Address by Sir David Smith Kcvo. Ao Sunday 7/11/2004
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Key Events and the Racial Discrimination
Key Events and the Racial Discrimination Act Race Discrimination Commissioner, Human 1973 Rights and Equal Opportunity Commission State of the Nation 1995 - A Report on People Aboriginal Land Rights Commission and of Non-English Speaking Backgrounds National Aboriginal Consultative Committee Canberra, Australian Government Publishing established. Service, 1995, pp 289-292. Government announced that future migration 1966 policy would be non-discriminatory with regard to race, colour and nationality. Sir Paul Hasluck signed the Convention on the Elimination of All Forms of Racial Discrimination Telephone Interpreter Service (TIS) established. (CERD) on behalf of Australia on 13 October. Al Grassby delivered the 'Family of the Nation' 1967 speech introducing the term 'multicultural' and linking it with social justice. National referendum enabled the Federal Government to assume responsibility for 1974 Aboriginal people in the States. Attorney-General Lionel Murphy twice 1971 introduced a Racial Discrimination Bill into Parliament although, like the attempt in 1973, International Year for Action to Combat it did not succeed. Racism. Committee on Community Relations Report Neville Bonner became the first Aboriginal delivered in August by Walter Lippmann after parliamentarian as a Liberal Senator from wide consultation with ethnic communities - Queensland. the first time such consultation had been canvassed. Anti-apartheid demonstrations were held around Australia during the Springbok tour. Ethnic Communities' Council of Victoria established, the first of its kind 1972 1975 Aboriginal tent embassy established on lawns outside Parliament House as the focus for the Attorney-General Kep Enderby introduced land rights movement. racial discrimination legislation which was passed on 11 June, subsequently allowing Election in December of the Whitlam Labor Australia to ratify CERD. -
The Devil's Triangle
THE DEVIL’S TRIANGLE Civil liberties and the relationship between the law, the media and the parliament Bob Debus Attorney General of New South Wales 2000-2007 Sir Frank Kitto Lecture, University of New England, November 23rd 2012. This Lecture commemorates the great figure in Australian legal history Justice Sir Frank Kitto, who served on The High Court of Australia from 1950 to 1970 and was thereupon elected Chancellor of this University. As long ago as 1998 Justice Michael Kirby used this lecture to describe not only Sir Frank’s contribution to the law but his high integrity, demonstrated for instance, in the unequivocal judgment in which he joined the majority in Communist the seminal decision to strike down the Menzies Government’s Party Dissolution Act 1950. It was the beginning of the Cold War but Kitto was immune to the politics of the situation: “…it may have been thought (although never said in those more graceful days) that Justice Kitto was a ‘capital C conservative’. His skills were in the black letter law… He had just succeeded in a substantial brief for the banks in striking down the nationalisation scheme of the former Labor Government. Yet in less than a year, he performed his function as a judge of our highest court, in accordance with his understanding of the law and the Constitution precisely and only as his learning and 1 conscience dictated.” In the period 1976 to 1982 he was inaugural Chairman of The Australian Press Council. I venture to believe that he may have grudgingly approved the national defamation law finally achieved by the Commonwealth and State Attorneys General in 2005 after years of difficult negotiation. -
The Racial Discrimination Act: a 40 Year Perspective Inaugural Kep Enderby Lecture
The Racial Discrimination Act: A 40 Year Perspective Inaugural Kep Enderby Lecture Chief Justice Robert French AC 22 October 2015, Sydney Introduction Keppel Earl Enderby QC, who died on 8 January 2015 at the age of 88, was a dedicated servant of the Australian people. He was a libertarian and a law reformer. In 1975, as Attorney-General for the Commonwealth, he introduced into the Parliament the Bill that became the Racial Discrimination Act 1975 (Cth) ('RDA'). This evening we celebrate the 40th anniversary of that Act and Kep Enderby's life of service in the presence of his widow, Dorothy Enderby and his son, Keir. He was born in Dubbo in 1926. He was educated at the Dubbo High School. He served with the RAAF as a trainee pilot in 1944 and 1945 and gained a law degree from Sydney University in 1950. He went to the United Kingdom for a few years where he married and had two children. He returned to New South Wales and took up practice at the Bar there in 1955. In 1962, he was appointed as a lecturer in law at the Australian National University. In Canberra he met his second wife, Dorothy, a university librarian. He recommenced practicing law in Canberra in 1966 and became an active member of the Australian Labor Party. He was appointed Queens Counsel in 1973. Kep Enderby was elected to the House of Representatives representing the Australian Capital Territory from 1970 to 1974 and the new seat of Canberra from 1974 to 1975. He held a number of ministerial portfolios during the time of the Whitlam Government. -
John Menadue – Pearls and Irritations Pearls and Irritation
John Menadue – Pearls and Irritations Pearls and Irritation JOHN MENADUE. A way out of the politicking on refugees- A repost from 20 August 2018 Posted on 12 December 2018 We can be proud of what we have done for refugees in the past but like many others I am ashamed that we have now had a succession of ‘leaders’ who have appealed to our most selfish instincts. When I feel discouraged about our national failure, I am reminded of Graham Greene’s challenge that ‘the only unforgivable sin is despair’. A humanitarian policy on refugees has been made difficult by the fear-mongering of the Coalition since John Howard and the determination of the ALP not to be wedged on the issue. Some ALP members of parliament, such as Ged Kearney have spoken up on the need for a more humanitarian approach. There is now a particular opportunity for the ALP at its National Conference in December to chart a new and acceptable outcome that makes for good policy but is politically tenable. In addition to our necessary humanitarian responsibility for people in need we also have a particular obligation for the refugee flows that have come out of the Middle East. The humanitarian disaster and the displacement of people in the Middle East has been triggered by the US invasion of Iraq and our illegal complicity in it and the consequences that have flowed in Afghanistan and Syria. Our invasion of other countries is a contributor to refugee flows. And terrorism. We have blood on our hands. To hide our inhumanity, we are told and some believe that this tough approach on refugees is to ‘stop drowning’s at sea’. -
The Role of the Governor-General
Chapter Eight The Role of the Governor-General Sir David Smith, KCVO, AO My brief is to speak about the role of the Governor-General, as we know that office today. I shall speak about the history of the office, about the duties of the office, and about current proposals to alter the Australian Constitution by changing its provisions relating to the office. Foremost among the reasons given for constitutional change is the claim that the republic will give us an Australian Head of State. This claim is as mischievous as it is dishonest. Its success is dependent on the notorious ignorance of the vast majority of Australians about their Constitution. 1 The truth is that Australia has two Heads of State. The Queen is our symbolic Head of State, the Governor-General is our constitutional Head of State, and we have had Australians in the office of Governor-General since Lord Casey's appointment in 1965. The claim that the Governor-General is our constitutional Head of State is not some bizarre theory dreamed up for the purposes of the current debate, for it has been so since the beginning of federation, and there is much supporting evidence, both anecdotal and legal. A Canadian Governor-General, Lord Dufferin, described a Governor-General as a constitutional Head of State in a speech given in 1873. 2 Even Paul Keating referred to the Governor-General as our Head of State in the very speech in which he announced in Parliament on 7 June, 1995 his Government's proposals for the republic. -
Victorian Bar News
ISSUE 153 WINTER 2013 VICTORIAN The Formidable Sir Hayden Starke By JD Merralls BAR Legal Aid in NEWS Chronic Decline Punch Drunk The Paris Bar The Law of Drugs in Sport A Study in Contradictions QC or not QC? IBAC A Sheep in Wolf’s Clothing? 153 The 2013 Victorian Bar Dinner All the Highlights and Photos BAR MEMBERS... SAVE THOUSANDS ON ANY NEW CAR Save time and money by buying your next new car Should you have a trade-in or require nance and through your own personal buyer’s advocate. insurance, your consultant will be able to ensure that Members can now enjoy the eet-buying power of MBA the entire process can be completed simply, with Car Assist. Vehicles are purchased at signicant savings maximum savings of your time and money. over the retail prices, whilst avoiding all the hassles and To ensure you’re getting the absolute best price for your upsells of the dealership sales process. We also arrange new vehicle, your personal consultant will include a all of the paperwork and keep you updated on the number of dierent dealerships (including your local) in progress of your vehicle’s preparation or production. the tender process, with each competing for your Your new car is even delivered to your home or work business. with a full tank of fuel. So how does it work? MBA Car Assist purchases new Are you looking to buy a new luxury vehicle from BMW, vehicles every week, which gives them access to eet Mercedes-Benz, Audi, Mini, Lexus, Jaguar, Land Rover or pricing. -
Murray Gleeson the Smiler
BOOK REVIEWS Murray Gleeson The Smiler By Michael Pelly | The Federation Press | 2014 On 27 May 2014 the Hon James Spigelman AC QC delivered the following speech at the launch of Michael Pelly’s book Murray Gleeson The Smiler before a full house in Queens Square. in Kabuki theatre. Anyone who has professional trajectory is a chronology experienced that genre will know that the of the luminaries of the Sydney Bar: Japanese audience will wait breathlessly Garfield Barwick, Jack Cassidy, Jack for, say, the middle of Act 2 when the Smythe, Nigel Bowen, Bill Deane, Tony lead actor performs The Look. It is a great Mason, Maurice Byers, Laurence Street, tribute to that nation’s cultural unity that Michael Kirby, Michael McHugh, Roddy every member of the audience knows it is Meagher, Tom Hughes, Bob Ellicott, coming. If executed perfectly, The Look Mary Gaudron, Bill Gummow, Dyson will draw shouts of encouragement from Heydon, Dennis Mahoney, David Hunt, the audience – such as ‘matte imashita’ Ken Handley, Roger Gyles, Peter Young, – ‘We have been waiting!’ – by way of Graham Hill, Terry Cole, Bob Stitt, applause. Murray was always content with David Jackson. Each person on this list a shudder. features in the book as an actor; some as a commentator. To the ‘stare’ anecdotes in the book, I will add one. As chief justice, Murray sat as This extraordinary range of talent deserves a trial judge in murder trials – something emphasis. For it was out of this ruck that I never dared to do. As I recall the story, Murray Gleeson rose to pre-eminence as the first such occasion was in Taree, a an advocate, as a leader of the profession I am constrained by the subject matter triumphal return to his home district. -
An Examination of the Parliamentary Disqualification Provisions of the Commonwealth Constitution*
Who May Sit? An Examination of the Parliamentary Disqualification Provisions of the Commonwealth Constitution* John Kalokerinos THE PLACE OF SECTION 44 IN CONTEMPORARY AUSTRALIAN PARLIAMENTARY DEMOCRACY The right to choose political representatives is a fundamental right of the citizens of a democratic polity. Section 441 of the Commonwealth Constitution sets out the disqualification provisions for persons seeking to sit in the Senate or the House of Representatives in order to ensure that Australia’s parliamentarians have an undivided loyalty to Australia and to the Parliament. Using the 1890s Convention Debates, decisions of the Court of Disputed Returns, government reports, and academic commentary, this paper explores the purposes and justification for s 44, and its operation in the contemporary Australian context, to argue that reform is necessary. The paper reviews the latest developments in this dynamic area of the law, examining the most recent litigation, including the Hill2 decision. Particular consideration is given to Sykes v Cleary,3 where the High Court held that three of the candidates for election to the seat of Wills were ineligible, raising the question whether this rate of disqualification is extraordinary or simply demonstrative of the pressing need for reform of s 44. * This is an edited version of an Honours Thesis submitted for the Research Unit, Faculty of Law, the Australian National University, June 2000. 1 The full text of ss 44 and 45 is set out in the Appendix below. 2 Sue v Hill (1999) 163 ALR 648. 3 Sykes v Cleary (1992) 176 CLR 77. I conclude that the existing disqualifications are deficient. -
Office of Profit Under the Crown
RESEARCH PAPER SERIES, 2017–18 14 JUNE 2018 Office of profit under the Crown Professor Anne Twomey, University of Sydney Law School Executive summary • Section 44(iv) of the Constitution provides that a person is incapable of being chosen as a Member of Parliament if he or she holds an ‘office of profit under the Crown’. This is also a ground for disqualification from office for existing members and senators under section 45. There has been considerable uncertainty about what is meant by holding an office of profit under the Crown. • First the person must hold an ‘office’. This is a position to which duties attach of a work-like nature. It is usually, but not always the case, that the office continues to exist independently of the person who holds it. However, a person on the ‘unattached’ list of the public service still holds an office. • Second, it must be an ‘office of profit’. This means that some form of ‘profit’ or remuneration must attach to the office, regardless of whether or not that profit is transferred to the office- holder. Reimbursement of actual expenses does not amount to ‘profit’, but a public servant who is on leave without pay or an office-holder who declines to accept a salary or allowances still holds an office of profit. The source of the profit does not matter. Even if it comes from fees paid by members of the public or other private sources, as long as the profit is attached to the office, that is sufficient. • Third, the office of profit must be ‘under the Crown’. -
Samuel Griffith Society Proceedings Vol 2
Proceedings of the Second Conference of The Samuel Griffith Society Upholding the Australian Constitution Volume Two The Windsor Hotel, Melbourne; 30 July - 1 August 1993 Copyright 1993 by The Samuel Griffith Society. All rights reserved. Table of Contents Foreword (P4) John Stone Foreword Dinner Address (P5) The Hon. Jeff Kennett, MLA; Premier of Victoria The Crown and the States Introductory Remarks (P14) John Stone Introductory Chapter One (P15) Dr Frank Knopfelmacher The Crown in a Culturally Diverse Australia Chapter Two (P18) John Hirst The Republic and our British Heritage Chapter Three (P23) Jack Waterford Australia's Aborigines and Australian Civilization: Cultural Relativism in the 21st Century Chapter Four (P34) The Hon. Bill Hassell Mabo and Federalism: The Prospect of an Indigenous People's Treaty Chapter Five (P47) The Hon. Peter Connolly, CBE, QC Should Courts Determine Social Policy? Chapter Six (P58) S E K Hulme, AM, QC The High Court in Mabo Chapter Seven (P79) Professor Wolfgang Kasper Making Federalism Flourish Chapter Eight (P84) The Rt. Hon. Sir Harry Gibbs, GCMG, AC, KBE The Threat to Federalism Chapter Nine (P88) Dr Colin Howard Australia's Diminishing Sovereignty Chapter Ten (P94) The Hon. Peter Durack, QC What is to be Done? Chapter Eleven (P99) John Paul The 1944 Referendum Appendix I (P113) Contributors Appendix II (P116) The Society's Statement of Purposes Published 1993 by The Samuel Griffith Society P O Box 178, East Melbourne Victoria 3002 Printed by: McPherson's Printing Pty Ltd 5 Dunlop Rd, Mulgrave, Vic 3170 National Library Cataloguing-in-Publication data: Proceedings of The Samuel Griffith Society Upholding the Australian Constitution Volume Two ISBN 0 646 15439 7 Foreword John Stone Copyright 1993 by The Samuel Griffith Society. -
With the End of the Cold War, the Demise of the Communist Party Of
A Double Agent Down Under: Australian Security and the Infiltration of the Left This is the Published version of the following publication Deery, Phillip (2007) A Double Agent Down Under: Australian Security and the Infiltration of the Left. Intelligence and National Security, 22 (3). pp. 346-366. ISSN 0268-4527 (Print); 1743-9019 (Online) The publisher’s official version can be found at Note that access to this version may require subscription. Downloaded from VU Research Repository https://vuir.vu.edu.au/15470/ A Double Agent Down Under: Australian Security and the Infiltration of the Left PHILLIP DEERY Because of its clandestine character, the world of the undercover agent has remained murky. This article attempts to illuminate this shadowy feature of intelligence operations. It examines the activities of one double agent, the Czech-born Maximilian Wechsler, who successfully infiltrated two socialist organizations, in the early 1970s. Wechsler was engaged by the Australian Security Intelligence Organisation. However, he was ‘unreliable’: he came in from the cold and went public. The article uses his exposés to recreate his undercover role. It seeks to throw some light on the recruitment methods of ASIO, on the techniques of infiltration, on the relationship between ASIO and the Liberal Party during a period of political volatility in Australia, and on the contradictory position of the Labor Government towards the security services. In the post-Cold War period the role of the Australian Security Intelligence Organisation (ASIO) no longer arouses the visceral hostility it once did from the Left. The collapse of communism found ASIO in search of a new raison d’étre. -
Asylum Seekers Centre Annual Report 2012-2013
Asylum Seekers Centre Annual Report 2012-2013 ABN: 47 164 509 475 “ I want to thank the Asylum Seekers Centre for helping me build a new life. All that I am now is because of them. They were the first people who helped me in Australia. They helped me get my Protection Visa, they found me somewhere to sleep, they helped me with my health needs and they helped me improve my English. I owe them so much.” Former Client Our Vision Asylum seekers are welcomed to Australia and afforded a dignified, meaningful and safe existence pending the fair, transparent and expeditious resolution of their claims. Contents About Us 04 Our Patrons 05 Our Board 06 Chair’s Report 08 CEO’s Report 09 What We Do 12 Volunteers 15 Fundraising 16 Financials 18 Our Supporters 21 Acknowledgements 22 Contact 24 Annual Report 2012–13 03 About Us The Asylum Seekers Primary needs of asylum seekers on arrival Centre is a place of hospitality and welcome. It is an 4.5% oasis for many people, a safe place 3.6% 11.4% for those who have fled situations of great danger. 10.7% 44.8% The Asylum Seekers Centre provides practical and personal 8.4% support for asylum seekers living in the community. Our services 16.6% include casework, accommodation, financial relief, health care and counselling, employment assistance, education, advocacy, food, material and social support. We are a not-for-profit organisation and rely on grants, Homelessness and Financial donations and volunteers to undertake our work. Our clients Employment come from over 52 countries in Education and Nutrition search of safety, protection and Legal freedom.