DECEMBER 2008 Pages - Page 1
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SUMMER ARRIVES ON A MONDAY MORNING
It's Monday morning 1 December 2008 - the first day of summer. We thought it best to start this day with "Monday" songs.












































A QUESTION OF SEMANTICS
Seemingly Clover Moore MP is in "hot water", but on further examination it seems there is no water and if there is any water, it is at room
temperature. Whoever is running the "story" presumably has a lot of spare time on their hands, and with nothing better to do, seemingly are trying
to play mind games with Ms Moore.

You see the Code of Council Conduct has been interpreted to mean :

"[If] a single donor contributes more than $1000 over four years to an individual councillor or their 'official agent', then the conflict of
interest is a 'significant non-pecuniary conflict of interest', which must be declared and the councillor must absent self from debate and
vote."

The real question is :
What do the words "absent from debate and vote" mean ?

Does that mean the Councillor must physically leave the room whilst the issue is being discussed ?
OR is it sufficient if the Councillor remains in the room but does not engage in the debate and does not vote on the motion ? Further, in the case
of a chairman of a meeting, is that Councillor's chairmanship of the meeting without engaging in the debate (like a Speaker in the  parliament) -
impermissibly engaging in the debate - simply by chairing the meeting  ?

Minds may differ on exactly what the Code of Conduct requires. For that reason, the way the "attacker" has presented the attack misses the mark.
It may have been preferable if the "attacker" had initiated a generalised discussion of whether it is necessary to physically leave the room to
comply with the code. Presumably the "attacker" is not really interested in matters of general application or the "true" principle involved
. It appears the "attacker" is more interested in grubby personal politics. Perhaps the attacker has had a lifetime experience of negative, grubby,
in the gutter style personal politics. Indeed the "attacker" may have built a whole career on being a bitch.

However there seems no logical reason why a person, disqualified from voting or engaging in debate, breaks the Code by staying in the room
(provided they don't talk for or against the motion or speak to the motion). Along the same lines of thinking, it would seem there is no logical
reason why the councillor could not chair the meeting (provided the chair does not speak to or for the motion or speak to it at all, does not vote
on the motion and merely does such things as calling on speakers, ruling on any points of order and declaring the result of the votes of the
remaining councillors).

IF someone can tell us our interpretation  is wrong, and validly quote chapter and verse why we are wrong - we would be happy to concede the
point . However  we suspect there is no hard and fast rule and that until some body with authoritative powers declares that a person must leave
the room entirely in order to comply with the Code of Conduct, there will always be conjecture as to what exactly it means. To be sure, leaving the
room entirely, might be a wise move to make because it leaves no room for anyone to impugn one's conduct. However, we do not believe the
Code requires that be done.
see : Malcolm Knox , Moore's donor vote broke council code , Sydney Morning Herald, 1 December 2008.


NSW LABOR - THE VIPER'S PIT FIGHTS ON
The Viper's Pit, more well known as the NSW Parliamentary Labor Party, has a challenging week ahead.
The Premier may get rolled in his choice of John Robertson MLC for cabinet, with some predicting either Tanya Gadiel MP or Steve Whan MP
"getting" the job.
Also Graham Head who was virtually sacked from a deputy director-general role in the Office of Premier's Department by new public service boss
John Lee, has been appointed head of the Commerce Department - the job previously held by Mr Lee. Some claim he got the appointment
because Carmel Tebbutt was angered at his "sacking".
A government at odds with one another, totally out of control and a bl**dy circus to boot.
see : Simon Benson , MPs to defy NSW Premier Nathan Rees over John Robertson , Daily Telegraph, 1 December 2008.

THE FLOW ON EFFECT
Some months ago we spoke of the well known principle in the complaints industry - the "flow on " effect - which is essentially a derivative of the
saying "Where there's smoke there's fire".
Of this genre, it seems the flow on effect is in operation in Wollongong where a doctor has been charged with new sexual offences. These
charges follow previous charges which were given a great deal of publicity earlier in the year.
Of course the doctor is entitled to the presumption of innocence so it is not known whether this is a case of the "flow on" effect at work (truthful
allegation) or the "bandwagon" effect (also well known in the complaints industry) where people try and take advantage of the flow on effect and
make false allegations - usually out of a motive related to personal gain.
See : Mario Christodoulou , New sex claim against Wollongong doctor , Illawarra Mercury, 29 November 2008.

MICHAEL KUTSCHERA SENTENCED : 20 YRS GAOL
Michael Kutschera was sentenced to 20 years gaol for the murder of Lukas Gleeson at Muswellbrook on 21 July 2007 by Justice Elizabeth
Fullerton in the Supreme Court at Newcastle on Friday 28 November 2008.
The full term of imprisonment was 26 years 8 months, but we understand Michael Kutschera will be eligible for parole after serving 20 years.
Justice Elizabeth Fullerton is the judge hearing the David Gregory v State of New South Wales case, in which a former pupil of Farrer School at
Tamworth is seeking damages for the consequences of bullying perpetrated against him when he was a pupil at that school 1991-1996.
see : Ingrid Bown, 'Callous' Muswellbrook killer jailed , Newcastle Herald, 29 November 2008.

HANDWASHING - EMPHASISED AGAIN
Peter Garling in his report on NSW Health said :
"A sizeable proportion of them trail infection around like sparks in a dry wheat field on the black soil plains at Mullaley."

Interestingly, hand-washing is a topic which receives a huge emphasis at TAFE level, being drummed into students incessantly, from both a
theoretical and practical level, but at University level, does not receive as much attention.

Why is this so and what does it tell us about the different tiers of education ?
see : Andrew Clennell , Colourful phrases can't hide the gloom , Sydney Morning Herald, 28 November 2008.

BACK-FLIP BOSCA
The Rees government lurches from one policy position to another, often doing a 180 degree policy change. It is a government made up of
ministers who are not in control but who are controlled by events/other people. In short, it is a government which has reached the end of it's line. It
is like a cork in the ocean, buffeted by every wave, without any grand plan as to where it wants to go, and certainly no idea of how to get there.
Some old hands have suggested the Rees government makes the Unsworth government look "professional" by comparison.
see : Alexandra Smith , Minister does a U-turn on rescue by ambulances , Sydney Morning Herald, 2 December 2008.

REES STYMIED & PARALYSED FROM ACTING
The Rees government is "down" 2 ministers - one for dancing on a parliament house lounge in his Y-fronts on budget night and another for telling
the Premier nothing inappropriate happened between him and a staffer at a dinner, when it seems at least there are substantial allegations that
"something" inappropriate happened.
However, Rees is stymied from replacing the ministers because he knows the selection of the new ministers will set off a new round of Viper Pit
backstabbings and recriminations. Thus Rees is spinning it that he is in no hurry to replace the sacked ministers.
However, as everyone knows, when a football team loses 2 of it's players because they were yellow carded, the team can carry on for a while and
hold things together, but eventually the extra burden placed upon the remainder of the team left on the field, causes the team to weary and the
whole edifice comes crashing down.
Perhaps Rees thinks it better that his existing Ministry weary, crash and burn - because then it will look like the disaster arose from "natural
causes", rather than the whole government crash and burn because of another round of Viper Pit animosity.
The circus continues............
SOURCES :
ABC News, Rees 'won't be rushed' into filling Cabinet vacancies , 1 December 2008.

NSW - STATE OF MATES
Premier Nathan Rees has reversed a 10 year policy of former premier (and now Macquarie Bank employee) Bob Carr abolishing overseas trade
posts because they were a waste of money.
Rees will reinstate NSW trade posts overseas. He says they are vital to enable NSW companies follow up and chase down business opportunities
overseas (one wonders why the federal Department of Foreign Affairs and Trade is incapable of providing such assistance - after all they are
professionals ).
However, Malcolm Colless, writing in the Australian newspaper says " it would not be unreasonable for the electorate to take the view that this is
just an excuse to park Labor's time-serving mates, who might be out of a job in the top end of its bloated bureaucracy, in plush, taxpayer-funded
armchairs while they await retirement. "
NOT unexpectedly we learn a Ministers wife has been appointed to a $110,000 a year job as the Minister's " principal ministerial and executive
support officer ".
However Alex Mitchell says that having his wife on "the team" is the least of Macdonald's worries.
Macdonald is still fielding questions in parliament about his association with Chinese entrepreneur Alan Fang, boss of the Tianda Group.
Fang attended Macdonald's wedding and chaperoned him around China earlier this year during an official trade mission headed by then
NSW Premier Morris Iemma. Macdonald created an extraordinary travel precedent when he accepted a trip on a private charter from
Shenzen to Lanzhou, capital of Gansu Province, paid for by Fang to meet the local Communist Party chiefs. Fang accompanied minister
Macdonald during official meetings even though he is a private lobbyist for mining interests.

see : Malcolm Colless , More cushy jobs for Labor mates , The Australian , 2 December 2008.
Simon Benson , Top job goes to minister's wife , Daily Telegraph, 2 December 2008 .
Alex Mitchell, NSW Minister and wife in cosy jobs affair , Crikey.com, 2 December 2008.

GOD HELP THE CORPORATES - NO ONE ELSE WILL !!!
One cannot help but feel sorry for Australia's large corporate clients, who gravitate towards legal firms with plush offices, fancy websites boasting
of the partner's "expertise" and hourly rates (charged in units of 6 minutes) starting around the $400 - $500 mark. One has to wonder whether
they are getting value for money - or are buying a feel good experience.
For example take these paragraphs from an affidavit sworn by a partner of a Sydney CBD based firm, which sees itself as one of NSW's, if not
Australia's leading law firms.

31. I was informed by my wife who told me that she was present at all times during the [work] and that Mr [Doe] was not at anytime present on the
Premises.
38. ........Enquiries made by me of Ms [Buck] revealed also that [Santa Corporation] has received numerous reports from [people in a particular
area] expressing dissatisfaction as to their dealings with Mr [Doe] and the [ supply of the goods and services ] by the plaintiff [Mr Doe's company],
though Ms [Buck] declined to comment or offer an opinion on the nature of those reports.

21. Shortly afterwards, I recall a conversation I had with Mr [Reindeer] the [person] who referred Mr [Doe] to us.
22. Mr [Reindeer] confirmed to me that the plaintiff [Mr Doe's company] supplied [similar goods and services to him] and this included the
installation of [an add on].
23. I recall Mr [Reindeer] also confirming to us that Mr [Doe] supplied [similar goods and services] [on the same] arrangements offered to us......

These are just a few examples of the paragraphs in a 72 paragraph affidavit sworn by the CBD partner. The balance of the affidavit relates
largely to conversations between the partner and Mr Doe. The conversations are recorded in the main in the format of :
Mr Doe informed us that he would (X) and we told him (Y). He then advised us (z)..

We are informed that at least 70% of the contents of the affidavit will be "struck out" (in other words a black line will be ruled through them) and
the judge will not even read the blacked out bits. So effectively, 70% of the work done has been a complete and utter waste of time and effort.

One wonders what corporate clients are really paying for, and whether it might be more appropriate for the "leading law firm" to be offering their
client's a 70% reduction in the fees they charge.


SPEAKER TO CONDUCT INVESTIGATION INTO INCIDENT
Apparently an "incident" happened in the NSW Parliament about 10.30pm on Tuesday 2 December 2008.
Speaker Richard Torbay MP said :
"I can confirm there was an incident, I have sought a copy of the recording and I can confirm an incident did occur while I was in the chair. I intend
to investigate the matter,"

Clearly there was an incident - that's definitely been confirmed - several times by the Speaker.
Just goes to show that parliament watchers like ourselves should not keep family friendly hours. It seems the best bits happen after the kiddies
bedtime.
LATE NEWS : Andrew Fraser has resigned as a Shadow Minister.
see : Andrew Clennell , MP quits after 'shoving' female MP in Parliament , Sydney Morning Herald, 3 December 2008
Andrew Clennell and Alexandra Smith , Push comes to shove as Fraser axed , Sydney Morning Herald, 3 December 2008.

NIGEL BRENNAN UPDATE
The Calgarry Herald reports :
An Alberta journalist being held hostage in Somalia is reportedly fine and being treated well, despite the fact more than a month has
passed since the ransom deadline for her release.
Some talks are going on between local authorities and the group that kidnapped Sylvan Lake freelance journalist Amanda Lindhout,
Australian photojournalist Nigel Brennan and Somali fixer and photojournalist Abdifatah Mohammed Elmi, but things are moving slowly,
said Leonard Vincent, Africa desk chief of Paris-based reporters without Borders. "What we can confirm is they are fine, in the same
place and in the hands of the same group."