A measure of justice for an Australian tweeter

The win won’t eradicate the sustained personal stress or financial difficulties that such an unfair dismissal imposed – still it was pleasing see this tweeter's actions recognised as the right to freedom of political expression.

Hopefully Comcare will not be so bloody minded as to appeal the judgement,

The Sydney MorningHerald, 18 April 2018:

A  former Immigration official sacked over tweets critical of Australia's asylum seeker policy has won a fight for compensation, after an appeals tribunal found her dismissal was unlawful and described government efforts to restrict anonymous comments from its employees as Orwellian.

The decision on Monday will redirect scrutiny to the Immigration Department's dismissal of Michaela Banerji for tweeting criticisms of detention policies, and challenges Australian Public Service rules stopping public servants from expressing their political views on social media.

Ms Banerji took the government to the Administrative Appeals Tribunal after federal workplace insurer Comcare refused to compensate her for the psychological condition that developed after she was sacked in 2013 over tweets from a pseudonymous Twitter account.

The tribunal overturned Comcare's decision and found she suffered depression and anxiety that could be classed an injury under federal compensation laws.

Ms Banerji was working in the Immigration Department when co-workers learnt she was behind the tweets railing against the government's treatment of asylum seekers.

She lost a high-profile attempt to stop her dismissal in the Federal Circuit Court in 2013, a decision seen as likely to curtail other bureaucrats' use of social media when judge Warwick Neville found Australians had no "unfettered implied right (or freedom) of political expression".

In a case that Ms Banerji's lawyer Allan Anforth from Canberra Chambers said could have implications for other public and private sector employees, the AAT said Comcare's refusal was based on a dismissal that was unlawful because it intruded on her right to free political expression.

Her tweets, made from the Twitter handle @LaLegale, were anonymous and did not disclose confidential departmental information, but an internal investigation in 2012 found she had breached the code of conduct for government employees.

In a submission to the tribunal, Mr Anforth said the tweets were posted from her own phone and, in most cases, outside work hours.

The appeals tribunal found the Immigration Department itself had identified Ms Banerji after she posted anonymously, and said guidelines stopping public servants from publicly criticising the government should not be applied to anonymous comments.

"A comment made anonymously cannot rationally be used to draw conclusions about the professionalism or impartiality of the public service," it said.

"Such conclusions might conceivably be open if the comments were explicitly attributed to, say, an unnamed public servant, but that hypothetical situation does not apply to Ms Banerji."

The tribunal found Ms Banerji appeared to have taken care not to have used information which could only have been in her possession as an Immigration employee.

It lashed the government decision to sack her, saying it "impermissibly trespassed upon her implied freedom of political communication", and "with a law only weakly and imperfectly serving a legitimate public interest".

"The burden of the code on Ms Banerji’s freedom was indeed heavy – the exercise of the freedom cost her her employment.

"In our opinion, there is no significant justification available to the employer here for the law which exacted that cost."

Comcare is considering the tribunal's decision. The findings could be appealed in the full Federal Court…..

None of the financial institutions are coming away from this Royal Commission covered in glory

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was established on 14 December 2017, is due to hand down an interim report no later than 30 September 2018 followed by a final report by 1 February 2019.

As of 13 April 2018 the royal commission has received 3,433 public submissions - 69% of these were Banking, 8% Superannuation 8% and 7% Financial Advice.

Round 2 public hearings finish on 27 April 2018.

View the live webcast or previous hearings.

Yesterday was the Commonwealth Bank of Australia's turn to reluctantly admit systemic fraud ....

The Guardian, 18 April 2018:

Counsel assisting the royal commission, Mark Costello, asked Linda Elkins, from CBA’s wealth management arm Colonial First State, to confirm CBA’s poor record of charging fees for no service.

“It would be the gold medallist if [the corporate regulator] was handing out medals for fees for no service, wouldn’t it?” Costello asked.

Elkins replied: “Yes.”

The commission was told that from July 2007 to June 2015 clients of CBA’s Commonwealth Financial Planning, BW Financial Planning and Count Financial businesses were routinely charged ongoing fees for financial advice where no advice services were provided.

CBA has had to refund $118.5m to customers – more than half the $219m in compensation paid by the big four banks and AMP over the past decade – to more than 310,000 financial advice customers.

ABC News, 18 April 2018:

Michael Hodge QC observes that Commonwealth Financial Planning has had a 100 per cent increase in clients over the past decade but a 25 per cent drop in the number of advisers.

He asks CBA's Marianne Perkovic whether the bank had any concerns that clients were not receiving adequate attention because of the decline in advisers, while client numbers doubled.

This is in the context of ASIC's concern that some firms were taking on too many clients for the number of planners. 

Ms Perkovic struggles to provide a clear answer.......

After disputing the meaning to be attributed to internal memos between the bank's senior managers in early 2012, Ms Perkovic eventually had to admit that a Deloitte report handed to CBA in July 2012 revealed systemic problems in ensuring that customers weren't being charged for financial advice they did not receive.

Deloitte had found that at least $700,000 in ongoing service fees were being charged to more than 1,050 clients that were allocated to more than 50 inactive financial planners who had left the business before 2012.

It appears that Ms Perkovic was finally ground down by relentless questioning from Michael Hodge QC, warnings from Commissioner Kenneth Hayne and the irrefutable evidence of the Deloitte report.

Institute of Public Affairs Limited (IPA) has a single broad focus - to infiltrate government in order to reduce workers to a powerless underclass

Given representatives of the Institute of Public Affairs Limited (IPA) turn up as guest commentators so frequently these days on television, radio and in newsprint - usually without mention of who they actually represent - perhaps it's time to update deatils of the corporate structure, finances and aims of this group.

The Institute of Public Affairs says of itself that it is: Australia's oldest and loudest free market think tank. Since 1943 the IPA has been at the forefront of public debate,promoting our values of freedom, free markets and individual liberty.

This highly partisan, conservative political pressure group thinly disguised as an independent research group-cum-think tank was registered in Melbourne Victoria in 1987 and its legal owner appears to be The Trustee For Institute Of Public Affairs Research Trust. This trust was created on 10 July 2007.

In the 1990s it appears to have merged with the the Australian Institute of Public Policy.

IPA became a Deductible Gift Recipient (DGR) from 30 Mar 2006, though it is hard to make out on exactly what factual grounds it became an Approved Research Institute (ARI) with charitable status.

It guards its individual and corporate membership list closely, but does admit to 4,559 members as of 1 July 2016.

IPA's founding members as then captains of industry, wealthy graziers and conservative politicians (Charles Denton Kemp, Sir Robert Gordon Menzies, B A Santamaria, Sir Keith Arthur Murdoch, Sir George James Coles, Harold Gordon Darling, G.H. Grimwade, H.R. Harper, W.A. Ince, Fredrick Earnest Lampe MBE, Sir Walter Massy-Greene, Sir Leslie James McConnan, C.N. McKay, William Edward McPherson, Sir Ian Potter and The Hon. A.G. Warner) are reasonably well-known, as are a handful of current members.

Over the years a number of members of the IPA (past & present) have also been members of the Liberal Party (or worked for Liberal politicians), including David Kemp, Rod Kemp, John Hyde, John Roskam, Tim Wilson, James Patterson, Mitch Fifield, Nicholle Flint, Allan Pidgeon, Mike Nahan, Michael Kroger, Tom Switzer, Andrew Shearer, Richard Allsop, Simon Breheny, Ross Maclean, Peta Credlin and Tony Smith.

A significant number of IPA supporters are easily identified because this pressure group published the names of around 1,261 of its supporters in 2011.

Its board and company directors are now known due to the fact that it has finally published annual reports from 2000-01 to 2016-17.

IPA states that: 86 per cent of the IPA's revenue is donated by individuals, 12 per cent is received from foundations, 1 per cent from businesses, and 1 per cent from other sources such as interest. The IPA neither seeks nor receives any funding from government. In addition to the membership fees contributed by IPA members, the IPA received 2,913 separate donations during 2016-17.

It also supplies this graph of modest through to rather generous individual and corporate donations in its 2016-17 Annual Report:

The Institute of Public Affairs updated its policy aims in 2012 as it geared up to fight against Australian Labor Party and Greens policies during the 2013 federal election campaign:

1 Repeal the carbon tax, and don’t replace it. It will be one thing to remove the burden of the carbon tax from the Australian economy. But if it is just replaced by another costly scheme, most of the benefits will be undone.

2 Abolish the Department of Climate Change

3 Abolish the Clean Energy Fund

4 Repeal Section 18C of the Racial Discrimination Act

5 Abandon Australia’s bid for a seat on the United Nations Security Council

6 Repeal the renewable energy target

7 Return income taxing powers to the states

8 Abolish the Commonwealth Grants Commission

9 Abolish the Australian Competition and Consumer Commission

10 Withdraw from the Kyoto Protocol

11 Introduce fee competition to Australian universities

12 Repeal the National Curriculum

13 Introduce competing private secondary school curriculums

14 Abolish the Australian Communications and Media Authority (ACMA)

15 Eliminate laws that require radio and television broadcasters to be ‘balanced’

16 Abolish television spectrum licensing and devolve spectrum management to the common law

17 End local content requirements for Australian television stations

18 Eliminate family tax benefits

19 Abandon the paid parental leave scheme

20 Means-test Medicare

21 End all corporate welfare and subsidies by closing the Department of Industry, Innovation, Science, Research and Tertiary Education

22 Introduce voluntary voting

23 End mandatory disclosures on political donations

24 End media blackout in final days of election campaigns

25 End public funding to political parties

26 Remove anti-dumping laws

27 Eliminate media ownership restrictions

28 Abolish the Foreign Investment Review Board

29 Eliminate the National Preventative Health Agency

30 Cease subsidising the car industry

31 Formalise a one-in, one-out approach to regulatory reduction

32 Rule out federal funding for 2018 Commonwealth Games

33 Deregulate the parallel importation of books

34 End preferences for Industry Super Funds in workplace relations laws

35 Legislate a cap on government spending and tax as a percentage of GDP

36 Legislate a balanced budget amendment which strictly limits the size of budget deficits and the period the federal government can be in deficit

37 Force government agencies to put all of their spending online in a searchable database

38 Repeal plain packaging for cigarettes and rule it out for all other products, including alcohol and fast food

39 Reintroduce voluntary student unionism at universities

40 Introduce a voucher scheme for secondary schools

41 Repeal the alcopops tax

42 Introduce a special economic zone in the north of Australia including:
a) Lower personal income tax for residents
b) Significantly expanded 457 Visa programs for workers
c) Encourage the construction of dams

43 Repeal the mining tax

44 Devolve environmental approvals for major projects to the states

45 Introduce a single rate of income tax with a generous tax-free threshold

46 Cut company tax to an internationally competitive rate of 25 per cent

47 Cease funding the Australia Network

48 Privatise Australia Post

49 Privatise Medibank

50 Break up the ABC and put out to tender each individual function

51 Privatise SBS

52 Reduce the size of the public service from current levels of more than 260,000 to at least the 2001 low of 212,784

53 Repeal the Fair Work Act

54 Allow individuals and employers to negotiate directly terms of employment that suit them

55 Encourage independent contracting by overturning new regulations designed to punish contractors

56 Abolish the Baby Bonus

57 Abolish the First Home Owners’ Grant

58 Allow the Northern Territory to become a state

59 Halve the size of the Coalition front bench from 32 to 16

60 Remove all remaining tariff and non-tariff barriers to international trade

61 Slash top public servant salaries to much lower international standards, like in the United States

62 End all public subsidies to sport and the arts

63 Privatise the Australian Institute of Sport

64 End all hidden protectionist measures, such as preferences for local manufacturers in government tendering

65 Abolish the Office for Film and Literature Classification

66 Rule out any government-supported or mandated internet censorship

67 Means test tertiary student loans

68 Allow people to opt out of superannuation in exchange for promising to forgo any government income support in retirement

69 Immediately halt construction of the National Broadband Network and privatise any sections that have already been built

70 End all government funded Nanny State advertising

71 Reject proposals for compulsory food and alcohol labelling

72 Privatise the CSIRO

73 Defund Harmony Day

74 Close the Office for Youth

75 Privatise the Snowy-Hydro Scheme

By 2014 a few more policies made it on to the IPA list according to The AIM Network:

* “Immediately halt construction of the National Broadband Network and privatise any sections that have already been built”

* “Rule out the introduction of mandatory pre-commitment for electronic gaming machines”

* “Extend the GST to cover all goods and services” and

* “Negotiate and sign free trade agreements with Australia’s largest trading partners, including China, India, Japan and South Korea”.

Liberal Party prime ministers have been working their way through IPA's policy agenda since such lists were first created.

Federal Government regulation now means there is some degree of transparency with regard to IPA finances, which like the finances of other 'charities" are subject to disclosure.

Annual Information Statement declared by The Trustee For Institute Of Public Affairs Research Trust (Charity ABN 33886902896), October 2017, excerpt:

ausgov.infocharities_results

Australian Minister for Communications and longstanding member of the far-right pressure group the Institute of Public Affairs (IPA) is up in arms because Telecommunication Industry Ombudsman tells some home truths

On Tuesday 17 April the Telecommunication Industry Ombudsman (TIO) sent out the media release in this post.

That same day the Australian Minister for Communications and longstanding member of the far-right pressure group the Institute of Public Affairs (IPA), Liberal Senator for Victoria Mitch Fifield, came out fighting after the TIO report showed: complaints about services delivered over the NBN surged by 204% in the second half of 2017, compared with the same period a year earlier…. Fifield said the way the information regarding the 22,827 complaints about services delivered over the NBN was presented in the TIO report, released Tuesday, “could give the impression that responsibility for this figure rests with NBN Co”.

It looks suspiciously like the Minister is now approaching a scheduled review of telecommunications consumer protections and the complaints process with a view to quash an inconvenient truth –  that transfers to the version of the National Broadband Network (NBN) cobbled together by Tony Abbott and MalcolmTurnbull are a dismal failure for far too many Australian businesses and households.

Telecommunication Industry Ombudsman (TIO), media release, 17 April 2018:

Report highlights increase in complaints about landline, mobile and internet services

Australian residential consumers and small businesses made 84,914 complaints to the Telecommunications Industry Ombudsman in the last six months of 2017 (1 July 2017 to 31 December 2017). In this period, complaints about landline, mobile and internet services, increased by 28.7 per cent compared to the same six month period in 2016.

Publishing the Telecommunications Industry Ombudsman’s Six Monthly Update today (Tuesday 17 April, 2018), Ombudsman Judi Jones said “The telecommunications industry in Australia continues to experience significant change. An increasing range of products and services are being offered to consumers, expectations for the quality of phone and internet services are high, and the rollout of the National Broadband Network is changing the way we use telecommunications services.

“However, consumers still seem to be facing the same problems, particularly with their bills and the customer service they receive. Confidence in services being updated or transferred reliably, faulty equipment, and poor service quality were also recorded as key issues. Additionally, the wider issues relating to phone or internet problems such as debt management are concerning.”

Jones added, “Complaints about services delivered over the National Broadband Network continued to increase compared to the same six month period in 2016. This indicates the consumer experience is still not meeting expectations for all. Recent changes to regulation and an increase in our powers to resolve complaints are positive steps that will help improve the consumer experience.”

Highlights for the period 1 July 2017 to 31 December 2017 include:

* 84,914 total complaints were received

* 74,729 complaints (88 per cent) were from residential consumers

* 9,947 complaints (11.7 per cent) were from small businesses

Landline, mobile, internet, multiple services and property

Complaints for the period increased 28.7 per cent compared to the same six month period in 2016.

* 9,447 complaints (11.1 per cent) were recorded about landline phone services

* 24,923 complaints (29.4 per cent) were recorded about mobile phone services

* 23,785 complaints (28 per cent) were recorded about internet services

* 26,112 complaints (30.8 per cent) were recorded about multiple services*

* 647 complaints (0.8 per cent) were recorded about property*

* Charges and fees, unsatisfactory response from the provider (provider response), and poor service quality were the most common issues.

Small Businesses

Between 1 July and 31 December 2017 complaints from small businesses increased 15.6 per cent to 9,947 compared to the same period in 2016.

* Complaints from Small Businesses accounted for 11.7 per cent of total complaints for the period

* 2,178 complaints (21.9 per cent) were recorded about landline phone services

* 2,074 complaints (20.9 per cent) were recorded about mobile phone services

* 1,716 complaints (17.3 per cent) were recorded about internet services

* 3,937 complaints (39.6 per cent) were recorded about multiple services*

* 42 complaints (0.4 per cent) were recorded about property

*       The main issues affecting small businesses were charges and fees, unsatisfactory response from the provider (provider response), and no service.

Complaints by State

All states and territories in Australia saw a growth in complaints in the last six months of 2017 compared to the same period in 2016.

Queensland recorded the highest growth in complaints, an increase of 39.3 per cent, followed by Western Australia with 36.5 per cent.

Complaints by state (in alphabetical order) are as follows:

* Australian Capital Territory made 1,184 complaints, an increase of 11 per cent

* New South Wales made 26,914 complaints, an increase of 27.9 per cent

* Northern Territory made 504 complaints, an increase of 20 per cent

* Queensland made 16,418 complaints, an increase of 39.3 per cent

* South Australia made 6,552 complaints, an increase of 22.7 per cent

* Tasmania made 1,614 complaints, an increase of 33.1 per cent

* Victoria made 23,954 complaints, an increase of 30.5 per cent

* Western Australia made 7,381 complaints, an increase of 36.5 per cent

* The main issues affecting Australian states and territories were charges and fees, unsatisfactory response from the provider (provider response), and poor service quality

Services delivered over the National Broadband Network

Complaints about services delivered over the National Broadband Network increased 203.9 per cent to 22,827 on the same period in 2016.

* 14,055 complaints were recorded about service quality

* 8,757 complaints were recorded about delays in establishing a connection

*       The main issues affecting residential consumers and small businesses were unsatisfactory response from the provider (provider response), poor service quality, and connecting a service (connection/changing provider)

NOTES TO EDITORS

*From 1 July 2017, the Telecommunications Industry Ombudsman changed the recording of complaints. There are now five complaint service categories: landline phone services, mobile phone services, internet services, multiple services (where the consumer is complaining about more than one phone or internet issue), or a complaint about damage or access to property. The changes mean data will more accurately reflect the description of complaints given by residential consumers and small businesses.  The changes also make it easier to see the issues facing the telecommunication industry, helping providers improve the delivery of phone and internet services. Trend analysis will build over time from the start of this reporting period.

Liberals continue to behave badly in 2018 - Part Four

Just five months after Australian voters signalled their widespread acceptance of the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) members of the community by voting for the introduction of same sex marriage, a number people in the Victorian Liberal Party want to turn back the clock in the name of sheer bigotry.

The Age, 14 April 2018:

A motion by a conservative Liberal branch linked to Federal MP Kevin Andrews has called for state legislation allowing health practitioners “to offer counselling out of same sex attraction or gender transitioning to patients who request it''.

With seven months before the Victorian election, it also urges Mr Guy to advocate for laws ensuring “parents and young people are all given full information about the psychological harms of social, medical and surgical gender transitioning”.

It further states that any claims supporting prescribing puberty blockers, cross-sex hormones and gender re-assignment surgery as safe and reversible, are in fact "both false and harmful".

The motion was drafted by the Victorian Liberal Party’s Menzies-Warrandyte branch and will be one of dozens debated when rank-and-file delegates meet on April 28 and 29 for the party’s annual state council meeting….

Other motions to be debated at state council include:

* Calls for the Commonwealth Sex Discrimination Act to re-insert "man" and "woman" in the place of "sexual orientation" and "gender identity". The aim is that a person will define their gender as either male or female, according to their biological and reproductive function.

* Calls to ban the Safe Schools program from Victorian schools and any other curriculum teaching a person's gender may be different from their biological sex or that people can transition.

On 16 April 2018 it was reported that the 'gay conversion therapy' motion along with those other nasty motions were removed from the agenda for the Liberal's annual state council meeting - apparently the party's state president didn't like the negative publicity these motions was gathering ahead of the November 2018 Victorian state election.

More reports showing that 'trickle up' economics is at work in Australia

Here is just a little of what Liberal & National party members - and their governments - refuse to understand as they support a far-right economic platform which is built on a reduction in corporate tax rates, high business profits and large management salaries in conjunction with employee wage supression, erosion of workers' rights, an increase in employment insecurity based on casual, part-time and/or employees as sham contractors and, further restrictions on eligibility for a number of basic welfare payments.

The Sydney Morning Herald, 10 April 2018:

Last year, as the government prepared another round of welfare crackdowns, Minister Michaelia Cash said she expects “that those who can work should work and our welfare system should be there as a genuine safety net, not as something that people can choose to fund their lifestyle.”

The subtext was clear – those who need help are a drain on the rest of us.

This rhetoric is familiar, but it is wrong. It is the wealthiest Australians who enjoy the most support.

Research commissioned by Anglicare Australia shows that each year, a staggering $68 billion is spent keeping the wealthiest households wealthy. That is greater than the cost of Newstart, disability support, the age pension, or any other single welfare group.

The Cost of Privilege report, prepared by Per Capita, models four household types to show how these concessions and tax breaks work. One of the couples we modelled, Tim and Michelle, own their own home. They have two children in private schools, top health insurance, and two investment properties. Michelle doesn’t work, and Tim runs a small business. Each year, Tim and Michelle get $99,708 in concessions from the taxpayer, or $1917 per week. That is well over twice as much as a couple with two children on Newstart, and nearly three times as much as a family with one parent on the Disability Support Pension. Tim and Michelle do this by getting concessions on their superannuation, negatively gearing their investment properties to minimise their taxable income, and getting tax breaks for private schools and private health insurance. They also get generous Capital Gains Tax exemptions.

Each year, thousands of Australia's wealthiest households profit from these loopholes and subsidies. Our report finds that tax exemptions on private healthcare and education for the wealthiest 20 per cent cost more than $3 billion a year. 

Superannuation concessions to them cost over $20 billion a year, and their Capital Gains Tax exemptions cost an astonishing $40 billion a year. Compare that to the annual cost of Newstart, which comes in at just under $11 billion a year.

Importantly, nothing that Tim and Michelle are doing is wrong or illegal. This is not a broken system. It is a system working exactly the way it was designed to work, supporting the wealthiest at the expense of the rest of us.

These numbers tell us that something has gone badly wrong. The eighties were the decade of trickle-down economics, where taxes were cut for the richest with the promise that everyone else would soon feel the benefits. But now it’s worse – we’re in an era of trickle-up economics where subsidies, tax breaks and concessions for the richest are paid for by everyone else.....

Anglicare Australia, 26 March 2018:

Cost of Privilege Report (.pdf)

Cost of Privilege - overview (.pdf)

Cost of Privilege - households (.pdf)

ABC News, 15 April 2018:

One in every five Australian children has gone hungry in the past 12 months according to a new report, with some even resorting to chewing paper to try to feel full.

The survey of 1,000 parents commissioned by Foodbank shows 22 per cent of Australian children under the age of 15 live in a household that has ran out of food at some stage over the past year.

One in five kids affected go to school without eating breakfast at least once a week, while one in 10 go a whole day at least once a week without eating anything at all.

"I think that's a very sad indictment on us as a society," said Foodbank Victoria chief executive Dave McNamara…..

"Some kids were eating paper. Their parents had told them 'There's not enough food, if you get hungry you'll need to chew paper.'"

"This isn't made up. This is a story we heard setting up one of our school breakfast programs down in Lakes Entrance, which is a beautiful part of the country."

"No-one's spared. It's not people on the street; it's people in your street. It's in every community across Australia."

Foodbank Victoria graphic below based on its Rumbling Tummies Report, April 2018: