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04 April 2019 Clarion
CLArion No 1904 – 01 April 2019 Email newsletter of Civil Liberties Australia (A04043) Email: Secretary(at)cla.asn.au Web: http://www.cla.asn.au/ ____________________________________________ Sue Neill-Fraser wins right to full appeal hearing NIne and a half years after being jailed, wrongly. Six years after Civil Liberties Australia first campaigned for a new appeal law for Tasmania. Three years after her latest court bid for a new hearing began… Sue Neill-Fraser has won a new appeal. Photo: The appeal decision, as reported in The Mercury Hobart. Three supreme court judges will hear her appeal, from a date to be set. Interstate judges should be involved, to ensure a fair hearing this time. Judge Michael Brett on 21 March 2019 ruled there was “compelling” evidence that SNF’s original conviction may have been “unsafe”, as lawyers say. In other words, there is evidence that she may well have been as innocent all along as she has always claimed. Friends and family and supporters have known she is innocent for more than a decade, ever since her husband Bob Chappell disappeared on Australia Day night in 2009. He had stayed overnight aboard their yacht, the Four Winds, moored in Sandy Bay to work on electrical problems. At dawn, rowers going out to train discovered the yacht half sunk. Chappell was missing; his body has never been found. Judge Alan Blow, now chief judge of Tasmania, sentenced SNF to 26 years jail with 18 years non-parole when a jury found her guilty after an agglutination of imaginary “facts” and non-happenings concocted by police with febrile imaginations into the criminal charge of murder. -
Political Chronicles
Australian Journal of Politics and History: Volume 54, Number 2, 2008, pp. 289-341. Political Chronicles Commonwealth of Australia July to December 2007 JOHN WANNA The Australian National University and Griffith University The Stage, the Players and their Exits and Entrances […] All the world’s a stage, And all the men and women merely players; They have their exits and their entrances; [William Shakespeare, As You Like It] In the months leading up to the 2007 general election, Prime Minister John Howard waited like Mr Micawber “in case anything turned up” that would restore the fortunes of the Coalition. The government’s attacks on the Opposition, and its new leader Kevin Rudd, had fallen flat, and a series of staged events designed to boost the government’s stocks had not translated into electoral support. So, as time went on and things did not improve, the Coalition government showed increasing signs of panic, desperation and abandonment. In July, John Howard had asked his party room “is it me” as he reflected on the low standing of the government (Australian, 17 July 2007). Labor held a commanding lead in opinion polls throughout most of 2007 — recording a primary support of between 47 and 51 per cent to the Coalition’s 39 to 42 per cent. The most remarkable feature of the polls was their consistency — regularly showing Labor holding a 15 percentage point lead on a two-party-preferred basis. Labor also seemed impervious to attack, and the government found it difficult to get traction on “its” core issues to narrow the gap. -
The Age of Consent: News, Crime and Public Debate
The Age of Consent: News, crime and public debate Claire Konkes, BA Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy (Journalism, Media and Communications) University of Tasmania October 2014 Abstract In 2009 in Hobart, Australia, a 12-year-old ward of the state was advertised in a metropolitan newspaper as an 18-year-old prostitute. The decision to only prosecute one of the 100-plus men estimated to have paid for sex with the child was a scandal that made national headlines. Sustained coverage over the next two years was notable for its representation of community outrage, which included allegations of a cover up involving the highest levels of government and the judiciary. This thesis is both an examination of the news coverage of the controversy and an attempt to theoretically understand the relationship between contemporary journalistic practice, representations of crime and mediatised controversy. Using a methodology that draws on content and frame analysis of news and other texts, and interviews with journalists and their sources, this study seeks to identify the point at which socially useful news coverage of complex legal matters tips into panic (McNair 2006). This investigation examines how Tasmanian media framed the coverage of this matter; how journalist-source relationship informed the coverage; and what journalistic practices and communications strategies contributed to the sense of confusion and distrust that informed the controversy. Its key findings demonstrate the extent to which ideas of news values are both fluid and an important factor in how journalists and their sources identify opportunities for newsmaking, that news coverage and news framing is significantly dependent on the sponsorship of sources, and that these relationships, combined with the communications strategies of government, the judiciary and other actors, contributed to the apparent politicisation and outrage. -
Final Report 'Public Office Is Public Trust'
2009 (No. 24) _______________ PARLIAMENT OF TASMANIA _______________ JOINT SELECT COMMITTEE ON ETHICAL CONDUCT Final Report ‘Public Office is Public Trust’ ______________ Brought up by Mr Wilkinson and presented to the Deputy President of the Legislative Council pursuant to Standing Order 197 (L.C.). ______________ MEMBERS OF THE COMMITTEE Legislative Council House of Assembly Mr Wilkinson (Chair) Mr Best Mr Hall Mr Llewellyn Mr Martin Mr McKim Ms Thorp Mr Rockliff Table of Contents 1 Appointment & Conduct of the Inquiry ................................................. 2 2 Summary of Findings .................................................................................. 5 3 Summary of Recommendations ............................................................ 10 4 Overview.................................................................................................... 17 5 Parliament ................................................................................................. 26 6 Executive ................................................................................................... 50 7 State Service ............................................................................................. 57 8 Auditor-General: Office of the............................................................... 68 9 Ombudsman: Office of the .................................................................... 70 10 Director of Public Prosecutions: Office of............................................. 80 11 Tasmania Police....................................................................................... -
Tasmanian Case of Convicted Murderer Sue Neill-Fraser a Mystery Still”
Networked Knowledge Media Reports Networked Knowledge Sue Neill-Fraser Homepage This page set up by Dr Robert N Moles On 27 November 2016 Patrick Billings and David Killick of the Sunday Tasmanian reported “Tasmanian case of convicted murderer Sue Neill-Fraser a mystery still” One of Tasmania’s most perplexing murder cases began with a pre-dawn call to police about a yacht sitting low in the water off Sandy Bay. As the sun rose over the Derwent on January 27, 2009, officers boarding the 53-foot Four Winds found blood spatter on the stepladder and a knife lying on the floor. A pipe to a toilet had been cut and a ball valve stopcock opened — flooding the boat for the preceding nine to 12 hours. There was no sign of the boat’s 65-year-old co-owner Bob Chappell, who was left aboard by his partner the afternoon before. He has not been seen since. Bob Chappell — the chief radiation physicist at the Royal Hobart Hospital’s Holman Clinic — and Sue Neill-Fraser bought the Four Winds in Queensland in September 2008 for $203,000 and sailed it to Tasmania. The couple was looking forward to taking the yacht on trips near and far once Bob retired, though the boat was plagued with a series of minor problems which quickly took the initial gloss off the purchase. Bob spent Australia Day 2009 tinkering in the vessel’s engine room. The couple had afternoon tea and Sue Neill-Fraser left Bob alone on board, taking the tender and leaving a mobile phone to call in case he needed her. -
7 October 2008
THE PARLIAMENTARY JOINT SELECT COMMITTEE ON ETHICAL CONDUCT MET IN COMMITTEE ROOM 2, PARLIAMENT HOUSE, HOBART, ON TUESDAY 7 OCTOBER 2008. Mr MICHAEL BLAKE, AUDITOR-GENERAL, WAS CALLED, MADE THE STATUTORY DECLARATION AND WAS EXAMINED. CHAIR (Mr Wilkinson) - Welcome, Mike. If you will give us a general overview first, we will then ask you some questions. Mr BLAKE - Thank you for giving me the opportunity to meet with you. I will quickly mention the submission that I made. It was focusing the findings of a report that I had prepared into the global value management matter that I looked into a couple of years ago. The only issue that I think was of relevance to this committee from that review was the need to declare conflicts of interest. As part of that process, I found that the register that is in the Parliament whereby members of parliament declare conflicts of interest was being complied with but I had a problem with how that register dealt with conflicts declared in relation to siblings of members of parliament. Currently the process in this State is for those declarations to be made on a voluntary basis, and I felt that that should perhaps be tightened up. As part of looking into that, I researched a review referred to as the 'Bone Report' - I have a copy of it here, if you wish it. The Bone Report hedged that matter to some extent because it acknowledge the difficulty of dealing with members of family where you are declaring conflicts, particularly as it related to siblings. -
Sentencing Appeals in Tasmania
SENTENCING APPEALS IN TASMANIA RESEARCH PAPER 4 June 2019 About this Research Paper This paper provides information about the operation of appeals against sentence for offenders sentenced under the Sentencing Act 1997 (Tas) from both decisions of magistrates in the Magistrates Court to the Supreme Court (called motions to review), and decisions of single judges in the Supreme Court to the Court of Criminal Appeal (called appeals). Information on the Sentencing Advisory Council The Sentencing Advisory Council was established in June 2010 by the Attorney-General and Minister for Justice, the Hon Lara Giddings MP. The Council was established, in part, as an advisory body to the Attorney-General. Its other functions are to bridge the gap between the community, the courts and the government by informing, educating and advising on sentencing issues in Tasmania. At the time that this research paper was concluded, the Council members were Emeritus Professor Arie Freiberg AM (Chair), Mr Scott Tilyard, Mr Peter Dixon, Ms Kim Baumeler, Ms Rochelle Mainwaring, Ms Jill Maxwell, Professor Rob White, Associate Professor Terese Henning, Ms Kate Cuthbertson, Dr Isabelle Bartkowiak-Théron and Ms Linda Mason SC. This paper was written by Dr Rebecca Bradfield. CONTENTS Glossary ............................................................................................................................ v Executive Summary ......................................................................................................... vii 1 Introduction ............................................................................................................... -
Clarion Issue No 2109 – 01 September 2021
CLArion Issue No 2109 – 01 September 2021 CLA on Facebook: https://www.facebook.com/CivilLibertiesAus/ Email newsletter of Civil Liberties Australia (A04043) Email: Secretary(at)cla.asn.au Web: http://www.cla.asn.au/ ____________________________________________ CLA succeeds in bid to change how the homeless are treated, legally A federal parliamentary committee has adopted entirely a section of a Civil Liberties Australia submission to help the homeless. The federal and state/ territory governments should review public order offences, particularly those punishing homelessness people like rough sleepers, and drastically cut jail time and fines against them. The governments should improve sentencing and bail conditions for such offences and integrate legal, social, health and other agencies to create pathways out of the justice system into the “help” infrastructure. The committee agreed with those recommendations of CLA, as part of proposing a new, 10-year national strategy on homelessness, included in a report by the House of Reps Standing Committee on Social Policy and Legal Affairs released last month. The achievement of securing these aims in the final report belongs to CLA Vice-President Rajan Venkataraman (photo), the prime author of the CLA submission to the inquiry. The committee made 35 recommendation, including to: • focus more on prevention and early intervention, • more widely adopting a ‘Housing First’ immediate priority for the homeless, and • more investing in social and affordable housing. They propose more crisis, emergency and transitional accommodation, improving data collection and reporting, and ensuring that services go mostly to those most in need. Committee Andrew Wallace said a coordinated national approach was needed to bring down the numbers experiencing or at risk of homelessness. -
Joint Select Committee on Ethical Conduct Met in Committee Room 2, Parliament House, Hobart on Friday 27 March 2009
THE JOINT SELECT COMMITTEE ON ETHICAL CONDUCT MET IN COMMITTEE ROOM 2, PARLIAMENT HOUSE, HOBART ON FRIDAY 27 MARCH 2009. Mr JOHN O'DELL WAS CALLED, MADE THE STATUTORY DECLARATION AND WAS EXAMINED VIA PHONE LINK. CHAIR (Mr Wilkinson) - Welcome, John. Are you aware that any information that you give in this next 20 minutes is privileged information? Mr O'DELL - Yes. When I wrote that submission I didn't have anything specific in mind. I was following the pulp mill debate and it seemed to me that the Government of the day at no time was going to follow what it was telling the people. It seemed to me that the powers in the big corporations make governments - not just the Tasmanian Government, all governments, even Rudd now - to quote the guy who chases whales on the Steve Irwin, 'whores to big corporations'. Yet they get out there and say, 'Read my lips. There will be no such and such' and at the same time they are allowing us to be hoodwinked, at our personal physical cost, with chemicals that have been banned in other places. I live on Flinders Island and we have the most beautiful water there. I come from Sydney where you cannot catch fish in the harbour because of pollution by dioxins from various factories - Union Carbide for one - and yet the Government denies it. Then they use taxpayers' money to clean up. They will not own up in peacetime, so how is it going to be if there is a true emergency? The Government will say, 'Everything is fine' and then suddenly we are overrun by another nation or we have run out of fuel and therefore no-one can drive their cars and we are back to the horse. -
Public Sector Executive Appointments
2010 (No. ) 2010 Parliament of Tasmania LEGISLATIVE COUNCIL SELECT COMMITTEE SECOND INTERIM REPORT ON PUBLIC SECTOR EXECUTIVE APPOINTMENTS Members of the Committee Hon Paul Harriss MLC (Chair) Hon Greg Hall MLC Hon Jim Wilkinson MLC Secretary: Dr Colin Huntly 1 May 2010 Legislative Council of Tasmania Table of Contents INTRODUCTION ........................................................................................................ 2 APPOINTMENT AND TERMS OF REFERENCE .................................................. 2 PROCEEDINGS ........................................................................................................ 2 PURPORTED APPOINTMENT OF MR RICHARD MCCREADIE ........................ 4 CHRONOLOGY OF EVENTS .................................................................................. 6 GENERAL DISCUSSION ....................................................................................... 12 Friday, 10 October 2008 ................................................................................ 12 Monday, 13 October 2008 ............................................................................. 12 Tuesday, 14 October 2008 ............................................................................. 13 Wednesday, 15 October 2008 ........................................................................ 13 Thursday, 16 October 2008 ........................................................................... 15 Friday, 17 October 2008 ............................................................................... -
Custody, Arrest and Police Bail
T A S M A N I A LAW REFORM I N S T I T U T E Custody, Arrest and Police Bail FINAL REPORT NO 1 MARCH 2003 Contents Information on the Tasmania Law Reform Institute 2 Background to this report 3 List of recommendations 4 Part 1: Custody and Arrest 5 Part 2: Reasons for Arrest 15 Part 3: Police Bail 20 Appendix 21 1 Information on the Tasmania Law Reform Institute The Tasmania Law Reform Institute was established on 23 July 2001 by agreement between the Government of the State of Tasmania, the University of Tasmania and The Law Society of Tasmania. The creation of the Institute was part of a Partnership Agreement between the University and the State Government signed in 2000. The Institute is based at the Sandy Bay campus of the University of Tasmania within the Law Faculty. The Institute undertakes law reform work and research on topics proposed by the Government, the community, the University and the Institute itself. The Institute’s Director is Professor Kate Warner of the University of Tasmania. The members of the Board of the Institute are Professor Kate Warner (Chair), Professor Don Chalmers (Dean of the Faculty of Law at the University of Tasmania), The Honourable Justice AM Blow OAM (appointed by the Honourable Chief Justice of Tasmania), Paul Turner (appointed by the Attorney-General), Philip Jackson (appointed by the Law Society), Terese Henning (appointed by the Council of the University) and Mr Mathew Wilkins (nominated by the Tasmanian Bar Association). address: Tasmania Law Reform Institute University of Tasmania Faculty of Law Private Bag 89 Hobart, TAS 7001 email: [email protected] telephone: (03) 62262069 fax: (03) 62267623 2 Background to this report The publication of this final report is made following consultation with the public and participants in the Criminal Justice System. -
Uncorrected Proof Issue
UNCORRECTED PROOF ISSUE Tuesday 28 June 2011 - Estimates Committee B (Wightman) - Part 1 LEGISLATIVE COUNCIL ESTIMATES COMMITTEE B Tuesday 28 June 2011 MEMBERS Mr Dean Mr Farrell Mr Finch Mr Gaffney Dr Goodwin Ms Rattray (Chair) Mrs Taylor SUBSTITUTE MEMBERS IN ATTENDANCE Hon. Brian Wightman MP , Attorney-General, Minister for Justice, Minister for Environment, Parks and Heritage Department of Justice Lisa Hutton , Secretary Michael Stevens , Deputy Secretary Robert Williams, Deputy Secretary Greg Partridge , Acting Director of Prisons Chris Jacoora , Department Liaison Officer Kerry Worsley , Manager, Crown Law Jim Connolly , Administrator, Magistrates Courts Mark Cocker , Acting Director, Monetary Penalties Enforcement Service Len Armsby , Director, Office of Legislation Development and Review Norman Reaburn , Director, Legal Aid Commission of Tasmania Elizabeth Knight , Registrar, Supreme Court Chris Batt , Director, Office of Consumer Affairs and Fair Trading Ginna Webster , Director, Community Corrections Stephen Morrison, Director, Finance Debra Rabe , Manager, Victims Support Services Julian Type , Electoral Commissioner Tuesday 28 June 2011 - Part 1 1 Estimates B - Wightman UNCORRECTED PROOF ISSUE Jane Bliss , Acting Registrar, Guardianship and Administration Board, Mental Health Tribunal, Forensic Tribunal Robin Banks , Anti-Discrimination Commissioner Simon Allston , Ombudsman Tim Ellis , Director of Public Prosecutions Barbara Etter , Integrity Commission Department of Primary Industries, Parks, Water and Environment Kim Evans,