Australia has joined the Open Government Partnership (OGP) - but will that make a difference?

The international Open Government Partnership (OGP) is a voluntary, multi-stakeholder international initiative created to promote transparency, empower citizens, fight corruption, and harness new technologies to strengthen governance according to the Australian Government.

The Gillard Government committed to this organisation's principles on 22 May 2013:

OGP was launched in 2011 to provide an international platform for domestic reformers committed to making their governments more open, accountable, and responsive to citizens.  Since then, OGP has grown from 8 countries to the 70 participating countries. 

According to the France and the World Resources Institute Co-Chair Declaration for OGP, October 2016 - September 2017; Establishing an open government is essential for the renewal of democracy and public action. Open government is building a world where increased government transparency and stronger accountability to citizens leads to greater prosperity and wellbeing. A world in which access to information restores faith in government and rekindles a desire among citizens to engage with public officials and build trust. A world where open government means government for the people and which serves the larger public interest. A world where collective wisdom reinforces public action to address the great challenges facing our planet.

Unfortunately the level of redactions in Freedom of Information (FOI) documents supplied by Australian federal governments to date frequently makes a mockery of these aims.

Right to Know is a website dedicated to Australian requests for information made under FOI legislation.

If readers are interested they may browse the available requests as well as documents supplied here.

Using tax offsets as a principal funding device to encourage self-assessing corporations to conduct research and development. What could possibly go wrong?

Providing a tax incentive for industry to conduct, in a scientific way, experimental activities for the purpose of generating new knowledge or information in either a general or applied form. [C’wealth Income Tax Assessment Act 1997 - SECT 355.5]

What could possibly go wrong when a federal government primarily funds business research and development (R&D) by offering private corporations tax offsets for conducting such activities, while at the same time allowing them to self-assess whether they are eligible for these tax incentives and whether their research is genuine?

Well for a start, the companies involved tend to employ less science, technology, engineering and mathematics graduates to conduct their R&D.

Given that on 15 June 2016 The Australian reported that; the Productivity Commission says STEM graduates fare poorly in the job market, apart from those who have studied healthcare, mining engineering and surveying. The outlook for mathematics and computer science qualifications are only slightly below average, however there are big gaps for graduates in life sciences, chemistry and the physical sciences. Employment outcomes improve three years after graduation, but 20 per cent of people with bachelor degrees in natural and physical sciences have still not got a job. Of those who do get work, many are in an unrelated field. About a quarter of people with science degrees say their qualifications are not relevant to their employment, one has to wonder why business and industry in Australia are not availing themselves of these qualified graduates.

Then there is the fact that it appears that this government program is not always well targeted.

Another flaw in this system is that voters have no way of knowing which companies are receiving these tax incentives and how much they are receiving, or of assessing what government foregoing so much tax income annually actually achieves as outcomes for the economy.

If science actually matters to the Turnbull Government it should matter not just in universities and identified research institutes but in all its aspects – including allegedly market-driven R&D.

One has to suspect that a little more academic discipline in business research and development might lead to better outcomes.

BACKGROUND

Dept. of Industry, Innovation and Science, Review of the R&D Tax Incentive (Ferris, Finkel and Frasier) 4 April 2016:

The R&D Tax Incentive (the Incentive) is the largest component of Australian government support for innovation, with around 13,700 entities performing $19.5 billion of R&D at an estimated cost to government of $2.95 billion in 2013-14. The Government commissioned this review to:

‘identify opportunities to improve the effectiveness and integrity of the R&D Tax Incentive, including by sharpening its focus on encouraging additional R&D spending.’

Reviewing the programme against these terms of reference involves the evaluation of the programme against its objectives, weighed against the costs, to measure the net social benefit.

The objectives, as stated in the programme’s legislation, are to ‘encourage industry to conduct research and development activities that might otherwise not be conducted…to benefit the wider Australian economy’. In other words, the Incentive seeks to encourage additional R&D (additionality) that benefits others (spillovers).

Most OECD countries have incentive schemes for R&D. Australia and most other countries use tax incentives as part of their public support, but Australia, Canada and the Netherlands are unusual in having tax measures as the principal form of support for business R&D. Countries such as Finland, Germany and Sweden are examples at the other end of the spectrum, in that they do not use tax incentives at all but rather support business R&D through direct measures such as competitive grants.

Overall assessment

The review panel finds that the programme falls short of meeting its stated objectives of additionality and spillovers. There are a number of areas where improvements could be sought in order to improve the effectiveness and integrity of the programme and achieve a stronger focus on additionality.

Based on the best estimates of additionality and spillovers, the panel found that the programme could be better targeted. The areas of improvement identified in this review would be likely to generate greater benefit from the programme for the Australian economy.….

The panel notes that there is a modest amount of collaboration with publicly-funded research organisations (PFROs) within the programme, but it is not an explicit focus. The panel also notes the low employment level of Science, Technology, Engineering and Mathematics (STEM) PhD graduates in Australian industry relative to other OECD countries. This represents a lost opportunity for greater spillovers of knowledge between larger companies, PFROs and the broader marketplace…..

The panel notes that despite the level of coordination between AusIndustry and the ATO, the significant growth in the scale of the programme is placing increasing strain on the administrative and compliance model for the programme. The Government should consider options to improve administration. These could include: adopting a single application process rather than the current separation of registration and claims, introducing a single database for the entire programme, reviewing whether both AusIndustry and the ATO should continue to administer the programme jointly and closer collaboration and streamlining around review and findings. Either or both agencies may require additional resourcing to enable such improvements.

To place the programme into alignment with modern expectations and to allow public visibility of companies receiving public support for their activities, tax secrecy provisions should be adjusted to allow the publication of the names of companies claiming the Incentive and the amounts of R&D they have claimed…..

The Great Barrier Reef: black letter days

It’s time to ask incumbent federal MPs and senators what they intend to do to when faced with legislative bills or ministerial decisions which have the potential to negatively impact on The Great Barrier Reef and to make it very clear that their answers will decide votes in July 2016.

The Sydney Morning Herald, 20 April 2016:

Scientists surveying the mass coral bleaching on the Great Barrier Reef say only 7 per cent of Australia's environmental icon has been left untouched by the event.

The final results of plane and helicopter surveys by scientists involved in the National Coral Bleaching Taskforce has found that of the 911 reefs they observed, just 68 had escaped any sign of bleaching.

The severity of the bleaching is mixed across the barrier reef, with the northern stretches hit the hardest.

Overall, severe bleaching of between 60 and 100 per cent of coral was recorded on 316 reefs, almost all of them in the northern half of the barrier reef. Reefs in central and southern regions of the 2300 kilometre Great Barrier Reef have experienced more moderate to mild affects.

The mass bleaching event has been driven by significantly higher than average sea temperatures as a result of the current El Nino event, coupled with a long-term warming of the oceans due to climate change.

While the barrier reef has experienced mass coral bleaching events in the past – notably in 1998 and 2002 – Professor Terry Hughes, convenor of the bleaching taskforce, said the current event was by far the biggest.

Sky News, 24 March 2016:

*It could be too late to reverse the effects of coral bleaching in large swathes of the Great Barrier Reef caused by man-made climate change, a leading academic fears.

Professor Justin Marshall, from The University of Queensland's CoralWatch team, has just spent 10 days at the Lizard Island Research Station, north of Cairns, gathering data and images of coral bleaching in the northern part of the reef.

Prof Marshall said almost all of the coral in a 500km stretch of the reef was bleached and about half of that coral was dead because of the bleaching.

He said sometimes coral could recover from bleaching, where it becomes white after losing the symbiotic algae that brings it nutrients, but when there was large-scale coral death like in this situation, it was far less likely.

'The absolute figures are unknown and our research is ongoing to determine that,' Prof Marshall said.

'Over the next few months we'll be able to give you an answer, but to be honest I'm a bit pessimistic.'

Prof Marshall said the coral bleaching in the area was the worst he'd ever seen it.

'I have kids, I love to take them up to the reef, but to be honest, I would have been ashamed to take my children up there this time,' he said.

He said global warming was causing coral bleaching, which wasn't helped by El Nino conditions this year.

'There is an additional natural fluctuation, but that must not deflect our realisation that this is definitely a man-made, carbon-emission event, which is killing the Australian reef,' Prof Marshall said.....

ABC News, 28 March 2016:

An aerial survey of the northern Great Barrier Reef has shown that 95 per cent of the reefs are now severely bleached — far worse than previously thought.

Professor Terry Hughes, a coral reef expert based at James Cook University in Townsville who led the survey team, said the situation is now critical.

"This will change the Great Barrier Reef forever," Professor Hughes told 7.30.

"We're seeing huge levels of bleaching in the northern thousand-kilometre stretch of the Great Barrier Reef."

Of the 520 reefs he surveyed, only four showed no evidence of bleaching.

From Cairns to the Torres Strait, the once colourful ribbons of reef are a ghostly white.

"It's too early to tell precisely how many of the bleached coral will die, but judging from the extreme level even the most robust corals are snow white, I'd expect to see about half of those corals die in the coming month or so," Professor Hughes said.....

Professor Hughes said he is frustrated about the whole climate change debate.

"The government has not been listening to us for the past 20 years," he said.

"It has been inevitable that this bleaching event would happen, and now it has.

"We need to join the global community in reducing greenhouse gas emissions.

"For me, personally, it was devastating to look out of the chopper window and see reef after reef destroyed by bleaching.

"But really the emotion is not so much sadness as anger.

"I'm really angry that the government isn't listening to us, to the evidence we've been providing to them since 1998.".....

Federal Election 2016: don't have a heart attack on Fridays

Live in a small coastal village or larger town on the NSW Far North Coast or on a Northern Rivers farm 100 km inland from the sea?

Then you have been living this situation for years.

The Northern Star, online editorial, 30 April 2016:

We live in two of the most marginal seats in Australia in the upcoming federal election and that puts us in the box seat as voters.

Our vote is crucial, what ever way you look at it.

If the Coalition wants to hang on to power it wouldn't want to lose Page, while Richmond is held by Labor's Justine Elliot by a margin of just 1%.

The past two state elections in Queensland and NSW have shown voters are swinging wildly and any form of comfortable political loyalty has flown out the window.

To be completely mercenary about it, neither major party can afford to take the people of the Northern Rivers for granted.

We live in a wonderful part of the world, that's why we are all here. But it's time for voters to rise up and demand the same sort of lifestyle someone living in the city can expect.

That's what our current Fair Go campaign is all about - closing the gap between city and country.

Health figures we've highlighted today paint a stark contrast…..

It suggests to me that our fair share of programs and support services in suicide and cancer are aimed at the wrong part of the country.

And we should demand to know from every candidate standing in Page and Richmond, what they are going to do about it?

The Daily Examiner, online, 30 April 2016, p. 1:

If you're going to collapse from a heart attack in the Clarence Valley, don't do it on a Friday says local doctor Allan Tyson.

Dr Tyson, who is a specialist anaesthetist and emergency doctor at Grafton Base Hospital, said having a heart attack on Friday was not a wise move because the cardiac unit at Coffs Harbour was only available three days a week and Friday was not one of those days.

"The standard of treatment you would get here is a standard lower than you would get if you lived in the metropolitan area," Dr Tyson said.

"Here they would give you blood thinners and hope that the problem didn't reappear

"If it was a real emergency you could be flown to John Flynn (on the Gold Coast) for treatment."

He said in contrast a patient in a metropolitan scenario would have access to the latest cardio services almost instantly…..

The Daily Examiner, 30 April 2016, p. 4:

Clarence Valley residents are more likely to die of avoidable diseases caused by smoking, drinking and obesity than Aussies living in capital city suburbs.

A special ARM Newsdesk analysis of public health data shows the long-term outlook for our region's residents is dire.

The Daily Examiner today reveals a set of shocking statistics as we ramp up our Fair Go for Clarence Valley campaign in the lead-up to the mooted July 2 double dissolution election.

We are calling for iron-clad federal guarantees on a range of issues including health, education and employment so we can have the same advantages and outcomes as metropolitan Australia.

An in-depth analysis of data from the Social Health Atlas of Australia reveals the following alarming health trends for our region.

At least 22.8% of Clarence Valley residents smoke compared to 14.5% in the region's closest capital city, Brisbane.

About 5.4% of our residents drink alcohol to excess. This figure is higher than Brisbane on 4.9%.

Almost one third of the Clarence Valley population is obese. At 31.9%, our obesity rate is higher than Brisbane's 25.2%.

Our avoidable cancer death rate of 121.5 per 100,000 residents from 2009 to 2012 was significantly higher than Brisbane's 93.6.

Deaths from avoidable heart disease in the same period hit 26.9 per 100,000 people in Clarence Valley. This was higher than Brisbane's rate of 25 per 100,000 residents.

The recent Medical Research and Rural Health -- Garvan Report 2015 confirms that death rates from chronic and avoidable diseases increase the further you get from capital cities.

The Garvan Research Foundation found regional areas also had steeper rates of high blood pressure, diabetes and mental health problems.

The report reveals many reasons for the health disparities, but most of them revolve around a set of social factors that include smaller household incomes, higher risk jobs such as mining and farming, a lack of similar specialist medical services compared to metropolitan Australia and the higher cost of transporting healthy foods such as fresh fruit and vegies to our region.

"The foundation of all good policy is a solid information base and a good understanding of the realities facing any sector of the population," Garvan chief executive Andrew Giles said.

Australian Medical Association vice-president Dr Stephen Parnis agreed, saying it would take long-term commitments from successive governments to reverse the Clarence Valley's negative health trends.

Dr Parnis said the first step towards bridging the gaps was ensuring our region had the same health services as those available to capital city residents…..

The Northern Star, 30 April 2016, pp.1 & 6:

The suicide rate per 100,000 in Sydney is 5.3%. In the Northern Rivers it's 12.5% Avoidable cancer deaths per 100,000 people in the Northern Rivers is 103.7. In Sydney it's 95.1…..

"I need to keep across the readings. But as a pensioner I won't be able to afford the 29 tests per year."

Pathology companies are threatening to introduce a $30 co-payment for all medical tests, including pap smears, MRIs and blood tests, if the government goes ahead with the cut.

Mr McPherson's cluster headaches -- much more significant than migraines -- usually take 10 to 12 years to diagnose.

"The lithium reduces the pressure in the nerves. I will need lithium monitoring for the rest of my life," he said.

"I'm about to go on my second program of lithium which is only used in extreme cases of this condition.

"Everything I do has to be inside because light is a trigger for this condition."

"When I saw the Federal Government had made a decision to stop bulk billing of blood tests and pap tests and MRIs, I realised the situation was going to be quite awkward on a pension," he said.

This week doctors at 5500 private collection centres began approaching their patients to sign a petition asking the Senate to block the cuts.

However, according to a new report from the Grattan Institute, taxpayers could save over $240 million a year if the government made pathology companies tender to provide testing services. According to the report, pathology companies now benefit from cheaper, automated testing.

Far from calling for an exemption for his specific case, Mr McPherson has instead called the cuts a war on women.

"Women will die because they will not get regular pap smears which can detect and prevent cancer. It's false economy," he said.

"At cabinet level, did they have a document, which explored the impact of this policy in term of rates of mortality for women?

"And did they say we can accept that?

"Someone has made a decision here, without thinking of the broader impact of the community."

News Mail, 30 April 2016:

Getting good doctors to commit to the bush long-term is a huge struggle so two of the country's key health lobby groups have prescribed a simple remedy - more money.

The Rural Doctors Association of Australia and the Australia Medical Association say there is room in the multi-million dollar Commonwealth-funded Service Incentive Payment program to apply higher remoteness loadings for GPs happy to relocate from the city.

In releasing the RDAA and AMA's Rural Rescue Package, Dr Ewen McPhee said extra financial support aimed at "revitalising and sustaining" rural medical services could be the key to closing health gaps.

The RDAA president said financial incentives based on the remoteness of the area in which GPs worked was the way to go.

"Over the past two decades, many rural and remote communities have found it increasingly difficult to attract and retain doctors with the right mix of skills to meet their health and medical needs, including GPs with advanced skills training who can provide acute services in the hospital setting," Dr McPhee said.

"The Rural Rescue Package would make a huge difference."

The Daily Examiner, 30 April 2016, p. 5:

Maclean Hospital has a constant wish-list of equipment that government cannot fund, so a dedicated group of women and men take it on themselves to do something about it.

The Maclean Hospital Auxiliary have been raising money for the past 70 years and in the past year have raised about $75,000 for the hospital.

Add this to another $107,000 of equipment on order, and that's a lot of cakes and biscuits being sold at stalls.

"They give us a wish list, the articles they need, and then we go down through the list and supply them with whatever monies we have at the time," president Sandra Bradbury said.

"We do various fundraisers, we have four stalls a year, street stalls and we bake cakes."

Without the help of donations, Mrs Bradbury said the hospital would not be nearly as well off.

"It used to be a full running hospital and now it's not... years ago it used to have a children's ward and a birthing place," she said.

The Daily Examiner, online, 29 April 2016:

This is a tale of two babies.

They were born 600km apart, but statistics suggest their prospects are worlds apart.

Data shows Clarence Valley newborn Charlotte Billett, pictured above with parents Stacey and Jeremy, is at risk of dying 4.9 years earlier than Sophia Milosevic, pictured right with her mum Kate.

For both children, their distance from capital cities makes all the difference.

Sophia's home is in the Federal seat of Bennelong in the north of Sydney, a seat long held by former prime minister John Howard.

Charlotte was born in Grafton, 310km from Brisbane and 890km from Canberra.

A special Daily Examiner investigation reveals how regional Australia has been let down, with health, education and infrastructure funding failing to help those who need it most.

In Grafton, the life expectancy for a baby born in 2014 is 80.4 compared to 85.3 where three-month-old Sophia lives in the Sydney suburb of Ryde.

Australian Bureau of Statistics figures reveal the median age of death for locals is 80 compared to 84 in the Ryde council area…..

Public health policy expert Dr Rob Moodie said Grafton's life expectancy rates and median age of death would not improve until the Clarence Valley matched its metropolitan cousins on income, education, employment and access to more top-quality health services…..

The Norther Star, 28 April 2016, p.6:

Over 420,000 Australians have banded together to back up pathology centres in their fight against cuts to bulk billing incentive payments.

Local collection centres advertised their Don't Kill Bulk Bill petition for patients to sign and health centres to get on board.

Natarsha Wotherspoon of Lismore chemist, Blooms, wanted to help.

"It's hard to come up with money for all your health needs ... How many people can't afford to eat, let alone pay for a blood test?" She said.

"If you're very ill and you're getting blood tests two or three times a week, the last thing you need to be thinking about is how you are going to pay for all these tests."

Ms Wotherspoon and the other chemist staff collectively gathered over 2000 signatures.

The Turnbull Government announced on December 17 it would scrap payments to pathologists and diagnostic imaging services when they bulk billed patients, saving $650 million over four years.

Health Minister Sussan Ley said the sector could absorb the losses, but pathologists disagreed.

President of Pathology Australia Nick Musgrave said pathologists would have to charge patients a co-payment…..

The Northern Star, 23 April 2016, p.8:

They were born 730km apart, but statistics suggest their prospects are worlds apart.

Data shows Frankie Lindsay is at risk of dying four years earlier than Sophia Milosevic, pictured right with her mum Kate.

For both children their distance from capital cities makes all the difference.

Sophia's home is in the Federal seat of Bennelong in the north of Sydney, a seat long held by former prime minister John Howard.

Frankie was born in Casino, 195km from Brisbane and 1000km from Canberra.

A special Northern Star investigation reveals how regional Australia has been let down, with health, education and infrastructure funding failing to help those who need it most.

In Lismore, the life expectancy for a baby born in 2014 is 81.2 years compar- ed with 85.3 where three- month-old Sophia lives in the Sydney suburb of Ryde…..

Meanwhile, Ms Milosevic said there was no better place to raise a child in Australia than Ryde.

"It is a Liberal seat so it seems to do very well for itself," she said.

"There are constantly things happening, new playgrounds and projects with new funding.

"It's brought a different demographic of people and the area has become quite affluent."…..

The Northern Star, editorial, 23 April 2016, p.9:

…..Prime Minister Malcolm Turnbull will take the country to the polls within months.

Getting a Fair Go for our region will be our priority through the election campaign.

Mr Turnbull and Bill Shorten have questions to answer. Their parties must prove we are a priority.

Our sister papers across Queensland and northern New South Wales - and those of NewsCorp - will fight for the same thing.

Together, we represent the more than 6 million Australians who don't live in the big cities. Combined we reach 3.3 million readers a month.

Politicians beware: That's a lot of voters.

One in three Australians live in the regions - and they deserve the same access to health care, education, and employment prospects as those in our capital cities.

They're not getting it now, and that has to end.

Living in the bush, or at the beach, should not be a life sentence.

Little Frankie deserves better.

In his 2017-17 Budget speech last night Treasurer Scott Morrision announced an estimated additional $2.9 billion over three years for public hospital services.

With this sum having to be cut seven ways between the states and territories, I think one may safely say that Far North Coast health services will continue to lag behind those in the metropolitan areas across Australia and our life expectancy and health outcomes will continue to be lower under this federal government.

Australian Federal Election 2016: is there an ounce of humanity left in Liberal, Nationals and Labor politicians? *WARNING: GRAPHIC IMAGE*

Enough is enough. It’s time cease off-shore detention on Nauru as well as close the centre on Manus Island and face up to our collective responsibilities under international law.

The Sydney Morning Herald, 27 April 2016:

Pregnant asylum seekers detained on Nauru could be exposed to the Zika virus, with the Department of Immigration and Border Protection confirming there had been cases of the mosquito-borne disease on the island nation.

The revelation was made in the department's submission to the Senate inquiry into the treatment of asylum seekers at Australia's regional processing centres on Nauru and Manus Island.

Detainees have been issued with heavy-duty insect repellent in order to fend off the virus, which has been linked to a serious birth defect of the brain called microcephaly.

The Australian government's smartraveller website currently recommends women who are pregnant or trying to get pregnant should consider postponing travel to any area where Zika virus is active.

"If you do decide to travel, talk to your doctor first and strictly follow steps to prevent mosquito bites during your trip," it says.

On Wednesday evening, Australian Medical Association (AMA) vice-president Stephen Parnis said pregnant asylum seekers on Nauru needed to be protected, assessed and "not exposed to any risk". He stopped short of saying whether the woman should be removed from the island.

The admission that Zika is present on Nauru comes in the same week senior doctors, including the AMA, raised grave concerns about the standard of medical care available to asylum seekers held in offshore detention, which they said would not be accepted in Australia.

In its submission, the department said "every precaution" was being taken to stop transferees contracting the Zika virus. 

The Sydney Morning Herald, 27 April 2016:

The source said the man spoke to UNHCR representatives of "the intolerable mental and physical pressure on refugees and particularly on himself, who [is] imprisoned at Nauru."

UNHCR regional representative Thomas Albrecht said his organisation was concerned about the "grave mental state of asylum seekers and refugees" and urgent action was needed to prevent further suffering and address worsening mental health.

The UNHCR had been in Nauru since Sunday conducting a monitoring mission of arrangements for asylum seekers and refugees transferred from Australia.

A refugee advocate who is in close contact with those at Nauru said tensions were high after the Papua New Guinea Supreme Court on Tuesday ruled the Manus Island detention centre was illegal, opening up the prospect that detainees there could be released.

"People are thinking 'what about us'. They are feeling desperate," the advocate said, adding she believed the man had burns to 80 per cent of his body.

The incident follows a Nauruan court decision in February to convict and fine a refugee for attempted suicide in a move authorities said was designed to "stamp out the practice".

Dept. Immigration and Border Protection, media release, 29 April 2016:

A 23-year-old Iranian man who set himself on fire in Nauru has tragically died today from his injuries.

Appropriate support is being provided to his wife and friends.

The man was taken to Republic of Nauru Hospital for medical treatment by the Nauruan authorities. He was then transferred to Australia by air ambulance for medical treatment. The man passed away this afternoon in a Brisbane Hospital.

The Department expresses its sympathies to his wife, family and friends.

The death will be reported to the Queensland Coroner. No further comment will be made at this time.

Facebook:  Doctors4refugees, 29 April 2016

The death of Omid once again exposes the lie that people offshore have the same medical care as those in the Australian community.
We know that the Nauru hospital staff struggled with maintaining an adequate airway and had difficulties accessing an intravenous line. These are quite difficult to do in a severe burns victim and needs a specialised team immediately. Some parts of remote Australia may also not have this expertise but he would have been airlifted out to a tertiary hospital in a matter of hours.
When he got to Brisbane we [sic] was grossly oedematous (swollen) from the loss of vital proteins and had fluid leaking into his lungs, further impairing his breathing. Much of this was clearly compounded by the early lack of adequate oxygenation.
It is not an unusual complication; it’s entirely predictable in a person with this level of burns
This tragic outcome once again demonstrates the complete impracticality of accommodating these highly vulnerable people so far from Australia.

"Omid" set himself alight on 27 April, was airlifted to a Brisbane hospital sometime on 28 April – approximately 22 hours after self-harming. He died on 29 April 2016.

He appears to be the third asylum seeker who has died after setting themselves alight since June 2014 and the eighth offshore detainee who has died since August 2002.

UPDATE

ABC AM, 2 May 2016:

Shocking video and new details have emerged that raise questions about the standard of medical care given to the asylum seeker who set himself on fire on Nauru last week. Omid Masoumali died on Friday in a Brisbane hospital, two days after his injuries. His grieving wife Nana has told doctors on the mainland that while on Nauru, Omid was without a doctor's care for two hours at the medical facility and lay in agony a further eight hours before morphine was administered….

Omid Masoumali's body will be flown back to Iran.
His family have been asked to pay the $17,000 cost.

The Guardian, 3 May 2013

The young Somali woman who set herself alight on Nauru – the second refugee in a week to do so – has been taken to Australia by air ambulance, but her situation remains critical.

Hodan, 21, doused herself and set herself alight inside the OPC1 section of the detention centre on Nauru.

According to reports, she suffered severe burns to most of her body. One person reported “all of her clothes were burned off”.

Human Rights Commission President Gillian Triggs on the ignorance, guile and bully boy tactics of Australian politicians

Excepts from an interview with President of the Australian Human Rights Commission, Professor Gillian Triggs, in The Saturday Paper on 23 April 2016:

Ramona Koval Did you think it was going to be this hard when you started at the commission? 

Gillian Triggs [laughs] No! I had absolutely no idea. I rather naively thought if you’d been dean of a law faculty you could manage anything. I was unprepared for dealing with senior political figures with no education whatsoever about international law and about Australia’s remarkable historical record which they are now diminishing. We’ve got senior public servants who will roll their eyes at the idea of a human right. They say, “Look, Gillian, you’re beating a dead horse.” It’s not going to work, because they can’t talk to the minister in terms of human rights. We’ve had, in my view, very poor leadership on this issue for the past 10 to 15 years, from the “children overboard” lie. They’ve been prepared to misstate the facts and conflate asylum-seeker issues with global terrorism. What I’m saying applies equally to Labor and Liberal and National parties. They’ve used this in bad faith to promote their own political opportunistic positions…..

RK You’ve said, “When I was younger I thought one could build on the past. But I have learned that we need to be eternally vigilant in ensuring human rights in a modern democracy.” Is that a sense of an idea of conservatism, building on the past, not letting go of good things that have been achieved? And feeling that confidence in that idea has been shaken?

GT A shocking phenomenon is Australians don’t even understand their own democratic system. They are quite content to have parliament be complicit with passing legislation to strengthen the powers of the executive and to exclude the courts. They have no idea of the separation of powers and the excessive overreach of executive government. 

RK Sisyphus comes to mind.

GT Well, it’s quite true. One can be astonished at the very simplistic level at which I need to speak. Our parliamentarians are usually seriously ill-informed and uneducated. All they know is the world of Canberra and politics and they’ve lost any sense of a rule of law, and curiously enough for Canberra they don’t even understand what democracy is. Not an easy argument to make, as you can imagine: me telling a parliamentarian they need to be better educated. [laughs] But it’s true.

RK Have you done that?

GT Oh, I have. And I have to say that some parliamentarians, and surprising ones, a Nationals MP, says “Come and give us a seminar.” Another one asked me to come up and work in parliament with the members of a particular committee that she was on. Terrific! But they listened to me and do you know, the response of some of them was, “Well, we had no idea Australia had signed up to these treaties. We should withdraw from them!” So backward steps! You still hear people say we must withdraw from the Refugee Convention or we must withdraw from the International Covenant on Civil and Political Rights……

RK I was astonished listening to him – how could the chair of the committee say he hadn’t read the report with such pride? 

GT I know. So I could have reacted very angrily to that and I am quite articulate and I can be very strong if I need to be: I could have used those skills, but I determinedly did not. It’s an environment in which I must be respectful, so frankly I thought as a lawyer I’d lose my case if I did [react angrily]. There was a point when I thought, “I’ve had 50 years as a reasonably respectable and quite conservative lawyer, how on earth do I find myself in this situation?” [laughs] But in the end I just had to get through the moment. But there were some lovely little side things, like the public servants behind the scenes, coming around with bowls of Jelly Snakes and Jelly Babies and mini Mars bars. Because we’d had nothing to eat, and they wouldn’t get us any food. The senators and members of the committee were all going off and having lunch. We’d had no breakfast, no morning tea and no lunch and I thought I’d faint, but these wonderful people were coming in and we were grabbing the food and eating it and they were saying [sotto voce], “You do realise that we are not responsible for this, don’t you?”, because some might think the secretariat had fed them these questions. 

RK But it was all the senators’ own work? 

GT With the attorney-general sitting next to me and encouraging it. And he was writing the questions which would be taken by his staff up to one of the senators, so feeding them the questions – an extraordinary experience. People were hugely supportive afterwards. Flowers were coming in. Each one brought a cheer from the staff and eventually it was so full that I couldn’t get in the room anymore. It was almost as though I had died the week before, and I’m thinking I must have missed something because I’m still standing here…….

RK The extent of the hostility and the personal nature of the attacks must have shocked you. 

GT To use those terrible words that the prime minister and especially the attorney-general used: “We have no confidence in Gillian Triggs.” The words reverberated around my head for a very long time. It was a very cruel and unjustified comment and the attempt to get me to resign for another position was a disgraceful thing to do, but it was exposed by the questions in senate. I could have had other options, the possibility of criminal prosecutions of the attorney. 

RK I wondered why you decided against pursuing that avenue? 

GT The AFP did consider it. They dealt with it extremely professionally. They were courteous but I made the decision that the greatest recognition of this wrongdoing was in the senate itself, when the senate censured the attorney for the first time in about 80 years and I felt that this issue was much more political than it was legal. I also wanted to move on, and I think that this underlies a lot of cases that don’t proceed…… 

RK I see that you have not let the 2015 experience cower you. You have made many comments on matters that you have proper concerns in – from marriage equality and Safe Schools programs to calling for monitoring of conditions for asylum seekers and refugees in offshore detention centres to concerns about counterterrorism laws. It looks like, if the government thought they could bully you into submission, they made rather the wrong call.

GT I’ve just turned 70 and I’ve been doing this for a long time and I’m so confident about the law and about the evidence for the law not being respected that I feel very sure-footed in going forward on these other issues. My resilience and determination and experience for a long time in the law give me the determination to get through the remaining 15 months to continue to speak out. When you see that you are being bullied by people who you know are not coming from a good place, you know you don’t have to give in to them. They are cowards and the moment you stand up to them they crumble, and they did crumble. And several now have been seen off long before me. They’re not used to a woman aged 70 standing up to them. They can’t quite believe it. If I were 40 looking for a career opportunity, I probably wouldn’t do what I’ve done because it would have queered the pitch for me professionally. But why do I care now? I can do what I’m trained to do and they almost can’t touch me. And I’ll continue to do that work when I’ve finished with this position.

Read the full article here. 

Australian Federal Election 2016: nowhere to run to, nowhere to hide

It is not just individual taxpayers who should be worried about being caught out using Panama-based firm Mossack Fonseca & Co to allegedly hide unexplained wealth or avoid/evade tax on income earned in this country.

The Turnbull Government should also be worried because this story is likely to run right through the federal election campaign this year and, it is not outside the realms of possibility that names will surface which include known Liberal Party political donors.

It is already a problem for the Prime Minister and Cabinet because along with many other federal government departments/agencies, the Australian Dept. of Defence and Department of Immigration and Border Protection have previous and current contracts with Wilson Security Pty Ltd, a client of Mossack Fonseca.

Neither Defence nor Immigration appear to have conducted genuine due diligence on this company during tender processes, as evidence by their response here and here.

On 4 April 2016 ABC News reported:

Leaked documents have revealed that two brothers embroiled in a massive Hong Kong corruption scandal were ultimately in control of an Australian security company that earned roughly half a billion dollars in lucrative government contracts.

The two billionaire brothers, Thomas and Raymond Kwok, were charged with bribing a Hong Kong government official in July 2012 in a case that shook the Hong Kong establishment.

Soon after their arrest, the leaked documents, obtained by the ABC's Four Corners, show the brothers covertly remained directors of the offshore company that ultimately controls Wilson's operations in Australia — Wilson Offshore Group Holdings (BVI) Limited…..

In December 2014, Thomas Kwok was convicted of the bribery offences and sentenced to five years in prison.

His brother Raymond Kwok was acquitted of all charges.

According to Jason Sharman, professor at the Centre of Governance and Public Policy at Griffith University, the "common sense" definition is that the company listed as the ultimate holding company is "not only the legal owner but the entity in control," he said.

"You would expect that if you've got a company at the top of the chain that is in control of a lot of assets, people would really want to know who they are working for, who they are owned by and who they are being directed by," said Professor Sharman…..

Since the arrest of the Kwok brothers in July 2012, Wilson Security secured a sub-contract to provide garrison services for Australia's offshore detention centres on Nauru and Manus Island as well as various other contracts with Defence, The Australian Tax Office and the Department of Prime Minister and Cabinet.

The Kwok brothers maintained effective control as directors via a covert manoeuvre facilitated by Mossack Fonseca.

Two weeks after the brothers were charged, both Thomas and Raymond Kwok removed themselves as directors from Wilson Offshore Group Holdings (BVI) Limited but replaced themselves with two mysterious new directors that were companies, Winsome Sky and Harmony Core.

The leaked files show the directors of those mystery companies were in fact the Kwok brothers themselves.

Thomas Kwok signed on as the director of Winsome Sky on July 30, 2012, and on the same day Raymond signed on as the director of Harmony Core……

Wilson Offshore Group Holdings (BVI) Limited was originally registered in 1991 under a different name, Covert Investments.

Thomas and Raymond Kwok, as well as their older brother Walter, were early directors of Covert Investments before it changed its name to Wilson Offshore Group Holdings (BVI) Limited in 2004.

BACKGROUND

The company founded by Jürgen Mossack and Ramón Fonseca says of itself:

Established in 1977, the Mossack Fonseca Group is a leading global company which provides comprehensive legal and trust services.

With over 500 staff members across every continent, the Mossack Fonseca Group provides excellent services based on more than 35 years of experience. As part of its added value, the Group offers personal advice and a world-class online experience through a virtual Client Portal which is available 24 hours a day. Our web-based Client Information Portal application allows clients to reserve companies online, verify the status of companies, and pay invoices, in addition to other transactions.

Our service and research-oriented professionals specialize in trust services, wealth management, international business structures, and commercial law, among other areas.

Our product and service portfolio is constantly updated and renewed, enabling the Group to find the appropriate solution for your business. We offer research, advice and services for the following jurisdictions: Belize, The Netherlands, Costa Rica, United Kingdom, Malta, Hong Kong, Cyprus, British Virgin Islands, Bahamas, Panama, British Anguilla, Seychelles, Samoa, Nevada, and Wyoming (USA).

Our law firm has specialized attorneys experienced in all areas of law such as shipping, immigration, contracts and intellectual property, as well as commercial law in general. We also assist clients in physically relocating to Panama and supporting them with regard to all of the steps required, from handling immigration matters and buying or renting property to establishing their business in Panama.

Australian Taxation Office media release 4 April 2016:

ATO statement regarding release of taxpayer data

Recently, the ATO received data in relation to a Panamanian law firm containing names of a significant number of Australian residents. Currently we have identified over 800 individual taxpayers and we have now linked over 120 of them to an associate offshore service provider located in Hong Kong.

These cases relate to the release of data by transparency or media organisations in Australia and overseas. ATO intelligence on tax evasion comes from a variety of sources, including from concerned citizens, advisers, partner agencies and international bodies. For example the ATO has raised tax liabilities of around $400 million from data supplied by confidential informants.

Deputy Commissioner Michael Cranston said that since the completion of the offshore disclosure initiative 'Project DO IT', the ATO has ramped up its compliance work to deal with those taxpayers who have failed to disclose offshore income and assets. Sharing information and coordinating action closely with other tax administrations is a large part of this work.

"We promised the community that following Project DO IT we would continue to build our intelligence base, undertake audits, apply significant penalties and refer the worst cases for criminal investigation" Mr Cranston said.

"We have been analysing the latest data against information these taxpayers had reported to the ATO and against the information we already have. We are also working closely with the AFP, Australian Crime Commission and AUSTRAC to further cross-check the data and strengthen our intelligence. Some cases may be referred to the Serious Financial Crime Taskforce.

This Taskforce builds on the success of Project Wickenby where we raised $2.29billion in tax liabilities and there were 46 criminal convictions.

"The information we have includes some taxpayers who we have previously investigated, as well as a small number who disclosed their arrangements with us under the Project DO IT initiative. It also includes a large number of taxpayers who haven't previously come forward, including high wealth individuals, and we are already taking action on those cases" Mr Cranston said.

"Through data analysis we have been able to identify patterns such as clusters of individual taxpayer and advisers for further investigation."

"The message is clear - taxpayers can't rely on these secret arrangements being kept secret and we will act on any information that is provided to us" Mr Cranston said.

The Sydney Morning Herald, 4 April 2016:

More than 11.5 million documents have been leaked from Mossack Fonseca's files, revealing the secrets of hundreds of thousands of clients – including several thousand Australians – covering a period over almost 40 years, from 1977 until as recently as last December.

The release of the documents on Monday follows a 12-month investigation by media groups including The Australian Financial Review, led by the International Consortium of Investigative Journalists (ICIJ) in Washington…..

The files show how Mossack Fonseca thwarted Australian regulators and police inquiries, continued to act for individuals accused of fraud and embezzlement, and lobbied actively to prevent Australia from signing agreements that would allow the exchange of tax information with Samoa, a key tax avoidance jurisdiction.

While most investors and corporations who use tax havens have legitimate reasons to use these structures, the leaked records also show some companies domiciled in tax havens were being used for suspected money laundering, arms and drug deals, and tax avoidance.

"Some cases may be referred to the Serious Financial Crime Taskforce," ATO deputy commissioner Michael Cranston told the Financial Review, confirming the Australian link with Mossack Fonseca.

The data includes high wealth individuals "and we are already taking action on those cases", Mr Cranston said.

"ATO intelligence on tax evasion comes from a variety of sources, including from concerned citizens, advisers, partner agencies and international bodies…..

Mr Cranston said some of the Australians under scrutiny had previously been investigated by the Tax Office but the probe included a "large number of taxpayers who haven't previously come forward".

The ATO investigation is based on a smaller set of files detailing Mossack Fonseca's Luxembourg operations, which were sold to the German government by a former employee, triggering scores of raids by tax investigators who targeted Commerzbank​ clients in Germany in February last year.

German newspaper Süddeutsche Zeitung​, working with the ICIJ, subsequently obtained much more extensive files, with a total 2.6 terabytes of data for Mossack Fonseca's entire global operations, from an anonymous informant. No payment was made……

The Panamanian firm is one of the top five global groups providing corporate registry services in 21 low-tax jurisdictions around the world for more than 214,000 companies, trusts and foundations, providing an essential services for legitimate companies and investors, including BHP Billiton.

But the files show that the firm also protects its less reputable clients, keeping Swiss advisory firm Strachans on its books despite a decade of Project Wickenby investigations initially focused on Strachans that led to 46 criminal convictions, including a jail term for a Strachans partner, Philip de Figueiredo.

Another Wickenby target, Rockhampton-born lawyer Peter Borgas, based in Switzerland, remained a valued Mossack client even after he was arrested in Sydney in 2013 (the charge was dropped five months later).

Last December, Mossack decided it would not act on its probity concerns for a firm controlled by Tan Yixin, a Chinese executive jailed for 3½ years for bribes and leaking secrets to Australia's Rio Tinto, because "the client will destroy us with their comments" in the high-growth Chinese market.

When the Australian Federal Police wrote to Mossack Fonseca's British Virgin Islands office in July 2012 to enforce an Australian court order to sell a Perth apartment on which a BVI company, Anchorville Holdings Ltd, allegedly held a mortgage, Mossack replied that Anchorville had been struck off in 2007 and asked the AFP to stop sending letters.

Perth entrepreneur Roger Bryer had lived for a decade in the spectacular Perth penthouse, which was tied up in lengthy criminal trials over a $US15 million ($19.5 million) embezzlement case involving Commerzbank. Most of the proceeds had been transferred to Australian accounts controlled by Mr Bryer, to invest. Mr Bryer told police he had no knowledge the money was stolen. It was not suggested that he had acted improperly.

In 2012, the DPP applied to sell the penthouse as part of the proceeds of crime, but Anchorville had been set up as mortgagee on it.

Rebuffed by Mossack Fonseca, the AFP obtained a BVI search warrant in November 2012. A Mossack executive produced old documentation showing Anchorville was owned by yet another nominee company.

Meanwhile, Mossack had contacted the original registered owner of Anchorville and offered to reinstate the company, for $5487. As part of that reinstatement, new documents were registered in 2013 that showed that Bryer had owned Anchorville since 2001.

Mr Bryer told the Financial Review on Sunday that he had made it clear to the AFP that he controlled Anchorville and the matter had been completely resolved in a confidential settlement with the AFP and DPP on February 6, 2013.

While Anchorville was set up as a mortgagee company, its mortgage on the penthouse was not valid.

"I have very grave doubts as to whether they were acting legitimately," Mr Bryer said of Mossack Fonseca. "None of it was credible for that company."…..

In 2008, Sydney developer George Ghossayn​, who at the time was a regular in the appointment diary of Labor powerbroker Eddie Obeid​ before later switching his support to the Liberal Party, was setting up an offshore partnership with fellow developer Fouad Deiri​, in a BVI company, Fitall Development Limited.

In September 2013, convicted cocaine dealer-turned-Queensland property developer Joseph Frangieh​ took control of a Seychelles company, Silver Tiger Enterprises Limited.

In late 2011, sports promoter Dominic Galati​ was publicly challenging to replace Frank Lowy as chairman of Football Federation Australia, "because I believe that someone has to be a voice out there for the people that are passionate about this game".

Behind the scenes, Galati was involved in setting up half a dozen companies in Samoa, which were transferred to a new Hong Kong company, Global Wealth Group, controlled by Galati, William Aloisi, John McGeary and Roy Bijkerk.

William Aloisi's website describes him as an investment banker. Mr McGeary is a greyhound trainer, while Bijkerk is a convicted cocaine importer who has built a property empire through Guardian Care Properties.

A remarkable 269 shareholdings of companies in the British Virgin Islands, Samoa, the Seychelles and Panama, almost all of them holding bearer shares, are linked to just four addresses on the Gold Coast associated with family members of Ian Taylor, a New Zealand businessman who, with his father Geoffrey Taylor, has set up shell companies that have since been linked to arms deals, Mexican drug lords and Russia's largest tax fraud.

There has been no suggestion of illegality by the Taylors.

Ian Taylor has previously told Fairfax that "only a small handful" of their companies were misused.

"Clients of certain nationalities are discriminated against only due to their citizenship.

Read the full article here.

The Australian, 4 April 2016:

More than 1000 Australian links to companies have been found in a data leak of millions of documents from a Panama law firm…..

The passports of hundreds of Australian citizens connected to companies as directors, shareholders and beneficial owners, are included according to the ABC.