on โ20-04-2014 10:21 PM
As it's more than 100 days now, it has been suggested that a new thread was needed. The current govt has been breaking promises and telling lies at a rate so fast it's hard to keep up.![]()
This below is worrying, "independent" pffft, as if your own doctor is somehow what? biased, it's ridiculous. So far there is talk of only including people under a certain age 30-35, for now. Remember that if your injured in a car, injured at work or get ill, you too might need to go on the DSP. They have done a similar think in the UK with devastating consequences.
and this is the 2nd time recently where the Govt has referred to work as welfare???? So when you go to work tomorrow (or tuesday), just remember that's welfare.
http://www.abc.net.au/news/2014-04-20/disability-pensioners-may-be-reassessed-kevin-andrews/5400598
Independent doctors could be called in to reassess disability pensioners, Federal Government says
The Federal Government is considering using independent doctors to examine disability pensioners and assess whether they should continue to receive payments.
Currently family doctors provide reports supporting claims for the Disability Support Pension (DSP).
But Social Services Minister Kevin Andrews is considering a measure that would see independent doctors reassess eligibility.
"We are concerned that where people can work, the best form of welfare is work," Mr Andrews said at a press conference.
on โ11-09-2014 08:35 PM
not a law expert but I hope this happens,
Medicos should consider boycott of offshore detention centres: doctors
Read more: http://www.smh.com.au/federal-politics/political-news/medicos-should-consider-boycott-of-offshore-de...
High court verdict spells the end for Australian immigration detention as we know it
Todayโs landmark hearing clearly set out the constitutional limits on detaining non-citizens. The federal government will now have to release or process thousands of asylum seekers
In the unanimous decision handed down today, the court threw out the federal governmentโs strategy of granting temporary visas to asylum seekers through a legal loophole. Unable to get temporary protection visas through parliament, the federal government had been granting other temporary visas which blocked asylum seekers from applying for permanent visas, but todayโs case ruled against that practice.
More importantly, and for the first time, the court clearly set out the constitutional limits on immigration detention. It was previously unclear for what purposes the government could detain non-citizens. The court has now clearly stated that the government can only lawfully detain someone in three circumstances: to consider whether or not to let someone apply for a visa; to consider an application for a visa; or to remove someone.
โ11-09-2014 09:20 PM - edited โ11-09-2014 09:24 PM
on โ11-09-2014 09:29 PM
on โ12-09-2014 01:12 AM
This food labelling, contents, origin of contents etc is very serious. Our bodies recognise 'poisons' and chemicals when ingested and our immune sytem does not take long to go into OVERLOAD......especially when we are probably ingesting lots of chemicals on a daily basis through our foods.
How can consumers make informed decisions about which fresh and processed foods are best for us to eat if relevant information about origin and ALL contents is not on labels?
Who, when and where and how AND which? regards TESTING of products?
This whole issue does need to be seriously sorted asap.
on โ12-09-2014 06:29 AM
It actually helps the read the judgement in itโs entity, before making statement such as โI hope it happensโ
Without going into too much detail, the judgement finds, or more correctly follows already established precedent and determines that -
(1) That ALL persons arriving on our shores without a valid visa are illegal aliens
(2) That it is lawful to detain illegal aliens until they are either deported, or if they claim asylum, until their application has been determined. Most importantly, whilst in the application is being determined, they remain, for the purpose of the Act illegal aliens.
(3) That the minister must ensure that all applications for refugee status are processed in a reasonable time.
(4) If it is determined that the persons falls within Act as a person requiring protection, as Temporary Protection Visaโs were removed from the act, they must be issued with an open ended one.
So what does all of this mean in practical terms?
TSPs can once again be issued once the Act is amended to include them, and as Laborโs immigration policy in this area mirrors that of the LNPโs it will be interesting to see what happens from this point onwards.
Furthermore, the judgement does require that, once refugee status has been established, they are automatically entitled to resident status. In fact all that is happens iis, they be released from detention and issued with a open ended โvisaโ, and like all visa it can be revoked, say for instance when situation in their country of origin improves so no longer require protection. But all of this can be overcome if the Parliment amends teh Ac to reinclude TSPs.
More importantly there is no onus on the government to provide them any benefits. That their status is as an alien non-resident, who unless the Government choses otherwise, is not entitled to any of the social benefits which residents and citizens are entitled to. No unemployment benefits, no Medicare, no child support, and no ability to lawfully seek and obtain employment. That is their status and circumstances would be the same as simular persons who seek asylum in Europe.
So again, what do you hope happens?
on โ12-09-2014 07:35 AM
Should read
Furthermore, the judgement DOESN'T require that, once refugee status has been established, they are automatically entitled to resident status. In fact all that happens is, they be released from detention and issued with a open ended โvisaโ, and like all visa it can be revoked, say for instance when situation in their country of origin improves so no longer require protection. But all of this can be overcome if the Parliment amends teh Ac to reinclude TSPs.
on โ12-09-2014 09:26 AM
Take
"The decision to grant both the seven-day visa and the THC visa was a single decision which cannot be severed and treated as if there had been two separate decisions. Accordingly, the grant of the THC visa falls with the grant of the seven-day visa"
Now add
"Counsel for the plaintiff accepted that the consequence of these conclusions was that the plaintiff would revert to the status of an unlawful nonโcitizen, liable to detention. Regardless of whether the plaintiff is detained again, the decision whether to exercise power under s 46A(2) must be made as soon as reasonably practicable."
So what was achieved.
The three year visa was set aside, as was the original decision that he was in fact was a refugee, which meant his status reverted back to being an unlawful non-citizen liable to be detention until his application for refugee status was once again determined.
This is a win???
on โ12-09-2014 09:27 AM
this
The landmark hearing clearly set out the constitutional limits on detaining non-citizens. The federal government will now have to release or process thousands of asylum seekers.
writer of the Guardian article I posted, a little more qualified to speak on the matter than anyone here. So again I repeat - I hope this happens.
The landmark hearing clearly set out the constitutional limits on detaining non-citizens. The federal government will now have to release or process thousands of asylum seekers.
Dr Joyce Chia is the Senior Research Associate at the Andrew & Renata Kaldor Centre for International Refugee Law at UNSW. She was awarded her PhD on comparative immigration and refugee law at University College London in 2009. She has previously worked as a Senior Policy Officer at the Australian Charities and Not-for-profits Commission, as a Research Fellow at Melbourne Law School, a Legal Officer at the Australian Law Reform Commission, and as a Research Associate at the Federal Court of Australia and the Victorian Court of Appeal
again from the Guardian article
Detention is only lawful if these purposes are being โpursued and carried into effect as soon as reasonably practicableโ, the court held. The length of detention must be assessed by what is โnecessary and incidentalโ to execute and fulfil those purposes. These limits on detention are constitutional. In other words, parliament cannot override them by introducing new legislation.
on โ12-09-2014 09:37 AM
No I didnโt read the article. No need to as the decision was provided.
โDetention is only lawful if these purposes are being โpursued and carried into effect as soon as reasonably practicableโ, the court held. The length of detention must be assessed by what is โnecessary and incidentalโ to execute and fulfil those purposes. These limits on detention are constitutional. In other words, parliament cannot override them by introducing new legislationโ
So please show where my interpretation in any way conflicts with the above.
For instance did I not say โ(3) that the minister must ensure that all applications for refugee status are processed in a reasonable time?โ
Mus go will be back later this arvo i you want to continue teh debate
on โ12-09-2014 10:06 AM
In other words people have to be processed not left indefinitely in detention.