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Latest News and Updates

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.

A Bronze Whaler caught from the Normanville Jetty

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 Councils to 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:

 Ann Bressington at Public Service Rally

Public Service Rally

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.

Life Matters Invite Front

Life Matters Invite Back

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 Advertiser article, 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:

Tuesday, 5 January 2010: We Asked for Help - But They Took Our Kids

Tuesday, 29 December 2009: Seven Children in Welfare and a Mum who says all she Wanted was a Helping Hand

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 click here.

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.

To learn more about Ann's policy concerning the harbouring of runaway children, please see Harbouring of Runaway Children - When Parental Consent is Ignored.

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.



 

Recent Media Releases:

Labor Deceives Port Residents On Future Of Torrens Island

Kaurna Burial Site and Development Don't Mix 

Independent Introduces Australia's First Criminal Case Review Commission Bill

Minister Fails People of Mount Gambier and Tensions Rise

Independent Continues Scrutiny of Government Bills

Expiation Notices for Drug Users Not Drug Dealers

Government Must Provide Services for People Living with PDD-NOS

Victims of abuse in State Must Have Their Needs Met

Parents to be Given Powers to Protect Their Children

Recent Speeches:

Children's Protection (Recording of Meetings) Amendment Bill 2010

Victims of Crime (Abuse in State Care) Amendment Bill 2009

Victims of Abuse in State Care (Compensation) Bill

Controlled Substances (Palliative Use of Cannabis) Amendment Bill  

‘medical marijuana’

Whistleblowers Protection (Miscellaneous) Amendment Bill

 
     
Ann Bressington
Independent MLC
Parliament House,
North Terrace
ADELAIDE SA 5000
Ph: (08) 8237 9596
Fax: (08) 8237 9534
Email