Annual Report
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Sydney Law Review
volume 40 number 1 march 2018 the sydney law review articles The Noongar Settlement: Australia’s First Treaty – Harry Hobbs and George Williams 1 Taking the Human Out of the Regulation of Road Behaviour – Chris Dent 39 Financial Robots as Instruments of Fiduciary Loyalty – Simone Degeling and Jessica Hudson 63 “Restoring the Rule of Law” through Commercial (Dis)incentives: The Code for the Tendering and Performance of Building Work 2016 – Anthony Forsyth 93 In Whose Interests? Fiduciary Obligations of Union Officials in Bargaining – Jill Murray 123 review essay Critical Perspectives on the Uniform Evidence Law – James D Metzger 147 EDITORIAL BOARD Elisa Arcioni (Editor) Celeste Black (Editor) Emily Hammond Fady Aoun Sheelagh McCracken Emily Crawford Tanya Mitchell John Eldridge Michael Sevel Jamie Glister Cameron Stewart Book Review Editor: John Eldridge Before the High Court Editor: Emily Hammond Publishing Manager: Cate Stewart Editing Assistant: Brendan Hord Correspondence should be addressed to: Sydney Law Review Law Publishing Unit Sydney Law School Building F10, Eastern Avenue UNIVERSITY OF SYDNEY NSW 2006 AUSTRALIA Email: [email protected] Website and submissions: <https://sydney.edu.au/law/our-research/ publications/sydney-law-review.html> For subscriptions outside North America: <http://sydney.edu.au/sup/> For subscriptions in North America, contact Gaunt: [email protected] The Sydney Law Review is a refereed journal. © 2018 Sydney Law Review and authors. ISSN 0082–0512 (PRINT) ISSN 1444–9528 (ONLINE) The Noongar Settlement: Australia’s First Treaty Harry Hobbs and George Williams† Abstract There has been a resurgence in debate over the desirability and feasibility of a treaty between Aboriginal and Torres Strait Islanders and the Australian State. -
Extract from Hansard [ASSEMBLY — Thursday, 17 February 2011] P641b
Extract from Hansard [ASSEMBLY — Thursday, 17 February 2011] p641b-673a Mr John Quigley; Mrs Michelle Roberts; Mr Peter Tinley; Mr Eric Ripper; Mr Fran Logan; Mr Murray Cowper; Mr Ben Wyatt; Mr Peter Watson; Ms Adele Carles; Mr Mick Murray PREMIER’S STATEMENT Consideration Resumed from 16 February on the following question — That the Premier’s Statement be noted. MR J.R. QUIGLEY (Mindarie) [9.31 am]: Mr Speaker, I would like to make a speech concerning policing in Western Australia. At the outset, I preface my speech by saying that I have the utmost respect and admiration for the thousands of brave and conscientious police officers who police Western Australia, and who, by their devotion to duty, secure the streets so that they are safe enough for my wife and my children to walk about without the expectation of being assaulted or otherwise endangered. I thank all those officers who serve in the traffic branch and who stay up all night in difficult conditions, patrolling our streets to keep the streets safe enough for me to drive home with the expectation that I will not be killed by a hoon. I thank all of those officers serving in crime command who work so valiantly detecting crime by organised criminals and others, and who have achieved such remarkable results, especially in the interdiction of drug laboratories. They have made big inroads into the amphetamine trade in Western Australia. Finally, I thank, also, those officers of this state, including the undercover officers, who on a daily basis put themselves in danger by engaging with organised criminals and bikie gangs to bring evidence before the courts that will see these people prosecuted. -
Mr Phone Kyaw Chief Executive Officer Mining Watch Myanmar Inc
Your ref MWM – 00083 - 2021 Our ref A19214723 WS0012/2021 Enquiries Lorraine Field 6251 2302 Mr Phone Kyaw Chief Executive Officer Mining Watch Myanmar Inc. Email: [email protected] Enter Locality State Postcode Dear Mr Kyaw MINING WATCH MYANMAR INC – SEEKING WORK EXPERIENCE Thank you for your correspondence of 4 March 2021 to the Hon Bill Johnston MLA, seeking work experience opportunities in Western Australia for geologists, geo-tech engineers, surveyors and mining engineers from Myanmar. As the Western Australian Government is still in the process of confirming a new Cabinet after the recent State Election, Minister Johnston asked me to reply directly to you, in my capacity as the Deputy Director General Safety Regulation at the Department of Mines, Industry Regulation and Safety. I am advised that on 8 July 2020 you wrote to Minister Johnston; the Hon Peter Tinley AM MLA, Minister for Asian Engagement; and the Hon Roger Cook MLA, Deputy Premier of Western Australia, seeking assistance in relation to training miners and directors of the Myanmar government about mining safety, occupational safety and health and environmental management. Minister Johnston replied to this request on 26 August 2020, advising of the sanctions imposed by the Australian Government including “restrictions on the provision of certain services”, and recommending that you contact the Australian Government’s Department of Foreign Affairs and Trade (DFAT), through the Embassy of the Republic of the Union of Myanmar (Embassy of Myanmar), both based in Canberra. I note that in your 4 March 2021 correspondence, you propose a work experience arrangement for professionals who will then work as volunteers at Mining Watch Myanmar Inc., to address mining industry issues in Myanmar. -
P77c-137A Mr Colin Barnett
Extract from Hansard [ASSEMBLY — Tuesday, 16 February 2016] p77c-137a Mr Colin Barnett; Mr Roger Cook; Mrs Michelle Roberts; Mr Mark McGowan; Mrs Liza Harvey; Dr Tony Buti; Mr Peter Tinley; Mr Ben Wyatt; Ms Rita Saffioti; Mr Bill Johnston; Mr Peter Watson; Mr Paul Papalia; Mr Shane Love; Mr Dave Kelly; Ms Lisa Baker; Ms Libby Mettam PREMIER’S STATEMENT Presentation MR C.J. BARNETT (Cottesloe — Premier) [3.16 pm]: I rise to outline the Liberal–National government’s legislative and policy agenda for 2016—the eighth year of the government and the final year of the thirty-ninth Parliament. Bushfires: Unfortunately, once again I begin this Premier’s Statement noting the tragic consequences of recent major bushfires across the state. In November, fires near Esperance claimed four lives and burned more than 260 000 hectares of farm and bushland. In January, a massive fire near Waroona claimed two lives and razed the town of Yarloop, destroying some 181 homes and businesses. The effects of such devastation are heartbreaking, not least for the family and friends of those who died but also for the people who lost homes, animals and treasured possessions. I acknowledge and thank the efforts of all who fought the fires and the many thousands who supported those firefighting efforts, including volunteers. The government has appointed Euan Ferguson, former head of the Victorian Country Fire Authority and the South Australian Country Fire Service, to thoroughly investigate the response to the Waroona fire. The terms of reference for the investigation are wide enough to address issues relevant to the Esperance fire and other major events. -
Ms Rita Saffioti
Extract from Hansard [ASSEMBLY — Tuesday, 22 May 2012] p2940a-2989a Mr Christian Porter; Mr Roger Cook; Ms Rita Saffioti; Mr John Kobelke; Mr Fran Logan; Mr Peter Watson; Mr Chris Tallentire; Mr David Templeman; Dr Tony Buti; Mr Andrew Waddell; Mr Paul Papalia; Mr Peter Tinley APPROPRIATION (CONSOLIDATED ACCOUNT) RECURRENT 2012–13 BILL 2012 APPROPRIATION (CONSOLIDATED ACCOUNT) CAPITAL 2012–13 BILL 2012 Declaration as Urgent On motion by Mr C.C. Porter (Treasurer), resolved — That in accordance with standing order 168(2), the Appropriation (Consolidated Account) Recurrent 2012–13 Bill 2012 and the Appropriation (Consolidated Account) Capital 2012–13 Bill 2012 be considered urgent bills. Cognate Debate Leave granted for the Appropriation (Consolidated Account) Recurrent 2012–13 Bill 2012 and the Appropriation (Consolidated Account) Capital 2012–13 Bill 2012 to be considered cognately, and for the Appropriation (Consolidated Account) Recurrent 2012–13 Bill 2012 to be the principal bill. Second Reading — Cognate Debate Resumed from 17 May. MR R.H. COOK (Kwinana — Deputy Leader of the Opposition) [4.19 pm]: I am very pleased to be the first member on this side to respond to the Treasurer’s speech on the Appropriation (Consolidated Account) Recurrent 2012–13 Bill 2012 and the Appropriation (Consolidated Account) Capital 2012–13 Bill 2012, but I note that I am not the lead speaker. That will in fact be the Leader of the Opposition, who will address the chamber tomorrow as he advised earlier. I would like to make some comments about the health component of the state government’s budget and reflect, time allowing, on some of the deficiencies that I see in this budget with respect to my electorate of Kwinana. -
2019-20 CPSU/CSA Annual Report
2019-20 CPSU/CSA Annual Report Report prepared by: Community and Public Sector Union/ Civil Service Association of WA Executive summary_ The 2019/20 Annual Report outlines the activities of the Community and Public Sector Union/Civil Service Association of Western Australia (CPSU/CSA) for the past financial year, which was unique in the history of our union. COVID19 changed our lives and challenged the public sector in previously unimaginable ways. In this uncertain time, CPSU/CSA members have provided security and stability to Western Australians who rely on public services. As the public health emergency unfolded in early 2020, members across the sector adapted to deliver high-quality, vital services in a rapidly evolving context. Together with workplace delegates and union staff, they also worked tirelessly to protect the conditions, health and safety of public sector workers across the state. Important fights were won in workplaces for social distancing protections, remote work arrangements, and personal protective equipment. The cumulative effect of this work was the establishment of new standards and conditions, significantly including 14 days of paid coronavirus leave for WA public sector workers. This has enabled employees including casuals to self-isolate without being financially disadvantaged and, in doing so, protect the health and safety of their colleagues by limiting the risk of COVID19 transmission in the workplace. As the crisis eased in WA, the CPSU/CSA contributed to the Government’s review of the COVID19 response and plans for social and economic recovery. Union staff drew on information from more than 3000 member interactions over the three months from March to June 2020 to provide input to round-tables and other consultative forums on; Health, Mental Health, Training, and Workforce Development, Women, Regional Communities, Vulnerable People, Housing and Construction and public sector capacity. -
STATE GOVERNMENT BOARDS and COMMITTEES REGISTER Minister Portfolio Board Total No [295]
STATE GOVERNMENT BOARDS AND COMMITTEES REGISTER Minister Portfolio Board Total No [295] Hon Roger Cook MLA Health [91] Animal Resources Authority Board Armadale District Aboriginal Health Action Group Armadale Mental Health Service Consumer Advisory Group Bentley District Aboriginal Health Action Group Bentley Health Service Mental Health Consumer Advisory Group BreastScreen WA General Practitioner Advisory Committee CAC: Armadale Health Service (AHS) Community Advisory Council CAC: Bentley Health Service (BHS) Community Advisory Council CAC: Community Advisory Committee, Rockingham General Hospital CAC: Community Advisory Council (CAC) CAC: King Edward Memorial Hospital Community Advisory Committee CAC: NMAHS Area Community Advisory Committee CAC: Osborne Park Hospital Community Advisory Council CAC: Royal Perth Hospital Community Advisory Council Cannabis-Based Products Assessment Panel Minister Portfolio Board Total No [295] Hon Roger Cook MLA Health [91] Cardiovascular Health Network Executive Advisory Group Child and Adolescent Health Service Provider Board Department of Health WA Human Research Ethics Committee (DOHWA HREC) DHAC: Blackwood District Health Advisory Council DHAC: Broome and Surrounding Communities District Health Advisory Council DHAC: Bunbury District Health Advisory Council DHAC: Central Great Southern District Health Advisory Council DHAC: Derby and Surrounding Communities District Health Advisory Council DHAC: Eastern District Health Advisory Council DHAC: Gascoyne District Health Advisory Council DHAC: Geraldton -
Annual Report 2018–2019
Department of the Premier and Cabinet Annual Report 2018–2019 Working Together dpc.wa.gov.au Produced and published by The Department of the Premier and Cabinet Principal address: Dumas House 2 Havelock Street West Perth WA 6005 Postal address: Locked Bag 3001 West Perth WA 6872 Telephone: (08) 6552 5000 Fax: (08) 6552 5001 Email: [email protected] ISSN (Print): 1448-7306 ISSN (Online): 1448-7314 Acknowledgement of Country The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present. Contents » Statement of Compliance 4 » About this Report 5 » Director General’s Overview 6 About the Department 8 » Senior Officers 10 » Departmental Composition in 2018-19 12 » Strategic Plan 2018-19 14 » Performance Management Framework 15 » Key Service Areas 16 » Internal Governance 18 » Administered Legislation 23 Agency Performance 24 » A Strong Economy 26 » A Bright Future 30 » A Safer Community 31 » A Liveable Environment 33 » Aboriginal Wellbeing 36 » Regional Prosperity 38 » Engaging with the Community 40 Significant Issues Impacting the Department 44 Disclosures and Legal Compliance 46 » Independent Auditor’s Report 47 » Certification of Financial Statements 52 » Notes to the Financial Statements 59 » Certification of Key Performance Indicators 93 » Performance Snapshot for 2018-19 94 » Audited Key Performance Indicator -
WA Key Insights from Stakeholder Engagement COVID-19 Pandemic
WA Key Insights from Stakeholder Engagement COVID-19 Pandemic 30 June 2020 Contents Executive summary 3 Building confidence 5 Safeguarding the workforce now and into the future 9 Community wellbeing and resilience 12 Going digital 14 Partnership and collaboration 16 Regional focus 18 List of participants 21 Acknowledgement of Country: “The State Recovery Advisory Group includes The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of Aboriginal communities and their representatives from a wide range of cultures; and to Elders past, present and emerging. © State of Western Australia 2020 important sectors. The Group’s experience, There is no objection to this plan being copied in whole or part provided there is due acknowledgement of any material quoted or reproduced. knowledge and expertise are vital to help lead Published by the Department of the Premier and Cabinet, Western Australia, July 2020. Western Australia’s recovery from the wide- This report is available at WA.gov.au. ISBN 978-0-7307-0289-4 ranging impacts of the COVID-19 pandemic.” Mark McGowan MLA, Premier of WA 2 Executive summary To better understand the wide-ranging On 27 May 2020, the State Government The challenges were related to the recovery impacts of the COVID-19 pandemic and established the State Recovery Advisory Group areas of health, economic and infrastructure, identify recovery opportunities, during June to provide high level and strategic advice on the social, industry, and regions. A sixth challenge 2020 the State Government captured the views impacts of the COVID-19 pandemic, as well as relating to the public sector was open to public of Western Australians through a range of challenges and opportunities for recovery. -
Political Chronicles Commonwealth of Australia
Australian Journal of Politics and History: Volume 53, Number 2, 2007, pp. 281-336. Political Chronicles Commonwealth of Australia July to December 2006 JOHN WANNA Australian National University and Griffith University Howard’s Divisive Style Comes to the Fore: Never Recant, Never Stand-down, Gradually Give Ground Questioned in late 2006 over the wisdom of invading Iraq, Prime Minister John Howard insisted he did not agree with those who went about “recanting everything they supported when they were in positions of authority”. He argued that […] in public life you take a position, and I think particularly of the decisions I have taken in the time I have been prime minister. I have to live with the consequences of those both now and into the future. And if I ever develop reservations, I hope I would have the grace to keep them to myself, because I think you take a position and you have got to live by that and be judged by it (Australian, 22 November 2006). His message was simple: if he had any personal reservations about invading Iraq he was not about to admit it or to say sorry. By late 2006, the Iraq occupation increasingly overshadowed the internal politics of both the US and the UK, but in Australia the quagmire of Iraq was a far less potent political factor. As one of the original “coalition of the willing”, Howard was implicated in the decision but had far less at stake than the other leaders and no list of casualties to inflict political pain. Moreover, the Labor opposition had not managed to turn the unpopular war into a political positive for itself. -
Extract from Hansard [ASSEMBLY — Thursday, 16 June 2016] P3625a
Extract from Hansard [ASSEMBLY — Thursday, 16 June 2016] p3625a-3653a Mr Ben Wyatt; Mr Colin Barnett; Acting Speaker; Mr Peter Tinley; Mr Peter Watson; Mr John Quigley; Mr Tony Krsticevic; Dr Mike Nahan; Mr Shane Love; Mr Dave Kelly; Speaker; Mr Mick Murray APPROPRIATION (CAPITAL 2016–17) BILL 2016 Third Reading Resumed from an earlier stage of the sitting. Ms J.M. FREEMAN: I was speaking on the Public Transport Authority of Western Australia’s budget line item for the Metro Area Express light rail. Given that there is a line item for the MAX light rail and there is no funding for any of the buses that the Minister for Transport spoke about, it begs the question whether the line item was left in for the purposes of the election in March 2017. While the Premier is in the house, going into an election is it the Liberal–National government’s intention to again seek to dupe the people of the Mirrabooka electorate by again promising the MAX light rail? Frankly, there has been no indication at all from the Minister for Transport that the MAX light rail project will proceed. In fact, he has said in media statements that the people in the area can have the same experiences with buses. However, there is no indication of that same experience if members look at the department’s submission to Infrastructure Australia for federal funding for Perth light rail. The SPEAKER: Members, people cannot hear. If you want to have meetings, go outside. Ms J.M. FREEMAN: Mr Speaker, you know that the MAX light rail corridor was deemed to include services to an area that you represent—Mount Lawley. -
TIGER, TIGER, BURNING BRIGHT? Western Australia’S Trade and Economic Development with Asia
Program Business tariffs A comparison of business electricity tariffs over time is shown in Figure 31 for small and medium businesses using metropolitan prices obtained from the By-laws. A similar pattern to residential electricity prices is observed for WA businesses across the 2009-2015 period. A general increase in business electricity tariffs is observed, particularly for medium size businesses using more than 50 megawatt hours per annum. These businesses have seen tariffs increase considerably between 2011 and 2012, with the fixed daily charge increasing by 11 cents from 38 to 49 cents per day. Since 2012, prices have risen more steadily. Small businesses (those using less than 50 megawatts per annum) have also seen an increase in prices – a 50 per cent increase between 2009 and 2015 - from 28 to 42 cents.centnationally. forusingcentnationally. BANKWEST CURTIN ECONOMICS CENTRE TIGER, TIGER, BURNING BRIGHT? Western Australia’s trade and economic development with Asia Focus on Western Australia Report Series, No. 5 September 2015 Report Launch - Program Wednesday 16 September 2015 from 7:30am until 9:00am The Hyatt 99 Adelaide Terrace, Perth #tradewithasia About the Bankwest Curtin Program Economics Centre The Bankwest Curtin Economics Centre is an independent economic 7:15am Registrations open and social research organisation located within the Curtin Business School at Curtin University. The centre was established in 2012 7:30am Guests seated and welcomed by MC Gareth Parker through the generous support from Bankwest (a division of the Breakfast is served Commonwealth Bank of Australia), with a core mission to examine 7:40am Introduction the key economic and social policy issues that contribute to the Anthony Vella Head of Strategy, Bankwest sustainability of Western Australia and the wellbeing of 7:50am Report Launch WA households.