Thursday 30 June 2016

Green Slip Boondoggle !

The compulsory Green Slip insurance cover required with ever car registration renewal in New South Wales is the most expensive in Australia.   Every motorist is now paying a premium that ranges from $ 537 to $ 886 - and there are indications that it will increase by between 10 and 20 % in the near future.

Sadly, 7,000 road users are not covered because this is an "at fault "scheme.   As a result the claim process tends to wend its way through the courts at glacial speed and just forty-five cents of each premium dollar actually reimburses victims.   The balance is eaten up in insurers profits, medical expenses - and fattening the wallets of the lawyers who specialise in insurance claims !

The bean counters are appalled at the percentage of claims that fall under either "Whiplash " or "Soft Tissue "  category.   We are well aware that unscrupulous citizens are staging accidents for the intended purpose of claiming for injuries that do not exist.   The green slip cover is seen by some as a fat milking cow from which easy money can be extracted.   Car accidents - at very low speed - take place with the precision of a movie script.  Often, the entire contents of one of the cars is a family who claim multiple soft tissue injuries which are impossible to disprove - and hence claims continue indefinitely.   Now the rules on disability payments have been tightened, this car accident scam is the new way to keep the money flowing.

There is an expectation that the scheme is about to change and that it will be similar to the "No Fault " cover introduced in Victoria.   This will deliver "specific benefits " for a range of injuries and cap the ongoing determinations that presently exist, with a safeguard that taking the matter to court will be available for those who disagree that fair compensation has been awarded.  In such instances, the victim will need to satisfy the court that unusual circumstances apply.

Court action will still be available where an injury that may be trifling to the average person delivers an ongoing debility because of an unusual aspect which would be better compensated by a lump sum award.  In the majority of cases, moving from an "at fault " to a "no fault " scheme will remove the need for a lawyer to decide the outcome.

The police accident investigation branch has been successfully unmasking more contrived accidents. The plethora of cctv cameras that councils have installed in public places and the huge number of security cameras guarding business premises and private homes often record events by sheer chance.   The investigators are cleverly learning where coverage may be rewarding and actual footage of events can disprove the claims made in compensation cases.  Making a spurious claim is a criminal offence and camera footage can lead to prosecution.

The aim of this change of status is to make the scheme simpler - and fairer !   Removing the scams milking the insurance pool will at least stop the sharp escalation of premiums and may actually bring about a decrease.   Importantly, much more of that premium dollar will go to compensating victims rather than flowing into lawyers pockets !

Wednesday 29 June 2016

Duty of Care !

This week again saw the notorious "" Hoarders House "of Bondi withdrawn from auction for the forth time.    The elderly owner arrived at the Sheriffs office at four twenty-five in the afternoon with a bag carrying one hundred and sixty thousand dollars - in cash.   Just months earlier, another forced auction sale had been averted by a similar incident when a hundred and eighty thousand dollars in cash had settled a council cleanup bill.

This house in Boonara Avenue, one of Bondi's prestige streets is a regular item of interest to Sydney residents.  It is a "curiosity "because it regularly appears in the news when council work crews with massive trucks and Bobcat loading equipment arrive to to manually remove many tons of household rubbish piled up in and around the house - and completely filling the garden well above fence level.

The owner is an old lady and with her two elderly sisters they appear to suffer some sort of "Repetitive Collection Syndrome ".   The moment the house and yard are clear and the council workers leave they commence raiding the wheelie bins of neighbouring properties and piling rubbish gained on their land.  All this has absolutely no value and some of it contains food matter which attracts cockroaches, rats and other vermin.  The smell is atrocious in summer and the council have declared it a health hazard.

No doubt other Bondi residents must have been disappointed when the owner came up with the cash just twenty minutes before the auction deadline.   This noxious eyesore has been an ongoing threat to the area house price for years and each time buyers gather as auction time approaches there is the promise of relief. There is an expectation that the property would fetch a bid above two million dollars and most likely the aged cottage would be demolished to make way for a new home.

We pride ourselves in the degree of personal freedom we enjoy in this country, but surely this is counterbalanced by a duty of care that rests in the hands of the state.  We are not free to do entirely what we please.  There are laws that restrict many actions that cause damage or loss to others and restrictions apply to what we may build or do with property we own.   We are a tolerant society - but there are limits to personal freedom.

Surely the actions of this "Hoarder Family " fall within the bounds of a "compulsive disorder "?  The stacking of repulsive rubbish metres deep around a family home is not the action of a normal householder and it presents a health risk to both the residents of that house and others living nearby.  As a result, the council acts within the law to send in work crews to clear the hazard.

Basically, this householder is committing "economic suicide "!   Eventually, it will not be possible to stave off auction.  The property will change hands and the hoarding will cease, but the family will receive the surplus sale proceeds and may buy again in a cheaper suburb - and there is every chance that their hoarding habit will recommence and inflict this same misery on their new neighbours.

Perhaps we need to have a second look at our mental health act.   If someone is wilfully dissipating their means of support and living by action inconsistent with normal standards and that action also breaks other laws - there is a need for state intervention to deliver care.   In fact it would be reasonable to contend that living amongst rubbish containing vermin would be a risk to the health of the family that required immediate medical action.

There seems to be a reluctance to invoke health laws which contain fairly wide interpretations for fear of accusations that personal liberty is being restricted.  This clearly seems to be a mental health issue which ticks all the boxes.   The actions of the family are breaking ordinance laws, creating a health hazard for themselves and others - and creating an ongoing drain on their ability to financially survive.

The state would be remiss if it allowed this to continue to its inevitable conclusion !

Tuesday 28 June 2016

Speed Limit Options !

The Road Safety people have been spruiking the "Speed Kills "message for many years and that is undoubtedly true.   The police accident investigation branch in New South Wales reports that speed was a factor in 127 of the 307 road fatalities of 2014 and so far this year - for 146 of the 350 road deaths.

One of the options under consideration is a clever device that tracks the vehicle and sounds a loud and consistent warning if it exceeds the speed limit.   It is similar to the navigation systems we use to get from place to place by linking with a satellite and instead of telling the driver which turn to take it monitors the cars speed with the posted speed limits.

The suggestion is that this be a tool available to the courts to impose on repeat speeding offenders.   It has been compared to the alcohol analysis lock which people with alcohol offences must fit to their cars as a condition of holding a valid driving license.    The engine will not start until they blow into the device and record an alcohol free reading.

This ISA monitor leaves the driving decisions in the hands of the person behind the wheel and only gives a loud and persistent speeding warning, and it can not be muted or turned off.  Critics claim that would be a distraction that might be more dangerous than moderate speeding because it would sound the moment the car edged over the posted limit - and it would take no heed of the speed of the surrounding traffic flow.

Most modern cars have cruise control fitted and it is a fact of life that those who travel the arterial highways with a posted speed of 110 kph know that if they fit their cruise control to that limit they are constantly passed by other traffic.   Either other drivers are not using cruise control or have set their unit higher than the posted limit.

There is an option to control highway speeds which has been implemented in some other countries. Cameras capable of reading license plates are strategically located at various points on the journey between cities and computers automatically analyse the time each car takes to complete the gap between cameras - and compare that time with the legal speed needed to achieve that result.  Speeding means they arrive too quickly - and receive a fine in the mail.

That has been tentatively  tested against this nations trucking fleets by has so far failed to get full implementation.   There are no plans to link this ISA speed warning device to actually controlling the speed of the vehicles to which it is fitted.  From a safety point of view, it is deemed essential that full control of the car must always remain in the hands of the driver.

That will change when the age of the "driverless car "finally arrives.   All the cars on the road will be automatically governed to move at a uniform grid speed by their proximity to one another and the surrounding conditions.

Until humans convert from drivers to passengers the speed of vehicles will be at the mercy of human temperament and sensibility !

Monday 27 June 2016

Fire Safety !

Winter delivered Sydney's coldest day of the year this week and our fire brigade suburban stations braced for a peak in call outs !   Statistically, sixty percent of all house fires occur between the months of June and September.

We have a need to keep warm and cold weather heavily influences the food we prepare.  Fire investigators examine the aftermath of every fire and a familiar pattern of causes emerges.  Of the 175 house fires in Sydney this month, 83 started in the kitchen.

The glaring culprit is food cooked on the stove top - and the common reason for the fire is the person cooking leaving that task unattended.  In some cases, perhaps attention is diverted away by an incoming phone call or the need to attend to another distraction within the house. Frying food risks a flashover from over heating or "burning dry "and igniting and that can set alight to the oil and grease trapped in the range hood - and quickly consume the cupboards.

Food cooked in the oven and left forgotten rarely ignites.   It causes dense smoke damage and can be a danger to the health of residents, but in most cases it is confined to the stove and is so contained. The primary cause of house fires is the stove top - and how the resident responds to a flareup. It is always an increase in danger to treat an oil or fat fire with water.  Ideally, applying a fire blanket or even a wooden cutting board to cover and cut off the air supply will extinguish the flame.

On average, every year over five hundred Sydney residents suffer injury in house fires - and last year twenty-one lost their lives to that danger.  Other common causes were old or damaged electric blankets and grossly overloaded power boards used to supplement inadequate electrical wall sockets.
The golden rule with heating appliances is to be sure that there is at least a one metre gap between them and any flammable object - curtains and lounge chairs.

Candles certainly deliver a romantic atmosphere to a room but should never be left unattended.  A sudden gust of wind can cause curtains to billow or the movement of the residents dog or cat may make the candle holder  topple.   Never retire to bed, leaving candles lit.

A century ago open fires were the main means of heating in most homes but that is now rare.  Firewood is scarce and very expensive and most fireplaces have been replaced with combustion heaters - which require less fuel and safely contain the flame.   Unfortunately, every winter we have a few cases where in desperation to keep warm someone brings a BBQ or an ornamental fire pit into the house - and suffers death from carbon monoxide poisoning.

What is entirely safe out in the open air can be totally deadly in the confines of a room.  Even a gas BBQ lit indoors consumes oxygen in the air and replaces it with carbon monoxide.  This odourless gas causes the user to lose consciousness - and death quickly follows.   Any sort of combustion needs a chimney to vent the gas produced.

We are now at the peak of the fire season.  A very good reason to check that you have a smoke alarm - and it is working !    At least an early warning may allow you to escape the fire and save a life - and the fire brigade will do its best to limit the property damage !

Sunday 26 June 2016

A " Changed " Europe !

The opinion polls hinted that " Brexit " would be the decision delivered by United Kingdom voters, but the ramifications are not entirely clear to all.  A British exit from the EU will have far reaching consequences across the entire world - and it comes at a time when the leadership of America is about to be decided in an unusual contest of individuals.

David Cameron has offered his resignation and it is likely that Boris Johnson will be his replacement. The Tories are deeply divided and arch socialist Jeremy Corbyn will be a serious contender at the next election. The "United " term of the United Kingdom is now in doubt.

Scotland voted 62% in favour of " Remain " and First Minister Nicola Sturgeon has made it clear that a second independence referendum is now inevitable.   It is quite possible that similar pressure will develop in Ireland and Wales and Britain may devolve into a nation called " England ".    If that happens, the power of the exchequer will be vastly diminished and it will no longer be a major power in world affairs.

That power was exemplified by having one of the five permanent seats at the United Nations Security council - and the right to implement " Veto ".   America, Russia, China, France and Britain were accorded superpower status because they were the countries armed with nuclear weapons.   Others have joined this nuclear club, but none have been accorded the right of " Veto " and all five have submarines deployed with ICBM capacity.

The only viable British base for it's fleet of nuclear powered submarines is in Scotland and those Trident subs are overdue for renewal.   If Scotland chooses independence it has signalled it would require the base to be closed and there is already budget difficulties in finding the money to build a new submarine fleet.  A Scottish withdrawal would certainly bring this issue to a head.

Should what would be left of the United Kingdom turn to Labor to govern and Jeremy Corbyn become prime minister it is quite clear that he would seek unilateral nuclear disarmament.   The Trident nuclear submarines are the only serious British deterrent to a nuclear war.  Land based missiles in silos and nuclear bombs carried by aircraft are vulnerable to a first strike, hence any country that lacks submarines loses credibility.

All this comes at a time when there are doubts about the ability of  NATO to respond to a challenge. The nations of Europe were quick to shelter under the American nuclear umbrella when Soviet Russia was actively trying to impose Communism on the world.  The threat of Soviet tanks rolling through the Fulda gap and overrunning Europe was very real.

The economic collapse of Russia removed that threat and the European economies declared a " peace dividend ".   They reduced spending on arms and the will to go to war to defend their neighbours has sharply dwindled.  In a crisis, there would be back sliding.

If Britain abandoned its nuclear weapons, European defence leadership would pass to France - and at a time when China is expanding into the South China sea and Russia is showing aggression in Ukraine the Baltic states are getting nervous.

That referendum in the United Kingdom have tipped over the chess board of world power.   We await with interest to see how the pieces are arrayed for the next game !

Saturday 25 June 2016

Law Limitations !

Ask any new age woman in Sydney about abortion and they will assure you it is available " on demand " !   They are right about that,but it is also illegal !    We still have a hundred year old law on the books and both New South Wales and Queensland are the only states that have not taken the trouble to have that law rescinded.

It looks like it may stay that way.   A bill to rectify that omission proposed by the Greens was considered so unimportant that it was moved down the order of precedence and will probably still be waiting to be heard when this session of parliament ends.

It seems a typical case of amending custom by inertia.  A few decades ago the cops were actively pursuing backyard abortion clinics but ignoring well heeled society doctors who were providing this service under various medical labels.   That had feminists kicking up a fuss because women with money had no problems accessing abortion but poorer women were denied service.

The Fred Nile group have repeatedly tried to move obstacles to make access to abortion more difficult, and there are moves to restrict anti-abortion demonstrators from harassing women seeking abortion by moving them 150 metres away from clinic entrances,

That old shibboleth of " letting sleeping dogs lay " comes to mind.   Once a bill to legalise abortion comes to debate in the parliament it will rouse both the churches and the anti-abortion lobby to a frenzy.   The things politicians fear is being forced to openly record their vote for all to see.  It will be a long time to the next state election - but some voters have very good memories.

Another clash with the law happened in Sydney this week.   A farmer chose the peak morning commute to ride his horse across the Sydney Harbour bridge.  It was his way of protesting global warming and it certainly got the attention of motorists, the police and the media.   It slowed the lane he used to a crawl and others slowed to view and photograph the spectacle.

Surprisingly, the police will take no action.  Crossing the bridge on a horse was normal procedure many moons ago and the charge was threepence when a toll was collected at the bridge toll booths. Today the tolls are collected by " E " tags and that threepence has increased to four dollars.  Of course the horse was lacking an " E " tag and it is considered unlikely that tag company will pursue the matter.

The farmer says he was a little apprehensive that his horse may have panicked when confronted with a wall of surrounding noisy traffic, plus the roar of trains crossing the bridge, but it took all that in its stride.   Once again, the absence of horses from the Sydney traffic scene seems to have escaped the attention of the lawmakers.   It is probably a very long time since the last crossing was made on a horse - and it remains perfectly legal.

Some legal people have proposed that all legislation should be enacted with what they call a " sunset clause ".    A specific length of time - after which legality ceases, unless the parliament chooses to renew it for a further fixed period.    The idea is that all legislation would be the better for periodic review to see if it is still necessary - or still desireable.

Of course that does nothing to correct past precedent where Australian law was inherited from the canons of old England and some clever lawyers still unearth ancient decisions that can be used to influence modern day cases.

It will be interesting to see how long it takes for that old abortion law to finally creak its way into twenty-first century legality !

Friday 24 June 2016

Winning - By Violence !

A case before the Sutherland local court has thrown the spotlight on a problem that is causing parents to withdraw their children from the junior Rugby League competition because of the violent tactics used by some teams.   A 34 year old trainer of a team notorious for rough play is accused of running on to the pitch and punching a teenage referee in the face - because he sent off a player for a serious rules infringement.  The sixteen year old referee suffered a fractured eye socket.

An adjournment was sought to allow the accused to prepare a mental health defence and the man was under instruction of a solicitor who was helping to construct a bid to have the charge dismissed. It seems that this incident was the culmination of a long string of incidents that have plagued this particular team and made competitors reluctant to face them on the field.

Parents who give their player sons support by attending games comment that matches are often marred by on field incidents from both players and the watching crowd.  Yelling abuse is common and bottle throwing often results from unpopular refereeing decisions - and one such altercation resulted in a player from the other team sustaining a broken arm.   It seems that this rough play and violence is encouraged by the men who train the players and given them tactical advice.

All sporting codes come down hard against any sort of violence against referees.  Any player attacking a referee can expect to be banned from the game - for life.  The safety of the referee is sacrosanct and even a menacing attitude and a torrent of abuse can see the culprit given a lengthy suspension.   Similar punishment awaits spectators who run onto the field and it is suggested that this accused was already warned off and suspended for similar previous incidents.

This is a dilemma faced by all sporting codes.   We encourage dads to support their childrens interest in sports by attending games but some people are temperamentally unable to suppress their aggressive nature - and this spills over into either a demand for success on the field or harassment of their child to the point where playing sport becomes a misery.   In extreme cases, attempts to navigate a child to sporting success by impossible demands simply drives kids to hate sport and devise methods to avoid it.

It becomes doubly dangerous when such an assertive dad becomes an official of his childs club and holds a position such as trainer or tactician.  This is where incitement to rough play can affect the entire team and instead of healthy competition it becomes an obsession - to win at all costs.

This is not helped by the on field conduct of national teams.  It is common for punchups to break out in televised games and often these receive encouragement from the commentators.   Often the predictions for a clash between teams with a long history of rivalry are studded with suggestions that this will be a bruising encounter - and many go to the game as a spectator with just that outcome in mind.

Many people will await the outcome of this particular prosecution with interest.   It seems that some adults have turned a junior rugby team into what are described as " a gang of thugs " who go on the field to intimidate and injure.  It is up to the courts and the game officials to impose penalties and bring this situation under control.

If left uncorrected the junior league which feeds promising players into the national game will wither away - and parents will encourage their sons to find a more rewarding avenue for their talent in Australian Rules or Soccer !


Thursday 23 June 2016

Opening The Flood Gates !

Serving the people desperate to get to Australia is a very profitable trade for those without a conscience.   They simply buy or steal a barely seaworthy boat and pack aboard bodies to fill every imaginable space.  As long as it capable of travelling well out of sight of the country of departure they are satisfied because every soul aboard has paid what amounts to a King's ransom for the privilege of facing an agonising death at sea.

We see pictures from the Mediterranean of men, women and children packed shoulder to shoulder in inflatable boats powered with outboard engines.   These have not turned up in Australian waters because the journey is longer but this hugely profitable " people smuggling " operation follows the same rules.  The people smugglers are selling " hope " with blatant dishonesty.   They really don't care if the refugees reach land or die at sea.   They are in it for the huge profits that people smuggling deliver - for a very small outlay.

Right now Australia is vulnerable to the trade resuming.   We are just days away from an election and some people with political ambitions are seeking votes by claiming that they would clear the detention facilities offshore - if they were elected.   The two major parties are careful to be unequivocal that nothing will change, but the people smugglers are cleverly circulating rumours that a Labor victory is in sight - and that would see the monumental changes that Kevin Rudd delivered after his victory back in 2007.

This week saw the Australian navy and a customs vessel intercept a refugee boat in the Timor sea.  It held twenty asylum seekers and the vessel was in such poor condition that its occupants were sent back to their country of origin - Vietnam - by air and the boat set on fire and sunk to remove a hazard to navigation.

This was an ominous warning that the people smugglers are very good at marketing their services. When Australian newspapers report the comments of aspiring politicians pleading for the votes of those sympathetic to letting more migrants into this country - those news stories are circulated in the Indonesian and Sri Lankan holding camps.   That intercepted boat was probably a test run to probe our defences.   Had it made it to Christmas Island - that could have opened the flood gates in expectation that out migrant policy was undergoing change.

Unfortunately, we have some people in what amounts to detention in Nauru and Manus island and they had the misfortune to arrive when a new policy had just been implemented to " stop the boats ".
It was made clear that they would never be settled in Australia - and should that situation change on humanitarian grounds the people smugglers will proclaim Australia is again " open for business " and the boat armada will resume.

Many Australians have sympathy for their plight.   Efforts are being mad to settle them in a third country but few are offering to take up this solution - and the only countries willing to grant acceptance have living standards that are considered " third world "!   It is a dilemma with no end in sight !

At this moment we are at teeter point.   People smugglers are desperate to get the boats moving and garner the huge profits they deliver and they are using this election to claim a policy change in Australia is imminent.    Once the election is over and a clear decision has been delivered the danger will have passed - but at the moment incendiary statements from the fringes of politics reported in our newspapers are being used to fuel dangerous rumours.

Unfortunately, having the refugee boats again landing on our shore is exactly what some on the extreme edge of politics hope to achieve !

Wednesday 22 June 2016

The " Undecided " !

With just a handful of days remaining before the electors of Australia troop to the polls to elect a Federal government, opinion polls show that a very large number of people fill that category described as " undecided " !   Some may not make a final decision until they find themselves in the voting booth with a piece of paper in their hand - and in this close election the choice they make may actually determine the result.

For most of the twentieth century politics was a clear choice  The vast majority of voters either supported Labor or the Liberal/National parties.   They replaced each other in office in dreary precision and any excesses in left or right legislation was usually at least toned down as the balance of power changed.  We actually achieved fairly "good government" in that era.

Today we are seeing a political change across the entire world.  Support for traditional political parties is waning and countries are more likely to be governed by a coalition of several minor parties holding the balance of power.   In many cases these are unlikely bedfellows and as a result the alliances are swiftly changing, making decisive government impossible and delivering " populist " decisions where unpopular measures are necessary to prevent financial decay.

We have seen that recently in this country.   The election of  " hung " parliaments saw power devolve into the hands of a small cadre of individuals who shamelessly held the nation to ransom by extracting the delivery of " goodies " to their electorates in exchange for their crucial support to enable one of the major political parties to govern.

The names " Wilkie ", " Windsor", " Oakshott " and later" Palmer " joined the lexicon.  Some of them are seeking to again offer at this coming election - and the name " Exenophon " may become vitally essential to the course this nation takes.   It seems unlikely that the two major parties will ever again achieve the dominance they once held.

Perhaps it is the sheer hypocrisy of politics that has tuned the voters away.   Just as in the law courts, politics is the " combat " of opposing forces.   The government faces an " Opposition " who in the majority of cases seeks to deny passage of whatever those in power are proposing.   So often, when the balance of power changes, these same policies so bitterly opposed become the legislation they are seeking to enact.   The merits of the proposal are the victim of sheer political gain.

Politics is the art of amassing the support of sections of the public and this has devolved in Australia with Labor having the backing of the trade unions and purporting to represent the " workers " who toil in industry.   The Liberal/National parties look to farmers and the vast network of self employed who generate the tax income that underpins the economy.   Every piece of legislation is minutely examined to determine its impact on each interest grouping.

Sadly, any benefit to the public must first pass the test of political sustainability - and little legislation passes without attempts to achieve at least some change.   The wonder is that with such a divisive system we actually manage to achieve an economy that is the envy of the world.

We must be doing something right if Australia is the chosen destination of thousands of people ready to risk their lives in overcrowded boats to reach this country -  and how many we will accept may be one of the issues that decides the final outcome of this coming vote !

Tuesday 21 June 2016

There's One Born Every Minute !

Its the oldest gag in the world !   Someone claims to have cracked the perfect betting system - to predict certain winners.   It draws interest on social media with a story of how this lucky punter turned fifty dollars into a motza of fifty thousand dollars - in just one month.   Incredibly, this lucky person is also very generous.   He is offering to share his secret - for just a one hundred dollar sign-up fee !

That old saying " That if it looks too good to be true - then it probably is " certainly applies.  It works on the same principle as a Ponzi scheme in requiring a constant flow on new suckers to counterbalance the losers - who drop out when their fortune fails to materialize.

It certainly deserves marks for ingenuity.  Each punter receives a personal email before the weekend races with several horses selected to at least run a win or a place.  These selections covers most of the field, scattered over the people eagerly awaiting them and therefore some of them must come out financially in front.    They are the ones who gleefully endorse the system - and bring in new entrants.   Those that complain are simply ignored - and their email predictions cease.

The betting public are conditioned to believe in incredible miracles.  Punters usually vaguely know of someone in their circle who once backed a horse than won at hundred to one odds - or perhaps just took top prize in a Melbourne cup sweep.   We do tend to glorify our successes - and tactfully forget those losing moments.

Years ago a Hobart man devised an algorithm that allowed him to very successfully spread winning bets across the racing field and return him millions of dollars.   That is a secret that remains locked in his mind, but he did share his success with the public by funding the magnificent Museum of New Art ( MONA ) which is a prime destination for tourists visiting Tasmania.

Like the pot of gold at the end of the rainbow, the lure of luck delivering sudden wealth powers both the greedy - and the desperate.   The odds of winning the ultimate jackpot from a poker machine - are millions to one - and yet countless punters pour their pay packets into these machines every week.  Every few weeks Lotto has a jackpot draw where a multi-million prize is up for grabs.  Most people dream of the life they would lead if luck granted them its favour, but in reality such success often breaks up families and provokes deep emnity as it releases the demons of greed and envy in others.

One such fortune is still meandering through the courts over a dispute over who were the members of the winning syndicate in a workplace situation.  Many such syndicates are formed by way of a nod of agreement around the lunch table and no formal listing is ever put to paper.   Not all entrants are prompt at paying their dues - further complicating this entitlement issue.

Perhaps those considering this offer of winning race predictions would be wise to give thought to a trait of nature.    If they discovered a formula that would allow them to consistently pick winners at the race track, what would they do with it ?

The vast majority of people would live the good life by simply placing winning bets to deliver the money to achieve that outcome.   Why would they go to the trouble of running a complicated scheme that involves personal time and effort - and requires a membership fee from applicants ?

That simple analysis would certainly prevent certain loss and heartbreak !

Monday 20 June 2016

A " Paperless " World !

When the wonderful age of the computer dawned we were promised that we were on the brink of a " paperless "  world.   Somehow it didn't work out that way, but the custom of getting household bills arriving in a printed paper format through the mail is fast coming to an end.

The energy companies that supply us with electricity and gas have announced that they will impose a new charge to compensate them for the cost of printing paper bills and paying the post office that new one dollar charge for each letter delivered through the post.   This surcharge will be $ 1.69 added to each bill, costing households that get quarterly bills an extra $ 6.76 a year - and a whopping $ 21 for those who need to be billed monthly.

Customers can avoid this impost by agreeing to receive their energy bills via email to their computer or smartphone, but that opens up a new set of problems when it comes to paying the bill.   Many people are in the habit of paying bills at the post office, but now such payments will incur an additional fee of two dollars per bill to compensate the energy company for the commission the post office charges them for this service.

Just to complicate things, there are problems for customers who settle their bills by using Visa or Mastercard.    These credit card companies impose a small fee on the merchants who use their services, hence those who proffer one of these cards can expect another surcharge - this time a $ 1.91 credit card fee.

All those fees will cause distress to those not hooked up to the Internet and who regard electronics as a mystery.  Exemptions will be granted to pensioners, concession card holders and those on hardship programmes, but the broad spectrum of energy customers will have no option other than to switch to email billing - or accept higher energy bills.

All this is part of an emerging pattern.  In the distant past commerce worked on the custom of providers billing our purchases on a monthly basis - and allowing us thirty days to settle the bill.  In some cases, we were even offered a small discount if we settled in seven days, and usually payment was by either cash or a cheque.  Many people were notorious for not paying on time, necessitating costly follow-up billing.

Today's world is marching towards a regimen that requires automatic settlement of bills by the bank serving the customer.   That is fast becoming the only way that services like mobile phones, cable television entertainment, car purchase repayments and a host of other periodic payments will be accepted.   If insufficient funds in the customers account cause the payment to be missed, heavy automatic penalties apply.   We can expect that requirement of automatic payments to extend to all aspects of trade as the condition of supply.

Accounts that are still billed monthly usually have a payment deadline and if this is missed an automatic penalty applies - and this is usually around fifteen or twenty dollars added to the next bill.
The days of vast hordes of clerical workers processing payment details has given way to all that information being collated in the cloud - and accessed by the tap of a key or the click of a mouse.

We may never fully attain a paperless society, but certainly the days of bills in the mail is fast coming to an end !

Sunday 19 June 2016

Home Contents Insurance !

The giant storm that hit Sydney on the Queens Birthday long weekend certainly brought home the value of having what you own covered by insurance.   The State Emergency Service was kept busy putting tarpaulins on roofs damaged by fallen trees and the sheer volume of falling rain overran rain gutters and entered many homes.  In Australia 10.9 million insurance policies covering home contents insurance are in force - and each year one in every fifteen policy holders makes a claim.

A surprising number of householders are uninsured.  In particular, those renting are much more likely to be uninsured than owners, who have both the building and the contents protected by insurance cover.  In many cases,  renters under value what they own and only find out their loss when they are forced to go to the Salvation Army or St Vinnies for help after a disaster.

It is important to fairly accurately assess the true value of what you are insuring when taking out a contents policy.   Many people simply make a wild guess and in most cases find they are under insured - and that can affect a claim payout.   You are required to fully insure your contents and should the insured value be just fifty percent of what is destroyed, the insurer is entitled to pay just fifty percent of your claim.

Most insurance policies offer " new for old " cover.  If your refrigerator is ten years old they are not insuring it for its second hand value, but replacing it with a brand new unit - and that may have increased in price over the years.   The wise would walk from room to room with a pad and pen and list its contents with a guess at the present replacement value in estimating the cover required.

It is also worth remembering that in the event of a claim you may get a visit from an " insurance assessor ".   These are very cluey people and they are adept at arriving at the true value of what has been damaged or destroyed - and they will reject enthusiastic over claims.

In a house fire situation, a claimant who insists that he has ten expensive suits of clothes in his wardrobe may find the loss assessor scratching around in the debris - looking for metal zippers.  Each suit would have a pair of trousers and therefore if there were ten in the wardrobe there would be the expectation that ten metal zippers would be recoverable.   If only two could be found, the claim would be adjusted accordingly.

A similar situation applies to claiming that cameras or electrical items were of an upmarket - and expensive - brand while in reality they were from the cheaper end of the product range.. The burnt out remaining shell contains serial numbers and identification which the insurance industry is adept at tracing.

Many uninsured people use the logic that they have lived for years without a fire or storm damage disaster - and insurance is a waste of money.   But that is the whole purpose of insurance.  Because the vast majority are not suffering damage and making a claim, the tiny minority that have the misfortune to suffer loss can get insurance cover at a mere fraction of what replacement would cost.

Even if those who deny global warming is caused by human activity are right, there does seem to be an increase in bush fire intensity and we do seem to be having some extreme storms in recent times.
The uninsured must get a pang of conscience when the television news runs a story of someone standing in the ruins of their home - with the comment that they were uninsured - and " have lost everything " !

That old maxim.  "  There - but for the Grace of God - go I "  comes to mind !

Saturday 18 June 2016

Animal Rights Infiltration !

A picture that has appeared on media screens will shock many Australian viewers.   It shows a man with a sledge hammer poised above his head standing in front of a cow and the obvious inference is that the cow will be dealt a blow to the head to cause its death.  Accompanying headlines scream " Cruelty " - and so far this has resulted in live cattle exports to some provincial abattoirs in Vietnam being suspended.

We have a very active animal rights group with the intention of stopping the live export of cattle from this country and they deploy activists who try to obtain pictures of what they consider cruel practices in the slaughter and handling of Australian export cattle.   Scenes that horrified Australian viewers resulted in live exports to Indonesia coming to a halt for several months and there have been incidents of Middle Eastern culture that some people consider improper.

Many ordinary Australians have misgivings about live cattle exports.  Seeing animals herded onto crowded ships is unsettling and there is a preference here for that meat to be processed in Australia and sent overseas in frozen form.   Unfortunately, that is not practical because the receiving countries lack refrigeration in most villages and in the tropics live animals need to be slaughtered, butchered and the meat eaten in the same day.

There certainly have been incidents recorded where abattoir workers have been needlessly cruel in the handling of cattle and individual abattoirs have been denied supply until improvements have been both put in place and verified.   Unfortunately, animal slaughter is an unpleasant necessity and an infiltrator waiting with a camera will undoubtedly manage to find scenes that cause anguish to squeamish minds.

Perhaps we need to think long and hard about this picture from Vietnam.   In Australian abattoirs the killing process calls for the cattle to be stunned by a massive electrical shock.  A typical Australian abattoir handles hundreds of cattle a day and that very expensive equipment is both legally required and warranted.  Many provincial Vietnamese abattoirs are not even on the electrical grid - and in reality that blow on the head with a sledge hammer delivers a similar result.

We are equally revulsed when animals are killed by having their throats slit, and yet that has been the traditional method of butchering the family dinner since biblical days.  Cutting  the jugular vein ensures the animal fast loses consciousness and yet it is a form of death we abhor.   The animal rights people label it " cruel " !

The live export of cattle and sheep is an important Australian industry and we certainly insist that standards are maintained, but it is just too easy to apply double standards.  Here in Australia many country properties butcher a cow and several sheep for meat for their household and employees.Sometimes a cow is shot to achieve death.  Usually sheep have their throat slit.  Poultry - have their heads chopped off.   That is a fact of life which has existed from well before Federation.

That picture from Vietnam that horrifies so many people and has them calling for a ban on live exports needs a little more thought.   Animal death is a necessity in an abattoir and because of the lack of electricity for refrigeration, many village abattoirs are widely scattered and process only small numbers of animals.  The question of how death is achieved needs to be considered in that context.

A reasonable person may consider that delivering a blow to a cows head with a sledge hammer would produce a very similar outcome to that electrical shock delivered in our abattoir system.   We would be wise not to rush to judgement - without considering the practical aspect !

Friday 17 June 2016

Brexit - A Fateful Decision !

In just a few days the people of the United Kingdom vote in a referendum that may decide the fate of the European Union.   After the end of the second world war a far sighted Frenchman - Jacques Delors - proposed forming an economic community in Europe and one of its aims was to enmesh Germany in a union with other countries and prevent German militarism from reemerging and leading to World War 111.

Initially it was billed as a "Common Market " and the aim was to promote trade between member countries to the exclusion of the rest of the world.  Britain - then still ruling many far flung colonial regimes and retaining close links with Commonwealth countries - was a holdout.    The capital and nerve centre of this new conglomerate - was Brussels.

Britain eventually changed its mind but was blocked from entry by an intransigent France.  When this was overcome, many imports from countries like Australia and Canada were blocked by Common Market embargos and entry to Britain by Commonwealth citizens was through the gateway marked for "foreigners ".

There is no doubt that the speed which what was now called the "European Union " expanded was unwise. Countries with weak economies that were unable to meet the standards required by the EU were granted entry on the basis that it was hoped they would "catch up " - and in some quarters the ambition changed - there was hope that the EU might morph into an "United States of Europe "  ruled from Brussels.

Over the years change was rapid.  The "Schengen  Plan "  introduced visa free travel between many EU countries.  The delay and visa inspection at national borders was eliminated, but Britain did not join that accord, and later the most far reaching aim - a EU currency with the creation of the "Euro "- was rejected when Britain opted to retain the pound.

In recent years the cohesian of the EU has been stormy.  Some member countries have verged on bankruptcy, leading to the Euro crisis and huge bailouts.  Civil war in the Middle East and Africa has created a flood of migrants surging across the Mediterranean and causing far right politics to emerge to oppose their settlement in Europe.  What is called "economic migration " is causing disquiet as richer member countries find their borders attacked by those seeking the benefits of their welfare state.

The religious balance of Europe is changing.  Europe was overwhelmingly Christian, but these refugee hordes are Islamic and their propensity for large families will bring with it a religious imbalance.   Muslim Turkey is knocking on the door and its help in stemming the migrant flow may see it granted entry. At the very least, Turks may gain access to the Schengen plan - and with it visa free travel.

The polls show that this British referendum is too close to call - and in recent days the swing seems to favour Brexit.   The result may cause a stampede within Britain if Scotland, Ireland and Wales disagree with the verdict and opt for their own independence.  A Brexit vote will undoubtedly upend the present trade regimen in place across Europe.  What emerges from the negotiations that would follow is the great unknown.

Fragmentation of the EU could destabilize the world order.   The EU is an important trading block with influence on a fast emerging China and an expansive Russia.   Should that influence decline because it falls apart the world will become a vastly more dangerous place.

The outcome of this June 23 referendum may set the tone of future world stability !   Or instability  !

Thursday 16 June 2016

" Cat and Mouse " Tactics !

The wonderful world of electronics that connect our mobile phones and computers to the Internet have delivered the convenience of paying bills without the need to stand in queues or do anything other than tap a few keys or click a mouse.   Unfortunately, with convenience comes - risk !

It has long been a constant battle between the banks and the merchants on the one hand trying to devise systems safe from fraud and an equally brilliant criminal fraternity devising ways to make money by circumventing those security measures.

It seemed that financial institutions had the upper hand when a new strategy was introduced that promised to spot intrusions and check them out before any money was lost.  It worked by evaluating the customers prior banking history and accepting payments to payees which were regular receipients.

Whenever a new receipient was signalled for a payment that payment was held in suspense while an automatic text message was sent to the phone of the customer.  It contained a random four digit code and required the customer to authorise the amount to be paid to that named account - by entering the correct four digit code to the bank awaiting that clearance.

This safety measure was obvious.  If an external source had penetrated the customers security this unauthorised transaction brought to the customers notice would be quickly unmasked - and no money would change hands.   It was very effective - until the bandits changed tactics !

Clever malware allows intruders to take over the victims mobile phone and allow a change of that phone number registered with the financial institution.    Very quickly bogus payments are made - and when the bank tries to check the authenticity of the transaction the message is now going directly to the bandit.

There is an obvious need to quickly clear the funds gained and a clever ruse has been inflicted on many overseas students studying in Australia.   They are approached and offered an incentive to open a bank account and sign an authority to access for the bandit.   It is this account to which the illicit payments are directed and they are immediately whisked away to another account in a distant foreign country - probably to an account which is regularly cleared and then abandoned.

The key to this type of fraud is success in accessing the victims personal information and the necessary software is easily accessible to those with the knowledge of how to use it.  It seems that the implanted chip which makes tapping a card against a terminal rather than the need for a PIN increases the risk, and " card reading " methods can even access the card details while it is safely encased in the victims wallet or purse.

Students who allow their bank accounts to be used for this purpose risk being legally responsible for the missing money and so far the losses have run to more that six million dollars.  We need to enhance the care we take of those plastic cards and be particularly careful not to download material from unknown sources.   The design of malware is ever innovative.

The problem is that the electronic world is constantly improving the convenience it offers and we demand simplicity - and with that comes risk !

Wednesday 15 June 2016

" Rave " Parties !

This Queens Birthday long weekend was the occasion for a three day " Rave " party held on a bush property near Grafton, in the state's north.   The police are critical of the organizers because the event did not have a license to operate and when a partygoer was discovered dead it did not immediately shut down - as was their request.

In fact this sort of event is regarded as " illegal " and usually the requirements made by the police are so arduous that it lacks the " fun content " that attracts ravers to attend.  To many people, the lure of the " illicit " is what makes such events attractive.   The police complain that they usually lack any form of security and that medical aid facilities are inadequate.

The real reason that police abhor what they call " dance parties " is that the partygoers use the event to mask drug use.  Alcohol is openly consumed and those seeking an extra " high " supplement that with illicit drugs.  Such events are an absolute Mecca for drug pushers.  It is almost inevitable that there will be overdoses - and as happened at Grafton - one 24 year old man was discovered dead in his car.

That is where very divided thinking comes into play.  The police expect the music to cease and the partygoers to disperse quietly and go home.   To the partgoers, death is a calculated risk when they mix alcohol and drugs of unknown strength and origin.  They paid a three hundred dollar entry fee to the party - and that death was totally ignored as the " rave " continued until the 4-30 pm close on Monday.

There is big money to be made organizing a rave party.   There is a need to provide the right music and hire big name DJ's and spread the word without giving away the location too early. Then it becomes a cat and mouse game with the police.  The police could intervene and flood the scene with officers, but that would most likely end in a riot - with very bad publicity and complaints of police brutality.

This whole question of stimulation to reach a " high " has been evolving for many decades.  We once closed the pubs at six pm on the dot - and now we allow more relaxed drinking laws.  Centuries ago wars were fought to protect the profits being made from the sale of opium, and addiction was an unusual problem in this country.   Then Marijuana burst onto the world drug scene in the western world and it became " hip " to smoke a " reefer ".    So began the craving for drugs that quickly escalated to the point where drug laboratories supply illicit combinations that make a fortune for their connections.

It is evident that we have lost the drug war.  Marijuana possession in small quantities now brings just a caution and this drug is becoming legal in many parts of the world.  Wiser heads contend that a new approach to the whole drug question is needed to take the lure of the " forbidden " from making drugs attractive to young people.

There is little gain in trying to shut down all rave parties.  It makes more sense to provide medical help to combat overdoses and try and prevent partygoers driving home drug affected.  In fact, the very secrecy that saw this rave party held on a country property near Grafton made travel by car essential.   It would make more sense if such events were openly situated where parking would be restricted and access by public transport more convenient.

Unfortunately, this drug scene has evolved to the point where a death at a rave party is simply accepted - and the music plays on !

Tuesday 14 June 2016

The " Meat in the Sandwich " !

The owners of high rise apartments must be wondering how they would cope if they encountered the experience of those living in such a building in Lidcombe.   Back in January, one of Sydney's notorious summer wind storms blew the roof off their building - and it looks like the owners will have to pay the repair cost to get it fixed.

When that wind damage occurred the owners were forced to move out and they expected the insurance company to quickly restore their property.  Instead, it developed into a war between the insurer and the council over the $ 2.4 million repair cost.   It was alleged that during construction the roof design had been changed without the builder obtaining a certification certificate.  As a consequence, the roof did not meet the required structural standard to achieve insurance cover.

Months of dreary argument have followed with the two hundred and fifty unit owners either renting or staying with friends.  Then came the recent mega storm to hit the city, and a deluge of water cascaded through the building, ruining whatever furniture remained and starting the rapid growth of mould on walls and ceilings.   The water added another million to the damage bill - and that now stands at $ 3.5 million.

The residents find themselves the " meat in the sandwich " in a major dispute between Auburn Council and the insurance company - and they are seriously out of pocket.  They must still pay the mortgage on an apartment they can not use and find the rent for wherever they are now living - and no end to this dispute is in sight.

What is disheartening is the escalating costs that will continue to accrue if this dispute is allowed to wend its way through a turgid court system  The building has been allowed to stand for six months with its roof exposed to the elements and the deterioration must eventually bring restoration to be abandoned in favour of demolition.

There are rumors of an incestuous relationship between the developer, the building company and the council and the council claims that failure to obtain a certification certificate was " an honest mistake ", but that is little cheer to residents who are deprived of their homes and face financial ruin.

The disquietening spectre hanging over unit owners everywhere is that a similar disaster could arise if there are short cuts in the construction of the building they occupy.   Protocols are in place which are supposed to certify each stage of construction and the finished building needs the licensing authority - usually the council - to sign off that it is cleared for residency.

There is very clearly a need for the state government to step in and guarantee the rights of the buyers of residential property that their titles are clear and they are assured that a statuary body will intervene should a dispute occur.

We have such a body which is supposed to provide a quality guarantee on workmanship and building stability, much as applies to all manner of manufactured goods.   What is needed is clear lines of responsibility.   In many cases, building companies that run into trouble quickly fold and seek bankruptcy protection.   That should not shield the council because the ultimate responsibility for each stage of construction rests with their building inspectors.  When that " certificate of habitation " is signed, it is a guarantee that procedures have been followed.

The moment this dispute between the council and the insurer stopped repairs proceeding on that Lidcombe building the whole matter should have become subject to arbitration by such a statutory body.    The dispute was between two organizations of substance - a council and an insurance company - and the statutory authority should have the power to authorise repair work, pay for it - and collect from whichever litigant got saddled with the bill when the matter processed through the courts.

The law is lacking when - through no fault of their own - individual home owners are forced to suffer  financial misery !

Monday 13 June 2016

The Miracles of " LUCAS " and " ECMO " !

The biggest cause of death in Australia is a heart attack. It kills about 30,000 people a year and ninety-five percent of cardiac arrest patients die before they reach hospital.  Six rapid response New South Wales ambulances are now equipped with a " Lucas machine " trial and it is expected that this will boost the recovery rate exponentially.

The recommended response to a heart attack is to apply chest compression but that depends on the skill of the bystander and the ability of being able to deliver constant strokes until help arrives and during the journey to hospital.   The Lucas machine is a battery operated unit which is attached to the patient and applies a constant hundred compressions per minute by way of a suction cap on the chest above the heart.   The Lucas machine costs about $ 15,000 and it is hoped that they will eventually be installed in all of the eight hundred and fifty ambulances serving New South Wales.

If a Lucas machine is available in ambulances it is able to deliver chest compressions beyond the ability and strength of a paramedic, and in cases where country ambulances are served by a single attendant/driver.

When the patient arrives at the hospital emergency room the availability of an ECMO machine would revive even those considered clinically dead.  ECMO stands for " Extracorporeal Membrane Oxygenation " and tubes are inserted into arteries in either the patients neck or groin and the blood drained, oxygen added and carbon dioxide removed, the blood heated to body temperature - and returned to the body.  Basically, it replicates the load carried by a beating heart and allows medical intervention to find and repair the cause of the heart attack.

The availability of ECMO machines have doctors describing the treatment as " bringing  people back from the dead "  where a heart attack is being treated  in comparison to the twenty minutes resuscitation usual in such cases.

Hospital administrators warn that adding ECMO to the facilities available in emergency rooms will certainly save lives, but that saving will be at the expanse of waiting times and it will create a huge blowout in operating costs.  It will require extensive staff training to process the use of an ECMO machine and to ensure sterility many of the parts used on each patient will be single use only and discarded.   The patient will require intensive care and that usually amounts to a costing of a hundred thousand dollars day - which would be the added cost of each life saved.

They warn that it is not possible to simply add " Lucas " to the ambulance fleet and bring more patients alive to emergency rooms and have them attached to ECMO machines and expect that to be achieved with the same staff level and with the same operating budget that is now applicable.

We are accustomed to what is often described as " miracle treatment " where specialised doctors and machines can keep a dead human body functioning until decisions are made by family to " turn off the machine " and let death naturally occur.   In many cases, decisions on the donation of body parts hinge on such machines keeping them viable until arrangements are in place.

What " Lucas " and " ECMO " deliver is a more compact version of that miracle treatment that can be incorporated in the emergency room of hospitals to make heart attack resuscitation simply a general procedure available to all.

The medical profession is warning us that it is unrealistic to expect ongoing medical miracles to become universally available without us dipping into our pocket and funding the cost.   That seems to be a message few people want to hear !

Sunday 12 June 2016

The " Mystery " of our Courts !

Spectators were bemused by the strange verdict delivered in one of our courts this week.  The jury was hearing a case where a shop owner is accused of spreading petrol in his store and starting a fire to gain an insurance payout to cover his debts.   This ground floor shop had two flats on the floor above and the inferno killed a man in one flat and a woman and child in the other.  The jury viewed a video of the accused buying petrol and the resulting explosion trapped and injured him at the scene of the fire.

He pleaded not guilty, but on Friday the jury delivered a guilty verdict on the charge of being responsible for the death of the man in one of the flats.   Surprisingly, it failed to reach a verdict on the death of the woman and child - and it will return to hold further deliberations after this long weekend.

To find the accused guilty of one death required acceptance that the spreading of petrol and lighting the fire was proven.  Three people died as the result and this lack of uniformity in the verdict makes absolutely no sense.    Just one of the mysteries that may be probed if the final verdict finds its way into the appeals court.

Another case pending involves an Australian Olympian who is awaiting selection to represent this country at the forthcoming Rio Olympics.   Michael Diamond has won gold as a shooter but he faces a charge of driving under the influence of alcohol - and having an unsecured firearm in his possession.  Because of the charge his firearm license has been suspended.

He has asked for his hearing to be expedited because the pending charge will disqualify him from selection for the Rio Olympics, and the deadline for the Australian group is July 4.  Diamond has indicated that he will be pleading not guilty - and his case has been listed for mention on July 25. That expedition plea has been rejected on the grounds that he must " wait his turn, like everybody else " !

That would be a reasonable rejection in most cases, but it does come in contrast with the " presumption of innocence - until proved guilty " which is the bastion of our law.   In the event that Diamond is successful in presenting his defence, he will have suffered a penalty which can not be remitted.

Winning Olympic medals is in the national interest.  National pride is involved and it is highly likely that if Diamond is allowed to compete he will be likely to share at least a spot on the winning dias. It seems quite unreasonable that his selection to go to Rio will hinge on the rejection of the court to hear his case as a matter of expediency.

There is a high degree of discretion available to judges and magistrates.   They often dispense mercy by not having a conviction recorded or requiring just a good behaviour bond where such a penalty is considered very " light "- but in this case the rejection will be measured against our hope of Olympic success.

It all comes down to the disposition of the man or woman sitting in judgement on the bench.   The only hope seems to be to have the case moved to another court - and finding a judge with a recreational interest more involved in the sporting world !

Saturday 11 June 2016

Police Gun Training !

It was not their finest hour !  A psychiatric patient went missing from a treatment centre and weeks later the police were alerted to look for him.  Shop staff at Hornsby noticed a man carrying a large knife muttering to himself - and sounded the alert.

First responders arrived on the scene and ordered the man to drop the knife, which he refused. He aggressively lunged at a female police officer and she opened fire, causing the offender to drop to the ground, but unfortunately richocet fragments of police bullets hit and wounded three elderly women  shoppers.  Ambulances were called and they were rushed to hospital - and all will survive.

Questions are now being asked why Tasers were not the first weapon to be deployed when it becomes necessary to take down an armed offender.   What protocols are in place to ensure that the safest methods are used, both to protect police and the public - and to avoid a possible lethal injury to the arrested person ?

The enquiry into the Lindt cafe siege is revealing some alarming deficiencies in the police command structure.  The timing and methods used to control that siege raise important questions and one of the hostages died from a police bullet during the takedown.  With hindsight - it could have been managed better.

We have a police academy that ensures trainees get an overall preparation for the task they are expected to do and usually they work in a mix of experienced officers to expand that knowledge. Being a police officer require a mix of civil law as it applies to the rules of evidence and they make field decisions as circumstances require.   All instances where a firearm is used is subjected to an enquiry to determine if that action was appropriate.

Police are required to undertake regular practice sessions on firing ranges to prove their weapon proficiency, but it is possible for a police officer to serve for their entire lifetime without having to fire their pistol with intend to wound or kill.   Few would be regarded as skilled marksmen or women - and yet as this Hornsby incident showed - without warning they may be called upon to fire their weapon in a place crowded with innocent people.

To a soldier in our army the ability to use weapons efficiently - and accurately - is the purpose of their being.  The entire army life is relentless weapons training because at a moments notice they can be pitched into battle if a war scenario eventuates.

To a cop, the work load is in an entirely different direction.  Investigations involve talking to people and a portion of their duties will involve handing out traffic infringement notices and manning breath test stations.   They carry a weapon at all times, but actually firing it is extremely rare.   The reputation of the police suffers when police firepower wounds innocent members of the public.

Any gun is a dangerous item.   We have a stringent regimen in place to license firearms in public ownership and there are restrictions on the type that are permitted.   Many people are interested in a prosecution where police are accused of a coverup over the shooting of a mentally disturbed man attempting self harm.   It seems possible that a Glock pistol was mistakenly used when a Taser was intended, and the police are accused of closing ranks to mask this error by a common account which contrasts with the evidence of paramedics and the victims father - who were present when the victim died.

It is evident that almost annual firing range practice is insufficient to keep police weapons proficient. The police need their weapons in an increasingly dangerous world, but public safety requires that their skill be constantly tested - and kept up to the mark.

The last think we need - is cops who are lousy shots !

Friday 10 June 2016

Compensation - And Luck !

It is a well known maxim that " Nothing is certain when it comes to the law "  and that is true because in every case it is how the law is interpreted that decides the outcome !   Good and bad luck is dispensed in equal measure as a case before the court clearly shows.

In 2004 an accident happened on the Great Western Highway near Mount Druitt.  An out of control van slammed into a car, resulting in lifelong injuries to a two year old boy passenger in the car. The sixty-three year old male driver of the van died at the scene.   It seemed a clear case of compensation for the boys injuries to be claimed under the third person green slip provisions.

The coroner's enquiry established that the van driver suffered a heart attack and was unconscious when his vehicle veered into the path of the car.  As a consequence, the claim of negligence was dismissed - and the insurance company was able to reject the compensation claim.   It is not possible that a dead person can be guilty of negligence.

This 2014 finding left the victim stranded in financial no-mans-land.  He will require expensive care for the rest of his life and yet the expected compensation will not be forthcoming on a mere technicality.   This case resulted in a law change to remove that anomaly, but it was not made retrospective.   Once again the matter of luck intrudes on a result.

The insurer later made a goodwill offer to settle for $ 1.2 million, far less than the $5 million claimed and needed to deliver lifelong care.  That was rejected because it was feared that accepting such a lesser amount might negatively influence the injured boys access to help from the National Disability Insurance Scheme ( NDIS ) which requires claimants to access all possible avenues of compensation from the courts before acceptance.

The courts are notoriously reluctant to make law changes retrospective.  To do so opens a vast treasure trove of distant liabilities that can have disastrous financial results.  Unfortunately, delivering a sharp cut off implementation often leaves legitimate claims stranded.

Insurance companies owe an obligation to their shareholders to safeguard the funds in their care and should they increase that goodwill offer from $ 1.2 million to $ 5 million many who have lost similar compensation claims will come beating at their door demanding similar terms.

This injured boy and his family face a diabolical situation.  By no fault of theirs the law has let them down and their son has an uncertain future.   Should they elect to go back to court and fight that decision they may be wiped out with legal costs if the verdict goes against them.   Even if they win in a lower court, it is likely that on principle this will be appealed to a higher court because such a ruling will open a costly can of worms for the entire insurance industry.

Their only hope is that the publicity this has generated may induce someone in the legal profession to act pro bono on their behalf - on the basis that such prominence helps to establish a rising legal star in the public arena.


Thursday 9 June 2016

Differing Opinions !

There is no doubt that this past weekends storm surge will resurrect an issue that has allowed the Greenies to put many seaside homes at risk.   The most basic protection is to build a seawall between the ocean and the land and yet that is the subject of heated opposition.

The pictures we see on television of the destruction along parts of Collaroy beach present an interesting story.   The twenty-five home owners that suffered the worst sea intrusion had long campaigned for a seawall to protect their properties.  This eventually gained council approval,but no funds were allocated and no work commenced, because of a very public campaign by the Greenie movement to vilify the project in the media.

In 2002 a crowd of three thousand people linked hands and formed a chain along Collaroy beach with signs demanding " No Seawall ".   They claimed that a seawall may " harm " the beach and it was suggested that it would create unpleasant sand movement.   It became a big media story on an otherwise rather boring weekend.

Once again the issue of who will pay has been raised as a new claim for a seawall is resurrected.  A suitable barrier of interlocking hexagonal concrete blocks would cost about ten million dollars to protect those twenty-five properties, and that would require a donation  input of $ 120,000 from each owner.  That seems to be universally accepted.

Now the seawall issue looks like becoming tossed about between government and councils.  There seems to be consensus that seawalls would only be a temporary solution that would eventually require Dutch style " Dikes " to contain the seas.  Some suggest that coastal erosion is inevitable and we would be wiser to spend the money to help affected residents move to a safer site.

Another look at Collaroy beach is illuminating.  Some residents constructed their own smaller version of a seawall and this is deemed illegal by the council - but they did nothing to have it removed.  The two outcomes deliver a telling contrast.   The properties without a seawall suffered massive damage.  Those further along the beach came through the same storm entirely intact.

Up to this point the seawall question has revolved around private ownership of property, but it looks like the the state government is about to face a " public interest " test.   Pittwater road is the highway connecting the northern beaches and just a single row of properties isolates it from the ocean.  Unless those properties are protected the sea intrusion may destroy Pittwater road and isolate the northern beaches from the rest of Sydney.   A seawall is the only way that protection can be achieved.

Of course, Collaroy beach is just one of numerous beaches that have property in danger from the sea and this protection issue involves a vast number of residents who will be affected if the sea moves inland.   So far, forward planning to tackle this growing problem has been flick passed for future consideration by the present decision makers - because of the Greenie opposition to it and the massive cost involved.   If even a single seawall gets built - demand from other threatened properties will be overwhelming.

It seems that what ultimately happens to those twenty-five properties fronting Collaroy beach will decide the fate of how we treat the matter of rising sea levels and storm surges.   Putting off making a decision is no longer an available option !

Wednesday 8 June 2016

It's Real !

The huge storm that hit the east coast of Australia this past weekend destroyed the contention of global warming deniers that we don't have a problem !   That intense low created a storm surge that combined with a king tide to bring the ocean into the living rooms of luxury homes that fronted onto beaches.

Typical was the Sydney northern beaches suburb of Collaroy.  For over a century the most sought after - and expensive - homes are those where you step out of the grassy backyard - onto the beach. At the height of the storm the sea crashed inland with almost unbelievable ferocity, tearing away the backyard soil and undermining the foundations of many homes. In-ground swimming pools were dragged onto the beach in the back-wash and walls collapsed.

Pre this weekend, the value of those homes ranged around $ 4.8 million - and some were just days away from going to auction.  Now their very existence becomes a querie !  Many councils refused permission for rock wall protection from surges before this storm.   It is quite possible that demolition may be required - and rebuilding consent withdrawn.

Worse still, on the Gold Coast many high rise housing units are right on the beach.  Imagine the predicament of people with a huge mortgage to secure the luxury living they craved - only to face the prospect of the building being destroyed in a future storm.   In the face of this disaster, many buyers will certainly hesitate and the value of beach frontage properties may drop sharply.

Ever since global warming and rising sea levels became an issue the various licensing authorities have been whistling in the dark and ignoring the problem.  If the pundits are correct, a lot of Australian suburbia is going to be under water a few decades from now.  No doubt the legal position of councils that signed off on building approvals will invite claims for compensation and a disaster of this magnitude will certainly require a national response.

The immediate aftermath will be brutal.   On the stock exchange the share price of leading insurance companies dropped sharply as the magnitude of claims became evident. In inland Australia the deluge caused rivers to rise and already those living on flood plains are finding flood insurance both costly and difficult to obtain.   The number of people without insurance is increasing - because it is simply unaffordable - and it is an item of discretionary spending.    It may need to be automatic cover with the insurance held by the local council and the premium added to the rating system.

The cost of this storm event is still to be calculated, but apart from the damage to homes, shops and factories the loss of motor vehicles will be huge.  Basically, if the modern car is simply immersed in water but otherwise undamaged - it is a write off.    The old clunkers of the early twentieth century were crude and rugged.   Let them dry out and give them a clean - and they survived floods.  Today's automobiles are so complex that inundation delivers terminal damage.

This weekends storm magnified the risk factor we face from damage to our homes and our cars.
There is the expectation that not only will premiums increase but new conditions may be applied to the cover offered.   Homes at very high risk may not be accepted for insurance cover and conditions imposed on vehicle insurance.

Many cars were lost in this flood event when drivers ignored road closed signs and attempted to drive through floods.  In fact, three lives were lost in New South Wales when cars were swept away.  Perhaps insurance cover may cease once the authorities close and signpost a road - and those that ignore that closure do so at their own risk.

This storm delivered a wake-up call.   It seems that we can expect change as a result !

Tuesday 7 June 2016

The " Donkey Vote " !

It is generally conceded that the result of the July 2 Federal election will be decided in a scattering of " marginal " electorates in New South Wales and Queensland.  In the vast number of what are considered " Safe " seats the electorate contains a preponderate of voters who support one side of politics and change is unlikely.

It is disturbing to learn that polling has disclosed that in many marginal electorates seven out of ten of those eligible to cast a vote have no idea who is the sitting member representing them, and can not name any of the contenders seeking that job.

It seems that Australia has adopted a version of the American presidential voting style where media concentration is focused on the leaders of the major political parties and what they have to say will decide the vote.  In most cases, local issues take no part in the campaign.   Only a small percentage of voters heed the issues canvassed and many votes will be determined by party politics.

Every election contains large numbers of people who are voting for the first time.  Some have had their eighteenth birthday and others have gained citizenship - and with it the right to vote.  Many will be influenced by family voting patterns while others whose language is not English will find it a bewildering process.

Unfortunately, the promises made by politicians are not set in stone.  In modern politics the party leader sets party policies and it is left to the voters to decide if they are financially attainable. When the pundits gauge that the major parties are neck and neck credibility becomes stretched to the limit. It becomes a case of " buying " votes by appealing to the baser instincts of uncommitted voters.  The " What's in for me "  syndrome applies.

Every election contains a vast number of " invalid " votes.  Voting in Australia is a legal requirement and yet runs against the religious convictions of some people, while others  are so apathetic that they put their voting paper in the box unmarked to avoid a fine.   Many others are so confused by the voting rules that they inadvertently have it rejected by errors made.

Media polling before the election usually contains huge numbers who claim to be " undecided.  "Many of these have a partiality to either the left or right of politics, but have not actually bothered to narrow it down to individual candidates.   That is where the " how to vote " cards handed out at voting stations have value.  A great number of people take the card of their choice into the booth - and copy it onto the voting paper.

The 2013 Federal election delivered a number of people representing small parties to hold the balance of power in the Senate.   The huge size and complexity of the Senate voting paper confused many voters and steps have been taken to resolve that anomaly, but there is still the likelihood that neither major party will have the numbers in both houses of parliament.

It seems that this coming election - like many before it - will be decided by what many would call " the Donkey vote " !    The future and what happens in this country will depend of what mark people who are indifferent to the issues choose to mark on papers handed them by voting officials.

What is amazing is that evening out the holding of power between the various political factions this system manages to deliver us one of the most stable and progressive countries in the world !






Monday 6 June 2016

Those Ever Shrinking Toilet Rolls !

It is a fact of life that many canny shoppers have sharp price retention memories and a price increase sends them looking for cheaper alternatives.   The equally canny marketing people have become masters of creating an illusion by shrinking product sizes rather than increasing prices.

Most shoppers are unaware that the humble toilet roll now contains 180 squares of paper, where just a few months earlier the count ran to 190, and each of those squares has decreased in size by just 0.05 cm.   That is barely noticeable on each toilet roll, but the Australian market for toilet paper runs to $ 1.2 billion and spread across the country that represents a lot less paper.

Shoppers should be suspicious if they are offered toilet rolls at an unusually cheap price.  Another gimmick to create a " special " to attract customers is to manufacture the roll under lighter pressure to contain more air between each sheet.   If you squeeze one of these between your fingers, it will compress much more than a standard roll - but as they are offered in a muti-pack you will only discover this after you have brought it home.

The race is on to contain rising costs across the entire marketing spectrum.  Recently the makers of many chocolate bars marginally reduced their size while keeping the price even.   One whole row of four individual squares disappeared and this was not apparent to the casual glance.  This was claimed to be necessary to offset a rise in the world price of cocoa, but it is unlikely to be reversed when the world price again stabilises.

Often a size decrease is sold as delivering a benefit.   Some brands of canned cat food have recently decreased in content by fifteen percent.   It is claimed that many household cats are disastrously overfed and very unhealthy.   Those that make a can last a number of days are therefore rationing meal sizes from a smaller can - and delivering a benefit to their pet.

Another clever strategic move was to discontinue canning cat food in favour of individual meal pouches.  Not only does this involve ease of serving by simply tearing open the pack but the individual serve is adjusted lower than the bulk expected in a can.   It can even deliver a price premium for the convenience factor.

The ACCC has been promoting shoppers interests by requiring supermarkets to display pack information comparison as well as the general price on shelf displays.   This was intended to counter the tactic of generally oversizing the outer package of the product in relation to the actual contents to create the illusion of a size benefit. 

A grace period was allowed so this rather complex information could  be collated and displayed and that is now in force.   Shoppers should now be able to compare different brands and different pack sizes by how the products compare in relation to the price asked for an identical serve of whatever is offered.

Unfortunately, this is neither widely used or understood by most shoppers.  To achieve the intended purpose it needed to be widely promoted - and this has not happened.   Consumer groups have been strangely silent in bringing it to the attention of shoppers and it is evident that the ACCC lacks an advertising budget for this purpose.

This valuable source of information exists to take the mystery out of price comparison.   Now the remaining task is teaching the public how to use it !


Sunday 5 June 2016

Price Fixing !

Shoppers visiting the laundry aisle of their local supermarket are dazzled by the array of laundry products on offer and the claims that are made about their efficiency.  Behind the scenes a very small number of manufacturers produce a great number of competing products, and in recent times a price scam has come to the attention of the Australian Competition and Consumer Commission ( ACCC ).

These manufacturers discovered that producing an ultra version of laundry powders could deliver savings on the production costs of standard powders and because less was needed to obtain the same results, smaller packs delivered an extra bonus by way of reduced transport costs.

A major share of grocery sales in Australia is in the hands of a duopoly and so the laundry detergent manufacturers and the duopoly got their heads together and concluded what is termed a " gentleman's agreement ".   They decided not to pass on the savings to the retail customers and maintain a uniform price by mutual agreement - and to deliberately manipulate stock levels to mask this deception.This is exactly what the ACCC terms a  " price fixing cartel " and it is illegal.   Prosecutions are being processed through the court - and the fines imposed are heavy.

Woolworths has just been slapped with a $9 million  penalty,  Coles received a fine of $ 18 million,  Manufacturer Colgate Palmolive was asked to pony up a further $ 18 million and P Z Cussons is waiting in trepidation to find out what impost it will earn.     Unilever has been granted immunity -because they were the one which blew the whistle and brought this cartel to the attention of the ACCC.

The tactics used by the ACCC is what gives the leaders of errant merchant empires sleepless nights.  Very cunningly the ACCC is offering immunity to the first to break silence and provide the incriminating evidence that enables a cartel to be unmasked.  There are no second prizes.

It is not just the monetary penalty that causes jangled nerves. Knowingly engaging in corrupt conduct can lead to the principals serving prison time, which means that members of a cartel are anxiously watching their co-conspirators for signs of stress.   Who will be the first to jump ship - and save themselves ?

It also delivers a clear warning that executives of companies need to be very careful of the company they keep and their mix of social activities.   Even playing a friendly round of golf with a competitor could be construed as an illegal meeting if suspicion of clandestine activities arise.  Memberships of trade associations deliver similar hazards.

This whole matter of ethics is not clear cut.   If by ingenuity a manufacturer finds a way to reduce the production cost of a product they are not legally obliged to reduce the price to the public.   They are entitled to pocket that extra profit as a reward for that ingenuity.  What becomes illegal is when they conspire with others to manipulate availability or maintain a uniform price level to deliver a higher profitability - hence the term " price fixing " !

What will now interest many is the fallout from these prosecutions.   What happens to the senior executives on whose watch these illegal activities occurred ?   Will they retain their positions and the huge fines be simply accepted as " the cost of doing business " - or will they be dismissed, suffer a salary loss and probably end promising business careers ?

That is what will deter many from even thinking of entering into such an arrangement in the future !

Saturday 4 June 2016

Match Fixing !

Nothing destroys a sporting code like the crime of "Match Fixing "!   Supporters are passionate people and the very idea that players are getting paid to lose will cause spectator numbers to drop and find other interests.  Those who place a legitimate bet on games or take part in the numerous tipping competitions are being robbed when the game results are contrived.

The spotlight is shining on the Manly Sea Eagles.  Two games last season had very surprising results. Manly suffered a 20-8 loss to South Sydney and a 20-16 loss to Parramatta.   That ran entirely against the grain and suspicion mounted when it was also revealed to be the focus of a giant betting plunge.

A well known local identity placed a $700,000 bet on Manly to lose by eight points - which ran entirely against the predictions of the pollsters and attracted consequent big odds. Scuttlebutt has it that six players received a cool $50,000 each for their help ensuring that the loss occurred at the correct margin of odds to deliver that bonanza.

Now the matter is in the hands of the police Organized Crime Squad.   The NRL has made if abundantly clear that its records will be open and it will assist the police in every way to investigate this crime, and those found guilty can expect life suspension from the game of Rugby League.

Expect teams of forensic police to comb through the financial records of the suspected players - and their families.   If they have mysteriously acquired an expensive new car or there are unusual deposits in their bank accounts they will be called upon to  explain the source of this wealth.   It may be that the loot has been stashed under the mattress, but such is the free spending social life of big name players that it is more likely to leave spending footprints.

Match fixing is a world sporting problem.   It seems that cricket in India is rife with crime interests infiltrating the competition and similar forays have been detected in American baseball.  From time to time it crops up in Soccer and there have been accusations that money has been changing hands to decide game results in the tennis competitions.

In many instances this is small time crime.   A promising player matched against a hopeless entrant in the lower ranks appears to be having a bad day and loses against the odds.  No such pattern emerges and that lapse is put down to "happenance ".    It can be tempting to those short of money to indulge the wishes of a gangster - and at the same time solve their money problems.

In this NRL scandal it seems more a case of sheer greed.  Sporting stars receive handsome playing fees and are feted by the media.  They often seem to live life to excess and their antics off the playing field sometimes infringe the law.   Recently, it has been revealed that some players have been consorting with gangsters - and that worries those managing sporting codes.

In the past all sorts of bad behaviour has been tolerated with light punishment. Excess use of alcohol or drugs brings short suspensions and lately any sort of physical abuse of wives or girl friends has been deemed totally unacceptable.   If the proof emerges that NRL players have engaged in match fixing that will not be swept under the carpet.

The only punishment for this most serious of sporting crime - is banishment from the game - for life !