🐦✍Legislation matters….and Legislation matters.
After some concerted discussions and calls, we are still not as informed as we had hoped to be by this hour. We can offer only a just little more insight into the CDC legislation impacts than we already have. This is because, despite numerous calls it appears no one in Canberra, yet, is really quite sure about too many things we needed to ask and wanted to inform you about and the Department could not be contacted.
We can give you a better generic rounding of what the legislation means for us and you ongoing though. This is a long post, but I hope, worth it too.
Begining with the issue of legislative instruments, which is a fancy word for ” brake” where government is obliged legally, to pause and define what perimeters are going to be put in place in a trial, what form they will take, and nominate how long they will be put in place. A ‘legislative instrument’ may require government to present to parliament, a new bill in this case, or a new motion for continuance as we saw in Ceduna’s case, one that will authorise them under law to continue whatever program or policy they wish to continue.
The other technicality in the CDC legislation at work today, is the “disallowance motion”, which is the ONLY parliamentary procedure available within this process that could allow for an immediate halt to the CDC program. As you saw how this works this week, a member puts forward the motion, everyone votes aye or nay. As we saw specifically, LNP, ALP and NXT and other cross-benches voted NO so the motion was defeated. The motion to end CDC trials was not carried yet had they ( ALP NXT and cross bench) supported it, we would not need to be here today at all, having to prepare, yet again, to defend our rights families and our lives.
There are problems inherent with reliance on these two measures, as conditions for a legislative instrument, beyond just defined terms, does not have to be fully articulated PRIOR to any program roll out – as we see in Goldfields trial information available right now. These are often put in place afterwards, though whether or not they are going to be put in at all, is a question that has to be answered at the time of presenting any new Bill. Which they have said ‘ yes it will be’. If they are articulated before hand with clauses such as ‘community consent must be present etc..then that is the best way to conrtol any roll out in any immediate sense.We will go into that on our ‘self defence is an action’ post.
The biggest problem with these instruments is just as you have seen in this cycle, Government can, as it only just has, just arbitrarily, and ignoring all evidence, declare all on its own that a program is a ‘success’ without any legal recourse to force them to consider evidence before them. They can represent their ‘Fact’ as the only and true fact and simply ignore any other peoples facts and the reality existent.
We on the other hand, are obliged at that point, to rely upon the the willingness, good character, political skill, integrity and committed effort of those in opposition and cross bench positions, to speak for us and more importantly ACT in our defence in a united manner with all other opposition groups. As you have seen, party politics and personalities tends to thwart that as do decietful backroom deals.
As we have all just experienced, this set up of the instrument and the motion has its good points and bad, but ultimately, it still leaves us at their mercy, and leaves the advancement of any programs, open to an incredibly artificial dissociated process and dis-empowering levels of ignorance, and procedural manipulation ( ie: LNP sacking the Senate deck by buying off the swinging voters and using delay tactics to get numbers).
It is an immature and largely unregulated system we have, for all its often petty showcasing and performance procedures. Yet it’s all right now, that we’ve got. WE must become more politically literate about what is. Before we can change it to something better later.
You can go and see the definition of the current legislative instrument in the CDC Bill here, under “Part 1 Key Provisions”; ” Use of Legislative Instruments’: https://goo.gl/86mQKb – but please note this page obviously, has not been updated for some time, we await the government.
And please do read the LNP Amendment’s just approved here: https://saynoseven.wordpress.com/2018/02/10/claiming-a-victory-and-examining-the-lnp-proposed-amendments-to-the-2017-cdc-bill-a-long-post/
The need to self educate or ask questions is strong in the Rabble Alliance 😉
To date, we can confirm that the existing trial sites still have THEIR individual “instruments” in place as they were before, nothing new there for this next 12 months. You can see the definition of each sites limits and measures on the Department’s web page. The Goldfields instrument we hope and suspect will rolled out formally shortly as well as a better defining of local perimeters than what is there to see. See the Departments pages for those too.
The reason we are back here today still fighting is because the LNP have openly declared war on us in media today, their intention for a national roll out at the end of the 2019 Current “trial” is abundantly clear.
Having seen and lived the flaws in the system this week and thanks to NXT and Hinch, having no stipulated evaluation requirement OR transition program mid year for ending the trial (transition) process, either the LNP are just going to dump the bureaucratic bundle of needing to transition people off the trial into the laps of public servants overnight on July 1 2019 and end this mess – with all the chaos socially and logistically that they belated about in Senate this week that doing that will likely entail – or, they must be pressed to come clean, step out of their closet, and admit to us all, right now they have no intention of actually conducting an investigative accountable trial at all; that this concept of “trial” is just another media weasel word, and a farce to get the general public to sing along and ignorantly follow quietly as they’re fellows are reduced to economic serfs.
We hold this is the case now, that this is their plan, and that by action and inaction ongoing, the LNP will prove this themselves and so prove that they have lied openly and directly to the entire nation that this CDC program is in any way conceivably a “trial” program at all. They themselves will openly demonstrate that they haven’t had and do not have the interests of PEOPLE as a priority in their program deployments.
And they don’t and won’t of course willing admit that, but the reality that this is the outcome, is already visible right now and we must make them admit it. It is not OUR economic waste they are concerned about right now…it is admitting they were wrong and that THEY have wasted too much money, to stop now. We know this from sources within their own ranks. We already have eyes and ears everywhere and we know these roll outs have nothing to do with us….and everything to do with the LNP economic record that will hopefully for us, see them gone at the next election and for a very long time afterwards.
It remains, that all they need to do under current legislative requirements now, is come to parliament any time before June 2019, with a new Bill for continuance and request for further expansion and without any evidence whatsoever, declare it was a successful trial. There is under legislation at this time, NO lawful requirement for the LNP to even genuinely provide any proof of any claims they make, or even to listen except via forced senate inquiry (as we had this time) to any contrary evidence to those claims. And we saw, in the end they didn’t even reads ‘our stuff’….so we know how useful that process was to them, even though it had major benefits to awareness raising and knock on, to outcomes over all.
They are *furious* they ‘lost’ Hinkler this cycle and in sheer spite, are activly targeting them and local services again even now. They know we know this has nothing to do with trials, we have had documents on printed Indue cards exceeding 800,000 cards for a year now. If it is just a trial to see if it workds..why waste taxpayer money in that effort? They expected NO resistance or limited easily dismissed resistance. We must be FURIOUS in ours ongoing.
Reality is, they can, tand will if we do not remain on the fields, too simply, be empowered to enact CDC as a program fit for deployment ( which is kind of like being found fit for work in the middle of open heart surgery) and just roll out the program nationally – subject to any horse trading provisions which will determine your new rights under law this year, and inform you what amount of human dignity you can claim from within the box of dignities they will permit you to have, while enduring the indignities thrust upon you.
And, this is exactly what faces us until 2019. They have themselves made this abundantly clear today, they want is all on it, and now Senators like Adolf2.0 are openly challenging even the validity of the aged pension now – temperature taking for the LNP, we know that that 800,000 cards were just the first installement. Yes, they will do just that, if we do not stop them now.
Yet all is not lost. This past week we have gained some much needed time and concessions. We – meaning all opposition to CDC wherever they are from or however they asserted it or what sphere they are in doing their oposong. We all have quietly but literally forced a federal sitting government to add amendments to a multi billion dollar bill…against THEIR will..and then we underlined it by defeating them on their home turf in Hinkler Electorate as well. Ladies n gents……we’re so fkn bad*ss!
Because of all this opposition, the Bill just passed DOES require that government limit, that is time, and an empowering notice to al community members this CAN be feated. They also DO require a new Bill be presented to parliament before continuing the CDC program or advancing this policy at the also enforced stated end date of June 2019.
That gives us notice of what they are up to and had the Bill gone through as written, it wasn’t going to be restricted as it was.This means, all our efforts even blunderingalong, MATTERED, and it says that we DO have a power to impact their decision making wether THEY like it or not! Whatever THEY do, ultimately it will be what WE can do that will impact the public discourse and the overarching narrative on the CDC not them not THEIR media. We ARE the media.
These legislative instruments and motions as requirement give us time again, to see exactly what they are up to and to mount credible resistance as we have this time. And we go into that a second time in 2019, better resourced, more informed, more allied and more allies more willing to work together. We know the process now so will be more ABLE to mount a resistance far more effectively than we have been this year.
We need alert eyes EVERYWHERE watching out for any move in parliament or media ‘drops’ that inform us better where they are at. While we continue to support and document current trial’s and the peoples lived experiences,actively BDS and other resistance efforts, people do need to remain acutely alert to this tactical skulduggery of the LNP and be ready to spot the dirty tricks in parliament, in media and call them out where they exist. We calling on people to standup for themselves. DO what YOU can. And our people again need to prepare themselves to fight this again, just as we have this time, all over again, and sooner than you think!
Before anyone makes judgement or assumption of the cynicism about the peoples relationship to governement unmasked in my words, I would ask them to go watch the proceedings for themselves; go read all of the submissions to the inquiry that were ignored, learn about the CDC’s history and watch what happened this past week on you tube, and inform us mere plebs just how we as lay people, are meant to apply any genuine informed trust to those that see fit to lead us – at all – in a broken system that is so corrupted by sponsor money and so influenced by individual party needs and desires, it simply ” dismisses” both us, and the evidence put to them by some of the most reputable and leading body’s and organizations in Australia?
This is not the first time that this utter dismissal of the voice of the Australian people has occurred in the last 12 months either! We know there are ‘god people’ in government. We do not discount that, we support them too, we are just aware they too are subject to the same broken system, and the already understand what we are saying here.
Australian taxpaying voters and citizens, are being harmed right now, by their own governments unfit policy, in what is can only be considered, given the number of suicides over the past 13 years of active forced income management policy, an act of social cleansing, at best. Right now there is simply nothing in law, to compel those doing the harming, to stop or to even consider any evidence that defines this harm presented to them at all. We cannot afford to ignore historical precedents though we should not get bogged down in them, hope courage and strength lives here.
If we are to find any permanent justice at all as centrelink recipients as 2019 approaches, we must remind community members, we ARE contributing community members too, and we either continue to fight, with or without added community support; find a way and means to exempt from trials – while those exemptions are accessible and continue to exist in the legislation – or we fight on alone.
We already know that to mount any legal challenge, we would have to mount that challenge against a gigantic wall of cashed up opposition, well positioned within society, and capable of dragging such a challenge out for decades.None of us are up for that fiscally or psychlogically at this time.
And before you say UN and Human rights etc….The LNP have already simply dismissed the Human Rights Commission 3 reports, two of which THEY commissioned themselves, which stated categorically, both the legislation, the STATEMENT OF COMPATIBILITY *and* the proposed Bill just passed DO NOT MEET HUMAN RIGHTS STANDARDS.
How much more clear can they be? How much more obligated must we make this government to listen to them? At what point do we seek external help? At what point must the wider community do ITS part and stand WITH us if only for their own sakes? In the UK over 120 t h o u s a n d people have died since the start of welfare ‘reform’ there. How many have died in the intervention here? How many more are and will?
Yet, government has simply dismissed even those reports along with the rest of us and is resting on it’s dismissive and insufficient “comparability with human rights statement” which no one in opposition but a rare couragous few have even taken to them. The HRC can only say ‘ it’s not meeting standards dont roll it out’. They have no power to do more. So then, how can our human rights be upheld in any way if no one in positions of power in this country, even takes our legal right to human rights protections seriously? It’s not about quibbling over what those rights even are either. Our legal RIGHT to those protections and the obligation of this government to respect those rights, that is what has been ignored.
The answer to that good peoples….is WE must uphold them of course, for ourselves and for our friends and even for ass-hats who are not our friends. We must demand their political legal protection and keep demanding or as someone has already noticed here…we will be refugees within our own country.
There are little hopes for the future. In fact there are LOTS of little hopes. And in this last cycle, we have learned and hopefully shown you where they exist and how they can be shaped into meaningful responses.
As Hinkler joins Halls Gap, Moree, Geraldton and Port Heldland in defiance against CDC roll outs in their regions, we know, ongoing, the more that all those little balls of hope mush together somehow to work respectfully together each in their own way doing their bit beyond party and cultural boundaries and beyond personal self interest or at least, with enlightened self interest, eventually there WILL be a huge big ball of hope vomit to spew at them they will be UNABLE to ignore.
That ball is already growing and the conversation on CDC has already moved out of cloistered back room secret meetings into the public ear and across all spheres of community – with all that entails, good and bad. Roof raising, awareness raising, has been immensely useful, though the ACTIONS of the few, have been even more impacting. The empowerment of the individual voice of so many PEOPLE, in this effort has been simply amazing to observe, just in the last year alone.
Our leaders need and needed reminding, that they are, and are ‘just’, OUR public servants, with limited authority held within spefici laws, under this , OUR social democratic society. They are not paid preferential appointees of a dictatorship. It right and justice that they should fear US and our anger, not the other way around. We may have all been tired and forgotten that..but we are here now remembering it.
Our leaders govern, they have no right to judge us and even then only temporarily, they are not kings and they do not rule. We are citizens, not serfs. If still others are cranky about paying their taxes for ‘social welfare’ then THEY can move, to a society or a nation that has no such taxes to bother them, or any consideration for common sense, the cost of poverty to all of us, much less the desire to increase the common wealth of its own people. They can go to a place where tax doesn’t exist like the Cayman islands, but they simply do not have the right to undermine OUR society and its rule of law and undermine its protective structures, for their personal gain.
Despite all our fears of ‘inevitability’. They are just that, fears, and there are lots of practical and completely ridiculous things we can do to take our message and our actions further. Both within and outside the halls and walls of power, there are many important things we can do before the trial end date to help ourselves and those in sites now.
We will prioritize, some, of those publicly, and lay them out in another post…hopefully not as long as this war and peace tonight..myh apology, but please, do stay hopeful that we can beat this, that we can at the very least, impact and change things for the better. We already have made an astounding difference and our efforts have not gone unnoticed.