Archive for June, 2010

Media Release: 30th June 2010: Random Drug testing law is costly and flawed, say Democrats

30/06/2010

DARREN CHURCHILL

ACT Democrats President

Media Release: 30th June 2010:

Random Drug testing law is costly and flawed, say Democrats

“The Legislative Assembly has failed Canberrans by passing a costly and flawed Random Drug Testing law.” says ACT Democrats President, Darren Churchill

The Oppositions’ Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Bill 2009 was rushed through the Legislative Assembly today with support from the Liberals and the Greens, despite the ACT Human Rights Commissioner, Dr Helen Watchirs warning that the law would fail a legal challenge in the Supreme Court.

“Dr Watchirs has repeated her concerns of two years ago that the legislation will breach the Human Rights Act. But the Assembly has gone ahead and passed this intrusive law anyway. “

“Not even so much as a statement of intent about “road safety” and simply ignoring the concerns of the Human Rights Commissioner. This clearly shows that the Liberals and the Greens are more concerned about increasing police powers than they are about human rights. And the Labor government is weak for not being able to negotiate a better outcome.” declared Mr Churchill

“Mr Stanhope was right to raise Dr Watchirs concerns. But it’s not enough. It is essential that all ACT legislation conform to our Human Rights Act 2004, which both the Labor government and the Australian Democrats have championed as being a good model for similar national legislation.”

“On top of this there is the added problem of stretching already insufficient police resources in order to implement the scheme. There will be no increases in police resources and training despite the time taken to test people and the cost involved, diverting police resources from solving real crime.”

“The law will make a mockery of the rules of evidence by disregarding the level of a drug required for impairment. This is just a facade of trying to appear tough on drugs with no real intention of improving road safety or public safety. Surely, it would be better to utilise police resources in improving the overall enforcement of traffic laws and other laws?” Mr Churchill continued.

“This law should be repealed and should not be re-introduced until there is a proven scientific method of measuring the relationship between different quantities and types of drugs and the level of impairment to driving associated with them for a legislated drug induced impairment equivalent to 0.05 Blood Alcohol Concentration scientifically established.”

“The law must also be written to conform with our excellent Human Rights Act 2004.” Mr Churchill concluded.

Darren Churchill

ACT Democrats President

darren.churchill@act.democrats.org.au

Tel: 0412 196 473

Posted in Civil Liberties, Drugs and Alcohol, Human Rights, Law Reform | Leave a Comment »

Media Release: 30th June 2010: Proposed drug testing law raises human rights and effectiveness concerns, say Democrats

29/06/2010

DARREN CHURCHILL

ACT Democrats President

Media Release: 30th June 2010:

Proposed drug testing law raises human rights and effectiveness concerns, say Democrats

“The proposed Random Roadside Drug Testing legislation must be based on driver impairment levels and take account of the requirements of the Human Rights Act,” says ACT Democrats President, Darren Churchill

The Oppositions’ Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Bill 2009 is expected to be debated by the ACT Assembly this week. The government has already referred the Bill to the Police Chief and the Human Rights Commissioner for comment.

“We await with anticipation the report of the Human Rights Commissioner, Dr Watchirs,’ Mr Churchill said. “In a speech in 2008, Dr Watchirs outlined the need for human rights to be at the centre of the discussion and raised concerns about Random Drug Testing being compatible with the Human Rights Act 2004, particularly in relation to ‘arbitrary detention/arrest of the individual, subjecting people to have medical treatment without free consent, an arbitrary interference with their privacy, arguably creating problems of an unfair trial; negatively impacting on children’s rights.’ “

“No wonder Mr Stanhope has referred the proposed legislation to Dr Watchirs again! Our Human Rights Act is landmark legislation and has been widely championed by both the government and the Australian Democrats as being a good model for similar national legislation.”

“If it does meet the human rights test, other things the ACT Democrats would expect to see in the legislation are:

· An “intent” clause to ensure that the Bill is for “road safety” and not for any other purpose. This would allow protection of persons randomly tested to ensure the results of any specimens collected under the legislation will not be able to be used to establish any offence that is not related to road safety;

· Is there balanced and reasonable science from other Australian jurisdictions that Random Drug Testing is effective in contributing to improved road safety? Perhaps we need a “sunset clause” after which time the effectiveness of the legislation in it’s intent can be evaluated and reviewed, and if not effective that it be discontinued;

· an impairment provision to determine what level of a drug in the body is proven to impair driving to the equivalent of a 0.05% Blood Alcohol Content (BAC). Something such as the Standardised Field Sobriety Test (SFST) currently used in some form in US, NZ and Europe. This could be replaced by other more scientific tests as the research becomes available and enable testing for impairment by licit as well as illicit drugs;

· the removal or modification of Clause 12A (2) which could allow a pedestrian, a passenger or anyone at all to be tested and prosecuted. It should be deleted from the bill or clarified as to whom it refers;

· The increases in police resources and training that would be needed to implement such a costly and questionable scheme would perhaps be better utilised by improving the overall enforcement of traffic laws.”

“I made a submission (on behalf of the ACT Democrats), to Territory and Municipal Services just over two years ago where I raised many of the above points. It seems that more than two years down the track, we are still unable to determine an effective scientific or human rights basis for this legislation.” Mr Churchill concluded.

Darren Churchill

ACT Democrats President

darren.churchill@act.democrats.org.au

Tel: 0412 196 473

Posted in Civil Liberties, Drugs and Alcohol, Law Reform | Leave a Comment »

Media Release – Kevin Rudd Suffers Memory Loss – Forgets People With A Mental Illness Vote Too

23/06/2010

Media Release – Kevin Rudd Suffers Memory Loss – Forgets People With A Mental Illness Vote Too

The resignation of Prof. John Mendoza, the Rudd Government’s chief advisor on Mental Health, is a slap in the face to the one in four Australian voters whose lives are affected by mental illness, say the Australian Democrats.

“Prime Minister Rudd and health minister Roxon have shown contempt for mental health professionals and a total lack of interest in those with mental health problems.” Australian Democrats Victorian spokesperson for Mental Health David Scott Kane said today.

“Prof Mendoza – their appointment – and over 60 mental health organisations have tried to present a letter to Kevin Rudd with a suggested plan of action for mental health. The Prime Minister and his health minister have declined to receive it, a clear message the federal government isn’t listening on mental health.

“Psychiatrists have advised for decades that a key element in treating mental illness is acknowledging there is a problem.

“The Rudd government isn’t even prepared to take this basic step. They are in complete denial and have tried to play hide and seek with the advisor they appointed.”

Successive governments – federal and state – have failed the mentally ill, their families, their carers and the medical practitioners that support them. They’ve failed in funding, in infrastructure and failed again by refusing to look at industry-suggested solutions to the daily problems the mentally ill face.

“The system is pale, sick, lost and in dire need of urgent assistance. The cure is for this government to face the crises.

Mental health is now the leading disability in Australia. It is the foremost killer of those under 44. Yet the Rudd Government ignores it, and now chooses to ignore the man they appointed to deliver the message to them.

“Kevin Rudd seems to think if he states something it will magically resolve itself. Restating his commitment ‘to do more on mental health’ and that it’s ‘next cab off the rank’ seems to be about as committed as he was on supermarket pricing and climate change. We should be grateful he didn’t use it as an opportunity to demonstrate his powerful command of expletives.

Professor Mendoza and the mental health organizations are offering possible solutions to the problems faced by the mentally ill. Solutions to save lives. Solutions to save families pain and reduce the soul-destroying frustrations of thousands of people treating and caring for the mentally ill.

“The mentally ill, their families and the mental health field are justifiably angry at the Rudd Government for continuing the cycle of systemic failure imposed on them by the current mental health policy – or lack thereof. They should vote accordingly.

“Rather than save lives and advance this neglected field, the Rudd Government concerns itself with internal leadership navel gazing and bickering. They have forgotten the reasons they were elected,” Mr. Kane concluded.

Media contact – David Scott Kane 040 434 1025

Posted in Uncategorized | Leave a Comment »

Media Release: 14th June, 2010: Rudd government scared of everyone and everything.

14/06/2010

DARREN CHURCHILL

ACT Democrats President

Media Release: 14th June, 2010:

Rudd government scared of everyone and everything.

“First there was the seriously flawed internet filter, that expected ISPs to block web sites on a secret, arbitrary government list. Now there is the equally flawed proposal by the Attorney-General, which expects ISPs to record every web site you visit and keep copies of all your emails”, said ACT Democrats President and Privacy campaigner, Darren Churchill today.

The proposal is modelled on British legislation where telephone and Internet companies are forced to log details of communications for up to two years. But, only details about the date and time of each phone call, or each time a user connects to the Internet, are collected. The content of each communication is not stored.

“The Australian version is much more draconian. It contains no need for an interception warrant, as is required under current law. As far back as 2004, the Electronic Frontiers Australia (EFA) executive director Irene Graham said the that the then Telecommunications Interception Legislation Amendment Bill “would remove all protection on users’ privacy and private e-mails and SMS messages would be easily accessible by government agencies”. And now the government wants to take us either further down this totally illiberal path.” stated Mr Churchill.

“Another major concern is the elimination of restrictions on how long the collected information will be kept by the government agency and to what extent it will be used.”

“Like the Internet filter, the Internet interception won’t work – for the same reasons. The real criminals will use Virtual Private Networks (VPNs) and encryption to avoid being caught.”

“So, what will the Bill achieve? It will place a massive storage burden on ISPs. It will significantly slow the Internet – on top of the slowing caused by the Internet filter. It will create a vast security problem – every ISP will have to keep these records secure and private, and there will be many copies at many ISPs for hackers to attack. It is a gross invasion of civil liberties and of personal privacy!” declared Mr Churchill.

“The government must explain why they regard this sort of legislation as necessary. If they claim it’s for our protection – then protection from whom? From what? And how do they believe the existing laws don’t do this already?”

Mr Churchill said, “The Democrats call on the Rudd government to stop being Big-Brother – stop treating ordinary, everyday people as if they are criminals. Don’t introduce draconian legislation that won’t even achieve the stated goals. Do the hard yards and find a solution that works without the flaws. And, the Democrats believe that existing legislation can achieve what is required.”

Darren Churchill

ACT Democrats President

darren.churchill@act.democrats.org.au

Tel: 0412 196 473

Posted in Censorship, Civil Liberties, Privacy | Leave a Comment »

End the Gaza blockade now!

03/06/2010

MEDIA RELEASE

Thursday, 3 June 2010

 

If there is one lesson to be learnt after the tragic deaths of innocent people in the “Free Gaza” peace flotilla, it is that the blockade of Gaza should be lifted immediately, say the Australian Democrats.

Spokesperson, Sandra Kanck, says that the world condemnation now needs to be directed to a positive outcome.

“There would have been no need for the peace flotilla in the first instance if Israel did not have Gaza cut off.

“As the disaster unfolded, Israel’s Defense Minister, Ehud Barak, said there is no humanitarian crisis in Gaza, a claim which is damned by the facts.

“The United Nations, which has an ongoing presence in Gaza, is quite clear that the three year long blockade has had a seriously detrimental humanitarian impact.

“Livelihoods have been destroyed, with unemployment at more than 40%; the fishing fleet is prevented from going out to sea; daily electricity blackouts of between 4-8 hours occur because of the limited amount of fuel oil allowed across the border by Israel, which is counterproductive for the economy.

“The lack of material to maintain the water infrastructure in combination with the power blackouts sees 80 megalitres of raw and treated sewage released each day to the sea or leaking into aquifers. The consequence is that only 5-10% of water in aquifers meets WHO standards.

“Again, according to the UN, between 70 and 80% of the population of Gaza is now living in poverty, with many of them experiencing what is termed food insecurity, a new word for hunger.

“Israel now demands that aid in containers must be delivered on palettes, resulting in $1.5m of aid money having to be diverted to repackaging.

“UN staff advise that they are spending thousands of hours merely negotiating with the IDF to get permission to send material into Gaza.

“The facts speak for themselves, and the Australian Democrats call on the Australian Government to actively work for a lifting of the blockade,” said Ms Kanck.

Further comment: Sandra Kanck 08 8336 4114 (or 0417882143)

Posted in Uncategorized | Leave a Comment »