DOCSLIB.ORG

UPHOLDING the AUSTRALIAN CONSTITUTION

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
UPHOLDING the AUSTRALIAN CONSTITUTION UPHOLDING the AUSTRALIAN CONSTITUTION Volume 29 Proceedings of the 29th Conference of The Samuel Griffith Society Novotel Perth Langley 221 Adelaide Terrace, Perth, Western Australia 25-27 August 2017 2018 by The Samuel Griffith Society. All rights reserved. Published 2018 by The Samuel Griffith Society PO Box 13076, Law Courts VICTORIA 8010 World Wide Web Address: http://www.samuelgriffith.org.au Printed by: McPherson’s Printing Pty Ltd 76 Nelson Street, Maryborough, Vic 3465 National Library Cataloguing-in-Publication data: Upholding the Australian Constitution Volume 29 Proceedings of The Samuel Griffith Society ISSN 1327-1539 ii Contents Introduction Eddy Gisonda v The Zeitgeist and the Constitution The 2017 Sir Harry Gibbs Memorial Oration The Honourable P. A. Keane ix 1. Fake News, Federalism and the Love Media Chris Kenny 1 2. The Unconstitutionality of Outlawing Political Opinion Augusto Zimmermann 17 3. Government not Gridlock Tony Abbott 49 4. In Defence of the Senate James Paterson 57 5. Western Australia and the GST Mike Nahan 69 6. Western Australia and Secession David Leyonhjelm 79 iii 7. Workplace Rights and the States Daniel White 89 8. Causes of Coming Discontents: The European Union as a Role Model for Australia? Neville Rochow 103 9. Federalism and the High Court in the 21 st Century The Honourable Robert Mitchell 181 10. Federalism and the Principle of Subsidiarity Michelle Evans 201 11. Passing the Buck The Honourable Wayne Martin 227 12. The Aboriginal Question: Enough is Enough! John Stone 273 13. A Colour-blind Constitution Keith Wolahan 319 14. Recognition Roulette The Honourable Nicholas Hasluck 337 Contributors 355 iv Introduction Eddy Gisonda The Samuel Griffith Society held its 29 th Conference on the weekend of 25 to 27 August 2017, in the city of Perth, Western Australia. The Conference was the best-attended conference in the history of the Society, improving upon the record set only a year earlier. During the Conference, papers were presented by a Justice of the High Court of Australia, the Chief Justice of Western Australia, a former Prime Minister, a former Treasurer of Western Australia, a Justice of Appeal of the Supreme Court of Western Australia, Senators from New South Wales and Victoria, as well as legal practitioners, academics and journalists. Federalism was the major theme of the conference. An essential characteristic of the Commonwealth Constitution is that the Australian nation is a federal union under the Crown. At the time of federation, the colonies had rights, powers and privileges, some of which were diminished or surrendered so as to achieve the great end of national unity. The first members of the High Court of Australia, led by Sir Samuel Griffith, were required to interpret the new Constitution as issues in the fledgling nation emerged. They did so in a way that fairly might be said to have reflected the prevailing assumptions, understandings and intentions of the founding generation, as represented by a majority of participants during the Convention debates. The result, among other things, was the doctrine of the immunity of instrumentalities and the reserved powers doctrine. v Since the 1920s, however, and despite a small number of Justices of the High Court of Australia attempting to ebb the flows (and some politicians), various constitutional developments have significantly expanded the powers of the Commonwealth and diminished the powers of the States. That this development is (on one argument) inimical to an original understanding of the Constitution, ought, if nothing else, warrant pause for serious analysis and reflection before a decision is made as to whether the power of the Commonwealth is to be further expanded or should, instead, be confined to areas that really do require action by the central government and cannot be done equally well by the individual States themselves. It is for this reason that the founders of the Society, who were well aware of these matters, might be said to have included as one of the purposes of the Society, the encouragement and promotion of the widest possible debate on constitutional issues, as well as the health of our political and legal institutions more generally, with careful emphasis given to defending the federalist virtues of the Constitution. The proceedings of the 29 th Conference were designed to contribute to the already substantial corpus of the Society on this topic. The Conference marked the 25 th anniversary of the founding of the Society and it is as well to mention two speakers who participated. The first was the Honourable Nicholas Hasluck, QC, AM, a former Justice of the Supreme Court of Western Australia, as well as an accomplished novelist and poet. He is also the son of the Right Honourable Sir Paul Hasluck, KG, GCMG, GCVO, the 17 th Governor-General of Australia. Mr Hasluck still has in his possession a copy of the volume recording the proceedings of the Society’s inaugural Conference held at Hilton-on-the-Park in Melbourne, 24 to 26 July 1992, which was inscribed for Sir Paul by John Stone on 25 November 1992. The inscribed gift could not be presented in person vi because Sir Paul was in hospital. Hence, on Sir Paul’s behalf, his son delivered the address that he had prepared to launch the inaugural volume at a dinner convened by the Society at the Langley Novotel Hotel in Perth on 25 November 1992. This turned out to be Sir Paul’s last address; he died a few weeks later on 9 January 1993. The address was published in the March 1993 issue of Quadrant under the title, “Reflections on Australia’s Constitution,” and later in Volume 3 of Upholding the Australian Constitution . In these circumstances, I invited Mr Hasluck to deliver a special address marking the 25 th anniversary of the Society. His erudite address was a masterful display of scholarship and language. A more fitting tribute to the achievements of the Society would not have been possible. The second was John Stone. No anniversary of the Society could have been celebrated without hearing him speak. The contribution of Mr Stone to the Society, as well as his wife, Nancy, can only be understated. Indeed, that proposition itself involves understatement. As the Honourable Dyson Heydon, AC, said of the Stones the last time the Society was in Perth: “They have made collectively one of the greatest contributions to Australian public life in their time – or any time.” The success of the 2017 Conference was due to the work of many generous and dedicated people. They included the speakers, many of whom travelled the full distance of our vast land to speak, the chairs of the various sessions, the Honourable Ian Callinan, AC, and the other members of the Board of the Society, as well as John Roskam, Ron Manners, Jeff Phillips, SC, Daniel White, and Sharni Cutajar. In attendance at the Conference were a number of Mannkal Foundation Scholars: Delaney Bruce, Aditi Chaturvedi, Julian Coleman, Coraline De Zilwa, Michaela Gartz, Julian Hasleby, Mitchell Hasleby, James Locke, Christopher vii MacCarthy, Kombo Mashumba, Benjamin McDonald, John McMahon, Elizabeth Powley, Sophia Redgment, Jethro Schoeman, Joshua Slattery, Ian Tan, Nick Todd, Herman Toh, Emma Watson, Laura Watson, Kyle Williams. There also were a number of Sir Charles Court Scholars in attendace: Sarah Cavanough, Michael Heydon, Rachel Hollick, Jacob Kerspien, Prashan Kukanesan, Rebecca Lawrence, Ben Martin, Liam Staltari, Jessica Wright. As well, the two Sir Samuel Griffith Society Scholars were Bianca Cobby and Daniel Earl. The Sir Samuel Griffith essay competition in 2017 was won by Edward Fowler, an economics student from Canberra. The question for entrants was: “Would Australia benefit from a ‘US style’ confirmation process for appointments to the High Court of Australia?” The quality of the essays was very high. Once again, Stuart Wood, QC, the secretary of the Society, and his executive assistant, Shannon Lyon, worked tirelessly on behalf of the Society all year. Mr Wood is always thanking others, but that should not allow us to lose sight of the fact that he does so much for the Society, simply because he wants others to learn more about the Constitution, contribute to public debate, and make valuable friendships along the way. Ms Lyon works at least a day a week on the Society and, in the lead up to the Conference, more like full time, working as late as midnight in the final days. She is responsible for the highly efficient organisation of the Society. She engages with everyone in a warm and concerned way, ensuring that they are getting everything out of the Society that they want. The Society’s members owe Mr Wood and Ms Lyon an enormous deal. The papers in this volume of Upholding the Australian Constitution have been assembled, edited and prepared for publication by J. R. Nethercote. viii The Zeitgeist and the Constitution The 2017 Sir Harry Gibbs Memorial Oration The Honourable P. A. Keane Sir Harry Gibbs was one of the first, and remains the most distinguished, of the graduates of the Law School at the University of Queensland. He was the most brilliant barrister of his time at the Queensland Bar. And he was a very great Australian judge. For junior barristers appearing before the High Court over which he presided there were some striking aspects to the experience. The first was the remarkable courtesy with which he conducted proceedings, remarkable because it was in such stark contrast to the experience of counsel when his immediate predecessor as Chief Justice, Sir Garfield Barwick, presided. The rancorous mood that then prevailed meant that barristers often could not give of their best, and it was unsettling for other members of the Court.
Load more

Recommended publications
  • The Builders Labourers' Federation
    Making Change Happen Black and White Activists talk to Kevin Cook about Aboriginal, Union and Liberation Politics Kevin Cook and Heather Goodall Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Author: Cook, Kevin, author. Title: Making change happen : black & white activists talk to Kevin Cook about Aboriginal, union & liberation politics / Kevin Cook and Heather Goodall. ISBN: 9781921666728 (paperback) 9781921666742 (ebook) Subjects: Social change--Australia. Political activists--Australia. Aboriginal Australians--Politics and government. Australia--Politics and government--20th century. Australia--Social conditions--20th century. Other Authors/Contributors: Goodall, Heather, author. Dewey Number: 303.484 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover images: Kevin Cook, 1981, by Penny Tweedie (attached) Courtesy of Wildlife agency. Aboriginal History Incorporated Aboriginal History Inc. is a part of the Australian Centre for Indigenous History, Research School of Social Sciences, The Australian National University and gratefully acknowledges the support of the School of History RSSS and the National Centre for Indigenous Studies, The Australian National
    [Show full text]
  • The Comparative Politics of E-Cigarette Regulation in Australia, Canada and New Zealand by Alex C
    Formulating a Regulatory Stance: The Comparative Politics of E-Cigarette Regulation in Australia, Canada and New Zealand by Alex C. Liber A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (Health Services Organizations and Policy) in The University of Michigan 2020 Doctoral Committee: Professor Scott Greer, Co-Chair Assistant Professor Holly Jarman, Co-Chair Professor Daniel Béland, McGill University Professor Paula Lantz Alex C. Liber [email protected] ORCID iD: 0000-0001-7863-3906 © Alex C. Liber 2020 Dedication For Lindsey and Sophia. I love you both to the ends of the earth and am eternally grateful for your tolerance of this project. ii Acknowledgments To my family – Lindsey, you made the greatest sacrifices that allowed this project to come to fruition. You moved away from your family to Michigan. You allowed me to conduct two months of fieldwork when you were pregnant with our daughter. You helped drafts come together and were a constant sounding board and confidant throughout the long process of writing. This would not have been possible without you. Sophia, Poe, and Jo served as motivation for this project and a distraction from it when each was necessary. Mom, Dad, Chad, Max, Julian, and Olivia, as well as Papa Ernie and Grandma Audrey all, helped build the road that I was able to safely walk down in the pursuit of this doctorate. You served as role models, supports, and friends that I could lean on as I grew into my career and adulthood. Lisa, Tony, and Jessica Suarez stepped up to aid Lindsey and me with childcare amid a move, a career transition, and a pandemic.
    [Show full text]
  • NSW LABOR POLITICAL BRIEFING Report from the Administrative
    NSW LABOR POLITICAL BRIEFING Report from the Administrative Committee August 2016 1. VALE CYRIL JOSEPH NETHERY AM Cyril Nethery joined NSW Labor in March 1941 at the age of 21. He was a Lancaster pilot during World War II and was described as compassionate, selfless man. Cyril was heavily involved in his local community through rugby union clubs, as a volunteer firefighter and was passionate about assisting indigenous and underprivileged families through his work at St. Vincent de Paul. Cyril was recognised for his service to the community by being awarded a Member of the Order of Australia medal. Cyril was a long time active member of the Woolooware Branch of the ALP. He was a great supporter of Gough Whitlam’s reforms as he believed in making Australia a better place, taking his children to see Gough at an event in Cronulla. Cyril’s commitment to Labor values was second to none, and he was awarded life membership at State Conference. Cryril died peacefully with his family by his side at the age of 96. He is survived by his wife, Valmarie, and his children who are also strong, Labor supporters. 2. VALE MARGOT LONGWORTH Margot Longworth was a deeply committed and passionate member of NSW Labor for almost 37 years. She was a member of the Newcastle Branch for 19 years from 1979 to 1998, before transferring to the Newcastle City Day Branch where she remained actively involved until her health declined in recent years. Margot held almost every executive position at Newcastle City Day Branch and served with great enthusiasm as a long-time delegate to the Newcastle SEC and FEC.
    [Show full text]
  • Legislative Assembly, 8 September 2010, Proof) Proof
    Full Day Hansard Transcript (Legislative Assembly, 8 September 2010, Proof) Proof Extract from NSW Legislative Assembly Hansard and Papers Wednesday, 8 September 2010 (Proof). CONSTITUTION AMENDMENT (RECOGNITION OF ABORIGINAL PEOPLE) BILL Bill introduced on motion by Ms Kristina Keneally. Agreement in Principle Ms KRISTINA KENEALLY (Heffron—Premier, and Minister for Redfern Waterloo) [11.39 a.m.]: I move: That this bill be now agreed to in principle. I acknowledge that we are on the traditional lands of the Gadigal people. I pay my respect to elders past and present, and recognise that we have in the Chamber today many distinguished Aboriginal people from a range of areas within our community. I acknowledge Ms Bev Manton, Chairperson of the New South Wales Aboriginal Land Council. Bev is a proud member of the Worimi nation and is a welcome guest in our House today. I also acknowledge Uncle Charles "Chicka" Madden, a most respected local Aboriginal elder who also joins us on the floor of the Parliament for these historic proceedings. I have been to many events with Chicka over the years, and at all times he has been a strong advocate for his people and respected in all communities. I also acknowledge the Hon. James Spigelman, Lieutenant-Governor of New South Wales and Chief Justice of New South Wales, representing the Governor today. I also acknowledge our invited guests in the Chamber today. You are welcome guests of this Government and this Parliament to witness today's proceedings. It is humbling to have the opportunity to put before this House legislation to recognise our first people, our Aboriginal people, in the New South Wales Constitution Act.
    [Show full text]
  • Sixteen Years of Labor Government in South Australia, 2002-2018
    AUSTRALASIAN PARLIAMENTARY REVIEW Parliament in the Periphery: Sixteen Years of Labor Government in South Australia, 2002-2018* Mark Dean Research Associate, Australian Industrial Transformation Institute, Flinders University of South Australia * Double-blind reviewed article. Abstract This article examines the sixteen years of Labor government in South Australia from 2002 to 2018. With reference to industry policy and strategy in the context of deindustrialisation, it analyses the impact and implications of policy choices made under Premiers Mike Rann and Jay Weatherill in attempts to progress South Australia beyond its growing status as a ‘rustbelt state’. Previous research has shown how, despite half of Labor’s term in office as a minority government and Rann’s apparent disregard for the Parliament, the executive’s ‘third way’ brand of policymaking was a powerful force in shaping the State’s development. This article approaches this contention from a new perspective to suggest that although this approach produced innovative policy outcomes, these were a vehicle for neo-liberal transformations to the State’s institutions. In strategically avoiding much legislative scrutiny, the Rann and Weatherill governments’ brand of policymaking was arguably unable to produce a coordinated response to South Australia’s deindustrialisation in a State historically shaped by more interventionist government and a clear role for the legislature. In undermining public services and hollowing out policy, the Rann and Wethearill governments reflected the path dependency of responses to earlier neo-liberal reforms, further entrenching neo-liberal responses to social and economic crisis and aiding a smooth transition to Liberal government in 2018. INTRODUCTION For sixteen years, from March 2002 to March 2018, South Australia was governed by the Labor Party.
    [Show full text]
  • The Most Vitriolic Parliament
    THE MOST VITRIOLIC PARLIAMENT EVIDENCE OF THE VITRIOLIC NATURE OF THE 43 RD PARLIAMENT AND POTENTIAL CAUSES Nicolas Adams, 321 382 For Master of Arts (Research), June 2016 The University of Melbourne, School of Social and Political Sciences Supervisors: Prof. John Murphy, Dr. Scott Brenton i Abstract It has been suggested that the period of the Gillard government was the most vitriolic in recent political history. This impression has been formed by many commentators and actors, however very little quantitative data exists which either confirms or disproves this theory. Utilising an analysis of standing orders within the House of Representatives it was found that a relatively fair case can be made that the 43rd parliament was more vitriolic than any in the preceding two decades. This period in the data, however, was trumped by the first year of the Abbott government. Along with this conclusion the data showed that the cause of the vitriol during this period could not be narrowed to one specific driver. It can be seen that issues such as the minority government, style of opposition, gender and even to a certain extent the speakership would have all contributed to any mutation of the tone of debate. ii Declaration I declare that this thesis contains only my original work towards my Masters of Arts (Research) except where due acknowledgement has been made in the text to other material used. Equally this thesis is fewer than the maximum word limit as approved by the Research Higher Degrees Committee. iii Acknowledgements I wish to acknowledge my two supervisors, Prof.
    [Show full text]
  • City Space and Urban Identity a Post-9/11 Consciousness in Australian Fiction 2005 to 2011
    City Space and Urban Identity A Post-9/11 Consciousness in Australian Fiction 2005 to 2011 By Lydia Saleh Rofail A thesis submitted in fulfilment of the requirements of the degree of Doctor of Philosophy in English. Faculty of Arts and Social Sciences The University of Sydney 2019 Declaration of Originality I affirm that the intellectual content of this thesis is the product of my own work and I certify and warrant to the best of my knowledge that all sources of reference have been duly and fully acknowledged. Lydia Saleh Rofail i Abstract This thesis undertakes a detailed examination of a close corpus of five Australian literary novels published between 2005 and 2011, to assess the political, social, and cultural implications of 9/11 upon an urban Australian identity. My analysis of the literary city will reveal how this identity is trapped between layers of trauma which include haunting historical atrocities and inward nationalism, as well as the contrasting outward pull of global aspirations. Dead Europe by Christos Tsiolkas (2005), The Unknown Terrorist by Richard Flanagan (2006), Underground by Andrew McGahan (2006), Breath by Tim Winton (2008), and Five Bells by Gail Jones (2011) are uniquely varied narratives written in the shadow of 9/11. These novels reconfigure fictional notions of Australian urbanism in order to deal with fears and threats posed by 9/11 and the fallout that followed, where global interests fed into national concerns and discourses within Australia and resonated down to local levels. Adopting an Australia perspective, this thesis contextualises subsequent traumatic and apocalyptic trajectories in relation to urbanism and Australian identity in a post-9/11 world.
    [Show full text]
  • Papers Index
    PROOF As at 24 August 2012 Sittings from 5 November 2008 LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY SEVENTH ASSEMBLY 2008–2009–2010–2011–2012 INDEX TO PAPERS Index to Papers Paper MOP Page 2 2003 Canberra Bushfires—McLeod Report and Doogan Coronial Inquiry—Government agreed recommendations—Implementation report, prepared by ACT Bushfire Council, dated June 2009 293 2009-10 Budget surplus—Medial release—ACT Labor, dated 19 September 2008 103 2010 National Multicultural Festival 561 2013 Canberra Centenary—Funding and Tourism—Letter from Tony Windsor MP, Federal Member for New England, dated 24 April 2012 concerning the resolution of the Assembly of 28 March 2012 1900 2013 Canberra Centenary—Funding and Tourism—Letter to the Speaker from Hon Warren Truss MP, Leader of the Nationals, dated 28 May 2012, concerning the resolution of the Assembly of 28 March 2012 2033 2013 Canberra Centenary—Funding and Tourism—Letter to the Speaker from Senator the Hon Jan McLucas, Parliamentary Secretary to the Prime Minister, dated 1 May 2012, concerning the resolution of the Assembly of 28 March 2012 1996 2013 Canberra Centenary—Funding and Tourism—Letter to the Speaker from the Federal Member for Lyne, dated 16 April 2012, relating to the resolution of the Assembly of 28 March 2012 1892 2013 Canberra Centenary—Funding and Tourism—Letter to the Speaker from the Hon Peter Slipper MP, Speaker of the House of Representatives, dated 10 May 2012, concerning the resolution of the Assembly of 28 March 2012 1996 i Index to Papers Paper MOP Page A
    [Show full text]
  • From the Tables *
    Robyn Smith is Executive Officer, Office of the Clerk, Legislative Assembly of the Northern Territory From the Tables * Robyn Smith Australian Parliament Former Speaker Peter Slipper tendered his resignation to the Governor-General on 9 October 2012 after months of controversy during which he remained the Speaker but did not preside over proceedings in the House of Representatives. That job fell to Deputy Speaker Anna Burke who was elected to the position on the same evening. Slipper was the second Speaker to resign in 11 months, the first being Harry Jenkins, and the fifth time in the history of the House of Representatives that a sitting Speaker has resigned. The more usual course is for a Speaker to retire once the parliament has been prorogued for a General Election. The House Committee of Privileges and Members’ Interests continues to grapple with a proposed Code of Conduct for Members. This innovation arose from various agreements entered into by the Prime Minister with the Independents during the course of negotiations to form minority government following the 2010 August General Election. The Joint Committee on the Broadcasting of Parliamentary Proceedings spent 12 months in consultation with media representatives, senators, members and parliamentary officers to revise rules governing media coverage of proceedings. This resulted in new media rules being tabled in the Senate and the House of Representatives on 28 November. The rules were last reviewed in 2008. The Usher of the Black Rod and Serjeant-at-Arms have responsibility for administering the rules which seek to balance the media’s right to report parliamentary proceedings whilst respecting the privacy of senators and members and allowing them, other building occupants and visitors to Parliament House to go about their business.
    [Show full text]
  • Citizens' Jury
    SUNDAY VERSION South Australia’s Citizens’ Jury on Nuclear Waste Final Report November 2016 “Under what circumstances, if any, could South Australia pursue the opportunity to store and dispose of nuclear waste from other countries?” Jury Summary Statement The Citizens Jury would like to Acknowledge that we have been meeting on Kaurna land and we pay our respects to the Traditional owners, past and present, across South Australia. The jury generally had a strong conviction in taking a position one way or another. Two thirds of the jury do not wish to pursue the opportunity under any circumstances and one third support a commitment to pursue under the circumstances outlined in this report. Introduction: Citizen’s Jury 2 (CJ2) was a group of 350 residents of South Australia who were brought together under the remit of discussing and reporting on the question: “Under what circumstances, if any, could South Australia pursue the opportunity to store and dispose of high level nuclear waste from other countries?”. To be clear, the jury considered only high-level nuclear waste. The people on Citizen’s Jury Two were selected to be broadly representative of the population of South Australia based on demographics (as best as was possible based on the responses to the initial invitation to take part). The 50 jurors from Citizen’s Jury One were also invited back to be part of the second jury process and approximately 30 of them decided to take part in the second jury. On the first day of the jury, we established some guiding principles for how we should approach the process.
    [Show full text]
  • A Report on the Erosion of Press Freedom in Australia
    BREAKING: A report on the erosion of press freedom in Australia REPORT WRITTEN BY: SCOTT LUDLAM AND DAVID PARIS Press Freedom in Australia 2 Our Right to a Free Press 3 Law Enforcement and Intelligence Powers 4 Surveillance 7 Detention of Australian Journalists and Publishers 10 Freedom of Information 11 CONTENTS Defamation Law 12 The Australian Media Market 13 ABC at Risk 14 Fair and Balanced Legislation Proposal 15 How Does Australia Compare Internationally? 16 What Can We Do? 17 A Media Freedom Act 18 About the Authors: David Paris and Scott Ludlam 19 References 20 1 PRESS FREEDOM IN AUSTRALIA “Freedom of information journalists working on national is the freedom that allows security issues, and the privacy of the Australian public. Australians you to verify the existence are now among the most heavily of all the other freedoms.” surveilled populations in the world. - Win Tin, Burmese journalist. Law enforcement agencies can access extraordinary amounts In June 2019, the Australian of information with scant Federal Police raided the ABC and judicial oversight, and additional the home of a journalist from the safeguards for journalists within Daily Telegraph. These alarming these regimes are narrowly raids were undertaken because framed and routinely bypassed. of journalists doing their jobs reporting on national security Australia already lagged behind issues in the public interest, in when it comes to press freedom. part enabled by whistleblowers We are the only democracy on inside government agencies. the planet that has not enshrined the right to a free press in our This was just the latest step in constitution or a charter or bill what has been a steady erosion of rights.
    [Show full text]
  • Appendix 4E Proposals to Transfer Multiple Functions from the States and Territories to the Commonwealth
    4E-1 Appendix 4E Proposals to Transfer Multiple Functions from the States and Territories to the Commonwealth Appendix 4E has two sections. The first section briefly examines calls for national approaches to multiple functions in Australia, with an emphasis on proposals to transfer all or part of the education function from State and Territory governments to the Commonwealth government. The second section then presents a compilation of recent media reports, in Table 4E-1, describing calls for national approaches to multiple functions and qualitative and quantitative claims and estimates of the financial benefit of such national schemes, some of which have already been described in Chapter 4. Table 4E-1 also includes media reports describing calls for national approaches in single functional areas besides the education, health and law, order and safety areas addressed in Appendices 4A, 4B and 4C. Proposals for National Approaches to Multiple Functions Whereas previous sections in this chapter have focused on proposals to transfer just single functions and powers, or parts thereof, from the States and Territories to the Commonwealth, and other proposals to establish national systems in individual functional areas, this section briefly examines several recent proposals to shift multiple functions to the Commonwealth, or otherwise establish national systems across several functional areas. To help emphasise the historical context and significance of proposals presented in this section and previous sections of this chapter – especially those promoted and in some cases already implemented by the federal Coalition government under the leadership of Prime Minister John Howard, this section will first briefly review the period immediately following the election of the Howard government in March 1996.
    [Show full text]