For centuries the tax cheats of the world had a willing accomplice in the Swiss banking system. The secrecy surrounding those numbered bank accounts was legendary. Gradually, pressure is forcing more disclosures and the tax man is closing in relentlessly.
The tax avoidance industry is fighting back and we are now seeing the emergence of the" Freeport " industry in various cities of the world. This is based on what used to be called " Bond stores ". The Bond store was a tax free area where goods could be stored until their final destination was decided - at which time any tax or excise was then payable.
What was held within a Bond store was deemed " goods in transit " and in some cases in the days of sail it was simply waiting trans-shipment until the arrival of a ship which would convey it to another part of the world. It was also handy to hold goods in bond until cheques cleared or a buyer could be found. There was no time limit on how long contents could remain in that " in transit " stage.
Tax dodging has taken a new form. Freeports are now used to store art, antiquities, rare wine or items that may increase in value. They resemble a fortress in their mode of construction because they need to offer an incredible standard of fire protection and burglary security. Rates charged range from about a $ 1000 per annum for the storage of a medium sized painting, to somewhere between $ 5,000 - $ 12,000 for the space of a small room. Some Freeports mirror the facilities of banks, with storage boxes to hold cash or gold bars.
One of the benefits of Freeports is that the wealthy of the world may quietly trade their treasures amongst themselves. In many cases, this simply involves the item being transferred from the holding area of one owner - to the holding area of the buyer. That is reminiscent of the days of the Gold Standard, in which countries settled their trade debts by transferring gold bars within a central gold storage area.
The other change from the past is the location of Freeports. Traditionally, they were sited in sea ports to handle the merchandise carried by ships, but today are more likely to be in close proximity to a major airport. The trend started with Geneva, Singapore and Luxembourg, but it is rapidly growing and taking trade away from remote tax havens like the Cayman islands - and becoming an adjunct to the big cities of the world.
Once again the tax avoidance industry and the tax man face each other across the Chess board as they make move - and counter move. As one door closes - another door opens. Inevitably, all this is reliant on the legislation in place to confer legality - and that will become the real battleground !
Saturday, 30 November 2013
Friday, 29 November 2013
Suppression orders !
This week a man charged with murdering his fiancee by throwing her to her death from a high rise balcony was found guilty by a judge. What was unusual about this case was that the accused elected to be tried before a judge rather than face the verdict of a jury.
It is the custom of our law system to suppress any record of previous criminal activity from being presented to the court hearing the evidence relating to the crime for which the accused is charged. The trial procedure requires those involved to only consider the facts relating to the charge laid and in most cases the accused presents his or her version of the events - and this requires those sitting in judgement to make a decision as to whether they accept or reject that version.
It seems ironic that such a judgement is kept entirely devoid of the character history of the accused when they assess the conflict between what the accused claims to be the facts, and the evidence that the prosecution puts forward.
Now that a verdict has been delivered, the media is free to publish what was suppressed at the trial, and we learn that this convicted person once bit the ear of an arresting police officer, has engaged in selling cocaine and was previously convicted of brutally attacking a man held defenceless by others. He led a lavish lifestyle and this was not supported by any form of fiscal record.
This case was a decision between two issues. The prosecution claimed that in a fit or rage the accused carried the victim to the rail and threw her to her death. He claimed she climbed over the rail, slipped and fell to her death by accident. There was evidence of violent arguments between the pair and that he had a " controlling personality " . His fiancee was in the process of leaving the relationship and returning to Canada.
The issue of suppressing earlier criminal history is certainly argumentative. In this case the accused probably made a mistake to elect to be tried before a judge rather than rely on the decision of a jury. It stands to reason that judges usually are interested in other cases going through the courts and may well have been aware of this mans previous history. A jury would most certainly have that screened from their knowledge when making a decision on which version of events to believe. Discord from even one juror would have led to acquittal.
Suppression order falls into disrepute when a high profile case leads to acquittal - and then the media is filled with a lurid past history that was hidden from the jury. That jury has been tasked with deciding the truth or otherwise of the accused - without being given the tools we usually use to decide on a persons character.
It seems that suppression is a price the prosecution pays when the law implements that " Innocent until proven guilty " requirement !
It is the custom of our law system to suppress any record of previous criminal activity from being presented to the court hearing the evidence relating to the crime for which the accused is charged. The trial procedure requires those involved to only consider the facts relating to the charge laid and in most cases the accused presents his or her version of the events - and this requires those sitting in judgement to make a decision as to whether they accept or reject that version.
It seems ironic that such a judgement is kept entirely devoid of the character history of the accused when they assess the conflict between what the accused claims to be the facts, and the evidence that the prosecution puts forward.
Now that a verdict has been delivered, the media is free to publish what was suppressed at the trial, and we learn that this convicted person once bit the ear of an arresting police officer, has engaged in selling cocaine and was previously convicted of brutally attacking a man held defenceless by others. He led a lavish lifestyle and this was not supported by any form of fiscal record.
This case was a decision between two issues. The prosecution claimed that in a fit or rage the accused carried the victim to the rail and threw her to her death. He claimed she climbed over the rail, slipped and fell to her death by accident. There was evidence of violent arguments between the pair and that he had a " controlling personality " . His fiancee was in the process of leaving the relationship and returning to Canada.
The issue of suppressing earlier criminal history is certainly argumentative. In this case the accused probably made a mistake to elect to be tried before a judge rather than rely on the decision of a jury. It stands to reason that judges usually are interested in other cases going through the courts and may well have been aware of this mans previous history. A jury would most certainly have that screened from their knowledge when making a decision on which version of events to believe. Discord from even one juror would have led to acquittal.
Suppression order falls into disrepute when a high profile case leads to acquittal - and then the media is filled with a lurid past history that was hidden from the jury. That jury has been tasked with deciding the truth or otherwise of the accused - without being given the tools we usually use to decide on a persons character.
It seems that suppression is a price the prosecution pays when the law implements that " Innocent until proven guilty " requirement !
Thursday, 28 November 2013
Opportunistic crime !
Crime is constantly evolving into innovative new methods of obtaining money. When women are the sole occupant of a car they are urged to drive with their doors locked and not leave their handbag on the passenger seat. Opportunistic criminals took to attacking cars stopped at traffic lights, opening the unlocked passenger side door - and simply helping themselves to that handbag - which usually contained the woman's purse.
At least the vast majority of crimes do not involve violence. The most common form of criminal activity is described in police statistics as " Break, enter and steal ". Forcing entry into an unoccupied family home usually gives access to a trove of easily portable items that can be sold for money. The danger comes if that house happens to contain a sleeping shift worker and the burglar is surprised - and a fight ensures.
What chills the blood of ordinary citizens is random street crime in which the thief is indifferent to the safety of the victim, and this week brought an example of this in Wollongong.
A 42 year old dog walker was exercising his string of pooches as he walked the cycling track in the northern suburb of Bulli one morning. It was a hot day and he decided to sit on a seat and admire the view of the sea while he and the dogs rested. Two young men aged in the 17 or 18 age group approached, and one of them asked him for a cigarette - which he obligingly offered.
The other - standing behind the seat - suddenly whipped a piece of cord around his throat and exerted pressure until he lost consciousness. While he lay inert on the ground, they ransacked his wallet and made off with his cash, leaving without bothering to check if he was alive - or dead !
Causing a person to lose consciousness by restricting the airway can easily tip the balance - and result in death. The outcome depends on the length of time involved, together with the general state of health of the victim - and sheer luck. This could very easily have evolved into a murder case.
The perpetrators were young men of what appeared to be a Pacific Islander appearance. The fact that the victim recovered and gave police a good description will no doubt result in scrutiny of the cctv network - and most likely an arrest, but the fact that an attack happened in broad daylight on a man innocently going about his business will cause disquiet in the community.
In particular, the fact that this happened in what most Wollongong people would regard as a " safe " suburb will cause many to curtail their normal activities. There are obviously many parts of the world that citizens would consider unsafe - but surely walking dogs beside the sea in a quiet residential neighbourhood would not be one of them.
It seems that today the " risk factor " does not exclude the better postcodes !
At least the vast majority of crimes do not involve violence. The most common form of criminal activity is described in police statistics as " Break, enter and steal ". Forcing entry into an unoccupied family home usually gives access to a trove of easily portable items that can be sold for money. The danger comes if that house happens to contain a sleeping shift worker and the burglar is surprised - and a fight ensures.
What chills the blood of ordinary citizens is random street crime in which the thief is indifferent to the safety of the victim, and this week brought an example of this in Wollongong.
A 42 year old dog walker was exercising his string of pooches as he walked the cycling track in the northern suburb of Bulli one morning. It was a hot day and he decided to sit on a seat and admire the view of the sea while he and the dogs rested. Two young men aged in the 17 or 18 age group approached, and one of them asked him for a cigarette - which he obligingly offered.
The other - standing behind the seat - suddenly whipped a piece of cord around his throat and exerted pressure until he lost consciousness. While he lay inert on the ground, they ransacked his wallet and made off with his cash, leaving without bothering to check if he was alive - or dead !
Causing a person to lose consciousness by restricting the airway can easily tip the balance - and result in death. The outcome depends on the length of time involved, together with the general state of health of the victim - and sheer luck. This could very easily have evolved into a murder case.
The perpetrators were young men of what appeared to be a Pacific Islander appearance. The fact that the victim recovered and gave police a good description will no doubt result in scrutiny of the cctv network - and most likely an arrest, but the fact that an attack happened in broad daylight on a man innocently going about his business will cause disquiet in the community.
In particular, the fact that this happened in what most Wollongong people would regard as a " safe " suburb will cause many to curtail their normal activities. There are obviously many parts of the world that citizens would consider unsafe - but surely walking dogs beside the sea in a quiet residential neighbourhood would not be one of them.
It seems that today the " risk factor " does not exclude the better postcodes !
Wednesday, 27 November 2013
White Ribbon day.
All the politicians are wearing a " White Ribbon day " symbol on their lapels this week to bring support to the movement to stop violence against women. In particular, all the sporting codes have been at the forefront in promoting this anti violence message. They must despair at picking up the daily newspaper and finding a front page crime report about police charging a leading Rugby League player with an incident of domestic violence against his wife.
Over the past few days there probably have been the normal spate of disagreements between family members that have progressed from a shouting match - and in some cases - ended with some sort of physical action. They often involve the neighbours calling the police and in many instances the wife refuses to press charges against her husband. It goes down in the police log books as just another " domestic " !
From a media point of view it falls into that old adage of " Dog bites man " failing to merit interest as a news story - but " Man bites dog " making it onto the front page. When one of the participants in a domestic incident is a leading sporting figure - hold the press !
This weekends " domestic " involved a man who is a regular item in the news for his prowess on the Rugby pitch and his value as a member of one of the big sporting clubs. It seems that he got involved in an argument with his wife that resulted in a door getting kicked in, some furniture broken - and a possible " physical contact ". This man drove away from the scene, refused a police order to pull over and led police on a short chase. He was breath tested, and will face a DUI charge.
Rugby League will possibly impose some sort of penalty for " bringing the game into disrepute " and most certainly the drink driving incident will go to court. All this will be avidly covered by the media and quite likely the domestic violence aspect will be quietly dropped for lack of evidence and a refusal to testify.
There seems to be a degree of discord amongst psychologists on the harm done by reporting incidents of domestic violence. Some suggest that it's prevalence amongst our sporting heros brings justification in the minds of lesser mortals while others think that the " shame " factor deters some people from employing the same end to anger.
The main aim of events such as White Ribbon day is to try and achieve a degree of self control to stop arguments getting out of hand. It can be deemed a success if even a few learn to walk away when their temper reaches boiling point. At least one small step in the right direction !
Over the past few days there probably have been the normal spate of disagreements between family members that have progressed from a shouting match - and in some cases - ended with some sort of physical action. They often involve the neighbours calling the police and in many instances the wife refuses to press charges against her husband. It goes down in the police log books as just another " domestic " !
From a media point of view it falls into that old adage of " Dog bites man " failing to merit interest as a news story - but " Man bites dog " making it onto the front page. When one of the participants in a domestic incident is a leading sporting figure - hold the press !
This weekends " domestic " involved a man who is a regular item in the news for his prowess on the Rugby pitch and his value as a member of one of the big sporting clubs. It seems that he got involved in an argument with his wife that resulted in a door getting kicked in, some furniture broken - and a possible " physical contact ". This man drove away from the scene, refused a police order to pull over and led police on a short chase. He was breath tested, and will face a DUI charge.
Rugby League will possibly impose some sort of penalty for " bringing the game into disrepute " and most certainly the drink driving incident will go to court. All this will be avidly covered by the media and quite likely the domestic violence aspect will be quietly dropped for lack of evidence and a refusal to testify.
There seems to be a degree of discord amongst psychologists on the harm done by reporting incidents of domestic violence. Some suggest that it's prevalence amongst our sporting heros brings justification in the minds of lesser mortals while others think that the " shame " factor deters some people from employing the same end to anger.
The main aim of events such as White Ribbon day is to try and achieve a degree of self control to stop arguments getting out of hand. It can be deemed a success if even a few learn to walk away when their temper reaches boiling point. At least one small step in the right direction !
Tuesday, 26 November 2013
Lowering the risk !
The traditional way of getting illegal drugs into Australia usually involves having them carefully hidden away in imported items. This ongoing battle of wits between the smugglers and customs has involved great ingenuity. The sheer volume of containers passing through import hubs puts the chances of success in the smuggler's favour but we also see regular busts and detection methods are constantly being improved.
Smart criminals took to diversifying the risk. Instead of putting all their eggs in one basket, they changed tactics and began sending very small quantities of drugs through the mail system. The sheer size of the mail flow made close inspection of each item impossible and inevitably much contraband reached it's destination successfully.
The mail branch of customs has also sharpened up it's detection methods. Drug sniffing dogs have made inroads into the flow, but the most effective weapon has been the computer. The ability of computers to keep track of the destinations of inward letters and small parcel deliveries highlights suspicious people who receive multiple deliveries from suspicious locations overseas. Once this pattern emerges, customs pounce !
Now the ever resourceful criminal elements behind the drug trade have devised a new strategy. The foot soldiers of the drug trade have been tasked with recruiting high school kids as the new breed of drug mules. They are offering bribes of between $ 300 and $ 500 for the use of their " clean " addresses. The drug cartels can use the computer tracking system to know precisely when a nominated package will arrive and they forewarn the kids to be at home to receive delivery. Usually, the parents know nothing of this underworld arrangement.
The clever strategy behind this method relies on a wide array of clean addresses that are not likely to draw suspicion because they are each used at spaced intervals. The fee paid to the " Mule " is minuscule in comparison to the profit made from the value of the drugs involved.
Some of the kids are naive and unaware that they are involved in the drug trade while others are getting their first taste of criminal activity - and are liking the easy profits it delivers. Few would fully understand the risks that are involved. Rival drug gangs wage vicious wars with competitors and these kids - and their families - risk being drawn into the fray.
This new menace delivers a warning to parents. If your child makes purchases on the Internet, be aware that the item purchased may contain hidden drugs and that these may be passed into the hands of a criminal in exchange for money. Innocent items such as a safety helmet can contain a stash weighing in at half a kilo - and on the drug market that can make the drug industry people a small fortune.
Smart criminals took to diversifying the risk. Instead of putting all their eggs in one basket, they changed tactics and began sending very small quantities of drugs through the mail system. The sheer size of the mail flow made close inspection of each item impossible and inevitably much contraband reached it's destination successfully.
The mail branch of customs has also sharpened up it's detection methods. Drug sniffing dogs have made inroads into the flow, but the most effective weapon has been the computer. The ability of computers to keep track of the destinations of inward letters and small parcel deliveries highlights suspicious people who receive multiple deliveries from suspicious locations overseas. Once this pattern emerges, customs pounce !
Now the ever resourceful criminal elements behind the drug trade have devised a new strategy. The foot soldiers of the drug trade have been tasked with recruiting high school kids as the new breed of drug mules. They are offering bribes of between $ 300 and $ 500 for the use of their " clean " addresses. The drug cartels can use the computer tracking system to know precisely when a nominated package will arrive and they forewarn the kids to be at home to receive delivery. Usually, the parents know nothing of this underworld arrangement.
The clever strategy behind this method relies on a wide array of clean addresses that are not likely to draw suspicion because they are each used at spaced intervals. The fee paid to the " Mule " is minuscule in comparison to the profit made from the value of the drugs involved.
Some of the kids are naive and unaware that they are involved in the drug trade while others are getting their first taste of criminal activity - and are liking the easy profits it delivers. Few would fully understand the risks that are involved. Rival drug gangs wage vicious wars with competitors and these kids - and their families - risk being drawn into the fray.
This new menace delivers a warning to parents. If your child makes purchases on the Internet, be aware that the item purchased may contain hidden drugs and that these may be passed into the hands of a criminal in exchange for money. Innocent items such as a safety helmet can contain a stash weighing in at half a kilo - and on the drug market that can make the drug industry people a small fortune.
Monday, 25 November 2013
Bracket creep !
We live in a world of wonderful inventions. In the last two centuries humans have replaced candles with electric light, been able to communicate by telephone and both the aeroplane and automobile have given them mobility. What a pity that nobody has been able to create a time machine so that we could go back to the past and correct some of the mistakes we have made !
One of the imposts that urgently needs review is stamp duty. When people try and obtain that most basic of needs - a roof over their heads - they find a rapacious treasury with it's hand out for a huge fee for just stamping approval on the record of sale. The average fee demanded on a Sydney property is now $ 25,000.
Way back in 1986 the stamp duty rate was increased from 2.5% to 4.5% on properties valued at over $ 300,000 and to 5.5% on those priced over a million dollars. At that time, the median house price in Sydney was $ 98,325 and the average yearly salary was $ 22,000. It was simply a tax grab aimed at the upper end of the market - but those stamp duty rates have not been adjusted for the bracket creep that has occurred in the housing market. Now a $ 500,000 home is just " average " !
Realists know that the government needs a money flow to pay it's bills, but imposing a crippling tax on those trying to get their first home seems to be putting the cart before the horse. The timing is lousy ! The first home buyer struggles to raise a deposit on an ever rising market and the early years of the average mortgage usually saps an onerous slice of their income stream.
Whoever dreamed up the idea of stamp duty simply applied it to the wrong end of the deal. It would be better placed at the other end of the housing market - when that first home eventually goes on the market for resale. By then the first home buyer has either cleared the mortgage or has significant equity - and the stamp duty impost is a lesser burden.
It is too late to make that adjustment now. Stamp duty has already been paid on the vast majority of housing stock and to make that change would be a case of doubling the tax on existing owners. The only possible relief would be to make a rate adjustment to take account of bracket creep, but that would deprive the government of a much needed money source - and would be anathema to treasury.
Unfortunately, this looks likely to be an ever widening problem. The housing market is giving no indication that pressure on prices will ease and the present very moderate rate of inflation will see that stamp duty climb higher as the years progress.
Those aspiring to buying their first home can only hope that some genius will succeed in inventing a time machine - and then perhaps a lot of wrongs could be righted !
One of the imposts that urgently needs review is stamp duty. When people try and obtain that most basic of needs - a roof over their heads - they find a rapacious treasury with it's hand out for a huge fee for just stamping approval on the record of sale. The average fee demanded on a Sydney property is now $ 25,000.
Way back in 1986 the stamp duty rate was increased from 2.5% to 4.5% on properties valued at over $ 300,000 and to 5.5% on those priced over a million dollars. At that time, the median house price in Sydney was $ 98,325 and the average yearly salary was $ 22,000. It was simply a tax grab aimed at the upper end of the market - but those stamp duty rates have not been adjusted for the bracket creep that has occurred in the housing market. Now a $ 500,000 home is just " average " !
Realists know that the government needs a money flow to pay it's bills, but imposing a crippling tax on those trying to get their first home seems to be putting the cart before the horse. The timing is lousy ! The first home buyer struggles to raise a deposit on an ever rising market and the early years of the average mortgage usually saps an onerous slice of their income stream.
Whoever dreamed up the idea of stamp duty simply applied it to the wrong end of the deal. It would be better placed at the other end of the housing market - when that first home eventually goes on the market for resale. By then the first home buyer has either cleared the mortgage or has significant equity - and the stamp duty impost is a lesser burden.
It is too late to make that adjustment now. Stamp duty has already been paid on the vast majority of housing stock and to make that change would be a case of doubling the tax on existing owners. The only possible relief would be to make a rate adjustment to take account of bracket creep, but that would deprive the government of a much needed money source - and would be anathema to treasury.
Unfortunately, this looks likely to be an ever widening problem. The housing market is giving no indication that pressure on prices will ease and the present very moderate rate of inflation will see that stamp duty climb higher as the years progress.
Those aspiring to buying their first home can only hope that some genius will succeed in inventing a time machine - and then perhaps a lot of wrongs could be righted !
Sunday, 24 November 2013
Busting the " Bikie " mob !
Sometimes the solution to seemingly intractable problems can be found by looking back into the past. In the dizzy days of the 1920's the most celebrated gangster in the United States was Al Capone. This swaggering bandit chief was constantly on the front pages of the nation's newspapers and his crime empire had tentacles into diverse avenues of American society.
What finally brought him down and landed him in prison - was tax evasion !
Bikie crime in Australia is big business. It is estimated that it has an annual turnover of more than ten billion dollars spread across legal and illegal activities. Drugs make a big contribution, but the bikie gangs have learned to diversify and they are now into tattoo parlours and car rebirthing rackets operating on the fringe of society.
The tax office is now going after these untaxed profits and as any honest business person will testify - fighting the tax office is usually a losing situation. " Hot " money presents huge problems and trying to move it through the labyrinth of tax laws is like walking through a mine field. At any stage the law is entitled to demand proof that this money was legally acquired - and then " proceeds of crime " legislation comes into play.
That is the situation that the 1200 members of the Rebels Motorcycle club are about to face. It seems that 117 of them have never filed a tax return, and that can result in some very uncomfortable questions to be answered. Cars - bikes - property - all manner of assets leave a money trail and it is up to the owner to provide proof that they were legally obtained.
Until now, the cops have been trying to bust the bikie gangs in the act of committing crimes. Now the impetus has changed to the tax department going after the profits and making them pay their tax liabilities.
This reversal has changed the line of attack. The bikie gangs have been very good at running their illegal activities out of sight but their lifestyle from the rewards is very public.
Accountants with calculators may be more dangerous than uniformed law enforcement officers with guns when it comes to gaining convictions in court. That was something that Al Capone found to his horror - and resulted in him spending the rest of his life behind bars.
The bikie culture has every reason - to be very afraid !
What finally brought him down and landed him in prison - was tax evasion !
Bikie crime in Australia is big business. It is estimated that it has an annual turnover of more than ten billion dollars spread across legal and illegal activities. Drugs make a big contribution, but the bikie gangs have learned to diversify and they are now into tattoo parlours and car rebirthing rackets operating on the fringe of society.
The tax office is now going after these untaxed profits and as any honest business person will testify - fighting the tax office is usually a losing situation. " Hot " money presents huge problems and trying to move it through the labyrinth of tax laws is like walking through a mine field. At any stage the law is entitled to demand proof that this money was legally acquired - and then " proceeds of crime " legislation comes into play.
That is the situation that the 1200 members of the Rebels Motorcycle club are about to face. It seems that 117 of them have never filed a tax return, and that can result in some very uncomfortable questions to be answered. Cars - bikes - property - all manner of assets leave a money trail and it is up to the owner to provide proof that they were legally obtained.
Until now, the cops have been trying to bust the bikie gangs in the act of committing crimes. Now the impetus has changed to the tax department going after the profits and making them pay their tax liabilities.
This reversal has changed the line of attack. The bikie gangs have been very good at running their illegal activities out of sight but their lifestyle from the rewards is very public.
Accountants with calculators may be more dangerous than uniformed law enforcement officers with guns when it comes to gaining convictions in court. That was something that Al Capone found to his horror - and resulted in him spending the rest of his life behind bars.
The bikie culture has every reason - to be very afraid !
Saturday, 23 November 2013
Qualification checking !
Disgraced surgeon Jayant Patel was handed a two and a half year suspended sentence for fraud in the Queensland court this week and is free to return to the United States. He bluffed his way into being appointed chief of surgery at Bundaberg hospital in 2003 - with disastrous results.
Patel was hopelessly under qualified and his efforts with a scalpel resulted in convictions for three counts of manslaughter and one of grievous bodily harm, for which he served two and half years in prison before being acquitted on appeal over a technicality.
Patel lied on his application for the job in Bundaberg and the selection people did not learn that he had been banned from major surgery in the American state of Oregon in 2000, and struck off the register of physicians in New York in 2001. At least this disaster has shone the spotlight on deficiencies in the Australian qualification checking procedures which relate to overseas registered doctors.
How could a doctor with such glaring deficiencies slip through the net and get work as the chief of surgery in an Australian hospital ? The people tasked with doing proficiency checks have a lot to answer for - and not the least of that is the lives lost by his sheer negligence. The public has every right to know that those responsible have been removed from office - and that new procedures for checking qualifications are now in place to guarantee that such a disgraceful error can not be repeated.
One of the factors that influenced the decision to give Patel the job appears to be letters of reference from fellow doctors in the United States. When the investigation into the Bundaberg deaths called on those who had written these references it was revealed that a very " in club " atmosphere existed within the medical profession.
It was common for those with only a fleeting acquaintance with another doctor to provide a glowing reference because that was the custom within the profession. It seems that this is often the case throughout many other industries and even when someone is dismissed because of incompetence, a glowing letter of reference is provided to help that unfortunate person gain another job.
Patel - now 63 - will shortly leave Australia and the Bundaberg case is now closed. It is unlikely that he will gain another position anywhere in the medical profession, but at least there will be a benefit gained here if this
disaster has resulted in qualification checking being upgraded to a level where mere lies and spurious references fail to distort the system.
Patel was hopelessly under qualified and his efforts with a scalpel resulted in convictions for three counts of manslaughter and one of grievous bodily harm, for which he served two and half years in prison before being acquitted on appeal over a technicality.
Patel lied on his application for the job in Bundaberg and the selection people did not learn that he had been banned from major surgery in the American state of Oregon in 2000, and struck off the register of physicians in New York in 2001. At least this disaster has shone the spotlight on deficiencies in the Australian qualification checking procedures which relate to overseas registered doctors.
How could a doctor with such glaring deficiencies slip through the net and get work as the chief of surgery in an Australian hospital ? The people tasked with doing proficiency checks have a lot to answer for - and not the least of that is the lives lost by his sheer negligence. The public has every right to know that those responsible have been removed from office - and that new procedures for checking qualifications are now in place to guarantee that such a disgraceful error can not be repeated.
One of the factors that influenced the decision to give Patel the job appears to be letters of reference from fellow doctors in the United States. When the investigation into the Bundaberg deaths called on those who had written these references it was revealed that a very " in club " atmosphere existed within the medical profession.
It was common for those with only a fleeting acquaintance with another doctor to provide a glowing reference because that was the custom within the profession. It seems that this is often the case throughout many other industries and even when someone is dismissed because of incompetence, a glowing letter of reference is provided to help that unfortunate person gain another job.
Patel - now 63 - will shortly leave Australia and the Bundaberg case is now closed. It is unlikely that he will gain another position anywhere in the medical profession, but at least there will be a benefit gained here if this
disaster has resulted in qualification checking being upgraded to a level where mere lies and spurious references fail to distort the system.
Friday, 22 November 2013
Salaries !
Red faces at the ABC now that the salaries of it's star performers were leaked to the media. Most people consider the salary they earn to be a very private matter, but from today the public knows exactly what take home pay each of the public faces on their TV screens earn.
It also gives insight into the " pecking order " at the national broadcaster. The salaries quoted range from a low of about $ 187,000 to a high of $ 355,000, and that must be a matter of embarrassment to those on the lower end of the scale.
It also reveals that the " politically correct " ABC is guilty of paying it's male stars more than women, and that people in the entertainment industry fare badly when compared to the really high earners in our banks and great public companies. Despite that, stardom brings a salary far above the average $ 70,000 a year that is the average Australian annual earning.
Welcome to the world where charisma rules - and luck plays a big part - in getting noticed and attracting the ratings that determine your worth to the people who pay your salary. That is certainly a case of many offering - and few chosen. Hordes of behind the camera folk toil in the industry and most yearn for that lucky break which will put them before the cameras - and perhaps lead to a permanent slot as a news reader or a character in a feature programme.
The big players usually have a " manager " to look after their interests and negotiate salaries. What they have to sell is " fame " - and that can range across a wide spectrum. A person who attracts ratings in one form of media is of great interest to a competitor wishing to attract a wider audience - and thus improve profits by attracting more advertisers.
The employer who has a star under contract gets nervous about the time that contract is getting near renewal. " Poaching " is rife in the entertainment industry and a wise star makes sure that his or her availability is a matter of salary offered. In some cases, contract renewal boils down to little more than a bidding war.
Sadly, the public is fickle. Tastes change and we have seen former stars fade back into the cosmos as their talent no longer holds viewer attention. The clever ones " reinvent " themselves and many hold public attention in a variety of roles that correspond to both their age and changing demographics.
The stars of the ABC will just have to live with their salaries being public knowledge. There will be some serious navel gazing amongst competitors in commercial television. This has thrown down a yardstick from which many will be measured - and values recalculated. An interesting mix of clashing egos balancing against monetary rewards !
It also gives insight into the " pecking order " at the national broadcaster. The salaries quoted range from a low of about $ 187,000 to a high of $ 355,000, and that must be a matter of embarrassment to those on the lower end of the scale.
It also reveals that the " politically correct " ABC is guilty of paying it's male stars more than women, and that people in the entertainment industry fare badly when compared to the really high earners in our banks and great public companies. Despite that, stardom brings a salary far above the average $ 70,000 a year that is the average Australian annual earning.
Welcome to the world where charisma rules - and luck plays a big part - in getting noticed and attracting the ratings that determine your worth to the people who pay your salary. That is certainly a case of many offering - and few chosen. Hordes of behind the camera folk toil in the industry and most yearn for that lucky break which will put them before the cameras - and perhaps lead to a permanent slot as a news reader or a character in a feature programme.
The big players usually have a " manager " to look after their interests and negotiate salaries. What they have to sell is " fame " - and that can range across a wide spectrum. A person who attracts ratings in one form of media is of great interest to a competitor wishing to attract a wider audience - and thus improve profits by attracting more advertisers.
The employer who has a star under contract gets nervous about the time that contract is getting near renewal. " Poaching " is rife in the entertainment industry and a wise star makes sure that his or her availability is a matter of salary offered. In some cases, contract renewal boils down to little more than a bidding war.
Sadly, the public is fickle. Tastes change and we have seen former stars fade back into the cosmos as their talent no longer holds viewer attention. The clever ones " reinvent " themselves and many hold public attention in a variety of roles that correspond to both their age and changing demographics.
The stars of the ABC will just have to live with their salaries being public knowledge. There will be some serious navel gazing amongst competitors in commercial television. This has thrown down a yardstick from which many will be measured - and values recalculated. An interesting mix of clashing egos balancing against monetary rewards !
Thursday, 21 November 2013
Who Pays ?
Skimming through the daily newspaper brings a litany of interesting stories. What we don't get to read about is the aftermath that affects someone else - because of the unusual circumstances that relate to that event.
This week we read about a " Love Triangle " that resulted in a grisly murder. A man returned unexpectedly to find his girlfriend in a compromising position with a lover. This resulted in a fight, in which the lover died from knife wounds, leaving a blood trail through the flat that some say looked like an " abattoir. "
A team of three professional cleaners spent sixteen hours cleaning up the gore and this resulted in a bill for $ 1250. Now comes the question - who pays this bill ? The managing agents contend that this is the responsibility of the tenant, but the tenant's bond will not cover this amount and there will probably be rent loss also involved because letting any place associated with murder is usually both difficult and protracted.
In this case, the tenant is still alive, but in cases where the tenant is dead because he or she became the victim of the murder, it opens an interesting can of worms about who eventually settles the cleaning bill.
Another story concerns an Australian Ex-Pat living in Bali. It seems that he was " King hit " outside a nightclub and suffered bleeding of the brain. A local hospital removed part of his skull to ease the pressure, but he desperately needs to be repatriated to an advanced Australian hospital for care that is not available in Indonesia.
Most people visiting Bali for a holiday carry travel insurance, but obviously that is not an option for a person living permanently in a foreign country. The cost of a Medevac air flight to Darwin would come to about $ 45,000 and his friends and family in Australia are desperately trying to raise this by a public appeal. So far, nearly half that amount has been forthcoming from a generous public.
The question that will cross some people's minds - is what would happen if that person had no friends and family to try and get help. Unfortunately, an Indonesian citizen with exactly the same medical problem will probably not survive because the medical facilities provided by his country are not adequately able to match that of an advanced country like Australia.
So it seems that luck plays a big part in what could be called " the lottery of death ". If an Australian in trouble overseas has the good luck to catch the eye of the news media there is a very good chance that the publicity will spur some some of rescue operation. The public will petition the government to provide aid and good hearted citizens will give money.
There must be a huge trove of untold stories lurking behind the headlines that appear in each edition of the daily newspaper - very few of which ever see the light of day !
This week we read about a " Love Triangle " that resulted in a grisly murder. A man returned unexpectedly to find his girlfriend in a compromising position with a lover. This resulted in a fight, in which the lover died from knife wounds, leaving a blood trail through the flat that some say looked like an " abattoir. "
A team of three professional cleaners spent sixteen hours cleaning up the gore and this resulted in a bill for $ 1250. Now comes the question - who pays this bill ? The managing agents contend that this is the responsibility of the tenant, but the tenant's bond will not cover this amount and there will probably be rent loss also involved because letting any place associated with murder is usually both difficult and protracted.
In this case, the tenant is still alive, but in cases where the tenant is dead because he or she became the victim of the murder, it opens an interesting can of worms about who eventually settles the cleaning bill.
Another story concerns an Australian Ex-Pat living in Bali. It seems that he was " King hit " outside a nightclub and suffered bleeding of the brain. A local hospital removed part of his skull to ease the pressure, but he desperately needs to be repatriated to an advanced Australian hospital for care that is not available in Indonesia.
Most people visiting Bali for a holiday carry travel insurance, but obviously that is not an option for a person living permanently in a foreign country. The cost of a Medevac air flight to Darwin would come to about $ 45,000 and his friends and family in Australia are desperately trying to raise this by a public appeal. So far, nearly half that amount has been forthcoming from a generous public.
The question that will cross some people's minds - is what would happen if that person had no friends and family to try and get help. Unfortunately, an Indonesian citizen with exactly the same medical problem will probably not survive because the medical facilities provided by his country are not adequately able to match that of an advanced country like Australia.
So it seems that luck plays a big part in what could be called " the lottery of death ". If an Australian in trouble overseas has the good luck to catch the eye of the news media there is a very good chance that the publicity will spur some some of rescue operation. The public will petition the government to provide aid and good hearted citizens will give money.
There must be a huge trove of untold stories lurking behind the headlines that appear in each edition of the daily newspaper - very few of which ever see the light of day !
Wednesday, 20 November 2013
A level playing field !
Alan Joyce, CEO of Qantas has called on it's employees to lobby the Federal government to stop rival Virgin from injecting a fresh three hundred million dollars of new capital by way of it's foreign capital plans. At present, airlines competing on the Australian domestic airline market are restricted to 49% foreign ownership. The Virgin proposal would raise this to 72%.
Qantas is owned by it's shareholders and is a listed public company on the Australian stock exchange. Virgin is part owned by Air New Zealand, Middle Eastern airline Etihad and Asian carrier - Singapore Airlines. Qantas domestic traffic carries 48.3 million passengers annually, compared to the Virgin share of 19.3 million.
Where Qantas sees this new capital injection harming it's position is a coming tussle between Australia's 93 year old national carrier and foreign airlines in which the country of origin is either the partial or total owner - and therefore profitability is not the main criteria. Some of these airlines are a source of national pride and state treasuries are quite happy if they run at a loss.
There seems a similarity between past controversy on the tactics used by Coles and Woolworths in dispatching competitors. Small independent butchers, greengrocers and similar shops were subjected to a campaign of the duopoly selling below cost to force them out of business. Once they closed their doors, prices returned to normal levels. The duopoly ceased this practice under threat of disciplinary legislation.
If foreign owned airlines are allowed to gain control of Virgin, Qantas fears that similar tactics would be used to lower the Qantas seat share and drive them out of the airline business. An " for profit " airline would be vulnerable to an attack by a competitor who was funded from rich state treasuries - and prepared to use price as a weapon.
Australian domestic airline seat prices are inducing more people to fly and the tourist trade is gaining great benefit from this bonanza. Few would want to return to the bad old days of several decades ago. At that time, Qantas was restricted to overseas flights and did not carry domestic passengers. Domestic routes were serviced by two competitors - Ansett, which was a " for profit " company, and TAA - a wholly owned government entity.
These two carriers scheduled their services in tandem - and at times that suited the airlines rather than the passengers. Their planes followed each other down the taxiway before takeoff - and they arrived at their destination like co-joined twins. That same tandem also related to seat prices - and they were uniformly high by today's standards. These shackles have been cut loose by deregulation - and competition.
The government regulator will need to move carefully in adjudicating this ownership proposal. We certainly need healthy competition to keep our domestic fares competitive, but it would be easy to replace short term gain - with long term pain ! It is essential that those providing air services in Australia do so on a level playing field.
Qantas is one of this country's biggest employers of labour and the government will need to be sensitive to the job risks that are involved. The domestic air industry is heavily licensed which gives the government a much higher degree of control than in most other industry sectors.
Whatever decisions apply, they will need to be carefully and thoroughly thought through if we are not to see imbalances in this vital industry.
Qantas is owned by it's shareholders and is a listed public company on the Australian stock exchange. Virgin is part owned by Air New Zealand, Middle Eastern airline Etihad and Asian carrier - Singapore Airlines. Qantas domestic traffic carries 48.3 million passengers annually, compared to the Virgin share of 19.3 million.
Where Qantas sees this new capital injection harming it's position is a coming tussle between Australia's 93 year old national carrier and foreign airlines in which the country of origin is either the partial or total owner - and therefore profitability is not the main criteria. Some of these airlines are a source of national pride and state treasuries are quite happy if they run at a loss.
There seems a similarity between past controversy on the tactics used by Coles and Woolworths in dispatching competitors. Small independent butchers, greengrocers and similar shops were subjected to a campaign of the duopoly selling below cost to force them out of business. Once they closed their doors, prices returned to normal levels. The duopoly ceased this practice under threat of disciplinary legislation.
If foreign owned airlines are allowed to gain control of Virgin, Qantas fears that similar tactics would be used to lower the Qantas seat share and drive them out of the airline business. An " for profit " airline would be vulnerable to an attack by a competitor who was funded from rich state treasuries - and prepared to use price as a weapon.
Australian domestic airline seat prices are inducing more people to fly and the tourist trade is gaining great benefit from this bonanza. Few would want to return to the bad old days of several decades ago. At that time, Qantas was restricted to overseas flights and did not carry domestic passengers. Domestic routes were serviced by two competitors - Ansett, which was a " for profit " company, and TAA - a wholly owned government entity.
These two carriers scheduled their services in tandem - and at times that suited the airlines rather than the passengers. Their planes followed each other down the taxiway before takeoff - and they arrived at their destination like co-joined twins. That same tandem also related to seat prices - and they were uniformly high by today's standards. These shackles have been cut loose by deregulation - and competition.
The government regulator will need to move carefully in adjudicating this ownership proposal. We certainly need healthy competition to keep our domestic fares competitive, but it would be easy to replace short term gain - with long term pain ! It is essential that those providing air services in Australia do so on a level playing field.
Qantas is one of this country's biggest employers of labour and the government will need to be sensitive to the job risks that are involved. The domestic air industry is heavily licensed which gives the government a much higher degree of control than in most other industry sectors.
Whatever decisions apply, they will need to be carefully and thoroughly thought through if we are not to see imbalances in this vital industry.
Tuesday, 19 November 2013
Schoolies !
The people who live permanently on the Gold Coast must have mixed feelings that their strip of coastline has become the venue for " Schoolies ". First comes an absolute invasion of " end of termers " from New South Wales and the southern states, celebrating the end of the HSC and their termination of the high school year. Then when they go home, the mob from Queensland arrives.
This event is a celebration by those in a " difficult " age group. Many are just under the law in New South Wales to legally drink alcohol, and yet booze and drugs will feature heavily in the celebrations that follow - and many now think that having sex is an essential part of the Schoolies experience.
Sadly, there will be regrets for some young people. Many venues have closed off or locked the access doors to high rise verandas to stop fatal falls by drunken young revellers and the local police will have a torrid time keeping the crowds in the streets under control. There will be arrests - and each year Schoolies is marred by older men flocking to the event to take advantage of those whose wits have been dulled by alcohol.
Lurid tales of excesses are driving a wedge between school leavers and their parents. Many school leavers see the event as a " right " - and bitterly resent parental refusal. Other parents accept it as inevitable - and some knowingly pay and load the bags of their children with alcohol to fuel the party.
Inevitably, Gold Coast accommodation is booked out for Schoolies well in advance and most venues demand a healthy bond to guard against damage. The kids are packed solidly into rooms to keep the cost down and the business community has a bonanza that equals the profits from both Christmas and Easter.
The Gold Coast civic authorities walk a fine line between cracking down on dangerous behaviour and " Looking the other way " and ignoring most of the excess. Schoolies is governed by the " herd instinct " - and that can change with bewildering speed. Tastes in music or dress fashion can change in the blink of an eye and while the Gold Coast is the flavour of the month in recent years - that is not guaranteed indefinitely !
Many ordinary residents would probably welcome such a change, but Schoolies has become an integral part of the Gold Coast economy and most of the business community is geared to serving that need. As a result, the " Blind eye " approach will continue.
This event is a celebration by those in a " difficult " age group. Many are just under the law in New South Wales to legally drink alcohol, and yet booze and drugs will feature heavily in the celebrations that follow - and many now think that having sex is an essential part of the Schoolies experience.
Sadly, there will be regrets for some young people. Many venues have closed off or locked the access doors to high rise verandas to stop fatal falls by drunken young revellers and the local police will have a torrid time keeping the crowds in the streets under control. There will be arrests - and each year Schoolies is marred by older men flocking to the event to take advantage of those whose wits have been dulled by alcohol.
Lurid tales of excesses are driving a wedge between school leavers and their parents. Many school leavers see the event as a " right " - and bitterly resent parental refusal. Other parents accept it as inevitable - and some knowingly pay and load the bags of their children with alcohol to fuel the party.
Inevitably, Gold Coast accommodation is booked out for Schoolies well in advance and most venues demand a healthy bond to guard against damage. The kids are packed solidly into rooms to keep the cost down and the business community has a bonanza that equals the profits from both Christmas and Easter.
The Gold Coast civic authorities walk a fine line between cracking down on dangerous behaviour and " Looking the other way " and ignoring most of the excess. Schoolies is governed by the " herd instinct " - and that can change with bewildering speed. Tastes in music or dress fashion can change in the blink of an eye and while the Gold Coast is the flavour of the month in recent years - that is not guaranteed indefinitely !
Many ordinary residents would probably welcome such a change, but Schoolies has become an integral part of the Gold Coast economy and most of the business community is geared to serving that need. As a result, the " Blind eye " approach will continue.
Monday, 18 November 2013
The Tunnel dilemma !
Huge traffic disruptions and a million dollar repair bill this week when a truck brought down the roof of the M5 tunnel in Sydney. In that case is was not a matter of a too high load. The truck was a tipper and the driver accidentally activated the tipping mechanism.
The vast majority of tunnel accidents in Sydney's eleven road tunnels is load excess beyond the average 4.4 metre tunnel height. The law requires the maximum height of truckloads not to excess 4.3 metres, and in special circumstances a permit may be issued for loads above that requiring a special escort and a route plan that avoids tunnels.
Draconian measures are being taken by way of fines and registration cancellations for offenders, but we might be better to implement measures to stop overloaded trucks getting into tunnels in the first place. When a truck is overloaded, the cause is usually the fork lift driver not adhering to safety regulations. Automatic loss of a fork lift driving license for the person who loaded an offending truck would place responsibility squarely on the shoulders of the one person who controls that function.
All warehouses at which trucks are loaded should have a height bar which they must pass when they exit - and any truck that hits that height bar should not be able to proceed further without putting both the licenses of the truck driver and the fork life loader at risk of cancellation. Both licenses are a valuable tool of trade - and a threat to end their method of earning a living should make many in the transport industry safety conscious.
We already have a height warning bar before tunnel entrances, but these need to be linked to traffic lights at the tunnel entrance. Any truck hitting that height bar should automatically trip the light to red - and stop the flow into the tunnel. It is a lot easier to adjust the load before the tunnel than trying to extricate a damaged truck and repair the tunnel once damage has occurred.
The preventive focus has been on drivers who do not understand the English language. The more effective filter would be to try and stop overloaded trucks entering the Sydney road system. irrespective of who was driving them. All the arterial roads that connect Sydney to the rest of the state need an electronic height bar to activate both a camera and an alarm. An incoming truck that is over the load height would then be alerted to the Highway Patrol - and stopped before it could do further damage.
At present, the incidence of overloaded trucks seems to be a mixture of ignorance and cowboy operators who think they can get away with a law breach to make a bit of extra money. The best way to shut down overloading is to install a system that automatically signals a breach - and brings retribution before damage is done.
The vast majority of tunnel accidents in Sydney's eleven road tunnels is load excess beyond the average 4.4 metre tunnel height. The law requires the maximum height of truckloads not to excess 4.3 metres, and in special circumstances a permit may be issued for loads above that requiring a special escort and a route plan that avoids tunnels.
Draconian measures are being taken by way of fines and registration cancellations for offenders, but we might be better to implement measures to stop overloaded trucks getting into tunnels in the first place. When a truck is overloaded, the cause is usually the fork lift driver not adhering to safety regulations. Automatic loss of a fork lift driving license for the person who loaded an offending truck would place responsibility squarely on the shoulders of the one person who controls that function.
All warehouses at which trucks are loaded should have a height bar which they must pass when they exit - and any truck that hits that height bar should not be able to proceed further without putting both the licenses of the truck driver and the fork life loader at risk of cancellation. Both licenses are a valuable tool of trade - and a threat to end their method of earning a living should make many in the transport industry safety conscious.
We already have a height warning bar before tunnel entrances, but these need to be linked to traffic lights at the tunnel entrance. Any truck hitting that height bar should automatically trip the light to red - and stop the flow into the tunnel. It is a lot easier to adjust the load before the tunnel than trying to extricate a damaged truck and repair the tunnel once damage has occurred.
The preventive focus has been on drivers who do not understand the English language. The more effective filter would be to try and stop overloaded trucks entering the Sydney road system. irrespective of who was driving them. All the arterial roads that connect Sydney to the rest of the state need an electronic height bar to activate both a camera and an alarm. An incoming truck that is over the load height would then be alerted to the Highway Patrol - and stopped before it could do further damage.
At present, the incidence of overloaded trucks seems to be a mixture of ignorance and cowboy operators who think they can get away with a law breach to make a bit of extra money. The best way to shut down overloading is to install a system that automatically signals a breach - and brings retribution before damage is done.
Sunday, 17 November 2013
The Fox hunt !
Many people would think that having a degree conferred by England's Oxford university on their CV would be a mark of excellence. Oxford is supposed to be one of the great universities of the world but it seems that the leisure time activities of it's students is raising intellectual eyebrows !
Oxford has a " Drinking Society " and one of it's many colleges has organized a " Fox Hunt ". St Hugh's College - which was founded in 1886 - and has a star studded alumni which includes Burmese opposition leader Aung San Suu Kyi - is the sponsor for this event. Were it to be held here in Australia, it would probably be labelled a " pub crawl ".
The idea is for the men to dress in the traditional red hunting jackets and the girls to wear very short skirts and sport " Fox ears ". The " hunt " takes place through the streets of Oxford and the " Foxes " are required to visit each of ten nominated pubs - and they must consume a nominated drink in every such establishment.
The purpose of the hunt is for the Foxes to avoid the hunters and use their wiles to safely reach each pub and consume the nominated drink while avoiding being caught and " mauled " by the hunters.
So far it has created a bad press and raised the ire of those with a " traditionalist " turn of mind. It is likely that this event will be " frowned upon " by the university elders, but it seems to be enthusiastically accepted by most of the student body. There seems no shortage of entrants of either gender.
It is said that imitation is the greatest accolade of a worthy new idea and it remains to be seen if this event will become a feature of student life at Universities here in Australia.
Our farmers got saddled with foxes causing stock depredation when some early settler imported foxes from the old country with the aim of establishing fox hunting in the Antipodes. It never caught on - and consequently we have been spared the sight of horses and hounds following this very English pastime here.
The "human " aspect of this hunt is entirely different. No doubt the report of this activity from Oxford will be given due consideration by Australian students !
Oxford has a " Drinking Society " and one of it's many colleges has organized a " Fox Hunt ". St Hugh's College - which was founded in 1886 - and has a star studded alumni which includes Burmese opposition leader Aung San Suu Kyi - is the sponsor for this event. Were it to be held here in Australia, it would probably be labelled a " pub crawl ".
The idea is for the men to dress in the traditional red hunting jackets and the girls to wear very short skirts and sport " Fox ears ". The " hunt " takes place through the streets of Oxford and the " Foxes " are required to visit each of ten nominated pubs - and they must consume a nominated drink in every such establishment.
The purpose of the hunt is for the Foxes to avoid the hunters and use their wiles to safely reach each pub and consume the nominated drink while avoiding being caught and " mauled " by the hunters.
So far it has created a bad press and raised the ire of those with a " traditionalist " turn of mind. It is likely that this event will be " frowned upon " by the university elders, but it seems to be enthusiastically accepted by most of the student body. There seems no shortage of entrants of either gender.
It is said that imitation is the greatest accolade of a worthy new idea and it remains to be seen if this event will become a feature of student life at Universities here in Australia.
Our farmers got saddled with foxes causing stock depredation when some early settler imported foxes from the old country with the aim of establishing fox hunting in the Antipodes. It never caught on - and consequently we have been spared the sight of horses and hounds following this very English pastime here.
The "human " aspect of this hunt is entirely different. No doubt the report of this activity from Oxford will be given due consideration by Australian students !
Saturday, 16 November 2013
The Rudd era ends !
Kevin Rudd maintained his reputation as the man who " did the unexpected " with his resignation speech in Federal parliament. New Labor leader, Bill Shorten had just ten minutes notice of his intention - and the absence of this polarizing figure removes the uncertainty that has gripped the Federal chamber.
Love him or hate him, Kevin Rudd was a pivotal politician. He burst on the scene in 1998 at the member for the Queensland seat of Griffith and his demeanour impressed Australia. His youngish face and shock of blonde hair, paired with irrespressible humour struck a chord with many on both sides of the political divide - and few will forget the morning jovial stoush with Joe Hockey on the Seven network breakfast show - " Sunrise ".
Rudd seemed to breathe fresh air into politics, and in the 2007 election he swept away long time Liberal leader John Howard - and became the prime minister of this nation. Unfortunately, it quickly emerged that he was not a team player. He surrounded himself with a small team of acolytes and assumed a presidential style of governing, and those holding ministerial office found themselves reading about the directions their ministry was taking by reading the morning newspapers.
The next year brought the greatest world financial crisis in decades and Rudd responded in controversial style. Australia rode out the whirlwind better than many other nations, but lack of follow through and attention to detail saw several stimulus plans go awry. The " Education revolution " was plagued by waste and unsatisfactory buildings, and the plan to put roof insulation into thousands of Australian homes was an abject failure that resulted in several deaths and a huge spate of house fires.
Rudd's relationship with his parliamentary colleagues worsened, and in a " palace mutiny " he was replaced as prime minister by Julia Gillard. At a subsequent election, Labor was forced into a coalition with the Greens and this resulted in unpopular policies that saw Labor's chances of reelection wither - until in desperation the party again reinstated Rudd as it's last hope of a reversal of fortunes.
The damage was done and the rejection too complete, and Rudd lost that election, which saw Tony Abbott installed as the new prime minister. Rudd continued to unsettle Labor by remaining in the new parliament as a backbencher - either refusing or not being offered a shadow ministerial position. There was ever a feeling that he was "waiting in the wings " to reclaim the leadership.
Finally - of his own volition - Rudd " pulled the plug ". The nation will watch with awe to see what he does with his new vocation as " private citizen " - and he will be well rewarded with a handsome parliamentary pension.
An era has ended - and somehow the Australian parliament will be a lesser spectacle without Kevin Rudd to add the uncertainty and sparkle that surrounded his presence !
Love him or hate him, Kevin Rudd was a pivotal politician. He burst on the scene in 1998 at the member for the Queensland seat of Griffith and his demeanour impressed Australia. His youngish face and shock of blonde hair, paired with irrespressible humour struck a chord with many on both sides of the political divide - and few will forget the morning jovial stoush with Joe Hockey on the Seven network breakfast show - " Sunrise ".
Rudd seemed to breathe fresh air into politics, and in the 2007 election he swept away long time Liberal leader John Howard - and became the prime minister of this nation. Unfortunately, it quickly emerged that he was not a team player. He surrounded himself with a small team of acolytes and assumed a presidential style of governing, and those holding ministerial office found themselves reading about the directions their ministry was taking by reading the morning newspapers.
The next year brought the greatest world financial crisis in decades and Rudd responded in controversial style. Australia rode out the whirlwind better than many other nations, but lack of follow through and attention to detail saw several stimulus plans go awry. The " Education revolution " was plagued by waste and unsatisfactory buildings, and the plan to put roof insulation into thousands of Australian homes was an abject failure that resulted in several deaths and a huge spate of house fires.
Rudd's relationship with his parliamentary colleagues worsened, and in a " palace mutiny " he was replaced as prime minister by Julia Gillard. At a subsequent election, Labor was forced into a coalition with the Greens and this resulted in unpopular policies that saw Labor's chances of reelection wither - until in desperation the party again reinstated Rudd as it's last hope of a reversal of fortunes.
The damage was done and the rejection too complete, and Rudd lost that election, which saw Tony Abbott installed as the new prime minister. Rudd continued to unsettle Labor by remaining in the new parliament as a backbencher - either refusing or not being offered a shadow ministerial position. There was ever a feeling that he was "waiting in the wings " to reclaim the leadership.
Finally - of his own volition - Rudd " pulled the plug ". The nation will watch with awe to see what he does with his new vocation as " private citizen " - and he will be well rewarded with a handsome parliamentary pension.
An era has ended - and somehow the Australian parliament will be a lesser spectacle without Kevin Rudd to add the uncertainty and sparkle that surrounded his presence !
Friday, 15 November 2013
Strata law overhaul.
The price and scarcity of land in big cities has resulted in a huge increase in strata living. Properties governed by strata law in New South Wales are conservatively valued at $350 billion - and a law overhaul is about to bring them into the twenty-first century.
Opposition to smoking is finally being addressed. Many non-smokers complain about neighbours smoking on verandahs and allowing their nicotine laden smoke to drift into the apartment next door. The new strata laws will bring this under the control of the body corporate - and impose a fine of $ 1100 for breaches.
Keeping pets has been a source of argument in the past. The new laws take a much broader view of the rights of residents to keep a pet in their apartment and lay down the criteria that must be followed as far as noise and hygiene is involved.
The biggest change will concern the powers of the body corporate where a building is reaching the end of it's commercial life and there is a need for redevelopment. As things currently stand, if a single owner stands firm in rejecting such a plan - it can not proceed. This new law will require agreement by a quorum of seventy-five percent of owners to achieve legal consent.
Redevelopment decisions have been a real headache in the past. So many strata buildings are aged and many have " concrete cancer " which makes repair costs prohibitive. Often, these shabby old buildings are in locations of great demand and the logistics of demolition and rebuilding are simply overwhelming. In many cases, the site is capable of a new building of considerably greater height and capacity - returning a financial bonanza for the present owners.
One of the reasons some owners resist redevelopment is their wish to continue to live at that address. The new law makes it far easier for a " buy back " clause to be part of their consent, in which they are guaranteed an apartment in the new building in exchange for their redevelopment consent.
It is obvious that strata living will increase in the future and it is important that the law runs parallel with this increase. The greater housing capacity of modern new buildings makes use of existing urban facilities and is far cheaper than establishing new " greensite " housing developments in the far outer suburbs.
A law review that clearly details both the rights and the responsibilities of strata living will be of value to all strata residents.
Opposition to smoking is finally being addressed. Many non-smokers complain about neighbours smoking on verandahs and allowing their nicotine laden smoke to drift into the apartment next door. The new strata laws will bring this under the control of the body corporate - and impose a fine of $ 1100 for breaches.
Keeping pets has been a source of argument in the past. The new laws take a much broader view of the rights of residents to keep a pet in their apartment and lay down the criteria that must be followed as far as noise and hygiene is involved.
The biggest change will concern the powers of the body corporate where a building is reaching the end of it's commercial life and there is a need for redevelopment. As things currently stand, if a single owner stands firm in rejecting such a plan - it can not proceed. This new law will require agreement by a quorum of seventy-five percent of owners to achieve legal consent.
Redevelopment decisions have been a real headache in the past. So many strata buildings are aged and many have " concrete cancer " which makes repair costs prohibitive. Often, these shabby old buildings are in locations of great demand and the logistics of demolition and rebuilding are simply overwhelming. In many cases, the site is capable of a new building of considerably greater height and capacity - returning a financial bonanza for the present owners.
One of the reasons some owners resist redevelopment is their wish to continue to live at that address. The new law makes it far easier for a " buy back " clause to be part of their consent, in which they are guaranteed an apartment in the new building in exchange for their redevelopment consent.
It is obvious that strata living will increase in the future and it is important that the law runs parallel with this increase. The greater housing capacity of modern new buildings makes use of existing urban facilities and is far cheaper than establishing new " greensite " housing developments in the far outer suburbs.
A law review that clearly details both the rights and the responsibilities of strata living will be of value to all strata residents.
Thursday, 14 November 2013
Sanity - and fire safety !
This weeks rain has finally snuffed out the bushfires that have ravaged the Blue Mountains and destroyed over two hundreds homes, with many more damaged. Once again there will be memories of the Rural Fire Service appearing on television, imploring people to clear away inflammable material near their homes - and the threat of draconian fines from local councils for people who complied.
There are laws in place that require council permission for any sort of vegetation cleanup, and that includes the removal of dead Lantana after council's own spraying programmes. Tree preservation orders make it near impossible to remove dangerous trees and the bureaucracy has it all tied up in red tape.
At the height of the fires, people taking the law into their own hands and clearing away shrubbery near their homes were receiving letters from council threatening million dollar fines and demanding that they cease this effort.
Sanity is now prevailing and new laws are being drafted to apply to high risk areas of the Blue Mountains, Wyong and Port Stephens, all of which have a long history of bushfire danger. The right to clear away fire risks will be returned to home owners, and the Rural Fire Service will gain the decision power of where and when to implement their risk reduction programmes.
It will be within the owners right to remove trees within ten metres of their homes, and to clear shrubs within a fifty metre radius. In addition, the Rural Fire Service will have the power to order this work to be done if it is necessary to assist their fire control plans.
There will be howls of rage from the Greenie elements who place human life and home safety a long way behind nature preservation, but this legislation is long overdue. Ever tightening laws have tied the hands of homeowners - and the need to get permission from a host of government agencies has resulted in most hazard reduction burns being reduced.
We live in a fire prone country and besides the destruction of property, fires have been the cause of heavy loss of life. It is time that our laws assist homeowners in making their property safe, rather than ensuring that the fire fighting services that swing into action are hampered by flammable material kept in place by the legal system.
This law change needs to be implemented immediately. We have a long fire season ahead of us - and swift action can reduce the risk !
There are laws in place that require council permission for any sort of vegetation cleanup, and that includes the removal of dead Lantana after council's own spraying programmes. Tree preservation orders make it near impossible to remove dangerous trees and the bureaucracy has it all tied up in red tape.
At the height of the fires, people taking the law into their own hands and clearing away shrubbery near their homes were receiving letters from council threatening million dollar fines and demanding that they cease this effort.
Sanity is now prevailing and new laws are being drafted to apply to high risk areas of the Blue Mountains, Wyong and Port Stephens, all of which have a long history of bushfire danger. The right to clear away fire risks will be returned to home owners, and the Rural Fire Service will gain the decision power of where and when to implement their risk reduction programmes.
It will be within the owners right to remove trees within ten metres of their homes, and to clear shrubs within a fifty metre radius. In addition, the Rural Fire Service will have the power to order this work to be done if it is necessary to assist their fire control plans.
There will be howls of rage from the Greenie elements who place human life and home safety a long way behind nature preservation, but this legislation is long overdue. Ever tightening laws have tied the hands of homeowners - and the need to get permission from a host of government agencies has resulted in most hazard reduction burns being reduced.
We live in a fire prone country and besides the destruction of property, fires have been the cause of heavy loss of life. It is time that our laws assist homeowners in making their property safe, rather than ensuring that the fire fighting services that swing into action are hampered by flammable material kept in place by the legal system.
This law change needs to be implemented immediately. We have a long fire season ahead of us - and swift action can reduce the risk !
Wednesday, 13 November 2013
Mandatory sentencing !
There is no doubt that the vast majority of people think that the prison sentence handed down to Kieran Loveridge was far too light for the offence committed. Before heading off for a night at Sydney's Kings Cross, Loveridge told others that he intended to " Bash someone tonight ".
He " King hit " four complete strangers, and one of them - Thomas Kelly - fractured his skull when he fell to the pavement and subsequently died. This high profile case resulted in Loveridge pleading guilty to manslaughter - and effectively being sentenced to just four years in prison before he will be eligible for parole.
Public anger is causing the New South Wales parliament to consider introducing mandatory sentencing for " assault that results in death ". It is suggested that a ten year prison term will be the likely penalty.
Every aspect of mandatory sentencing is fraught with danger. It flies in the face of the principle that each case will be considered on it's merits and that an experienced judge will bring wisdom to the outcome. Just as the public will disagree on the lack of time to be served in some cases, in others there will be sympathy for the person convicted and concern that the penalty imposed is too harsh.
A century ago, causing the death of another could easily result in the offender facing a death sentence. Today, capital punishment has ceased and the impetus of sentencing is on rehabilitation. The " punishment " aspect relies on a shorter term in prison, followed by a longer period under the supervision of a parole officer. Unfortunately, in practice this has many faults.
It is a fact of life that those who serve a long prison sentence become " institutionalised ". The prisoner loses the ability to make even minor personal decisions and when released - find it impossible to adapt back into normal society. As a result, these people usually reoffend and become habitual criminals.
There is no evidence that mandatory sentencing will reduce the spate of deaths resulting from street fights. In the vast majority of cases, where an assault occurs - alcohol in excess is part of the problem. The venue is usually in close proximity to a club or a pub, and the timing is concentrated in the wee small hours of the morning.
It is doubtful if the prospect of a prison sentence is passing through the mind of those looking for a fight in those circumstances. The punch that is thrown is more a matter of moronic irrationality than any form of wisdom. Facing reality comes later - when the damage is done - and that involved person is again sober and called upon to account for the action.
If mandatory sentencing is adopted it will be a knee jerk reaction to reduce public outrage. It will add despair to the state of mind of those who genuinely regret what they have done, and it will not curb the future aggression of those who have a mental disorder that makes them offend.
Worse - it will remove the opportunity for an experienced judge to consider all the aspects of what has happened in his court and make a judgement call based on those facts - and his gut feeling. The judiciary will not get every decision they make right - but neither will mandatory sentencing reduce the tragedies that happen to some families for no fault of their own !
He " King hit " four complete strangers, and one of them - Thomas Kelly - fractured his skull when he fell to the pavement and subsequently died. This high profile case resulted in Loveridge pleading guilty to manslaughter - and effectively being sentenced to just four years in prison before he will be eligible for parole.
Public anger is causing the New South Wales parliament to consider introducing mandatory sentencing for " assault that results in death ". It is suggested that a ten year prison term will be the likely penalty.
Every aspect of mandatory sentencing is fraught with danger. It flies in the face of the principle that each case will be considered on it's merits and that an experienced judge will bring wisdom to the outcome. Just as the public will disagree on the lack of time to be served in some cases, in others there will be sympathy for the person convicted and concern that the penalty imposed is too harsh.
A century ago, causing the death of another could easily result in the offender facing a death sentence. Today, capital punishment has ceased and the impetus of sentencing is on rehabilitation. The " punishment " aspect relies on a shorter term in prison, followed by a longer period under the supervision of a parole officer. Unfortunately, in practice this has many faults.
It is a fact of life that those who serve a long prison sentence become " institutionalised ". The prisoner loses the ability to make even minor personal decisions and when released - find it impossible to adapt back into normal society. As a result, these people usually reoffend and become habitual criminals.
There is no evidence that mandatory sentencing will reduce the spate of deaths resulting from street fights. In the vast majority of cases, where an assault occurs - alcohol in excess is part of the problem. The venue is usually in close proximity to a club or a pub, and the timing is concentrated in the wee small hours of the morning.
It is doubtful if the prospect of a prison sentence is passing through the mind of those looking for a fight in those circumstances. The punch that is thrown is more a matter of moronic irrationality than any form of wisdom. Facing reality comes later - when the damage is done - and that involved person is again sober and called upon to account for the action.
If mandatory sentencing is adopted it will be a knee jerk reaction to reduce public outrage. It will add despair to the state of mind of those who genuinely regret what they have done, and it will not curb the future aggression of those who have a mental disorder that makes them offend.
Worse - it will remove the opportunity for an experienced judge to consider all the aspects of what has happened in his court and make a judgement call based on those facts - and his gut feeling. The judiciary will not get every decision they make right - but neither will mandatory sentencing reduce the tragedies that happen to some families for no fault of their own !
Tuesday, 12 November 2013
Fashion - and practicability !
It must have been a daunting task for whoever was responsible for signing off on the new uniforms for Qantas flight attendants. Next month the Qantas air fleet comes to work in a uniform that is supposed to reflect fashion and good taste - but it also must meet the rigours of long hours in the air serving the needs of the passengers on Qantas aircraft.
Twelve thousand women will wear that uniform - and they will range in age from those in their twenties to veterans in their sixties, and of course - they will come in a huge range of body sizes. As any "Fashionista" will tell you, the cut of clothes that will suit one woman may look absolutely ghastly on another.
The designers had a headache trying to merge practicability with style - and achieve an objective that gets people into diabolical trouble if expressed as the desired result - achieving " sex appeal ".
No doubt these new uniforms have had many modifications during the development stage. It is known that seventy-five women, specifically chosen to include both the age and body types that will be involved have quietly tested these new uniforms on selected flights in the past few months.
Now the new uniform has featured in a media release, and the model chosen to present it to the public is Miranda Kerr. Many people wish they had the attributes that make Miranda Kerr a leader in the fashion industry, but some will be critical that she does not represent " ordinary " women.
There has been a mixed reaction from those who will don these new clothes next month. Some comment that the style is very close fitting, and that this could be a hindrance to their very " physical " work in the confined space of an aircraft. The passengers ride to the other side of the world in comfortable seats, but the flight attendants ruefully claim that they travel that distance on their feet.
A look back at the Qantas image from the past show uniforms that ranged from an almost military cut to high fashion. There are also male flight attendants, but the uniforms they wear don't seem to draw the same media attention.
Twelve thousand women will wear that uniform - and they will range in age from those in their twenties to veterans in their sixties, and of course - they will come in a huge range of body sizes. As any "Fashionista" will tell you, the cut of clothes that will suit one woman may look absolutely ghastly on another.
The designers had a headache trying to merge practicability with style - and achieve an objective that gets people into diabolical trouble if expressed as the desired result - achieving " sex appeal ".
No doubt these new uniforms have had many modifications during the development stage. It is known that seventy-five women, specifically chosen to include both the age and body types that will be involved have quietly tested these new uniforms on selected flights in the past few months.
Now the new uniform has featured in a media release, and the model chosen to present it to the public is Miranda Kerr. Many people wish they had the attributes that make Miranda Kerr a leader in the fashion industry, but some will be critical that she does not represent " ordinary " women.
There has been a mixed reaction from those who will don these new clothes next month. Some comment that the style is very close fitting, and that this could be a hindrance to their very " physical " work in the confined space of an aircraft. The passengers ride to the other side of the world in comfortable seats, but the flight attendants ruefully claim that they travel that distance on their feet.
A look back at the Qantas image from the past show uniforms that ranged from an almost military cut to high fashion. There are also male flight attendants, but the uniforms they wear don't seem to draw the same media attention.
Monday, 11 November 2013
Realpolitiks !
Ruffled feathers between Jakarta and Canberra this week. An Australian naval vessel went to the aid of an asylum vessel just eighty kilometres off the coast of Java - well inside the Indonesian rescue zone - and Indonesia refused to accept the sixty-three asylum seekers back onto Indonesian soil.
That was the sort of incident that could easily blowup into a nasty slanging match. Instead, Australia turned the other cheek. Our navy was instructed to deliver those rescued to Christmas island, and both the Immigration minister and the chief of border security " declined to comment on operational matters ".
The opposition and some sections of the media will try to foment gain by trying to claim this as an " Australian backdown ". In reality, it is an example of discipline within government ranks to prevent idle comment making a dispute worse.
Unfortunately, the matters released by whistle blower Edward Snowden giving details of the American National Security Agency's information gathering has tarred America's allies with this same " spying claim " brush. It is claimed that our embassies are part of a " Anglophobe " consortium tasked with extracting sensitive secrets from the countries that surround us.
The Indonesian press has run with this story - and as a consequence many Indonesian people are angry with Australia and are looking to their government for action. It would be politically insensitive for the Indonesian government to do nothing - hence the withdrawal of cooperation on asylum seekers is a very public way of showing their displeasure.
Australia accepted this rebuke with humility. This spying disclosure is unfortunate, and a security breakdown in another country has brought accusations that we neither accept or deny. What is important is to create distance to allow the matter to subside - and that has been achieved with dignity.
The worst possible scenario would have been for Australia to insist on Indonesia's responsibility to provide help to those in it's rescue zone and threaten to withdraw Australian support by our naval ships unless those rescued were repatriated to Java. That would have upped the ante - and ensured that good relations were soured for a long period of time.
The Indonesian government is realist. All nations gather information in what could be called " spying " and that is a fact of life. Little has changed in the real relationship between the two countries but it has been necessary for Indonesia to satisfy public opinion with some sort of public reaction - and that has now been achieved.
Both governments are able to quietly resume normality !
That was the sort of incident that could easily blowup into a nasty slanging match. Instead, Australia turned the other cheek. Our navy was instructed to deliver those rescued to Christmas island, and both the Immigration minister and the chief of border security " declined to comment on operational matters ".
The opposition and some sections of the media will try to foment gain by trying to claim this as an " Australian backdown ". In reality, it is an example of discipline within government ranks to prevent idle comment making a dispute worse.
Unfortunately, the matters released by whistle blower Edward Snowden giving details of the American National Security Agency's information gathering has tarred America's allies with this same " spying claim " brush. It is claimed that our embassies are part of a " Anglophobe " consortium tasked with extracting sensitive secrets from the countries that surround us.
The Indonesian press has run with this story - and as a consequence many Indonesian people are angry with Australia and are looking to their government for action. It would be politically insensitive for the Indonesian government to do nothing - hence the withdrawal of cooperation on asylum seekers is a very public way of showing their displeasure.
Australia accepted this rebuke with humility. This spying disclosure is unfortunate, and a security breakdown in another country has brought accusations that we neither accept or deny. What is important is to create distance to allow the matter to subside - and that has been achieved with dignity.
The worst possible scenario would have been for Australia to insist on Indonesia's responsibility to provide help to those in it's rescue zone and threaten to withdraw Australian support by our naval ships unless those rescued were repatriated to Java. That would have upped the ante - and ensured that good relations were soured for a long period of time.
The Indonesian government is realist. All nations gather information in what could be called " spying " and that is a fact of life. Little has changed in the real relationship between the two countries but it has been necessary for Indonesia to satisfy public opinion with some sort of public reaction - and that has now been achieved.
Both governments are able to quietly resume normality !
Sunday, 10 November 2013
Justice - and Media news needs !
This week brought a confrontation between a Channel 7 news team and the trial of a man accused of throwing his fiancee to her death from the balcony of a seventeenth floor unit. This man is on bail and faced the usual media scrum as he made his way into court for his murder trial.
A news reporter repeatedly asked him questions - Why he was " jealous " ? Why he was " controlling " ? - and intimated that the channel was doing a show on this trial which would go to air that night.
More alarmingly, the publicity for this nightly news segment claimed that the show would present " explosive new evidence " that had not yet appeared in court. It was enough to cause the judge to delay the trial.
The law is quite clear that any person charged with a crime is " innocent until proven guilty " - and that the decision of guilt or innocence must be served by only the evidence that is presented at the court trial. There is a danger of contamination when both the judge and jury are exposed to news reports that exploit innuendo and unsubstantiated opinions.
In a court trial, the prosecution must present a case that remains within the bounds of the rules of evidence. The person on trial is charged with a particular crime and evidence of other criminal charges or convictions are usually withheld from the jury as a matter of course. No such restriction applies to the media and they are free to delve into past history - and speculate on how this applies to the case before the court.
This trial has caught the public's attention and the news media is giving it priority. The resulting clash between the public's " right to know " and the need of the media to keep their stories within legal bounds creates an impossible situation. The only real option seems to be " sequestering " the jury - locking them away from all possible news sources for the duration of the trial. That is both costly - and contains a risk that pre-trial publicity will already have done damage.
Judges have the right to impose news suppression orders but many high profile celebrities break these to keep their ratings in the public eye - and gladly suffer the consequences. The fall out from the murder of Jill Meagher and the breaking of suppression orders is still before other courts and the light gaol sentence for a person who caused the death of an innocent man is just starting to enrage public opinion. For better or worse - the matters before courts need to be in full public view.
It seems that we have an impossible situation. It is the job of the media to present the news to the public and because they face competition in a commercial world they need to create a sensationalist perspective to attract and hold the attention of viewers. This contrasts with the duty of the judge, who must ensure that the matter both he and the jury considers is restricted to the evidence that is put before the court.
Of course, news media stories pull in both directions. There are times when a guilty party attracts a sympathy reaction that sways a verdict of " not guilty " - which is obviously more emotional than practical, but it also tends to send some people to prison where the facts presented leave an obvious doubt.
At least it presents work opportunities for the legal profession. Once the case has settled into obscurity and the fanfare has ceased, the road is open to an appeal on the grounds that publicity distorted the facts considered - and led to a mistrial !
Of course, that only goes in one direction. Under our " double jeopardy " laws, once a murderer gets a " not guilty " verdict, he or she is home free !
A news reporter repeatedly asked him questions - Why he was " jealous " ? Why he was " controlling " ? - and intimated that the channel was doing a show on this trial which would go to air that night.
More alarmingly, the publicity for this nightly news segment claimed that the show would present " explosive new evidence " that had not yet appeared in court. It was enough to cause the judge to delay the trial.
The law is quite clear that any person charged with a crime is " innocent until proven guilty " - and that the decision of guilt or innocence must be served by only the evidence that is presented at the court trial. There is a danger of contamination when both the judge and jury are exposed to news reports that exploit innuendo and unsubstantiated opinions.
In a court trial, the prosecution must present a case that remains within the bounds of the rules of evidence. The person on trial is charged with a particular crime and evidence of other criminal charges or convictions are usually withheld from the jury as a matter of course. No such restriction applies to the media and they are free to delve into past history - and speculate on how this applies to the case before the court.
This trial has caught the public's attention and the news media is giving it priority. The resulting clash between the public's " right to know " and the need of the media to keep their stories within legal bounds creates an impossible situation. The only real option seems to be " sequestering " the jury - locking them away from all possible news sources for the duration of the trial. That is both costly - and contains a risk that pre-trial publicity will already have done damage.
Judges have the right to impose news suppression orders but many high profile celebrities break these to keep their ratings in the public eye - and gladly suffer the consequences. The fall out from the murder of Jill Meagher and the breaking of suppression orders is still before other courts and the light gaol sentence for a person who caused the death of an innocent man is just starting to enrage public opinion. For better or worse - the matters before courts need to be in full public view.
It seems that we have an impossible situation. It is the job of the media to present the news to the public and because they face competition in a commercial world they need to create a sensationalist perspective to attract and hold the attention of viewers. This contrasts with the duty of the judge, who must ensure that the matter both he and the jury considers is restricted to the evidence that is put before the court.
Of course, news media stories pull in both directions. There are times when a guilty party attracts a sympathy reaction that sways a verdict of " not guilty " - which is obviously more emotional than practical, but it also tends to send some people to prison where the facts presented leave an obvious doubt.
At least it presents work opportunities for the legal profession. Once the case has settled into obscurity and the fanfare has ceased, the road is open to an appeal on the grounds that publicity distorted the facts considered - and led to a mistrial !
Of course, that only goes in one direction. Under our " double jeopardy " laws, once a murderer gets a " not guilty " verdict, he or she is home free !
Saturday, 9 November 2013
Whodunnit ?
We now know that the mysterious death of Palestinian leader Yasser Arafat was by the hand of an assassin. His body was exhumed and found to contain traces of Polonium-210, a radioactive poison that is 250,000 times more lethal than cyanide.
Yasser Arafat was the leader of the Palestine resistance to Israeli occupation and for decades was the stumbling block to any peace settlement. The world regarded him as a terrorist leader and he made no secret about the command structure he headed that led to the death of many people and the acts of terrorism that supported his aims.
At one time, an event on the White House lawn where he shook hands with an Israeli leader seemed to offer hope that the standoff between the Palestinian and Israel might finally be resolved, but at the last minute Arafat backed away - and the opportunity was lost.
Arafat's influence was fast waning in his final days. The Israelis had him holed up in his headquarters in the West Bank compound - where he developed a mysterious illness. He was evacuated to a French military hospital - and died there in 2004. His widow at that time refused permission for the coroner to hold an inquest to determine the cause of death.
The big question that will rumble through the halls of world power will be - " Who killed Arafat ? "
Obviously, he was an enemy of the Israelis, but they had him contained and there was no obvious gain from his death. His resistance movement was fragmented and while he was a hero to many, he was despised by others. It is quite possible that his fading power was an incentive to ambitious others that a time for change was approaching. After this passage of time, a clear finding of responsibility is unlikely.
What the Arafat disclosure does highlight is the availability of a hard to detect poison that has now been used in at least two cases concerning the removal of high profile targets. Polonium-210 was virtually unknown when Arafat was killed in 2004, but just two years later a Russian dissident who was a sworn enemy of Vladimir Putin and lived in London was poisoned with this substance.
The killing of Alexander Litivenko had all the hallmarks of the KGB and science has revealed that a fatal dose can be as small as a single grain of sand. That is a thought that must make world leaders uneasy. We live in a world of high tension between countries and the issues range from trade and politics to the divide of religion - and all these issues play into the hands of terrorists.
The death of any world leader will now raise the spectre of the possible use of Polonium-210.
Yasser Arafat was the leader of the Palestine resistance to Israeli occupation and for decades was the stumbling block to any peace settlement. The world regarded him as a terrorist leader and he made no secret about the command structure he headed that led to the death of many people and the acts of terrorism that supported his aims.
At one time, an event on the White House lawn where he shook hands with an Israeli leader seemed to offer hope that the standoff between the Palestinian and Israel might finally be resolved, but at the last minute Arafat backed away - and the opportunity was lost.
Arafat's influence was fast waning in his final days. The Israelis had him holed up in his headquarters in the West Bank compound - where he developed a mysterious illness. He was evacuated to a French military hospital - and died there in 2004. His widow at that time refused permission for the coroner to hold an inquest to determine the cause of death.
The big question that will rumble through the halls of world power will be - " Who killed Arafat ? "
Obviously, he was an enemy of the Israelis, but they had him contained and there was no obvious gain from his death. His resistance movement was fragmented and while he was a hero to many, he was despised by others. It is quite possible that his fading power was an incentive to ambitious others that a time for change was approaching. After this passage of time, a clear finding of responsibility is unlikely.
What the Arafat disclosure does highlight is the availability of a hard to detect poison that has now been used in at least two cases concerning the removal of high profile targets. Polonium-210 was virtually unknown when Arafat was killed in 2004, but just two years later a Russian dissident who was a sworn enemy of Vladimir Putin and lived in London was poisoned with this substance.
The killing of Alexander Litivenko had all the hallmarks of the KGB and science has revealed that a fatal dose can be as small as a single grain of sand. That is a thought that must make world leaders uneasy. We live in a world of high tension between countries and the issues range from trade and politics to the divide of religion - and all these issues play into the hands of terrorists.
The death of any world leader will now raise the spectre of the possible use of Polonium-210.
Friday, 8 November 2013
A " Re-Think " on waste levies !
As recently as two decades ago, getting rid of the rubbish that accumulates around the average home was simply a matter of hooking up the trailer to the car - and taking it to the tip. In many areas there was no charge because this was deemed covered within council rates - and those that did charge kept the fee way below ten dollars.
The ecology people started a panic with the claim that our landfills were filling too fast and the mantra that " waste is bad " caused tip fees to rise sharply. We were urged to " recycle " and thus began the era of " selective charging ". Dumping an old mattress attracted a special rate, and that was quite separate from the charge to dump old televisions or electronic equipment. Now - arriving at the tip with that trailer attached can attract fees that leave no change from a fifty dollar note.
Professional rubbish removal companies in New South Wales are now finding that it is cheaper to truck our rubbish to Queensland, because the tax regime in that state is lower. Because of exorbitant tip fees, we are seeing ordinary homeowners avoiding a trip to the landfills and dumping their rubbish in parks and city streets.
This " special item " extra charge is impacting on the removal of deadly asbestos. Asbestos is present in all homes built before 1986 and it's removal to a landfill incurs a special charge at the rate of $ 107.80 a tonne, and that is on top of the already inflated high tip charges.
The result has been predictable. The desperate people with an asbestos problem are regularly dumping it in the dead of night - and in many cases it is putting the public at risk. If asbestos is broken or crushed, the fibres that cause deadly diseases float in the air and can accumulate in the lungs of innnocent people. The only way to safely remove asbestos is to wet it down and encase it in plastic bags. The worst case scenario - is to have it exposed on a public street.
The New South Wales government is proposing to remove that $ 107.80 a tonne levy on asbestos as a public safety measure. The incidence of public dumping has been rising, despite draconian fines and the threat of a gaol term for offenders. It is simply an impost that encourages law breaking.
Now would be a very good time to re-examine the entire waste levy system. It is not possible to tax rubbish out of existence, and what these waste levies have degenerated into is simply a " tax grab " to fill other tax shortfalls.
Like all tax matters, a simple algorithm comes into play. Once the Treasurer finds a new tax source, it is inevitable that in future years the rate of that tax will increase because governments always have an increasing need for funds. The original reason for that tax is quickly forgotten - and any new problems it's imposition is causing are ignored.
It would be very hard to find a logical reason why disposing of the inevitable waste of modern living should be viewed as a " tax opportunity " !
The ecology people started a panic with the claim that our landfills were filling too fast and the mantra that " waste is bad " caused tip fees to rise sharply. We were urged to " recycle " and thus began the era of " selective charging ". Dumping an old mattress attracted a special rate, and that was quite separate from the charge to dump old televisions or electronic equipment. Now - arriving at the tip with that trailer attached can attract fees that leave no change from a fifty dollar note.
Professional rubbish removal companies in New South Wales are now finding that it is cheaper to truck our rubbish to Queensland, because the tax regime in that state is lower. Because of exorbitant tip fees, we are seeing ordinary homeowners avoiding a trip to the landfills and dumping their rubbish in parks and city streets.
This " special item " extra charge is impacting on the removal of deadly asbestos. Asbestos is present in all homes built before 1986 and it's removal to a landfill incurs a special charge at the rate of $ 107.80 a tonne, and that is on top of the already inflated high tip charges.
The result has been predictable. The desperate people with an asbestos problem are regularly dumping it in the dead of night - and in many cases it is putting the public at risk. If asbestos is broken or crushed, the fibres that cause deadly diseases float in the air and can accumulate in the lungs of innnocent people. The only way to safely remove asbestos is to wet it down and encase it in plastic bags. The worst case scenario - is to have it exposed on a public street.
The New South Wales government is proposing to remove that $ 107.80 a tonne levy on asbestos as a public safety measure. The incidence of public dumping has been rising, despite draconian fines and the threat of a gaol term for offenders. It is simply an impost that encourages law breaking.
Now would be a very good time to re-examine the entire waste levy system. It is not possible to tax rubbish out of existence, and what these waste levies have degenerated into is simply a " tax grab " to fill other tax shortfalls.
Like all tax matters, a simple algorithm comes into play. Once the Treasurer finds a new tax source, it is inevitable that in future years the rate of that tax will increase because governments always have an increasing need for funds. The original reason for that tax is quickly forgotten - and any new problems it's imposition is causing are ignored.
It would be very hard to find a logical reason why disposing of the inevitable waste of modern living should be viewed as a " tax opportunity " !
Thursday, 7 November 2013
The " Child Sex Trade " sting !
There are forty-six Australian men who will not be enjoying their breakfast this morning. Their daily newspaper will be delivering bad news - and it will only be a matter of time before the police come knocking on their door.
On the other side of the world, a Dutch group has launched an innovative " Sting " operation to identify men who use the computer to lure young girls into providing pornography to satisfy their sexual cravings. It is a new form of " sex tourism " where child molesters visit third world countries and prey on a mix of poverty and lax law enforcement to procure young children to satisfy their sexual appetites.
This delivers results without the need to travel. The age of the computer and it's companion - the world wide web - offers the opportunity to solicit children to perform sexual acts online. These can then be viewed on the screen monitor in complete privacy - and many thought entirely free from the long arm of the law.
Just as the computer is a tool of sex voyeurs, the originator of this scheme has used the wonderful world of computer graphics to create ' Sweetie ", a supposed ten year old Filipino girl. Sweetie simply does not exist, but her image is real and her voice so convincing that men proposition her to comply to their sexual wishes on screen.
This is an offence under Australian law and this sting operation has provided the evidence - plus the computer identification of the culprits - to Interpol, and in due course that will find it's way into the hands of the various state police forces for action.
Grooming young children for sex is a crime and where it is committed is immaterial. Some people seem to think that the world of the internet is beyond police jurisdiction, but having sex with underage children in a far country by a travelling tourist can be a charge in a local court here - and that same situation applies to other illegal sexual activities on the internet.
Perhaps the most valuable outcome of the prosecutions that will follow these internet liaisons with "Sweetie " is the publicity they will create. The biggest deterrent to most forms of crime - is the fear of punishment. Many people exceed their better judgement simply because they think they can get away with it - and the certain knowledge that there is a very high risk factor will inevitably make many - think again !
The fear of public exposure shines the light into some very dark corners - and will help protect those very vulnerable to sexual exploitation.
On the other side of the world, a Dutch group has launched an innovative " Sting " operation to identify men who use the computer to lure young girls into providing pornography to satisfy their sexual cravings. It is a new form of " sex tourism " where child molesters visit third world countries and prey on a mix of poverty and lax law enforcement to procure young children to satisfy their sexual appetites.
This delivers results without the need to travel. The age of the computer and it's companion - the world wide web - offers the opportunity to solicit children to perform sexual acts online. These can then be viewed on the screen monitor in complete privacy - and many thought entirely free from the long arm of the law.
Just as the computer is a tool of sex voyeurs, the originator of this scheme has used the wonderful world of computer graphics to create ' Sweetie ", a supposed ten year old Filipino girl. Sweetie simply does not exist, but her image is real and her voice so convincing that men proposition her to comply to their sexual wishes on screen.
This is an offence under Australian law and this sting operation has provided the evidence - plus the computer identification of the culprits - to Interpol, and in due course that will find it's way into the hands of the various state police forces for action.
Grooming young children for sex is a crime and where it is committed is immaterial. Some people seem to think that the world of the internet is beyond police jurisdiction, but having sex with underage children in a far country by a travelling tourist can be a charge in a local court here - and that same situation applies to other illegal sexual activities on the internet.
Perhaps the most valuable outcome of the prosecutions that will follow these internet liaisons with "Sweetie " is the publicity they will create. The biggest deterrent to most forms of crime - is the fear of punishment. Many people exceed their better judgement simply because they think they can get away with it - and the certain knowledge that there is a very high risk factor will inevitably make many - think again !
The fear of public exposure shines the light into some very dark corners - and will help protect those very vulnerable to sexual exploitation.
Wednesday, 6 November 2013
Political Assassinations ?
In many parts of the world, politicians live in almost a state of siege - under constant fear of an assassin waiting to strike. Most people remember a day in November, 1963 when President John F Kennedy fell victim to Lee Harvey Oswald, ending the practice of US presidents riding in open topped cars.
Australia has a much more benign relationship between those who hold political office - and they that they govern. We often curse and revile them for their decisions, but only very rarely do we shoot them !
This nation reacted with horror, when in June 21, 1966 then opposition leader Arthur Caldwell was shot in his car by Peter Kocan, a nineteen year old student. Fortunately, the low calibre bullet deflected off the window glass and did Caldwell no harm - and Kocan received a lengthy gaol sentence.
September 5, 1994 brought our first political murder for gain. John Newman was gunned down in front of his fiancee in an attempt by a political rival to gain his parliamentary seat. Eventually the assassin was run to earth and the man who ordered the hit identified. Phong Ngo is still serving a life sentence for that murder.
It is chilling to hear that life threats are being made against Queensland Premier Campbell Newman. Newman is battling bikie gangs who are engaged in open warfare against one another for control of the lucrative drug trade. Draconian legislation is coming through the pipeline - and this has enraged the computer hacking group who wear Guy Fawkes masks - and term themselves " Anonymous ".
It is more likely that Anonymous will use it's hacking skills to cause loss and damage to Queensland government revenue sources than engage in violence, but there is a higher risk that a new bikie group - the Mongols - will cross the line and target politicians to make their point.
It would not be a huge change of course. Here in Sydney we are seeing almost daily shootings and most of these are in broad daylight between rival gang members. Those that survive stick by the criminal code of silence. New South Wales is obviously watching the Queensland legislation and pressure is building to enact uniform laws across all Australian states to curb the bikie menace.
Many citizens are disturbed to see the change that is taking place in our methods of policing. Police now wear body armour and the sight of cops toting assault rifles and backed up by " Bearcat " armoured vehicles with a machine gun mounted on a roof turret have become features when a drug house is raided.
At the moment, Campbell Newman is the most aggressive premier tackling crime in his state and if an assassination threat emerges, he would be the most likely target. The bikie wars have raised the risk level by quite a few notches.
What the future Australian lifestyle looks like will depend heavily on which side wins the coming bikie wars !
Australia has a much more benign relationship between those who hold political office - and they that they govern. We often curse and revile them for their decisions, but only very rarely do we shoot them !
This nation reacted with horror, when in June 21, 1966 then opposition leader Arthur Caldwell was shot in his car by Peter Kocan, a nineteen year old student. Fortunately, the low calibre bullet deflected off the window glass and did Caldwell no harm - and Kocan received a lengthy gaol sentence.
September 5, 1994 brought our first political murder for gain. John Newman was gunned down in front of his fiancee in an attempt by a political rival to gain his parliamentary seat. Eventually the assassin was run to earth and the man who ordered the hit identified. Phong Ngo is still serving a life sentence for that murder.
It is chilling to hear that life threats are being made against Queensland Premier Campbell Newman. Newman is battling bikie gangs who are engaged in open warfare against one another for control of the lucrative drug trade. Draconian legislation is coming through the pipeline - and this has enraged the computer hacking group who wear Guy Fawkes masks - and term themselves " Anonymous ".
It is more likely that Anonymous will use it's hacking skills to cause loss and damage to Queensland government revenue sources than engage in violence, but there is a higher risk that a new bikie group - the Mongols - will cross the line and target politicians to make their point.
It would not be a huge change of course. Here in Sydney we are seeing almost daily shootings and most of these are in broad daylight between rival gang members. Those that survive stick by the criminal code of silence. New South Wales is obviously watching the Queensland legislation and pressure is building to enact uniform laws across all Australian states to curb the bikie menace.
Many citizens are disturbed to see the change that is taking place in our methods of policing. Police now wear body armour and the sight of cops toting assault rifles and backed up by " Bearcat " armoured vehicles with a machine gun mounted on a roof turret have become features when a drug house is raided.
At the moment, Campbell Newman is the most aggressive premier tackling crime in his state and if an assassination threat emerges, he would be the most likely target. The bikie wars have raised the risk level by quite a few notches.
What the future Australian lifestyle looks like will depend heavily on which side wins the coming bikie wars !
Monday, 4 November 2013
A good idea - wasted !
Most people presenting for even a minor medical procedure find it difficult to compile the required medical history record required. They need to list any previous surgery and every ailment for which they received treatment - and many have difficulty remembering exactly what current medication they are taking. It is daunting to be presented with a pen and clipboard - and be expected to detail every medical event and ailment that has occurred during their lifetime. This was supposed to be relegated to the past when the previous Federal government introduced the " Electronic Health Record ".
Unfortunately, this was a shambolic failure. The government spent a billion dollars, but only managed to attract five thousand patients to record their medical history online. As a result, the cost was a staggering $ 200,000 for each patient.
Part of the problem was the failure to produce software to enable this information to be compatible with doctor's computers. The system was full of glitches and both patients and their doctors lost patience with what was a truly wonderful idea - but now it is being resurrected.
The current government has recruited a top health professional to iron out the problems and get a software regime in place to coordinate the flow of health information to all who need it. Control will be entirely in the hands of the patient. Each person will have an individual bar code to release the stored information to the selected doctor or hospital offering treatment.
That is something people should keep in their purse of wallet. Previous health information is vital when a person arrives in an emergency room and immediate treatment is needed to preserve life. Time is saved if the treating doctors are aware of previous history - and have vital information on what drugs are incompatible to the patient. A patient suffering shock from an accident is usually not capable of providing a coherent verbal medical history.
The biggest challenge will be to sell the idea of a " Personally Controlled Electronic Health Record programme " to every person in Australia and get them to record that information online. Doctors will start enthusiastically promoting this - once they are aware that the system is in place to make it work, but it will likely be a movement that will take years to reach critical mass.
Eventually, Australia should gain the benefit of having an integrated health record instantly available to any doctor or hospital tasked with treating a patient - and the days of trying to complete an accurate medical history from memory by filling in a questionnaire will be a thing of the past !
Unfortunately, this was a shambolic failure. The government spent a billion dollars, but only managed to attract five thousand patients to record their medical history online. As a result, the cost was a staggering $ 200,000 for each patient.
Part of the problem was the failure to produce software to enable this information to be compatible with doctor's computers. The system was full of glitches and both patients and their doctors lost patience with what was a truly wonderful idea - but now it is being resurrected.
The current government has recruited a top health professional to iron out the problems and get a software regime in place to coordinate the flow of health information to all who need it. Control will be entirely in the hands of the patient. Each person will have an individual bar code to release the stored information to the selected doctor or hospital offering treatment.
That is something people should keep in their purse of wallet. Previous health information is vital when a person arrives in an emergency room and immediate treatment is needed to preserve life. Time is saved if the treating doctors are aware of previous history - and have vital information on what drugs are incompatible to the patient. A patient suffering shock from an accident is usually not capable of providing a coherent verbal medical history.
The biggest challenge will be to sell the idea of a " Personally Controlled Electronic Health Record programme " to every person in Australia and get them to record that information online. Doctors will start enthusiastically promoting this - once they are aware that the system is in place to make it work, but it will likely be a movement that will take years to reach critical mass.
Eventually, Australia should gain the benefit of having an integrated health record instantly available to any doctor or hospital tasked with treating a patient - and the days of trying to complete an accurate medical history from memory by filling in a questionnaire will be a thing of the past !
Switching off the lights !
It must be hard for true-blue Labor supporters to even think of their political party returning to office and gaining the numbers to rule again in New South Wales. The evidence of sleaze and corruption by Labor politicians and party bosses rolls on in a ceaseless torrent. State taxpayers were plundered remorselessly to fund lavish lifestyles - and those memories will linger in voters minds for a long time to come.
Sadly, one of the best performers in Labor's ranks has announced that she is leaving politics. Carmel Tebbutt will end a fifteen year career when she declines to nominate at the next state election. She is married to senior Labor Federal politician, Anthony Albanese and together they have a young family.
Being a politician is like living life in a goldfish bowl. Every aspect of private and public life is under the microscope - and subjected to scrutiny in the media. Decisions made in parliament are closely examined for political bias - and probably attract the ire of at least half the voting population. That is the very nature of politics in a two party adversarial system.
Carmel Tebbutt did not attract controversy. She was twice approached to take the position of premier during the jockying for power between the factions that deposed Morris Iemma in 2008 and Nathan Rees in 2009. The top job finally went to Kristina Keneally - and it is noticeable that both these women are untainted by the corruption scandals that are roiling Labor.
The last Federal election saw many senior Labor figures take the opportunity to retire and it seems obvious that they foresaw the scandals that were about to break - and wanted no part in the recriminations that were sure to follow. On both the Federal and state scene, party rebuilding is a formidable task that will fall to new talent. It presents opportunity - for those with the ticker to withstand the heat !
That task can not commence until these interminable enquiries finally conclude and perpetrators go before the court and receive their punishment. It says a lot about the justice system that despite the gravity of the crimes committed, years later the lawyers are still shuffling paper and the accused are living the good life.
It seems that the levels of justice are very different when the crime is committed by a politician - as opposed to a very ordinary member of the public !
Sadly, one of the best performers in Labor's ranks has announced that she is leaving politics. Carmel Tebbutt will end a fifteen year career when she declines to nominate at the next state election. She is married to senior Labor Federal politician, Anthony Albanese and together they have a young family.
Being a politician is like living life in a goldfish bowl. Every aspect of private and public life is under the microscope - and subjected to scrutiny in the media. Decisions made in parliament are closely examined for political bias - and probably attract the ire of at least half the voting population. That is the very nature of politics in a two party adversarial system.
Carmel Tebbutt did not attract controversy. She was twice approached to take the position of premier during the jockying for power between the factions that deposed Morris Iemma in 2008 and Nathan Rees in 2009. The top job finally went to Kristina Keneally - and it is noticeable that both these women are untainted by the corruption scandals that are roiling Labor.
The last Federal election saw many senior Labor figures take the opportunity to retire and it seems obvious that they foresaw the scandals that were about to break - and wanted no part in the recriminations that were sure to follow. On both the Federal and state scene, party rebuilding is a formidable task that will fall to new talent. It presents opportunity - for those with the ticker to withstand the heat !
That task can not commence until these interminable enquiries finally conclude and perpetrators go before the court and receive their punishment. It says a lot about the justice system that despite the gravity of the crimes committed, years later the lawyers are still shuffling paper and the accused are living the good life.
It seems that the levels of justice are very different when the crime is committed by a politician - as opposed to a very ordinary member of the public !
Sunday, 3 November 2013
Fair and honest elections !
In many parts of the world, the result of elections is a foregone conclusion. Ballot stuffing is rife and the people who count votes are carefully selected to deliver the result that the ruling power has decreed. As a consequence, elections are followed by street riots and the losers refuse to accept the verdict.
That has never been the case in Australia. Our elections are held under the supervision of the Electoral Commission and the actual vote is under close scrutiny to deter irregularities. The vote count is held in the presence of scrutineers from all the interested political parties - and when the votes go up on the board in the tally room - they are universally accepted to be correct.
The September 7 national election cost the taxpayer $ 113 million, and for the first time in this country's history - there has been a hiccup delaying a final result in deciding who sits in the Senate representing Western Australia.
The initial count was so close that it immediately triggered a recount - and when that was held the number of votes counted fell 1375 short of the original count. Somewhere in the counting process, a bundle of over a thousand votes had just " disappeared ".
The Electoral Commission is faced with a daunting conundrum. A former Federal Police commissioner has been tasked with holding an investigation to find those missing votes, but it also raises the question of whether the entire state of Western Australia should have to face a fresh Senate election. If that happens, the cost will be measured in millions of dollars.
It is also causing some people to suggest we change to electronic voting in future elections, to bring a much faster result and to modernise the poll in what has become the " age of the computer ". There are obvious gains in this suggestion, but whether pressing a button in place of putting a pen to paper would be totally acceptable in the " fairness stakes " remains to be seen.
Paper voting may be old fashioned, but as this present problem illustrates - any irregularity is out in the open for all to see. If the numbers coming out of a machine didn't meet with expectations, would we have the same trust in the system - or would we believe that the boffins are capable of manipulating the system to get the result they desire ?
It says plenty about public confidence that this hiccup has not produced accusations of voter fraud. Voter confidence has remained intact and very likely a logical explanation will be found - and probably those missing votes will be discovered and returned to the count.
That old adage - " If it 'aint broke - don't fix it " comes to mind !
That has never been the case in Australia. Our elections are held under the supervision of the Electoral Commission and the actual vote is under close scrutiny to deter irregularities. The vote count is held in the presence of scrutineers from all the interested political parties - and when the votes go up on the board in the tally room - they are universally accepted to be correct.
The September 7 national election cost the taxpayer $ 113 million, and for the first time in this country's history - there has been a hiccup delaying a final result in deciding who sits in the Senate representing Western Australia.
The initial count was so close that it immediately triggered a recount - and when that was held the number of votes counted fell 1375 short of the original count. Somewhere in the counting process, a bundle of over a thousand votes had just " disappeared ".
The Electoral Commission is faced with a daunting conundrum. A former Federal Police commissioner has been tasked with holding an investigation to find those missing votes, but it also raises the question of whether the entire state of Western Australia should have to face a fresh Senate election. If that happens, the cost will be measured in millions of dollars.
It is also causing some people to suggest we change to electronic voting in future elections, to bring a much faster result and to modernise the poll in what has become the " age of the computer ". There are obvious gains in this suggestion, but whether pressing a button in place of putting a pen to paper would be totally acceptable in the " fairness stakes " remains to be seen.
Paper voting may be old fashioned, but as this present problem illustrates - any irregularity is out in the open for all to see. If the numbers coming out of a machine didn't meet with expectations, would we have the same trust in the system - or would we believe that the boffins are capable of manipulating the system to get the result they desire ?
It says plenty about public confidence that this hiccup has not produced accusations of voter fraud. Voter confidence has remained intact and very likely a logical explanation will be found - and probably those missing votes will be discovered and returned to the count.
That old adage - " If it 'aint broke - don't fix it " comes to mind !
Saturday, 2 November 2013
The " Statin " question ?
The ABC dropped the cat amongst the pigeons on Halloween night with it's Catalyst programme, This delved into the miracle drug -" Statins " - taken by an overwhelming number of people over fifty years of age.
Perhaps the most common brand of Statins is Lipitor, but the patent has now expired and a vast array of generic versions are more cheaply available. Lipitor was amazingly successful in delivering huge profits to the drug company responsible for it's development.
Medical thinking blamed Cholesterol for causing the main reason for death on heart attacks and strokes. Cholesterol stuck to the lining of arteries and Statins reduced Cholesterol, hence those taking this Statin could expect to live longer and not suffer heart attacks or strokes.
A big number of medical doctors now refute this thinking. They think Statins take a minor role in protecting a small percentage of patients from strokes and heart attacks, but claim that Cholesterol is a natural requirement of the human body - and when it is sharply diluted it clears the way for other diseases.
In particular, they see a link between reduced Cholesterol and the rapidly increasing incidence of Dementia - and in particular, Alzheimers disease.
The human brain is composed of many parts and requires rapid connection to serve the memory function. There is a contention that reducing Cholesterol impairs the transmission of data between brain centres and is doing more harm than good.
The spectre of greed hangs over this question. The medical profession is divided over the Statin question and much of the statistical evidence available is in sharp contrast. It is known that some drug companies provide rewards for doctors who enthusiastically prescribe their drugs, and many medical trials are paid for by drug companies. Such trials usually recommend the product tested and make little reference to any side effects involved.
This segment of Catalyst must have left many viewers confused. Some may have heard earlier doubts about Statins, but decided that avoiding a stroke or heart attack was their main medical aim. The thought that this medication may hasten the incidence of Dementia puts a new slant on the decision process.
Getting good advice is the main problem. Obviously, consulting the patients own doctor would be the first step, but it seems the profession is evenly divided. Hopefully, this is a medical question that the great research laboratories will put high on the list of problems to be solved.
It is - in every sense - a matter of life or death !
Perhaps the most common brand of Statins is Lipitor, but the patent has now expired and a vast array of generic versions are more cheaply available. Lipitor was amazingly successful in delivering huge profits to the drug company responsible for it's development.
Medical thinking blamed Cholesterol for causing the main reason for death on heart attacks and strokes. Cholesterol stuck to the lining of arteries and Statins reduced Cholesterol, hence those taking this Statin could expect to live longer and not suffer heart attacks or strokes.
A big number of medical doctors now refute this thinking. They think Statins take a minor role in protecting a small percentage of patients from strokes and heart attacks, but claim that Cholesterol is a natural requirement of the human body - and when it is sharply diluted it clears the way for other diseases.
In particular, they see a link between reduced Cholesterol and the rapidly increasing incidence of Dementia - and in particular, Alzheimers disease.
The human brain is composed of many parts and requires rapid connection to serve the memory function. There is a contention that reducing Cholesterol impairs the transmission of data between brain centres and is doing more harm than good.
The spectre of greed hangs over this question. The medical profession is divided over the Statin question and much of the statistical evidence available is in sharp contrast. It is known that some drug companies provide rewards for doctors who enthusiastically prescribe their drugs, and many medical trials are paid for by drug companies. Such trials usually recommend the product tested and make little reference to any side effects involved.
This segment of Catalyst must have left many viewers confused. Some may have heard earlier doubts about Statins, but decided that avoiding a stroke or heart attack was their main medical aim. The thought that this medication may hasten the incidence of Dementia puts a new slant on the decision process.
Getting good advice is the main problem. Obviously, consulting the patients own doctor would be the first step, but it seems the profession is evenly divided. Hopefully, this is a medical question that the great research laboratories will put high on the list of problems to be solved.
It is - in every sense - a matter of life or death !
Friday, 1 November 2013
The International " Spy Game " !
Much huffing and puffing by world leaders since the secret papers released by Edward Snowden revealed that the American National Security Agency had bugged the phones of presidents and prime ministers. This seems more of a breach of what is euphemistically called " the Eleventh Commandment " - which states " Thou shall not get caught " !
Every country in the world has a clandestine department locked away in the deep recesses of government - tasked with the duty of gaining secrets from other countries. The terms change - depending on from whence the comment originates. The country being penetrated calls it " spying " and the country owning the agents calls it " Information gathering ".
The age of the computer has concentrated this " art " into the broad area of " hacking " to break into the information flow of both industry and the military of the target country. Gaining trade secrets can enhance trade while keeping watch on the others war capacity is considered essential whenever tension reaches a dangerous level between neighbours.
Now there are suggestions that Russia - which gave Snowden political asylum and shielded him from a vengeful America - was guilty of a similar intrusion when it presented the traditional host gifts to the G-20 meeting in St Petersburgh this September 5.
Russia's Vladimir Putin presented each country's representative with a USB flash drive and a mobile phone battery charger, both of which had been artfully bugged so that information could be later retrieved by secret agents.
World leaders are expected by their citizens to deplore any form of espionage and express rage, but this outrage will be short lived. They all live in fear that a Bradley Manning - or a Julian Assange - or a Edward Snowden - will emerge from their own ranks - and " spill the beans " !
The world of espionage reads like a never ending Tom Clancy novel !
Every country in the world has a clandestine department locked away in the deep recesses of government - tasked with the duty of gaining secrets from other countries. The terms change - depending on from whence the comment originates. The country being penetrated calls it " spying " and the country owning the agents calls it " Information gathering ".
The age of the computer has concentrated this " art " into the broad area of " hacking " to break into the information flow of both industry and the military of the target country. Gaining trade secrets can enhance trade while keeping watch on the others war capacity is considered essential whenever tension reaches a dangerous level between neighbours.
Now there are suggestions that Russia - which gave Snowden political asylum and shielded him from a vengeful America - was guilty of a similar intrusion when it presented the traditional host gifts to the G-20 meeting in St Petersburgh this September 5.
Russia's Vladimir Putin presented each country's representative with a USB flash drive and a mobile phone battery charger, both of which had been artfully bugged so that information could be later retrieved by secret agents.
World leaders are expected by their citizens to deplore any form of espionage and express rage, but this outrage will be short lived. They all live in fear that a Bradley Manning - or a Julian Assange - or a Edward Snowden - will emerge from their own ranks - and " spill the beans " !
The world of espionage reads like a never ending Tom Clancy novel !
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