Th e Au s t r a l i a In s t i t u t e

The Last Word Clive Hamilton left the Institute at the end of February to devote himself to writing. Here he pens his last comment for the newsletter.

One of the pleasures of working at by corporations of the Trade Practices the Australia Institute has been the Act to attempt to silence their critics support we have always received in civil society. By claiming that crit- from our members. In the early icism of their activities constitutes years, when it was just me and an ‘deceptive or misleading conduct’, office manager, I knew all of their corporations with deep pockets can No. 54 March 2008 names. More recently I have enjoyed intimidate and close down indi- meeting people at writers’ festi- viduals and community groups who The Last Word vals and other public events who dare to take them on. Clive Hamilton announce themselves as members of International Women’s Day This tactic, which has arisen only the Institute. Susan Harris Rimmer since the Commonwealth and the states agreed to adopt uniform defa- Cluttering up the home mation laws which made it impos- Josh Fear sible for a corporation to be defamed, Teaching Climate Change is looking more and more like a new Louise Collett and Christian Downie form of SLAPP – strategic lawsuits Electricity Privatisation against public participation. Clive Hamilton The Rudd Labor Government needs Not all Australians are equal to look at this as a matter of urgency Kim Rubenstein and change the legislation to outlaw Courage after the apology it. Pat Dodson Unpredictable Both sides now Susan Harris Rimmer It is important for a think tank like ours to be a little unpredictable. As Michael Kirby said at the launch of Institute Notes the Institute in 1994: Dr Clive Hamilton ‘…an Institute deserving the The support of our members has been name of “The Australia Institute” particularly important during times should welcome to its ranks of intense pressure. Occasionally we heterodox opinions. Only if it have felt under siege, when powerful does so will it earn community groups have had us in the cross-hairs. and political respect. Only then Our confidence and determination will it be useful to the country have been restored by the messages whose name it proudly claims in of support flowing in. its title.’

One of the more worrying develop- It would be surprising if our ments in recent times has been the use members agreed with everything

1 Th e Au s t r a l i a In s t i t u t e we have argued over the years, but become aware of the downside of for more contented individuals and a I hope their loyalty has been due to the preoccupation with the economy. happier society? their regard for the quality of our The whole neoliberal project has work and its ability to challenge and been destabilised by the posing In our work we have begun to suggest deepen the way we think about some of a profound question: Although some answers to this question, but important public issues. undoubtedly successful in its own we are only at the beginning of the terms, has the free market revolution development of a new progressive Our focus has shifted markedly actually made people in Australia politics based on this idea that can over the years. Initially established any happier? take us beyond neoliberalism. to argue against the more extreme manifestations of economic ratio- When we look at the evidence, much We are not at the end of history; we nalism, then being implemented by of which has been created, inter- are at the beginning of a revolution the Keating government, it has to be preted or published by the Australia in which the fruits of a century of admitted that the neoliberal revolu- Institute, the answer is ‘no’, and this political freedoms and affluence can tion swept all before it. leads directly to another question: at last be enjoyed. What policies, political program and But in recent years more people have forms of social change would make

Counting the cost of by-elections Do politicians owe a duty to serve out their full term asks Josh Fear

Is Alexander Downer trying to tell us Although it often takes place out Act, House of Representatives and something? Dodging question time of the public eye, there is much Senate candidates who receive 4 per for lunch with a journalist, skipping a valuable work that is carried out cent or more of formal first prefer- whole day of parliament for a spot of by backbenchers on both sides of ence votes are entitled to receive golf with Mark Vaile, and now trying the chamber, particularly in the public election funding (whether his hand at radio broadcasting. After committee room and on behalf of they are elected or not). At present, the highs of international diplomacy, local constituents. By leaving parlia- they receive around $2.14 for each it would appear that opposition is just ment prematurely, the former foreign first preference vote. too tedious. minister is essentially indicating that such work is now beneath him. Most of this money is paid to political All the signals indicate that Mr parties within four weeks of polling Downer will be out of federal parlia- But is it acceptable for former day. In 2004, $41.9 million was paid ment within the year. Some have government members to leave early to parties and to independent candi- welcomed his impending resigna- purely because they have lost govern- dates, including $18.0 million to the tion. If the current member for Mayo ment? At the least, there should be Liberal Party and $16.7 million to the isn’t interested in representing his recognition of the shirking of respon- Labor Party. Again, since it is used electorate in the national parliament, sibility that this entails. There should to cover the costs of the democratic they suggest, then the voters should also be some contribution towards process, this is entirely appropriate. replace him with someone who is. the considerable costs of holding by-elections. Election funding is payable after both general elections and by-elections. By leaving parliament Of course, the funding of elections This means that there is some finan- prematurely, the former (including by-elections) is one of cial incentive for political parties to foreign minister is the financial costs of democracy. As precipitate a by-election, although essentially indicating a rule it is money well spent. But if this is usually offset by the electoral there were financial penalties associ- risk involved, and of course the cost that such work is now ated with not fulfilling a basic elec- of running an extra campaign. But in beneath him. tion commitment like serving out a safe seat, where the sitting member a full term, perhaps our parliamen- is going to retire anyway, the major But Mr Downer made a commitment tarians would pay more attention parties could end up benefiting finan- to his electorate in the lead-up to the to the importance of meeting their cially from a by-election. last election. His obligation is now to obligations. represent it in the national parliament It is time for this loophole to be to the best of his abilities. Under the Commonwealth Electoral closed. It is the responsibility of each

2 Th e Au s t r a l i a In s t i t u t e political party to pre-select candi- parties to pre-select candidates who example, it is likely that a by-elec- dates who, in their estimation, are will stick around regardless of the tion would have been held in that able to meet their electoral commit- overall outcome of the election. seat anyway. In this case it would ments – including hanging around be up to the party to weigh up the for the full term of the parliament, Of course, some politicians resign wider benefits of that person’s candi- whether or not their party ends up from parliament for genuine reasons. dature against the possible financial forming government. Illness could prevent someone from penalties. discharging their duties properly, and should be treated with compassion. If Representing one’s constituency for Election funding should medical evidence is produced, then the duration of the parliament is a therefore be withheld no financial penalty should apply. If duty that all elected members must (or taken back) from the former member then takes on a carry out, but serving in the ministry those parties whose high-paying consultancy position, it is a privilege that very few are would be apparent that they left on granted. If some members choose to elected candidates fail to false terms. leave parliament before their term is serve for a certain period. up simply because they have lost the There are also circumstances where political influence they once had, then Election funding should therefore be it is very much in a party’s inter- their parties should be forced to take withheld (or taken back) from those ests to put forward a local candi- responsibility for their decisions. parties whose elected candidates fail date who may well end up retiring to serve for a certain period - say half before the next election, particularly This opinion piece was previously of their elected term, or 18 months. if it does not form government. Had published in The Canberra Times on This would encourage political John Howard won in Bennelong, for 29 February 2008.

Electricity privatisation could cripple emissions trading scheme The NSW Government should not indemnify private investors in the state’s electricity infrastructure against the future costs of carbon, writes Clive Hamilton.

The Iemma Government in NSW the taxpayer) to indemnify it against more cheaply than otherwise. is finalising arrangements to priva- the costs of future carbon liabilities. tise the state’s electricity genera- In the past, governments have been This would give NSW coal-fired tors, along with the retail electricity known to give secret indemnities or generators a substantial competitive market. subsidies to private companies to advantage over alternatives (gas and eliminate certain forms of commer- renewables) and over other coal-fired Potential investors in NSW genera- cial risk. generators which would not receive a tors will need to assess their future concession. In short, the granting of carbon liability carefully. With strong A recent report by the Australia indemnities of this magnitude would signals from the Commonwealth Institute, Carbon Liabilities of NSW cripple the Rudd Government’s emis- that emission caps will be set with Electricity Generators, shows that sions trading system. a view to cutting Australia’s overall the expected liability across the state emissions by at least 60 per cent by over the period 2010-2030 is between There have been suggestions in the 2050, the carbon penalty on coal- $10 billion and $22 billion, with a press that the sale price of the gener- fired generators could be large, best estimate of $15.38 billion. ators and retailers will be in the order and will undoubtedly reduce their of $15 billion. If this is so and our profitability. This amount would be the cost estimate of the cost of the carbon borne by NSW citizens if the NSW liability is anywhere near accurate, No prudent investor would buy the Government indemnifies private the carbon liability and indemnity assets without addressing this carbon buyers against future carbon liabili- issue will dominate negotiations in risk. The most attractive solution ties. An indemnity would release the sale process. from a buyer’s viewpoint would be the new owners of a very large cost to get the NSW Government (i.e. and permit them to sell electricity

3 Th e Au s t r a l i a In s t i t u t e Three wishes for International Women’s Day 2008 Saturday 8 March could really be worth celebrating this year, writes Susan Harris Rimmer.

International Women’s Day is Saturday 8 March and Australian women can be chilling the cham- pers this year. Julia Gillard has been performing as the first female Acting Prime Minister, and many have felt a swelling of pride in her achieve- ment. Julie Bishop is the first female Deputy Leader of the Opposition and very able. Therese Rein is a ‘First Lady’ who is inspiring and successful in her own right. The Federal Cabinet rejoices in many competent (and let’s face it, downright spunky) women. We have not one, but two female High Court judges. Hallelujah, Federal Parliament is finally getting disadvantage, such as poor women, are much wider than that. For the a crèche. migrant workers, indigenous women same reasons, let’s get the Minister in remote communities, women for the Status of Women, currently These local leaps forward in leader- with disabilities, and queer women Tanya Plibersek, back into Cabinet. ship are also following global devel- may not notice much of a difference Heck, why not go the whole hog? opments. Hilary Clinton’s US elec- at all. Rudd is searching for a National tion campaign is making the leader- Security Adviser, why not include a ship potential of women front page In the spirit of national change, I new high profile appointment to be news all over the world. Former nominate three wishes for progress named the National Status of Women President of Ireland and UN human in gender equality that the Rudd Adviser too? Why not make 500 of rights chief has gath- Government could deliver imme- the best and brightest invited to the ered the world’s forty female leaders diately, and which might also yield 2020 Summit women? Cate Blanchett together for the first time in history longer term benefits for all Australian cannot do it all on her own. for the Council of Women World women. Leaders. This is not ‘administrivia’, it is 1. Move the Office for Women about signalling the priority the new back into the Department of Prime Government is going to give to issues Issues like paid maternity Minister and Cabinet (PM&C). The of gender equality, and it ensures that leave and equal pay are Office for Women is the policy advi- problems will be tackled with energy starting to rumble down sory unit that advises on a broad and resources. the policy mountain range of women’s issues within the gathering pace at last but Australian Public Service. It used 2. Continue the focus on a national are not yet a reality. to be in PM&C, but in the Howard response to and the public campaign years was made a division of the against domestic violence. It is Department of Families, Community completely understandable that the However welcome these develop- Services and Indigenous Affairs. Rudd Government wants to axe the ments are at the elite political level, excesses of government spending on they may not necessarily translate Is that important? Yes. When the advertising campaigns. The ‘Australia into gains for the average Australian Executive wants an issue to have a says no’ interventions during the woman. Issues like paid maternity whole-of-government impact and Howard Government might need to leave and equal pay are starting to be a priority policy issue, it goes to be revisited, for example in terms of rumble down the policy mountain PM&C. PM&C is therefore getting backing up the spartan website and gathering pace at last but are not yet a new Office for Work and Family, helpline services. But please do not a reality. Women who face layers of which is good, but women’s concerns abandon completely a high priority

4 Th e Au s t r a l i a In s t i t u t e national campaign about violence the federal Sex Discrimination Act it, and it came into force without against women. 1975. The Australian Government Australia’s backing. The Protocol is due to report on CEDAW this year was basically a casualty in a brawl Even better, the new Federal and is calling for submissions from between Australia and the UN human Government could recognise Australian women over the next two rights treaty system, caused by a violence against women and chil- months. fit of pique over adverse comments dren as a national emergency, on par made to then Minister Ruddock by with counter-terrorism measures. the Committee for the Elimination of The resolve and resources directed This will be another Racial Discrimination over asylum- towards the inter- seeker and indigenous issues. vention could be directed at tackling signal, this time to the these problems in every community world, that Australia The Rudd Government has already in Australia, making the interven- takes the human rights promised that they would sign tion based on the equal rights of all of women seriously. the Optional Protocol. This will Australians to be free from personal be another signal, this time to the violence. world, that Australia takes the human The Optional Protocol was designed rights of women seriously. The to create a complaints mechanism 3. The cherry on top of the IWD impetus of a UN Committee moni- so that individuals or groups could cake this year could be for the toring complaints might also keep make a complaint to the CEDAW Rudd Government to deliver on us focused on the needs of the most Committee in Geneva. The Protocol its promise to sign the Optional marginalised women and girls in was designed to put CEDAW in line Protocol to the Convention for Australia. These three wishes would with the other major human rights the Elimination of Discrimination be IWD gifts to our nation’s future treaties like those dealing with torture Against Women (CEDAW). OK, and would be worth celebrating this or racism. so many Australian women will not Saturday. have this top of their IWD wish list, Australia helped to draft the text but if they knew the history of this This opinion piece was originally of this Protocol and promoted its long-running saga they would. The published by The Canberra Times on accession in the region. Suddenly, CEDAW is the international treaty 8 March 2008. in August 2000, the Howard for the rights of women, much of Government decided not to sign which has been incorporated into

Dear Mr Rudd: Ideas for a Better Australia, Edited by Robert Manne

Paul Keating once said, ‘Change the government and you change the country.’ With the election of the Rudd government, there is a renewed interest in the nation’s future – both the challenges and the opportunities. Just imagine for a moment that you were in conversation with the new PM – what would you tell him about your expectations and hopes for Australia’s future?

In Dear Mr Rudd, leading Australian thinkers offer essays on key areas of interest: climate change, the economy, human rights, the republic, water and much more besides. Each ‘letter’ is passionate and imagi- native and will create discussion and debate. Here is a set of new ideas to provoke and inspire – not just for our nation’s leader but for all Australians.

Published by Black Inc and released nation- ally on 3 March 2008. For more information see http://www.blackincbooks.com/

5 Th e Au s t r a l i a In s t i t u t e

Cluttering up the home A new research paper by the Institute has found that the Australian home has become so cluttered that it is affecting many people emotionally. Author Josh Fear discusses the findings.

In 2005, the Institute published a Women in particular find clutter Bought clutter consists of impulse paper on wasteful consumption in distressing. Almost 60 per cent of purchases that never end up being Australia. The authors found that the women said there was a room in the used. It commonly includes clothes, average Australian household wasted house that they don’t like visitors to fashion accessories and books. It is $1,226 on items that were purchased see because of the clutter. Almost all this category of clutter that is strongly but never used – or $10.5 billion of the ‘problem clutterers’ that we linked to wasteful consumption. across the nation. This was more spoke to were female. One woman than Australian governments spent even said that at one point she on universities and roads. wished her home would burn down Most of us don’t want to in a bushfire, so she could be rid of buy things we won’t end Many of the things we don’t use – all the stuff. up using, just like most such as uneaten food – ends up as of us would like to be landfill, but some of it just hangs Naturally enough, clutter tends to slimmer and fitter than around. Rather than throwing away, accumulate over a lifetime, with we actually are. recycling, selling or giving away our older people having more clutter than unwanted or unused things, we often younger people. However, younger let them accumulate. people are more worried about their Cluttered homes can perhaps be clutter, and more anxious to do seen as an analogue of the obesity something about it. Older people, by epidemic. Most of us don’t want to Almost nine in ten contrast, seem to have accepted or buy things we won’t end up using, people have at least one resigned themselves to their clutter just like most of us would like to be cluttered room in their (despite having more of it). slimmer and fitter than we actually home, and the average are. Yet the results of this research Our interview discussions also home has three or more suggest that Australian homes are revealed a number of different cate- cluttered rooms. often cluttered with things that are gories of clutter, depending on the rarely or never used. We may not nature of a person’s ‘attachment’ to want to live in ‘fat houses’, but To examine the extent to which our things. we do. homes are filling up with clutter, the Institute recently conducted a Emotional clutter has sentimental Of course, the alternative to clut- national survey of 1,000 people. We meaning but little financial value. tering up our homes is simply to also interviewed people who identi- It could include children’s toys or avoid acquiring unwanted or useless fied themselves as having a problem drawings, (unused or unwanted) items in the first place. Among with clutter. gifts, school or university notes, or other things, this requires a more the personal possessions of absent conscious approach to shopping, The results were striking. Almost loved ones. Of course, emotional one that is about purchasing what nine in ten people have at least one clutter is only really a problem if we really need and will use, rather cluttered room in their home, and the there is too much of it. than shopping impulsively or as a average home has three or more clut- way of entertaining ourselves. It Just-in-case clutter has little or no tered rooms. Clutter – defined as ‘too also requires a healthy scepticism sentimental value, but since it ‘might many items that are rarely or never towards commercial messages trying come in handy one day’ it is kept used’ to distinguish it from things to convince us to buy things that for some time. Examples include that do get used but look messy – is we don’t really want or need. If we old bills or bank statements, tools or so commonplace in Australian homes follow these principles, perhaps we stationery. that it seems to be the norm. can reclaim our homes. Even more remarkably, clutter is Bargain clutter is free or very cheap affecting our mental health. Four in items acquired at sales, from friends ten Australians say they feel anxious, or family or ‘by the side of the road’. depressed or guilty about the clutter Certain personality types tend to in their homes, while one in three are be especially attracted to bargain embarrassed by it. clutter.

6 Th e Au s t r a l i a In s t i t u t e Teaching Climate Change The Institute has been busy creating a set of interactive online teaching materials for Australia high schools. The nine separate learning modules educate students on many of the different aspect of climate change; Louise Collett and Christian Downie explain

With rising temperatures, prolonged information can be a difficult, if not Protocol and highlights the role drought and the seemingly perma- overwhelming, challenge. developed and developing countries nent water restrictions Australians can play. It also considers the argu- are now facing up to the reality of Teaching climate change can also be ments that surrounded Australia’s climate change. The mainstream hard because it cuts across subjects, decision to ratify the Kyoto Protocol media has finally caught up to the including Science, Human Society in 2007. science in recognising that climate and its Environment (HSIE) and change is real and it is happening Economics. Accessing suitable infor- now. mation can therefore prove chal- lenging, especially for the aspects of In 2007, the United Nations’ Inter­ climate change that receive less atten- governmental Panel on Climate tion such as the ethics and economics Change released its Fourth of climate change. Assessment Report. It concluded: Conscious of these issues, Australian Warming of the climate system is Ethical Investment Ltd generously unequivocal, as is now evident provided funding to the Institute from observations of increases to put together a series of teaching in global average air and ocean materials on climate change for temperatures, widespread melting high school teachers of year 9 and Module 5 introduces climate change of snow and ice, and rising global 10 students. In conjunction with as an ethical issue. Through the average sea level. high school teachers and university example of climate change it demon- academics, we compiled nine indi- strates the importance of ethical prin- The report also stated that there is vidual online modules. Each module a 90 per cent certainty that human ciples such as the polluter pays prin- addresses a different dimension of ciple in resolving questions about activities are to blame. In 2008, the climate change. The modules aim to Bureau of Meteorology announced who is responsible for the damage provide teachers and students with caused by climate change. that Australia had recorded warmer- accurate information to consider and than-average temperatures for 16 of analyse some of the critical issues Module 9 considers the controversial the past 18 years. It said that ‘this facing Australia, and indeed the issue of nuclear power in Australia. pattern is not surprising given that world. Suited to both teachers of science and Australia’s climate is warming in the humanities, this module describes line with the rest of the globe’. The materials were designed to help the science of nuclear energy. It then students grappling with the diffi- considers the arguments for and cult questions raised by the study against nuclear power in Australia, of climate change - What might together with an overview of the the impacts of climate change be problem of nuclear waste. in the future? What role can inter- national negotiations play? Who is We have already received a very responsible for the damage caused positive response to the series from by climate change? Who will suffer a number of teachers and educa- most from its effects? What policies tions bodies. A link to the materials can governments use to reduce our has been placed on several popular emissions? What are the economic websites used by high school costs? Is nuclear power the answer? teachers.

With climate change on the political For example, Module 4 looks For more information about agenda and in the media, Australians at the role of the United Nations the series or to download the are being inundated with information Framework Convention on Climate modules free of charge visit about climate change. For children, Change and the Kyoto Protocol. www.teachingclimatechange.com.au in particular, making sense of the It describes the workings of the

7 Th e Au s t r a l i a In s t i t u t e Not all australian citizens are equal Your right to vote as an Australian citizen is not as solid as it seems, writes Professor Kim Rubenstein.

On 26 September 2007, the High Court of Australia published reasons for orders announced on 30 August 2007 in the case of Vickie Lee Roach v Electoral Commissioner and Commonwealth of Australia. Vicki Lee Roach was an indigenous woman serving a 6 year term of imprisonment who wished to challenge the 2006 changes that took away the right of all prisoners to vote in Commonwealth elections. The Court, by a 4-2 majority, held that amendments made in 2006 to the Commonwealth Electoral Act to disqualify all prisoners from voting were invalid because they were inconsistent with the system of representative democracy established by the Constitution. However, previous legislation disqualifying prisoners serving sentences of three years or more was valid and remained operative. Ms Roach could not therefore vote in the 2007 election.

This piece was originally published in the Age online on 30 August 2007 after the orders were made and before the reasons were handed down.

Even as the High Court struck down Indeed the Roach case highlights one the Federal Government’s latest of the many problems with the draft attempt to disenfranchise part of its booklet Becoming an Australian citizenry, the right to vote is far from Citizen (issued in August 2007 by the an axiomatic feature of Australian government in anticipation of intro- democracy. ducing a citizenship test to applicants for Australian citizenship). Its state- The High Court’s order in Vickie Lee ments about what being an Australian Roach v Electoral Commissioner means are just not accurate. It says and Commonwealth of Australia that becoming an Australian citizen prevents the Commonwealth from means that you have a right and duty universally disenfranchising all pris- to vote. In fact it proclaims ‘the right oners on election day. But all that to vote is one of the most important does is return matters to where they liberties held by Australian citizens’. were, with categories of prisoners still unable to vote and no firm guar- But it doesn’t mention that it is not antees that voting rights on the part all Australian citizens. The result of all citizens cannot be abridged. Prof Kim Rubenstein of yesterday’s High Court decision is that the former provisions of the This is because there is no clear their bed of Australian democracy. Commonwealth Electoral Act in statement in the constitution about force prior to the amendments are Australian citizens’ right to vote. Citizenship, the right to vote, the right to return and live in one’s country, valid. So, an Australian citizen who Indeed, there is nothing in the is serving a sentence of three years or Australian Constitution about all, one who would have thought , the very rudiments of democratic longer for an offence against the law Australian citizenship, let alone of the Commonwealth or of a State rights that flow from citizenship. governance stand on very thin consti- tutional ground in Australia. or Territory; or has been convicted of treason or treachery and has not This is partly because Australians been pardoned is not entitled to have Indeed, there is nothing were British subjects at the time of his or her name placed on or retained in the Australian Federation. But, more significantly, on any Roll or to vote at any Senate Constitution about the drafters were conscious of what election or House of Representatives Australian citizenship, Sir Isaac Isaacs stated would be the election. let alone rights that flow ‘innumerable difficulties’ that would from citizenship. flow from including the term citizen Statements about voting rights are in our foundation document. Those not the only area unclear in the booklet. It also says that ‘becoming The High Court’s reasons shed difficulties revolved around the racist foundations of our Federation - a an Australian citizen will mean important light on the jurisprudence that you will have the right to live of voting but there is next to nothing desire to exclude people who were not white. It was easier if it were left in Australia’. Earlier in the year in the Constitution the Court can fix before David Hicks was returned to upon to make citizens rest easier in to administrative practice than law.

8 Th e Au s t r a l i a In s t i t u t e

Australia, the Prime Minister asserted preposterous? But it reflects on the residents to have a basic knowledge that just because David Hicks is an failings of our current Constitution of English and know about Australia Australian does not mean that he has and the lack of clarity in this area in and its values, setting up a citizen- a right to come to Australia. the law. ship test with questions that actually emphasise citizenship’s uncertainty It is not only the Constitution that in Australian law should be avoided. Most Australians would sends out mixed messages about presume Australian Australian citizenship. In 2002 the Policy makers should seriously look citizens have a right to government strongly supported the at Australia’s foundation document live in this country and recommendations of the Australian to guarantee those rights mentioned Citizenship Council report of 2000 in the booklet - all Australians should are rightly outraged repealing the former section 17 of have a right to vote and reside in their at the idea that an the Australian Citizenship Act 1948. country of citizenship. Australian citizen may It allowed Australians to take up a not have a right to new citizenship without losing their Kim Rubenstein is professor and enter Australia. Australian citizenship. director of the Centre for International and Public Law, ANU College of Law, This was a statement of confidence Australian National University. Most Australians would presume in Australians - that a connection to Australian citizens have a right to She will give the Dymphna Clark Australia can be affirmed while one live in this country and are rightly Lecture at the Seventh Manning Clark is outside Australia - it is a state- outraged at the idea that an Australian House Weekend of Ideas: Australian ment of inclusion rather than exclu- citizen may not have a right to enter Citizenship: Is it really worth having? sion. In contrast, the desire to set Australia. Yet, in constitutional Saturday 29 - Sunday 30 March 2008, up citizenship testing speaks more law terms, it is not clear whether at Manning Clark House. of exclusion. While there are clear Australians have a right to enter and benefits in encouraging permanent live in Australia. Doesn’t that sound

Courage after the apology On the day that the national parliament offered its apology to the stolen generations, Pat Dodson addressed the National Press Club. This is an edited extract from his speech.

The Nation, through our Prime the need for a better way of dealing place where community rights, of Minister, Kevin Rudd, has apolo- with nation building. This challenge choice, consultation, participation gised to the thousands of Indigenous to build a new Australia is vital to us and responsibility matter more than people over many generations who as Indigenous peoples. It is also vital administrative procedures and public were stolen or forcibly removed from to the integrity of the nation itself. sector management guidelines. their families, countries, languages and culture. This is a good time to ask ourselves It takes courage to why we have had such limited It takes courage to apologise. It takes apologise. It takes success in genuinely confronting our courage to forgive. It takes courage courage to forgive. failure to bring the quality of life that to begin a journey when the destina- It takes courage to begin most Australians take for granted to tion is imagined but not known. the Indigenous people of our country a journey when the and to reconcile our position in our The Parliament has now accepted destination is imagined country. the complicity of Australian but not known. Governments in a misguided attempt The recent debate that has raged in to destroy our people. We welcome After this moment, Australia can the lead up to the National Apology the Prime Minister’s commitment be imagined as a different place. A to the Stolen Generations has not that those ‘saddest of all stories’ will place where Aboriginal citizens no been edifying. There is an exagger- not be repeated in the future. longer live in third world conditions. ated anxiety that there will be an avalanche of demands for monetary The Parliament’s statement highlights A place where our kids are safe. A compensation.

9 Th e Au s t r a l i a In s t i t u t e

Even if the court said there was a to Australian lands - has survived. We It involved the privatisation of land case for compensation would the are capable of creating a relationship and homes, dismantling of Indigenous scale cripple our economic future? where the imperatives of Indigenous decision-making processes and the Any group of people who have been life are understood and respected by shock treatment of abolishing the treated badly under legitimate laws of governments and institutionalised as indigenous economy in remote settle- the crown deserve to pursue compen- part of good governance. ments based on the CDEP scheme. sation, judicially, legally and politi- This created distrust, the breakdown cally. They deserve our support. Symbolism is a powerful means to of relationships between government forge new thinking and discourse. and Indigenous people, and poli- Is our fear of having our past I see today’s apology as an epic cies that became dysfunctional and Governments and its servants gesture on the part of the Australian incoherent not only for the Northern condemned for their failure to act settler state to find accommodation Territory but nationally as well. to protect so with the dispossessed and colonised. great that we simply cannot counte- We know from global history that nance the notion of reviewing their We have at this point actions and establishing processes nations and societies have the capacity to break the shackles of in Australian history for recompense, restitution or recon- an opportunity for a ciliation ? paralysis and fear. Who could have predicted in the late 1980s that the national renaissance The whole issue of making good on monolithic empire of the Soviet based on modern settler the past, including compensation for Union with its subjugated Eastern Australia connecting with the stolen generation should indeed European states could have dissolved those who have occupied be pursued. Let us do so in a consid- without bloodshed into a mosaic of and managed these lands ered and negotiated manner as part democratic nations so rapidly? for countless millennia. of a carefully constructed process aimed at building an Australian Who could have dreamed in 1989 - The reality of the apology I hope nation that recognises and respects at the height of the most repressive signals a far deeper intent to remedy Aboriginal history, culture, language days of apartheid - that South Africa this situation quickly with the partic- and society. within five years would elect Nelson Mandela to lead a new democratic ipation of the Aboriginal leadership. nation with a constitution enshrining For the first time in many years the resolution of the Unfinished Business The whole issue of the world’s best practice on human between us seems possible. making good on the past, rights and is now getting on with its challenges whilst recognising and including compensation I take heart today from the words of respecting all its various traditions, for the stolen generation Jose Ramos Horta, a man who is, languages and cultures? should indeed be hopefully today, finding the courage pursued. We have at this point in Australian to survive a vicious, violent attack on history an opportunity for a national him and his nation: renaissance based on modern settler Consensus making and consultation ‘Now you say this victory [against Australia connecting with those who processes have delivered a national Indonesia] took courage, but I think have occupied and managed these apology. Such skills will be neces- more courage is required to be lands for countless millennia. sary on all sides to draw up the vision humble, to admit your mistakes, your we need for the future. In this process we have the liberating sins, to be honest. More courage is required to forgive than is required to In recent years we have been potential to forge a unique national take up arms.’ engulfed in a spurious discourse identity and purpose; one that rises above the tragedy of our colonial over symbolism versus practical Pat Dodson, is an Indigenous leader and racist history and enshrines outcomes, over rights versus respon- and the former chairman of the Council respect for cultural diversity as a sibilities and the notion that the for Aboriginal Reconciliation collective or community is somehow pivotal cornerstone of our nation’s at odds with the rights and aspira- existence. tions of individuals. The Northern Territory intervention We as a nation should be capable of occurred in the context of an ideo- developing public policy that recog- logical crusade. It was promoted nises the fact that Indigenous society by conservative policy think tanks - which draws on thousands of years and influential media commentators of cultural and religious connection pushing a neo liberal prescription for Indigenous policy.

10 Th e Au s t r a l i a In s t i t u t e Both sides now: hopes for the 42nd Parliament Can democracy be the big winner out of the 42nd Parliament? Susan Harris Rimmer speculates.

The first week of the 42nd Parliament was dominated by the apology to the stolen generations. That was entirely appropriate and I was among the throng of Australians at Parliament House to witness the historic event on Wednesday morning.

But the dawn of the new Parliament is crucial in another respect. It is a rare chance to draw a line under prac- tices developed since the Howard Government gained control over both Houses on 1 July 2005, practices that have undermined some of the basic tenets of parliamentary democracy. A new tone of accountability needs to be set from the outset.

What precisely was wrong with the last Parliament? In essence, are two further suggestions for a but crucial roles of legislative scru- it was not a place where ideas or democracy makeover. tiny, procedures, appropriations and legislation were open for robust privileges, much of which used to be debate. Decisions were made by the 1. The Senate will need new cham- carried out by the Democrats. There Executive in private and Parliament pions. The light on the hill over the is precious little glory involved, but served as a piece of hollow theatre last decade has for most Parliament- history will thank them. to progress party political concerns watchers been the glint from the in public, instead of serving as the ‘Glasses of Democracy’, the nick- 2. The Chambers should be used to accountability mechanism it was name of Senator John Faulkner. make Bills better. It sounds an unre- intended to be. The only sittings You could practically feel the markable proposition. To begin with, worth watching for the non-partisan Parliamentary Triangle quiver during the Rudd Government should make observer in the 41st Parliament were Estimates sessions, while Faulkner only judicious and rare use of ‘T’ the conscience votes, and brave and rumpoled their way Bills. A ‘T’ Bill is the term drafters backbenchers crossing the floor in through the tangle of obfuscating use for Bills which are so time-crit- the House of Representatives over SES. Certainly Faulkner could ical they have to pass through both migration measures. score the political points he wanted, Houses of Parliament in a single but what made him feared was his session. WorkChoices, counter- Harry Evans, the indomitable Clerk of genuine commitment to probity in terrorism, migration bills and the the Senate, set out the most pressing public expenditure. Northern Territory intervention have Parliamentary accountability crises all been in the form of ‘T’ Bills. arising from Government control of The Opposition, and Parliament itself, the Senate in ‘Silencing Dissent’, a now needs an outstanding candidate No matter what the emergency, it is book which should be stapled to all to lead their Estimates campaigns. very rare that a Bill the size of the new MPs. The Rudd Government One Senator has repeat- Yellow Pages actually needs to pass has already shown promising signs edly put their commitment to the through Parliament in a few hours. of rectifying excesses in measures Senate as a house of review above Most of these Bills needed amend- including Friday sittings, the their career prospects in their party, ments passed in yet another ‘T’ Bill Ministerial Code of Conduct, the and that is Senator . the very next sitting. Register of Lobbyists and regulating All Senators must consider stepping the role of Ministerial staffers. Here up into the unglamorous, difficult I can see the temptation for Labor

11 Institute notes New Publications

A. Macintosh & C. Downie, Aviation and Greenhouse Gas Emissions in the ACT, Research Paper 50, January 2008. C. Hamilton, Carbon Liabilities of NSW Electricity Generators, Research Paper 51, January 2008. J. Fear, Stuff Happens: Unused things cluttering up our homes, Research Paper 52, January 2008. Forthcoming Publications

J. Fear, Choice overload: Australians coping with the new financial order. S. Harris Rimmer, Character as Destiny in Commonwealth Law. J. Burton-McLeod, Public-Private Partnerships in Healthcare: Lessons from the US and Canada.

INSTITUTE NEWS - STAFF CHANGES With the departure of Clive Hamilton the Institute is facing some big changes. We are pleased to announce that Susan Harris Rimmer has become our Acting Executive Director. Susan, a human rights lawyer and refugee advocate, comes to us from the Parliamentary Library. Before that she worked with the United Nations High Commissioner for Refugees and with the National Council of Churches. Susan also serves on committees in a voluntary capacity for the Australian Red Cross and is the President of Australian Lawyers for Human Rights. Responding to Clive’s departure, Susan said: ‘Clive is a brave, tenacious and rigorous scholar. These qualities are the legacy Clive leaves to the Australia Institute and I hope to keep them alive in our future work.’ In the past two weeks we have also farewelled our Business Manager, Kelly Bruce and one of our Research Fellows, Christian Downie. Kelly has left for a position at the Australian Council for International Development, the peak body for aid organisations. Christian has begun his PhD in climate change and governance at the Regulatory Institutions Network at ANU. We wish Kelly and Christian the best of luck; they will be greatly missed by the Institute.

Continued from page 11, Both sides There is talent and dedication mandate in the Lower House, and now amongst Members of Parliament of what is contrary to the best interests all persuasions, but some of their of the Parliament as an institution. to hurl one of these behemoth Bills names would hardly be known to But Labor has also had a long time to at the crossbenches in response to the general public. One name that think about it, to reflect on what was Opposition calls not to ‘rush through’ was known and deeply mourned genuinely unfair and undemocratic, Labor’s new IR changes and allow a was Peter Andren. Let us hope as and to get their judgements right in proper Committee process. But the an opening prayer from the Public their new leadership role. point, whilst breathtakingly hypo- Gallery that his spirit of dedication critical on the part of the Coalition, to Parliament as an expression of Thousands of schoolchildren troop is still valid. democracy will inspire the MPs of through the House every year. Let us hope that the next three years Let us also see the backbenchers off the 42nd Parliament. provides them with an example the leash on both sides. The House It must be so tempting for Labor to worth emulating. of Representatives seemed to lose its treat the Opposition the way they role in the scrutiny and amendment have been treated for many long frus- A version of this piece was published in of Bills, most of the hard work being trating years. It will require states- The Canberra Times on 12 February done by Coalition ‘rebels’ in their manship and a finely honed sense of 2008, p. 11. With acknowledgments Legislation Committee before Bills judgment as to what are the justifiable to Harry Evans, Richard Denniss and were ever tabled. prerogatives of holding the majority Deidre McKeown.

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