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Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error.
Like the Dictation Test devised devised to enforce the White Australia Policy, the National Interest Test would allow the Minister to exclude anyone he wanted. People who claim protection can be confident that the Australian Government will not have them or their dogs killed, but they will have no confidence that they will not be placed in dangerous situations or returned to places where they fear for their lives.
The Royal Commission into Institutional Responses of Child Sexual Abuse has asked the Abbott Government for a two-year extension until December 2017 to complete its task. The good news is that the victims' groups seem to think they can wait that long, as anything sooner would be rushed. The bad news is that we will all be waiting another three and a half years for answers about how to restructure institutions ensuring the better protection of children.
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
Many Australians, myself included, believed that the Federal Budget was unfair. So Treasurer Joe Hockey's recent speech in defence of its fairness offers a welcome challenge. Hockey is right to insist that fairness can co-exist with gradations of wealth within society. But fairness is incompatible with gross disparity of wealth because the concentration of wealth in the hands of few people and corporations destroys equality of opportunity.
All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
In Unheard Story, Fr Padraig McCarthy rightly highlights shortcomings in legal-political-media processes like the Dublin Archdiocese Commission of Investigation. The future wellbeing of children demands that the spotlight be shone on all equally. But there is no getting away from the fact that in Ireland and Australia, the reported instances of child sexual abuse has been greater in the Catholic Church than in other churches.
The cycle of election, opposition protest, social and political instability that provokes a royal approved military intervention underlies how immature democracy is in Thailand. Unfortunately, in the medium term — the next five years — it will be 'same, same' unless there is a circuit breaker. That may come with the next trigger to instability which has to be set off sooner rather than later: the death of a very frail royal person.
Scott Morrison has announced the formation of a powerful new paramilitary force with its own ideology, training and rank structure, answerable only to an immigration minister. There is a disturbing comparison that may be drawn between this new agency, apparently with no legal or constitutional checks and balances outside itself, and the Schutzstaffel security service established by Hitler and answerable only to him as leader.
In April the Victorian Court of Appeal upheld an earlier ruling that a youth camp run by the Christian Brethren had discriminated illegally against same-sex attracted persons by refusing a booking from a community health service for an event for young gay and lesbian people. This is not an isolated case. It is sobering that churches often seem to need the courts to give them lessons, if not about sex, then about hospitality and fairness.
While Dickens, staunch champion of the poor and of children, reportedly hoped that A Christmas Carol might encourage the restoration of social harmony, his narrative line can also be seen as a convenient plot device. It is a deeply Christian story, not just about Christmas, but about life itself, about actions and their consequences, the need for wrongs to be made right, and the desire for hope and potentiality of renewal.
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