulburn to house the most dangerous category of prisoners.

All the regional prisons in this state are old and archaic in design and this fragmentation adds to the cost of imprisonment.  More to the point, their design limits the opportunities to use terms of imprisonment to teach inmates new skills and prepare them for a return to society.  Progress has been promising in some other countries where a graded system combines rehabilitation to mix with production work that has actually creates a prison income to defray costs.

In the past, prison reform has stalled because of the lack of funds.  Our present system is often described as the "University of Crime " and many first offenders emerge as skilled criminals. We have a system that is not delivering the results some experts tell us is possible if we can re-jig the  system from simply locking people away - to teaching them how to solve their problems.

Keeping a tired, worn out old prison on a hugely valuable parcel of land in a desireable part of the city will do nothing to change that situation.    Opportunity knocks  !

A " Syndicate " Warning !

It is the practice in innumerable workplaces for the employees to contribute to a money pool each week to buy a syndicated ticket in one of the Lotto draws.  Usually one of the group acts as the cashier, makes the collection and has the responsibility of buying the ticket.  That can be a perilous task - unless a strict routine is followed.

Fourteen members of a syndicate in Geelong  became suspicious when the man who transacted their weekly Lotto flutter suddenly terminated his employment, began to accumulate assets and live a rich lifestyle.  They were mystified when Tattersals delivered a bottle of champagne to him at their workplace immediately after the drawing of the $ 16.7 million Powerball Jackpot draw.   Now this syndicate is applying to the Supreme court to have Tattersalls reveal the names of the three winners whose lucky numbers delivered them a fortune from this draw.

There is the possibility of a defence if the ticket buyer legitimately obtained a ticket on behalf of the syndicate - and then decided to privately buy another chance in his own name.  Those tasked with handling the placement of syndicate ticket purchases would do well to follow guidelines to ensure that the transaction is above reproach.

Always make the purchase in sufficient time that the syndicate ticket can be put on display on a notice board well in advance of the draw.   Last minute purchases - where a personal ticket is also involved - will blur the identification of which ticket belongs to either holder.

It would be a very good idea to separate the purchases by both a matter of different days - and from separate sources.   Usually, the money collected for a syndicate ticket is collected on pay day, hence the person tasked with buying that ticket should consciously make his own ticket purchase on a different phase of the week.

Selecting the numbers in Lotto type draws offers options.  Many back the same numbers week after week while others go for a random pick selected by the computer.   Those tasked with buying the tickets would be wise to encourage the set numbers option because the syndicate would be in a position to monitor each draw in the sure knowledge of which numbers would need to be drawn for their success.  These numbers would therefore be on prominent permanent display - and known to all.

Where the syndicate members opt for random pick numbers or a mix of favoured numbers and random pick the fact that both are on separate tickets reintroduces the security problem.  It would be wise to  ensure that the application ensures running identification of each Lotto ticket and that any personal ticket purchased has a wide removal from that numbers sequence.

Unfortunately, the rules of Lotteries insist that each ticket be in the name of a person and not a syndicate.  When a dispute arises over the ownership of a winning ticket it can not only destroy relationships and friendships, it can wind up in the courts and cost both parties  a fortune in legal fees.
The wise will take the trouble to clearly separate syndicate purchases from those made on a personal basis - and adhere to a timetable where the ticket numbers are clearly tabled and in syndicate hands prior to the draw.   That delivers a far better outcome than the fate awaiting both sides of the argument in Geelong !

A Life Threatening Ban !

At first glance it seems entirely reasonable.   The Sydney Opera House Trust has imposed a by-law that imposes a fine of up to $ 1100 on patrons who bring food into the Opera House.   Those that provide food services in this magnificent building pay astronomical prices for their leases and it would be uneconomic to allow a family to sit at their tables with meat pies and drinks brought from home - and use their facilities for free.

The problem is that this by-law may be harshly interpreted, and applied to those who simply carry a bottle of water for their own use.  Certainly, those that offer bottled water for sale within the Opera House would not welcome visitors with their own supply, and in recent times the price of bottled plain water often equals that charged for carbonated drinks.

Water has evolved with a life of it's own in recent years.  Australians travelling overseas were fascinated by the custom in America and Europe for water and glasses to appear on the table wherever food was to be served, and now that custom is common here.  In the not so distant past pubs and clubs made no charge for a glass of water, but today the pressure of maintaining a healthy bottom line has seen that custom disappear.    The common old H20 is now a commodity priced in similar fashion to all other drinks.

There is pressure on school canteens to cease offering fizzy drinks and the average school lunch box now usually contains a bottle of water.  In particular, teenagers seem to have adopted water into their lifestyles.  It is common to see that water bottle either in their hand or handy whenever they are travelling in groups.   Most councils have been under pressure to provide more public  "bubblers " where people can obtain a free drink - and allow them to refill water bottles.

The bogey of global warming has shone the spotlight on the need to maintain a healthy bodily liquid balance on days of heat extreme - and we are assured that we will be getting hotter summers.  Both the young and the elderly are constantly warned of the dangers of heat stroke when the temperature is sizzling.  The importance of having access to water is constantly emphasised.

There is a danger that edicts such as this Sydney Opera House by-law may impose a health danger.  If those that carry bottled water for their personal use are required to toss it in the refuse bin before entering places of entertainment where food and drink are sold then they are being denied the right to a means of sustaining life that is quite unreasonable.    If need be,  we require an act of parliament to specifically allow a personal supply of water to be exempt from such bans.

Patrons attending rock concerts complain that not only is free access to water banned at these events, but water on sale is at exotic prices.   These are usually open air events and in summer the temperature can reach astonishing levels in a crowded arena.   It is expensive to stage but to offset costs by loading the price of one of life's necessities is a form of extortion that should be banned.

Certainly, those providing water have a right to recover costs and the banning of private food and drink being brought to paid entertainment is quite reasonable - but that should exclude any water brought by a patron for personal use.    The only way that can be assured is if it is plainly enshrined in law !

Sleeping " Rough " !

Here we are just days away from the start of winter and the people who try to manage the Sydney homeless population estimate that the numbers have increased by twenty-three percent in the past nine months.  Sydney has 453 beds available in shelters, but on an average night more than 370 people are turned away and forced to "sleep rough "somewhere in the city.

The old hands who man the soup kitchens and work with the homeless blame this sharp increase in the numbers seeking shelter on one thing - Ice !    More than any other drug of addiction, Ice has the most dramatic effect on personal relationships and is the cause of violent mood changes, and one of the problems is that is is both cheap and readily available.

Long suffering parents are being forced to close their homes to children who go on violent rampages. Usually, their first port of call is to sleep on a mate's sofa, but the ravages of Ice soon break even these bonds and they become denizens of back alleys, shop doorways and the city parks and gardens. The police usually turn a blind eye - unless they are causing damage and attacking people - because they are unwanted in police cells and simply waste police time and resources by being processed within the court system.

One charity is seeking public donations to buy what it calls a "swag " to be given free to the homeless.   This takes the form of what is virtually a sleeping bag with a rain cover and a few "survival tools ".  It is about the size of a large shoulder pack and the design is cleverly configured to enable the homeless to carry it with them on their day journeys and be able to survive in any weather when night falls.

The Salvation Army and various other charities do a great job of providing meals and giving help to the homeless, but the biggest challenge is access to toilets, a shower and a warm bed.   There are not enough beds in shelters - and there never will be.  If we were to double the number of beds presently available,  such is the "law of the jungle " that demand would quickly again exceed supply and we would have an excess sleeping rough in the city.

The incidence of homeless addicted to Ice is a great concern but the numbers are also being influenced by the surge in Sydney house pricing.  As house prices increase they carry rental pricing to greater heights and it is becoming impossible for those on low incomes or dependent on social welfare to afford any form of paid shelter.   We are creating a city which is dependent on the services of the lowly paid, but which denies them residency.

Added to this are the "misfits " that occur wherever great numbers of people congregate.  There is a lack of hospital beds for those with psychiatric problems and many end up on the streets.  Prisoners released from prison are often unwanted and enjoy just a brief period of freedom before necessity drives them back to crime.   Many aged become disoriented in this bewildering world and need help to find some sort of aged accommodation - and some people adapt to a street life that make them "characters "  both loved and protected within their immediate community.

When the worst ravages of winter hit the charities will swing into overdrive and the government will be pressed to make more funds available.  No doubt there will be incidents where low life's inflict cruelty on those sleeping rough.  There will be the usual winter appeals for funds - and somehow enough money dribbles in to keep basic services running.  Soup kitchens will keep the alcoholics and the drug dependent fed - and all of this will be kept way out of sight of the average citizens of this city.

It would be a sad life for many without the efforts of those who take the trouble to deliver a little time and substance to help those doing it tough !

Re-Calls !

It is a sad fact of life that when a danger is discovered in a product that has been sold in Australia the usual remedy is to advertise a re-call to remove the danger - but the onus for taking that action rests entirely on whoever has the faulty item.   The vast majority of re-calls are ignored and at any time there are dangerous goods capable of inflicting injury or death still being used in the community.

A Samsung washing machine is just one item on that growing list. This faulty model achieved sales of 62,285 machines in New South Wales and when it was discovered that they were prone to catching fire a re-call went into effect in 2013.   Two years later, just 41% of these machines have been repaired and this week there was another house fire likely to have been caused by the unfixed fault.

Some faults are like a ticking time bomb.  Back in 2010-13 Infinity branded electrical cable was widely sold in New South Wales and it was later discovered that the insulation used was below the required Australian standard.   Anyone who had electrical wiring done in their home during that period would be wise to inspect the cabling and look for "Infinity " stamped on it's outer cover, because in a few months time it will become brittle and capable of causing fires and electrocution.

Now we have a faulty air bag installed in a growing number of vehicle brands.  If moisture penetrates the inner mechanism this safety device can become a shower of shrapnel into the face of the driver when a crash deploys the air bag - and already it has caused some deaths.   It is estimated that fifty-three million cars worldwide are fitted with bags that contain this fault - and replacing them will be a lengthy process.

Unfortunately there is little uniformity in how re-calls are handled.  We recently had a health scare when imported frozen berries were found to be contaminated and could infect users with a potentially fatal disease if eaten.   That made a warning the big item on the national television news and it would be most unlikely that many people would be unaware of the danger.

It is more likely that notice of a re-call will take the form of a small advertisement in national newspapers.  Not everybody still reads newspapers these days and certainly many to whom English is a second language would be likely to miss this means of issueing a warning.   The law requirement on re-calls differs from state to state, but generally it seems that placing a notice in newspapers satisfies the legal requirement.

Perhaps it is time to grade defaults by a scale with re-call requirements becoming more onerous  at the higher degrees of risk.  It would be difficult to apply a common action formulae because of the varied nature of distribution, but each individual high risk case would be evaluated on it's merits - and an appropriate course of action decreed.

That raises the cost question.  Again, it would be reasonable to require the manufacturer of a faulty product to contribute to both  advertising that a dangerous fault exists - and to the remedial action.  Having to pickup the tab for a re-call is a strong incentive for design and testing to eliminate future dangers.  It seems that the present regime in place to handle re-calls falls far short of the mark !

For instance, it is highly likely that the name and address of buyers of those Samsung washing machines are contained in the records of electrical stores, and in this computer age they could quickly be collated.  It would not be unreasonable to require an individual letter to each owner - and a followup if the re-call had not been actioned after a period of grace.

Tracking that Infinity cable would pose a very different problem.  It was sold widely and the customers would include both electricians and do-it-yourself handy folk. Pin pointing each individual job would be an impossibility and it would be better handled by regular announcements of the growing danger as the cable ages - and the use of social media to spread the message widely.  In such cases, good relations with the media would be helpful in achieving the desired objective.

Reducing public risk certainly involves the matter of costs.  When an official re-call is sanctioned the action required in compliance with that re-call should fall on the manufacturer concerned.  

" Lemon " Laws !

It seems strange that if you buy a faulty toaster, microwave or television you are protected by consumer protection laws.  You simply return it to the place of purchase and you have the right to exercise any of the three " R's  " that are enshrined in legislation - Repair - Replace - or Refund, the choice of which is up to the customer.   Yet these laws do not apply to motor vehicles, usually the biggest priced item any family purchases after the family home is taken into consideration.

What are called "Lemon Laws "apply in several other countries and pressure is building to have them apply in Australia.  The incidence of cars leaving the factory with major faults is very low but it can be devastating to any owner who has the bad luck to be on the receiving end of the trail of misery they cause.  It seems that the only way to get relief is to take the matter to the media and if it generates enough bad publicity the car manufacturer will eventually cave in.

Now our legislators are considering specific "Lemon Laws " to clarify the situation and we need hard and fast rules to apply.  Fixing minor faults under warranty is normal procedure with any new car and this should not be misconstrued as requiring a refund or replacement.   At the moment there are fifty-three million motorists somewhere in the world driving cars with faulty driver side air bags because a fault has developed in the product an independent manufacturer has supplied to a growing list of car makers.  All of these will be replaced at no cost to the car owner, irrespective of the age of the vehicle and whether the warranty has expired.

Just like winning a "bad luck lottery ",  occasionally an otherwise reliable make and model vehicle production line spits out a car with some sort of fault that beats the best efforts of the dealer network to fix.   It is constantly back in the workshop for repair and  logs a growing amount of time that it is not in the hands of the owner to do his or her bidding.  Putting a cap on that problem would seem a logical way of legislating when a "Lemon Law " would come into force.

It has been suggested that a "three strikes " situation apply.  If the vehicle has been returned three times for repair of the same fault and it remains unfixed then the owner is entitled to hand it back and receive a refund - or accept replacement.   Running in tandem with that ruling would be a time factor limitation, stipulating that should the vehicle be unavailable to it's owner for twenty or more days because of such repair work - the refund or replacement option would apply.

That sounds a very reasonable solution, but it would only apply to new cars.  The car handed back under Lemon Laws would become the property of the car manufacturer and it would probably be offered for sale - hopefully fixed - as a second hand vehicle, but this legislation would be wise to add a disclosure clause.  There should be a requirement that such vehicle history be clearly disclosed to any sale offer of such a vehicle - so any buyer is well aware of what he or she is getting.  Used cars are a "mystery buy " when it comes to mechanical condition.

Some years ago a house in which multiple murders occurred was sold to a family without this past history being disclosed.   They were superstitious and  could not bring themselves to live in a house with such a past, resulting in a law that required the Real Estate industry to fully disclose such past histories - without which the buyer could legally cancel the sale without cost.  A similar disclosure should apply to the resale of "Lemons " !

There is no reason why motor vehicles should be shielded from consumer protection laws that apply to other items of merchandise.  In the distant past, stringent warranties applied, in most cases a mere twelve months or twelve thousand miles.   Today some vehicles carry a seven year unlimited kilometre warranty - and yet there is no clear rule of measure of what applies when events go beyond a reasonable problem fix.

It is time that car warranty replacements were brought into the standard that applies to consumer protection in this twenty-first century  !

Killing off Uber !

The Taxi industry certainly has a fair gripe that every time a customer rides in one of it's cabs the GST is added to the fare, but when private citizens join Uber - which is really a pirate taxi fleet - the fare charged is GST free.

Not any more.  From August 1 the Australian Tax Office has ruled that Uber drivers will be subjected to the GST and they will need to register for the tax and obtain an Australian Business Number ( ABN )  to avoid prosecution.  The full GST will have to be charged on whatever fare applies to the entire journey.

There are predictions that this will immediately cull the numbers joining the Uber fleet and cause many existing drivers to withdraw.  With a mere stroke of the pen the tax office has issued a ruling that will have profound implications for those making the move from what amounted to a tax free hobby - to the ranks of a registered business.

Along with that ABN comes a book keeping liability that is the bane of most business people.  They are required to keep accurate trading records and submit those dreaded "Business Activity Statements " - which come with heavy fines for late submission.  All this is complex and beyond the ability of some traders - who put that in the hands of an accountant and pay a heavy fee for the service.  It is a daunting task for the uninitiated - and the tax office is relentless in demanding total accuracy.

There is also the transition of a few dollars earned onto the public record.  For those receiving any sort of Centrelink benefit there is an obligation to report all earnings and now that information is available within the tax office records by the mere click of a mouse.  Having an ABN will also require any income earned to be included in that persons tax return - and be cross checked within the tax office.

Strangely, Uber drivers are treated differently from other forms of small business.   When the GST came into operation it was deemed impractical to demand tax from each and every small service performed in the community and so a GST exemption of $ 75,000 annual turnover applied.  People who did a bit of gardening or picked up a paint brush to earn a few dollars had no need to lodge a business activity statement or be registered for an ABN.   By issuing a tax ruling, the Australian tax office has decreed that Uber drivers are obliged to charge GST on their first fare and be a fully registered and numbered tax office client from their first day on the job.

It seems to be a clever way of delivering a level playing field.  The traditional cab companies will applaud the imposition of the GST on Uber fares and the public has long accepted that the imposition of a Goods and Services tax applies to the vast majority of purchases.  The fact that it is a disincentive to join Uber ranks is likely to balance the rapid expansion of the Uber concept and stop it driving traditional cab companies out of business.   It is estimated that currently about nine thousand Australians use their cars as taxis within the Uber brand.

Uber has been a problem in most world countries and this Australian tax ruling will be closely followed by foreign tax regimes.   When the full implication sinks in with individual drivers, it is quite possible that it will kill off the Uber concept because the record keeping and public accounting requirements will cause a fatal decrease in those willing to participate.   With a stroke of the pen the tax office has destroyed the anonymity which appealed to most participants !

Standover Tactics !

It's bright lights and advertising signs that are the difference between a country town and a global city and the electronic age has seen the old static billboard change into a riot of movement and colour as it presents ever changing messages.  We see this in sporting arenas with the spectator fence facing into the field of play constantly delivering a variety of sponsor messages.

Sydney city council is conducting a review of it's policy on outdoor advertising and has placed a blanket ban on the conversion of any existing static billboards to electronic mode and has suggested that a new condition of consent may require the billboard owner to donate fifteen percent of the message time to council use - free of charge.   This would be in addition to all the other fees and charges that apply to gaining consent.

The council sees this as a means of promoting council sponsored events such as the popular art exhibition by the ocean which is held annually.  It is beating the "public benefit "drum loudly and there is a hint that if it doesn't get it's way this may be reflected in getting approval for new billboard sitings - and some see that as a "standover " approach !

It is certainly a financial intrusion into the advertising industry. While these constantly changing electronic billboards are colourful and appealing, they are also very expensive to create and to lose fifteen percent of their revenue potential will certainly increase the cost to user sponsors.

This attempt to muscle in on billboard advertising by the council will probably degenerate into the ongoing stoush that exists between many city residents and Lord Mayor Clover Moore.  The Lord Mayor is a lady with very definite ideas on how she would like to see this city develop, and getting people out of cars and onto bicycles is high on her agenda.

The end result has been the creation of numerous shared pedestrian/cycle paths in the inner city that have sharply decreased kerbside parking for cars.  Many people complain that they are equally dangerous for both cyclists and pedestrians - and countless surveys reveal that they are little used. Cycling has certainly been adopted as a means of transport in some European cities, but it has failed to find favour here in Sydney, and yet more such cycle paths are on the council agenda.

The Lord Mayor is sponsoring various forms of art work for the city that is being questioned.  It seems that attention is now being focussed on promoting inner city worm farming and there is the suggestion that city residents might consider locating hives of bees on high rise buildings.  Such thinking is certainly receiving a mixed reception.

Some will see an intrusion into the advertising media as an attempt to foist socialist thinking in the form of brain washing onto the public.  There has been a degree of outrage at the form of art suggested for public places - to be paid for out of council funds.   The idea of what closely resembles a giant milk crate to be constructed in the city centre has not been welcomed.

Of course, demanding a share of commercial activities will be seen as the thin end of a very wide wedge.  Advertising takes many forms and if council succeeds in usurping the financial rewards from billboards it may extend to all other forms of public display.

Some would see it as simply a new fifteen percent tax on the income billboard companies will have to pay - not on profits but on their revenue stream.   A new source of revenue that will not be lost on the thinking of councils of other Australian cities !

Pain - For Gain !

Sydney is Australia's biggest city and like all cities it has a focal point in the street scene which is the most desireable place to have a business.  In Sydney - that is George street.  The merchants of Sydney are now evaluating the cost as work is about to start on urban renewal which will see a $ 2.1 billion light rail network connect the city centre with it's surrounding suburbs.   For nine months this work will deliver absolute chaos - and for some business owners it puts their survival in question.

No doubt the major businesses will suffer inconvenience to trade.  Delivery of goods will create problems and work will probably require night reception of stock and the delivery companies may need to change the mode from semi trailers to light trucks to navigate in congested areas.  All this will add to costs - and the work scene will probably result in fewer shoppers during the construction period.

There is no doubt that this work will have a major effect on traffic movement through the CBD.  Much of George street will be closed for long periods and traffic will be diverted.  With it's main artery blocked, progress will be slower - and in particular - buses are expected to be reduced to a nine kph crawl as they disgorge and pickup passengers.  There is the expectation that safety barriers will restrict the pedestrian flow to narrow channels on the footpaths - and crossing George street from one side to the other will be restricted.

There are wails of protest from the extremities of this light rail network.  Randwick is incensed that it may lose a section of a popular park to enable these new trams to turn for their return journey. Everywhere a problem is likely to arise brings forth howls of protest - and a demand for relief, but the state government has made it clear that there will be no compensation paid for lost trade or inconvenience suffered.

What seems to be lost in the hub-bub of protest is the dismay that has long been directed at the Sydney city centre.  Every year gridlock gets closer and we have an unhealthy mix of public transport, car traffic and pedestrians trying to intermingle in a street scene originally designed for the horse and cart era.  Finally, a brave decision has been made to install a form of public transport that will rejuvenate the city centre and deliver a shopping precinct worthy of a major world city.

Undoubtedly there will be financial casualties. A trade drop-off will certainly see some businesses close their doors, but that is a normal hazard of the business scene.  The end result of these disruptions will see a new city centre attracting even more shoppers because the transport to get them into the city is now in place and the street scene has been made more welcoming.  The nay sayers will become silent when the barriers are removed and a newly vibrant city centre emerges.

Installing light rail was a courageous decision.   The George street scene was tired and worn - and heading towards eventual gridlock.  There were numerous appeals for renewal.   Plans were drawn up and costed, but the courage was absent to actually make a decision - and get work started.  Now the project has passed the point of no return - and it will happen.

The wise will plan their survival mode and figure out how they will cope with several lean months. There is an expectation that we will see an inner city revival that will be worth the wait -  for those that accept the pain - for long term gain !

The Jury Trial Lottery !

Before the start of each legal year a computer randomly selects from the roll of voters domiciled within that court district a pool of  jurors who will be called upon to sit on juries.  Few are granted exemptions, but both the prosecution and the defence have the right to challenge and stand down individual jurors - without giving any reason for their objection.

In some cases, the accused is given the option of trial by judge alone, or putting their fate in the hands of twelve of their fellow citizens.  The result of jury trials are legendary.  Juries have been known to acquit, even in the face of overwhelming evidence of guilt.  A single capricious juror can sway the feelings of others, but in the general context of results the consensus is that juries give fair consideration to the evidence presented - and deliver a fair verdict.

A trial in the Sydney District court has opened a Pandora's box when it comes to jury selection.  This involved the smuggling of 556 kilos of Cocaine from Hong Kong to Sydney disguised in a shipment of TerraCotta pots - with a street value of $ 500 million.   The four perpetrators faced a nineteen week trial.  One received a twenty-seven year prison sentence.  Another got twenty-five years. A third was ordered to face a retrial - and the last had his trial aborted when it was discovered that one of the jurors was illiterate.   All those convicted have lodged appeals and it is highly likely that the convictions will be overturned and sent for retrial.

This case involved lengthy wiretaps which were both heard by the jury and presented in written form for each juror to consider.  It was learned that this evidence was unopened by the illiterate juror, throwing a doubt about whether the evidence received due consideration.  It certainly opens an appeal avenue and if granted the costs involved will probably run higher than a million dollars.

This fiasco raises the question of whether some sort of qualification standard should be imposed on all potential jurors.  Many cases going to trial involve complexities that are contested by specialists in their relevant field and yet require determination by juries without the input to fully understand the matters involved.  It is the duty of the presiding judge to carefully explain how this applies to the case before the jury and bring that complexity within the grasp of untrained minds.  In some instances, this tests the ability of the judge to fully comprehend the intricacies of accounting or where a mechanical process is involved.

The very idea of hand picking a jury by putting them though some sort of intelligence test flies in the face of juries being composed of what the law describes as a "jury of their peers " in relation to the accused.   The whole concept of the law envisages that a jury is composed of a cross section of society and be a mix of ages, genders and social orders.   It is not the function of the jury to show above average intelligence.  It is the function of both the prosecution and the defence to explain the cases they are putting to that jury in such a manner that it can be gasped by average minds.  Such is the skill of a barrister who masters the art of reducing complexity - to simplicity !

Perhaps this case provides reason for the implementation of some basic standards that should apply to jury selection.  It would be reasonable to expect that a juror would have eye vision to at least the standard required to hold a drivers license.   It would be reasonable to expect that hearing - with the aid of hearing aids - would preclude a juror from a definition of being totally "deaf "!   It would be reasonable to expect that a juror would have at least a basic literate ability to read and understand the oath each is required to swear to enact their jury duty.

That would not seem to be straying too far from the definition of "jury of their peers " and would preclude the sort of situation that waste court times and inflicts a heavy monetary penalty on the public purse.  

Slow Wheels of Justice !

Nineteen month old Skye Sassine died in her parents car on New Year's Eve, 2009 when a bandit being pursued at high speed by police crashed into the family vehicle.  It seems unbelievable that it took until this week for the Coroner's Inquest to be handed down.

The Coroner was critical of two of the police drivers involved in that pursuit. He found that they seemed to be "charged with Adrenalin " when they tore through fourteen red lights and attained speeds of 160 kph.  Inboard cameras in the police cars delivered images of them shouting obscenities at other drivers as they pursued an armed robber who had held up a liquor store.

The bandit was sentenced to fourteen years prison for Skye's manslaughter and this needless death led to the enactment of what became known as "Skye's Law " - which imposes a three year prison term on those who try to evade police and cause a high speed police chase.  The police pursuit drivers had their high speed driving accreditation suspended for a short time.

Many will question the length of time the compilation of this report took and the long delay before it finally was released.   There seems no intricate mystery to be investigated.  A bandit held up a liquor store and the police were called, resulting in a chase with fatal consequences.   Why would it take six years to determine the facts - and write a report ?

Another case simmering in the background seems to be mired in endless delay.  Fourteen years ago deception was used to have a judge sign off on false reports that led to the bugging of the homes and offices of 114 serving police officers.   It seems clear that this was a matter of tactical moves to influence promotional opportunities but it had devastating consequences.   Some officers were seriously maligned, resulting in resignations and suicides.  Clearly, creating these false investigations involved indictable offences - but so far no charges have been laid.

Both the instigators and the victims are still serving, side by side and numerous enquiries seem to have run into dead ends.   The state Ombudsman has been investigating for over two years - at a cost of over $ 3 million - and seems no nearer tabling a report.  As a consequence, the police commissioner has had his term extended because the likely successors are the very people involved in this imbroglio.

Now we learn that the Ombudsman is about to retire - and that this will happen without that report ever reaching finality.  Presumably it will land on someone else's desk and that person would be perfectly entitled to reject any findings reached and start again from scratch.  It is evident that there are ructions at the top of the New South Wales police force that are so serious that if they ever see the light of day they will probably totally destroy the entire command structure.

It seems that the state government, the police unions - and certainly those that richly deserve punishment - are all complicit in creating delay and hoping that what is really a crime committed within our police force fades from the public mind - and never reaches a conclusion.

How can we expect the rank and file police who do a dangerous and demanding job have confidence in the trust and integrity of their superiors when it is perfectly clear that what amounts to a serious crime is being ignored - and that it is unlikely that the offenders will be punished  ?

As long as this matter continues to fester we will have a tarnished police hierarchy and - as a consequence - a police force that lacks the confidence of the public.   It is time this investigation reaches conclusion - and the guilty face the consequences !

Killer Cars !

It is not a comforting thought to those edging their cars through stop/go traffic to know that if the driver behind them is texting or making a phone call and manages to deliver a low speed tailender - a safety device designed to keep them safe may kill them !

A fault has developed in the air bag that deploys in a crash to save the driver from face and head injury and it now may deliver shrapnel - that has been the cause of five deaths so far.  It seems that if moisture seeps into the air bag mechanism it turns from a life saver to a life killer - and two major car makers have begun the recall process to fit replacements.

Toyota is recalling cars in it's Corolla, Yaris, Rav4, Echo and Avenis range built between 2003 and 2007 and now Nissan has added another 102,000 vehicles sold in Australia to that recall.  It seems that there are about 280,000 cars on Australian roads fitted with this faulty air bag and judging by previous recalls it is likely that the replacement process will take well into next year.  In fact, it may not be possible to find every car because many will have changed hands several times over this period of time.

Recalls are a costly necessity for car makers and so often the fault is something that later develops in a totally unexpected manner, and this seems to be one of them.   The whole idea of an air bag is to place a barrier between the drivers head and the hard surfaces that will do damage on impact but this fault results in a shower of shrapnel - which can be deadly at such a close range.   It is like driving with a loaded shotgun pointed at the driver.

The sheer volume of cars affected means an inevitable delay in getting a replacement fitted, even when owners immediately contact their car dealer.  Any suggestion that the car not be used until the fault is rectified is impractical, but continuing to drive with a known deadly possibility staring the driver in the face is similarly impractical.    The logical answer is to disable the air bag.

That would seem to be something best accomplished by the dealer.  If replacement can not be done immediately, it would be safer to use the car without air bag protection than to take the chance of a faulty air bag deploying and causing injury.  To complicate matters, there is a high degree of uncertainty about how widespread this problem extends.  Not all the air bags involved will develop this fault, but driving a car that has not been subjected to the recall is like dicing with death in that game called "Russian Roulette ".

There is a danger that some owners may take matters into their own hands and try and "pop "the air bag to make it safe.  That carries both the risk of personal injury and the chance of doing damage to the cars interior - and should be totally avoided.   Motoring authorities will pressure the car makers for a speedy resolution of the problem and if air bags can be disabled in the range of cars involved that would be a logical first action to minimise risk.

It is encouraging that the car industry is now taking safety seriously and accepting the immense costs involved in recalls.   In the past, some faults were ignored, leading to needless deaths that could have been prevented.   The modern car is a technological marvel.   Some refer to it as a "computer on wheels " and it is inevitable that it's complexity will continue to deliver unexpected consequences.  Fixing these problems is now something that has to be factored into the cost structure of the car industry !

Double Dipping !

Perhaps the most contentious item in this weeks budget is the change to the Parental Leave Scheme ( PPL ).  When this was introduced by a former Labor government there were few private sector employers offering paid maternity leave and hence the issue of "double dipping " went virtually unnoticed.

Now it has been dragged kicking and screaming into the public arena and Bill Shorten is threatening to block the passage of legislation to make the choice an  "either or " decision !   It is simply unfair that some people will have the option of taking two bites at the cherry -  a payment from their employers scheme and a payment from the public purse - while the vast majority have to make do with the lesser amount.

It all comes down to Labor's subservience to the union movement.  The greatest beneficiary of this double dipping on the PPL are the public servants and their unions are expected to fight tooth and nail to keep this rort alive.   A public servant on a $ 130 k salary can expect to receive a $ 35,000 payment under her public service award and then add another $ 11,593 from the public purse.  This is impossible to defend as a fair outcome as applied to ordinary people.

Bill Shorten is going to have great difficulty explaining his reasons for blocking this measure. The whole purpose of the PPL is to extend paid maternity leave to the wide spectrum of women in the workforce, not just those working in the public service and those lucky to  work for an employer with a private scheme.   Universality demands that the cost be contained - and no fair minded person would agree that double dipping meets that criteria.

Some would take issue with the PPL being geared to actual pay levels rather than just paying a universal level of compensation to offset the cost and time loss from work involved in maternity.  Contraception is now both reliable and available at low cost so that having a child is a conscious decision that should be taken with due regard to the costs involved.   There is the expectation that such a decision would be taken wisely and that financial help from a PPL would assist with the costs of a lifestyle change.  It was never intended as a total reward for child birth.

Some may even question the fairness of applying PPL to working women and excluding those who choose to be what were once called "home makers ". The unanswered question is precisely what population level we hope to achieve in Australia, and whether PPL is a device to raise the population level, or to simply get more women back into the workforce to raise the level of taxpayers contributing tax to the economy ?

That same question applies to the rebates applicable to child care.  We are a multicultural society and as our living standards increase the ratio of children per household tends to decrease, but this is distorted by some ethnic tribes and religious principles who discourage their wives from joining the workforce - and tend to have very big families.

It is noticeable that many economists quote a likely world population of ten billion by 2050, but there is rarely any discussion of what follows after that date and volume is achieved.   We are already an overcrowded planet in many world areas and it is unlikely that this vast continent will be allowed to remain home to such a small population in relation to it's area volume as the pressure cooker of living space rises.

We need to decide our population future and plan accordingly.  Otherwise, that is something that will be forced upon us - by the rest of the world !

SPAM - delivering Danger !

Every Internet user is familiar with the constant flow of Spam mixed in with the daily emails and some use ingenious dodges to get past the Spam filters that are supposed to guard our cyber gateways.  Most are relatively harmless but a new approach is seeking out victims with  the genetics
 that may induce them to take up a gambling habit.

We are constantly urged to click onto sites that offer rewards.  These can range from merchants keen to offer their wares because we have been a past customer to new businesses offering services in expanded form - and all of them usually include some sort of price reward.  It is now not unusual to receive an email declaring that you are the lucky winner of a shopping spree with a value that can range from five hundred to three thousand dollars.  This involves a time factor and you are urged to click on the site and claim your reward or it will pass to another person.

Those that take up this offer find themselves in the clutches of a cyber Casino.   They are being offered a credit which will allow them to spend at the gambling tables, but first they will need to register and complete a dossier of personal information.  It is suspected that well before this offer arrives via Spam the intended subject has been thoroughly checked by way of public records to determine that he or she is a person of "substance ".    Both Facebook and Twitter are most revealing and in the present Real Estate climate anybody who either owns or has  substantial  equity in a house certainly passes the "substantial " test.

It seems to be an offer that is too good to be true.   You are offered a sum of money with no strings attached, to try your luck at the Blackjack or Roulette tables, using virtually free money to accumulate any winnings your luck may deliver.   You may even try your hand at Poker if that is more to your liking - and any winnings are yours !

Of course, this is not real money that you can hold in your hand.  It is simply the balance that is in your account at the cyber Casino, and should you wish to withdraw it there will be the need to clearly establish your identity to make sure your winnings are going to the right person - and that will take time.  It is amazing how difficult that can be - and while you are waiting there is always the chance of accruing more winnings.  Gambling can be such an appealing sport !

Why would a Casino give away their money  ?  Because the balance of odds is always in favour of the house and over the long term they will win.  The gambler may have a lucky streak and stack up a favourable balance, but few will resist the urge to add to their winnings and when the money pot runs dry they will top it up with their own cash.  The problem is that some people are genetically disposed to gambling and while it may lay dormant, this sort of approach pops the Genie out of the bottle.

It is not illegal to give away money - and gambling in it's many forms is almost an institution in Australia.  We have legal casinos in most capital cities and betting now extends from horses and greyhounds to most sporting results, not to mention the lure of daily drawn lotteries and the bonanza of Lotto in it's many configurations.

All forms of gambling are legally entitled to advertise their wares and it seems that offering free money crosses no boundaries, but there is something unethical in appealing to the baser human instincts with this free money approach.  It is a lure that will attract the young and unworldly and for some it will be the fore runner of financial ruin.

Perhaps a practice that would be all the better for being removed from temptation by an act of parliament !

A New Mutiny Brewing !

Norfolk Island has had a colourful history.  It was first settled by mutineers who seized the Bounty in 1789 and cast William Blyth and some of his faithful crew adrift in a lifeboat.  Then it became a penal colony with a harsh regimen of discipline in 1855 and now it has a population of 2,300 residents who eke out a living from tourism and fishing.

What is remarkable about Norfolk Island is that it has been a self governing Australian territory since 1979.  It has it's own laws, tax system, health and welfare entitlements - and it's immigration laws govern who may buy land and take up residence on the island.   Many of the people resident there have more affinity to New Zealand and Pitcairn Island than to Australia.

It is a great place to visit, but unfortunately not enough of us are making that trip to sustain it's economy and in the past five years the Australian government has had to shell out $ 60 million in emergency aid to stave off bankruptcy - and now Canberra is about to legislate to end that era of self rule.

It is proposed that Norfolk Islanders will become subject to the Australian laws that apply in New South Wales and pay Australian rates of income tax.  Local affairs will be in the hands of a Regional Council - similar to the arrangement in country municipalities, and the hospital, airport, school, university, historical buildings and eighty kilometres of roads ( Cows have right of way ) will become a Federal responsibility.

Norfolk Islanders are enraged and demand a referendum.  There is no prize for guessing what verdict that would deliver, but it is a fact that this tiny settlement has no hope of paying it's own way.  It suffers a perpetual deficit and only input from Canberra keeps the wolf from the door - and sees that the three man local police force keeps getting pay cheques.

The locals make light of their financial malaise and claim that if running a deficit becomes the reason for ending self rule, then Canberra had better consider legislating itself out of existence.  The fact is that this tiny dot of land - just thirty-five square kilometres -  is 1412 kilometres out in the Pacific Ocean off the New South Wales coast and deteriorating services can put the health and well being of those that live there at risk.  It is time to end the self rule experiment.

Norfolk Island is important as an Australian possession because it brings into play a whole host of laws that govern the surrounding sea and any minerals that exist in the surrounding area.  This includes fishing rights and should  oil or gas be discovered beneath the sea bed it's recovery would be Australian wealth, similar to the oil platforms that brought Britain a bonanza in the nearby North Sea.

Like all isolated communities, the cost of living is subjected to the tyranny of distance.  Norfolk Island is not served by a road, hence everything from food to furniture bears the added cost of transport by sea or air.  Perhaps Federal government help can improve the greatest opportunity for sustainability - tourism.

The port of Sydney has seen a huge expansion of cruise ships plying the Pacific and most make island visits to add variety to each cruise.   Many lack the facilities to dock a major cruise ship and when the visit is to the Isle of Pines in Noumea the ship anchors offshore and the crew lower launches and ferry the passengers ashore to visit the markets and view the scenery.    With Federal government help, it may be possible to add Norfolk Island as a regular day stopover - with a resultant increase in income.

Perhaps this change of status should not be seen as a loss, but rather as a gain.   The island folk are shedding the load of sustainability for a small community and coming under the shelter of the Commonwealth umbrella.   It may herald a better life for all !

The End of Untimed Phone Calls ?

There was a time when having a private telephone connected to your home was seen as an indulgence. Common folk made their calls from the public telephone boxes dotted about city streets. Local calls were untimed, but if you needed to call someone outside of your city or country town it involved using the dreaded "Trunk Line "network.

All trunk calls were booked in three minute segments and were increasingly expensive in relation to the distance involved.  The telephonist would break in and ask  "Are you extending "-  and such calls were usually restricted to announcing the birth off a new baby, a death in the family - or to deliver a birthday greeting.   They did not encourage long conversations.

When automation entered the picture thousands of female telephonists across the country lost their jobs and we found ourselves able to dial numbers directly.  "Trunk "call rates dropped precipitously and we entered the era of being able to dial up telephones in other world countries, but local calls within our local area remained untimed and at a fixed rate.

Then came the miracle of the mobile phone - with the first ones about the size of a house brick. All their calls were timed and distance was no longer an obstacle.  Many dispensed with a home telephone altogether and today the home phone is fast becoming the preserve of the elderly, and it seems that the government is considering a request from the phone companies to end the era of untimed local calls.

That prospect opens an interesting can of worms.   Local calls are charged at twenty two cents each and obviously suit the people who engage in very long conversations on a regular basis, but the vast majority of calls are short - and if this timing option is allowed it is likely that the base rate will drop sharply.   The biggest challenge will be to condition elderly users to a timing charge replacing unrestricted phone time.

It will certainly have a vast bearing on the service level most merchants have in answering calls from their customers.  An increasing number of business houses greet incoming calls with a recorded message which invites the customer to select from a list of servicing options by pressing keyboard buttons - and then announces that all their representatives are engaged on calls - and that they have been placed in a queue.   It is not uncommon for that wait to extend to ten - fifteen -  twenty - and even forty minutes.   It is unlikely that many elderly people - aware that they are now on a timed call - will tolerate that level of disservice !

It is astonishing that firms that spend millions on corporate advertising to entice customers to make contact then treat them with indifference. In most cases there is a long wait - irrespective of the time of day called - and it is obvious that the facilities for processing sales enquiries are lacking.  What enrages many people - but is tolerated on the basis of an untimed call - will result in hangup if the potential customer knows that the call is steadily ticking up a charge on the phone bill.

The government is considering this timing charge request with great caution.  The fixed rate for local phone calls came into force when the entire telephone system in Australia was in the hands of the Postmaster Generals Department ( PMG ).  It is now entirely in the private sector and a vast array of "bundling " mixes all forms of electronic communications - including access to the Internet - in plans with a variety of cost options.

Just as the mail service has seen a sharp increase in "Return Postage Paid " envelopes encouraging customer participation, it is likely that if time calls are permitted to local calls there will be a similar increase in toll free numbers offered by commercial firms.

Considering that the entire phone system is now an integrated automatic labyrinth of interconnectivity it is hard to see how timed or untimed local calls make much difference !

The Language Fog !

A recent trial was aborted when it was decided that the version of evidence presented by an interpreter may have substantially differed from that tendered by the accused.  A young Chinese woman was facing a judge over the accuracy of information she gave to an accountant that resulted in a false tax return being prepared - and that this was later used to falsely support an application for a loan.    The judge noted that the interpreter often prefaced what she interpreted with   "Well Anyway "- which seemed to indicate her appraisal rather than the literal wording used.  The judge ordered a retrial at a later date.

In serious court matters which involve those not competent in the English language interpreters are supplied and they receive their qualification and grading from the  National Accreditation Authority for Translators and Interpreters.  In this case, the interpreter was graded at level 3.   The more complex the evidence involved, the higher grading of the interpreter required.  The quality of the interpretation can be vital if it rests on nuances and the intricacies of how some words apply in other vocabularies.

Australia is a country with an ever increasing population born overseas and to whom English is a second language.  While interpreters are required as a matter of course in the higher courts the vast majority of cases appearing before a local magistrate struggle with language difficulties.  It is not uncommon for an accused to be accompanied by a friend or family member - and sometimes a child - to try and act as an interpreter.

It is also common for an accused to feign ignorance of English in the mistaken belief that this will aid his or her defence.  It is often claimed that because of a lack of English language skills, the law broken was unknown to the accused.   We recently had a recent Middle Eastern arrival claim that he didn't think that rape would be illegal in this country.

It seems that a rule of thumb division applies to the need for an interpreter in our legal system.  If the case before a court has even the possibility of a prison sentence as the likely outcome, not only will the accused get legal guidance from a court appointed lawyer but an interpreter will be supplied as a matter of course.

It seems to be the protocol that when facing a magistrate over a "minor matter " which will probably end with either a caution or a small fine the accused has the responsibility of overcoming any language difficulties.  Even the most recently arrived will usually be in contact with others from the same race who have acquired proficiency in English or at least elders from whatever religion the new arrival practices.  It would be unusual not to find volunteers willing to help with such language matters.

One of the problems of our multicultural approach is that we no longer urge our new arrivals to make an effort to learn the English language.  In earlier times, English language classes were voluntary - but it was government policy to achieve a common language and constant pressure was applied  to achieve that result.  Now it seems that there has been an attitudinal change.  Asking someone to learn a new language is deemed an imposition and an affront to the multicultural ethos of a multi language society.

That seems to run against the grain of English fast becoming the world language of business - and the huge benefits of having a common language which all citizens understand and use to communicate !

A Troubled Future !

The future of the United Kingdom looks less assured in the aftermath of the recent poll.  Undecided voters made a last minute decision to back David Cameron's Conservative party and he gained 330 seats in the 650 seat Commons.  It was an unexpected victory and completely overturned all the pre-poll predictions, but it also signals trouble ahead.

The pundits were correct in predicting that Labor would suffer a reverse in Scotland which was it's former stronghold.  The Scottish  National Party  ( SNP ) swept away 58 of the 59 seats and will now form a significant presence in the new parliament.  Their main objective is to take  Scotland out of the union with England and Wales, despite a referendum as recently as September 2014 delivering a 55/45 decision to maintain the union.

It seems that the majority of Scots wish to remain a part of the EU and if David Cameron holds an "in/out " referendum as he has promised the future of Britain in the EU seems assured.  What has changed seems to be the mood of the people of Scotland.  This huge victory of the SNP will be interpreted as support for a new referendum on independence and as this grows in strength it will become impossible to ignore.

The days of the British Empire were made possible by a united Britain punching well above it's weight within the community of nations.  That empire has now dissolved, but Britain has a seat as one of the five great powers that hold a veto within the councils of the United Nations.  It is no longer the world's sole superpower, but it is a significant force both economically and militarily within the United Nations and should Scotland withdraw that presence would be diminished.

It seems certain that a decisive factor that will engage many people's minds both north and south of the border with Scotland will be the fate of Britain's fleet of Trident nuclear submarines, located at Her Majesty's Naval Base Clyde at Gare Lock in Argyle.   The SNP has a platform plank that demands that HMNB Clyde be closed and that the nuclear submarines be removed from Scottish waters.

Some will question the wisdom of maintaining a relic of the cold war.  The fear that the Soviet Union might deliver a first strike convinced America, Britain and France to always have submarines at sea capable of delivering a multi-warhead response to a surprise attack.   Such a response seems good insurance against a newly aggressive Russia and a fast growing Chinese offensive capability.

There are serious questions whether nuclear submarines could be accommodated at Britain's commercial ports and should this nuclear deterrent be scrapped, Britain would be reduced to a lesser military power similar to Holland or Belgium. It would certainly be a blow to the British prestige image.  It is possible the government might consider relocating that submarine base offshore to another Commonwealth country - if permission could be obtained.   Retreating ice creates some isolated harbours in northern Canada and Australia's vast coastline offers possibilities.  Bases are essentially supply depots - as the subs are constantly on patrol somewhere in the world's oceans.

The main outcome of this British election seems to be a change of mind in Scotland.  The independence issue that was supposed to be settled by referendum has reignited and it seems inevitable that pressure will build to again take it to the polls - with a very probable different result forthcoming.

The world has learned that peace is impossible when a section of the community is not in harmony with belonging to the national identity of the country to which they belong.   Could this be the final disintegration of the mighty British Empire ?    The cohesive force that fuelled dominion over parts of the world on which the sun never set splitting at it's core and reverting to the tribes that ruled prior to when London was an outpost of Rome - in the days of Julius Caesar ?

Such is the fate of so many empires that once ruled this world !

Rent your Roof Space !

It is surprising that it took so long to eventuate !    Power company Solar Energy is devising a plan to offer to put solar panels on the roofs of people's houses under agreements where they own what amounts to "mini power stations "" and compensate the home owner by way of a discount on the power produced.

The target areas are Sydney, Adelaide, Brisbane and the Gold Coast and this will deliver a financial reward to homeowners without any outlay on their part.  The cost of solar panels continues to decrease as the rate of power generated increases and this proposition to site them on private property overcomes one of the killer costs of any new venture - the cost of buying land in high density city areas.

It is certainly brilliant thinking to seek solar accommodation on the vast area of roofing that presently serves no other useful purpose than to shelter the householder from falling rain.  Fed into the power grid during daylight hours they reduce the need for electricity generation using fossil fuels and pay a greenhouse gas dividend by reducing our carbon footprint.

The sticking point is likely to be the compensation offer for siting panels on people's roofs.  The present arrangement for solar panels owned by householders allows unused electricity to flow back through the meter and augment the power that the supply company sells to other customers - and this is priced at just six cents a kilowat hour - a mere fraction of the outward charge.

If the solar panels are owned by the power company, logic suggests that the price paid for power generated would need to be lower than that offered to the actual owners of rooftop solar.  Basically, it comes down to a matter of "rent ".     The home owner is renting the space on his or her roof to a power company and will get a varied return - depending on whether the sun shines brightly or it is a dull day of menacing cloud.  It is surprising just how much power is generated across the entire weather spectrum.

There are other limitations that the wise would do well to consider.  Many scientists contend that the future of solar is linked to the development of battery storage. Better and cheaper battery design is heading towards the ability of rooftop solar to channel unused electricity into storage for use when night falls - and the home becomes entirely self sufficient in it's power needs.  Obviously, solar owned by a power company would contain a limitation preventing such an installation.  The cost return would need to be balanced between what is returned to the grid and what flows the other way through the meter.

This idea is also likely to spur innovation in house design.  When we look at existing solar roof panelling it tends to consist of panels covering a fraction of the roof area.  Surely the manufacturers of roofing systems are going to evaluate the prospect of integrating solar collection into the products they sell as roofing so that the entire surface becomes a collector.   That could quickly become an option for those considering building a new home - turning the roof area into a money generator for their own use - and with surplus available for sale to a power company.

Of course, the door is opening on a new avenue of opportunity that will not be lost in the commercial world.  This innovative idea of renting solar space to generate electricity will have implications for vast factories as a way of gaining a return on space that is presently contributing nothing to the company bottom line.   Roof space is likely to be a new wealth frontier - and if it is viable for one power company there is every liklihood that the rest will pile in and demand for rental roof space will soar.

Logic suggests that those who actually own the solar panels on their roof have the upper hand in negotiating the return from those panels !

United Nations Charters !

There is something unreal in the scenes we are seeing on the nightly TV news.  Inflatable boats packed shoulder to shoulder with men, women and children crossing the Mediterranean in the hope of making a new and safer life in Europe.   These are people fleeing for their life from war being waged between religions in Africa and the Middle East.  The United Nations charter applicable to refugees demands that they be accepted and given shelter.  This seems to be a collision between humanity and practicability.   We are talking about the possibility that the southern states of Europe may be called upon to absorb numbers equal to their present local population.

This United Nations charter demands that the receiving country accept responsibility for recording the details and giving a number to all incoming migrants - and taking responsibility for their future well being.   It is assumed that the combined countries of Europe will share in the distribution of finding homes for these people - and that is sadly lacking.

It is distressing to know that rescue operations have been scaled back because of costs - and opposition to this wave of new arrivals completely changing the the lifestyle of host countries - and that hundreds are drowning making an unsafe crossing of the Mediterranean.  Perhaps the thinking is wrong and the attention of the United Nations should be concentrated in creating safe enclaves in the home countries of these refugees - and if necessary arming and training them in their own defence.

The present thinking completely ignores the cost and social upheaval of assimilating vast numbers of people with a different lifestyle, religion and customs on the home populations of countries that just happen to be geographically the nearest point to which such refugees make a landing.  The United Nations pleads with other countries to share the load, but when they fail to respond - simply shrugs it's shoulders and walks away.  Surely the receipient country receiving refugees has a right to maintain the customs and lifestyle that represent it's own individuality as a sovereign nation.

It seems to be the objective of the United Nations to put in place a peace plan - and mostly this rewards the aggressor.  Religious intolerance is usually the base factor in oppression and in some cases it is actually the legitimate government of that country which is oppressing a sector of it's own people.  They flee - because they lack the weapons with which to defend themselves.  In many cases the only practical solution is a division of boundaries within that troubled country to create a separate homeland for warring religions.

The United Nations tends to completely disregard the rights of countries on the receiving end of refugee streams, but is scrupulous in defending the legitimacy of whoever is in power in a regime at war with it's own people.   The time is long past in abiding by lines on maps drawn in colonial times to suit the great powers of those days.   If that means sub-division and the creation of new countries to suit religious divide - then so be it !

The United Nations came into being at the end of the second world war and set it's charters based on the events that were happening at that time.  Unless it recognises that we now live in a different world there is every chance that refugee flows will change and recreate frictions in other settled parts of he world that will recreate the divisions that caused people to flee in the first place.

Perhaps the most basic right that one person can give to another - is the means of self defence !

Buyer Beware !

Let us hope that the wise people at the Reserve Bank got their decision right on Tuesday when they lowered interest rates to an all time low.  The intention was to stimulate the economy by putting a little more money in the pockets of the public and the consequent increase in spending flowing on to investment and job creation.  In all probability, it will deliver very mixed results.

The self funded retirees will not be going on wild spending sprees.  In fact the drop in income flowing from their investments will see some applying for a part pension for the first time, and there is a danger that desperate people will be tempted to give serious thought to very insecure offers that promise higher profit returns.

Those with existing home mortgages are also unlikely to lower their monthly repayments.  The wise will use this opportunity to speed up the reduction in capital owed - and create a buffer against unforeseen future circumstances.  The more equity they have in the home they hope to one day fully own, the more insulation against swings in the money market.

The big danger is that this rate reduction will fuel the bubble that has expanded home prices to an insanity level.  In particular, prices in Sydney are way out of kilter with the rest of Australia and this phenomenon is duplicated in many overseas cities.   A similar replication exists in London.

The median Sydney price of a home is now over $900,000 and there is every chance that it will soon hit the million mark - and that means first home buyers need to get a foot on the rung of the ownership ladder or they will be forever priced out.  There is a danger that many will beg, borrow or steal enough to cobble together the minimum deposit lenders require and take the plunge with mortgage repayments that cripple their income level.

The housing market is very like that old parlour game of  "Musical Chairs ".   The loser is always the one left standing when the music stops - and in the housing market that is when prices stop rising and for sale signs become a glut.  It would be a very brave person who believes that the present low interest rates will hold well into the future - and that the Australian economy will remain free of cyclical downturns.

The history book says otherwise !   The world economy was experiencing a boom prior to 2008 and the slicing and dicing of  unwise home mortgages into investment packages granted AAA rating by the security industry suddenly threw the money market into a spin - from which we are still recovering.   At other times, just a rumour going the rounds can set off a disastrous run on the stock exchange.  Nobody has been able to factually explain what set off the chain of events that in 1929 sent the whole world into what became known as the "Great Depression "!

Just as sure as God made little green apples we will see interest rates rise and there will be changes between bull and bear markets on the stock exchange.   The only thing inexplicable is the timing in which these events will occur.   It is also an inevitability that such changes will be disastrous to some people and that others will actually gain prosperity from such adversity.

The pundits will pontificate and we will get varying shades of opinion of just what these changes in interest rates will deliver - and how they will play out on the world stage.   The wise will do their own thinking - and factor in the worst case scenario when making decisions !