| JUNE 2008 Pages - Page 3 |
| THIS IS PAGE 3 OF JUNE 2008 PAGES - JUNE0803 |
THE THREE MONKEYS
Last year we had written about the re-trial of charges of conspiracy to import cocaine (with an estimated value of
$2.1 million) against Ricky Montgomery, Bradley James Evans and Hayden Rogers before a jury of 12, presided
over by Judge Peter Zahra in the Sydney District Court, based on information supplied by our then intrepid
court reporter - who has since left our "employ" for more financially rewarding pursuits.
Eventually, after a trial of almost 5 months duration, in November 2007, the jury after deliberating for 4 hours, found
all three men guilty. They were remanded in custody pending a sentencing hearing in March 2008. Unfortunately, we
do not have details of the sentencing outcome, and will try and track that down.
One of the major players in the police investigation which led to the arrest of the 3 men, was a Mark Standen, a senior officer of the NSW Crime
Commission.
Tonight, Mr Standen is enjoying the same hospitality of the NSW Corrective Services as provided to the three men he was instrumental in locking
up, pending his bail hearing on 11 June 2008. Unbeknown to him, and the community generally, throughout the trial last year (and indeed since
May 2007 until his arrest on 2 June 2008) he was under surveillance by Australian Federal Police in relation to a plan to import into Australia
material which could be manufactured into "ice". The value of the "ice' to be manufactured is estimated at $120million.
Mr Standen is entitled to the presumption of innocence.
SOURCES :
Geesche Jacobsen , Crime body investigates hung jury case , Sydney Morning Herald, 27 November 2008. p.3.
Lisa Davies, Drugs gang guilty - Cocaine plot, Daily Telegraph, 27:November, 2007, p. 16.
Neil Mercer, `I will destroy your life' - Court told of police threats, Sunday Telegraph, 11 November, 2007, p. 27
Neil Mercer, Jury tamper claim anger - Judge lashes crime commission inquiry as `misguided':, Sunday Telegraph, 2 :December, 2007, p. 31
Kara Lawrence, Duped by top grade scam, Daily Telegraph, 10:March, 2008, p. 8 .
Les Kennedy, Kate McClymont & Dylan Welch, Drug cop accused in $120m bust; Sydney Morning Herald, 3 June 2008. p. 1
ABC News, Crime Commissioner rejects calls for corruption probe , ABC Radio, 3 June 2008
ABC News, Investigator's arrest sends shockwave through police ranks, ABC Radio, 3 June 2008.
Daniel Emerson , Top cop has 'gambling problem' , Brisbane times, 3 June 2008.
ABC News, Top investigator kept in custody over drug ring, ABC Radio, 3 June 2008.
=================================================================================================================
Last year we had written about the re-trial of charges of conspiracy to import cocaine (with an estimated value of
$2.1 million) against Ricky Montgomery, Bradley James Evans and Hayden Rogers before a jury of 12, presided
over by Judge Peter Zahra in the Sydney District Court, based on information supplied by our then intrepid
court reporter - who has since left our "employ" for more financially rewarding pursuits.
Eventually, after a trial of almost 5 months duration, in November 2007, the jury after deliberating for 4 hours, found
all three men guilty. They were remanded in custody pending a sentencing hearing in March 2008. Unfortunately, we
do not have details of the sentencing outcome, and will try and track that down.
One of the major players in the police investigation which led to the arrest of the 3 men, was a Mark Standen, a senior officer of the NSW Crime
Commission.
Tonight, Mr Standen is enjoying the same hospitality of the NSW Corrective Services as provided to the three men he was instrumental in locking
up, pending his bail hearing on 11 June 2008. Unbeknown to him, and the community generally, throughout the trial last year (and indeed since
May 2007 until his arrest on 2 June 2008) he was under surveillance by Australian Federal Police in relation to a plan to import into Australia
material which could be manufactured into "ice". The value of the "ice' to be manufactured is estimated at $120million.
Mr Standen is entitled to the presumption of innocence.
SOURCES :
Geesche Jacobsen , Crime body investigates hung jury case , Sydney Morning Herald, 27 November 2008. p.3.
Lisa Davies, Drugs gang guilty - Cocaine plot, Daily Telegraph, 27:November, 2007, p. 16.
Neil Mercer, `I will destroy your life' - Court told of police threats, Sunday Telegraph, 11 November, 2007, p. 27
Neil Mercer, Jury tamper claim anger - Judge lashes crime commission inquiry as `misguided':, Sunday Telegraph, 2 :December, 2007, p. 31
Kara Lawrence, Duped by top grade scam, Daily Telegraph, 10:March, 2008, p. 8 .
Les Kennedy, Kate McClymont & Dylan Welch, Drug cop accused in $120m bust; Sydney Morning Herald, 3 June 2008. p. 1
ABC News, Crime Commissioner rejects calls for corruption probe , ABC Radio, 3 June 2008
ABC News, Investigator's arrest sends shockwave through police ranks, ABC Radio, 3 June 2008.
Daniel Emerson , Top cop has 'gambling problem' , Brisbane times, 3 June 2008.
ABC News, Top investigator kept in custody over drug ring, ABC Radio, 3 June 2008.
=================================================================================================================
ANOTHER GOOD NEWS STORY
The executive summary of the paper by John Wilkinson , Education in Country and City New South Wales , states:
Despite the learned views of Mr Wilkinson, Richard Torbay MP (NorthernTablelands) claims that "the public schools in our region are second to
none".
Now the views of both John Wilkinson and Richard Torbay MP can't be correct.
IF Mr Torbay's view is correct the necessary conclusions are that the current system is working as well as could be hoped for. Further, whether
the situation is achieved by horizontal equity funding or vertical equity funding, here is no justification for changing the current system, and he
would presumably reject the recommendations of Mr Wilkinson, that a type of vertical equity funding to regional schools be considered to bring
schools throughout the state to a status of equality. Indeed, if further funding along the lines suggested.by Mr Wilkinson were introduced, it would
be inequitable, as it would create a gap,to the advantage of country students.
In his conclusion Mr Wilkinson says :
The above survey of country students, contrasted with their metropolitan counterparts, seems to bear out the conclusions of Sue
Helme and her colleagues at the University of Melbourne (expressed in a 2007 study of rural educational inequality), that “differences
between rural and urban locations receive little attention. Yet, in many systems, inequalities of place are both persistent and powerful.”
In considering the factors that may alleviate this situation, some argue that a higher percentage of funds should be devoted specifically
to improving the performance of schoolchildren in rural areas.
Another factor, highlighted by Helme and her colleagues, is staff turnover. In their opinion,
"Staffing difficulties. . .constitute a significant barrier to higher retention and success rates. . .Difficulties with recruitment and
retention mean that higher proportions of country teachers tend to be inexperienced, while few choose to stay beyond the minimum
period."
SOURCES :
John Wilkinson, Education in Country and City New South Wales , Briefing Paper 04/08, NSW Parliamentary Library Research Service, May
2008.
District schools win regional awards , Inverell Times, 3 June 2008.
==================================================================================================================
The executive summary of the paper by John Wilkinson , Education in Country and City New South Wales , states:
- Evidence exists of differences, in levels of achievement, between country and city students in New South Wales
- Governments have attempted to respond, to perceived differences in performance,by instituting programs to enhance
achievement - Researchers have pointed to high staff turnover as a contributing factor to differences in performance, between country and city
students - Retaining students, to year 12, appears to be a particular issue in providing education to students in rural areas.
Despite the learned views of Mr Wilkinson, Richard Torbay MP (NorthernTablelands) claims that "the public schools in our region are second to
none".
Now the views of both John Wilkinson and Richard Torbay MP can't be correct.
IF Mr Torbay's view is correct the necessary conclusions are that the current system is working as well as could be hoped for. Further, whether
the situation is achieved by horizontal equity funding or vertical equity funding, here is no justification for changing the current system, and he
would presumably reject the recommendations of Mr Wilkinson, that a type of vertical equity funding to regional schools be considered to bring
schools throughout the state to a status of equality. Indeed, if further funding along the lines suggested.by Mr Wilkinson were introduced, it would
be inequitable, as it would create a gap,to the advantage of country students.
In his conclusion Mr Wilkinson says :
The above survey of country students, contrasted with their metropolitan counterparts, seems to bear out the conclusions of Sue
Helme and her colleagues at the University of Melbourne (expressed in a 2007 study of rural educational inequality), that “differences
between rural and urban locations receive little attention. Yet, in many systems, inequalities of place are both persistent and powerful.”
In considering the factors that may alleviate this situation, some argue that a higher percentage of funds should be devoted specifically
to improving the performance of schoolchildren in rural areas.
Another factor, highlighted by Helme and her colleagues, is staff turnover. In their opinion,
"Staffing difficulties. . .constitute a significant barrier to higher retention and success rates. . .Difficulties with recruitment and
retention mean that higher proportions of country teachers tend to be inexperienced, while few choose to stay beyond the minimum
period."
SOURCES :
John Wilkinson, Education in Country and City New South Wales , Briefing Paper 04/08, NSW Parliamentary Library Research Service, May
2008.
District schools win regional awards , Inverell Times, 3 June 2008.
==================================================================================================================
FAMILY FRIENDLY HOURS GO UP IN SMOKE
The Iemma government has shown that it's actions in introducing "family friendly" hours to parliament,
was for reasons other than a desire to be family friendly. What was propounded as the guiding
principle in introducing a new sitting timetable early in 2008, namely the need to allow MPs to
attend to their families, has now been ditched.
On 3 June 2008 the government rammed through parliament further changes to the sitting timetable
which will apply from now until 30 June, 2008. The parliament will sit unrestricted hours, with the end
time on each day to be determined by the government according to it's fancy.
We applaud the temporary change in the sitting timetable. The NSW community may get some bang for the taxpayers buck, out of what in 2008
has been a lazy, lazy, lazy parliament.
We condemn the government for it's hypocrisy. It introduced the new timetable in 2008 because of an over-riding principle of "family-friendly".
Now it has ditched that over-riding principle. The government's lack of embarrassment at ditching a policy portrayed at the time as very dear to
it's heart, indicates the government lacks moral standards. It's guiding principles appear to be "What ever it takes" and "Spin not Substance".
SOURCE :
NSW LA Hansard, Business of the House , NSW Parliament, 3 June 2008.
=================================================================================================================
The Iemma government has shown that it's actions in introducing "family friendly" hours to parliament,
was for reasons other than a desire to be family friendly. What was propounded as the guiding
principle in introducing a new sitting timetable early in 2008, namely the need to allow MPs to
attend to their families, has now been ditched.
On 3 June 2008 the government rammed through parliament further changes to the sitting timetable
which will apply from now until 30 June, 2008. The parliament will sit unrestricted hours, with the end
time on each day to be determined by the government according to it's fancy.
We applaud the temporary change in the sitting timetable. The NSW community may get some bang for the taxpayers buck, out of what in 2008
has been a lazy, lazy, lazy parliament.
We condemn the government for it's hypocrisy. It introduced the new timetable in 2008 because of an over-riding principle of "family-friendly".
Now it has ditched that over-riding principle. The government's lack of embarrassment at ditching a policy portrayed at the time as very dear to
it's heart, indicates the government lacks moral standards. It's guiding principles appear to be "What ever it takes" and "Spin not Substance".
SOURCE :
NSW LA Hansard, Business of the House , NSW Parliament, 3 June 2008.
=================================================================================================================
DRAPER 'DELIGHTED' WITH COSTA's BUDGET
Peter Draper MP (Tamworth) has expressed 'delight" with the NSW Budget delivered by Michael Costa MLC on
3 June 2008.
Such is based on what Mr Draper says is record spending on "investments" in the Tamworth electorate. He says
"investment" in the Tamworth electorate has risen by $47 million over the 2007 budget, to $129 million.
We are not certain where Mr Draper obtains his figures from - and whether they are accurate. Unfortunately, Mr Draper
has a history of relying on figures provided to him by the government of the day,and accepting them without question and
without any independent investigation as to their veracity.
However, for the purposes only of examining Mr Draper's delight, we shall use the figures provided by him.
Mr Draper claims that "investments" in the Tamworth electorate have been :
2003 - $9 million
2004 - $18 million
2005 - $35 million
2006 - $67 million
2007 - $82 million
2008 - $129 million
The total NSW budget allocations for capital works and services has been :
2003 - $3,589 million
2004 - $2,711 million
2005 - $3,348 million
2006 - $3,335 million
2007 - $3,576 million
2008 - $4,133 million
CAUTION : We do not have sufficient knowledge to know what Mr Draper means by "investments" or whether "investments" are equivalent to the
appropriations or capital works and services. Further, the figures for appropriations do not mean the sums were spent. Often appropriations are
rolled over from year to year, without the money available for allocation actually being spent - a form of double/triple/etc accounting.
Comparing the increases in Tamworth "investments" with the increases in capital works and services appropriations we see :
Peter Draper MP (Tamworth) has expressed 'delight" with the NSW Budget delivered by Michael Costa MLC on
3 June 2008.
Such is based on what Mr Draper says is record spending on "investments" in the Tamworth electorate. He says
"investment" in the Tamworth electorate has risen by $47 million over the 2007 budget, to $129 million.
We are not certain where Mr Draper obtains his figures from - and whether they are accurate. Unfortunately, Mr Draper
has a history of relying on figures provided to him by the government of the day,and accepting them without question and
without any independent investigation as to their veracity.
However, for the purposes only of examining Mr Draper's delight, we shall use the figures provided by him.
Mr Draper claims that "investments" in the Tamworth electorate have been :
2003 - $9 million
2004 - $18 million
2005 - $35 million
2006 - $67 million
2007 - $82 million
2008 - $129 million
The total NSW budget allocations for capital works and services has been :
2003 - $3,589 million
2004 - $2,711 million
2005 - $3,348 million
2006 - $3,335 million
2007 - $3,576 million
2008 - $4,133 million
CAUTION : We do not have sufficient knowledge to know what Mr Draper means by "investments" or whether "investments" are equivalent to the
appropriations or capital works and services. Further, the figures for appropriations do not mean the sums were spent. Often appropriations are
rolled over from year to year, without the money available for allocation actually being spent - a form of double/triple/etc accounting.
Comparing the increases in Tamworth "investments" with the increases in capital works and services appropriations we see :
|
These figures to say the least are "extra-ordinary". One possible explanation for such extra-ordinary figures is that we "have the bull by the tail".
Looking at the state wide capital works and services appropriations, the Tamworth "investment" represents in 2008 3.1% of the total (in 2003 it
was 0.2%, 2004 = 0.7%, 2005 = 1%, 2006 = 2% and 2007 = 2.2%).
Given that horizontal equity would require 1.05% of funds to be delivered to the Tamworth electorate, the "extra-ordinariness" of the figures is
highlighted.
It is no wonder Mr Draper is "delighted" with the budget on a micro level, and has failed to offer a critical appraisal of it at a macro level.
SOURCES :
NSW Appropriation Bills (s.5) 2003-2008.
Peter Draper MP, Response to NSW Business Chamber Survey, February 2007
Peter Draper MP, Increased Funding For Tamworth Electorate In 2008/09 NSW Budget , Media Release, 3 June 2008.
David Ellery, Still waiting: No start date for new Tamworth Hospital ,Northern Daily Leader, 4 June 2008.
Simon Chamberlain, Criticism over region 'held to ransom' , Northern Daily Leader, 4 June 2008.
Angela Roche, Go ahead for new Manilla health centre , Northern Daily Leader, 4 June 2008.
Editorial, New hospital needed now , Northern Daily Leader, 4 June 2008.
NSW Budget: the bush ignored again says Piccoli , Farm Weekly, 4 June 2008.
ABC News, Budget gets mixed reaction in New England , ABC Radio, 4 June 2008.
=================================================================================================================
Looking at the state wide capital works and services appropriations, the Tamworth "investment" represents in 2008 3.1% of the total (in 2003 it
was 0.2%, 2004 = 0.7%, 2005 = 1%, 2006 = 2% and 2007 = 2.2%).
Given that horizontal equity would require 1.05% of funds to be delivered to the Tamworth electorate, the "extra-ordinariness" of the figures is
highlighted.
It is no wonder Mr Draper is "delighted" with the budget on a micro level, and has failed to offer a critical appraisal of it at a macro level.
SOURCES :
NSW Appropriation Bills (s.5) 2003-2008.
Peter Draper MP, Response to NSW Business Chamber Survey, February 2007
Peter Draper MP, Increased Funding For Tamworth Electorate In 2008/09 NSW Budget , Media Release, 3 June 2008.
David Ellery, Still waiting: No start date for new Tamworth Hospital ,Northern Daily Leader, 4 June 2008.
Simon Chamberlain, Criticism over region 'held to ransom' , Northern Daily Leader, 4 June 2008.
Angela Roche, Go ahead for new Manilla health centre , Northern Daily Leader, 4 June 2008.
Editorial, New hospital needed now , Northern Daily Leader, 4 June 2008.
NSW Budget: the bush ignored again says Piccoli , Farm Weekly, 4 June 2008.
ABC News, Budget gets mixed reaction in New England , ABC Radio, 4 June 2008.
=================================================================================================================
WINDSOR ADVISES NATIONALS TO BECOME AN INDEPENDENT PARTY.
In what must be the most extra-ordinary statement made by a politician, Tony Windsor MP (federal New England), has advised the National Party
to become an "independent party" and break from coalition with the Liberal Party.
Extra-ordinary because you would expect Tony Windsor to be advocating rural MP's become truly independent, pointing out the evils of the party
system with it's closed door back room deals and requirement that MP's vote according to the views of the majority of the party,
rather than in accordance with their own consciences. It seems in his recommendation to the National Party, Mr Windsor does not see the party
system as a hindrance, but rather sees it as beneficial, provided the party itself is"independent".
Maybe Mr Windsor has become blinded to the party system. In NSW it seems the rural independents act like a Rural Independent Party - in close
alliance with the NSW Labor Party.
Strangely, his "advice" was given shortly after he confidently predicted on 28 May 2008 : "The National party will merge at a federal level with the
Liberal Party within months. "
However, the merger that Tony Windsor has staked his credibility on - looks like a figment of a fertile imagination - especially since a vote was
taken in the federal parliament on the wheat single desk issue.
Within a few days, Tony Windsor appears to have changed tack and is now suggesting that there won't be a merger - rather the Liberal Party
intend to "kill off" the National Party.
Tony Windsor MP is starting to look a little like Morris Iemma - not knowing whether he is Tina or Tony ( Agnes or Morris).
SOURCES :
Nats merging with Libs 'within months' , Melbourne Herald-Sun, 29 May 2008.
Libs want Nats killed off, Windsor says , Business Spectator, 4 June 2008.
Lucy Skuthorp, Labor, Libs unite to dump wheat export single desk ,Farm Weekly, 4 June 2008.
Editorial, Nat's merger no certainty , Northern Daily Leader, 2 June 2008.
Tony Windsor MP, Letters to Editor, Nationals have nothing to lose , Northern Daily Leader, 4 June 2008.
Mark Rodda, Letters to Editor, Damned if you do, damned if you don’t , Northern Daily Leader, 4 June 2006.
Peter Barrett, Call for National Party merger , Armidale Express, 4 June 2008.
Barnaby Joyce, A union of minds and ideas , Sun-Herald, 8 June 2008. p.50.
Heath Gilmore , Lib-Nat merger: 'I'll quit the party' , Sun-Herald, 8 June 2008. p.17.
=================================================================================================================
In what must be the most extra-ordinary statement made by a politician, Tony Windsor MP (federal New England), has advised the National Party
to become an "independent party" and break from coalition with the Liberal Party.
Extra-ordinary because you would expect Tony Windsor to be advocating rural MP's become truly independent, pointing out the evils of the party
system with it's closed door back room deals and requirement that MP's vote according to the views of the majority of the party,
rather than in accordance with their own consciences. It seems in his recommendation to the National Party, Mr Windsor does not see the party
system as a hindrance, but rather sees it as beneficial, provided the party itself is"independent".
Maybe Mr Windsor has become blinded to the party system. In NSW it seems the rural independents act like a Rural Independent Party - in close
alliance with the NSW Labor Party.
Strangely, his "advice" was given shortly after he confidently predicted on 28 May 2008 : "The National party will merge at a federal level with the
Liberal Party within months. "
However, the merger that Tony Windsor has staked his credibility on - looks like a figment of a fertile imagination - especially since a vote was
taken in the federal parliament on the wheat single desk issue.
Within a few days, Tony Windsor appears to have changed tack and is now suggesting that there won't be a merger - rather the Liberal Party
intend to "kill off" the National Party.
Tony Windsor MP is starting to look a little like Morris Iemma - not knowing whether he is Tina or Tony ( Agnes or Morris).
SOURCES :
Nats merging with Libs 'within months' , Melbourne Herald-Sun, 29 May 2008.
Libs want Nats killed off, Windsor says , Business Spectator, 4 June 2008.
Lucy Skuthorp, Labor, Libs unite to dump wheat export single desk ,Farm Weekly, 4 June 2008.
Editorial, Nat's merger no certainty , Northern Daily Leader, 2 June 2008.
Tony Windsor MP, Letters to Editor, Nationals have nothing to lose , Northern Daily Leader, 4 June 2008.
Mark Rodda, Letters to Editor, Damned if you do, damned if you don’t , Northern Daily Leader, 4 June 2006.
Peter Barrett, Call for National Party merger , Armidale Express, 4 June 2008.
Barnaby Joyce, A union of minds and ideas , Sun-Herald, 8 June 2008. p.50.
Heath Gilmore , Lib-Nat merger: 'I'll quit the party' , Sun-Herald, 8 June 2008. p.17.
=================================================================================================================
REBA MEAGHER SURVIVES 'NO CONFIDENCE' MOVE
Minister for Health, Reba Meagher MP survived a no-confidence motion moved against her in the NSW Parliament
on 3 June 2008 by virtue of a vote of 32-50.
Independent MP's voted in the following manner :
No confidence - Rob Oakeshott MP (Port Macquarie).
Confidence - Peter Draper MP (Tamworth), Dawn Fardell MP (Dubbo) , Clover Moore MP (Sydney) and Greg Piper MP (Lake Macquarie).
No vote : Richard Torbay MP (Northern Tablelands) - in the chair.
The motion of no-confidence moved was :
That this House no longer has confidence in the Minister for Health for:
(1) Misleading Parliament on 6 March 2008 when she claimed background checks were not conducted on Dr Graeme Reeves before he was
employed despite a Health Department memo confirming a check was conducted by at least one senior bureaucrat.
(2) Failing to respond to community concerns about Dr Reeves .
We stated previously that a Minister who misleads the house should resign. If the minister does not resign, the Premier should sack the minister.
If the Premier fails to do so, it is appropriate for the parliament to pass a motion of no confidence in the minister.
We stated previously that misleading the house means making a statement which is untrue. We further stated that it did not matter if the
statement was deliberately false (commonly called a lie) or made negligently or without due inquiry - the principle applied if the statement was
false.
We are not certain of the level of satisfaction that an MP must have in order to support a no-confidence motion. For example, should an MP only
support a no-confidence motion if the MP has the highest level of satisfaction that the Minister had mislead the house, or would a satisfaction
that the Minister had done so on the preponderance of the available information suffice ? We suggest that the level of satisfaction required is
somewhere more than the preponderance of evidence but much less than the highest level of satisfaction.
The real question in this motion was whether Reba Meagher had misled the house when she said on 6 March 2008 the Area Health Service had
"failed to perform background checks" on Dr Reeves. There were clearly 2 background checks carried out - a police check and a telephone call
to a colleague of Dr Reeves. Reba Meagher argued that the statement was not misleading because what she meant on 6 March 2008 was not
that the Health Service failed to carry out any background checks, but rather that it failed to carry out appropriate cheks.
Whilst minds may differ on the meaning of her original statement and her later explanation we are firmly of the view that the statement as made
on 6 March 2008 was misleading. We say we are satisfied of that, to a high level of satisfaction, although we are not satisfied to the highest
possible level of satisfaction. Certainly our level of satisfaction is much higher than the preponderance of information.
During the debate Reba Meagher did not enhance her standing in the eyes of the community. She, extra-ordinarily failed to attend the chamber
throughout the debate. Her late arrival in the chamber almost cost her the opportunity to speak to the motion, and she was saved by the grace of
the Speaker who interpreted the rules in a way most favourable to her. Whilst in the chamber she engaged in regular interjections. In our own
view it was not behaviour becoming of a Minister of the Crown.
see : NSW LA Hansard, Minister for Health, NSW Parliament, 3 June 2008.
Minister for Health, Reba Meagher MP survived a no-confidence motion moved against her in the NSW Parliament
on 3 June 2008 by virtue of a vote of 32-50.
Independent MP's voted in the following manner :
No confidence - Rob Oakeshott MP (Port Macquarie).
Confidence - Peter Draper MP (Tamworth), Dawn Fardell MP (Dubbo) , Clover Moore MP (Sydney) and Greg Piper MP (Lake Macquarie).
No vote : Richard Torbay MP (Northern Tablelands) - in the chair.
The motion of no-confidence moved was :
That this House no longer has confidence in the Minister for Health for:
(1) Misleading Parliament on 6 March 2008 when she claimed background checks were not conducted on Dr Graeme Reeves before he was
employed despite a Health Department memo confirming a check was conducted by at least one senior bureaucrat.
(2) Failing to respond to community concerns about Dr Reeves .
We stated previously that a Minister who misleads the house should resign. If the minister does not resign, the Premier should sack the minister.
If the Premier fails to do so, it is appropriate for the parliament to pass a motion of no confidence in the minister.
We stated previously that misleading the house means making a statement which is untrue. We further stated that it did not matter if the
statement was deliberately false (commonly called a lie) or made negligently or without due inquiry - the principle applied if the statement was
false.
We are not certain of the level of satisfaction that an MP must have in order to support a no-confidence motion. For example, should an MP only
support a no-confidence motion if the MP has the highest level of satisfaction that the Minister had mislead the house, or would a satisfaction
that the Minister had done so on the preponderance of the available information suffice ? We suggest that the level of satisfaction required is
somewhere more than the preponderance of evidence but much less than the highest level of satisfaction.
The real question in this motion was whether Reba Meagher had misled the house when she said on 6 March 2008 the Area Health Service had
"failed to perform background checks" on Dr Reeves. There were clearly 2 background checks carried out - a police check and a telephone call
to a colleague of Dr Reeves. Reba Meagher argued that the statement was not misleading because what she meant on 6 March 2008 was not
that the Health Service failed to carry out any background checks, but rather that it failed to carry out appropriate cheks.
Whilst minds may differ on the meaning of her original statement and her later explanation we are firmly of the view that the statement as made
on 6 March 2008 was misleading. We say we are satisfied of that, to a high level of satisfaction, although we are not satisfied to the highest
possible level of satisfaction. Certainly our level of satisfaction is much higher than the preponderance of information.
During the debate Reba Meagher did not enhance her standing in the eyes of the community. She, extra-ordinarily failed to attend the chamber
throughout the debate. Her late arrival in the chamber almost cost her the opportunity to speak to the motion, and she was saved by the grace of
the Speaker who interpreted the rules in a way most favourable to her. Whilst in the chamber she engaged in regular interjections. In our own
view it was not behaviour becoming of a Minister of the Crown.
see : NSW LA Hansard, Minister for Health, NSW Parliament, 3 June 2008.
