Life Changing Injury

Tuesday, June 13, 2006

Always an inquiry

Sometimes, I could almost like Rob Hulls. He’s a little confused about the details and repercussions but he does seem to be trying. He is an idealist being pushed around by ideologues though. And that makes for bad – if not just plain lazy – governing.
The newspaper is a sort of dialogue between stories. Sometimes, you can almost hear the subjects of the articles talking to themselves, and each other...

This strikes me as too little too late, Mr Hulls, but here is a good starting point:

Victorian democracy will be examined a the State Library of Victoria’s new exhibition, “Naked Democracy: Governing Victoria 1856-2006” looks at 150 years of self-governance. It explores the right to vote, the right to shop, the idea that democracy is good for us and asks, “Does it work and was it always this way?” In the Keith Murdoch Gallery, Entry 1, 328 Swanson St, Melbourne CBD -- from the Herald Sun 13 Jun 2006


Victorian Attorney-General Rob Hulls has ordered an inquiry into the best form of compulsory education following criticism the courts did not reflect community expectations.
He has reportedly asked Victorian Crown Counsel John Lynch to make recommendations to the Government this year following a review of similar systems interstate and overseas.
Mr Hulls said continued professional development would help judicial officers respond to community expectations.
"The Bracks government is committed to modernising the legal system," he said in the Herald Sun. "Putting in place a formal system of education and training for judges, magistrates and tribunal members is a central part of this."

He wants an inquiry? That’s laughable. All that means is Mr Hulls knows there’s problem and hopes everyone will forget the inquiry before he has to do anything about the appalling legal system.
Hey, I can give him the names of about 120,000 men and women across Australia that have faced Intervention Orders (DVOs or AVOs) and the Family Courts who will save him the cost of an inquiry.
When the Justice Department and courts accept a system blatantly and notoriously based on perjury, it’s time to fix something.

Victorian democracy examined

Hulls could send the magistrates to the State Library. It’s a free exhibit. From what I’ve seen, the magistrates, police, 000 operators, courthouse clerks and bailiffs, and Victorian Legal Aid all need it.
The answer is simple enough: the magistrates need it; and so do a lot of other people in public and public-funded offices.

Maybe they can start with the principles of Democracy in representative government? Little things., you know, -- like equal protection under the law? Your magistrates don’t seem to have much of a handle on that sort of thing.
Little things, like denying a person freedom of speech and association?... the right to freedom of movement? … the right to property? You see, Mr Hulls, courts in a democracy do not restrict those rights on the basis of gossip. Those are the things a government uses to punish people who are convicted and guilty of serious crimes.
It is not the function of a democratic government to withdraw such rights without good reason. The assumption of guilt built into the Victorian legal system is not good reason. Is that simple enough, Mr Hulls?

Educating the Magistrates?

Now, a reasonable person would expect that magistrates who hold such power would take it on themselves, based on the concept of Duty of Care, to educate themselves. Why do these magistrates need to be forced to education?
Do you think educating the magistrates on the little things the rest of the system doesn’t know how to do will help really?

A talent for excuses

A couple of years ago, I went by a local school crossing. There were buses on either side, so I slowed down. Just as I passed the bus on the left, the crossing guard loosed the kids in front of my car. Bikes and kids spun out from behind the bus and nearly ran into my car!
So I called the local council to complain.
The guy on the phone was amazing! He had nothing but excuses for the crossing guard, and condescension for me - despite not having any knowledge of the incident other than my call.
I said, “Look, even though I’d just come through a roundabout and was doing about 40k’s, I almost hit some of those kids.”
I finally got angry and told him I had no axe to grind; I had no kids at the school; and I had no idea who the crossing guard was. I was simply reporting an irresponsible incident because I didn’t want to collect a couple of kids as hood ornaments.
(In the words of Bugs Bunny: "What an ultra maroon!")
Wasn’t this sort of thing the council’s responsibility? I was exasperated and just hung up.
Seems the best skill a politician, or abuser, needs is to be able to make someone else responsible. Plausible deniability – also known as “psychopathic.”

What’s really happening here is that Mr Hulls and his always-excuses Justice Department is trying to find plausible deniability. Thousands of ordinary people have been wronged by magistrates who are ideologues or just plain lazy. But only following the lead of Hulls Justice Department really. If Hulls Justice Department hides from its responsibilities for oversight, the magistrates will play with people like old toys – and they do!

Opposition spokesman Andrew McIntosh, the shadow AG, says the plan by Mr Hulls will have no practical effect.


Of course not! Hulls ia engineering a legal system that depends on coached perjury, and allows itself to be used for extortion. Hulls departments use every excuse they can to avoid actually having to perform oversight. Practical effect? – That’s gonna be the best joke in the judges chambers.
These magistrates will take the state’s money and do gardening classes. (You don’t expect them to pay for professional development themselves, do you??)
The joke goes on and on. In a story about mandatory sentencing, Mr McIntosh says, “If there are concerns about the appropriateness of sentences, it is the obligation of the Attorney-General to ensure the community expectations are being met.”
He really hasn’t been watching the Hulls Justice Department too closely. Hulls’ Justice Department isn’t interested in reports of real crimes – extortion, burglary, assault, and abuse of the disabled – when they conflict with ideologies. (I have the letters right here on my desk.)

In place of oversight, Mr Hulls simply passes on the responsibility to the judges, ..
"That's not where Labor is in Victoria. We are firmly of the view that judicial discretion is absolutely crucial." (Rob Hulls, Judge school plan leaves critics cold, Herald Sun, 13 Jun. 06)


So far, Mr Hulls, your magistrates don’t seem to understand democracy. How can they be trusted with discretion? But then, that is the policy of your Justice Department, isn’t it? If the Justice Department won’t do oversight…
I guess there is always another inquiry...

2 Comments:

  • Hulls judges can start with this study:


    Male and Female Assault Rates
    Our first hypothesis is that men are significantly more likely to physically assault their partners than vice-versa.

    Men and women report approximately equal rates of being assaulted by their partner, for all three types of assault we asked about. These results are in line with American data, which also show no significant differences.

    Moreover, the summary measure of experiencing any of these forms of assault also fails to reveal a preponderance of assaults on women:
    4.7% of the sample reported being assaulted in some way during the last 12 months;
    5.7% of men and 3.7% of women.

    This remains an unacceptably high rate of domestic violence, although it is not quite the “War on Women” referred to in the media (e.g. The Age, June 4, 1993).

    In addition to asking about actual violence, the survey also asked about threats and feelings of intimidation.

    Similar percentages of men and women—5.7% and 6.0%— reported that their partner had threatened “to slap, hit or attack” them, but more women
    (7.6%) than men (4.0%) said they felt “frightened and intimidated”.
    This latter difference was significant and indeed was the only statistically significant gender difference in domestic violence.
    Although men report slightly higher rates of being assaulted than women, the difference is not significant.

    By Anonymous Anonymous, at 8:08 PM  

  • Just about the time I was saying I like Hulls' support of the Charter of Rights, the reality comes out.
    Seems Mr Hulls will try to give Victorians a higher guarantee of rights, but only if they can take the case to the Australian Supreme Court to defend them!
    As the commentator pointed out, a Supreme Court case costs a minimum of $100,000. That means the average Australian won't see those rights. --PD

    By Blogger Unknown, at 11:51 AM  

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