December 24, 2013

The world’s youngest nation falters: keeping the peace in South Sudan

Source: United Nations
Two and a half years after gaining independence from Sudan, the newly formed nation of South Sudan has erupted into violence that could potentially lead to civil war.

Tensions among the ethnic Nuer and Dinka groups have recently escalated and there have been reports of widespread violence and killing across the country. Ongoing political disputes are at the root of the current unrest. Media reports indicate the former Vice President, Riek Machar (an ethnic Nuer who was dismissed in July 2013), attempted a coup against President Salva Kiir (an ethnic Dinka) and has allegedly taken control of key parts of the country.

December 23, 2013

High Court to decide if mutual trust and confidence is implied in employment contracts

The High Court has granted the Commonwealth Bank of Australia (the Bank) special leave to appeal the Full Federal Court’s decision in Commonwealth Bank of Australia v Barker[2013] FCAFC 83. The case will be significant as it will be the first time the High Court has considered if an implied term of mutual trust and confidence exists in employment contracts.

December 20, 2013

Australia's current debt position - December 2013 update

Here we present a snapshot of Australia’s current debt position and how it has changed since the previously published articles on Australia’s debt position. This update provides the latest available data on Australia’s level of debt for both the public and private sectors in gross and net terms, and compares it with previously published data. For definitions of gross and net debt the reader is referred to the Library’s earlier Flagpost titled Australia’s current debt position from April 2011.

Lost in translation: resettling locally engaged Afghan staff

Image source: Department of Defence
Recent media reports indicate that the Taliban have killed an Afghan man who had worked as an interpreter for the Australian Defence Force (ADF) in Afghanistan. With the bulk of ADF personnel being withdrawn from Uruzgan, this provides a reminder of the dangers to Afghan nationals who have worked for Australian government agencies as locally engaged staff and again raises the question of what the Government is doing to assist.

December 19, 2013

Ballistic missile defence and Australia

Image source: Wikimedia commons
During the Australia-US Ministerial Consultations (AUSMIN) in Washington DC on 20 November, ballistic missile defence (BMD) was again raised as a specific area of potential further cooperation, having also been discussed at the preceding three meetings. The concept of BMD is not new, with initial research and development by the US Army beginning as early as 1945. Since then, Australia has increasingly become well-positioned to actively support the US-led BMD program, in concert with other regional allies such as Japan and South Korea. This article summarises what BMD is, and the prospects for Australia’s future contribution to the program.

December 18, 2013

Federal Circuit Court refuses to hear ‘union slush fund’ dispute

Union reserve funds are not illegal, but that has not stopped them from becoming controversial in the context of recently uncovered instances of serious misuse these funds. Sheehan v Australian Municipal Administrative, Clerical and Services Union & Ors [2013] FCCA 2137 is a Federal Circuit Court decision that sheds light on union members’ standing to bring actions for alleged misconduct by officials. It is cases such as this one which have attracted media attention and seen most union reserve funds pejoratively labelled ‘slush funds’.

Oil and water: natural resources and Timor-Leste’s development challenges

Ongoing international arbitration proceedings arising from allegations of Australian espionage during the 2004 negotiations over the Certain Maritime Arrangements in the Timor Sea (CMATS) Treaty with Timor-Leste have highlighted the latter’s dependence on petroleum revenues to finance its future development. Less well-known are the concerns that have been raised about the long-term sustainability of these revenues and what this means for Timor-Leste’s broader development and stability challenges.

December 16, 2013

Uncertain future: Australian aid to Afghanistan


Image source: Author's own
Australia’s Official Development Assistance (ODA) to Afghanistan has increased substantially over the past few years from $82.1 million in 2009–10 to a peak of $198.4 million in 2011–12. Afghanistan was the fourth largest recipient of Australian ODA in 2012–13 (after Indonesia, PNG and the Solomons) with an expected expenditure of about $182.8 million. This includes ODA-eligible expenditure by other government departments, including Immigration and Citizenship ($6.9 million), Defence ($9.2 million) and Attorney-General’s–Australian Federal Police ($17.7 million).

December 13, 2013

Experience of violence in Australia

Dark and Stormy
Image Source: Dark and Stormy by Adam Selwood, on Flickr
On the 11th of December 2013, the Australian Bureau of Statistics released the results of its 2012 Personal Safety Survey (PSS). This much anticipated survey on the safety of Australians aged 18 years and over is the second release of the PSS, with the first being released in 2005. The PSS collects information about the nature and extent of violence experienced by men and women since the age of 15 and includes their experiences of violence in the 12 months prior to the survey. Information has been collected on: domestic violence by a current or previous partner; lifetime experiences of stalking; physical and sexual abuse and the general feeling of safety.

December 12, 2013

High Court decides the ACT’s same-sex marriage law is invalid

Image source: Wikimedia Commons
Today, 12 December 2013, the High Court decided unanimously that the ACT’s Marriage Equality (Same Sex) Act 2013 cannot operate concurrently with the federal Marriage Act 1961. The Court held that the federal Parliament has power under the Australian Constitution to legislate with respect to same sex marriage, and that under the Constitution and federal law as it now stands, whether same sex marriage should be provided for by law is a matter for the federal Parliament.

'That's it, you're out': disorderly conduct in the House of Representatives

On Wednesday 11 December 2013, 10 Labor MPs were ordered to withdraw from the House of Representatives for one hour ('sin binned') by the Speaker, the Hon Bronwyn Bishop. Seven of these were during Question Time, two during a motion to suspend standing orders which occurred at the end of this period and one during a ministerial statement later in the evening. Each 'sin binning' occurred during questions and debate about the automotive industry.

As many as this may seem, it is not the most number of ejections in a single day nor during Question Time. The greatest number of members ‘sin binned’ on a single day (11) occurred on 2 November 2005. Speaker David Hawker ordered out eight Labor members during Question Time and Deputy Speaker Ian Causley ordered out three Labor members during a Matter of Public Importance (MPI) debate. The greatest number of ‘sin binnings’ from Question Time occurred on 21 March 2012 when nine members were ‘sin binned’.

A recent study by the Parliamentary Library, 'That's it, you're out': disorderly conduct in the House of Representatives from 1901 to 2013, found that of the 1,093 members who served during this period, 300 (27.4%) were disciplined for disorderly behaviour, such as interjecting, refusing to withdraw a remark, disregarding the authority of the Chair, by being named, named and suspended or sin binned.

December 11, 2013

Australia's first G20 sherpa meeting

Image source: Wikimedia Commons
 photo by the Government of Chile
used under a CreativeCommons license.
Australia is the G20 host in 2014 (a process that started earlier this month on 1 December). Its first meeting as host will be held on Thursday and Friday this week (12-13 December). Senior officials (sherpas) from G20 nations will meet in Sydney, beginning a process that will culminate in the leaders’ summit next November.

December 10, 2013

The latest proposal for a national integrity commission


Image source: Tasmanian Government
On 13 November 2013, the Leader of the Australian Greens, Senator Christine Milne, introduced the National Integrity Commission Bill 2013 (NIC Bill). The Australian Greens have long advocated for a national integrity commission to investigate claims of misconduct and corruption across the Federal Parliament and Commonwealth agencies. The NIC Bill is very similar to a Bill introduced by Senator Bob Brown in June 2010 and reintroduced when Parliament reconvened after the August 2010 election, and to the National Integrity Commissioner Bill 2012 introduced by Adam Bandt. Those Bills lapsed without having been debated when the 43rd Parliament was prorogued. This FlagPost provides a brief overview of the NIC Bill and the broader proposal for a national commission of this kind.

Liquefied natural gas in Queensland - where will the gas come from?

Image source: Parliamentary Library,
source data courtesy of Geoscience Australia
The production of liquefied natural gas (LNG) from Australia has become an important export industry. Sales from three existing LNG projects (the North West Shelf, Darwin LNG and Pluto LNG) earned $14.3 billion in export revenue in 2012-13, according to the Bureau of Resources and Energy Economics (BREE). Increased global demand for gas is driving investment in Australia to open new LNG projects, exploiting gas resources offshore from Western Australia and the Northern Territory. In addition, onshore coal seam gas (CSG) resources will be used to develop at least three (and possibly up to seven) new LNG projects at Gladstone, in Queensland – but where will all the gas come from?

Retirement intentions and labour force participation by older workers

On 9 December 2013, the Australian Bureau of Statistics (ABS) released the results of its 2012–13 survey on retirement and retirement intentions. The data collected by the survey provides information on retirement trends, the factors which influence decisions to retire, and the income arrangements that retirees and potential retirees have made to provide for their retirement. Another indicator of retirement behaviour is the participation by older workers in the labour force.

December 9, 2013

Parliament House 25th anniversary chronology

Image source: Wikimedia Commons
The Parliamentary Library has recently updated its chronology of Australia’s Parliament House, first published in March 2013 to celebrate the building’s 25th anniversary as the home of the Commonwealth Parliament. The chronology presents defining events and turning points in the evolution of the building and its landscape setting, as well as a selection of milestones in the history of the Commonwealth Parliament right up to the present.

It's International Anti-Corruption Day: How does Australia measure up?


Image source: Federal Bureau of Investigation
Ahead of International Anti-Corruption Day on 9 December, Transparency International released its latest annual Corruption Perceptions Index (CPI). The CPI allocates countries a score from 0 (highly corrupt) to 100 (very clean) based on the perceived extent of public sector corruption as measured by a number of data sources (13 in 2013)—principally surveys of corruption and business experts. Australia’s score dropped from 85 in 2012 to 81 in 2013, and its ranking from seventh to ninth out of 177 countries.

December 6, 2013

Inquiry into the use of weapons by the Australian Secret Intelligence Service (ASIS)

On 29 November 2013, the Inspector-General of Intelligence and Security (IGIS) provided to the Minister for Foreign Affairs the final report of her recent inquiry into the provision of weapons and the training in and use of weapons and self-defence techniques in ASIS. While the IGIS reported that overall ASIS ‘has managed the training in and use of weapons and self-defence techniques well’, she did identify two breaches of the Intelligence Services Act 2001 (ISA) involving firearms training, and a number of other breaches of the ASIS Guidelines for the use of weapons and self-defence techniques.

Which Minister?: Answering questions during Question Time

During Question Time on 5 December 2013, the member for Kennedy, Bob Katter, asked the Treasurer, the Hon. Joe Hockey, a question. Halfway through his response to the question, Mr Hockey invited the Deputy Prime Minister, the Hon. Warren Truss to finish the answer. The Speaker ruled that this was in order and by doing so upheld precedence.

December 3, 2013

Chronology of climate change in Australia

The Parliamentary Library has published a timeline of climate policy in Australia. The chronology begins in the 1970s, around the time that the Australian Academy of Sciences published a report asserting that human activities are likely to contribute to warming. The document charts the journey of Australian climate policy from then until today.