REPORT OF INTERSTATE AND OVERSEAS TRAVEL UNDERTAKEN BY MEMBERS OF PARLIAMENT FUNDED BY THE IMPREST SYSTEM
FOR THE THREE MONTHS ENDED 30 JUNE 2013
This report contains a summary of all interstate and overseas travel undertaken by Members of Parliament on official business funded by the Imprest system. REPORT OF INTERSTATE AND OVERSEAS TRAVEL UNDERTAKEN BY MEMBERS OF PARLIAMENT FOR THE THREE MONTHS ENDED 30 JUNE 2013 FUNDED BY THE IMPREST SYSTEM
MEMBERS OF PARLIAMENT PARLIAMENT TRAVEL -IMPREST SYSTEM
INTERSTATE TRAVEL
T BUTI MLA (M) 03-Apr-13 05-Apr13 CANBERRA ATIENDED AN ANNUAL $1,365 FORUM OF ITALIAN AUSTRALIAN PARLIAMENTARIANS AND TO MEET WITH ACADEMICS AND LAWYERS ON A RANGE OF LEGAL ISSUES_ P TINLEY MLA (M) 24-Apr-13 05-May-13 CANBERRA, TO STUDY ECONOMIC $3,165 SYDNEY STRATEGIC PLANNING ACROSS GOVERNMENT BODIES AND ATIEND ANZAC DAY COMMEMORATIONS. HON K DOUST MLC (M) 02-May-13 05-May-13 CANBERRA ATIENDED THE FIRST $1,581 NATIONAL AUSTRALIAN LABOR PARTY POLICY FORUM. P ABETZ MLA (M) 15-May-13 18-May-13 SYDNEY A TIENDING THE 7TH $1,376 WORLD CONGRESS OF FAMILIES. HON M ALDRIDGE MLC (M) 30-May-13 02-Jun-13 CANBERRA ATIENDEDTHE $4,307 NATIONALS FEDERAL COUNCIL MEETING. V CATANIA MLA (M) 30-May-13 01-Jun-13 CANBERRA ATIENDEDTHE $4,984 NATIONALS FEDERAL COUNCIL MEETING. B GRYLLS MLA (M) 31-May-13 02-Jun-13 CANBERRA ATIENDEDTHE $3,718 NATIONALS FEDERAL COUNCIL MEETING. HON M DAVIES MLA (M) 31-May-13 01-Jun-13 CANBERRA ATIENDEDTHE $4,199 NATIONALS FEDERAL COUNCIL MEETING. HON P BROWN MLC (M) 31-May-13 02-Jun-13 CANBERRA ATIENDEDTHE $1,287 NATIONALS FEDERAL COUNCIL MEETING. M MURRAY MLA (M) 02-Jun-13 05-Jun-13 SYDNEY VARIOUS MEETINGS WITH $1,336 CLUBS AUSTRALIA I NEW SOUTH WALES AND THE AUSTRALIAN TURF CLUB LIMITED. HON M ALDRIDGE MLC (M) 14-Jun-13 16-Jun-13 SYDNEY, ATIENDEDTHE $3,221 BATHURST NSW NATIONALS CONFERENCE. OVERSEAS TRAVEL HON N GOIRAN MLC (M) 29-Mar-13 09-Apr-13 FRANCE INVITED TO SPEAK AT $5,550 THE 13TH ANNUAL PAN EUROPE PACIFIC LEGAL CONFERENCE. HON K DOUST MLA (M) 16-Apr-13 21-Apr-13 HONG KONG ATIENDED THE DIGITAL, $6,761 ENTERTAINMENT LEADERSHIP FORUM 2013 AND MEETINGS WITH HONG KONG INNOVATION AND TECHNOLOGY COMMISSION, COMMERCE AND ECONOMIC DEVELOPMENT BUREAU, CONSTITUTIONAL AND MAINLAND AFFAIRS BUREAU AND HOUSING AUTHORITY. R MCSWEENEY MLC (M) 19-Apr-13 05-May-13 GREECE PARLIAMENTARY ANZAC $20,607 STUDY TOUR, ADEND OFFICIAL ANZAC EVENTS AND PRESENT A WREATH ON BEHALF OF THE WESTERN AUSTRALIAN GOVERNMENT. J QUIGLEY MLC (M) 22-Jun-13 29-Jun-13 BALI· ADENDED THE CRIMINAL $4,607 LAWYERS ASSOCIATION OF THE NORTHERN TERRITORY CONFERENCE. HON M MCGOWAN MLA (M) 30-Jun-13 12-Jul-13 JAPAN VARIOUS MEETINGS WITH $1,653 HYOGO PREFECTURE GOVERNMENT OFFICIALS, AND SENIOR BUSINESS EXECUTIVES.
TOTAL FOR PARLIAMENT TRAVEL ·IMPREST SYSTEM VISITS: 16 $69,717 Dr. Tony Buti MLA B.P.E.(Hons), Dip Ed, M.I.R., L.L.B.(Hons), D.Phil
Member for Armadale
Mr Peter Conran AM Director General Department of Premier & Cabinet 5th Floor; Dumas House 2 Havelock Street WEST PERTH WA 6005
t Attention: Wachira Janthawong
Dear Director General
IMPREST REPORT FOR TRAVEL FROM Wednesday 3rd - Friday 5th April 2013
I travelled to Canberra on the above dates to attend the annual meeting of the Forum of Italian Australian Parliamentarians (FlAP) and to meet with academics and lawyers on a range of legal issues.
On Thursday moming I met with Jamie King to discuss community legal services. I also met with Dr Anthony Connolly, an Associate Professor at the Law School of the Australian National University on a range of Aboriginal egal issues relevant to my constituency and indigenous affairs policy in general.
On Thursday evening I attended a welcome reception for FlAP members at Parliament House and on Friday I attended the FlAP annual meeting from 9am to 3pm.
The total travel cost claimed is $1,364.53
Yours sincerely j}u~
DR TONY BUT! MLA MEMBER FOR ARMADALE
19 April 2013
2898 Albany Highway, Kelmscott, Western Australia 6111 Telephone: (08) 9495 4877 • Facsimile: (08) 9495 4866' Email: [email protected] or [email protected] Mr P Conran Director General Department of Premier and Cabinet 197 St Georges Terrace PERTH WA 6000
28 October 2013
Dear Mr Conran
nd Imprest Travel Report Perth - Canberra - Sydney 24th April- 2 May 2013
The purpose of the visit to Canberra and Sydney was to study economic strategic planning across government bodies and attend Anzac Day commemorations. Specific areas of interest included, but not limited to, the relationship between private sector participation in public policy and professional liaison with like-minded organisations.
Key outcomes for the visit are: • exposure to economic policy development framework • development and implementation of public policy • development of professional networks with selected enterprises A-Yours Sincerely
OW' Community Counts Hon Kate Doust MLC
.:1)1::;'(1--;c-'?-( fl_:.'\ :3clj~h i\:l2tfDpclii>;;;i ;~egion Ds~.)lJtj t_':;:~;(j2:( elf the Op:)os~~ion in Uv,: Leg\S;;::Lvc-~ Cou;;cil ·S«i8dc','j f'/:inist:-:( for !nd:.. i::';U:2: R21~.?t!ons: CGCi':nt?rce: Sn1ail 2.1'.;;il;2:-3:;· Tr;:1~~:': ;::: h?:cf.O 1"2,: :'>/;:&:[3
28 August 2013
Mr Peter Conran Director General Department of Premier and Cabinet 5th Floor Dmnas House 2 Havelock Sh'eet West Perth WA 6005
(Attention: Carla Falls)
Dear Mr Conran
Re: Imprest travel- CanbelTa 2 - 5 May 2013
I provide the following information to acquit the imprest monies paid to me for the purpose of travel to Canberra during the period of 2- 5 May 2013. The amount provided was $1580.61 to cover the cost of both airfares and travel expenses.
The pUlpose of the travel was so that I could attend as a delegate to the first National ALP Policy Forum. The meetings were held at University House, Australian National University, Canberra. I flew to Canberra on Thursday 2 May and the policy forum commended on Friday 3 May at midday and concluded late on Saturday 4 May.
The agenda was broken into a range of sessions with a variety of guest speakers including the Prime Minister Julia Gillard and National ALP President Jenny McAllister, plus a range of academics, economists, researchers and others. This was complimented with plenary sessions and workshops with the focus around policy development.
Attending the first of these forums is a useful opportunity to put a Western Australian view on aspects of policy development which may directly affect our state.
I look forward to participating in the ongoing policy forum meetings to be held over the next few years and the development of a new policy blueprint for the National Labour Party to be signed off at the ALP National Policy Conference in 2015.
3:09 /\Ib;~,ny :-iigil'/-/8)!, \/i<:lorl;;;: P,31':< \j\f,'\ 6'100 I ~)O Bc;( 577, \/icl:cria :=8(:< \;\j/; (3979 Tel: (0:3) 9470 351-1 i Fax: (0<'3) 9!-i70 35711 ;::rnt3iL ~{'~"lte.!!oLl;-;tG:]i"~-;p"\'V~1.9()\j.2U I have already provided a copy of my E-ticket and accommodation details with the original imprest application.
Attending the forum has helped to expand my skills and knowledge and will benefit me in my role as a Shadow Minister with policy development.
If any further information is required please contact me at my electorate office on 9470 3511.
Yours sincerely
Kate Doust Report on the
7th World Congress of Families
Happy Families - Healthy Economy
15_18th May 2013 at Australian Technology Park, 2 Locomotive St, Eveleigh (Sydney) NSW.
Prepared By
Rev Peter Abetz B.Agric.Sci(Hons); B.D.; MLA
Member for Southern River in the West Australian Parliament
Unit 4, 2 Furley Road SOUTHERN RIVER WA 6110 Ph: (08) 92564900
Email: [email protected]
May 2013
1 Report on the th World Congress of Families
Background:
The first World Congress of Families (WCF) was held in 1997. The initiative for holding the first WCF came from Dr Allan Carson 1, the founder of the Howard Centre for Family, Religion & Society in Illinois USA. He continues to serve as the Secretary of the WCF. Partners and pro-family groups in more than 80 countries work with the World Congress of Families in its vital work, defending the natural family and the sanctity of human life.
While relatively few public figures and commentators openly advocate the Marxist ideal of totally eliminating the family structure from society, the second-wave feminism2 that developed in the 1960s, strongly advocates and promotes this aspect of Marxist ideology. Their influence has been profound through infiltrating academia, which in turn has influenced the thinking of social workers, teachers and policy advisors to the point where there is limited support in these corridors of influence for the traditional family in western society.
The purpose of holding the WCF every few years has been to provide networking opportunities for people interested in affirming the pivotal role that natural families play in a healthy society, and also to hear reports of the empirical evidence that points to the superior outcomes for society when people are nurtured in the natural family.
The presenters and attendees come from a wide range of countries, cultures and professional backgrounds inciuding experts in business, economics, education, law, healthcare, politicians and the media.
Circumstances prevented me from attending the earlier WCF events held in Prague, Geneva, Mexico, Warsaw, Amsterdam, and Madrid.
Having a keen interest in families and their importance within society, I was invited to serve on the Parliamentary Forum for the yth WCF which was held in Sydney in May 2013.
I appreciated the Liberal Party Whip arranging with the Labor Party for me to be granted a "pair" to attend the Congress.
Attending the yth WCF provided me with the opportunity to hear and network with world class presenters and leaders who have a keen interest in strengthening the natural family as the fundamental unit of civilized society.
1 Dr Carson has held various leadership roles in organisations focused on the needs and issues surrounding families, including being appointed by President Reagan to serve on the National Commission on children, often referred to as "The Rockefeller Commission". He played a key role in crafting its final report in 1991 entitled "Beyond Rhetoric". 2 Betty Friedan, author of The Feminine Mystique was an avowed Marxist, and strongly supported the anti family ideology of Marx and Engels. Hostility towards marriage and natural family was a consistent theme in the second wave feminism.
2 Range of Speakers:
Among the over 100 world class presenters were the Hon John Anderson, former Deputy Prime Minister of Australia; Dr Miriam Grossman, a practicing physician, author and media commentator from the USA; Prof Ian Harper, one of Australia's best known economists; Theresa Okafor originally from Nigeria but now a PhD Researcher at the University of Nottingham, who has also served as her nations delegate to various UN Commissions; Ian Grant from New Zealand, renowned for founding The Parenting Place, which now employs over 70 people to provide parenting services to the community; Peter Meurs from FMG in Perth; Miranda Devine, Columnist and Writer, among others. Presenters were also present from Russia, the Pacific Islands, Germany, South Africa, PNG and elsewhere.
Range of Topics Covered:
To cater for the range of topics and interests represented by the speakers and the attendees, the conference was divided into plenary sessions and concurrent sessions. For concurrent sessions, the attendees needed to choose from 4 or more options.
The attached program shows the range of subjects covered.
Highlights of the Conference:
Keynote Address 1 Holistic Vision of the Family
Bishop Peter Elliott, Auxiliary Bishop in Melbourne
• The home is where a person is groomed to take their place in society. Empirical data shows that good relationships in the family help to shape us to be social persons.
• A person has the innate capacity to love, and in the healthy family this is experienced and modeled.
• The natural family is the natural organizational source of all of society.
• The individual is NOT the basic unit of society - it is the family. The family is the living cell of society, not the individual. The family is the most resilient unit, which is also why we should foster family businesses.
• Individuals do have rights, but so does the family - we should champion a charter of rights of the family.
• We need Family politics in our nations!
3 Keynote Address 2 The Healthy Economy - Growth with a Purpose Prof Ian Harper
Some key points:
The word economics has its roots in the Greek word oikos, meaning household. Economics is about household management. Because a household makes many choices, which are not all based on economic reasons, it is foolish to try and reduce life and government to purely economic parameters. Love determines many things in a household, far more so than economic reasons.
Prof Harper mentioned that in economics the basic focus used to be the household which was seen as the basic unit, but that began to change in the 1960s (Prof Gary Becker) with a move to a focus on the individual.
There is a significant interaction between the family and the market. Healthy families instill values into their children, which makes them more able to participate in communal activities, including work, for instance values taught in home include knowing right from wrong, delayed gratification, importance of honesty. These values are rewarded in commercial life. Indeed trust is essential in commerce.
Prof Harper highlighted that governments and economists must not lose sight of the fact that the economy is there to serve families, NOT families to serve the economy.
Markets also affect families: if markets perform well, it allows families to have better education, houses, food etc - leading to greater prosperity for families.
Keynote Address 3 The First School: How and Where the Two-Parent Family Gives Children an Educational Advantage. Brad Wilcox
In this presentation we were provided with various data from social science research which clearly demonstrated that of all the different ways that children can be brought up, the best outcomes educationally (as well as others such as mental health, earning capacity, stability of their own adult relationships etc).
4 On the last day of the World Congress of Families in Sydney last week the delegates made the following declaration. Approximately 600 delegates from between 30·40 nations attended the Congress.
'-'-,
WORLD CONGRESS OF FAIFJULIES Declaration of World Congress of Families VII SYDNEY 2013
Australian Technology Park, Redfern, Sydney
May 18, 2013
We, the delegates of the World Congress of Families VII, assembled in Sydney Australia, this 18 May 2013 affirm that the sustained prosperity and happiness of nations rests on the foundation of strong natural families.
The 1948 Universal Declaration of Human Rights, signed by every nation on earth, states that "men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family ... The family is the natural and fundamental group unit of society and is entitled to protection by society and the State." (Article 16.1, 16.3)
In agreement with earlier World Congresses and with the Universal Declaration of Human Rights, we hold that the natural family is the basic unit on which human societies are built and is the best environment for the moral, social and emotional development of children.
The natural family is the most efficient way of nurturing and educating children, of looking after the health and welfare of its members, of creating a vital domestic economy, of building cohesive communities, and of extending a compassionate hand to individuals and households, whatever their situation.
We affirm that the productive economy is sustained by strong families, which reliably shape the virtues needed for healthy economic exchange. Social and economic research ovelWhelmingly demonstrates that children born into stable loving homes have the best prospects for growing into healthy, intelligent, creative and morally grounded adults. On average, they become the most productive and engaged citizens and are the least likely to become dependent on the welfare state.
Accordingly, we declare that a family-centred economy requires the following basic framework:
• The economy should serve the family rather than the family being a servant of the economic system and the state.
5 • A strong domestic, household economy is a true measure of a healthy society and the basis of a robust economy;
• Economic policies should enable families to hold productive property and to be independent of the welfare state.
• Employers and governments need to respect the needs of natural families in their wage and labour policies.
• Market policies should support and encourage entrepreneurial innovation, ensure low barriers of entry into small business, and guard against excessive concentration of economic power and financial instability.
• Family-owned businesses should be encouraged as part of a market economy.
Gross Domestic Product must be defined to include the economic value of unpaid work done in the home and the community by families, so that sOciety can recognize the contribution of this form of labor.
Governments must pursue policies of affordable housing, particularly for young first home buyers.
From these principles, we also affirm:
• Marriage is being the union of one man and one woman, voluntary entered into for life;
• The protection of human life from conception to natural death;
• The right of children to be raised by their biological parents, wherever possible;
• That the root causes of hunger, poverty and environmental decay are the breakdown of the natural family and political and economic failures, not human "overpopulation";
• That the real demographic dangers of the 21st century are ageing and declining populations: the world needs more, not fewer, children;
• That the great opportunities for family friendly commerce, communication and education on the internet must be made safe from the destructive impacts of pornography and other harmful content at the national and international levels.
• The concept of the family wage: wages, salary levels and taxation policy should reinforce natural family bonds; and
• That the natural family is the surest guide for the economic and healthy development of all peoples, including the indigenous communities of Australia, New Zealand and the Pacific.
This Congress appeals to policy makers, community leaders, the media and people everywhere to recognize that overwhelming research based evidence demonstrates the importance of marriage and families to our society.
6 Conclusion:
My time at the WCF was very valuable and helped sharpen my understanding of the key issues that need to be kept to the fore in politics and legislation, if we are to foster stronger families. It also gave me a much better understanding of the tactics employed by those opposed to the natural family being strengthened and maintained as the basic unit of society. The many people I met, and networked with, will prove very useful for the future as well.
7 Hon Martin Aldridge MLC Mnrnller 101 i\grir.ullllmi 11r.!Jioll
Mr Peter Conran Director General Department of Premier and Cabinet Locked Bag 3001 WEST PERTH WA 6872
6 December 2013
IMPREST TRAVEL - CANBERRA (30 May - 2 June 2013)
In May/June this year, I received $3444.61 from Imprest to enable me to travel to Canberra during the period Thursday, 31 May to Sunday, 2 June 2013.
The purpose of my trip was to attend The Nationals Federal Council meeting. This conference draws together The Nationals' Federal and State Parliamentary Members as well as the organisational leadership from across Australia. This meeting atso incorporated several associated functions.
I altach a detailed Itinerary of my trip to Canberra.
This travel related to parliamentary and electorate business and was of benefit to myself and my electorate. This travel was pre-approved by the Department of Premier and Cabinet prior to travel.
Yours sincerely
HON MARTIN ALDRtDGE MLC Member for the Agricultural Region
Levell, 8 Parliament Place. VIest Perth VIA 6005 E: marlln .• [email protected],gov,au Ph: (08) 9324 3t55 Fax: (08) 9324 3166 Fro".II: 1800336905 DETAILED ITINERARY for HON MARTIN ALDRIDGE MlC Federal Council 2013, Canberra 30 May - 2 June 2013 Car Hire: Hughes Limousines (ph: 08 9365 9777) Pick up addross: 16 Kimberley Way, Parkwood Drop off address: Perth Domestic Airport Date: Thursday, 30 May Time: 2:45pm Pax: 1 (Transfer sedan) Ref no: 10187439
Flights: Departure Departure Date Oeparture Flights Class Arrival Arrival From Time Time Perth Thursday, 30 May 4:25pm QF 0718 Business Canberra 10.15pm Inon· rcruml~hl(!) Car Hire: Hughes Limousines Pick up address: Canberra Airport Drop off address: Bentley Suites (via Realm Hotel) Date: Thursday, 30 May Time: 10:15pm Pax: 3 (Tarago) Ref no: 30178797
Accommodation: late Check-in (via R_~i£lml: 30 May 2013 Check-QJ.L\: 2 June (3 nights) Reservation confirmation no: 96384 2 Bedroom suite (1 bedroom -1 queen, 2" bedroom - 2 singles, lsofa bed In lounge (4 pax max).
Bentley Suites enr CanberrJ Ave & Dominion Cct Forresl ACT 2603 Heservations : (02 )6124 0000 Emaii- [email protected]
Federal Council: Friday, 31 May lpm Young Nats Meeting 6pm -8pm Members & Senators Welcome Reception, Hotel Realm
Saturday, 1 June 7am - 8:30am Federal Council Breakfast, Hosted by Young Nats, Hotel Realm 9am-Spm Federal Council Meeting, Hotel Realm 7pm -12am Gala Dinner, The Federal Golf Course, Red Hill
Sunday, 2 June "Federal Council Meeting cancelled"
c:\documents\vanessa\trlps Imprest\federal council 2013\detalled itinerary ma fed councll.docx Car Hire: Hughes limousines Pick up address: Oentley SUites, Canberra, Drop off address: Canberra Domestic Airport Date: Sunday, 2 June Time: 8:30am Pax: 3 (Tarago) Ref no: 30178798
Flights: Departure Departure Date Departure Flights Class Arrival Arrival from Time Time Canberra SlindaYI 2 June 9:55am QF0704 Business Sydney 10:45301 (Non. refundilhle) Sydney .. 12:50pm QF0577 Business Perth 'Ipm {Non- IcfundableJ
Car Hire: Hughes limousines Pick Up address: Perth Domestic Airport Drop off address: 16 Kimberley Way, Parkwood Date; Sunday, 2 June Time:4pm Pax: 1 (transfer sedan) Ref no: 187441
c:\documents\vanessa\trlp, Imprest\federal councll2013\detalled Itinerary rna fed council.docx Vi nee Catania MLA fvislliiJer for North West Ceniral
The Director General Department of Premier and Cabinet Locked Bag 3001 WEST PERTH WA 6872
Imprest Report
Earlier this year I received $4407.08 from the Imprest System for Members of Parliament Travel to enable me to travel to Canberra during the period Friday 31 st May 2013 to Saturday 1st June 2013.
The purpose of my trip was to attend the Nationals Federal Council meeting which also incorporated several associated functions.
I had the opportunity to meet with my colleagues from around the country and discuss a wide variety of issues.
I have previously submitted a brief outline of the agenda in my letter to the Premier dated 10th July 2013.
This travel was related to my parliamentary and electorate duties and of benefit to myself and my electorate.
Yours sincerely
Vincent Catania MLA Member for North West Central 8th November 2013
Shop 14, Carnarvon Central, PO Box 1000 Carnarvon WA 6701 [email protected] Ph: (08) 9941 2999 Fax: (08) 9941 2666 Freecall: 1800 627 668 The Direcrol' General Department of Premier and Cabinet Locked Bag 3001 WEST PERTH WA 6872
Imprest Report
Earlier this year I received $3717.84 from the Imprest System for Members of Parliament Travel to enable me to travel to Canberra during the period Friday 31 st May to Sunday the 2nd June 2013.
The purpose of the trip was to attend the Nationals Federal Council meeting along with several associated functions. I had the opportunity to discLiss a wide variety of issues with my colleagues from around the country. I have previously sLipplied a copy of the conference itinerary in a letter to the Premier, dated April 26 2013.
This travel was related to, and of benefit, to my parliamentalY and electorate duties.
Yours sincerely,
(~~wL}ll HaN BRENDaN GRYLLS MLA MEMBER FOR PILBARA
31 st October 2013 !:.l Government of Western Australia j ;'.. ..k, . Department of the Premier and Cabinet U~cd~_",---,--:c;..-c-;.o-,-,,_
IMPREST TRAVEL REPORT
Members are to provide a report to the Director General, Department of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of . the trip. The Depatiment of the Premier and Cabinet collates and coordinates the tabling of the reports in Parliament on a quarterly basis.
The report below should be cleat·, concise and focus on the benefits of your trip to your constituents and/or parliamentary processes, the Western Australian community and/or the State of Western Australia. Please do not attach PowerPoint presentations, research repOlis or reports otherwise available to the Pat·liatnent.
·NAMEOP,· Mia Davies MLA, Member for Central Wheatbelt MEMBER:,·' , ... ' , DESTINAnDN/S:. CanbelTa, ACT
DATE OF· " - Friday 31 May 2013 to Sunday 2 June 2013 TRAVEL: • PURPOSE OF TRIP: To attend The Nationals' Federal Council 2013, held on 31 May and 1 June 2013 in Canberra.
BENEFITS DERIVED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: The Council provides an opportunity for delegates to raise issues relevant to their constituency with key Federal Senators and MPs, and representatives from other States.
Delegates debated various issues such as the recommendations from the Senate Economics References Committee inquiry into the post-GFC banking sector, the cost and allocation of renewable energy certificates, tax deductibility for childcare, the spread of noxious weeds which threatens Australia's agricultural productivity and the 2012-13 cuts to the "Better Access to Mental Health Care" program.
In addition the Hon Tony Abbott MP addressed Council delegates at a dinner. (~;Jl!l'< Government of Western Australia •... 1.. ~ .... n Department of the Premier and Cabinet Jj,,~-.J.,
PARLIAMENTARY TRAVEL REPORT FORM
Members are to provide a report to the Director General, Department of the Premier and Cabinet on the cost, purpose and benefits of all overseas trips within two months of the completion of the trip. The Department of the Premier and Cabinet collates and coordinates the tabling of the reports in Parliament on a quarterly basis.
The report below should be clear, concise and focus on the benefits of your trip to your constituents and/or parliamentary processes, the Western Australian community and/or the State of Western Australia. Please do not attach PowerPoint presentations, research repOlts or repOlts otherwise available to the Parliament.
. "NAME OF - . MEMBER:' - . Hon Paul Brown MLC DESTINATION/S: .' Canberra DATE OF c.-: .' . Friday 31 May 2013 to Sunday 2 June 2013 ·TRAVEL':··.·.··.· PURPOSE OF TRIP: Attend the Federal Conference of the National Party of Australia.
BENEFITS DERIVED FROM THE TRIP FOR THE STATE OF WESTERN AUSTRALIA: The Federal Conference provided me with a number of opportunities to raise issues and seek advice from key federal Members of Parliament and other state government Members of Parliament from around the country. As a new Member of Parliament I found the experience and opportunity invaluable in establishing networks and seeking mentorship. There were a number of topics up for discussion that are very relevant to my constituency and therefore of value to the State of Western Australia in my representation of my electorate. These topics included but are not limited to:
0 Recommendations from the Senate Economics References Committee inquiry into the post-GFC banking sector. 0 The cost and allocation of renewable energy celtificates • Tax deductibility for childcare • The spread of noxious weeds which threatens Australia's agricultural productivity • 2012·13 cuts to the "Better Access to Mental Health Care" program. Mick Murray MLA Member for COLLIE-PRESTON Shadow Minister for Racing and Gaming
Written report - Cost, Purpose and Benefit of Imprest Travel Mick Murray MLA, Member for Collie-Preston Racing and Gaming Shadow Portfolio Business, Sydney'
2 June 2013 - 5 June 2013
Sunday: 2June 2013
Travel Departed Perth for Sydney at 10.10am (QF642) Arrived Sydney at 4.15pm Accommodation at Mantra on Kent, Sydney Central Business District
Monday: 3 June 2013
Met with Josh Landis, Executive Manager, Policy and Government from Clubs Australia.
Discussions about Tabcorp's simultaneous keno systems in NSW, Qld and Vic venues and problem gambling initiatives undertaken by Clubs Australia.
Finding:
Keno viewed as a social game with low or "soft" potential to cause harm. Tabcorp has a Responsible Gaming Code of Practice as well as strong staff training in responsible gambling. Clubs NSW follow these principles and have rules for their member clubs to display commitment to responsible gambling including, displaying odds for winnings and signage about responsible gambling and help agencies.
Tuesday: 4 June 2013
Visited numerous clubs in central Sydney, all part of Clubs New South Wales and inspected keno gaming operations, including City Tattersalls Club and Rugby Club. Inspected displays and information available to promote responsible gambling and direct problem gamblers to help lines.
Finding:
Clubs seem to comply with responsible gambling guidelines with prominent displays at many locations throughout venues. Keno seems to operate quite independently' from monitors displaying sports and racing totes. Most keno players had a couple of games over lunch or a quick drink, they did not seem to be sitting absorbed by keno results display. Gaming staff confirmed that most players only played for a few rounds whilst in the venue, some would fill out longer playing cards such as 10 games but would not wait around for results but check ticket for possible winnings at next visit to the venue.
Wednesday: 5 June 2013
Met with Bettina Brown, Course Manager from the Australian Turf Club Limited at Royal Randwick Racecourse. Overview of extensive renovations at Randwick including upgrades to facilities like grandstands, hospitality areas, entry statements and disabled access.
Finding:
Racing WA needs to develop a similar model of operation that attracts patrons on race days irrespective of whether they are feature race days or carnival days. Patronage on special event days at WA venues reaches acceptable turnover levels, however remodelling of facilities to make attendance an "all inclusive day" would help attendance figures on race days that are not feature events.
Wednesday: 5 June 2013
Travel Sydney to Perth (QF571), departing 5.30pm arriving Perth 8.40pm.
Total cost of imprest claim is $1335.69 ($585.69 airfares and $750 daily travel allowance) Hon Martin Aldridge MLC MHllliJnr fill' AnriGIIllnral i1r.gillll
Mr Peter Conran Director General Department of Premier and Cabinet Locked Bag 3001 WEST PERTH WA 6872
5 December 2013
IMPREST TRAVEL- BATHURST (14 -16 June 2013)
In June this year, I received $3187.69 from Imprest to enable me to travel to Bathurst, NSW during the period Friday, 14 June to Sunday, 16 June 2013.
The purpose of my trip was to attend the NSW Nationals 2013 Annual General Conference. The main business of the conference was to discuss and debate various policies of State and National significance.
This opportunity allowed me to further develop relationships with my State and Federal parliamentary colleagues. I also met with the Parliamentary Leader of The NSW Nationals, the Hon Andrew Stoner MP and the Parliamentary Leader of The Nationals, the Hon Warren Truss MP as weli as other members of the Parliamentary National Party of NSW.
I attach a detailed itinerary of my trip to this conference in Bathurst, NSW.
This travel related to parliamentary and electorate business and of benefil to myself and my electorate. This travel was pre-approved by the Department of Premier and Cabinet prior to travel.
Yours sincerely
HON MARTIN ALDRIDGE MLC Member for the Agricultural Region
Levell, 8 Parllamont Plac., Wesl Perth I'IA 6005 E: [email protected] Ph: (08)9324 3155 Fax: (08)9324 3166 Froeoall: 1800336905 DETAILED ITINERARY for MARTIN ALDRIDGE NSW Nationals Annual General Conference - Bathurst 14 - 16 June 2013 HUGHES CAR WITH DRIVER Forward Journey Pick-lip date/time: Friday, 14 June, 6:15am 16 Kimberley Way PARKWOOD WA 6147 To: Qantas Domestic Te(minal (QF 0576) 800ldng Ref No: 193595 Qantas: Perth Sydney Flights Reservation Code: HZNCYS ((WT) 3TUJM (Qantas) Departure Departure Departure Fllght/s Class Arrival Arrival Time From Date Time Perth friday, 08:05 QF0576 Business Sydney 2:10pm 14 JlIne REX '-Connecting Bathurst Flight llool(ing Ref: lSZPG Sydney Friday. 3:45pm Zl628 Bathurst 4:35pm 14 June Accomrllodation: Check-in: Friday, 14 JUlle 2013 (after 2pm) Check-out: Slinday, 16 JUlle 2013 (before lOam) (2 nights) Heservatlon 110: 65003 Quality Hotel ~athllrst, 344 Stewart St BMhllrst NSW 2795 - ph (02) 6332 1800 COIlI/nellto/Breok/ast provided doily
Conference details: Sunday, 15 June 2013
0900 Motions 1030 2013 Federal Election - Candidate Presentation 1035 Federal Leader's Address Han Warren Truss MP Introduction - Senotor Barnaby Joyce Vote 0/ Tllanks - Han Jolin Cobb MP 1120 Motions 1230 Lunch 1330 Young Nationals Chairman's Address - Ms Felicity Walker 1345 Motions 1700 Close
1900 for 1930 Annual Conference Dinner - Guest Speaker - Hon Dr Brendan Nelson
REX --Departure Bathurst Flight
Departure Departlll'c Departure Flight/s Class Arrival Arrival Time From Date Time Bathurst Sunday, 4:55pm 2[629 Sydney 5:45pm 16 June
c:\documents\vanessa\trips Imprest\bathurst 2013\bathurst trip - detailed Itinerary ma.docx QANTAS - Sydney Perth Flight
Departure Departure Departure Fllght/s Class Arrival Arrival Time From Date Tlmo Sydney Sunday, 7:25pni QF 0583 Business Perth 1O:35pm 16 JUlle
HUGHES CAR WITH DRIVER
Return Journey Pick-up date/time: Sunday, 16 June, 10:35pm Qantas Domestic Terminal (QF 0583) To: 16 Kimberley Way PARKWOOD WA 6147 Booking Ref No: 193597
c:\documents\vanessa\trlps imprest\bathurst 2013\bathurst trip - detailed itinerary ma.docx HON NICK GOIRAN MLC
l-,.... MEMBER FOR THE SOUTH METROPOLITAN REGION
REPORT ON The 13th Annual Pan Europe Pacific Conference
Being:
An International legal conference organised by Continuing Professional Education
1- 8 April 2013
Paris, France INDEX
1. Introduction Page 3
2. Summary on Keynote Speakers and Topics
2.1 Class actions and other insurance myths Page 6
2.2 Property Settlements and Trusts in Family Law Page 7
2.3 The work of the Healthcare Complaints Commission Page 8 of New South Wales
2.4 The anti-corruption work of the DECD Page 9
2.5 History and Risk Factors of Caesareans Page 12
2.6 The Changing Mental Health Legislation in Victoria Page 13 and the Expected Issues for Doctors and Lawyers
2.7 The Signs and Signals of Depression in Clients Page 15 What Practicing Lawyers need to be looking for
2.8 The interference by Governments and their Authorities Page 16 with Individuals' property rights and the protection given by the courts
2.9 Five things that may shock you about French Law Page 18
2.10 Leadership in Healthcare and Financial Responsibility Page 20
2.11 Medical Manslaughter - the reasons for decision of Page 21 The High Court in the case of Dr Patel (Surgeon) and Dr Pegios (Dentist)
3. Conclusion
2 INTRODUCTION
This is the report of my attendance at the 13th Annual Pan Europe Pacific Legal Conference ("the
Conference") which took place from 1 April 2013 to 8 April 2013 in Paris, France.
The Conference was organised by Continuing Professional Education Pty Ltd. It was held in
conference rooms at the Hotel California and Hotel Royal Saint Honore.
I was asked to present on the topic "The role of Parliament in protecting freedom of speech". The
'presentation was based on my soon to be published journal article, "The role of parliament in
protecting free speech: four different case studies" in the Western Australian Jurist.
The keynote speakers for the Conference covered a range of areas. In particular the areas covered were:
1. Medicine and the law; 2. Professional misconduct; 3. Mental Health; 4. Family law; and 5. Fighting Corruption and Bribery Internationally
My report seeks to provide a summary to Parliament of the topics discussed by the keynote speakers at the Conference.
Han Nick Goiran MLC Member for the South Metropolitan Region
3 KEYNOTE 1.,. The Role of Parliament in Protecting Free Speech
Presented by: Hon Nick Goiran MLC
Hon Nick Goiran MLC is a Member of the Legislative Council representing the South Metropolitan
Region in the current Western Australian Parliament.
Prior to entering Parliament, Nick was a barrister and solicitor in private practice.
About the presentation
My presentation was based on the pending published journal article, "The role of Parliament in protecting free speech: four different case studies" in the Western Australian Jurist.
The article discusses the vexed issue of freedom of speech. It explores whether Parliament can
have a meaningful role in protecting this freedom. The paper particularly focuses on the role of
Australian State parliaments in protecting free speech and in limiting it when considered justified
by other public interests.
The presentation focused on evaluating the protection and limitations of free speech in reference to four different case studies:
• shield laws for journalists;
• the sexualisation of children;
• hate-speech laws and;
• parliamentary privilege.
It was concluded that freedom of speech is a significant component of a democratic polity and that democratically elected Parliaments nonetheless have an obligation to pass laws, on occasion, which limit freedom of speech. Such laws should be few and should be enacted judiciously.
It was further concluded that as parliamentarians enjoy the special immunities bestowed on them by parliamentary privilege, they need to respect the purpose for which such immunity is
4 given and use it responsibly. Otherwise they will be faced with understandable calls to limit the scope of their parliamentary privilege.
5 KEYNOTE 2 - Class actions and other insurance myths
Presented by: Geoff Lazar, Solicitor and Senior Claims Counsel at Liberty Underwriters
About the presentation
The presenter tested some of the 'myths' surrounding insurers. Primarily that insurer's: • Delay claims • Deliberately run up costs • Are akin to charity • Have limitless funds • Rely on fine print to wriggle out of claims
A number of reasons, statistics and substantiated evidence were provided for why these claims and oft purported 'myths' are not in fact true. Australian are chronic under / non insurers.
The presenter then went on to debunk the 'myths' that Class Actions:
• Protect the little guy • Let peopletake action they would not be able to do themselves • Are about justice, not money
o 'Keep the bastards honest'
o Improve corporate governance
o Help keep the markets stable.
A short history on Class actions was presented and an evaluation of who actually benefits. It was suggested that in most cases it is the litigation funders and lawyers who benefit, rather than the claimants. Some recent cases that are said to demonstrate this are:
• Telstra Class Action
o Hall and Poolman
6 KEYNOTE 3 - Property Settlements and Trusts in Family law
Presented by: Deano Simonidis. Solicitor and Accredited Family law Specialist at Simshoe lawyers.
About the presentation
The critical deciding issue for the family court in regard to the assets of the trust is 'who' has control of the trust. A trust can be used as a tax effective strategy - established for the protection of assets but it was also noted that cases involving trusts are difficult to settle and usually result in a "winner takes ali' outcome.
In addition, the following cases were considered in greater detail:
1. Kennan and Spry (2008);
2. Harris v Harris (2011);
3. Morton v Morton (2012)
The presenter concluded that a court will also take conduct and intent into account, when it comes to making a decision regarding the allocation of trust assets.
7 KEYNOTE 4 - The work of the Healthcare Complaints Commission (NSW)
Presented by: Mrs Sarah Connors. Solicitor and Senior Legal Officer with the Health Care Complaints Commission of New South Wales.
About the presentation:
This presentation was an examination of the role of the Health Care Complaints Commission (HCCC) in prosecuting disciplinary complaints against registered health professionals in New South Wales in the various health tribunals.
The presentation also addressed the recent changes with the introduction of the national scheme for registration of health professionals. The Health Practitioner Regulation National law Bill was a Rudd Government initiative giving effect to an agreement made through the Council of Australian Governments to create a single, national accreditation and registration scheme for certain health professionals.
The New South Wales HCCC was set up in response to the Chelmsford Hospital Scandal. This was a private hospital which conducted 'Deep Sleep' therapy in the 1970's in which some patients died. The investigation was found to be handled inefficiently and not expeditiously by authorities.
Although sometimes viewed as 'political' and 'anti doctor', the aim of the HCCC is to protect public health and safety by investigating complaints.
The Commission is an independent body that was established under the Health Care Complaints Act 1993 (NSW). The Act defines the scope of the Commission's work, which is to:
• Receive and assess complaints relating to health service providers in NSW. • Resolve or assist in the resolution of complaints. • Investigate serious complaints that raise questions of public health and safety. • Prosecute serious complaints.
8 KEYNOTE 5 - The anti-corruption work of the OECD
Presented by: Mary Crane-Charef, Policy Analyst, Anti-Corruption Division OECD
About the presentation
This presentation demonstrated the anti-corruption work of the OECD, in particular its fight against foreign bribery. Foreign bribery is a complex crime and is defined by the offer, promise or giving of a bribe to a foreign official in order to win an advantage in a foreign business transaction.
Foreign bribery distorts markets, undermines good governance and has intangible negative effects, particularly impacting the world's poorest and most vulnerable.
Challenges in fighting foreign bribery:
• It is a concealed and very complex crime that can be difficult to detect;
• It requires a lot of resources, time and political will to fight but it is a matter of national
interest;
• Law enforcement agencies can be reluctant or also amenable to bribery;
• Requires very specialised resources;
• Requires international cooperation.
40 Countries have signed the OECD Anti-Bribery Convention (which first came into force in 1999).
Australia and 33 fellow OECD countries have Signed together with 6 non-OECD countries.
The full list is as follows: Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile,
Colombia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand,
Norway, Poland, Portugal, Russia, Slovak Republic, Slovenia, South Africa, Spain, Sweden,
Switzerland, Turkey, United Kingdom and the United States.
Together the 40 Working Group on Bribery Members account for nearly 80 per cent of World exports, and 90 per cent of global outward flows of foreign direct investment.
9 The Anti-Bribery Convention is the only legally binding instrument globally, that focuses on the
supply of bribes to foreign public officials. By joining the Convention, countries agree to criminalise foreign bribery. This legislative implementation is titled Phase 1. Phase 2 involves
legislative arid practical implementation, this is where the 'rubber hits the road' so to speak.
Phase 3 evaluates enforcement and the horizontal challenges that come with enforcement.
Phase 2 and 3 involve a peer review process, by the Working Group on Bribery and includes on - site visits and meetings with the private sector.
Australia received its Phase 3 evaluation in October 2012, and it did not fare terribly well. Enforcement was found to be extremely low. Out of 28 referrals in 13 years - only 1 case had led to a prosecution; 21 cases were concluded without charge.
The main recommendations from the Working Group on Bribery were:
• Ensure that foreign bribery allegations are not prematurely closed;
• Be more proactive in gathering information from diverse sources at the pre-investigative stage.
The OECD Working Group on Bribery will continue the fight against foreign bribery through:
• Continued enforcement (Phase 3: 2010 - 2014);
• Ongoing International engagement (regional initiatives and technical assistance);
• Co-operation with partners, civil society, the private sector and legal profession.
The Anti- corruption strategy for the Legal Profession;
• Focuses on the role lawyers play in international corruption;
• How international instruments and extraterritorial legislation apply to legal practice and;
• Methods to manage the risks of corruption in order to meet the demands and
requirements of clients.
10 Results from a 2010 survey:
• Nearly half of the 642 lawyers in 95 jurisdictions around the world surveyed, said
corruption was a problem in their locale;
• 40% had never heard of international anti-corruption instruments' like UNCAC (United
Nations Convention Against Corruption), and the OECD Anti-Bribery Convention.
So although the OECD Working Group on Bribery has made many great strides in fighting foreign
bribery, there is still a lot of ongoing work that needs to be done.
11 KEYNOTE 6 - History and Risk Factors of Caesareans
Presented by: Dr Charles McCusker, HOD Obstetrics and Gynaecology and Executive Clinical Director at Fairfield Hospital NSW, Associate Professor of the School of Medicine, University of Western Sydney.
About the Presentation
This session considered the history of Caesarean sections. This medical procedure has its origins in the increased value of a human being. The second king of Rome succeeding Romulus, Numa
Pompilis (715 - 673 BC) ruled that the practice of burying a woman with a foetus in her uterus was forbidden.
In Australia the maternal mortality rate as a result of a Caesarean is: 1 in 10000.
In the presenter's opinion: there is a great likelihood that the mortality rate we currently see associated with Caesarean sections is the lowest it will ever be. He is predicting that increasing rates of obesity and increasing incidences of multiple caesareans will in all likelihood increase maternal mortality rates.
Changes to cultural thinking and medico legal implications means that it is now permissible for a woman to ask for a Caesarean section.
The presenter concluded that unusual events attract disproportionate attention and are consequently perceived as less than unusual. These events gain media traction which will then have an impact on people's fears and expectations.
12 KEYNOTE 7 - The Changing Mental Health Legislation in Victoria and the Expected Issues for Doctors and Lawyers
Presented by: Dr Rick Yeatman, Psychiatrist at Melbourne Health, Victoria.
About the Presentation
Psychiatry is an area of medicine that cuts across cultural, societal expectations and the law.
Recovery principles encompass the principles of self-determination and individualised treatment and care.
In 2012 the Victorian Government re-wrote their mental health legislation.
The key reform objectives of the new Act:
• Minimise the duration of compulsory (involuntary) treatment.
• To improve safeguards to protect the dignity and rights of people with mental illness. This is to be achieved by i) the establishment of a new independent tribunal, ii) to
broaden the definition and monitoring of restrictive practices in hospitals.
• To establish a 'recovery oriented' framework and embed supported decision making. A
presumption of capacity is fundamental to this model.
These objectives will be achieved by legislation that will enable a:
• Person to make an 'Advance Statement' to record their treatment preferences - should
they require compulsory treatment;
• Patient to appoint a nominated person who will be required to receive information
during a period of care and who will be able to convey the patient's wishes.
13 Possible difficulties lie with: • The flexibility and responsiveness of the Tribunal that makes the treatment orders. • How 'restrictive practices' are defined - i.e physical restraint as opposed to mechanical restraint. • Advanced Statements - how will they be determined to be valid? (i.e. did the person have 'capacity' when making one). How will it be determined when an Advance Directive can be over-ridden? Will an Advance Statement have a time limit? • A nominated person must be involved in treatment decisions. What extent of involvement will be required? What education will be provided to this person before they agree to the role? • . Competing psychiatric opinions.
14 KEYNOTE 8 - The Signs and Signals of Depression in Clients - What Practising Lawyers need to be looking for
Presented by: Mr Steve Sumner, Attorney-at-Law, South Carolina USA.
About the presentation
The presenter experienced a very tragic incident whereby a client committed suicide. This incident resulted in a lot of ruminating over "what went wrong?" and had the presenter asking himself "how did I not see the signs?"
The symptoms or indications of deep depression include:
• Exhibiting extreme sadness or unhappiness.
• Extreme irritability or frustration.
• Insomnia or excessive sleep.
• Extreme agitation or restlessness.
• Irritability or angry outbursts.
• Indecisiveness.
• Feelings of worthlessness or guilt, fixation on past failures.
• Difficulty in concentrating, making decisions, remembering things.
• Mention of death, suicide.
South Carolina Bar, Rules of Professional Conduct state: Rule 1.14 Client with Diminished Capacity:(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and connot adequately act in the client's own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator ar guardian.
15 KEYNOTE 9 - Interference by Governments and their Authorities with Individuals' private property rights and the protection given by the courts
Presented by Mr Alan Hyam, Barrister at Law and Property Law Specialist
About the presentation
Governments for many years have interfered with private property rights directly and indirectly through legislation passed by the Parliaments of the Commonwealth, States and Territories, and delegated legislation. This has never been more evident than at the present time with legislation recently passed by the Commonwealth Parliament concerning the taxation of emissions of carbon dioxides, the installation of the broadband network, and the entry onto private property by private companies and persons for the purpose of mining, coal seam and natural gas extraction, and mining exploration.
The purpose of this presentation was to alert property professionals on how to advise their clients regarding their rights when their private property rights are interfered with by actions on the part of the arms of governments or legislative provisions.
Three principles were presented on this topic:
• The protection of private property rights from interference by others, including governments, has been enshrined in our Common Law for 800 years since the Magna Carta, and before that under Saxon Law.
• Should a person's property rights be interfered with, or taken away, by any action of government in the public interest, the public should be prepared to pay compensation to the owner of the property rights for their interference or taking away.
• Should a person's property rights be taken away or interfered with by another private person, under legislation or otherwise, that person must be prepared to pay the owner of the property rights compensation for the taking away or interference.
The following cases were considered in light of these principles:
• Chang v Laidley Shire Council (2007)
• Haig v Minister Administering the National Parks and Wildlife Act 1974 (1994)
16 • Coco v The Queen (1994)
• Bropho v Western Australia (1990)
• R & R Fazzolari Pty Ltd v Parramatta City Council (2009)
• Ostroco PlY Ltd v Chief Executive, Department ofTransport and Main Roads QLD (2012)
• Newcrest Mining (WA) Pty Ltd v The Commonwealth (1997)
• Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd (2011)
It was concluded that there is a presumption against interference and that parliament must use clear words to the contrary. It was nevertheless noted that this is a rebuttable presumption.
17 KEYNOTE 10 - Five things that may shock you about French Law
Presented by: Ms Diana Bowman, LLB White and Case, Paris.
About the presentation
Being an Australian Lawyer who has recently been admitted to the French Bar and practices law in Paris, the presenter has observed some differences in the culture and expectations of government, clients and lawyers in France.
Independence and Incompatibilities: One of the essential principles of the profession is Article 1 'Reglement Interieur National' which states that the "legal professions is a liberal and independent profession, regardless of the mode of exercise". This results in the development of collective practice and 'collaborators'. Collaboration contracts are tightly controlled by the Conseil de I'ordre de I'advocats. 'The legal profession is incompatible with all commercial activities'. The only roles deemed compatible are: teaching roles, political office, Judge in certain courts, arbitrator, mediator and trustee.
Confidentiality and Privilege rules: A general principle 'Ie secret professionnel' is another of the essential principles of the profession, and also applies to Doctors. Article 2 'Reglement Interieur National' states that the lawyer is the necessary confidant of the client. The 'secret professional' is a rule of public policy (D'ordre public). It is general, absolute and unlimited in time, breach of which can result in 1 year imprisonment and / or a fine of 15 000 Euro. One exception in existence is money-laundering matters.
Advertising and the Principle of Dignity: The principle of dignity governs a lawyer's relationship with the general public. This impacts choice of office location and a lawyer's extra-curricular activities, both of which are expected to be dignified.
18 Article 10 'Reglement Interieur National' states "Advertising is permitted if it is undertaken with the aim of informing the public and if its implementation respects the essential principles of the profession" . The form an'd content of Advertising is strictly controlled: • Certain forms of advertising are banned i.e. Television and radio • Solicitation of clients via a personalized offer of service is not permitted i.e. if you were a lawyer and speaking to someone at a dinner party and then offered your services. • Use of the word 'specialty' or 'specialises' is controlled. • 'Laudative' statements are banned. • Content of plaques and brochures is monitored.
Professional Liability: Lawyers are obliged to refuse cases which fall outside their scope of competence. There is strict liability in case of error. Interestingly in 2008 the limitation period was reduced from 10 years to 5 years.
Role of Judges: There are different types of judges (professional and non-professional). Judges are not afforded . the same level of respect as they are in Australia. In some courts, such as the tribunal du commerce, 60% of matters are appealed.
19 KEYNOTE ll-leadership in Healthcare and Financial Responsibility
Presented by: Dr Charles McCusker, HOD Obstetrics and Gynaecology and Executive Clinical Director at Fairfield Hospital NSW, Associate Professor of the School of Medicine, University of Western Sydney.
About the presentation
The definition of leadership and what makes a good leader are complex. leaders are agents of change. leadership and learning are indispensable - "There go the people, I must follow them for
I am their leader" Alexandre Auguste ledre Rollin.
Some examples of people who have been past leaders in healthcare practice include: • Dr William McBride • Ignaz Phillipp Semmelweis • Joseph lister • Florence Nightingale • Morris Fishbein
The presenter unpacked five different styles of leadership being:
• Autocratic/authoritarian
• Participative/democratic
• laissez-faire or free reign style
• Narcissistic
• Toxic
A discussion unfolded regarding the notions of Quality Assurance vs Continuous Quality
Improvement or in other words: the measured vs measuring against the best.
The speaker noted the following statistics on healthcare spending as a percentage of GDP:
• USA = 16%
• Australia = 9% (with target of 12% by 2020)
• UK = 6%
• India = 1%
20 KEYNOTE 12 - Medical Manslaughter - Dr Patel{surgeon) and Dr Pegios (dentist). The reasons for the decision of the High Court·
Presented by: Lorenzo Boccabella Barrister at Law
About the presentation
It is the opinion of the presenter that we should promote a culture which evaluates the system, rather than blames the individual, when an adverse event occurs.
In the case of Patel, media hysteria was not helpful to a rational discussion. Branding the accused with tags like the "Butcher of Bundaberg" were in fact no way reflective of the truth, as it was not Patel's lack of skill or failure to use reasonable care that resulted in the death of the patients - it was his decision to operate on patients whom were given a very poor prognosis in the first place. In hindsight, conservative medical management and palliative care would have managed the expectations of the patient and family more sufficiently.
The presenter discussed the legal cases, appeals and consequences of both Patel' and Pegios cases, and made comments about the transcripts of both cases.
1 R v Patel, ex parte A-G (Qld), [2011] QCA 81 (21 Apri1201l) and Patel v Queen [2012] HCA 29 (24 Aug 2012) 21 CONCLUSION
This is the report of my attendance at the Pan Europe Pacific Conference which took place from 1
April 2013 to 8 April 2013 in Paris, France organised by Continuing Professional Education.
It was an honour to be invited to speak at the conference on the Role of Parliament in Protecting
Freedom of Speech. This topic is one that has international relevance - as certain minority groups come to the fore, wanting to be heard - there will always be competing rights. I was able to convey the responsibilities that come with freedom of speech and how we need to exercise these responsibilities or risk losing the freedom. Speaking to one of the course attendees; a GP who was incarcerated in Poland for a year for speaking out against the Government of the day, really put a human side to the importance of protecting freedom of speech.
The additional presentations that made up the academic program; and networking with other conference attendees also proved extremely advantageous.
The visit to the DECO was very beneficial on gaining a greater understanding on the international efforts to combat corruption and bribery, in particular the intricacies surrounding "International
Bribery". As chair of the Joint Standing Committee on the Corruption and Crime Commission this presentation and visit to the DECO (Organisation for Economic Co-operation and Development) was a major highlight.
My understanding of the challenges and potential repercussions to changing mental health legislation was also broadened. The Western Australian Minister for Mental Health has expressed a desire to see the Mental Health Act in Western Australia reviewed and amended, so the information gleaned and contacts made during the conference were extremely beneficial.
Developing relationships and networks with key people in areas of health and law reform is one of the unadvertised bonuses of this type of conference. In Western Australia we are isolated by distance, so to have the opportunity to be immersed in an environment where good thinking, robust debate and inspirational ideas are fostered, is a privilege and in my opinion necessary for looking at ways to solve many of the problems we are faced with in our society.
22 As Claude Bernard said "It is what we think we know already that often prevents us from learning." On this occasion I was grateful for the opportunity to teach and be taught.
Hon Nick Goiran MLC Member for the South Metropolitan Region
23 Han Kate Doust MLC Member for South Jvletropolitan Region Deputy Leader of the Opposition in the Legislative Council Shadow Minister for Industrial Relations; Commerce; Small Business; Trade; Electoral Affairs
Mr Peter Conran Director General Deparhnent of Premier and Cabinet 5th Floor Dumas House 2 Havelock Street West Perth WA 6005
Dear Mr Conran
I provide the following information to acquit the Imprest monies paid to me for the purpose of travel to Hong Kong during the period of 16 - 21 May 2013. The amount provided was $6760.96 which covered the cost of both airfares and travel expenses.
My yjsit and meetings related directly to my then portfolios of Shadow Minister for Commerce; Consumer Protection; Small Business; Trade; Electoral Affairs and my electorate of South Metropolitan Region.
The purpose of the travel was so that I could attend the Digital Entertainment Leadership Forum 2013, tour Hong Kong's Science and Technology Parks and have meetings with people from the: • Hong Kong Innovation and Technology Commission • Commerce and Economic Development Bureau of Hong Kong • Constitutional and Mainland Affairs Bureau of Hong Kong, and • Hong Kong Housing Authority.
Digital Entertainment Leadership Forum 2013 The forum featured speakers from the United States, China, Hong Kong and New Zealand, it showcased the work of key individuals who are harnessing IT and driving innovation in digital media content. Of particular interest was the session discussing collaborative content creation using high speed networks (Hong Kong has the fastest Internet broadband in the world with an average peak speed of 55.1 Mbps) and the introduction by the Permanent Secretary for Commerce & Economic Development (Communications & Technology) who discussed the benefits of the Digital Entertainment Industry and how the Government is committed to promoting and facilitating the industry with tl,e dedicated agency Create Hong Kong set in 2009 to lead, champion and drive the development of the creative economy in Hong Kong.
Hong Kong's Science and Technology Parks Hong Kong Science and Technology Parks Corporation is a statutory body set up to enable science and technology companies to nurture ideas, innovate and grow. Their mission is to spur innovation and development in the areas of Biotechnology, Electronics, Green Technology, Information Technology & Telecommunications and Precision Engineering, they also act as an incubator for start-ups; gateway to mainland China; and a launching pad for Chinese companies planning to go global.
399 Albany Highway, Victoria Park Wi". 6'100/ PO Box 577. Victoria Park \filA 6979 Tel: (08) 9470 3511/ Fax: (08) 9470 3577/ Email: [email protected] The Science Park that I visited is on a 22-hectare waterfront site in the New Territories which contains 26 state-of-the-art buildings with a new phase of development planned from 2014. The corporation have created an environment and conditions for innovation that are among the best in the world.
Innovation and Technology Commission The mission of Hong Kong Innovation and Technology Commission is to spearhead Hong Kong's drive to become an innovation-ddven, knowledge-based economy. The Commission funds research activities through Hong Kong Innovation and Technology Fund, which I was particularly interested in. The fund was set up by the Government to support mainly applied research and development projects which contribute to innovation and technology upgrading in industry in Hong Kong.
Commerce and Economic Development Bureau I met with the Commerce, Industry and Tourism Branch of Commerce and Economic Development Bureau. This Branch is responsible for policy matters on Hong Kong's external commercial relations, inward investment promotion, intellectual property protection, industry and business support, tourism, consumer protection and competition. In addition they also oversee the operation of a number of executive arms, including the overseas Hong Kong Economic and Trade Offices. Hong Kong is an important source of foreign investment for Australia, and in particular Western Australia with investment sectors including natural gas, nUning, and, vineyards.
Constitutional and Mainland Affairs Bureau The Constitutional and Mainland Affairs Bureau is responsible for the implementation of the Basic Law. The bureau is the intermediary between the Hong Kong Special Administrative Region Government and the Central People's Government and other mainland authorities under the principles of "One Country, Two Systems". I was briefed on the Legislative Council of Hong Kong and, on Hong Kong's electoral reform by the Govermnent to broaden the scope of political participation and increase the democratic elements in the 2012 elections in line with the Hong Kong Basic Law.
Housing Authority The Hong Kong Housing Authority administers Hong Kong's public housing program. It is also responsible for the management of public rental housing estates, interim hOUSing estates, transit centres, flatted factories and ancillary commercial and non-domestic facilities such as shopping centres, market stalls and carparks. It is also the Government's agent in squatter control, and is responsible for prevention of illegal squatting on unleased and undeveloped Government land and leased agricultural land. Of specific interest were the community programs and the subsidised housing purchase options.
Attached is my final program for my visit along with a copy of my e-ticket itinerruy and receipt. If any further information is required please contact me at my electorate office on 9470 3511.
Yours sincerely
Kate Doust Member for South Metropolitan Region
28 October 2013 RESTRICTED (15 April 2013) Outline Programme for the Visit of Ron Kate Doust, Deputy Leader of the Opposition in the Legislative Council; Shadow Minister for Industrial Relations; Commerce; Small Business; Trade; Electoral Affairs; Member for the South Metropolitan Region, Westeru Australia, Australia (16 - 21 April 2013)
16 April 2013, Tuesday
2210 Arrive in Hong Kong on CX 716 from Singapore
17 April 2013, Wednesday
0900 - 1215 Attendance at "Digital Entertainment Leadership Forum 2013" at Cyberport
Venue: Ocean View Court, Hong Kong Cyberport
Contact person: Ms Carmen CHU (Tel): 9804 3183
Ms Irene LI, Executive Assistant to Mr Mark CLIFT (Tel): (852) 3166 3821
Remarks: After dropping off at Arcade entrance, please go to VIP reception to find Ms Carmen CRU. Carmen will bring you to Cyberport 2 Lobby where Mr CLIFT, Chief Operating Officer will greet you and let you have a quick idea about Cyberport on Lobby 4. After that, Mr Clift will take you to the Forum venue direct.
Map of pick up point of Shuttle Bus at outside Cafe de Coral, Exit A, Admiralty MTR Station at Annex I; Map ofCyberport at Annex II; Programme at Atmex III
1215 -1330 VIP Luncheon at Cyberport
Venue: Le Meridien Cyberport Hotel
Contact person: Ms Irene LI, Executive Assistant to Mr Mark CLIFT (Tel): (852) 3166 3821
1330-1415 Tour of Cyberport by Mr Mark CLIFT, Chief Operating Officer RESTRICTED -2-
Contact person: Ms Irene LJ, Executive Assistant to Mr Mark CLIFT (Tel): (852) 3166 3821
18 April 2013, Thursday
1000 - 1045 Meeting with Dr Cecilia PANG; Biotechnology Director, Innovation and Technology Commission (on Hong Kong's development in innovation and technology; introduction on Innovation and Technology Fund and government's policy and initiatives in developing medical science, including Chinese medicine)
Venue: Room 2113, 21/F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong
Contact person: Ms Connie CHAN, Personal Secretary to Dr Pang (Tel): (852) 3655 4737
Remarks: Please register and collect a visitor's badge at reception counter of East Wing.
Take the escalator to the upper floor and walk straight along the corridor. The West Wing lift lobby will be on your right hand side.
Map of East Wing Entrance, Central Government Offices, Tamar at Annex I
1100-1145 Meeting with Mr Raymond WU, Principal Assistant Secretary for Commerce and Economic Development (on bi-Iateral trade between Hong Kong and Australia)
Venue: Room 2332, 231F, West Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong
Contact person: Ms Amy CHEUK, Executive Officer (Tel): (852) 3655 5117
Remarks: Please take the lift to 231F, West Wing
Noon Free RESTRICTED - 3 -
1600 - 1645 Meeting with Ms Anne TENG, Principal Assistant Secretary for Constitutional and Mainland Affairs (on the process and procedures ofLegislative Council election and its latest development ofelectoral reform)
Venue: CMAB Waiting Area, 12fF, East Wing, Central Government Offices, 2 Tim Mei Avenue, Tamar, Hong Kong
Contact: Ms Candy LAM, Personal Secretary to Ms Teng (Tel): (852) 2810 2908
Ms Phyllis CHAN, Senior Executive Officer (Tel): (852) 2810 3217
Remarks: Please register and collect a visitor's badge at reception counter of East Wing.
Take the escalator to the upper floor and turn left to East Wing lift lobby.
Map of East Wing Entrance, Central Government Offices, Tamar at Annex I
19 April 2013, Friday
1100 - 1200 Tour of Hong Kong Science and Technology Parks by Mr Richard TSE, Vice President of Finance and Corporate Services (on the incubator programmes, industry and University collaboration model)
Venue: Meeting Room 24, 2fF, Lakeside 2, Hong Kong Science Park Phase 2
Contact: Mr Alfa LUNG, (Tel): (852) 2629 6939 or 6397 1865
Remarks: Please drop off at Phase 2 of Hong Kong Science Park if you take taxi. Please give a ring to Alfa if you need assistance on site.
Map at Annex IV; Programme at Annex V
Noon Free RESTRICTED -4-
1500 - 1545 Meeting with Mr Anson LAI, Assistant Director (Strategic Planning) and Mr Harry CHAN, Chief Planning Officer, Housing Authority (on the introduction ofpublic housing in Hong Kong, including how the system operates, community programmes and subsidized housing purchase options)
Venue: Board Room, 1 IfF, Block 2, Housing Authority Headquarters, 33 Fat Kwong Street, Ho Man Tin, Kowloon
Contact: Ms Manki Wong, Publicity Manager (Tel): (852) 27615115 or 9650 7470
Remarks: Please drop off at point"A" as shown on the map. Ms Wong will greet you on OfF, Block I &2, Housing Authority Headquarters.
Map at Annex VI; Programme at Annex VII
20 April 2013, Saturday
AMlPM Private Programmes
21 April 2013, Sunday
1120 Depart Hong Kong for Singapore on CX 739
Contact Person at Information Services Department: Ms Wendy ill, Executive Officer (Visits) During office hours: . (Tel) 2842 8703 (Fax) 2845 2129 After office hours: (Tel) 9688 6874 (Fax) 2845 2129 File ref: ISDN 12/2/9 (2013) ~QAN7;4S E-Ticket Itinerary & Receipt , Your Booking Reference 25GYQD Important Information 'IJ • This Is your EwTlcket Itinerary & ReceIpt. You must bring it with you to the airport for check·ln, and It Is recommended you retain a copy LL for your records. • Each passenger travelling needs a printed copy of this document for Immigration, customs, aIrport security checks and duty free purchases. • Please familIarise yourself with the key Conditions of Carriage, Dangerous Goods guide and other Information attached.
-(~-u",.~~,~!lg:~r, Name Frequent Flyer No. Ticket No. Issued Ticket Tota'· Ms Catherine Doust QF4022842 081·2424622026 04 Apr 13 5,560.96 Qantas Club Silver I oneworld Ruby Ticket Total for all passengers· 5,560.96
-Amounls are displayed In Australian Dollars (AVO)
,~:tj~ie " Flight Number Departing Arriving Status Flight Information 16 Apr 13 QF77 Perth Singapore Chang! Business Est journey TIme: 05:30 0950, 9:50AM 1520, 3:20PM Confirmed Non-Stop Terminal 1 16 Apr 13 Aircraft Type: Alrbuslndustrie A330 Terminal 1 16 Apr 13 CX716 Singapore Changi Hong Kong Confirmed Est journey 11me: 03:45 1825,6:25PM 2210. 10:1OPM Non-Stop Terminal 1 16Apr13 Aircraft Type: Boeing 777 Terminal 1 ,21 Apr 13 CX739 Hong Kong Stngapora Chang! Confirmed EsIJourneyTIme: 03:45 1120, 11:20AM 1505,3:05PM Non-Stop Terminal 1 21 Apr 13 Aircraft Type: AIrbus Induslrie A330 Terminal 1 21 Apr13 QF78 Singapore Changl Perth BusIness Est Journey 11me: 05:05 1815,6:15PM 2320, 11:20PM Confirmed Non-Stop Terminal 1 21 Apr13 AIrcraft Type: Airbus Industrie A330 Terminal 1
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'. ~"'1~ Before Check-In Gatling Away On Time Check~ln ~ • Ensure that each passenger • Ensure you are at the aJrport with • VISit qanlas.comlcheck!n to carries a printed copy of this enough time to complete necessary choose the check-In option best document when travemng. check-In, security screening and, for you. • Have necessary vlsas and the for InternaUonal flights, customs and minimum passport validity requIred Immigration. for the countries you are visiting. • Familiarise yourself with the check • label your bags Inside and out In and boarding times, Information with your name, address and for .Qantas and QantasUnk flights is contact number at your In the Travel Information section destination. attached. • Check Carry-on baggage and checked baggage allowances as restrictions apply.
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Qantas Airways Limited ABN 16 009661 901,203 Coward Sf. Mascot, NSW 2020, Au'stralia qantas.com Han Nick Goiran MLC
. Member for the South Metropolitan Region Phone, 08 9398 3800 Fa" 08 9398 3822 28 August 2013 Email: [email protected] Office: Suite 2, 714 Ranford Road SOUTHERN RIVER WA 6110 Mr Peter Conran WW\\'.nickgoiran,com.au Director General, Department of Premier and Cabinet Governor Stirling Building 197 St Georges Terrace PERTH WA 6000
Dear Peter,
REPORT ON INTERNATIONAL TRAVEL FUNDED BY THE IMPREST SYSTEM
Please be advised on 29 March I travelled to France to attend and speak at the "13th
Annual Pan Europe Pacific Legal Conference" funded by the Imprest System.
The Conference was organised by Continuing Professional Education.
EXPENDITURE: I expended $1,950.46 in airfares and nineday's allowance at $3600.
PURPOSE: I attended the Conference in my capacity as a member for the South
Metropolitan Region. I was invited to be the opening presenter at the Conference.
BENEFITS: The additional presentations that made up the academic program; and
networking with other conference attendees also proved extremely beneficial in
several respects. Firstly, it has enhanced my understanding of the existing and
potential complexities involved in combatting "International Bribery". As Chairman of
the Joint Standing Committee on the Corruption and Crime Commission this half day
presentation and visit to the OECD (Organisation for Economic Co-operation and
Development) was very worthwhile.
Secondly, it improved my knowledge of the challenges and potential repercussions to
changing mental health legislation. Our State's Minister for Mental Health has
expressed a desire to see the Mental Health. Act in Western Australia reviewed and
South Metropolitan Region contains Leg;,ht;ve A""n,bl),e1ecto,·ate, of: Alfred Coye, Bateman, Canning ton, Cockburn, Fremantle. Jandakot, Kwinana, Riverton, Rockingham, Southern River, South Perth, Victoria Park, Warnbro and Willagee. amended, so the information gleaned and contacts made during the conference were valuable.
Thirdly, this conference has heightened my appreciation of the consequences of government interference with the private property rights of individuals.
Lastly, I was given the opportunity to hear testimonies and first-hand accounts from course attendees; one GP in particular was incarcerated in Poland for a year for speaking out against the Government of the day. His experience was very closely aligned with the paper which I was presenting entitled, "The Role of Parliament in protecting Freedom of Speech". I also spoke to a Barrister and Senior Council from New South Wales who had just spent eight weeks prosecuting a case of 'Sexual Servitude' - my conversation with her, reinforced my position of the past two years that if a prostitution model is legalised in Western Australia, we too will become a conduit for human trafficking.
Yours faithfully,
Hon Nick Goiran MLC Member for the South Metropolitan Region
The South j\lctropolitan Region contains the Legis]atil'e As~embly electoratc'; of: Alfred CO\'e, Bateman, Cannington, Cockburn, Fremantle, Jandakot, Kwinana, Riverton, Rockingham, Southern Rh'er, South Perth, Victoria Park, \Varnbro and \Villagee.
Cost of Trip:
Fares (i) Robyn McSweeney 7303.65
(ii) Michael McSweeney 7303.65
Travel Allowance 15 nights @ $400 per night 6000.00
Total Imprest Funds received $ 20,607.30
======
Report by Hon. Robyn McSweeney Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Purpose of Trip:
A(\lZ,b,C SrUDY TOUR
lEMNOS & GREECE I GALLI POll & TURKEY I 19 APRll- 05 MAY 2013
1. To experience the ANZAC services on ancient Lemnos Island Greece-the base camp for the ANZACS with its hospitals, rest camps, training grounds and sites visited and photographed by Australians. 2. Attend official ANZAC events at Gallipoli over a 2 day period and present a wreath on behalf of the Western Australia Government at the dawn service. 3. Explore the important sites of the Gallipoli Peninsula and the Dardanelles Straights with its Australian submarine the AE2 story. 4. Visit Istanbul-Constantinople at the time, where in 1918 the Australian Navy had ships based as part of Post War peacekeeping efforts. 5. Drive across the Turkish Border to Greece en-route to Thessaloniki, Greece's second important city, where hundreds of ANZACS-soldiers, nurses, navy and airmen were based in the Salonika Front after the Gallipoli campaign ,a forgotten part of our history. 6. Visit another site of importance to the ANZAC story the site now a military museum of a German Stalag that housed over 7000 ANZACS captured in WW2 in the Battle of Greece and the Battle of Crete. 7. Visit in Greek Macedonia the sites of the first battles by ANZACS on Greek soil joining in local commemorative events in honour of our soldiers and follow their withdrawal to other sites of battle around Mt Olympus-the mountain of the ancient Greek gods and Brallos Pass at Thermopylae where the 300 Spartans also met the invading Persian Army. 8. Visit Athens, the arrival point for ANZACS in WW2 and visit the sites of their camps as well as the evacuation points. 9. Travel in the footsteps of the ANZACS by experiencing historic site, towns and local delicacies.
___"-_ -=~--7_-__ '-'-~___ =--'-- __ -=-'--C_-'._7___ ,,'0 C,"-_ -- ;>, Report by Hon. Robyn McSweeney Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 I 'rr "J [[\/\ r~ y
19 APRIL: Arrival in Athens. Meet and Greet at Athens Int'I airport. Transfer to Marathon, major battle site ofthe Athenians against the Persian on 490 BC, that led to the founding of Marathon as a long distance race. Visit also the site of Anzac beach evacuations. Visit Rafina port for early dinner, another Anzac's evacuation port! Return to the airport and flight to Lemnos (20.55 - 21.45) . Transfer to the hotel. Dinner at the hotel.
Overnight Lemnos (Hotel Varos Village).
20 APRIL: : 09.00 am, tour sites of the Anzacs. Visit Therma hot Springs, Sarpi the Australian rest camp, the Australian Hospitals site and Myrina (island's capital) with its castle. Afternoon Official Ceremony and Wreath Laying at Portianou War Cemetery. Dinner hosted by local authorities.
Overnight Lemnos.
21 APRIL: 09.00 am visit the port of Mudros and attend the Official Ceremony at Moudros War Cemetery. Visit the photo exhibition at the Old School of Mudros and Cocktail reception hosted by the Mayor of Limnos. Afternoon visit of the archaeological sites of Ifestia and Poliohni. Flight to Athens (21.50 - 22.45) and transfer to the hotel in Athens (Holiday Inn Attica Ave)
22 APRIL: 06.45 am transfer to Athens Int'I airport and flight to Istanbul (08.20 - 09.45). Arrival in Istanbul. Met by Mr Lino Strangis, Australian Consul General. Meeting with our local representatives and leave Istanbul for Troy. Visit of the archaeological site and transfer to Canakkale. Lunch and dinner on route (own expenses).
Overnight Canakkale (Hotel Limani).
-.-, ------~------" Report by Hon. Robyn McSweeney .' Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 23 APRIL: After breakfast, at 09 am, visit Gallipoli Battlefields ( pay a visit to Australian, New Zealand, Turkish, British and French memorials and famous sites such as Anzac Cove and Lone Pine). Afternoon free at Canakkale township.
Overnight Canakkale.
24 APRIL: Participation at the VIP events in Canakkale (arrangements by the Australian Embassy in Ankara, SE[ BELOW). Afternoon free of relaxing, ahead a big ANZAC day. Overnight Canakkale.
25 APRIL: 02.40 depart from Limani Hotel and check out. At 03.40 VIP coach convoy departs for Anzac Commemorative Site (Dawn Service - arrangements by the Australian Embassy in Ankara, Sl,E BELOW), At 14:00 depart for Istanbul. View towns and forts along the Dardanelles. Lunch at Gelibolou (Gallipoli - own expense). Arrive in Istanbul.
Accommodation at Crowne Plaza Istanbul- Old City Hotel.
26 APRIL: At 09 am, depart from our hotel for a Half Day morning city tour (Byzantine). Visit among others St.Sophia, St.Savior in Chora, Hippodrome etc. Lunch at a traditional local restaurant. Official Visit to Orthodox Patriarchate and meeting with His All Holiness Bartholomew I, Greek Orthodox Patriarch(TBC). Visit at Gallipoli Centenary Research Center at Bahcesehir University and meeting with the director, Prof. Haluk Oral (TBC). Working Dinner with Turkish - Australian business groups(TBC).
Overnight Istanbul.
27 APRIL: At 09 am meeting with our guide for the second Half day morning city tour of Istanbul (Ottoman). Visit Topkapi Palace, Blue Mosque and time free at the flea market. Lunch break (own expenses). Afternoon Bosporus Cruise (approx. 4 hours), by private boat. Return to the hotel. Evening free.
Overnight Istanbul.
- ~ c-~_____ ---=__ - <_'-'" _'c_,--- __ /t Report by Han. Robyn McSweeney Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 28 APRIL: At 07 am departure for the Turkish - Greek border Kapikule. Meet with Greek driver and the Greek guide and continue the tour in North Greece.
Stops at the village of Thrylorio Komotini , which was named after Australian George Treloar who was the League of Nations Commissioner for Refugees in Northern Greece 1923-28 (Reception by the Mayor) .
Drive to Ouranoupolis, a then refugee settlement that has honoured the work of Australian's Joice NanKivell Loch and Gallipoli veteran Sydney Loch. On the way to Thessaloniki, short stop at Arnea (reception by the Mayor). Late arrival at Thessaloniki and
Overnight (Electra Palace hotel).
29 APRIL: At 09 am depart for Thessaloniki's city tour. Visit among others St. Dimitrios, the Museum of the Macedonian Struggle and the White Tower. Visit also the War Museum and Mikra Commonwealth War Cemetery. Evening free.
Overnight Thessaloniki.
30 APRIL: Depart 8am we drive to Veria to view the Veria Pass which separates the Aliakmon River (the defence line) for the Allies in the Greek campaign with its huge cliffs defended on both sides by the Australians. We then move south to Vergina visiting the Royal Tomb of King Phillip of Macedon( Alexander the Greats father).
Traveling south we lunch at Elassona ( own expense) a major supple base for the Anzacs and view the the pass defended by Australians. We proceed south-west and visit the Valley of Tempe a major battle site for the Australians located between Mt Olympus and My Ossa. We head north through the Katerini region a major area for NZ Field Hospitals. Enroute back to Thessaloniki we have dinner ( own expense) at a seaside tavern at Platamon the main NZ northern base.
Overnight Thessaloniki.
.-_c __ ---'---___ ,. r r Report by Hon. Robyn McSweeney :;, 1Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 01 MAY: Depart 8am. This morning we visit the relocated refugee town of Kallipoli (Gallipoli). We drive to Edessa for a quick view of Greece's tallest waterfalls, a site visited by many Anzac medical staff in WW1 such as author Miles Franklin.
At 12 noon we attend the Anzac service at Xinon Nero, which commemorates the first joint action against the Germans by the Anzacs, Greeks and Brits. We attend a lunch provided by local authorities Moving south, we pass from Kozani town, while our final destination is Kalabaka (an area under the control of Australians), on the foot of the Monolithic Rocks of Meteora. Dinner at the hotel (Hotel Amalia).
Overnight Kalambaka.
02 MAY: At 09 am, visit to a Monastery on top of Meteora rocks. Depart for Athens. On our way to the Greek Capital city, pass through Farsala (location of the main NZ hospital), Lamia (base of Australian Military Police) enroute to the Australian battle site of Brallos Pass. Visit Thermopyllae , the ancient site of 300 Spartans (defended by NZ forces) and the city of Livadia ( Anzac command Headquarters during the WW2). Arrival in Athens (Royal Olympic Hotel). Dinner by the Australian Hellenic Business Council.
Overnight in Athens.
03 MAY: At 10 am Anzac Service at Kalamaki Commonwealth Cemetery. At 11:00 meeting with our licensed guide for "Walking in the steps of ANZACS ,Athens Tour". Visit of Panathinaiko Stadium (where the first Olympic games of the modern times where held in 1896), the Constitution Square( sites visited by the ANZACs) and the Botanic Garden. Then you will have the experience of one of Athens' bravura achievements: the Athens Metro. Upon exiting the Metro you pass by the hill where st. Paul spoke to the Athenians on your way to the New Acropolis Museum, a marvel of architecture with a full exhibition of the glory of Ancient Athens.
At 20:30 leave the hotel for the Good Friday vesper activity at the Athens Cathedral. Starting around 9 pm the "epitaphios" is taken from the church, with the mournful tolling of the church bells and carried through the streets-the procession of the bier (representing Jesu's
,~"---_------. ----o-c-_ r; I Report by Hon. Robyn McSweeney· . -.' I Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 funeral). All along the parade's route, people with candles scatter flowers and perfumes on the epitaphios , as it passes. To be a part of this devoted splendor is an opportunity of a lifetime and only afforded by the people of Greece.
Overnight in Athens.
04 MAY: At 09 am leave Athens for the battle site of Corinth and the evacuation ports of Astros and Nafplion (first Capital of Modern Greece). Return to Athens via Argos (main collection point for evacuating allies).
The night of Holly Saturday fills the city with anticipation awaiting the ceremony of the Resurrection. By Ilpm we leave the hotel for the nearby church of St. Catherine's.
At midnight all the priests in the city announce that Christ has arisen from death, "Christos Anesti". Then light candles from the eternal flame and share the flame with the people. People carry their eternal flame to their homes, with candle lights creating a luminous trail through the streets.
In keeping with the tradition, we too will continue to burn our candles and have the traditional mid-night Easter meal of mayiritsa soup, baked lamb, tsoureki(sweet bread) and red eggs, at "Dionyssos Restaurant", one of the best restaurants in the city, overlooking the Acropolis.
Overnight in Athens.
OS MAY: At 11 am transfer to EI. Venizelos, Athens Int'l Airport for departure.
- -- -,'------=~"------,----'- '; : Report by Han, Robyn McSweeney , ; Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 24 APRIL 2013, WEDNESDAY
07:15 Depart Limani Hotel
07:30 Assemble Kolin Hotel foyer
07:45 Buses to be boarded**
08:00 Buses depalt for Mehmetcik Abidesi
08:15 Ferry fi'om <;anakkale to Eceabat
10:00 Turkish International Ceremony, Mehmetcik Abidesi
12:00 Turkish International Service concludes. Depart for French Memorial, Morto Bay
12:20 French Memorial Service, Morto Bay
12:50 French Memorial Service concludes. Depart for Commonwealth Memorial, Cape Helles
13:10 Commonwealth Memorial Service, Cape Helles
13:50 Service concludes.
13:50 Lunch on the bus
15:00 Depart for Turkish Memorial Service
15:10 Turkish Memorial Service, 57th Regiment Memorial and Cemetery
15:55 Turkish 57th Regiment Ceremony concludes. Return to Canakkale
16:55 Arrive Kolin Hotel
17:00 Depart for Limani Hotel
Rest Time
------c, Report by Han. Robyn McSweeney ( , Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 19:00 Canakkale Ali Prize Opening Venue: Lower level Atrium, Kolin Hotel
TBC Dinner (Location: TBe)
** Times need to be confirmed by the Governor's office
An early night is advised due to velY early departure/or Dml'l1 Service.
25 APRIL 2013, THURSDAY
02:40 Collection ofluggages and check-out**
03:00 Depalt Limani Hotel
03:15 Assemble Kolin Hotel foyer
03:30 Buses to be boarded
03:40 VIP coach convoy departs for Anzac Commemorative Site (Dawn Service)
04:00 Ferry from <;:anakkale to Eceabat
04:50 AlTive Anzac Commemorative Site for Dawn Service
05:05 Spirit of Place
05:30 Dawn Service, Anzac Commemorative Site, NOlih Beach Present Wreath on behalf of Western Australian Government.
06:30 Dawn Service concludes. Depali for Kum Hotel
07:00 Anzac Breakfast at the Kum Hotel Co-hosted by the Ambassadors of New Zealand and Australia
09:20 Depart for Australian Memorial, Lone Pine
10:00 Australian Memorial Service, Lone Pine Cemetery
11 :00 Australian ceremony concludes. Depart for Chunuk Bail'
11 :30 New Zealand Memorial Service, Chunuk Bail' Memorial
-,--,-- -- '---- c.. Report by Hon. Robyn McSweeney
c' ; Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 12:15 New Zealand ceremony concludes.
End ofofficial program
12:45 Leave VIP convoy and meet own vehicle at Kilit Bahir ferry (European side). Depart for Istanbul (approx 5 hours)
Lunch en route
19:00 Arrive Istanbul
--==--=------~ - 1.0 Report by Hon. Robyn McSweeney Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Brigadiers from the Australian Army
..;, rR~p~rtby H~·n.R~byn McS~eeney r Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Turkish Veterans
Dawn Service at Gallipoli
~- --I-2 -f -Report-by Han. Robyn McSweeney - t Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Dawn Service at Gallipoli
=-_~--'-oC"~-'''.-'-0 ,-==--~,-_~_--,._- ---- __ -- --.__ _ "', t Report by Han, Robyn McSweeney • ~ - <'.f I' • : Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 · i I c
Photographed with a senior who lived in the Greek Village called Treloar which was named after an Australian who resettled refugee people in Greece.
,o _____-~c-_~, .-==-"-'_ -~ ___ -__=__='_ ___ ,.,~=~ __ -__ ""'_,_~_=_=__"O"""C_-=~'__'__ _ _-__ ' ---_-= ___ --'--Cc"'- _-- JeLl !Report by Hon. Robyn McSweeney I Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Thessaloniki .
oococ~cooc~ooo 0 ~~Oo "o~ 0' ,COOoO O~~CO 0.0 •• cO 00 -.~O'. 0 i [" 'Report by Han. Robyn McSweeney '0 ) . [Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 Benefits Derived from Travel
1. A better understanding of the Anzac's journey to ancient Lemnos Island Greece, historic sites and towns.
2. A respectfUl insight into the dreadful conditions endured by our young soldiers.
3. The ability to inspect the arrival points and visit the sites of the camps and evacuation points.
4. Acknowledge the young men from the Bridgetown area who were part of the Anzac contingent and never returned to their hometown.
5. Pay my respects on behalf of the Western Australian Government at the Gallipoli service, and present a wreath.
6. Acquire a better understanding of the whole ANZAC story, from being captured in the Battle of Greece and the Battle of Crete to driving across the Turkish border to Greece.
7. Appreciate the contribution of not only the ANZAC soldiers but also the nurses, navy and airmen who were based in the Salonika Front after the Gallipoli campaign.
____ ------.-c.__ :; Co Report by Hon. Robyn McSweeney Parliamentary Anzac Tour 19/4/2013 - 5/5/2013 6 November 2013
Director General Mr Peter Conran AM Department of Premier and Cabinet Dumas House 2 Havelock Street WEST PERTH WA 6005
Dear Sir
CRIMINAL LAWYERS ASSOCIATION OF THE NORTHERN TERRITORY BIANNUAL CONFERENCE - OVERSEAS IMPREST TRAVEL REPORT
I wish to report upon my travel to the 6 day conference convened by the Criminal lawyers Association of the Northern Territory and held at the Bali Hyatt Hotel, Sanuar Beach, Bali.
The Criminal lawyers Association of the Northern Territory (C.l.A.N.T) is a biannual conference on Criminal law attended by members of the judiciary and legal practitioners from around Australia.
The headlined theme ofthe conference was "Victims ofthe system".
There were five sub themes to the conference
1. Women as victims; 2. Prisoners as victims; 3. Victims of war; 4. Young people as victims; 5. lawyers as victims;
The conference convened on Saturday 26 June 2013, including registrations and a welcoming function, and then concluded on Friday 28 June 2013. After the conference sessions there was a gala dinner for participants.
I have a full set of conference papers for anyone reading my report and interested in any of the topics. I would be more than pleased to discuss the contents of the conference papers. If copies of conference papers are required please send me an email and I will forward copies of the conference papers with a follow up telephone conversation with anyone interested in the issues and topics in the paper.
PO Box 2024 CLARKSON WA 6030 OFFICE: SUITE 116, OCEAN KEyS SHOPPING CENTRE, 36 OCEAN KEyS BOULEVARD, CLARKSON WA 6030 (Opposite Clarkson Librm)') PH: 9407 8600 FAX: 9407 8644 EMAIL: iohn.qui~le\'@mp.\Va.~ov.au 2
The highlights of the conference from my point of view, I shall briefly list below without attempting an in-depth discussion of each paper presented, but I am prepared to provide a conference paper.
The first paper of note was regarding the conservative Governments' law and Order Program in the Northern Territory delivered by The Hon. John Elferink, Attorney General of the Northern Territory.
Mr Elferink took particular pride in initiatives by the Northern Territory to reduce indigenous incarceration rates by finding indigenous prisoners work outside of the prison and having them return to the institution after work.
Mr Elferink stated that there had been no absconding by prisoners on this program, but conceded that it was in early stages and too early to report on its success.
My discussion with conference participants in particular those from the Northern Territory, indicated that work the prisoners were undertaking was community work, paid by the Government, and was not equipping prisoners with skills that would make them job ready on their release. It was also noted that this initiative by the Northern Territory Government has made no inroads into the overall incarceration rates of indigenous people.
Mr Elferink stressed the supremacy of Parliament, and the Parliament's intention to press ahead with sentencing regimes, which would improve some mandatory sentences and that the courts must accept that the Parliament is passing legislation in accordance with the will of the people.
The next address was written by The Hon. Chief Justice of the Northern Territory Supreme Court, His Hon Trevor Riley CJ.
The Chief Justices' paper indicates exasperation with politicians and members of the Executive in undermining the courts and independence of the judiciary, and doing long term damage to our system of democracy, of which the judiciary plays an important and independent role, in pursuit of short term policies.
The three areas that his Honours' paper addressed were
1. legislation requiring the judiCiary to preform non judicial roles or address non judicial issues, (For example in Western Australia they are going to be asked to perform persona designate in the anti-association laws).
2. legislation to constrain the ability of the judiciary to record justice in individual cases, (For example in Western Australia, the Mandatory Sentencing laws have been introduced, and those to be proposed to be introduced).
3. Failing to provide the court with adequate resources to carry out its functions effectively and efficiently (in Western Australia I note the Government's intention 3
not to replace Justice Narelle Johnson on the Supreme Court bench and to leave the Supreme Court one judge short).
His Honour pointed out that the legislation tries, in a number of ways, to cloak its policies in judicial independence, an approach which has been disapproved of by the High Court in the Totani and Wainohu cases, both involving anti-association laws out of South Australia and New South Wales respectively.
His Honour also addressed the ruling of the Court of Appeal in the Northern Territory in Emmerson vs the DPP (2013) NTC at 4, which overturned some aspects of the confiscation of the proceeds of crimes legislation in the Northern Territory.
His Honour pOinted out that he was the dissenting minority but the court held that in circumstances where, (the court was required by the legislation to declare a person to be a drug trafficker, in circumstances that was not necessarily the case), and that the court is required to brand that person with that label and seize from them their family home or life savings, is not justice.
His Honour pointed out that Emmerson was on appeal and the DPP had successfully sought special leave from the High Court, and in that case will soon be determined by the High Court of Australia.
In dealing with his Honour's comments on Mandatory Sentencing, he recited the passage from Former Chief Justice Barwick in Palling vs Caulfield (1970) 123CLR52 at 58 where his Honour said: "It is both unusual and in general, in my opinion, undesirable that the court should not have a discretion in the imposition of penalties and sentences, for circumstances of the cases and judicial function of a Court of Justice to endeavour to make the punishment appropriate to the circumstances as well as to the nature of the crime" or as Muldranjai said in Trennery vs Bradley (1997) 6NTLR 1775 at 187, prescribed mandatory sentencing provisions are the very antithesis of just sentence if a court thinks that a proper sentence is the prescribed minimum, or more the minimum prescribed penalty is unnecessary, it therefore follows that the sole purpose of the prescribed minimum mandatory sentencing regime is to impose heavier sentences than would be proper to the justice of the case".
In his speech, the Chief Justice was very critical of the Attorney General's contentions in his second reading speech in the Territory's Assembly, when reintroducing mandatory sentencing in November 2012 saying: "there was no reasonable argument presented for the introduction of mandatory minimum sentences.
There was no suggestion based upon evidence or otherwise, that the courts were not imposing sentences which were proportionate to the crime. So far as I can see the only justification for the legislation, apart from the fact it was promised in an election campaign, is on a motive there was nothing in the material to support any suggestion that prior to the reintroduction of the mending legislation sentences not being consistent or that the sentence being inadequate". 4
I believe this reflects the Western Australian position, His Honour went on to talk about customary law in indigenous communities and how that sometimes offences are committed because of cultural pressure to act in a certain way i.e. to perform the spearing of an offender against customary law.
His Honour noted former Chief Justice Brennan's comments in Niel vs The Queen {1982} 149CLR305 at 320, which requires the court when sentencing, to take into account all material facts and the provisions of legislation surrounding the national intervention into indigenous communities, which specifically provided that the court must not take into account any form of customary law or cultural practise. His Honour noted that this legislation could and does lead to injustices.
In terms of the question of resources, his Honour noted that one judge had not been replaced in the Northern Territory thereby depleting the resources of the court {same situation in Western Australia} and that the court facilities where not up to standard in some regional areas.
His Honour also noted that the funding of legal aid, or more particularly the diminishing availability of legal aid, had diminished the ability of accused to properly put all relevant matters before the courts, and for the courts to properly perform their functions. His Honour also noted the increase in court fees fearfully impeded upon the citizen's access and right to justice.
His Honour concluded by saying that the system of justice we have has served the community well for generations and we should be vigilant against initiatives by governments to undermine the independence and effectiveness of independent courts.
The next highlight of the conference was an address by Ms Melinda Taylor, an Australian lawyer now attached to the International Criminal Court in Hague. Ms Taylor had travelled to Bali to deliver a key note address and recount her experiences when she was assigned by the International Legal Court as part of the defence team for one of Colonel Gadhafi's sons who was then held in custody. Ms Taylor gave us a gripping account of how she travelled to Tripoli to take instructions from Mr Gadhafi and was then herself imprisoned by a number of false pretexts, including that she was smuggling materials into Mr Gadhafi in prison.
Ms Taylor's address gave a potent reminder that to be an advocate for people's human rights, one had to be very courageous and realise that there is long history in law in any number of jurisdictions of the advocate being attacked, imprisoned and in some cases executed by the system.
On Tuesday morning we had three sessions.
Firstly an address by Mr Colin McDonald QC on the situation of Titus Ani, a Nigerian who has been on death row at Kerobokan prison in Bali for the last eight years. Mr McDonald QC is acting pro bono, with disbursements met in part by the Criminal Lawyers Association of the 5
Northern Territory, to make a challenge to the High Court of Indonesia against Mr Ani's circumstances.
Mr Ani, unlike a number of Australians who have been held on death row in Denpasar, has not had proper legal representation and has not attracted the media or diplomatic attention of the Australians on death row.
Eight years on death row could in its self be regarded as cruel and unjust punishment.
Dr Olav Neilssen, of the University of New South Wales, gave a lecture on the difficulty of predicting future behaviour by sex offenders in relation to legislation passed in most States of Australia, enabling the courts in those states, except Queensland, to detain people in custody who have committed sex offences and who are deemed to be a safety concern to the community at the end of their prescribed sentence.
Dr Neilssen discussed some ofthe ethical issues involved for psychiatrists in preparing reports for the further incarceration of people, in circumstances that disregard the long established legal principles that a person should not be held in prison other than when a sentence is passed following conviction.
Tuesday afternoon there was a very interesting session presented by Mr Steven Odgers of Senior Council of the New South Wales Bar.
Mr Odgers conducted an examination of appeal cases before the High Court and presented a chart setting out the recent cases and the basis for appeal.
In some of the most important cases the areas he examined were appeals against conviction alleging constitutional invalidity; Momcilovic vs The Queen (2011) HC at 34 and other cases, offences committed by omissions rather than by engaging in conduct, DPP vs Poniatowska (2011) HC at 43, conspiracy, Agius vs The Queen (2013) HC at 27, joint enterprise /extended common purpose, Huynh vs The Queen(2013) HC at 6, manslaughter, Boons vs The Queen (2012) HC at 35, insider trading, Mansfield vs The Queen; Kizon vs The Queen (2012) HC at49, dangerous driving causing death, King vs The Queen (2012) HC at 24 abuse of process, Moty vs The Queen (2011) HC at 50, statutory reversal of the burden of proof, Momcilovic vs The Queen (2011) HC at 34, evidential burden, The Queen vs Khazaal (2012) HC at 26, evidential burden, The Queen vs Khazaal (2012) HC at 26, third party confessions, Baker vs The Queen (2012) HC at 27, similar fact evidence, BBH vs The Queen (2012) HC at 9, DNA evidence, Aytugrul vs The Queen (2012) HC at 15, the summing up to a jury, Huyng vs The Queen (2012) HC at 6, sentencing, Muldrock vs The Queen (2011) HC at 39, sentencing appeals, Green vs The Queen; and Quinn vs The Queen (2011) HC at 49 Crown appeals against sentence, Greens case and Quinn's case High Court appeals, seeking special leave Yates vs The Queen (2012) HC at 8.
Later on Tuesday I attended a session on mandatory sentencing of people smugglers as to whether it was politics or justice. 6
The paper was prepared by Dina Yehia SC and discussed a number of cases where Federal Court Judges have said in relation to particularly young Indonesians charged with people smuggling, that were it not for the Federal legislation requiring a mandatory term of imprisonment, then his Honour would not have imposed a five year term of imprisonment and that the court felt that to do so was unjust.
Ms Yehia SC said that the trials cost between $450 - 750,000 each and the cost of people smuggling prosecutions in 2010-11 was $6.2 million and the following year $7.6 million.
Ms Yehia SC explained that the former Attorney General's direction, that is the Hon Nicola Roxon, was that prosecutions must not be instituted under the mandatory sentencing provision against a member of the crew, unless they are satisfied that the crew member is a repeat offender or that a death resulted in the people smuggling venture.
Ms Yehia SC then discussed the offences under Sections 233 (a),(b),(c) and (d) of the Migration Act 1958, and explained that the mandatory minimum for offences against 233 (b) is eight years with a five year non-parole period and against 233 (c) is five years with a three year non-parole period.
Ms Yehia SC sighted from the sentencing remarks in R vs Jonibalu and Tobin Seukh where the sentencing judge concluded that the offenders were barely eighteen years old at the time of the offence, and that they had a very low role in the hierarchy of organisation, His Honour said: "I have concluded that a sentence considerably less that the mandatory minimum sentence would be appropriate, however, it is not relevant for the present purposes that indicate what lesser sentence might have been, since for the reasons I have indicated earlier I am required to impose the mandatory minimum".
Ms Yehia SC then discussed the Western Australian Court of Appeal case Bhar vs R (2011) WASC at 249 and the principles for sentencing under the Migration Act.
Finally, Ms Yehia SC explained the constitutionality of mandatory sentencing under the Migration Act, as the subject of an appeal to the High Court of which special leave has been granted.
Since the presentation of this paper on Tuesday 25 June the High Court held that the mandatory sentencing provisions where not unconstitutional and this was in the case of Magaming vs The Queen.
On Wednesday I was free of formal structured sessions but informal group discussions concerning order transpired of the conference 50 far and relevant law.
On this day I had extensive discussions with Mr Tom Percy QC on the Western Australian case of Austic. Mr Austic had been convicted of murder in 2007 and had instituted unsuccessful appeals before the Court of Appeal in Western Australia and the High Court of Australia. 7
The question then revolved around a petition presented to the Attorney General of Western Australia. Then, with Mr Percy and other lawyers, I had detailed discussions and workshopped a petition and how to take it forward.
The petition for clemency for Mr Austic had previously been prepared by his Excellency Mr M McCusker QC, Governor for Western Australia, in his former capacity as a leading Queens Counsel in Perth and Senior Jurist.
We works hopped each area of the petition, and Mr Percy QC confirmed that in view of the discussions, if I could secure or encourage the Attorney General to grant, Austic's petition to clemency, a referral to the Court of Criminal Appeal, Mr Percy would be lead counsel on the appeal, and other lawyers at the conference would assist.
On Thursday 27 June a piece was written by Mr Rex Wild QC, former Director of Public Prosecutions in the Northern Territory. The subject of the piece was the wrongful conviction of Colin Ross for murder, his speedy trial and quick execution. Mr Ross was a wine bar owner and convicted of the rape and murder of a child and executed in 1922 despite evidence at the time that he was not guilty.
In the 1990's, key evidence was re-examined using modern forensic techniques, which strongly indicated that Ross was innocent.
A plea for mercy was made to Victoria's Chief Justice in 2006, and in May 2008 the Governor of Victoria pardoned Ross in what is to be believed an Australian legal first. It was noted that soon after the murder of the child on 30 December 1921 the case became a major sensation with the Melbourne media stating there was a maniac on the lose who was likely to strike again.
At trial, the prosecution called a witness who had a previous conviction for perjury and was detained at the "Governors pleasure", who gave evidence that Ross admitted guilt to him in prison. Ross hotly denied this.
At trial a forensic witness was called to give evidence of hair samples taken from a blanket. This witness apparently had little forensic experience and a request by the defence to have further forensic examination undertaken was refused by the trial judge.
Before his execution in 1922 Ross wrote to his family "the day is coming when my innocence will be proved".
In his last statement Ross made a quiet, dignified but resolute statement "I am now face to face with my maker and I swear by almighty god that I am an innocent man. I never saw the child, I never committed the crime and I don't know who did. I never confessed to anyone. I ask god to forgive those who have sworn my life away, and I pray to God to have mercy on my poor darling mother and my family". 8
His execution was a disaster in that a new hanging rope was tried and didn't bring about instantaneous death but slow asphyxiation.
Each conference a piece is presented to make several compelling legal points and this piece was of no exception and of very high standard.
On Thursday I also attended a session on the exclusion of evidence because of police misconduct relating to the arrest.
This paper was presented by New South Wales Magistrate, Mr David Heilpern SN, this paper discussed the New South Wales statutory provision for the exclusion of police evidence because of misconduct, but the starting point was the well-known Western Australian case of Bunning vs Cross (1978) HC at 22.
Also discussed by his Honour was the question of assaults on police where the police at the time were conducting an unlawful arrest, and whether that constituted an assault on a police officer "in the execution of the duty", as His Honour noted, it cannot be said that a police officer is acting in the execution of his duty to facilitate an unlawful search or an unlawful arrest.
Similarly, a second police officer who comes to assist the first police officer is also not acting in the execution of his duty if the first officer was acting unlawfully.
His Honour Mr David Heilpern SN noted that "it is an important principle of law that no man has the right to deprive another of his liberty, except according to law, and if he does so, the person so unlawfully deprived has a perfect right to use reasonable efforts to beat him off and get out of custody".
On Thursday afternoon there was a very interesting and entertaining paper presented by the Northern Territory Supreme Court Justice, the Honourable Dean Mildren, discussing lawyers as victims and the victimisation over the century, both as a class and as an individual for being nothing more than lawyers.
His Honour started with the Greek laws permitting advocates to be used and that an accused could call any friend at all, so long as they didn't charge for their services, this was in the fourth century Be.
His Honour then discussed the situation in Rome and the ban on Roman's taking fees, but it was not until the first century AD that Emperor Claudius lifted the ban and liberated advocates, who could then charge no more than ten thousand sesterces for their days work, which on today's money would be a few thousand dollars. If anymore was charged they would be subject to extortion charges. His Honour noted the legal profession as one of the only professions where rules are set stipulating or limiting the fees which a lawyer can charge. 9
His Honour then provided a humorous analysis of Dickens' "Bleak House", which of course centred upon the fictional case of Jarndeyce vs Jardeyce, and the twenty years that it took to litigate the will, by the end of which there was nothing left after lawyers' fees and court costs had been deducted.
His Honour also listed what he regarded as the five categories of legal jokes which are aimed at bringing the law into disrepute or reinforcing the public's prejudice against lawyers and those five categories being:
1. Those dealing with lawyer's obsession with money. 2. Those which suggest lawyers are devious manipulative untrustworthy and unethical. 3. Those which imply that lawyers are pompous inhumane boring or useless. 4. Those which imply that lawyers are hateful, contemptible and we should get rid of them 5. Those which imply there are too many lawyers and that we need less of them.
His Honour then detailed what happened to Dr Clive Evert QC after his defence of the Communist Party in Australia and how he was then bought into disrepute over that, which bought about the "taxi rank rule" which says that all barristers had to take the next case that was presented to them regardless of the cause.
Susan Cox QC, the Director of the Northern Territory Legal Aid Commission gave a paper entitled 'Judicial Bullying'.
Judicial Bullying is something that I have experienced firsthand in my practise of the law, in my previous profession as a practising lawyer and as Ms Cox pointed out Ian Barker QC a former solicitor general of the Northern Territory and renowned court room advocate said: "if you don't enter the law suffering some bipolar disorder, he or she will eventually leave it enduring some sort of depression", brought on by the stress of the court room and added to by the bullying nature of some judicial officers.
By and large judicial officers are immune or invulnerable to complaints made against their bullying this is one on the very reasons I, as Shadow Attorney General, argued for the institution of a Judicial Commission in Western Australia which can hear complaints made by lawyers and others against judicial misconduct.
As the former High Court Judge and renowned jurist the Honourable Michael Kirby QC wrote, the fact is that judicial officers can sometimes be a cause and occasion of stress. Within the court room they can produce stress in judicial colleagues from a position of power and substantial invulnerability to complaint; they can also inflict needless stress.
In the legal profession this means advocates, lawyers, clerks, employees, litigants, witnesses and officials who are subject to their conduct.
Ms Cox QC referred us to the article, 'bullying in the court room', by his Honour Glen Martin of the Supreme Court of Queensland, who recounted an incident in which a junior 10
counsellor stood up to address written submissions and was told from the bench "you're an idiot, do your clients know you're an idiot?".
Ms Cox QC referred us to the relatively recent Western Australian case where a Western Australian legal aid solicitor who had been the subject of bullying by a Magistrate subsequently committed suicide. This case was documented in Law Reform Commission of WA discussion paper on complaints against the judiciary published in 2012.
Ms Cox QC noted the comments of Mr Mark Tedeschi SC, a senior Crown prosecutor in New South Wales who said he had seen junior prosecutors reduced to tears by judges. As Mr Tedeshi SC noted some judges are renowned for being bullies.
Mr Tedeshi SC also noted that if they engaged in the same sort of conduct within the general workplace they would be taken to task, counselled and disciplined or sacked.
It was also noted that the present Chief Justice of New South Wales, Mr Tom Bathurst QC, said of the former President of the Court of Appeal, Mr Michael Kirby QC, that he led from the top in changing the culture of the Court of Appeal in New South Wales, which had previously been sarcastic, contemptuous and personally abusive of counsel, into a court of politeness where Chief Justice Bathurst observed that justice would function more efficiently if judges behave courteously to advocates and if advocates behaved courteously to the bench.
Ms Cox QC then laid out the case for a complaints mechanism and referred to the Judicial Commission of New South Wales.
I refer to the Law Reform Commission of Western Australia's paper on this, published in 2012 and to my public advocacy for a judicial commission in Western Australia that can hear and determine complaints made against judicial officers.
On Friday 28 June we attended a very interesting session by Professor Cunneen a leading criminologist specialising in indigenous people and the law of juvenile justice restorative justice, policing and prison issues and co presenter Melanie Shwartz, Faculty of Law of the University of New South Wales, a lecturer in criminal law and indigenous programs. The session was on "Justice Reinvestment in Australia; reasons for caution". At the University of New South Wales there is a project being run on justice reinvestment and studying the United States experience in this matter.
I was particularly interested in this matter because the Western Australian Labor Party is an advocate of justice reinvestment and we have now received bipartisan support, albeit of a limited scale, from the current Minister for Corrective Services the Honourable Joe Francis.
The four identified steps for justice reinvestment are to analyse data and map neighbourhoods that are home to large numbers of people under criminal justice supervision, and to collect information about needs in those communities for addressing underlying issues causing offending. 11
Secondly, to develop policies to reduce spending on corrections/prisons, reinvest those funds into the focus community, and then implement and evaluate these new policies.
Justice reinvestment as a practical concept seems to have been inaugurated in Texas which found that the capital costs and running costs of new prisons was becoming a blight on the State's budget and there had to be a new way forward.
The Texas authorities then collated data on all people entering the prison system and within the prison system right down to their street address. (No such data is kept in Western Australia). Then, by identifying neighbourhoods and even particular streets that were producing so much crime and presenting so many people to the Texas criminal justice system and Texas prisons to put funds into those identified neighbourhoods or streets to address the social problems in those areas with a view to drastically reducing the prison population.
The early evidence out of Texas supports the concept of justice reinvestment and has seen a number of prisons in Texas closed.
In justice reinvestment, what needs to be done is to address the problem of crime and the individual and community problems generated by mass imprisonment. Community justice must be a starting point; community wellbeing must be a central objective of our penal system. We must focus on high incarceration places we must pay attention to the norms and values of the society and we must improve schools, jobs and housing.
Any reduction in the prison population and consequent reduction in the need for funding of prisons must be reinvested in a way to fund community justice initiatives and to repair the damage caused by mass imprisonment.
One of the reasons why justice reinvestment has not achieved the jewel objective on sustained reductions in prison populations and stronger, safer communities is due to the fact that quite often savings generated in the Corrections budget have not gone to high incarceration communities but rather have gone back into general revenue or to community corrections or law enforcement.
The only way that justice reinvestment has a hope of succeeding is if the savings from the Corrections budgets are strictly applied to reinvestment in the communities which are producing the high incarceration rates.
A second area of difficulty with justice reinvestment is that local advocates and reformers have often been marginalised or excluded from the justice reinvestment process. Local organised support for community initiatives is a core part of the justice reinvestment concept. Unless the local community is involved in dealing with the social ills of lack of housing, lack of mental health facilities and lack of jobs in their area, then the notion of reducing criminal activity and making the local community safer maybe unobtainable. 12
Politicians in Western Australia from both sides of the chamber say that the Aboriginal incarceration rate in Western Australia is deplorable with about 1% of our population providing 40% of our prisoners.
Huge savings to our corrections budget could be made if we could substantially reduce this incarceration figure, but we can only do this whilst at the same time delivering safer communities, is if the money saved is directed back into the local communities which are producing the offenders and local programs and local support groups are not excluded from justice reinvestment programs.
The conference concluded with a conference dinner on Friday night 28 June.
Yours faithfully,
JOHN QUIGLEY LLB JP MLA Member for Butler The Parliament of Western Australia ark c owan Member for Rockingham Val Street, Rockingham' PO Box 5324, Rockingham Beach WA 6969 , Phone (08) 9592 7422 ' Fax (08) 9592 1683 ' Email [email protected]
Mr Laurie Birrell C/- Department of Premier and Cabinet Entitlements and Transport Branch Locked Bag 3001 , WEST PERTH WA 6872
/
Dear Laurie
IMPREST APPLICATION- JAPAN 30 JUNE-12 JULY 2013
As discussed I am forwarding you an imprest application for my wife Sarahs airfares to and from Japan on the above dates.
I have enclosed a copy of my report to Parliament in respect of the visit.
During the visit Mrs McGowan attended various events and meetings in an official capacity including;
• meeting with Hyogo Prefecture Government officials • trade events with business and government officials in Tokyo YD• meetings with former senior business executives. ' • Hon Mark McGowan MLA MEMBER FOR ROCKINGHAM LEADER OF THE OPPOSITION
29th August 2013 THE HONOURABLE MARK MCGOWAN MLA -Leader of the WA Opposition
TRAVEL REPORT: JAPAN TRADE MISSION JULY i-JULY 11
PURPOSE OF TRIP:
To help strengthen trade ties and relationships between Japan and Western Australia. To be updated on latest issues affecting major trading houses and government entities in Japan.
BACKGROUND:
Japan has been a longstanding and important trading partner for Western Australia stretching back to the iron-ore boom of the 1960s. It has also formed the backbone for the State's liquefied Natural Gas (LNG) industry being State's largest importer of our natural gas. Japan is the world's largest importer of LNG and second largest importer of iron-ore. In 2011, it imported 32 percent (78 million tonne) of global LNG and 11 percent (128 million tonne) of global iron-ore. Australia supplied 62 percent of Japan's iron-ore and 17 percent of its LNG in 2011.
LNG exports from Western Australia to Japan in 2012 were valued at $9.6 billion - making Japan WA's number 1LNG export market. Iron-ore accounted for $9 billion, or 41 percent, of the State's total exports to Japan. This makes Japan the number 2 iron-ore export market behind China. Agriculture exports to Japan is also strong with Japan sharing $760 million (or 13 percent) of the State's total agriculture exports.
Western Australia also has a strong Sister-State relationship with the Hyogo Prefecture. Established in 1981, the 32 year relationship has built realistic and beneficial trade, cultural and education ties.
It is vital to maintain and understand these ongoing relationships and as Leader of the Opposition, I felt it was important to assess firsthand how the relationship was tracking and its current status. My Chief of Staff, Guy Houston, accompanied me on the trip. My wife, Sarah McGowan, also accompanied me to some of the formal events and functions.
KEY FEATURES
During the trip, we held meetings with eight key major Japanese trading houses including Mitsubishi and Mitsui. We also had tours of the Hemeji LNG terminal and the Nippon Steel and Sumitomo Metal Kimitsu steelworks. Meetings were also held with Japanese Government Foreign Ministry officials and the Vice Governor of the Hyogo Prefecture, key Japanese business people and local Australian based business representatives.
Discussions with all these players painted a positive picture about the relationship between Japan and Western Australia. The current economic outlook in Japan appears to be the best it has been in many years with many expressing confidence in the direction the country is taking. This is despite the tragedy ofthe 2011 tsunami and the impact it had on energy supplies. In fact, the downturn in Japan's reliance on nuclear power has the potential to open up new opportunities for Western Australia's LNG industry.
The general positive business outlook and focus on increasing infrastructure investment in Japan will also provide more opportunities for our State's resources industry.
Despite this positive outlook, some of the major trading houses were cautionary about a high cost of doing business in Australia and interested in the potential to exploit a new shale gas export market in the United States.
Mitsubishi also formally advised that that the Oakajee Project in the State's mid-west had been downsized to a minimum level to 'care and maintenance' mode.
All companies and Government representatives recognised and appreciated the long term trading relationship that Western Australia has with Japan and expressed an overall level of satisfaction with this relationship.
The tours of the Himeji LNG Plant and the Kimitsu Steel works were both instructive and informative. The Himeji LNG terminal and power plant is a facility jointly run by the Osaka Gas and Kansai Electric. It has been importing gas from the North West Shelf, and more recently Pluto, since 1989. It processes about 2.3 million tonnes of LNG per annum of which about 700 thousand tonnes comes from Western Australia.
The Himeji Gas Plant is one of the largest city gas plants in Japan supplying energy to about 7 million households.
The Kimitsu Steelworks is owned and operated by Nippon Steel and Sumitomo Metal. Our tour included the facility's blast furnace, the iron-ore and coal yards and the pipe and tube mill. The steel works buys about 70 million tonnes per annum of iron-ore of which about 60 percent comes from Western Australia. BHP and Rio Tinto are the biggest suppliers.
During the trip, I was also briefed about tourism opportunities between Japan and our State. I was encouraged to hear that negotiations are under way about reintroducing direct flights between Japan and Perth. The reintroduction of these flights would go a long way to rejuvenating tourism in WA and Japan.
SUMMARY
The relationship between Japan and Western Australia remains extremely strong. The country is keen to continue its strong investment in energy, iron-ore and agriculture products from this State. There are some issues related to costs and LNG pricing that has to be negotiated by the major trading houses. However the long standing partnerships, political stability and Western Australia's reputation as a reliable supplier will help alleviate these concerns. The hard work of the WA Government Office in Tokyo should not be underestimated in helping foster and maintain these critical relationships. I'd therefore like to take this opportunity to thank the Commissioner of the North Asia Agency, Mr Craig Peacock, and his staff for their assistance and professional gUidance in organising our itinerary and meetings. Special thanks should also go to the Regional Director of Western Australia's Kobe Office, Noriko Hirata.
SUMMARY OF MEETINGS
Sojitz
Mr Masahiro Komiyana Managing Executive Officer President, Energy and Metal Division
Mr Kenji Asano Senior Vice President Energy and Metal Division
Mr Hironori Funahashi General Manager Chemical Resources Department
Mr Kazayoshi Shioda General Manager Steel Business Department, Steel and Minerals Unit Energy and Metal Division
Mr Tomoyoshi Nomura Deputy Manager Steel Business Department
Mitsubishi
Mr Kazuyuki Mori Executive Vice President COO Natural Gas Business Division
Mr Masaru Saito General Manager Australian Unit Natural Gas Business Division
Mr Iwao Toide Senior Vice President/General Manager Metals Group Cont'd Mr Tadashi Omatoi General Manager Iron Ore Department
Mitsui
Mr Hiroshi Kato Executive' Managing Officer Chief Operating Officer Energy Business Unit 1 .
Mr Yasushi Yoshakai Managing Officer Chief Operating Officer Energy Business Unit 2
Mr Yukio Takabe Managing Officer Chief Operating Officer Mineral and Metal Resources Business Unit
Nippon Steel and Sumitomo Metal
Mr Shinici Fujiwara Managing Executive Officer
Mr Toshiharu Sakae Executive Officer Head of Division Raw Materials
Mr Tadashi Nomura General Manager Head of Department Iron Ore
TEPCO
Mr Toshihiro Sano Managing Director
Mr Hitoshi Nishizawa General Manager LNG Fuel Department Cont'd Mr Shinobu Nakagawa Senior Manager LNG Purchase
JBIC
Mr Tomoo Kushibiki Deputy Director Mining and Metals Finance Department, Energy, Natural Resources
Mr Jun Matsumura Director General Mining and Metals Finace
JOGMEC
Mr Hirbumi Kawano President
Osaka Gas/Kansai Electric
Mr Hiroyuki Takahira Manager LNG Trading Department Energy Resources and International Business Unit
Mr Kazuaki Miyamoto Manager (LNG)
Mr Koji Fukuqa Deputy Terminal Manger
Ms Yoko Mitsumoto Fuel Solution Group
NAB
Mr Arun Nangia General Manager (Japan)
Meat and Livestock Australia
Ms Melanie Brock Regional Manager (Japan) , "
cont'd Australian Embassy
Mr Tom O'Connor Deputy Ambassador
Japan Government
Mr Kenta Wakabayashi Vice Minister of Foreign Affairs
Mr Naokazu Takemoto Head ofthe WA-Japan Parliamentarian League
Hyogo Prefecture
Mr Tomoyuki Yoshimoto Vice Governor
Mr Keiichi Tanaka Director General International Affairs and Tourism Bureau
Mr Hidekazu Moriyasu Director International Relations Division
Local key business people
Mr Paul Sukugawa Mr Hiroshi Takaku