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sydney alternative media - non-profit community independent trustworthy
Tuesday, 4 March 2008
NSW Ombudsman helps protect community media 5th estate free speech on uni campus
Mood:  a-ok
Topic: independent media

Picture: Campus security in pseudo police uniforms shadow anti Howard Govt eduction rally 2nd May 2007 a few weeks before the last budget of the Coalition Govt, taken by SAM editor who was soon after harrassed off campus and issued with a termination of license notice effectively banning us from the open campus indefinitely.

Story:

File this one in the 'chickens chase foxes' file. 

We wrote back on December 14 2007 about the ongoing 6 month ban from Sydney University Campus as a blanket approach to anyone who seemed to be stiring up trouble but actually was doing lawful community media reportage. We say we were doing our democratic duty, the security claim SAM refused to provide lawful reason for being on campus and failed to cooperate in answering questions, even as we handed them our solicitor's ID card. Naturally we rejected that view. Here is one backgrounder:

Friday, 14 December 2007
This followed the original report of Sydney University's inner jackboot revealed in all its glory on the day of the public rally itself;
And another update as here:
Thursday, 15 November 2007
So now through the excellent advice and assistance of NSW Ombudsman's Michael Conaty, and a certain determination by this writer, has resulted in this reinstatement below ... only took 8 months, with no admissions of wrongdoing by either side (the CC to a Mr Fisher is general - legal - counsel for Sydney University), and the letter is signed by one Professor Richmond Jeremy, don't you know who also has carriage of the Callan Park development. We have raised a theory with the good Professor that community media access could well be similarly suppressed on an expanded Callan Park campus contrary to the freedom on that public open space land tenure present now. He takes "exception" to our rhetoric, but then he would talk his book, as any developer will:


Here is the legal paper trail too, if anyone is vaguely interested:

----- Original Message -----

From: SAM To: Conaty/NSW Ombdusman Cc: Senior ABC journo: Jeremy USYD; Higher Education supplement The Oz; senior SMH journo
Sent: Friday, February 22, 2008 12:11 PM
Subject: re failure to reinstate public license to attend USYD campus area Re: 28 days notice to cancel termination on undertaking

22 Feb 2008
Dear Michael Conaty at NSW Ombudsman's Office
As discussed yesterday the USYD continue to string out their original abuse of power by failing comprehensively to reinstate my public license to attend the campus on any number of publicly advertised events with the effect of stifling my community media work this last 8 months.
As predicted from my telephone conversation in Dec 2008 with you, the USYD have taken no action to reinstate despite saying they would in writing late last year, and despite, to quote:
"[Conaty] suggests a deadline for your [USYD] answer should be 28 days.": 18th December 2007 as below
The USYD appear to be cavalier in failing to re-issue me with a license to attend an otherwise generally publicly trafficable campus. This delay reinforces the deliberate censorship or victimisation as experienced in the original complaint of May 2007 trying to shut down my timely reportage of an education rally. It does feel like it.
Nor do I have any particular need or purpose except the principle of my vocational work of free community media. Do you think there might be any prospect of punitive damages against the USYD if they perservere with this capricious agenda?
I look forward to the renewed assistance of the NSW Ombudsman's office in this farcical situation, and I thank the heavens that such a check and balance exists in our government institutions. Certainly it is a case study in a potentially heavy handed control of public open space at Callan Park in the future. A real warning on curbs to democratic free speech via land tenure.
Yours truly
Tom McLoughlin, solicitor, editor www.sydneyalternativemedia.com, tel. 0410 558838,
----- Original Message -----
From: SAM  To: Jeremy ; Fisher
Cc: Conaty Sent: Tuesday, December 18, 2007 8:14 AM
Subject: 28 days notice to cancel termination on undertaking

Without prejudice
Reply address: 1a/50 Warren Rd Marrickville 2204
Professor Jeremy, USYD
CC Richard Fisher, general counsel USYD
Michael Conaty, NSW Ombudsman, investigating officer
By email
18th December 2007
Dear Professor
Breach of norms of free press community media on campus at student education rally 2nd May 2007 - 28 days notice to cancel termination of license upon undertaking here
I refer to previous correspondence in particular of 3rd December 2007:
9. Having said that, I accept that you are most likely offering in good faith "to withdraw this Notice on receipt of a written undertaking from you to comply with the reasonable inquiries and directions of the University's authorised officers in future". I do so undertake with this email correspondence and without prejudice as to what has occurred on 2nd May 07. On that we do disagree. [bold added]
Late last week I discussed the ongoing termination of licence for a good 7 months now with Michael Conaty, investigator at the NSW Ombudsman's office.
Without seeking to verbal Conaty, my understanding is that he suggests (and I agree) that I should write to you separately here repeating the above written undertaking regardless of any other outstanding issues which could take quite a while to resolve.
My understanding is that he suggests a deadline for your answer should be 28 days. I said I thought it should be much less given the 7 months delay already. However I accept his advice and his view that my previous letter of 3rd December may well be held up in the USYD legal office for other entangled concerns. I note his advice that failing action by you within 28 days that the NSW Ombudsman office 'can always revive the matter'. We take that on board and feel you should be aware of this too notwithstanding his previous willingness to close the matter.
I think you may want to also consider that we maintain a file on the USYD property interest in Callan Park as a future campus as reported in The Glebe and Inner West Courier recently, and feel the attempted May 2nd 07 exclusion of community media at a public event is a serious aspect of the planned expropriation of that public park land. I am intending to write to Hal Greenland and Friends of Callan Park, Green Party etc about what we say is this previous oppressive aspect USYD management culture. As an essentially public institution we say USYD should always be subject to community media reportage in a healthy democracy including in principle at places like a future Callan Park campus, if that eventuates. We feel there is a public interest right to know about such a change to public access regime in a traditional open access area.
Please let me know within 28 days of this letter that you have cancelled the termination of licence to attend the USYD campus, failing which I can pursue the termination again with the NSW Ombudsman's office.
Please feel free to contact the writer by tel. 0410 558838, ......and note new reply address above .........2204.
Yours truly
Tom McLoughlin, solicitor in NSW, editor www.sydneyalternativemedia.com
----- Original Message -----
From: SAM To: Jeremy ;  Fisher 
Cc: Conaty Sent: Monday, December 03, 2007 1:19 PM
Subject: Tom McLoughlin community media 2nd May 2007 USYD campus student education rally

Without prejudice
Professor Jeremy, USYD
CC Richard Fisher, general counsel USYD
Michael Conaty, NSW Ombudsman, investigating officer
By email
3rd December 2007
Dear Professor
Breach of norms of free press community media on campus at student education rally 2nd May 2007
I refer to your letter of Nov 15 2007 offering to reinstate my general public licence to attend the campus.
Thanks for your contact just prior to the federal election. I am copying in Richard Fisher based on previous exchange of correspondence and also Michael Conaty at the Ombudsman's Office for reasons that will be apparent.
1. My first letter was 2nd May 07 via electronic email with revealing photos therein. USYD have only responded 6 months later by your letter of 15 November 07. Six months later in fact. Frankly I don't buy the convenient excuses about miscommunication there at USYD.  A cynic would say this was only due to the eventual involvement of Conaty at the Ombudsman's office and on that we hang our hat.
2. With due respect you start out 2nd paragraph asserting the "private property" status of the front lawns there. To my mind (High Distinction in Land Registration at ANU in 1985!) this looks like shallow posturing. Everyone knows the Uni is massively publicly subsidised thus the reliance not on private trespass laws but the statutory Inclosed Lands Act just like Darling Harbour and Opera House etc which is your legal right. So yes it is quasi private, but conversely it is quasi public. Hence the whole public licence/termination regulatory regime.
3. That being said I prefer to not bandy legal niceties of land tenure with you. I'm busy, no doubt you are to.
4. The truth of the incident whether in your reports or not is that at law I don't need permission 'to photograph without consent' as you put it. Further, to be entirely accurate I was asked my name as I moved on to the gathering of students and their rally which was the next newsworthy location some 30 metres away. Your man tried to run interference by holding me up to get my name in his little note book, and I said "You can walk with me. I am working." He didn't follow me into the midst of the gathering student protester crowd. Quite wisely I thought.
5. Some 60 minutes later I was surrounded by 4 security as I tried to get my bicycle to leave with the rally. They had been photographing and monitoring my community media work all this time as evidenced by my record and were clearly stalking me for the opportunity to pounce. Only well after the rally was moving off did they demand my name and details. There was some clarifying debate about their legal power and then I gave my solicitor's card with ID. I repeatedly answered the question "Do you have a lawful reason to be on the campus?" with the incredulous response "I'm here to report the student rally for community media. I'm the reporter and editor for Sydney Alternative Media.com."
6. There can be no mistaking the motive and intention of these security staff. It was straight out oppression of free media coverage of the student rally, and of their method of dealing with that student gathering. Very unimpressive in a democracy actually. Your letter 'as you are advised' is in reality an impertinent deception to suggest otherwise.
7. I submit the cancellation of public licence was because of my answer of my purpose for attendance being community media, not the provision or not of ID. That looks quite a dishonest rationale. My ID was provided as evidenced by the cancellation notice itself. Not to mention the menacing threats to arrest me, while standing over and around me simply trying to continue coverage of the rally. In fact it looks highly consistent with the facts that the threats to arrest me were a clumsy attempt to prevent coverage of the strong rally down Broadway.
8. Without doubt given my solicitor status and stated community media role the Termination of Licence Notice was demonstrably not "reasonable in all the circumstances". Again with due respect this is legal bluster and face saving.
9. Having said that, I accept that you are most likely offering in good faith "to withdraw this Notice on receipt of a written undertaking from you to comply with the reasonable inquiries and directions of the University's authorised officers in future". I do so undertake with this email correspondence and without prejudice as to what has occurred on 2nd May 07. On that we do disagree.
10. I am not so naive in this day an age not to accept the proper role of security especially for a vulnerable student body and diverse international concerns. That's accepted. My point remains upon presentation of the solicitor photo ID card that was the time for your over zealous and frankly anti publicity security staff to back off and let me proceed on my way. It could easily have been dealt with by correspondence to resolve any future concerns.
In conclusion Professor, I do believe the USYD remains quite exposed to the claim of staff seeking to constrain public reportage of a potentially very embarrassing student rally (which actually got minimal coverage hence my interest to provide community media profile) some 2 weeks before the highly sensitive federal budget. That we submit is the awkward subtext you cannot avoid.
On the other hand it would be somewhat foolish in diplomatic terms to not acknowledge that since November 24 2007 we do indeed live in somewhat kinder times in terms of debate and dissent. At least that's my provisional view. May it continue to consolidate.
I have submitted to your general counsel an estimate of my legal time/costs in seeking to have what we say is a wrongful termination of licence reversed, and unresponsiveness for a good 6 months in the critical pre federal election period. I press that modest estimate with the University (eg a gratuity/no admission of wrongdoing on your part), to cover my time and effort. In this way I would be willing to withdraw my complaint to the NSW Ombudsman for the perceived legal injury and embarrassment caused in the course of our community media work, as well as the approximately 6 hours now of legal time drafting and settling correspondence about this issue.
Your continuing ban on my attendance at the campus is noted which will take same into its 7th month and to my mind compounds the potential quantum of my legal compensation including via the Ombudsman's office.
Please do not hesitate to contact the writer on tel. .......or 0410 558838 to discuss any of the matters above, or by return email (note updated server address).
Yours faithfully,
Tom McLoughlin, solicitor/editor www.sydneyalternativemedia.com

 


Posted by editor at 11:24 AM EADT
Updated: Friday, 4 April 2008 7:07 PM NZT
Monday, 3 March 2008
From Wall St to Wollongong, Daryl Hannah as Beth Morgan, Paul Matters v ALP Right developers
Mood:  sad
Topic: nsw govt

Years ago in tragic wonky form we watched agog as Paul Matters (ex unionist rep South Coast Labour Council, in new role as legal advocate barrister for a hapless staffer of ALP MP Gabrielle Harrison in an employment IRC dispute) was in turn quoted by Quentin Dempster on Stateline. The effect of the allegation was that said staffer in her wrongful dismissal case claimed she heard her boss Harrison refer to the State ALP Govt as

'the most corrupt government in the history of NSW'.

Harrison duly denied ever saying it though it was claimed so in sworn evidence. This may all have been before standard ABC web based searchable archival data base putting it at 2002 or earlier. The damage possibly was done because junior minister Harrison exited state politics soon after because if she didn't say it the gist of the embarrassing disloyalty to the Labor Family Business must have been noted. Ms Harrison one suspects was too honest and a poor fit.

Indeed in retrospect these quotes from the SMH say plenty about Ms Harrison out of love with the ALP Parliamentary Party and corroborate our general memory of the events:

Ms Harrison was described by the Premier, Bob Carr, as a Labor Party hero in 1994, when she was elected in a byelection after the death of the incumbent member, her husband Andrew Ziolkowski.

She was quickly elevated to the front bench and held the sport and recreation portfolio for five years. But Ms Harrison's star fizzled in 1999 when she was dumped from the front bench and her former electorate secretary, Anne Stonham, launched legal action against her over allegedly harsh and unfair working conditions.

Ms Stonham, who worked for Ms Harrison from 1994 to 1997, claimed in the NSW Industrial Relations Commission that Ms Harrison had neglected her duties as a local member and kept photos of opponents in a locket. The case has still to be finalised.     ...

Ms Harrison, who could not be contacted last night, told ABC radio that her decision had nothing to do with the Stonham case.

"I've just had enough," she said. "I think you know in your heart when it's time to move on and I knew that, so it was a difficult decision but I've made it.

"I guess it's been coming slowly that I felt that I should move on. It's the sort of job that you have to give your heart and soul and your life to.

"You can't do the best job you possibly can when you're wishing you were somewhere else, and I've been wishing I was with my family more."

in  Ballot rules row after Harrison quits ALP By Robert Wainwright, State Political Correspondent
December 21 2002

Roll forward some 6 years we hear 'a source' in Wollongong (ie referred to via abc 702) reckons words to the effect of: 

'if an administrator is appointed at the Gong by Justice Cripps via Premier Iemma then it will mean the Wollongong Council is effectively run from Iemma's Macquarie St'.

Ain't that the truth.

We did notice Mr Matters in the press recently too in a picture sledging the corrupt Wollongong Govt for a community group down there. Quite the indy advocate is our Mr Matters all these years later. And good luck to him too.

Matters seems to have come a cropper developer influence some 10 years ago having been shunted out of his secretary role in the SCLC with Michael Costa, as then unionist leader keen to flog off Currawong on the north shore. A real battle of old Labor versus spiv Labor within the union movement itself:

Currawong: How Costa squanders workers' assets' , 6 December 2000 Green Left Weekly by Dave Bell - "a NSW Teachers Federation delegate to Labor Council of NSW"

We watched the 1987 Wall St the movie yesterday, twice with Michael Douglas as best actor Academy Award winner ousting Broadcast News the same year with the high promotion budget and no awards at all. We watched once with the director's comments and what a geat study of greed it is:

The point is, ladies and gentlemen, that: Greed, for lack of a better word, is good. Greed is right; greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit. Greed, in all of its forms, greed for life, for money, for love, knowledge — has marked the upward surge of mankind and greed, you mark my words — will not only save Teldar Paper but that other malfunctioning corporation called the USA.: Gordon Gecko soliloquy to stockholders meeting in Wall St 

Ground breaking frame of the information technology age in 1986-7 just before the share market crash of Sept 1987, released in Dec 1987 (where this writer lost a year's Canberra public servant superannuation, Trademark's Office).  A classic and homage by right leaning Oliver Stone as director to his dead father who worked as an intellectual style economist on Wall Street.

When we saw the deeply amoral compromised Daryl Hannah character Dariane, that Hannah had trouble channelling apparently, in all her natural beauty and charm we realised with a shock we were looking at .... Beth Morgan at the ICAC hearings this last fortnight ... who we presume also wanted to do "alot more than just survive".

To quote wikipedia: . The defense of greed is a paraphrase of the May 18, 1986 commencement address at the UC Berkeley's School of Business Administration, delivered by arbitrageur Ivan Boesky (who himself was later convicted of insider-trading charges), in which he said, "Greed is all right, by the way. I want you to know that. I think greed is healthy. You can be greedy and still feel good about yourself."

Some stand out lines of the movie:

"The main thing about money, it makes you do things you don't want to do":

spoken by actor Hal Holbrook, which director Stone underlines "It's true".

"when you look into the abyss you find your own character":

again by 'soothsayer' character Hal Holbrook.

We felt an urge to take the DVD into the ICAC hearing public gallery today and give the shop copy to the badly wounded Ms Morgan, that she might become the Charlie Sheen character who indeed weeps and switches track back onto the road to redemption, the social contract under the law.

"Maybe it's the price you have to pay"

Says actor father Martin Sheen to actor son Charlie Sheen, referring to the imminent jail sentence as he faces with grit and honesty his own wrongdoing.

We would urge Morgan to watch this movie if she ever gets to read this blog. Douglas who plays the black hat so well is in life actually very idealistic. The whole thing is a parable. It will make her feel better to know plenty have been there before and some have even survived looking into the abyss. It's a question of character.


Posted by editor at 10:23 AM EADT
Updated: Monday, 3 March 2008 3:24 PM EADT
Sunday, 2 March 2008
Sunday political talkies: Swany's excellent (budget) adventure, anticipation grows for elite 'people' summit
Mood:  quizzical
Topic: aust govt

 

 

Picture: Outside ICAC Sydney office Friday 29th February, suggesting, if nothing else, that NSW governance is a wilderness of mirrors (a phrase borrowed from 'brilliant' but damaged alcoholic paranoid CIA director Angleton) such that even ICAC will have trouble sorting it all? 

 

 

 



Author’s general introductory note
(skip this bit if you know this regular weekly column):

This is not a well packaged story. It’s a contemporaneous traverse of the Sunday television free to air political talkies indicating the agenda of Establishment interests: Better to know ones rivals and allies  in Big Politics and Big Media.

 

Indeed it’s the tv version monitoring task similar to what Nelson Mandela refers to here in his book Long Walk to Freedom (1994, Abacus) written in Robben Island prison (where he was meant to die like other African resister chiefs of history in the 19C), at page 208

 

“..newspapers are only a shadow of reality; their information is important to a freedom fighter not because it reveals the truth, but because it discloses the biases and perceptions of both those who produce the paper and those who read it.”

 


Just substitute ‘Sunday tv political talkie shows’ for "newspapers" in the quote above.

For actual transcripts go to web sites quoted below except with Riley Diary on 7. And note transcripts don’t really give you the image content value.

 

 


Media backgrounder – this section under construction till later Sunday/Monday

 

 

- Constant reports this last week on sleazy money politics in NSW not least our report from ICAC hearing last Friday on SAM. Veteran Alan Ramsey flushes out the NSW ALP doing over the federal govt national interest in a curfew free air transport link. Talk about foul the nest with land developer greed. A cracking read from the 'lounge bar bore' as some unkindly have called old Alan:

Saturday March 1, 2008 What chance now of keeping the bastards honest?

The NSW govt seem to have a strategy of pushing forward such as Verity Firth MP as their honesty figleaf who in fact is also greatly compromised in terms of policy integrity over attempts to flog Callan Park open space for high impact development (along City Rd now) by Sydney University, a better class of developer presumably:

 

Morris Iemma has been forced into print late last week which boasting the achievements of this "good government" which are all too humble in nature and duly way below the fold line bottom left:

Hysterical headlines do not tell the true story of our state - Opinion 29/2/08

The general public perception and closer to the truth surely was the scathing list of failure in the Daily Telegraph editorial:

For state's sake, wake up Iemma | The Daily Telegraph

where we counted 9 black marks.

- Back on 17 Feb 2008 we had this below in our usual Sunday Talkies traverse, with a 7 days time delay cranking the story to highest levels of awareness 14 days later. Good stuff Big Media, even Alan Jones sensitive generational’ interview on 2GB kicked it along when it counted.;

Promo Ross Coulthard at 8.08 am with medical misconduct story, important but not particularly political in nature except organization integrity of health system, which probably is political State v Federal resourcing and talent.

Business, economic roundup with Ross Greenwood clash with 10 MTP something about banks being scared to lend now.  

Bega Valley doctor – Reeves. Looks grim about cover up. Coulthard very strong interview with medically abused women. This story will run.

 

- Mark Aarons of Left ALP aristocracy, in the SMH this weekend 

 

Labor's ties that grind - National - smh.com.au  

follows Lateline debate with John Robertson, essential listening confuses union membership level and union coverage of a sector via award protections for all workers as the same concept, totally letting freeloaders off financial responsibility for industrial justice legacy. Yet the constricted base of talent for the ALP parliamentary party from their union base is clearly a problem too, however it arises.

The issue Aarons and most all within the Labor/labour paradigm totally misses is that work in an age of high mechanization and information in 21C is not nearly as high priority or fundamental value as in 20C. Rather institutional integrity, ecological sustainability, and spiritual fulfillment are all far more important 21C concepts compared to the WW2 peace dividend of wealth creation through hard work. What indeed is science and mechanization for than to make life easier for all? Thus economic growth through high labour and material inputs is outdated 20C thinking.

That’s not to say abandon discipline endeavour or commitment to effort to stay balanced and avoid atrophy and malaise but it does mean a lesser role for unionism/ALP representing collective labour, making as much sense as a collectivization of computer terminals, giant mining trucks, or cars.

 

-         4 Corners retrospective on Joh Bjelke Peterson and the last 20 years since,  this Monday

-         Eric Abetz in trouble over Nazi family cultural legacy, Abetz recall was vehement supporter of dictatorial Exclusive Brethren economic misogynist slavery cult. Ironically Abetz says judge me on my own merits. We do Senator, we do.

 

- Science, nurture and nature: the great forestry debate 22nd Feb 2008

 

-  Crikey circulated the nomination form for the 2020 federal govt summit 24 hours to deadline. So we sent one in with a defiant tone, and no false modesty amongst some 3000 other jostlers:

 

My presence will assist a successful event: A principled dedicated non smoking teetotal community media practitioner who will report back fairly to the community sector with an independent legal and ecological eye, with no personal agenda; An enthusiastic respectful participant in forums. Our history of knockabout experience, good education, and ecological achievement will add a powerful flavour to the discourse dominated by proud over achievers in other fields. My qualities, off a very humble base, are a premium for social and economic restructure in a massively carbon constrained future, and which this summit - already with something of a credibility gap - needs.

 

This is what we really think will happen, that is nothing!:

 

Sent: Thursday, February 28, 2008 6:25 PM

Subject: dobbed you in as referee! Fw: Thomas McLoughlin ecologist, community media practitioner, solicitor

[personal referees] 

Hey you guys, I sent in an application to the big conceited govt summit, and dobbed you two in as personal referees. Hope you don't mind.  

Just tell them whatever you like. But it's not going to happen anyway so don't worry about it. 

Check the humble self recommendation - they need me! So I think anyway. 

Cheers Tom. … 

 

Sent: Thursday, February 28, 2008 6:19 PM

Subject: Thomas McLoughlin ecologist, community media practitioner, solicitor

Please find my application form attached. 

Yours truly 

Tom McLoughlin, solicitor, editor www.sydneyalternativemedia.com/blog

 

 

Sunday 9 7.30am- 9.30am

 

-         Dubai lack of human rights story amongst the desert and oil wealth

-         Geraldine Brooks successful Australian author based in USA.

-         Prince Harry PR service as a soldier in cotton wool.

-         Same advert as on 10 re 6 to 3 cylinder car Accord.

-         Trump story wank. Actually no – its  a damn good short story about money overtaking personal life. Good tv competing with good expert tv on 10.

-         More good tv reprising Bega butcher doctor story, they broke, full credit. Lorraine Long Medical Error Action Group, another lady victim, all praise for courage.

-         Answer to online poll re cutting C02 emissions greater than 60% by 2050 poll last week –  on 32% or so say yes. Conservative audience, shows how dumb and unscientific in denial the affluent really are.

 

 

Laurie Oakes with Wayne Swan – colourful youth, twenties beat up in Sunday press. Rudd at high school was no rager. Swan spikes the strawman story, almost as if planted by his own side. Gets on to the glazing budget detail.

 

Multiple references to The Australian.

 

http://sunday.ninemsn.com.au/sunday/default.asp

 

 

Picture: Who will be the winners and losers in the upcoming tight federal budget. This fellow pictured catching a nap in the sun yesterday under the razor wire looks unconcerned in new PM Rudd's 'core nation'.

 

 


10 Meet the Press:  8- 8-30 am

 

Press roundup, not much of interest.

 

Lindsay Tanner, sweetener $150 for teen dental, good idea to mentor dental hygiene. Meanwhile promotes fiscal rigour.

 

Missed out take of Rudd aside.

 

Advert – what the F? Car with 6 to 3 cylinder technology, sure. Then bright green prospectus for “sub soil”.

 

Panel Philip Clark 2GB, tax cuts inflationary burden on home owners at the other? Says progressive cuts, participation rate,

 

Michelle Grattan – interrupts the eye glazing rhetoric of Tanner sounding like a Treasurer actually. Didn’t catch a whiff of meaning.

 

Tanner looks pinched scrubbed and bleary eyed, working hard. He’s like on auto pilot – burn out material? MG – middle class welfare, echoes PC above.

 

Smart talker from Odyssey house re binge drinking, James Pits (spelling?), been on abc 702, African American guy quite the telegenic icebreaker. Should do more tv.

 

Meet The Press - Watch Political Video Online - Channel TEN -

 

 


Riley Diary 7

 

Missed the start, some choice clips of PM behaviour – some theme about awards like the academy awards. Spoof about “core” cliché. Quite funny. Footage of Helen Clark looking older and tireder.

 

Q&A re summit 5 min each take 31/2 days, big challenge to get anything coherent.

 

http://www.seven.com.au/sunrise/weekend

 

 

 


Insiders 2: 9- 10am

 

First 100 days, booklet presser by PM Rudd.

 

Press round up, Abetz relo, Swan in 70ies tickle up, dental plan

 

Panel is Taylor AFR, Meglo Oz, Aker SDT.

 

Talent is Roxon as Health Minister.

 

Usual segments, interesting, fair degree of cross spectrum bonhomie. Including Akerman making some telling points from the Right re Meglo blog more impact than a 2020 summiteer, Taylor holds out on consultation, echo of Riley skepticism.

 

Home page is http://www.abc.net.au/insiders/ 

 

Picture: Someone's gotta do it - Camperdown historic cemetery 1st March 08


Posted by editor at 10:21 AM EADT
Updated: Monday, 3 March 2008 10:20 AM EADT
Friday, 29 February 2008
Questions remain how stand over man Younan passed himself off as ICAC officer
Mood:  not sure
Topic: nsw govt
 

Picture: Where ever you look there are developers including "Stockland" outside the ICAC hearing room as a gaggle of media monitor figures exiting today.

 

The NSW Independent Commission Against Corruption (ICAC) is the kind of place where they give the media an emergency exit plan like on a Qantas flight. Everything should be fine but they are defying 'gravity' only in this case the ruthless game of money politics in NSW.
 
 
It's easy to fall into a frivolous attitude with the cartoon like characters straight out of the Sopranos lined up at this hearing. Really they do look so. Big fairly harmless guys like Cr Frank Gigliotti in the witness box today in the Gong-gate, upset over his wife's breast cancer who just wanted the sinister stand over man Younan to leave him alone.
 
 
The Commission played footage of a case of Chivas Regal from Gigliotti going into Younan's car boot ostensibly to keep the ICAC itself quiet, that he was impersonating: Here it is already on News Ltd websites:
 
Whiskey scandal brewing
THIS is the moment a councillor caught up in the ICAC sex-for-development case gave a case of whiskey to conmen posing as corruption investigators. Video of the handover was released today as Morris Iemma told a female MP caught up in the scandal to stand down and Wollongong council's future is on the rocks. More
At this point the hearing room door opened as someone entered and guffaws of laughter could be heard from the Media Room as the flaks watched the same footage across the foyer.
 
 
Maybe it was Friday cabin fever for these folks - serious reporters like Deborah Cornwall (7.30), Wendy Frew (SMH), John Lyons (The Australian) and the bloke from the ABC tv who usually does the whimsy (maybe his exec producer also has a sense of humour). And others I don't recognise.
 
 
But a flippant reaction to proceedings would be wrong. Certainly the beak Judge Jerrold Cripps was techy with miserable Gigliotti, who was doing no giggling and didn't enjoy his gig today. We made a drawing of him with his ample girth resting on the desk surface in front, balancing on the chair edge, as if to concede it was always going to be inadequate:


One of the meeja agreed it was a case of racketeer "wolves amongst sheep" with Gig arguably being the latter.

In fact we found the hearing room a little intimidating amongst the ethnic folk even with our own 1/8 Italian heritage - what were these guys really capable of? We started to see the sense in sitting at the back where one is less noticeable amongst the serious players, or camp in the media room itself.
 
 
Frank Vellar who for want of a better metaphor was an older version of the Matt Damon character in The Departed deep in the mire, reverting to Italian for emphasis, bedding the talent Beth Morgan. She was sitting (significantly?) next to John Lyons (The Australian) most of the morning suggestive of some kind of media deal. She will surely run the naivety defence with tender age, those looks, and benign sexism, it just might work. On the other hand Vella is quoted today referring to his male developer and councillor peers as "smarter than a fox" and "they will eat you" to one Cr Zanotto.
 
 
We went to the ICAC pursuing a theory, that like Matt Damon in the movie they had or have a rat deep in their midst. We suspect so from the Debra Jopson story front page Sydney Morning Herald 21/2/08 namely:
http://www.smh.com.au/text/ffximage/2008/02/20/cover_bw_narrowweb__300x306.jpg
Maybe this Melinda McCabe formerly Manager of Investigations at ICAC who turns up working with disgraced Joe Scimone at the Maritime Authority is the real Matt Damon in this story? We pressed Nicole Thomas, media officer for ICAC on this point and she called back quick smart but only to say ominously "no comment".
 
 
Certainly Judge Cripps wanted to know why the hell Gigliotti was so convinced a hefty grub like Younan could possibly be an ICAC officer. It was indeed incredulous, and to hear the detail was to feel the chill clammy embrace of Big Younan and even sympathise with his victims. 'How stupid' we are supposed to think unless .....there is or was a rat deep down in the ICAC burrow. In that case it could ring true to hapless Gigliotti, who otherwise didn't seem that stupid, well and truly hooked by Younan, who did in fact trade on the allegation ICAC was dirty. It's a scenario likely to greatly unsettled the beak too.
 
 
We all have to hope it was a mere ruse.
 
 
Then there is the quandary of Ms Morgan, senior planner. One journo said she's irrelevant now, and a retired senior planner of 35 years experience in the public gallery told this writer she was "naive". The Daily Telegraph runs a story today pretty much to the effect she has already been punished by humiliation as a pawn, if not porn, or hooker for gaming developers:
is the title on the web, but actually the headline in print is 
This woman deserves our support
with a big neutral image clutching legal folders. How's that for friendly spin?
 
On the other hand we recall a Peter Corris crime thriller where the willing participant in a Bonny & Clyde sex and robbery adventure is later absolved for being young, female, and emotional. Certainly Morgan, possibly with her mother sitting next to her, is such in the back of the court - mortified, quietly distraught even as Vellar gave his evidence this morning at one point looking up, and who knows maybe even to the back of the court but probably to his lawyer.
 
 
We admit to a cynical streak still - something doesn't quite gel with us in all her genuine anxiety - reportage of writing the ethics policy then breaking it; leadership training programme in Bondi Junction, fooling around with a married developer, her own divorce, joining in the table of knowledge tactics meetings; failing to officially report Joe Scimone's harrassment while knowing his political connections; Noreen Hay MP elected in 2003 and a certain age and ripe for a challenge like Jodi McKay got that seat of Bryce Gaudry up in Newcastle. Or maybe just her tone of voice in the tapes played today at the hearing.  Just how ambitious and calculating was Ms Morgan? Was her goal a political career in the end, short circuiting the money men drip feed to the other councillors, for her own political aspirations? Was she ever a member of the local ALP herself? Did she fancy herself after the Greens stole Cunningham federally in 2001?
 
 
Did she look at Nicole Cornes in South Australia and think I can do that, all I need is financial backing?
 
 
Noreen Hay has just been ditched too, as we read this arvo on the Sydney Morning Herald 3.32 pm today

ALEXANDRA SMITH 3:32pm | Premier orders Wollongong MP to step down as secretary for health.

Our theory re Morgan stalking Noreen Hay MP is probably all fanciful and unworthy and certainly lacks any factual basis, all circumstantial surmise. Possibly says more about this writer's obsession with real politik. But then we just wonder, was there two Beth Morgan's? The besotted naive mid level planner, or the bored ambitious calculating amoral political animal who knew the power geography too well and the role of money in that paradigm, whose general manager was literally in it up to his neck as well, but not her immediate superviser Director of Planning? Ms Morgan had ability and opportunity, maybe motive, and we wonder.
 
Was she in fact too good a student of reality in that frog pond and taking a career path? Anxiety more about the existence of the ICAC itself putting a spoke in the whole sorry affair including her escalator upward?
 
There were some choice comments in the hearing about the "fuckwit deputy" and "mini me" etc present councillors. Truth to tell Beth Morgan couldn't have been worse.
 
 
Judge Cripps gave natural justice notification to all the lawyers as the day's hearing drew to a close that under S. 74C of the ICAC Act:

[74C Reports relating to local government authorities

(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the making of a proclamation under the Local Government Act 1993 that all civic offices in relation to a local government authority be declared vacant if the Commission is of the opinion that systemic corruption exists within the local government authority.]

they would need to address this potential recommendation to govt for dismissal of the Gong council. 

We already know from his press conference a week ago Premier Iemma is keen to sack the council too.
 
 
State Govt will be keen to quarrantine Wollongong Local Govt at every turn, including ditch Noreen Hay MP, a loyal servant of the regional ALP but not nearly as good looking as Ms Beth Morgan.
 
 
The ICAC broke up early - 1.30 pm today - probably so the Big Meeja could work up the audio and visual material provided on disk for the weekend splash. Nicole Thomas as media officer like a heavily armed navy frigate, if not battleship, was keeping jealous watch again over the media fleet. Earlier she dispensed AV disks, and now ever more transcripts as we left in search of honest sunlight.
 
 
We used the exit plan.

Posted by editor at 3:49 PM EADT
Updated: Saturday, 1 March 2008 10:22 AM EADT
Wild variability in weather a symptom of climate change?
Mood:  quizzical
Topic: globalWarming

 

Picture: Storm clouds roll over Marrickville yesterday 28 Feb 08, as radio talk back callers notice torrential rain thrashing their local areas, causing truck drivers to pull over and let these brief storm bursts pass over.

Recently the non profit Bondi Beach Community Night Market (as distinct from the much bigger School Market nearby) asked me to check their submission for renewal of their DA, having been a ward councillor 95 to 99, and now doing some part time secretarial work for their monthly meetings to help pay our bills (Feb 08). We were too late with feedback to influence their written submission, what with NSW politics in general in meltdown and just trying to keep up with the flurry of stories from the Big Media 'reptiles' (or is that angels?). They got their DA approved as per many previous years last Tuesday 26 Feb 08.

But we did notice this rather significant financial feedback via the market stall coalface down on the coastal strip: Somewhat anecdotal to be sure but it's another thread in a changing eco-system;

The BBCNM’s previous & current hours of operation were agreed upon with the Council equitably to give as much time as possible to the market to enable reasonable trading hours each year, & also to provide fair & equitable access to the site for other Council promotions etc.

 

Since these original terms were agreed upon a number of factors have impacted on the area. One of the main issues facing the profitability of the market is the increasingly unpredictable weather for this area. In the last two trading years (October to April) the market has only been able to trade until near midnight three times. For the last 3 or 4 years, in the summer time the market is extremely lucky to be able to trade until 9pm/ 10 pm at the very latest due to adverse weather conditions (including wind).

 

For the past few years traders have faced very difficult times economically which began with the knock-on effect from the Cronulla riots, to extremely bad weather of the last two Summers. The new trading hours proposed by the Council will affect many people’s livelihood, severely restricting the BBCNM authority & possibly bring back a return to the anarchy of the illegal trading of old.

 

....

The trade in the area is naturally both seasonally & weather dependant. During the increasingly brief periods of warm sunny weather people head to the beach in droves, but on the more usual overcast, cold or rainy days more often than not the vast majority of those that venture to Bondi flock to the sanctuary of Bondi Junctions Westfield.

Because of these adverse conditions and the fact that Roscoe St is a wind tunnel & unprotected from the elements many trading days are affected. Factors such as rain, strong winds, the cooling effects of the early shadows/ winds that sweep/ hit the area restrict, or eliminate the possibility of trading altogether on many days. Many Bondi Beach businesses say that these days there are only 40 good trading days per year at Bondi Beach - the rest of the time you struggle to pay the rent. ....

 

Meanwhile front page of the SDT captures the general vibe here today:

Which follows that newspaper coverage of high impact localised storming:

Wild weather ends lost summer Wild weather ends lost summer
Hail in the hills ... Bilpin, in the foothills of the Blue Mountains, after the storm passed. Picture: Greg Dulson

The experts are noting that this is all about La Nina cycles rather than climate change as such but tell that to the folks copping it and noticing the weirdness.


Posted by editor at 8:14 AM EADT
Updated: Friday, 29 February 2008 8:55 AM EADT
Thursday, 28 February 2008
'Insider trading is part of the system': Market participants
Mood:  d'oh
Topic: corporates

 

  Eddy Groves

With the ABC Learning (no relation to ABC public broadcaster) share trading intrigue breaking in the news this timely backgrounder only last week, with selected choice quotes:

Insider trading rife in Australia | NEWS.com.au 23 Feb 2008

INSIDER trading is so rife in the Australian stock market it may be weakening the reputation of the local bourse, forcing the companies' watchdog to bulk up its resources in the wake of a poor track record in cracking down on the practice. ....

"It is frustrating and commonplace to see informed price movement happen before announcements,'' Peter Hunt, principal at boutique investment bank Caliburn Partnership, told the Australian Securities and Investments Commission Summer School yesterday.

"There is greed and short-termism that is pervasive, and getting worse.'' ....

"We are concerned that insider trading is at a level that is a major issue for the market,'' Balanced Equity Management managing director Andrew Sisson said.

....He said in the 40 days before an announcement, a target's share price would rise on average 10 per cent.

"In the very last day there is a spike of about 3 per cent typically,'' Mr Sisson said.

"This is partly rumours, partly straight insider trading. It's fair to say that a significant level of insider trading is detrimental to our market.''

.... Gresham executive director Jenny Seagate said 2007 was "a year when insider trading was on the rise''.

..... "For many market practitioners six-figure fines are relatively small, although it is a lot of money to most people.

"Let's seriously think about decent seven-figure sums.'' ....

Peter Hunt's ways to cut insider trading
* The secondment of staff between ASIC and the private sector
* Better data about insider trading
* Measuring the performance of the regulator against the data
* Handing ASX's supervisory powers to ASIC to create a centre of excellence
* Improving and speeding up the litigation process
* A specialist markets tribunal made up of market participants of "good standing"
* Financial rewards and immunity from prosecution for whistle blowers
* Plea bargaining and civil penalties with $1 million plus fines
* Give compliance officers a statutory duty to report directly to ASIC if they see or suspect suspicious behaviour


Posted by editor at 10:05 AM EADT
Updated: Thursday, 28 February 2008 4:42 PM EADT
Stop press: Developer given enough rope on Deb Cameron ABC 702
Mood:  vegas lucky
Topic: nsw govt

 Image:Godfather ver1.jpg

Oh my god, live to air, a Wollongong developer called "John Canelli" as we heard it. As sometimes happens his mobile phone rang during the interview and he was caught mid stride passionately defending his development industry sector. Otherwise no great significance one would think.

Then it happened, a tune wafted over the airwaves across all of Sydney like a scene from the excellent Shawshank Redemption - not ethereal opera but his ring tone theme from The Godfather pseudo docu-drama about the Sicilian Mafia, not to be confused with the Camorra from the Campania region of Italy.

No wonder Deb Cameron felt "lucky". It's a scoop and quite bizarre electric broadcasting. Andrew Denton's enough rope modus operandi has struck again.

Next interview by direct comparison was intrinsically honest former NSW Auditor Tony Harris. Oh how the fates have combined. Then a good Samaritan bikie, then an ocean rescue of a fisherman. What a morale booster for the still fairly quite new radio jock Cameron. Bravo. Who would have thought Big media reptiles could lose so good by comparison:

And moderate ABC sledger Joe Hildebrand has the page 1 byline on the Sydney Daily Telegraph today with more tough love on government integrity. One feels the 4th Estate have got up on their hind legs (!) and have been doing their profession proud this fortnight, and so much praise here for that.

So enjoy this sublime Mozart here, you earned it via "Andy" aka actor Tim Robbins

     YouTube - Andy plays Mozart

And especially this thrilling part, turning the volume control ... even higher.

..............

Postscript #1 29 Feb 2008

 

 


Posted by editor at 8:40 AM EADT
Updated: Friday, 29 February 2008 9:06 AM EADT
SMH reflecting social and government neurotic conflict on dangerous climate threat?
Mood:  sad
Topic: globalWarming

This cut and paste from the layout of the Herald opinion pages yesterday indicates the tragedy of our times: Increasingly existential threat to society correctly identified by economics editor Ross Gittins from dangerous climate change and yet the Herald editorial proper commitment to growth of the energy sector with

"in a state that expects rapid population growth, and corresponding economic growth, in coming decades"

Talk about disjunction. It's the tragedy of our times and maybe of all time. About 12 years left if you read Gittins closely , and factor in the best scientific advice coming through the mass media, indeed breaking through the market based ecnomic filters.

A market failure which is the tragedy of our time, and probabaly of 4 billion plus years of evolutionary ecology:

..............

Earlier today we wrote here:

Rally for public power assets in public hands

This is a real mind bending situation - no doubt about it. One thing capitalism does well is creative destruction of a sunset sector tearing down assets ..... no doubt about that. But in the case of restructure of a major major major profitable natural monopoly I strongly suspect the capitalist free market model won't work to achieve this renewable energy outcome that all thinking people unionists, and greenies want.

That is a high employing solar and wind and geothermal and wave etc energy sector.

The reason is the ability to make money from dirty energy via abundant coal is just too easy with huge momentum right now. Why close a big coal power station with all that huge private profit?  There just is no financial incentive, rather there is every incentive to just run it into the ground cutting safety, and higher mechanisation and less jobs and ramp up production until it busts in terms of equipment or government carbon regulation.

That's a recipe for ultra production of dirty energy. What we need is a hypothecated restructure where the profit centres in the business, namely the retail side (not the negative high maintenance poles and wires which they couldn't sell if they tried), into those renewable energy agendas.  That is publicly subsidised transfer and restructure. That's far better done with public control just as JK Galbraith exercised control during the crisis of WW2 for the US Govt (winning two US presidential medals of freedom as a giant of the political economy).

This sell off agenda ever since 1997 has been a naked attempt at hiving off the profitable section to big business mates just like profitable 380 bus route with a private heavy rail link to Bondi, socialise the costs by closing the 380 down, and all the other bus routes cross funded by the 380.

To think such big big big restructure can follow without sufficient ownership control is just a little too wishful given corporate ability to cook political policy with money politics - they will use that dough to sabotage and delay the scale down and replacement - saying China and India aren't doing it so we ought not, we will have blackouts, we need more not less power for the growing economy etc. In other words no renewable energy switch at all. All that grubby money, all that cheap coal.

A public interest centrally planned economy is in fact a good model for big big big public interest problems, where the profit motive is way secondary like a time of war itself. Ross Gittins/Herald article yesterday when you read it carefully is shocking. And totally contrary to the editorial same day in direction really. He is saying we have about 12 years until the end of the world and the human project way over 450 ppb of CO2 equivalents. In short we are fucked without massive massive intervention into the market and that means walking away from corporate hegemonic control of our economy with its growth fetish.

In other words fuck off private equity etc corporations including in the energy sector, we prefer the planet and a future to the money. And yes it does mean loss of easy short term funding. It is a big sacrifice with alot less lolly money. But it is also crtiical to a sustainable future for a publicly driven economic restructure. Even the Catholic Bishop of Parramatta seems to have added his voice. Incredible really.


Posted by editor at 8:16 AM EADT
Updated: Friday, 29 February 2008 8:11 AM EADT
Wednesday, 27 February 2008
Herald reporter nails Premier Iemma with question on improper influence?
Mood:  quizzical
Topic: nsw govt


As the heat and damage continues to mount all this fortnight the front page of the Sydney Daily Telegraph had the weight early as above in this story:

It's time to be frank, Sartor | The Daily Telegraph

Interestingly the ABC radio are reporting a legal threat by Premier Iemma against any media suggesting corrupt decision making of Ministers as a consequence of donations. That is a libel suit:

 Iemma threatens journos amid donations tension ABC

And Sartor is in pain too:

Donations row: Sartor snaps at 'scumbags' - ABC News (Australian ...

But Andrew Clennell is of rival Sydney Morning Herald is also in the hunt for a Walkley with this story in full below which was on their webpage until earlier this evening, and is still searchable online, but off their main page now it seems. Is this the result of legal pressure?

We feel it needs to be copied and reposted, just to be sure it remains in the public domain. For though Quentin Dempster argues on ABC TV tonight there is no evidence yet of proximity between donations and decisions, we submit that is not the only test of correct governance.

 Rather we say another is that but for the position of power, would the request for support for say a fundraising dinner, or a donation direct, have been given? If not then that's use of the ministerial position for a personal party political benefit. In short a protection racket - the implied threat is you will donate or else take the consequences. It starts to look and feel like "the joke" as corrupt conduct has been known as previously.

That's the allegation in Clennell's story and Iemma hasn't answered it, except in fact to admit he has "participated" in fundraising. Iemma is a lawyer. He knows or should know from 1st year contracts at law school about "undue influence" and "unconscionable conduct" thus invalidating a legal agreement. What about in the extra ministerial activities of a senior politician: Even if it can be argued as not the intention to leverage the portfolio for donations, then what about the effect? Does every interest group except the minister think there is no pressure to donate?

Clennell is asking the right question, as per the strong front page story in the Daily Telegraph by Joe Hildebrand pictured above about Minister Sartor. Sartor can say until he is blue in the face there was no connection between donations to the Party and his planning decision but what of the effect on the giver(s)? Did they expect a quid pro quo? And what about the other story of canvassing for a fundrasing dinner to developers who needed Minister Sartor's discretionary support? That's the same undue influence question directed at Premier Iemma with no convincing answer to date.

We have no hesitation in saying those developers had no freedom to refuse the minister's clammy embrace if they wanted to do business, and the Greens are right to call it "inappropriate". Protection racket would be another term.

..........

http://www.smh.com.au/news/national/iemma-evades-question/2008/02/27/1203788408232.html

Mr Iemma ... dodged the question.

Mr Iemma ... dodged the question.
Photo: Bob Pearce

Andrew Clennell, State Political Editor
February 27, 2008 - 12:17PM

NSW Premier Morris Iemma today refused to answer whether he has ever personally telephoned interest groups in his portfolio responsibility areas as a minister or premier to ask them to attend fundraisers, as the storm over political donations to the Labor party grows.

Mr Iemma's evasion of the question follows Sydney Morning Herald revelations, which have been referred to the Independent Commission Against Corruption by the Greens, that during a phone call Planning Minister Frank Sartor asked the chief executive of Stockland Group, Matthew Quinn, to book a table for a fundraiser.

Stockland at the time had several applications before the minister.

Yesterday in Parliament Mr Sartor refused to deny the allegations.

He has previously said he has "no specific recollection" of the conversation.

Mr Quinn has not commented on the alleged conversation.

Mr Iemma was asked today: "Either as a minister or as the premier have you ever telephoned any interest group within your portfolio responsibility and asked them whether they were attending a fundraiser?"

He said: "I've participated in fundraisers in the past, I've participated and attended fundraisers as the premier, as the former prime minister has, as have other ministers, shadow ministers and indeed the leader of the opposition is attending one on Friday and never [have I had] any improper association, conduct as a result of attending fundraisers or being involved in fundraisers."

Journalist: "When you were a minister or the premier have you ever telephoned an interest group within your portfolio responsibility and asked them whether they were attending a fundraiser?

Mr Iemma: "It's the same question you just asked me and I just provided you with a response."

Mr Iemma also defended Mr Sartor and appeared to pre-empt the ICAC finding concerning Mr Sartor, saying he was a man of "integrity".

He told the journalist:"If you're alleging corruption on the part of the minister for planning, do so, lay the allegation, face the consequences of the libel suit that comes.

"If you're alleging he's acted corruptly, in a matter that is before him, lay it and face the consequences of the libel action."


Posted by editor at 8:03 PM EADT
Updated: Wednesday, 27 February 2008 8:55 PM EADT
Pics of seriously energetic rally to keep public power assets in high risk climate
Mood:  energetic
Topic: nsw govt

 

 

 

 

 

 

 

 


Posted by editor at 8:45 AM EADT
Updated: Wednesday, 27 February 2008 5:32 PM EADT

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