by Leon Bertrand
Dear Sandpit readers,
I have a new blog, which focuses on the law and related issues. It is intended to appeal to lawyers and non-lawyers alike.
The blog will comment on practical issues which will inform people of what to expect and how to deal with lawyers, the courts etc. Already I have a post about how you can help your own legal case. I will post about topics such as why legal fees are so high and how you can reduce your legal fees in the coming weeks.
The blog will also comment about various legal issues. Already it has posted about the law of negligence, disciplinary proceedings against lawyers and criminal law. Having practiced in a number of areas, I have a reasonably broad knowledge of the various areas of law.
So please check it out and feel free to comment. Any feedback, positive or negative, would be appreciated.
I would also like to thank Ray for some advice on the technical aspects of wordpress.
With the confirmation that Nelson Mandela has died we can expect a vast outpouring of grief from all of the usual suspects from the left. Heck even this conservative has respect for Nelson Mandela, who was and ever will be the man given the most credit fro the fall of the apartied regime in South Africa.
As good as I think the man to have been I can’t help wondering how much hyperbole will be invoked about him in the near future.
With great respect Comrades
- R.I.P. Nelson Mandela (mindofbrosephus.wordpress.com)
- Nelson Mandela dead at 95 (globalnews.ca)
- Nelson Mandela Resources (simonhaughton.co.uk)
- RIP Nelson Mandela (cazhilly.wordpress.com)
- Nelson Mandela made his mark on popular culture (SLIDESHOW) (thegrio.com)
- Nelson Mandela Has Died (wreg.com)
- Nelson Mandela, South African Statesman, Dies (fox40.com)
- RIP Nelson Mandela (scottdpartington.wordpress.com)
- South Africa’s Nelson Mandela dies (musingsofamildmanneredman.com)
As I suggested the other day the government has easily found an adequate workaround to overcome the stunt pulled by the Greens and the ALP in moving to disallow TPVs in the senate:
The cap ordered yesterday has been set at the current number already issued this year – 1650 – meaning not a single new permanent residency visa will be granted until at least July when the cap will be reset.
This is also when the new Senate will be sworn in, stripping Labor and the Greens of their power to block legislation.
Mr Morrison has also used provisions under section 46 of the Migration Act – which apply to ministerial discretion to allow applications to be made by asylum seekers offshore – and has placed a self-imposed ban on allowing applications to be made for permanent protection visas.
All other humanitarian visa programs remain in place, such as those which apply for asylum seekers in UN-administered refugee camps overseas.
Mr Morrison said the effect of the Greens-led roadblock in the Senate – supported by Labor – would be asylum seekers in Australia would be denied any access to work rights or welfare payments other than what is allowed under the bridging visa program.
He said the move was necessary to ensure people smugglers did not use the Labor-Greens Senate alliance to “re-open the door to asylum seekers” as propaganda to encourage more people to get on boats.
He said the freeze on permanent protection visas would remain until the Senate changed its mind.
So all that the stunt will do is provide a small hiatus in the issuing of TPVs and in the mean time those who would qualify for them will suffer more. Good one Mr Shorten. of course this issue clearly begs the question “just how out of date is the UN convention?” and for those of us who have been suggesting for some time that the answer is a resounding “completely!”. Of course the minions of the left claim that the UN convention is wonderful and overflowing with fine principles about “protecting” vulnerable people and I will admit that the original intention was precisely that. However the passage of sixty odd years finds that the world is a vastly different place, in many ways its two worlds, there is the well governed old world countries that have both stability and relative prosperity and then there is the ill governed rabble that makes up the majority of the planet’s nation states. Sadly many of that rabble will never get their act together enough to provide the opportunities for their citizens that we can take for granted. Minions of the far left take the point of view that materially successful nations are required to feel guilty about those who live in dysfunctional societies and to subsequently supply them with either money or allow them to immigrate so that they can share the spoils of our good governance and our ordered society, the problem with this seemingly humane approach is just where to draw the line about just how generous we should be, Its clear to me that for the far left there should be no line at all which will lead to our nation being overwhelmed.
The history of immigration has largely been a success because the numbers have generally been held at the level that can easily be absorbed into our society the problem with the open borders left is that they are just too myopic to see the bigger picture and the possible consequences of the things that they advocate. That is fine when you are dealing with just one person but when that individual is but one of many thousands then we have a big problem.
Going out on a limb here I would suggest that if the Abbott government were to consider pulling out of the UN convention it would be done by providing a legislative instrument setting out the way that asylum-seekers would be treated. An instrument that enshrines in law that we offer temporary protection and that permanent residency would forever be out of the question. Likewise I would expect that those applicants who arrive without any form of documentation would generally be considered suspect. Now if this sort legal basis was enshrined in our law I tend to think that we would not be the only nation to get off the UN convention bandwagon. because we are certainly not the most put upon nation that has to deal with the mass migration from the third world.
In mediaeval Japan anyone who set foot on the shores of the land was subject to immediate beheading. We certainly do not want to get to that extreme but the more that western nations have a problem with an uncontrollable influx of the world’s poor the more brutal the methods to control the flow will surely become. This country , being an island, is better placed than either Europe or the US to have very effective border controls and it is the duty of our federal government to make-sure that those who come here are people that we choose, people who add to the whole rather than create a social problem but most importantly who can become Australians first and foremost rather than just living here.
- Visa decision will leave asylum seekers worse off, Scott Morrison says (oddonion.com)
- Immigration Minister freezes refugee visas (dailytelegraph.com.au)
- The Depths of Indecency (speakupforthose.wordpress.com)
- Morrison puts a cap on protection visas (news.theage.com.au)
- Abbott castigates Labor on TPVs (news.smh.com.au)
- Morrison puts permanent visas on hold (skynews.com.au)
- Senate quashes temporary visas (news.com.au)
- Senate quashes temporary visas (skynews.com.au)
- Morrison visa halt ‘brutal’: Labor, Greens (news.smh.com.au)
ANY REASONABLE OBSERVER would be entitled to think that the election of 7 September changed nothing; thanks to their temporary majority in the Senate, Labor and the
Communist Party Greens are obstructing every major measure presented by the Coalition. In the end, they may pay a heavy price.
It's an article of faith in Australian politics -- nay, politics in almost every Western democratic country -- that one of the most unpardonable sins a politician can commit is to tell the voters they are stupid; that they got it wrong; or that their message is so pointless, worthless and/or irrelevant that it must be summarily dismissed from consideration.
Regular readers may recall that this blog is quite a fan of creative uses for shipping containers. I have written previously about their potential for housing that is both strong and relatively quick to build. Well now it seems that they are looking to use converted shipping containers to ease the capacity problems in Victoria’s prison system.
While there is part of me that thinks that these new cells are rather more luxurious than many miscreants deserve (air conditioning? )if they do the job for a reasonable cost per prisoner bed then it will be a good way to quickly fix the lack of capacity. Frankly there is no reason why more purpose built Spartan fit outs of the containers could not be designed, more in keeping with prisoner accommodation instead of the off the shelf miners set-up in the current units. That said its another very good use for those ubiquitous steel boxes.
Now if only I could figure out a way of getting one behind my studio to give me some much needed extra workshop space all would be extra jolly here at Chez Hall…
- Smart Ideas: Containers Revisited (zohrbak.com)
- YMCA fits out shipping containers to provide new flats (itv.com)
- 6 Pictures of an Amazing Modern Home Made Entirely from Shipping Containers (techeblog.com)
- Ugly Duckling Outside/Beautiful Swan Interior (theresamccuaigblog.com)
The day has arrived, yep its the day upon which I usually get my annual dose of god bothering. You see each year I usually go to the local Carols on the mountain up at the Mount Mee show-grounds. But its raining here at present and they predict that this weather may well continue all day and that it may even intensify into a heavy rain this evening.
It will be a shame if it is washed out because its one of those events that brings the local community up here on the mountain together, we say our ‘hail fellow well met(s)” and share mutual acknowledgement and the sort of trivialities that are the communal glue of any society. I will also be a shame for our children who enjoy the theatre of the event and even for unbelievers like me there will be the disappointment of not having an opportunity to explain to my son that there are some admirable aspects to the Christian template for a good society once you strip away the supernatural nonsense and undeliverable promises of an afterlife of eternal adoration and servitude to the deity. What is not to like about kindness to our fellows, forgiveness to those who wrong us, honesty and respect to others? Mostly though I just like Christmas with its feasting and gift giving to those who we love. I also love the conceits and theatre of the festival. For instance I just adore the patter with my son when I talk about what Santa may be bringing him this year.
“There is no Santa dad” my boy tells me every time and I always pretend to be shocked at his statement.
“Of course there is” I repeatedly insist even though I know he is not buying it.
“We all know that its you who buys the presents” he shoots back with one of those grins that melts my heart
Which of course leads into some far from subtle hints about just what those presents should be.
Mean while my lovely daughter points out that my Ebay search list has a new category that is consistent with her own hearts desire and I just smile…
The Victorian police are currently investigating ALP Leader Bill Shorten for raping a 16-year-old girl in 1986. The mainstream media reported earlier this month that a "Senior ALP figure" was being investigated for rape but failed to name Bill Shorten although there is nothing to stop them from doing so.
Given Mr Shorten's position as a potential Prime Minister every Australian has a right to know about the police investigation and we should expect a fully detailed explanation from Mr Shorten immediately.
Well if there is an upside to the Indonesian hissy-fit of Labor authorising phone tapping its this instruction to the Australian navy to stay out of Indonesia’s search and rescue zone. Frankly even when we have kissed and made up with SBY I think that the current restriction on our navy’s operations should continue for several very sound reasons.
Firstly it will be a mighty powerful disincentive to people who have may be seduced by the people smugglers to buy one of their poisoned tickets because as it stands the so called asylum seekers have been relying on our Navy being a virtual taxi service.
Secondly for a nation of islands it seems ridiculous that Indonesia can not provide adequate rescue capabilities in its own waters and its just not our job to provide an eternal back up service to take up their slack.
Thirdly we keep being told that the constant rescue operations are wearing out both our personnel and our hardware at a prodigious rate keeping our assets out of Indonesian waters will allow proper maintenance to be done and personnel to recharge their batteries.
Fourthly it will help the budget bottom line.
Now of course I expect the usual suspects to scream blue murder if a boat full of asylum seekers founders but in that unhappy event it will be the fault of Indonesia if any lives are lost but some how I don’t think it will come to that as long as the water-borne mendicants get the message that our taxi service is no longer an option.
- Indonesia spy row: talks have stalled, say Indonesians (theage.com.au)
- Indonesia refuses to take asylum seekers (skynews.com.au)
- Mid-ocean boat stand-off (smh.com.au)
- Australian Navy show off sub rescue capability Australian Navy show off sub rescue capability Read more posts and click here (h16613.com)
- PM says Indonesia at fault (theage.com.au)