Jobs Minister Michaelia Cash resists call to give evidence in AWU court case


Michelle Grattan, University of Canberra

The government’s pursuit of Bill Shorten over a 2005 donation to GetUp has again come back to bite it, as Jobs Minister Michaelia Cash seeks to avoid a court appearance about last year’s police raids on Australian Workers Union offices.

Cash has been subpoenaed to appear in the AWU’s case against the Registered Organisations Commission (ROC) on August 1, as well as to produce documents earlier. But she told a news conference on Wednesday she had instructed lawyers to have the subpoena set aside.

Last year Cash wrote to the ROC about the A$100,000 donation to GetUp from the Australian Workers Union, made when Bill Shorten was union secretary. Shorten was one of the founding directors of the activist group.

The ROC commenced an investigation into whether the donation had been made with proper authority from the union.

Subsequently a member of Cash’s staff tipped off media that the Australian Federal Police were about to raid the AWU offices. Cash denied any knowledge of the alert given by her staffer, who quit over the incident.

The AWU launched court action claiming the warrants and the investigation were invalid.

This week Cash – who refused to say whether she has been interviewed by the AFP – declined on Tuesday evening and Wednesday to appear at the Senate hearings into the workplace portfolio, sending an assistant minister – even though she represents workplace minister Craig Laundy in the Senate.

Labor’s workplace relations spokesman Brendan O’Connor accused Cash of being in hiding.

“She should have taken responsibility for the conduct of her office seven months ago and resigned, which would have been consistent with the Westminster principles of ministerial responsibility,” O’Connor said.

Cash accused Labor and the unions of “a stunt”. “The subpoena was issued at the request of the Australian Workers Union – Bill Shorten’s former union. This is, in fact, the third subpoena at the AWU’s request,” she told news conference.

She said she was not a party to the court proceedings, which were between the AWU and the ROC.

It was Shorten who had questions to answer, Cash said, “Did he donate $100,000 of union members’ money to GetUp, of which he was a director at the time, without proper approval of the union’s executive?”

Cash said she would attend estimates “where I am the responsible minister” but in this case “Craig Laundy is the relevant minister”.

She had “issued instructions to the lawyers to have the subpoenas set aside”.

“This is a protection racket to protect Bill Shorten. Way back last year, if the AWU had produced the evidence that those donations were properly authorised, the matter would have ended there and then”.

The AWU has said the support for GetUp was approved by the union’s executive at the time.

In question time Malcolm Turnbull declared he had “complete confidence in the minister”.

He told parliament: “On the application of the union, the court has issued the subpoena. This is the third subpoena. One was substantially set aside; the other was completely set aside. Senator Cash is entitled to seek to set aside a subpoena if it’s judged not relevant.”

Turnbull said the “central issue was whether Shorten had paid the $100,000 to GetUp without authority, which would be very serious misconduct, “misappropriating other people’s money”.

The ConversationHe questioned why minutes of the relevant meeting hadn’t been produced. “No wonder people increasingly believe they cannot trust the Leader of the Opposition with other people’s money, let alone with the management of our economy”.

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

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Gonski 2.0: there is evidence inclusive schooling will help those left behind



File 20180503 153900 g8updp.jpg?ixlib=rb 1.1
The benefits of mixed-ability classes are shared by all.
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Linda J. Graham, Queensland University of Technology; Ilektra Spandagou, University of Sydney, and Kate de Bruin, Monash University

The recently released Gonski 2.0 Review aimed to examine how school funding should be used to improve school performance and student outcomes. A particular area of focus was to improve outcomes across all student cohorts including disadvantaged and vulnerable students, and academically advanced (“gifted”) students.

The report sets out a radically different vision of Australian school education but does not fully explain how this vision can be achieved.




Read more:
Gonski review reveals another grand plan to overhaul education: but do we really need it?


This omission has been rightly criticised. But there has been little acknowledgement of the positives in the report or the problems it seeks to address. These problems are real and are important to confront as they affect us all and will increase in the future.

By far the biggest problem is more than one quarter of Australian school students are “missing out” from their school education. This affects their ability to participate in an increasingly high skills economy, setting them up for a lifetime of precarious work or welfare dependency.

The presumption has always been that these students just aren’t “smart enough” to “keep up” and seldom is the need to do so questioned. Gonski 2.0 changes that by recognising and challenging deep fault lines in our education system that have extremely negative equity effects.

What’s the problem?

The report notes our current age/grade system leaves too many students behind. It acknowledges the huge range in the learning readiness of students the same age, stating the:

most advanced students in a year group can be five to six years ahead of the least advanced.

The presence of this gap does not mean students at the lower end are destined to remain there. These students can and do succeed, but it takes the right supports from expert teachers and the time to provide them.

Yet, our system is currently structured in such a way that those who fall behind get left behind. This is because the Australian curriculum is content heavy and the pressure to cover this content over the course of a year leaves teachers with little time to provide the individualised support needed by almost one in five Australian students.

“Summative assessment”, or benchmarking, is used as a blunt tool to determine what students have or have not learned. They are then graded A-E against the achievement standards. In some schools they’re also ranked against their peers.

By the end of their schooling, some 26% have still not achieved a Year 12 Certificate or its equivalent.


https://datawrapper.dwcdn.net/mHvRV/1/


What is Gonski’s solution?

The report proposes a “radical” new approach based on:

  • all students being educated in mixed-ability classrooms

  • greater use of formative assessment to determine where students are in their learning

  • differentiated teaching to meet students at their respective point of need

  • a redirection in focus from comparative achievement against an age/grade standard to individual growth in achievement against a defined learning progression.



The Conversation/Federal government, CC BY-ND

Some commentators have criticised the lack of supporting evidence and it’s true the report relies heavily on a select range of sources and does not make the grade in terms of academic rigour. This does not mean the ideas proposed or practices described are fanciful or have no evidence to support them.

Take, for example, the concept of teaching students in mixed-ability classrooms, the use of formative assessment, and differentiated teaching. While these might sound radical when combined into a new vision for school education, each has evidence to support them. They’re all elements of inclusive practice.

The evidence for inclusive education

The benefits of mixed-ability classes are shared by all. There are a range of important academic and social benefits for students with disabilities (including improved memory and stronger language and literacy and mathematics skills), as well as students without disability (such as social and emotional development).

Ability “streaming”, which involves assigning students of the same grade into ranked classes based on prior achievement or perceived ability levels, has a neglible effect on achievement and profoundly negative consequences for lower ranked students. Despite strong evidence against streaming, many schools still stream classes by ability and some education systems stream entire schools.




Read more:
The way schools cope with learning difficulties is doing more harm than good


Formative assessment is feedback given to students during the course of their learning, and can help students understand what progress they have made and what the next steps are. It has been highlighted as one of the most effective practices a school can adopt to individualise learning for all students with long-standing and consistent evidence to support its use. Teachers can also use the information to differentiate their teaching to ensure that they are truly teaching each student based on their needs.

Teachers differentiate when they provide appropriately challenging work for all students, using a variety of means to help them engage with the content and demonstrate their learning. There is evidence whole-school models of differentiation can improve academic outcomes and close achievement gaps including in high stakes tests. Teachers who have the opportunity to practice differentiated instruction and receive ongoing professional development develop competency and stronger belief in their own capability.

Inclusion is better for everyone

In offering a bold vision for the future, the Gonski 2.0 report has encouraged Australia to help more of our young people successfully navigate a precarious future.

The ConversationMore flesh is needed to make this vision a reality but the individual components that make up the vision are not radical and, if done well, can enhance students’ learning experiences and outcomes. And that is better for everyone.

Linda J. Graham, Professor in the School of Early Childhood & Inclusive Education, Queensland University of Technology; Ilektra Spandagou, Senior lecturer, University of Sydney, and Kate de Bruin, Researcher in Inclusive Education, Monash University

This article was originally published on The Conversation. Read the original article.

What the Royal Commission can do if the banks don’t play ball on evidence


Anna Olijnyk, University of Adelaide

At the first round of hearings of the Financial Services Royal Commission, the counsel assisting, Rowena Orr QC, was unimpressed with the material some of the banks have provided. The Commonwealth Bank provided two submissions, the first of which, according to Orr:

…adopted a high level and general approach, which meant that it did not disclose the totality of the conduct that it has engaged in…

The CBA’s second submission was no more helpful: it consisted primarily of a large number of spreadsheets. Orr said these were “not in a form which made it possible to easily understand the type and the scale”, of CBA’s conduct.




Read more:
Broad mandate for financial services royal commission takes the heat off banks


CBA wasn’t alone; the National Australia Bank also won a mention from Orr for “failing to grapple with the task” set by the commissioner.

Can the Royal Commission do anything to get more useful information out of the banks? There are two issues here: what the Royal Commission can make the banks do, and what it has to ask the banks to do.

What can the Royal Commission make the banks do?

The Royal Commission has several powers under the Royal Commissions Act 1902 that might be used here. Failure to comply with the Royal Commission’s requirements under these powers is punishable by up to two years’ imprisonment.

The Royal Commission can require the banks to produce documents. But this is not a power to make the banks create new documents to help the Royal Commission.

The Royal Commission can require witnesses to give evidence. Using this power, the Royal Commission could make key personnel within the banks attend the Royal Commission and answer questions about the bank’s conduct.

It can also require a person to provide information, or a statement, in writing. This is probably limited to matters the person already knows about; it’s not a power to order a person to conduct investigations to provide a full picture of a bank’s conduct.

What the commission can ask for

Quite apart from its coercive powers, the Royal Commission can ask the banks to provide the material it wants, in the form it wants. In fact, the commissioner wrote to the banks the day after the commission was established, inviting them to make submissions. It was in response to this invitation that CBA and NAB provided the documents Rowena Orr QC referred to on the first round of hearings.

The Royal Commission could ask the banks, for example, to provide as much or as little detail as the commission needs; to create summaries or chronologies of events; to explain how to interpret technical documents; to provide a full account of a specified event.

It would then be up to the banks as to whether (and when) they comply with the requests.

The banks have announced their intention to cooperate with the Royal Commission. Given this, it would be surprising to see the banks defying any reasonable requests for additional documents or information without giving a good reason.

But it’s not quite as simple as “ask and it shall be given you”. Banks hold millions of documents.




Read more:
Banks and financial providers one step ahead of consumers who struggle with personal bias


Each bank stores its documents in a system that suits the bank’s operational needs, and is unlikely to align with the Royal Commission’s priorities. A request to collate all documents on a given topic might take the bank many hours of searching and analysis across multiple databases. The banks then may have to return to the Royal Commission to clarify what is required.

There’s nothing to stop the Royal Commission using both coercive and cooperative techniques. It may, for example, ask banks to provide an overview of the handling of certain complaints, and then require the banks to produce certain documents mentioned in that summary.

The ConversationBut a combination of asking and demanding may be needed to get the information the Royal Commission needs.

Anna Olijnyk, Lecturer, Adelaide Law School, University of Adelaide

This article was originally published on The Conversation. Read the original article.

Turkey blocks Twitter as people use social media to share corruption evidence


Gigaom

Turkish officials have blocked access to Twitter(s twtr), after people used the microblogging service to disseminate evidence of alleged corruption at the top of government.

The internet was already pretty restricted in Turkey before the passage of a law this past February, allowing local telecoms regulator TIB to demand the blockage of any website within 4 hours, without a court order. The law also requires ISPs to store web usage data for 2 years so authorities can go through it if they want.

According to AFP, it was only a matter of hours between Prime Minister Recep Tayyip Erdoğan threatening to “wipe out” Twitter in Turkey, and the blocks coming into force. On Friday, shortly after the blockade drew widespread condemnation, Turkish President Abdullah Gül said (via Twitter, ironically) that he doesn’t approve of blocking entire social media platforms. Turkey’s bar association has also filed a legal challenge.

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Sudan: Latest Persecution News


The link below is to an article that provides more evidence of Sudan’s mission against Christians.

For more visit:
http://www.christiantelegraph.com/issue17666.html

Wikileaks Founder Julian Assange Seeks Asylum in Ecuador


  1. Wikileaks founder Julian Assange is seeking political asylum in Ecuador, claiming that the US is seeking to have him sent there for trial with the death penalty to be sought and that the Australian government has abandoned him. However, the Australian government has said that it has no evidence or information that the US is seeking to have him sent there and that assistance given to Assange has been on a comparative level with that given to others.

Latest Persecution News – 19 April 2012


Christian Acquitted of ‘Blasphemy’ Charge in Pakistan

The following article reports on the acquital of Dildar Masih, charged with blasphemy, when prosecutors failed to produce any evidence of the alleged offence.

http://www.compassdirect.org/english/country/pakistan/article_1508387.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Latest Persecution News – 16 February 2012


Christian Charged with ‘Blasphemy’ in Pakistan Denied Bail

The following article reports on the case of a young man charged with blasphemy in Pakistan, despite the absence of any evidence of it.

http://www.compassdirect.org/english/country/pakistan/article_1375550.html

 

India Briefs: Recent Incidents of Persecution

The following article is an update of persecution news from India.

http://www.compassdirect.org/english/country/india/article_1377575.html

 

Ethiopian Convert from Islam Dodges Dangers in Kenya

The following article reports on a Christian convert who fled Ethiopia and is now being persecuted in Kenya by Islamic extremists.

http://www.compassdirect.org/english/country/kenya/article_1379820.html

 

The articles linked to above are by Compass Direct News and  relate to persecution of Christians around the world. Please keep in mind that the definition of ‘Christian’ used by Compass Direct News is inclusive of some that would not be included in a definition of Christian that I would use or would be used by other Reformed Christians. The articles do however present an indication of persecution being faced by Christians around the world.

Counting the Numbers: A Hopeful Sign of Some Change


The article below is about one megachurch pastor in the United States and his questioning of marketing values in the church today. I think there are some hopeful signs in his comments, but there is no convincing evidence of a better way about to be trod.

For more see:
http://www.christianpost.com/news/churches-more-like-fast-food-restaurants-one-pastor-thinks-so-50738/

 

Detained Pakistani Christian Released – But Two Others Held


Christian falsely accused of ‘blasphemy’ taken into custody, released – and detained again.

LAHORE, Pakistan, April 18 (CDN) — A Christian illegally detained in Faisalabad on false blasphemy charges was freed last night, while two other Christians in Gujranwala arrested on similar charges on Friday (April 15) were also released – until pressure from irate mullahs led police to detain them anew, sources said.

Masih and his family have relocated to a safe area, but just 10 days after he was falsely accused of desecrating the Quran in Faisalabad district of Punjab Province on April 5, in Gujranwala Mushtaq Gill and his son Farrukh Mushtaq were taken into “protective custody” on charges that the younger man had desecrated Islam’s holy book and blasphemed the religion’s prophet, Muhammad. A police official told Compass the charges were false.

Gill, an administrative employee of the Christian Technical Training Centre (CTTC) in Gujranwala in his late 60s, was resting when a Muslim mob gathered outside his home in Aziz Colony, Jinnah Road, Gujranwala, and began shouting slogans against the family. They accused his son, a business graduate working in the National Bank of Pakistan as a welfare officer and father of a little girl, of desecrating the Quran and blaspheming Muhammad.

The purported evidence against Farrukh were some burnt pages of the Quran and a handwritten note, allegedly in Farrukh’s handwriting, claiming that he had desecrated Islam’s holy book and used derogatory language against Muhammad. A Muslim youth allegedly found the pages and note outside the Gills’ residence.

Inspector Muhammad Nadeem Maalik, station house officer of the Jinnah Road police station, admitted that the charges against the accused were baseless.

“The initial investigation of the incident shows Mr. Gill and his son Farrukh are innocent,” he told Compass.

The two were kept at a safe-house, instead of the police station, out of fear that Islamist extremists might attack them; their subsequent release led to Islamic protests that compelled police to detain them anew today, sources said.

Despite police admitting that the two Christians were not guilty, a First Information Report (No. 171/2011) was registered against them under Sections 295-B and C in Jinnah Road Police Station early on Saturday (April 16).

“Yes, we have registered an FIR of the incident, yet we have sealed it until the completion of the investigation,” Inspector Maalik said, adding that the police had yet to formally arrest Gill and his son. “We registered the FIR for their own safety, otherwise the mob would have become extremely violent and things could have gone out of control.”

The police official said that after the Muslim youth made the accusation, he gathered area Muslims together.

“It seems to be a well thought-out scheme, because the perpetrators chose the time of the Friday prayers for carrying out their plan,” Maalik said. “They were sure that this news would spread quickly, and within no time people would come out of the mosques and react to the situation.”

He added that police were now inquiring of the Gills why they might suspect anyone of wanting to harm them.

“We are also looking for any signs of jealousy or old enmity,” Maalik said.

Soon after the Muslim youth found the alleged pages, announcements blared from the area’s mosques informing Muslims about the incident and asking them to gather at the “crime scene,” sources said.

There are about 300 Christian families residing in Aziz Colony, and news of the alleged desecration spread like jungle fire. Announcements from mosques sparked fear in the already shaken Christian families, and they started packing their things to leave the area, fearing the kind of carnage that ravaged Gojra on Aug. 1, 2009, killing at least seven Christians.

“It’s true…the news of the accusations against Gill and his son and the announcements being made from the mosque calling on Muslims to avenge the desecration sent shivers down our spines,” said Pastor Philip Dutt, who has known the Gill family for several years and lives in the same neighborhood. “The charges are completely baseless. I’m sure no person in his right frame of mind would even think of committing such a vile act. Someone has clearly conspired against the Gill family.”

He added that most of the area’s Christians had left their homes overnight, fearing an attack by Muslims.

Dutt said that a large police contingent arrived in time and took Gill and his son into custody after assuring the enraged mob that a case under the blasphemy laws would be registered against the two men. Police remained stationed in the area to provide protection to area Christians, but the atmosphere was tense.

According to some reports, a group of angry Muslims wanted to torch Gill’s house, but timely police intervention thwarted their plan.

At the same time, a group of Muslim extremists stormed into the house of Anwar Masih, a Christian factory owner in Aziz Colony, and started beating him and his son, sources said. The family managed to save themselves by calling the police and now they too are in “protective custody.”

The Rev. Arif Siraj, moderator of the Presbyterian Church of Pakistan, which also oversees the functioning of the Christian Technical Training Centre in Gujranwala, said the accusations against Farrukh were yet another example of how the country’s blasphemy laws are misused against innocent people.

“We have been engaged with the police and local Muslim leaders throughout the day to resolve this issue amicably,” Siraj said. “An eight-member committee comprising six Muslims and two Christian pastors has been formed to probe the incident, and they will make a report on Friday.”

The names of the Christians of the eight-member committee are Pastor Sharif Alam of Presbyterian Church Ghakarmandi and the Rev. Joseph Julius.

A large number of Muslims, including members of religious parties and banned outfits, came out to the roads of Gujranwala on Saturday (April 16) to protest the alleged desecration of the Quran and pressure police to take action against Gill and his son. The protestors reportedly gelled into one large demonstration on Church Road and headed towards the CTTC. Siraj said that some participants threw stones at a church on the road, but that Muslim elders immediately halted the stone-throwing.

“The district administration and Muslim leaders have now assured us that no one will target Christian churches and institutions,” he said, adding that both communities were now waiting for the committee’s report.

Sohail Johnson of Sharing Life Ministry expressed concern over the accusations.

“This case is a classic example of how Christians and Muslims continue to be charged with blasphemy on false accusations,” he said. “Isn’t it ridiculous that the accuser is claiming that Farrukh has confessed to burning the Quran in his note and thrown the burnt pages in front of his house – what sane person would even think of saying anything against prophet Muhammad in a country where passions run so deep?”

Arif Masih, the falsely accused Christian released last night, has reportedly been relocated along with this family to a safe location.

The original blasphemy law, introduced in British India in 1860, imposed a prison term of up to two years for any damage to a place of worship or sacred object carried out “with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion…”

The current provision in the Pakistan Penal Code, as amended in 1986, introduces both the death penalty for insulting Muhammad and drops the concept of intent. According to Section 295-C of the Penal Code, “Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life and shall also
be liable to fine.”

The laws have drawn condemnation across the world, and two senior government officials – Punjab Gov. Salman Taseer, a liberal Muslim, and Federal Minister for Minorities Shahbaz Bhatti, a Christian, have been assassinated this year for demanding a review of the legislation.

Report from Compass Direct News
http://www.compassdirect.org