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All Australian states and territories have mandatory reporting legislation requiring compulsory disclosure of suspected child abuse by relevant professionals. The Australian Border Force Act requires the permission of the Secretary before any disclosure of criminal conduct is made to the relevant authorities. Should an Immigration professional who works with children fulfil their mandatory reporting obligations if this permission is not granted (and face two years in prison) or not?
The Federal Government plans to legislate within weeks to strip certain dual nationals of their Australian citizenship. Extending the already existing draconian ministerial power to overturn review tribunal decisions into the area of citizenship is unwarranted. Such an important determination should require the testing of solid evidence, not merely a minister's assessment of the 'national interest'.
The WA premier plans to increase mandatory prison sentences for burglars. Mandatory sentencing regimes fail to take into account the underlying causes of the crimes they seek to punish. They remove a judge’s discretion to avoid a sentence of imprisonment, and fail to address the reality that such crimes reflect social problems that ensue from racial discrimination and colonial dispossession.
Prime Minister Abbott's National Security Statement quite rightly spoke of threats to Australia and the need to address them. Many of his utterances might seem uncontroversial: 'Those who live here must be as tolerant of others as we are of them'. But in fact they ignore the way people 'who come here' are treated according to 'how' they came here. The language used to describe them reflects an attitude that is far from tolerant.
Just before Christmas last year, the United States Senate Select Intelligence Committee released its report on the CIA's Detention and Interrogation Program, and its use of torture on detainees between 2002 and 2006. Among the report's key findings was the fact that the brutality of the torture and the harshness of the detention regime went beyond what the CIA. had reported to policy-makers (in other words, the CIA deliberately misled its Senate overseers); that the CIA's claims for the effectiveness of torture to obtain information that was vital for national security were inaccurate and unfounded; that the torture regime had damaged the standing of the United States, and resulted in significant costs, monetary and otherwise; that personnel were rarely reprimanded or held accountable for violations, inappropriate activities, and systematic and individual management failures. Read more
A group of 50 academics has pointed out that 'Independent public office holders are an important part of modern democratic societies.' The Australian Bar Association and the Law Council of Australia have similarly argued that the personal attacks on Triggs amounted to an undermining of justice and the protection of human rights. It is a point the Abbott Government neglects to its peril.
Israel is one of the world's developed countries that is attempting to deter asylum seekers from accessing the protection that international refugee law entitles them to. Yet Israel is a state with refugeehood in its roots. Israeli refugee advocates have encouraged a change of policy on the basis of Jewish exile in Egypt as recorded in the Torah.
There's a view that most Australians, including the Prime Minister, still have poor speech skills, and that there ought to be some kind of standardised verbal communication skill-level as a prerequisite for politicians, educators and advocates. Personally I'm quite content with an Australia that is accepting of vocal particularities, the flexibility of meanings, and often humorous miscommunications.
In the lead up to Refugee Week the attitudes of Australians to people who come by boat to seek protection made sober reading. 71 per cent of Australians believed Australia should turn back asylum seeker boats. That is far higher even than the Prime Minister's disapproval rating. Some might say that 71 per cent of Australians can't be wrong. At Eureka Street we have never been persuaded that majorities always have truth on their side.
Despite presenting the end of taxpayer-funded immigration advice to 'illegal boat arrivals' as a cost-saving measure, Scott Morrison's announcement demonstrates once again the Government's policy of punishment for those who come on boats without a visa. As an immigration lawyer who does not do any cases that are government funded, in theory I should applaud this decision, as it means possibly more clients. Instead I am appalled.
Arts minister George Brandis has accused artists of 'bullying' corporate heavyweight Transfield. The artists' recent ultimatum to the board of the Sydney Biennale threatens to kill the event and possibly the entire model of arts sponsorship in Australia. Both sides of the dispute have lost sight of the opportunity that networking between artists and sponsors offers for civilised conversation that leads to a better world for all.
After more than a decade of refugee advocacy, campaigns still cater to small 'l' liberals and progressives. They are of course critical to consolidating support for asylum seekers and sustaining political pressure. Yet the debate has become so polarised that it would seem as if the left has a monopoly on compassion. This is a serious campaign problem because it alienates those who might otherwise be allies.
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