SearchArchives for September 2007
25 September, 2007Leaders Carpeted Over PS Offices
Government leaders around the country have been challenged to improve the sustainability of Government buildings as a way of providing leadership to the construction and commercial industry.
Ministers for Finance from all State and Territories are being encouraged to lift their game and adopt a national agreement on sustainability of Government accommodation.
According to the Victorian Minister for Finance, Tim Holding, who is leading the move to sustainability, the State and Federal Governments manage four million square metres of office space between them and there is an increased urgency to reduce greenhouse gas emissions and conserve water and energy and provide healthier buildings that impact less on the environment.
“By working towards a National Framework for Sustainable Government Office Buildings, we can ensure time and cost savings, as well as increased benefits for the environment,” Mr Holding said.
He said the Victorian Government had already set a benchmark for sustainability.
“Victoria’s large portfolio of office buildings has the potential to consume significant quantities of energy and water, however, we are leading the way in a number of green initiatives to reduce our environmental footprint.
“Victoria has already made a significant contribution to making its office space cleaner and greener and we welcome moves to work together with other States and Territories to build on this success.”
Mr Holding said Victoria had consolidated several Departments into two buildings and was working on 5-Star rating for the tenancy fit-out for each building.
He said the State had also reviewed and updated a set of guidelines for all Government accommodation which required an increase in the Green Star rating from 4 to 5 stars through sustainable design and had committed to reducing energy consumption in all Government office accommodation by 20 per cent by 2010.
He said 15 per cent reductions had already been achieved between 19 and 2006
25 September, 2007
AEC Takes Shot at Defence Voting Trial
The Australian Electoral Commission is to undertake a trial of electronic voting for Defence staff on operational duty in Iraq, Afghanistan, East Timor and the Solomon Islands.
The trial will make use of secure Defence computing and communication facilities to give both service personnel and Defence civilian staff the chance to vote in the upcoming Federal election.
According to the Commission, remote electronic voting has the potential to provide a more effective voting service than the more traditional paper-based system by reducing the logistical overhead of managing paper-based ballots in remote overseas operational locations.
“Defence’s secure satellite and ground-based communication and information technology infrastructure will be used to transmit encrypted electronic voting data straight back,” The Commission said.
“The secure Defence systems meet the highest national security and privacy standards and Defence personnel casting their votes can be confident that no person can view or manipulate their electronic votes.”
The Commission said that if there were technical difficulties with the electronic trial, the Defence staff could still cast their votes on paper because paper-based postal votes would also be sent to all registered electronic voting trial participants.
“Other ADF and Defence personnel who cannot access a secure computer terminal, or are not in the selected locations, should apply to the Australian Electoral Commission for a postal vote,” the Commission said.
It said the planned trial followed a recommendation on electronic voting by the Parliamentary Joint Standing Committee on Electoral Matters.
25 September, 2007
Centrelink Linking To Better Service
Centrelink has opened a new Community Access Office in Tuggeranong, Canberra.
The Minister for Human Services, Senator Chris Ellison and Parliamentary Secretary for Finance and Administration, Senator Richard Colbeck launched a package of measures at the Office, designed to streamline the future of Centrelink’s service delivery.
According to Senator Ellison, the community expected a high standard of service delivery from its Government agencies, and his Department had been charged with the job of improving them. He said all channels of service delivery would be overhauled.
“With work and family life becoming increasingly busy, people need access to Government services after hours, through online, SMS and phone services,” Senator Ellison said.
“The Human Services Portal provides a single-entry point for health and social services websites, and more than 3,000 Australians have already registered for the single sign-on feature.”
He said the new service provided easy and secure access to the online services offered by Centrelink, Medicare Australia and the Child Support Agency.
“The portal allows people to link their logons and move freely between agencies’ websites without having to log on and off.”
Senator Ellison said Centrelink’s telephone call Centres would also be improved with a new Centrelink Community Innovation Centre planned for the New South Wales South Coast.
“At the same time, each of the Human Services agencies is working to provide local communities with better quality and more personalised access to Government services,” he said.
“The Tuggeranong Centrelink Community Access office is an outstanding example of how face-to-face services will be delivered into the future.”
Senator Ellison said the new Centrelink office had state-of-the-art technologies to manage customer demand and keep the community informed of new Government initiatives, modern facilities for staff and customers, and casual meeting areas to improve access for local welfare and community groups.
Senator Colbeck said the Parliamentary Committee on Forms and Letters had found that Human Services Agencies’ communication with the community through forms and letters “too long and difficult to understand.”
“In total the Committee has reviewed 167 forms and 201 letters and has substantially improved their style, appearance, readability and usability,” Senator Colbeck said.
“ The reform process has saved 13.2 million pages of paper per annum, providing a substantial environmental gain as well.”
He said development of DHS Forms Design and Style Guidelines would also ensure that the Committee’s reforms would be common to all new forms and letters developed by the Department’s Agencies in the future.
Senator Ellison said the future of Australian social and health services looked bright and he was confident the work being done by the Department and its Agencies would ensure the community received the high quality of service it expected and deserved.
The Human Services portal could be viewed at myaccount.humanservices.gov.au.
25 September, 2007
Postal Union Stamps On Postie Plan
A postal services union has accused Australia Post of planning to outsource the mail delivery function of traditional Australian posties.
Communications Union, the CEPU, warned that the secret plan would see older posties phased out and replaced by contractors bidding against one another to take over particular routes.
The union said the plans were contained in a strategy paper approved by Australia Post in 2006 but not yet released publicly.
It said the paper Future Delivery Design Strategy allowed contractors to take over routes on Performance Based Contracts that linked payment to the number of articles delivered.
According to CEPU National President, Ed Husic the move would not only get rid of posties, it would also lead to reductions in service standards.
“Across the economy we have seen that when public services are contracted out, accountability goes out the window and service levels plummet,” Mr Husic said.
“Those who rely on regular mail services, such as small businesses and older Australians, should be very worried by this proposal.”
He said the plan coincided with negotiations for a wage increase for postal delivery staff who were being left with little option than to take industrial action.
“They feel that this is their only way to be heard,” Mr Husic said.
25 September, 2007
Tax Attack is Super Service
The Australian Taxation Office has streamlined the task of finding lost superannuation, directing affected employees to its on-line Superseeker service.
Pointing out that anyone who has changed jobs, moved addresses or changed their name may possibly have also lost track of their superannuation, the ATO says it may be able to help find it.
“The ATO keeps a list of people who have been reported by their super fund as being uncontactable ,” the Office says in an article recently released to the media.
“If you think you may have lost touch with some of your super, there is an easy way to check.
“ It’s called SuperSeeker, and it’s one of the useful online tools offered by the Tax Office free of charge on its website www.ato.gov.au “
According to the ATO, searching SuperSeeker online is quick and easy.
“Your search can be completed in a couple of minutes,” it said.
“Go to www.ato.gov.au/superseeker to begin your online search, just follow the prompts to add your identifying personal details, including your tax file number. SuperSeeker will then run your query.
The ATO says that if there is a possible match enquirers can contact their superannuation fund to establish if it is their account and then discuss options for recovering the lost super.
“You can also search SuperSeeker by calling 13 28 65 and following the prompts,” it said.
The ATO offered the following tips for keeping track of superannuation entitlements:
* provide your super fund with your tax file number
* tell your super fund if you change address or your name
* keep all your super paperwork together
* consider combining all your small super accounts
For more information on finding lost super, contact the Australian Taxation Office.
25 September, 2007
Survey Green Light For Nuclear Future
Research conducted for the Australian Nuclear Science and Technology Organisation has revealed strong community support for a nuclear facility in Australia.
According to ANSTO, there is also increased awareness of nuclear science in the Australian community.
The survey showed that people were now more comfortable with the new nuclear reactor at Lucas Heights in Sydney than they were in 2004 when the last survey was undertaken, more than 75 per cent of southern Sydney residents now regarding the facility as safe.
“Significantly 90 per cent see the presence of an Australian nuclear science and technology facility as important,” ANSTO said in a statement.
“More people are aware of what ANSTO does in applying nuclear science to improving the health of Australians, particularly in cancer treatment, and understanding and resolving our
environmental problems,” it said.
“Southern Sydney residents feel the new OPAL nuclear reactor, which commenced operation almost a year ago, is safer than the old reactor. Perceptions that it is safe have risen 12 per cent to 77 per cent over the past three years and public feeling that is unsafe is down 13 per cent to 19 per cent.”
The Organisation said community interest in nuclear issues was ‘very strong’ with 62 per cent wanting to know more about the products from the nuclear reactor and how nuclear waste was managed.
General Manager of Public Affairs at ANSTO, Andrew Humpherson said the latest study was almost identical to that conducted in 2004.
“Overall ANSTO’s performance in the eyes of the community has improved with notable increases in perceptions of safety, innovation, nuclear research and technology,” Mr
Humpherson said.
“We also found that the community wanted to know more about ANSTO and its work,
particularly in relation to radioactive waste, safety and security.”
He said ANSTOS’s international role in nuclear safety was not well known but was another area where expertise was providing benefits globally.
“These are all areas we will focus on over the next couple of years to ensure more people
have more information,” Mr Humpherson said.
“The community also sees that whilst ANSTO may be a terror target it is lesser target than the airport, an oil refinery or the harbour bridge.”
The research study was conducted for ANSTO by Quantum Market Research who contacted 550 residents of the Sydney suburbs of Sutherland and Bankstown as well as the Illawarra and an additional 150 respondents from Adelaide.
The full marketing research report is available at www.ansto.gov.au
25 September, 2007
ABC On Song For ARIA Awards
The Australian Broadcasting Corporation has picked up 11 nominations across six categories in the 2007 Australian Record Industry (ARIA) Awards.
ABC Music’s nominations include three for Best Classical Album and three for Best Children's Album - in both cases representing 50% of the total nominations in the category.
Head of ABC Music, Robert Patterson, said the number and diversity of the nominations indicated the strength of the label across the Classical, Jazz, Blues and Roots, Soundtrack and Children's genres.
“Our traditional categories have performed particularly strongly this year,” Mr Patterson said.
“Across the full spectrum of Australian musical endeavour, from Kids to Classical to Contemporary, ABC Music is really making its presence felt."
The ABC’s nominations are:
Best Classical Album
* Adelaide Symphony Orchestra - Arvo Volmer - Sculthorpe Requiem and Orchestral Works (ABC Classics)
* Richard Tognetti, Australian Chamber Orchestra - Bach Violin Concertos (ABC Classics)
* Slava Grigoryan, Leonard Grigoryan - Impressions (ABC Classics)
Best Jazz Album
* Mark Isaacs - Resurgence (ABC Jazz)
Best Original Soundtrack/Cast/Show Album
* Choir of Hard Knocks - Choir of Hard Knocks (ABC Classics)
* Various - The Countdown Spectacular Live (Liberation Music)
Best Blues and Roots Album
* Jeff Lang and Chris Whitley -Dislocation Blues (ABC Music)
Best Children's Album
* Christine Anu - Chrissy's Island Family (ABC Music)
* The Fairies - Fairy Beach (ABC Music)
* The Wiggles - Pop Go The Wiggles (ABC Music)
Best Music DVD
* Various -The Countdown Spectacular (Liberation Music)
The Awards will be announced in Sydney on October 28.
25 September, 2007
ADF Uniform Review For Clothing Remarks
Personnel of the Australian Defence Force are in line for higher quality clothing and personal equipment following implementation of the recommendations of a review of ADF clothing.
An independent review of the Defence Materiel Organisation’s practices for procuring clothing and personal equipment was ordered last year and examined procurement and sustainment practices, making 29 recommendations across five areas. Those areas were organisational reform; governance and probity; business process; industry and commerce; and involvement of the Defence Science and Technology Organisation.
Twenty-four of the review’s recommendations had been implemented so far and the rest are in progress.
Among the new initiatives:
* a separate Clothing Systems Program Office has been established within DMO;
* new information and workflow systems for clothing business processes have been introduced;
* there has been greater engagement with industry, including the publication of Threads, the Defence clothing industry newsletter;
* publication of the ADF Clothing and Personal Equipment Procurement Plan 2007-2011; and,
* Engagement with DSTO for assistance with clothing technology and management of intellectual property taking place on a daily basis.
Over and above the review’s recommendations, Defence also reformed its clothing procurement systems to include greater procurement planning, better inventory management and more staff training. The aim is to assist DMO deliver world-class clothing and personal equipment to the ADF by working with the three Services and industry.
The five-year program includes a plan to purchase more than $300 million of clothing and equipment, which would be considered by Defence, the Services and the DMO.
25 September, 2007
Government Offices Spread Net Message
Government offices dealing with Medicare, Centrelink, Taxation and Child Support are to join with Family Assistance Offices to distribute information to parents, carers and grandparents on the dangers of the internet.
Special Minister of State, Gary Nairn announced and Minister for Information Technology, Senator Helen Coonan, announced the partnership saying it would help make Australian children’s internet experience safer.
“Part of the Australian Government’s $189 million NetAlert—Protecting Australian Families Online program is to inform parents and carers of children practical ways in which to protect their families, whether from online scams, cyber bullying or online stalking,” Senator Coonan said.
Medicare, Centrelink and the Australian Taxation Office, through the Family Assistance Office shopfronts, along with the Child Support Agency shopfronts, will distribute information,” Mr Nairn said.
He said the information would help parents understand how they could protect their children online through a combination of supervision, education and filtering tools.
“It will also give details of where parents can go to get further advice.”
Families could also choose the free internet content filter which best suited their family values and needs.
“The Family Assistance Office provides Australian families better access to Government services and we are now extending its service.”
Senator Coonan said that while internet content filters were valuable tools in preventing a child’s access to illegal, inappropriate or offensive online material, they cannot replace the role of parents and carers in protecting children online,
“NetAlert—Protecting Australian Families Online is about much more than filters and enabling parents to stem the flow of undesirable material into the home.
“This initiative combines services and education, regulation and policing to ensure that Australian families can get the best of the internet, while minimising potential harm.”
25 September, 2007
SAS Takes Aim At 50th Anniversary
The Army’s Special Air Service has turned 50.
Established in 1957 as the 1st Special Air Service Company of the Royal Australian Infantry, the SAS became the regiment it is today on 4 September 1964.
Chief of Army, Lieutenant General Peter Leahy, congratulated the SAS on its anniversary, saying it had served the Australian Defence Forces and the nation with distinction over a proud history.
“Over the past 50 years the SAS has established itself as a unit with few equals amongst the international Special Forces community,” General Leahy said.
“This did not just happen, it’s the result of the dedication of generations of outstanding young soldiers singularly committed to excellence.”
Revelling in the famous motto ‘Who Dares Wins’ the SAS has served in Borneo, Vietnam, Rwanda, Somalia, Cambodia, East Timor, Iraq, Afghanistan, and other regional areas, conducting itself with the utmost professionalism.
To mark the anniversary milestone, the regiment was invested with the Unit Citation for Gallantry for its activities in Afghanistan by the Governor-General, Major General Michael Jeffery, himself a former SAS commander.
A week of birthday celebrations for the SAS have included a memorial service, static demonstrations, book launch, Ladies Auxiliary fashion parade, and various reunions attended by SAS veterans from across Australia.
Defence’s Special Operations Commander, Major General Mike Hindmarsh said the 50th Anniversary was a time to celebrate and congratulate the thousands of officers and troopers who had stood in SAS ranks over the past 50 years.
“From its earliest days SAS strived to be the best and generally was,” General Hindmarsh said.
“I remain in awe of their achievements.”
He said despite being active from the 1950’s, it wasn’t until the late 1970’s and early 80’s that the introduction of counter terrorism began to give the SAS a public profile.
“Society may have changed in that 50 years,” General Hindmarsh said, “ but one thing has remained enduring and that is the quality of the soldiers and officers.
“Those central tenets of courage, toughness, integrity, compassion, mateship and that laconic Australian humour are just as much a part of the 2007 SAS trooper’s makeup as they were of the 1957 model, and long may this hold true.”
Lieutenant General Leahy wished the SAS’s officers and soldiers a long and impressive future.
25 September, 2007
Retired Science Boat Put Out To Sea
The Australian Institute of Marine Science has retired its major research vessel, the RV Lady
Basten, after nearly 30 years as the workhorse of the Institute’s scientific fleet.
Launched in November 1978, the 27-metre vessel operated in the shallow waters of the Great Barrier Reef, offering AIMS scientists and others a stable platform from which to investigate the physical, chemical and biological environments of the reef and waters of the surrounding ocean.
According to the Institute, the RV Lady Basten served in all tropical coastal habitats between Queensland’s Fraser Island and Ningaloo Reef in Western Australia, as well as many parts of the ocean from Timor to Papua New Guinea and New Caledonia.
Thirty years is regarded as a lifetime for a steel vessel and its machinery.
In announcing the retirement of the RV Lady Basten, AIMS said the vessel had spent 7,500 days at sea and steamed almost a million kilometres, which was the equivalent to more than 24 times around the Earth’s equator or more than 29 times around Australia.
Director of Research at AIMS, Dr Peter Doherty, said the vessel’s greatest test was mapping 210,000 square kilometres of seabed biodiversity in the Great Barrier Reef in just 120 days.
He said this was done by a combined science and vessel crew of just 14 persons working 24/7 for weeks at a time.
“These results are being used by the reef managers to assess the performance of the new zoning plan for the Marine Park and to assess the sustainability of fisheries in the World Heritage Area,” Dr Doherty said
“AIMS is proud to have been part of this massive project which required the combined resources of four research agencies and remains one of the largest detailed marine mapping projects in the world”.
He said RV Lady Basten also broke new ground on her last cruise by deploying the first of a series of oceanographic moorings and current meters designed to become the backbone for a long-term Great Barrier Reef Ocean Observing System to monitor the impact of a changing ocean on regional climate.
The retiring craft is to be replaced by a larger (35-metre) steel vessel based on the design of AIMS’s other vessel, the RV Cape Ferguson.
To be named the RV Solander, the new addition to the AIMS research fleet is undergoing trials off Fremantle in Western Australia.
25 September, 2007
Flies CD Wings Way To Award For CSIRO
A CD on the humble Australian fly has won an award commendation for CSIRO.
The CD entitled On the Fly: The Interactive Atlas and Key to Australian Fly Families which provides a simple way to identify fly families and learn about their biology, has been commended in the Whitley Awards.
According to the coordinator of the project and CSIRO Entomology fly expert, Dr David Yeates, the CD was a collaborative effort between CSIRO, the Australian Museum, the University of Queensland, University of California (Davis) USA and University of Guelph, Canada.
”I am so pleased that the team has received recognition for the great work they did,” Dr Yeates said.
He said On the Fly contained features that made it an invaluable tool for amateur and professional entomologists, biology students and teachers as well as conservation and land managers and environmental consultants.
“In fact it should be of interest to anyone interested in the natural world,’ he said.
Dr Yeates said the CD was easy to use and included:
* an atlas of fly anatomy with zoom facility;
* information on the importance of flies and how to collect them;
* keys to all families of Australian flies and information on their biology; and
* more than 500 photographs and drawings.
“The biology and behaviour of flies are extremely diverse,” he said.
“Some recycle nutrients, others are predators or parasites or pollinators.
Some are important pests, some are vectors of disease and yet others are used in biological control. All in all they are an essential part of our ecosystems.”
On the Fly is published jointly by the Australian Biological Resources Study and the University of Queensland’s Centre for Biological Information Technology.
Dr Yeates said only abut 20 per cent of an estimated 30,000 species of flies in Australia had been described.
The Whitley Awards are presented annually by the Royal Zoological Society of New South Wales for outstanding publications on Australian fauna.
The CD On the Fly: The Interactive Atlas and Key to Australian Fly Families is available from CBIT at www.cbit.uq.edu.au/software/onthefly/
25 September, 2007
Bureau’s UV Service Hits Purple Patch
The Bureau of Meteorology has improved its weather forecasts in some parts of the country by adding Ultra Violet Alerts.
Aimed at increasing community awareness of the risks of exposure to ultra violet radiation from the sun, the alerts will complement existing UV Index readings and specify the time of day UV rays will be at their strongest.
According to Assistant Minister for the Environment, John Cobb, the expanded UV alert system was important because Australia was the ‘skin cancer capital of the world.’
“More than 9,500 Australian men and women are diagnosed with a melanoma each year,” Mr Cobb said, “and an estimated 374,000 cases of non-melanoma skin cancer are also diagnosed. “
He said more than 1,600 Australians died from melanoma or non-melanoma skin cancer each year.
“Luckily, skin cancer is almost entirely preventable and high profile awareness and information campaigns telling Australians how to save their skin have been in place for several decades.
“But there are still a lot of misconceptions about skin cancer and sun protection.”
Mr Cobb said the SunSmart UV Alerts had been developed by the Bureau of Meteorology in partnership with the Cancer Council of Australia and the Australian Radiation
Protection and Nuclear Safety Agency.
He said a SunSmart UV Alert was issued by the Bureau for the time of the day when the
UV Index would be 3 or above, the level at which UV radiation could damage skin and
lead to skin cancer.
Mr Cobb said the UV Alerts would be available in newspapers and some television and radio broadcasts as well as in a range of forecasts on the Bureau website www.bom.gov.au.
25 September, 2007
Productivity Offices Open for Business
Australian Industry Productivity Centres are a step closer to opening for business with the appointment of four State Managers
Industry Minister, Ian Macfarlane has announced that the AIPCs would commence operation this month.
He said State Managers for Queensland, Victoria, South Australia and Western Australia had been appointed with Tasmania and NSW to be named shortly.
“Our state AIPC managers have the practical, hands-on experience to assist small to medium businesses improve their productivity,” Mr Macfarlane said. “They have a strong mix of private and public sector backgrounds and know how businesses tick.”
He said the Productivity Centres were part of the Government's 10-year, $1.4 billion Industry Statement.
"The AIPCs will provide a free diagnostic service to help firms identify opportunities to improve performance.”
The State Managers appointed so far are Garry Butler (Queensland), Rod Nelson (Victoria), Kenneth Taplin (South Australia) and Su-Lin Kwa (WA).
Mr Macfarlane said the AIPCs would operate with partner organisations (announced in August) to ensure their services were available to all businesses in metropolitan and regional areas.
25 September, 2007
Satellite Goes Off The Air
Australia’s only public satellite has ceased to operate.
After almost 20,000 orbits of the Earth and more than a billion kilometers travelled, communications with the FedSat microsatellite have dried up.
The 58kg low-earth satellite has followed a near polar sun-synchronous path since December 2002 when it was launched from Japan to be managed by the University of South Australia’s Institute for Telecommunications Research.
It lasted four years and three months which was 40 per cent longer that it was designed to operate.
The Department of Defence has been involved in the project via the Defence Science and Technology Organisation,
During its lifetime, FedSat was used to undertake scientific experiments related to space and communications, carrying six payloads and racking up an impressive list of achievements.
Data collected by FedSat contributed to:
* The awarding of 37 PhD and 10 Masters qualifications for space research,
* The successful construction and operation of satellite ground stations in Australia, and
* The publication of 745 articles related to FedSat activities.
According to space technology experts, FedSat obtained important data that would help scientists predict the effect of solar radiation on the Earth and maintain the operation of the many satellites on which we have come to depend.
Despite ceasing to be useful, FedSat will remain in orbit for another 96 years after which it will safely burn up in the atmosphere.
25 September, 2007
DIAC Cashes in on AUSTRAC Agreement
The Department of Immigration and Citizenship and AUSTRAC, the Australian
Transaction Reports and Analysis Centre have signed a Memorandum of Understanding for cooperation and exchange of information.
The organisations hope closer collaboration will lead to a crackdown on fraud against Australia’s migration and citizenship programs.
Minister for Immigration, Kevin Andrews said the MOU would allow DIAC to use financial data held by AUSTRAC in its investigations into such offences as people smuggling, fake marriages and the activities of unregistered migration agents.
“Illegal activities such as contrived marriages are often characterised by the transfer of large sums of money in and out of Australia,” Mr Andrews said.
“In these cases, evidence of the level and type of payment is vital in obtaining appropriate sentences on conviction.”
He said the AUSTRAC data would assist in identifying and prosecuting those who were involved in that type of illegal activity.
Mr Andrews said the AUSTRAC/DIAC partnership would also have a significant impact on the identification and investigation of criminal activity in the financial sector.
The MOU was signed by DIAC Secretary, Andrew Metcalfe and AUSTRAC Chief Executive Officer. Neil Jensen.
September 18, 2007
PS Retirees Give Index the Finger
The Superannuated Commonwealth Officers’ Association has swooped on a plan to revise indexation arrangements for disabled war veterans saying it showed how inad equate the Consumer Price Index was as a single method for pension indexation.
Prime Minister John Howard announced during the week that disabled veteran’s pensions would be indexed by reference to both the Consumer Price Index and Male Total Average Weekly Earnings.
“Both major political parties have now acknowledged that the CPI indexing does not keep pace with changes in the standard of living,” said Federal President of SCOA, Ewan Hazell.
“The Government is admitting that CPI indexation alone does not maintain living standards for recipients of Commonwealth pensions.”
Mr Hazell said that the improved pension arrangements for disabled veterans were welcome, but long overdue. He applauded the five per cent increase to DVA pensions, as it would be welcomed by some SCOA members who were not only former Commonwealth Public Servants but also war veterans.
In announcing the plan to revise the arrangements, Minister for Veterans’ Affairs Bruce Billson described the move to index DVA pensions with reference to both the CPI and MTAWE as a “significant indexation measure”.
SCOA reminded political leaders that retired military personnel, Commonwealth Public Servants, Federal Police and Customs personnel still had their pensions indexed only by the CPI.
He said tThey too should be afforded the benefit of indexation at the higher of MTAWE and CPI, as was recommended by two separate Senate Committee Inquiries.
September 18, 2007
Buying-Power is Buying Power
Government procurement policies aimed at assisting small and medium enterprises gain fair access to Government purchasing contracts are having an effect, according to the Minister for Small Business, Fran Bailey.
Ms Bailey said Australian Government figures showing SMEs won more than $12 billion in Australian Government procurement contracts in 2006-07, or about 41.6 per cent of the total value of all contracts.
“This demonstrates that SMEs are accessing the Australian Government’s market for products and services, through the work of publications like the Government’s Selling to the Australian Government — a guide for business brochure,” Ms Bailey said.
“The figures show that SMEs are able to deliver value for money to the Australian Government through providing high-quality goods and services.
“They are able to provide products and services that are highly competitive with big business in this market place.”
Ms Bailey said additionally, small businesses selling goods and services to the Australian Government had the assurance they would be paid on time.
“Australian Government departments pay 95 per cent of small business invoices within 30 days and in particular, my own Department is setting a strong example with per cent of payments being made on time,” Ms Bailey said.
“Everyone associated with SMEs knows that cash flow is absolutely critical for their ongoing success, the payment policy has gone a long way to ensuring that small businesses don’t have to devote time to chasing up payments.
“Businesses wanting to access the Australian Government procurement market are able to learn more about the process through the www.finance.gov.au website,” Ms Bailey said.
September 18, 2007
Few Bugs Found In Bird Flu Audit
Preparations for an outbreak of bird flu in Australia have received a cautious thumbs up for the Auditor-General, Ian McPhee following a performance audit of the Departments of Health and Ageing and Agriculture, Fisheries and Forestry
According to the Auditor, Australia’s preparations for a pandemic are on a par, or exceed, those in other countries although he has made a small number of recommendations for improvement.
Using information from the World Health Organisation, Mr McPhee says the world is moving closer to an influenza pandemic as the incidence of bird flu increases and it will be years before it can be eradicated.
“It is not possible to predict when the next pandemic will occur or how long it will last,” Mr McPhee says in his report Australia’s Preparedness for a Human Influenza Pandemic, released recently.
He says an outbreak of the flu in Australian poultry could see it pose an increased risk but the greatest fear was if it mutated overseas and became easily transmissible between humans.
“This means that the virus could spread through human movement across borders, requiring an increased Australian border response and the implementation of national influenza pandemic preparedness plans.”
Mr McPhee said considerable work had been undertaken in Australia in the past three years to “prevent, prepare for and respond to” an influenza pandemic.
A central plank in that preparedness was a central medical stockpile of anti-viral drugs and equipment.
“(Australia) has sufficient coverage for 44 per cent of the population which is one of the highest per capita stockpiles in the world,” he said.
He said there was also a whole-of-Government response plan in place and State and Territory Governments had their own influenza pandemic plans.
Mr McPhee’s four recommendations involved strengthening existing monitoring and prevention programs and improving management of the drug stockpile. Both DoHA and DAFF agreed with the recommendations.
“The Australian Government has established a sound contingency framework to respond to an influenza pandemic,” The Auditor-General concluded.
“These arrangements and plans have been developed in conjunction with, and are supported by, the State and Territory Governments and healthcare systems.
“Australia’s preparedness arrangements will require regular review in the light of changing personnel, information and systems to ensure response actions are well coordinated and operate effectively under pressure.
“Experience also indicates the need for well established communication, information sharing and coordination arrangements between Agencies.”
September 18, 2007
Law Reformers Open Doors on Privacy
The Australian Law Reform Commission has proposed a comprehensive overhaul of Australia’s privacy laws, recommending that each State and Territory adopt the same laws as the Commonwealth.
Releasing Discussion Paper 72, Review of Australian Privacy Law, ALRC President Professor David Weisbrot said it was the product of the largest public consultation process in ALRC history.
“We have received over 300 submissions and held over 170 meetings to date, including with business, consumers, young people, health officials, technology experts and privacy advocates and regulators,” Professor Weisbrot said.
“The clearest message from the community is that we must streamline our unnecessarily complex system. The Federal Privacy Act sets out different principles for private organisations and for government agencies. On top of that, each state and territory has its own privacy laws or guidelines and some also have separate laws on health privacy.”
Professor Weisbrot said the ALRC was proposing a single set of privacy principles for information-handling across all sectors, and all levels of Government. He said it would make it easier and less expensive for organisations to comply, and much more simple for people to understand their rights.
Privacy Commissioner Karen Curtis has welcomed the ALRC’s proposal, saying her office would be assessing the Discussion Paper to see the extent to which it addressed the issues the Office raised in its submissions to the ALRC (See PS news of 4 September 2007).
Attorney-General Philip Ruddock also welcomed the release saying that rationalising Australia’s privacy laws seemed like a sensible step.
“Privacy laws have an impact on everyone in our community,” Mr Ruddock said. “It is important that everyone has a chance to comment on the proposals so I would encourage the public and stakeholders to contact the ALRC.”
The ALRC is due to provide its final report in March 2008. Further information on the inquiry can be found at www.alrc.gov.au.
September 18, 2007
RAAF Personnel To Rise Faster
Promotion and advancement opportunities in the Royal Australian Air Force have been overhauled, with career changes soon to become much easier for the nation’s air defence force.
RAAF Director General of Personnel, Air Commodore John Hewitson has announced a raft of changes which promise smoother and easier progress up the career ladder for RAAF personnel while at the same time keeping the fundamental principles of promotion in place.
“It is important for Air Force to ensure personnel management strategies and policies are innovative and constantly breaking new ground to deliver optimal results,” Air Commodore Hewitson said.
He said fundamental principles of the promotion system were unchanged but improvements and adjustments continued to ensure it delivered the best outcomes for Air Force’s future leadership.
Under the changes, officers would now be considered for promotion a year earlier than previously and once identified for promotion, seniority would not be a constraint.
Air Commodore Hewitson said there had also been a revision of the effect Leave Without Pay had on decreasing seniority for promotion and beginning with the 2008 promotion boards, seniority adjustments would be reversed for those members who had taken LWOP in their current rank.
Air Commodore Hewitson said RAAF staff would also now be able to have a voice at the promotion board from 2008.
He said while it was not practical to conduct face-to-face interviews as part of the promotion board process, the RAAF wanted to give its personnel the opportunity to be heard by the board and to allow them a chance to add any other information they felt was important in determining promotability.
He said to make the option of returning to active Permanent Air Force and reserve service following resignation, or transfer to the Standby Reserve more attractive, potential impediments to pursuing further service had also been removed. The Air Force would now have greater regard to core skills, experience and performance when determining rank and seniority conditions when people returned to the PAF or Active Reserve.
September 18, 2007
Court Lays Down Law On Fast Track Cases
The Federal Court of Australia has introduced a “Fast Track List” in a bid to speed up the processes and cut the costs of taking Court action.
In announcing the list, the Court said it was universally accepted that commercial litigation was in urgent need of reform.
The Court said even modest claims cost the parties involved hundreds of thousands of dollars and large claims involved millions of dollars in costs.
It said most commentators accepted that the cost of discovery had become most burdensome and in many cases was the single largest cost incurred in the preparation of a case.
In addition, the practice that was introduced some 20 years ago of requiring parties’ evidence to be tendered in the form of witness statements had significantly added to the costs.
The Fast Track List came into effect from 1 May 2007, using the Victorian District Registry of the Court as a pilot, after extensive consultation within the profession.
Three Judges have now been allocated to the Fast Track List - Justices Finkelstein, Middleton and Gordon.
According to documents published by the Court, the key elements of the Fast Track List were:
* the abolition of pleadings. In the place of pleadings each party must provide a case summary.
* a scheduling conference approximately six weeks after filing. The parties’ lawyers must attend. The principal issues in dispute would be identified, the parties would indicate the witnesses likely to be called, the case would then be set down for hearing.
* in all but urgent cases interlocutory applications to be dealt with on the papers.
* a substantial reduction in the volume of discovery. The two key changes were first, that only significant documents would be discovered and second, the search for discoverable documents was a “good faith proportionate search”.
* a pre-trial conference where outstanding issues would be dealt with, objections to evidence resolved, witnesses and what documents to be tendered would be identified.
* a trial that would be a “chess-clock” style following the current trend in arbitration.
* the Court would endeavour to deliver judgment within six weeks. In urgent matters, the Court would endeavour to deliver judgments more quickly.
September 18, 2007
Scientist Sucks In Clean Air Honour
A scientist with the Commonwealth Scientific and Industrial Research Organisation has won a major award from the Clean Air Society of Australia and New Zealand.
Dr Peter Manins of CSIRO’s Marine and Atmospheric Research Centre in Melbourne was honoured by the Society for “Distinction in the atmospheric sciences” and was presented with his award in Brisbane recently.
Dr Manins is a Chief Research Scientist with internationally recognised expertise in air pollution meteorology and modelling. He has been an expert advisor on several public infrastructure projects and major industrial developments, including Sydney’s Lane Cove Tunnel.
He also led the major Latrobe Valley Airshed Study in the 1980s and has worked as an international advisor for the World Health Organisation, the UK Science Council and the World Meteorological Organisation.
Dr Manins founded CSIRO’s Environmental Consulting Research Unit in 1989 – based on advanced air pollution modelling – and led CSIRO’s air pollution program from the mid-10s.
In making the presentation, CASANZ President, Dr Gerda Kuschel said “Dr Manins is an extremely deserving recipient who has devoted his career to the science of air quality and environmental protection.
“He has been a leader in the development of Australian air-quality science for over 30 years and has been instrumental in many significant research developments, as well as a mentor to numerous young scientists.”
Dr Kuschel said the World Clean Air Congress in Brisbane was a significant event for Australia and the Society. She said the right to host the conference was won by CASANZ from the International Union of Air Pollution Prevention Associations – a body with 37 member countries and 60,000 members.
Only held every three years, it is one of the major forums for international air-quality scientists to meet and discuss their progress. This year the conference was attended by more than 400 delegates from 15 countries.
September 18, 2007
Customs Sniffing Out Homes For Pups
The Australian Customs Service is looking for foster homes for 19 puppy dogs who will eventually become trained sniffer dogs.
With a large number of puppies expected to be born within the next six months, Customs is seeking individuals or families in Melbourne to be a part of the Customs Puppy Foster Carer Scheme.
Manager of Customs’ National Breeding and Development Centre, John Vandeloo said the Service had 19 puppies needing homes immediately and seven more litters were on the way.
“The Customs Puppy Foster Carer Scheme enables individuals or families to enjoy the fun of raising a puppy, while working in partnership with Customs,” Mr Vandeloo said.
“With an increasing focus on border security, Customs is continually seeking people to raise pups in their homes. Most people involved in the scheme feel that they are helping to protect their communities.”
Mr Vandeloo said Customs provided all the food, veterinary needs, equipment, expert advice and training. Carers in return provided a safe home for the pup and also got them used to the sights, sounds and smells of their urban or suburban environments.
The Customs Puppy Foster Carer Scheme involves hosting a pup from eight weeks until they are about 12 months of age. The dogs were then assigned a career path within Customs or another agency.
Customs breeds its own Labrador puppies at the Customs National Breeding and Development Centre in Melbourne, ensuring a reliable source of high-quality suitable dogs for training as drug or firearm and explosives detector dogs.
Mr Vandeloo said Labradors were selected for their focus, versatility, temperament and strong hunt-and-retrieve drive.
Since 13, Customs has bred more than 1300 puppies which have been successfully deployed throughout Australia and overseas as operational detector dogs. Many other agencies use dogs bred by Customs including the Australian Defence Force and the Australian Federal Police.
Information packs on becoming a Customs Puppy Foster Carer are available at www.customs.gov.au or by phone on 1800 664 106.
September 18, 2007
Air Noise All-Clear Brought to Ground
The Federal Court has been asked to stop the Minister for Transport from approving aircraft noise plans prepared by Canberra Airport for the next 20 years which would affect a $2.5 billion land development in nearby NSW.
Approving the plan has implications for planned Tralee housing estate near Queanbeyan, part of which falls under the airport’s noise exposure contour.
The case revolves around the aviation watchdog, Airservices Australia endorsing an airport’s traffic projections without testing that those projections are realistic. According to The Australian newspaper, the Canberra Airport case has national implications.
Legal action attempting to force Airservices to test the assumptions on which the projections were made has already been lost in the Federal Court but an appeal has been lodged.
The Australian said that Canberra Airport predicted its annual traffic levels at 283,000 aircraft movements, just below the 285,000 currently serviced by Sydney Airport, the nation’s busiest. The Canberra figures reduce to an average of 780 aircraft movements a day, or one every two minutes.
The newspaper said that while Sydney used multiple runways to handle its traffic, the single-runway system at Canberra made it comparable to England’s Gatwick airport which was “the busiest and most productive single runway system in the world today.”
The Canberra-based threat to the NSW housing development has angered NSW Planning Minister, Frank Sartor, who has written to the Commonwealth Minister claiming the law was flawed.
Mr Sartor is said to have promised action if Airservices adopted “meaningless” projections that impacted on supplying affordable housing to the citizens of NSW.
Developer of Tralee, Bob Winnel said the upshot of the law was that airports could influence land-use decisions outside their borders without any checks or balances.
September 18, 2007
Rugby Club Scores For Unemployed
The South Sydney Rabbitohs rugby league team has been signed up by the Department of Employment and Workplace Relations to take part in an Indigenous employment program
The Minister for Employment and Workplace Relations, Joe Hockey announced the $2 million program saying it would provide more than 200 jobs across NSW.
“The initial phase of the program is a six-month scoping project to identify employment and training opportunities, as well as opportunities with the South Sydney Leagues Club and the club’s corporate sponsors,” Mr Hockey said.
“This project is also part of a larger, whole-of-government education and employment program being established with the Rabbitohs. It’s obvious the Rabbitohs have a serious commitment to working with disadvantaged young people and their families by directly engaging current players in the delivery of programs across communities. This is admirable.”
Mr Hockey said that despite the 33-year-low unemployment rate, indigenous unemployment was still too high.
“Having a job is one of the most important ways for people to participate in our society and giving someone a job is just as meaningful,” Mr Hockey said.
“Through partnerships, like the one we are establishing with the Rabbitohs and Souths Cares, the Australian Government hopes to provide every opportunity for Indigenous Australians to get a job, start a career, and build a sustainable future.”
September 18, 2007
Scientists Sail Into Great Barrier Reef
The first comprehensive exploration of the impact of climate change on the Great Barrier Reef has been produced with input from more than 80 of the world’s climate and tropical marine experts.
The publication entitled Climate Change and the Great Barrier Reef: A Vulnerability Assessment provides a synthesis of the implications of climate change for species, habitats and ecosystem processes on the Great Barrier Reef.
Minister for the Environment and Water Resources, Malcolm Turnbull said the vulnerability assessment contributed to the understanding of the Great Barrier Reef and underlined the importance of the Government’s approach to mitigating the effects of climate change on the Reef.
“The Great Barrier Reef is a valuable social, environmental and economic resource, contributing over $6 billion each year to the Australian economy,” Mr Turnbull said.
“This ground breaking study is a valuable tool for helping us understand how to better protect and manage the Great Barrier Reef now and into the future.”
Mr Turnbull said the publication validated the Government’s commitment of almost $9 million dollars over five years towards the Climate Change Action Plan to mitigate impacts of climate change on the Reef.
“The development of the Great Barrier Reef Climate Change Action Plan 2007 – 2012 represents a real investment in the preservation of the Great Barrier Reef for the future.”
The Action Plan focuses on reducing climate-induced stresses, developing strategies to support the natural resilience of the ecosystem, promoting adaptation of industries and communities, and reducing climate footprints to ensure its long-term sustainability.
He said the Government was recognised internationally as a leader in protecting coral reefs from the impacts of climate change and the funds allocated to implementing the Action Plan were in addition to a considerable investment in research through the Marine and Tropical Science Research Facility and day-today management of the Great Barrier Reef Marine Park.
September 18, 2007
Net Tightens Around Web-based Offenders
A Working Group has been established to add further protections on the internet for Australia’s children.
Building on the NetAlert program, the Working Group is expected to address the potential serious abuse of social networking sites by paedophiles and sex offenders to contact and groom children.
Minister for Communications, Senator Helen Coonan said the Consultative Working Group was a logical extension of the Government’s NetAlert – Protecting Australian Families Online program.
“It is critical that we work together to identify innovative and effective mechanisms to deal with new and emerging dangers online,” Senator Coonan said.
“Industry organisations such as MySpace and Microsoft, and community groups such as Bravehearts are already on the front line,” she said.
“There is no greater danger online than sex offenders using internet, and particularly social networking sites, to identify and abuse children.”
Minister for Justice, Senator David Johnston said the Working Group would report on the nature and scope of the criminal threat posed by social networking sites for grooming children for sexual offences.
“The Government is committed to exploring any workable mechanism to eliminate the misuse of social networking sites by those seeking to exploit children,” Senator Johnston said.
The Working Group would report on existing measures and suggest reforms that could assist in providing children with more protection when they use these sites.
The Group would be chaired by the First Assistant Secretary, Criminal Law Branch at Attorney-General’s, Joanne Blackburn and consist of one representative from each of the following bodies: the Australian Federal Police (Assistant Commissioner Roman Quaedvlieg), CrimTrac (CEO, Ben McDevitt), the Department of Communications, Information Technology and the Arts (Deputy Secretary, Abul Rizvi), MySpace (Rebekah Horne), Microsoft (Julie Inman), Bravehearts (Hetty Johnston), the National Association for Prevention of Child Abuse and Neglect (Marie Fox), the Alannah and Madeline Foundation (Judith Slocombe), Internet Industry Association (Peter Coroneos).
In addition, nominees would be sought from State and Territory Attorneys-General and State and Territory Police Ministers.
September 18, 2007
Nuclear Agency Glows In Research Success
Groundbreaking research from the Australian Nuclear Science and Technology Organisation has yielded a new method to safely decontaminate radioactive DNA and preserve the sample.
ANSTO’s on-line magazine Velocity has reported that the growing threat of radiological materials being used for malevolent purposes meant forensic biologists may be presented with criminal evidence contaminated with radioactive materials, which would compromise the quality of the DNA sample.
However, research by ANSTO scientist David Hill and PhD student Serena Abbondante from the University of Canberra found that preserving the DNA found in radioactively contaminated biological samples could be done safely and effectively using a special magnetic resin.
“Using magnetic resin to remove and purify DNA after contamination is the most effective and safe method in existence and is currently being adopted by law enforcement agencies around the world,” Dr Hill said.
“DNA can live in all fragments of our selves - skin, hair, saliva, but in extended contact with high levels of radioactivity it can get severely damaged. This means that in the event of a radiological attack, biological evidence may be slowly destroyed by radiation, making it extremely difficult for forensic scientists to trace the people responsible.”
Dr Hill said that if radioactive material was involved in a crime and the perpetrator left DNA behind, it was likely that it would be contaminated. He said it was therefore imperative that the DNA be removed from the radioactive material without damaging the quality of the sample.
“To overcome this problem we use the extraction techniques we have developed as part of ANSTO’s counter terrorism project to help Australia prepare, prevent, respond and recover in the event of a radiological incident,” Dr Hill said.
September 18, 2007
Census Data Has Date With Future World
The Australian Bureau of Statistics and the National Archives of Australia have joined forces to launch a time capsule of the 2006 Census data which would not be opened for years.
Director-General of the Archives, Ross Gibbs said the National Archives played a valuable role in not only securely preserving Australia’s history but also ensuring Australians had access to a national archival collection that assists them to understand their heritage and democracy.
“All this valuable data will be a rich lode of social history for our descendants years from now,” Mr Gibbs said.
“Archives is mindful of its important role in the secure custody of the records until that time and we are proud to take care of Australian memories.”
The 2006 Census was only the second time that people could elect to have their personally identified census information kept on microfilm by Archives and made publicly available in years.
More people chose to participate in the 2006 Census Time Capsule with 56.1 per cent or 11,256,886 Australians (up 3.4 per cent since the 2001 Census) requesting to have their name identified in information stored by the Archives.
People who used the Internet eCensus form were more likely to participate (67.4 per cent) in the Census Time Capsule than those who filled out the paper census form (57.5 per cent).
Australian Statistician, Brian Pink, said that both organisations had a proud history of maintaining the confidentiality of information.
“Maintaining the privacy and confidentiality of individual respondent data is a core value for all ABS staff and we have worked closely with the National Archives to ensure that confidentiality is maintained for every step of this operation,” Mr Pink said.
“The ABS is in the final stages of data processing and as this is completed the ABS will destroy all the name-identified census information it holds, including the computer records and the paper forms. In fact, the paper forms have already been pulped for recycling.”
Mr Pink and Mr Gibbs said the time capsule comprised microfilm copies of the census information provided by the people who chose to be included in the project.
It was being securely stored by the National Archives and would only be opened to the public in the year 2105.
September 18, 2007
Tourists Land New Consumer Protection
International visitors to Australia are to receive stronger consumer protection under a new initiative announced by the Minister for Tourism, Fran Bailey.
The Fair Go for Tourists scheme has been launched to counter rogue tourist operators who rip off overseas visitors, particularly those from North Asia.
“Many tourists often don’t know where to go to complain,” Ms Bailey said. “Culture and language are often barriers.
She said through this new initiative, the Government would make it easier to lodge a complaint so action can be taken.
“Rogue operators are a thorn in the side of the tourism industry. While the majority of the tourism industry does the right thing, a few rogue operators remain.
“I am determined to drive these rogue operators out of the industry.”
Ms Bailey encourage anyone who was subject to - or witnessed - rogue behaviour to contact authorities right away.
An on-line complaints facility had already been established and would soon be available in North Asian languages. In addition, regular surveys of North Asian tourists would be conducted to monitor unfair conduct.
Ms Bailey reiterated her call for NSW to introduce legislation to stamp out unacceptable operator behaviour.
“The Australian and Queensland Governments have done their bit with tough regulation and enforcement. Unfortunately the problem has now shifted south of Coolangatta.
“The hole in the fence is found in Sydney,” she said, “where the NSW Government has failed to introduce specific legislation.”
Ms Bailey said the Australian Government had provided $3.9 million in the 2006 Budget to tackle rogue operators and strengthen the China Approved Destination Status scheme.
Through the Compliance Monitoring Agency, 280 checks have been done and two operators suspended for breaching government regulations.
September 18, 2007
Auditor Spends Time On Buying Guide
The Auditor-General has issued a Better Practice Guide on purchasing in the Public Sector, aimed at increasing the fairness and transparency of PS buying decisions and clarifying the important role probity in the purchasing function.
Entitled Fairness and Transparency in Purchasing Decisions: Probity in Australian Government Procurement, the Guide was prepared to assist officials who conducted procurement activities.
Auditor-General, Ian McPhee said the Government spends approximately $29 billion annually on purchasing goods and services.
“Each year nearly 90,000 contracts are awarded,” Mr McPhee said.
“Many of these purchases are for relatively minor amounts; others are significant and cost tens or hundreds of millions of dollars.
“Australian Government officials need to ensure that these purchasing decisions represent value for money, which is more likely to be achieved when probity principles are put into practice, and purchasing decisions are made in a way that is fair, transparent and accountable.”
He said whether relatively straightforward or complex, the nature of procurement activity meant it would generate a range of probity issues.
Mr McPhee said the guide was not intended to provide prescriptive instructions.
“Rather it is recognised that individual purchases have specific risks and, therefore, require tailored approaches to the management of probity,” he said.
“While broadly applicable to all procurement activity, this BPG is more relevant to high-value procurements, where the risks are generally greater.
“In particular, Part 5 illustrates the procurement tasks that take place during each stage of a more-complex and higher-risk procurement, and provides practical probity guidance for preparing a probity plan.”
Mr McPhee said that in preparing the BPG, the ANAO had built on the guidance provided by the Department of Finance and Administration in its Financial Management Guidance series of publications, including the principles underpinning probity identified in the Commonwealth Procurement Guidelines.
September 11, 2007
Protest Upheld Over Protest Warnings
The Federal Court of Australia has ruled that a number of Commonwealth Departments discriminated against some of their workers by denying them leave to protest against industrial relations policies which could affect them.
In an action brought by the Community and Public Sector Union, the Court found that an advice issued by the Department of Workplace Relations in 2005 discriminated against the Public Servants concerned.
The Court ruled that the Officers had breached the Public Service Code of Conduct by advising Departments that they should not approve the leave for their staff to attend the IR protest in November.
The National Secretary of the CPSU, Stephen Jones, said the union was delighted with the Court’s decision.
“It reaffirms two essential democratic principles,” Mr Jones said.
“It confirms that Public Sector employees are entitled to freedom of political expression, in their own time.
“It also confirms employers have no right to tell their employees what they can or can’t do on their day off.”
According to Mr Jones the CPSU argued that the Commonwealth Government had breached the freedom of association provisions under the Workplace Relations Act by refusing employees leave on the basis of their union membership.
“The decision demonstrates that there is a mountain of work to be done to de-politicise the senior levels of the Commonwealth Public Service,” he said.
The Day of Protest attracted thousands of Public Servants around the country but an email sent to Agency heads by DEWR said managers should “consider their operational requirements and the agreed leave provisions” before granting leave.
The Federal Court said managers at Customs, the Tax Office, Veterans’ Affairs and the Department of Education, Science and Training regarded the DEWR advice as a reflection of Government policy. The Court said they had understood the email to mean leave should not be made given to an employee who intended to attend the protest.
September 11, 2007
Auditor Spends Time On Buying Guide
The Auditor-General has issued a Better Practice Guide on purchasing in the Public Sector, aimed at increasing the fairness and transparency of PS buying decisions and clarifying the important role probity in the purchasing function.
Entitled Fairness and Transparency in Purchasing Decisions: Probity in Australian Government Procurement, the Guide was prepared to assist officials who conducted procurement activities.
Auditor-General, Ian McPhee said the Government spends approximately $29 billion annually on purchasing goods and services.
“Each year nearly 90,000 contracts are awarded,” Mr McPhee said.
“Many of these purchases are for relatively minor amounts; others are significant and cost tens or hundreds of millions of dollars.
“Australian Government officials need to ensure that these purchasing decisions represent value for money, which is more likely to be achieved when probity principles are put into practice, and purchasing decisions are made in a way that is fair, transparent and accountable.”
He said whether relatively straightforward or complex, the nature of procurement activity meant it would generate a range of probity issues.
Mr McPhee said the guide was not intended to provide prescriptive instructions.
“Rather it is recognised that individual purchases have specific risks and, therefore, require tailored approaches to the management of probity,” he said.
“While broadly applicable to all procurement activity, this BPG is more relevant to high-value procurements, where the risks are generally greater.
“In particular, Part 5 illustrates the procurement tasks that take place during each stage of a more-complex and higher-risk procurement, and provides practical probity guidance for preparing a probity plan.”
Mr McPhee said that in preparing the BPG, the ANAO had built on the guidance provided by the Department of Finance and Administration in its Financial Management Guidance series of publications, including the principles underpinning probity identified in the Commonwealth Procurement Guidelines.
September 11, 2007
ACMA Adds Ad Time
The Australian Communications and Media Authority has agreed to allow television stations to broadcast more commercials and election advertising than is usual in the lead-up to the Federal election.
Under a revised version of the Commercial Television Industry Code of Practice, an additional one minute per hour of political non-program matter could now be broadcasted from 6pm to midnight during election periods.
ACMA Chairman, Chris Chapman said the Authority was satisfied the commercial free-to-air television industry peak body, Free TV Australia, had fulfilled requirements for public consultation on the matter, as set out in the Broadcasting Services Act 12.
“Based on the evidence provided from submissions, there was no strong view that the proposed amendment would result in a lessening of community safeguards during an election period,” Mr Chapman said.
Under the previous version of the code, broadcasting the additional minute would breach restrictions regarding the average amount of non-program matter, which applied without distinction between election and non-election periods.
Details regarding the amendment are available on Free TV’s website, www.freetv.com.au.
September 11, 2007
Fairness Stats Give Fair View of Test
The Workplace Authority has published its first statistical report on its application of the Fairness test to workplace agreements in Australian industry.
Head of the Workplace Authority, Barbara Bennett said the statistics provided the first snapshot of how the Authority was progressing with the application of the Fairness Test.
“Publication of the data reflects the Workplace Authority’s commitment to being transparent,” Ms Bennett said.
“It has been a challenging task, establishing the Workplace Authority and beginning the processing of agreements. However, we have made significant progress in a short period of time.”
The Minister for Employment and Workplace Relations, Joe Hockey said the statistics provided strong evidence that people were not loosing protected award conditions such as penalty rates, without proper compensation.
“This Government is committed to better pay and conditions for working families and the fairness test is ensuring this happens,” Mr Hockey said.
“There is still a lot of work to do but I am very pleased the Workplace Authority is working closely with employees and employers to administer the stronger safety net for working Australians.”
By the end of August the Workplace Authority had finalised 12,749 assessments. Of these:
* 6237 agreements passed the Fairness Test – these agreements commonly provided a higher rate of pay in exchange for changes to protected award conditions
* The Fairness Test did not apply to 5408 agreements – either because protected award conditions did not change or because the employee earned more than $75,000 per annum * 1070 agreements were assessed as requiring changes within 14 days to meet the Fairness Test
* 29 agreements met the Fairness Test following the changes – in most of these cases the employers agreed to pay a higher hourly rate of pay
* five agreements ceased to operate because the changes needed to pass the Fairness Test were not made so the employees go back to the entitlements they would have received, as if the agreement had never been made.
Ms Bennett said given these were early figures, people should be cautious when drawing preliminary conclusions from the first set of statistics.
She said however that the figures showed the Fairness Test was working.
Ms Bennet said the figures also showed a need to continue educating employers and employees on agreement making and the requirements of the Fairness Test.
September 11, 2007
Paws In War Effort To Remember Dog
The Australian Army’s Reconstruction Task Force in Afghanistan took time off from their duties recently to mourn the death of their Explosive Detection Dog, Merlin, who was accidentally killed on duty.
Merlin was killed in a motor vehicle accident while supporting RTF reconstruction activities on the outskirts of Tarin Kowt.
RTF personnel gathered at the Kamp Holland kennel complex with RTF Chaplain, Captain Craig Potter to farewell their four-legged mate.
Defence Spokesperson, Brigadier Andrew Nikolic said Merlin was a veteran of three operations including support to the 2006 Commonwealth Games and operations in Timor-Leste.
“Merlin is the first Army explosive detection dog to die on operations,” Brigadier Nikolic said.
“His death will be keenly felt by the RTF and the wider Royal Australian Engineers, particularly their specialist dog handlers.”
Explosive Detection Dogs are used by the RTF in a specialist search capacity to counter the high threat of improvised explosive devices throughout Oruzgan Province.
The RTF maintains an Explosive Detection Dog capability providing the required level of force protection for deployed Australian troops.
September 11, 2007
DMO Project Award Is Materiel Fact
The Defence Materiel Organisation has taken out the Project of the Year Award (ACT) at Australian Institute of Project Management’s Awards announced in Canberra recently.
DMO won the honour for its HMAS Westralia replacement project, which had evolved since it began in 2001.
Project SEA 1654 was initially designed to deliver a purpose built $450 million support ship to replace the Royal Australian Navy’s aging auxiliary oiler, HMAS Westralia by 2009. However, in late 2003 changes to international maritime regulations forced the project to be brought forward to 2006.
With a purpose-built ship no longer an option, the only feasible way to continue the project was to purchase and convert a commercial oiler.
In record time, and against fierce international competition for base ships, the project team was able to secure an “as new” vessel; develop fully costed specifications for the conversion to RAN requirements; and award and manage a demanding conversion contract.
HMAS Sirius was completed in 2006, ahead of schedule and under budget.
The project will now represent the ACT at the National Awards to be held in Hobart on 9 October.
Project AIR 8000 Phase 3 was also highly commended in the Defence/Aerospace division for their work in the delivery of the C-17 aircraft.
September 11, 2007
Wind Farm Framework Blowin’ in the Wind
A working group has been established to develop a national code for wind farms.
Minister for the Environment, Malcolm Turnbull announced the new group saying it would produce a framework for community consultation about the siting and development of wind farms across the country.
“Wind power certainly has a role in securing Australia’s energy future and reducing our greenhouse gas emissions,” Mr Turnbull said.
“It is therefore important that attention be given to finding sites that address both the wind availability requirements of wind developers and the concerns of local communities.
“With the development of a wind code, we are seeking a sensible balance of the relevant economic, environmental and social factors.”
The group was created following a discussion paper and roundtable with key stakeholders on developing the Commonwealth Government’s proposed national code for the location of wind farms.
“While primary responsibility in these matters rests with State and Territory Governments, there should be a more consistent approach than currently exists across Australia,” Mr Turnbull said.
Members of the working group represent a balance of community, rural, Local Government and wind energy industry interests.
The members are:
* Denis Smedley, a senior executive of the Department of the Environment and Water Resources (Chair);
* Liz Johnstone, senior planning adviser at the Municipal Association of Victoria; * Andrew Richards, chair of the Australian Wind Energy Association, a vice president of the Business Council for Sustainable Energy, and Executive Manager, Corporate Affairs and Marketing, Pacific Hydro;
* Brett Thomas, managing director of Melbourne arm of Acciona, a world leader in renewable energy;
* Tim Le Roy, spokesperson for the Tarwin Valley Coastal Guardians;
* Yvonne Wenham, spokesperson for Friends of Future Generations (SA);
* David Clarke, a farmer from Waubra, Victoria;
* Di Jay, Chief Executive of the Planning Institute of Australia; and
* Colin Griffith, Chief Executive of the Australian Council of National Trusts.
The code is expected to be finalised later this year.
September 11, 2007
National Awards Call ComSuper Callers
An operator from ComSuper’s Contact Centre in Canberra has reached the national finals for the Australian Teleservices Association awards for excellence.
Diana Richardson was awarded overall winner of the Teleprofessional category for the ACT/NSW region and will head to the national finals in mid-September.
ComSuper was the only ACT-based contact centre to win an ATA award in 2007, being a winner or finalist in four of the seven award categories for the region. This was the first year the Office participated.
The Centre was also a finalist for Best Call Centre (50-120 staff) category. Two other ComSuper staff were recognised for their excellence with Lola Pintos-Lopez and Renee Ford finalists in the Team Leader and Contact Centre Champion categories respectively.
ComSuper Chief Executive and Commissioner for Superannuation, Leo Bator congratulated the contact centre representatives saying the awards affirmed the high standard of services provided by ComSuper’s contact centre.
“Our contact centre manages the superannuation accounts of well over 600,000 superannuation scheme members – a task made all the more challenging due to the number and complexity of the superannuation schemes we administer,” Mr Bator said.
“The increased workloads arising from the community’s growing interest in superannuation has seen our contact centre respond to over 430,000 calls, letters and emails from scheme members during the last financial year.
“It’s impressive that our contact centre staff have both managed this workload and been successful in the awards process in the first year of entering.”
Mr Bator also said ComSuper wanted to attract more quality contact centre staff, like the award participants.
“People sit at the very heart of our business and we want to attract more quality candidates looking for a dynamic workplace where they can really make a difference,” he said.
“Our contact centre trainees are given a strong foundation in the business, undertaking two months’ training on commencement as well as ongoing training throughout their tenure.
Mr Bator said the knowledge contact centre staff acquired made them ideal candidates for springboarding into other areas of the Office.
September 11, 2007
Kids not Kidding On On-Line Safety
School children around the country have participated in the Australian Communications and Media Authority’s online safety program, Cybersmart Detectives.
The innovative program had children work online using a chat-based interface, and play the role of a deputy principal concerned about the welfare of a new student who may be being bullied by someone she has met in an internet chat room.
The children were guided by a series of clues which were released online. Experts and teachers responded in real time to the questions and theories posed by the students, and guided the teams through each of the clues given from an online control room.
As the scenario unfolded, children discussed the risks of certain online and offline behaviours, and ways of managing those risks.
ACMA ran the event in collaboration with Victoria Police, the National Association for Prevention of Child Abuse and Neglect and law enforcement agencies Australia wide.
ACMA Chairman, Chris Chapman it was a valuable online safety event which supported the Government’s NetAlert - Protecting Australian Families Online initiative and Child Protection Week, which ran from 2 to 8 September.
“ACMA, in partnership with NAPCAN, is raising awareness of a range of online safety issues for young people,” Mr Chapman said.
Experts drawn from education, the police and child advocacy groups guided students through the activity. School-based police officers were also on hand to answer students’ questions at the end of the event.
The Government has also announced that ACMA would receive an additional $2.2 million in 2007-08 to respond to increasing complaints about internet content, requests for internet safety advice and continuing management of the online content scheme.
Awareness and education are essential components of a strategy to manage the potential risks associated with the internet. ACMA would also provide a complaints hotline for the public to report offensive internet material.
Since the hotline began on 1 January 2000, ACMA received more than 5600 complaints. ACMA works through INHOPE, an international network of hotlines that deals primarily with reports about child pornography available on the internet.
To find out more about the hotline, go to www.acma.gov.au/hotline
September 11, 2007
Archives Advice For Heritage Hoarders
The National Archives of Australia has produced a guide for community groups and individuals who want to preserve photographs and papers as a way of documenting their own history.
Keep it for the Future was written by National Archives staff who were keen to share their expertise with the thousands of volunteers that care for the nation’s heritage.
The book was produced in support with the Department of Immigration and Citizenship and was launched by Senator, Gary Humphries at the Archives.
Director-General of the National Archives, Ross Gibbs said the guide would provide a wealth of information and would be of great value to local history groups, genealogical societies, sporting or religious groups, ethnic groups, schools and other volunteer organisations.
“We identified the need for a small book that covered these things in a simple manner to help community groups,” Mr Gibbs said.
“We see it as part of our leadership role in the archival field to encourage everyone to know how to preserve records for future generations.”
He said the guide covered how to identify which records a group should keep and how to register, store and preserve them. It also covers topics including environmental conditions, handling archives and providing access to researchers.
It also provides tips on keeping textiles, film and electronic records, and how to prepare a disaster recovery plan in case of emergencies.
“It also points readers in the direction of the grants available for community heritage collections,” said Mr Gibbs.
The book is available from the National Archives or from its e-shop on www.naa.gov.au at a cost of $4.95.
September 11, 2007
Children’s TV Easy as ABC
The Australian Broadcasting Corporation has thrown its weight behind the creation of a non-commercial children’s television service for Australia.
In a submission to the Australian Communications and Media Authority Children’s Television Standards Review, the ABC argued in favour of the service which it said would provide a trusted destination in the digital media environment for the 2.5 million families in Australia with children under 15 years old.
It said future generations of Australian children risked missing out on quality Australian content if it was not provided in the places and at the times they wanted.
ABC Director of Television, Kim Dalton said the key issue was to ensure audiences and quality Australian content connected.
“ABC TV offers the pre-eminent children’s service in Australia, yet it is increasingly finding its audience moving to subscription television children’s channels, which predominantly carry overseas programming,” Mr Dalton said.
He said if Australian children and parents were to have access to Australian programs in the developing digital environment, then a dedicated, commercial-free Australian children’s channel was an integral part of the solution.
“This means ensuring children have access to the best locally-made programming, ensuring that safe and secure environments are provided for Australian children and their families,” Mr Dalton said.
“Australian children should expect to see and hear places and voices that are familiar to them on television, and in the absence of children’s content requirements, there is unlikely to be a significant level of Australian’s children’s programs broadcast.”
ABC TV’s proposal recognised the impact of the evolving digital media environment – children’s audiences were already moving to new platforms, as well as accessing content online and via a range of devices.
The proposal for the establishment of a commercial-free, dedicated digital children’s television service has been made by the ABC together with the Australian Children’s Television Foundation.
September 11, 2007
Water Aid Delivers More Crop Per drop
A research study funded by Australia’s overseas aid agency, AusAID has revealed that our aid program is helping to save Australian farmers 1,000 billion litres of water a year and could save a further 2,000 billion litres.
Parliamentary Secretary for Foreign Affairs, Greg Hunt said key projects conducted in countries such as China, Pakistan and India were also delivering huge water savings for farmers in Australia.
Releasing the report More crop per drop, Mr Hunt said the research helped save water in the Murray Darling Basin, the Ord River Irrigation Scheme and the Darling Downs and northern NSW.
The water management projects were funded through the Australian Centre for International Agricultural Research.
“Our farmers are now bearing the fruits of joint agricultural research projects involving scientists from Australia and developing country partners,” Mr Hunt said.
“The projects have the potential to save three million Olympic-sized swimming pools or enough water to fill six Sydney Harbours every year.”
The four key ACIAR research projects include:
* growing more rice with less water in the Murrumbidgee and Coleambally Irrigation Areas
* improving irrigation efficiency in the Ord Irrigation Area, northern Australia * sustainable reuse of saline drainage water in the Murray-Darling Basin
* boosting water efficiency through conservation tillage and controlled-traffic farming on the Darling Downs and in northern NSW.
“Our overseas aid for crop research is helping to achieve real water savings in Australia by using less water or getting more production out of the same amount of water, or more crop per drop,” Mr Hunt said.
“Water is of critical importance in agricultural systems around the world and in many places is the productivity limiting factor. Population growth and urbanisation are accelerating water consumption.”
He said efficient water use and sustainable management of water resources were two key areas of research undertaken by ACIAR.
“Australia is a world leader in water-resource research,” Mr Hunt said.
“Over the past 25 years, ACIAR has invested in 98 research projects that substantially draw on Australian expertise to improve water productivity in the Asia-Pacific region.”
The report More crop per drop is available at www.aciar.gov.au
September 11, 2007
Bright Ideas All The IP fashion
A new website and booklet on intellectual property rights in the fashion industry have been launched by the Parliamentary Secretary for Industry, Bob Baldwin.
Titled Fashion Rules, the new resources form a guide on IP for Australia’s clothing and fashion design industry.
“Investment in intellectual property protection in the fashion industry is just as important as investing time, effort and money in developing new designs,” Mr Baldwin said.
“There is nothing more soul destroying than seeing your hard work and creativity being copied and exploited by an unscrupulous operator.
“The Fashion Rules project is designed to get the intellectual property message out into the clothing and fashion design industry so that those people creating fashion have a better chance of making an informed decision in regards to IP protection.”
Fashion Rules was developed by IP Australia in collaboration with the Australian Fashion Council and the Council of Textile and Fashion Industries of Australia.
General Manager of the Australian Fashion Council, Zoe Edquist said it would be a great resource for the Australian fashion industry and would help demystify the often complex world of intellectual property.
Fashion Rules can be seen at www.ipfashionrules.gov.au.
September 11, 2007
Gap-Year Visas Fill Gap in Tourism
Australia’s tourism industry is expected to benefit from a reciprocal agreement with the United States to introduce Work and Holiday visas for students travelling and working in their gap year.
Minister for Tourism, Fran Bailey said the new agreement would deliver a boon for the tourism industry and help fill vacant jobs for Australian small businesses and tourism operators.
“Regional Australia will benefit in particular,” Ms Bailey said.
“As well as the additional spending by these cashed up travellers working and touring in one locality, tourism and other small businesses will receive assistance meeting seasonal labour shortages.”
She said a similar agreement with the UK resulted in thousands of British backpackers visiting Australia.
“I am hopeful this initiative will provide even better results,” Ms Bailey said.
The new agreement would allow American students and graduates aged between 18 and 30 to spend one year travelling and working in Australia. They could work for one employer for up to six months or take an Australian course for up to four months.
Ms Bailey said in 2006-07, more than 455,000 Americans visited Australia, making the US the nation’s fourth largest inbound tourism market.
She said the new agreement would encourage more young Americans to stay longer and spend more.
Ms Bailey said Tourism Australia worked in partnership to promote the program with STA Travel and Roadtrip Nation, a multimedia organisation with a TV series, DVDs, books and online communities aimed at youth and student travellers.
“Australia will be featured on US prime time television via the hip program Roadtrip Nation, reaching 208 million American households,” she said.
“This will be backed up with a US-wide college tour targeting over 2.5 million students as well as online activities on Roadtripnation.com and australia.com, and programs for the travel trade.
“We want to encourage savvy student and youth travellers from the US to head Down Under for their working holiday.”
The new Work and Holiday Agreement is expected to be implemented on 31 October 2007, with an unlimited number of visas available to eligible Americans.
September 11, 2007
Chinese Treaty To Break Down walls
Australia and China have entered treaties on the extradition and transfer of persons convicted of crimes.
The treaties were marked by the signing of Attorney-General Philip Ruddock on behalf of Australia and China’s Minister of Foreign Affairs, His Excellency Yang Jiechi.
Mr Ruddock said the treaties represented a strengthening of cooperation between the two nations.
“Extradition and transfer of prisoner relationships with other countries are important tools in the effective administration of criminal justice,” Mr Ruddock said.
“These treaties strengthen our ability to combat transnational crime and allow prisoners to serve their sentences in a more familiar environment.”
The treaties, together with the Mutual Legal Assistance in Criminal Matters Treaty that came into force in March this year, would ensure Australia and China were in a strong position to effectively combat domestic and transnational crime and that neither country would become a safe haven for fugitive criminals.
Consistent with the requirements of the Extradition Act 1988, the Extradition Treaty would provide a number of safeguards for individuals, including grounds of refusal in cases which attracted the death penalty.
In signing an extradition treaty with China, Australia joined countries such as France, Spain and Portugal, who in recent years also strengthened their international crime cooperation relationship with China through the conclusion of extradition treaties.
September 11, 2007
MAC Attack Sets Records Straight
A definitive report on the importance of recordkeeping in the Australian Public Service has been issued by the Management Advisory Committee.
The report, Note for File: A Report on Recordkeeping in the Australian Public Service, responds to the challenge faced by APS agencies in managing records, given the complexity of information in the modern world, changes in technology and the sheer volume of material that Agencies are required to process.
The Report also examines what recordkeeping is and why it is important the Public Service do it well.
The report has a practical focus, emphasising that not all documents created in the APS were of high value or needed to be managed corporately. Instead, it focuses on “important or useful” records that are of real importance to the APS’s business and accountability requirements.
In welcoming the release of the Report, APS Commissioner, Lynelle Briggs said, “… effective, efficient and practical recordkeeping practices are a key element in good governance and overall corporate health.
“Agencies with ineffective information management systems and poor knowledge transfer can be at risk of poor performance.”
Commissioner Briggs noted that appropriate recordkeeping was essential in the modern APS at all levels.
At the whole of Government level, she said the APS needed to ensure it had the best possible framework in place. Agency heads and corporate leaders needed to ensure that practical systems were developed and implemented within Agencies and all employees needed to incorporate good recordkeeping practices in their day-to-day work.
The report was launched by the Chair of MAC, Dr Peter Shergold. The Director-General of the National Archives, Ross Gibbs also discussed some new Archives products designed to assist Agencies to meet their recordkeeping responsibilities.
A summary guide had also been developed for wider circulation to APS employees to
assist agencies promote the importance of effective recordkeeping.
There were also eight case-studies on the MAC website providing practical examples of how Agencies were tackling the challenges of good recordkeeping.
For more information, visit www.apsc.gov.au/mac/
September 4, 2007
MAC Attack Sets Records Straight
A definitive report on the importance of recordkeeping in the Australian Public Service has been issued by the Management Advisory Committee.
The report, Note for File: A Report on Recordkeeping in the Australian Public Service, responds to the challenge faced by APS agencies in managing records, given the complexity of information in the modern world, changes in technology and the sheer volume of material that Agencies are required to process.
The Report also examines what recordkeeping is and why it is important the Public Service do it well.
The report has a practical focus, emphasising that not all documents created in the APS were of high value or needed to be managed corporately. Instead, it focuses on “important or useful” records that are of real importance to the APS’s business and accountability requirements.
In welcoming the release of the Report, APS Commissioner, Lynelle Briggs said, “… effective, efficient and practical recordkeeping practices are a key element in good governance and overall corporate health.
“Agencies with ineffective information management systems and poor knowledge transfer can be at risk of poor performance.”
Commissioner Briggs noted that appropriate recordkeeping was essential in the modern APS at all levels.
At the whole of Government level, she said the APS needed to ensure it had the best possible framework in place. Agency heads and corporate leaders needed to ensure that practical systems were developed and implemented within Agencies and all employees needed to incorporate good recordkeeping practices in their day-to-day work.
The report was launched by the Chair of MAC, Dr Peter Shergold. The Director-General of the National Archives, Ross Gibbs also discussed some new Archives products designed to assist Agencies to meet their recordkeeping responsibilities.
A summary guide had also been developed for wider circulation to APS employees to
assist agencies promote the importance of effective recordkeeping.
There were also eight case-studies on the MAC website providing practical examples of how Agencies were tackling the challenges of good recordkeeping.
For more information, visit www.apsc.gov.au/mac/
September 4, 2007
Competition Catches Official Suppliers
Companies supplying Government contracts are no longer immune to the provisions of the competition law following a major decision of the High Court.
In upholding an appeal by the Australian Competition and Consumer Commission, the High Court determined that Crown immunity for companies dealing with the Government no longer applied.
On the basis of the judgment, all transactions by companies – including those with Government - are subject to prohibitions against anti-competitive conduct.
The ruling overturned a decision of the Federal Court which gave a private company “derivative” Crown immunity because the State Government Agencies with which it was dealing, enjoyed that status.
Ironically, the Federal Court, at both trial and appeal, referred to a 1979 High Court decision in justifying its ruling.
According to the ACCC however, the High Court has now noted that the Trade Practices Act 1974 had changed since its previous decision and no longer represented the current state of the law.
The decision went against claims by the State Governments of New South Wales, Queensland, South Australia and Western Australia who took the position that companies contracting with them should be exempted from the Trade Practices Act.
According to ACCC Chairman, Graeme Samuel the decision has brought companies dealing with Governments into line with what was expected of the Governments themselves.
"Government procurement comprises a significant part of the economy," Mr Samuel said.
"(The) decision of the High Court makes it clear that companies supplying Government have the same rights and responsibilities that are applicable to com