Lex Australia

Lex Australia

 

Came across an old post at Gavin Putland’s Leges Dubiae blog which coincides with what we tried to say way back when Haneef was the name on everyone’s lips.

Given the change of government and all, it seems timely to question this preposterous example of the legislative legacy of the Howard years.

It wasn’t so much about the guilt or innocence of Haneef, or the appalling mismanagement of the case by the Federal Police under the even more appallingly incompetent and bloody Mick Keelty. It was that the law under which Haneef was arrested and charged was stupid, or, as Putland puts it, “dubious”. Haneef is not a citizen of Australia and the act for which he was charged (giving his Sim Card to someone “with reckless disregard” for whether that person was a terrorist) was carried out in another country.

The whole idea is ludicrous. Putland says:

” Although the Statute of Westminster gave the Australian Parliament the power to make laws with “extra-territorial operation”, it has always been understood that such operation would affect only Australian citizens. By charging Haneef, Australia is now asserting the power to make laws binding on non-Australians outside Australia.”

As Alex Downer would have said, “That’s pwepostewous!” (God, don’t we miss him already?)

The problem even goes further.

This is what Haneef was charged with:

” intentionally providing resources to a terrorist organisation consisting of persons including Sabeel Ahmed and Kafeel Ahmed, his cousins, being reckless as to whether the organisation was a terrorist organisation”

This pre-empts British law, since the British have never charged either Ahmed brother with being a member of a “terrorist organisation”, and such an assertion, had it even been made, has never been tested in a court whether British or Australian. (Indeed, it was not even legally established or legally asserted at the time that the incident was a “terrorist act”.) Nevertheless, the Australian Federal Police, by making the charge under the extra-territorial powers of the you beaut Ruddock/Keelty legislation, arrogated the pre-eminence of Australian law over British law. That is just plain dumb.

The Lex Romana was intended (we appear to recall from long ago) to simplify and organise all the laws for all people under Rome’s sway. It is said to be Rome’s most important, lasting and unique gift to the world.

But now if Australia can make laws for the whole of the rest of the world – not just , Australians, Australia and its territories – and if every other nation, therefore, can also, with equal justification, make laws for everyone in the world, then we have a little more confusion than was intended by the codification of Roman law.

Saudi Arabia, for example, could take Australia’s example and under its extraterritorial powers impose Sharia law on non-Saudis living in Australia (i.e. most of us). It could then apply for extradition to Saudi Arabia of anyone it had reason to believe had committed adultery, say, so that they could be stoned to death – or perhaps just the women, in Sharia’s very civilised and enlightened way.

Yes, it sounds like a joke but it’s not. The law is a joke. But this joke of a law was seriously applied to Mohamed Haneef and threatened to send him to prison in Australia for fifteen very serious years.

And you know, the terrible irony is that the law was written (so hastily and so abominably poorly) with only one purpose in mind – the re-election of the Howard government…….

Oops!

The law is even worse and more stupid than this and you can read more of what we said in July. And here is a distillation of the relevant sections of the law under which Haneef was charged.

In a nutshell, the law means that:

if anyone, whether Australian or not, anywhere in the world, sells, shares, or gives any thing or any service, to anyone anywhere in the world, and they do not take reasonable and verifiable steps to assure themselves that the person to whom they provide the thing or service is not [or could not at some indeterminate time in the future be deemed to be] a terrorist or part of a terrorist organisation and they do not take reasonable steps to assure themselves that the person (or organisation) could not use it or plan to use it in any way as part of a terrorist act then they may be found guilty of the same crime that Haneef was charged with and spend fifteen years in prison.

So of course it’s ridiculous. But it’s no joke.

And it is still Australian law.

Mouldy Media Pop-Tart

Mouldy Media Pop-Tart

 

 

Just a question:

Why do we have to keep putting up with fatuous, mouldy, media pop-tart, Gerard Henderson, spouting all over the place?

This pompous irrelevance who ludicrously has laid claim to being in the political centre, whose prognostications and insights have proved so utterly wrong for so long – why do they keep trundling him out? Is it just because his is the number they have on speed-dial? There he was again tonight on Lateline.

Why?

If the ABC wants really accurate, insightful, expert commentary why don’t they talk to Possum, Mumble, the Pollbludger, Simon Jackman and Bryan at OzPolitics?

These guys along with the ABC’s own Antony Green were the most interesting, most expert and most accurate commentators on the campaign and the polling.

So when can we hope to see the end of the influence of the appalling Albrechtsen and the other Howard political appointees on the ABC Board? When will they put Henderson out to the right-wing pasture where he belongs?

Just asking…

Hi …

Hi …

Hi!

 

 

Hi Hi!

 

 (gulp)

Hi hi ho!

(gulp)

Hip! Hip! Hooray!

The national result, the result in Bennelong and the role the Greens played in getting Labor over the line are a clear enough repudiation of Howard’s political ideology.

Thanks to Possum, to the Pollbludger, to Ozpolitics, to Mumble and to Simon Jackman.

But especially thanks to Possum (whose site now sports the baseball bat) for helping to keep us sane through the scary last days.

So we’d just like to say to our old mate and penpal, Bob Correll:

We’re sorry, Bob that you’ll have to deal with the fact that it was largely your own hard work, in DEWR and as Deputy Secretary in DIC, that was responsible for so much of the swing against the government.

I’m sure you’ll be more than aware of just what effective and efficient services are provided to people in search of employment – as we expect you shortly to be – by CentreLink and the Job Network Members you helped to set up. (Perhaps you could show your mate Mick Keelty how to get there.)

So vale, Bob, old mate.

Such Is Life

Such Is Life

“Unemployed at last!”

 

 We think this is the best Australian novel ever written. Yes, we know there are many contenders and perhaps The Tree of Man comes a close second.

But to us, at least, Such Is Life by “Tom Collins” (Joseph Furphy), published in 1903, is the best literary expression of enduring Australian values and character.

The colour and variety of the characters; Furphy’s obvious affection for the people who sparsely, but so vibrantly, populate the bush; the good-humoured, fatalistic, attitude to the daily struggle; the disrespect for authority (now on the brink of extinction); the sense of the Australian bush which is not so much read as absorbed from the pages; the hilariously laconic humour; and the story-telling genius of the author; all of this would be enough.

But most of all we like Furphy’s own description of the book:

‘temper, democratic;
bias, offensively Australian’.

In fact this is so perfect that we want it for our own motto. Indeed, why not for Australia’s motto?

 

 

The 1956 dustjacket says:

” Such Is Life cannot be described: it has to be read. And when it has been read it will be read again for the pleasure that its human greatness and its subtle craftsmanship give.

 

“First published in 1903, this book is an Australian classic whose stature has grown with the years, whose intricacies and strength have been the subject of endless discussions and literary essays. ‘Tom Collins’ (who was Joseph Furphy) is widely held to be the greatest and most individual of Australian writers – partly, perhaps, because his ideals are those which all true democrats most resolutely cherish.

 

… in stressing its Australian core we must not forget that it is also unique in English literature. The author’s genius soars above accepted rules and forms, creating in rare and beautiful language a work that is all of life as he knew it.

 

“No less great as a man than as a writer, Tom Collins wrote with the complete sincerity of one whose independence of mind and essential honesty made him discard all forms of sham. Wit, shrewd observation and delicious humour are blended in this richly entertaining book to give an illuminating picture of humanity and of Australia.”

What makes this novel so relevant today? In the light of Tony Abbott’s “excellent” advice about WorkChoices’ protections, it’s the first line of Such Is Life:

Unemployed at last!

Passionate Indifference

Passionate Indifference

Indonesian war crime 

 

” N SW Deputy Coroner, Dorelle Pinch, this week found that the newsmen known as the Balibo Five were deliberately killed by Indonesian forces 32 years ago to cover up the Indonesian invasion of East Timor.

 

She has recommended that the Federal Attorney-General consider prosecuting those responsible, including military commander turned politician Yunus Yosfiah.

Federal Attorney-General Philip Ruddock says any information referred to him by the coroner will be passed on to the Australian Federal Police and the Commonwealth Director of Public Prosecutions.

 

Mr Ruddock says it is not his role to assess whether any offence has been committed, as the AFP are responsible for war crimes investigations and the DPP is responsible for prosecuting anyone charged.

Quite. And you would be entitled to expect that since it doesn’t have to do with secretly imprisoning Australians or incarcerating refugees the Nâzgul would have difficulty whipping himself into a frenzy of indifference about war crimes and injustice.

So why not do the obvious thing and palm the whole thing off onto the Indonesians’ friend, the notoriously inept Keelty and a DPP with a track record of getting the big questions wrong?

Luckily, the A-G will be toast (qua A-G) by Sunday and hopefully the Commissioner will do the decent thing and follow his masters into political oblivion.

Howard made the standard Howard-weasel-words flick-off: “I want to study what the coroner has said. I take what he [sic] said seriously. It was a tragic event and we will treat the coroner’s report seriously as it should be and if there’s anything we need to do, we will do it.”

And who would be deciding whether there was anything he needed to do? Why, he him very self! Standard plausible deniability. “Of course I didn’t lie. I said we would do anything we needed to, and we have determined there was nothing we needed to do, so we didn’t.”

Downer helped by explaining how it would be all too hard.

Rudd has been slightly more positive – “those responsible should be held to account” – but still leaving it up to someone else.

Then there’s the Indonesians. “Just because we love the death penalty and call it part of our “positive laws”, doesn’t mean we like killing people…oh, except Australians. Oh, and the Timorese. Oh, and the West Papuans.”

Hopefully we won’t leave it all to the corruption, ignorance, racism, bigotry and brutality of the Indonesian glitterati – its politicians, military, police, judiciary and religious leaders.

The Front Fell Off

The Front Fell Off

All the sage analysts and opinionators, as well as the “’King Makers‘” – as News Ltd “’journalist’s” like to refer to themselves – seem to be agreed that there is a mood for change in the electorate. They agree that it’s not really about John Howard blowing it, as much as that after twelve years people want a change. It’s not that they dislike Howard, they say, but that they’re bored with him.

Values Australia begs to differ.

We assert that a large percentage of people have actively disliked Howard for most of his twelve years, and particularly in the last six.

It seems to us that Beazley wasn’t it. Nice enough bloke and all but he didn’t have the guts to chest up to Howard. Crean was a joke, frankly. Latham was, well, clearly a fruitcake, they thought. And yet almost anyone would have done, except that they had to be able to be credible enough to manage some pretty important stuff.

So along comes Kevin Rudd at last and everyone holds their breath hoping and praying that ‘Neo’ Rudd is “The One”. And Rudd does stand firm enough and plausible enough, and he has more than held his own against Howard for long enough. The people decided months ago. The election result was decided as soon as Rudd looked safely electable.

The country is already heaving a sigh of relief that it finally looks as if it is about to be able to cut loose John Howard and his corrosive regime.

What we are now seeing of Howard is that he is not after all the political genius he has been reputed to be. We are seeing Howard ‘unplugged’ – unplugged from Arthur Sinodinis who was the real genius.

Howard solo.

So Rudd, in a way, can’t take too much credit for his own success except for being good enough.

Whateverrr.

Anyway, we were just chatting amongst ourself and wondering whether on Sunday morning 25 November, Brian Dawe might interview John Howard about how his Front Fell Off.

He’s done it before.

Well, we dare to hope.

UPDATE

Well, the front really has fallen off. Tony Abbott has revealed all about WorkChoices.

” I accept that certain ‘protections’, in inverted commas, are not what they were, I accept that that has largely gone. I accept that,” he said.

“I accept that the ‘Industrial Relations Commission’ doesn’t have the same power to reach into the nook and crannies of every ‘business’ that it used to have.”

We knew that, actually. That’s one of the reasons why the coalition is so unpopular.

But we do appreciate the birth of a new euphemism.

“The best ‘protection’ for someone who’s unhappy in their current job is the chance of a new one,” said Abbott.

No more ‘down-sizing’, ‘right-sizing’, ‘reorganisation’, ‘rationalisation’, ‘surplus to requirements’, or ‘changes to production’; no more “letting you go, Wayne”.

We now look forward to hearing employers telling their staff, “We’re excited to be able to offer you the chance of a new job, Frank.” Or, “Beryl, we’re happy to say we’ve arranged some excellent job protection for you!”

So John, we’re delighted to announce we’ve arranged the chance of a new job for you. We’re sure you’ll appreciate this is the kind of protection you could only dream of.

In other news…

“Don’t forget to be frightened about those evil sand-niggers!”

On television last night the National Security Hotline commercial was on TV.

8 days away from a ‘federal election’.

Originally badged as “Authorised by the Australian Government Canberra” it is now authorised “M Keelty, Chief Commissioner, Australian Federal Police“.

Can there be any more transparently cynical attempt by Howard to get around the election advertising laws to blow the anti-muslim dogwhistle?

In fact, is it actually legal for them to do this?

And can there any longer possibly be any question that the appalling, scandal-ridden, utterly discredited and totally compromised Keelty is irredeemably politicised – in fact has offered himself up to the political game by his own choice?