Category: Politics

  • The media, those agencies and the Data Retention Act

    The media’s attention this past week turned to the 61 “fringe agencies” trying to get access to our metadata. Many have missed the point that when Parliament passed the Data Retention Act the Government heralded the fact that it had cut the list of those able to access our private and personal information to the bare minimum. Most of the agencies asking to be added to the list now are precisely the ones that Senator Brandis told us didn’t have sufficient justification, even though they’d historically had unfettered access.

    If any of these agencies, that include the RSPCA, local councils and racing authorities, really need any of this stored data they can go via the Federal Police, or their local police force. Provided that they are investigating a criminal offence and a genuine need can be established they should have no difficulty getting the assistance they require.

    The Data Retention Act is supposed to ensure that authorised agencies have proper internal controls over who can access the data and under what conditions. The selection of those agencies needs to include an ongoing assessment of their ability to create and maintain the necessary security systems.

    The risk for the Government is that if they allow any addition to the list they will generate another round of condemnation from the many civil society and technical groups that remain implacably opposed to data retention.

    The bigger issue with the data retention scheme remains the fact that it will require somewhere around $300/400M in establishment costs (according to industry estimates and PwC) and who knows how much in ongoing compliance for the hundreds of ISP’s involved. The Government has only allocated $128M in set-up funding and nothing in recurrent support. So we will inevitably all end up paying more for our Internet services, including and especially industry. We could even see smaller ISP’s shutting up shop, especially in regional areas where they provide personal service not available via the large telcos.

    Then there are the security risks. Telstra has warned of the danger of creating what are termed honey pots – that is, large collections of data which will be a great temptation to hackers around the world. The longer the retention period the more data that has to be held (we’ve gone for two years, whereas six to 12 months is where much of the world has settled). The more data stored the greater the risk of a security breach.

    Many things in life come down to balancing risks. Nowhere in the world has there been conclusive evidence provided that data retention helps in the fight against terrorism, which was the Government’s rationale for this law. There is evidence that data retention can help with general crime detection. So the two questions we must ask are these; is the reward worth the risk and are we happy for access to our metadata to be available without a warrant? Sadly, little or no time was given to analysing these questions before the law came into effect – especially in the public arena. It’s not too late to revisit the question. Internet Australia has asked the Government to bring forward a review by the Parliamentary Joint Committee on Intelligence and Security, scheduled for 2018.

    Internet Australia has also highlighted the confusion facing ISP’s as a result of what it told the PJCIS in 2014 was “fundamentally flawed” legislation clearly written by lawyers who don’t understand how the Internet works. The Act took effect from October last year. Telstra told the Attorney General’s Department that it needs more time to sort out its compliance systems and has been granted an eighteen months extension. Industry intelligence suggests that hundreds of other ISP’s are likewise still trying to work out what to do. If more follow Telstra and ask for extra time to comply it could conceivably turn out to be more than two years from the time the Bill was introduced into Parliament and the date at which the scheme is actually operable. So much for urgency.

    Law enforcement agencies had sought data retention powers for the better part of a decade or longer. However, successive AG’s from both sides put the issue in the too hard basket. Senator Brandis had no choice but to follow the instructions of Prime Minister Abbott who ignored complaints from civil society groups around privacy protection issues, and the evidence from security experts that they just won’t work as a weapon against tech-savvy terrorists.

    It remains to be seen if Prime Minister Turnbull will eventually instruct his first law officer to rethink things. When he was Communications Minister he gave the appearance that he understood the issues and wasn’t convinced.

    Oh, and did I mention that he went on television and told everyone how easy it is to find a way around the Data Retention Act anyway?

    Laurie Patton is CEO Internet Australia. 

  • Brad Chilcott. I donated a kidney to my son. Don’t tell me not to make it ‘political’.

    In early December, I went into surgery to give my eight-year-old son Harrison my left kidney. He heard me groaning in recovery as the anaesthetist put him to sleep a few hours later so that he could receive it. The operation was the first of my life and Harrison’s 13th. He’d experience his 14th general anaesthetic two weeks later when surgeons removed the vascular catheter that had been used to connect the dialysis machine into his heart three times a week for the five months leading up to the transplant.

    After a successful surgery, Harrison had a number of complications that meant an eight-day stay in the intensive care unit of the Women’s and Children’s Hospital in Adelaide, followed by another six days in the surgical ward. Daily blood tests, a Christmas Day virus that precipitated an extra five days of hospital hospitality, and then on Sunday, 3 January, our family enjoyed our first hospital-free day in well over a month.

    As is my wont, I covered the process extensively via my social media outlets, interspersed with the occasional comment on the social and political issues of the period – a Myefo update committed to balancing the budget on the backs of the poor here and abroad; welcoming refugees and asylum seekers; supporting my brilliant friend Wawira Njiru’s work in Kenya making sure kids don’t have to go to school on an empty stomach; protecting penalty rates from being cut by people wealthy enough not to be forced to rely on them.

    On Christmas Day, before the infection set in that evening, I took Harrison into hospital for an 8am blood test wearing the full Santa suit I’d donned to give our three children their presents early that morning. I figured if we had to be in hospital on such a day, we should at least make it memorable. We handed out candy canes to taxi drivers waiting at the rank outside, orderlies cleaning the halls and other families having a similar experience to our own. Driving home, I filled the car with petrol in full costume while commuters took photos and small children gawked in confusion. Harrison loved every moment.

    On Christmas Day, before the infection set in that evening, I took Harrison into hospital for an 8am blood test wearing the full Santa suit. That afternoon, resting after a hearty Christmas lunch with the in-laws, I posted on social media: “Trip to hospital – saw Drs, nurses, cleaners, servo staff, RAA and more helping folks enjoy Christmas. Of course they deserve penalty rates” to which one person responded, “Enough politics for the day”.

    It’s easy to understand the sentiment – why sully the joy of Christmas with “politics” when there’s backyard cricket to play and pudding to consume? But if you’re any kind of activist or political advocate, it’s a familiar response.

    Children spending their third Christmas in immigration prisons; Australian Aid set at the lowest level in Australia’s history; health and education budgets being slashed by billions of dollars; one in three Australian pensioners living below the poverty line; climate change; sexism; racism; recognition of Australia’s Indigenous people … the easiest way to avoid thinking too deeply about any issue that arises around the barbecue on the beach is to dismiss it as “politics”.

    This is nothing new – people have always employed the word “politics” in the work of absolving themselves of personal responsibility for addressing inequality, injustice and the exploitation of the earth and its people.

    For our family, however, there’s no amount of using the word “politics” that can distance us from the truth that government-funded healthcare has not only kept Harrison alive for eight-and-a-half years but has also enabled him to thrive despite a range of other physical challenges.

    He’s required a huge volume of medical supplies and medication that have been provided free of charge or heavily subsidised; publicly-funded in-school support services have allowed him to keep up with his peers educationally; 14 operations and more-than-regular appointments with physicians since birth would’ve attracted a financial cost I can’t even comprehend, entirely borne by the public purse.

    So, while it might be easy to dismiss $15bn of cuts to the annual health budget as “politics” when you read it as a headline in the paper, the reality is that those are dollars that may have been spent on a child like Harrison. Forcing people to pay for pap smears and other preventative procedures is either “politics” or it’s a change that will mean some people won’t have their illness diagnosed early or accurately enough with huge impact on them and their families.

    Similarly, cuts to the education budget and the cancellation of the Gonski funding model are either an ideological minefield to be avoided in polite conversation – or it’s $196m that won’t be spent in my electorate alone on making sure that every Australia child receives a quality education . It’s either “politics” or it’s some children missing out on the opportunity to achieve their full potential because of the economic circumstance of the family they were born into.

    For the nurses, service station staff, cleaners and other workers that helped millions of Australians, including Harrison and I, have a good Christmas, penalty rates can’t be dismissed as mere “politics”. They’re students, single parents, new Australians and more who rely on every dollar to make ends meet.

    Children in immigration prisons, women enduring the violence of men, pensioners below the poverty line, parents who can’t afford child care, Muslim Australians being vilified by politicians and abused in our streets, Aboriginal people being forced from their communities – while others treat their experiences as abstract, impersonal political concepts, these people have no such convenience. That which is derided as a topic that should not interrupt the Christmas cheer invades their lives without their consent.

    Harrison and I went back in to hospital last week for blood tests. He’s on a huge amount of anti-rejection medication. We’re in the hands of the best medical practitioners in the field, the nursing and other support staff at the hospital are wonderful and Harrison has all the social scaffolding he needs to thrive. But this situation didn’t happen by chance – throughout Australia’s history progressive people fought for this outcome, so successfully that it would be culturally unacceptable for us to be paying for this level of care. Australians naturally assume it’s what sick children deserve.

    We are living, and grateful, beneficiaries of those who valued other people enough to make politics personal.

    Brad Chilcott is the Founder of Welcome to Australia. This article was first published in The Guardian on 16 January 2016.

  • Anand Kulkarni, Travers McLeod. Battle of ideas on innovation.

    We’re now in a race to the top on innovation. Better late than never.

    Liberating ideas could reboot Australia’s economy, as we argued a year ago.

    Now it seems there are more ideas about how to generate ideas than ever before in Australian policymaking. Both the Liberal-National government (“Welcome to the Ideas Boom” and the National Innovation and Science Agenda) and Labor opposition (“Powering Innovation” and “Getting Australia Started”) have put down markers around innovation in the lead-up to this year’s federal election.

    The Coalition and Labor pronouncements have much in common:

    • growing awareness that our innovation future lies beyond national boundaries – for example, “launching” and “landing pads” linked to innovation hubs abroad, connecting the Aussie diaspora overseas, and new visas for entrepreneurs;
    • support for science, technology, engineering and mathematics (STEM) studies, which includes reducing gender disparities;
    • facilitating access to finance for start-ups and innovative enterprises through tax breaks and the like;
    • enhancing digital capabilities, which includes teaching kids to code;
    • fostering greater collaboration, especially between industry and research bodies;
    • new bodies to oversee innovation, science and technology: Innovate Australia (Labor) and Innovation and Science Australia (Coalition); and
    • action on government procurement.

    A common goal, but key policy differences

    Yet within this apparent new spirit of bipartisanship are some key differences. Some are subtle, others are not so. That is before one starts haggling over whose purse is bigger than the other’s.

    The Turnbull government’s package is pitched further down the value chain, notwithstanding measures to promote STEM studies. It presumes a core capability in the economy: the assumption is that what’s missing is the key to unlock and leverage this capability. Coalition policy includes, for example, reforming Australian Research Council linkage projects and connecting industry to innovation infrastructure.

    Labor seeks to build foundational capabilities from the ground up. It puts more emphasis on teaching computer coding in schools, preparing small to medium-sized enterprises to access government procurement, developing a national digital workforce plan and incentives for graduates to start businesses.

    Interestingly, in a political role reversal, the Coalition’s plan has more of a selective orientation by technology and institution. This is reflected in the Biomedical Translation Fund, the Cyber-security Growth Centre and the CSIRO Innovation Fund.

    Labor is more about generic capabilities across the board. This distinction, however, is not black and white.

    Labor emphasises the innovation ecosystems view of the world. It plans to create regional hubs, with university-based accelerators at the core of this approach, and a national entrepreneurship support network. It speaks of an Innovation Investment Partnership to bring together venture capital, superannuation funds and start-up stakeholders to promote new business.

    A distinguishing feature of the government’s package is its emphasis on an innovation culture. Reforming insolvency laws to reduce the stigma of failure is its centrepiece.

    Also noteworthy is a revised approach to measuring research impact. That includes engagement with industry metrics. This is in the spirit of breaking out of research silos.

    Both parties have a “challenges program”.

    The Coalition has nominated five national policy and service delivery challenges. Businesses are invited to submit proposals to address them, with winning ideas to receive grants. The most successful could be accelerated to prototype or proof of concept.

    Labor’s approach is more grassroots-oriented, like in the US. It proposes a portal for government agencies to propose challenges for the public to respond to.

    What more can be done?

    There is strength in diversity and much to commend in both plans. Yet more could be done in the following areas:

    • explicitly linking domestic challenges to corresponding global problems, thereby positioning Australia as a “solutions hub” and a leader in scaleable open-source projects and the internationalisation of ideas;
    • promoting community-driven innovation – greater intergovernmental co-ordination could scale up local solutions to local problems to a regional or national level where appropriate;
    • stronger emphasis on spreading knowledge through the economy, with university “impact” measurement expanded beyond excessive reliance on books and journals, or even commercialisation;
    • a “beyond STEM” approach to innovation, recognising the interdependencies of scientific research and non-research forms of innovation such as design and organisational systems, together with the social sciences’ pivotal role in driving prosperity within innovation ecosystems;
    • defining a stronger role for particular agents and locations – not least cities, women and girls – in the process and outcomes of innovation; and
    • a stronger ”lifecycle” view of innovation and entrepreneurship, going beyond the traditional emphasis on start-ups to include later growth stages in a seamless approach to innovation and wealth creation.

    We need a transforming, global vision

    Finally, to be credible, innovation policymaking must be located within a long-term vision of the structure of the Australian economy we should aspire to. It also demands honesty about the scale of the transformation required.

    So the glass is half-full and rising. There are international precedents more like pints than pots.

    China’s innovation hub, Chengdu, has partnered with European Union companies and organisations to share innovations among small and medium businesses and universities. The US has launched next-generation manufacturing hubs. Even one of the world’s oldest universities, Oxford, wants to be more agile in developing and translating ideas conceived in the dreaming spires.

    Ideas have started to travel the world over. Australia has barely reached base camp in the race to the top.

    Still, it’s encouraging to see Australian policy proposals breaking free of archaic and stifling debates about protectionism and picking winners. The world of ideas knows no boundaries.

    Anand Kulkarni is Senior Manager, Planning & Research, RMIT University. Travers McLeod is Honary Fellow in the School of Social and Political Sciences, University of Melbourne. This article first appeared in The Conversation on 18 January 2016.

  • Bob Debus to deliver Frank Walker Memorial Lecture.

    Invitation to attend Frank Walker Memorial Lecture.

    Join us as we celebrate the life times of  former NSW Attorney-General the Hon. Frank Walker QC, with guest speaker the Hon. Bob Debus AM. This event is free to attend. Post-lecture drinks will be held at Penny Lane (the bar above the lecture theatre).

    “Over-representation of Aboriginal people in prison: The need for some genuine decision-making”

    Frank Walker grew up among tribal people in New Guinea and from a young age stood up for the rights of Aboriginal people in Australia. On the one hand concern for justice for Aboriginal people drove many of his successful reforms to the criminal law. On the other hand his landmark Aboriginal Rights Act of 1983 reflected his desire to allow Aboriginal people to take more control over their own lives.

    To our consternation however, the rate of Indigenous imprisonment has actually been rising rapidly. Last year non-Indigenous Australians were imprisoned at the rate of 146 per 100,000 citizens. The rate for Indigenous Australians was 2,253 per 100,000 citizens. Yet many solutions for the crisis of imprisonment are also known.

    Former Attorney General of New South Wales, Bob Debus, believes that Walker’s approach to the affairs of Aboriginal people remains the correct one.

    He will discuss solutions to the crisis of over-representation of Aboriginal people in the prison system and the need for a renewed political movement to drive them.

    About Bob Debus

    NSW Attorney General (2000/2007), NSW Minister for Corrective Services(1995/2001), Commonwealth Minister for Home Affairs (2007/2009), Chair of the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs (2009/2010).

    EVENT DETAILS

    RSVP: By clicking here and then scrolling to bottom of page

    When: February 16, 2016 at 6pm – 8pm

    How much does it cost ? Technically nothing, but we do have to cover costs for venue hire and bar tab so please bring your $10, $20, $50 notes so we can collect your donation on the way in.

    Where: University of Technology Sydney, Building 11, Lecture Theatre 00.401

    Where is that ?: Just a short walk from Central Station, cnr Broadway and Wattle St, enter from Broadway – see map below

  • Robin Room and Michael Livingston. Alcohol companies target the 20% of Australians who drink 75% of the alcohol.

    Researchers have known for a long time that alcohol consumption is quite concentrated in a small part of the population. They argue about the exact distribution, but there is substantial agreement that, so long as alcohol sales are not heavily restricted, consumption is distributed in a quite predictable way. That is, there are many light and moderate consumers, along with a long tail of those drinking at heavier levels.

    In Australia, the top 20% of the drinking-age population in 2013 consumed around three-quarters of all the alcohol consumed. The top 5% consumed more than a third.

    The concentration of alcohol consumption among the heaviest drinkers has actually increased in recent years. The top 10% of consumers accounted for 49% of the consumption in 2001, and this had increased to 53% in 2013.

    The heaviest-drinking 20% of the population reported consuming a daily average equivalent to 43 grams of pure alcohol – a bit over four standard drinks. This is a substantial underestimate of their actual drinking.

    The total amount of drinking reported in such surveys is calculated to be about 55% of the alcohol sold in Australia, so their actual daily average is likely to be about 7.8 drinks. This is nearly four times the low-risk limit of two standard drinks per day recommended by the National Health and Medical Research Council.

    The dangers of alcohol

    If you drink enough alcohol, you get intoxicated, making you unfit for a lot of everyday activities. This includes, for instance, driving a car, most kinds of work or looking after children. Apart from these issues of injury and social functioning, alcohol also carries longer-term health risks.

    At an average of four drinks per day, the chances of dying of an alcohol-related cancer or other chronic disease are two in 100 for men and 2.5 in 100 for women. At 7.8 drinks a day, the chances are about five in 100 for men and eight in 100 for women.

    Adding in risks of dying from alcohol-related injuries more than doubles the risk for men, and increases the risk for women by more than 50%. Just considering the risks of health and injury harms, alcohol is by far the riskiest commodity that a majority of us regularly consume.

    The current guidelines “to reduce health risks from drinking alcohol” set upper limits calculated on lifetime death risks from drinking. These are around four times the rate National Road Safety Strategy aims for as an upper limit of lifetime rate of deaths from traffic collisions. They contrast, for instance, with the National Health and Medical Research Council (NHMRC) guidelines on water safety, which aim to keep the risk of death from contaminated drinking water below one in a million.

    Alcohol marketing

    Those in the business of selling alcohol have long known about the skewed distribution of alcohol consumption in the population. In meetings among people in the industry, those at the top end of the distribution are called the “super consumers“, and they are vital to maintaining or increasing sales.

    If all the “super consumers” reduced their drinking to the two-drinks-a-day average recommended by the NHMRC as an upper limit, it has been calculated, based on self-reported consumption, that alcohol sales would fall by 39%.

    In its public face, the alcohol industry takes the line that it is only seeking to protect and promote “responsible drinking”: how to “drink properly”, minimising risks of harm.

    But, in its internal discussions of the need for retailers to “identify and target super consumers”, the industry is acknowledging a large part of its sales are to drinkers who are taking substantial risks with their own lives and the lives of those around them. If all drinkers in Australia were to drink within the government guidelines for low-risk drinking, the alcohol market would shrink substantially.

    If governments want to reduce alcohol-related harms, they can’t rely on the industry’s commitment to responsible drinking. It’s directly against the industry’s interests for the heaviest drinkers (who make up the majority of their sales) to drink less.

    Given this inherent conflict, policymakers should focus on well-evaluated policies such as reduced late-night trading hours for pubs and nightclubs and smarter taxation of alcoholic products. Most importantly, governments should be sceptical of working in partnership with an industry whose interests are diametrically opposed to public health.


    Robin Room is Professor and Director, Centre for Alcohol Policy Research, Latrobe University.  Michael Livingston is Post-Doctoral Research Fellow at the Centre for Alcohol Policy Research, Latrobe University. This article was first published in The Conversation on January 20,2016.

  • What do we owe each other?

    In this opinion piece from the New York Times, Aaron James Wendland draws on work by Emmanuel Levinas in response to the surge of refugees around the world and particularly into Europe. Levinas describes the allergic reaction to refugees. In response he suggests three things. First, an appeal to the ‘infinity’ in human beings, that other people are always more than our categories can capture.  Second, faces confront us directly and immediately. Thirdly, hospitality involves curtailing our enjoyment of the world when confronted with another’s wants.

    See link to article below:

    http://mobile.nytimes.com/blogs/opinionator/2016/01/18/what-do-we-owe-each-other/

  • Steve Georgakis. The unholy trinity of sports advertising in Australia – betting agencies, junk food and alcohol.

    Why we shouldn’t be surprised that tennis is implicated in match-fixing.

    The first day of the Australian Open was marred by revelations alleging widespread match-fixing and cover-ups in men’s tennis stretching back more than a decade. World number one Novak Djokovic confirmed he was approached with a reported offer of US$200,000 in 2006 to throw a match.

    Hyper-commercialised sport in the 21st century has resulted in a number of benefits for athletes and spectators. Athletes are able to make significant amounts of money; spectators can enjoy excitement of the highest order without having to leave their lounge rooms. But it is naïve to think that all changes have been beneficial.

    In recent decades doping has consistently been the most-visible negative consequence of commercialised sport. So much pressure is now exerted on athletes that they are tempted, for whatever reason, to take performance-enhancing substances.

    While the Australian public demands a level playing field, Australian athletes and sports have been caught up in doping. For the most part, though, Australian sports are heavily regulated and proactive in addressing doping. But the same cannot be said about gambling.

    Gambling and sport are entwined

    Online and live sports betting has become much more prevalent in recent years.

    All major sports in Australia now have some kind of a relationship with sports betting agencies. Online bookmaker William Hill is the “official betting partner” of the Australian Open and – in a first for a Grand Slam tournament – it has been allowed to advertise inside stadiums.

    For television and pay-per-view providers, sports betting agencies provide significant advertising dollars. Betting agencies, alongside junk food and alcohol, form an unholy trinity of sports advertising in Australia.

    Gambling, particularly on poker machines, can be destructive. So too has sports betting been responsible for creating a new breed of problem gamblers. Sports gambling is accepted as a rite of passage for many Australian males.

    However, sporting authorities are cautious about upsetting their sponsors. Tennis officials largely dismissed the revelations of match-fixing as old news.

    Why tennis?

    Tennis is a sport very suitable for corruption in this hyper-commercialised era. Here’s why we shouldn’t surprised that match-fixers have targeted the sport:

    1. Tennis is a one-on-one sport. If you wanted to manipulate an outcome, you would avoid team sports such as rugby league or netball. Too much can go wrong. Individual sports are different; corruption is easier to organise.
    2. It is very difficult to prove a tennis match has been fixed: a player withdraws in the second set “injured”; a player double-faults on crucial points; a player makes a number of unforced errors.
    3. Tennis players are taught and coached from an early age that they are professional and that they have only a limited time in the game. Money is a considerable concern for players and a great motivator. Those outside the top-ranked players would make more money by match-fixing than by playing on the tour.
    4. Betting markets on tennis matches provide gamblers with an opportunity to wager on a host of “exotic” markets, not just head-to-head betting. This includes markets such as whether there will be a tiebreak set, who will win the next game, or the total number of games played.
    5. It would seem that the authorities are keen not to address the issue. Sporting bodies, for publicity issues, are always keen to deny – just look at the recent FIFA scandal and allegations of widespread doping in Russian athletics.
    6. The lifestyle of professional tennis athletes brings with it lots of down time and boring periods in hotel rooms in foreign countries.
    7. In the commercialised world of tennis, sport has a different meaning. Kids are told about sport’s educational benefits, but they notice in the real world that it is really about making money.
    8. Finally, and perhaps most importantly, sport is a commodity. People’s involvement largely revolves around financial remuneration.

    Steve Georgakis is senior Lecturer of Pedagogy and Sports Studies, University of Sydney.  This article was first published by The Conversation on January 19, 2016.

  • John Menadue. Media censorship and the NBN

    The ABC’s outgoing editor of its Technology and Games subsite, Nick Ross, has claimed that he has been ‘gagged’ by ABC management from publishing further articles about the NBN. He has now left the ABC.

    For link to an article on this latest gag on NBN coverage, see link at bottom to article by Renai LeMay of 14 January, in delimiter.com.

    There is a continuing pattern of failure by the mainstream media to expose the mess that Malcolm Turnbull has left us in the NBN. It has been almost entirely social media, including this blog, that has carried stories about Malcolm Turnbull’s failure in his administration of the NBN.

    There has been an unfortunate habit of successive governments blaming a previous government for its failures on the NBN. But Malcolm Turnbull cannot avoid his responsibility for his decision on the multi-technology mix (MTM) model which incorporates Telstra’s copper network and also for his failure to continue with fibre to the home/premises. The MTM and FTTN are his and only his to own.  The ALP got one important thing right – and that was the importance of rolling out fibre to the end-user.

    In September 2010 Abbott ordered Turnbull to ‘demolish the NBN’. Malcolm Turnbull seems to be doing his best to do just that..

    The same media failure to research and analyse what has been happening on the NBN has been apparent on many other issues. In particular there was a failure to report and analyse government spin on boat arrivals. The ABC, and Radio National in Canberra was one of the west offenders.

    We now know that boat arrivals had been reduced from 48 in July 2013 to 5 in October 2013 when Tony Abbott’s Operation Sovereign Borders came into effect.

    Just as with boats, the media, including the ABC, has failed to properly research and analyse where the NBN is now headed.

    The NBN failure is a major set-back. That is a major story in itself. But the failure of the media to professionally report on the issue is also a major story in itself. A compliant media pulled out all the stops concerning  pink batts and the school building program under the Labor Governments. But the problems with those programs were minor compared with the NBN mess which is now upon us.   The media prefers to turn a blind eye to what is happening with our most important infrastructure project.

    https://delimiter.com.au/2016/01/14/journo-claims-abc-gagged-his-nbn-coverage/

  • How ‘Crazy’ are the North Koreans?

    Joel S. Wit writes about how the North Koreans have played their cards extremely well despite the appalling nature of their regime.  See link to an article in the New York Times, by Joel S. Wit, who is a Senior Fellow of the US-Korea Institute at John Hopkins University.

    http://www.nytimes.com/2016/01/10/opinion/sunday/how-crazy-are-the-north-koreans.html

  • Allan Patience. Can We Continue to Afford Australia’s Federal System?

    Australians are facing a gruelling 2016. A growing revenue crisis is placing severe constraints on the budget, meaning the government will probably be contemplating cuts in services and other “soft target” areas like pensions, child care subsidies and related welfare measures. The neo-liberal vandalizing of the country’s manufacturing sector, and the short-termism that is now a fixed feature of economic policy-making in Australia, mean that employment prospects are bleak, especially for school leavers and recent graduates. The consequences of climate change are becoming more apparent by the day as the country struggles through a summer of heat waves, droughts, floods, and bushfires. The cost of the country’s military involvements in the Middle East is mounting at a high rate. Maintaining the Manus Island and Nauru asylum seeker gulags is costing Australian taxpayers billions. China is no longer the cash cow it was during the squandered resources boom. Globally, the major capitalist economies continue to stagnate while burdened by debt levels greater than those preceding the 2008 global financial crisis. Meanwhile, since 2012 the Lowy Poll has been charting a growing dissatisfaction among voters with the country’s politicians and political institutions. This trend is particularly noticeable among 18-29 year-olds. The most recent Lowy Poll found that 37 percent of that age group believes that a non-democratic government could be preferable to the one we have at present.

    All of these factors point to the need for a radical reappraisal of the country’s system of governance. A close, hard look at the Australian federal system should be at the top of that agenda. The forthcoming white paper on federalism is meant to come up with ideas for the “Reform of the Federation, and the responsibilities of different governments, [and to] clarify roles and responsibilities to ensure that, as far as possible, the States and Territories are sovereign in their own sphere.” This is a narrowly ideological approach to the extremely serious problems now besetting our ramshackle federation.

    It is now more obvious than ever before that the nineteenth century compromises that resulted in the present federal arrangements are profoundly unsuited to the political challenges of the twenty-first century. What we have are separate representative governments in six states, two territories, and at the federal level. This is in addition to various forms of local government within the states. Critics of this absurd version of over-government have pointed to the expensive duplications, bureaucratic mazes, regulatory jungles, blame gaming, and inefficiencies these arrangements routinely foist on the people of Australia.

    We can add to this inglorious list the rank incompetence of state governments, vividly on display when the Napthine government in Victoria signed a doomed contract to build an East-West link road system which has cost Victorian voters over a billion dollars, despite the project being abandoned. In addition state governments have the ugly reputation of being the most corrupt forms of government in Australia. If memories of the shenanigans of the Burke government in Western Australia or the Bjelke-Petersen government in Queensland are fading, consider the lurid revelations in 2015 about the antics of certain senior Education Department bureaucrats in Victoria.

    The main defence of state governments has always been couched in terms of the democratic principle of subsidiarity. Put simply, this principal asserts that the best forms of government are those closest to the people. What the application of this principle fails to acknowledge is that no matter how “close” government is to the people, if the people are shut out of the policy decision making that affects their lives, if they are inadequately consulted (or even hoodwinked) during policy making (for example, on grounds of “commercial in confidence”), if they are denied avenues for genuine participation in the making of those decisions, then it is simply a political fiction – a big fat governance lie.

    What we have to wake up to is the fact that representative government is not democratic government. At the beginning of the twentieth century the German political sociologist Robert Michels identified what he called the “iron law of oligarchy.” This notes that all emerging social democratic political parties and states contained within them the seeds of oligarchy – structures that would allow powerful minority groups to seize control of their organisations and ensure that their preferred candidates would keep that control intact for generations. The forms of representative government that developed throughout the twentieth century illustrate the veracity of Michels’ “iron law.” They are all governed by oligarchical, self-perpetuating elites. Their mainstream political parties also reflect exactly the same characteristics. Paramount among them is the determination to lock popular participation out of government decision-making. The oligarchs in the mainstream parties, in and out of government, and their bureaucrat, media, and business allies are impervious to the needs and opinions of ordinary citizens. In Australia this is especially evident at the levels of state governments.

    Australia can no longer afford its tumbledown nineteenth century federal system of governance. Its myriad politicians, public servants and political parties are ridiculously expensive; they uniformly fail to deliver the essential public services needed by the mass of people excluded from the oligarchical minority for whom the system works to the disadvantage of all the rest.

    So what is to be done?

    We need to revive some of the regional thinking of the Whitlam years. Abolishing state governments has to be high on the constitutional reform agenda. Also high on the agenda should be their replacement with geographically and economically rational regional provincial assemblies. That these would be directly answerable to a more accountable central government should be also high on the agenda and vice versa – for example, by making the senior elected chairpersons from the regional assemblies members of a reformed Senate.

    This must go hand in hand with a creative civics education program in schools and the wider community, to give people access to information and to develop structures that will enable them to participate effectively in making the policy decisions that affect their lives. The oligarchs will dismiss this as “populism” because the thing they fear most is losing their iron grip on the power levers in the Alice-in-Wonderland maze that is the Australian federal system.

    The time is here to talk about getting rid of state governments and reviving the ideals of democracy in Australia’s stalled constitutional dreaming.

     

    Allan Patience is a political scientist in the Asia Institute, University of Melbourne

     

  • The policy scandal of a $11b taxpayer subsidy to private health insurance.

    I don’t think that I can recall a domestic policy that is so outrageous as the $11 b. annual cost to the taxpayer of the subsidy to private health insurance (PHI) companies. The subsidy is paid to policy holders, but it really means that PHI companies receive the benefit of the subsidy. For further explanation of the $11b figure see link to submission below. Repost from 08/12/2013

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  • John Duggan. Advice from expert clinicians or the AMA

    For those interested in the cost of health care the recently released interim report by the Medical Benefits Schedule (MBS) Review “obsolete MBS items track one” demonstrates the dawning recognition that there are procedures and tests that do not justify their existence or federal funding.

    The story begins with the decision of Ms Sussan Ley, Minister for Health to form the Medical Benefits Schedule Review taskforce, with a mandate to review the schedule in its entirety. The Task Force is ‘an expert clinician led Medicare Benefit Schedule (MBS) review … established to lead an accelerated program of MBS reviews to align MBS funding services with contemporary clinical evidence and improve health outcomes for patients’.

    The taskforce, chaired by Professor Bruce Robinson, Dean of the Sydney University Medical School, is an expert clinician-led group whose main duty is to align MBS funded services with contemporary clinical evidence and improve outcomes.

    One role of the taskforce of 13 members is to appoint chairs and members of working groups to progress the work using evidence based reviews and data and assessment of literature. Priority areas will include safety, clinically unnecessary service provision and accepted clinical guidelines. It also has the power to recommend adding new services to the MBS.

    Of the host of clinical committees created several have already reported on obsolete items – an interesting group. The strictures about kidney x-rays (MBS item number 58705) illustrate the problem and variety of obsolete and useless procedures recommended for abolition. The gastroenterology group reviewed the practice of treating gastric bleeding by infusing refrigerant fluid into the stomach, discarded soon after its initiation about 60 years ago and which was only used eight times in the last 11 years.

    It is evident to any medical scientist that the review is overdue and can only benefit both patients and the budget.

    Whether the AMA feels happy about the review will be reflected in its attitude to the recommendations of the Task Force.

    John Duggan is Conjoint Professor, School of Medicine and Public Health, University of Newcastle.

  • Dennis Hemphill. Essendon Football Club

    Their club failed them, but Essendon players can’t excape blame for doping ban.

    Fingers are pointing again at the Essendon Football Club for its failures in the long-running supplements fiasco. This follows the Court of Arbitration for Sport’s (CAS) decision to ban 34 past and present players for one year for contravening the World Anti-Doping Code.

    A club’s coaches and other officials are supposed to have a duty of care to ensure a safe working environment and practices that are compliant with the anti-doping code. But the club’s failings in this area have already been dealt with. The AFL penalised Essendon heavily in 2013 for health and safety shortcomings that were judged to bring the game into disrepute.

    But what of the players’ liability?

    What does the code say?

    One might be forgiven for thinking that the players were unwitting victims in this saga. They claim to have questioned the supplements regime and believed they were administered thymosin and not the banned thymosin beta-4.

    The 2009 World Anti-Doping Code’s principle of strict liability makes athletes ultimately responsible for what goes into their bodies. It states:

    It is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for any prohibited substance or its metabolites or markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the athlete’s part be demonstrated in order to establish an anti-doping violation …

    Whether the athletes believed they were receiving thymosin when they were actually receiving the banned thymosin beta-4 is not the question. The mere presence of banned doping agents in the athlete’s system is sufficient for the World Anti-Doping Agency to deem it an infraction.

    The code also makes it clear that in exceptional circumstances (for example, proven unintentional doping) the sanction for the rule violation may be reduced or eliminated, but the infraction stands.

    Some might think the principle of strict liability is too harsh. But the players unfortunately may be barking up the wrong tree if they think they are innocent victims.

    Players implicated

    The CAS decision disclosed material that further implicated the Essendon players. Despite having undergone anti-doping education programs, the players agreed to injections they knew little about, made no enquiries about them, kept the injections from the team doctor and failed to declare them during routine Australian Sports Anti-Doping Agency (ASADA) testing sessions.

    Following the decision, ASADA CEO Ben McDevitt said:

    At best, the players did not ask the questions, or the people, they should have. At worst, they were complicit in a culture of secrecy and concealment.

    On this account, it is one thing for players to have trusted team officials and unwittingly taken a banned substance, but quite another not to have consulted the team doctor or disclosed the supplement use to ASADA. Taking this evidence into account, CAS would appear to have no reason to reduce or eliminate sanctions for the anti-doping rule violation.

    One of the take-away messages from the latest stage in the supplements saga is that players will need to be more confident and courageous to challenge the conditions under which they are expected to perform. This could involve collective agreements on the full disclosure of benefits and risks prior to the introduction of cutting-edge performance-enhancement measures and methods.

    At the same time, the bar will need to be raised about duty of care and informed consent. Clubs contemplating the implementation of innovative performance-enhancement methods will need to be especially diligent in understanding their performance, health and integrity implications and ensuring that athletes are made fully aware of them.

    Team officials and high-performance managers might also need to be aware of the power differential between them and players. This can sometimes compromise a player’s ability to question – let alone say no to – what might be considered dubious performance-enhancement regimes.

    All this needs to come in a sport culture where there are high expectations, as well as financial and social pressures and rewards, for playing well and winning.

    Dennis Hemphill is Associate Professor of Sports Ethics, Victoria University. This article was first published in The Conversation on 13 January 2103.

  • Jennifer Doggett, Ian McAuley, John Menadue. Four Corners: No wonder we’re wasting money in health care – we got the incentives wrong

    Repost from 06/10/2015.

    A recently-aired ABC Four Corners program aptly titled “Wasted” exposed three areas of unnecessary, ineffective and outright dangerous health interventions, in knee, spinal and heart surgery.

    The show’s host, Norman Swan, presumably extrapolating from the findings in those three areas, claimed that waste could be as high as 30 percent of all health care expenditure.

    Perhaps that’s an overstatement, but the point made by Swan and by most of the ten other clinical experts who appeared on the program is that we just don’t know how much waste there is in health care because we lack the processes for evaluating the effectiveness of various interventions.

    We know what we pay for a knee replacement or a cardiac stent, but we do not systematically evaluate the outcomes of these procedures.

    Identifying and reducing or eliminating funding for low value services would save our health system billions every year.

    However, this would only address one area of waste and inefficiency within our health system. A less obvious but potentially more significant source of waste lies in the way in which health care is funded in Australia, in particular via fee-for-service payment mechanisms and private health insurance.

    These funding processes are driving unsustainable growth in health services consumption without meeting the needs of the community for efficient, preventative and coordinated care.

    Unless Australia’s health funding system is fundamentally reformed to discourage inefficient and provider-driven health expenditure, efforts to increase the efficiency and targeting of Medicare expenditure will be dwarfed by the growing waste associated with our current funding systems.

    The big picture

    Every year we spend around $160 billion on health care – two thirds through our taxes, and one third through private sources.

    At a macro level we can claim we spend that money well. At around ten per cent of GDP it’s in line with expenditure in similar countries, and by gross indicators such as infant mortality and life expectancy we’re among the high achievers.

    But within our health care arrangements – a complex mix of private and public funding and provision – there are areas of poor outcomes, such as indigenous health, youth suicide, and obesity, and there is evidence of resource misallocation, such as long waiting times for elective surgery in public hospitals while there are government subsidies encouraging queue-jumping for those with lesser needs to use private hospitals.

    The role of data

    It’s not that we fail to collect data in many areas of health care, but as Adam Elshaug, Associate Professor of Health Care Policy at Sydney University points out, all the data is kept in separate silos – some relating to the Pharmaceutical Benefits Scheme, some relating to the Medical Benefits Scheme (MBS), and some in state public hospitals just to name three of the non-interlinked sources.

    While we lack a systematic method of data analysis and feedback (which was one of the original purposes of Medicare), there are a some studies of cost effectiveness in specific areas of health care, upon which the experts were able to draw. In these three areas of health care, that make up a large proportion of surgical admissions in private hospitals, all the experts were able to identify evidence of ineffective treatment and over-servicing and where resources could be put to better use. As an example Swan pointed out:

    At least half of all back scans and X rays are of no value, and to put that into perspective, that’s at least half a billion dollars over ten years. Now that would buy you a regionally delivered national suicide prevention program that would save 1000 lives a year.

    The experts offered a number of explanations for this waste. One strong message was that the vast majority of the 5700 items on the MBS schedule had never been subject to any rigorous cost-effectiveness evaluation. As Elshaug reminded us, the MBS schedule dates back to the 1960s (when it had only 300 items), when the idea of “evidence based policy” as a standard was still some decades off. It has been easy for advocates, mainly in the medical profession, to add new items to the schedule, but it is very hard to have any removed. Professor Rachelle Buchbinder, Director of the Department of Clinical Epidemiology at Monash University, recounted the great difficulty she had experienced in having just one item removed from the MBS. She was confronted by well-funded corporate interests, and was subject to ad hominem vilification. (We wish Minister Ley the best of luck in her taking on the MBS schedule.)

    Drivers of growth

    Many referred to the availability of imaging technology, referring, for example, to the fact that GPs can now order knee MRIs without going through a specialist. Often discussions about technology in health care degenerate into a romantic and unrealistic call for the clock of technological advancement to be turned back. But Paul Glasziou, Director of the Centre for Research and Evidence Based Practice at Bond University pointed out that imaging and other diagnostic technology is here to stay and is becoming more widely available (have you noticed that “health” app on your smartphone?). As the Productivity Commission pointed out in its 2005 report on medical technology, IT-based technologies in most industries have reduced unit costs, and there is no reason why it should not do so in health care if used properly.

    The problem that Glasziou and others pointed out is that diagnostic technology has given us much more capacity to detect what is “abnormal” or supposedly “wrong” in our bodies. We misinterpret the normal changes associated with ageing, and, as a result otherwise healthy people are turned into “patients”. Our expectations and anxieties as consumers have interacted with GPs’ fear of missing a diagnosis and desire to do something tangible, in the form of delivering a “product” to the patient, leading to a detected abnormality and on to surgery, with all the attendant costs and the possibility of infection and other iatrogenic risks. (A similar motivation to provide some tangible product has been found to be a driver of pharmaceutical over-prescribing.) Doctors are generally dedicated professionals motivated by a strong desire to “do something” for those who turn up in their surgeries.

    But as Robyn Ward, Chair of the Medical Services Advisory Committee said, “often the best medicine is no medicine at all, often the best intervention is no intervention at all”.

    She said that if GPs could explain how certain procedures are ineffective, patients may make better decisions. And if GPs or other health professionals could help people understand that adopting a healthy lifestyle may be more effective (and certainly less costly) than going down the diagnosis-surgery path, there would be better outcomes all around.

    The problem with our current funding system

    But that’s not where the incentives lie in a fee-for-service system. Swan summarised the problem when he said “the way we pay for health services in Australia does not encourage good practice”. We pay for throughput, not for outcomes.

    One perverse consequence of these incentives for over-servicing is that early intervention at the primary care level, which is supposed to result in better health outcomes and financial savings, can actually worsen outcomes and cost money when the incentives are wrong.

    Cardiologists Richard Harper (of Monash University) and Andrew Macisaac (of St Vincent’s Hospital) noted that there was excessive use of angiograms (Harper suggested that up to 43 percent of invasive angiograms were unnecessary), and that these were most likely to occur in private hospitals. There is a confirmation of published findings by Monash University researchers that observed “startling variation” in the use of well-known procedures in Victorian hospitals. They found “in the 14 days following a heart attack, men and women admitted to a private hospital were 2.20 and 2.27 times more likely to receive angiography than their counter-parts in public hospitals”. They were 3.43 and 3.86 times more likely, respectively, “‘to undergo revascularisation” (coronary by-pass surgery, angioplasty and stent).

    That study was published in 2000, around the same time the Commonwealth was strengthening subsidies for private health insurance, in a set of arrangements that de facto linked funding of private hospitals to private insurance. At no time has the Commonwealth evaluated that policy, but independent research suggests that while it has injected a large amount of new money into private hospitals, and into the incomes of medical specialists, it has done nothing to achieve its avowed objective of “taking pressure off public hospitals”, because where the funds have gone, so too have the specialists. If anything the subsidies have sucked resources out of public hospitals and have put pressure on public hospitals to try to match the incomes specialist can enjoy when they work in private hospitals.

    If people who present to private hospitals get more treatment than those with similar conditions who present to public hospitals, then there is certainly some resource misallocation. Either public patients are being under-serviced, or private patients are being over-serviced. The Four Corners program strongly suggests the latter.

    The funding honeypot – private health insurance

    While there were frequent reference to the problems of fee-for-service medicine, the program only touched on the interaction of private health insurance and fee-for-service remuneration, which is where the root of the problem lies. Private health insurance is a major driver of resource misallocation and waste. But since 1997 the Commonwealth has had a policy of supporting private insurance, almost as an end in its own right.

    It is notable that not since 1969 – when the Nimmo Report paved the way for universal public health insurance – have governments subjected private health insurance to policy scrutiny. The principle of evidence-based medicine, and the general bipartisan disdain for industry subsidies, do not seem to apply to private health insurance.

    Although unquestioned support for private health insurance is normally associated with Coalition governments (“Private health insurance is in our DNA was Prime Minister Abbott’s justification), it has become bipartisan. When the Rudd Government set up the National Health and Hospitals Reform Commission it specifically ruled out any scrutiny of private health insurance. The Gillard Government strengthened the Medicare Levy Surcharge penalties for those higher income people without private insurance, and removed the 20 per cent tax offset for those who incur expenses not covered by private health insurance. Only the Greens seem to be committed to the original principles of Medicare as a single national insurer.

    Thanks to the Medicare Levy Surcharge, people on higher incomes (individuals with an income above $90 000 and families with an income above $180 000) are virtually conscripted into private insurance. Quite apart from the problem of promoting a two-tier health system, with the public system reduced to a residual “charity” system, the surcharge has strong incentives for people to use private insurance, and for opting out of sharing his or her health expenses with other Australians. Someone with an income of $150 000 can either buy top hospital cover for around $1300 or pay an extra $2250 in taxes, for example.

    The subsidy to private health insurance comes to more than $8 billion a year according to Commonwealth Budget papers, and is growing strongly. That figure does not include the effect of the Surcharge, which, if it is re-framed as a subsidy for having private insurance (rather than as a penalty for not having it), results in revenue forgone of around $3 billion a year, or a total subsidy of around 11 billion dollars a year. As Jeff Richardson of Monash University once said, not even in the days of high support of manufacturing were the rich actually provided with a taxpayer-funded Holden with change left over.

    With governments ready to provide such permissive access to public money to support private insurance, it is hardly surprising that private health insurance premiums have risen so strongly. Since 2000, while general prices (as measured by the CPI) have risen by 54 per cent, private health insurance premiums have risen by 133 percent – a 50 per cent real increase. As a source of ever-growing funds private insurance has been a honeypot for private hospitals and those who work in them (as well as directing public money that taxpayers may have believed were for health expenditure, to flybuy cards and Coles gift vouchers).

    So long as we have a highly-subsidised private health insurance industry, fee-for-service medicine, and a private hospital system with its own privileged source of funding, these problems will remain. In time we could head to the US system, where private health insurance has resulted in health costs approaching 20 per cent of GDP, and with only mediocre outcomes by the standards of most prosperous countries. (“Obamacare” will solve some coverage problems, but it will not solve the cost problem.)

    The real cost of private health insurance

    There are several independent analyses of the costs of private health insurance – Jeff Richardson’s “Private Health Insurance and the PBS: How effective has recent government policy been?”, an analysis by Don Hindle and Ian McAuley “The effects of increased private health insurance: a review of the evidence”, a Centre for Policy Development paper“Private health insurance: High in cost, and low in equity”, an article for The Conversation by Terence Cheung of the University of Adelaide “Why it’s time to remove private health insurance rebates”, and a chapter in the recently-published book Governomics: can we afford small government?

    A common theme of these works is that measures such as private health insurance, designed to shift costs off-budget, generally result in the public paying more for the same or worse services, with far less accountability or equity, and with much higher administrative costs as slimmed down public agencies (such as Medicare) are replaced by corporate bureaucracies duplicating competitors’ corporate bureaucracies.

    In fact, in the USA, reliance on private health insurance, far from saving public money, has resulted in a blowout in public expenditure. Because health costs are set in an undisciplined market between powerful service providers and comparatively weak health insurers, even the publicly-funded programs (Medicare and Medicaid) are now costing more than the comprehensive single insurer models in place in Canada, the UK and the Scandinavian countries.

    Outcomes, not volume

    In the Four Corners program Robyn Ward called for a system that pays for value and outcomes rather than activity or volume. It’s a view shared by many others.

    It is hard to see how such a system based on outcomes rather than outputs could be developed through any monetary incentive system. One basic problem is that in very few cases is it possible to link any specific health interventions unambiguously to outcomes. There are too many other variables leading to people’s health outcomes, and there is often a very large time lag between interventions and outcomes. When it comes to non-interventions (e,g, the decision not to have a knee reconstruction) the measurement and time lags are even more problematic.

    It is even harder to see how any private insurance-based system can deliver satisfactory consumer outcomes or any significant degree of cost control. The economics textbooks claim that businesses seek profit, while the business textbooks, based on empirical studies of organizational behaviour, see growth and expansion as the prime objective of firms (with profit as a constraint to be satisfied). That growth objective would surely dominate in any scheme relying on financial incentives, leading to over-servicing. The Four Corners program is an excellent exposition of the way private sector incentives lead to such poor outcomes. If costs rise because of over-servicing, the insurers can simply jack up their premiums.

    The benefit of a single public insurer is that Commonwealth Treasurers will always sustain pressure to keep expenditure in control and to achieve value for money. It’s easier for insurers to raise premiums than for governments to raise taxes.

    Public insurance, private and public delivery

    That is not to say the private sector should not be involved. It is simply to point out that private insurance should have no role in funding health care.

    There is clearly a role for personal out-of-pocket (i.e. uninsured) contributions to health care. In fact, such contributions are a feature even of the most generous single insurer models as operate in the Scandinavian countries, and, in a wealthy country such as Australia they should clearly pay their part. When Medicare was first designed we were much less prosperous, but now, on average, households now have around $300 000 in financial assets, a figure that has grown, in real terms, more than 60 per cent this century.

    While we all need to be covered for high health care expenses, we don’t need the “first dollar cover” provided by so many private insurers – the cover that drives us to over-use of health services. Both public and public insurance comes with the same incentive for over-use (“moral hazard” in the quaint language of economics) – there is no difference in the notion “Medicare will pay for it” and “BUPA/Medibank Private/HCF will pay for it”, but, as pointed out above, Medicare comes with the discipline and accountability of public finance, and it is easy for governments to build in compulsory out-of-pocket contributions to lessen moral hazard.

    Out-of-pocket payments provide some price signals to consumers, and they can be designed in such a way that most people who make light use of health services in any one year can be independent of any public funding support, so that public funding can be directed to serious acute and chronic conditions. We already spend around $27 billion a year in out-of-pocket contributions, but, as Jennifer Doggett points out, their incidence is haphazard, and do not adhere to good insurance principles: some health care programs are free at the point of service, while for some others the patient is left bearing open-ended risk. Ham-fisted ideas to bring in open-ended MBS co-payments, as proposed by the Abbott Government, understandably meet with community resistance.

    In the delivery of services the private sector has always played a central role, and will go on doing so. Alarmists often interpret any criticism of private health insurance as an attack on the “private system”, but that’s bunkum. There is no reason why private hospitals cannot be involved in delivering publicly-funded services.

    That model is already operating in Australia through the Department of Veterans’ Affairs, which acts as a single insurer for war veterans, while purchasing most services, including hospitalisation, from the private sector. At a state level there have been initiatives to break this dependence. Victoria, under the leadership of Premier Jeff Kennett first made the offer to private hospitals in the 1990s and the Tasmanian Government has recently offered $25 million of elective surgery cases to private providers. There’s nothing radical about such measures – in fact they are in line with national competition policy that calls for competitive neutrality between private and public sector providers.

    Future dangers – Medicare Select

    The Four Corners program has been a useful reminder of the problems we face in health care, particularly (but not only) the perverse outcomes when private insurance, fee-for-service payment, and a private hospital system separated from public hospitals interact. No doubt private insurers, who will be well aware of these perverse outcomes, will be presenting to government schemes which they claim will solve these problems. For example, arising out of the Health and Hospital Reform Commission’s work, the insurers put forward an idea called Medicare Select, which made great claims about consumer choice and cost control, but which was simply a way of churning even more public funds through health insurers, adding private sector administrative costs to public sector administrative costs, without demonstrating any value-added, other than offering consumers some “choice” of care plans – as if people are in a position to know their future health care needs.

    We could well see the private insurers offer Medicare Select, or some similar proposal, as a “solution” to our problems. Even if such schemes are put forward in good faith, we should heed the lessons from the USA, however, where private health insurers have been quite unable to contain health costs – or perhaps unwilling.

    There are too many parties – medical specialists, private hospital companies, appliance manufacturers, pharmaceutical firms – who would see cost containment as quite inimical to their interests. And there is the whole investment community – superannuation funds, banks stockbrokers, financial advisors – looking for a new growth industry, as profits in traditional industries such as airlines, newspapers and retailing are squeezed.

    Only a strong government can protect us from the economic and health costs of health care becoming a growth industry.

    Jenniffer Doggett is a consultant in the health sector. Ian McAuley is a Adjunct Lecturer, Canberra University. John Menadue chaired Health Enquiries in NSW and SA and was involved with Gough Whitlam in the creation of Medicare.  All three are Fellows of the Centre for Policy Development. 

    ********

    John Menadue posted three articles on health reform as part of the Policy Series ‘Fairness, Opportunity and Security’ which he edited with Michael Keating. Links to those three articles follow.

    Health Policy Reform: Part 1 – Why reform is needed.

    Health Policy Reform Part 2 – Why reform is difficult.Health ministers are in office but not in power.

    Health Policy Reform: Part 3 – Principles for reform.

  • John Menadue. Preferential trade deals – gigantic foundation stones or pebbles?

    Malcolm Turnbull has described the TPP as a ‘gigantic foundation stone’ that will deliver ‘more jobs, absolutely’.

    The World Bank now tells us that the TPP will be more like a pebble than a foundation stone.  See following article by Peter Martin in SMH on January 12, 2016.

    http://www.smh.com.au/federal-politics/political-news/transpacific-partnership-will-barely-benefit-australia-says-world-bank-report-20160111-gm3g9w.html

    The following is a repost on the same subject, originally posted on 13/10/2015.

    John Menadue

    Repost from 13/10/2015. 

    After two wasted years in government, it is perhaps not surprising that Malcolm Turnbull would try and gild the lily by telling us that the Trans-Pacific Partnership (TPP) ‘was of enormous benefit to us. It is a gigantic foundation stone for our future prosperity.’ What in the world has he been digesting to talk like this? Perhaps he is really extending an olive branch to the Abbott supporters he has vanquished by crediting the Abbott Government with the TPP!

    I have posted many blogs on the exaggerated claims for preferential trade deals pointing out those corporate benefits have invariably been put ahead of the public interest. Informed commentators are also almost unanimous that the TPP, like earlier FTAs with Japan, Korea and China, have been over-hyped.

    Alan Mitchell, the Australian Financial Review Economics Editor describes the TPP as ‘more of a pebble than a gigantic foundation stone’.

    Ross Gittins the Economics Editor of the Sydney Morning Herald, says that the TPP ‘is no big deal’.

    Leon Berkelmans, the Director of the Lowy Institute, says of the TPP ‘don’t believe the hype; TPP is stifling rather than sustaining … Don’t get sucked into the lofty rhetoric, it’s wrong’.

    Ian Verrender the ABC Business Editor said that the ‘TPP isn’t about trade and certainly not about free trade. It is about entrenching the interests of major corporations at the expense of ordinary citizens’.

    Joanna Howe, Senior Lecturer in Law at the University of Adelaide warned that the TPP and the China FTA could prejudice our ‘valuable labour standards’.

    Michael West in the SMH warns that the TPP is a ‘leg-up for vested interests’. Tongue-in-cheek he concludes ‘signing up to the TPP is a bit like buying a used car over the phone with no details as to the state of the vehicle or the clicks on the odometer, but with glowing assurances from the dealer that “she’s a beauty mate, really”.’

    Joseph Stiglitz, Nobel Laureate in Economics and Professor at Colombia University tells us with Adam Hersh, that the TPF ‘is an agreement to manage its member’s trade and investment and to do so on behalf of each country’s most powerful business lobbies. Make no mistake. It is not about … free-trade.’

    The Pew East-West Centre estimates that Australia will increase its GDP by 0.5% by 2025 as a result of the TPP. Yes, 0.5% by 2025!

    Our Productivity Commission is skeptical about the Investor State Dispute Settlement (ISDS) outcomes. It says in its 2015 report ‘That it is not clear ISDS provisions respond to a demonstrable market failure or has been associated with the fostering of foreign investment flows.’ These ISDS provisions in my view are a direct attack on national sovereignty in favor of multinational companies represented by organizations such as Big Pharma and Big Tobacco. Many of these multinational companies thumb their noses at democratically governments by finding legal devices to avoid paying tax.

    In this blog on 10 September this year, I reported that Professors Peter Dixon and Maureen Rimmer at Victoria University found that the Centre for International Economics estimated that the gain in economic welfare from the three FTAs with Japan, China and Korea, will be only 0.4% of GDP. The CIE study also found that as a result of the three FTAs, Australian jobs would increase by 5,434 by 2035. Yet Minister Robb said that they would increase by 178,000!

    In its 2010 report, the Productivity Commission said ‘The increase in national income from preferential agreements is likely to be modest.’

    We know for instance that the FTA signed with the US ten years ago actually resulted in a reduction of our total trade with the rest of the world by $US53 b. because of trade diversion with the US. It was because of such outcomes that the Productivity Commission has warned us many times that the benefits of FTAs are often exaggerated and the downsides are minimized. It commented ‘Preferential trading arrangements add to the complexity of international trade and investment, are costly and time-consuming to negotiate, and add to the compliance costs of firms and administrative costs of governments.’

    The Department of Foreign Affairs and Trade is like a babe in the woods in this area and focuses on relatively minor benefits for our farmers and ignores the wider and serious problems of preferential trade agreements. What sovereign rights has DFAT negotiated away under the veil of secrecy? Yet behind this veil of secrecy a host of US vested interests were consulted extensively. The Obama administration was keen to give them a leg up.

    The government has little to show after two years of confusion and lost opportunities.

    • The budget deficit and net government debt are in worse shape than when the Abbott Government took office.
    • Despite the rhetoric, the government did not stop the boats. Boat arrivals fell dramatically from July to Dec 2013, before the turn backs commenced.
    • Company tax was not reduced because our large companies in the Business Council of Australia threw their lot in with the multinational companies to torpedo a sensible resources rent tax package which included company tax reduction.
    • Taxes on middle income earners are increasing through ‘bracket creep’
    • The Abbott government abolished the carbon tax, but we know that a carbon tax or an emissions trading scheme will have to be introduced in some form to address carbon pollution.
    • Domestic terrorism has increased, spurred in part by our foolish military incursions into Iraq, Afghanistan and now, Syria. The last Essential Report found that 45 percent of Australians felt less safe as a result of our joining the military campaign against ISIS in Syria. Only 13 percent felt safer.

    With the cupboard bare after two years, the government hypes up the success of trade deals. They attack their opponents as xenophobic and anti-Chinese.

    The government has got itself into a corner with these deals. It should concede its mistakes and negotiate sensible compromises in the national interest. I wonder if Andrew Robb really appreciates the predicament that he has got himself and Australia into.

    The position of the US on preferential trade deals, as on so many other issues, is problematic. The US effectively sabotaged the World Trade Organization’s attempt at Cancun in 2003 to promote multi-lateral free trade. The WTO process was sabotaged by wealthy countries such as the US which refused to reduce agricultural protection. US farmers won the day. So in response to agricultural protection and the power of US business lobbies, President Obama launched the TPP to protect and advance those US interests and in the process isolate China.

    As in so many other fields we are paying a very heavy price for our unthinking support for the US.

  • Eric Walsh. Tribute to Brian Johns.

    The death of Brian Francis Johns, 79, in the early hours of New Years Day marked the end of one of the most impressive Australian media careers of the last half century.

    During this period Johns engaged in and excelled at the top level of almost all aspects of media affecting the lives of everyday Australians.

    He distinguished himself as a political journalist on The Australian when he was that papers first political correspondent. He then filled similar roles on the now-defunct Weekly, The Bulletin and was later chief of the political office of The Sydney Morning Herald. He went on to fill executive news management positions on that newspaper.

    In 1975 he was recruited to a senior position in the Department of Prime Minister and Cabinet where he remained for some years under the Whitlam and Fraser Governments.

    Having made a significant mark in newspapers he was to enjoy a similar success in literature as Australian publisher for the overseas Penguin Group for seven years. He greatly increased the number of Australian titles produced locally by this well-known international publisher, becoming a widely respected figure in Australian publishing.

    He was next to impress in the field of broadcasting when he was somewhat surprisingly made Head of Australia’s SBS television and radio networks. He excelled here as an administrator, greatly strengthening SBS by first introducing limited advertising to boost its budget.

    From here his administration skills were recognized and he was appointed to head The Australian Broadcasting Authority. It now seemed inevitable that he would graduate to the top job in Government broadcasting, becoming General Manager of the ABC.

    Johns made his presence felt in all three of these non-newspaper appointments.

    He had had a surprising entry in the field of mainstream journalism.

    Two journalistic giants Maxwell Newton, who turned The Australian Financial Review into a highly successful daily newspaper and Tom Fitzgerald finance editor of The Sydney Morning Herald and founder of the influential political and cultural fortnightly, Nation, were jointly responsible for launching the career of a then largely unknown media star.

    Johns had come to Sydney from Queensland as a boy and won a scholarship to prestigious
    St Joseph’s College where he had a stellar career as a student. On leaving he spent more than two years studying for the Catholic priesthood. He left to become a journalist.

    His career, started quite unspectacularly on the bi-weekly country newspaper, The Queanbeyan Age. Through church contacts he escaped that boredom and gained a position with the Australian Government publicity unit, the Australian News and Information Bureau – by no means the home of Australia’s leading journalistic talent.

    He overcame his frustration and his employment’s limitations by making notable contributions on political and cultural issues – mainly political – for Tom Fitzgerald’s fortnightly Nation.

    In 1964, years later, when Max Newton was hand-picked by Rupert Murdoch to be Editor of his ambitious new National Daily, The Australian, he was aware that significant political journalists in existing media were comfortable and were unlikely to take a risk on the questionable new venture of the then unproven 32 year old Murdoch.

    In conversation with Fitzgerald who had gained a high opinion of Johns from his frequent contributions to Nation, Max was persuaded to take a chance on a young man virtually unknown outside the columns of Nation. He had no cause to regret his gamble.

    A highly successful media career began from here.

    Having later climbed the heights in journalism, literature, administration and broadcasting it was fitting that his career should begin its close by teaching.

    For more than two years he was engaged as Adjunct Professor of Journalism at Queensland University of Technology where he made many friendships and won admiration and gratitude from scores of students. His final days, cut short by his unexpected and ultimately fatal illness, was spent once again in organisation and administration.

    He was Chairman of the Australian Copyright Agency and also Chairman of that body’s cultural foundation, a role he particularly enjoyed as it involved the funding of young writers. He served on the Board of Melbourne University Press and The Southern Phone Company.

    His death marked the end of what was a very well-rounded era of accomplishment by Brian Francis Johns.

  • Commercialisation and the casualness of going to war

    Repost from 23/04/2015.

    If we feel overwhelmed by the crass commercialism of Gallipoli and Anzac, take a deep breath because there are three years to go.

    Target has sponsored ‘Camp Gallipoli’, Woolworths has asked us to ‘Keep Fresh in our Memories’ the losses of Gallipoli ; VB depicted for us actors on the steps of the Melbourne Shrine of Remembrance who  tell us to bow our heads and raise a glass of VB in memory of the first Australians who charged and died at Gallipoli. There have been endless advertising and sales of Gallipoli kitsch. Even our Governor General a few years ago fronted at the hotel bar for VB to raise a glass and  money for veterans.

    But the slipping TV ratings suggest we are getting tired of the saturation media coverage and the $400 m spent by the Australian Government on a whole range of Anzac ‘educational’ programs.

    When the myth making all started in 1915 Charles Bean, the official military historian carefully burnished the Anzac myth. Soldiers were strong, adaptable, cheerful, laid-back, but faithfully serving the empire. Not for Bean the harsh realities of war unless they were laced with humour. He didn’t tell us much about the fear, desertion or boredom of soldiers far from home or the horror of it all. He was gilding the lily about the terrible nature of the war in which young Australians were killing and being killed.

    We are told endlessly about how Australians fought in WW!. We are never really asked the very important question of why we fought… in the interests of Britain’s colonial and economic interests,including access to oil in the Middle East for Britain’s navy.

    The last surviving Anzac, Alec Campbell said in 2002 ‘For God’s sake don’t glorify Gallipoli..it was a terrible fiasco, a total failure and best forgotten’. But the Anzac obsession continues.

    To burnish the conservative interpretation of our military history we, and particularly the Australian War Memorial, are very selective about the story we tell. We have selective amnesia. We ignore the Frontier Wars, a race war by white landowners in which over 30,000 indigenous people were killed defending their homeland. In proportion to our population it was the largest loss of life in war in our history. But there is scarcely a grave or a memorial to remember the people who died in the Frontier Wars. Our first military alliance with New Zealand was not at Gallipoli but in the Maori race wars in the 1850s and 1860s.

    Best we forget the Frontier and Maori Wars.

    We choose to make WWII almost a footnote to our military history, but it was far more important to our survival than any other foreign war.

    Old soldiers will scarcely ever tell us about their experiences. They were haunted for years with the horror of it all. But today we don’t seem able to stop talking about Anzac and Gallipoli. We have seen so often on TV a long-lost cousin or a great uncle that has been forgotten. It seems more like sentimentality than grief.

    The careful selection of people and events by Bean diverted attention from the enormous political, strategic and personal tragedy of Gallipoli. We do the same today. We are encouraged to forget the blunders we made as a nation, involving ourselves in wars in Vietnam, Iraq and Afghanistan. Like Bean, we divert attention by focusing on the sacrifice and losses by ordinary servicemen and women. We seem to turn ourselves into a knot to avoid facing the history of our military blunders. The same process is now under way with our expanded commitment to Iraq. What we will not acknowledge is that there was no national interest in sending Australian troops to Gallipoli just as there is no national interest in sending troops again to Iraq.

    On Anzac Cove Tony Abbott has told us that our involvement at Gallipoli was ‘right and just’. Others talk of ‘defending freedom’. In my view none of these claims stand up to serious scrutiny.. We were there for the empire.

    The Bean myth-making was essential for conservatives to divert attention from the military, political and personal tragedies; the division at home over conscription; the sectarianism of Billy Hughes and the poverty and unemployment in the great depression. It was not a land fit for heroes. WWI sundered our nation and it wasn’t until 1945 that we really started to put it together again..

    There are two bookends in our celebration of our military history. They are out dependence on the UK and the USA. We try to invent reasons why we fought at Gallipoli, but I have yet to hear a believable account of what we fought for there, except serving the empire. At Gallipoli Australian soldiers flew the Union Jack.  Today we also try to invent reasons why we are fighting in Iraq, but the real reason is the call of the latter-day imperial power, the USA.

    How can we possibly believe that Gallipoli and Iraq is about nationhood? Our involvement in both was for quite opposite reasons – serving the empire. Unfortunately some people believe that nationhood, like manhood can only only be proven in war and violence.

    My main concern about the Gallipoli myth-making and our military history is because it is pushing us steadily further and further down the military path. Our foreign policy has become overwhelmingly militarised. Combatting asylum seekers in Operation Sovereign Borders is an example of how civil policies and programs are being turned over to the military. We are again appointing military generals as governors and governor generals.

    This militarisation of Australia has contributed to making our involvement in wars a quite casual event. The latest addition of 300 Australian service people to Iraq scarcely raised any attention at all.

    Taking a country to war used to be considered the most serious step that any government could ever take. But no more. The parliament doesn’t even debate a new overseas commitment. In an almost unthinking way we decide to go to war again. We commit to war after war and then refuse properly support returning service people.

    As Henry Reynolds put it

    ‘The threshold Australian governments need to cross in order to send forces overseas is perilously low. Because there has never been an assessment of why Australia has so often been involved in war, young people must get the impression that war is a natural and inescapable part of national life. It is what we do and we are good at it. We “punch above our weight”. War is treated as though it provides the venue and the occasion for Australian heroism and martial virtuosity. While there is much talk of dying, or more commonly of sacrifice, there is little mention of killing and never any assessment of the carnage visited on distant countries in our name.’

    In Australia today it is becoming much easier to go to war. War is becoming commonplace and the celebrations surrounding Gallipoli make it more so. Step by step we are moving into very dangerous territory, something that the diggers of Gallipoli or the Western Front would have warned us about. It was so horrible; they didn’t want to talk about it. But we talk about it endlessly.

    We should behave with restraint and put some of the drums and bugles away. Let’s pause and think what we are doing.

    The lesson of Gallipoli must surely be to avoid making the same mistake again…whether it be in Vietnam,Afghanistan or Iraq.

     

  • Peter Drysdale. Taiwan’s Political Choice.

    On Sunday, Taiwan will elect its next president, the successor to President Ma Ying-jeou from the Kuomintang (KMT) party who has been in power for the past eight years and is ineligible to run for another term. The vote will almost certainly record a decisive choice for political change.

    In the run up to the election, the opposition Democratic Progressive Party (DPP) candidate, Tsai Ing-wen, appears to be heading towards a runaway victory — with polls suggesting that she has about 45 per cent voter support. This puts her far ahead of the ruling KMT party candidate, Eric Chu, with around 20 per cent, and the smaller People First Party (PFP) candidate James Soong with 10 per cent. Around 25 per cent of voters remain undecided. With three-quarters of a million more voters this election than last time, the many young, first-time voters are likely to vote for non-mainstream parties or the DPP.

    A series of political stumbles — with the governing KMT forced to change presidential candidate midway through the election — and a steady trend towards independent-mindedness, especially among the younger generation in Taiwan, has left the KMT government struggling to mobilise its support base. The polls suggest that the KMT might also lose control of the Legislative Assembly for the first time in Taiwan’s history.

    The coming election result will be widely, if wrongly, read as a referendum on cross-Strait relations. President Ma has focused on improving relations with China and negotiated a succession of agreements with the mainland that have seen relations between Beijing and Taipei at their most cordial since the end of the Chinese civil war. The opening of cross-Strait economic relations was given a major fillip in 2008 after the election of Ma and the return of a KMT majority in the Taiwanese legislature. There followed a series of high-level exchanges between then Chinese and Taiwanese leaders that laid the foundations for steps that saw a major breakthrough in the relationship with the eventual signing of Cross-Straits Economic Cooperation Framework Agreement (ECFA) on 29 June 2010.

    But implementing follow-on arrangements to give effect to the agreement wasn’t all smooth sailing. The passage of the Cross-Strait Service Trade Agreement through the Taiwanese legislature was disrupted by the emergence of the Sunflower Student Protest Movement in 2014. The movement gave vent to concerns about incomplete disclosure regarding the nature and potential costs of the agreement, as it related to telecommunications and other issues. And the backing it gained, from the opposition DPP and among students and young people, exposed the underbelly of anxiety about the deepening economic relationship with Beijing and its political implications. Taiwanese are glad to see tensions with Beijing reduced. But many also fear the Ma administration and the KMT might have made Taiwan too economically dependent on the mainland; that might lead to loss of independence and inability to fend off pressure one day to reunify with China on unfavourable terms.

    In fact, the profound political shift in Taiwan is more closely associated with the economy’s failing struggle to re-invent itself. With per capita income around US$22,000, Taiwan is above the middle income threshold, but it has been unable to emulate its neighbours like South Korea and Japan in Asia in climbing up the income scale. Its export-dependent manufacturing sector faces competition from South Korea from above and emerging economies, like China, from below. GDP grew a measly 1 per cent in 2014; wages are stagnating and unemployment, at 4 per cent, is considered high. The irony is that Taiwan’s tortured, ‘one-sided’ economic relationship with China — which Ma had been trying to correct — might well be a core element in Taiwan’s economic woes. While direct trade has opened up across the Strait, Taiwan has continued to restrict Chinese imports and investment, essential to enjoying the fruits of fuller integration into the regional and global economy. South Korea has imposed no similar burdens on its international competitiveness.

    This week’s lead essay from Mark Harrison points out that while the KMT government may have overstayed its welcome domestically, Taiwanese affairs have looked very different internationally. While the Ma–Xi meeting last November seemed merely to confirm the voters’ view that the KMT had lost sight of Taiwan’s democratic ideals and their everyday concerns, internationally it looked like an historic moment in cross-Strait relations and a step towards resolving one of modern history’s longest-standing ideological conflicts. Indeed, one conception of China’s diplomatic intention in agreeing to the meeting was that it was designed to lay down new benchmarks in cross-Strait relations in preparation for working with a DPP leadership.

    ‘Should Tsai be elected president, managing these two very different perspectives will be a key task for the incoming administration’, says Harrison. ‘As president, she will need to take heed of the international view of Taiwan and communicate the reasons why the electorate have voted for a more circumspect relationship with Beijing. Tsai’s task will be complicated by memories of the last DPP president, Chen Shui-bian, which still rankle foreign ministries around the world. At the same time, the United States and Japan have both become far warier of China’s assertive regional policies and a Taiwanese government that is less accommodating towards Beijing may suit their policy responses and leadership inclinations’.

    It’s true, as Harrison says, that from an international perspective, policymaking in Taipei by a government that will base its legitimacy on its openness to public debate and political activism may appear less reassuring than the policies of accommodation with Beijing under Ma. Certainly Washington was anxious to be reassured that Tsai was not going to disturb the status quo on that front. But this is the tide of Taiwan’s modern political history. Beijing has shown respect for the process and provided a bridge to Tsai and an incentive to meet in the middle. And the policy outcomes that open government can deliver on China and other issues will ultimately stand on stronger foundations of political legitimacy.

    Professor Peter Drysdale is Editor ANU East Asia Forum. This article was first published in the East Asia Forum on 11 January 2016.

  • Mark Gregory. Turnbull’s NBN Mess

    It has been an inauspicious beginning to 2016 for NBN Co and the year only promises to go from bad to worse as the rest of the world moves ahead with NG-PON2 Fibre to the Premises (FTTP) rollouts and Australians slowly realise that the spin from Turnbull about how his NBN was going to be fast, affordable and here sooner is nothing more than a bad joke.

    If you’re a critic of the Prime Minister Malcolm Turnbull’s Multi-Technology Mix (MTM) National Broadband Network (NBN) then you’ll have to get in line to be heard as there is going to be a constant stream of criticism about how Turnbull’s MTM NBN provides slow connections that are fraught with technical problems, suffers from poor performance, does not have enough capacity and has hobbled Australians with nothing more than basic broadband at significantly higher prices than what is paid in other countries competing for the global digital economy dollar.

    And yes it is time that we acknowledge Turnbull’s ownership of the MTM NBN mess, and the broader malaise that beset the telecommunications industry during his tenure as Minister for Communications. Backhaul prices between 100 to 200 times higher than in competing countries, data retention fiasco, legislative and regulatory black holes including the perennial favourite that is mandatory data breach reporting.

    To make matters worse Turnbull appears to be listening to people that definitely had too much Kool Aid in 2015 and rather than fix the telecommunications market mess he appears to be pushing for the Australian Competition and Consumer Commission (ACCC) to be stripped of its monopoly infrastructure regulation role. Now if this gem actually appears in legislation it will akin to the silly idea to raise the Goods and Services Tax to 15 per cent rather than address the underlying problems with the taxation system, for example, getting the multi-nationals to pay a fair amount of tax on turnover in Australia would be a good start. And we can all remember the Coalition telling us at the 2013 election how they would have the budget back in the black in the blink of an eye.

    What is of immediate concern is the question why NBN Co, a government business enterprise, has adopted such a negative, defensive and at times openly adversarial position. NBN Co needs to look carefully at how its senior managers use social media and to ensure they do not appear to be taking a partisan position in the debate about the merits or otherwise of Turnbull’s MTM NBN.

    Yes, there is a debate and at this point the government is doing a sterling job of stonewalling the media, redacting where-ever possible anything that might provide information about what is actually occurring at NBN Co and using the get out of gaol card that is “commercial in confidence” at any whiff of a question about the NBN.

    It is expected that there will be some rough and tumble along the way. The NBN debate commenced in 2009 with the Labor government’s decision to intervene in the telecommunication industry and went into overdrive in 2013 with the Coalition government’s decision to vandalise the NBN by re-introducing obsolete copper technologies.

    Both sides of politics have sought to use the NBN for political advantage rather than seeing the NBN as a nation building project vital for the nation’s future as a leader in the global digital economy. Along the way politicians have been forthright in their public criticism of anyone that disagrees with their views or statements. It is not for a politician to worry about being technically accurate and you’ll be “foolish” if you call them out for reinventing established science.

    It is vital that NBN Co be a passive participant in the NBN debate and remain open to answering questions from the media and academia. Failure to be responsive to the media and academia will lead to more leaks from within NBN Co, an increase in the number of disgruntled employees and inevitably increased criticism in the public domain.

    2016 will be a tough year for NBN Co and it will be important to offset the growing realisation that over a ten-year period the copper access network technologies will cost far more than what the cost for an all-fibre access network would have been. Over the typical ten to fifteen-year life-time of a fixed access network technology the cost for the copper access network component of the NBN will be tens of billions more than the cost of overbuilding and operating an all-fibre access network.

    So we should expect an announcement in early February that the Connectivity Virtual Circuit (CVC) charge is to be reduced from $17.50 per Mbps per month to $15 per Mbps per month effective in from 1 June. This will give the embattled NBN Co something to spruik about in the lead-up to the Federal election and of course, the Minister for Communications and the Arts Mitch Fifield will be out and about telling all and sundry how the price reduction is a direct result of the government’s MTM NBN approach.

    And most of us would have thought it was because of the ongoing data usage explosion brought about by NetFlix entering the Australian market and opening the door to improved low cost media streaming services. And as we know the silly sausages at NetFlix were anticipating the Australian broadband network to progressively become all-fibre thereby making the delivery of high quality video possible. Oh well, the fuzz that we see around anything moving faster than a snail isn’t really so bad after all is it?

    But there will be no getting around the rollout problems for NBN Co and the need to push people living on the urban fringe that currently enjoy ADSL onto fixed wireless or in some cases onto satellite. It’s all about the science of why Fibre to the Node (FTTN) is a second rate obsolete technology that was never going to adequately cover the existing ADSL footprint.

    At least the genie is out of the bottle regarding the furphy that the MTM NBN would be completed sooner than the originally planned NBN. The NBN was always going to be completed, whether it is or not, by mid-2020 so that its future can be determined by whomever is in government at the time. NBN Co’s future appears to be either sale as a single entity or as a number of disaggregated networks.

    This year NBN Co will need to step-up the rollout significantly, if for no other reason than to head-off what would be very bad news for the government in the lead-up to the Federal election. And as more FTTN is rolled out there will be a slow but steady growth in the criticism of FTTN performance and a key facet of the public face of NBN Co in 2016 will be diverting attention onto more positive outcomes.

    What would throw a spanner in NBN Co’s wheel would be one of the many councils around Australia that own and operate telecommunications networks deciding to rollout FTTP in the high value business centres and inner urban areas within their municipal boundaries. As municipalities in the US have found, it is a good business decision to extend their existing telecommunication capability because not only will FTTP bring in much needed revenue but the council will be able to rollout machine to machine communications (see the Internet of Things) and offer free Wi-Fi without becoming beholden to a Telco.

    2016 promises to be a very big year for the NBN, especially with the first satellite coming online, and the management team at NBN Co will be well aware that any mis-steps will not be welcome news to a government that wants to wash its hands of the NBN as quickly as possible.

    Mark Gregory is Senior Lecturer, School of Engineering, RMIT University. He is Managing Editor, Australian Journal of Telecommunications in the Digital Economy, and Managing Editor, International Journal of Information, Communication, Technology and Applications.

  • John Menadue. Australians who fight in overseas wars.

    Repost from 02/03/2015

    The government has been concerned, as many of us are, about Australians fighting for IS in Syria and Iraq. The government is threatening to revoke the Australian citizenship of dual nationals who involve themselves in this war.

    Whether this will be successful is a very moot point. It is asserted by many that prosecution under our existing laws would be much more effective. But a government in trouble about its own security has to be seen to be ‘doing something’, e.g. revoking citizenship.

    There are an estimated 100 or so Australian citizens fighting with the IS in Syria and Iraq. That number looks to be increasing.

    Estimates suggest also that at least a similar number of dual Australian citizens are fighting with the Israeli Defence Forces. Australians have fought in all of Israel’s wars since 1948.

    The Muslim community in Australia has been very critical of Australians who go and fight under the IS flag but rightly asks why Australian citizens are able to fight with the IDF but not with IS. I would have thought that the policy on this matter would be quite clear – that no Australian citizen should be allowed to fight overseas without the approval of the Australian government and if they do they will be prosecuted and if found guilty severely punished.

    There are several reasons that our Prime Minister and ASIO have given for the apparent double-standard in treatment of Australian citizens fighting for IS and for IDF. The first is that IS has been described as a terrorist organisation, whereas the IDF has not. Second, fighting with an overseas army of a recognised national state is different. Thirdly, the Israeli’s are not under sanctions so the IDF is a ‘free port for Australian volunteers’ according to the former Director General of ASIO.

    If it is maintained that Israel has not been designated as a terrorist state or is under sanctions, it cannot be said that the IDF is not a lethal organisation. In its savage attack on Gaza last year, the IDF made over 5,000 air strikes in which 2,104 people were killed. According to the UN estimates, 69% of persons killed in Gaza were civilians. The Israeli’s lost 67 soldiers and six civilians.

    Where is the balance and logic in the way successive Australian governments have favoured Israel in so many ways? One thing stands out very much; the power of the Israeli lobby in so many countries including our own.

  • Vale Malcolm Fraser

    Repost from 21/03/2015

    I am sure that Malcolm Fraser’s concerns for human rights were always there. But as he grew and matured, that concern flourished and became obvious to all. He became our moral compass on human rights.

    I was first conscious of Malcolm’s concern for human rights when I listened to his speech in September 1975 at a luncheon in Parliament House Canberra to honour Helen Suzman. She was an anti-apartheid campaigner who for 13 years was the sole opponent of the apartheid regime in South Africa’s parliament. For the first time that I can recall, Malcolm Fraser spelled out his opposition to apartheid and white rule in Africa. It surprised me. But, I found it very encouraging. It was the beginning of my better understanding of Malcolm Fraser.

    Later he became a firm opponent of white rule, in Africa. Despite Maggie Thatcher he was determined to do what he could to end white rule in Southern Rhodesia.

    I next became aware of Malcolm Fraser’s concern for human rights in Africa in the first cabinet meeting of the Fraser government after the dismissal of the Whitlam government.

    There had been a lot of media reports in Australia that money raised by the World Council of Churches for humanitarian aid in Southern Rhodesia was being diverted to assist the underground political and military opposition to Ian Smith, the Prime Minister of Southern Rhodesia. In Cabinet the issue was raised by a senior NSW minister. I was really taken by surprise by Malcolm Fraser’s pungent response. He said that Ian Smith was not only politically culpable for racism in Southern Rhodesia, but that he was ‘mad’. To my knowledge this matter was never raised again in Cabinet, or at least while I was there. No Minister dared!

    In government from 1975 to 1983, Malcolm Fraser took up many of the human rights issues that Gough Whitlam had put on the agenda. Gough Whitlam started the process to establish land rights for indigenous Australians, but it was Malcolm Fraser who had the first legislation enacted.

    From his western Sydney electorate of Werriwa, with migrants from so many countries, Gough Whitlam laid the groundwork  for multiculturalism. The fundamental principle of multiculturalism was that all people deserve dignity and respect regardless of their background. In our white Anglo-Celtic community, that was something quite new. But it was Malcolm Fraser who expanded and entrenched multiculturalism. SBS was established and settlement programs for migrants and refugees were co-ordinated and then well-funded following the Galbally Report.

    Following piecemeal reform by Holt, Gorton and McMahon, Gough Whitlam ended White Australia by legislation. But under the Whitlam Government the abolition of White Australia was never put to the test in the community. Migrant and refugee intakes in the Whitlam period were the lowest since the Great Depression.

    Malcolm Fraser put the abolition of White Australia to the test by accepting tens of thousands of Indochinese refugees.  Through the policies and programs initiated by the Fraser Government, including later family reunion, we now have 250,000 persons of Indochinese background living in Australia. What a great credit they have been to Australia, to themselves and to Malcolm Fraser’s vision.

    He broke the back of White Australia and as an anti-White Australia activist since my university days in the 1950s it was wonderful to see what Malcolm Fraser had achieved. Racism and opposition to foreigners is often a dormant but potent factor in public life, but Malcolm Fraser determined that we had a humanitarian obligation to the people who had fled Indochina.

    He didn’t wait for opinion polling or focus groups to decide what we should do. He gave us leadership. It wasn’t easy given our history of White Australia and the knowledge that fear of the foreigner could be so easily exploited. But with leadership, Malcolm Fraser showed that we all have generous instincts and with his leadership we responded because we knew in our heart of hearts that he was right. If only we had that leadership today!.

    I am certain that my appointment as Secretary of the Department of Immigration and Ethnic Affairs in 1980 stemmed from Malcolm Fraser’s lively concern about racism. In my posting in Japan, I spoke to scores of community groups about Australia. On almost every occasion I would be asked about White Australia. It irritated me, particularly given Japan’s exclusivist policies on race and migration. As I came to the end of my posting Malcolm Fraser was visiting Japan and he asked me what I wanted to do when I returned.  I mentioned to him how White Australia had followed me all round Japan, so I told him I would like on return to Australia to do what I could to help bury White Australia. His response was instantaneous and to the point – ‘You’re on’!.  Within three months I was back in Canberra as Secretary of the Department of Immigration and Ethnic Affairs.

    In that role I was able to continue to help expand the Indochina program. But In the department I encountered programs, staff attitudes and a culture  that reflected the old days of White Australia. I set about changing it and was quite public in what I was doing. I know that Liberal Party backbenchers were concerned about my activities. But never did Ian Macphee, my minister, or Prime Minister Malcolm Fraser, criticise or ask me to desist. We were all on the same page.

    Almost to the day of his death, Malcolm Fraser was in the front line to support asylum seekers and those whose human rights were being attacked. One of his latest projects was  how the community could be galvanised to support Gillian Triggs the President of the Australian Human Rights Commission who had been so unfairly attacked by our Prime Minister and the Attorney General.

    He took to twitter with enthusiasm to shed light on dark places in our public life.

    It turned out that he and Gough Whitlam had more in common than they knew in those turbulent days of 1975. They were both badly bruised but their personal relations mellowed and healed. The two political titans of our era came to terms.

    Gough Whitlam often said that he hadn’t disagreed with Malcolm Fraser for 20 years! Malcolm Fraser delivered the Whitlam Oration in 2012. He opened the oration with ‘Men and Women of Australia’.

    At the Sorry Day in Parliament House in 2008, most former Prime Ministers were photographed. together. With a walking stick, or ‘cane’ as Gough would have called it, in one hand – he put his other hand on Malcolm Fraser’s shoulder for support. It was quite moving to see the old combatants so close.

    About three months before Gough Whitlam died, Malcolm Fraser called to see him in his Sydney office. He presented Gough  with his latest book ‘Dangerous Allies’. He had inscribed in the book –

    “Dear Gough, with great respect and great affection, Malcolm.”

    It had been a long and colourful journey for both of them, but there was clear respect and affection at the end.

    We will miss Malcolm Fraser’s steadfastness on human rights.

    A light has gone out.

  • Richard Butler. Nuclear North Korea: Profound and Dangerous Hypocrisy  

    During the last 10 years, North Korea has resigned its membership of the Nuclear Non Proliferation Treaty (NPT), and conducted four nuclear test explosions. It claimed that the latest of these, detected four days ago, was of a hydrogen (fission-fusion) bomb. It made no such claim for the earlier three tests; said to be merely atomic (fission) bombs.

    Argument about the veracity of the current claim is underway. There was seismic evidence of a test, but there is good reason to doubt that it was of a hydrogen bomb. We might have a clearer reading on that soon. The UN Security Council has condemned the test, as it has done in the past, describing it as constituting a “threat to international peace and security”. North Korea’s statements have spoken of a remarkable scientific achievement and their ability to threaten the destruction of its enemies, chiefly the United States.

    Any rational appreciation of this current piece of theatre would begin by recognizing its elemental ludicrousness, but then acknowledge the great dangers and deadly earnest politics it incorporates.

    Life in North Korea is appalling. Its people have little to eat and as Justice Michael Kirby has reported to the UN, there are virtually no human rights there, just widespread and relentless abuses. Expenditure by the regime of its resources and technological efforts on nuclear weapons is cruel.

    Interested western oriented countries, particularly US, Japan, South Korea have attempted to have North Korea end its nuclear program, offering a range of economic and political incentives In return. These have failed. Attempts have also been made to engage China and Russia in diplomatic efforts to the same end. These have also foundered.

    China is crucial to any solution given its alliance with North Korea and the depth of the latter’s reliance upon China for economic survival. China is known to be angry with its partner and has joined in the Security Council’s condemnation of the nuclear testing program, but it has taken no serious action against it.

    At a fundamental level, the North Korean nuclear weapons issue is now emerging as possibly the paradigm case, even more so than the Iran case, of two pervasive phenomena in contemporary international relations.

    1. The reversion by most States to traditional forms of competition and balance of power politics as the determinant of outcomes in international relations. This development has specifically rejected the purposes and principles of the Charter of the UN; the post Second World War compact.It has resulted in the wretched failures we have witnessed in Iraq, Syria, Libya, and a number of countries in Africa and the Middle East.
      The abiding aspect of these failures has been the refusal of key States, particularly Permanent Members of the UN Security Council, to permit collective action to make or keep peace, if it would disadvantage them as such, or in their competition with others. Permanent members have also been the most egregious violators of the Charter by invading or attacking other States, for which actions they have not been sanctioned.
    1. As the key extension of this first notion, which places the possession of power, particularly military power, at the centre of legitimacy; the second phenomenon is the insistence by those States which possess nuclear weapons that they alone are legitimately able to determine who else might and might not have those weapons.
      That they are able to make this determination, including through the use or threat of use of their own weapons, is beyond doubt, in the short term. That it is legitimate for them to do so, given global legal and moral commitments to nuclear arms control and disarmament, and the dangers nuclear weapons pose, is preposterous.
      Above all, the consequence of the elemental hypocrisy involved in the attempt to manage the world on such a basis is that it will fail and possibly lead to horrendous war.

    The first of the two phenomena identified above is not new, as such. But the extent to which relations amongst States have become militarized is extreme. It has been the result of: the failure to reach a new compact, following the end of the Cold War, then the convulsions consequent upon the dissolution of the Soviet Union and, the wests attempts to treat Russia as the loser. Russia will not accept this and overall, the world has progressively rejected an imperial America. The principle victim in this situation has been the UN Charter system for the resolution of conflict.

    The application of these circumstances to the North Korean case is illustrated by China’s obvious interest in the North Korean irritant to the US, Japan and South Korea, given its conflict with them over it’s South China Sea policies and actions. Simply, it can be expected to indicate that a price for it stepping up pressure on North Korea will be that the others make concessions on the South China Sea and more particularly recognize that if North Korea were to collapse it would not be acceptable for it to be folded into South Korea, as a State allied to the US. Russia could be expected to support China in such a stance.

    On the specific issue of North Korea’s bomb, the previous policy of Obama’s first term – “strategic patience”- will need to be supplemented by a refreshed diplomacy and some new incentives, but only if China has significantly stepped up its effort with The North Koreans.

    But, the current global situation described above, where nuclear weapon states attempt to hold the ring on the possession of such weapons, is failing. Israel, India and Pakistan have won that game. They have nuclear weapons and have refused to join the NPT and the Test Ban Treaty. Iran is on ice, for now, but Saudi Arabia is not. This is an unstable situation.

    The hypocrisy which is intrinsic to the NPT, which privileges States with nuclear weapons, is coming home to roost. NPT is only acceptable if those privileged States implement their Treaty obligation to progressively eliminate their nuclear weapons. Instead what we see today is their expansion of their arsenals and their manifest reversion to power, not law or principle, as the reliable determinant of political and security outcomes.

    If states were ever to become serious about ending the threat posed to all by the continued existence of nuclear weapons, they would begin a process of negotiated reductions in which all such weapons were in the frame. This is in fact what they have undertaken to do in NPT, a commitment which the International Court of Justice has ruled is an obligation in international law.

    Interestingly, Australia was once a leader in the search for progress on nuclear non proliferation and disarmament. A practical process for the safe elimination of nuclear weapons was outlined in 1996 by the Canberra Commission on the Elimination of Nuclear Weapons, established by Prime Minister Keating. The Commission’s report continues to be recognized as a realistic one. But, Australia’s leadership in this field was terminated by Prime Minister Howard. To widespread dismay, this saw Australia actually vote against a resolution of the UN General Assembly calling for enhanced action on nuclear disarmament.

    The Canberra Commission report was supplemented, in 2009, by a Japan/Australia study on nuclear dangers, managed by Gareth Evans.

    Axioms which the Canberra Commission identified and thought were of enduring importance were: as long as nuclear weapons exist, they will be used, whether by accident or decision; any use would have catastrophic effects; as long as any State has nuclear weapons, others will seek to acquire them.

    Were the Commission to meet again today, presumably it would add a further basic warning about the consequences of the possible acquisition of nuclear weapons capability by a group such as DAESH.

    Only if the nuclear hypocrisy ends will we avoid these outcomes whether at the hands of North Korea or any other State.

    On Australian actions, as a country possessing a major proportion of known reserves of uranium and as a permanent member of the Board of Governors of the International Atomic Energy Agency, the Turnbull government should review the resumption by Australia of an active role in global efforts to eliminate nuclear weapons.

    Richard Butler AC is former Ambassador to the UN and was Convenor of the Canberra Commission on the Elimination of Nuclear Weapons.

  • Edmund Campion. Homily for the funeral service of Brian Johns.

    Family, friends, colleagues of Brian Johns.

    The other morning, after Brian had died, it came to me, so this is the end of a conversation that endured for more than sixty years. Then I recalled that one name had dominated our earliest talks together, all those years ago, the name of Dorothy Day. Dorothy Day? Who was she? She was an American Catholic radical who, when she died in 1980, was given lengthy obituaries in The New York Times, The New York Review of Books and all the other leading papers. A significant figure in American culture. I can tell you her life in one sentence: she believed literally in those words of the Lord Jesus I have just read from the 25th chapter of Matthew’s Gospel: feed the hungry; give a drink to the thirsty; clothe the naked; give the poor a home; visit them when they’re in hospital or prison. It’s Christianity in its purest form. So during the Great Depression she did just that; set up houses of hospitality (as she called them) where the poor could find a home and food and drink, houses of hospitality that spread across the United States; she started a monthly paper, The Catholic Worker and a movement around it. She did jail time for protesting against American militarism and promoted an ethic that said everyone was worthwhile. Dorothy Day.

    When we were young, Brian and I came across a long article about her that ran across two issues of The New Yorker. It began: ‘Many people believe that Dorothy Day is a saint, and that one day she will be canonised.’ She said: ‘You can’t dismiss me as easily as that.’ But for Brian she became a seminal influence, his idea of a Catholic saint, someone who took the Lord’s words seriously and followed them until they hurt.

    Did you notice something about those words of his? Jesus was a Jew, of course, and he’s quoting from one of the great books of the Hebrew scriptures, the Book of Isaiah (read for us by Ben Patfield). You must have noticed how Jesus takes Isaiah’s words and transforms them into a mystical identification between himself and the poor:

    ‘I was hungry, I was thirsty, I was a stranger, I needed clothes…. As often as you did it to the least of these my brothers, you did it to me.’

    That identification between Jesus and the poor gives a religious energy to the corporal works of mercy (as we call these activities).

    Here’s something else about the corporal works of mercy: they are not only individualistic – here’s a piece of bread, here’s a cup of cold water, here’s a pair of trousers… oh yes, we must do those things – but we must also work hard to change our society:

    • Give bread to the hungry? Yes, but also create social and political structures that reduce poverty and give the marginalised respect;
    • Drink to the thirsty? Yes, but also take the decisions together that ensure clean, unpolluted water, particularly in the Third World, and act to restore a balance to the world’s ecology;
    • I was naked? Yes, clothes are needed, but think also of those stripped psychologically bare in our society or prone to be addled in our drug culture;
    • I was in prison? Notice that Christ doesn’t say, ‘I was in prison unjustly,’ he says, ‘I was in prison’ – justly or unjustly. Think too of those oppressed by other forms of imprisonment: domestic violence, sexism, racism, class distinctions… We need to change societal attitudes on those fronts too.
    • The homeless: ah, refugees, asylum seekers, the unwanted, those different from us…

    So Christ’s summons to the corporal works of mercy is a call not only for individual responses, it is also a call for radical changes in our society and our world, to make them fairer and more just. It is a call for social justice.

    Brian learned this, years ago, from Dorothy Day and he based his life on it. She gave him his compass points to steer towards what he became – the champion of a better Australia. Which is why we salute him today.

    This was the homily that Fr Edmund Campion delivered at the funeral service of  Brian Johns at St Canice’s Church at Elizabeth Bay on 7 January 2016.

     

     

     

     

     

     

  • The forgotten war – Chinese resistance to Japan.

    Repost from 17/09/2015

    WASHINGTON, Sept. 1 — Few in the West remember the fact that China was the first country to enter what would become World War II, and it was an ally of the United States and Britain from just after Pearl Harbor in 1941 till Japan’s surrender in 1945, an Oxford expert said.

    In an article titled “Forgotten ally? China’s unsung role in World War II (WWII),”circulated on U.S. TV network CNN’s website Tuesday, Rana Mitter, a professor of modern Chinese politics and history at the University of Oxford, elaborated China’s role in WorldWar II.

    As China will hold a major parade in Beijing on Thursday to commemorate the 70th anniversary of the end of World War II, “China’s memory of the war is becoming more, not less, important,” he wrote.

    “Chinese suffering during the war is not in dispute,” he added, referring to the fact that during China’s resistance against Japanese aggression from 1937 to 1945, the fire of war scourged half of the Chinese territory, with around 260 million Chinese involved in the war and more than 35 million people killed or wounded. The direct economic loss reached some 100 billion U.S. dollars at then price.

    The United States and China were allies during WWII and more than 250,000 Americans served in what was known as the “China-Burma-India” theater, many photos showed.

    On July 7, 1937, Japanese troops attacked Lugou Bridge, also known as Marco Polo Bridge, a crucial access point to Beijing. This was the beginning of China’s eight-year warof resistance against full-scale Japanese aggression. A year later, by mid-1938, the Chinese military situation was desperate.

    Many cities of eastern and central China, including Shanghai, Nanjing and Wuhan, fell in Japanese hands. Many foreign observers assumed that China could not hold out, and a Japanese victory over China was most likely.

    Nonetheless, China refused to surrender, retreating inland to carry on resistance. “This decision changed the fate of Asia,” Mitter said.

    If China had surrendered in 1938, Japan would have controlled China for a generation or more. Japan’s forces might have turned toward the Soviet Union, Southeast Asia, or even India, the article reads.

    The European and Asian wars might never have come together as they did after Pearl Harbor in 1941.

    As Chinese hung on, and after Pearl Harbor, the war became genuinely global. The western Allies and China were united in their war against Japan.

    China’s contributions were very important to the war efforts. China held down huge numbers of Japanese troops on its territory and acted as an example to other non-Western countries, showing that it was possible to fight with hegemonism and strongly oppose imperialism, Mitter stressed.

    This article was first published in Xinhua, The Chinese Daily, n 2 September 2015.

  • Bob Kinnaird. Foreign worker exploitation.

    To reduce foreign worker exploitation, enforce employer sanctions laws

    2015 produced a never-ending stream of stories of exploited foreign workers on all kinds of temporary visas. They include overseas students, working holiday and 457 ‘skilled’ visa-holders. Nearly all temporary visas and some permanent residence visas are implicated.

    A Senate committee on Australia’s temporary work visa programs is due to report by end- February 2016.   Changes are needed in many policies and practices.

    In an earlier blog (9/10/15), I argued for changes in ‘government international education and visa policies that are feeding the growth in Australia of a vast underclass of temporary visa holders desperate for work and ripe for exploitation’.

    This blog shows that strengthened employer sanctions provisions of the Migration Act 1958 put in place by the former Labor government are not being adequately enforced by the Coalition government. These came into effect in June 2013. They would deter much exploitation of visa workers if more effectively enforced.

    Background

    Fairfax investigative journalist Adele Ferguson exposed the staggering scale of wage fraud at 7-11 convenience stores. 7-11 has now agreed to fund up to $25 million of wage fraud claims. If the claims exceed $25 million, franchisees will pay the next $5 million with anything more split equally between franchisees and 7-11 head office.

    The 7-11 case and many others involve allegations that overseas students have to work beyond the maximum hours permitted by their visa conditions (40 hours/fortnight during term, unrestricted hours outside term). Their employers then use this visa non-compliance against the students, threatening to report them to Immigration and have their visas cancelled unless they accept even more substandard wages and conditions. The practice has been going on for years.

    Nearly all these employers engaging overseas students to work in breach of their visa terms are committing an offence under the employer sanctions provisions. Strangely there has been little or no public discussion of these and other relevant laws that can and should be used to penalise these employers and deter the practice. This includes the Senate committee on temporary visas, whose October 2015 interim report did not mention these laws.

    As the 2010 Howells review of employer sanctions laws said, the absence of an effective deterrent to these practices has serious consequences. They include ‘the vulnerability of such workers to severe exploitation, the distortion of the labour market and the tendency for their presence to be associated with cash industries and abuses of Australia’s taxation, employment and welfare laws.’

    Targeting the employers who exploit foreign workers is central to effective deterrence.

    Every Coalition Immigration Minister repeats a version of the mantra that their government is as tough on employers exploiting visa workers as it is on people-smugglers. This includes the current Immigration Minister Dutton:

    “Australians can be assured that we are committed to being as tough on those who seek to rort our migration programmes as we are on those who arrive illegally by boat. We will devote the same resolve, resources and commitment that is necessary to get the job done,” Mr Dutton said. 

    “Under the Coalition Government, immigration compliance teams are not just targeting illegal workers but also employers who are doing the wrong thing. The Government will actively pursue substantial fines to deter further illegal work practices.” (Minister Dutton media release, ‘17 illegal workers detained in Woody Point Brisbane’, 29 April 2015).

    But the evidence shows the Coalition government is nowhere near as ‘tough’ on these employers. Contrary to Mr Dutton’s claims, it is not pursuing the ‘substantial fines’ against them available under Labor’s strengthened employer sanctions provisions.

    The key provisions created a new ‘no-fault’ or strict liability civil offence for employers and others (eg labour hire companies) of allowing or referring ‘illegal workers’ to work. ‘Illegal workers’ here means foreign nationals working in breach of their visa conditions, or those with no valid visa (‘unlawful non-citizens’, mainly visa ‘overstayers’).

    There is no need to prove that a business knew of (or was reckless as to) the person’s visa status. The provisions also establish liability for principal contractors and others who ‘participate in an arrangement’ but are not themselves the direct employers of the illegal workers. Criminal offences and penalties including prison time were also maintained for more serious breaches.

    The 2013 legislation provides very substantial maximum penalties for the ‘no-fault’ civil offence of employing illegal workers – $16,200 for ‘individuals’ (eg a sole trader) and $81,000 for companies. Note that these penalties apply for each illegal worker. So a company found with say three ‘illegal workers’ is strictly liable for a maximum penalty of $243,000.

    The provisions also allow for lesser sanctions: an’ Infringement Notice’ fine – maximum $3,240 fine for sole traders and $16,200 for companies, and ‘Illegal Worker Warning Notices’ (carrying no fine at all).

    Enforcement under the Coalition

    The Coalition’s enforcement of the employer sanctions provisions can only be described as derisory. In 2014-15 there were:

    • No prosecutions at all for the civil or criminal offences, and hence no penalties.
    • Only 8 ‘infringement notices issued to non-compliant employers, with fines totalling $62,730’ – less than the maximum civil penalty for a single company with one illegal worker ($81,000), and an average of only $7,840 per employer.
    • 655 ‘Illegal Worker Warning Notices’ (carrying no fine) issued ‘to educate businesses about their responsibilities when hiring non-citizens and (warn) them of the consequences of continued non-compliance with legislation.’ Of these, 210 notices to businesses related to visa holders working in breach of their visa conditions.

    (This information is from the DIBP Annual report, 2014-15 and DIBP email to author, December 2015)

    This is an incredibly low level of serious activity when considered against the scale of the practice of employers allowing or referring illegal workers to work, and the government’s claim that it is seriously committed to ‘pursuing substantial fines’ to deter the practice.

    There is no official data on the total number of ‘illegal workers’ or the number of employers that they work for. A December 2015 Auditor-General’s report concluded that even today ‘the extent of non-compliance with other visa conditions, for example visa holders working illegally, is not well understood’ by DIBP.

    My best estimate is that there were at least 140,000 ‘illegal workers’ in Australia, and around 49,000 or so employers of these ‘illegal workers’ in 2014-15.[i] This means there are more ‘illegal workers’ than 457 primary visa-holders (104,000), and more employers of ‘illegal workers’ than of 457s (36,500).

    Even the 655 employers served with ‘Illegal Worker Warning Notices’ – the least effective sanction available – represent a mere 1.3 per cent of the estimated 49,000 or so employers of ‘illegal workers’ in 2014-15.

    The Coalition’s ‘softly-softly’ approach to employer sanctions enforcement is not surprising. The LNP vehemently opposed Labor’s 2013 employer sanctions bill from Opposition.

    The Coalition’s real intentions are revealed in the 2015-16 Budget papers. They are merely to ‘promote voluntary compliance by Australian employers with employer sanctions legislation through the provision of targeted education and engagement activities’, where ‘voluntary compliance is maintained as the primary approach to resolving breaches’.

    The Coalition government also appears less than enthusiastic about enforcing other Labor legislation relevant to the more extreme forms of employer abuse of temporary visa workers.

    Labor also introduced new laws in 2013 creating new criminal offences of ‘forced labour’ and ‘servitude’ (outside the sex industry) under the Commonwealth Criminal Code Act 1995, alongside the existing ‘sexual servitude’ offence.

    As at end-2015, there have been no prosecutions under the new ‘forced labour’ provisions and only one has commenced under the ‘servitude’ provisions. The ‘servitude’ case involves allegations that 24 young Taiwanese on working holiday visas were locked in rented Brisbane houses by Asian crime gangs and forced to participate in phone scams extorting Chinese nationals.

    Conclusion

    This week Senator Cash,the Employment Minister told The Australian that ‘when there is an effective regulator who enforces laws with meaningful penalties,people will think twice before breaking the law’.

    The government should acknowledge that its ‘voluntary compliance’ approach to the employer sanctions provisions has not been an effective deterrent against employers engaging ‘illegal workers’.

    It should now give priority to serious enforcement action under the civil penalty provisions. Any future claims that its actions are deterring the practice of employers engaging ‘illegal workers’ should be backed up with evidence, the collection of which is long overdue.

    Bob Kinnaird is Research Associate with The Australian Population Research Institute and was National Research Director CFMEU National Office 2009-14.

    [i] The 2010 Howells review of the employer sanctions regime found there could be over 100,000 ‘illegal workers’ in Australia, not including overseas students working more than their permitted weekly hours. It did not estimate the number of employers of these workers. My employer estimate assumes the same employer profile as for 457 visa-holders – an average of around 3 per employer – and is conservative.

  • John Menadue. Radicalism and terrorism.

    Repost from 15/10/2015

    Prime Minister Malcolm Turnbull is talking a lot about his government’s commitment to counter radicalisation in the Muslim community. The NSW Premier and Police Commissioner also keep talking about countering radicalisation. At least this is preferable to the endless talk we had before about a ‘death cult’ and ‘team Australia’.

    But radicalism and terrorism are not the same thing. Radical politics and radical religion are surely acceptable and widespread. But what is not acceptable is to commit acts of violence and terrorism. Making this distinction between radicalism and terrorism is not some semantic play with language. We had better understand the essential difference between the two or we will never stop terrorism.

    Radicalism is about going to the core of a subject or issue. Radical surgery for example is attempting to address the core of the ailment. As a university teenager I was probably a radical student. I am still probably radical on many things. But that radicalism has never been about violence. It was quite the opposite.

    I am not surprised that many young Muslim teenagers are offended, indeed radicalised by the violence that the West, including Australia, has inflicted on the Muslim people of the Middle East. I think I understand how the humiliation and violence we have inflicted would radicalise young Muslims.

    Malcolm Turnbull says that John Howard was ‘our greatest prime minister with the possible exception of Robert Menzies … I learnt so much from John Howard. Every day I am PM, I’ll be benchmarking everything I do against how John Howard would have handled these challenges’. But does Malcolm Turnbull seriously believe that he should benchmark himself by justifying John Howard’s involvement in the Iraq War which is a root cause of conflict and terrorism in the world today.

    There is not much doubt that it was John Howard’s cooperation with George Bush in the invasion of Iraq that unleashed the violence and terrorism that we face today. John Howard helped open the Pandora’s Box of tribal, ethnic and sectarian violence in the Middle East and made us less secure. Most Australian people know that that is true. As I pointed out in an earlier blog, 45% of Australians feel less secure from terrorism because of our continued military meddling in the Middle East and most recently in Syria. Only 13% of Australians feel safer.

    We are reaping violence at home for what we have sown abroad. But Malcolm Turnbull doesn’t mention this and wants to benchmark himself against the person who helped trigger so much to the violence and terrorism we face today.

    Last night on the 7.30 program the Commissioner of the Australian Federal Police, Andrew Colvin said that terrorism in Australia was getting worse but he didn’t know why. He was not asked the obvious follow up question, what is the link between our military involvement in Muslim countries in the Middle East and terrorism at home.

    In 2004 a former Commissioner of the AFP Mick Kelty was very clear that ‘our involvement in Iraq made us a greater target for terrorism’. In 2010 the head of UK’ MI 5 Baroness Manningham-Buller told the Chilcott Inquiry ‘that our involvement in Iraq…radicalised a whole generation of young people…who (in addition) saw our involvement in Afghanistan as being an attack on Islam’

    The facts are clear but our leaders will not admit their mistakes. Instead they deliberately avoid an honest discussion.

    Combatting violence and terrorism will require responses on many fronts.

    The first is early intervention and active cooperation with the Muslim community to calm the hot-heads and misfits that exist in every community. Muslim leaders who can’t speak English are not going to be effective bridges between the Muslim and wider Australian communities. They will just not cut it. There may be important role models for young people in the Muslim community, but it is not clear to me.

    Secondly, we need to publicise the Jihadists who return and admit their mistake. We then need to help rehabilitate them into the Australian community.

    Thirdly, we will need to rely increasingly on the competence of our security and police forces. They are much better resourced and have more power than ever before. Yet they are invariably asking for more money and more powers. And Prime Ministers and Premiers, wanting to be seen to be doing something usually agree

    But are our security agencies and police up to the job? There is no doubt that the Man Haron Monis case was seriously mishandled by both our security services and the police, including the botched rescue attempt. We have had very few convictions of alleged terrorists. The evidence presented in many cases has just not stood up. Why?

    Organisations that operate in secret and with a lot of untested information need close and effective supervision.  The Inspector-General of Intelligence and Security is under resourced to do the job.

    My experience is that our security services attract more ‘odd bods’ than I have found in any other organization. That experience was some time ago, but I doubt that much has changed. Ministers are easily seduced into the twilight world of fact, fiction, gossip and speculation. I have seen it many times. I have even fallen for it myself.

    In a recent article, ‘Narrow focus on radicalisation won’t stop terrorism’ Greg Austin, Visiting Professor at UNSW put the issue in the following way. ‘Radicalisation and terrorism are two different phenomena – legally, politically, psychologically and morally. While a terrorist is by definition radicalised, the mere fact of being radicalised does not explain the transition to terrorism – a choice for violence. In most scenarios, there are many “radicals” in any cause for each person who becomes a terrorist. A policy that screens radicals for terrorists is not workable or reliable, nor scientifically defensible. It will always record significant failures.’

    We won’t get on top of our current problems with terrorism whilst Malcolm Turnbull and others conflate radicalism and terrorism and pursue policies in the Middle East that foment terrorism at home.

  • Malcolm Turnbull’s NBN.

    The evidence continues to build that Malcolm Turnbull’s version of the NBN is failing on almost all grounds.

    Analysis by Monash University researcher, Richard Ferrers, shows that the fibre to the premises option would actually deliver better value than the fibre to the node alternative which Malcolm Turnbull has been advocating.

    In his latest newsletter, Renai LeMay draws on this research by Richard Ferrers. See link below:

    https://delimiter.com.au/2016/01/04/detailed-analysis-of-nbn-cos-finances-shows-fttp-better-value-than-fttn/

  • Cavan Hogue. Shia vs Sunni in Iran and Saudi Arabia.

    Saudi Arabia’s execution of a Shia cleric who criticised its policies has exacerbated the split between Shia and Sunni Nations. Politics and religion have come together in a way that will be familiar to anyone who knows Northern Ireland. Sunni Saudi Arabia is the home of the deviant puritanical Wahabi sect which is rejected by most Muslims but provides the theological underpinning for al Qaeda and ISIS. It is also a US ally and therefore an Australian ally.

    So we now have the Shia nations supported by Russia and the Sunni nations supported by the US and its Western allies facing off publicly. However, it is not that simple. There are other tribal and splinter groups to muddy the waters. Furthermore, Saudi Arabia and ISIS are out of the same stable and we may well ask how a nation that beheads people it doesn’t like differs from ISIS?

    This also brings out the differences between Western rhtetoric and practice. The US criticises Assad’s human rights record but is a close ally of Saudi Arabia. Presumably the Americans will use the defence Franklin D. Roosevelt made when attacked for supporting the brutal Nicaraguan dictator Anastasio Somoza: “I know he’s a son of a bitch but he’s our son of a bitch”. Foreign intervention is not really about other people’s human rights but the foreigners’ national interests.

    There is no end in sight to the imbroglio in the Middle East. The Coalition of the Willing opened Pandora’s box and a host of old enmities came flying out. Nations like Iraq and Syria are colonial creations which are not so much failed states as states that never really were states as we understand the term. Attempts to recreate entities that were held together by force are not likely to succeed. We are seeing a struggle for political influence based on religion between the two major powers: Sunni Arab Saudi Arabia and Shia Persian Iran. Even if they reach agreement a host of other isuues will remain. For example, the Kurds surely have as much right to a homeland as the Israelis?

    Australia can have no influence there and our participation in what is effectively a regional civil war can only make us a target for extremists. This is not a crusade for freedom and democracy but a mess which only the Arabs and the Persians can sort out for themselves. Talk about “evil” is not helpful and we need to play a no trump hand. An independent Australian foreign policy would not follow the US into yet another fine mess.

    Cavan Hogue was formerly Ambassador to USSR and Russia.

  • Allan Patience. Australia and the War in Syria.

    Repost from 02/09/2015

    Australia and the War in Syria: Perverting a Noble Vision in International Law for Ignoble Domestic Political Purposes

    In 2005 a summit of world leaders at the United Nations unanimously endorsed the doctrine of the Responsibility to Protect (R2P). Along with the establishment of the International Criminal Court, it constitutes one of the most noble contributions to international law, ever. Basically the doctrine declares that where a state is incapable or unwilling to protect its citizens, the international community should come to their aid. Intervention may take one or more of several forms: debt forgiveness, manageable loans, direct financial and logistical aid, sanctions, peace keeping operations and – as a very last resort – threatened or actual military intervention.

    Like so many modern legal and ethical advances, especially in international law, R2P has been honoured more in its breach than its observance. Since its endorsement by the United Nations, the international community has sat on its hands while vicious ruling elites around the world have unleashed mass atrocities on their pitiless subjects. The prime contemporary example is the criminal Assad regime in Syria. Where interventions in the name of R2P have been initiated (by the UN or other regional or global authorities), they have generally been too little too late, or so badly coordinated they have worsened the very problems they were intended to solve.

    It is surely ironic, therefore, that one of the main architects of R2P, Gareth Evans, and another former Labor Foreign Minister, Bob Carr, are now urging the Abbott government to accept the alleged “invitation” from President Obama to extend Australia’s bombing of Islamic State (IS) targets in Syria. They have suggested that this proposed intervention will be in the interests of the hapless victims of the Assad regime and IS, and other opposition elements in the horrific humanitarian catastrophe that is Syria today. That is, they want us to believe that it would entail a humanitarian intervention in line with the principles of R2P. Nothing could be further from the truth.

    The bombing campaigns presently being conducted by the United States, Canada, Turkey and other allies are classic illustrations of an inadequately resourced and disastrously coordinated campaign that amounts to much too little, far too late. It will not stop IS in its tracks, nor will it bring down the Assad government. Probably nothing short of a very large number of American, Saudi Arabian, Iranian, NATO and other allies’ boots on the ground will begin to achieve those objectives. As the world well knows, the likelihood of this happening is precisely nil.

    Meanwhile the Erdogan government in Istanbul is using the conflict as a cover for its brutal bombing of Kurds in southern Turkey and northern Syria and Iraq. Iran and Saudi Arabia are meddling in the various conflicts in Syria to wage a proxy war for their own nefarious purposes. Russia and China are blocking any genuine R2P attempts in the Security Council. And even if IS is destroyed and Assad and his ruthless cronies are toppled, there is no plan, no strategy, in place to bring order to the region and enable the tragically suffering peoples there begin to rebuild their lives.

    It is more than likely that extending bombing into Syria is illegal under international law. Moreover the puny contribution that the few sorties the RAAF is capable of mounting in Syria will be pointless as far as ending the conflict is concerned. Given the propensity for allied bombs to incur “collateral damage” it is inevitable that Australian warplanes will add to the wounding and killing of innocent civilians. Any attempts to dress this up as a humanitarian R2P intervention simply advances the despicable rationale advanced by Tony Abbott for plunging Australia more deeply into a conflict that makes no sense in terms of the country’s real security interests.

    Why then is Abbott urging the Americans to let Australia lend a hand in this unholy mess? Two morally grotesque answers immediately come to mind.

    First, yet again Australia is cozying up to the United States in the naïve belief that Uncle Sam needs constant assurance of our abject loyalty to the ANZUS alliance. The fact is that the US takes Australia’s uncritical support for granted, end of story.

    The second answer relates to Abbott’s electoral fortunes – or misfortunes. There is clearly a belief in the government that scaring the Australian electorate is the surest way of winning the 2016 election. This perverse rationale for recklessly spending Australian blood and treasure in an unwinnable, stupidly conducted, and cruel war reeks of the very basest kind of cynicism. Abbott’s strategy must be exposed for all to see what it truly is: a desperate and despicable attempt to cling on to power, no matter what the consequences for the country or for the world.

    It’s time for the Labor Opposition to take an unambiguous stand against sending Australian warplanes into Syria. Bill Shorten and Tanya Plibersek must denounce the plan in the strongest possible terms. They have to explain to the Australian people that their country’s involvement in Iraq and possibly Syria is in fact endangering their security, not protecting it. In addition, Labor needs to advocate a strategy for immediate withdrawal of all Australian troops and materiel from the Middle East. Bring the troops home. There is no way their presence there will end this terrible conflict or reduce the appalling suffering of the civilians on the ground.

    And Gareth Evans and Bob Carr should be turning their intelligent minds to theorizing a revised version of R2P. The first version has palpably failed. It needs a comprehensive rethinking. A future Australian government should be at the forefront of advocating the new version of this noble ideal at the United Nations and every other global forum it can attend. In the meantime compounding Abbott’s lie that America wants us by its side in Syria has to be treated with the utter contempt it deserves.

    Allan Patience is a foreign policy researcher in the Asia Institute, University of Melbourne.