JUNE 2008 Pages - Page 2
THIS IS PAGE 2 OF JUNE 2008 PAGES - JUNE0802
THE  HOME  MYTH

Now is not the time to enter into a discussion of what I call the great Australian myth of home ownership.
Suffice it to say that I have rejected the myth and have always been a renter. It is extra-ordinary.
Many bad policy decisions have been made regarding home ownership , which have had a detrimental
impact on resource allocation. There are the grants and exempt taxation status associated with homes.
As a result people pour heaps of money into "home improvements" which do nothing for the economy.
Homes are idle assets. Investing in companies via the stock exchange - companies which provide
employment and economic growth - in my view is a much more responsible use of one's
cash (excess to current requirements). Further, at the end of the day, apart from
taxation consequences, the financial result is similar.

Anyway, stories about nurses being priced out of 93% of the Sydney home-owners market, don't alarm
me at all.
ABC News,
Key workers shut out of Sydney: report , ABC Radio, 2 June 2008.

Robert Gottliebsen has a thesis that "Howards battlers" in the west of Sydney became "Rudd's working families". He says Rudd's working families
have been hit by a triple whammy -- interest-rate/petrol/food hikes
The Fitch Ratings survey of Australian securities mortgages covers about 17 per cent of Australian housing loans or about $160 billion
worth of debt – so it's really meaningful data. The survey, released late last week, found that the proportion of mortgages that were
more than 30 days overdue in the six months to March 31 was only 1.9 per cent overall. However, some of the disaster areas are about
to take on American proportions.
The Fitch’s data was not influenced by the last two official interest rate rises and the extra amounts the banks have added, so in the
current half-year the upward spiral in problem loans will accelerate, as will the fall in house values in the distressed areas. Fitch say
the most pronounced property price declines occurred in south-west Sydney, where property prices fell as much as 30 per cent.
Robert Gottliebsen, The battlers are in trouble , Business Spectator, 2 June 2008.

Just another reason to feel smug about the decision not to be a home-owner.
AND HERE IS ANOTHER : Phillip O'Neill,
Love affair with housing can be a heartbreaker , Camden Advertiser, 3 June 2008.
AND A REASON FOR INNER CITY LIVING : Phillip O'Neill,
Public transport is more than just the ticket, Camden Advertiser, 27 May 2008
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SO  WHERE  IS  ELECTRICITY  PRIVATISATION  UP  TO  ???

QUENTIN DEMPSTER: Let's talk electricity privatisation. Treasurer Costa says the Iemma Government will
now accept the Coalition's privatisation conditions: auditor general oversight, consumer protection and
rural impact statement. So, you are now free to vote. You've won these points; you are now free to vote
for electricity privatisation when it comes to the Upper and Lower House.
BARRY O'FARRELL: Well, Quentin, as you know, on May 8, Andrew Stone and I set out the five community
safeguards we believe were important if we were to support further private sector involvement in electricity
in NSW. I've heard Mr Costa say that the conditions are going to be met, but I also know after 13 years of
experience, as does the public of NSW, that with this Labor Government, the devil is in the detail. And what
we've said, is we want to see those commitments met. If they're not met, we'll be opposing the legislation.
....... But the point, Quentin, is that we've outlined five community safeguards. We've actually put the public
interests first, something Morris Iemma and Michael Costa haven't done because they lied to the public in the
State election campaign; they kept it out of the Federal campaign by ensuring the announcement was after
Kevin Rudd's election and they've refused to engage the public. So, at the current time, they're locked in a
dispute with the union movement, behind closed doors, and wouldn't even tell the Parliament the last time
we sat what was on offer, what inducements and what costs they would cause to taxpayers.
Stateline, An Angry Act , ABC TV, 30 May 2008.

So until the legislation is re-drawn, and it's terms carefully examined,  one cannot accurately predict what the outcome may-be.

For example the requirement that there be a Rural Impact Statement surely must require the RIS to set out the impacts on the rural community of
the exact "privatisation" model to be adopted.  Further, surely it requires the RIS to be presented to parliament and THEN the legislation debated
in light of the RIS, to enable MP's to make an informed decision. Without such a provision, the requirement for a RIs is meaningless.

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WHAT'S  SO  INTERESTING  IN  THE  COVER  OF  THIS  BLACK  BOOK (WITH RED CORNERS) ???
The cover of this closed black (with red corners and spine) book captures the intense
interest of these people.

What's so special about the book cover ???
SUFFER  UNTO  ME  LITTLE  HENSON


Hetty Johnston, executive director and founder of Bravehearts has written an article,
Hetty Johnston: Henson debate a healthy sign, published at crikey.com , on 2 June 2008.

It seems her explanation for pursuing Bill Henson is :

As we see it, this debate is fundamentally around two major issues. It is a contest between those defending the historical rights and
freedoms of the Arts and those defending today’s rights and freedoms of our young. One can not be achieved without the sacrifice of
the other. Too, it is about the law itself – particularly the understood meaning and definitions of the language under the law such as
‘child p-rnography’, ‘sexual context’, ‘intent’, ‘consent’, ‘artistic…public benefit purpose’, ‘dissemination’, ‘possession’. What do these
definitions mean in today’s ever changing technologically charged world? We know that art is no longer confined to the walls of the
gallery, exclusively accessible by only its visitors. Today’s technology means Art is shared or ‘disseminated’ globally within minutes. The
content of these images then attracts a wider audience and also comes under the scrutiny of various jurisdictions and statutes.

One way of interpreting her explanation is that Bill Henson is to be the "bunny" - so she and her organisation can find out what the legal terms
mean and where her organisation stands in relation to pornographers.

So we have one man, who is going to be possibly bankrupted defending himself. We have Hetty Johnston and her organisation who won't spend
one cent, but can rely on the unlimited resources of the state. All this simply to satisfy Ms Johnston's curiosity as to what these legal terms mean,
and where the boundaries are.

Bill Henson is to be the sacrificial lamb.

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INFORMED  CONSENT -

An article written by Roger Trowbridge , Kids are People Too , for New Matilda and published on
30 May 2008, which although written in relation to the Bill Henson debate, echoed some points we
raised earlier about the Children's Tattoos and Piercings Bill currently before the NSW Parliament.

Essentially Mr Trowbridge is saying children are different to each other and they attain levels of
understanding at different times. He is saying , a "one size fits all" approach to children is inappropriate
as it ignores reality.

Looking at the Tattoos and Piercing legislation before the NSW parliament it seems the best approach
would be to provide an escape  hatch from it's "one size fits all". In other words, adopt the arbitrary age
of 16 (as the legislation does) up to which parental consent must be obtained, but put a provision in the
legislation that if a child wants a piercing, but is unable to get parental consent, the child can apply to a
court or tribunal to give consent in place of the parent. The tribunal would only give consent if satisfied
that the child had a sufficient understanding of what was proposed and it's long-term consequences
( a Gillick competency type test).

We suggest such an approach is far better than the "one size fits all" one proposed by the Iemma government. It at least recognises that children
are,people too, and may have all the attributes of a young adult.

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INVESTIGATION  COMPLETED - MATT BROWN  CLEARED  OF  WRONGDOING

The investigation into the causes of the inaccurate pecuniary interest return filed by Housing Minister
Matt Brown MP (Kiama) has concluded. The investigation found the inaccuracies were the result of inadvertent
clerical errors.

The
Illawarra Mercury reports :

NSW Housing Minister Matt Brown appears off the hook after Parliamentary Speaker Richard Torbay yesterday indicated his investigation into inaccuracies
contained in the Kiama MP's pecuniary interest return had been concluded.
Mr Torbay said he was now satisfied Mr Brown's mistakes were clerical rather than deliberate but still took a swipe at the minister who he said had "clearly not
paid attention to important public disclosure processes."
"I have written to him in direct terms about his obligations in future returns and I was waiting for his reply before issuing a statement," Mr Torbay said.
For his part, Mr Brown concedes mistakes were made over the addresses of five of his 14 investment properties, but said he made no apology in investing in
much-needed rental accommodation.
Mr Brown also defended his use of lot and DP numbers as addresses, citing the safety and privacy of his family and himself and those who rented them.
He denied any impropriety, saying his property portfolio was handled through managing agents to "place things at arm's length".
"When the clerical errors were brought to my attention, I immediately began the process of rectifying them and responded to an investigation which consisted of
one complaint from a Sydney television station," Mr Brown said.
"This wasn't news, it was voyeurism," he said.
The minister said he supported the processes of disclosure because the public needed to have confidence that MPs do not use their positions for personal gain.
Paul McInerney, Property dealings: Kiama MP is cleared , Illawarra Mercury., 2 June 2008. p. 3

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COUNCILLOR  WANTS  SHELLHARBOUR  COUNCIL  SACKED

A Shellharbour ALP councillor has told a government inquiry that the Council should be sacked immediately and administrators appointed to take
over for the next four years to allow for systemic problems to be ironed out .

SOURCE :
Sarah Allely,
We should be sacked: Gillett , Illawarra Mercury, 4 June 2008.

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AURUKUN  CHILD  SEX  APPEAL

Last year we wrote about the vicious attacks upon Cairns District Court Judge Sarah Bradley, in relation to her sentencing of defendants in relation
to a child sex case. Judge Bradley ordered convictions not be recorded against six juveniles and gave three other offenders - aged 17, 18 and 25 -
suspended sentences for their involvement in the rape at Aurukun in 2006.

PM Kev the Rev said the sentences handed down  "
disgusted and appalled" him . This year after being shown the Bill Henson photographs by
Hetty Johnston, he described them as "
absolutely revolting". Surprisingly, his reaction appears equal in each circumstance.

Queensland Attorney-General Kerry Shine lodged an application to appeal out of time. That application was granted in February 2008. The appeal
to the Queensland Court Of Appeal against the leniency of the sentence, was heard by a bench of 3 appeal judges, comprising Chief Justice Paul
de Jersey,.Court of Appeal president Margaret McMurdo and Justice Patrick Keane

The hearing  took two days, and the Court of Appeal has reserved it's judgment, which is expected to be handed down shortly.
ADDENDUM :The
judgment will be delivered Friday 13 June 2008 [ see
HERE ]

Appearing for the Attorney-General at the appeal was the Queensland Solicitor-General, Walter Sofronoff QC. Appearing for the offenders was  
Ken Fleming QC,

Mr Sofronoff argued that the Judge had made errors in determining the sentences she imposed. He argued that by an application of correct legal
reasoning the 3 adults should have been sentenced to 7-8 years' gaol, and the juveniles sentenced to 1-3 years.

He argued there were 5 identifiable errors in her legal reasoning, including :
1. The Judge treated all of the defendants equally despite their different ages and criminal histories.
2. She did not explain her reasons for handing out non-custodial sentences.
3. She failed to take into account, or given insufficient weight to the rule of general deterrence.
4.  She had placed too much emphasis on Aurukun's social dysfunction as a reason for the offenders' lack of moral standards.
5. A custodial sentence was appropriate for the rape of a 10-year-old, unless there were exceptional circumstances. There were no exceptional
circumstances in the case

Mr Fleming argued that the sentences were not manifestly inadequate. He further pointed to the fact that the prosecutor had not requested
custodial sentences.  He added that rehabilitation of the offenders was an important consideration.

Whilst awaiting the handing down of the decision it is necessary to bear in mind some general principles (which may not apply in Queensland - as
Queensland is so often out of step in many things) :
a. A sentence appeal should only succeed if the sentence imposed was "outside the range" of permissible sentences.
b. On re-sentencing, the principle of double jeopardy applies. The sentence should only be increased to the very bottom of the permissible range.
Where the defendants have been at liberty pending the appeal, and demonstrated progress in rehabilitation, extreme care must be taken in
imposing a custodial sentence.
SOURCES :
Christine Flatley,
Step closer to jail sentences for Aurukun rapists , Brisbane times, 13 February 2008.
Christine Flatley ,
Judge reserves decision over Aurukun nine , Brisbane times, 15 May 2008.
ABC News,
'Five errors' made in Aurukun rape sentencing , ABC Radio, 13 May 2008.
ABC News,
Jailing Aurukun rapists could act as 'circuit breaker' , ABC Radio, 14 May 2008.
Sarah Elks,
Rapists of girl, 10, `should be jailed' , The Australian, 14 May, 2008. p. 17.

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DUBBO  HYDRO-THERAPY POOL GETS  LEGS

A development application for the construction of a hydrotherapy pool at Lourdes Hospital, Dubbo is expected to be lodged shortly with construction
set to commence in April 2009.
Lourdes pool ready for council approval , Dubbo Daily Libeal, 3 June 2008.

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IS  BEN  SHIELDS  READY  TO  BRANCH  STACK ???

Under cover of parliamentary privilege Dawn Fardell MP (Dubbo) claimed that Ben Shields was not attending to his duties
as a Dubbo City councillor - he was too busy "branch-stacking" . However, her character assassination of him was wrong. He was
not involved in branch stacking, in fact there was no branch of the Liberal Party in Dubbo. Her attack may have been politically
motivated, as it was made in the run up to the 2007 election and Mr Shields was rumoured to be seeking Liberal Party endorsement
for the seat of Dubbo.
Mr Shields now says he is supportive of a merger of the Liberal and National parties. Is he preparing to branch stack - at least in the fertile
imaginations of some people ?
SOURCES :
Lynton Grace,
Coalition on shaky ground , Dubbo Daily Liberal, 2 June 2008.
Dawn Fardell MP,
Dubbo Police and Community Youth Club, NSW LA Hansard, 5 September 2006.
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