Category: General news

Mr Cameron Costello
Chair
Quandamooka Yoolooburrabee Aboriginal Corporation

8 June, 2014

Dear Cameron

I write to you and the board of QYAC on behalf of the FOSI committee and all our members to support the commencement, last Friday, of QYAC’s High Court challenge to the Newman government’s amendments to the 2011 North Stradbroke legislation.

FOSI confirms its strong opposition to the November 2013 amendments because they permit the further expansion of sand mining at the Enterprise mine by abolishing the 2011 restricted mine path and also allowing mining to extend into ML 1120. In addition, FOSI strongly opposes the Newman amendments because they are designed to permit, in 2019, sand mining leases at Enterprise mine to be extended again – until 2035.

As an environment group committed to the protection of the island’s landscape and its diverse flora and fauna, we applaud QYAC for its High Court challenge. We appreciate that, in addition to environmental concerns, QYAC is motivated by the need to protect the cultural heritage of all native title owners and their rights and interests over the land currently under mining lease.

We also are aware that, consistent with the Federal court orders of 4 July, 2011, the native title rights and interests are exercisable on the expiry of the mining leases. Any expansion or extension of sand mining beyond the restricted area or time limits legislated in April 2011 obviously substantially interferes with these rights and interests by degrading the land and/or postponing, for years, the rights and interests.

We realise that standing up to a State government is not an easy task. No doubt there will be critics. However, the 2011 extension was the result of special, legislated renewal of expired leases which bypassed usual processes and extinguished the pre-existing legal rights of organisations and individuals opposed to any renewal. Legal advice indicated that there were good prospects of overturning expired lease renewals under existing legislation. Rest assured that FOSI fully supports QYAC in its endeavor to have the High

Court declare the Newman government amendments to be invalid. FOSI agrees that there should be no further extension of the Enterprise mine beyond 31 December, 2019.

Yours sincerely,
Sue Ellen Carew
President

The theatre space at Queensland Multicultural Centre, BEMAC, took off last month as the Kone Express left the station with two thirds of the audience on the dance floor, glowing and grinning in sheer delight at the exuberance of the performance.

Bassidi Kone is a young man from Mali, who travels the world but manages to maintain an Australian outfit that play as the Kone Express whenever he is in town. Right now they are touring the country to take this infectious musical hybrid into the regions in a combination of workshops and performances.

Kone Express is a fusion of Western and African music with a beautiful tension between the structured rhythm of a drums, bass, guitar, keyboards and horns combo and the jembe, Balaphon and variety of drums from the three Africans on stage.

The fusion goes all the way through the performance weaving variable African rhythms through and over the square framework of the Western music. That gave the audience plenty of opportunity to dance wildly and wonderfully. Well that’s the way I like to think I looked.

Don’t rely on the fact that I had a great time, check out Kone Express on YouTube and form your own opinion. Even better, watch out for the dates in June and July and get yourself along for a night on the tiles. Just make sure you have your dancing shoes on and are ready to bust your best moves.

You will get plenty of opportunity.

Bassidi Kone is leading rhythm workshops at Kurilpa Hall in West End on Saturday June 29th

<caption>Bassidi Kone is a colourful character who inspires a diverse band

The Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC) will lodge a legal challenge in the High Court of Australia against the Newman Government’s amendment to the NSIPSA Act to extend mining without Quandamooka consent.

QYAC invites you to the lodgement that will occur 10:00 am tomorrow  Friday 6 June at the High Court located at:

Venue:
Tank St entrance
Harry Gibbs Commonwealth Law Courts Building
Cnr North Quay & Tank Street Brisbane

DETAILS:
The traditional owners of North Stradbroke Island – the Quandamooka people – will challenge the Queensland Government’s controversial North Stradbroke Island Protection and Sustainability and Another Act Amendment Act 2013 (Qld) in the High Court. The writ will be delivered by Quandamooka elders to the High Court’s Brisbane registry office at 10.30 tomorrow morning (Friday, 6 June), following a traditional ceremony and blessing.

Tomorrow’s event will also mark the start of the Quandamooka people’s Don’t Undermine our Rights community campaign, which will include events around the G20 meeting in Brisbane and campaigning in key seats during the 2015 State election campaign.

The proceeding of events from 10 am will be:

• An acknowledgement of Country
• Traditional Dance Group performance
• Elders blessing of the court documents
• Elders lodgement of documents to court registry
• QYAC and QSNTS media interviews

CPSA points out contradictions in Government’s new means test

“From 1 July 2014, aged care fees will change, but with just four weeks to go, the Department of Social Services and the My Aged Care helpline have failed to address a major anomaly in the aged care means test”, said Charmaine Crowe, Senior Advisor, Research & Advocacy.

“In the Government’s new double-dip means test, the money you need to pay for your accommodation charges is also counted in the calculation of your co-contribution towards your care fee. As a result, you’ll be asked to pay more for your accommodation and care than the Government’s own means test says you can afford.”

Let’s use the Government’s own example of Peter.[1] Peter enters a residential care facility on 10 July 2014. Peter has assets of $1,344,500 and an annual income of $65,000.

The Government works out his daily means-tested contribution (his capacity to pay) as $167.21 per day, of which $114.72 per day would go towards care costs. That leaves $52.49 for accommodation. Peter has high care needs so the full $114.72 goes towards his care costs.[2]

Except, Peter’s accommodation costs $100 per day. That brings Peter’s bill to $214.72 per day – $47.51 more than what he is means-tested as being able to pay.

“Despite CPSA’s best efforts over a period of months to get clarification, no one in the Department of Social Services or at the My Aged Care helpline could justify the new means test, except to say that people can negotiate a lower accommodation fee or apply for financial hardship.”

“However, in practice the cost of your care is worked out after you enter a nursing home, when you have signed on the dotted line and handed over the money to cover accommodation charges. Also, care costs typically increase over time due to higher needs. This means nursing home residents will risk eviction or downgrading of their accommodation over time.”

“This scenario won’t just apply to people with high wealth. It could potentially apply to any resident with assets over $199,179, which is a threshold easily crossed if you are single and sell your house on going into a nursing home.”

“CPSA calls on the Government to sort out this mess as a matter of urgency. Departmental and My Aged Care helpline staff at least need to be able to explain to people what they could expect to pay and how they will afford it.”

[1]Information Booklet on fees for home care packages and residential care:  http://www.dss.gov.au/our-responsibilities/ageing-and-aged-care/aged-care-reform/reforms-by-topic/information-booklet-on-fees-for-home-care-packages-and-residential-aged-care-for-people-entering-care p.19

[2] Peter won’t have to pay this care fee once he has paid $25,000 in care fees, which would happen after 217 days in care.

Queenslanders who benefit from concession payments will not suffer any reduction in payments as a result of cuts announced in the Federal Budget.

Premier Campbell Newman said the State Government had listened to Queenslanders’ concerns and will act.

“Pensioners and older Queenslanders have told us that they simply can’t wear the cost of filling the gap between Queensland’s increased contribution, and the Commonwealth Government’s concessions cuts and increased fees and taxes,” Mr Newman said.

“That’s why today I’m announcing that we’ve not only listened to Queenslanders, but we’ve acted, within the space of two days, to reinstate the full level of pensioner and senior concessions.

“Passing on part of the Commonwealth’s cuts to pensioner concessions is clearly not an acceptable outcome for Queenslanders.”

Mr Newman said the Commonwealth should be bearing the burden of these cuts, not Queenslanders.

“We will be continuing to send a clear message to the Commonwealth that Queenslanders won’t stand for these kinds of cuts,” he said.

Treasurer and Minister for Trade Tim Nicholls said the Newman Government was still considering the impact of Commonwealth decisions on our budget, but Queenslanders had put a strong case for the Government not to pass on the unexpected cuts delivered by the Commonwealth.

“It is the Commonwealth Government that’s caused this problem with pensioner cuts and increased charges.

“We’re very conscious of the ‘double whammy’ impact of the Federal Government’s changes to pensions and the removal of concessions funding,” Mr Nicholls said.

“So we will be looking at all opportunities to withhold and recoup funding from Commonwealth programs and initiatives that they ask States to contribute to from time to time, to make up for the shortfall they’ve created.”

The QCCL has welcomed the passing of legislation removing the need for unions to ballot members before embarking on campaigns.

This law was an entirely unjustified interference in the political activities of voluntary associations.

QCCL president Michael Cope says “We are surprised that the government has taken so long to realise that this law could not stand in the face of the decision of the High Court in the Unions NSW case.”

Members of Unions of employers and employees can control the expenditure by the Union of their dues by electing officials committed to their views as is the case in most other organisations in our society be it Rotary or your local football club. No cogent argument has been made to treat unions differently.

“Now that union membership is no longer compulsory members who object to the political activities of the Union can simply leave.”

The QCCL’s final objection to the law was that it imposed an entirely unjustifiable burden on one set of political actors, namely industrial organisations, which does not apply to other political actors, namely corporations.

Both industrial organisations and corporations are economic actors pursuing their economic interests in the economic market and the political market. The interests of shareholders and the members of industrial organisations are in this regard indistinguishable from one another. There is no reason why one set of individuals, that is members of industrial organisations, should have more rights than shareholders.

Mr Cope said “In short, the legislation, far from being a blow for freedom of speech and freedom of association, was in fact quite the opposite.”