democratic culture in Australia Flashcards

1
Q

history (colonial rule)

A
  • Colonies formed own governments
  • Governor acted on behalf of British monarch
  • 22 May 1856 a bicameral New South Wales
    Parliament opened and sat for the first time
  • British Parliament could still over-ride colonies and make laws for them
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2
Q

history (federation)

A
  • Commonwealth of Australia Constitution Act commenced on 1 January 1901
  • In 1901 most adult male Australians (aged 21+)
    had the right to vote
  • universal Aboriginal suffrage granted in 1962
  • voting age all Australians lowered to 18 in 1973
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3
Q

accountability

A
  • checks and balances on the exercise of government authority citizens can hold people with power responsible for their decisions
  • parliaments (legislature) hold government (executive - Prime Minister & Cabinet) to account
  • monitoring the intended and unintended consequences of laws they pass
  • checking whether public money is spent efficiently and efficiently
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4
Q

accountability- Westminster system

A
  • Prime Minister must have the confidence of the House (No Confidence Motion)
  • Government held to account by institutions like Question time and customs such as Ministerial Responsibility
  • independent public service and an independent judiciary that applies the rule of law
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5
Q

accountability-Institutions - accountability between elections

A
  • Royal Commissions - highest form of independent public inquiry
  • National Anti-Corruption Commission (NACC) - commenced 1 July 2023
  • Investigates and reports corrupt govt conduct
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6
Q

functioning of government (Traits identified by The Economist Democracy index)

A
  • popular trust in democratic institutions
  • integrity
  • transparency
  • accountability
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7
Q

participation (Compulsory Voting)

A

The Commonwealth Electoral Act 1918, section 245(1), states: ‘It shall be the duty of every elector to vote at
each election’.

  • > 90% eligible voters participate in Federal elections
  • increase participation better reflect will of electorate & parties must consider total electorate in policy formulation
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8
Q

rule of law

A

*The law is applied equally and fairly

  • No one is above the law

*presumption of innocence

*fair and prompt trials

*open independent and impartial judiciaries

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9
Q

elections (Australian Electoral Commission)

A
  • AEC = Independent umpire in elections
  • Respected by all political actors
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10
Q

pluralism

A
  • refers to a state that has a balanced representation of groups in politics and culture

*a pluralist society allows its members to express their beliefs freely

*including/considering many different types of people, with different beliefs , opinions, and needs

*theory that power shared between many groups produces the best outcomes

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11
Q

CIVIL RIGHTS- The International Covenant on Civil and Political Rights (COPR) aims to ensure the protection of civil and political rights including:

A
  • Freedom from discrimination
  • Right to equality between men
    and women
  • Right to life
  • Freedom from torture
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12
Q

political culture

A

*degree of support in general for democracy

*societal consensus and cohesion to underpin a stable, functioning democracy

*perception that democracy benefits economic performance

*trust in government and the democratic institutions

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13
Q

functioning of government (royal commissions)

A
  • highest form of independent public inquiry
  • matters of public importance
  • rare and exceptional circumstances
  • find out why events happened
  • work out who is accountable
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14
Q

functioning of government (national anti-corruption Commission (NACC))

A
  • independent Australian Government agency
  • detects, investigates and reports
  • corrupt conduct in the Australian Government public sector
  • educates the public service and the public about corruption risks and prevention
  • commenced operations on 1
    July 2023
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15
Q

participation (civic participation)

A

*many follow politics through media/social media

*voters can write to their local member of parliament; petition and protest; advise Parliamentary Committees

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16
Q

functioning of government (Right to take part in public affairs and elections)

A
  • guarantees the right to stand for public office (any Aust citizen over 18 can stand for Parliament)
  • vote in elections
  • have access to positions in public service
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17
Q

factors of functioning of government according to (UN International Covenant on Civil and Political Rights (ICCPR))

A
  • freedom of expression
  • right of peaceful assembly
  • freedom of association
  • right to participate in public affairs right to equality before the law
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18
Q

plurality (Australia: The right to take part in public affairs and elections)

according to article 25 of the UN International Covenant on Civil and Political Rights (ICCPR):

A
  • The right to take part in public affairs and elections is contained in article 25 of the UN International Covenant on Civil and Political Rights (ICCPR):

*Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

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19
Q

plurality (Right to take part in public affairs and elections draws on other parts of the ICCPR:)

A
  • self-determination in article 1 (ICCPR)
  • freedom of opinion and expression in article 19 (ICCPR)
  • right to peaceful assembly in article 21 (ICCPR)
  • freedom of association in article 22 (ICCPR).
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20
Q

elections (Compulsory Voting)

A

*Ensures high rate of participation
* —> increase legitimacy of elected governments (mandate)

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21
Q

elections (Preferential voting in the House of Reps )

A

*stable governments & clear parliamentary majorities
* Encourages plurality

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22
Q

elections (Proportional Representation in the Senate)

A

Plurality - Independents & minor parties represented

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23
Q

civil rights (Independent Advocates)

A
  • Human Rights Law Centre
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24
Q

civil rights (Australian Constitution)

A
  • does not have Bill of Rights
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25
Q

civil rights (Australian Human Rights
Commission (AHRC))

A
  • national human rights body
  • investigate /conciliate human rights discrimination & complaints
  • advise govts on laws & policy
  • review laws
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26
Q

statistics regarding democracy

A
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27
Q

drivers of public sentiment-civic knowledge and education

A

*understanding of democratic process, rights & responsibilities

*civic education = process of educating people with knowledge necessary to understand & participate effectively in their democracy

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28
Q

drivers of public sentiment -sources of information

A

where individuals obtain their news/info about politics & govt?

  • traditional media (e.g. newspapers, television)
  • social media platforms (e.g. Twitter/X, YouTube)

*family and friends

  • govt websites
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29
Q

drivers of public sentiment-social capital

A

*networks of relationships among people who live and work in a particular society, enabling that society to function effectively

  • participation in social activities & levels of trust in others
  • overall decrease participation community social events
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30
Q

drivers of public sentiment-wellbeing and life events

A
  • Wellbeing
  • physical and mental health
  • satisfaction with life
  • socioeconomic status

decrease satisfaction with democracy levels (Fig 3.9):
* women
* low-income individuals o residents in regional areas
* ppl aged 55-64
* ppl who X use public media in last year
*people born in Australia (compared to
immigrants)

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31
Q

Civic Engagement & Barriers to Participation- low levels of participation

A

*civic engagement = low

  • limited involvement in democratic activities
  • most common type of participation = voting (52% in state and territory elections and 37% in local council elections)
  • next most frequent activity = signing petitions
    (28%) of respondents.

less common engagement (10%)
* attending a protest, march or demonstration

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32
Q

concerns statistics

A

*‘We need to continue building upon what we’ve got to improve democracy in Australia’ which was selected by 28% of respondents

  • ‘We need to remove what we’ve got and start again to improve democracy in Australia’ which was selected by 12% of respondents

difference=characterized by concerns on corruption, integrity, foreign interference and fairness

“There are political systems other than democracy that will work better in Australia’ which was selected by 3% of respondents

  • ‘Not sure’ which was selected by 51% of respondents.
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33
Q

drivers of public sentiment-civic knowledge and education (statistics)

A
  • 39% = understand it ‘very well’ or ‘completely’
  • 5% say they understand nothing about Australian democracy
  • increase knowledge = increases satisfaction
  • decreases knowledge = decreases satisfaction
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34
Q

drivers of public sentiment -sources of information (statistics)

A

most trusted
* scientific/academic reports/newsletters (61%)
* friends and family (56%)
* government sources (53%)

least trusted
*social media (18%)

  • ^trust sources of info = ^satisfaction democracy
  • gaps in levels of trust
  • satisfied w/ democracy = trust in sources (65%)
  • dissatisfied w/ democracy = trust sources (24%)
  • egtrust in ABC (65% Vs 24%)
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35
Q

drivers of public sentiment -participation (statistics)

A
  • Highest = sport/recreation (39%)
  • Lowest = political events (7% participated in last year)

*increase involvement in social events organized by external groups = ^ satisfaction with democr

*people who actively took part in social events organised by external groups expressed being very satisfied or satisfied with democracy (63%)

  • satisfaction level of those who didn’t participate in activities = 51%
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36
Q

drivers of public sentiment-wellbeing and life events (statistics)

A
  • wellbeing and life events are linked with the way people feel about democracy

almost double the rate of dissatisfaction in some disadvantaged groups:

  • financial hardship (24%)
  • facing discrimination (21%)
  • education level lower than Year 12 (16%)
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37
Q

level of public trust in the Australian electorates statistics

A

source- Trust and satisfaction in Australian democracy 2023 national survey

  • 62% trust the Australian Electoral Commission
  • 54% trust the courts and the legal system
  • 50% trust the Federal Government (49% State/Council)
  • 26% trust political parties
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38
Q

Morrison ministries scandal- Secret swearing-In

A

during the coronavirus pandemic, PM Scott Morrison was secretly sworn in as Minister of 5 portfolios

  1. Department of Health (14 March 2020)
  2. Department of Finance (30 March 2020)
  3. Department of Industry, Science, Energy and Resources (15 April 2021)
  4. Department of Home Affairs (6 May 2021)
  5. Department of Treasury (6 May 2021)

effectively there were two Ministers for these portfolios, and existing Ministers were not informed

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39
Q

pep- 11 (Petroleum Exploration Permit 11) gas project-

Licence application overruled by Morrison

A
  • Asset Energy = company which sought to renew its licence and start exploratory drilling
  • Application initially approved by Minister Keith Pitt
  • Pep-11 proposal unpopular - adjacent electorates
  • licence approval threatened Liberal seats
  • sitting MPs faced an electoral threats from Teal independents and Labor

Dec 2021 Morrison used his new powers to overrule previous decision by the Minister to renew a gas-drilling licence

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40
Q

level of public trust in the Australian electorates- Checks and balances statistics

A
  • 75% of Australians = dissatisfied with our demo + concerned about the ‘checks to ensure politicians can’t abuse their power’
  • 76% of all Australians report checks on the abuse of government power as important but only 46% believe the govt are doing a good job at achieving this
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41
Q

Morrison ministries scandal- Most Cabinet Ministers had no knowledge it had happened

A
  • Minister Mathias Cormann (Minister for Finance)
  • Karen Andrews (Home Affairs Minister)
  • Josh Frydenberg (Treasurer)
  • Greg Hunt (Health) and Keith Pitt (Minister
    for Industry, Science, Energy and Resources) did know
42
Q

Morrison ministries scandal- Governor-General

A

Gov-Gen, David Hurley, signed Morrison in as Minister without the usual swearing in ceremony

the Governor-General was acting on the directions of the Prime Minister

43
Q

what did David Mcbride do

A
  • initially attempted to address concerns internally - ADF
  • stole 235 Defence documents (207 ‘secret’)
  • shared classified military documents with journalists
44
Q

who is David Mcbride

A
  • former military lawyer
  • Afghanistan
45
Q

why did David Mcbride do what he did

A
  • believed it was his duty
  • prove that some Special
    Forces officers in Afghanistan had been wrongly accused of war crimes
46
Q

what was David Mcbrides crime

A

McBride pleaded guilty to;

*theft of Commonwealth property

  • sharing with the press documents classified as secret
47
Q

The Brereton report

A
  • Inspector-General of ADF James Gaynor issued a Report (on 6 November 2020) to the Chief of the Defence Force, General Angus Campbell
  • Afghanistan Inquiry (‘Brereton Report’) conducted by Major General Paul Brereton (a judge of the NSW Supreme Court and Army Reserve Officer)
48
Q

The Brereton report findings

A

.* found credible information of war crimes committed by the ADF in Afghanistan b/w 2005-2016

  • 23 incidents of non-combatants unlawfully killed by or at the direction of Australian Special Forces, which may constitute the war crime of murder
    39 individuals were killed and a further 2 individuals were treated cruelly
  • actions of AFP members disgraceful+ profound betrayal of the ADF professional standards + expectations’
  • X make final conclusions on whether a criminal/ disciplinary offence had been committed by a specific person
  • found that credible information existed which, if substantiated, could –>criminal convictions
49
Q

significance of David Mcbride case Dan Oakes Afghan files-

A
  • June 5, 2019, the AFP turned up at the ABC
    Sydney offices with a search warrant
  • unprecedented - made news around the world
  • police didn’t find any secret documents at ABC
  • Oakes lived with prospect of being charged for more than a year
  • prosecutors finally decided it wasn’t in the public interest to charge him

McBride
* AFP persisted with the case against McBride

50
Q

which journalist did David Mcbride share the sensitive info with

A
  • Andrew Clark
  • Chris Masters
  • Dan Oakes

(Oakes later used the docs to publish stories revealing allegations Australian troops were involved in illegal killings in Aighanistan, even though that was at odds with McBride’s intention in sharing the documents)

51
Q

What happened to David Mcbride

A
  • charged by the Australian Federal Police
  • appeared in the ACT
    Supreme Court before Justice David Mossop
  • sentenced to five ears and eight months in jail
  • non-parole period of two years and three months
52
Q

Why was Mbride sentenced according to
Justice Mossop

A

‘It’s important to deter others from such conduct…They must know that breaching their legal obligations … will be met by significant punishment’

53
Q

Afghan files

A

discusses allegations of unlawful killings and other serious breaches of conduct by Australian troops, as well as the attempts to cover them up.

54
Q

significance of David Mcbride case - greens senator David Shoebridge

A

‘This is a shocking outcome that we’ve just seen happen with David McBride, facing … years behind bars for the crime of telling the truth…’

‘A chill has spread…. across anybody thinking about speaking up when they see wrongdoing, if they see a war crime, if they see abuse of public resources.’

55
Q

significance of David Mcbride case - independent MP Andrew Wilkie

A

‘the first person to go to jail over war crimes in Afghanistan, is the whistleblower…’

‘the government wanted to punish David McBride to send a signal to other insiders to stay on the inside and to stay silent.’

56
Q

incident one in Afghan files

A

-occurred in September 2013 -

deaths of a man and his six-year-old child during a raid on a house, as revealed yesterday by the ABC,

killing of a detainee who was alone with an Australian soldier and allegedly tried to seize his weapon.

57
Q

incident 2 Afghan files

A

-occurred in September 2013

Afghan man riding a motorcycle was killed by Australian troops, and a female passenger possibly injured,

58
Q

other incidents in the Afghan file

A

incidents, including the severing of the hands. of dead Taliban fighters by Australian troops…

59
Q

what did Afghan authorities threaten Australia with

A

Afghan authorities were becoming increasingly agitated over Australians allegedly killing of unarmed civilians, and threatened to stop working with Australians…

60
Q

Boyle conduct allegations non disclosure offer

A

2017 Conduct Allegations and a Non-Disclosure Offer

  • ATO offered Boyle a settlement deal, contingent on him signing a non-disclosure agreement, to resolve code of conduct allegations made against him
61
Q

charges against Boyle

A

January 2019 Boyle Charged

  • Boyle was initially charged with 66 offences, including
  • allegedly photographing protected information
  • disclosing protected information
  • unlawfully using listening devices to record conversations with other ATO employees
    DPP later reduced the number of charges from 66 to 24
62
Q

Boyle’s trials and appeal March 2023

A

March 2023, Boyle lost legal attempt to be granted immunity

Sth Australian District Court ruled Boyle not immune from prosecution under whistleblower protections

63
Q

Public Interest Disclosure Act 2013

A
  • integrity and accountability
  • commenced Jan 2014
  • framework - report suspected wrongdoing
  • Commonwealth public sector
  • timely and effective investigation of reports
  • support/protects person who makes disclosure
64
Q

Boyle’s trials and appeal 19 June 2024

A

19 June 2024, Boyle lost appeal in the Sth Australian Supreme Court

  • unanimously dismissed by judges
  • an interim suppression order on the reasons for the judgement has been imposed

*Boyle’s case will likely go back to the District Court where he is expected to face trial in Sept 2024

  • if convicted, Mr Boyle could face up to 46 years in prison
65
Q

Who can make a public interest disclosure?

A
  • ‘public official’
    *public servants
  • parliamentary service employees
  • service providers under a Clth contract
  • statutory office holders
  • staff of Commonwealth companies.
66
Q

How is ‘Public Interest’ defined?

A
  • ‘disclosable conduct’

*contravention of the law

*corruption

  • perverting the course of justice

*an abuse of public trust

  • wastage of public money
  • conduct = danger to health, safety, environment
67
Q

mark dreyfus

A
  • Attorney-General:
    Feb-Sep 2013 o June 2022 - present
  • Minister for the Public Service and Integrity
    Mar-Sep 2013
  • Shadow Attorney-General: 2013 - 2022
68
Q

Bernard collaery case

A

*When the Albanese government took office, it ended the whistleblower case against lawyer Bernard Collaery from the Coalition era

*Collaery had helped his client, Witness K, expose Australia’s ruthless espionage against
Timor-Leste

  • Attorney-general, Mark Dreytus, dropped the Collaery prosecution in July 2022
69
Q

proposed whistleblower protection commission

A

*At the 2019 election ALP promised to establish a whistleblower protection authority if elected
ie, a body to oversee and enforce whistleblowing laws and support whistleblowers

  • now the government is only promising to consider whether such a body is needed
  • Govt did not support a crossbench proposal to include the authority within the National Anti-Corruption Commission.
70
Q

*Indi MP Helen Haines has discussed the need for a protection authority with Dreyfus According to Haines:

A

“A robust whistleblower protection commission that provides practical support to whistleblowers and offers them protection and empowerment is an essential component of our federal integrity landscape.”

71
Q

freedom of information act 1982

A

*hold governments to account
*public access to information allow *scrutiny of govt activities

72
Q

office of Australian information commissioner (OAIC)

A
  • independent agency in the attorney-general’s portfolio
  • established under the Australian Information Commissioner Act 2010

*ensuring proper handling of personal information under the Privacy Act 1988
and
*protecting the public’s right of access to documents under the Freedom of Information Act 1982

72
Q

FoI Delays

A
  • OAIC reported in 2020 that of 325 applications awaiting review, 80 per cent had not even been assigned to a reviewer
  • journalist requested access to info about robodebt from Services Australia. By the time the OAIC had finalised its review, almost three years later, the scheme was being shut down
  • In 2023 the number of unresolved Fol matters had grown to 2060 (some reaching back to 2018)
  • Senator Rex Patrick requested information about the ‘Sports Rorts’ Affair. request was decided almost 3 years after he submitted it (> 1 year after Scott Morrison lost govt)
73
Q

freedom of information act 1982

exempt documents > access denied:

A
  • national security
  • material obtained in confidence
  • Cabinet documents
    *‘other matters’ set out in the FOl act
73
Q

freedom of information act 1982

gives any person the right to:

A

access copies of documents (except exempt documents)

ask for information to be changed (if it is inaccurate)

seek a review (appeal) of decision X allow access to document (or not amend personal records)

74
Q

FOI delays-rate of compliance with Senate orders

A
  • 92% under the Hawke government in 1992-93
  • 20% under current Albanese Labor govt (worse than it was under Scott Morrison Coalition)
75
Q

role of OAIC

A

role = regulation of privacy and freedom of information (structural issue bcs two contradicting branches)

76
Q

FoI delays-March 2023

A
  • around 600 Fol cases languished b/f information commissioner >3 years
    42 cases still not resolved after half a decade
77
Q

sports rorts- pork barreling

A
  • provision of govt funding to projects based on potential to generate political support
  • commonly o marginal seats
  • seats with traditional support
78
Q

sports rorts- Morrison Government 2019

A
  • Community Sport Infrastructure Grant
    Program
  • funding totalling A$102.5 million was approved for 684 projects
  • Report by Australian National Audit Office
  • grants # basis of merit
  • grants = political purposes
  • Audit found that >60% of applications approved by the govt did NOT meet Sports
    Australia’s target score.
79
Q

sports rorts-sports Australia

A
  • initially tasked with assessing grant proposals independent of government influence’

award applications based on:
* community participation
*community need
* project design and delivery

  • graded out of 100
  • 74 or higher = recommended for funding
80
Q

robodebt

A

compliance program
* welfare recipients owed debts to the Clth govt
* ‘debt’ based on assumptions using annual income to estimate average fortnightly income
Unfair

81
Q

sports rorts-Sports Minister

A
  • National Senator, Bridget McKenzie
  • color-coded list based on political impact
  • ignored recommendations of Sports Australia
  • McKenzie + $36,000 grant to shooting club she was a member of (Wangaratta)
  • Feb 2020 McKenzie resigned from the Ministry
82
Q

why was robodebt unfair

A
  • automated system - algorithm
  • whistleblowers reported problems 2016
  • reversed onus on welfare recipients to prove they did not owe a debt
83
Q

how was robodebt unlawful

A
  • 2018 Prof Terry Carney (former senior member of the administrative appeals tribunal) warned income averaging not lawful basis to est a debt
84
Q

robodebt 2019 Govt admission of error

A
  • admitted error in Fed Court (late 2019)
  • abandoned use of “income averaging”
  • settled a class action (cost of $1.8bn)
  • ‘robodebts’ wiped or refunded
85
Q

robodebt royal commission

A
  • opposition - Labor promised a royal commission into robodebt
  • Govt 2022 RC began

Witnesses called before RC…
* ministers (Scott Morrison, Alan Tudge and
Stuart Robert)
* top public servants
* whistleblowers
*victims

86
Q

CFMEU corruption allegations (A Nine Network investigation alleged)

A
  • corruption - kickback schemes to CFMEU members

*links to organised crime figures

  • bikies/criminals
    o acting as CFMEU delegates
  • awarded high-paying government-funded projects
  • placed in influential union posts
  • evidence of correspondence between Setka and underworld figure Mick Gato (including Victoria’s
  • Criminal behaviour in context of $100 billion Victorian State Government ‘Big Build’ infrastructure project
87
Q

corruption allegations against the State Government (State Conference)

A
  • most important decision-making forum
  • mbrs elected to Party decision-making bodies debate policies & platform
  • 300 delegates appointed by affiliated unions
  • members - policy committees
  • CFMEU once had the power to
  • field delegates at state conference
  • vote on party positions
  • play a role in preselection
88
Q

CFMEU corruption allegations (Organised Crime and Bikie Gangs - the case of Marty Albert)

A
  • sergeant-at-arms of the Bandidos’ Melbourne chapter
  • Geelong Magistrates’ Court charged with common law assault, affray & possession of methamphetamine
  • quit the CFMEU Victoria’s management committee on 12 July 2024 (a day before The Age published the Building Bad investigation into the CFMEU and its infiltration by bikes and organised crime, and the same day Setka resigned)
89
Q

corruption allegations against the State Government (Labor Factions: Industrial Left)

A
  • CFMEU factional member Jane Garrett lost preselection Upper House spot west suburbs
  • Garrett formed the Industrial Left faction with support of CFMEU and other unions
  • April 2024 Setka planned to sign 1000 union members up to ALP so union could have greater say on how the party was run
90
Q

fair work commission overview

A
  • Australia’s workplace relations tribunal
  • formed 2009 under Fair Work Act 2009
91
Q

Australian building and construction commission- purpose

A

*enforce workplace laws and promote lawful practices within the building and construction industry

*overseeing adherence to the Building Code

  • provide info to employers/employees/unions about rights + obligations
  • investigating alleged breaches of workplace laws + codes of practice
  • taking legal action against individuals or organizations that breach workplace laws
  • imposing penalties for non-compliance with the Building Code and other regulations
  • reporting to Parliament on the state of compliance within building industry
92
Q

royal commission

A
  • public inquiry - investigate complex issues of significant public concern
  • estab under Royal Commissions Act 1902
  • report findings + make recommendations
  • hold individuals, organizations, and government bodies accountable
  • often > legal/policy reforms
93
Q

national anti corruption commission-Powers

A
  • retrospective
  • require Commonwealth information w/out a warrant
  • compel people/organisations to give NACC documents + allow NACC to search their property
  • covert investigation techniques such as intercepting telecommunications
94
Q

powers of Fair Work Ombudsman

A
  • Assessing complaints or suspected breaches of workplace laws, awards and registered agreements
  • Litigating in some circumstances to enforce workplace laws and deter people from doing wrong in the community
  • Fair Work Inspectors
  • Investigate/enforce compliance with Australia’s workplace laws
94
Q

fair work commission-purpose

A
  • Ensure fair work practices
  • Resolve disputes b/w employers/employees
95
Q

Fair Work Ombudsman

A

independent statutory agency created by the Fair Work Act

96
Q

Australian building and construction commission-The Building Code

A

Set out the requirements for building contractors and industry participants:
*fair and lawful treatment of workers
* prohibition of unlawful industrial action
* ensure safety/compliance on construction sites

97
Q

Powers of Royal Commissions:

A
  • subpoena witnesses
  • require production of documents
  • examine witnesses under oath
  • right to access classified or sensitive government information
  • power to enter premises, search, and seize evidence relevant to the inquiry
97
Q

national anti corruption commission-Hearing

A

*NACC has the power to conduct hearings:
* Privately
* Publicly - if
- in the public interest
-‘exceptional circumstances’ exist (this is a higher threshold than most state anti-corruption bodies)