Tuesday, 31 December 2019

Building for Fire Protection !

When Cyclone Tracy hit Darwin on Christmas eve of 1974 it virtually destroyed that city. The evacuation of residents saw a mix of civil and military aircraft take the survivors to safety and the government imposed an enquiry to regulate a new building code that would ensure a rebuilt Darwin would survive the impact of future cyclonic storms.

We have two months of summer ahead and the effect of global warming is blamed for the early start and intensity of bushfires that have ravaged many areas and destroyed homes.  The fact that Australia is suffering one of the longest droughts on record is contributing to this fire intensity and there is every reason to believe that the summer bushfire will become an all year event.

We must learn from the effort that was made to insulate Darwin from future destruction.  The homes that burned during the present fire emergencies will be rebuilt to the old building code unless that is revamped to offer greater fire protection.  It is not just isolated homes in the bush that need this improvement.  The fire experience in Canberra demonstrated the ability of a bushfire to advance right into the suburbs surrounding the city.

Public anger is growing about the inaction in taking measures to stop global warming but we already have a hotter planet as evidenced by the retreat of polar ice and the erosion of temperature records in a relentless march upwards.   We are rapidly approaching what science describes as a " tipping point "  where weather control passes beyond the reach of human intervention.

It is imperative that the homes rebuilt to replace those lost to fires have greater fire protection and that can be achieved by improvements to the building code.  A home built to resist fire can more readily be defended by the occupants in a fire emergency and more will survive under the  protective efforts of the fire teams who respond to fire control through volunteer brigades.

As happened in Darwin, we need an appraisal in both home design and the selection  of building materials to insulate from the penetration of ember attacks which are responsible for the destruction of many dwellings.  Good design will not make a home fireproof, but it will certainly make it defensible without the need to be viewed as an " ugly fortress ".

Many residents value the serenity of living in a bush setting and clever building design can offer a high degree of protection.  We urgently need a building standard update to avoid making the same errors that made homes prone to destruction this fire season.  If we are destined to live on a hotter planet then the homes we live in need to be better suited to fire protection.

This needs to be implemented very quickly.  The replacement of burned homes will be an immediate concern for many families and unless the building code is quickly revised we will simply regenerate this fire cycle of destruction and replacement into the future.

Monday, 30 December 2019

Competition !

Its interesting to see an outcome in the Pizza war that has been flourishing in New South Wales.   One of the chain of big name Pizza shops has closed its doors and will send a large number people back into the job market while the surviving chain is now offering Pizza's for just five dollars - delivered  !

In the Capitalist system in which we live it is competition that drives prices to new lows.  There is always someone who thinks they can sell a product cheaper and the usual outcome is that this drive for the cheapest price sends the less efficient competitors broke.   Survivors are prepared to work incredible hours for wafer thin profits in the belief that they will be the sole survivor and will then enjoy getting a higher price for their product.

The latest innovation to burst on the restaurant trade is the home delivery option headed by Uber.  Clever advertising is convincing people that they can have the meal of their choice delivered to their door with the widest possible selection of cuisine.  This rapidly increases pressure on all aspects necessary to achieve the promised result and it is now clear that expectations can not be consistently met.  A lot of restaurants are having second thoughts about that idea.

This game changer was the intrusion of Uber into the taxi market.  This was a very regulated industry and taxi number plates changed hands at a premium because the number of cabs allowed on the road was strictly limited.  Uber crashed into that market when it induced citizens to bring their own cars and drive people to their desired destinations under the Uber booking umbrella.  That broke dozens of laws and ordinances but Uber has deployed an innovative defence and seems to have gotten away with the intrusion.

We now have the situation of the existing taxi industry and Uber running a cab service side by side. The difference is that Uber drivers do not accept cash for fares and these are deducted from the passengers nominated credit provider.  To use Uber, you need to have your credit details listed with Uber and your mobile phone will actually allow you to view the approach of the car which will deliver your ride.

Uber is attracting custom on the basis of speed of service, courtesy - and reliability.  The conventional taxi industry was notorious for long service delays and missed appointment times.  With Uber you are told the make, model and plate number of the car coming to pick you up, and even the drivers name. It blends the difference between using a cab and having a privately chauffeured vehicle get you to your destination.

Uber is the new mode of thinking in the innovation world.  The innovators are people who desire to break rules and bring change and it is now clear that Uber is a permanent part of our transport system.
The final result of this food delivery concept is still not clear.  That is very much a work in progress and once again the sorting out made by competition will deliver winners - and losers.

In todays world, no industry is safe when the innovators decide to target it with competition.


Sunday, 29 December 2019

A Very Bad Idea !

We live in a dangerous world.  Not only can cyclones disrupt shipping traffic and delay the arrival of imports coming to this country, any outbreak of hostilities in the supply chain have a devastating effect on the liquid fuels that serve our economy.  We should be aware of the tensions present in the South China sea, through which most of our exports and imports travel.

Under our agreement with the International Energy Agency (IEA) Australia is supposed to have a ninety day fuel stockpile on shore and ready to serve us in an emergency.    We are falling short on that commitment  with only a twenty-five day supply of car fuel on hand and enough crude oil for a thirty day period.  At the same time we are closing down our refining capacity because doing that task is cheaper in the big refineries with their higher capacity based in Asia.

Not only is our commerce at risk in this situation, a lack of fuel would seriously limit our ability to defend Australia.  High proficiency ships and planes simply stand idle with a shortage of fuel and all our military forces are  dependent on fuel to get them to where they are needed.  Without adequate fuel we simply do not have a defence capacity and ninety percent of our needs are imported.

Rectifying that omission by building adequate storage facilities would cost millions of dollars and the government is considering avoiding that cost by entering into an agreement with the United States of America.   That country is served by vast fuel storage facilities under the title of the " Strategic Reserve " held in a network of underground caverns in Texas and Louisiana.  There are 640 million barrels of oil held in that reserve.

Under this agreement, Australia would add the oil necessary to meet that IEA commitment to storage in America, and many thinking  people would see that as a dumb idea.  We would be putting the defence of this country entirely in the hands of the US government because the oil reserves Australia would need in an emergency were not on our shores, but overseas and subject to the whim of whatever administration was in office in that country.

We regard America as a friendly nation, but if our oil reserves are based in America they need to be shipped here in an event of an emergency and that delivers both a risk and a time delay that defeats the whole concept of a fuel reserve.  The vast number of other world countries far exceed Australia in the volume of oil they hold in reserve, in their own jurisdiction and ready to keep their county running during a fuel emergency.

Even considering such an agreement is a stop gap measure to avoid the cost of building adequate storage here in Australia.  There is no point in having a multi-billion defence force if it would be brought to a standstill in a fuel emergency.   In fact, Australia as a nation would come to a halt if the pumps at the service stations across the country ran dry.

This fuel reserve must be located here - in Australia and on Australian soil !

Saturday, 28 December 2019

Death With Dignity !

It is a point of shame that here in New South Wales a terminal disease can end in a painful death.  A law that would have enabled such people to end their own life with the help of their doctor was voted down by just one vote in the state parliament.

Public opinion polls clearly show a vast majority of New South Wales citizens would welcome the sort of legislation that is now law in Victoria and it is interesting to review the result now that landmark law is legal in that state.   It came into force on June 19.

It only applies to permanent residents of Victoria and since its inception  a hundred and forty applicants have applied to be allowed to die with dignity.  This form of relief is only applicable to those suffering a terminal disease who satisfy the medical professions assessment that death is inevitable in a short space of time, and that is strewn with safeguards.

The applicant is required to convince two doctors, one of which is an expert in the applicable disease, of their eligibility.  The application must be made by the person concerned and can not be instituted by others and after that application it must be confirmed three more times before it will be granted.
The Victorian  Voluntary Assisted  Dying Review Board  assesses every application and this coming February it will release the numbers who ended their lives under this legislation.

This is a process that through necessity is slow and careful.  It is the wish of most people that when death comes it will be without excruciating pain and unfortunately many diseases are notorious for delivering a slow and painful death.  The safeguards in place ensure that the patient is confirming that death request after careful consideration and sufficient thought.

A Melbourne oncologist who sits on the  Dying with Dignity board comments that one of the hurdles facing applicants for an assisted death was finding a specialist doctor in their disease who had undertaken the necessary dying training.  In particular, there was an acute shortage of haematologists who had undertaken the training  and were able to assess patients who were dying of  blood cancer.

The people involved in the scheme were doing a fantastic job, but there is a real need for more specialist doctors to sign up. Both doctors and politicians seemed scared of the vocal minority that opposes death with dignity on religious grounds and fear vilification.    It should be noted that those assisting with this service are not being tarred and feathered on the streets of Melbourne.

Sadly, the people living north of the Victorian border will have to wait until this is again raised in the New South Wales parliament and hope that this time the politicians are more courageous.  The misery of a slow and painful death can be avoided.  It simply awaits the politicians gaining the fortitude to vote in conformity with the view of the public majority !







Friday, 27 December 2019

A Threat to " Eggs and Bacon " !

African Swine Fever is sweeping the world and one of our main food sources is in danger.  Once it takes hold in a country the pig mortality rate is one hundred percent. We are free of it in Australia at present, but the big worry is infestation occurring in Indonesia and the near inevitability of Australian tourists to Bali bringing it back on their clothing or shoes.

The other contamination point occurs when incoming tourists from infected countries try to smuggle banned foodstuffs through customs.  It is common for people visiting relatives in Australia to bring delicacies cooked to present traditional tastes and often this is not declared on the customs form each passenger is required to signs.  We have sniffer dogs working the luggage carousels with training to detect food odours and the detection rate of undeclared food is worryingly high.

In the past, customs inspectors have confiscated the contraband and had it destroyed and simply given the passenger a warning.  Should that passenger reoffend on a subsequent visit the offence would be treated more harshly and result in a substantial fine.  With the Swine Fever threat getting ever closer customer luggage checks will require closer attention and any form of food contraband will be treated very seriously.

There is the very obvious problem of language when passengers do not read or speak English.  We would be wise to issue multi-language information sheets along with entry visas explaining the need to declare all and every food item and the penalties that apply when contraband is detected.  It is also obvious that the imposition of heavy fines will spread the word through tourist hubs that Australia treats undeclared food seriously and will impose automatic penalties for even slight breaches.

Customs officials will also be very interested in the entry and exit visas stamped in visitors passports. Should a person entering Australia from a disease free country have a record of travelling through an infected country they will make a careful inspection of that persons footwear.  Contamination from anywhere associated with pigs could allow the disease to gain a foothold in this country and those shoes would need professional disinfection.

The big fear is that Swine Fever will make entry into Indonesia because Bali has become a favoured destination for Australian tourists. If that happens the chance that it may be brought back to Australia on someone's clothing or footwear increases substantially. In Australia pigs are usually farmed in a small number of high intensity farm complexes but in Asia the pig is part of villager life and not closely contained.

Apart from the financial damage Swine Fever would cause to our agricultural industry, pork is a highly regarded ingredient of the Australian lifestyle.  The very thought of a pork roast with crackling is enough to get the taste buds salvinating, and life withoutg a few rashers of bacon as part of the weekly meat order would be unthinkable.

It all depends on whether our customs defences can stem the tide  !


Thursday, 26 December 2019

Our Christian Heritage !

Across the world yesterday, hordes of tiny little kids eagerly awoke to discover if Santa Claus had managed to find their house.  The legend has it that Santa is a jolly, fat man who lives at the north pole and every Christmas eve he sets off across the world in a sled pulled by Reindeers.  He manages to squeeze down chimneys, and he only leaves gifts for " good "little boys and girls.

Christmas is a Christian holiday that is celebrated by adults with the traditional Christmas dinner and the giving of presents.  Here in Australia it falls in summer, but we tend to associate it with snow. It is a public holiday and almost all businesses are closed.

Unfortunately, Christmas is a busy time for the police.  This holiday period brings families close together for the day and that often ends in friction.  Call outs to attend cases of family violence increase as some people celebrate Christmas with too much alcohol.

This Christmas will be a tragedy for many families who have lost their homes in bush fires. Christmas will not be joyful for the many living rough on the streets but many charities provide a free Christmas dinner for the dispossessed.  The spirit of Christmas envisages giving a helping hand to others.

Australia used to be a predominantly Christian country but each census more tick the " no religion " box.  We have welcomed settlers from many world countries and from a range of religions and this mix manages to live together in relative harmony.  Australia is one of the few world countries where religion is not a political issue.

Perhaps some misconstrue adhering to a religion to  church attendance.  Many people have not stepped into a church for years, except for the occasional christening, marriage or funeral.  The numbers regularly attending church dwindle and yet those same people think themselves nominally Christian.  If they have embraced no other religion then they are Christian by default.

Ticking that " no religion " box brings a danger to the freedoms we enjoy in a Christian society.  If the Christian content of Australia falls to a new low it will be in relation to a rise in some other religion and that will encourage the adherents of that religion to demand the objectives of that religion take precedence.

Politicians are mindful of voting intentions and they study the statistics.  As we enjoy this present Christian holiday we would do well to remember that it is our Christian heritage that is the base for Christmas and Easter and if we let that slip from our grasp it will invite change.

Perhaps a good reason to have a re-think when the next census rolls around !

Wednesday, 25 December 2019

Those Heroic Volunteers !

There is something very different about the fire crisis that is consuming hundreds of Australian homes and blackening an almost unbelievable portion of state forests.  All this started well before the traditional fire season and has been burning continuously ever since - and we have two thirds of summer yet to come.

One of the reasons is a drought and because of that we are not getting the usual rain events that help contain the fires. We have been warned that this will be a drier continent in the future because of global warming and yet both prime minister Scott Morrison and New South Wales premier Gladys Berejiklian are ignoring the crisis that is erupting in fire management.

Fire control in cities is handled by paid members of fire brigades, but outside of those cities and in country towns the task falls to the Rural Fire Services and these consist of volunteers.  The men and women who form the core of this volunteer fire service willingly put their lives on the line to do very dangerous work.   It is a civic service and the public seem unaware that it comes at a cost to the very people whose efforts are keeping them safe.

In some cases they are self employed and the time they spend fighting fires is time lost in earning a living.  Those in employment rely on the indulgence of their boss to release them and most gladly continue to pay their wages, but there are obvious limits to how long that is possible.  This fire ravaging the countryside had its genesis weeks ago and there is every indication that we may be plagued by fire for weeks to come. Probably for the entire remainder of summer.

Our volunteer fire fighters are suffering exhaustion.  The government puts its hand in its pocket and provides fire trucks and fire fighting equipment and lately a fleet of water bombers has been added but there is no doubt that those volunteers are seriously eroding family finances by the heroic work they do as a public service.

There is an enormous groundswell of concern building about global warming.  We haver suffered a propaganda campaign from the oil industry to dispute the projections of how a hotter world will impact our lives but this drought and these fires are definitive proof that we are living in a more dangerous world - and public opinion is fast swinging behind remedial action.

What we need to do to reign in global warming will definitely have impact on lifestyles and that is staying the hands of the politicians and this reluctance to provide relief for volunteer fire fighters is typical.  Tax relief for them and their employers when they are away on the fire front would be a welcome recognition of the public service provided and the government should chip in and provide the safety equipment that they presently provide from their own pockets.  It would not be unreasonable to expect the government to fund death or serious injury cover for RFS members in recognition of the dangerous work they do on the fire fronts.

In the fire emergency we have faced in recent weeks it is evident that all that has stood between safety and a total disaster has been the Rural Fire Services.  There simply is no " Plan B " if that fails !

Tuesday, 24 December 2019

Religious Restrictions !

The " religious freedom laws " passing through Federal parliament will not please everybody and they have provoked a challenge from the nation's top Jewish body to allow religious hospitals, aged care facilities and housing providers to " preference people of their own faith " when it comes to admitting patients or choosing board members.

The second draft of this legislation gives a degree of latitude to religions in their ability to choose staff but the Executive Council of Australian Jewry's boss, Peter Wertheim is calling for hospitals, aged care homes and accommodation providers to maintain the same right as schools to decide exactly who can benefit from their services.

That idea certainly opens up an interesting can of worms when we examine the range of restrictions that are part of religious dogma and imagine them imposed on patients or residents by the religion providing the service.  We could see perfectly legal medical procedures refused by religious hospitals and everything from food type to activities permitted severely restricted if they failed to meet the guidelines imposed by the owning religion.

In Australia, religions are absolved from the paying of taxes and municipal fees such as rates on their landholding and have a huge advantage over their commercial competitors.  If church run facilities become a closed shop for people of that same faith the church will be gaining an unfair advantage in the cost structure due to its freedom from the usual business charges.

In particular, the law is adamant that people living in aged care have similar rights to when they lived in their own homes.  The care provider can not impose demands related to religion or place restrictions on activities because of religious dogma.  The fact that the residents are as mix of religions is helpful in maintaining that this activities mix covers a wide spectrum.

Mr Wetheim said it was not about allowing religious facilities to turn away people who did not subscribe to the relevant faith, but about being able to " preference " people where that was necessary.  It's positive discrimination.  Not negative.

This drew a response from the Federal Attorney General who said that in reality  religious hospitals and aged care homes  " do not appear to discriminate in service delivery - and do not want to ".

The bill now in parliament gives preference in employment, but not in service delivery, or for the purpose of meeting religious needs, but not linguistic or cultural needs.

A lot of people will think it ought to be kept that way !


Monday, 23 December 2019

Death Cover for" Firies " !

This combination of drought and global warming delivered a fire season to eastern Australia that is causing spectacular damage and has virtually put holiday travel on hold.  The toll of burning houses would have been much greater if it were not for the time and efforts of the heroic people who volunteer their services in countless local branches of the Rural Fire Services.

That is dangerous work and two families lost their breadwinner when a falling tree caused a fire truck to roll and several other members of its crew were injured.  Wind changes make fire fighting hazardous because the fire can change direction suddenly, trapping those fighting it.  Despite protective clothing, there have been casualties and in some cases the damage has been caused to the firefighters airways and that requires specialist hospital treatment.

The tragic death of those two family men caused the public to respond generously to an appeal setup to provide support for their families.  That does raise the question of responsibility for death and accident cover for the men and women who volunteer their time to turn out and save lives and property every fire season.  It is an essential service and the government responds by providing the necessary equipment such as fire trucks and hoses, but it seems that the volunteers are on their own when it comes to death cover.

In every community there are a few public minded people who put up their hand and volunteer to train as rural fire fighters.  That involves a regular drain on their time to attend training sessions to learn the safest way to fight fires.  Many are self employed while others seek their employers indulgence to free them when an emergency situation calls. There is group cameradie and in a dangerous fire individuals rely on the skill of others for their safety. This is an invaluable service which would be impossible without the generosity of the volunteers which contribute so heavily to public safety.

It is totally repugnant to find that the welfare of the families of those killed in such firefighting accidents will depend on the response to a public appeal.  It would not be a big ask to expect the government to contribute to death and accident cover for volunteers responding to a fire emergency.
This is a public service and without it the government would be forced to call on the armed services for the numbers necessary to provide relief.

Statistically, the numbers killed in fire fighting activities are small in relation to the numbers that turn out to fight fires.  Group cover could be negotiated at a reasonable premium and it would be a relief for the men and women who provide this service to know that their families were financially secure beyond any personal arrangement of cover that they may have put in place.

The past few days have shown how totally reliant we are on the RFS.  Its time the government stepped up and provided death cover for those providing an essential public service.

Sunday, 22 December 2019

The Perils of the Court System !

Every now and then the justice system gets things wrong and an innocent person gets convicted and sent to prison.  There is a general presumption that they will be awarded compensation in such cases, but a lot depends on how their claim is handled.

Such is the situation facing Gordon Wood who was charged with murder when the body of his girlfriend, Carolyn Byrne was found at the bottom of " the Gap " at Sydney's South Head.  That case drew immense public interest because Wood was the chauffeur for controversial stockbroker Reve Rivkin and Carolyn Byrne was a beautiful fashion model.

The case hinged on whether this death was murder - or suicide.  It contained controversial evidence from a body trainer who contended that Ms Byrne's body could not possibly have landed in the position found if she had jumped.  That position could only have occurred if she was " thrown like a spear " by a strong person.  Photographs of the scene tendered showed bush growth would have prevented Ms Byrne running to the edge to launch herself far from the cliff-face.

Mr Wood was found guilty and sentenced to a thirteen year prison term and served more than three years behind bars before his appeal was heard.  That " spear throw " contention was seriously challenged and it was found that the photograph of bush growth was from an entirely different period.  At the time of her death Ms Byrne could have run to the edge and launched herself into space.

At the appeal hearting the judge found Mr Wood was prosecuted " without reasonable and probable cause " and made findings highly critical of Crown Prosecutor Mark Tedeschi SC. but dismissed Wood's claim for damages.  Mr Wood then sued the State of New South Wales for malicious prosecution, claiming millions of dollars in damages.

It is said that the wheels of justice grind slowly and that is certainly so in this case.  Mr Wood is now 57 years old and Ms Byrne was just 24 when she died.  The charge of murder first went to court in 2008 and Mr Wood's appeal was heard in 2012, at which time the guilty verdict was found to be " unreasonable " and suicide could not be excluded.  Mr Wood was then acquitted.

Mr Wood launched a further appeal against the dismissal of his damages claim and that reached conclusion  in the Court if Appeal this week.  The finding handed down found that " malice was not  established " and Mr Wood's appeal was dismissed.  In fact, Mr Woods was ordered to pay court costs.

It serves as a timely warning to all those folk who think that to be wrongly convicted of a serious legal charge will result in compensation for the time spent in prison.  That depends entirely on the nature of the claim, and if you get that wrong you may end up saddled with the costs of the court action.

Such is the mysterious and labyrinthine evolution of the justice system as it considers individual cases on their merit  !

Saturday, 21 December 2019

The " Thought " Police !

Under the rule of Xi Jinping, China imposes strict control over what it's citizens are allowed to " see " and " hear ", and now that is being extended to cover what they " think " !    The charter of several of its most famous universities has been altered to abolish " freedom of thought " and to relegate  " academic independence " to a lower priority than " patriotism  ".

When this change to the charter of Fudan university in Shanghai was made public the media was quick to remove any criticism from China's heavily censored internet.  It seems to be the aim of the government to mesh patriotism to the Chinese nation with patriotism to the ruling Chinese Communist party.

Another part of Fudan universities charter was changed to pledge party allegiance. " The university adheres to the leadership of the Chinese Communist party and will fully implement the party's educational policy ".

Critics see this as a threat and claim the change will " weaponize the minds of teachers and students using Xi Jinping's socialism ideology with characteristics of China in this new era."   It certainly opens the door to putting obstacles to forms of research which are deemed " contrary to Communist party policy ".

Perhaps China is learning something from the riots occurring in Hong Kong.  It was a law change to allow Hong Kong citizens to be forced into mainland China to face court for their crimes that brought more than a million citizens onto the streets week after week to protest.   When police violence escalated it was a hard core from the universities that took the protest into open warfare.  A student nucleus were prepared to face death in their struggle to maintain the freedom granted under the " one country, two systems " plan negotiated when Hong Kong passed back to China when its lease expired.

It must occur to the Chinese government that the vast trove of young Chinese men and women studying overseas at western universities are being exposed to thought that is anathema to Communist party dogma.  The control measure available to the Communist party is their explicit domination of both the job prospects and social standing of family members who remain in China and are under Communist party control.

What is not forgotten are the days of Chairman Mao and his " little red book ".   The convulsions of the " Cultural revolution "  put China back decades as " Red Guards " rushed to implement the thoughts of Mao by brain washing academics.   Anyone with intellectual capacity was sent to do menial jobs in the countryside to improve their outlook.  That was a disaster for China which the present rulers would be wise not to repeat.

This move to implement thought control could have unintended consequences.  Eventually China may have to impose travel restrictions because its best and brightest will have an urge to live and work overseas where academic freedom welcomes innovation.   Once that travel door closes China will face the same malaise that eventually brought an end to the Soviet Union.

Thought control is a pathway to stagnation !


Friday, 20 December 2019

Reforming Canon Law !

For many centuries the Catholic Church has insisted that the Canon law that governs the conduct of all within the church takes precedence over civil law in whatever country this applies.  Until now, Canon law imposes a requirement of secrecy when priests are accused of sexual misconduct with children.  Canon law specifically imposes  a veil of " pontifical secrecy " on abuse related  accusations, trials and decisions.

That has been widely used to stifle civil law investigations of sexual assault involving children. The most severe punishment the church can impose is for the offending priest to be defrocked  and dismissed from the clerical state.  In reality such priests were simply moved to another diocese  where they were often discovered to reoffend.

The Catholic Church has come under intense criticism in many parts of the world over its inaction in stamping out paedophilia.  Now 83 year old Pope Francis has abolished that " pontifical secrecy " requirement of canon law.

Under this new structure the Vatican still does not mandate reporting such crimes to the police, saying religious supervisors are obliged to do so where civil reporting laws require it.  It is a vast step in the right direction because it has removed the mechanism of division between canon and civil law that church officials so readily used to impose secrecy wherever paedophilia surfaced.

Another aspect of canon law that has been changed is the age at which the Vatican considers pornographic images of children to constitute child pornography.  This has been raised from fourteen to eighteen and as such it now meshes consistently with civil law.

For too long the Catholic church has virtually ignored sexual deviation within its ranks.  The good name of the church has taken precedence over the welfare of the victims and this has resulted in both police and the legal establishment being prevented from bringing offenders to justice.  The harm paedophilia imposes is ongoing as illustrated by the age of victims seeking redress in the courts.

We live in an ever changing world in which  the church finds itself straddling two societies.  In the west old shibboleths that governed homosexuality and same sex marriage have changed the social order in ways that would have been unimaginable half a century ago, and yet in emerging societies there remains an ingrained conservatism that rejects such innovation.

Pope Francis has applied wisdom in dealing with conflicting ideologies but is finally coming to terms with paedophilia within the church's own ranks.

Thursday, 19 December 2019

When Religion Rules !

When the " Raj ", the British rule of India came to an end in 1947 it was obvious that the two main religions would not live in peace together and so the sub-continent was split into two separate countries.  India was ruled by the Congress party with leanings to its Hindu majority and Pakistan became a Muslim nation.

That became a period of serious discord.  Millions of people were uprooted as their religion forced them to move to a state appropriate to their religion and this exodus was beset with dispossession, rape and murder.  It is estimated that more than a million people died in the upheaval and the two nations remained at odds over the tiny province of Kashmir.  This is the only part of India that still has a Muslim majority.

India and Pakistan have gone to war with one another several times.  Their relationship is still hostile and both nations are now equipped with nuclear weapons. The Congress party rule of India had a socialist flavour and was long headed by the Ghandi family.  Eventually, the voters tired of its lack of direction  and the Bharatiya Janata party (BJP) came to power with Narendra Modi as prime minister.  This year Modi won a second term.

The BJP exalts Hindu nationalism and while India was a secular state that tolerated many religions during Modi's rule its identity has swung sharply behind the Hindu majority.   The problem is that during partition in 1947, not all of India's Muslims moved to Pakistan.  Some chose to remain as a minority in India and today that represents fourteen percent of the Indian population.

As Modi has consolidated power his government's decisions have heavily favoured Hindu thinking. His government is showing hostility to Muslims remaining in India and it seems evident that Modi would like to continue the exodus to the point that India becomes an exclusively Hindu nation.

Both the tax system and the allocation of pensions require a uniform method of personal identification and for the first time many Indians are required to obtain something similar to our  tax file number.  This raises the question of citizenship.  It seems that the BJP is putting obstacles in the way of Muslims proving that they are Indian citizens, despite a family presence in the nation that goes back many generations.

Modi is popular and his term in office has seen reform of the ageing border tax regime between states favoured by the Congress party. This requirement that all citizens must prove their citizenship eligibility will be a weapon to deny Muslims citizenship and force them out of the country.  At this stage, that weaponry is being directed exclusively at Muslims but the Modi doctrine may eventually prevail to make India a country subjected to Hindu religious law.

It is yet to be seen how this directional change will sit with the rest of the world.




Wednesday, 18 December 2019

New Alcohol Limits !

Here we are on the cusp of the festive season and the National Health and Medical Research  Council (NHMRC) has released its latest edict lowering the safe limit for the consumption of alcohol.  To stay within their guidelines  it is now necessary to limit the drinks that contain alcohol to just ten drinks per week.  That is a retreat from the previous fourteen drinks a week limit.

This warning arises from the analysis of statistics.   Every year more than four thousand Australians die due to alcohol related conditions or injuries.  Alcohol causes about seventy thousand admissions to hospital annually and accounts for between ten and fifteen percent of emergency room presentations.  Alcohol is linked to more than sixty medical conditions, including several cancers.

The NHMRC is quite explicit in suggesting we limit ourselves to just four such drinks in any one day to achieve that total of ten drinks in the one week, and even that limit is too much for  pregnant women.  Quite obviously the NHMRC is saying that to achieve the best health outcome we would be wise to avoid alcohol entirely.

It repeats the previous warning that alcohol should be removed entirely from consumption by children below the age of eighteen.  Some parents permit children to have a small glass containing alcohol at family meals in the interest of developing a " safe limit " outlook but the NHMRC warns that increases the risk of alcohol related conditions forming in later life.

This warning comes with a clear definition of what constitutes a " standard drink ".   That is based on a measure of 30 ml of spirits or 285 ml of full strength beer.   It is not the size of the glass it contains that counts.  It is the measure of alcohol that is contained in the glass that needs to be taken into account.

According to that formulae, a person who celebrates Christmas dinner this year with four drinks containing alcohol would need to  reduce consumption to just six more drinks for the rest of the week to stay within the limit.  As a rough measure, half as bottle of wine would be enough to reach the daily limit for each person.

Of course, health is a personal decision that each of us must make and a mixture of better diet and the great advances of medical science have extended the average lifetime to the extent that many people now achieve their hundredth birthday.   Good luck plays an important part in achieving such longevity but it is the quality of life achieved that is the measure of success.

Some would considcer a life that is not joyful as a wasted life  !




Tuesday, 17 December 2019

The " Phoenix " Sting !

The way the law is setup in New South Wales the investor who has the misfortune to buy an apartment in a bright and shiny new building that develops a construction fault may see the promoter walk away and leave him or her with the entire repair bill, and sometimes that can run to many millions of dollars.

It all starts when the person proposing a new building registers what is known as a " Two Dollar company ".   The financial liability of that company is just two dollars but it negotiates contracts that result in a multi apartment high rise building being constructed and the individual apartments sold to unsuspecting buyers.

When a building fault becomes apparent that two dollar company is wound up.  It has already received the profits from the sale of the units, but it lacks the financial ability to fund the necessary repairs.  This is known as " Phoenixing " when the same people who owned that two dollar company that failed set up business by registering another two dollar company in a different name and reengaging in new construction work.

That is a clear breach of the law when it can be proved that the company was deliberately wound up to avoid paying debts such as tax or GST but compiling that proof is usually beyond the ability of the aggrieved owners of the faulty units.   Often this " Phoenix phenomenon " is  compounded when both the promoting company and the actual builder are both two dollar companies and both bail out before the fault can be determined in court.

One of the complications to a solution is the fact that company law which permits two dollar company is a Federal matter and is settled in a Federal court while control of the building industry is a state matter.   This control discrepancy is seeing the use of these two dollar companies widely used throughout all aspects of the building industry in Australia with consequent loss falling on the shoulders of unit owners.

One promising proposal to stamp out phoenixing is the allocation of a registered number to identify the directors of two dollar companies. Anyone associated with the winding up of a building company in suspicious circumstances could have a life ban on any further involvement in any form of company management.

It is also recommended that the two percent of the contract price for building construction retained after completion for the repair of faults be sharply increased.  In fact, if the majority of the profits from a building construction be held in escrow as a guarantee of building stability and only released according to a time frame it would go a long way in curbing shoddy construction practice.

The very nature of two dollar companies is abuse of the " fair play " principle and should deliver a warning to apartment buyers to be very cautious !

Monday, 16 December 2019

The Best of British Luck !

The British general election is over and there is no doubt it delivered a resounding win for prime minister Boris Johnson.  The Conservatives surged to a plurality of seats not experienced since the reign of Margaret Thatcher and that delivered a clear mandate for the United Kingdom to leave the European Union.

Depending on how you view the result, it either changed everything - or it changed nothing !  The terms under which Brexit will happen are yet to be negotiated and when they are independent Britain will have to learn to live in a world where financial success depends on what trading terms it can establish with the rest of the world.  There is every reason to think that the EU countries will have good reason to make things difficult to reinforce the solidarity of the trading block and discourage other countries of thinking of leaving.

Britain has a monopoly on financial services from the days of empire and London is clearly the financial capital of Europe.  Britain has an entirely different currency to the rest of Europe and there is no doubt that both France and Germany will seek to dismantle that monopoly in favour of their own financial centres.  That will put at risk a huge quantity of very well paying jobs centred on the city of London.

The other big unanswered question is the future of Scotland ?  The Conservatives made small gains north of Hadrian's Wall but the vast majority of Scots held firm to Nicola Sturgeon's SNP and she is demanding another referendum on Scottish independence.  Boris Johnson has vowed to block that and he has the numbers to achieve that but probably at the cost of the sort of insurgency that has wracked Spain when a similar bid for independence for Barcelona led to intervention by the army. The fact that the SNP won 48 of the 59 seats in Scotland gives a clear view of Scottish loyalties.

Then there is the Irish question  ?   There are elements within the IRA which would welcome a return to the " Troubles " and the stability in Ireland is only skin deep. Johnson may manage to cobble together some sort of compromise on that border question but a British ruled enclave will be an affront to Irish sovereignty as lone as it remains.  It seems to be a case of an unmovable object meeting an irresistible force in the minds of both sides.

Perhaps the greatest loser in this election was the Labor party. Jeremy Corbyn, its leader with nationalistic aspirations was utterly destroyed and has vowed to resign.  A lot of Labor voters cast a vote for the Conservatives for the first time in their lives.  That changer of allegiance is only temporary and should Johnson turn to Thatcher characteristics Labor could revive massively under a new, charismatic leader.

Brexit set Britain on a collision with its own destiny.  A deeply divided country made a decision without a clue about what the decision would deliver and not even Boris Johnson can accurately  predict how the country will emerge five years from now.   For the people of Britain it is a matter of waiting to see what the Boris era delivers  !

Sunday, 15 December 2019

Meteor Shower !

Did you notice anything unusual about the sky last night  ?  There were a lot of meteors or " shooting stars " as they are commonly called and they are quite harmless because they burn up before they reach the ground.

This is what is known as the Geminid meteor shower and it shows up every year with regular reliability.  It is a natural phenomenon caused when  planet Earth's orbit crossers the trail left by big asteroid 3200 Paethon.   This takes it close to the sun and as the rocky mass heats to about 700 degrees tiny fragments come loose and burn as they come into contact with the Earth's atmosphere.

It happens from about midnight, but the best viewing time is between 1 am and 4 am.   The darker the sky the better the view, but this is also the time of the full moon and the light glow from a city the size of Sydney tends to diminish the images.  Viewers also needs to allow their eyes to adjust and avoid looking at things like their phone while that is happening.

The main requirement to view this astral spectacle - is patience  !   A lot of people spend just ten minutes outside and complain that they " didn't see anything ".  That disappointment is because they did not let their eyes have the time to adjust after coming out from the bright lights within their house.  It is also useful to record the show by using a time lapse camera with the lens fully open for a reasonable length of time.

As the Earth's orbit passes through the trail we are treated to a heavenly display.   Hundreds of bright meteorites travelling at a speed of about thirty kilometres per second flash across the sky and as they encounter out atmosphere this friction turn them incandescent and most burn up long before they reach the ground.   It is probably the most impressive light show of the year.

You may wonder why you are being reminded of this now it is over ?   The reason is because it is not over.  Mother Nature has booked a double billing.   That meteor shower will be again showing in the night sky tonight.

Perhaps a good reason to set the alarm as a reminder to watch nature's celestial fireworks display where you don't even have to buy a ticket.

Saturday, 14 December 2019

Crooked Cops !

Oversight of criminality within the police force goes by many names.  Devotees of the many television crime shows refer to is as " Internal Affairs " but here in New South Wales the integrity within the force is maintained by the Law Enforcement  Conduct Commission ( LECC ) and that critical organization is about to have the funds available pruned back by  six million dollars.

That " Do more with less " maxim is being applied in all government categories and this cutback to their $22.3 million budget will probably increase the flow of illegal drugs on city streets.  This watchdog of police morality admits that the main manufacturer of illegal drugs in New South Wales are bikie crime gangs and that is not possible without the leak of inside information about investigative tactics coming from within the police force.

The problem is that the manufacture of methamphetamine is a gold mine for the organized criminal gangs that the bikie movement has become, and with that sort of money at their disposal handing a wad of money to a compliant cop for inside information is simply part of the cost of doing business.

Our police are well paid but the average police family has the same problems as the rest of the community.  They struggle to pay mortgage repayments brought on by the price escalation of houses and their work brings them into close contact with criminals.  The criminals see those payments as " insurance money " to ensure that drug supply remains ahead of the best efforts of the cops.

A spokesperson for the LECC stated that these bikie gangs are very sophisticated criminals, who have become paranoid since the 1995 Wood Royal Commission  into police corruption.  It is simply impossible that they can become the largest manufacturers of methamphetamine without some degree of inside information.

Obviously, the job of the LECC must be to closely examine the lifestyle of individual police because that sort of money usually shows in spending that is inconsistent with salary.  Perhaps that police family is in the habit of tasking unusually expensive holidays.  Perhaps the family car has suddenly become elevated into the very expensive luxury category.  It would be as very unusual cop who could simply stack cash away unused without the slightest change in living style becoming apparent.

Getting caught divulging sensitive police information brings instant dismissal and  probably a term of imprisonment.  The only way this information flow will cease is if LECC has both the funds and the ability to prove that spending habits exceed the salary bracket of the officer involved and that can only be achieved if the investigative budget is adequate.

Knowing that we have a criminal infiltration within the police force, this is not the time to cut back their investigative budget !

Friday, 13 December 2019

Emergency - In Emergency Care !

It is understandable that hospital emergency departments would suffer patient overload while the eastern seaboard of Australia is wreathed in smoke from bushfires in Queensland and  New South Wales.  Sydney has resembled Beijing as visibility stopped the ferries on the harbour for many hours and people resorted to face masks to ease breathing difficulties.

Quite apart from this present emergency, the number of people presenting at state hospital emergency departments has increased by 6.6% over the past year,  The statisticians figures reveal that in the period July to September 764,610 people walked through the doors and that was an increase of 47,059 on the previous year.

What is alarming is the number of critically ill patients going to emergency departments is rising faster than population growth.  That is putting timelines of care under pressure as more patients waited too long for treatment. New South Wales emergency departments recorded their worst timeline-of-care results in five years.

Three in ten patients were not seen in the recommended time frame and almost a third of all patients spent more than four hours in an emergency department.  The median time patients spend in emergency departments was three hours and one minute and one in ten patients  spent eight hours and six minutes.

Ambulance crews were also responding to an elevated call out rate and responded to 320,000 calls in the three months period under review and this represented an increase of 7.6% on the previous year,
Patients brought in by ambulance  waited longer than thirty minutes to be transferred from paramedics to emergency department staff.

It is obvious that demand for emergency treatment is moving far beyond the plan that hospitals were  designed and built for.  The fact that emergency treatment is without charge has a lot to do with presentation numbers. Some people present to have cuts and bruises attended that would be better served by a visit to a General Practitioner but go to the emergency department because that is a free service.

There have been remedial plans such as establishing a bulk billing GP clinic adjacent to emergency departments so that the triage nurse that greets incoming patients could direct the flow  consistent with the need, but these have not been forthcoming.

Time to go back to the drawing board because there is every indication that this overuse of emergency departments will continue to increase.  Without relief, emergency departments will eventually become unworkable  !

Thursday, 12 December 2019

Mental Illness Stigma !

Even the enlightenment of the twenty-first century has not entirely eclipsed the shame which some people associate with mental illness.  We use a lot of different terminology to mask it and today people both live and work in the community with what has become a very treatable condition, but it was not always that way.

Our first mental hospital opened in 1838 and was known as the Tarban Creek Lunatic Asylum, situated near the aptly named Bedlam Point in Sydney.  The name was later changed to Gladesville Mental Hospital and before its closure it was home to 1,200 patients.    There are more than three hundred unmarked graves within its grounds because in that era the mentally ill could not be buried in consecrated ground and it was thought unnecessary to conduct a burial service,.

The thinking was that the public needed protection from the mentally ill and hospitals such as these were configured more for containment than for treatment.   They were grim and hostile places and as patients deteriorated they progressed to the far reaches of the building, and eventually to one of those unmarked graves.

The drug industry has developed some very efficient medication to restore mental health and today it  is more likely to be treated from a suburban or regional hospital than a large institution. Even the smaller hospitals have a few mental health beds in a closed ward and evaluation and treatment gets a degree of privacy.  In the majority of cases the patient continues in paid employment.

Unfortunately, this treatment method is based on the patient continuing to take the drugs which control the illness and that is something that is often discontinued, leading to a relapse.  If that involves violent behaviour or becomes unmanageable it involves the police and many of the mentally ill then find themselves serving a prison sentence.  The prison system has become the institution to contain - but not treat - the mentally ill.

Evaluation of the prison population has revealed that at least twenty percent of those behind bars are suffering what can be described as an untreated mental illness.  They are not under care for that illness nor are prescribed drugs reaching them within that system.  When their prison term expires, they will be released untreated.

If the prison system has simply become the replacement for Gladesville then it surely  deserves medical health services to continue behind prison walls.  It guarantee that treatment will be taken for the length of the sentence and the chance of reoffending reduced.  The money spent on providing mental health services within prisons could be counter balanced by a reduction in prisoners passing through such institutions.

We have come a long way in reducing the stigma attached to mental health, but it seems that an opportunity for progress is still being ignored  !


Wednesday, 11 December 2019

Defamation Law Revew !

We have recently had a spate of defamation cases concerning what may be described as " national figures " and for the first time many of these are being heard in the Federal court.  Before 2012 the Federal court had not made a decision in a defamation case because these had been exclusively conducted in state courts.

There is a difference which might affect the outcome.  There are inconsistencies in state laws against defamation and where a case is heard in the Federal court there is a near guarantee of a judge only trial.    In the state court system either party usually have the option of having the case heard before a judge and jury.

Plaintiffs are able to start action in the Federal court by demonstrating that publication occurred in the Australian Capital Territory or Northern Territory which is usually the case when major media outlets are involved.  When the action is against a major newspaper group the outcome will be of interest to all sections of the media and will be widely reported.

In recent times defamation cases that attract public interest have included Geoffrey Rush bringing action against the Daily Telegraph, businessman Chau Chak Wing against Fairfax Media and former Federal treasurer Joe Hockey against Fairfax.

The Attorney General is conducting a shake-up of Federal laws to prevent plaintiffs from " forum shopping " to boost their chances of winning.  The issue being targeted is the discrepancies in state defamation laws and the need to bring them into consistency for the internet era.

Victorian barrister Mathew Collins QC who acted for Fairfax in the Hockey case endorsed the recommendation to remove the incentive for forum shopping.  "  It is highly desirable that there be uniformity between the different jurisdictions that can hear and determine defamation actions ", he said.

Other key proposals for this review include a " serious harm threshold " for claims, a single publication rule to ensure a one year window for claims, improved pathways to encourage settlement  without litigation, a new defence for responsible communication  of matters in the public interest and limited payment for successful claims.

Obviously this will require cooperation between the states and the Commonwealth to achieve the required degree of uniformity.  The draft recommendations will be open for pubic consultation until  January 24.

Tuesday, 10 December 2019

Sydney " Skyscraper " Decision !

The tallest commercial structure on the Sydney skyline is Sydney Tower with its revolving restaurants at a height of just 309metres.  This is a mere dwarf in comparison with the buildings in New York city, San Francisco and overseas places like Hong Kong.

Seen from the harbour, the city skyline is impressive, but our city is hampered by height restrictions that simple do not apply in most of the rest of the world.  Apart from Sydney Tower, our highest commercial building is  Chifley Tower at 216 metres and now the state government has signalled a height change that will allow new buildings to reach a height of more than 300 metres which will add another 24 storeys to the city skyline.

We are running short of office space and those extra stories will bring jobs that must otherwise go to  other Australian cities or to the fast developing twin metropolis of Parramatta.  We have just spent billions of dollars to reinvent trams and their purpose is to ease the journey in and out of the city for both workers and shoppers and this goes hand in hand with that additional office space.

This height restriction was the work  of State Planning and was set in the 1970's amid concern that our main airport was at Mascot and that air traffic might find tall buildings a navigation hazard is inclement weather.   The time factor in creating such tall new buildings meshes nicely with the construction of a totally new airport at Badgery's Creek and hints that Mascot may have a change of status when that is completed.

Those height restrictions were a safety issue back in the days of propeller driven aircraft when the flying was actually done by the pilots.  The modern jet aircraft are flown by computers and on ground instrumentation guides the incoming aircraft to the correct angle of descent automatically.  They fly well clear of the city centre and tall buildings are no longer considered an air hazard.

Now those height restrictions have been abandoned Sydney has lost the shackles that is preventing it becoming a " world city ".   It is the jaw dropping building heights that visitors come to see that is part of the allure of world cities.  They have a momentum of their own which makes them exciting to visit because many of their citizens both live and work in the metropolitan hub.  A world city is often tagged with the epithet of " the city that never sleeps ".

Sydney is Australia's largest city and it can no longer expand outwards because of the sea to the east, the Blue Mountains to the west and National parks at both north and south.   The only option - is upwards.  This planning rule change insures that will happen  !

Monday, 9 December 2019

Private Health Insurance !

A lot of people are under pressure because wages have become stagnant in relation to living costs.  Wage increases related to cost of living are not trickling through to many people and while employment figures are steady, a lot of the employed are working far less than the hours they would desire and their income falls short accordingly.

From the first of April next year there will be an increase in the price of private health insurance, and the good news is that this increase will be lower than expected.   If fact at an average 2.9% it will be the lowest increase in nineteen years, but it will cost the average single citizen  an extra 68 cents a week and a family cover $ 1.99 more.

It is inevitable that some people will drop their insurance cover and revert to having their medical needs catered for in the public health system.  The big difference is that with health insurance the patient gets to pick the doctor of their choice, while Medicare patients are treated by the doctor performing that duty in a public hospital.

It is a fact of life that some of the best surgeons reserve their time to serve in private hospitals where medical insurance can cover the amount they charge for their services. Medicare patients in public hospitals get that operation without charge and often share a four bed ward with others for after surgery care.  It is generally conceded that a stay in a private hospital has the benefit of more comfort, privacy and better food.

There is also a significant time factor.  A privately insured patient can usually get immediate treatment while there is a waiting list in most public hospitals.  Should a significant number of people lapse their private insurance over this cost increase and rely on the public system it is inevitable that waiting time for operations will increase.

There is still competition between the various health funds and this time the increase ranges from 1.98 % to 3.39 % so families can shop around for the best price.  There is the expectation that most private health insurance will be retained because access to the doctor of their choice for surgery without delay is a very important aspect for both individuals and families.

The public health system gets a lot of unwarranted criticism.  When an ambulance attends an urgent health problem the patient is taken to the nearest public hospital emergency department for immediate life saving surgery.  Often, that is a privately insured person who opts to be transferred to a private hospital for recuperation.

The issue that underpins private health insurance - is choice. The decision of by whom they will be operated on - and where remains the prerogative of the patient, and that is something on which many people place great value.

Saturday, 7 December 2019

An Important Defence Decision !

The Defence budget is a big ticket item on the Australian economy and it is important that it be spent wisely.  We are well on the way to acquiring a fleet of twelve new attack submarines which we hope will guarantee sea safety access to our northern export markets.  The shells of these submarines will be constructed overseas and they will be fitted out in Australia.

South Australia has long been the designated site for submarine construction and maintenance in Australia and we have six ageing Collins class subs serving in the Royal Australian Navy.  They have been a disappointment because they did not age well and it is rare to have more than one ready for sea duty at any time.   They will still be required to shoulder the defence load while this new fleet is fitted out and the Defence Department is considering whether the extended work on both classes of submarines will be possible within the facilities existing in South Australia.

There is the suggestion that maintenance of those Collins class submarines be moved to the submarine base in Perth, Western Australia and that seems likely to develop into a political fight. There are seven hundred jobs involved in servicing the Collins class subs and state premiers will. fight tooth and nail to keep those payrolls in their state.

That decision will be made by the eight members of the National Security Committee of cabinet, of which three are from Western Australia and on which South Australia lacks representation.  Already compromise is being suggested with the thought that perhaps the " blue collar " maintenance workers be moved to Western Australia while the " white collar " engineers stay in Osborne, South Australia.

That seems a recipe for disaster.   The idea of separating the people who plan the maintenance work from the people who carry out those plans by the width of the Nullaboor Plains is certain to result in mistakes and misunderstandings.  It is essential that both planning and maintenance operations work hand in hand and the South Australian work site will increase in work intensity from 2024 when the first of the new subs arrive for fitting out.

As soon as those new subs become operational the old Collins class boats will be decommissioned and taken out of service.  The people doing their maintenance will have the right skills for retraining to service these new boats which will provide Australia with the defence needs essential in a modern navy.

The problem is that mixing politics with defence decisions usually creates short term solutions to long term problems.  Those who fail to learn from history are destined to repeat the same mistakes. Wisdom is essential in making this decision  !

A Welcome Law Change !

The Australian High Court has handed down a finding that prevents the police putting a citizen under arrest unless they intend to proceed to laying a charge and that will have a profound effect on civil liberties.

This decision actually came from an appeal by the State of New South Wales against a lower court order that upheld that principle but our highest court decided that " arrest cannot be justified where it is merely for the purpose of questioning ".

The case was brought by a man who was subject to an apprehended violence order.  He was arrested by a New South Wales Police constable, questioned and released without charge in 2013.  The court found that Police had no intention to charge him when he was arrested.

This High Court decision confirms that arrest is an extraordinary power involving the deprivation of liberty. which should only be used as a last resort.  The arrested person was put under  pressure to talk to police as a result of the trauma and stress of being under arrest.

A NSW police spokeswoman said police had noted this High Court decision and will be considering the judgement and its implications, but it seems that the wide practice of arrest and release without charge has been removed from the law books.

It is quite possible that this will result in a change of police tactics.  There are many virtually unenforced laws that a police officer could use to justify an arrest that failed to provide expected evidence.  Failure to cross the road at a marked pedestrian crossing is termed " J-walking " and such a charge would bring a small fine.  This law would be circumvented whenever minor infringement led to the laying of a charge.

Perhaps this will have its biggest implication in the area of strip searches.   Should a person indicated as having drugs on their person by the actions of a sniffer dog refuse to take off their clothes the police would normally put them under arrest.   This law change throws open the extent of police power when it comes to the average persons notion of modesty.   It is a vast violation of the rules of society to require a person to strip naked in front of complete strangers and undergo the intimate investigation of their genitals.

It seems certain that this will be put to the test at the next music festival when someone selected for a search refuses  !

Friday, 6 December 2019

Holiday Medical Insurance !

Australia is a popular holiday destination for much of the world and tourists consider it a safe place to visit.  In the event of a sudden illness or accident  there is the expectation that an ambulance will be called and they will be treated at one of our hospitals.  Not all tourists have accident and health insurance and when most visitors get on a plane and go home those bills are often unpaid.

In an average year about sixteen thousand Medicare ineligible patients are treated in hospital across the Australian states, leaving behind sixty four million in unpaid bills.  Last year twenty million of such debt was written off as unrecoverable.

We do follow up with bills to visitors who have returned to their home country and often the debt is repaid by way of extended time payments.  Unfortunately, many visitors think that the Australian health system is free of charges and we have recently conducted an advertising campaign at entry points to dispel that mirage.

Exactly the same situation occurs to Australian tourists overseas who experience an accident or illness that necessitates hospital treatment.  The bills follow them home and in the event that they need to be evacuated in an expensive air ambulance they can become stranded in a foreign country. Often, this results in a public appeal to raise the necessary money.

Refusing an exit visa to tourists with unpaid hospital bills is not an option.   An unexpected medical bill is an unplanned event on a touring holiday and we would not want to add to the distress by placing obstacles to exit.  Such people would quickly be classified as " over staying their visa requirement " and held in detention centres.

That would run contrary to our expectation that tourists are welcome to enjoy the pleasures of an Australian visit as long as they obey our laws and leave on time as planned.   There is the expectation that an unplanned medical bill will be taken care of once they are back in their home country and can make the required financial arrangement.

It would be wise to have adequate medical insurance available at the place of entry.  Most travel insurance is complex and costly.  It should be simple to insure against most medical costs incurred on a visit within a reasonable price range at a relatively low premium for the length of the visit.  It is obvious that at present the majority of our visitors are not insured.

Cover for medical costs during a short period of time should be an acceptable risk for the insurance industry as most tourists complete their stay without incident.  The more attractive we make such cover, the less unpaid hospital bills will apply to our tourist industry.

Thursday, 5 December 2019

Dumbing Down !

PISA stands for " Programme  for International Student Comparison "  and is conducted every three years. It is a valuable guide to show how our education system is performing in comparison with the other countries of the world.  Unfortunately the latest results indicate that Australia has moved down the scale when it comes to  maths, reading and scientific literacy, and the biggest retreat has been in New South Wales.

It should cause alarm that the latest test results shows that Australia trails other world countries except Finland. We are three years behind in maths, a year and three months behind in reading and a year and nine months behind in scientific literacy.  What is even more alarming is comparison with the first PISA test conducted in the early 2000's.  Todays fifteen year olds are a full year behind the standard set at those tests by Australian students.

Clearly, the kids from Asian countries are out performing us and the PISA leaders are Hong Kong, Macau and Japan.  Perhaps it is because the standard of living has improved across Asia that Asian parents take education very seriously.  School achievement is a big issue in Asian households and this is reflected in PISA comparisons.

What is not clear is the reason our education system is falling behind  ?   By Asian standards, our school days are short in comparison and we devote time to sport and physical training.  The use of smartphones and similar electronic devices certainly infringes on time spent reading books and technology today replaces mental activity in solving day to day mathematical problems.  Perhaps we need an upgrade in teaching standards.  Teachers require a university education but it is equally important that they approach that task with the right mental outlook.  The characteristic of a great teacher - is enthusiasm for the task.

It is quite clear that job expectations for the future will evolve into higher learning needs. Already low skill jobs have declined sharply and we are encountering an under supply of qualified people to serve the job opportunities offering.  It is clear that automation will replace many jobs, but that same automation will require skilled people to construct, service and work those machines and it is education that provides the skills to meet that need.

This PISA result is a wakeup call.   Australia is known world wide as the " lucky country " but we also need to be known as the " clever country ".  To meet that achievement we need a more focussed approach to improving our education system.   We need more parent interest in their children's schooling and we need teachers who consider their work as a career and not simply a job.

Put simply, our place as the leading trading nation in south east Asia is at risk if we do not apply more effort to upgrading our education system  !

Wednesday, 4 December 2019

Ending Strip Searches !

We are well aware of eras when police power spun our of control.  In Hitler's Germany it was the Gestapo.  During Stalin's reign in the Soviet Union it was the NKVD and few East Germans will ever forget the intrusive presence of the " Stasi  " !

The New South Wales police force is a well trained body of men and women who have spent months at the Goulburn police academy learning their trade.  Their job is to implement the law and it is disheartening to find that for well over a year they have continued to break that law by strip searching under age children without the presence of a parent or guardian.

The reason for these searches is to detect illegal drugs being taken into music festivals and the continuation of these searches  seems to be with the blessing of the police command structure.  This is an abuse of police power and it is time that this power was withdrawn.  It is quite clear that the police are misusing strip searches and in the vast majority of cases no drugs are found.

A strip search is a perversion of morals to most well brought up young men and women.  It is demanded that they strip naked in front of strangers and have their most intimate body parts examined for the presence of drugs.  What this induces is fear of the police and the present police commissioner has openly stated that " a little fear " is probably a good thing.

The police claim strip searches are a useful weapon in the war on drugs and without it death from drug overdoses would increase.  It can never be right to break the law in the interest of upholding the law and despite this perversion of the law the drugs are still getting into music festivals. We wonder how many young people now avoid going to music festivals because of fear of being strip searched at the entrance ?

This power to force a person to strip naked  delivers an ability to humiliate to individual police officers.  If they have reason to dislike anyone in the crowd that badge delivers  an awesome opportunity to force that person to perform a  humiliating act in front of grinning cops.  Refusal to strip would result in arrest on a charge of " resisting a police officer ".

What is evident is the lack of action over past incidents where the law was broken and under age children were strip searched.  No charges were laid and it is evident that no action will be forthcoming.  The people who have been forced to remove their clothes by an arbitrary order with no result found have every right to feel aggrieved.

It seems that an extreme and very aggressive bad law has found its way into use in New South Wales.
Time it was taken off the law books  !

Tuesday, 3 December 2019

NBN Signals Success !

The National  Broadband Network is years after its promised completion date and billions over budget and there are serious doubts about whether it will be able to withstand competition now that 5G is becoming a reality.

The intended purpose of the NBN is to provide every household and every business in Australia with access to fast data at a lower cost than is possible with mobile technology.  The usage figures for the past year show that exactly that is being achieved.

Total downloads over the network increased twenty-five percent last year and the average user increased NBN take-up to 258 gigabytes.  Usage was the highest in Queensland and the lowest in Tasmania, but across Australia NBN use made very satisfactory progress.

An interesting usage pattern is starting to emerge.  Demand is highest on Wednesdays and Sundays and activity peaked during the January and April school holidays.  Australia has changed its entertainment habits to the internet and streaming services are quickly replacing the usual fare offered on television.

The extension of NBN services has been matched by an aggressive campaign to recruit more customers by Foxtel and this is certainly reflected in usage figures.  NBN's chief technology officer reports that Australians are now consuming more data than ever before at home and at work. This is consistent with the government view that  NBN and 5G are complimentary technology.  NBN can deliver large volumes of data at a cost which is far lower than mobile technology.

Video streaming now represents the largest usage load in New South Wales and there is the expectation that two market segments will gain market access in the future.   They are  distance  job training and tele medicine.  The job market is ever changing and job seekers need to raise their education level to be keep pace with increased technology.  Medical services will need to adapt to distance consultation to adequately service the increased population numbers of the future.

A twenty-five percent increase in user access in one year is a big jump in NBN use and augers well for the future.  The very fact that it is there and in place will accelerate the bright minds to develop services far beyond our present imagination. It is obvious that data will play an even bigger part in our future.


Monday, 2 December 2019

The " Noise " Problem !

Many of the Australian bands that have made it big on the world stage got their start playing gigs in suburban pubs on Sunday afternoon and gravitated from there to wider audiences.  That was weekend entertainment for a lot of suburban music lovers.  The pub was the social centre in most suburbs and it was welcome relaxation for patrons to have a few beers and listen to some interesting music before having to face the coming work week.

Such music has almost disappeared because obtaining a liquor license to serve alcohol now comes with so many restrictions that a live band is impossible.  Many pubs that used to host bands have been forced to cease because nearby residents object to the " noise problem ".  Even opening hours face restrictions because of the chatter of people leaving at closing time and the opening and shutting of car doors being considered a nuisance factor.

What we have seen in the recent past is severe restrictions imposed on venues where live music was traditional.  It takes just a few noise complaints from nearby residents and the liquor licensing act is used either reduce hours or restrict volumes.  In many cases the people complaining are new residents who bought in the full knowledge that living near a pub would be noisy.  It is possible that the price of their property was influenced by that noise factor and despite that advantage they are the most strident in demanding the noise cease.

Perhaps the most evident of that syndrome is the reaction of residents of Sydney's Milsons Point to the presence of Luna Park.   Milsons Point was simply bare ground when the Sydney Harbour bridge opened in 1932.  Three years later, Luna Park started construction of a harbour front amusement park and the land behind it began to house unit blocks attracted by the magnificent water views and panorama of the city skyline.  The price of these units was set according to demand.

The people living in those units are forever demanding that Luna Park either shut down, or severely restrict its opening hours.  They object to the construction of new rides and oppose the renovation of existing entertainment.  They say they are affronted by the sound of people enjoying themselves.  They ignore the fact that Luna Park was there when they made their buying decision and should it close the site would probably attract more high rise living that would block their views.

Where noise is a problem, modern building materials such as double glazed windows can reduce that noise substantially.  Luna Park has survived the relentless onslaught of winging nearby residents and now the state government is taking a new approach to this noise problem.  It is scrapping those live music bans in most suburbs and taking the approach that noise is something that people choosing to live in proximity to a pub must expect - and tolerate.

Hopefully, this will result in a wider dispersal of live music gigs and the emergence of more Australian bands.  It will also widen the entertainment scene in Sydney now those lockout laws have been revised and we will be unlikely to see such a concentration occur again like the problem that arose in Kings Cross.

The message is loud - and clear.   If you choose to live near a noise outlet - learn to live with it  !

Sunday, 1 December 2019

The Camera Overhead !

It took decades for the government to implement the laws that resulted in drink driving retreating to the levels that exist today.  We went from .08 to .05 and then random breath testing was the measure that enforced conformity.  We can be pulled over and tested - anywhere and at any time, and now that test will look for drugs as well as alcohol.

The risk assessors claim using a mobile phone while driving increases the crash risk to a similar level of a drunk driver.  Most people agree that the risk increases but we find the mobile phone such an insidious device that we continue to used it while driving. Now a detection measure is coming into play that may be as affective as those RBT laws.

From today, about ten fixed and mobile cameras will be turned on across the state and these will quickly escalate in number to  45.  They have the ability to discern the driver passing below and if they have a mobile camera in their hand or on their body they will incur a $344 fine - raised to $457 in school times - and a loss of demerit points.

That demit point loss has been set high to drive the message home.  Each offence will see a ten point loss, doubled in holiday periods when accident risk increases.  Those cameras enable both the car registration plate and the driver to be recognised, and both the fine and the point loss will be swiftly implemented.

The placement of two cameras in Sydney delivered a three month test during which those detected using a mobile phone received a warning letter in the mail.  During that trial it was made clear that having the phone in your lap with the speaker option mobilised is unlawful and will result in the fine and points loss.  The law requires the driver to devote their full attention to safely driving the car.

It seems inevitable that a lot of people are going to find themselves unlicensed because of this phone use penalty.  Driving without a valid license is a criminal offence and when license loss is entered into the police computers the patrol cars have the ability to read license plates in the car stream.  Expect cars registered in the name of a person whose license is cancelled because of points loss to be pulled over to check who is driving that car.

When RBT launched a massive check to detect drivers with alcohol in their system it took a long time to change old habits.  When that phone on the seat beside them rings, it will be an automatic urge to pick it up and answer.   The wise will learn to switch their phone off whenever they get in the car so that temptation is removed.  There will be no warning signs as to where these cameras are located - and mobile cameras can be sited anywhere.

From today those cameras are active and the public are warned that using a mobile phone in any way while driving will cost then money and put their driving license at risk.  This is a serious strategy to reduce the road toll and it will be ongoing.  Where holding down a job is dependent on having a valid driving license the temptation to use the phone can deliver calamity.

The risk factor of continuing to use a mobile phone while driving just rose to an unacceptable level  !