Wednesday 31 August 2016

International Overdose Awareness Day, 31 August 2016

Amanda Roxburgh, Lucy Burns, Wayne Hall, Louisa Degenhardt, (2014)

Penington Institute, media release, August 2016:
International Overdose Awareness Day is a global event run by Penington Institute on 31 August each year. The Event aims to raise awareness of overdose and reduce the stigma of a drug-related death. It also acknowledges the grief felt by families and friends remembering those who have met with death of permanent injury as a result of drug overdose.
In the lead up to International Overdose Awareness Day 2016, Penington Institute has released ‘Australia’s Annual Overdose Report 2016’.
This report details some key statistics relating to overdose deaths in Australia from 2004 to 2014. The report was compiled by Penington Institute based on data from the Australian Bureau of Statistics (ABS).
The principal findings are:
* Deaths due to accidental overdose grew substantially from 2004 to 2014. They reached 1,137 in 2014, a rapid rise from 705 deaths in 2004 and a 61 per cent increase in a decade. Between 2013 and 2014 overdose deaths smashed through the 1,000 deaths mark, with a rise of 14.5 per cent in one year alone, from 993 to 1,137.
* Contrary to stereotypes about the age of people who die of accidental overdose, Australians aged 40-49 are the most likely to die of a drug overdose. Deaths in this age bracket have almost doubled from 174 deaths in 2004 to 342 in 2014 – a 96 per cent rise.
In 2014, people aged 30-59 accounted for 78 per cent of all overdose deaths.
* Large increases in overdose deaths in rural and regional are driving the overall increase. Between 2008 and 2014, there was an increase from 3.1 deaths per 100,000 population to 5.7 per 100,000– an 83 per cent increase. Meanwhile, the rate per capita in metropolitan areas has moved only slightly from 4.2 per 100,000 in 2008 to 4.4 per 100,000 in 2014.
Despite common perceptions of accidental deaths due to drugs are caused by illicit drugs, in 2014 prescription medications were responsible for more drug-related deaths (71 per cent) than illicit drugs (29 per cent). (Note: this statistic is for total drug-related deaths, not just overdose deaths).
Over the period 2008-2014 there was an 87 per cent increase in prescription opioid deaths in Australia, with the greatest increase occurring in rural/regional Australia which saw a 148 per cent increase.
* Accidental deaths due to drug overdose per capita for Aboriginal people has increased substantially between 2004 and 2014 with an increase of 141 per cent – from 3.9 per 100,000 in 2004 to 9.4 per 100,000 in 2014 in the five jurisdictions with Aboriginal data. In the same period, the increase among non-Aboriginal people was from 3.3 per 100,000 to 4.8 per 100,000 – an increase of 45 per cent.
* Western Australia is the worst state for overdose deaths per capita with 5.8 per 100,000 in 2014 followed by NSW with 5.1 per 100,000.
Since 2004 Western Australia’s per capita overdose deaths have risen from the lowest to the highest in the country – an increase from 1.8 per 100,000 to 5.8 per 100,000 (a 222 per cent increase) – against a national increase over the same period of 37 per cent.
To access a copy of the report, please provide your details here.

NSW Independent Commission Against Corruption 'Operation Spicer': you saw the telemovie now read the book


The NSW Independent Commission Against Corruption (ICAC) investigation named Operation Spicer ran for approximately five months and claimed a number of political scalps including that of the then NSW Coalition Premier Barry O'Farrell.

Operation Spicer hearings were a feature of nightly news reports and journalists' live tweeting during this period.

Given the number of legal challenges mounted against ICAC since those hearings ended the final inquiry report has only now been released to the general public. 

In its media release of 30 August 2016 ICAC states:

Operation Spicer investigation has exposed prohibited donations, fund channelling and non-disclosures in the NSW Liberal Party’s 2011 state election campaign.

The Commission’s report, Investigation into NSW Liberal Party electoral funding for the 2011 state election campaign and other matters, was made public today. The ICAC’s findings include that Raymond Carter, Andrew Cornwell, Garry Edwards, the Hon Michael Gallacher MLC, Nabil Gazal Jnr, Nicholas Gazal, Hilton Grugeon, Christopher Hartcher, Timothy Koelma, Jeffrey McCloy, Timothy Owen, Christopher Spence, Hugh Thomson and Darren Williams acted with the intention of evading laws under the Election Funding, Expenditure and Disclosures Act 1981 (the election funding laws) relating to the disclosure of political donations and the ban on donations from property developers.

Messrs Grugeon, Hartcher, Koelma, McCloy, Owen, Thomson and Williams were also found to have acted with the intention of evading the election funding laws relating to caps on political donations. The Commission also found that Craig Baumann, Nicholas Di Girolamo, Troy Palmer and Darren Webber acted with the intention of evading the election funding laws relating to the disclosure of political donations and that Bart Bassett knowingly solicited a political donation from a property developer.

The ICAC found that during November and December 2010 the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the foundation and used by the NSW Liberal Party in the campaign originated from donors who were property developers and, therefore, prohibited donors under the election funding laws.

Undisclosed political donations were also channelled through a business, Eightbyfive, to benefit Liberal Party 2011 state election campaigns on the Central Coast. These donations included donations from property developers and donations in excess of the applicable caps on donations.

The ICAC also found that there were payments made by property developers, who were prohibited donors, to help fund NSW Liberal Party candidates’ campaigns in the Hunter. The true nature of these payments was disguised, for example, as consultancy services or funnelled through another company with the intention of evading the election funding laws.

The above are findings of fact, not findings of corrupt conduct. As explained in the Foreword to the report, the ICAC cannot make corrupt conduct findings in cases of failure to comply with the requirements of the election funding laws where, although those failures could have affected the exercise of official functions of the then Election Funding Authority of NSW, officers of that authority were not involved in any wrongdoing.

The ICAC makes a finding of serious corrupt conduct against Joseph Tripodi for, sometime prior to 16 February 2011, misusing his position as a member of Parliament to improperly provide an advantage to Buildev by providing to Darren Williams of that company a copy of the confidential 4 February 2011 NSW Treasury report, Review of Proposed Uses of Mayfield and Intertrade Lands at Newcastle Port.

The Commission’s report notes that at the relevant time proceedings for an offence under the election funding laws had to be commenced within three years from the time the offence was committed. As the Operation Spicer public inquiry did not conclude until September 2014, and the matters canvassed in the report occurred mostly from 2009 to 2011, a prosecution for relevant offences is now statute barred.


 Excerpt One:

Chapter 34 of this report contains statements made pursuant to s 74A(2) of the ICAC Act that the Commission is of the opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions (DPP) with respect to the prosecution of the following persons:

* Samantha Brookes for two offences of giving false or misleading evidence under s 87 of the ICAC Act • Andrew Cornwell for two offences of giving false or misleading evidence under s 87 of the ICAC Act [Wife of former Liberal MP for Charlestown Andrew Cornwell]

* Timothy Gunasinghe for an offence of giving false or misleading evidence under s 87 of the ICAC Act [GM /Director at Commercialhq]

* Christopher Hartcher for an offence of larceny [former Liberal MP for Terrigal & NSW Minister for State, Minister for Resources and Energy, Minister for Central Coast]

* Timothy Koelma for three offences of giving false or misleading evidence under s 87 of the ICAC Act [Proprietor, Eightbyfive]

* William Saddington for an offence of giving false or misleading evidence under s 87 of the ICAC Act [Director, PW Saddington & Sons Pty Ltd]

* Joseph Tripodi for the common law offence of misconduct in public office. [former Labor MP for Fairfield] 
Note: My red annotations

Excerpt Two:

Set out below are some of the principal factual findings made by the Commission.
* Sometime shortly prior to 16 March 2011, Nathan Tinkler offered to make a political donation to Jodi McKay’s election campaign. In making this offer, Mr Tinkler was attempting to induce Ms McKay to accept a donation from a person she knew to be a prohibited donor and which would be falsely disclosed to the Election Funding Authority as coming from private individuals. Mr Tinkler knew at the time he made the offer that he was a prohibited donor and was not able to make a political donation and that Ms McKay was not able to accept a political donation from him (chapter 11).
* Each of Mr Williams, David Sharpe and Ann Wills of Buildev played an active part in the “Stop Jodi’s Trucks” mailout campaign, which was designed to damage Ms McKay’s prospects of re-election. Given its inherent political nature, the expenditure on the leaflets amounted to “electoral communication expenditure”, as defined by the Election Funding Act. This expenditure was incurred in the period between 1 January 2011 and the end of the polling day for the 2011 NSW state election and was therefore incurred within the “capped expenditure period” as defined in s 95H of the Election Funding Act. As the electoral communication expenditure exceeded $2,000 in a capped expenditure period, Buildev was operating as a “third-party campaigner” as defined in s 4 of the Election Funding Act. Buildev failed to register as a third-party campaigner as required by s 96AA of the Election Funding Act and failed to disclose to the Election Funding Authority its electoral communication expenditure as required by s 88(1A)(a) of the Election Funding Act (chapter 11).
* Mr Tripodi played a central role in the Stop Jodi’s Trucks campaign by nominating the printer for the mailout pamphlets and involving himself in the drafting and design process for the pamphlets (chapter 11).
* During November and December 2010, the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 NSW state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the Free Enterprise Foundation and used by the NSW Liberal Party in its 2011 state election campaign originated from donors who were property developers and, therefore, prohibited under the Election Funding Act from making political donations (chapter 15).
* Each of Simon McInnes, Paul Nicolaou and Anthony Bandle knowingly used the Free Enterprise Foundation to channel political donations, including political donations from property developers, to the NSW Liberal Party to fund its 2011 state election campaign so that the identity of the true donors was disguised from the Election Funding Authority (chapter 15).
* Timothy Koelma used his business, Eightbyfive, to receive and channel political donations for the benefit of Christopher Hartcher, Christopher Spence, Darren Webber and the NSW Liberal Party for the 2011 Central Coast election campaign with the intention of evading the election funding laws relating to disclosure of political donations, the ban on donations from property developers, which operated from 14 December 2009, and, in relation to payments made after 1 January 2011, the applicable cap on donations. The funds obtained and channelled in this way were used for the purposes of the NSW Liberal Party 2011 election campaigns in the seats of Terrigal, The Entrance and Wyong. Mr Koelma directly benefited from the donations through Eightbyfive, as he was able to draw from those funds to give himself a salary, thereby, enabling him to work for Mr Hartcher on the 2011 NSW state election campaign. Mr Koelma subsequently obtained full-time employment in Mr Hartcher’s ministerial office after the 2011 election (chapter 17).
* Mr Hartcher was involved in the establishment of Eightbyfive and took an active part in using Eightbyfive to channel political donations from Australian Water Holdings Pty Ltd, Gazcorp Pty Ltd and Patinack Farm Pty Ltd for the benefit of the NSW Liberal Party, himself, Mr Spence and Mr Webber with the intention of evading the election funding laws relating to disclosure of political donations, the ban on donations from property developers (in the case of Gazcorp) and, in relation to payments made after 1 January 2011, the applicable cap on donations. Mr Hartcher benefited from this arrangement because part of the funds channelled through Eightbyfive enabled Mr Koelma to work for him on the 2011 NSW state election campaign at no cost to Mr Hartcher, while other funds channelled through Eightbyfive ensured that Mr Hartcher’s likeminded political colleagues were funded to campaign for the Central Coast seats of Wyong and The Entrance (chapter 17).
* Mr Hartcher was a party to an arrangement with Nicholas Di Girolamo and Mr Koelma, whereby Mr Di Girolamo made regular payments through Australian Water Holdings to Eightbyfive. Under this arrangement, between April 2009 and May 2011, Eightbyfive received $183,342.50 from Australian Water Holdings. These payments were ostensibly for the provision of services by Eightbyfive to Australian Water Holdings but were in fact political donations made to assist Mr Hartcher by providing funds to Mr Koelma so that Mr Koelma could work for Mr Hartcher in the lead up to the 2011 NSW state election. Mr Hartcher and the others involved in this arrangement intended to evade the election funding laws relating to the disclosure of political donations. The payments totalling $36,668.50, made after 1 January 2011, exceeded the applicable cap on political donations (chapter 18).
* Mr Hartcher, Nabil Gazal Junior, Nicholas Gazal, Mr Koelma and Mr Spence (the NSW Liberal Party candidate for the seat of The Entrance) were parties to an arrangement whereby, between May 2010 and April 2011, Gazcorp made payments totalling $121,000 to Eightbyfive. These payments were ostensibly for the provision of services by Eightbyfive to Gazcorp but were in fact political donations which were mainly used to help fund Mr Spence so that he could work on the Central Coast election campaign and on his campaign for the seat of The Entrance. Mr Hartcher, Nabil Gazal Jnr, Nicholas Gazal, Mr Koelma and Mr Spence intended by this arrangement to evade the disclosure requirements of the Election Funding Act and the ban on the making and accepting of political donations from property developers. The payments totalling $33,000, made after 1 January 2011, exceeded the applicable cap on political donations (chapter 19).
* Mr Hartcher, Mr Koelma, the Hon Michael Gallacher MLC, Troy Palmer and Mr Williams were parties to an arrangement whereby, between July 2010 and March 2011, Patinack Farm made payments totalling $66,000 to Eightbyfive. These payments were ostensibly for the provision of services by Eightbyfive to Patinack Farm but were in fact political donations to help fund the NSW Liberal Party 2011 Central Coast election campaign. The parties to this arrangement intended to evade the disclosure requirements of the Election Funding Act. The payments made after 1 January 2011, totalling $33,000, exceeded the applicable caps on political donations. Although the payments to Eightbyfive were made by Patinack Farm, the arrangement was organised through Buildev, a property developer (chapter 20).
* Mr Koelma and Mr Webber (the NSW Liberal Party candidate for the seat of Wyong) were parties to an arrangement whereby, between 2010 and 2011, Mr Koelma’s business, Eightbyfive, made payments totalling at least $34,650, and up to $49,500, to Mr Webber. These payments were ostensibly for the provision of services by Mr Webber to Eightbyfive but were in fact political donations to help fund Mr Webber’s 2011 election campaign for the seat of Wyong. The parties to this arrangement intended to evade the disclosure requirements of the Election Funding Act. The payments made after 1 January 2011 exceeded the applicable caps on political donations (chapter 20).
* Raymond Carter used the Free Enterprise Foundation to channel political donations to the NSW Liberal Party for its 2011 NSW state election campaign so that the identity of the true donor was disguised from the Election Funding Authority. A portion of this money was from property developers (chapter 21).
* Mr Carter and Mr Koelma entered into an arrangement to use Mr Koelma’s business, Eightbyfive, to channel political donations to the NSW Liberal Party for the 2011 Central Coast election campaign with the intention of evading the Election Funding Act laws relating to disclosure to the Election Funding Authority of political donations and the ban on accepting political donations from property developers. The political donations obtained by Mr Carter under this scheme included $5,000 from each of LA Commercial Pty Ltd, Yeramba Estates Pty Ltd and Brentwood Village Pty Ltd, and $2,200 from Crown Consortium Pty Ltd (chapter 21).
* In March 2011, Mr Carter used a business, Mickey Tech, with the intention of evading the Election Funding Act laws relating to disclosure of political donations by disguising from the Election Funding Authority political donations of $2,000 from INE Pty Ltd and $2,000 from Maggiotto Building Pty Ltd. In each case, the money was sought and received by Mr Carter as a political donation for the 2011 NSW state election campaign. Although at the time Mr Carter received the money he intended to apply all the money for the purposes of the election campaign, he eventually only applied $2,400 for this purpose, the balance being applied to private use (chapter 21).
* In March 2011, Mr Hartcher received three bank cheques payable to the NSW Liberal Party totalling $4,000. They were received by Mr Hartcher for the benefit of the NSW Liberal Party for the March 2011 state election campaign. In November 2011, some eight months after the election, Mr Hartcher arranged for the cheques to be paid into the trust account of Hartcher Reid, a legal firm, and for that firm to draw a cheque for $4,000 in favour of Mickey Tech, a business owned by Mr Carter’s partner. After the $4,000 was deposited into that account, it was withdrawn in cash by Mr Carter and given to Mr Hartcher. These steps are inconsistent with an intention on the part of Mr Hartcher to apply the $4,000 for the benefit of the NSW Liberal Party (chapter 23).
* In about November 2010, Mr Gallacher sought a political donation from Mr Sharpe of Buildev by inviting him to attend a New Year’s Eve political fundraising function for which Mr Sharpe or Buildev would make a payment. Mr Gallacher knew that they were property developers, and he sought the political donation with the intention of evading the election funding laws relating to the ban on property developers making political donations (chapter 25).
* In late 2010, Mr Gallacher, Mr Hartcher and Mr Williams of Buildev were involved in an arrangement whereby two political donations totalling $53,000 were provided to the NSW Liberal Party for use in its 2011 election campaigns for the seats of Newcastle and Londonderry. To facilitate this arrangement, on 13 December 2010, Mr Palmer, a director of Boardwalk Resources Limited, a company of which Mr Tinkler was the major shareholder, drew two cheques totalling $53,000 payable to the Free Enterprise Foundation. These were provided to Mr Hartcher who arranged for them to be sent to Mr Nicolaou. Mr Nicolaou sent the cheques to the Free Enterprise Foundation. The Free Enterprise Foundation subsequently sent money to the NSW Liberal Party, which included the $53,000. Of the $53,000, some $35,000 was used to help fund Timothy Owen’s 2011 election campaign in the seat of Newcastle and $18,000 was used towards the purchase of a key seats package for Bart Bassett’s 2011 election campaign in the seat of Londonderry. Although the cheques for the donations were drawn on the account of Boardwalk Resources, they were made for Buildev, a property developer. Each of Mr Gallacher, Mr Hartcher and Mr Williams entered into this arrangement with the intention of evading the Election Funding Act laws relating to the accurate disclosure to the Election Funding Authority of political donations (chapter 26).
* In about February 2011, Jeffrey McCloy gave HughThomson $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign for the seat of Newcastle with the intention of evading the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Thompson intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* In early 2011, Mr McCloy gave Mr Owen $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign. In making the payment, Mr McCloy intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Owen intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* In early 2011, Hilton Grugeon gave Mr Thomson $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign. In making the payment, Mr Grugeon intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Thompson intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* Services provided by Mezzanine Media Australia Pty Ltd for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $5,000 made by Keith Stronach, a property developer. The payment evaded the Election Funding Act laws relating to the ban on the making of political donations by property developers. The political donation was not disclosed as required by the Election Funding Act. Mr Owen and Mr Thomson were aware that Mr Stronach was a property developer and were aware that Mr Stronach paid money towards Mr Owen’s election campaign (chapter 27).
* Services provided by Mezzanine Media Australia for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $14,190 organised by Mr Williams on behalf of Buildev, a property developer. In organising the payment, Mr  Williams intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation he intended to evade the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware that Buildev was a property developer and that it had paid money towards Mr Owen’s election campaign (chapter 27).
* Mr Gallacher was responsible for proposing to Mr McCloy and Mr Grugeon an arrangement whereby each of them would contribute to the payment of Luke Grant for his work on Mr Owen’s 2011 election campaign. He did so with the intention that the Election Funding Act laws in relation to the prohibition on political donations from property developers and the requirements for the disclosure of political donations to the Election Funding Authority would be evaded (chapter 27).
* Mr Owen, Mr Thompson, Mr Grugeon and Mr McCloy were parties to an arrangement whereby payments totalling $19,875 made to Mr Grant for his work on Mr Owen’s 2011 election campaign were falsely attributed to services allegedly provided to companies operated by Mr McCloy and Mr Grugeon. Those involved in this arrangement intended to evade the Election Funding Act laws in relation to the prohibition on political donations from property developers and the requirements for the disclosure of political donations to the Election Funding Authority. The payments were also in excess of the caps imposed on individual donors (chapter 27).
* Services provided by Joshua Hodges for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $3,998.50 made by William Saddington of PW Saddington & Sons Pty Ltd. The payment was disguised as being for consultancy services provided to that company. The payment had the effect of evading the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware that Mr Saddington was contributing to Mr Owen’s election campaign expenses by paying Mr Hodges. They did not ensure that the donation was disclosed as required by the Election Funding Act (chapter 27).
* Services provided by Australian Decal Sales and Manufacturing Co Pty Ltd for Mr Owen’s 2011 election campaign were paid for in August 2011 by a political donation of $3,198.80 organised by Mr Williams on behalf of Buildev, a property developer. By organising the payment, Mr Williams intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware this political donation had been made by a property developer and participated in this arrangement with the intention of evading the Election Funding Act laws relating to the ban on accepting political donations from property developers. They did not ensure the donation was disclosed as required by the Election Funding Act (chapter 27).
* During the 2011 NSW state election campaign, a third-party campaign known as “FedUp” was conducted by Rolly De With, Neil Slater and Paul Murphy using the name of a local business association, the Newcastle Alliance. The purpose of the campaign was to assist in defeating the sitting member for the seat of Newcastle, Ms McKay, in the 2011 NSW state election. In March 2011, a payment of $50,000 was arranged by Mr Williams of Buildev and authorised by Mr Tinkler to fund the campaign. The payment was ostensibly made by Serene Lodge Racing Pty Ltd but was in fact money from Mr Tinkler and was made for Buildev, a property developer. The $50,000 payment was a political donation and was in excess of the $2,000 cap on political donations made for the benefit of a third-party campaigner. The political donation was not disclosed to the Election Funding Authority by Buildev, Serene Lodge Racing or Mr Tinkler (chapter 28).
* On 6 October 2010, Mr McCloy paid $10,000 in cash to Andrew Cornwell, the NSW Liberal Party candidate for the seat of Charlestown, as a political donation for Andrew Cornwell’s 2011 election campaign. By making the donation, Mr McCloy intended to evade the Election Funding Act laws relating to the ban on property developers making political donations and the requirement for the disclosure of political donations. By accepting the donation Andrew Cornwell intended to evade the Election Funding Act requirement relating to the ban on property developers making political donations and the requirement for the accurate disclosure of political donations (chapter 29).
* Andrew Cornwell, his wife, Samantha Brookes, and Mr Grugeon were parties to an arrangement involving the pretence that a payment of $10,120 made in early 2011 by Mr Grugeon, a property developer, was for a painting. The $10,120 was in fact a political donation made by Mr Grugeon to fund Andrew Cornwell’s 2011 NSW state election campaign. In participating in this arrangement, Mr Grugeon intended to evade the Election Funding Act laws relating to the ban on the making of donations by property developers and the requirement for disclosure of political donations. In participating in this arrangement, Andrew Cornwell intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers, and the requirement for accurate disclosure of political donations received. The payment exceeded the applicable cap on political donations (chapter 29).
* During the 2011 NSW state election campaign, Garry Edwards, the NSW Liberal Party candidate for the seat of Swansea, received a political donation by way of a cash payment of about $1,500 from Mr McCloy, a property developer. Mr Edwards accepted the donation with the intention of evading the election funding laws relating to the ban on accepting political donations from property developers and the requirements for disclosure of political donations. Mr McCloy knew he was making a political donation and that, as a property developer, he was prohibited from making such a donation (chapter 30).
* In 2007, Craig Baumann, the NSW Liberal Party candidate for the seat of Port Stephens, entered into an arrangement with Mr McCloy and Mr Grugeon to disguise from the Election Funding Authority the fact that companies associated with Mr McCloy and Mr Grugeon had donated $79,684 towards Mr Baumann’s 2007 NSW election campaign. As part of this arrangement, a company associated with Mr McCloy made a political donation of $32,604 and a company associated with Mr Grugeon made a political donation of $47,080. These political donations were paid to Mr Baumann’s company, Mambare Pty Ltd, which, in turn, paid the money to the Medowie branch of the NSW Liberal Party to be used for Mr Baumann’s 2007 election campaign. Mr Baumann caused Mambare to lodge a declaration with the Election Funding Authority that falsely claimed that it had donated the money to the NSW Liberal Party. Mr Baumann did so with the intention of evading the election funding laws relating to the accurate disclosure of political donations (chapter 31).
* In about November 2010, Mr Baumann entered into an arrangement with Vincent Heufel with the intention of evading the Election Funding Act laws relating to the truthful disclosure of political donations. Under this arrangement, Mr Heufel made a donation of $100,000 for Mr Baumann’s election campaign and Mr Baumann reduced the amount his company, Mambare, charged for building Mr Heufel’s house by that amount. This was done so that Mr Heufel could falsely represent that he was responsible for making the political donation, rather than Mr Baumann’s company and so that Mambare could evade disclosing that it had made a political donation for Mr Baumann’s 2011 NSW state election campaign (chapter 31).
* In 2010, for the purposes of his 2011 NSW state election campaign, Mr Bassett, the NSW Liberal Party candidate for the seat of Londonderry, solicited a political donation from Buildev, a property developer. This culminated in the drawing of a cheque, dated 13 December 2010, for $18,000 on the account of Boardwalk Resources, which was payable to the Free Enterprise Foundation. The Free Enterprise Foundation subsequently sent money to the NSW Liberal Party, which included the $18,000. The $18,000 was used towards the purchase of a key seats package for Mr Bassett’s 2011 election campaign in the seat of Londonderry. Although the cheque for $18,000 was drawn on the account of Boardwalk Resources, the donation was made for Buildev. Mr Bassett was aware at the time he solicited the political donation that Buildev was a property developer and knew it was not able to make a political donation and he was not able to accept a political donation from a property developer (chapter 32).

Full 172 page report here.

Tuesday 30 August 2016

Policy Platforms of Candidates in the Clarence Valley Local Government Elections, Saturday 10 September 2016 - Part Two


North Coast Voices contacted as many Clarence local government election candidates as was possible and issued an invitation to supply their policy positions for our readers.

Here is the second post in this series.

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JOHN HAGGER
John Hagger corflute

I have worked to halt Any special rate rises (including progression of Council’s preliminary work for a permanent 41% Rates increase over 7 years).

Those massive rate rises on every home and business in the Valley damage us and do not repair the underlying problems.

According to TCorp, adoption of the proposed 41% Rates Rise:
Would still result in Council having deficit budgets for, at least, the next 9 years.
Would not result in catching up with the infrastructure backlog and
Would still leave Council Unfit for the Future.

I am strongly opposed to:

Any diversion of the Clarence.
The Yamba Mega Port.
Any plans for CSG mining in the Clarence.

My Aim is:

A Council that is part of the local Community.
The repair of the trust deficit that has developed under the current Council.
A Council that lives within its means.
A Council that reduces its debt burden below the suggested maximum of $110 Million Dollars as soon as possible.
Council debt is currently in excess of $135M.
An open, accountable, and transparent Council.
A Council that truly reflects Community wants and aspirations Not dictates to it.
A level playing field for All People.
Greater Encouragement of Sustainable Business and Local Jobs that do not destroy the beautiful environment we are part of.

We are currently one of the poorest Local Government Areas in NSW.
A healthier economy increases the quality of life options available to People and the number of services that can be provided.

A renewed focus on Council buying local would help as would a level playing field, increased transparency, reduced up-front fees, and a Council with a ‘Can We Help’ outlook.

Ensuring Our Public water supply stays in Public hands.
To do this the new Penstock at Nymboida, which has been offered to Council by Essential Energy, needs to be included on Council’s asset register.

We are facing some very serious challenges in Our Valley.

Our Council has been judged as Not fit for the Future.
Our local economy could do so much better than it is.
And our Council has saddled itself with a debt burden that exceeds its own loans policy.

Some of our current Council will tell you everything is fine but that we need a 41% Rates Rise and a reduction in services.
That does not sound like any definition of ‘fine’ that I am familiar with.

There is a Better Way.

We have so many assets that are Un-Used and are just adding to Our maintenance costs.
The sale of some of those to bring our debts back to sustainable levels and to catch up on the infrastructure backlog buys us some time.

Sustainable development is the longer-term solution as is ensuring Council lives within its means.

It is Not up to local People to be constantly paying for Council’s mistakes.

It is up to Council to adjust their behaviours and actions to what the People of the Valley want and can afford to pay.

Text and image supplied by John Hagger

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DEBRAH NOVAK
Debrah Novak

I am excited to announce that I am a candidate in the Clarence Valley Council
election. I have worked hard for the Clarence Valley for over thirty years in a
variety of volunteer and paid positions. One of my proudest moments was having
this work recognised in the form of a nomination for Clarence Valley Citizen of
the Year in the 2016 Australia Day Awards.

It is this desire to work hard for our community that has lead me to nominate for
the Council elections and step up my contribution to the Clarence Valley.

There is hard work and tough decisions ahead for both Council, and our
community. Local infrastructure backlogs, unfair rating structures, the South
Grafton depot, lengthy DA approvals, lack of accessibility to councillors, a
proposed mega-port in Yamba and poor communication between Council and
the Community are all issues that need to be addressed.

I am putting my hand up to have a go and apply my work ethic for the next four
years towards laying the foundation for the future of the Clarence.

I don’t pretend to know everything and know I am in for a steep learning curve
should I be elected. To be honest, I can’t promise an extensive amount of political
experience to bring to the Council table, but the Council already has plenty of
political experience. Maybe now is the time it needs something different.

I can’t promise political expertise, but I can promise to be someone who will
listen respectfully to all, no matter their opinion or background. I can promise a
voice that has been in the area a long time and knows what it is like to raise
children and start a business locally. I can promise a voice that supports common
sense, getting back to basics and not spending beyond our means or slamming
local residents with a special rates variation.

I won’t be telling you how to vote nor will I be giving any other candidates my
preference vote. If I am fortunate enough to be elected I will professionally work
with whomever else you elect on the day.

My vision for the Clarence Valley is for everyone to be inspired to be part of the
conversation so that we may confront our issues together and as best we can. If I
am elected to Council, I intend to start that conversation as soon as possible.

Text and photograph supplied by Debrah Novak
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

MARTY WELLS
Marty Wells

MY 2020 VISION

Running on the under 45's ticket for Clarence Valley Council, MARTY WELLS
has his sights set clearly on the future, by focussing on a 4 year plan.

“This next Council will have to uphold a commitment to revitalise
the entire region by the year 2020, and I've got the vision to
maintain that energy.”

His main policy is structurally sound and simple: Keep our children

                          HAPPY        HEALTHY        HERE

“Anyone aged 14 now will be eligible to Vote at the next Election
Are they happy now? Are we listening to them?
What would they consider important if they wanted to be happier?
Families need to feel that Council will cease talking over their heads
and build realistic programs, to remind us all that we care about kids.”

Mental health has long been an issue of importance locally, and one that Marty feels
continues to be swept under the rug, or even addressed with only half-hearted concern.

“My work within a number of community groups has granted me insight into
how much pressure there is to achieve more than previous generations,
and how easily upset our youth can get without proper support.
We must identify the real causes behind the genuine cases of mental illness,
and act now. Not in two years time: right now.”

Marty believes that change is paramount, in order to give the Valley hope.

“We can't expect our kids to just nod and agree with us.
The current council has done almost nothing to retain the attention of
our Under 30's for long term prospects and growth. They have used social media
more as a platform to pat themselves on the back, which negates the real purpose:
To provide a two-way means of communication with all of our residents,
from all situations.”

By 2018, Marty would like to see the graduation rate from Year 12 increase to 35%
and to review previously unsuccessful plans to build a University within the Valley.

Text supplied by Marty Wells and photograph from @mwells.cvc

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ANDREW BAKER
Unknown artist’s impression of Andrew Baker

I was fortunate enough to be born, raised and to live in Maclean until 15 years old. Since then I’ve lived and worked around the Clarence Valley at Grafton, South Grafton, Maclean, Woodford Island, Mountain View, Lawrence, Ashby and Harwood Island - interrupted by 4 years in the Pilbara Iron Ore industry at Shay Gap. I started property development in Maclean in 1985.
Studying accountancy for 2 years made me realise I should become a Real Estate Agent. I completed the 3-year licensing course in 1990. In 1989 I started my own Real Estate Agency in Maclean. At the same time, cane farming for 11 years at Sportsman’s Creek from 1992 included 3 years elected director to the board of one of the top 250 Australian businesses at the time, the NSW Sugar Milling Cooperative.
I’ve attracted success, failure, achievement and support from wonderful people many times along the way. At the 2012 council elections I offered my open-book life experience to  voters. I was humbled to be then elected as councillor.
Now I’m one of 4 councillors with one shared vision and imperative - to repair the council financial failings.
And to do that without penalising the ratepayers by the proposed 41% rates increase.
We strongly believe increases above rate-pegging IS NOT the answer. A 41% rates increase will merely hide the problems for a while longer.
4 councillors, Jim Simmons, Karen Toms, Margaret McKenna and I, agree on one vital issue – fix the council financial situation without excessive rates increases. We’ve made no other promises, agreements or undertakings to each other. Each of us reserves the right to disagree on any other issue.
These 4 councillors opposed the recent 6.5% increase. 4 in a council of 9 isn’t enough. By one vote. We’ve pushed hard for conservative alternatives to be considered. 5 councillors hell-bent on rates increases, more rates increases, and ‘slug the ratepayer’ have consistently rejected any serious examination of alternatives!
As councillors we don’t need to ‘discover’ the failings. We’ve been told. By the Independent Pricing And Regulatory Tribunal (IPART), by the Office of Local Government (OLG), by NSW Government Treasury Corporation (T-Corp) and by council’s debt management consultant Ernst & Young (E&Y).
The experts tell us council is; Financially weak, financially unsustainable, Not Fit For The Future, Not spending enough on Infrastructure Maintenance, above “Moderate Risk” Debt Range by $15 million to $50 million, and way over the “Conservative” Debt Levels Range by $50million to $75million as reported by E&Y February 2015.
And we’re unnecessarily spending reserve funds on a big new depot.
The experts have told us what to do. We should; spend less, live within our means, spend on maintenance of infrastructure - not new things and, manage the excessive debt.
Financial sustainability without excessive rates increases will need strong leadership by at least 5, preferably 9, councillors.
As a voter you can start the process of building sensible financial control without massive rates rises. You can do that by voting;
Text and cartoon supplied by Andrew Baker
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Medicare: what a difference two years, two unpopular budgets and a close run federal election make to ministerial attitudes


THEN it was a bad, bad thing….

The Sydney Morning Herald, 4 January 2014:

Health Minister Peter Dutton has predicted an overhaul of Medicare, saying spiralling costs will make the system ''unmanageable'' without change.
In an interview with Fairfax Media, Mr Dutton gave the strongest signal yet that the Abbott government may adopt a politically explosive proposal to charge a $6 fee to visit the doctor…..
Annual spending on Medicare climbed from $8.1 billion in 2002-03 to $17.8 billion, an increase of 120 per cent. Growth in Medicare spending was faster than growth in the total health budget of 104 per cent over the decade, and Pharmaceutical Benefits Schedule spending, which rose 79 per cent over the same period.

News.com,au, 18 March 2015:

A NEW report has found 880,000 Australians see their GP more than 20 times a year and account for 17.1 per cent or $2.8 billion of the nation’s non hospital Medicare spend.
These people receive more than $3,200 a year each in non hospital Medicare payments and nearly half of them were also admitted to hospital, the National Health Performance Authority says.
There are 2.3 million Australians who see their doctor more than 12 times a year and they are eating up forty one per cent (16 billion) of the Medicare budget.
These patients received on average $1,850 in non hospital Medicare payments.

NOW it is something to celebrate….

Liberal MP for Farrer and Australian Minister for Health and Aging, Sussan Ley, media release, 28 August 2016:

An extra 17 million GP services were bulk billed under the Coalition last year compared with Labor following another year of record Medicare investment by the Turnbull Government, as Bill Shorten’s Mediscare lies “crumble around him” and leave the credibility of his leadership in tatters.
Minister for Health and Aged Care Sussan Ley today revealed a record 123 million out of 145 million GP services were fully-funded by the Turnbull Government at no cost to patients through Medicare during 2015-16.
This saw GP bulk billing hit a historic high of 85.1 per cent under the Turnbull Government – up from 84.3 per cent in 2014-15 – and follows the Coalition’s record $7.1 billion investment in general practice via Medicare last year.
The number of Australians accessing Medicare-funded GP services was also up by nearly half-a-million to 20.9 million last year, while the average number of services and spend per GP patient grew to 6.9 and $344 respectively…..
Overall, the number of Medicare services increased to 384 million in 2015-16 – more than one million per day – at a total cost of $21,107,750,246 – an increase of nearly $1 billion on 2014-15 – with the overall Medicare bulk billing rate also increasing to 78.2 per cent in 2015-16 from 77.6 per cent the year before.

I suspect that  a number of government MPs will be making appointments with their local chiropractor after repeating this spectacular backflip.

Monday 29 August 2016

Turnbull Government about to walk back superannuation changes and cost federal budget bottom line up to $335 million over first four years?


ABC News, 23 August 2016:

Independent costings suggest the Federal Government could end up losing money out of its proposed overhaul of superannuation changes if a key measure is watered down.
The Government has proposed a $500,000 limit on after-tax contributions to superannuation, in a move it says will save $500 million over four years.

The changes have upset a number of Coalition MPs, with some pushing for the $500,000 limit to be increased.

Analysis conducted by the Parliamentary Budget Office (PBO) — commissioned by the Greens before the Government's proposal was put in place — suggest any increase of that limit could see those budget savings evaporate.

The PBO document from last year modelled the impact of hypothetical caps on superannuation after-tax contributions, ranging from $500,000 to $800,000.

According to the PBO, placing a $500,000 lifetime cap — which the Government is proposing — will see an additional $165 million put into government coffers over four years.
Increasing that cap to $600,000 would see those savings disappear — and end up costing the Government $85 million over the same period.

An $800,000 cap would cost the Government $335 million.....

The analysis did not look at the impact of back-dating the measures to 2007, which is a key part of the Coalition's proposal……

Mr Morrison announced the cap in non-concessional contributions as part of an overhaul of the superannuation system, forecasting it would save $550 million, starting from July 1, 2017.
Mr Morrison has been negotiating with the backbench following concerns raised within the Coalition about aspects of the policy.

On Monday, Mr Morrison resisted rolling-back on superannuation unless savings were found from elsewhere.

"I would find it pretty hard to look my kids in the eye and tell them they have got to saddle a higher debt because someone who had a very big income wanted to pay less tax," Mr Morrison told 2GB.

The changes are yet to pass through Federal Parliament.