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The recent revelations that ASIO raided the offices of Timor Leste's lawyers and detained its star witness just before its case against Australia highlights, once again, the question of the linkage between national and commercial interests. ASIO's governing statute does not permit it to engage in economic espionage. Unfortunately, the distinction between government and commercial interests is growing increasingly hard to draw.
From a liberal perspective the use of public money to fund free legal services to individuals is inherently undesirable. Even if the contracts are awarded under competitive tendering, the funding of the services is a distortion in the market. Ideally they should be left to the market to provide. And by definition they are less efficient than commercial organisations disciplined by a free and competitive market.
Australia is very much the 'Noah's Ark' economy: two of everything. Consider the spate of industry sectors in which only two companies dominate: airlines (Virgin and Qantas); paper and packaging (Visy and Amcor); print media (News Corporation and Fairfax). The Federal Government's announcement that it will be launching a 'root and branch' review of Australia's competition law will, at the very least, make for a fascinating spectacle.
Full text from Frank Brennan's lecture 'Law teachers as gatekeepers of law, public morality and human rights: Equipping our students for moral argument in a pluralistic legal environment' at the Australian Law Teachers Association Annual Conference 2013.
Australia is one of only a few countries in the world that has a franking credit system. Though it is designed to stop 'double taxation' on company tax, in many cases it ends up being a 'double reward' for entities that already have tax favoured status. Last year the Tax Commissioner generously refunded over $500 million to charities and not-for-profits on dividends because they pay no tax.
Although community organisations are often a burr in the saddle of a managerially minded government, they are important because they represent a humane vision and because they can reflect back to government an intimate experience of what is happening to the people whom they serve. Their advocacy, even when unwanted, keeps governments in touch with human needs.
Senator Carr's comments about 'economic migrants' and asylum seekers from 'majority groups' show a lack of understanding of the separation of powers, the rule of law and the refugee assessment process in Australia. It is remarkable that, when confronted with the fact that the numbers of people meeting the refugee criteria are high, Carr's solution is to change the rules.
The Mabo decision of 3 June 1992 changed the course of Australian history and set the blueprint for native title determinations. Twenty-one years on, the Noongar people of Australia's south west are on the threshold of achieving the most momentous and comprehensive outcome to date of the native title process.
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