Category Archives: Australian politics

The Report on Bolt and Its Implications

Yesterday, as you should be aware, Andrew Bolt of the Herald Sun was found guilty of racially vilifying a group of indigenous Australians in the newspaper. The articles argued that the complainants used their aboriginality to gain employment. The case has been controversial not just for what was said, but also the potential implications of the guilty verdict, for the media and perhaps even for the broader public.

First of all I would like to say that I do not agree with what Andrew Bolt said in the article in relation to the identified group. I think it was incredibly stupid and perhaps misinformed at best. There is a perfectly good reason for what is called ‘positive discrimination’ at times in society, particularly when such striking disadvantage exists between indigenous Australia and the rest of the population. At the same time I do believe that merit is the most important feature in employment and as long as educational opportunities exist for all, then a culture largely based on merit should prevail.

Second, I must point out that freedom of speech is not a right enshrined into our Constitution or our laws. It is however, implied through our common law, but this perhaps is not strong enough in the face of the court result yesterday.

It is quite ironic, that a Bill of Rights, which Andrew Bolt spoke against, could have possibly saved him from losing this case. A Bill of Rights would do no more than provide for the most basic and fundamental of human rights, including freedom of speech to be enshrined in law more forcefully. Yes it could be changed by an Act of Parliament and if put to Constitutional referendum would likely result in failure.

I cast no aspersions on the court for the decision that was made. It was obviously made with due regard to existing legislation and common law. What the decision, in my opinion does is to make it harder for people to voice an opinion on racial based issues, in print, on the airwaves and online. Furthermore, I am concerned as to the implications it has for private citizens, if any (I am not a lawyer).

Whether or not you agree with what Andrew Bolt said, if you believe in free speech you should accept his ability to voice an opinion that is not hateful. A Bill of Rights should now be discussed more openly and as a matter of priority, not to usurp anyone, but to guarantee the fundamental human rights of all. Allow opinions to be be aired and leave it to bodies such as ACMA and the Press Council to decide whether or not it is based on fact or not. As Voltaire said ‘I do not agree with what you say, but I will defend to the death your right to say it’. I hold this to be true insofar as the speech involved is not hateful, inflammatory or discriminatory.

NDIS, But When?

Today marked a potentially momentous day in the lives of people with a disability around this fair nation of Australia. Today marked the day where, after a prolonged period of campaigning, the Gillard Government, in response to a Productivity Commission report, announced it would pursue a National Disability Insurance Scheme. To their credit, the Liberal and National Party coalition also announced support for the scheme.

The type of scheme recommended by the Productivity Commission is a commonwealth funded scheme, costing $6.5 billion and covering everyone who has a disability or acquires one. It would include all reasonably required programs of care and support to make the lives of people with a disability easier than the state and federal-based schemes currently available.

Having an overarching scheme, run by one tier of government, but with input from the states will cut duplication of services and potentially cut substantial waste, compared with the current approach which has little uniformity in available services.

Prime Minister Gillard announced that discussions and work on the scheme would commence from the very next Council of Australian Governments (COAG) meeting where the states will be invited to form a committee to work on and oversee implementation.

States having a role in the implementation of the new scheme means that the current services offered by states, in differing ways can form part of the infrastructure to be built upon, rather than starting the scheme from scratch.

Presumably too, as part of this new National Disability Insurance Scheme, all existing laws in the states would be either added to or brought up to the same standard as each other and consistent with commonwealth legislation. For instance, housing and accessibility laws would need to be tightened across the country to make it easier for people with a disability to access universal design housing and to have easier access to buildings in general.

The question of cost is a very important one, particularly in the economic circumstances we find ourselves at present. We simply haven’t got $6.5 billion dollars to spend without either borrowing more from overseas, an unpalatable option, or increasing taxes, the most unpalatable of unpalatable options.

The Prime Minister today put forward those two options and also a third, cutting spending by doing a tax swap deal with the states. Without knowing the figures, I cannot see for certain how this would work so I will halt judgement on that option.

It seems to me that this program is of the utmost importance and has been needed for some time. It is a shame that any future overspending may put it in jeopardy into the future and again relegate the politics of disability into the ‘not sexy’ basket.

Work is not over for the NDIS movement and its followers. It is incumbent upon us to keep pursuing the matter right through to expected delivery in at least 7 years time. From that time the job will be to make sure the scheme is meeting all the expectations of its users and to be loud in calling for reform when it does not. Anything less will not see this become a positive reality.