sherb
Hall of Famer
"Winning the war?". He's already won it hands down.
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What an absurd attempt to rewrite history.The last attempt to become the first Australian Dictator was in 1944 when John Curtin used his popularity from the victory of the 1943 election to seize control of the economy by using the 1944 referendum as his justification.
Fortunately he lost and it help create the movement that became the Liberal Party.
Probably not too many people will be jailed at all.
Because that isn't really the aim of the legislation. The aim is to scare witless the people working in the coalface so they won't report any abuses that they see.
It's all about keeping people quiet. And threats of jail time are the means of achieving that.
DR SARAH GELBART: Our question is for the Shadow Minister for Immigration Minister and Border Protection, Mr Richard Marles. The World Medical Association has this week condemned attempts to silence doctors, stating the Border Force Act is in striking conflict with basic principles of medical ethics and, as such, has no place in a modern democracy. Did Labor read the Border Force Act and, if so, why did you rubber stamp this repressive law that turns advocacy into a criminal offence?
TONY JONES: Richard Marles?
RICHARD MARLES: Well, firstly, we absolutely support transparency and it is absolutely critical that doctors, nurses, lawyers, any contractor in a detention facility speak out when they see that there is something wrong. I mean, that's fundamental. People should understand in relation to the Australian Border Force Act and, Greg, you might want to know this too it makes it absolutely plain that the whistleblower protection, which applies across the public service, which is the basis upon which people speak out, applies in this situation as well. Now, in answer to that question, that's the very first thing we wanted to know in supporting the Australian Border Force legislation. And I hear what Larissa says in terms of our support for this.
TONY JONES: Does that mean a whistleblower can go public without threat of prosecution?
RICHARD MARLES: Well, that's what the whistleblower legislation absolutely does.
GREG SHERIDAN: No, that’s not true Richard. That’s wrong. Protected information and a designated person cannot go public in the normal course of things under whistleblower legislation.
RICHARD MARLES: Whistleblower protection absolutely allows you to go public, well, firstly, if there is an emergency, you can go public straightaway and in circumstances where you see that there is something wrong and you’ve pursued it through the avenues and you’ve got no recourse, you’re able...
GREG SHERIDAN: Yes, if you've done all that first.
RICHARD MARLES: Yeah, and, well, you’re able to make it public and that’s what’s important here and can I say there was a Senate inquiry into this, in which we sought to examine exactly this and assurances were given during the Senate testimony on that and the unanimous support report of the Senate absolutely said that all those protections were in place and an author of that report was Sarah Hanson Young. I mean she was the author of that report.
LARISSA WATERS: No, (indistinct) a dissenting report.
RICHARD MARLES: No, there was no dissenting report. There was a unanimous report on that in which Sarah Hanson Young was absolutely a signatory and now what you see is a very an easy road for the Greens and others to go down. I mean, it was on the basis of that, in answer to this question, that we supported the Australian Border Force legislation. But let’s be clear, doctors, nurses, everyone should speak out if there is something wrong and they see something wrong and the silence from the Government in relation to this has been an absolute disgrace since the moment that this was raised. If there is any doubt about it at all, we ought to have the Government out there straightaway expressing their support for the right of people to speak out, but instead what you've got is complete silence on their part and it is appalling.
GREG SHERIDAN: The Government, in fairness - the Government has expressed their right but, you know, as someone who doesn't hate the Government, I’m not satisfied if the legislation says you can go to jail for two years for breaching protected information, the whistleblower act does not allow you to breach that information publicly and I'm not satisfied that that draconian penalty should be in the legislation against doctors and nurses and health workers. If it is never going to apply to them, exempt from the legislation.
RICHARD MARLES: The whistleblower protections apply to people who are in customs, always have, and apply to people who are now...
GREG SHERIDAN: They don't let you go public.
RICHARD MARLES: They absolutely let you go public.
GREG SHERIDAN: No, you’re wrong there.
RICHARD MARLES: This was...
(MULTIPLE PEOPLE TALK AT ONCE)
GREG SHERIDAN: You’ve got to go through the whole (indistinct)...
RICHARD MARLES: Let’s be clear...
TONY JONES: Can I just ask a quick question on this? If you attempt to take your complaint through official channels and you get the answer you can't go public on this because these are effectively on water matters or and in detention centre matters, what's your next recourse? Can you then go to a journalist and tell them what’s happened without fear of prison?
RICHARD MARLES: That is absolutely right and that’s our understanding.
GREG SHERIDAN: That’s wrong.
RICHARD MARLES: But let’s be - I mean, if you want Labor's view on this...
TONY JONES: Why is it not the understanding of all these doctors?
RICHARD MARLES: Well, what we ought to be hearing from the Government right now is them answering the concerns of the doctors and coming out and standing up for people's right to speak out and I think that's ultimately the point that we land on here. That's what we think should happen. The Government's silence on this has been hopeless, as it has been on a whole lot of areas in relation to this area of policy and there is no question that if doctors see something wrong, they ought to be able to speak up and they ought to be able to do that without any fear of prosecution and the Government should give confirmation on that.
TONY JONES: Okay, Larissa Waters, do you understand that to be the case?
LARISSA WATERS: Well, look, I think the very existence of uncertainty here at the interaction of two different laws will have a chilling effect on people's confidence in speaking out. If people think they might face two years in jail, they’re not going to get extended legal advice. They just want to know that they can speak out and reveal children being sexually abused, people being maltreated. Doctors shouldn't have to call their lawyers first if they witness that sort of treatment. So this has a chilling effect. It is exactly why we moved amendments to actually allow the media, the Commonwealth Ombudsman, some sort of oversight for these detention centre facilities so that you’re not simply putting all of the onus on health workers, other workers in those facilities. We need some transparency and scrutiny here and I do agree with you, Richard, that the Government has utterly resisted that to date and it is to great shame. Australian taxpayer dollars are being spent on keeping these facilities open. The atrocities that are perpetrated in those facilities, people have a right to know and I think if we knew more about what was going on inside them, people would be horrified and they would say that's not the Australian way.
RICHARD MARLES: Well, we’re in (indistinct) agreement there.
GREG SHERIDAN: No, no, it’s not right to gang up on the Government here. Just read the legislation. The legislation says if it is protected information and you’re a designated person, you can't reveal that information. That is not overridden by whistleblower protection.
RICHARD MARLES: It is absolutely overridden by the whistleblower legislation and it was the subject of debate in front of the senate.
GREG SHERIDAN: It is absolutely not. It is the same obligation that goes to Federal Police people. It’s the same obligation that goes to ASIO people and it is very explicitly not overwritten by...
RICHARD MARLES: It is not the same obligation that goes to ASIO.
GREG SHERIDAN: It is.
RICHARD MARLES: It isn’t.
GREG SHERIDAN: The Government’s briefing notes. I don’t know if you’ve read the legislation, Richard...
RICHARD MARLES: I have.
GREG SHERIDAN: But it is very clear that whistleblower legislation does not allow you to go to a journalist and I'm not even saying people should necessarily be allowed to go to a journalist, but they shouldn't face two years in jail for doing so.
RICHARD MARLES: Well, Greg, it just wrong. It went through the Senate inquiry. It was debated at length. There is a unanimous Senate report which, as I say, has Sarah Hanson Young's signature on it. We wrote to the Government asking exactly these questions. I have a letter from the Minister giving precisely the assurances that you’re now saying is not right.
GREG SHERIDAN: It's not in the legislation, Richard. You’ve just got to read the legislation.
RICHARD MARLES: Yeah, and the legislation makes it clear that it is to be read in terms, you know, subject to all the other Federal legislation which exists, which the Public Interests Disclosure Act is one. But, listen, it shouldn't be me who’s coming out here and defending this. We ought to be hearing from the Government. If you are a doctor, that's who you want to hear from. I mean, but Larissa is absolutely right...
TONY JONES: But you’re basically saying - can I just interrupt?
RICHARD MARLES: ...were ought to have more transparency.
TONY JONES: You’re basically saying that the Government got this right?
RICHARD MARLES: What I'm saying is that the Government has a role to be out there and giving clarity and certainty to doctors.
TONY JONES: But you’re saying that the Government got this right, that the legislation is appropriate and that you have all the (indistinct) you want?
RICHARD MARLES: I do actually think - I do actually think that the doctors have got it wrong here. That’s my understanding and I’m...
TONY JONES: Okay. So the Government's got it right?
RICHARD MARLES: Well, maybe but the point is that we ought to hear the Government out there now giving a sense of security to everybody that they have a right to speak out and...
TONY JONES: But isn't that what you’re doing on their behalf?
RICHARD MARLES: Well, which is not good enough. It would be much better if the Government were here doing it or elsewhere.
He's just committed suicide (political suicide, physically he is fine but he's dead politically)
I really don't understand where you are going with your post in this thread.
Are you suggesting that Mr Joyce would be jailed if he went on Q & A?
Punter, Mr. Joyce is the deputy leader of the National Party. Abbott can't tell him where and when he can appear on telli or any other place, surely?
It would be like Gillard telling Windsor "don't you go on that show!" or telling one of the Greens to shut their gob.
What's to get up in arms about? Both parties have had lots of criticisms about this policy.Noone cares about Richard Marles impassioned defense of the border force act on Q and A?
I thought since it was such a big deal that Bfers would be chomping at the bit to get their knives in....
And this was about when Tony Jones really stuck it in...
What are you trying to say?Noone cares about Richard Marles impassioned defense of the border force act on Q and A?
I thought since it was such a big deal that Bfers would be chomping at the bit to get their knives in....
And this was about when Tony Jones really stuck it in...
What an absurd attempt to rewrite history.
In 1942, there began a Constitutional Convention so as to "thrash out" between the states and the Federal Government what needed to be done in order to rebuild Australia after WW11. It was eventually agreed by all that the "Fourteen Powers" Referendum which the Convention had agreed that adequate powers for postwar reconstruction should be conferred on the Commonwealth Parliament for a period of five years and at the completion of the five years would end, would be put to the people.
Can you support this with anything? Or is it your opinion of what happened?The ABC could have made the point better with someone more credible. They chose Mullah and drove him to the studios with no red flags going off in their heads.
Poetic licence then?I believe there are more questions submitted by Q&A audience members than they have time to use, so they select questions to use. Mr Mallah admitted he boarded a bus paid for by the ABC to get from Parramatta to their Ultimo studios in a radio interview.
All this could have been avoided, and the issue still raised and dealt with, if someone else had asked the question.
Mal pretty much just pissed on the cowards jackboots.
Surely he would've made sure he has/d the numbers this time.....
IT IS ON.
Noone cares about Richard Marles impassioned defense of the border force act on Q and A?
I thought since it was such a big deal that Bfers would be chomping at the bit to get their knives in....