THE DILEMMA OF WHEAT

HIGH COURT UPHOLDS WORKCHOICES LEGISLATION

On Tuesday 14 November 2006, the High Court of Australia upheld the Federal government's revolutionary step to abolish the industrial relations system of the previous 100 years. The decision was not unanimous, Justices Kirby and Callinan would have upheld the challenges by the various State governments and the union movement, but five other High Court Justices (including the Chief Justice) found otherwise.

We are informed the hundreds of pages of the judgement text is littered with sentences in which the arguments of the challengers were dismissed. In fact they did not get a single point up. A more comprehensive defeat could not have been imagined.

Brief summary of points High Court judgement contains:
The idea that we could, or even should, consider what the framers of the Commonwealth Constitution had intended when they put the Constitution together was dismissed as "…a mirage more often than not".

§ The width of the Corporations Power is profound. That had been the case for some time (particularly since the Tasmanian Dams case of the early 1980s) - thanks to the Hawke Labor government! - but is now reinforced. The Corporations Power was found to extend to the making of laws that affect corporations, their employees, shareholders and those with whom the corporation does business.

§ The argument that WorkChoices can or does give rise to "extreme results" was rejected. In rejecting the argument, the High Court looked back at the end of the nineteenth and the beginning of the twentieth centuries when strikes and industrial disputes dominated the landscape…

§ Much of WorkChoices depends on the government passing regulations. This makes it difficult as users of the legislation (which is just about everyone) have to juggle between the Act and Regulations, which are continually changing and developing. The court makes the point that this technique is "…undesirable and should be discouraged."

WHERE TO FROM HERE FOR THE LABOUR MOVEMENT?

A loss for the states in today's High Court ruling on their challenge to the Federal Government's workplace changes would not affect the union campaign against the laws, the ACTU said today.
But the ACTU, which was not a party to the challenge, said the case was not a test of the fairness of the laws. The ACTU supported the challenge but their campaign against the laws is really out there in workplaces and in the community, not in the High Court ACTU secretary Greg Combet said on Channel 9.

The Government announced a raft of proposed changes to the laws yesterday, including giving employers the right to stand down workers without pay during tough times.
The measures, which the Government said was 'fine-tuning', also extends the protection of workers' redundancy entitlements and will allow employees to cash out unused sick leave or carer's leave.

Please note:
The government makes the laws that both worker and employer must abide by, but does nothing to ensure both parties can carry out their legal requirements FINANCIALLY!
I see the government will allow employees to 'cash out' unused sick leave or carer's leave. Is the government also going to ensure the employer receives a just price for his products which will include his insurance overheads to cover 'unused sick leave' payouts?

The ACTU will stage a major protest against the laws on November 30 at the MCG in Melbourne, with the event broadcast to pubs and clubs around the country.
Pity the ACTU didn't stage a rally against the bankers' debt-finance system which makes slaves of us all.

ASIA EXPLODING

by James Reed
Our universities are full of 'intellectuals' who, by any decent standard of quality, should never have been appointed. Many in the social sciences and humanities have made a very good living - thank you very much - out of the Asianisation/multicultural racket.

The standard work says:
White Australians, racist, Asia is good, Australia must be Asian, Australia then good - to put it in 'cave man' language.

But not all academics are like that. Professor Paul Dibb of the Australian National University Strategic and defence Studies Centre is an objective scholar who follows the argument where the evidence leads. Recently he said that the North Korean nuclear test shows that instability in Northeast Asia is Australia's number one strategic concern - not the Middle East.

An article "Asia Instability 'Biggest Threat'", The Australian 10/10/06 p.6, summarises Professor Dibbs' position:
"the region faced a major stability crisis, with its high concentration of conventional forces and nuclear weapons, deep-seated animosities, serious territorial and ideological disputes and poor bilateral relationships between most member countries."
An arms race will be fuelled across Asia.

My view: The West, at the mercy of traitorous elites from within, has allowed its nuclear secrets to be stolen by a hostile world. It has allowed nuclear technicians to be trained in the West, only to go home to work on weapons of mass destruction. A racially suicidal virus seems to have infected the consciousness of a once proud people.

IT SEEMED LIKE A GOOD IDEA AT THE TIME

by James Reed
A federal government discussion paper released September 2006, called for migrants applying for Australian Citizenship to face a test on English and Australian values such as democracy and the rule of law.
However, according to Professor Kim Rubenstein, director of the Centre for International and Public Law at the Australian National University, the tests may be challenged in Court if they went beyond the bounds of the Citizenship Act (The Australian 20/9/06 p.25)
One can bet that immigration lawyers will be falling over themselves to test this before the Federal and High Courts.

Commenting on this proposal Katharine Betts said: "If any liberal democracy is going to endure and survive, it's got to have much more of a sense of social cohesion than just a bunch of people who happen to be passing through."

The destruction of Australia's Anglo-Saxon ethnic nationalism by Post-World War II immigration, has led to Australia ceasing to be a nation at all and becoming merely a client State managed to serve the interests of global financial capital. It requires more than just glib expressions of consent to certain values to make a nation: it requires a common blood and history.
Under multiculturalism the best that a State can be is just a bunch of people passing through. Home is replaced by the metaphor of hotel and family by the dole line-up in Centrelink.

THE DARKER SIDE OF IMMIGRATION

by James Reed
A "brain drain" of African university-trained professionals to Europe and the US is harming Africa's economic and cultural well-being (Guardian Weekly 31/03-6/04/06, p.32). Around 30 per cent of Africa's best professionals are gobbled up by the US and Europe.
Brian Everett, the assistant general secretary of the Association of University Teachers, has said: "Asian migration rules and patterns change, we want the academic world to respond in ways which share the benefits of international working and migration more fairly. We need to see the benefit of lecturers moving between countries as much more of a two-way exchange. We need to see investment in their universities, co-operation in developing their higher education capacity and other tangible long-term benefits."

This is an idle and futile dream:
If the Western 'power elites' were concerned about the economic and cultural welfare of Africa they wouldn't have poached the cream of their intelligentsia in the first place. The 'brain drain' is one of the great evils of the globalist ideology of immigrationism which acts to intellectually gut poor nations of the Third World.
Where are the bleeding heart liberals protesting against this? All they want is more people in colour in Australia and to hell with the 'home' country. That sounds like 'racism' and maybe even 'genocide' to me.

MORE MIGRANTS - FEWER CHECKS

IRAQ AND THE FAILURE OF MULTI-ETHNIC NATIONS

by Brain Simpson
An independent commission set up by the US Congress is drawing up plans to divide Iraq into three ethnically separate autonomous regions. There are 'fears' that attacks on the coalition forces are out of control and the lives of hundreds of civilians are claimed each day.

Leslie Gelb, a former president of the Council on Foreign Relations, has been quoted as saying: "They have finally noticed that the country is being partitioned by civil war and ethnic cleansing is already a daily event." (The Australian 9/10/06, p.11) Another nail in the coffin of multiculturalism has been struck.

WHAT IT HAS COME TO

by Brian Simpson
According to the Daily Mail (UK) a teenage girl in Greater Manchester was arrested by police for 'racism' after she asked her teacher to re-assign her. She had been put in a group of students who did not speak English. The 14-year-old spent three and a half hours in a gaol cell.

The girl was questioned on suspicion of having committed a section 5 public order offence. The girl was later released uncharged. But the head teacher said that a racially motivated remark had been made; an allegation of a serious criminal nature. All of this is the natural outcome of Britain's anti-racism (anti-White) laws.

If Asian students had complained about being with Whites no doubt the well-fed guilt ridden teachers would have bent over so far, that their backs broke, to help the poor disadvantaged "Other".

DEFAMING DEFAMATION

by Ian Wilson LL.B:
Defamation laws came into being during the Middle Ages as a way of noblemen protecting their honour without a dual. Defamation has always been a defence for the rich man to protect his usually foul deeds.
In recent times the issue has been made even murkier by the introduction of the media as another big player. Some argue that defamation is the only protection from assassination by the media. But this is still a battle of rich versus rich.

Recently the English House of Lords held that it is a defence to defamation if the published material is in the public interest and is not irresponsible or reckless. The public interest defence would apply even if the published allegations were incorrect. It remains to see if the High Court of Australia will embrace these reforms. And if it does Courts can still get the results they want by holding that the publication was "irresponsible" and/or reckless.

Nevertheless, this is generally a good turn of events that I welcome. (Source: The Australian 13/10/06 p.6)

HOWEVER - I DO NOT …
However I do not welcome Tasmania's decision to apologise to the "Lost generation" and open a $4 million compensation scheme. No stolen generation case that I am aware of succeeded in a Higher Court and the 'Bringing Them Home' Commission report was discredited by numerous critics. (The Australian 18/10/06 p.1) Talk about, when we win, we lose!

WHO SAID THERE WERE NO NEW MONARCHISTS?

From David Flint's Opinion Column:
A lesson on the letter Q has led to a brush with royalty for Year1 children at Newman College, in Floreat, writes Peta O'Sullivan in The Sunday Times of 22 October 2006 ("Queen's reply to class right on Q").

Matthew Blake, of ACM's Western Australian Branch, who told us about the report, says that Newman College is a Catholic school in the western suburbs of Perth. When the children returned from their holidays they found a letter from Buckingham Palace awaiting them. "They were so excited about it," said teacher Mrs. Annette Rose.

Ms. O'Sullivan reports that the royal correspondence was in response to letters the children had written to The Queen as part of an exercise on the letter Q. Mrs Rose said: "All the Year Ones were learning about the letter Q, so I mocked up an A3 sheet with a crown at the top and got the kids to write letters to the Queen".
The letters asked "Who cleans the palace?", "Do you get sick of waving all the time?" and "Do you like the King?" Mrs Rose had no intention of sending the letters to the Queen and was as surprised as the children at the reply.
But when one of the mothers, Andrea Whitely saw them in her daughter's classroom, she told Mrs Rose that she would be visiting Highgrove and would try to give them to Prince Charles and ask him to pass them on to HRH.
The royal response, passing on the Queen's best wishes and congratulating the children on their beautiful work, was from the Queen's lady-in-waiting, Susan Hussey. The report is accompanied by an excited group of children with the letter and with a portrait of their Queen.

We reported in this column on 13 March, 2006 the brutal words of the Hon.Nicola Roxon, the federal shadow attorney general in Her Majesty's Loyal Opposition:
"There are no new monarchists being born," she said, only months after swearing or affirming her allegiance to the Sovereign. "If we bide our time they will all die off."
She reflected the views of many republicans, most frequently expressed by former senator and minister, the Hon. Susan Ryan. The recent opinion poll among WA youth, which we reported in this column on 6 September 2006, shows that support for a republic among the youth has collapsed. We suspect this must have introduced a dose of reality into republican ranks.

ARE MEN MORE INTELLIGENT THAN WOMEN? NO!

by James Reed
Canadian academic John Philippe Rushton, best known for his work on race and intelligence (i.e., that intelligence is influenced by race) has, according to the Daily Mail, published a paper that shows that men's IQs are four points higher than women's. The curve for men also shows more male geniuses - and more male idiots!

Rushton claims that the 'glass ceiling' may be due to women's inferior intellects. I cannot agree with Rushton on this. There are plenty of intelligent women who still complain about a glass ceiling. Even when, say in a university, most professional appointments go to women, the complaint is still made.

It is just propaganda, of 'never being satisfied' until no man has a worthwhile job. How could men possibly be more intelligent than women to allow all of this to continue? (What I give with one hand, I take with the other!)

STINGING REPORT ON AMERICAN COMPANIES FROM ASIA TIMES

By Dahr Jamail and Ali al-Fadhily: Source: Asia Times, 10 November 2006:
The decision of the giant engineering company Bechtel to withdraw from Iraq has left many Iraqis feeling betrayed. In the company's departure, they see the end of remaining hopes for the reconstruction of Iraq. "It is much worse than in the time of Saddam Hussein," Communist Party member Nayif Jassim said. "Most Iraqis wish Saddam would be back in power now that they lived out the hardships of the occupation. The Americans did nothing but loot our oil and kill our people."

Done with trying to operate in a war-torn country: Bechtel, whose board members have close ties to the administration of US President George W Bush, announced last week that it was done with trying to operate in the war-torn country. The company has received US$2.3 billion of Iraqi reconstruction funds and US taxpayer money, but is leaving without completing most of the tasks it set out to do.
On every level of infrastructure measurable, the situation in Iraq is worse now than under the rule of Saddam. That includes the 12 years of economic sanctions since the first Gulf War in 1991, a period that Dennis Halliday, former United Nations humanitarian coordinator for Iraq, described as "genocidal" for Iraqis.

The average household in Iraq now gets two hours of electricity a day. There is 70% unemployment, 68% of Iraqis have no access to safe drinking water, and only 19% have sewage access. Not even oil production has matched pre-invasion levels.
The security situation is hellish, with a recent study published in the prestigious British medical journal Lancet estimating 655,000 excess deaths in Iraq as a result of the invasion and occupation.

Of 180 proposed Clinics - four completed but none opened!
The group Medact recently said that easily treatable conditions such as diarrhoea and respiratory illness are causing 70% of all child deaths, and that "of the 180 health clinics the US hoped to build by the end of 2005, only four have been completed - and none opened".
A proposed $200 million project to build 142 primary-care centres ran out of cash after building just 20 clinics, a performance the World Health Organization described as "shocking".

Iraqis are complaining more loudly now than under the sanctions. Lack of electricity has led to increasing demand for gasoline to run generators. And gasoline is among the scarcest commodities in this oil-rich country. "We inherited an exhausted electricity system in generating stations and distributing nets, but we were able to supply 50% of consumer demand during heavy load periods, and more than that during ordinary days," an engineer with the Ministry of Electricity said. "The situation now is much worse, and it seems not to be improving despite the huge contracts signed with American companies. It is strange how billions of dollars spent on electricity brought no improvement whatsoever, but in fact worsened the situation."
The engineer said, "We in the ministry have not received any real equipment for our senior stations, and the small transformers for the distributing nets were of very low standard."

Bechtel's contract included reconstruction of water-treatment systems, electricity plants, sewage systems, airports and roads. Two former Iraqi electricity ministers were charged with corruption by the Iraqi Commission of Integrity set up under the occupation. One of them, Ayham al-Samarraii, was sentenced to gaol but was taken away by his US security guards. He insisted it was not he who looted the ministry's money.
Managers at water departments all over Iraq say the only repairs they managed were through UN offices and humanitarian-aid organizations. The ministry provided them with very little chlorine for water treatment. New projects were no more than simple maintenance moves that did little to halt collapsing infrastructure.

Fixed Fee Contracts sold, then resold again:
Bechtel was among the first companies, along with Halliburton - which US Vice President Dick Cheney once headed - to have received fixed-fee contracts drawn to guarantee profit. Ahmed al-Ani, who works with a major Iraqi construction contracting company, says the model Bechtel adopted was certain to fail. "They charged huge sums of money for the contracts they signed, then they sold them to smaller companies who resold them again to small, inexperienced Iraqi contractors," Ani said.
"These inexperienced contractors then had to execute the works badly because of the very low prices they got and the lack of experience."

Some Iraqi political analysts, rather optimistically, look at Bechtel's departure from a different angle. The beginning of the end of occupation? "I see the beginning of a US withdrawal from Iraq," Maki al-Nazzal said. "It started with Bechtel and Halliburton's propaganda, and might end with their fleeing from the field. They came with Bremer and introduced themselves as heroes and saviours who would bring prosperity to Iraq, but all they did was market US propaganda."
L Paul Bremer was the head of the Coalition Provisional Authority that ran Iraq after US forces toppled Saddam's government. President Bush told reporters on a visit to Iraq in June: "You can measure progress in megawatts of electricity delivered. You can measure progress in terms of oil sold on the market on behalf of the Iraqi people." Even by his standards, the position in Iraq is now much worse.

YAWN, YAWN: 50 YEARS OF TELEVISION

PORTION OF 'RELIGIOUS RIGHT' DESERTED BUSH THIS TIME ROUND

It would seem in the United States, 'White Christian evangelicals' remain overwhelmingly Republican, but about 30 per cent opted to vote for Democrats on Tuesday, an increase of six to 10 percentage points compared to previous elections, according to exit polls published in the US media.

The Democrats secured majorities in both houses of Congress for the first time since 1994, despite hopes among Republican strategists that "values voters" would help the party retain control of the national legislature. And contrary to forecasts that religious conservatives would stay away from the ballot booth, voter turnout resembled that of previous elections, the exit polls showed. Among Roman Catholics, already less inclined to lean right compared to evangelicals, Democrats won 54 per cent support in the pivotal state of Ohio, compared to just 32 per cent in the presidential contest two years earlier.

YES! YES! SECTION 59 OF CONSTITUTION REMAINS "IN ALL ITS GLORY"!

We have reported before that constitutional authority, Dr. Mitchell insists the Governor General does have important constitutional powers which the G-G's 'advisers' keep telling him he doesn't have!

South Australians Doug and Jean Holmes wrote to the Governor General after correspondence had been flowing between both parties on the partial sale of Telstra: The G-G had responded insisting he did not now have the constitutional power to refuse to sign the legislation.

Doug and Jean responded: "…If you as the Governor General always take the advice of the elected Government of the day, what does section 59 mean? We think it says that you have the power to go against the Government of the day in certain conditions. What if the Government does something which is against the Constitution, or against the wishes of the majority of the Australian people? What then? Are you also saying that Sir John Kerr, when he was in your position was wrong? Who did he take his advice from on that occasion?"

Doug and Jean then sent a copy of their correspondence to Dr. David Mitchell for comment. He replied:
"It is true that the Constitutional Commission 1988 recommended that sec.59 be repealed. That recommendation was not acted on. Thus sec.59 remains in 'all its glory'".

Australians need to have the 5-set DVD series "The Spirit of Australia's Constitution and History" by Dr. David Mitchell, BA., LL.B., Ph.D., LL.M. that was very successfully launched at the Albury National Weekend. It is essential we all understand the basic structure and concept of law underpinning our legal system and its historical roots. We are in very grave danger of losing sight of its philosophical and historical roots. Send for your set of DVDs to Heritage Books, P.O. Box 27, Happy Valley, South Australia 5159. Price including postage - $55.00 for the set of 5.