Sexual abuse in the Australian Defence forces – what we must do in the wake of the DLA Piper Review

The DLA Piper Review of allegations of sexual and other abuse in Defence (the Review) confirms what many of us who have worked in the areas of military compensation and sexual abuse have long known.

The Department of Defence is completely unable to deal with the "cancer" of abuse and bastardisation within its ranks because of cultural and systemic issues.

The Review is a first step hopefully in leading to justice and healing for the victims, punishment of the perpetrators (including for those...

Warrnambool and South Grampians injury figures mask government's inaction

It was interesting to see two separate sets of figures released just recently by the Victorian Government that reveal the seriousness of injury levels across the south west of Victoria.

It would appear that serious road accident injuries are on the rise, with injuries in the Warrnambool, Corangamite and Moyne regions jumping by 30 percent and in the South Grampians district by a staggering 52 percent.

At the same time, the injury bill for workplace injury compensation has reached more than $50 million over...

The Baillieu Government parliamentary inquiry into sexual abuse

Process is fatally flawed, according to sexual abuse legal expert, Angela Sdrinis.

The Victorian Government's parliamentary inquiry into the way in which religious organisations handle sexual abuse complaints will lack the necessary powers to expose the systemic cover up that has characterised mainstream religion's approach to abuse.

The failure to appoint a Royal Commission will dismay many victims and is a missed opportunity to force organisations to come clean. It does not do justice to the dozens of victims who have been driven to commit suicide as a result of finding it impossible to obtain...

Wards of the State:

New Ombudsman's report slams DHS records on sexual abuse

The Victorian Ombudsman has had a busy time of it recently and, in the flurry of reports handed down, one has escaped attention. Yet its findings are so damning of the lapses of a major government department that you could be accused of thinking that the Department is effectively blocking access to justice for victims of sexual abuse.

Drily titled, Investigation into the storage and management of ward records by the Department of Human Services, the report exposes what those of us who work in this area have...

The Labour Lawyer returns to his correspondence.

Dear Minister for All Things

President: Fair Work Australia

Now that the holiday season has concluded and Parliament has resumed I thought it fair to trouble you again.

As you know the Honourable Geoffrey Giudice AM President of Fair Work Australia is to soon retire after 15 years in the job. No replacement has yet been announced.

Senator Abetz has spoken of the President’s capacity as a “Judicial Officer with the demeanor to match”. Regrettably Abetz has also spoken of recent appointees to Fair Work Australia as “an endless tribe of Trade Union Officials”.

My purpose in writing is...

Nurses Dispute: the Victorian Government has an unusual way of making nurses feel wanted

The Ministerial leaks continue.

Dear Minister for All Things

Victorian Public Sector Nurses Dispute

The Victorian Hospitals Industrial Association (VHIA) advised public hospitals last month that during the nurses dispute they "need to connect with their nurses more closely than usual" (my emphasis) and counter or neutralise the ANF's propaganda. The advice went on:

"At the heart of this debate is whether or not nurses can be made to feel that the employers are not trying to "rip off" current  conditions and entitlements, particularly with reference to the role...

The OPI report on campaign against police chief and “ministerial deniability”

The Minister and Labour Lawyer series.

Dear Minister for All Things

Ministerial Advisors - Office of Police Integrity Report

The recent Report of the Director of Police Integrity into the conduct of Detective Leading Senior Constable Weston has been the subject of substantial press comment. Weston was the Police Advisor in the office of the Deputy Premier and Minister of Police. The Deputy Premier maintains that he had no knowledge that Weston was engaged in a campaign to undermine Chief Commissioner Overland.

The Office of Police Integrity investigation did not, and could not...

The removal of Occupy Melbourne was a denial of peaceful assembly rights

The Labour Lawyer correspondence continues.

Dear Minister for All Things

Freedom of Assembly: Occupy Melbourne

I had not thought that a citizen's right of peaceful assembly was an issue in this State or in Australia. I was wrong.

Article 20 of the Universal Declaration of Human Rights of 1948 provides that:

 "Everyone has the right to peaceful assembly and association.”

Article 21 of the International Covenant on Civil and Political Rights ratified by Australia in 1980 provides:

"The rights of peaceful assembly shall be recognized. No restrictions may be placed on...

Companies erode job standards through independent contractors

The Labour Lawyer correspondence continues to leak...

Dear Federal Minister for All Things

The position of independent contractors, as distinct from employees, requires attention.

A number of matters are clear:

• There has been a significant increase over the last 10 years in the number of individuals working as independent contractors, both in raw numbers and in the proportion of such workers compared to employees;
• The adoption of independent contractor status is frequently at the initiative of the principal, not the contractor, and the contractor offer involves onerous "take it or leave it" conditions;
• The principal routinely require individuals...
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How credible is WorkSafe on workplace bullying?

With workplace bullying in the public sector now at 21%, how credible is the Victorian Government's own WorkSafe anti-bullying message?

Dear Minister For All Things,

Workplace Bullying

The absence of any accessible and effective remedies for the overwhelming majority of workplace bullying cases is a scandal.

Government has continued to miss the point on workplace bullying both in its capacity as a major employer and as lawmaker.

Its record as an employer is reflected in the People Matter Survey 2010 of Victorian public sector employees. With almost 19,000 respondents the survey disclosed that:

• 34% of public...
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Spin doctors vetting FOI requests?

It appears that political staffers are now FOI officers - is a Minister's personal spin-doctor authorised to decide on FOI requests? The private correspondence between the Minister for All Things and the Labour Lawyer.

Dear Minister for All Things

Freedom of Information

You referred to FOI in your recent letter about the Charter of Human Rights. I understand that freedom from information is a troubling issue for an incumbent Government. One rule in Opposition - another rule in Government.

I must say the widely reported use of Don Coulson, a member of the Premier's private staff, to decide...

Vic Govt. vs the unions. Is this what fair bargaining amounts to?

The private correspondence between the Minister for All Things and the Labour Lawyer reveals the real agenda.

Dear Minister for All Things,

Victorian Government Wages Policy

I am puzzled by the Victorian Government's stance on negotiations with public sector unions covering police, teachers, principals and assistant principals, public servants and nurses.

The Government's proposed wage increase for all these public sector employees is limited to 2.5% per annum. Any increase above 2.5% is to be paid for by money taken back from the employees. Accordingly, the real money increase is limited...

New 120 million euro German abuse fund – applications now available

The German Government has established a committee which is looking at creating a fund to compensate German children abused in care. The proposed fund has been in the planning for the last 2 years and is expected to be established by the end of this year. Some churches have already agreed to establish funds individually and the Catholic Church has announced it will pay victims an amount of 5,000 euros (less than AU $7,000.00).

The plan is to create a federal fund financed by the state, churches and other organisations to...