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Liberal senator admits 18C changes are designed to win back PHON voters

22 Mar

Brandis bigotry cartoon for 25 3 14 by Cathy Wilcox
“Bigot Pride March”

 

In case you did not suspect that Malcolm Turnbull’s explosion of piss and wind on Section 18C yesterday was entirely self-serving, this morning on Radio National Breakfast news, Liberal Senator James Paterson confirmed that the exercise was part of a suite of measures designed to win back votes from Pauline Hanson’s One Nation.

Oh look! A Liberal can speak the truth!

It was as well another of Turnbull’s abject efforts to hold onto his rickety leadership by placating his simmeringly mutinous right-wing.  I hesitate to call them colleagues: that implies a co-operative relationship and this lot are snapping at their leader’s heels like a pack of rabid ferrets. Assuaging these furies is the motivation behind some 99.99% of Turnbull’s worryingly unhinged thought bubbles.

What yesterday’s exercise most certainly was not, is an expression of concern for the groups 18C is designed to protect, though Turnbull did his barrister best to spin it as such, declaring with silk-like arrogance that of course these changes would be of benefit, why else would his government so strongly support them?

The proposed change to the wording of 18C from insult, offend and humiliate to harass, is highly unlikely to pass the Senate, so Turnbull is on a hiding to nothing in that respect, however, he has silenced his critics’ savagery for a nano second (his nemesis, former PM Tony Abbott went so far as to congratulate him) and he has demonstrated to the pig ignorant that he won’t be enslaved by “political correctness.”

Aside: I have yet to fathom what political correctness actually is. Can anybody help me? Please be civil.

And so we have (on Harmony Day, nice touch lads) the spectacle of comfortably privileged white men demanding the right to insult, offend and humiliate others solely on the basis of difference. Comfortably privileged white men are inherently entitled to engage in these behaviours (we women know this all too well) and anyone attempting to interfere with their entitlement is guilty of “political correctness.”  Political Correctness is, apparently, a far greater crime than insulting, offending and humiliating others solely because they are different in some way from you.

The world is collapsing under the unsustainable weight of the entitlements of comfortably privileged white men and their female consorts. Like miserably greedy children who fear their parents don’t love them they must have control of everything, otherwise it’s not fair.

Section 18C is intended to curb speech that will cause harm on the very specific grounds of race, ethnicity, nationality, and colour. I want Turnbull to explain why comfortably privileged white men and women need so desperately to be assured that they can legally insult, offend and humiliate others on the grounds of their race, ethnicity, nationality, or colour?

There is no upside to such commentary. It can only ever be derogatory, damaging and ill-intentioned. So why do the privileged need it? Why single out this particular aspect of free speech from the many others, including defamation law, that could more usefully be addressed?

Of course defamation law is what comfortably privileged white men use to destroy the freedom of others to speak about them in ways they find insulting, offensive and humiliating. Funny, that.

Changing the wording to harass almost certainly would have protected both Andrew Bolt and Bill Leak from complaints made against them to the Human Rights Commission. Harassment implies a sustained and personal attack, not a handful of cartoons or articles in a newspaper. A substantial body of work would need to be accrued before harassment could be alleged.

The bar would be set high so as to discourage complainants. The added recommendation that costs be awarded against complainants who lose their case is a powerful deterrent to making complaints in the first place.

The Murdoch press, on the other hand, has deep pockets and neither Bolt nor Leak would have faced personal financial distress, as would the majority of complainants. This does not, as Turnbull so deceitfully claimed, “strengthen the law” unless you are a perpetrator.

The proposed law is entirely political, and favours comfortably privileged white men over those they would insult, offend and humiliate, just because they can and by god, free speech!

One could almost claim that the LNP has struck (another) blow for Rupert.

What a happy Harmony Day we had in Australia. The day our government soothed the furrowed brows of ignorant bigots and promised to let them have all the freedoms they want, whenever they want.  Now all that remains is for Turnbull to name the proposed change “The Leak Amendment.”

As this piece by Jennifer Hewitt in the AFR proclaims, the spirit of Leak lives on in the 18C amendment. Oh yes, indeed it does, but not for the reasons Hewitt suggests.  It lives on in the cynical exploitation of difference for personal and political gain, normalised and legitimised by a very little, very frightened and very cowardly man, desperately clinging to his job and willing to exploit any circumstance that might help him stay in it for one more day.

 

 

 

 

 

 

 

 

Dutton stigmatises CEOs as no better than women. Wow.

20 Mar

 

 

Immigration Minister Peter Dutton inexplicably stepped out of his portfolio last week to make commentary on CEOs with an opinion on marriage equality that does not coincide with his own.

Dutton singled out Qantas CEO Alan Joyce for particular attention, presumably because Mr Joyce is gay.

In a final flourish, Dutton advised CEOs to “stick with their knitting” and in so doing revealed the putrid depths of his masculinist contempt not only for gay men and marriage equality advocates, but also for women.

Knitting is largely (though not entirely) a female occupation. It has long been the practice of hegemonic masculinity to “feminise” and therefore devalue gay men through the conflation of homosexuality with effeminacy.

Heterosexual masculinists such as Dutton work to denigrate homosexuals and their CEO supporters as undesirably  “female” by suggesting that their expertise is not in the world of business, opinion and commentary, but rather in a confined domestic environment where they are powerless, voiceless, and, knitting.

The denigration works only if Dutton (and heterosexual masculinists of both genders who agree with his point of view) believes women are inferior, and uses the recommendation to “stick to your knitting” as a profoundly unpleasant, homophobic and sexist insult.

The Minister is actually saying: you have no place and no power in the world of “real” men like me, because if you are a man who supports marriage equality you are inevitably effeminate.

Dutton devalues the male CEOs by attributing to them the “feminine” activity of knitting, and simultaneously devalues women. Our real place is not, in his opinion, in the public space advocating marriage equality, but in a domestic life removed from concerns best left to masculinist politicians.

In Dutton’s view, gay men and male supporters lack masculinity, evidenced by their subversive refusal to unquestioningly support the hegemonic masculinity Dutton represents.

Indeed, Dutton’s masculinity is, like the Australian Christian Lobby’s Lyle Shelton, defined by his heterosexuality. I recall Shelton’s plaintive tweet that if we allow marriage equality, no one will know he is straight.

Feminising gay men and supporters, stigmatising them as no better and no more relevant in the world than women, is an abject attempt to differentiate the heterosexual masculinist from his greatest perceived threat: a man who loves another man and in so doing becomes, oh dear god no, feminised.

In the world of heterosexual masculinists opposites attract, therefore, if you’re a man who loves a man, you must be a woman.

That this is employed as an insult by Dutton should give us significant pause.

Knitting is generally regarded as a harmless occupation, however, Dutton should note that knitters are not necessarily quite so bland. Madame Defarge, for example, knits contentedly on through the Revolution as the despised ruling heads of France fall one by one into the basket under the guillotine, their names stitched into her patterns.

Dutton has managed, in one short phrase, to cast a thoroughly offensive slur upon gay men and all women. Actually, there aren’t many human beings Dutton likes. This nasty piece of work does not belong in our government. Let’s hope his electorate see it that way.

 

 

How has Centrelink come to normalise contempt?

13 Mar

 

In The Saturday Paper this weekend there’s an editorial addressing the recent Centrelink scandals that, among other extreme dysfunctions, have seen the private data of two clients released to that publication, The Guardian, and The Canberra Times.

What you might not know is that The Saturday Paper declined to publish unsolicited private data sent to them by Centrelink, and that those private details belonged to a young man, Rhys Cauzzo, who died by suicide after receiving automated debt notices and subsequent harassment by Centrelink, and debt collectors Dun and Bradstreet:

Recently, private information about welfare recipients has been leaked to the media in the hope of discrediting critics. After The Saturday Paper published Rhys Cauzzo’s story, the department shared his personal data with our reporter in the hope of changing the piece.

The construction of citizens as enemies of Centrelink is engendered by the conservative ideology of Minister Alan Tudge, and senior departmental staff such as DHS secretary Kathryn Campbell, who use as their starting point the proposition that the majority of clients are criminals, or criminals-in-waiting.

(Sound unnervingly familiar?  The assumption by the Department of Immigration and Border Protection Minister Peter Dutton and his lackies that asylum seekers are criminals. I said a while back that what they do to asylum seekers they’ll do to Australians)

In her evidence before a Senate committee last week, Ms Campbell, who played a leading role in creating and presiding over the robo-debt system, refused to acknowledge that the system has any flaws, and remarked that clients have a responsibility to provide the department with correct information. Here you’ll find an excellent piece by Jack Waterford on Ms Campbell, and her “relentless suspicion of the poor.”

The ideologically-driven belief that Centrelink clients (or asylum seekers) are fraudsters is used to justify ill-treatment of them for political gain. The public does not like fraudsters.

Both DHS and DIBP are designed to deal with stereotypes, not human beings. The Ministers and senior staff in both departments are too lazy, too ignorant, too arrogant, too well-paid and too privileged to question their assumptions about those less comfortable in the world. Misfortune of any kind is perceived as a reprehensible moral failing, and as such, punishable by those with the power and authority to punish.

In the upper echelons of these departments you’ll find no broad view of context, of societal and cultural influences: the individual is entirely responsible for his or her own predicament. Society does not exist. There are individual men and women and there are families, but there is no society in the context of which the lives of individuals and families are played out.

Your part in destroying a country has nothing to do with its citizens subsequently seeking asylum in your country. Your ill-conceived policies have nothing to do with people becoming working poor, jobless, homeless, and needing assistance from the state. There’s bunch of rabid Thatcherites running DIBP and DHS.

Ministers such as Tudge, and senior public servants, treat welfare recipients as deviants. Welfare recipients embody what the ruling class fears most: loss of its power and its financial security. They must be punished for their carelessness, but more than that, they must be punished for reminding the comfortable just how close discomfort can be.

Ms Campbell may embrace the Thatcher ideology in her attitudes to citizens, however, it is easily unveiled as a comfortable and convenient delusion. Kathryn Campbell might reflect, if she has the capacity, that were it not for “clients” she’d be out of a job. Campbell’s $700,00 salary is entirely dependent on the misfortunes of millions. So much for the individual’s sole control over his or her circumstances.

The revelation that Centrelink authorities sent unsolicited private details of a dead man to the media, in the hope of changing the journalist’s story, ought to be beyond belief. Sadly, it isn’t. Sadly, we have in this country at least two bureaucracies whose leaders have modelled a pathological lack of humanity, and the dire weakness of all bullies. It’s time to get rid of the Tudges, the Campbells,  the Duttons and the Pelluzos. We’ve travelled far enough down the path of cruelty and unreason. It’s time for a change.

 

 

 

“Belief” is not enough to justify legislation to reveal private data

4 Mar

government-snooping

 

On Thursday, in the midst of public outrage at Human Services Minister Alan Tudge’s doxxing of a Centrelink user, legislation allowing the Department of Veteran’s Affairs to give private information to the media passed through the lower house with bipartisan support, and almost unnoticed.

The power to legally release a citizen’s private information to the media is argued by politicians as necessary, in order for agencies  to respond to people they believe are deliberately misleading the public and in so doing, undermining the public’s confidence in that agency.

Look. I could write an entire post on the irony of citizens undermining confidence in agencies. Think robo-debt for a start. It’s my “belief” that there’s no citizen alive capable of inflicting as much damage on government agencies as they inflict upon themselves, all too often exacerbated by the minister supposed to lead them. Nobody could undermine public confidence in Centrelink better than Hank Jongen and Alan Tudge.

The significant words in the justification for this legislation are they believe. Government agencies and ministers do not have to prove you are deliberately misleading the public and undermining an agency. They simply have to believe you are in order to legally release your private data.

Of course you can fight them after the fact. You can take them to court to make them prove their belief. But by then you’re all over the media, you’re traumatised, and it’s too late. Governments have deep pockets, and you most likely do not.

You have also compulsorily supplied agencies with the very information they now intend to use against you, because they believe your complaints, impressions, and opinions undermine them.

I’ve carefully re-read the article by Andie Fox that caused Alan Tudge to release her data to Fairfax because he “believed” her commentary undermined public confidence in Centrelink.

Ms Fox wrote an opinion piece. It consists almost entirely of how she felt during her encounters with Centrelink. The only points of dispute Tudge could find are a couple of dates, and numbers of phone calls.

According to Alan Tudge, this is sufficient to undermine public confidence in Centrelink, and justifies his release of her private data to Fairfax. Clearly, this is an absolutely ridiculous claim on Tudge’s part, and an abhorrent abuse of his power.

In fact, the power of Ms Fox’s piece is not in a Tudge-like gotcha game with the agency, but rather in her subjective experience of engaging with Centrelink, one with which thousands and thousands of other users can identify.

What Tudge’s reaction demonstrates is that we absolutely cannot trust ministers and senior public servants to exercise good judgement in their use of this legislation.

It demonstrates that citizens must not tolerate legislation that is so open to abuse by ministers and senior public servants, legislation that is based solely on the grounds of their beliefs.

Politicians need to fully explain why they need such legislation in the first place, and in the second, why they feel the need to extend it to include veterans. It wouldn’t have anything to do with military personnel speaking out about the ADF’s stance on the effects of anti-malarial drug Mefloquine, would it?

No senior public servant and no minister should have the power to publicly release a citizen’s private data simply because he or she believes there may be an adverse outcome for an agency. This is an attempt by politicians to silence all dissent by instilling a terror of possible consequences.

Supplying private data to these agencies is compulsory. Politicians are demanding that in handing over our private data, we also agree to their release of it to media should they believe any public commentary we make might adversely affect their interests.

This is an untenable situation for citizens, and a massive over-reach on the part of politicians.

Postscript: Acting Senate Clerk Richard Pye has acknowledged that Tudge’s release of private data may have a “chilling effect” on witnesses at next week’s inquiry into Centrelink Robo-Debt. 

Mr Pye has warned that any attempts at interference with witnesses will be considered to be contempt. 

We have a government that has to be warned not to interfere with witnesses in a Senate inquiry. Think about that. 

 

Just because a govt agency says it wrote you a letter doesn’t mean it did.

3 Mar
Department of Complaints Against the State.

Department of Complaints Against the State.

 

One of Human Services Minister Alan Tudge ‘s justifications for his aggressive media pursuit of writer, blogger and single mother Andie Fox, is that Centrelink made numerous attempts to get in touch with her by phone and letter, and many of these attempts were unanswered.

I have no idea of the validity of these details, however I do know that government agencies are not always accurate in their accounts of interactions with citizens. Despite this fact, the agencies present “their side of the story” as if it is indisputable fact, simply because they say so.

I know this because last year I had some bizarre difficulties with Medicare. I submitted a claim for specialist services, the same claim submitted regularly for the previous eighteen months. The item number is not claimable on the website and as I didn’t have the app on my phone, I’d been submitting via snail mail. There was one occasion on which Medicare said my claim had not arrived, which was resolved after I resubmitted. This was attributed by Medicare to the tardiness of Australia Post.

A few months later I received notice in the mail from Medicare that I had not properly filled out my claim, and they needed further details. I found this very odd, as the claim was exactly the same as the previous eighteen. I rang Medicare.

I was told my claim hadn’t been received. If my claim wasn’t received, how come I’ve just got a letter asking me for more details about it? I inquired. The staff member was excessively rude, aggressive and unhelpful, so I asked to speak to a supervisor. She demanded why I wanted to speak to her supervisor, then shouted that there was no need for me to do that and terminated the call.

When I next managed to contact a staff member I was more fortunate. The staff member was extremely helpful, and we discovered that there was no record of the previous day’s aggressive phone call. We also discovered that the letter I’d received requesting further information had a reference number which did not coincide with that of any Medicare employee.

As well, the staff member informed me that my claim forms, photocopied and returned to me with the demand for more details, had been incorrectly handled: they should have not been returned to me at all, and certainly not as photocopies.

Where are my original claim forms, I asked? We have no idea, I was apologetically told. My claim forms have been photocopied and the originals lost? Breach of my privacy? I suggested.

Who has accessed my claims for specialist services and who knows my history and who is able to access the Medicare system with a false reference number? I asked.

I have never received any answers to these questions. I did speak to another staff member who also could not connect the reference number on my letter with anyone working in the system. I have no idea who in Medicare photocopied my original claim forms, or why, or what happened to them.

I did eventually receive reimbursement and I haven’t had any trouble since.

This is one small example of what can go wrong in government agencies, and that because the Minister says something has been properly executed does not necessarily mean it is so.

It’s also an example of how vulnerable users of these agencies are, and how little control we have over the information we submit. Medicare claim forms reveal a lot about us we might not necessarily want anyone else to know. This is our right.

If a minister can release private data marked “for official use only” to the media, we can have no trust in these agencies. We are in an invidious position: we have no choice but to submit private information. We have now seen how our private data can be used to hold us hostage by agencies and ministers, who might decided to “correct the record” with it if we publicly complain.

I didn’t write about my Medicare experience at the time because I felt concerned that there might be some retaliation, particularly in view of the bizarre circumstances and the misappropriation of my claims by an unknown person. This is how governments silence citizens, and this is why the Fox case is so important.

We now know that Tudge has his staff monitor social media for complaints against DHS.

Well, Minister Tudge, monitor this. Or better still, find out what happened to my private medical data.

 

Tudge releases unauthorised documents, & where are the “leading” feminists?

2 Mar

alan-tudge-sponsorship-business-card-size-advert

 

Please feel free to email, phone or visit this man with your opinions.

The Guardian has this afternoon reported that Human Services Minister Alan Tudge “accidentally” authorised the sending of confidential internal briefings concerning Centrelink complainant Andie Fox and marked “official use only,” to Fairfax journalist Paul Malone for publication.

The documents included information about Ms Fox from the Australian Tax Office. It’s unclear whether or not DHS has notified the ATO of this data breach.

The Guardian became aware of the “mistake” when the same documents were sent to that publication after journalists requested further information from DHS on the Tudge debacle.

Tudge has assured parliament that he lawfully authorised the release of Fox’s information to Malone. However, given he now claims some of those documents were “accidentally” released, he could not also have authorised them unless he authorised an accident, which is entirely possible and if so, situates us in even more bizarre territory than we found ourselves in yesterday.

It was also revealed today that Alan Tudge requires regular updates from his staff, gleaned from social media, on which Centrelink users are complaining about their experiences with that department.

Centrelink is stalking customers who publicly complain about their services.

Any Centrelink employee who released documents marked “for official use only” to the media would be sacked and prosecuted. I expect the same treatment for Minister Tudge. Don’t you?

Andie Fox is a single mother, chosen by Tudge as a scapegoat to distract from his astronomical incompetency. As I’ve noted in earlier posts, the power imbalance between Alan Tudge, Paul Malone of Fairfax, and Andie Fox is incalculable. As I’ve also noted before, there are thousands of complainants Tudge could have chosen to attack, however, he chose a single mother, one woman because, I suggest, he imagined her to be an easy target, and we know how the LNP feel about single mothers.

And yet not one leading feminist has seen fit to speak out about Ms Fox’s plight. Not one feminist with a platform has chosen to use it to discuss this situation. Not one leading feminist has got Ms Fox’s back, not one has questioned Tudge’s persecution of a single mother, not one has questioned the injustice of Ms Fox being in this situation in the first place because of her ex partner’s actions. A woman is under unprecedented attack by the Australian LNP government, and not one public feminist has said a word about it. WHY NOT?

To be continued. 

 

 

 

No need for Centrelink to prove your comments are adverse: they only need to think so before exposing you to media.

1 Mar

 

Information Privacy on computer keyboard background

Further to yesterday’s post on the release to Fairfax media of private information by Human Services Minister Alan Tudge, the minister has justified his decision to take this action on the grounds that he is entitled by law to reveal personal details if the individual has made complaints in the media Centrelink considers false.

In other words, if you complain in the media about Centrelink, your private information can be released by that department in its own defence.

The Office of the Australian Information Commissioner’s Use or disclosure of personal information regulations address this situation thus:

6.22 Examples of where an individual may reasonably expect their personal information to be used or disclosed for a secondary purpose include where:

the individual makes adverse comments in the media about the way an APP [Australian Privacy Principles] entity has treated them. In these circumstances, it may be reasonable to expect that the entity may respond publicly to these comments in a way that reveals personal information specifically relevant to the issues that the individual has raised[8]

The APPs and the APP guidelines apply from 12 March 2014 and cover both Australian Government agencies and organisations covered by the Privacy Act. 

I would argue that it is never reasonable to expect that Centrelink will divulge your personal information to the media under any circumstances, and 6.22 needs to be scrapped. The paragraph makes no reference as to whether or not your adverse comments are justified. You only need to make comments Centrelink considers adverse for them to reveal your private information to the media. 

Criticism of a government agency can see you stripped of all privacy. Think about that.

This should make anyone who entrusts Centrelink and other government agencies with private information, very nervous.

At the same time, if you need Centrelink assistance you have no choice but to give them all the private information they require. This is a lose-lose situation for citizens, and it is entirely unacceptable.

Andie Fox, the subject of Tudge’s vengeful action, is a middle class professional woman, like millions of others who claim Family Tax Benefit, and the millions of older Australians who claim part pensions. Tudge, in this instance, has not gone after his stereotypical welfare recipient. So don’t feel you are safe in your demographic, because you aren’t. Should you get Centrelink offside, your private information can be given to the media whether your complaints are justified or not, without any consultation or warning.

There is a website titled “Not my debt” where you’ll find page after page of adverse commentary on Centrelink. There are thousands of critical tweets. There are hundreds of articles in mainstream media and the blogosphere dedicated to adverse commentary on Centrelink. Yet Alan Tudge went after one woman.

If you think your privacy is safe with government agencies as long as you keep your mouth shut, think about what kind of country you’re living in, and what kind of person you’re becoming because of it.

Centrelink is an apolitical body. An individual’s private information held by the agency must not employed as a silencing tool by the government of the day.

 

 

 

 

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