DAPTO HIGH SCHOOL
Legal Studies Preliminary and HSC Courses
MEDIA FILE
Media Articles for use in course information, referencing in essay responses and study material.
CONTENTS
Sources and Framework of International Law Australia will sign UN charter on indigenous rights: Dodson 4 Federal law aims to stop death penalty 5
Operation of the legal system in relation to native title Native title to be presumed in proposed law reforms 6 Victoria revamps native title 7 Native title claimants die before justice done 8 A few home truths, after Mabo 9
Power and Authority Bikie laws sideline the rule of law 10
Legal controls on state power Endangered Animal – charity worker biker now in firing line 11 Men of colours stand united in face of bikie bill 12
Duties GP hid abuse, niece alleges 13
Rights Bikie laws a threat to rights, says Cowdery 14
Focus Group: Aboriginal and Torres Strait Islander peoples $525,000 - the price of one stolen life 15 Tasmania pays $5m to stolen generations 16 Activists say intervention must be reviewed 17 Labor acts to close Aboriginal health gap 18 Howard years a dark age for progress: Labor 19 Anger reigns in a place shamed before the world 20 Between the Rock and a hard place 21 A long, slow detour in the Northern Territory 22 Promises galore, but change slow to come 23 End culture of racism, says UN inspector 28 UN finds ray of hope in ‘racist’ Australia 29
Focus Group: Women Women stretched to snapping point 30 Pay rises skipping female workers 31 Women pay dearly as earnings gap widens 32 Gender pay gap ‘should be declared’ 33 Women urged to sue to fix pay gap 34
Crime Boy on trial for railway death 35 Bail a fine balancing act by beaks 36 Police may win power to veto bail orders 37 New bail laws- presumption of innocence is the victim 38
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Contents cont...
Long arm of the law comes up short with blacks 39 Aborigines filling state’s prisons 40 Behind black crime rates 41 DNA of 14,000 inmates on database 42 Deterrence more important than prisoner numbers: AG 43 Truce called on hardline sentencing 44 Breaking law and order’s gravel 46 Victims ignored in plea bargains 47 Prevention, not detention, in drug fight 48 Frustration as Brimble jurors agree to disagree 49 Cutting edge of violence 50 Betters results with suspended sentences 51 Push to wipe out card scammers 52 Women and men show differences in crimes and drugs 53 Please bargain changes aim to give victims a greater say 54 Rights and wrongs of separation of powers 55
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Sources and Framework of International Law
Sydney Morning Herald, 12 March 2009 Australia will sign UN charter on indigenous rights: Dodson
Joel Gibson Indigenous Affairs Reporter
AUSTRALIA could reverse its declaration includes will be at the UN position on a United Nations provisions "that go well headquarters in New York charter of indigenous rights beyond the rights City in the last two weeks of as early as May, the recognised in Australian May."
But he remained Australian of the Year, domestic law". Professor Mick Dodson, says. He said it conferred the concerned that the The Howard government right to seek compensation Government's support had misgivings that the for land taken without would be watered down by Declaration on the Rights of permission and to veto "too many riders or Indigenous Peoples would projects affecting land, qualifications or explanatory elevate customary law above without providing statements". Western law and conflict recognition for the rights of Yesterday the Government with aspects of government third parties. would say only that it policy. But it is Rudd The Northern Territory supported the declaration's Government policy to intervention, which the underlying principles and support the declaration and Rudd Government will alter was "consulting with it has been looking for a way in the second half of this indigenous organisations, to reconcile support with its year, breaches about half of State and Territory own approach to indigenous the charter's 46 articles, governments and other key affairs. according to Claire Smith, an stakeholders on an The declaration, which was intervention critic and appropriate public adopted by the UN General academic at Flinders statement to reflect this". Assembly in September University. Meanwhile, the United 2007 after more than two Professor Dodson said an Nations has agreed to decades of drafting, outlines announcement was investigate a complaint the rights of an estimated imminent, in an interview against the intervention. The 370 million indigenous published yesterday. "The case, which claims the people around the world. Labor Party's politics has intervention is racially Only Australia, the US, New always been to support the discriminatory, is being run Zealand and Canada voted declaration, to endorse the by lawyers including George against it. declaration. They're going to Newhouse on behalf of a The shadow attorney- do that and it may be as group in the NT. general, Senator George soon as the next meeting of Brandis, has warned that the the Permanent Forum which
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Sources and Framework of International Law
Sydney Morning Herald, 15 March 2009 Federal law aims to stop death penalty
Cynthia Banham Diplomatic Editor
LAWS prohibiting states and Colin McDonald, QC. thought Robert has a very territories from reintroducing The new laws would good understanding of the the death penalty are being probably be enacted under position we are adopting, seriously considered by the the external affairs power in particularly where we say Rudd Government and could the constitution, though the there is an overwhelming be introduced this Government could also pass need to bring down domestic parliamentary term. the laws through a referral of legislation prohibiting the The Herald understands the powers by the states. reintroduction of the death Attorney-General's Both options are being penalty in states and Department is looking at considered and the territories [as] an indication legislation that would Government plans to consult of our overwhelming position incorporate into domestic states and territories about of being an abolitionist laws Australia's obligations the issue. country." under an international treaty, If passed, states and Some Labor MPs also want the Second Optional Protocol territories would be banned the Government to negotiate to the International Covenant from reintroducing the death comprehensive agreements on Civil and Political Rights. penalty, which they can do on law enforcement co- The move comes amid now. While the Whitlam operation with partners in growing pressure from Labor government outlawed the Asia, to make not MPs who want Australia to death penalty for federal implementing the death take a more principled stand offences in 1973, the last penalty a condition of that co- on the death penalty and send state to abolish it was NSW in operation. a strong signal to the region 1985. They believe imposing such that it is serious about being In 2003, after the restrictions would give those an abolitionist country. September 11 attacks on the countries tangible benefits to Concern is mounting about US and the 2002 terrorist move away from using capital the fate of the three attacks in Bali, the then prime punishment. Australians from the so-called minister, John Howard, This follows harsh criticism Bali nine on death row - Scott suggested state Liberal of the Australian Federal Rush, Myuran Sukumaran and opposition parties could raise Police for its role in tipping Andrew Chan. They are yet to the reintroduction of the off the Indonesian police file motions in the Indonesian death penalty as an election about the Bali nine after courts for their sentences to issue. Rush's parents went to the be reconsidered but will most A number of concerned AFP expecting the police likely do so later this year. Labor backbenchers, could prevent their son Caucus and a cross-party including the NSW MP Chris leaving Australia for Bali. working group on the death Hayes, and the West The Herald understands a penalty were briefed last Australian MP Melissa Parke, review of the guidelines month by one of the barristers met the Attorney-General, governing such operations by the AFP, conducted after the working for Sukumaran and Robert McClelland, on Chan, Julian McMahon. This Tuesday to discuss the issue. Bali nine controversy, will be followed a briefing late last Mr Hayes, the member for completed soon. year by Rush's barrister, Werriwa, told the Herald: "I
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Operation of the legal system in relation to native title
Sydney Morning Herald, 9 April 2009 Native title to be presumed in proposed law reforms
Joel Gibson Indigenous Affairs Reporter
GOVERNMENTS and Reform Commission journal, industry would have to launched yesterday. disprove native title exists It is the second time in a when a claim is made and fortnight the country's most
senior judge, who heard claimants and governments would be able to disregard native title cases in the the "bucket loads of Federal Court, has suggested extinguishment" created by Justice French ... native title a new legal avenue for the changes. Photo: Erin Jonasson the Native Title Act under improved recognition of
reforms suggested by the indigenous rights. compensation cases. Chief Justice of the High The native title system is The presumption would Court, Robert French. under review by the Federal mean a break in contact Justice French suggested Government because it has three "modest proposals" to with traditional lands - such failed to deliver on its reform the 15-year-old as when indigenous people promises. native title process, were moved off - would not In another article, the borrowing the ironic term torpedo a claim as it has Federal Indigenous Affairs from the title of an extreme often done. Minister, Jenny Macklin, solution to poverty once "Such a presumption would admitted the system had offered by the satirist enable the parties, if it were turned indigenous people Jonathan Swift. not to be challenged, to against each other and He said there should be a disregard a substantial millions in payments had presumption in favour of a interruption in continuity of been wasted. claimant's continued acknowledgement and The Government is connection with traditional observance of traditional working to reform native lands. laws and customs," Justice title so that the windfall States and territories and French said. from resources is invested other parties would be able The changes would not for future generations. to challenge it, but the onus affect the "skeletal structure But Justice French and of proof would shift from of native title law" but others suggested reforms claimants. would assist the resolution yesterday that go beyond If governments were of claims and alleviate the what the Government has concerned about an increase financial burden on foreshadowed. in compensation claims, the claimants, Justice French presumption could be wrote in an article in the stopped from applying to Australian Law
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Operation of the legal system in relation to native title
Sydney Morning Herald, 4 June 2009 Victoria Revamps native title
Jewel Topsfield
VICTORIA will become the agreements. Disputes over a committee which first state to settle native land use would be developed the reforms - said title claims out of court in adjudicated by the state's that last year Victoria had one of the biggest overhaul planning tribunal. the worst record of any state
or territory when it came of indigenous land rights Mr Hulls said the new since the Mabo judgment. system would save returning land. Under the shake-up, to be taxpayers money, provide There are now 15 native announced today by the certainty for all groups, title claims in Victoria, most Attorney-General Rob Hulls, including industry, and lead of which were lodged up to traditional owners will be to land claims being 10 years ago but are able to negotiate directly resolved much faster. unresolved. "The way we've with the state without been going it would take a having to pursue onerous The state has the worst further 55 years to resolve native title cases in the land-return record. the current claims," Mr Hulls Federal Court. said. Aboriginal groups will be "This is a landmark day, not "We think there is a real able to forge agreements only for Victoria but for opportunity for us to resolve with the State Government Australia, as this state 10 settlements in 10 years, to manage or jointly manage becomes the first to which would see the current Crown land - including negotiate with traditional claims lodged in the courts national parks - and access owners an alternative withdrawn and over 90 per land for hunting and pathway for resolving native cent of the state resolved." camping without a permit. title claims," Mr Hulls said. Owners who can Traditional owners could Under the current system, demonstrate a traditional be compensated for the only way for Aboriginal - rather than continuous - activities including mining, groups to make native title connection to land will be carbon capture and storage claims is through the able to forge agreements as a result of reforestation Federal Court. with the State and the maintenance of The Australian of the Year, Government. wetlands under land-use Mick Dodson - who chaired
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Operation of the legal system in relation to native title
Sydney Morning Herald, 6 June 2009 Native title claimants due before justice done
Stephanie Peatling
THE native title system has compensation under the he will present his been a "disappointment" to provisions of the Native recommendations for the indigenous people, many of Title Act. The Federal representative body for whom have died before the Government has promised indigenous people should
look like. courts could deal with their to reform the native title claims, said the Race system. Last night Mr Calma said Discrimination Mr Calma said native title he wanted the body to have Commissioner. laws were still weighted a "two way relationship" Tom Calma said indigenous against indigenous people with the Government. "It people often came away because they had to prove should not simply be a body from a native title claim with their connection to the land that operates like a seal of only "begrudging respect" had not stopped at any point approval and ticks of but no practical change in since European settlement. government initiatives. It their situation. "For many groups the needs to be able to engage "The opportunity that reasons the law won't robustly with government to native title provided has not recognise their native title is set the agenda, based on the been realised," he said in because at some point since evidence provided from giving the annual Eddie colonisation, white indigenous communities." Mabo lecture last night. settlement and policy meant He also called for a new "Native title law today is that they lost their approach to the high hardly justice." connection with their land, number of indigenous Last Wednesday marked even if it was just for a people in prison. the 17th anniversary of the moment; commonly because He wants government High Court's Mabo decision they were removed, investment in a American which dispelled the idea of separated from their policy known as justice terra nullius. It paved the families or prevented from reinvestment, where states way for indigenous people to practising their culture or put an estimate of the cost of make claims over their speaking their language," he keeping lawbreakers in traditional lands. But since said. "The end result is a prison and then invest a the decision the Native Title native title system which percentage of that amount in Tribunal has become clogged some say has simply communities with high with cases. formalised dispossession." offence rates on programs There are now 500 Mr Calma will shortly finish addressing the underlying awaiting decision and the his five-year term as the causes of crime such as tribunal estimates it will Aboriginal and Torres Strait substance abuse and poor take another 30 years to Islander and Race education. resolve them. No one has Discrimination made a successful claim for Commissioner. Next month
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Operation of the legal system in relation to native title
Sydney Morning Herald, 6 June 2009, Opinion Page A few home truths, after Mabo
TOM CALMA ddie Mabo was a man of "reality test" of livelihoods … Nor will development: justice reinvestment. It courage and principle who it be legitimate in our eyes. diverts a proportion of imprisonment fought for the inherent We need to be the central players in costs to local communities with a high rights of the Meriam our own development. We have the concentration of offenders, people,E and ultimately for the rights of right to determine the priorities for reinvesting that money in programs to all Torres Strait Islanders and our communities and for our families. address the underlying causes of Aboriginal peoples. He acted on what Like any community, we will make crime. The result, unsurprisingly, is he felt was a simple and certain truth. bad decisions from time to time. But significant savings through the Mabo's fight was not a popular one. the Government has acknowledged prevention of crime. It challenged a fundamental premise problems have flowed from a lack of We are spending increasing amounts on which our society operated. He engagement with indigenous people, on imprisonment, but prisoners are spoke about a fact that … should have and indicated support for a new not being rehabilitated and recidivism been self-evident to all. So this Mabo national representative body. This is rates are high. Justice reinvestment is Oration is about some self-evident critical. an idea worth seriously considering. truths in Aboriginal and Torres Strait My next self-evident truth is our Finally, let me return to native title, Islander affairs. human rights should be adequately one of the most complex and slowest It is 17 years since the High Court protected so that we are treated parts of the justice system. There are recognised the continued existence of equally. over 500 claims waiting to be native title. It may seem a long time to Over the past decade we have seen a determined and the National Native some, but it is not a long time in the convenient but destructive approach: Title Tribunal estimates it will take history of this country … [and] should to treat protections another 30 years to go through them. have been more than enough time to It is hardly justice. And it operates in have built on Mabo's legacy. That has such a way that the more a not happened to the degree it should We need to be the community was hurt by government's have. policies, the less likely they can gain In the indigenous policy sphere we, central players ... recognition of their rights. For many the powerbrokers and policy groups, the law won't recognise their influencers … seem to have a against racial discrimination as native title because white settlement perpetual desire to change and refine expendable, including in the Northern meant they lost their connection with things, mistakenly believing that Territory. This is unacceptable … their land … commonly because they equates to improvement. Rarely do we Measures can be designed to protect were removed, separated or ask ourselves, "What is wrong with women and children that are not prevented from practising their this picture?" racially discriminatory. I am pleased culture. The compensation provisions By not asking this question, we can the Government intends to remove have also failed abysmally. There has end up with policies … incapable of the suspensions, but it demonstrates not been one successful compensation ever achieving their objectives. Most the vulnerability of [all] our [human claim. often indigenous people are blamed rights protections]. The result is a native title system when new initiatives fail. And, always, My next self-evident truth is that the which some say has simply formalised it is indigenous people and indigenous criminal justice system is failing dispossession, and we must ensure it communities who suffer when they do. indigenous people … We need to becomes a just system which goes This approach is what Lieutenant- invest in crime prevention rather than some way to rectifying past injustices. General John Sanderson, chairman of funding criminalisation. It is a sad fact We must return to the universal the Indigenous Implementation Board that indigenous imprisonment rates truths that exist - in our relationships, in Western Australia, calls, "riding a are unacceptably high. Since the Royal and from our history. Only by doing dead horse". Doing the same thing Commission into Aboriginal Deaths in this will we achieve social justice for again and again even though it plainly Custody in 1991, some good Aboriginal and Torres Strait Islander isn't working. He recently said if you initiatives have begun. But the bottom peoples and, in doing so, equality for find yourself riding a dead horse, the line remains: indigenous all Australians. From self-respect best policy is to dismount. I agree. My imprisonment and over- comes dignity, and from dignity comes first self-evident truth is we need to representation in the criminal justice hope. stop allowing governments to develop system have not decreased, but are policies for our communities, in an getting worse. We have seen a 48 per This is an edited extract from last insular and myopic fashion. Instead, cent increase in indigenous night's Mabo Oration, delivered by imprisonment since 1996, and the gap governments need to develop a the Aboriginal and Torres Strait genuine and respectful partnership between indigenous and non- with indigenous peoples. indigenous imprisonment rates Islander Social Justice It doesn't matter how magnificent a continues to grow. Commissioner, Tom Calma. proposal is … or how much money is When something isn't working we attached to it. It will all amount to a need bold and creative alternative hill of beans if it does not meet the solutions. One is a recent American 9
Power and Authority
Sydney Morning Herald, 6 June 2009, Opinion Page Bikie Laws sideline the rule of law
RICHARD ACKLAND ther places in other times Hawi, who was charged with affray individual. Even where there has been know only too well how bad after the bollard-wielding activities a breach of the rules of procedural laws can quietly creep upon near the check-in counter, got out of fairness, there is no right of appeal. the citizenry, pile up one by Silverwater after a friend posted a If the Police Commissioner classifies one and then destroy the $200,000 security. Five others are still a bit of information as "criminal O very fabric they sought to protect. If inside, having been refused bail. intelligence" then judges are required there is any smouldering doubt that In a nutshell, the new legislation to hear that evidence in secret, in the the Rees Government's anti-bikie gang provides for a two-step shuffle. First absence of the parties to the law is a bad piece of work, the NSW step - the police commissioner can proceedings and without their legal Director of Public Prosecutions, apply to the Supreme Court for a representatives. Nicholas Cowdery, QC, has judge to make a declaration that an The act says the rules of evidence do extinguished it. organisation is a criminal outfit, or not apply to hearings associated with In a paper quietly slipped onto his more precisely that its members declarations of organisations. The website, he systematically exposed the associate for engaging in "serious prospect of an outfit being declared dangerous qualities of this new criminal activity". This is activity that on the basis of hearsay evidence is regime, bits of which have been stolen can attract anything from five years' quite possible. Eligible judges who from the anti-terrorism cupboard. He jail. The important thing here is that make declarations are not required to describes this piece of legislative only "eligible" judges can do this dirty provide reasons for their decisions. handiwork as a "giant leap backwards" work. They have to nominate On the two-tiered arrangement for for the rule of law in NSW. themselves to the Attorney-General Supreme Court judges, Cowdery picks It was all knitted together in and he has to approve their eligibility. his words carefully: "If an attorney- response to the public bludgeoning of So far 24 have been "approved". general should so desire, he or she has the Hells Angels associate Anthony Theoretically, the law could equally unfettered power to 'stack' the Zervas at Sydney Airport in March. It's apply to a group of Newtown goths hearing of applications for one thing for bikies to slaughter each illegally downloading software. declarations or organisations under other in the peace and quiet of their Step two - the police commissioner the act with judges willing to enforce tattoo parlours or the bubbling can then apply to any judge of the it". The attorney-general can revoke laboratories of their drug plants. It's Supreme Court (eligible or non- the eligibility of judges if they don't quite another matter when the eligible) for a control order against a perform to "the Government's violence spills onto the concourse of member of a "declared" organisation. satisfaction". property that governments assure us All that is required is that "sufficient In a letter to the Herald published on are secure. grounds" exist for making a control Wednesday, Hatzistergos said Soon after, we were subjected to order. The sufficient grounds are not "allocation of judges is a matter for clunky stage-managed parades of the spelled out. Once made, a person the courts". That's not entirely the Premier and the Police Minister, subject to a control order cannot picture. He has to approve those who flanked by the chief coppers, grimly associate with another "controlled" hear applications for declarations. nodding a chorus of agreement to person. Exceptions are provided for It is understood at least one Supreme expanded "gang squads" and tougher "close family members", for education Court judge has told the Attorney- laws. courses or where they associate while General he no longer wishes to be There didn't need to be new laws. in the nick considered "eligible". The whole idea There needed to be more rigorous The onus is on controlled people to is utterly repugnant. policing and law enforcement of the prove they fall within an exempted What concerns the DPP is that this panoply of legislation that already category. Jail awaits those who combination of power vested in the exists - specifically the anti-criminal associate. A controlled person loses police commissioner, along with the group provisions passed in 2007. any state-granted licence to conduct a use of "approved" judges, is not just a The Crimes (Criminal Organisations business. frightening "aggrandisement of Control) Act of 2009 is what we now Where Cowdery comes into his own power", it is usurpation of judicial have as a political stunt in response to is in spelling out what he modestly power by the executive. the bad blood at the airport. The refers to as "troubling features". It is Why isn't the judiciary making a Opposition, too timid to resist, also more like a lacerating exposure of a huge stink about it? helped with the nodding. Even so, it's nasty and unnecessary law. There is [email protected] interesting to note that a leader of the no appeal of a declaration against an Comanchero Motorcycle Club, Mick organisation or an order against an
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Legal controls on state power
Sydney Morning Herald, 14 June 2009 Endangered Animal – charity worker biker now in firing line
By MATT KHOURY
RANDALL "Animal" Nelson is "Technically, they could be antisocial behaviour will not a founding member of the outlawed, which just be tolerated and will be
Kings Cross Bikers, a loose highlights the stupidity of investigated to the full group of 20 or so ex-crims, the law," said Pastor Graham extent of the law."
The Crimes Act 2009 ex-drunks and charity Long of the Wayside Chapel. workers. "Animal's one of the most pertains to any network, not Smothered in tattoos, rings docile, kind-hearted people only those on motorcycles. It and bracelets, he wears a you'll ever meet. He's in can be enforced on any bunch of badges on his here all the time, usually to group suspected by the leather vest, including a grab second-hand stuff to Police Commissioner and Medal of the Order of give it away to people." one Supreme Court judge of Australia for charity work, The Reverend Bill Crews criminal activity. presented in 2004. tells of the Kings Cross Political rhetoric has Mr Nelson does toy runs to Bikers having tea and scones focused on bikers. Premier children's hospitals, with senior citizens before Nathan Rees told unofficial outreach programs driving delighted ladies Parliament: "For all their for the area's homeless and around on motorcycles. rough appearance, bikies are drop-offs to the aged. "We've only got praise for also sophisticated criminals "Our agenda is helping Animal. The Kings Cross who launder their money people less fortunate than Bikers are just characters," through a variety of ourselves," he said through he said. businesses." his tobacco-stained beard. A spokesman for Attorney- Opposition Leader Barry The "young General John Hatzistergos O'Farrell said: "I would have seventysomething" has not said: "Just because no problem if you put all the always been a saint. He had a someone's involved in motorcycle gang members couple of early stints at Long charity work doesn't mean in two rooms and allowed Bay Jail and made a final they're not involved in them to shoot themselves to "just visiting" day-trip in the criminal activity. They could death." early 1990s, with be disguising themselves. But Mr Nelson doesn't care motorbikes and strippers to It's a matter for police to what they think. The city raise the spirits of old mates. assess them." council allocated a "There's a few crims here Superintendent Tony motorcycle-only parking and there [in the Kings Cross Crandell, Commander of zone outside Kings Cross Bikers]. All types of people Kings Cross police, said they Library, where a photo- associate with us." "are aware of a number of portrait of him sells for But the bikers and charities organisations operating $3000. are worried that the Crimes within its boundaries". "That's my office," he says. (Criminal Organisations Organisations operating "But everybody's welcome. I Control) Act 2009, dubbed lawfully would not be fought for this place for the bikie laws, may put their investigated, he said. everybody." good work at risk "However, any illegal or
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Legal controls on state power
Sydney Morning Herald, 14 June 2009 Men of colours stand united in face of bikie bill
Freedom riders... rival outlaw gangs roared through Moore Park yesterday to express their dismay about the State Government’s Criminal Organisations Legislation Amendment Bill. Photo: Danielle Smith
By DYLAN WELCH THE public relations war the fatal brawl at Sydney unmarked cars observed the between the bikies and the Airport between the bikies.
Government has begun in Comanchero and the Hells Authorities also closed the earnest. Angels in March, is designed air space above the ride,
Bikies from 16 outlaw bikie to outlaw alleged criminal forcing television gangs roared through Moore groups. helicopters to move out of
Park yesterday to protest Scenes unthinkable six the area. against the crime bill that months ago - Finks talking A spokesman for the threatens to outlaw them all. to Hells Angels, Rebels motorcycle clubs, known
The "freedom ride" is the talking to Bandidos - only as Ferret, said: "This latest attempt to swing became the norm as the bill involves every person in public opinion against the members milled around NSW. State Government's Criminal while photographers and "If people get out there and Organisations Legislation cameramen moved among read the law they'll realise Amendment Bill. them. Police in a dozen what it's about." The bill, enacted following highway patrol and
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Duties
Sydney Morning Herald, 19 June 2009 GP Hid abuse, niece alleges
Louise Hall Health Reporter
A WOMAN is suing her uncle services or law enforcement two decades later. of falling to fulfil his legal to children must report She is suing her uncle, obligation as a doctor to suspected or actual abuse. saying that at age seven she report sexual abuse to In 2007-08 the DOCS told her older sister of the
abuse and her uncle was authorities, after he allegedly Helpline received 303,121 became aware she was being risk-of-harm reports. Of called over to the house by molested by her father but these, 226,766 were his sister (the plaintiff’s did nothing. mandatory reporters. mother) to counsel the The case will be back The duty to report father. before the Supreme Court behaviour that puts patients The abuse stopped for a next week. The women, now at risk, such as drug abuse time but resumed until 29, says her uncle, a Sydney or sexual abuse, will be 1991, when she was 11, doctor, had been negligent extended to 10 health when the sister witnessed and in breach of his professions – including an incident of abuse and the statutory duty in failing to optometrists, dentists, uncle was again called by report the sexual assaults to chiropractors, osteopaths, the mother. the police or the Department physiotherapists, The women says her of Community Services. pharmacists and uncle’s failure to report the Bill Madden, the national psychologists – when abuse four years earlier practice group leader of national standards apply allowed it to continue, medical law at law firm next week causing her more harm. Slater & Gordon, said the Mr Madden predicted that By age 12 she was using case would determine if in this case, the doctor might alcohol and cannabis; by 18 doctors and other try to escape liability by she had been expelled from mandatory reported treating arguing the information school, had developed a family and friends were came via a private, family heroin addiction and was liable for the psychological conversation. working as a prostitute. and financial harm cause to However, at an interlocutory Several psychiatrists have the victim because of their hearing in the Supreme diagnosed her with own failure to act. Court in March, the court psychiatric illnesses – Mr Madden said the case was told the uncle “acted as including borderline could also leave doctors the family medical personality disorder, open to be sued if they practitioner, writing complex post-traumatic discovered yet failed to prescriptions when they stress disorder and report that another doctor were needed and depression – all linked to the was having a sexual performing similar tasks”. years of sexual abuse and relationship with a patient. The court heard the probably made worse by the NSW legislation says all women’s father began to uncle’s failure to stop it. people who provide health- sexually abuse her in 1985, care, welfare, education, when she was four. children’s and residential He was charged and jailed
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Rights
Sydney Morning Herald, 20 May 2009 Bikie laws a threat to rights, says Cowdery
Andrew Clennell State Political Reporter
THE Director of Public which the Police Commissioner books is extremely dangerous Prosecutions, Nicholas chooses to make an and potentially open to serious Cowdery, QC, has condemned application. misuse". the Government's new bikie "Where will the line be Mr Cowdery writes: "It laws as "very troubling drawn?" he asks. matters not that the motives of legislation" that could lead to a "These words cast a very the urgers or policy makers police state and represent wide net … Why should the may be honourable … we all "another giant leap backwards responsibility for identifying need constantly to be alert to for human rights and the which organisations warrant the erosion of rights and be separation of powers - in short, being declared under the act be proactive in preventing it … the rule of law". vested in the Police This is especially a time for Mr Cowdery's warning comes Commissioner, an unelected vigilance in NSW. Someone after a second wave of anti- official? once described it as the price bikie laws passed through "The spectre of a police state of liberty." Parliament this week, this time lurks here: an unacceptable When Mr Rees rushed providing for penalties of up to slide from the separation of through the laws, he said it was five years' jail for members of a powers by linking the powers "proportionate response to an proscribed gang who of the Police Commissioner escalation in violence "recruited" members. with those of 'eligible' judges." [involving] outlaw motorcycle Last month the Premier, Mr Cowdery says the fact the gangs". He said bikie gangs had Nathan Rees, insisted the first Attorney-General has the "crossed the line" with the set of laws be rushed through power to declare which Sydney Airport brawl in March Parliament after the death at "eligible" Supreme Court judge and subsequent shootings on Sydney Airport of Anthony could hear an application to "public streets". Zervas during a bikie brawl. proscribe a gang meant an The laws received initial Those laws allow the Police attorney-general could have internal opposition from Mr Commissioner to move in the "unfettered power to 'stack' Hatzistergos. Supreme Court to proscribe the hearing of applications for Last year, the the fiercely criminal gangs and jail declarations of organisations independent Mr Cowdery members who associate with under the act with judges described the Iemma each other. willing to enforce it". government as as "ruthless" But the laws are yet to be used The Attorney-General could and guilty of "grubby" tactics and the Government will not also "revoke or qualify the and said Mr Hatzistergos was a say when they might be. authority of a judge to "micro-manager" who had lost In a paper published on his determine applications for sight of the "bigger picture". website, Mr Cowdery says: declarations if he or she does Recently, the Government "There may be a need for not perform to the legislated to give a future DPP better enforcement [rather] Government's satisfaction'. a 10-year-term in the job, than for legal powers." He says that while this may rather than open-ended tenure. He warns that the law "does not be the intention of the Mr Cowdery was unavailable not apply only to bikie gangs present Attorney-General, John for comment yesterday. but 'to any particular Hatzistergos, "a provision so organisation' in respect of drafted left on the statute
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Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 2 August 2007 $525,000 – the price of one stolen life
Todd Cardy
AN ABORIGINAL man taken an alcoholic and had an that the child was not from his family as a baby has erratic employment history unlawfully removed from been awarded more than after being taken as a child his parents because the
$500,000 compensation in a from his family. Aborigines Protection Board
was not part of the South Australian court, a The court heard the 50- first for a member of the year-old was depressed due Government. stolen generation. to a chronic insecurity and The Government was Bruce Trevorrow was 13 had been treated with ordered to pay $525,000 for months old when a antidepressants and injuries, losses and false neighbour drove him on tranquillisers since he was imprisonment. Christmas Day in 1957 from 10. Mr Trevorrow left court his Coorong family home, Justice Thomas Gray ruled saying he would pay off his south-east of Adelaide, to the in favour of Mr Trevorrow, house with the money. "I Children's Hospital with saying the state falsely thought that we would stomach pains. imprisoned him as a child never get there," he said. Hospital notes tendered to and owed him a duty of care "But the day's come when the South Australian for his pain and suffering. I've got the peace of mind to Supreme Court show staff Justice Gray said that Mr start my life." recorded that the child had Trevorrow had had a A spokesman for the South no parents and was "tumultuous young adult Australian Attorney-General, neglected and malnourished. life" and the removal of him Michael Atkinson, said the Two weeks later, he was from his family caused Government would seek given under the authority of injury and damage, which legal advice before deciding the Aborigines Protection manifested throughout his whether to appeal. Board to a woman, who later childhood and adult life. The former Aboriginal and became his foster parent, "The plaintiff has, thus far, Torres Strait Islander without the permission of generally had a miserable Commission chairwoman, his parents. He did not see life," he said in his findings. Lowitja O'Donoghue, said his family again for 10 years. "He does not belong. He the judgment was "a great In 1998, Mr Trevorrow feels isolated. His victory". sued the South Australian depression has led him to "It is time to understand Government for pain and abuse alcohol. This abuse there was a stolen suffering, alleging he had lost has compounded his generation, instead of all his cultural identity, problems." these history wars." suffered depression, became He rejected arguments
15
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 23 January 2008 Tasmania pays $5m to stolen generations
Joel Gibson Indigenous Affairs Reporter
TASMANIAN members of the The Tasmanian Premier, Paul Mr Mansell said Tasmanian stolen generations and their Lennon, said Tasmanians could Aborigines had great respect children will be paid lump not hope to move forward as a for Mr Groom, who was sums of about $58,000 and community without having the premier from 1992 to 1996 $5000 respectively in the next courage to address the wrongs and introduced land rights week under Australia's first - of the past. legislation in 1995, two and only - compensation fund "Our process makes a clear decades after it was passed on for Aboriginal children forcibly statement about the tolerant, the mainland. removed from their families. inclusive and progressive He said the scheme was a The Tasmanian Government attitudes of the modern model for what could be created the $5 million scheme Tasmania," Mr Lennon said. achieved if the Commonwealth in 2006 to compensate victims "This is not the end of the reversed its rejection of for the 19th- and 20th-century process. Making these compensation for stolen policies designed to assimilate payments does not mean our generations of victims on the them into mainstream job is done and reconciliation mainland - a reversal he is
Australia. The other states have is complete. I am committed to confident will happen. apologised for the practice. working with the Tasmanian "No matter how sincere Last year Bruce Trevorrow, a Aboriginal community into the Kevin Rudd's apology is, it will 50-year-old South Australian, future to … forge stronger reach the general public and became the first victim to win relations." the broader Aboriginal compensation through the The Tasmanian activist and community but not the actual courts. He was awarded lawyer Michael Mansell said victims, who are still suffering. $525,000. many of Tasmania's 8000 For them, an apology is not Of the 151 applications indigenous inhabitants had enough." received by Tasmania's accepted that they were not Reconciliation groups have independent assessor, Ray eligible for the scheme, even accused Labor of breaking an Groom, 106 were found to be though they were removed. election promise because its eligible for payment. Of those, "We were just hoping that the policy is to "provide a 84 people were victims and 22 process was fair and everyone comprehensive response" to were the children of victims I have spoken to, whether the 1997 Bringing Them Home who had died. Forty-five claims successful or not, has said they report, in which nine of 54 were rejected. were satisfied with the recommendations deal with The 22 children of stolen process," he said. compensation. generations victims will share Under the Tasmanian The Indigenous Affairs in $100,000 and the remaining scheme, the onus was on the Minister, Jenny Macklin, said $4.9 million will be split equally state to show it had done Labor would instead invest in among the 84 living applicants everything possible to return closing the 17-year life- who were removed, giving Aboriginal children to their expectancy gap between black them about $58,000 each. families if they were removed. and white Australians.
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Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 4 April 2009 Activists say intervention must be reviewed
Stephanie Peatling
THE discriminatory elements consistent with the declaration Minister, Kevin Rudd. of the Northern Territory Mr Calma said the “This is yet another intervention must be remedied Government’s support for the important piece in the jigsaw now that Australia has officially declaration was a “watershed that is closing gaps,” Professor supported the UN Declaration moment” in its relationship Dodson said. on the Rights of Indigenous with indigenous people. But indigenous campaigner Peoples, says the Aboriginal He said the challenge for the Barbra Shaw, from the Mount and Torres Strait Islander Government was to give Nancy Town Camp in Alice Social Justice Commissioner, meaning to the document’s 46 Springs, accused the Tom Calma. articles because indigenous Government of “absolute At a ceremony at Parliament people remains marginalised hypocrisy”. House yesterday the Minister and faced continuing The intervention in Northern for Indigenous Affairs, Jenny discrimination. Territory Aboriginal Macklin, said the Federal “The declaration could be put communities contravened the Government’s support for the to immediate use in Australia declaration, she said. declaration came after years of by providing guidance and “The Racial Discrimination opposition by the previous articulating minimum Act remains suspended and government. standards to help the Aboriginal communities “Australia today takes Government in addressing remain under the control of an another important step some of the discriminatory explicitly racist government,” towards resetting relations elements remaining in the said Ms Shaw, an anti- between indigenous and non- Northern Territory intervention activist. indigenous Australians,” she intervention,” he said. The Federal Opposition is said. Ms Macklin said she was still against the declaration, it Australia played a working on making the maintains that it will impose predominant role in drafting intervention into Northern legally binding obligations on the 2007 declaration, only to Territory communities Australia. vote against it, along with the constituent with the Racial The Opposition indigenous United States and New Zealand. Discrimination Act. affairs spokesman, Tony The declaration sets out the Legislation to reinstate the Abbott, used a speech in rights and protections to which act is expected later this year. Sydney to reverse his the world’s 370 million The Australian of the Year opposition to the apology. “It indigenous peoples should be and co-chairman of was a mistaken for us not to entitled. It calls for recognition Reconciliation Australia, Mick apologise,” Mr Abbott said. to education, practise of Dodson, said the Government’s “I’m pleased when Kevin traditional customs and land support for the declaration was Rudd did decide to apologise use. “another great thing, another that he was strongly supported The Federal Government says special thing” following the by the Coalition.” it will not have to change any apology to the stolen policies or laws to be generations by the Prime
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Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 3 July 2009 Labor acts to close Aboriginal health gap
Phillip Coorey Chief Political Correspondent
THE Commonwealth will enough statistical information neglect among indigenous mandate the sale of healthy to give us a clear indication of children were up to six times and affordable food in what's happening on the that of non-indigenous Aboriginal communities ground," the Prime Minister children but the Howard across the country in a bid to said. government's 2007 redress the "appalling" gulf in The measures were agreed intervention in the Northern health and life expectancy to at the Council of Australian Territory might have helped between indigenous and non- Governments meeting in increase the number of indigenous Australians. Darwin. reports, rather than the Under a handful of measures The meeting was preceded incidence of abuse. agreed to yesterday by the by the release of a Mr Rudd called the report Commonwealth and the Productivity Commission "devastating" while the states, the operators of food report which not only Indigenous Affairs Minister, stores within Aboriginal highlighted the scale of the Jenny Macklin, said it was "a communities would lose their problem but enabled the report on the Howard years". licences if they failed to Rudd Government to blame The Opposition indigenous maintain set standards. the Howard government for affairs spokesman, Tony The states, too, will have to the plight of Aboriginal Abbott, said the Government account for every dollar they Australia. should crack down on spend on indigenous The report, based on data truancy by fining parents education by detailing how collected largely until 2007, whose children failed to the money is used and the when Labor won the election, attend school. consequent impact on measured 50 indicators, Ms Macklin said Centrelink enrolment, attendance, including six targeted for already docked the welfare literacy, numeracy and improvement under Kevin payments of parents whose retention. Rudd's "closing the gap" children dodged school. And the Commonwealth and policy. The Nationals senator states have agreed to report It found between little and Barnaby Joyce said the every six months on progress no progress since 2001 in measures unveiled yesterday or otherwise towards targets such areas as health, housing, were little more then on improving health, literacy, numeracy, motherhood statements. education, housing and early employment and living "Sure, it's a noble gesture childhood. standards. but if I hear the word More than $46 million was Mr Rudd's policy aims to 'decisive' from Mr Rudd one allocated yesterday to close the life expectancy gap more time I think we will all improve data collection, an within a generation, halve the be violently ill," he said. admission there was a paucity difference in infant mortality The mandating of food of information with which to and employment rates within standards already exists in gauge the extent of the a decade and improve the Northern Territory communities where the problem. education. "There is simply not Reports of child abuse and intervention applies.
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Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 3 July 2009 Howard years a dark age for progress: Labor
Yuko Narusnima Indigenous Affairs Correspondant AN INDIGENOUS child in Australia policy. She said the Coalition had measured and gains were is now six times more likely to to accept responsibility for the measured in only 20 per cent. suffer abuse or neglect than a non- lack of progress since 2000. Rates of imprisonment had risen indigenous child - and 28 times "Tony Abbott [the Opposition by 46 per cent among indigenous more likely to be jailed. spokesman on indigenous affairs] women and 27 per cent among Despite government attempts to should recognise that this report indigenous men in the eight years stamp out inequality on six social is a report on the Howard years to 2008. and economic measures, a biennial and recognise that there is a lot Juvenile detention rose 27 per report by the Productivity more that needs to be done," she cent between 2001 and 2007, Commission said disparities were told Sky News. making indigenous minors 28 widening or showing negligible Ms Macklin was responding to a times as likely to be jailed as non- improvement. call by Mr Abbott for Labor to indigenous minors. The impact of the intervention crack down on truancy to improve The causes of disadvantage were and the financial downturn on the employment and health linked, the report said, so Indigenous and Torres Strait prospects of indigenous people. alleviating a problem such as Islander people could not be The Overcoming Indigenous overcrowding in houses could properly measured because of Disadvantage report measured 50 have multiple health and learning delays in data collection and in indicators, including six targeted benefits. policies taking effect, it said. for improvement by federal and Instances of reported child Gains made in employment and state governments at meetings in abuse and neglect doubled in the year 12 graduations were December 2007. eight years to 2008. Seven in neutralised by improvements in The goals were to close the life every 200 indigenous children the broader population. expectancy gap within a were now affected, six times the The indigenous employment rate generation, halve the difference in number of other Australian rose from 43 to 48 per cent in the infant mortality and employment children. Growing intolerance and five years to 2006 but still lagged rates within a decade and improve heightened awareness of crime 24 percentage points behind indigenous education at three could be behind the increase, the Australians in general. levels: early childhood, literacy report said. High school graduation rates and numeracy, and high school Although fewer indigenous rose to more than a third but made graduations. communities were without no advance on the 74 per cent of On no counts were significant electricity and sewerage, the latest non-indigenous students who improvements recorded. available figures showed 32 still completed year 12. In reading, writing and had no power system and 25 The Prime Minister, Kevin Rudd, numeracy, the report said "there lacked reliable sewerage. said the report was devastating. has been negligible change in "The things that work generally "We have to redouble and treble indigenous students' performance work because of co-operative our efforts to make an impact," he over the past 10 years and no approaches between government said. closing of the gap". In other areas, and communities," Mr Banks said. The Indigenous Affairs Minister, the gulf had widened. The economic downturn would Jenny Macklin, said the report was The chairman of the Productivity make future progress challenging, an indictment of the Howard Commission, Gary he said. government, which had Banks, said unacceptable introduced the intervention disparities persisted in every area
19
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 4 July 2009 Anger reigns in a place shamed before the world
Senior government officials detect mush resistance, partly because of the way Mutitjulu was singled out at the start.
Paul McGeough Chief Correspondent in Mutitjulu
THEY reveal the aspirations unreported. manager of the community of so many young Australians. A professional who visits the clinic, said there was no Outside, teenagers play Aussie community regularly argued evidence of abuse in women rules in the dirt - with grace that official exaggeration - an and children who came to the and grit. Inside, the guitars and inquiry found no evidence of a clinic but she worried victims drums of the Mutitjulu Band "pedophile ring", as claimed by might no longer trust the belt out the same track again the then minister for centre because of the hostile and again - I'm Thinking Family. Aboriginal affairs, Mal Brough - nature of the early A tiny girl, as innocent as she had made it impossible to get intervention. "Lots of women is naked, saunters through the the men of are finding courage to talk band. She taps at one of the about it, despite the issue drums, as children will. FROM DREAMTIME having been driven Elsewhere it would be cute but underground." TO REAL TIME this is Mutitjulu, a community A senior woman said the held up to the world as a issue remained sensitive. dangerous place for children. Mutitjulu to discuss child "We're trying to get people to Two years on, child abuse and abuse. But he believed there talk but first we have to talk sex abuse cause anger, disquiet still were cases of what he about other problems - drugs and uncertainty in the central described as "drug-related" and alcohol, gambling and Australian community that child abuse. domestic violence - before they became a target for the Howard Vincent Forrester, the have the confidence to deal government's military-led chairman of the community with this big one." intervention into Aboriginal corporation, told the Herald: "I She paused before affairs in the Northern thought the intervention was responding to a question on Territory. about child abuse but there the intervention's usefulness was never a child abused in Anger - that the media and against child abuse. "There's Mutitjulu. They brought in the the government singled out been no program to educate Mutitjulu as so much worse cops and none of this the community. There's been disgusting behaviour was than other communities. no consultation … No one has Disquiet - over how the issue found. We are not all drunks, come to us about this issue. It's should be addressed. And woman-bashers and a reason why we still don't uncertainty - that perhaps pedophiles." know what this intervention is abuse continues, but goes Penny Fairweather, the about."
20
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 4 July 2009 Between the rock and a hard place
Paul McGeough visited Mutitjulu – the crisis community that precipitated the Northern Territory intervention. He found mayhem and despair, but sparks of hope, too. This is his special report. The barking is incessant, and menacing. incomprehensible circumstances in which Like most Mutitjulu residents, Judy Nearly 130 snarling dogs lunge at the sides a man and his dogs can defeat what a Trigger, 55, has an open fire in her fenced of flimsy pens. The struggle to feed and prime minister launched as an operation yard. It's a place to gather - to sit and talk; water them overwhelms the dogman of so urgent to a crisis so disturbing that the to cook and eat. Trigger is one stout Mutitjulu, but others fear coming too close military had to lead. Overhauling decades defender of the income management in this dark corner of central Australia. of neglect and abandonment that made scheme at the intervention's core. "I tell Rounding up the animals over years, the Aboriginal Australians the New World's the families it's good for tucker and clothes rheumy-eyed Louie James pushed a car most deprived indigenous peoples was a … maybe for a TV, a fridge or washing wreck into each new cage to shelter the truly national challenge. machine. It's really good - but some people mostly-mongrel packs. On one bizarre The anthropological layers of Mutitjulu's don't like it." reading, his is a triumph of outback "can- social catastrophe are as difficult to penetrate Trigger did a list of changes brought by do" mentality - saving dogs on his terms. In as the animosity and ill-will whipped up by the intervention. "The clinic mob is helping reality, James has created a health and the intervention as it enters its third year. really good; the respite help is really good security monster which, two years on, "Apparently we're not Australian citizens any for the old people; the store is running defies the best efforts and huge resources more," the high-profile local Bob Randall better and the kids get fed at school. of what began as the Howard government's snaps. "They've put us back 25 years." "But we're still waiting for the old people's emergency intervention in Aboriginal Vincent Forrester, the recently appointed home, a swimming pool, the playground communities of the Northern Territory. chairman of the powerful Mutitjulu and the rec hall. We need to have a meeting James spends nearly his entire welfare Community Aboriginal Corporation, makes a to talk about new housing." cheque - more than $700 a fortnight - on single reluctant concession on the A few houses away, Barbara Tkikadu has dog biscuits, freighted to the desert by the intervention's usefulness: "Some of the old covered all bases. There's a groundsheet in pallet-load. "I just have a couple of bites to pensioners like to have their income managed the sunshine, next to a wood fire protected eat and the rest of my money is for them," …" from a biting winter wind by a sheet of he says, nodding at the yelping scrum. Mutitjulu was the intervention's political roofing iron pinned to a fence. She's James thinks he is 63. He sleeps in squalor attack point following allegations of wearing a new pair of pink, knee-high ugh in an abandoned demountable public toilet horrendous child and sexual abuse. But just boots. block. He has ripped out fittings to make 800 metres off the road hauling well-heeled "The money is not going on grog any room for a burgeoning mess he calls home. tourists circling Uluru, the results are mixed. more," she says. Then, with a quiet laugh of He spends much of his days staring at the There have been some improvements, but in apparent surprise at her own achievement, distance, hunkering in a lean-to of canvas the heart of such chronic societal breakdown, Tkikadu gets personal. "I was able to buy a few seem to know which way to turn. he has stretched in the spindly branches of car for the family. There's money for the Like George Bush's invasion of Iraq, the a punti tree, repeating again and again little ones too," she adds, patting her propriety of the initial Howard strategy is still accounts of broken promises and of grant stomach, pointing to her grandchildren hotly debated, possibly even at the expense of money that disappeared - either to rid the and smiling. progress towards refinements of the program community of the dogs or to improve the But if Mutitjulu women are on board, by the Rudd Government. At its core, the hovel in which he lives. "Misused, stolen, male attitudes to the intervention range intervention was billed as a war on substance from ambivalence to open hostility. misappropriated - you choose," he says, abuse - grog and petrol; a mission to rescue Senior government officials detect much clutching a pup in his lap. children and women from abuse and In the absence of any other official effort, violence, and by quarantining their income to resistance, partly because of the way the local shire is now grappling with the be spent on food, clothing and household Mutitjulu was singled out at the start. dog crisis. It thought the RSPCA might goods - not alcohol and tobacco; an attempt Senior government officials detect much tackle James's mongrel pack - but not so to close the black-white gap in health and resistance, partly because of the way remotely, apparently. It wondered about education; and to create real jobs, instead of Mutitjulu was singled out at the start. the police. No. Maybe the national park distributing "sit-down" money. But it also "They think they were picked on," said one, rangers at Uluru. Seemingly, no. was seen as an effort to end a culture of referring to the community's portrayal as a Mutitjulu exists in a complex, troubling welfare by embedding a new ideology in such centre of child sex abuse. "It's been very void, somewhere between dreamtime and a way that subsequent governments might difficult to make things happen, and it's only real time. Discovering its precise location - only tinker with, not uproot. in recent weeks that the local suspicion is so hard up against Australia's grandest Labor is moving to soften some of the breaking down." tourism showcase, Uluru - is a serious sharper edges of the Howard program, but Just last month, a week or two shy of the assault on the senses. 57-year-old Forrester remains contemptuous. intervention's second anniversary, Mutitjulu Without signposts, the turn-off from the "Rudd is doing very well in job creation - had its first network meeting of all service road looping the Rock to this fractured, hundreds more new public servants come out providers - school, police, shire, clinic, dysfunctional mess deviates from the well- here in brand-new Toyotas to talk about government business manager, job networker heeled tourist procession a mere 100 projects," he snarls. "Toyota is doing very and contractors. Said a triumphant Dorothea metres from the world's biggest monolith. well but nothing ever happens here." Randall, a community activist and Mutitjulu This somehow encapsulates the That's not strictly true. Community Aboriginal Corporation
21
Between the rock and a hard place (cont...)
director: "This was a positive step forward, adequately staffing the new $2.4 million and a comparative educational advantage with all telling each other what they were Mutitjulu police station. Police say both had a negative effect in remote doing. We haven't had that for a long time." initiatives reduced "in-your-face crime and communities, the council told a coroner's Randall takes as much heart from that anti-social behaviour - domestic violence inquest in 2005: "Some of [them] are meeting as she does from the level of and hooning in vehicles". alleged by NPY members and suspected by community support for a coming workshop NT authorities say more children attend the police to be the main suppliers of illicit on drugs. "Mal Brough [the Howard school - up from a 57 per cent average substances - locals feel unable to provide government indigenous affairs minister] primary school attendance to 73 per cent. names because these more recent arrivals offered $400,000 to get rid of the Louie But on the first day of a Herald visit last are their relatives." James dog problem," Randall says. "But month, police good-naturedly patrolled the Says an outsider: "Mutitjulu runs on fear. money doesn't always solve these things. In community offering an unspecified reward Just about every bloke there has something that case it was dogs, but in other cases it's for older children to attend classes. Just a to hide that is used against him - drug and about getting kids to school or stopping single teenager had shown up the previous alcohol abuse, theft, domestic violence. One drugs. I'm excited because people here are day. guy has come good and now is a great showing signs of wanting to do things for The most important development - in the worker. But he has a history of selling themselves." eyes of Mutitjulu insiders and outsiders - drugs and that history is used to threaten There is debate in the community about was the decision by residents early this him - 'we'll dob you into the police.' " The jobs and encouragement of the young. year to have Mutitjulu included in the informant pauses, then peels away another Highly critical of the few jobs for locals in a MacDonnell Shire Council. Here they see layer of the Mutitjulu onion. Getting at national park on their land, the critique by the first opportunity in years to fix a influences "under the surface" is very one local revealed this self-examination. debilitating crisis of decision-making and difficult "because people are very "It's not necessarily the fault of Parks or of governance. suspicious and others stand over them". the road contractors - there was an Before the intervention, Mutitjulu Mutitjulu has a battlefield's surreal invitation to be involved, but our young community's businesses and a good tension. Such is the volume of allegations people don't want to work." portion of services ordinarily provided by swarming between factions, often But the Mutitjulu Community Aboriginal municipalities were run by the Mutitjulu anonymously, that a federal official warns: Corporation chairman, Vincent Forrester, Community Aboriginal Corporation, a "In Mutitjulu you don't know who's telling sees his people locked out. Of a $20 million locally elected body funded with $3 million the truth, because so many people are project to build a viewing area at the Rock, a year from Canberra. But after 2006 having a go at each other." Forrester says, just one Mutitjulu man got allegations of young girls prostituting Insiders and regular visitors say the work, and that was for $250 worth of site themselves in return for petrol which they controlling figure in the dominant faction clearance. sniffed, and of girls as young as five with of the corporation is Mario Giuseppe, 48. He exaggerated - but not by much. The sexually transmitted diseases, Canberra He, his wife Alice Giuseppe and half- Department of the Environment, Water, pulled its funding and appointed an brother Vincent Forrester occupy several Heritage and the Arts confirmed to the administrator. positions on the boards of the corporation Herald that "in any month, up to six locals The role of the corporation and some of and its associated companies. Some were employed … with attempts to employ the most powerful community figures was allegations hurled at Mario Giuseppe have more proving unsuccessful". There are controversially dragged into the spotlight. the weight more of a wild political stab three indigenous workers on the present In January, the people of Mutitjulu took the than a forensically-provable case. It was phase of the project - none is from big step of opting to join the 13 other impossible for the Herald to substantiate Mutitjulu. Likewise, last month just five communities that make up the sprawling charges that the resources of the Mutitjulu people had full-time jobs in the new MacDonnell Shire. Intervention corporation were "Mario's private Uluru-Kata Tjuta National Park - which observers see the shire council as a fiefdom," or that he might have been includes Mutitjulu. Fifty-five get an competitive new pivot of local power that involved in circumstances which led to a occasional day's work - 13 in January, 28 in might help crack the corporation. 15-year-old girl taking her own life. February, 33 last month. Through its control of business Interviewed by the Herald, Mario Others pin hopes on leaner pickings. A operations, the corporation remains a Giuseppe and Vincent Forrester addressed $1.2 million project for staff housing for the major player in community affairs. It owns the allegations publicly for the first time - community's respite care service is being and appoints the directors of Gumlake Pty they denied them all. Yet the push is on for held up because park management hasn't Ltd, which runs Mutitjulu's community a community meeting to consider a vote of formally approved the Mutitjulu housing store as well as the Walkatajar Art Centre no-confidence in the corporation board, needed for the extra centre staff. and souvenir shop and cafe at Uluru's amid claims that Forrester was ineligible In a community where children swim in Cultural Centre. These are described as a as a candidate for the Mutitjulu Community sewerage treatment ponds to escape the multi-million dollar operation, yet, when Aboriginal Corporation chairmanship, and searing summer heat, the same authority is questioned, the corporation and locals alleged irregularities in the conduct of the accused of stonewalling on approval for a acknowledge recent contributions to the meeting at which he was appointed. swimming pool. community of a new wheelbarrow and In what amounts to a petition war, each A spokeswoman says the national parks shovels and brooms for households. side accuses the other of buying support. director had not received environmental Aboriginal activist groups - such as the Giuseppe is accused of countering the call impact statements for either project. Ngaanyatjarra Pitjantjatjara for a vote of no-confidence with his own Wheeling out an argument the community Yankunytjatjara Women's Council in petition signed by just "six or seven of his says it hears whenever it wants work done Central Australia - have identified the likes people who get handouts" and of "turning" - water and power services to Mutitjulu are of the Mutitjulu Community Aboriginal a reformist candidate by selling him a car at their limit - the spokeswoman also Corporation as providing lucrative power at a significant discount. seemed to confirm the locals' suspicion that bases for new arrivals of part-Aboriginal An organiser of the no-confidence push neither would go ahead. descent who claim family links in the was Dorothea Randall, a director of both Not until last September did a community community. the corporation and the community clinic. night patrol get up and running, putting They cite Mutitjulu as especially ripe and She refused a Herald approach to discuss local faces on the front line against alcohol rich pickings. Many in Mutitjulu refuse to Mutitjulu politics, prompting an outsider to and drugs. And the Northern Territory put their names to allegations against a observe: "She's afraid because she is so Government - well aware years ahead of clique now controlling the corporation, but bullied and harassed by the [corporation] Canberra's intervention of the community's complaints they made to the Herald are in gang and people are too scared to meet or crisis of substance abuse, teenage addition to those articulated in official to ask questions." prostitution and sexually-transmitted forums by the women's council. Arguing "Mario Giuseppe and his gang are very diseases - had to be shamed into that Aborigines with urban backgrounds difficult to deal with," a regular participant
22
Between the rock and a hard place (cont...)
in the business of the community observes. happens in Aboriginal communities was "We are seeing things and hearing stories "Philosophically, they're opposed to the explained to us more graphically by a that make us worry - we are really worried intervention and they still have the power Mutitjulu local: "A lot of families here have about the money story," the petition said. to direct political outcomes in the reported things, but when nothing gets Giuseppe told the Herald: "It's not a community." done, lives are at risk - so people who political struggle. It's a get-Mario campaign When the Herald went to his home, Mario might complain close down." and it has the backing of the Government." Giuseppe wielded an artist's paintbrush as Forrester voiced outrage at suggestions He argued the business books had been he opened the door. Claiming he was too Mario Giuseppe might have condoned the legally examined and verified and claimed busy to talk about life in Mutitjulu since the petrol-for-sex ring in Mutitjulu. "Just those "forced" to sign the petition were start of the intervention, the man who because my brother has an Italian name given "shop money" by an instigator. sometimes refers to himself as a doesn't mean that he's in the Mafia. I have "I have the full confidence of most of the "Wogorigine", because of his Italian father, questioned him about these allegations people in the community - they trust my directed us to a pastoral holding on the and he denies it all. He's an Aboriginal judgment and the people behind the road to Alice Springs, where he would health worker, and he had nothing to do petition are jealous. All we're doing is attend a land ceremony the following day. with the Forbes death. clearing out human shit, most of it planted He would talk then, he said. "The coroner didn't call him … they didn't by the Government to bring this place to its By the next morning, however, his mind call on his expertise, even though his knees." had seemingly changed. He denied recommendations that the Forbes case be Dismissing as "bullshit" the allegations of knowledge of a petition demanding his referred to the police before her death his and his family's involvement in drugs, removal from the community's businesses were ignored. He tried to report the abuse Giuseppe told the Herald: "I smoke dope and snapped that "the positions I hold are of that girl - you don't get the pox from for myself - but I don't sell it." Denying any confidential". nothing - but others blocked him. It's role in the death of Kunmanara Forbes, he “Go away," Giuseppe said when we abhorrent to say that he was involved in said: "As a health worker I saw what was attempted another question. "Didn't you her death," Forrester says. happening with her and I informed Bob hear, I said 'go away,' " he bellowed, tilting Drug abuse in Mutitjulu is blamed largely Randall, the director of the community his bulk towards me. on Giuseppe and his power circle of health centre [and a signatory to the anti- After Giuseppe spoke privately with community leaders. But Forrester says: Giuseppe petition] and I told the senior Forrester, the latter apologised to us for his "It's just kids with a bit of pot. And if you nurses in the clinic, but nothing was done." brother's attitude. "He's a grumpy sort of are checking here, you should check the Giuseppe claimed the Federal bloke," he explained. "But that's just his kids at the University of Sydney." Government opposed him because he was personality." Forrester claimed he was in the vanguard an early and vocal critic of the intervention The interest by government officials and of protecting locals while police failed to - "I play chess with them, they don't like it activists inside and outside Mutitjulu goes deal with known criminals. "They're selling and they want to bring me down. But this way beyond Mario Giuseppe's demeanour, drugs, but the cops don't deal with them - intervention of theirs is wrong, it's wicked however. so it's my job to find them and to get rid of and it's evil." Apart from allegations of questionable them." Back at the toilet block that is Louie business practices, the community is locked He vehemently rejected allegations from James's home, dogs go wild at the rustle of in tit-for-tat suggestions over the extent to critics in the community, and official plastic containing dog biscuits. James which individuals - if any - could be observers, that Giuseppe and some growls at them to hush and they growl implicated in the December 2006 suicide at relatives and associates were drug dealers. back, baring their teeth. He dumps a dozen Mutitjulu of a 15-year-old girl who, in "That's character assassination - a load of bags - each eight kilograms - into the cages, death, is referred to as Kunmanara Forbes. rubbish. I challenge anyone to say that I slashing the bags with a carving knife and The findings of the coroner, Greg Cavanagh, have sold drugs. Look, I'm a flower-power spraying the biscuits across the red dirt. were handed down while the Herald was at child and I have smoked it, but I have never The barking gives way to the strange Mutitjulu. They were the cause of sold it. None of my family sells or sold it - sound of dozens of dogs chomping on community consternation - more for what not me, not Mario and not Luke [Mario's biscuits, something like pebbles rolling in a wasn't said. son]. They don't even smoke tobacco." stream. That Cavanagh harshly criticised the Forrester argues the community should "It's going to hurt, but I know something police investigation and welfare agencies elevate Giuseppe and others to pedestals has to be done," James concedes. "I can't that might have rescued the girl from her to acknowledge their contributions to the look after them alone - it's cruel to try to sex-for-petrol existence with Mutitjulu men community. "Mario and these guys have keep them all." surprised no one. But Forbes, who by 13 saved $250,000 by restructuring the Mutitjulu goes about its unreal ways. had contracted two STDs, made no businesses in the last three months … Louie James has been assessed over complaint or admission to health workers we're pulling good profits and we have whether he can cope psychologically with and police who interviewed her. about $1 million in the bank." the loss of the dogs - "it could destroy him," A nurse at Mutitjulu testified she was He denied his and his half-brother's a shire official says. The council is drawing discouraged from reporting Forbes to the faction won support by selling discounted up a plan for police, park rangers, a local authorities unless "the family agreed" - and cars and offering other inducements. At vet and its own staff to finally deal with the then was sacked before her contract Angas Downs, we were leaving when dog crisis. In the meantime, the shire has expired. An Alice Springs doctor, having Giuseppe reappeared, advanced cornered the local market for dog biscuits, reviewed the Forbes file, told Cavanagh: "It aggressively and shouted: "You just want a concluding that responsibility for the was almost like seeing a horror movie dirt file." Just as suddenly, he agreed to be animals includes responsibility for their where you know what's going to happen at interviewed. This time, he indicated feeding. the end." awareness of the petition to remove him "We see the dog issue as an emergency Accepting a woman police sergeant's from the Mutitjulu Community Aboriginal situation," says a shire officer, seemingly evidence that she was unsurprised by Corporation top roles. unaware that he has invoked John Forbes's silence, Cavanagh wrote that The January petition called for the Howard's language in launching the "factors including community or cultural banning of Mario and Alice Giuseppe and intervention to wrestle Mutitjulu into the shame, lack of support systems, and Harry Wilson from any role in Mutitjulu light. adolescence itself all contribute to a businesses. It was signed by more than 30 difficulty for investigators in obtaining people who described themselves as disclosures even when the surrounding traditional owners, corporation councillors circumstances strongly suggest there have and Mutitjulu residents, and declaring no been offences committed". confidence in the directors of This reticence to alert authorities to what Gumlake Pty Ltd.
23
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 4 July 2009, Opinion Page A long, slow detour in the Northern Territory
PAUL McGEOUGH reports in The Indigenous Affairs Minister, attest, a short-term fix will work today's Herald on the Mutitjulu Jenny Macklin, described it as a for a while - though it may be a community, near Uluru, and its report on the Howard years, an questionable way to deliver reaction to the federal indictment of the government government services. But what intervention in the Northern which had brought in the happens when the extra advisers Territory. When the intervention intervention. It was a ridiculous and the additional resources go? was launched in June 2007, much comment. On the intervention The intervention was always a was expected - rightly - of such a itself the report is patchy: when temporary measure, but little vigorous and radical move to its statistics cover the thought seems to have been given assist indigenous communities. intervention period at all, they by those who devised it to what Less has been achieved than was stop in its early stages. Some, would come after it. Like the Iraq hoped. Some community members indeed, may appear worse war, there was no exit strategy. - particularly women, who see the because the intervention has A sign that the Rudd toll that destructive behaviour meant more problems are Government, like its predecessor, takes on families and children - reported. still lacks such a strategy is defend the income management More broadly though, no Thursday's decision by the federal scheme which dictates how government on either side of and state governments to require welfare payments can be spent. politics has managed indigenous shops in Aboriginal communities Others though resent the loss of affairs well. The intervention - to sell healthy food, or lose their freedom it entails. As McGeough politically convenient though it licences. A ban on pies? Is that reports, the division of opinion may have been for Mr Howard at really the best we can now do for reflects a deeper division in the the time - was a genuine attempt indigenous Australians? community over political control. to increase the resources available To be legal the intervention had But even so both camps have good to treat long-standing problems. to set aside anti-discrimination arguments on their side. And the That is not to argue, though, that legislation. It thus represents the division in Mutitjulu is mirrored the intervention has been a return of a paternalistic approach by a similar division of opinion in success. That verdict cannot be to indigenous affairs, which most the wider Australian community. delivered yet. And it must be said would have thought had been The Productivity Commission's that the intervention has always discredited and superseded in the report on the performance of had a central conceptual flaw. By 1970s or perhaps even earlier. welfare measures to overcome treating the long-standing, Anti-discrimination laws indigenous disadvantage, fiendishly complex problems of represent the approach which published on Thursday, makes indigenous society as an superseded paternalism. depressing reading. On most emergency, it radically The granting of equal rights to indicators, no significant progress underestimates the time involved indigenous Australians, and had been made in the report's in treating them. The arrival of welfare programs targeted to time-frame. Though indigenous camouflaged soldiers and their address their disadvantage, Australians might have progressed equipment, health officials and formed part of it. Those rights still in some areas - completing year welfare advisers, may play well on exist. They must at some stage, 12, for example, or lifting the share television, but how long will they preferably soon, be returned to of the population in work - the stay? The problems the indigenous Australians living in non-indigenous population had intervention was meant to communities. For better or worse also progressed, leaving address were certainly urgent, - and quite possibly, let us admit, indigenous Australians as far and needed urgent treatment of a worse in the initial stages - they behind as ever. On the remaining type which they were not must live unsupervised, and by indicators, the situation actually receiving. But they are also the the rules which govern the rest of got worse. long-term problems of a society us. Pies and all. If that news was depressing, so which has become dysfunctional. was the Government's response. As the mothers of Mutitjulu
24
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 4 July 2009 Promises galore, but change slow to come
Many feel that intervention has failed to deliver, writes . Paul McGeough in Gunbalanya. Alex Siebert is angry - face ruddy and red; would commonly drink 20 cans of beer in their way of thinking don't know how it chest thrust forward; and a finger stabbing an hour. works. And every time we get a new town the air. The publican reckons he knows his The club, the only beer joint in a clerk we go backwards two years. enemies, and chief among them is the community that otherwise is officially dry, "They want this place closed? Well, let affable Dr Hugh Heggie, with his shiny bald is owned by the local Aborigines. Heggie them go for it. They should know that you head and his Bali bracelets. has been in Gunbalanya for more than can never control a substance - prohibition Each swears he does a good job by this three years. But Siebert, as a local fixture didn't work." remote community in the Northern for more than 20 years, sees the doctor as Over at the clinic, Heggie takes the edge Territory, one of more than 70 that have a Johnny-come-lately. off his indignation at the conduct of the been locked into "the intervention", a In the club conference room Siebert intervention - slightly - with a sense of scheme billed as an "emergency" attempt to dumped a pile of Lever Arch files on a table humour and a practised ability to get up close a shameful gap between black and for the Herald: the daily-takings book, bank the nose of Canberra bureaucrats. If the white Australia when it was launched by statements, minutes of the committee's health team that spearheaded the the prime minister, John Howard, in 2007. meetings. "You'll have heard a lot of what intervention's arrival in Gunbalanya was to To sit beneath the shade-cloth at the back people don't know about the club," he said, have a military escort, then so would the of the local clinic, as the doctor discusses as one of his staff attempts to restrain him. community - back in 2007, Hugh Heggie cases with colleagues or chats with the "Anything else you want to look at? stepped forward to salute them, wearing locals - sometimes in their own language - "I don't have to do this. But before the combat fatigues and a cap. and to observe a near saintly dedication is, intervention we had a turnover of $4.5 Both Siebert and Heggie seem set to duke in a way, what we might expect from a good million a year - now it's down to $2.2 it out for as long as it takes. But weighing bush doctor. million. On a gross profit of 68 per cent, we heavier in the minds of a community to But sitting on the lawns of the net about 20 per cent - is that so bad?" which the Herald was directed by Federal Gunbalanya Sports and Social Club, all that Figuring that the club's - his - lost Government officials who judged the feisty Siebert has to say makes sense revenue is spent elsewhere on sly grog, Gunbalanya to be one of the better- too - until it is understood that his patrons Siebert argues that if the people of functioning "intervention" communities is are the doctor's patients and that the club's Gunbalanya want to drink, then let them the very viability of what has been cash machines and urinals are black holes do so under his watchful eye and keep the revealed to be an unwieldy, slow-moving into which this deprived and sickly money in the community. "You can bring program. community chooses to pour millions of your baby in here and you'll not get a fight Take the chronic housing needs of the dollars each year. - it's better than any pub in Darwin," he locals. Watching Canberra's clumsy, As club opening time approaches on four ventures. wasteful effort to provide a place for afternoons each week, a reflexive action He ticks off the club's work to the Gunbalanya's newly appointed takes hold of Gunbalanya as anywhere community - the swimming pool, a government business manager, the between 300 and 600 people head for the recreation centre, a charter-aircraft community is entitled to feel hugely club and the shade of its banyan trees - like service, sports sponsorships and a $30,000 insulted. termites, as Heggie put it. At the club, contribution to the basketball courts. "We The housing shortage is so bad in attendants haul the beer from the fridges used to donate $3000 for each funeral - Gunbalanya that up to 30 people live in a by the full cartons - an exercise in binge now it's only $1500. We put up $40,000 for three-bedroom home. The average is 17, selling that has to be seen as a break on last year's initiation ceremonies - for the invariably turning homes into chaotic binge drinking, so they sell them over the food and a truck that blew up - but there's health hazards, in which the sick and the bar one at a time. no money for that kind of stuff now. We drunk make it impossible for the few who The doctor reckons Siebert jumped before were doing a free, full-on barbecue for the are employed or those of school age to he was pushed, by seemingly volunteering drinkers, but because of the fall away in have even a half-normal existence. Some to wind back the club's trading hours and trade with the intervention, we have to families have pup-tents on their verandas the strength of the beer - wine and spirits charge $5 now. to accommodate the overflow. are not sold - before the intervention in "I'm a fairly hard man, and some people By some estimates Gunbalanya needs mid-2007. don't like how I present myself; some even 100 new houses, a dire need that was The doctor suspects Siebert manipulates think I'm an arrogant pig." acknowledged by Canberra when the the club's management committee and But the so-called arrogant pig is offended intervention was announced - $28 million plays contacts in the police and NT - "honestly, I'm sick of defending myself was allocated for new housing here. That Licensing Commission to win favourable and the club. I get audited every year - my was in July 2007, and in the meantime treatment. And over the publican's critics don't. I'm a JP and I've had more nothing has happened on the ground. Shire protestations, Heggie still wonders if the investigations into my criminal history officials warn that as much as a third of the books of the community-owned club are than any of these people - I don't have one. funds may disappear on consultancy and cooked. I had to change accountants because they design charges. Then his health professional's hammer said I was in cahoots with the auditors." In the way of government, the only blow hits the club: "[Since the restrictions Siebert makes an effort to draw breath. housing construction in Gunbalanya so far came in back in 2007] the collective liver "Those clinic people don't like coming up has been an office-living complex for a new functioning of Gunbalanya has improved here. The school was delighted when the class of bush poobah - the Canberra- almost 100 per cent … and more people are last floods forced us to shut down - we appointed government business manager, showing that they want to stop drinking." thought it might be for months, but it was or pointsman for the intervention. And The club sells only light beer, at $5 a can only two weeks. Three of the teachers even this has been an ill-managed or stubbie. The lunch-time opening has helped us fix up the place, but the rest of catastrophe. been abandoned, and with it what locals them didn't give a f---." At Gunbalanya local guessing is that the still remember as binge-drinking no "These blow-ins …" - read Hugh Heggie - prefabricated buildings for the business ordinary liver could survive, when men "who want to change the community to were trucked in at a cost of perhaps
25
Promises galore, but change slow to come (cont...)
$450,000 - only to be found to be that either of them was declared bankrupt. of some homes in Gunbalanya, one of the uninhabitable. They were customised And Griffioen backed him, telling the sunniest corners of the Earth, become so shipping containers, bought by Canberra in Herald that the business was sold as a advanced as to offer costly-to-run electrical a job-lot of 150 that was sourced in China. going concern and that Mischefski was hot-water systems, instead of solar? They were contaminated with poisonous fairly appointed on the strength of his local A professional who has been posted to formaldehyde. They still stand as an government experience in Darwin. the community argued that the word abandoned complex on the community's The sense in Gunbalanya is that the "change" had no meaning in the main street - and next to them is a second, community has been short-changed by community - because whenever it was replacement complex, trucked in at an Canberra - and by Darwin. used, nothing happened. estimated cost of yet another $450,000 that Take the petrol-sniffing crisis. In the "What intervention?" she asked. "Apart also has been found to be unhabitable months preceding the intervention, from two new cops and the government because it too was contaminated with Gunbalanya was horrified by the deaths of business manager, I can't think of a single formaldehyde. two teenagers and the permanent brain- thing that has happened. Houses? Pie in the If they were safe to live in they might damaging of a third after they spent hours sky …" house half-a-dozen local families who, sniffing petrol in an enclosed shipping A senior Aboriginal woman: "It's just instead, continue to live in squalor. container. another bid to take control of us with But amid more guffawing by the rest of It is plausible that such a community stories and promises. Nothing real has the non-indigenous community, the GBM, might stumble around on its own for more been done for indigenous people since as he is called, works from his new office than two years as it grappled with the forever - just more Band-Aids. I find myself but is lodging either at the local club or shock of such a tragedy and the elements becoming more and more negative, half-an-hour down the road in the of a plan to keep all sniffable substances because we just go around and around in crocodile-shaped Holiday Inn at Jabiru. "In under lock and key. circles - I've been here a long time, and the a community where housing is at such a But that it took more than two years, complacency and lethargy is the worst it's premium, this is outrageous," a with all of the bureaucratic and ever been." professional posted to Gunbalanya told the professional heft of the intervention, is a At a time when government and other Herald. "An expensive way to do business, poor confidence-building exercise for a agencies see women as stronger than men don't you think?" troubled community. in the communities, a group of women who When the hand-wringing over this What a hoot, the locals say, that so many spoke to the Herald issued a heartfelt episode is done, locals - black and white - parents simply ignored the intervention's warning: "The pace of change is too slow. speak well of their new GBM, Peter Lawler. demand that they bring their children in to What happens with strong women is that But they move on quickly to focus on one of be examined - especially when the local they give up, they turn to drink and they the NT government's "reforms" that has clinic did a good job with its regular checks burn out. We thought after six months of paralleled the intervention - the on the whole community. If this was an the intervention, they're still talking; and abandonment of councils or corporations "emergency", why did it take 18 months to now after two years - and they still call it for single remote communities in favour of fly kids out for dental treatment? And two an 'emergency?' " "super-shires" which service a dozen or years for the kids with hearing difficulties? This warning leapt to mind on meeting more communities. "It's a great way to The curb on alcohol sales at the club has Gurmbaladj Nabegeyo, a Gunbalanya disempower the people," a senior non- coincided with a drop of about 30 per cent grandmother who, by all accounts, is one of indigenous figure in the community says. in clinic call-outs for domestic violence and the strongest and most influential women On this issue, the lightning rod is Tony health professionals describe the locals as in the community. Mischefski, the West Arnhem Shire's being generally "more functional" in the In the community she is harried. In the resident services manager. afternoons, but there has been an increase evenings she joins the night patrol, hoiking Much to his and the council's in road accidents as the locals drive 200 children out of the gambling schools that embarrassment, Mischefski's white Toyota, kilometres or more to slake their thirst - gather under the street lights in decorated with the shire logo, now is on full sometimes returning drunk. Gunbalanya; or she is at a teenager's disco view for all who drive past the police And, they say, for all Canberra's huffing - watching out to "get the names of the compound, where it is locked up with a and puffing, 25 per cent of the children are problems"; and in the day, she is hustling dozen or more other vehicles confiscated still listed as malnourished, and "this people to get to a meeting on substance by the police from sly-grog runners. statistic has not improved in three years", abuse. Mischefski is not directly implicated - two one of the local professionals said. But when the Herald joined her and a of his employees who were authorised to By one back-of-an-envelope reckoning, if group of other old women on a drive into use his vehicle were the alleged boot- Canberra had sent the money it spent on the wilds of Kakadu National Park, to leggers. But Mischefski and his family have the first, well-paid intervention health- gather pandanus grass for basket weaving, been controversial characters since their teams, Gunbalanya could have employed she was a study in contrasts - alive to being arrival in Gunbalanya last year. Quite apart two children's health nurses for a year. in the bush but, as she put it, "crying in her from his post as the local services manager, Others argue there has been little change heart" for the young Aborigines of his wife, son and daughter-in-law were also in the extent of the sly-grog runs - before Gunbalanya and all the "sorry business", an on the shire staff till a few weeks ago - and after the start of the intervention. A Aboriginal term for crisis and funerals, when the son and daughter-in-law were local explains: "It's just that it was less grief and loss. obliged to leave town in a hurry, after a obvious before the intervention, because "For a long time I knew only my mother threatened punch-up at the council offices everyone was pissed all the time." and my father - and I learn from them. But and the vandalising of a car belonging to a There is the same gender split in support I don't understand what is going on with member of the Siebert family at the club. for income management - many of the this generation - it's strange to me. We are Asked about charges of nepotism, the women like it - but store staff say that losing them - no one tells them the stories, shire's chief executive, Mark Griffioen, within families, younger members clean they are missing out because there is no defended the council's recruitment policies, out the debit cards issued for quarantined culture." telling the Herald: "Now that two members purchases by old people because there is There is much complaining in of this family have left, I think the concerns no ID photograph on the cards. The quality Gunbalanya about the challenge of getting about nepotism might subside." of food is better, but prices are higher. local children to attend school. But there is still the issue of Mischefski's Yes, they got a women's safe-house and a It doesn't help that the horn in the school background. Google-searching this name, better-functioning night patrol; there is bus doesn't work, but the local police have some of the locals have turned up a more and better food available and less come to the party and each morning they bankruptcy case in New Zealand with the "humbugging", but good as all that is, none follow the school bus - obligingly tooting same surname. Mischefski is a Kiwi and, of it warranted the hullabaloo of a pre- their horn as the bus goes from house to indeed, he and his wife ran a small-goods election "emergency" operation. house. business in New Zealand, but he denies How, they ask, did plans for renovation Clearly one who did not catch the bus
26
Promises galore, but change slow to come (cont...)
often enough has joined the ranks of the local graffiti vandals. Recently he daubed two words on the fence opposite the compound where the police hold the vehicles confiscated from the sly-grog runners - "FACK [sic] OFF".
27
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 28 August 2009 End culture of racism, says UN inspector
Yuko Narushima Indigenous Affairs Correspondent COMPULSORY land takeovers, resilience and vision of indigenous numbers of men and women and welfare quarantining and forced communities determined to move would operate as a company, alcohol and pornography bans towards a better future despite preferably launched with a $5 must cease if Australia's ''broad- having endured tremendous million contribution from sweep'' intervention is to comply suffering at the hands of historical government. This would allow with international law, the United forces and entrenched racism''. both financial and structural Nations says. He will make recommendations independence and freedom from The UN special rapporteur on to the Government within six political manipulation. indigenous human rights, James months. Any indigenous person could Anaya, yesterday gave a damning Among his concerns was the nominate for a position on the assessment of entrenched racism Government's attempt to seize four-tiered body. Mr Calma hit out that persisted in Australia, control of Alice Springs town at critics for undermining the specifying measures in the camps. ''It's a mistake to assume body before its details were Northern Territory intervention. that indigenous peoples, at least in known. The executive, to be co- Just hours earlier, the Aboriginal the medium or longer term, are chaired by a man and a woman, and Torres Strait Islander Social incapable of taking care of their would be elected, with the Justice Commissioner, Tom Calma, homes.'' congress of 128 delegates chosen revealed modelling for the first A similar assumption on merit. Each would be refreshed representative body for underpinning welfare every two years and give voice to indigenous people since the quarantining was demeaning, he the young, disabled and elderly, abolition of ATSIC in 2005. said. alongside representatives of The absence of such a body had Yesterday was a historic day for existing indigenous organisations. allowed the 2007 intervention to indigenous self-determination in The Indigenous Affairs Minister, take its one-size-fits-all form, Mr Australia, Mr Calma said. A new Jenny Macklin, welcomed details Calma said. representative body would of the model and said she looked Both men called for the urgent convene its first meeting in forward to Professor Anaya's reinstatement of the Racial October next year. report. Discrimination Act, and lashed the Unlike its predecessor ATSIC, the ''We share much common Government for treating body would comprise equal ground including the legitimate indigenous people as a mass. numbers of men and women and entitlement of indigenous people ''The broad sweep that we see in would operate as a company, to all human rights based on the current configuration of the preferably launched with a $5 principles of equality, partnership, Northern Territory emergency million contribution from good faith and mutual benefit,'' response isn't specific enough and government. This would allow she said. goes too far,'' Professor Anaya both financial and structural However, no offer of seed said. ''Significant concerns need to independence and freedom from funding for the representative be addressed.'' political manipulation. body was forthcoming. After an 11-day visit, he said he Unlike its predecessor ATSIC, was ''impressed by the strength, the body would comprise equal
28
Focus Group: Aboriginal and Torres Strait Islander peoples
Sydney Morning Herald, 29 August 2009 UN finds ray of hope in ‘racist’ Australia
Yuko Narushima Indigenous Affairs Correspondent AN ELDERLY Yuendumu woman community-based solution to a continued recognition, either in yesterday went about her local problem. ''She's got this treaties or under the constitution, business, unaware she had moved Australian medal of honour for he said. a United Nations official to her work and she's out there on Professor Anaya found no condemn as ''overtly racist'' income management.'' evidence to show forced alcohol Australia's treatment of The blanket rule covering very indigenous people. different cases in remote ‘I found [Peggy Brown] very The memory of Peggy Brown's Northern Territory communities inspirational.’ extraordinary success in stamping led Professor Anaya to out petrol sniffing in her recommend a review of the JAMES ANAYA, UN official community on the edge of the Government's indigenous policies. Tanami Desert weighed heavy on The former indigenous affairs and pornography bans in the mind of the UN's special minister, Mal Brough, among communities worked to reduce rapporteur, James Anaya, as he other supporters of the drinking and abuse. wound up his 11-day fact-finding intervention, yesterday rejected But the prominent indigenous mission of Australia, outlining the Professor Anaya's opinion. theologian, Dr Anne Pattel-Gray, problems of the Northern ''This coercive approach to fixing said many Aboriginal women Territory intervention. a problem can't work,'' Professor supported income management Ms Brown has an Order of Anaya said. and suggested it should apply Australia and founded the He suggested the review, more broadly to other welfare multimillion-dollar Mount Theo knowing indigenous Australians recipients in the country. Program to rehabilitate substance were more vulnerable to the Government efforts to curb the abusers. She also has her income whims of changing governments teaching of indigenous languages quarantined. than counterparts in the US and in bilingual Northern Territory ''I found her very inspirational,'' Canada. They had survived similar schools were also of concern to Professor Anaya said, recalling her dislocation but benefit from Professor Anaya.
29
Focus Group: Women
Sydney Morning Herald, 4 July 2009 Women stretched to snapping point
Adele Horin Position
THE Howard government's 1997 and 652 families in men's workload barely family policies left a legacy 2006, and using Australian shifted, so the gender of stressed, overworked Bureau of Statistics data, the division of labour became parents and set gender research will be presented less equal.
"I thought there might equity back a decade, a new at the Australian Social study shows. Policy Conference next have been a movement to Despite their high week. full-time work because … academic achievements over It shows part-time part-time work is associated the decade, women are now working mothers put in as with lower wages and less likely than in 1997 to many hours overall as full- poorer career prospects," Dr work full-time while their time working mothers - Craig said. children are young. And when paid work, housework Unsurprisingly 93 per cent when they do, they take on and child care were tallied - of full-time working mothers more of the housework and and worked longer than reported feeling highly child care. their 1997 counterparts. stressed compared to 79 per A study by Lyn Craig and The Howard government cent in 1997. About 80 per Killian Mullan, of the Social promoted the 1.5-earner cent of part-time working Policy Research Centre at the model with family tax mothers were also highly University of NSW, shows policies that provided most stressed, up from 73 per the ascendancy of the family benefits to single-earner cent. And the proportions of model promoted by the families and to couples with stressed fathers rose. former prime minister: a an 80:20 income split. Dr Craig said paid parental father in full-time work and During a decade of leave would help solve the a mother in part-time work, economic growth, more "stress problem". depicted in his speeches as mothers of preschool-aged Sian Ryan, a senior "the policeman and the part- children moved into jobs, associate at a law firm and time sales assistant". leading to a 7 per cent fall in mother of two, increased her The 1.5-earner family the proportion of work from three to four became the predominant "traditional" families headed days a week when her son form between 1997 and by a male breadwinner, and turned one. Her husband 2006, from 35 per cent of all the proportion of mothers of works in the racing industry couples with children under preschoolers working full- on race days only. "It's not a five to 46 per cent, but life time fell from 14 per cent to progressive model for dads for parents grew harder and 11.8 per cent. to be working long full-time less equal. By 2006, all The full-timers put in hours and mums to do part- parents were more likely to fewer hours at their jobs but time jobs and work hard at report feeling stressed. did much more child care home," she said. "There was reduced gender and housework than those "It's about sharing equity and strikingly in 1997. As a result, their responsibility for care of the increased reported time workload grew to surpass children." pressure," the study found. that of their husbands. The Based on 772 families in
30
Focus Group: Women
Sydney Morning Herald, 14 August 2009 Pay rises skipping female workers
Peter Martin Economics Correspondent WOMEN are the hidden victims the number putting in 40 hours or research released yesterday of the downturn, with female more per week slid 304,200. showed fears about earnings falling to their lowest Figures on hours worked also unemployment receding sharply point relative to men's in two released yesterday show that with the number of Australians decades, even as they outshine while the total number of expecting unemployment to climb men in getting jobs. Australians in work remained falling 13.9 per cent in August, the Earnings figures for May put little changed over the past year, biggest fall on record. average female pay at $54,907 - the number putting in 40 hours or ''This is why consumer just 82 per cent of the $66,581 more per week slid 304,200. confidence is soaring. We're male average and the lowest Women have gained 45,100 jobs feeling more secure about our proportion in 21 years. as men have lost 44,900 jobs. jobs,'' said a Westpac economist, Big jumps in earnings in the Earnings remain the highest in the Julie Doel. ''There's now less risk construction and mining male-dominated mining industry that spending will ease off in the industries lie behind the change, where the average has hit second half of the year.'' along with much smaller increases $107,723, and the lowest in the Adding weight to forecasts of or declines in pay in the retail accommodation, cafes and further record spending are industry, accommodation, cafes restaurants sector where the indications that about $6 billion of and restaurants, and the public average fell to $33,543. the Government's $21 billion service, finance, insurance and ''It's the trend that deserves bonus payments remains to be communications sectors. further study and explanation, not spent. Mining and construction the actual level,'' said a CommSec When the Melbourne Institute earnings jumped 3.3 and 3.2 per economist, Craig James. ''Women's asked recipients how much of the cent in the 3 months to May. By earnings have been falling relative payments they had spent, 62 per contrast retail earnings rose 1.2 to men's for five years.'' cent said they had spent the lot per cent, and hospitality earnings Total earnings climbed 3.8 per and a further 8 per cent said they fell 0.2 per cent. cent over the year to May, well had spent more than half. Some 9 Figures on hours worked also above the 1.5 per cent inflation per cent had spent less than half released yesterday show that rate, suggesting consumers have and 20 per cent none at all, while the total number of room to increase retail spending leading Westpac to conclude that Australians in work remained little beyond its present record highs. about one-third, or $6 billion, changed over the past year, Westpac-Melbourne Institute remains to be spent.
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Focus Group: Women
Sydney Morning Herald, 29 August 2009 Women pay dearly as earnings gap widens
Kirsty Needham Workplace Reporter THE gender pay gap is widening gap in the finance industry was a ''family issues''. At head office, the and the finance industry, where push to sales-based remuneration, bosses were all male, she said. men earn a third more than and its survey found 65 per cent David Bell, chief executive of the women, is the worst offender, the of finance workers said meeting Australian Bankers Association, Bureau of Statistics says. targets - for selling credit cards or said 61 per cent of staff in the Yet a survey of 1700 finance new accounts, for example - finance industry were women, and workers has found most (67 per determined if they received a pay the gender difference in earnings cent) did not know what their increase. was ''a product of hours worked colleagues were paid and half But 69 per cent felt they did not and skills''. believed men and women were have any real input into those "The data shows that 26 per cent paid equally for the same job. sales and work targets. And three- of females in the finance industry Rod Masson, national policy quarters said they were not given work part time compared with 4 director for the Finance Sector the chance to agree with targets per cent for males," he said. Union, said when bank workers before they were set. He conceded men dominated a were told there was a significant Mr Masson said pay bias ''highly specialised and higher gender pay difference they were towards sales performance paying component of their shocked. ''This was supposed to be worked against women in two workforce''. resolved in the 1960s and 1970s, ways. They were less assertive in Mairi Steele, acting director of but it's still happening. We are not establishing targets, he said. And the Equal Opportunity for Women narrowing the pay gap, it is more men worked in roles that in the Workplace Agency, said the spreading,'' he said. were best rewarded, such as fact that women were The Equal Opportunity for commercial lending and business concentrated into certain Women in the Workplace Agency banking, while women dominated occupations and in low paying has named September 1 as Equal service roles. positions were key causes of the Pay Day - the date set by Taimi Nurm, 49, has worked in gap and ''not excuses for it". calculating the extra days women bank branches for 27 years, and The agency publishes an annual must work beyond the financial said it was hard for women list of companies that qualify as an year to catch up to men's earnings. working part time to gain employer of choice for women. The agency says companies need promotion to areas where the pay This year's list includes 22 finance to be transparent about pay and was better. ''My experience has and insurance companies. To performance bonuses, because been that they tend to move the qualify for the list, an employer ignorance of what others earn men through quicker,'' she said. must beat the gender pay gap for works against women. She had also seen women their industry, and beat the The Finance Sector Union said sidelined by being told they were national gender pay gap - 17.5 per one of the major causes of the pay not flexible enough because of cent - at each staffing level.
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Focus Group: Women
AM with Tony Eastley, ABC Local Radio 702 AM, 31 August 2009 Gender pay gap ‘should be declared’ Samantha Hawley reported this story on Monday, August 31, 2009 08:00:00
ASHLEY HALL: The Federal Government is being pressured to force companies to reveal what they’re paying men compared to what they are paying women.
The call is coming this morning in the form of an open letter to the Government from members of a new alliance of more than 130 business and community groups.
The Equal Pay Alliance wants mandatory audits of pay rates so woman have a better idea of where they stand.
Samantha Hawley reports from Canberra.
SAMANTHA HAWLEY: One-hundred-and-thirty-five businesses, community and lobby groups make up the new Equal Pay Alliance and in an open letter to be delivered to the Minister for the Status of Women Tanya Plibersek the group says pay inequality is no longer acceptable in modern Australia.
The Australian Council of Trade Unions is among the signatories.
SHARAN BURROW: Starts a concerted campaign to see that we turn around a culture of discrimination, a culture which undervalues women's work.
SAMANTHA HAWLEY: The ACTU's president Sharan Burrow says on average it takes a woman 14 months to earn what a man earns in a year and women retire with half the amount of savings.
She says employers should be forced to disclose how much they pay men compared to women.
SHARAN BURROW: We'd like to see pay equity audits mandated so that there is a transparency. People know what the pay rates for grades right up to management are.
SAMANTHA HAWLEY: The Sex Discrimination Commissioner Elizabeth Broderick is also a member of the newly formed alliance.
She says one option would be to legislate so all Australian companies would have to reveal their male and female pay rates in their annual reports. That's already happening in the United Kingdom.
ELIZABETH BRODERICK: I think the first thing about it is that we need to make this information transparent and that’s what we don't have at the minute.
One of the innovate solutions that is happening in the UK is that companies are now required to report the gender pay gap in their annual report and that’s legislation that has only been brought in recently. So there’s different solutions which we might look to internationally.
SAMANTHA HAWLEY: Marie Coleman is from the National Foundation for Australian Women. She says the Federal Government should at least begin mandatory pay reporting in the public sector.
MARIE COLEMAN: They can certainly do that within government departments. They can certainly promote in the private sector more vigorous approaches towards equal pay and equal opportunity.
For example it would be perfectly possible for government contracts to only be available to businesses which could demonstrate that they had effective equal opportunity and equal pay strategies in place.
ASHLEY HALL: Marie Coleman from the National Foundation for Australian Women, ending Samantha Hawley's report.
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Focus Group: Women
Sydney Morning Herald, 2 September 2009 Women urged to sue to fix pay gap
Kirsty Needham Workplace Reporter Australian women need to sue if who chairs Canada's Equal Pay and yesterday released an issues they want employers to take the Coalition and has advised paper which questioned whether widening gender pay gap governments and the World Bank the enforcement powers of its seriously, international labour on gender equity, agreed women agency - which relies on working experts have told their Sydney ''have to have a litigation co-operatively with employers sisters. strategy''. She said one case could and promotional programs - were Men earn 17.5 per cent more make a difference. adequate. Mairi Steele, acting than women, but a forum heard ''If you don't have a compliance director of the Equal Opportunity yesterday that a big stick - in the approach, employers don't do it, for Women in the Workplace form of American anti- and neither do governments … Agency, said she believed the discrimination cases and payouts - You have to have some kind of Australian law was not working could more quickly fix the problem stick.'' effectively enough. than any awareness-raising. The Sex Discrimination Wilma Liebman, chairwoman of ''Why aren't we hearing of big Commissioner, Elizabeth the US National Labor Relations cases coming up? It is only through Broderick, said that for women in Board, said women in the US those big cases that you are going the Australian workplace ''it is continue to experience the glass to get this moving,'' said Jane career death to raise … anything ceiling. In Sydney as the keynote Hodges, director of gender to do with sex discrimination''. speaker for a labour law equality for the International Ms Broderick said she had the conference, Ms Liebman said big Labour Organisation in Geneva. power to run a pay discrimination gender discrimination lawsuits - Ms Hodges said she knew in case under the Fair Work Act. one involves 2 million women 1980, when she was working as a ''But to bring a case like that suing Walmart in a class action - lawyer in Australia, that she had to requires significant resources … have been levelled at companies leave the country to get ahead. She We are just not resourced to use that did not promote women in is exasperated that the gender pay that power.'' great numbers to management gap has only widened. The Federal Government is positions. ''We have become an Canadian lawyer Mary Cornish, reviewing the Equal Opportunity extremely litigious society.'' for Women in the Workplace Act,
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Crime
Sydney Morning Herald, 29 March 2003 Boy on trial for railway death
Lee Glendinning
Did William Harris die The accused, and two yesterday that Mr Harris felt because the threats of a 17- female friends, came out of a threatened and intimidated, year-old boy forced him onto train carriage and the then with no real option to get a train track? Or was he 17-year-old approached Mr away. killed by an oncoming train Harris and allegedly said: Mr Harris was, he said, a because of a tragic and "What the f--- are you quiet man who went out of extraordinary act of the man looking at?" his way to avoid himself? The Crown told the court confrontation and was These are some of the that closed-circuit TV simply sitting on a railway questions a NSW Supreme security footage would show station on a Sunday Court jury will have to the girls appear to be afternoon. "There is no consider during the trial of holding the accused back, doubt about it; it was fear the teenage boy charged but he breaks away and Mr that caused him to do what with manslaughter. He Harris then jumps onto the he did . . . to say he caused cannot be named. train tracks in an effort to his own death would be the The Crown says the escape. ultimate case of blaming the teenager's actions were The Crown prosecutor, victim." "senseless and unprovoked" Brian Knox, SC, told the But Richard Button, and were the urban court yesterday that the counsel for the accused, told nightmare of every innocent events of the next 20 to 40 the jury it must carefully traveller on public seconds led to the death of consider what his client did transport. Mr Harris. and did not do. But the defence says the He was facing north as a "Is it really the case that boy did not push the victim train approached from the there was no real option for onto the tracks and did not south, blaring its horn. He the deceased?" Mr Button deserve a conviction for tried to scramble onto the asked. manslaughter. platform but did not make it "Is it really the case the William Christopher in time. deceased was trapped and Harris, 44, was sitting on a He was killed by the had absolutely no choice but platform at Redfern Station oncoming train; his body to go down the tracks? . . . or, on October 27 last year, was found 25 metres from really, was it tragically the having come from a surprise the track. extraordinary act of the birthday party. Mr Knox told the court deceased which caused it?" The trial continues.
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Crime
Sydney Morning Herald, 10 May 2003 Bail a fine balancing act by beaks
Unlike shockjocks, judges and magistrates do not have the benefit of 20/20 hindsight, writes Carl Boyd. Any lawyer worth their practising offences, and any previous the charges which led to them certificate will be called upon "failures to appear". Magistrates going into custody in the first occasionally to be a vigorous and judges have the criminal place. advocate for the vilified individual record of the accused before them Deciding who ought to be and the unpopular cause. Allow when determining bail. granted bail requires a fine me to rise to the defence of the Bardakos had two convictions judicial balance between judges and magistrates of this in the past 10 years, one for competing considerations and will state. swearing, and the other for never lead to a perfect record of In recent days they have faced malicious damage. For each of predicting compliance with bail the fury of the shock-jocks and these offences he was given a conditions once bail has been others, like the Premier, who small fine. Some years earlier he granted. There is a perfect system, ought to know better, on the issue had served a short prison but the taxpayers are probably not of bail. sentence for a series of offences ready for it: throw out the Every time a person on bail arising from one incident at Byron presumption of innocence and commits a serious offence there is Bay. It appears he had never lock up every accused person until a knee-jerk demand to toughen up committed an offence while on the conclusion of their trial. on bail. "Which idiot let this bail, he had never breached a good Meanwhile, as Bardakos and his mongrel out?" "The beaks have behaviour bond and he had never estranged wife had children from dudded us again." been charged with any sexual previous relationships, not one The most recent instance of but two grieving families have to offence. 20/20 hindsight involves the late The events, which led to find a way to get on with life. Toni Bardakos who, after being Bardakos being charged, had In all the reporting of the charged with the sexual assault occurred at an isolated farmhouse Bardakos tragedy I have not read and kidnapping of his estranged and there were no known or heard anyone asking the wife, was granted bail. Within two independent witnesses. He obvious question: "Would this weeks of his release he shot and pleaded "not guilty" and, on the double tragedy have occurred if killed his wife and then himself in facts, any magistrate would have Mr Bardakos hadn't been so the streets of Newcastle on noted the prospects of a readily able to get his hands on Tuesday last week. conviction were, at the end of the the guns which took away the Given the facts as they were day, far from overwhelming. mother of one family and the known at the time, I doubt The marriage breakdown of father of another?" whether there is a judge or Bardakos and his wife was recent, What about that question, Alan Jones? magistrate in NSW who would not and in the ordinary course have refused him bail, in some emotions arising from that event form. The singling out of the could be expected to subside. He Carl Boyd is a Newcastle magistrate and judge who did so is had no history of psychiatric solicitor who last represented testament to the ignorance illness but was apparently the late Toni Bardakos. underlying the ill-considered disturbed at the time of his arrest. reaction. Some facts: Upon his arrest Bardakos was The vast majority of bail co-operative with the police and applicants already have criminal was interviewed voluntarily. records. The police very often While Bardakos was no angel, release "clean skins" on bail at the there was nothing objective to time of charging, but those with a suggest he was a potential killer. "bit of form" or facing more There is no doubt his wife advised serious offences are left for the the police that she had grave fears magistrates to decide on the issue for her own safety. What were the of bail. magistrate and judge, charged The magistrates and judges are with doing justice to the accused required to apply the Bail Act and accuser alike, to do? The which, in general terms, directs taxpayers of NSW pay millions the court to have regard to the annually to accommodate bail need to protect the community refusees - prisoners on remand - and to secure the later attendance many of whom are ultimately at court by the accused. acquitted of 36 Magistrates in particular, who can deal with hundreds of charge cases Crime
Sun Herald, 28 May 2003 Police may win power to veto bail orders
Stephen Gibbs
Police would be given power history to be presented to turning our justice system to keep alleged offenders on its head and it should not courts during bail behind bars even if granted applications. occur without much further bail by a magistrate, under "This is about protecting thought." proposed legislation the community, especially The Opposition was more announced yesterday. women, from violent concerned that the amended The changes, which the offenders," Mr Carr said of bail legislation did not Law Society said could the bail package. address property offences undermine judicial The proposed legislation and that the Government independence, would also would give prosecutors had lied to the electorate by result in repeat violent power to stay proceedings mis-stating its position on offenders being refused bail when bail was granted by a bail. unless there were magistrate to anyone The shadow attorney- "exceptional circumstances". charged with sexual general, Andrew Tink, said The Premier, Bob Carr, said intercourse with a child, the Government had gone to yesterday that all accused gang rape, murder or drug the March 22 election falsely murderers would be refused offences which carry a life proclaiming "no bail for bail, except in cases such as a sentence. repeat offenders". battered wife killing her Under the stay, bail would Mr Carr's announcement husband. be suspended for up to was "proof positive" the "The type of exceptional "three clear business days" electorate had been circumstances that might and the alleged offender "grievously misled". exist that would justify bail held in custody while the "It is still not the case that include where the Supreme Court reviewed the there is no bail for repeat prosecution case is very magistrate's decision. offenders," Mr Tink said. weak or the court is satisfied The past president of the "The most extraordinary the person poses no threat Law Society, John North, thing about today's to the safety of anyone," Mr said allowing police to stay announcement is there is Carr told Parliament. bail was "very dangerous" not a word that talks about Those previously convicted and warned "it could repeat property offenders. of offences including undermine the "There's not a word about manslaughter, kidnapping, independence of the toughening up bail for sexual assault and robbery judiciary". repeat property offenders. would be subject to the same "Police are now going to be "In other words, a couple of provisions. able to second guess judicial months after the election, Also, a new "domestic officers' decisions and have the Premier still has not got violence check list" would be people locked up for at least it right." developed to provide an three days," Mr North said. offender's comprehensive "In a few words, it is
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Crime
New South Wales Council for Civil Liberties media release, 3 June 2004 New Bail laws – presumption of innocence is the victim
New bail laws rushed through the NSW Parliament today undermine the presumption of innocence and are another example of how governments are using the War on Terror to erode civil liberties in Australia.
The NSW Parliament today rushed through legislation to make it easier for the federal government to keep people charged with terrorist offences behind bars. The new law introduces a presumption against bail in terrorist offences. It is expected to come into force tomorrow.
The new bail laws mean that, rather than the Crown having to argue why a person should not be granted bail, anyone charged with a federal terrorist offence will have to argue before a Magistrate why they should be granted bail.
This goes against the presumption of innocence. In our society everyone is innocent until proven guilty in a court of law. This move introduces a presumption of guilt when it comes people accused of terrorist offences - long before they have their day in court.
The legislation has been rushed through Parliament to make it easier for the Commonwealth Director of Public Prosecutions when he appeals the release of Bilal Khazal on bail yesterday. The changes to the bail laws will be retrospective, so the DPP will not have to argue that Mr Khazal should be locked up. Instead, Mr Khazal will have to convince the court that he should remain at liberty.
If Mr Khazal loses the appeal, then he will probably be heading off to the 'Supermax' High Risk Management Unit at Goulburn Gaol. That is where most of those charged with terrorist offences are being held on remand - isolated from their families and legal teams in Sydney. This will make it difficult for Mr Khazal to prepare his defence.
The new law is bad law. Because it is retrospective it is open to Constitutional challenge. The legislation is also likely to be unconstitutional because it treats federal terrorist suspects in NSW differently from anywhere else in Australia. Though federal Attorney-General Phillip Ruddock has indicated that he will pass similar legislation in the federal Parliament.
CCL is very concerned that this legislation will be used to intimidate and terrorise the Muslim community in NSW.
This is another example of governments using the War on Terror to undermine and erode our civil liberties.
For further information contact: Cameron Murphy, NSWCCL President: 0411 769 769
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Crime
Sydney Morning Herald, 15 October 2003 Long arm of the law comes up short with blacks
Aborigines will continue to fill our jails unless the causes of their law-breaking are address, writes Don Weatherburn
The Royal Commission into Aboriginal murder, about 12 times more likely to suggests that the most important of Deaths in Custody argued that the high be charged with assault and more these causes are alcohol and drug rate of Aboriginal deaths in custody than 13 times more likely to be abuse, child neglect, poor school stemmed from the over- charged with break, enter and steal. performance and unemployment. representation of Aboriginal people in The arrest rate differences between There's now good evidence that prisons and police lock-ups. Aborigines and non-Aborigines are helping Aboriginal leaders restrict the Reducing the number of Aboriginal mirrored in studies of self-reported sale of alcohol within their own people in custody has been a priority offending among Aboriginal and non- communities can bring about a for state and territory governments Aboriginal secondary school students. significant reduction in alcohol- ever since. The average annual rate of At each point in the criminal justice related harm. Aboriginal deaths in custody, however, system, the higher offending rate of There are few short-term remedies remains more than four times higher Aboriginal people increases their level to the problems of neglectful than the non-Aboriginal rate of death of over-representation in prison. parenting but a reduction in alcohol in custody. Governments, however, have abuse, if we could produce it, would The immediate cause of this state of traditionally been more concerned generate immediate benefits for affairs is simple enough. In 1991, the with keeping Aboriginal offenders out Aboriginal children. Aboriginal imprisonment rate was 13 of the criminal justice system than In the longer term it's surely times higher than the rate of non- with keeping Aboriginal juveniles out possible to capitalise on the wider Aboriginal imprisonment. Now it's 15 of crime. kinship networks which exist in times higher. The high rate of More than 40 per cent of the first Aboriginal communities to foster care Aboriginal imprisonment has often tranche of Federal and support where parents been blamed on systemic bias at key Government funding after the Royal themselves are unable or unwilling to points in the criminal justice system, Commission went on Aboriginal legal provide the support and guidance such as the decision to grant or refuse services and policing and criminal their children need. bail or the decision about what justice reform. Nearly all states and Given the close association between sentence to impose on an offender. territories have passed laws requiring Aboriginal unemployment and crime, The contribution of Aboriginal imprisonment to be used as a sanction though, the number one priority must offending to Aboriginal imprisonment of last resort and introduced a wide surely be to do more to reduce the has generally been ignored or treated range of alternatives to imprisonment. level of Aboriginal unemployment. as just one of many subtle influences These initiatives have had no effect on The Centre for Aboriginal Economic on Aboriginal imprisonment. rates of Aboriginal imprisonment Policy at the ANU has estimated that This has fostered a mistaken belief because they simply insert new steps an additional 26,000 jobs for that Aboriginal imprisonment rates in the ladder of non-custodial Aboriginal people will be needed by can be reduced through policies sanctions an Aboriginal offender 2006, just to prevent levels of designed to keep Aboriginal offenders ascends, before eventually landing in Aboriginal unemployment rising out of the justice system. prison. further. It has obscured the difficulties Diversion policies present other There's no doubt this would entail a involved in trying to limit Aboriginal problems as well. Eighty-five per cent very substantial increase in funding contact with police and the courts, of the assaults occasioning grievous for Aboriginal employment schemes. while ensuring that Aboriginal women bodily harm committed by Aboriginal Without this funding, though, and children people are committed against other measures designed to reduce are afforded the same legal Aboriginal people, often women and substance abuse, violence and crime protections as their non-Aboriginal children. Failure to arrest the offender within Aboriginal communities may counterparts. It's also diverted and refuse bail in these circumstances have little or no effect. attention from the factors that would only place them at further risk It's hard, after all, for anyone to see underpin much Aboriginal offending. of serious harm. the value of fundamental change The high rates of Aboriginal It's time we moved the focus of our when it offers no immediate relief involvement in crime shouldn't be efforts away from police and the from frustration, anger and despair. ignored. criminal justice system and towards Aboriginal people in NSW are nearly the underlying causes of Aboriginal four times more likely to be charged involvement in crime. with sexual assault, about six times The limited evidence available more likely to be charged with
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Crime
Sydney Morning Herald, 21 October 2003 Aborigines filling state’s prisons
Debra Jopson Nearly one in five of all the up another diversion scheme Brendan Thomas, executive Aboriginal men in NSW appeared while ignoring the underlying officer of the NSW Aboriginal before a court charged with a causes . . . Most of the work [now] Justice Advisory Council, said Dr criminal offence in just one year, a is tinkering with the justice Weatherburn was right that the study published yesterday has system," he said. high offending rate was high, but found. When serious crime was a big concentrations of police near For indigenous men aged 20-24 dominant pattern, diversionary some indigenous communities years, the figures were much schemes became "another step in showed there was still a bias. worse, with more than two in five the ladder of non-custodial Aborigines were heavily policed of the entire population in that age sanctions a person ascends before in public spaces for minor group appearing on criminal eventually landing in prison", his offences such as using offensive charges in 2001, the NSW Bureau team wrote in the latest Australian language, which enmeshed them of Crime Statistics and Research Journal of Public Administration. young in the criminal justice has found. However, the director of Sydney system, reducing their respect for The reason for the alarmingly University's Institute of the law and leading to tougher high rate was not bias by police Criminology, Chris Cuneen, sentences if they committed more and judges, but the fact that many accused Dr Weatherburn of using serious crimes. Aborigines were committing "a simplistic approach which "In one local government area serious crimes, the bureau's doesn't deal with the complexity Aboriginal people were arrested director, Don Weatherburn, said of the criminal justice system". at 80 per cent higher than the yesterday. Most criminologists believed state average for offensive "While discriminatory treatment systemic bias against Aborigines language," Mr Thomas said. "Are of Aboriginal people by police and still existed, and most indigenous the people likely to be 80 times the court system is an historical people in prison had committed more offensive than any other fact, the leading current cause of crimes that attracted short area?" Aboriginal over-representation in sentences. Dr Weatherburn's team called prison is not systemic bias but The bureau's own research for new controls on alcohol supply high rates of involvement in revealed that if all Aborigines to Aboriginal communities, serious crime," he said in a paper sentenced to six months or less "substantial government written with bureau researchers were not jailed, over 12 months investment" in job schemes and a Jackie Fitzgerald and Jiuzhao Hua. the indigenous prison population crackdown on those supplying As the Cape York Aboriginal would be reduced by 56 per cent, illicit drugs to indigenous leader, Noel Pearson, has argued, Associate Professor Cuneen said. communities. priority should be given to tackling Diversionary schemes such as Rates of injecting drug use the rates of substance abuse, youth justice conferencing did among young Aborigines in joblessness, child neglect and work, and money had been spent western and north-western NSW inadequate schooling attendance on trying to tackle underlying had risen greatly in recent years, which cause the crime, Dr causes, but without success, he but last year there was only one Weatherburn said. said. arrest in the north-west for “Every year we go back and cook dealing in narcotics, they said.
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Crime
Sydney Morning Herald, 22 October 2003 Behind black crime rates
The fact that Aboriginal people are Aboriginal offending." It adds: Aboriginal family life, horribly over-represented in the criminal "The point is, rather, that focusing dysfunctional in so many cases. justice system is nothing new. But on the factors that lie behind Dispossession seems to be the a disparity previously vaguely indigenous offending, such as key. Young Aboriginal men asserted is now made more alcohol abuse, poor school continue to reflect the despair of precise by the NSW Bureau of performance and unemployment, dispossession in a doomed, self- Crime Statistics. The risk is that its is likely to do more to reduce destructive reaction to white analysis of court records will do no crime in indigenous communities authority. Even younger more than shock, or confirm than policies designed to Aborigines follow their example. prejudices, rather than prompt apprehend and imprison an even Law-breaking and time in jail deeper consideration of the higher proportion of indigenous become a rite of passage. Breaking reasons behind appalling crime offenders." that pattern, after so long, is not and imprisonment rates for That is fine, as far it goes. Alcohol easy. But ways must be found. Aborigines. and drug abuse, school truancy The bureau found, for example, and unemployment may lie that almost one in five Aboriginal behind Aboriginal crime and men in NSW appeared in court in imprisonment statistics. But they 2001 charged with a criminal are still only symptoms, not root offence. For Aboriginal men causes. Even less helpful is a focus between 20 and 24, it was more on the belief that the police and than 40 per cent - compared with courts are biased against 8.4 per cent for the corresponding Aborigines. There are male age group for NSW as a undoubtedly such cases, and there whole. were more of them in the past. But The bureau does not pretend to as the bureau's director, Dr Don explore the reasons behind such Weatherburn, says, it is not statistics. It does, however, make systemic bias but high rates of an important point: "Given the involvement in serious crime that extraordinary level of contact results in Aboriginal people in between Aboriginal people and the NSW jailed at a rate 16 times that criminal justice system it is to be of the population as a whole. doubted that further contact with The reasons require further that system is the best means of exploration. They go deep into the bringing down rates of most sensitive regions of
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Crime
Sydney Morning Herald, 2 November 2003 DNA of 14,000 inmates on database
By SEAN BERRY
The DNA of more than estimates that up to 2000 sample.
14,000 criminals is now on a serious indictable offenders "To date, approximately 96
database, following will be required to give DNA per cent of all inmates tested compulsory testing of samples each year," Mr have co-operated in certain prisoners in NSW Hatzistergos said. providing DNA samples by jails. "More DNA samples on the buccal swab," Mr Under the regime, which database means linking Hatzistergos said. That began in January 2001, more criminals to crime means nearly 600 prisoners police have the power to scenes, solving more crime, refused to co-operate. take DNA samples from and giving some relief to The NSW Council for Civil prisoners deemed serious families of victims of crime." Liberties said the enforced offenders. Prisoners were also able to testing of prisoner DNA The samples are then try to clear their names weakened the fabric of compared with DNA that has through an appeal panel for human rights in Australia. been collected at the scenes a small fee. David Bernie, the group's of unsolved crimes. A spokesman for Police vice-president, said: "We As of March, matches on Minister John Watkins said think the blanket testing the DNA database had led to the panel was suspended procedure they are trying to 450 arrests and 186 recently to await new do in jails is in itself convictions. legislation. discriminating against the To be considered a "serious "It was at the start of the population and we are also indictable offender", a minister's term in the against the process of prisoner must be convicted ministry and he was enforced procedures, be it of an offence punishable by a concerned the panel taking DNA or any medical jail term of five or more operated on an ad hoc basis procedure." years. without legislation to guide Mr Bernie conceded that The Department of it," the spokesman said. DNA was a useful tool for Corrective Services "We have just received a criminal investigations. estimates that about three- review back and it will be "But we do oppose the quarters of the prison back to Parliament in compulsory taking of DNA population fits within this November." samples from prisoners or group. Police and department of any citizens," he said. NSW Justice Minister John corrective services officers "It will end up becoming a Hatzistergos said the collect DNA samples by national database, a database was still growing. buccal swab (a swab from situation where everybody "The Department of the inner lining of the is expected to give their Corrective Services cheek), hair, or by blood DNA."
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Crime
Sydney Morning Herald, 8 January 2009 Deterrence more important than prisoner numbers: AG
Brian Robins
ANY concern over the big fact that the Opposition has preventing criminals from increase in the prison supported mandatory remaining in the prison
sentencing and also 'grid system. population under the Labor sentencing', where courts "We're doing a lot of work Government overlooks the deterrence effect of locking must use a formulaic on reduced re-offending and people up, the NSW approach when sentencing, any balanced equation sees Attorney-General, John both of which the that. The Government is Hatzistergos, said yesterday. Government rejected," Mr certainly not ignoring issues "One of the important Hatzistergos said. of rehabilitation," he said. principles and purposes of Research last year by the "A person who commits a sentencing is deterrence," he Bureau of Crime Statistics property offence and may go told the Herald. and Research found the to jail for a relatively short "If the view out there is people who knew the least period of time may have an that you can commit these about court sentencing had underlying issue which is, offences and you'll be dealt less confidence in it, Mr for example, drug addiction, with leniently, then the Hatzistergos said. which cannot be resolved in deterrent of the sentencing And the people with less a short period of time of the will be lost. confidence in sentencing sentence. That is one reason "Over a 15-year trend, drew their information from why we are moving to new courts have become more the mass media - talkback models." severe in their approach to radio and tabloid These include community- sentencing, and it is newspapers - where based sentencing, which important that the public information had been include rehabilitation understand that." sensationalised and focused programs. Mr Hatzistergos denied the on a few cases. "Everyone is an expert on Government has been locked "If you ask the community sentencing without in a law-and-order "bidding what their perceptions are understanding the issues war" with the Opposition, … they generally think the involved," Mr Hatzistergos saying the Government had courts are too lenient. said. "There will always be refused to match the "That's not the case." community debate about extreme schemes the As well as locking record sentencing, and you will Opposition had promoted. numbers of criminal up, always have some outcomes "People also overlook the effort is also going into people will disagree with."
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Sydney Morning Herald, 8 January 2009 Truce called on hardline sentencing
Andrew West THE NSW Opposition has pledged to crimes of cruelty, especially against auction and secure a bipartisan end the "law and order auction" in a children, Mr Smith said with 10,000 approach, so that each side gives up dramatic break with the tradition of inmates in NSW jails and a recidivism on scoring cheap political points … promising to increase punishments rate of 43.5 per cent, the punitive and looks to researched policies that and fill jails that has characterised approach was not working. reduce crime, recidivism and every state election campaign since "So far as enforcement of the law imprisonment, then he will be making 1988. and prisons are concerned, I think I one of the greatest contributions to The Coalition's justice spokesman, am a pragmatist, based on the justice and real community safety this Greg Smith, who entered Parliament in experience I have gathered over the state has seen." 2007 with a reputation as a tough years as a prosecutor. Prosecutors The NSW Council for Civil Liberties criminal prosecutor, said hardline generally try to be as fair as possible also hoped Mr Smith's stand signals sentencing and prisons policies - so we're not likely to just want head- an end to the "auction". including those of his own party - have kicking decisions all the time. It seems "Greg Smith is not a softie," said the failed. to me that our prisons are full of council president, Cameron Murphy. In an exclusive interview, Mr Smith people who suffered learning "He's a tough-minded conservative. told the Herald he would invest more difficulties in their youth or had a But the fact that someone like him is money and resources in rehabilitation deprived upbringing or have drug questioning the line shows just how to break the cycle in which almost half addiction or mental problems. There's absurd it's become." of all NSW criminals re-offend after a lot of those people in our jails. I am As attorney-general in a Coalition their release. not excusing the conduct that got government, Mr Smith would increase "I know that for a series of elections them into jail but I think that some of funding for drug and alcohol there was one side bidding against the them need more of a kick along from rehabilitation schemes, the Custody- other in what they called a law and the system. Based Intensive Treatment program order auction," Mr Smith said. "I think you need to be, society for sex offenders; education programs "While I think there are some areas needs to be, conscious of the fact that that teach inmates trades and skills; where the law could be even tougher, unless you do something for them and post-release accommodation, such as showing more concern for the after they get out of jail, the more such as halfway houses. families of victims of homicide, in likely they are to hurt society again Last month, Mr Smith quietly terms of the harm done to them, there and commit more crime. released a critique of the Rees are other areas where I am concerned "That's where my pragmatic view Government's law and order policies, that prisoners are not properly being comes in. Our recidivism rates are far headed: "More jails not the best rehabilitated, not given a chance to go too high and this harsh line that we answer: money better spent on straight in a community that really have been taking, with the rehabilitation." would want them to go straight." Government almost proud of the size He argued then: "While the NSW Mr Smith likened his move to "Nixon of the prisons, and proud to build Liberals/Nationals adhere to the view in China". Just as it took an anti- more, in my opinion, shows a lack of that punishment must fit the crime, communist US president, Richard care for people in prisons, their there needs to be far more emphasis Nixon, to open relations with families and the community generally, by the State Labor Government on communist China in 1972, it might because it is short-sighted." rehabilitation programs, which give take a politician with Mr Smith's An expert on justice policy, the the prisoner a better chance of going conservative credentials to push for a Emeritus Professor in Criminal Law at straight, once released. Rehabilitation bipartisan position on criminal justice. the University of NSW, David Brown, is cheaper than the cost of building Before becoming the Liberal MP for said that after the Unsworth more prisons and far more effective in Epping, Mr Smith was the state's government lost the 1988 election to helping our community to become a deputy director of public prosecutions Nick Greiner, the new ALP leader, Bob more peaceful place." for five years. Three years ago he Carr, bought into the law and order Mr Smith, a traditional Catholic who persuaded an appeal court to keep the auction. "Once Carr let the law-and- was president of the anti-abortion notorious killer Katherine Knight, who order genie out of the bottle, it NSW Right to Life, described himself stabbed, decapitated and skinned her became standard political competition as "a conservative on moral issues". partner, locked away forever. He also to posture over who was toughest on But he strongly opposed the death led a successful appeal to increase the crime, setting up a dynamic that no- penalty "because you might make a sentence of a pedophile murderer one, up to now, has had the courage to mistake, and I still don't believe in an from 30 years to the term of his end," Professor Brown said eye for an eye and a tooth for a tooth". natural life. "If Greg Smith can get the genie back He conceded his attempt to While he remains "very keen on in the bottle, negotiate an end to the emphasise rehabilitation over punishment and deterrents" for retribution was politically risky. "I am
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Truce called on hardline sentencing (cont...)
conscious of the importance of the media, especially the talkback programs as they affect politics in this state, " he said. After becoming deputy DPP, Mr Smith grew increasingly angry at the way political debate was compromising criminal justice, especially appeals. The repeated calls to ratchet up sentences did not strengthen the law, he said. "Certainly they [Labor and Coalition] have annoyed me because they have made the law more complex, particularly sentencing," he said. "That leads to more error, which leads to more waste of time and more expense." He has also jettisoned the Coalition's policy of grid-sentencing, which used a strict matrix to prescribe sentences that judges had to impose. "I don't go along with any of that. It was something [the Coalition] looked at but they lost. Let's face it, these things did not win them elections." For Mr Smith, there is also a personal dimension to the debate. He has five children and some of their friends have committed offences, such as "pinching cars, things like that". He has even been a character witness for some of the offenders. "The kids generally have been able to recover and they've haven't turned into criminals," he said. "If you can get them young and they realise the seriousness of the situation they're in, you often will turn them back to leading a decent life."
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Crime
Sydney Morning Herald, 8 January 2009 Breaking law and order’s gravel
OPINION
NSW politics has wanted funding to Coalition has never been a differentiated itself from concentrate on post-release friend to Mr Cowdery, last
programs and keeping year when the State other Australian political young offenders out of Government moved to arenas on many fronts but perhaps none so prison. Now he has also nobble him by reducing the remorselessly predictable as criticised his own side of DPP budget, Mr the law and order auction. politics for its part in hyping Smith said the cuts were a For the past 20 years, come punitive policies on law and retaliation for his old boss's election time, our politicians order. Further, he willingness to criticise the have fallen over themselves considered that some Government. promising to spend millions Opposition policies, such as Mr Smith has shown an on more police, more grid sentencing, should be admirable ability to move on weapons, more jails, longer dumped, not least because from past positions and his sentences - anything, in fact, they were ultimately reformist attitude to the that assuages voters' fears election losers. problem of law and order about law and order being Mr Smith has generally auctions is commonsense. out of control. So the resisted the lure of populist He is the first MP from a undertaking by the positions since becoming major party who dared to Opposition's shadow the shadow attorney- cut free of the "tough on attorney-general, Greg general. A former deputy crime" and "lock 'em up" Smith, to end such an director of public sloganeering that has been unseemly and wasteful prosecutions himself, for the usual political response buying of votes is certainly a years he sat at the right to a crime wave mostly welcome and desired hand of Nicholas Cowdery, caused by drug and alcohol development. the NSW Director of Public abuse. Whatever the Labor Mr Smith gave an Prosecutions. Mr Cowdery position on the law and indication that the distinguished himself and order auction, the biggest Opposition was shifting his office by infuriating both challenge now facing Mr position last month when, sides of Parliament with his Smith is to resist pressure amid reports of record continuing and public from within Coalition ranks prisoner numbers, he critique of the use of from those who would suggested rehabilitation community fears, courts, retain their time-honoured might be a better way to police and prisons for toughness on the issue. spend money than jails. He political ends. While the
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Crime
Sydney Morning Herald, 8 August 2009 Victims ignored in plea bargains
Ruth Pollard Investigations Editor A LONG-SERVING solicitor from ''I reject the assertions that discounts given to violent the Office of Public Prosecutions consultation [with victims about offenders. has condemned the widespread charge negotiation decisions] is When those responsible for the abuse of the plea bargaining not genuine,'' Mr Cowdery replied. death of the police officer Glenn system, warning that defendants He declined to answer detailed McEnallay and the violent attacks accused of violent crimes are questions put to him by the on several others in 2002 were negotiating their way out of more Herald. able to accept pleas to serious charges without The pressure on governments to significantly lesser offences appropriate consultation with protect the rights of victims of without proper consultation with victims. crime prompted a high-level the family or the surviving victims, His claims are backed by the review of plea bargaining in 2002 the union went public with its NSW Attorney-General, John by the former NSW governor and concerns. Hatzistergos, whose spokesman Supreme Court judge, Gordon ''The problem is that the DPP is said: ''Concerns about Samuels, QC. simply not following its own communication between the Office He recommended that the DPP's guidelines. We believe the system of the Director of Public policies and guidelines ensure is breaking down, and victims and Prosecutions and victims is an ''adequate consultation with police are not being kept informed issue which has been raised with victims … and that the charges of the way decisions are made,'' the Attorney-General on a number and agreed facts reflect the said the union's director of of occasions''. criminality of relevant offences''. research, Greg Chilvers. A case before the NSW District Yet the solicitor, who has The number of guilty pleas Court graphically illustrates the instructed on countless criminal negotiated has steadily increasing weakness in the system. A plea trials, said the recommendations in the past decade, occurring in 62 deal meant the full extent of a were being ignored. per cent of charges in higher horrific attack on a Sydney The solicitor, who asked to courts, up from 50 per cent in woman, Nanette May, by her remain anonymous, said that in 1998, figures from the NSW former partner, was not revealed seven years since the release of Bureau of Crime Statistics and to the court. the Samuels review, he had Research show. It was only through Ms May's participated in only three trials Mr Hatzistergos is so concerned determined lobbying efforts that where the guidelines had been about the issue that in January last the evidence was presented to the followed. ''That would be a year he commissioned another judge yesterday to consider in conservative estimate,'' he said. review by the Sentencing Council. sentencing. Despite that, her He said there was great pressure Its report is due this month. attacker might receive as little as on the Crown prosecutor and the ''For the public and police to seven years in jail. judge to ensure cases were have confidence in the justice Mr Hatzistergos recently wrote resolved quickly yet this system it is important to see to the Director of Public expediency was often at the offenders being held accountable Prosecutions, Nicholas Cowdery, expense of those affected by the for their crimes and that any QC, to raise concerns about the crime. discounts have a legitimate public complaints his department had It is a view shared by the NSW purpose'' he said. received. Mr Cowdery dismissed Police Association, which has long those concerns. been horrified by the sentence
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Crime
Sun Herald, 27 September 2009 Prevention, not detention, in drug fight
By JULIE ROBOTHAM MEDIA EDITOR
AUSTRALIA'S emphasis on law Strategy's four-year cycle is much higher levels of mental enforcement as the principal about to expire at the end of illness, with 20 per cent of element of its illicit drug this year. One-third of people those who had taken drugs in strategy is out of kilter with believe those who use illegal the past month reporting high community attitudes, a survey drugs should not go to jail, levels of psychological distress, reveals. although 45 per cent believe compared with 9 per cent of Most people believe the they should be charged with a people who had not. biggest investment should be in crime. The results - to be presented education programs to prevent Just 39 per cent believe drug this week at the Australian people beginning to use drugs, use would never affect their Drugs Conference - showed with the remainder split family, and three-quarters public concern about the issue equally among treatment agree that drug use is was as high as ever. "It is not programs, harm-reduction connected to other problems in receding," Mr Ryan said. schemes and law enforcement, people's lives. About 300 people died from a according to results from a drug overdose in 2007. The economic crisis and its representative survey of more effect on personal finances put The director of the Alcohol than 500 adults in June by the more people at risk, said John and Drug Service at St drug policy group Anex. Ryan, chief executive of Anex, Vincent's Hospital, Alex But according to separate which is funded by federal and Wodak, said there had been a analysis from the Melbourne- state governments and gradual shift in community based Turning Point Alcohol philanthropic grants. "People attitudes to illicit drug use over and Drug Centre, about 56 per are vulnerable, and that the years. ''People are cent of the money the nation vulnerability often leads to increasingly recognising that spends on tackling drugs goes problematic drug use," he said. health and social interventions to police and courts. Health National statistics from 2008 are a much more effective, less initiatives such as overdose show more than 2 million expensive approach,'' Dr prevention and needle people had used an illicit drug Wodak said. exchanges receive only 2 per in the previous year, with ''Law enforcement used to be cent of total funding. cannabis top of the list, a brilliant political strategy to More than half think the followed by the misuse of get people re-elected, but times justice system will never solve prescription pharmaceuticals, are changing and the fear- drug problems, according to ecstasy and based approach no longer the Anex survey, which comes methamphetamine. works.'' as the the National Drug Those who used drugs had
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Crime
Sydney Morning Herald, 21 October 2009 Frustration as Brimble jurors agree to disagree
Geesche Jacobsen CRIME EDITOR SEVEN years on and the wait increasingly inevitable after the Mr Wilhelm is also accused of continues for Dianne Brimble's jury of seven women and five men killing the 42-year-old. The family and the man accused of said on Friday they could not prosecution argues he committed killing her. agree. a ''dangerous and unlawful act'' by It was hard to tell whether it was Her former partner David supplying the drug or urging her relief or disappointment on Mark Mitchell said he, too, was unsure to take it. This had ''substantially Wilhelm's face when the jury whether to feel relieved or contributed'' to her death. reported yesterday morning it had disappointed. At least having a This was a difficult question, been unable to reach a verdict, not decision, either way, would be a Justice Roderick Howie told the even with an 11 to 1 majority, on resolution, he said. Supreme Court jury, which had one of the charges it had to Mrs Brimble's children, been asking questions about how consider. Sebastian and Aaron Brimble, 26 to decide the cause of death. Relief they had not found him and 23, and Tahlia Mitchell, 19, There was a ''sense of guilty, or disappointment they had were struggling to cope, said her frustration'', he told the jury, in not acquitted him, and at having to former husband Mark Brimble. failing to see the case through to face more uncertainty. ''We want to see that some good its conclusion. But, he praised The case surrounding the comes out of this … rather than their efforts, stressing that to Queensland mother's death this continual, protracted, return a verdict they did not aboard a cruise ship in September complicated, complex matter. believe in, just to agree with the 2002 has now occupied about 90 We're frustrated but we're not majority, would have been a days of court time - a four-week beaten. We're tired, but we're not miscarriage of justice. trial and one week of jury finished. We're getting closer to The jury was not asked for its deliberations, following a near- [the truth], but we're not there verdict on the other charge. record inquest spanning 17 yet,'' he said. The case was stood over to months from March 2006. Mr Wilhelm, 37, is accused of November 6 when the Director of The costs to the justice system supplying Mrs Brimble with the Public Prosecutions is expected to and the participants, financial and drug GHB. The court heard she announce if it will prosecute the emotional, are immense; and there had died on board the Pacific Sky case again, possibly next year. is still no result. from a combination of the drug, with Cosima Marriner Mrs Brimble's family were not in also known as fantasy, and court to hear yesterday's alcohol. It was not in dispute that development, which had become she took the drug willingly.
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Crime
Sun Herald, 1 November 2009 Cutting edge of violence
By Lisa Curty NSW POLITICAL EDITOR CRIME figures show Sydney CBD is highest number of knife crimes in knife laws and police officers still the city's worst knife crime the state. would continue to focus their hot spot, with 254 attacks Mr Daley praised the police activities on trouble spots in reported last year. commitment to reducing knife Sydney's CBD and the western But the Bureau of Crime crime. "Police across the state are suburbs. Statistics data released by Police continually making our streets A bill before Parliament will Minister Michael Daley show a safer, confiscating knives off have first-time knife carriers huge rise in knife crimes in the people out to cause trouble and - liable for a jail sentence of up to Bankstown local government area, in some cases - serious harm," he two years, rather than being let off where offences rose from 100 in said. "Across the state, the number with a $550 fine, unless they can 2007-08 to 151 in 2008-09. of offences involving a knife or show good reason for having a While the figures point to a sharp implement is down.'' knife, such as for a fishing statewide drop of 8.2 per cent in "High-visibility police operations expedition. knife crimes, Mr Daley has vowed such as Operation Vikings and The bill, drafted by the Reverend police will continue to crack down Operation Vision 5 on our public Fred Nile, will also introduce a on the use of knives and other transport network continue to $5500 fine for anyone who refuses sharp weapons such as scissors send a strong message to to be searched for a knife. and screwdrivers. criminals who carry knives that "The Government makes no Liverpool, Blacktown, they will be caught by police. apologies for this tough stance Campbelltown, Newcastle and "In many of these hot spots, and I've asked NSW Police Canterbury all recorded slight police have achieved excellent Commissioner [Andrew] Scipione increases in knife crimes, while results in keeping the number of to keep me updated about the decreases were recorded in knife-related incidents low. For efforts of police in catching these Marrickville, Strathfield, Penrith, example, in the Sydney local gutless criminals,'' Mr Daley said. Warringah, Rockdale, Wagga government area, there has been a In 2007-08, knives and other Wagga and Holroyd council areas. drop of 29 per cent.'' sharp implements were used in Despite recording a decrease of The Police Minister said the 4086 crimes; in 2008-09, that 105, Sydney City recorded the state had Australia's toughest figure had fallen to 3736.
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Crime
Sydney Morning Herald, 12 November 2009 Betters results with suspended sentences
Louise Hall
CRIMINALs who have The same offender had a 42 a full-time sentence and previously served time in per cent chance if given a those whose sentence was
suspended sentence. suspended. prison are about 25 per cent The difference at two years The study compared 1661 less likely to commit future offences if they are given a was 18 per cent. matched pairs of offenders suspended sentence rather The bureau's director, Don with a prior prison sentence than a jail term, new Weatherburn, said the and 2650 matched pairs research has found. findings added to a growing without a prior jail history, Despite the public body of evidence that adjusted for a large range of perception that suspended spending time behind bars factors such as gender, age, sentences are a ''let-off'' or a does not reduce the offence type, plea and ''a slap on the wrist'', non- likelihood of that person juvenile record. custodial penalties are just committing more crime. A spokesman for the as effective a deterrent as a ''This does not mean we Victims of Crime Assistance stint in prison, especially for should abandon prison as a League, Howard Brown, said offenders with a long sanction for offending,'' Dr suspended sentences can criminal history. Weatherburn said. prevent recidivism because The number of suspended ''Prison might still be offenders are not in jail sentences imposed by NSW justified on the grounds of acquiring new criminal skills local courts rose by 300 per general deterrence, in the so-called ''universities cent between 2000 and punishment or of crime''. 2007, to make up 4.6 per incapacitation … however it But he said suspended cent of all penalties from would be wrong to impose a sentences can cause angst magistrates. prison sentence on an for some victims because the Figures released by the offender in the belief that it offender is still at large. NSW Bureau of Crime will deter them from further A spokesman for the Statistics and Research offending.'' Attorney-General, John yesterday show that after In cases where the Hatzistergos, said custodial one year, an offender who offender had no previous jail sentences are needed to spent time in jail and then time, the bureau found no ''protect the community and received another custodial significant difference in the punish the offender to deter sentence had a 52 per cent likelihood of reconviction others''. chance of being reconvicted. between those who received
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Crime
Sydney Morning Herald, 12 November 2009 Push to wipe out card scammers
Louise Hall
NEW laws that target ATM stolen from superannuation accounts set up in false skimming scams and the ''We are responding to the names.
growth in cyber criminals trafficking of credit cards The laws will also double using stolen identities to and PINs on the black the maximum penalty for market will be a ''powerful engage in money laundering, serious fraud from five to 10 new weapon'' against the $1 drug trafficking and illegal years' jail. billion-a-year identity fraud immigration,'' Mr Rees said. industry, the State A Bureau of Statistics ‘We are responding to Government says. report last year found the growth in cyber The Premier, Nathan Rees, 450,000 Australians lost a said the three new personal combined $997 million to criminals.’ identity offences would help personal fraud in 2007. Nathan Rees bring the Crimes Act into the It said the crime wave was internet era, while a result of the rapid ''These laws send an antiquated laws dealing with expansion of electronic important message to this outdated methods of fraud data-sharing and storage new breed of criminal: we and forgery would be and online transactions, will find you and send you to repealed. with scammers using jail,'' Mr Rees said. Selling or using personal lotteries, pyramid schemes, While 16 of 17 major data, such as trading credit chain letters and phishing to categories of crime have had card details on so-called illicit personal information. stable or declining rates in ''carder forums'' or In July, NSW Police Strike the 24 months to June, fraud obtaining and selling bank Force Gamut arrested two has continued to rise. details through fake emails, people allegedly involved in The measures are designed would attract a jail term of a multimillion-dollar to protect vulnerable people, up to 10 years. identity fraud racket in such as the elderly who are Possessing everyday which personal details were at risk of being defrauded by devices such as scanners and stolen from letterboxes and a carer, as well as business laminators to produce fake used to create identity situations, such as a IDs could result in three documents. company director years' jail. accounts via 112 bank defrauding shareholders. About $3.5 million was
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Crime
Sydney Morning Herald, 12 November 2009 Women and men show differences in crimes and drugs
Kate Benson HEALTH
WOMEN detained by police heroin and 12 per cent taking anti-psychotic were more likely than men medications. benzodiazepines. to be suffering mental The study's authors, Almost 40 per cent of illness, using hard drugs and Lubica Forsythe and Kerryn women and 27 per cent of to have experienced sexual Adams, also found that men reported having a abuse as children, a study women were more likely to mental illness, but has found, prompting calls be involved in shoplifting, researchers were not able to for offenders to be given fraud and receiving stolen include those who may have psychological help to reduce goods to support drug had psychological problems crime. habits, while men were but had not been diagnosed. The five-year study, engaging in more violent The study also found that released yesterday by the crimes, car theft, burglary more than a third of women Australian Institute of and drug dealing. and a quarter of men Criminology, surveyed more The men were more likely reported experiencing high than 18,000 people in four to be using cannabis (59 per levels of distress in the states and found that men cent), but less likely to be month before their arrests, and women had distinctly using amphetamines (34 per which could indicate a different patterns of drug cent) and heroin (13 per mental illness. use and criminal behaviour. cent). The authors said the The relationship between One in five women and one study's results could be used mental illness, drug use and in six men reported having to design different arrest was much stronger for spent at least one night in a treatment programs for men women, with more than half psychiatric unit in their and women, and plan mental of those in custody admitting lifetime, while 13 per cent of health care programs to to using cannabis in the past women were on prevent recidivism. month. antidepressants, against 7 About 43 per cent had used per cent of men. Four per amphetamines, 18 per cent cent of both groups were
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Crime
Sydney Morning Herald, 27 November 2009 Plea bargain changes aim to give victims a greater say
Joel Gibson LEGAL AFFAIRS
PROSECUTORS who plea about the issue, but Mr Sentencing judges be told bargain with accused criminals Cowdery rejected assertions why people pleaded guilty so will be forced to provide judges about a lack of consultation they can separate remorseful with a signed certificate with victims. criminals from those who help justifying the outcome under But the Sentencing Council - because of a strong case changes proposed by the NSW which includes Mr Cowdery, against them; and Sentencing Council. the retired Supreme Court Offenders who win leniency The council also wants the judge James Wood, QC, and by assisting authorities do not law to ensure that sentences victims' advocate Ken Marslew, get better prison conditions discounted due to guilty pleas among others - said more unless they can prove they will or assisting police are not needed to be done ''to be in danger otherwise. ''unreasonably encourage uniform compliance The number of guilty pleas disproportionate to the nature with the guidelines and to negotiated has increased in the and circumstances of the promote transparency in the past decade to 62 per cent of offence''. sentencing process''. charges in higher courts, up If adopted by the NSW Under the changes proposed, from 50 per cent in 1998, Government next year, the new a ''responsible officer'' would according to figures from the requirements would help allay have to attest that any NSW Bureau of Crime Statistics concerns of victims groups, negotiated statement of facts and Research. police and politicians that tendered to a sentencing judge Mr Hatzistergos, who victims are being neglected as was the result of consultation commissioned the report to violent criminals negotiate with the victim and the police gauge whether offenders were their way out of more serious in charge of the case and that receiving excessive sentence charges. the statement was ''a fair and reductions, said the In August, a solicitor with the accurate account of the Government would make any Office of the Director of Public objective criminality of the necessary changes next year Prosecutions told the Herald offender''. Where consultation after consulting with the state's that plea-bargaining guidelines had not occurred, they would chief judges. were being ignored because of have to explain why. The proposals would pressure on Crown prosecutors The council also proposed a guarantee that victims of crime and judges to resolve cases range of other changes to get a fair say in the charge quickly. toughen sentencing. In a report negotiations process, he said.
In seven years of participating to be released today, it "For the public and police to in criminal trials, he said he had recommends that: have confidence in the justice seen the guidelines from a Discounts be abolished for system then it is important to 2002 review followed only people who have already see offenders being held three times. suffered other forms of accountable for their crimes The Attorney-General, John punishment, such as having and that any discounts have a Hatzistergos, has written to the assets seized or being banned legitimate public purpose.'' DPP, Nicholas Cowdery, QC, from working with children;
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Crime
Sydney Morning Herald, 4 December 2009 Rights and wrongs of separation of powers
RICHARD ACKLAND OPINION Woof . . . woof. The watchdog has conclusion but, if a contortion or High Court, by a four-to-three barked again. Sort of. I'll explain. two is required for the judiciary to majority, said the legislation was On May 5, 1990, a gentleman protect its patch, so be it. ''repugnant to the judicial process called Gregory Wayne Kable Justice Mary Gaudron said the in a fundamental degree”. stabbed his wife to death in their powers were ''the antithesis of The act set up a regime whereby house. This followed a bitter judicial process, one of the central the Crime Commission could custody dispute over their two purposes of which is . . . to protect apply for an order to freeze assets young children. He was charged the individual from arbitrary of someone suspected of having with murder, but later the Director punishment and arbitrary engaged in serious crime-related of Public Prosecutions accepted a abrogation of rights''. That sounds activity. This could be done plea of guilty to manslaughter on a bit like a bill of rights lurking in without notice to the affected the basis of Kable's diminished there somewhere. Heaven forbid. party - an ex parte order, which is responsibility. He got a minimum Thereafter, in other cases lawyer-speak for ''not telling the of four years in pokey. dealing with preventive detention other side in advance''. Once he was locked up Kable laws, the High Court lost The court had to make the order started writing threatening letters enthusiasm for rights. if it thought there were to the relatives of his dead wife, Queensland's Dangerous reasonable grounds for suspicion. who were caring for the children. Prisoners (Sexual Offenders) Act The High Court declared the A psychologist said the letters was waved through by the High relevant section invalid. were a form of ''psychological Court, with Chief Justice Murray With Kable on the prowl and violence'', a step removed from Gleeson saying: ''Substantial woofing again, what might be extreme physical violence. The questions of civil liberties arise. tested next? When a suitable authorities feared, once he was This case is not concerned with occasion arises NSW's bikies and released, Kable would reoffend those wider issues.'' gangs legislation could be a and the politicians went on red As Justice Michael Kirby customer. Already the Full Court alert that this was something that observed of Kable, it was a in South Australia has applied the could inflame the voters. constitutional watchdog that Kable principle to its anti-gangs In response the Community ''would bark but once''. law. Although the NSW Protection Act was passed. The The constitution says judges are counterpart tries to skip around government could apply to the to exercise the judicial power of some of the more unsubtle Supreme Court for a preventive the Commonwealth but it doesn't elements of the South Australian detention order to keep someone tell them which is the correct way act, it may not be trying hard locked up after they had served to do that. Consequently, they can enough. their term. swing and switch about in any The High Court majority Initially the act applied to one way they like. objected to the Criminal Assets person: Gregory Wayne Kable. So the Kable principle didn't Recovery Act because it didn't Even though the legislation was apply to other bits of legislation specifically enable to court to hedged with words that seemed to providing for things such as direct that the other side be told give the judges lots of discretion, control orders, indefinite their assets stood a good chance of such as ''may'' and ''satisfied on detention without charge and being frozen. We'll hold our reasonable grounds'', the High gang laws - all of which to varying breath that this might herald a Court found it unconstitutional degrees seemed to heavy judges faint dawn of rights. because it smacked too much of to come down on the side of the One bit of the act that was not the government seeking to tell the state. unconstitutional said judges could judges what to do. Now the watchdog has snuck out unfreeze some of the loot and give The High Court had to go through of the kennel. In last month's it to the suspect to pay his all sorts of elaborate decision dealing with NSW's lawyers. contortions to arrive at that Criminal Assets Recovery Act, the All is not lost.
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