Defining " Crime " !

The New South Wales prison system is at crisis point.  Put simply, our jails are full and holding 12,140 prisoners and the overflow is now spending up to three hundred hours in the cells of police stations, with police officers tasked with both guarding them and ferrying in fast food to keep them fed.

We tightened bail laws after it was found that many granted bail were continuing alarming criminal activities and a " lock them up " mentality from voters put politicians under pressure.  At the same time, budget shortfalls led to the closure of Parramatta prison in 2011 and Kirkconnell in 2012 and the downgrading of Grafton.  To ease pressure, Kirkconnel has been reopened to provide 260 additional beds and Grafton extended to take an extra 90 prisoners - but our prison system is still below the capacity to hold those who are refused bail.

Corrective Services are contemplating increasing capacity by ramming three prisoners into cells originally designed to hold a single prisoner.  At present, such cells have been doubled up to hold two people and with three it will be similar to Sardines in a can.  Considering that many in the prison population have psychiatric problems and are seriously unbalanced, this will actually put prisoners in danger and elevate the liklihood of riots and bedlam that are a scourge of many overcrowded prison hell holes in other countries.

Prison should be the last resort available to a judge considering the sentence to be imposed on a person who has committed a crime - but defining a " crime " means many different things to different people.  Many people serving time in our prisons are guilty of  offences like habitually driving a car when their license has been suspended, while others are there for what really amounts to failure to pay money owing.

A " Community Service " sentence was supposed to weed out minor criminals from the herd and have them serve their time on a sort of weekend detention.  They would report at a given time to Corrective Services officers who would supervise them doing tasks such as clearing overgrown long abandoned cemeteries or doing civic projects that were beyond the financial resources of local councils.  This was partially successful, but many failed to show and it seems that this crowding problem prevented a prison penalty for such a failure to eventuate.

We need to consider an intermediate option that has been very successful in Scandinavian countries. Prisoners under sentence for non violent crimes and what are termed " social issues " serve their time on a prison farm with low security.   These are productive units tasked with supplying the needs of both the hospital system and other prisons and are a reward for good behaviour, but should a detainee escape, automatic imprisonment for a much longer sentence would be served upon recapture.

Our present prison system lumps together those who committed shocking murders with white collar criminals who fiddled the books and stole an amount of money.  The only differential is the grade of prison to which they are committed - with the very worst housed in the Supermax at Goulburn.  Our prisons are often termed the " University of Crime " because young men serving their first term often emerge as hardened criminals.  It would be helpful to break that nexus.

Isolation from family and friends is in itself a form of punishment and many would respond well to entering into a trust arrangement, serving time with lower security, but with the certainty that abusing that privilege will see them inside a very grim prison for a very long time.

Perhaps our " once size fits all " method of imprisonment needs thought !

Sharks - and the Economy !

The recent spate of shark attacks on the New South Wales north coast has caused people to avoid the water and this is having a detrimental effect on the multi-million dollar tourist industry.   A survey of eighty nine businesses serving that industry reveals that over fifty percent have seen a savage downturn in customer numbers - and consequently business turnover.

Hotels and resorts have seen a drop in booking numbers as customers choose a different mode of holiday and in particular, dive schools and surfing training clubs have seen numbers drop precipitately - the fear of sharks is the stated reason for cancellations.

This business community is hanging on by it's teeth with the start of summer just weeks away.  The promise of shark nets and other forms of water safeguards is critical to restoring confidence, but any form of surfer protection is being vigorously opposed by Global Warming alarmists and the Greens. Some scoff and attribute this drop in business to poorly trained business owners who fail to give good service and charge extortionate prices.

The Greens seem to think that the ecology should take precedence over the economy.  Great White sharks are at the apex of the food chain and anything that decreases their numbers is likely to hasten global warming.   According to that argument, sharks maintain the balance of other sea creatures and if their numbers drop we will see a vast increase in bottom dwellers - Stingrays, Turtles and Crabs - which eat the marine vegetation which sequesters huge amounts of carbon dioxide.   The odd surfer getting eaten by a shark is the price we have to pay for a cooler planet !

Marine scientists have not been able to explain why our north coast has been the venue for recent shark attacks, while a similar occurrence has not been happening in other areas.  It could be that the great schools of bait fish have chosen to swim closer to the coast, attracting the sharks to follow or it could be an expansion of Great White numbers making it necessary for these solitary predators to establish new territorial waters.

Plans are in play to try a variety of measures to try and deliver beach protection.  One of them will be shark nets off some beaches, but there will also be trials of bubble curtains and electrical inhibitors to persuade sharks to turn away from populated areas.  At the same time, visual sighting methods will be employed to give surfers early warning - and we may see the return of the old time " shark bell " to clear the water when a shark approaches.    Regular fixed wing aircraft and helicopters will surely convince many people that it is safe to return to the water.

The important thing is to get these protective devices in the water - fast.   Too much time is elapsing in argument over the various methods to be employed and time is being wasted hearing specious arguments from those opposed to any new measures.   These shark attacks may be a natural phenomenon associated with some unknown factor that applies to the north coast, or it may be a change of shark activity that will broaden over a period of time, but what we need for this coming summer is a trial of combative measures - in place quickly - to restore confidence and repair the damage that is being done to the economy.

What potential swimmers and surfers are waiting to hear - is that safety measures are now in place and being tested to repel sharks.   The sheer survival of many north coast businesses also depends on that happening !

Bat - Out of Hell !

Some people think they are cute !   Others of a more superstitious mind associate them with witches, along with black cats and broomsticks.   They are something that is rarely seen but every night in summer the skies over Sydney are alive with Bats on their journey from their roosting places in trees to feast on fruit - wherever that can be found.

We even have laws to protect them and many a development project has been shelved because it might interfere with Bats who have residence nearby.  Unfortunately, they have disgusting personal hygiene habits and anyone living near a Bat colony is well aware of the smell from their droppings and the dangers that they pose.

Their depredations cost fruit growers big money and even private citizens with a few fruit trees in their gardens know that the harvest will be lost unless they go to the trouble of putting nets in place to ward off Bats.  They are nomadic animals, and have a tendency to change roosting places with little notice, usually because food has become scarce in proximity to where they previously lived.

Unfortunately, the common fruit Bat is also known to be a carrier for Lyssavris, which is a disease very similar to Rabies.  Recently a WIRES animal handler encountered a Bat exhibiting very aggressive tendencies and this was found to be affected by Lyssavris and was put down, but there is every chance that this disease may spread through Bat colonies - and summer is the Bat breeding season.

Essentially Lyssavris is a disease with similar characteristics to Rabies - and it is fatal to humans.  So far this year 383 New South Wales residents have been treated for Lyssavris exposure and in every case the common source of the infection was by way of exposure to Bats.  It is quite possible that the climatic change associated with global warming may hasten the incidence of Lyssavris spreading through the Bat population.

It is worrying that we are seeing this form of aggression present in infected Bats.  It is a clear warning to avoid these animals and in particular children should be taught to not approach a Bat caughtup in any form of netting or which may have managed to snag itself on wire netting.  Handling any Bat should be left to the experts in WIRES who have the training and equipment to safely deliver aid to an injured Bat.

It also raises the issue of the existing Bat colonies scattered through Sydney and in other parts of this state.  From time to time new exotic diseases manage to make their way to our shores.  The Hendra virus with it's link to horses has caused the death of a growing number of people and this is tending to cripple riding schools and other horse interests.   It raises the question of what action the state should take when a new form of harm gains the potential to go on a killing spree amongst our citizens.

We are careful to screen the import of dogs from those parts of the world inflicted with Rabies - and Australia is thankfully Rabies free.    It seems likely that Lyssavris is close to tipping point and either a weather change or pure genetics may see it spread widely through the Bat population.

It would seem prudent to reevaluate both our attitude and the prevailing laws pertaining to Bats with this danger in mind !

" Off the Plan " Sales !

The ever increasing prices of Australian housing have made buying "Off the Plan " popular in this country, but in many cases the final outcome is not what the buyer expected.  The concept involved is quite clear.  A developer offers a proposed plan to construct an apartment building on a site that appeals to prospective buyers.  Glossy architectural drawings and illustrations extol the layout of apartments and the view that will be delivered and the buyer puts down a deposit and signs a contract of purchase before the first sod is turned.

In many cases, all this is before the relevant council has signed off on final approval for the plans and council by-laws may dictate change.  Building heights may become higher or lower and the entire aspect of the building changed to fit in with council rules and regulations.  It may even take a zoning change to allow construction to proceed - and in many cases the expected completion date may be extended by months - or even years.

In some cases, the chosen apartment may be vastly changed from the concept on which a deposit was paid.   It may contain less rooms or even move to another facing of the building, and in some cases the builder may opt not to continue with the deal and simply refund the deposit and call the deal off.  In that case, the buyer has lost the opportunity to live in that chosen suburb and position, and the deposit money has been unproductive while it has been waiting in limbo.

The amazing surge in Sydney unit pricing may have induced some developers to deliberately opt out of these "Off the Plan " contracts.  Ever rising prices mean that an apartment sold at a fixed price before construction can be resold at a much higher price when the building is eventually completed.  The loser is the customer who has patiently waited for his or her dream home to finally emerge, only to find the sale is off and the deposit returned.

Now the state government is tightening the Conveyancing Act of 1919.  No longer will the developer be able to cancel an Off the Plan contract without the explicit approval of the buyer.  The legislation is still being drafted and hopefully it may outlaw this form of sale until the plans for the building have actually been approved.  In some cases, the concept plans are way outside the present zoning for the area concerned and the height and floor ratios do not meet the relevant guidelines.  In such cases, it is unlikely that the concept plan will ever fully proceed and hence the offer of units off that plan is not realistic.

Many such developments are based on "an expectation of a rule change ", but that is not a valid reason for accepting a deposit and entering into a binding contract.  It is also hoped that these "binding contracts " will have teeth.   In cases where changes to the building cause a three bedroom apartment to shrink to two bedrooms and the floor ratio to contract sharply, what is being delivered bears no relation to the concept on which a deposit was paid.

Off the Plan must deliver certainty to both parties.  It is not a viable excuse that planning laws caused changes to building plans - if those laws were in force when the concept plan was offered to the public.  We have an ideal opportunity to clean up this "Off the Plan " style of selling to ensure that what is offered has a realistic hope of becoming the eventual outcome !

Car Safety Trap !

The chances of surviving a car accident improve exponentially if you are driving the current model because the effort to improve car safety features is relentless.  Astronomical sums are expended on research and development and the modern car has crumple zones that absorb the energy of a crash in a predictable way, saving the driver and passengers from harm.   These safety features even extend to victims who may be run down by the vehicle, and saving their lives is now a component in the crash tests that award "safety stars ".

Sadly, a lot of the progress made is being negated by a wave of counterfeit replacement parts flooding the market, and unscrupulous manufacturers are presenting them cloaked with what appear to be genuine car brand logos to deceive the public.   The biggest indication that a part is not genuine is usually the selling price.   If the asking price is a mere fraction of what you expect a genuine part to cost, then obviously you need to stop and think of the safety angle.

It seems that the counterfeiters have singled out Toyota as their primary target, probably because it's brand is at the apex of new car sales.  A host of car parts and accessories are packaged in what looks like the Toyota logo and the imitation is good enough to fool most people.   Fitting them to a car can have fatal consequences.

Many owners replace the steel wheel rims supplied with their car with Mag wheels, both for appearance and performance.   Unfortunately it has been found that the counterfeits on offer lack the strength of the real thing, and hitting a pothole at fifty kilometres an hour may cause the rim to shatter or develop cracks that later cause fatal failure at a much higher speed.    Once again the big difference between the counterfeit and the genuine article - is price !

Air bags are now an essential in a car crash.  They deploy at the sign of sudden deceleration and cushion the cars occupants from contact with hard  surfaces.  A single manufacturer serves many brands and a fault in manufacture means that they may fail to deploy in an accident.   We are now finding many replacements offering at discount prices are not only fakes, but incapable of providing any sort of protection in an emergency.

Now a new scam is doing the rounds.  In years past asbestos was the main ingredient in brake pads but this was replaced by law with a safer component because brake friction released asbestos fibres.
Counterfeit brake pads are entering the country and once again the bogey of asbestos - is back.  The danger is that with asbestos brake pads, every time a drive touches the brakes these fibres float free on city streets and may enter the lungs of pedestrians and other drivers.  In particular, car service people are at huge risk.   When they need to fit new pads they will encounter a cloud of asbestos dust that can lead to a later fatality.

Unfortunately, the opportunities to replace genuine parts with counterfeit - is almost limitless. Manufacturers who grind out cheap copies are putting the public at risk and the big incentive to move their wares - is price !   The wise will approach the matter of any spare parts needed for their car - with caution.   It is not the best time to find that a "bargain " has failed when you are doing  110  kph on the freeway with the family in the passenger seats.

"Deportation " Solves Crime Problem !

Just after the end of the second world war Australia became the destination of a vast army of migrants escaping war torn Europe.   They arrived in packed shiploads and most started a new life here in migrant hostels as they struggled with a new language and found jobs in the workforce.  There was little pressure to get them to seek citizenship, and in particular - those coming from the United Kingdom were given automatic voting rights in recognition of the bonds between our two countries.

Decades later, our attitude to migrants changed dramatically.  We no longer insisted that they learn the English language and "assimilation "and "multiculturalism " became the watchwords.  Radio and television began to screen programmes in foreign languages and our new citizens were encouraged to maintain links with their former country.   Many gained Australian citizenship, but also continued to hold duel citizenship with their country of birth.

Many of those migrants came here as babies or toddlers.  Children are quickly able to learn languages and in many cases it was the children acting as interpreters for their parents who blended in to school communities - and lived their lives with no thought other than that they were now "Australian "!

It is coming as something of a shock to those who have become noted criminals that this lack of Australian citizenship has put a powerful weapon in the hands of the Australian government.   In particular, the eight hundred listed on the National Crime Threat data base who are not Australian nationals can be seized and deported to their country of birth.   This covers bikie gangs and those who support the terror tactics of IS in Syria.

Blind terror at the prospect of deportation has started a rush to apply and gain citizenship, but that is something that this country would be wise to refuse.  In many cases, these criminals may be married to an Australian citizen and have children by that union, but obviously we have a chance to rid the country of the worst of the criminal elements brazenly committing crimes - and that is a heaven sent opportunity that should not be denied.

We have started to deport New Zealand criminals who live in Australia but have not applied for and gained Australian citizenship.  This is straining relations across the Tasman, but it applies both ways. The Kiwi's have every right to send back Australian criminals offending against their laws and we are not objecting to that action.

No doubt the churches and charity groups will claim it unfair to deport those who arrived here as tiny babies - and who have no cultural links with their former homeland, but all the cards are now in the hands of law and order here in Australia.   We have every right to refuse citizenship to those engaging in known criminal activity, but we can hold actual deportation if they change their ways - and commit no further crime.

Of course, this is a temporary fix because those who have never considered their legal status but are crime free will obviously rush to gain citizenship, and will thereafter be immune to deportation if they later turn to crime for a living, but it presents an opportunity to decapitate the leaders of organized crime at the top of the crime totem pole.

Opportunity knocks !

Push to Lower Voting Age !

Bill Shorten is a desperate political leader.  Since Malcolm Turnbull became Australia's prime minister his polling numbers have fallen to disastrous levels.  There are mutterings in the party room and he needs to pull a rabbit out of a hat if he is to survive as party leader.   He is now toying with the idea of reducing the voting age - from the present eighteen - to those who have attained their sixteenth birthday.

Australia was one of the first world countries to give women the vote and in 1924 it went against the international tide when it legislated to force all eligible citizens to cast a vote - or suffer a financial penalty.   At that time twenty-one was considered the age of maturity, despite those below that age level being inducted into the armed services and fighting in both the first and second world wars.

The winds of change blew strongly in the 1960's when Australia became involved in the Vietnam war.  It seemed unfair that conscription demanded that young men who had attained their eighteenth birthday could be ordered to serve in the army and be sent to fight a foreign war, but were denied the vote to select the parliament which would create the law that made that possible.   In 1973 the Australian voting age was reduced to eighteen !

That lowered age of maturity automatically applied to other criteria - and one of those was the right to drink alcohol.  The police could no longer chase those under twenty-one out of the pubs and now had to concentrate on keeping alcohol out of the hands of those under eighteen, resulting in the losing battles so evident today.   If the voting age is lowered to sixteen, will the drinking age move in tandem ?

No doubt such a proposal will raise conjecture.  Many people will note that the recent referendum on Scottish independence allowed sixteen year olds to have a say on whether their country should remain a member of the United Kingdom and sixteen is the legal voting age in Austria, Germany, Brazil, East Timor, Indonesia and many other countries.

Of course, as Opposition leader Bill Shorten can only propose a bill to lower the voting age.  That decision will be made by the government that has the numbers to pass legislation and Shorten would hope that it finds favour with Australia's sixteen year olds and induces them to swing their support behind him and his party.

That may be a doubtful assumption.   Eighteen year olds are not known for their enthusiasm in casting a vote and sixteen year olds may resent being forced to front up on election days and cast a vote or face a fine.   Generally, Labor could expect the broad mass of sixteen year olds to pivot in it's favour but that would be unlikely to provide the winning factor given the present polling numbers.

At best, Shorten is seeking a distraction.  Altering the voting age will certainly get the attention of the wider public.  It will be suggested as widening the embrace of democracy by giving the vote to those who presently have no say in the decisions made on their behalf, but we would do well to remember that along with that power comes a host of other powers, including the right to sign a valid contract - and even to marry.   Along with access to alcohol, we open a huge array of legalities that will enter the realm of young people who may lack the maturity to use those decisions wisely.

That is a Pandora's box that needs to be approached with caution !