" Youth Detention " Rules !

The used of strip searches to counter the smuggling of drugs, contraband and weapons in youth detention centres is coming under increasing fire from humanist elements who claim that it is particularly humiliating for those who have suffered past sexual abuse.  In NSW the guidelines have been changed and detainees now must remain partially clothed while searches are carried out.

Youth detention centres are well known for their violence and the state has an obligation to put adequate protection in place for the people who are tasked with keeping order and maintaining control of the facilities required by the courts. A riot in a juvenile detention centre is no less serious than a similar disturbance in an adult prison.

Many peopled will remember news footage of the twenty-one hour riot at the central coast's Frank Baxter Juvenile Justice Centre.  The inmates gained control of that centre, broke in to workshops and armed themselves with weapons and did thousands of dollars worth of damage before control was re-established.  The personal safety of staff in the centre when such an incident occurs is obviously at risk.

The problem is that strip searches seem to be nothing more than a regular routine method of searching for contraband and the success rate is not rewarding.  In one Victorian centre 1798 strip searches were conducted over a six month period and the seizure came to a total of just fourteen items.  Included in that total was medication, cigarettes, watches and sunglasses.    In NSW last year in one month 408 youth detainees were strip searched and the sole irregularity discovered - was a ping pong ball.

Unfortunately, many of the young people who find themselves in juvenile detention come from homes where sheer survival depends on rat cunning.  There is no predictable meal routine and what you eat is what you can steal, either from your siblings or from the community at large.  In many cases these young people are totally lacking even a basic education.   They have spent little time in any classroom and consequently they lack the social graces to be able to mix with their peers.  This is where tribal leadership comes to the fore and they become the instigator of violence when contained in a detention centre.

There is every reason to keep the rules in place in juvenile justice as relaxed as safety will allow, but it is also a fact of life that for many of those within its walls this is merely a way station on their progress to an adult prison.  In this ever demanding world, few who lack the ability to attract an employer or have the ability to offer a useful service will achieve the change to honest citizen.

In taking the humanist approach, it is too easy to forget the safety needs of the men and women who are tasked with running these juvenile detention centres and whose work days are filled with almost unimaginable risks  !

An " Entertainment " Tax ?

When television arrived in Australia in 1956 we ensured that " Australian content " laws prevented viewing being saturated with content from overseas countries.  As a result, we developed a flourishing industry that has exported that Australian content to world audiences and created a production industry within this country.

For a very long time the average Australian family settled each night for television programme choice between 9, 7 or 10 and the ABC.   Now SBS has been added and the commercial channels have their own second channels to widen the entertainment spectrum, but free to air television is now under challenge from new competitors vying for eyeball content.

Foxtel is aggressively marketing pay TV in this country and now Netflix is offering a wide programming choice and all this is being watched by the Australian Competition and Consumer Commission with a view to imposing Australian content rules.   The Australian content rules that apply to television  do not cover these newer forms of entertainment.

We are about to welcome 5G to the communication and entertainment spectrum and that will hopefully increase transmission speed.   The days of sitting before a television screen have been supplanted by viewing on the move on mobile phones and tablets connected to the internet.  It is expected that this will expand dramatically under 5G.

This also raises the question of what the NBN should be allowed to charge for screening  movies on its network.  A discussion paper has mooted a " network tax " to compensate for the volume which is higher than general traffic and obviously that would be passed on to the consumer.

We are in the age of electronics and the pace is moving ever quicker.  The ACCC has the task of crystal ball gazing to predict how this mix of communications and entertainment will further develop and put in place the necessary rules to ensure that Australian content becomes part of that mix.  This form of entertainment production has been a rewarding part of the Australian art landscape and the opportunity for expansion is knocking on the door,.

The entertainment industry is dominated by digital giants and they will react to whatever rules govern their ability to present their product to Australian audiences.  It is essential that those rules clearly outline their responsibility to nurture Australian content and create that input from an Australian based industry sector.

Abortion Law Reform !

New South Wales is now the only Australian state where abortion is still a crime on its law books, despite the fact that abortion is openly carried out by the numerous abortion clinics that provide such a service.  That is probably the only reason the women's movement is not out on the streets vigorously protesting what they would term an attack on women's rights.

There is hope that this law is about to change.   This week an independent MP will introduce a law change that has been carefully constructed by a cross party group of parliamentarians and which has the support of the Health Minister.  It will seek to replace a law that has been on the law books since 1900 and under which abortion falls under the Crimes act and can be punished by a term of ten years imprisonment.   It should be remembered that in 1900 the death penalty was also a legitimate punishment on those same law books.

There is an old wisdom that states that " nothing is certain under the law ".  It is all a matter of interpretation and our pyramid court structure means ever senior judges add their input until an issue arrives in the hands of the High Court of Australia.  Even state laws can be deemed unconstitutional by the High Court.

There is the expectation that this practice of ignoring a clear law structure will be replaced by a law update but there is also the expectation that any change will be vigorously opposed by conservative elements of the parliament.   We should remember that the law to give the terminally ill the right to die peacefully without pain was struck down in this state - by a single vote !

If this law change gets the nod it will be legal for a woman to get an abortion up to twenty-two weeks gestation, performed by a registered doctor.   After twenty-two weeks the procedure would need the consent of two doctors or in an emergency without consulting that second doctor if to save the life of the woman or the fetus.

The bill will create a new criminal offence with a penalty of seven years imprisonment for any unqualified person who performs or assists in an abortion.   A neat and well thought through package  that should bring this state's law into this twenty-first century.

Now it needs to make its way through both houses of state parliament to achieve change.  Common sense dictates that simply ignoring an outdated law puts the entire law structure in peril.  We can - and should - expect better of the men and women we send to represent us in this state's parliament !

Private Equity Firms !

The Arnott family started making biscuits in Australia in 1865 and went on to become the iconic brand we looked for on supermarket shelves.  There was great consternation when the giant American company Campbell Soups bought Arnott's but its world wide marketing skills increased the Arnott name recognition across a host of new markets.

Company profitability is all about the buying and selling of assets and for some time it has been quietly hinted that Campbells would consider offers for their Arnott's brand - and the vultures have been circling. Acquisition of Arnott's would suit a cashed up food company wanting to break into the international market, but it seems that the successful bidder is a private equity firm.

This private equity firm has a style of doing business that may see some of Arnott's cherished products disappear.   They specialise in making drastic changes to make their acquisitions more profitable and then reselling that improved company at a far higher price.   That usually involves the ruthless cutting of staff numbers and the concentration of product output to increase profitability.

The Arnott's payroll involves 2,400 Australians across its range of production plants and it posted a profit of $76.5 million in the 2018 year, an increase of 14% on the previous year.  The Arnott product range includes both stand alone tastes and a mix of tastes by way of variety packs and it is feared that many of the slower selling products will be sacrificed in the interests of increased profitability.   We may see an old perennial like " Orange Slice " become such a casualty.

Private equity firms come in many guises.  They are famous for acquiring firms that have slid into bankruptcy at a fire sale price and ruthlessly restructuring them to restore their bottom  line.  Once that profitability has been regained they are returned to the market and the private equity firm is again looking for a new venture.  The objective is to make a fat profit from the renewal, not to keep their acquisition for more than a year or so while restructuring.

The other marketing edge is to acquire a perfectly healthy company and drastically improve its profitability by staff reduction and the cull of slower moving products.  Staff loyalty is under valued and senior people with experience are replaced with cheaper labour in the name of increased profitability.   That slimmed down company may present a better bottom line, but it is rarely a happy place to work for those under pressure to do more with less.

Such is the situation in this age of automation and artificial intelligence.  It seems that an iconic brand that has served us well for 154 years may fall victim to pursuit of the almighty dollar.

The " Boris " Era !

Boris Johnson is now the United Kingdom prime minister.  He moved quickly to clear his predecessors ministers from the cabinet and replace them with others who shared his " no deal " outlook.  The government of Britain has lurched more to the right than during the reign of Margaret Thatcher.

Rightly or wrongly this Brexit mess must be settled in the next three months or it will be the EU that pulls the plug. Britain has placed its future in the hands of a man with some similarities to Donald Trump. He is a larger than life character who is careless with the truth.  His role in the last parliament was mainly white anting Theresa May in a brazen attempt to steal her job.

It should be remembered that when David Cameron put Brexit to a vote there were several EU countries considering bolting out the door.  These British extraction difficulties put that movement on hold and the EU has good reason not to move too gently with its terms or it will be accused of losing solidarity. Boris Johnson will need a miracle if he can persuade the EU to meet his terms.

One intractable issue has been the need for an open border between Ireland and Northern Ireland.  A customs barrier seems inevitable in a " no deal " exit and that will undo the harmony that put the time of the " troubles " to rest.  It would be disheartening to see Ireland revert to the days of shootings and bombings.

That other disturbing factor is how this divorce squares off with the " globalization " that is now the cornerstone of industry.  World industry competes to provide parts and the days of massive warehouses has given way to " just in time " deliveries that go straight onto the production line.  In particular, any tariff or inspection delays at the country's border will lead to job losses in the vital car and aircraft industries located in Britain.

The other vulnerable entity is the money market.  When Britain headed its days of empire the pound sterling was what the American dollar is today - the " world currency ".   London managed to keep a firm grip on exchange trading and it is inevitable that both France and Germany will insist that function is shared within EU once Britain cuts the ties. It is the fees that are attached to those money functions that keep the British economy afloat.

The future of Britain now rests firmly in Boris Johnson's hands.  It is possible that the pundits have misjudged his skills and he is much brighter than he appears. He will certainly win acclaim if he can extract Britain from this mess without a severe drop in the standard of living.   The world will be watching - with great interest  !

Treating the Psychotic !

It must be the ultimate horror when a 38year old schizophrenic man stabs his five year old son to death in the belief that the child is the devil, but this is compounded when it is learned that his family sought hospital treatment for him just days before and were turned away because " no bed was available  ".

Mental health is like an unexploded bomb ticking away in our health system.  A vast number of people with psychiatric problems live safely in the community because their illness is controlled with medication. So often, a simple family argument results in the patient discontinuing his or her medication - and quickly running out of control.   In many cases that is a time of acute danger to anyone associated with someone suffering this form of mental instability.

Sometimes such an event is terminated by a confrontation with the police.  Recently, a young woman brandishing a knife was shot dead when she appeared to threaten attending officers.  We live in an age of terrorism and police are entitled to defend themselves and they have a sworn duty to protect other members of the public. That decision to open fire must be decided by the officers appraisal of the situation.

The man who stabbed his son to death has since been found not guilty of murder by a Supreme court judge because he was in a psychotic episode.  As a consequence, he will be detained in a medical facility until such time as is required for the doctors to pronounce that he no longer poses a threat to society. It is possible that in a short time he may be again walking the streets of Sydney on day release.

We always find a bed for a person suffering a mental illness when they appear before a court to answer for action they took under psychosis.  Quite often the appropriate medication will quickly  have the required effect and that person is judged as ready to return to society, but that stability is only consistent with the medication being continued. No psychiatrist is able to predict that with any degree of accuracy.

Our emergency system is failing badly if we are turning away psychiatric patients on the grounds that no beds are available.   They should be detained until they receive appropriate examination and the danger evaluated.  In the case of the five year old brutally stabbed to death by his father, the medical establishment simply walked away from confrontation and threw the problem back into the hands of this mans parents.   The outcome was a dead child.

Perhaps this is the time to combine the care of the dangerously delusional with the facilities of the police.  If a hospital emergency department lacks the ability to restrain a person having a psychotic episode then perhaps a police cell may be the better safety option for several hours.

The death of this innocent five year old illustrates that our response to  psychotic episodes is not up to scratch and needs new emergency protocols to be put in place.

Crooks in the Building Trade !

People living in high rise apartments in Sydney have every right to feel nervous.  Buying the home where they expect to raise their family is probably the biggest financial transaction they will make in their entire lifetime and now questions are being asked about the integrity of the very buildings dotting the Sydney skyline.

It all started last Christmas eve when hundreds of people were forced to vacate the newly built Opal Tower when wall cracks began to appear and safety concerns became paramount.   Then a similar situation occurred at Mascot and it was discovered that another entire new multi apartment complex was standing vacant because it failed to be certified as meeting the necessary building standards.

Now a new scandal has driven confidence in the building trade to an abysmal low.  A council is considering taking action against the company that constructed a major apartment complex in Euston road, Alexandria.   It seems the building varies from the original consent plans to the extent that work was ordered by the Land and Environment court in 2017.   This has been ignored and the building was illegally cleared for occupation by a " private certifier  ".

The building trade complained about delays in processing certification by councils and the government granted permission for building approval completion to be signed off by private certifiers.   It seems that this was a grave mistake.   It removed the distant, third party role of the council to certify that construction complied with the building code and placed that in the hands of a person hired by the builder.

As well as defective buildings, we also have a huge problem where several hundred Sydney buildings have had their exterior surfaces clad with a facing of aluminium and urethane panels which do not meet fire safety regulations.   Two years ago we were horrified when the media carried live news reports that showed Grenfell Towers in London become a flaming torch that killed over seventy residents when a similar cladding fire engulfed the building.  Work on replacing that dangerous material is stalled as the cost responsibility is decided.

The sheer insanity of home price inflation resulted in a boom in apartment buildings in Sydney in recent years.  Many apartments were sold "off the plan " and the end result was very different from what was originally envisaged.  Now owners are starting to worry about whether their home in the sky meets the integrity and safety concerns that are required under the Sydney building code.

It is very much a case of shutting the stable door after the horse has bolted, but it is obvious that all is not well in the Sydney building industry.   Developers - and builders - have taken a cavalier approach to building standards in the search for quick profits and it is obvious that the building standards need to be tightened.   The use of private certifiers raises obvious questions.

What remains unknown is just how many - and where - further examples of high rise towers that fall short of the standards required will appear.   That is a nightmare Sydney residents will have to learn to live with until their apartments pass the test of time without incident.

Animal Liberation !

To most people, cruelty to animals is abhorrent.  In the days when the horse was the most common means of transport most people treated this servant kindly and shunned those who treated their animals badly. The horse was seen as a valuable asset.

In todays world, that veneration of animals has passed to the dogs and cats we welcome into our homes.  We have laws to protect their way of living and it is not uncommon for an unkind owner to be hauled into court and heavily fined should a flagrant breach be detected.

It now seems that animal liberation has turned its sights onto the farm industry.   A  " movement " has emerged that is fast gaining momentum to the point that adherents have started to wear a form of uniform and adopted a colour code in the way they dress.  The objective has passed from merely drawing public attention to alleged cruelty to physically invading farms and animal processing facilities, tearing down fences and setting animals loose in the public domain.

This movement got under way when it drew attention to sheep and cattle being transported to overseas markets.  They were crammed into ships with little ventilation as it travelled through the tropics and many died and were cast overboard for the following sharks to digest.  Even worse, on arrival some overseas abattoirs were almost medieval in the way they processed livestock with their killing and processing of meat for the retail trade.   This was captured on smuggled film and shocked audiences in this country.

Animal liberation has now degenerated into a movement that has cast all forms of farming as inherently cruel. It objects to any form of animal confinement and its members seek to destroy basic farm practices by way of invasion and the dismantling of farm procedures in the name of  " freedom ".   It is now common for farmers to find hundreds of such uniformed people rampaging on their farm, destroying equipment and driving stock either onto nearby roads or onto other people's property.

This has become so serious that new laws have been passed to inflict heavy fines on individuals and drastic fines on their organization should they continue farm invasions.  Destroying farm equipment is a crime and inflicts financial loss on an industry that is essential to our food supply.   These animal liberation followers are usually vegan and have extinguished meat from their diet and seek to impose this outlook on the rest of Australia.

We have the good fortune to live on a vast continent capable of feeding the world.  We are a farming nation and the produce from those farms is one of the ways that we are able to sustain our standard of living.  That seems to be under threat from people with a vague notion that all farm animals should enjoy a similar lifestyle to our household pets.

This militant approach needs to be brought under control.   The law applies to these animal liberation people equally with the farmers who make their living by producing the food we eat, and farming has been part of the culture from the time people appeared on this planet !

End of " Cheap Booze " !

The Royal Australian College of Physicians has called on the New South Wales government to both retain this state's lockout laws and make alcohol more expensive to curb the health risks from over indulgence. They suggest that this could be achieved by a law change that introduced a new minimum floor price which must be charged for each drink containing alcohol.

This is clearly an attack on the price availability of cask wine.  Most bottle shops have four litre casks of wine on their shelves with a price tag of about $13 per cask.  The doctors are demanding a floor price of $1.30 for each standard drink.   As each four litre cask contains the equivalent of forty standard drinks they are now priced at just 32 cents per standard drink.

Applying that price of $ 1.30 for each standard drink to cask wine would increase that four litre cask to $52.  There would also be a consequent price increase for the lower end range of bottled wine, but it is hard to imagine many people continuing to buy cask wine at that price, and that is exactly the outcome the doctors envisage.

Perhaps the doctors would be wise to remember Newton's law.    To every action there is an equal and opposite reaction.   Hike the cost of cheap booze and many will look for an alternative - and the suppliers of ICE will happily fill that vacuum.   Thankfully, the tragic outcome  of the introduction of prohibition in the United States will not be lost on our politicians.  Taking the price out of reach of the lowly paid is similar to closing down liquor outlets.

We are reminded that last August just such a measure became law in the Northern Territory and a standard drink price of $1.30 was applied to cask wine there.  It seems that cask wine has virtually disappeared from bottle shops and new patterns of replacement are emerging.  We would be very unwise to rush in with legislation until the outcome in a much smaller state becomes crystal clear.

This proposal will also have a dramatic effect on the burgeoning Australian wine industry.  Our wines have achieved distinction both here and overseas and the wine makers have a wide choice from many grape growers.  The profitability of wine making is governed by its ability to dispose of products falling short of premium quality by diverting them to cask wine.  Should we destroy that market the entire cost spectrum will be altered.

We would also do do well to think long and hard on our lack of success in stopping smuggling.   We make spectacular drug busts, but illicit drugs are still widely available on the streets and when we hiked the price of tobacco we quickly found untaxed cigarettes flooding into the country.   Our porous borders will quickly react if we present a new sales opportunity.

No country in the world has managed to tax the ills that afflict humankind out of existence.  The law of supply and demand is paramount, and we are devilishly clever at finding alternatives.   This is a proposal that needs to be considered with great caution  !

The " Fire Ant " Invasion !

The Fire Ant is a particularly venomous resident of the South American continent and we have been lucky to avoid its invasive tendencies until recently.   That run of good luck came to an end in 2001 when it came ashore concealed in cargo from a south American port and established a colony in Brisbane.

Millions of dollars haver been spent trying to eradicate this pest with little success.  It has extended its range of orbit and is establishing new ground around Ipswich and it is rumoured to have been detected in western Sydney. It comes from the genus " Solenopsis " and we have every reason to fear it because its characteristic is mass attack when aroused.

These ants are often called " Red ants " because of their reddish/brown colour.  They establish underground colonies which spread very quickly.  Where the typical ants we encounter in Australia ignore humans or do little harm the Fire Ant attacks in swarm proportions.  Hundreds of stinging ants emerge from the colony and in South America they are known to cause death if a victim in unable to quickly escape.

If Fire Ants become established in your garden you can forget the usual activities we cherish outdoors.  These ants attack immediately they detect the presence of humans and deliver painful stings that need immediate treatment.  The area surrounding their colony becomes a " No Go " area for children or the family pets.  It is not possible to live in harmony with Fire Ants.

Unfortunately, global warming seems likely to enhance their area of orbit.  When the climate changes it delivers a mixed reaction in the insect world and it seems that a hotter Australia will benefit what we call " Tyrant ants ".  We have always had what we call " Bull ants " and they deliver a painful sting but they are not usually found in domestic gardens.   Should such a colony invade your living space they are usually easy to decimate.

Studies carried out in the Simpson desert indicate that a hotter Australia favours more aggressive ant species even when it is accompanied by either wetter or dryer conditions.  We know that there will be changes to the rain pattern caused by global warming and it seems that hotter days are destined to spread the range of ants that make outdoor living intolerable.  The days of the backyard BBQ are under threat.

Over the years, Fire ants have established themselves on most continents and it seems inevitable that they will eventually arrive in most of the Australian states.   The fact that they now have a home base in Queensland adds urgency to the effort to develop a counter measure.   It is not only Cane Toads that are moving ever south, we now have an ant species that threatens our outdoor way of life.

This could be the biggest threat to suburbia that we have ever faced.  Funding the research to develop a means of eradicating Fire ants could be the best investment we ever made.  That is a need we ignore at our peril  !

Strip Searches !

The war against drugs has empowered police to require a suspect to remove all their clothes and be inspected naked.  There is the expectation that they will be required to squat and cough and the aim is to discover illicit drugs secreted in body cavities.   This is a humiliating experience which many describe as akin to sexual assault.

It seems to be particularly rife when police are vetting the crowd  waiting to enter a popular music festival.  Research has shown that about ninety percent of such patrons have the intention of taking a euphoria producing drug to enhance the experience of the music and the police rely on trained sniffer dogs to detect suspects likely to have such drugs on their person.

There seems to be few hard and fast rules that apply, except that such body searches must be carried out by officers of the same gender.  It is unclear what happens if someone refuses to undress for a body search.  Theoretically, they could be arrested and taken to a police station, put in a cell and strip searched there, but that would open the door to court action should they sue for false arrest.

The result statistics are revealing. In the vast majority of cases no drugs are forthcoming and the person strip searched is released without charge.  Dogs have noses more sensitive that humans and the sniffer dogs police use are trained to react if they detect the odour of certain drugs. In the crowds waiting at the entrance to music festivals it is possible the sight of police may cause some patrons to drop the drugs in their pocket to avoid detection.  Should innocent patrons step on them their shoes would draw a dog's attention, resulting in a strip search.

From the point of view of the police, strip searches introduce a potent fear factor.   A line of police waiting with sniffer dogs by their side can be very intimidating and their job is to stop drugs entering music festivals.  If ninety percent of patrons are intending drug users that failure of strip searches to detect drugs delivers an excellent success rate.  Obviously many dispose of their drugs rather than risk taking them past  those sniffer dogs.

People who have undergone strip searches complain that searching police seem to enjoy the power they wield and their attitude is that they are dealing with a criminal.  There is no apology when the search is inconclusive and they feel that their day of enjoyment has become a thoroughly bad experience.  In some it engenders an ongoing fear of the police.

To those brought up by their parents with a high degree of modesty that demand that they disrobe and present naked to complete strangers is a form of sexual assault.  It is expected that the facial expressions of police conducting the search would be neutral, but a sly grin at the suspects discomfort would certainly enhance the feeling of humiliation.

It is a fact that that drugs are carried in body cavities and strip searches are a legitimate method of detection.  It must be required of the police that the premises in which they are carried out is suitable and has adequate privacy.  Considering the failure rate from sniffer dog indications perhaps facial recognition of people with known drug involvement would be a better method of search selection. As things stand at present being called upon to be strip searched seems more of an unlucky choice than an indication of guilt.

In some cases, it may even be contributing to drug deaths !

Automatic Law Enforcement !

 "  Privacy "  means different things to many people and the state's Privacy Commissioner is questioning whether a camera trial that photographs both the number plate and the driver of every car passing two Sydney locations infringes that right.

That trial was intended to help stamp out drivers using mobile phones illegally.  The locations chosen were the M4 motorway at Prospect and Anzac Parade at Moore Park.  In the first twenty-five days in operation these cameras delivered high intensity surveillance face recognition of those driving 2.1 million vehicles.  Those using a mobile phone will simply receive a warning letter in the mail during this trial but the prospect of an automatic fine is simply awaiting the necessary legislation to pass through state parliament.

Camera detection to fine lawbreakers has long been legally operational in this state.  We have many fixed speed cameras and mobile cameras are used to damp down speed at accident hot spots. This is mainly old technology and it records the car and leaves the owner with the task of identifying who was the driver at the time of the infringement.  Camera technology has improved out of sight since that time.

This trial raisers the question of whether we have the right of privacy when we" break the law " ?  These high tech cameras can not only detect mobile phone use, they can also accurately determine if the driver or front seat passenger is using a seat belt.  Many with privacy concerns would find this surveillance intrusive.

Sooner or later the state may also move to install a regimen of time/distance control to curb speeding on highways, and this is already in place and in operation to monitor the speed of trucks and other heavy vehicles.  An overhead camera gantry records the time every vehicle passes beneath and compares this with the next checkpoint.   The computer calculates what time factor would be involved for that vehicle to cover that distance at the legal speed - and those arriving too early must be speeding and receive a fine in the mail.   It has the capacity to issue multiple fines for the same vehicle on the same day on state roads.

We accept police radar traps to monitor highway speed and there is nothing like a patrol car with its flashing lights to curb speed on a holiday weekend, but when law enforcement relates to artificial means of detecting a law breach we label that revenue raising.    It can be argued that if detection and a fine are the automatic consequence of slightly exceeding the speed limit we have no other option than to meticulously obey the law.   Otherwise, the demerit point system will lead to automatic license loss.

When this trial comes to an end the decision will be made by the politicians we sent to state parliament.  Law enforcement is an emotive issue and it needs to be balanced with privacy concerns. A lot will depend on whether a particularly horrible example of road carnage coincides with debate on the issue.   That could be the deciding factor  !

The " Libra " Threat !

How do you feel about paying your bills with the Libra  ?   That's what Facebook intends to call its new currency when it launches it on the world.  It is unlikely to take the form of actual banknotes and will exist in crypto form as a digital currency with control outside the hands of the government agencies that regulate the existing money supply.

Of course, if you want to pay bills with the Libra you will first need to own some of the stuff and that raises the interesting question about its value.  How many Australian dollar notes do you shell out to obtain an equal number of Libra credits  ?   And who decides the exchange rate when the Libra is used to buy from a third world country with a lousy credit rating  ?

Facebook claims that it has the ability to move money across the globe more quickly and cheaply than the traditional money system.   We would be wise to look at Facebook's track record and remember the motto of it's founder to " move fast and break things ".   Facebook certainly broke things in the news cycle with its " fake news " components and this progressed to the point that it began to deliver unexpected election results.  We have reached the stage where a lot of people believe what they see on Facebook more than what they watch on the nightly news or read in a newspaper.

Creating a new world currency is an enormous task and obviously Facebook thinks it has the spread of users to achieve success.  What is frightening is the prospect of the people who run Facebook getting their hands on a power for which they have absolutely no experience.  The Facebook way was to solve problems as and when they arose.  That could be disastrous when a new system seeks to replace the carefully orchestrated system of payments that underpins world trade.

We have only to look at the track record of BitCoin to see the amazing highs and lows that experienced without adequate control measures.  The Libra is a step into the unknown and it has the ability to seriously financially hurt a vast number of people across the world.  The problem is that Facebook users may welcome it enthusiastically.  It has the capacity to quickly become a rogue currency and spin out of control.

It has been the extraordinary success of the Facebook concept that is now causing the Facebook movement to seriously consider taking on the money supply.  There is also a high degree of arrogance that has resulted in the misuse of user information data.  This misuse has resulted in Facebook receiving a $7.1 billion fine from the US Federal Trade Commission, which is indicative of the wealth that Facebook is generating.

Back in the 1700's it was the era of the " robber barons " who amassed fortunes with few government controls.  Facebook is a new concept that simply eludes most control measures because of the innovative nature of how it prersents.  This move into Facebook currency takes it to new highs and brings the danger that if it is mishandled it could destroy the carefully managed financial system on which world trade depends.

Facebook users should think long and hard before they adopt the Libra  !

Burying the Dead !

Sydney is rapidly running out of space to bury the dead.  Rookwood is fast reaching capacity and there is an urgent need to consecrate a new site and we should be careful not to repeat the mistakes of the past.  There is nothing more dismal than an old cemetery which has long passed its " use by " date and is now neglected and has fallen into disrepair.

Obtaining a burial site is now a major family expense.  The ratio of people who elect to be cremated now exceeds those going into the ground.  Australia is becoming less religious and in many cases it is religion that insists that the after death procedure must follow the burial ritual.  Many find solace with the need to visit the grave of a loved one and in the past that grave was often decorated with religious art work in memory of the deceased.

Two sites in western Sydney are under consideration.  One relates to a 136,000 burial site near Campbelltown and the other for a lesser 88,000 site  near Penrith.   Both are vigorously opposed by the residents living nearby.  If either goes ahead, residents fear that the resale value of their homes will be adversely affected.

Cemeteries are a contentious issue and both these sites have been taken out of the hands of the local councils to decide and given to the NSW Independent Planning Commission.  As a result, approval has been given for a new cemetery at what is known as the " Scenic Hills " and a plan rejected  to turn the  Wallacia golf course into a 42 hectare new cemetery near Penrith.

Finding a site for a new cemetery in Sydney is a problem shared with many other parts of the world and many unique solutions have been applied.   In some places bodies are buried vertically instead of horizontally, as a space saving measure.  In others, graves are dug deeper to contain additional bodies and it is becoming common for burial sites to have a fixed time limit on their occupancy.  That is usually fifty years, after which a renewal fee applies.

It is likely that any new Sydney site will be a " lawn cemetery ".   That would ban any above ground statuary and the only thing permitted would be a simple plaque at ground level so that the mowers could pass overhead to maintain a green, grassland vista.  This is less jarring to the eye and delivers minimum maintenance costs.

Interest in grave sites by the family of the deceased fades quickly as the generations pass and we would be wise to set a firm date when any new cemetery would automatically become parkland open to the public for their enjoyment.   The grave markers would be removed and a crowded city would welcome what used to be grave sites restored to a vibrant green open space where they could relax on a sunny day.

We have only to look at the many old burial sites now forlorn and unattended in various parts of the city.  They are often prime sites with views of the ocean, adorned with decaying ornamentation and we now regard them as a blot on the lanscape.  We would be wise to avoid a repeat of what was obviously a mistake in urban planning.

If we must continue the practice of burying the dead in the ground that should come with a time limit. When cemeteries pass their use by date they should serve a useful purpose by being returned to the public as open parkland.   A welcome respite for the living.

The Drug War !

The one thing becoming crystal clear at the enquiry into six deaths at music festivals in New South Wales is that the risk factor is not stopping patrons from using drugs to enhance the euphoria associated with music.  It seems likely that the laws we are putting in place will simply drive music festivals out of this state because the costs involved are prohibitive.

The licensing factor NSW has chosen as a control measure involves the issue of a liquor license for a music festival.  Basically, at the last minute all sorts of demands can be made that can increase the organizers costs and in one instance these added an extra $184,000 for the presence of police.  The thinking seems to be based on taxing music festivals out of business.

It would be an act of political cowardice if we simply force music festivals over the border and into someone else's jurisdiction and wipe our hands clean of responsibility for the inevitable deaths that will occur there from drug taking.

What we need to face is the inescapable fact that a way of life has evolved where a wide section of society is determined to experience euphoria caused by drugs when listening to music.  These drugs are illegal, but an unstoppable trade exists and the drugs in circulation vary widely in strength and purity.  Despite our best efforts, these drugs find their way into patrons hands and are widely distributed at music festivals.

The statistics tell a compelling story.  It is not unusual for thirty thousand people to enthusiastically attend a music festival and we now know that about ninety percent intend to use drugs.  If one or two deaths occur, either from drug strength or the inability of an individual to cope with the substance used, it is obvious that the vast majority escaped harm.  It is probable that those who died could have been saved if medical attention had been given - in time.

Clearly, what is needed is a number of treatment and resuscitation points clearly identifiable within the crowd and manned by paramedics with drug treatment experience.  It is quite possible that the presence of police with sniffer dogs may be contributing to panic and causing patrons to swallow the drugs they are carrying in fear of being arrested.  It is quite evident that this form of deterrent is not an effective measure that stops drug taking at music festivals.

Perhaps the time has arrived for a change of attitude on drugs generally.  They are addictive, but so is alcohol and that is available legally.  If " Ecstasy ", the most used music festival drug - was available legally at a strength deemed safe there would obviously be people who would overdose by buying and using in excess, as happens with alcohol., but that is their personal decision.

The government should realise that anything they class as " forbidden "  immediately attracts in our perverse human minds.  Perhaps now is the time to end an unwinnable war !

Secrecy in High Places !

The revelation in the British press of the contents of diplomatic cables between the country's ambassador in Washington and his views on how President Donald Trump is running America will send a shudder through the entire world diplomatic service.

The job of an ambassador is to carefully evaluate both the economy and the state of the armed forces within the country in which  they are tasked to act as the conduit with their own home government.  It is vitally essential that they speak their mind accurately in the coded reports they send home.  These reports are a guide on how senior members of the British government will formulate their country's foreign policy.

Reports from ambassadors circulate amongst the highest echelon of government ministers and it seems obvious that someone was careless with their security.  Someone with allegiance to the other side of politics managed to access these cables and leaked them to the press.  That is a crime that is being investigated by the security forces and if a culprit is revealed there is the likelihood of a public trial and a long prison sentence.

It also raises the issue of freedom of speech.  The media published very confidential information that resulted in ambassador Kim Darrock's position becoming untenable and him resigning.  In confidence, he reported Trump as being  " inept " and "uniquely dysfunctional " and the president replied with his own brand of personal abuse.  It is quite clear that relations between the two countries have been damaged.

There will be a temptation to bring all forms of diplomatic reporting within the scope of Britain's " official secrets act "  which was intended to clamp down on security in a time of war. In such a situation, newspaper editors and their journalists could face prison time as well as the " leakers " who made such information available and that could impinge on closing down the whistle blowers who risk their own safety to bring government crime to public attention.

This leak happened at an unusual time in British politics.  The prime minister has resigned and others are jousting for that position,.  The country is locked in an internal battle over Brexit and it seems obvious that massive change will happen when the final outcome of relations with Europe are  resolved.  If ever the opportunity for mischief was rife within government, it is at its political peak now.

It is obvious that this problem originated within Whitehall and is indicative of the stress tearing apart British politics.  While President Trump is affronted, no real damage has been done.  The British ambassadors comment is little different to what the world has been thinking.  It is just unfortunate that a good and competent representative has been forced to stand down because someone with political ambition chose to leak confidential information to the media.

It seems obvious that the handling of diplomatic traffic will be tightened and this situation is unlikely to recur.  Hopefully, demand for extension of the official secrets act will fade and the laws in place that have made Britain the sanctuary for the politically oppressed will remain unchanged.  Eventually, Donald Trump's term as president will end - and with it the acrimony he engenders.

The " Pensioner " Income Tax !

Most age pensioners do not need to lodge an annual income tax return because their income falls below the tax threshold.  Instead, the government applies what is termed " the deeming rate " to the assets they hold and applies a formulae that " deems " those assets are returning money to the pensioner by way of interest or dividends.

The deeming rate presently applicable is based on assets of $51,800 for single pensioners and $86,200 for pensioner couples to be assessed as earning a return of 1.75 percent annually.  In fact term deposits for savings under fifty thousand dollars are much lower and in many cases pay no interest at all.

When pensioner assets are above that $ 51,800 rate an even higher deeming rate cuts in and 3.25% return is applied.  The interest on amounts above fifty thousand dollars has been steadily falling in  recent years and is now a little over 2%, depending on the term.   As a consequence, pensioners are getting a smaller pension because an unrealistic return is being applied to their assets.

The government is promising relief and these deeming rates will be cut when the next pension review comes into effect from September 30.   That 1.75% deeming rate will be lowered to 1 %, and the 3.25% will drop to just 3%.   Neither is realistic when compared to the interest rate presently offering in the money market.

The pension structure is complex and depends on whether the pensioner is married or single, a home owner or a renter and this new structure will mean a little more pension payment each fortnight, ranging from eighteen to forty extra dollars each fortnight.

The problem is that " pension " covers a wide spectrum from age to disability and a host of other allowances.  To bring the deeming rate into reality would deliver a big hit on the bottom line and put a surplus in jeopardy.  Either the government would need to go into deficit or there would need to be cutbacks in other areas which the public might find unacceptable.

The government has taken an incremental approach.  Partially  improving the deeming rate to give most pensioners a pension increase but limiting that increase to the interest applicable in the money market where savings are invested.  In some cases, pensioner assets are held in the share market or in superannuation where returns of 4% are not uncommon.  This adjustment to the deeming rate fails the " fairness " test, but it is an improvement on the status quo.

In some respects, it could be seen as a form of income tax applicable to pensioners.   The pensioners with no assets pay no income tax, but those with varying amounts are taxed by virtue of the deeming rate, similar to wage earners who face bracket creep as their income increases.

Of course, that is an argument that pensioners will be quick to bring to government attention when inevitably interest rates are on the increase.   If deeming rates are on hold when rates are low, the same should apply when the rate is rising.

A " Stink " about New Car Deliveries !

A northern hemisphere agricultural problem is causing delivery delays of new cars as entire shiploads are turned back or sent to an Asian port to be fumigated.  It is thought that this can be partially responsible for the drop in new car sales that is worrying economists.

These pests are termed " Stink Bugs " and should they get a hold in this country they would decimate agricultural crops and do untold damage across a wide plant variety.  Unfortunately, the timing of their life cycle coincides neatly with the ship journeys bringing new cars to Australia.

The peak season for stink bugs is at the start of the northern hemisphere winter and as the cold descends they quickly hibernate.  Unfortunately, while in their winter sleep cycle they are hard to detect, but as the ships travels towards the equator the rising temperature signals what they think is the coming northern summer - and they emerge from hibernation.  If stink bugs are detected in just a few cars, the entire ship load is refused docking clearance and either turned around or ordered to as Asian port for fumigation.  It is not unusual for the time delay to reach three months before they finally arrive in Australia.

The customer who is waiting for the delivery of his or her new car is usually very unimpressed when told there may be a three month delay.  There is also a cost factor.  Decontamination will add about three hundred dollars to the cost of each car and this is being fiercely contested amongst the car manufacturers and the shippers to decide who pays that bill.

Car transport to Australia is now served by giant container ships specially built for the task. New cars are driven aboard and secured for the journey and they are usually waiting for the ship to arrive in massive holding lots beside the shipping terminal, and it is here they are prone to be infested with stink bugs.  Each bulk carrier usually carries a mixed load of car brands from a variety of different countries, hence pinning down the source of the bug infestation can be difficult.

Both the delay and its cost is spread across the entire spectrum of vehicles.  It applies equally to the highest priced model from Mercedes to the cheap ute from China and we now have a totally unpredictable delivery cycle which is dependent on agricultural inspections.  One of the problems is the prevalence of stink bugs in the northern hemisphere and the contours of a modern car providing ideal hiding places for the bugs to settle. It is impractical to shield the new car in some sort of cocoon because " driveability " is a function of the delivery cycle.

This contamination issue is at its height between November and March of each year.  As a result, many canny buyers are only interested in cars actually in the showroom and available for immediate delivery.  Getting the colour you desire and the accessories added by the maker can become a tedious wait for deliver.

Becoming a " Pauper " !

Earlier this week the east coast of Australia and to a lesser extent the Perth area of Western Australia was thrown into chaos when a Telstra outage disabled the function of both the ATM network and eftpos machines.   The system went down at about three in the afternoon and was unable to respond until seven in the evening.

For four hours this threw the commercial world into chaos.  A wide range of retailers that included Woolworths, Caltex and Australia Post were unable to process card payments and it was inevitable that many people were seriously embarrassed.  Both the debit card and the credit card in their many forms are rapidly replacing the cash people used to keep in their wallets and purses to make small purchases and we have been rapidly becoming a cashless society.

This ever changing world now trades 24/7 and the " tap and go " use of cards is fast banishing that endless fishing out change to make small purchases. Items such as buying a newspaper or a cup of coffee are now paid for with a card rather than the time consuming function of paper money and the acceptance of change.   The commercial world is fast becoming aware of the ever increasing costs of handling and banking cash.  The card system simply transfers money from the customers bank account to the merchants in a seamless operation.

It would be interesting to know the personal embarrassment individuals suffered during that four hour outage.  How many people had filled their car with fuel and were waiting at the counter to pay for that purchase  ?  How many arrived at the checkout with a trolley full of groceries only to find that their credit card could not be processed  ?   No matter how much money they had in their bank account, at that moment they were a " pauper ".

This was not the first time the system has crashed - and it certainly will not be the last time either. This entire money system is prone to attack by hackers and the idea of cyber warfare would enable an aggressor to close down the money system and throw an enemy country into chaos.  Not only the money system but the entire delivery of essential services such as electricity, water and food is governed by the world computer network.  This short outage delivers a clear warning of the vulnerability facing our way of life.

Many of the people who were seriously inconvenienced by this weeks outage and have the financial ability to do something about it may in future tuck an emergency amount of money away into the back of their wallet.   It would bring relief to know that in a similar emergency that cash could enable whatever purchase was in progress to complete and they would be absolved from " pauper " status.

The event of this week was a sobering experience for many.  Perhaps for the first time finding themselves stranded and without access to money.

Tilting against Windmills !

At a time when the world economy is on a knife edge because of a tariff war between the United States and China we have a strike on the Australian waterfront that looks likely to delay the flow of imported goods and leave our exports of dairy products, meat and wine sitting on the docks for the next ninety-six hours

The Melbourne docks are idle after six hundred waterside workers walked off the job to join  1200 colleagues from  Sydney and Fremantle who are locked in an enterprise bargaining negotiation with their employers.  The issue causing the strike is a demand that jobs be protected from automation and outsourcing.

Once again we are seeing our economy being put in jeopardy by a futile fight against the inevitable.  That same fight was lost years ago when loading ships moved from slings operated by cranes and we entered the shipping container age.  The march of automation is relentless and while automation brings fewer manual jobs, it increases higher paid employment needed to service the machines that will speed up the loading and unloading process.

Few people now remember the epic battle of 1949 when coal mining machinery was overturning the old ways of mining coal in the world.  Australian miners went on strike on the basis that the only coal in Australia would be mined by men working with picks and shovels.   The mines were silent for seven weeks in an age of steam trains and coal firing our electricity industry.  It had the potential for an economic disaster as 23,000 miners dug in their heels and refused to compromise.

Labor was in office at that time and prime minister Ben Chifley took the courageous decision to order Australian troops to work the open cut coal mines and get the nation moving.  It took just two weeks for the strike to be broken and the strikers return to work and it would be unimaginable to contemplate Australian industry today if that issue had insulated coal mining to the methods of the horse and cart age,

Innovation is now constant and the countries of the world move in tandem.  It is economically impossible for a single country to stand out against the progress that reduces costs and speeds the move of goods.  Just as the waterfront today is vastly different from that of the 1950's, it will be changed again in the near future and the people who work in that sector will need to change with it.

The trade union movement has a role to play in guarding the working conditions of its members, but it does them a disservice if it blindly opposes all forms of improvement coming online.  All types of work is facing change in this innovative age and the clever people are those who change with it and gain the better jobs that are created by that change.

This strike is going to cost many union households a pay packet until it ends.  What is inevitable is that the coming change will not be delayed.  Unfortunately, that only becomes clear to those involved long after the damage has been done  !

Sharing the Risk !

What happens if you stop paying household bills  ?   The usual outcome is to have electricity, gas and water disconnected and recovery of the amount owing put in the hands of a debt collection agency.   That could result in some big and aggressive people banging on your door.

What happens when a bank owes you money, and you don't even know about it  ?  That seems to be - nothing !   One of our big four banks made a simple clerical error when mortgages based on interest only payments changed to an interest and reduction regime in 2017.   As a result, thirteen thousand owner-occupiers with interest only loans were charged  an extra $ 11 million dollars.  This represented an average extra $846 paid on the outstanding loan because the required monthly reductions due to come into effect were not taking place.

Despite the time factor now in place, 12,800 of those customers are still waiting to be repaid.  Mostly, they are unaware of this error because it is the practice of the bank to notify them in the same letter that has the refund cheque attached.   The bank refuses to comment on when the last of these refund letter will be on their way to customers beyond saying that the bank was " working through " the problem in coming months.

We recently has a Royal Commission delve into the workings of our banking industry and it was not a pretty picture that emerged.  The big four banks have promised to mend their ways and many of the devious practices in play have ceased, but the risk factor pertaining to loans is still very much in the banks favour.

Recent instances of residents being forced to evacuate high rise apartment blocks because of building instability has shone the spotlight on mortgage risk sharing.   When an applicant applies to a bank for a home mortgage, acceptance is based on the applicant having an acceptable deposit and the bank accepting the house or apartment as the collateral to be resold should loan repayments fall into deficit.  The value of the mortgage is usually far short of the actual value of the building underpinning the loan.

We now have three high rise buildings in Sydney that have suffered damage due to structural construction errors, resulting in their residents being forced to find other accommodation.  The banks insist that the mortgagee is still responsible for the debt despite the value of the building underpinning the loan becoming virtually unsaleable. Should the mortgagee default on payments, the bank may pursue recovery by acting against any other assets in that persons name.

If a law change made both the bank and the mortgagee equally the loser when the asset forming the security for the loan developed a structural fault it would make the banks more interested in the integrity of the building companies involved and insistent that councils and certifiers take greater responsibility for constructions under their control.

There seems no valid reason why loan security should not be restricted solely to the collateral named in the mortgage document forming the basis for the loan.  That was the original reason both parties agreed to the loan.

Recognising the Drug Epidemic !

The Coronial inquest into deaths at music festivals has been told that ninety percent of those attending are using some sort of mind altering drug and that the popular choice is MDMA, with ketamine and cocaine playing a lesser role.

The focus of this enquiry is the deaths of six young people who died at music festivals that drew crowds measured in thousands.  Each of those deaths is a tragedy for both the parents of the victims and their numerous friends but perhaps the question that needs to be asked is why only six people died if drug use is that widespread ?

If ninety percent of those thousands attending music festivals successfully used drugs to achieve the mood swing they needed to enjoy the music played and went home afterwards with no ill effects there is every chance that they will repeat that action at future festivals, and inevitably there will be a further small percentage of deaths amongst the crowd.

The whole aim of law enforcement has been directed at stopping the drug trade in Australia - and that has clearly failed.   Not only do drug imports continue to slip through the customs net, we have an ever expanding local industry creating drugs for sale and many of the products made in contrived drug laboratories are a mix of ingredients that are lethal.  Those drug cooks are not interested in quality.  Their aim is to make money and they couldn't care less if what they sold killed somebody.

It would be realistic to suppose that nothing we are going to say or do is going to change the determination of music fans to use mind altering drugs when they pay big money to attend festivals that feature the bands they adore.  In fact, it is quite probable that our anti drug measures may have played a big part in causing some of those deaths.

We are using the " fear factor " to try and stop the taking of drugs and this manifests itself in uniformed cops with sniffer dogs at festival entrances.  Some patrons with drugs in their pocket intended for periodic use during the festival may panic - and take the lot and create an overdose.  Perhaps the thought of being stopped and strip searched is enough to create the fear factor that ends in the death of young people simply going along with the prevailing mood in the crowd.

The people who oppose pill testing are being unrealistic.  At least that may remove the really harmful substances circulating, but the biggest aid to saving lives is having medical attention quickly available.  Paramedics have the ability to reverse the ill effects of drugs - if they get to the victim in time.   The big numbers brought to the attention of paramedics at music festivals is encouraging.  Patrons are looking out for one another and this is saving lives.

Law enforcement needs to keep pressure on drug importers and the local drug industry but perhaps a less evident approach at music festivals might be more productive.  It is quite clear that police and sniffer dogs have failed to stop the circulation of drugs at music festivals.   If drug use is inevitable it  is better controlled with clearly marked availability of medical help to counter the harm caused.

Stopping drugs at the entrance has clearly failed.  The paramedic approach is a more practical way of stopping drug deaths !

Jury Trial Danger !

The Attorney General has tasked a senior judge with a review of the jury trial system because trials are getting both longer and more complex.  The aim is to cut the time jurors spend in court and it has been made clear that there is no intention of reducing the number of cases which will be decided by a jury verdict.

This review will be carried out by the District Court chief judge Derek Price and the areas that will be examined will be the case management of trials to try and eliminate the need for jurors to sit through endless evidence unrelated to the trial issue.

Justice price explained the thinking by noting that in the case of an armed robbery the key issue would be the identity of the armed robber, but the jury might have to sit through evidence to prove that a robbery had actually taken place.

It was hoped that pre-trial agreement could be reached to concede that the robbery had taken place and this would eliminate a huge number of witnesses and court time.  This was an issue of " case management " and it had the potential to speed up the entire court system.

The Law Council of Australia is wary.   This hinges on the issue of pre-trial representation if agreement between the prosecution and defence is going to eliminate what may be heard by the jury. The prosecution is headed by senior counsel and very often the accused is represented by a lawyer appointed by the court.  Usually that is a young man or woman at the start of their legal career and lacking in court experience.

The vast majority of criminal trial cases involve negotiation between the prosecution and the defence to decide the sentencing outcome.  This is called " Plea Bargaining " and it usually involved an agreement by the accused to plead guilty in exchange for a reduction in the charges to be heard - and the prison term outcome decided before the case goes to trial.

There is a danger that an inexperienced defence counsel could give away issues that a more experienced barrister could use to sway that jury verdict.  In many cases the disproving of prosecution evidence on a minor matter is the key to jurors reaching a conclusion.   The condensing of a jury trial could be a concession that eliminated some defence opportunities.

There is also a danger that trials may be more directed at gaining public acceptance than delivering justice.  The public makes a judgement when a criminal is charged with an offence that carries a long prison sentence.  When that is later reduced to a lesser charge the prison time is rarely the time actually served.  Often, the convicted is eligible for parole and release after a short time behind bars.

A review of court procedures will be welcome, but all the relevant evidence needs to be examined in court to prove the charges that will lead to conviction or acquittal.  The accused must not be put in the position of agreeing to evidence suppression on the advice of mere court appointed lawyers.  The law requires the prosecution to prove its case.

Home Mortgage Dangers !

Interest rates in Australia are at a record low and the indications are that they may edge even lower. As a result, the banks are awash with very cheap money.  The interest customers receive from term deposit is hovering just above two percent and looks certain to retreat even further and the government is crowing that this market opportunity is now attractive for first home buyers.

That depends entirely on whether the present retreat in house prices is a lasting correction or if the stimulation of new people entering into the market sets off a new wave of inflated price movement with little relevance to the wage structure.  The banks are indicating easing the tests they apply to determining if applicants have the financial strength to service their home mortgage applications.

We could be about to see a new wave of first home buyers with very little actual equity in the house or unit they have contracted to own, and with a dismal number of years of remaining mortgage payments.  We live in a very uneasy world with various flash points ready to erupt and not the least the expectation of a tariff war between America and China bringing trade to a halt.  The unrest in the Middle East is far from settled and now there are new tensions in Europe that are edging towards an oil tanker war.

Even if these tensions remain under control the history of world finance is beset with cyclical minor recessions.  We are accustomed to stock market prices dropping as a result of rumours which lack substantiation, as happened in 2008.  We would do well to remember what happened to the housing market at that time.

A price panic caused buyers to retreat and home and unit prices dropped sharply, leaving many people owing more on their mortgage than their asset would attract from the diminished pool of buyers.  The banks were quick to foreclose delinquent mortgage payments and it was very evident that they had little expertise in moving the homes that came under their direct control.  Lawns were left uncut and the appearances deteriorated.  Former owners lost a lot of money in that bad experience.

There is the expectation that this drop in interest rates is an anomaly. We may be enticing many first home buyers into financial ruin.  Sooner or later the market will stabilize and rates will rise.  What we do now will have a dramatic effect on house price stability when that inevitably happens.  A rise in interest rates will require mortgage holders to increase their repayments and many mortgaged  owners will be left stranded.   We may be enticing many first home buyers into financial ruin if we allow them to enter the market at payment levels they can now barely afford.

At best, making it easy for first home buyers to enter the market will merely restore housing stock prices to an unsustainable level.   That will keep bank profit levels high, but at a future cost to the over committed.  Many young people are better served by remaining in the rental market rather than taking the risk of jumping into a market that lacks stability.

A New Export Industry !

One of the problems that set Japan on a war footing that evolved into the second world war was its tiny geographical footprint on the planet, and its lack of the base natural materials needed to sustain its production industry.  It took the course of invasion and conquest as the way to solve that dilemma.

Modern Japan is fast developing an industry to produce hydrogen gas as the replacement fuel for nuclear energy and to replace the import needs for oil and natural gas.  That has the advantage of production from a very reliable base material - water.

Hydrogen is produced when water is subjected to a process called electrolysis, splitting water into hydrogen and oxygen, hence the scientific term for water is H20.  It is estimated that when the Japanese plan for hydrogen production reaches maturity in 2030 the cost per kilogram of the Australian product will be a dollar a kilogram cheaper than the Japanese produced product price..  This has drawn an interest here from the Council of Australian Governments which has released a consultation paper on our national hydrogen strategy.

Chief Scientist Alan Finkel sees an opportunity for Australia to develop a hydrogen industry because we have something that Japan lacks - the space to create hydrogen from electrolysis without the consequent increase in the release of greenhouse gases.

The ideal combination for electrolysis is for that process to be fuelled by solar electricity and we have vast areas available for such developments close to a sustainable body of water - the ocean  Hydrogen production is perfectly viable from salt water. The use of renewable energy completes the cycle where a valuable export is obtained without increasing our production of greenhouse gas.

Analysis by the International Energy Agency shows that production of hydrogen in Australia would have a price advantage over the cost to produce in Japan even when transport costs are taken into account.   It is estimated that Australian hydrogen would have a price advantage of being a dollar a kilogram cheaper than the $6.50 it would cost Japan to produce when production reaches maturity in 2030.

Hydrogen has long been an energy enigma.  That car industry has been looking at it as a replacement for oil derived petrol for running the internal combustion engine but that is being replaced by electric motors and batteries.  It could be that hydrogen becomes the fuel component for long distance heavy transport where batteries have problems.  The hydrogen fuel cell is at an advanced stage of development.

Australia is fast becoming the biggest exporter of natural gas to a world with an insatiable demand for energy.  There seems no reason why we can not tap into world demand with hydrogen and allow both energy sources to compete for business.

Car Theft Enigma !

The car insurance industry has come under the spotlight  because its investigators are accused of heavy handed tactics when they seek to eliminate outright fraud which is prevalent in accident claims.  The main victim has been the compulsory third party insurance required when every car registration is renewed and it was discovered that this was becoming a new industry with carefully managed, low speed crashes where a multitude of people claimed compensation for injuries which were difficult to medically disprove.

Now attention is directed at how claims for stolen cars are handled.  An enquiry by the Australian Securities and Investment Commission found that only a small proportion of claims are actually investigated and that seventy percent are usually passed for payment.   On average, only four percent are rejected on the basis that the claim is fraudulent.

One of the instances examined  was the experience of a man who had the misfortune of having his car stolen from the carport outside his home and which was later found abandoned - and torched.   A lengthy investigation concluded that he had not dealt with the insurer in good faith and the claim was rejected.

This man persisted, obtained help from Financial Rights Legal Centre and after two years the claim was approved and he got his insurance money.  But successive information requests over the length of the investigation included a search to discover if he had a criminal record and perusal of his bank accounts, telephone and text records and even his social media activities.  He found the investigation intrusive and the insurer has apologised.

The vast majority of the cars on Australian roads are less than ten years old.  The safety aspect of the modern car makes incremental bounds with each new model and safety has never been more paramount.  The only thing that fails to increase - year to year - is the security that prevents the car being drive away by a thief.

Those with a long memory recall the promises that have been made to deliver car security.  All cars not so long ago came with a steering security lock.   You needed to park with the wheels inclined towards the kerb and the security lock prevented any form of steering until the key deactivated that security device.  A few years later it was announced all new cars would be automatically fitted with an " Immobilizer "  that prevented the engine being started.  This was something installed by the car manufacturer, but it seems that a fifteen year old kid, armed with a screwdriver is still capable of making off with the average vehicle in less than a minute.

We live in a marvellous, electronic age and the only conclusion is that the car industry is simply not interested in vehicle security.  Unfortunately, it seems that includes the actual new car buyers.  In todays world it is all about convenience and  buyers seem disinclined to pay money for car security or to fuss about setting and unsetting security devices to protect their investment.

One of those precautions involved discontinuing the wiring colour code so that a bandit could not simply connect two wires to circumvent the ignition switch.  It seems that was abandoned after complaints from the electrical repair industry about the inconvenience it would cause  repair technicians.

Despite the involvement of the modern car as an example of high end technology, it remains a thieves dream.  It will remain that way until the inclusion of a device to consistently stop theft must be in place before the car can be covered for theft insurance.   It will take that sort of legislation to get the car industry to take theft seriously.

Limiting Jury Trials !

One of the basics of our justice system is the need for the prosecution to convince a jury of twelve of our peers that we are guilty. The task of the judge in such a trial is to ensure that both the prosecution and the defence scrupulously remain within the boundaries of how evidence may be presented.  It is only after a verdict of guilty has been delivered by that jury that a judge has the task of determining the penalty that would be appropriate for the crime committed.

The vast majority of jury trials are held in either the Supreme court or the District court, with the majority taking place in the District court and both are subjected to long delays. Often the accused waits years for his or her case to make it onto a judge's docket and gain a place for a scheduled hearing.  Where bail has been refused, the accused spends that time locked away in prison and this is an aspect of prison reform that has long awaited improvement.

The New South Wales Bar Association represents two thousand four hundred barristers who are available to be the representative of the accused in court and who will present the defence.  Their reputation for achieving success grades both the skills they bring to achieving acquittals and the fees they charge for their services.  Where an accused lacks the financial ability to hire such a barrister, the court appoints one but he or she is usually at the start of their legal career and do not have wide court experience.

The problem is the growing complexity of court trials that involve many criminal matters and which are beyond the scope of ordinary men and women to understand.  The chief judge will conduct an enquiry which will look at five main areas including pre-trial case management, the use of technology to drive efficiencies and the potential for limiting jury use in certain circumstances.  That sounds ominously like a move towards trial by a judge alone and without the balance of the presence of a jury.

Convincing a jury of twelve ordinary people drawn from the wide spectrum of life was the fulcrum of the justice system.  Twelve impartial people were selected at random and evidence presented needed to convince them of guilt.  It was the task of the defence to suggest reasons why that evidence should be disbelieved.   It required a unanimous verdict of those twelve people to deliver a guilty verdict and the doubt of a single juror was sufficient for the accused to regain his or her freedom.

Deciding a case purely on technicalities set before a judge will probably raise the conviction rate - and speed trials, but is that the sort of " justice " we expect from the courts ?  In particular, we now seem to favour using what are termed " sentencing options " before the case goes to court.   The prosecution negotiates a heavily discounted prison sentence in exchange for the accused pleading guilty- and avoiding the trial entirely.   This is also called " plea bargaining ".

In some overseas jurisdictions the pressure is such that the innocent choose prison to avoid the extraordinary sentences that will be imposed by a guilty verdict at trial.  It is the lessor of two evils and many innocent people go to prison in the interest or speeding the justice system.  We need to be very careful to ensure that reform of the court system that has been in place for many centuries does not replace a fair trial with automatic conviction as the way of speeding up the justice system.

A jury trial remains the apex of our system of justice and we mess with that at our peril  !

Lead Poisoning !

There must be an amazing number of people in the world who have survived and recovered from a gunshot wound.  Unfortunately, many suffer from a debilitating aftermath that goes completely undiagnosed.  Many are surprised to learn that they are suffering from lead poisoning.

When that soft, lead bullet strikes bone it usually shatters and tiny fragments penetrate deeply into surrounding flesh and muscle.  Trauma surgeons probe to remove as much of the bullet as possible but going after the bullet residue involves cutting deeply into healthy tissue and they elect to leave those fragments in the body.

Long after the wounds have healed gunshot victims often complain of symptoms such as fatigue, headache, abdominal pain and nausea and these are usually incorrectly attributed to a range of other illnesses.  The true cause is only revealed when the victim takes a blood test to determine his or her lead level.

An average, healthy person will probably have had a blood lead level of two micrograms per decilitre of blood, but that is now falling since lead has been removed from paint and from the petrol we use to fuel our cars.  The American CDC recommends that anyone with a lead level above five micrograms should urgently start a programme called "chelation ".  That is usually successful in reducing the blood lead level back to that two percent stability.

Unfortunately, having been shot is not the only way to get lead poisoning.  Animals that met their death at the hands of hunters usually contain bullet residue and that is particularly evident in birds brought down by shotgun pellets.  Tiny lead particles pass through the victims digestion system when such game is eaten and some of this lead remains in the body.

This came to the attention of the authorities in California when it was noticed that the giant Condor bird numbers were declining.   These birds are carrion and it was found they were eating body parts left by hunters and their decline was caused by lead poisoning.   California has since passed laws that remove lead from sporting ammunition, but this is being resisted by the National Rifle Association. Lead has long been the preferred bullet base by ammunition manufacturers because it is both cheap and plentiful - and easy to mould into shape.

Ammunition can be created from a range of other metals but that would increase the cost factor and be unpopular with hunting enthusiasts.  Game shooting has not developed in Australia to the extent practised in some other countries but this link between lead ammunition and lead poisoning remains a hidden danger.  People suffering the symptoms which are common to a range of ailments might be wise to have a blood test to check their lead level

The " Defence " of Australia !

When the independent colonies that are now the Australian states joined together to form this country at the start of the twentieth century we looked to Great Britain to defend us.  That was logical because not only was it our " mother " country but it was also the richest and most military powerful in the world.

That changed during the second world war.  Britain was fighting for its own survival and was unable to commit to Australia's defence - and the Japanese were threatening us with invasion.  We turned to the United States and when that war ended with the start of the nuclear age it seemed natural to continue to shelter under the American nuclear umbrella.

One of this country's foremost defence strategists and defence analysts suggest in his book that we should now develop our own nuclear weapons in case the growing power of China eventually poses a threat.  He contends that there is similar thinking in other countries with a similar stance to Australia and those include Japan, Germany and South Korea.   It raises the question of whether the United States would go to nuclear war in defence of allies with which it has defence treaties.

Perhaps the greatest danger to world peace would be the proliferation of nuclear weapons in the hands of the countries the nuclear proliferation treaty is designed to prevent.  Despite great power tensions, the world has avoided a nuclear war in the decades since nuclear weapons have been restricted to a small bevy of nations.   It raises the question of whether having a nuclear defence serves a definitive purpose, or whether it simply makes that country an inevitable nuclear target in a nuclear war ?

If Australia did go nuclear the logical application of that defence would take the form of submarines equipped with ballistic missiles.  As a deterrent that offers the hope of persuading an aggressor that a first strike would bring a nuclear response that would be unavoidable, but with our population concentrated in a handful of great cities that nuclear option would leave us vulnerable.

Going nuclear would also come at a cost.  We would need to raise defence spending from the present 2% of GDP to 3.5% and find another thirty billion dollars a year.  That would certainly impose an austerity regime and curtail the spending plans under way to improve public health and education.  It is not possible to have an advanced nuclear defence system and at the same time continue to create an improved standard of living that serves the civil population.

We might be wise to leave the nuclear genie in the bottle.  Our defence needs are capable of fending off any of our neighbours with invasion plans and in the event of a world nuclear war it is probable that there might be no survivors.   There is also the possibility that those in the northern hemisphere may destroy one another and the peaceful non nuclear countries to the south may survive.

The only thing absolutely certain is that life as we know it would end if we became a target in a nuclear war.  Neither the ability to mount and deliver either offence or defence changes that outcome. We would be wise to not pin our hopes on winning a nuclear war  !

The " Spanish Flu " Remembered !

Flu is just something that turns up regularly each year and we suffer a bout of the sneezes and runny noses, or is this years flu something more sinister  ?  We are only one third of the way into winter and nearly 33,000 people are confirmed infected in this state alone - and fifty-seven have died of its effects.  No wonder that calls to get a vaccine jab have become so urgent.

It is a fact that this flu epidemic is now twice the numbers of past average flu years and science has long predicted that the greatest threat that humankind faces will come in the form of an epidemic.  In earlier centuries the world was afflicted with Bubonic Plague, which was spread by the fleas carried by rats. Then in the winters of 1918-19 the world suffered what became known as the " Spanish Flu " and it is estimated that it killed about a hundred and fifty million across the globe.

It started in a farm state in America and researchers conclude that it achieved the breakthrough that allowed the passage from animals to humans to occur via some form of water bird, probably ducks. The United States had entered the first world war and the timing was atrocious.   Huge numbers of fresh troops were being packed on ships for the passage to Europe and this epidemic spread like wildfire.  By wars end, more soldiers and civilians were being killed by the flu than deaths occurring on the battlefield.

That Spanish flu is still a part medical mystery.  For reasons not yet known, fit and otherwise healthy adults were more likely to die and children were more likely to make a recovery, but it was a particularly unpleasant death and it came very quickly.  The sufferer began to cough up blood and the lungs quickly filled with fluid.  People simply drowned in their own juices.  Those who recovered from the Spanish flu had life long immunity from the disease.

This epidemic picked an opportune time to strike.  The end of the first world war saw thousands of troops returning home - and bringing the flu with them.  It was extremely contagious and it spread through the civilian population.  Fortunately, at that time the means of travel between world countries was mainly by ship and this slowed the progress of the flu and allowed for an effective quarantine.  In the age of air transport we might not be so lucky if that epidemic ever re-emerges.

One of the mysteries of this Spanish flu was the abrupt ending of the epidemic.  It rampaged through the world - and just as suddenly as it started it came to an end.  Millions of victims were hastily buried and yet there has been no infections caused by progress intruding into those graves.  Today that Spanish flu is as big a mystery as it was at the end of  the first world war - and we are still no closer to finding a cure.

It is a sobering thought as we have two more months of winter to endure.  This is not the Spanish flu returning, but it is something that should be causing us concern - and a good reason to have that flu jab.

War with Iran ?

When someone starts blowing up oil tankers in the Straits of Hormuz that looks like the first shots in a Gulf war. Iran has had a long term ambition to develop a nuclear weapon and it took a deal with the west to delay that until some time in the future.  Unfortunately, the United States has withdrawn from that deal and now all bets are off and Iran is again amassing enriched uranium as the prelude to creating a bomb.

Donald Trump has made it clear that he will prevent a nuclear Iran, even if that means going to war. Originally, this nuclear club restricted itself to the great powers of that era.  The United States, Britain, France, China and Russia.  Since then both India and Pakistan have forced their way into the list of nuclear armed nations and Israel - with a nod and a wink from the US - has a hidden nuclear arsenal.  Against all odds, the hermit kingdom of North Korea managed to acquire nuclear weapons and the means to deliver them by intercontinental ballistic missiles, eluding the restraints of the great powers.

One of the problems is that Iran is a theocracy.  It is run by religious zealots and it is clearly taking sides with the religious divide that exists in the middle east.  A nuclear Iran would destabilize the Arab world and there is always the chance that religion would see the nuclear deterrent pass into other hands amongst the tribes seeking a personal homeland.   The thought of misfits like Islamic State getting their hands on a bomb would be a nightmare.

What is frustrating is that Iran was abiding by the terms embedded in that nuclear deal and this is clearly confirmed by all the other co-signing nations.  The United States withdrew solely on the personal opinion of its president that he disliked the terms of the deal. Donald Trump's presidency is unlike that of any of his predecessors.

In about eighteen months America will decide if Donald Trump is given another term in office, or if a replacement will sit in the oval office.  Perhaps the other great world powers would be wise to demand that Iran stay its hand on enriching uranium until that event is determined.  A new incoming American president would most likely gladly re-enter the deal that Iran was honouring.  Donald Trump has not only withdrawn from the deal, he has imposed crippling sanctions on the Iranian economy.  Iran has a valid reason for complaint.

The danger is that with eighteen months in office Trump may decide to take up the war option.   In fact, Iran may be the one to start that war if its economy suffers to the point that its continuation as a viable trading nation is threatened.  These tanker attacks could serve the purpose of calling the Iranian population to arms.

It seems evident that the other great powers of this world need to deliver an ultimatum to Donald Trump.  There will be no support for a war with Iran.  That would certainly impose a limit on the action that an American president could take in a world united against such a war.