Labor MP accused of rorting union credit Part II

Discussion in 'Australian Politics' started by tazzietiger, Apr 5, 2012.

Put it out there
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  1. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    Griffith is just the silk from central casting - you know Kings School, UNSW, Rosebay Rugger Club - does some admin law but is mostly an appellate court commercial boy. The same can't be said for the person advising Abetz who is a great fella but long time Liberal party connected (has been offered pre-selection a number of times) and was on the executive of the HR Nicholls society.

    Look I don't want to appear that I condone or forgive any of the shit that has happened on this - but Bernadette is the least culpable.

    The whole thing is disgusting
     

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  2. Donners

    Donners Premiership Player

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    Re: Labor MP accused of rorting union credit

    Presuming it is a similar process to the OPP here, they normally act on a police brief, which contains statements and evidence which would be tendered in court.

    They can direct police enquiries such as recommending certain witnesses give statements or further statements, recommend expert reports and ultimately recommend charges (though the final discretion to charge is with police).

    However, I think they would be well within their rights to say that what they have been presented with is not anything like a police brief, and therefore is not something they are in a proper position to give advice on.

    I know that incomplete briefs forwarded for opinion are often returned to police stating that it is not in a sufficient state to give advice on, and this material is not even at that standard.
     
  3. tandino

    tandino Norm Smith Medallist

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    I can only imagine the meeting between the FWA and the DPP went down a little like this.

    [youtube]bU6m5UqLx9M[/youtube]
     
  4. Total_Juddshanks

    Total_Juddshanks Premiership Player

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    I don't think I have ever in my entire life been as angry about something related to politics as I am about this.

    Its not even about Thomson anymore, the supposed 'public servants' at FWA should see the inside of the prison cell themselves.
     
  5. GuruJane

    GuruJane Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    Thanks, but my question related to the Sol Gen's (apparent) advice to FWA that it did not have power or discretion to assist police inquiries.

    Receiving no assistance from Contra, I Looked up Sec 655(2)(b) of Fair Work Act 2009 to find:

    http://www.fwa.gov.au/documents/legislation/fw_act/FW_Act-04.htm#P8707_771147

    !!!!!!

    One assumes that Sol Gens advice boiled down to "It's only "may" so you don't have to."

    I am thinking that O'Neill is not a stupid person and must know very well what she is engaged in.

    On report going to DPP, O'Neill says in her press release she is again acting on advice of Sol Gen.

    Strange that Sol Gen doesn't realise that Report without evidence is useless to a DPP? :) Still, same Sol Gen said the Malaysian Solution would survive High Court.

    This is blackly hilarious.
     
  6. GuruJane

    GuruJane Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    I guess you know her. But can't buy the "stitched up" argument. She must have known when she took the job what she was getting into.

    Gather from Fair Work Act the general manager is appointed by the Gov-Gen, so this means is appointed by Minister, ie the John Elliott of the Club.

    Labor sinking in its own self made sewer hole.
     
  7. cancat

    cancat Account Cancelled by User

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    Re: Labor MP accused of rorting union credit

    Stuart Wood SC agrees with you and goes further.

    He says O'Neill's interpretation is "inconsistent with the intention of the parliament" to make unions accountable, and its intention that FWA should "disclose information to relevant police forces".

    ...Her position could lead to "absurd outcomes", he says, drawing a comparison to the discoveries of the activities of the Federated Ship Painters and Dockers Union.

    "Do the general managers really contend that if they discovered, during the course of their investigation, the type of criminality associated with that union - namely drug importation, tax evasion, robbery, assault and murder - that they are prevented by the statute from providing such information to . . . the state or federal police forces?"


    http://abetz.com.au/pdf/2012-03-12legaladvice.pdf
     
  8. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    As I said Stuey Wood is a great fella but a long time Liberal apparat and H R Nicholls Society member. Kroger has been trying to get him to stand for a federal seat for years
     
  9. tazzietiger

    tazzietiger Premiership Player

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    Surely there is amendments the govt could and should make to the FWA in the wake of this fiasco for it never gets repeated.
     
  10. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    She was working in the FWA already and was regarded as a very effective public servant - and can I reiterate - not a fan of cover ups and nepotism.
     
  11. Eagle87

    Eagle87 Premium Platinum

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    Re: Labor MP accused of rorting union credit

    Can you actually pick a hole in the advice provided or is an attempt to diminish his advice by pointing out his background all you have?

    I mean when O'Neills background and actual actions in this matter are brought up as "smear" you are dismissive of them based on your observations of her charachter but when Wood is mentioned you place greater weight on his background. A tad inconsistent methinks ...
     

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  12. GuruJane

    GuruJane Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    I understand.

    Most valuable gift that Labor has bestowed on opposition apart from carbon tax. More valuable than the boats. Because it is going to continue playing heavily in NSW and Qld right through to the election with one revelation after another, one cover-up after another. And it is past the point of no return where Labor could have retrieved or ameliorated situation.
    Have been struck by the sheer disgust Labor commentators like Greg O'Mahony and Troy Bramston have been heaping on govt this week.
    Morgan F to F (apparently pj doesn't get tweets when the news is bad :) Labor primary vote down to 32. Given that the F to F overestimates Labor primary by 3% that means 29 in effect.

    An incoming coalition govt will have a big mandate to overhaul FWA legislation in relation to union accountability to its members in line with public standards. And any planned workchoices scare campaign is being systematically deballed. No wonder ACTU panicking.
     
  13. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    He is a good bloke and a very honorable opponent mate - I do not question Stuey's professionalism - just that the advice was not paid for - it was given for nothing. Given his background (and the fact that he charges like a wounded bull for everything else he does) why would be be giving that advice to that person
     
  14. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    As I said there was a group of us who lead the charge against calling the prosecutorial function, the Tribunal and the Administrative arm Fair Work Australia - now the confusion and lack of understanding on who does what will lead to the destruction of innocents including what was left of the great institution of conciliation and arbitration in this Country who are not involved in this in any way
     
  15. GuruJane

    GuruJane Brownlow Medallist

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    Re: Labor MP accused of rorting union credit

    Ah, is this why you won't give us the benefit of your opinion on Sol Gen's advice re FWA powers? :) Lawyers!
     
  16. cancat

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    Re: Labor MP accused of rorting union credit

    All irrelevent. What part of his advice do you disagree with?
     
  17. Eagle87

    Eagle87 Premium Platinum

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    Re: Labor MP accused of rorting union credit

    No doubt because he saw an opportunity to advance the interests of those whose views he supports....

    Certainly never a consideration for anyone else doing pro bono work ;)

    That said, so what, is there anything wrong with the advice given? I mean I work in a completely different area but I reckon I could have written that advice as the facts do appear fairly straight forward.
     
  18. Contra Mundum

    Contra Mundum Brownlow Medallist

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    Fair cop on the pro bono. I am the only idiot that does pro bono work that detracts from his professional career! As I say Stuey is an honourable bloke and someone you can have a beer with (the same cannot be said for some other of the amoral grubs involved in this debacle).

    I think Stuart's advice is defensible from a legal point of view but I don't think he contextualised the powers in the broader context of the legislation and its objects.
     
  19. Dry Rot

    Dry Rot Fire in the hole!

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    Noose tightens around the neck of Williamson

    http://www.smh.com.au/nsw/health-union-boss-losing-his-empire-20120407-1wi72.html

    His position has been good to him and to his wife

    Looks like everyone is doing something about these scum except the Gillard and her govt...
     
  20. King Elvis

    King Elvis Hall of Famer

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    Those Board positions should all be looked at; my Labor mate, mid 20s, is on a couple - about $20k per annum for a dozen or so meetings a year.
     
  21. Visions

    Visions Club Legend

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    Too bad for Williamson that he isn't a Labor member in the house of reps. Would then be a guarantee that nothing would happen to him.
     
  22. noddy

    noddy Brownlow Medallist

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    What a strange thing to say.
     
  23. Eagle87

    Eagle87 Premium Platinum

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    Surely you can't be serious?
     
  24. Visions

    Visions Club Legend

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    Why? You can only go on current history, and that speaks volumes.

    If the situation changes I will happily withdraw my statement. Until then it stands.
     
  25. harmesy 37

    harmesy 37 Club Legend

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    So in summary we have a corrupt and morally bankrupt govt (oh and incompetent on everything from managing the GFC - huge waste of excess and reckless spending - to pink batts, to the broadband etc) that now has wiped its grimy little hands clear of the Craig Thomson affair as

    1) the fair work tribunal (with high ranking officials selected by Gillard) handing the investigation over to a govt dept that doesn't have the power to act and

    2) deciding it doesn't want to see the police investigation on the advice of a govt attorney general.

    morally bankrupt....that is the only conclusion one can come to.
     
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