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Two irreconcilable views of the ideological position of the Turnbull government are now in circulation. One, held by those who once had high hopes that Malcolm Turnbull would lead a small l liberal government, is that the Coalition clearly is conservative. The other, advanced by South Australian Senator Cory Bernardi when he deserted the ship to form the Australian Conservatives, is that the Turnbull government is not conservative enough, maybe not even conservative at all. Both views can't be right.
The commission's forensic scrutiny of past actions of church officials in no way constitutes an interference with the freedom of religion. Its spotlight is to be welcomed, provided only that it is shone on a truly representative sample of all institutions which have been found wanting and provided the same light filter is applied to all institutions. I do however have a problem with the commission making findings on issues like the want of compassion when those findings are made only against a Church.
'It will be your artists: the poets, painters, actors, dancers, musicians, orators - they will be the ones to lead the changes.' It was one of the many international invited guests, a Maori woman speaker, who made this prediction to the huge 40,000 strong crowd that marched to Hyde Park, Sydney, on 26 January 1988. In South Australia almost 30 years later, this prophecy continues to unfold in the high-stakes battle for country that surrounds the proposed nuclear waste dump.
For many years I felt that by changing the date we might come to a more inclusive national celebration. However the past few years of Indigenous activism have left me cynical. The things we were fighting for decades ago are very similar to the things we're still fighting for. Australia has not acknowledged and rectified its history; rather it seems content to reinforce its amnesia. It's therefore unlikely I will be able to stop protesting this celebration, regardless of the day it's held upon.
The Minister has committed to improving youth detention facilities, the appointment of 100 more staff, and revision of Victoria's youth detention policy. But in doing so, she has sheeted home blame to the former government, and has accused lawyers for the children of pandering to ideology. The government's discourse continues the tough-on-crime narrative rather than acknowledging the causes and contexts of juvenile offending and the consequences of appalling facilities on the youth who are detained.
Studies have found that in Australia, groups with the poorest financial awareness and skills are those under 25, those with no formal post-secondary education, those on low incomes and working 'blue collar occupations', and women. While it makes sense to provide these groups with financial information on home loans and super, this wouldn't have helped my mother when she had to decide between, say, buying groceries for the week or getting the car serviced.
So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.
'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
This damnable pursuit of Gillian Triggs must stop at once. Triggs is an outstanding independent statutory office holder, one of the many appointed by governments over decades to remind them of Australia's international human rights obligations and to oversee the functions of laws to mitigate social wrongs such as age, race, disability and sex discrimination in public arenas. But no government likes watchdogs on the moral and legal limits on its power.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
Australia's policy is unique and unrepeatable by other nations because it requires that you be an island nation continent without asylum seekers in direct flight from the countries next door and that you have access to a couple of other neighbouring island nations which are so indigent that they will receive cash payments in exchange for warehousing asylum seekers and proven refugees, perhaps indefinitely. The policy over which Turnbull presides is not world best practice. It's a disgrace.
'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.
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