A significant barrier preventing child sex offenders from being held to account and leading to ‘unwarranted acquittals’ will be removed under landmark reforms introduced into NSW Parliament.
Attorney General Mark Speakman said NSW is the first Australian jurisdiction to introduce agreed legislation enabling greater admissibility of tendency and coincidence evidence, such as evidence about an accused person’s tendency to have a sexual interest in children.
“These crucial reforms will help deliver justice for survivors of child sexual abuse – one of the most despicable and damaging crimes to confront the justice system,” Mr Speakman said.
“NSW has led the way on this reform, spear-heading a consistent response with the Commonwealth Government and relevant states and territories to key findings of the Royal Commission into Institutional Responses to Child Sexual Abuse.”
The Royal Commission heard about many criminal proceedings in which evidence of an accused person previously offending against children was ruled inadmissible due to courts’ concerns that it may unfairly prejudice the accused person.
The Royal Commission found the exclusion of this kind of evidence led to cases of unwarranted acquittals in child sexual offence proceedings, and recommended law reform to facilitate greater admissibility of this evidence.
“While maintaining an accused person’s right to a fair trial, these reforms will help to ensure that offenders don’t evade justice through the exclusion of relevant evidence,” Mr Speakman said.
“We can’t undo the horrors of the past, but we can make sure that our legal system offers a fairer and more effective response for victims and survivors.”
The Evidence Amendment (Tendency and Coincidence) Bill 2020 introduces a new rebuttable presumption that evidence of a defendant having a tendency to have a sexual interest in a child or children will have ‘significant probative value’ to the relevant proceedings, as well as limiting what courts can consider in rebutting that presumption.
The reforms will also lower an additional threshold for the prosecution to use tendency and coincidence evidence against the defendant.
Uniform Evidence Law jurisdictions, including NSW, agreed to implement a Model Bill at the Council of Attorneys-General meeting in November last year, following a two-year development and consultation process led by a NSW working group.
Child Abuse Royal Commissioner Robert Fitzgerald AM said consistent, nationwide reform on this issue was one of the most important recommendations of the Royal Commission.
“Over many years, Australia’s criminal justice system has failed to provide adequate justice for survivors of child sexual abuse, in part because of the unnecessary exclusion of tendency and coincidence evidence in criminal proceedings,” Commissioner Fitzgerald said.
“Following the Royal Commission’s comprehensive inquiry, and in the context of alarmingly low conviction rates for child sexual assault offences, we were convinced of the need for change.
“I congratulate the NSW Government for leading this reform process among Uniform Evidence Law jurisdictions, which will support survivors accessing justice across the country.”
Read more about the Bill via: https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3732.
Month: February 2020
BOOSTING BUSINESS LINKS WITH INDIA
NSW Minister for Jobs, Investment, Tourism and Western Sydney Stuart Ayres has arrived in India to build business and tourism ties with one of the world’s most dynamic economies.
Mr Ayres will meet senior leaders between 23 – 27 February and represent NSW at the Australia India Business Exchange (AIB-X), a Commonwealth-led initiative designed to deepen trade and investment with a series of events across India over several months.
“India is already the world’s fifth-largest economy and Australia’s fifth-largest export destination. It will also invest a staggering two trillion Australian dollars on infrastructure over the next five years,” Mr Ayres said.
“The importance of India on the world stage is increasing every year, which is why we’ve reconfirmed its status as a priority market under the Global NSW Strategy, expanding our representation with a Senior Trade & Investment Commissioner in Mumbai and representation in Bangalore.”
This week’s events are part of an intensive program of in-market activity designed to build on Premier Gladys Berejiklian’s visit in 2018.
As well as attending the AIB-X launch in New Delhi with Australia’s incoming High Commissioner and former NSW premier Barry O’Farrell, Mr Ayres will visit the commercial capital of Mumbai for an aviation roundtable promoting tourism connectivity, part of an extensive diary of tourism meetings designed to boost tourist numbers in NSW.
“Diversifying markets, increasing tourism links, attracting investment and growing exports in places like India is a key element of Global NSW,” Mr Ayres said.
“India’s opportunity is undeniable and it’s more important now than ever.”
As well as showcasing NSW exports and taking part in the Taste of Australia program, Mr Ayres will promote investment opportunities and work to expand tourism and technology links.
“India has enormous growth potential and the NSW Government’s participation in the AIB-X will help raise the profile of NSW companies participating and demonstrates our commitment to working with the Commonwealth Government on key international trade initiatives,” he said.
Greens response to Norwegian oil giant Equinor's announcment it's scrapping plans to drill in the Great Australian Bight
Senator for South Australia and Greens Environment Spokesperson Sarah Hanson-Young said:
“This is a huge win for the community, the environment and SA’s tourism and fishing industries. It is good for the planet and jobs.
“The community who cherish our pristine coastline, the tourism industry that depends on it, and the fishing industry that relies on clean waters have all fought so hard against these environment-destroying plans. Congratulations goes to them.
“They have proven there was no social licence for an international oil giant to drill in our waters, and that people power can win.
“South Australians love our gorgeous Bight and we want it protected for future generations and the rest of the world to come and experience.
“What we need now is World Heritage protection. The Greens’ Bill for World Heritage Listing would give the Bight the protection it needs and deserves from any other oil and gas companies proposing to put it at risk. I call on all other Members of Parliament to back it.
“This decision also shows this is the beginning of the end of fossil fuels. Opening a new fossil fuel basin in the middle of our ocean was always madness. Moving to net zero emissions by 2050 means we must reduce pollution now, not give the green light to new polluting projects.”
Greens use the Parliament to press for justice for Julian Assange
Greens MPs have used the Federal Parliament to demand justice for Julian Assange, as his extradition hearing begins in London.
In the House of Representatives today, Greens Leader Adam Bandt has called for Mr Assange to be brought back to Australia, while in the Senate, Senator Peter Whish-Wilson today questioned the government and yesterday moved a motion urging the Parliament not to be silent on the criminalisation of journalistic activity.
Greens Leader Adam Bandt MP said:
“The government needs to intervene to bring Julian Assange back to Australia.
“The criminalisation of journalism must end. If this government wants to show its commitment to protecting press freedoms and protecting democracy, it needs to bring Julian Assange home and protect him from extradition to the United States.
“It is a terrifying precedent that foreign nations could extradite and charge journalists who have exposed their wrongdoings. It’s time for the Foreign Minister to intervene.
Senator Peter Whish-Wilson said:
“The UN Special Rapporteur on torture, Nils Melzer, yesterday labelled the treatment of Julian Assange a ‘modern showtrial’ because they want to make an example of him.
“The case of Julian Assange extends far beyond the case of one person on trial – it gets to the heart of how we uphold the tenets of democracy, human rights and press freedom.
“We must not let this debate devolve into one about the character of Julian Assange – he is an Australian citizen, a journalist, and urgently requires Government intervention.”
Net-zero by 2050 not enough, Australia's leading climate scientists say
Leader of the Australian Greens, Adam Bandt MP, has commended Australia’s leading climate scientists for their courage in warning that both Liberal and Labor’s climate policies are dangerously inadequate.
Three of Australia’s leading specialists on climate change – Professor Will Steffen, Professor Lesley Hughes, and Dr Pep Cannadell – have today warned that Australia needs to hit net-zero carbon emissions before 2050, including significant reductions in the next ten years, if we’re to keep global warming well below 2 degrees and honour the Paris Agreement.
Professor Will Steffen was the scientific expert advising Labor on the carbon price as part of the Multi-Party Climate Change Committee.
Leader of the Australian Greens, Adam Bandt MP said:
“The verdict is in. Australia’s top scientists have said that the Liberals’ climate targets won’t stop runaway global warming but nor will Labor’s ‘net zero by 2050’.
“The scientists back the Greens in demanding real action by 2030 and a plan for coal, because otherwise it will be too late.”
“We need critical action in the next decade if we’re to protect ourselves and the planet from the worst impacts of global warming.
“At current rates, we risk hitting 1.5 degrees of warming by 2030. That’s just ten years from now.
“Beyond that, we’ll start hitting tipping points that will make it harder, if not impossible, to keep climate change under control.
“By the end of this decade, scientists fear we could see the collapse of ice shelfs in Antarctica that would lead to 3-4 metres of sea level rise, all in my children’s lifetime.
“This disastrous summer of fires happened at just one degree of warming and things stand to get worse. This should be a wake-up call that we need action now, not in decades to come. We don’t have any time to waste.”
Coalition, Labor and One Nation let NSW get away with floodplain harvesting.
The Liberals, Nationals, Labor and One Nation have refused to support the Greens call for the NSW Government to reinstate the moratorium on floodplain harvesting and water pumping.
Greens Spokesperson for Water Senator Sarah Hanson-Young said the Federal Parliament could not wipe it’s hands of this issue.
“The New South Wales Government has selfishly lifted its moratorium on floodplain harvesting and water pumping, jeopardising the entire Murray-Darling River system,” Senator Hanson-Young said.
“Southern basin users are rightly outraged. Preventing floodwater from flowing downstream to towns without drinking water, dry catchments and areas where fish species are facing collapse in favour of corporate irrigators is despicable.
“It is concerning that the moratorium was lifted after lobbying from large irrigators upstream. The reports surrounding the decision raise more questions over the integrity of the Murray-Darling Basin management.
“The Murray-Darling Basin is on the verge of collapse and family farms, river communities and the environment need national leadership.
“The Water Minister Keith Pitt needs to intervene. Critical human need and the future of the River must come before greedy corporate cotton irrigators.
“We need transparency and accountability, not just of floodplain harvesting and water pumping, but management of the whole system. States getting away with making decisions that only benefit them and their corporate mates will not guarantee water to those who really need it or the sustainability of our biggest river system into the future.”
Emergency action needed from PM to stop more deaths from violence
The Prime Minister must address the national crisis of women’s death by violence with a $5 billion investment in domestic violence response and full implementation of recommendations from previous inquiries, say the Greens.
Greens Senate Leader and spokesperson on Women, Senator Larissa Waters, said, “The Prime Minister stood in parliament this week and said “the system” has failed Hannah Clarke, he must take responsibility for ending this crisis in deaths from violence.
“The Prime Minister has the purse strings to the system and can fix it.
“It’s time the Prime Minister puts words into action with additional funding for prevention and frontline services so no domestic violence survivor seeking help is ever turned away.
“Women’s services keep warning of the urgent need for more funding for the Family Court, prevention and early intervention programs, specialist legal and support services, crisis accommodation and housing support to improve the family law system.
“We must listen to what these front line services say will make a difference, calls for more inquiries are not what the sector is asking for.
“The truth is any new inquiry into domestic and family violence is probably going to conclude what all the others have already recommended: more funding and resources for prevention and more funding and resources for crisis and support services.
“The Greens won’t stand in the way of another inquiry but the Government has form ignoring domestic violence inquiry recommendations and this can’t be another excuse for delaying urgently needed funding.
“The existing family law inquiry will have its potential effectiveness undermined if witnesses don’t think they’ll get a fair hearing, so the committee must be depoliticised by removing Pauline Hanson as deputy chair after her remarks.
“I’ve written to committee members asking for Hanson’s removal as deputy chair, after the Government refused to answer whether they will remove her, and I’ll pursue this through the committee.
“This year nine women have lost their lives to violence.The government needs to stump up the funds and fix this crisis,” she said.
Background
Senator Waters’ motion in the Federal Senate today:
Senator Waters: To move—that the Senate— (a)notes that:
(i)in his statement to Parliament regarding the murders of Ms Hannah Clarke and her children on 24 February 2020, Prime Minister Scott Morrison said “We must reflect on how and where the system failed Hannah and her children, as it has failed so many others. It’s so frustrating. It’s so devastating”, and
(ii)women’s services have consistently identified the need for more funding for the Family Court, prevention and early intervention programs, specialist legal and support services, crisis accommodation and housing support to improve the family law system; and(b)calls on the Federal Government to adequately fund domestic, family and sexual violence and crisis housing services to ensure that all women and children seeking safety can access these services when and where they need them.
Council gives outdoor dining fees the chop
Newcastle’s restaurants and cafes will no longer pay fees for outdoor dining after Council scrapped the charges right across the city last night.
Aimed at encouraging more outdoor dining and activating commercial centres, the amendment to the City’s Outdoor Trading Policy will save inner-city businesses $115 a year for every square metre they host patrons outdoors, and $65/sqm for businesses elsewhere in Newcastle.
“Waiving outdoor trading fees will hopefully encourage cafes, restaurants and other eateries to expand trading onto footpaths,” Lord Mayor Nuatali Nelmes said.
“We hope this will give the local dining scene and surrounding businesses a boost.
“The City is doing more than its fair share to support businesses amid major changes to the city and the challenges posed by online and digital competitors to traditional businesses. Whether it be scrapping fees, offering rate relief or making better use of business rates through grants programs, we are doing all we can as a local government while remaining financially sustainable.
“At current outdoor trading levels, small businesses will save a total of around $130,000 a year, money they will no doubt invest back into their businesses to making their offerings even more appealing to customers.”
The City issued 129 approvals for people or organisations to trade outdoors in 2018/2019, drawing $129,421 in revenue.
Happy customers: Ground Floor cafe owners Jordan Mizrahi and Alicen Lewis
The abolition of fees amounts to a substantial saving for restaurateurs and couple Jordan Mizrahi and Alicen Lewis, who own Ground Floor Café on Hunter Street and the Basement bar on Market Street in Newcastle.
“This is very rewarding for businesses and very welcome as we will save around $4,000 across the two businesses,” Mizrahi, 33, said.
“We will spend it on improving the outdoor area by buying new tables and chairs to make it more appealing to customers.”
The fees will be scrapped from 1 July after Council voted to scrap them at last night’s ordinary meeting.
This follows a recommendation in the 2019 NSW Outdoor Dining Policy by the State’s Small Business Commissioner to waive Council or State Government fees for businesses seeking a permit to trade outside.
A notice of motion supported by council at its August 2019 meeting – to receive a report on the NSW Outdoor Dining Policy – resulted in last night’s amendment to the City’s 2018 Outdoor Trading Policy.
Fees for the installation of permanent footpath markers indicating outdoor trading areas will remain in place.
This is a one-off cost of $170 for new applicants hoping to open areas not previously approved for dining.
Council update Tuesday 25 February 2020
Lord Mayoral Minutes
StudyNSW website update
A Lord Mayoral Minute to write, in partnership with the University of Newcastle, to the NSW Government Minister responsible for the StudyNSW website requesting promotion of regional cities like Newcastle as study destinations, was supported.
National Communciations Charter: A unified approach to mental health and suicide prevention
A Lord Mayoral Minute to sign Everymind’s National Communications Charter and take a leadership role on removing the stigma of mental illness and suicide, both for our staff and across the broader community, was supported.
Stockton Beach erosion natural disaster update
A Lord Mayoral Minute commending the Stockton community and committing to a range of actions to help it endure strains posed by ongoing erosion issues was supported.
Audit and Risk Committee 2018/19 Annual Report
Council voted to receive its Audit and Risk Committee’s Annual Report for the 2018/2019 financial year.
Adoption of outdoor trading policy
Council resolved to abolish outdoor trading fees across the city to encourage more outdoor dining. Aimed at encouraging more outdoor dining and activating commercial centres, the amendment to the City’s Outdoor Trading Policy will save inner-city businesses $115 a year for every square metre they host patrons in outdoors, and $65/sqm for businesses elsewhere in Newcastle.
Newcastle and Merewether ocean baths expressions of interest update
Council resolved to prepare concept-design plans for the upgrade of Newcastle and Merewether ocean baths and investigate funding sources following an unsuccessful expression of interest process to find an investment partner.
Janet Street, Jesmond – proposed upgrade to existing pedestrian crossing
The City will raise a pedestrian crossing on Janet Street, Jesmond, east of Algie Street, and extend the kerb to increase public safety.
Dissolution of community facilities s355 committees
Council resolved to formally dissolve the Carrington Community Centre and Henderson Park Hall committees and formally acknowledge the contributions made by their volunteer members after both groups voluntarily stood down recently.
Live music strategy update
Council received an update on the implementation of the Live Music Strategy 2019-2023. Following extensive research and engagement with both music industry stakeholders and wider community, the City has captured data and feedback that can be summarised under five key themes for which actions can be taken to improve the live music sector: venue management and safety, promotion, development and diversification of the music sector, conflict mitigation between live music venues and surrounding communities and definition, awareness of and expectation management of music precincts.
Six-Monthly Performance Report on the 2018-2022 Delivery Program (our budget 2019/20)
Council received the Six-Monthly Performance Report on the 2018-2022 Delivery Program.
Adoption of the western corridor section 7.11 local contributions plan
Council adopted the Western Corridor Local Infrastructure Contributions Plan 2013
Tabling of pecuniary interest returns – 1 November 2019 to 31 January 2020
Council noted the tabling of pecuniary interest returns by the CEO.
Council Chambers – City Hall
City Hall’s Council Chambers will be opened to the public for commercial hire under a tiered pricing system that encourages both the private sector and community groups to utilise the historic facility.
Quarterly budget review – December
Council received the December Quarterly Budget Review Statement in which our works program for the 2019/20 financial year has been increased to $99.6 million from around $85 million, with our forecasted budget surplus reduced by $3.8 million to $4.1 million.
Executive monthly performance
Council received the Executive Monthly Performance Report for January 2020
Notices of Motion
Ocean baths redevelopment update
A Notice of Motion noting that a Community Reference Group will now be established to inform the upgrade of Newcastle Ocean Baths was supported.
Electric waste management vehicles
Another Notice of Motion, to receive a report on conversion of the City’s waste management vehicle fleet to electric vehicles, was supported.
NSW bushfire emergency response
A third Notice of Motion, to help neighbouring councils affected by recent bush fires with plant equipment and staff hours, was supported.
Community feedback flows for Newcastle Ocean Baths revitalisation
Thousands of Novocastrians have been involved in community engagement on revitalisation of Newcastle Ocean Baths, with consultation forming an integral part of the City of Newcastle’s concept-design phase.
The City has committed to funding the restoration of the Newcastle Oceans Baths and is determined to see the facility become an asset the community can be proud of, while also ensuring they remain a public asset with free entry to swim all year round.
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“Not only have we reached out to the wider community through our online ideas wall which has received more than 5,000 page visits and 890 ideas entries, we have also conducted more than 200 face-to-face interviews and 900 telephone polls to better understand our community’s vision for how this site will look and be used,” City of Newcastle Community Engagement Coordinator Jamie Ferguson said.
“Opening up the conversation to all people in the community has been extremely beneficial and has resulted in a breadth of ideas and concepts to support future improvements. This diversity of views brings better outcomes for current and future users.”
Some of the ideas received to date include shade structures, a community space available for hire, health and wellbeing facilities such as a gym, seating and change room upgrades and a kiosk or restaurant.
Any suggestion that plans for the future use of the site are predetermined is false.
Meanwhile, community consultation will be maintained through a Community Reference Group (CRG) before information sessions and a public exhibition period to present concept plans to the broader community. Councillors will then review and approve any restoration.
“We want to ensure this upgrade does justice to the heritage of this site and that our maintenance and upgrade program protects the site for another 50 years,” Lord Mayor Nuatali Nelmes said.
“The City of Newcastle seeks to form a Community Reference Group which has 50 percent stakeholder and user-group representation and 50 per cent of members selected from the broader community via an expressions of interest process.
“We have received more than 80 applications from members of the public wanting to be a part of Community Reference Group so far, which is great to see. Our aim is to have people from all around Newcastle and from different walks of life forming this group.”
Expressions of interest for the Newcastle Ocean Baths CRG close on Thursday 27 February.