Here you will find news items and other items
of interest.
Shark Fishing on Populated Beaches
As you may have seen, late last year
the Normanville community expressed its anger that
anglers had been fishing for sharks from their local
jetty. Of particular concern was the use of significant
amounts of berley to attract sharks to an area in which
people, including young members of the local Surf Life
Saving club, regularly swim. Due to the inability of
authorities to act, there were even reports of community
members taking matters into their own hands resulting in
a violent altercation.
Early this year, the Sunday Mail
reported in the article
Anglers Lure Sharks Close to Beaches (8/1/2012)
that anglers had also caught sharks off of the
Henley Beach Jetty during daylight hours amongst
swimmers enjoying the popular metropolitan beach.
Currently the law does not
prevent anglers attracting sharks to populated beaches.
The only control is exercised by regulation 23 of the
Fisheries (General) Regulations 2007, which reads:
23—Berleying
(1) A person must not use blood, bone, meat, offal or
skin of an animal as berley (otherwise than in a rock
lobster pot or other fish trap) within 2 nautical miles
of—
(a) the mainland of the State; or
(b) any island or reef that forms part of the State
and is exposed at the low water mark.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) A person must not deposit or use in marine waters
of the State the body, or part of the body, of a mammal
or bird.
Maximum penalty: $2 500.
Expiation fee: $210.
While reports of the use of lamb
shanks as berley to attract sharks is clearly an
offence, for obvious reasons fisheries officers have
interpreted the offence to not apply to fish products.
Given that this offence does not take into consideration
the amount of or the manner in which permitted berley is
used, attracting sharks to populated beaches using
entire tuna carcases or large quantities of tuna oil
sufficient to create a visible slick is not prohibited.
For this reason, Ann intends on
introducing her
Fisheries Management (Attracting Sharks) Amendment Bill
2012 that will create an offence of attracting
sharks to prescribed waters. The key element of Ann’s
proposed offence is the angler’s
mens rea or
intention, which I am advised will in part be assessed
by their equipment, such as the weight of line or the
size of hooks, and the amount and type of berley used.
For instance, the use of relatively small amounts of
tuna oil to attract fish or offal in a crab net is
clearly not intended to attract sharks to the area.
As you will note, the offence will
only apply to prescribed areas, which initially will be
anywhere within 2 nautical miles of the coast, but is
intended to be narrowed by regulation to populated areas
and beaches regularly used by swimmers. Further, the
offence enables the Director of Fisheries to provide
exemptions where appropriate.
It is Ann’s hope that this offence
will protect and reassure beachgoers whilst enabling
recreational anglers to still fish for sharks where safe
to do so. However, simply stating that the ocean is the
shark’s domain does not justify actively attracting
sharks to areas in which beachgoers swim. Swimmers
safety should not be compromised by the actions of a
minority, nor should the majority be forced to stick to
swimming pools for fear of sharks.
Prior to introducing her Bill in the
Legislative Council, Ann is keen to hear from the
community on her proposal. For this reason, Ann invites
your comments on the
Fisheries Management (Attracting Sharks) Amendment Bill
2012 and asks that you send it to her by Friday, 3rd
February 2012.
Burnside Petition
As
you may be aware, the former Minister for State/Local
Government Relations, Gail Gago MLC established an
inquiry under section 272 of the Local Government Act
1999 into the Burnside Council, headed by former
Auditor-General, Mr Ken MacPherson. Following an
extensive investigation, Mr MacPherson reportedly found
numerous breaches of Criminal Law Consolidation Act
1935 by former councillors and others. The report of
his inquiry detailing these findings, however, is
currently suppressed by the Supreme Court following an
action brought by six former councillors: Joanne
Howard, Robert Paterson, Julian Carbone, Peter Pavan,
Con Zacharakis and David Lincoln.
The Supreme Court
judgement led to the new Minister, Russell Wortley MLC,
deciding it was ‘too hard’ for Mr MacPherson to finalise
his report and in his first act as Minister he
terminated the inquiry. This is despite admitting that
he had not spoken to Mr MacPherson, had not read the
draft report, and legal advice Ann Bressington received
from a prominent Queen’s Counsel, Mr Kevin Borick QC,
stating that the Minister did not have the authority to
terminate an inquiry once it had been lawfully
established.
In feebly defending his decision to prematurely
terminate the inquiry – in doing so denying residents of
Burnside knowledge of the former council’s inappropriate
and potentially unlawful conduct, the Minister stated “I
would say a lot of people in Burnside don’t care.”
To those residents of Burnside who initially
campaigned for the investigation and then for those who
had offended against their community to be held
accountable, the Minister’s comments were deeply
offensive. The Minister then tried to downplay the
broader importance of Mr MacPherson’s inquiry, asking
rhetorically “does
anyone outside of Burnside really care?”
Knowing those who want Councilsto be
accountable and responsive to community views and free
of inappropriate political or other influences care
greatly, Ann has circulated a petition amongst residents
of Burnside and is encouraging everyone who wants the
truth about the ‘Burnside-gate’ saga exposed to sign the
petition. Specifically, the petition to the Legislative
Council calls upon the Parliament to insist Minister
Wortley resumes the investigation and allows Mr
MacPherson to finalise his report.
To download the petition, please click
here. You are asked to get as many signatures as you
can and then return the petition by post to Ann
Bressington MLC, Parliament House, North Tce, ADELAIDE
SA 5000.
Together, we can show the Minister we
care!
UPDATE: On Wednesday, 14th September, Ann presented over
1600 signatures to the Legislative Council. Ann extends
a big thankyou to all those who assisted to collect the
signatures, especially the staff at the Chelsea Cinema
and the members of
ICAC-SA.
January 2011 Bressington e-Brief
Ann's first e-Brief for 2011 has just
been distributed. To download a copy please click on
Bressington e-Brief January 2011. To be added to the
mailing list, please
contact Ann.
Ann Stands Up for Worker's
Rights
Ann recently spoke
at a rally in support of Public Service workers who are
having their long service leave rights arbitarily
slashed by the Labor Government, despite their existing
conditions being part of their industrial award. Below
are photo's taken on the day:
Torrens Island Under Threat
The remaining
pristine coastal and dune environment and the Heritage listed
Quarantine Station on Torrens Island is being threatened by
the Labor Government's plans to subdivide and develop this very
special place.
On the 30th June 2010, Ann,
seeking to halt the desturction of this pristine environment,
moved the following motion in the Legislative Council:
That this councils calls
on:
1. The
Minister for Environment and Conservation to—
(a)
conserve the heritage
value of the Torrens Island Quarantine Station and the remaining
pristine environment on the northern end of Torrens Island by
taking steps to prevent any further industrial development of
these sites;
(b)
take steps to restore
the Torrens Island Quarantine Station building s on the South
Australian Heritage Register and ensure sufficient funds are
available to do so;
(c)
engage in negotiations
with the Treasurer with the objective being for the Department of
Environment and Heritage to take control of the northern end of
Torrens Island, including the site of the former quarantine
station, from the Generation Lessor Corporation;
(d)
take steps to provide
tourist access to the Torrens Island Quarantine Station and
surrounding historical sites and engage in consultation with all
relevant parties with a view to facilitating regulated tourism;
and
2.
The Treasurer
to—
(a)
release details of the
application before the Development Assessment Commission and of
the proposed commercial uses of the proposed allotments; and
(b)
cease moves to further
develop Torrens Island and cease negotiations with commercial
parties seeking to do so.
To read Ann’s speech when
introducing the motion, click
here.
Recently, Ann
held a public forum, which heard from several prominent speakers,
including representatives from the Australian Marine Wildlife
Rescue and Rehabilitation Organisationand the National
Conservation Council (SA), and was attended
by fellow Members of Parliament, the Mayor and Deputy Mayor of
Port Adelaide Enfield Council, academics, representatives from
ETSA and environmental groups, and members of the public.
Prior to the
Public Forum, Hendrik Gout, Editor of the Independent Weekly,
published the following video editorial, which focuses on the
proposed development of Torrens Island, on
Indaily.com.au.
On the 27th August 2010,
Ian Henschke from Stateline covered the Government's development plans for Torrens
Island in the story below:
Ann called for the motion to go to a vote on
Wednesday, 15th September. While it did find support amongst the
crossbenchers, notable from the Greens, unfortunately both Labor
and Liberal did not give the motion their support.
Public Forum: Safe Havens for
Unwanted Newborn Babies
On the Thursday, 9th September, Ann is hosting a public meeting on
her planned Bill to establish Safe Havens for Unwanted Newborn
Babies, modelled on similar initiatives in the USA where hospitals
have special hatches in which babies can be left without the
mother suffering any legal ramifications. For those interested in
attending, see the below flyer or click
here to download.
Those seeking to attend are requested to RSVP as places are
limited.
Minimum Sentencing for Child
Sexual Offenders
On the 30th June
2010, Ann introduced the
Criminal Law (Sentencing)(Mandatory Imprisonment of Child Sex
Offenders) Amendment Bill 2010 to require child sex offenders
to serve a minimum sentence of imprisonment.
The Bill seeks to impose mandatory minimum prison sentences
of one-third of the maximum penalty
on paedophiles aged over 18 who sexually abuse a child aged 13
years or younger. The sentence cannot be suspended.
“The sexual abuse of a child is the most heinous offence and deserves a
punishment that reflects the severity of the crime and the harm
that it causes,”
Ann Bressington said after introducing the Bill.
“However, far too often paedophiles walk free from court on a suspended
sentence or receive a non-parole period of only two or three
years. When this happens victims and their parents rightly feel
they have been denied justice.
“Minimum
mandatory sentencing will ensure paedophiles are taken out of
circulation and put in prison where they belong.”
As
an example of an offender released on a good behaviour bond and
the anguish this causes the victims parents, please see the
Advertiserarticle,
Public Warned about Abuser.
Below
are some of the offences and the minimum non-parole periods that
would apply:
Section of the
Criminal Law Consolidation Act
Offence
Minimum Penalty
48
Rape
10 years
48A
Compelled sexual manipulation
5 years
49
Unlawful sexual intercourse
3 years
and 4 months
50
Persistent sexual exploitation of a child
10 years
56
Indecent assault
10 years
59
Abduction of a male or female person
6 years
60
Procuring sexual intercourse
3 years
and 4 months
63
Production or dissemination of child pornography
4 years
63B
Procuring a child to commit an indecent act
4 years
66(1)
Compelling a child to provide commercial sexual services
10 years
72
Incest
3 years
and 4 months
To read Ann's speech when introducing the Bill,
please click
here. To learn more about the Bill, see the below video.
WorkCover in the Spotlight
The mismanagement of WorkCover and EML, the
monopoly claims agent, has again been raised in the media, with
David Nankervis from the Sunday Mail exposing that interstate
Doctors are being used to do 'Independent Medical Examinations'
at far greater expense than South Australian Doctors.
These Doctors were described by Dr Andrew Lavender, President of
the South Australian Branch of the Australian Medical
Association, as "hired guns", adding that "(claims
managers)are trying
to seek someone who, instead of giving an independent opinion,
is giving the opinion they want"For those who missed the Sunday Mail article by David
Nankervis, it can be read by following this link:
Outrage at $439 an hour medicos
from interstate.
Following the
Sunday Mail article, this and other issues were raised by Leon
Byner on 5AA 1395 on Monday 31st May 2010 and Tuesday 1st June
2010. The complete transcripts can be found
here.
In the next
sitting week of Parliament, Ann moved a motion calling for a
ministerial investigation into the allegations made by the AMA,
other medical and legal professionals and inured workers. The
Hansard of Ann's speech when introducing the motion can be found
here.
Joint Crossbenchers Statement
The Joint Statement from Ann
Bressington, Robert Brokenshire, John Darley and Dennis Hood,
about using their collective muscle in the Parliament to hold
this Government to account for its woeful funding of social
services, particular those that are there to service our most
vulnerable (disability sector, Housing SA, child protection,
etc.) can be found
here.
Police Corruption
Goes Ignored
For
the past year, Ann has been actively working to collate evidence
of serious SA Police corruption in the case of Mr
Z,
who was also a protected witness in the Dianne Brimble Coroner’s
Inquest. The result has been two Public Interest Disclosures
(PID’s) under the Whistleblower Protection Act 1993 (WPA) and
numerous letters to the former and present Attorney-Generals,
Police Minister, Police Commissioner and the Ombudsman. Both PIDs
allege corruption by Police Officers, including blatant breaches
of law and the Police Code of Conduct, and maladministration by
the former Police Complaints Authority (PCA), and former
Attorney-General for their failure to investigate and remedy Mr
Z’s
claims. This case singularly highlights the need for an
Independent Commission Against Corruption (ICAC) as the Internal
Investigation Branch (IIB) and PCA have failed in their duties,
whilst the Ombudsman is prevented by law from investigating the
PCA or any member of the Police. This contradicts the former
Attorney-General’s statements in the media claiming that the
Ombudsman, who has Royal Commission powers to investigate
allegations of corruption, is a sufficient alternative to an ICAC
– not so, it seems, if the corruption is at the hands of Police!
To read more about the case of Mr
Z,
please click here.
1 March 2010 - Sunday
Mail: 21st Century Food Parcels
An
article by David Nankervis which highlights how desperate the
plight of injured workers has become, with many forced to rely
upon handouts to survive. Features the inspiring dedication of
Rosemary McKenzie-Ferguson, founder of Work Injured Resource
Connection, and Ann Bressington. To read the article please click
here.
Families SA Community Service Announcement
Community
Service Announcement by Ann concerning the need to reform
Families SA.
'Vote Below the Line' Community Service Announcement
A
Community
Service Announcement by Ann concerning the benefits of voting
below the line on the Legislative Council ballot paper.
Ann's speech at a
WorkCover Forum
Below is a repeat of Ann's speech at the Work Injured
Resource Connection's WorkCover Forum held on the 4
March 2010. Please see the related Today Tonight
Adelaide story on the
In the Media
page.
TodayTonight Adelaide story of 'Mary',
a grandmother
denied her grandchildren by Families SA
Today
Tonight Adelaide story of 'Mary', a grandmother who has wrongly
been denied the care of and access to her grandchildren (who are
in foster care) by Families SA. Went to air on the 10 March 2010
and features Ann Bressington MLC, Chris Hamilton and Tony Tonkin
amongst others and was reported by Paul Makin.
Recent media articles about Families SA
For
those who missed them, below are the links to two recent
Advertiser articles highlighting peoples experiences
with Families SA, particularly children being removed
when the parents seek Families SA support:
Ann's Harbouring or Runaway Children amendment's passed in the
Legislative Council
As you may
remember, earlier this year Ann foreshadowed her intention to
move amendments to the Government’s Statutes
Amendment (Children’s Protection) Bill 2009 which will give
parents greater access to the newly created Child Protection
Restraining Orders.
Following
negotiations with Government, Ann introduced four amendments,
all of which were initially agreed to and passed by the
Legislative Council. To read Ann's speech when introducing these
amendments and other Members contributions, please clickhere.
However, the
Government did not support two of Ann's amendments and instead
proposed an alternative. Not wanting to cause the defeat of the
Bill and recognising that the Government's alternative
amendments - while not superior to her original amendments -
were an improvement on the Bill, Ann withdrew her amendments and
supported those of the Government.
Ultimately,
parents now have a new tool available to assist in protecting
their children when they are being harboured against the parents
will and reasonable parental authority. This is intended to empower those parents who
were providing a safe and loving home, and several safeguards
exist to ensure that a child is not returned to family home when
it is not in their best interest. To learn more about child
protection restraining orders,
please
contact
Ann.
The Independent Weekly
recently reported on Ann’s amendments in the article
Homecoming for Runaways.
Review of Hydro Lord's classification underway
As you may
remember, in late 2008 Hydro Lord, the board game in which
players compete to own the most hydroponic cannabis set-ups,
attracted public outrage when copies were left in driveways, on
foot paths and in children's playgrounds during school holidays
as part of a guerrilla marketing campaign. Since that time, Ann
has been trying to have Hydro Lord classified, hoping that as a
result it would be out of the reach of children.
While Ann was successful in having Hydro Lord
classified via an application to the Classification Board from
the Licensing Enforcement Branch of the South Australian Police,
the result unfortunately was a classification of M. While this does
carry an advisory warning of 'Not recommended for readers under
15 years' its sale is unrestricted, meaning children can
presently purchase Hydro Lord.
With many parents expressing to Ann their
disappointment in this classification,
on Tuesday
the 17th November 2009 Ann
asked a question in Parliament of the Attorney-General, the
South Australian Minister responsible for this area of law.One of
the questions Ann asked was:
"Given the nature and the intention of Hydro Lord, does the
Attorney-General agree with the Classification Board's
classification of M? If not, will the Attorney-General make
representations to the Classification Board and his federal
counterparts, with the intention of revising Hydro Lord's
present classification?"
It would now
appear, however, that the Federal Minister for Home Affairs, the
Hon Brendan O'Connor, did not require the Attorney-General's
intervention, and on Thursday the 19th of November 2009
committed to a review of Hydro Lord's classification.
It is now hoped that Hydro Lord will be
re-classified to a Category 1 publication, which would restrict
access to those under the age of 18years. To read Ann's question
in full, please click
here.
On the Thursday following Ann's question, Channel
7's Today Tonight featured a story about Hydro Lord's
classification, which can be viewed below.
Since this
story went to air, copies of Hydro Lord have again been left in
people's driveways, on footpaths and in public parks.
Disturbingly, it would seem those responsible are selecting
areas with large numbers of young families, who have children
who are, or will shortly be, on school holidays.
Have copies
of Hydro Lord been left in your area? If so, please let
Ann know.
Ann's Question in Parliament results in seizure of 5000
illegal adult magazines and DVD's
On Tuesday
the 27th October 2009, Ann asked a
question in Parliament about the
adequacy of the policing of adult
bookstores. Earlier in the month, Ann was provided by a
concerned citizen publications that, while displaying an 'R18+'
sticker, were unclassified and hence illegal to sell. On further
investigation, Ann learnt that the practice of adult bookstores selling unclassified material is common, with stores
marking up prices to reflect the risk. Ann subsequently reported
her concerns, the unclassified publications and the address of
the store from
which they were purchased to the South Australian Police.
On the same
Tuesday, the South Australian Police acting off of the information
provided by Ann raided the adult bookstore concerned, resulting
in the seizure of approximately 5000 adult magazines and DVD's
and a male being charged for breaching the
Classification (Publications, Films and Computer Games) Act 1995
(SA).
To read the question asked by Ann, please click
here.