The Two Rules are:
1. If there is no fuel it cannot burn.
2. It cannot burn twice.
As the townships and villages are re-building is any attention at all being paid to these rules ?
Are all the Government organisations involved and all the "concerned" green organisations going to let it happen again .
To little, too late, too stupid, too crass.
Monday, August 10, 2009
Reserve Bank of Australia - Treasury Research
There is still no explanation why the research functions of these organizations did not pick up on sub-prime mortgages or the dangers of Lehman Bros junk investments. The markets should have been continuously monitored and advice published as a continuous practice. Local Councils, which are missing $700m +, should be suing the Reserve Bank. The breach of trust involved was a egregious. The RBA was under statutory duty to act to protect the Australian public and no number of exchange of letters between it and Treasury makes the slightest difference to the RBA's duty. The only questions is whether the civil law of negligence applies. This matter hopefully will eventually receive the attention of the High Court of Australia.
Wednesday, August 5, 2009
OzCar and Godwin Grech Not A Complete Write Off
Godwin Grech is not a complete write off. In his article, really an apologia, in SMH (05 07 09)he says that he was told that the back up servers failed on 3 critical days. He says he was told that if he received an email from Dr Charlton then it had been deleted the same day. This seems to be saying that if that happens he cannot get a copy ie his records are dependant on the some main servers. He seems to be implying that he made up a "fake/fresh" copy from his recollection. Or what ?
It is not my understanding that deleted emails cannot be traced in some manner.
Independent forensic specialists should be employed.
But what if some representations were made ? It cannot be the case that a PM cannot pass on (with some approval) a matter concerning a constituent. The PM's constituents should not have less rights than a plain MP.
I all depends on how it is done.
Godwin Grech says that it was made clear to him by Andrew Thomas of the Treasurer's office that Grant was to be attended to in the light of his relationship with the Treasurer and the Prime Minister. What does Andrew Thomas say ?
There is a difference between saying, "Make sure he gets on the list." and "He is to get a grant."
And many things are not clear. Was Godwin Grech left alone because Credit Suisse was to do all the work, and Godwin Grech was to supervise only, or is it just another of those unholy messes ?
And not all those concerned seem to have any clear idea of how to secure equity and probity. Not that one would overmuch expect such qualities of those concerned. Merchant bankers are the classical short sellers. So why give themthe job of doling out public in a crisis ?
And what about the numerous possible breaches of the Commonwealth Crimes Act by sundry and whoever. Equity and probity not seem to penetrate some peoples' consciousness at all.
And what is to happen to poor old Godwin. People in his state of health ought to be employed in research; not on the front line.
He seems to need a good lawyer and maybe the whole lot do. He seems to be suffering pain and depression amounting to shell shock. But what are we to think of him being a "source" ? And Turnbull's using him as a "source" ?
"The whole world is mad except thee and me and even thee's a little queer."
It is not my understanding that deleted emails cannot be traced in some manner.
Independent forensic specialists should be employed.
But what if some representations were made ? It cannot be the case that a PM cannot pass on (with some approval) a matter concerning a constituent. The PM's constituents should not have less rights than a plain MP.
I all depends on how it is done.
Godwin Grech says that it was made clear to him by Andrew Thomas of the Treasurer's office that Grant was to be attended to in the light of his relationship with the Treasurer and the Prime Minister. What does Andrew Thomas say ?
There is a difference between saying, "Make sure he gets on the list." and "He is to get a grant."
And many things are not clear. Was Godwin Grech left alone because Credit Suisse was to do all the work, and Godwin Grech was to supervise only, or is it just another of those unholy messes ?
And not all those concerned seem to have any clear idea of how to secure equity and probity. Not that one would overmuch expect such qualities of those concerned. Merchant bankers are the classical short sellers. So why give themthe job of doling out public in a crisis ?
And what about the numerous possible breaches of the Commonwealth Crimes Act by sundry and whoever. Equity and probity not seem to penetrate some peoples' consciousness at all.
And what is to happen to poor old Godwin. People in his state of health ought to be employed in research; not on the front line.
He seems to need a good lawyer and maybe the whole lot do. He seems to be suffering pain and depression amounting to shell shock. But what are we to think of him being a "source" ? And Turnbull's using him as a "source" ?
"The whole world is mad except thee and me and even thee's a little queer."
Tuesday, August 4, 2009
Rape & UK Deputy Prime Minister Juliet Harman: Rejects Departmental Submission
Rape is under reported, the conviction rate is far too low, allegations of rape are treated with initial unjustified suspicion and the experience of women reporting rape (who used to be called prosecutrices) too harrowing.
There is little evidence in the media that there is equal concern that alleged perpetrators may be sent to gaol for substantial periods on evidence which is ambiguous or ambitious.
There is no doubt that the acquittal rate of those cases which come to trial is very high.
Why is this so ?
Juries these day are usually of mixed composition and it it fair enough to say that every jury is likely to have women and men who are fathers in the panel. Neither group is likely to be in favour of irresponsible verdicts.
So the reason might be found elsewhere. We are dealing with one of the most fundamental drives in human beings.
Human beings are fundamentally animals.
To get the idea of how fundamental it is one could almost use the word "zoological".
No other activity is likely to generate more insecurity about the truth of the matter than sexual intercourse; the more so if alcohol has intervened.
Juries know this and no re-jigging of the law is likely to make much difference unless the onus of proof is reversed and the onus fall on the accused to prove innocence.
Juries will convict almost like a flash if there is evidence of violence or domination or breach of duty but otherwise draw a very beady eye on the evidence.
This may leave us in fact with the idea that the only real solution is to raise the level of civilized conduct of the whole society.
But after the sexual revolution of the '60's can that be done ?
And was such a thing every possible ?
There is little evidence in the media that there is equal concern that alleged perpetrators may be sent to gaol for substantial periods on evidence which is ambiguous or ambitious.
There is no doubt that the acquittal rate of those cases which come to trial is very high.
Why is this so ?
Juries these day are usually of mixed composition and it it fair enough to say that every jury is likely to have women and men who are fathers in the panel. Neither group is likely to be in favour of irresponsible verdicts.
So the reason might be found elsewhere. We are dealing with one of the most fundamental drives in human beings.
Human beings are fundamentally animals.
To get the idea of how fundamental it is one could almost use the word "zoological".
No other activity is likely to generate more insecurity about the truth of the matter than sexual intercourse; the more so if alcohol has intervened.
Juries know this and no re-jigging of the law is likely to make much difference unless the onus of proof is reversed and the onus fall on the accused to prove innocence.
Juries will convict almost like a flash if there is evidence of violence or domination or breach of duty but otherwise draw a very beady eye on the evidence.
This may leave us in fact with the idea that the only real solution is to raise the level of civilized conduct of the whole society.
But after the sexual revolution of the '60's can that be done ?
And was such a thing every possible ?
Grech Imbroglio - Can we do better ?
This affair is surreal.
Many offences against the Commonwealth Crimes Act by more than one party seem to be involved.
Leaders do not deal with spies for reasons which this affair illustrates.
It may be that one of the principals has been in a borderline physical and mental health condition for many years.
Even so, that he seems to have thought what he was doing was somehow a practical course of conduct, may show both the some of upper public service and upper political leaders in a poor light. The infection is likely to be general ?
The media reports are confusing. The text of the Auditor General's report should be extracted at length and published in papers like the Australian.
Many offences against the Commonwealth Crimes Act by more than one party seem to be involved.
Leaders do not deal with spies for reasons which this affair illustrates.
It may be that one of the principals has been in a borderline physical and mental health condition for many years.
Even so, that he seems to have thought what he was doing was somehow a practical course of conduct, may show both the some of upper public service and upper political leaders in a poor light. The infection is likely to be general ?
The media reports are confusing. The text of the Auditor General's report should be extracted at length and published in papers like the Australian.
General Search Warrants Again ?
Is this a thinly disguised General Search Warrant ?
Law Enforcement (Powers and Responsibilities) Amendment
(Criminal Organisations) Regulation 2009
under the
Law Enforcement (Powers and Responsibilities) Act 2002
Published LW 31 July 2009
Form 9B Criminal organisation search warrant
(Clause 6 (1) (a2))
(Power)
(h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by a police officer in the ourse of executing this warrant that the police officer believes on
reasonable grounds is connected with any offence
Law Enforcement (Powers and Responsibilities) Amendment
(Criminal Organisations) Regulation 2009
under the
Law Enforcement (Powers and Responsibilities) Act 2002
Published LW 31 July 2009
Form 9B Criminal organisation search warrant
(Clause 6 (1) (a2))
(Power)
(h) to seize, detain, remove from the premises or guard anything mentioned in this warrant and any other thing found by a police officer in the ourse of executing this warrant that the police officer believes on
reasonable grounds is connected with any offence
Monday, August 3, 2009
Protecting the Public From Delinquent Public Servants
Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102
A government employee committed sundry indecent acts on inmates of a home. The Gov & Related Employees Appeal Tribunal (GREAT ) gave a decision which mixed protective aspects of an order with punishment, correction and treatment of an employee. The NSW Court of Appeal decided that order made to exercise of protective functions could not be so mixed. This decision may be criticizable as not sufficient attention may have been paid to how orders may be moulded. If the Dept had a central store then a job as a packer may be wholly protective as well as being a punishment and a learning experience.
A government employee committed sundry indecent acts on inmates of a home. The Gov & Related Employees Appeal Tribunal (GREAT ) gave a decision which mixed protective aspects of an order with punishment, correction and treatment of an employee. The NSW Court of Appeal decided that order made to exercise of protective functions could not be so mixed. This decision may be criticizable as not sufficient attention may have been paid to how orders may be moulded. If the Dept had a central store then a job as a packer may be wholly protective as well as being a punishment and a learning experience.
Secret Commonwealth Administrative Error Compensation Scheme
Excerpts
Compensating for agency error—3 August 2009
Download the report:
Putting things right: compensating for defective administration—Administrating of decision-making under the scheme for compensation for detriment caused by defective administration [pdf]
Media contact: Fiona Skivington, Director Public Affairs 0408 861 803[top]
ISBN 978 0 9806726 2 6
Date of publication: August 2009
Publisher: Commonwealth Ombudsman, Canberra Australia
© Commonwealth of Australia 2009
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part
may be reproduced by any process without prior written permission from the Australian
Government, available from the Attorney-General‘s Department.
Requests and enquiries concerning reproduction and rights should be addressed to the
Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General‘s
Department, National Circuit, Barton ACT 2601, or posted at http://www.ag.gov.au/cca.
Compensating for agency error—3 August 2009
Download the report:
Putting things right: compensating for defective administration—Administrating of decision-making under the scheme for compensation for detriment caused by defective administration [pdf]
Media contact: Fiona Skivington, Director Public Affairs 0408 861 803[top]
ISBN 978 0 9806726 2 6
Date of publication: August 2009
Publisher: Commonwealth Ombudsman, Canberra Australia
© Commonwealth of Australia 2009
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part
may be reproduced by any process without prior written permission from the Australian
Government, available from the Attorney-General‘s Department.
Requests and enquiries concerning reproduction and rights should be addressed to the
Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General‘s
Department, National Circuit, Barton ACT 2601, or posted at http://www.ag.gov.au/cca.
Subscribe to:
Posts (Atom)
