Issue 817
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Dick Smith, daughter Hayley Baillie, who graduated with a BA, and wife Pip Smith. |
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Head of the Law School, Richard Harris, Bachelor of Law graduate and University Medal winner, Jeffrey Sewell, of Sydney, and Justice Michael Kirby. |
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Barbara Chapman of Lismore Heights, with sons Grant Chapman of Brisbane, who graduated with a BA, and Matt Chapman of Goonellabah. They are the family of former SCU academic and first grade footballer, the late Darrel Chapman. |
Amongst the 800 former students at Southern Cross University's graduations last Friday and Saturday were some of Australia's most prominent citizens, including High Court Justice Michael Kirby, entrepreneur Dick Smith, natural products pioneer (and international yachtsman) Marcus Blackmore and former NSW Education Minister, Virginia Chadwick, who officially opened SCU eight years ago.
Justice Michael Kirby, one of only seven justices of the High Court of Australia in Canberra, addressed Law and Justice and Multimedia and Information Technology graduates, while businessman and aviation expert Dick Smith flew his family up in his helicopter to see his daughter, Hayley Baillie, receive her Bachelor of Arts degree, specialising in media.
In his address to graduates, Justice Kirby regretted the lack of media coverage of the High Court and 'important decisions affecting the Constitution, the common law, and the principles by which we live'.
He said the High Court was 'fighting back', and now placed its decisions on the Internet within 10 minutes of delivery.
Justice Kirby, a strong supporter of human rights whose numerous awards include the UNESCO Prize for Human Rights, is also an advocate of equal opportunity and a staunch supporter of regional universities.
'I support regional and new universities and their law schools,' he said. 'Every year I recruit my Associates according to principals of equal opportunity, but other things being equal, I will favour appointees from outside the Sydney/Melbourne axis,' he said.
He hoped to recruit a graduate from Southern Cross University, 'before I hang up my robe for the last time, or appeal to the High Court in the sky'.
A degree was not a ticket to a high income, and with privileges came duties, Justice Kirby told graduates. He urged them: 'Always remember the disadvantaged. Practice equal opportunity. Rid your minds of unfounded prejudice. Be the vanguard of a better, juster and more compassionate society.'
He also noted that of the seven judges of the High Court, none had parents who had been to university.
Addressing nursing and naturopathy graduates, Marcus Blackmore noted that the only life regret of his father, a naturopathy pioneer who died in 1977, was he had not lived long enough to see the discipline become a profession involving university-level study.
He noted that in an age of enhanced communications, 'Those in the healing professions will be treating patients who know much more about their 'dis-ease' than any of their predecessors.'
I thank the Chancellor and the members of the University for inviting me to participate in this graduation ceremony.
This is my first visit to the University, although the fame of its School of Law and Justice is well established. I am proud to be associated, on the editorial board of the Criminal Law Journal, with Professor Stanley Yeo, a world respected expert in criminal law. I have enjoyed frequent association with Professor Brian Fitzgerald, also with a global reputation on the interface of law and information science. Professor Fitzgerald and Richard Harris have kept me informed of the law programme of this University. They and other members of the Faculty are welcome guests at the High Court in Canberra.
I support regional and new universities and their law schools. Every year I recruit my Associates according to principles of equal opportunity. But other things being equal, I will favour appointees from outside the Sydney/Melbourne axis. At the moment, my male Associate, Mr Bruce Leishman, is a graduate from Murdoch University in Western Australia. My female Associate, Ms Elisa Arcioni, is a graduate from the University of Wollongong. Both of them are the first graduates from their universities to be appointed as High Court Associates. This is a sign of the coming tide of talent. In today's world, it is ability that matters. Our inter-connections are on the Internet, not in the Old Boy network. I have had some excellent applications for appointment as Associates from Southern Cross University. Before I hang up my robe for the last time, or appeal to the High Court in the sky, I hope to recruit a graduate of this University. You can be proud of the achievements of your University. They come together on an occasion such as this. You are all permitted a moment of pride and self-satisfaction.
An occasional speaker is obliged to say a few things. But the speech must be short. And that presents terrible difficulties for a lawyer, and especially a judge.
I must not only congratulate the graduates but also their families and friends who supported them on their journey to this moment. For most people, a university degree or diploma is a family effort. For many who are graduating, this will be a first such ceremony for your family. Of the present Justices of the High Court none was the child of a university graduate. This is a strength of Australia. Education, including higher education, belongs as of right to all who have the ability.
Think, at this moment of success, on those who are less fortunate. Consider your first class in kindergarten or primary school. How many of those who sat in that classroom have made it to a graduation ceremony like this? You know that you are no better than the others. Indeed, the prize of education imposes upon you the obligation to remember those who have no degrees. A degree is not just a ticket to a high income. With privileges in life come duties. Always remember the disadvantaged. Practise equal opportunity. Rid your minds of unfounded prejudice. Be the vanguard of a better, juster and more compassionate society.
Never forget that, in this University the legal faculty is called the School of Law and Justice. Those added words "and Justice" carry with them a challenge. Law is not enough. Justice is the banner under which all Australians should walk. Justice for women. Justice for children. Justice for the old. Justice for indigenous Australians. Justice for other people of colour. Justice for gays and lesbians. Justice for refugees. Justice for all good people. Not just for the rich, the popular or the majority. Justice for all.
This ceremony involves graduates from two Schools within the Division of Arts. Not only the School of Law and Justice but also the School of Multimedia and Information Technology. It is a natural combination. Information technology has produced amazing advances during my lifetime. It has the potential to reinforce law and to strengthen justice.
For example, it is now more difficult to hide the wicked acts of oppressors, the cruelty of war, the deceitfulness of leaders and the abuses of human rights that once were hidden because we simply did not know. In a real sense, the fall of the Berlin Wall was a result of the new technology. It became impossible to closet millions of people behind a physical wall that was so easily penetrated by informatics. So it is with the remaining autocratic societies or unjust laws at home. As more young people gain access to the Internet, it will become impossible to control their minds by the means of the past. The explosion of modern media also represents a healthy antidote to the controlling power of the press barons of the past. We must ensure that it remains that way. Diversity of opinion defends freedom.
It may well change in the future that will be shaped and created by the graduates who leave this ceremony today. But it remains true today that most Australians receive their knowledge of the world, of their country and local community, from the national daily newspapers and the television and radio outlets that dominate the provision of news. These are the major sources of information and opinion for most of us. They are therefore the outlets that provide the data upon which the representative democracy, established by the Australian Constitution, operates in practice.
Yet in the High Court in Canberra, I watch the lack of attention to the decisions of the Court. My reaction is not one of hurt feelings. As a judge of nearly thirty years, I am beyond that. But if your job is that of upholding the Constitution, inevitably you spend a great deal of your time with that document. Reading it. Reading between the lines. Thinking about its meaning and operation. Considering how its brief language can operate with law and justice for all Australians in the age of cyberspace.
The representative democracy of our Constitution is not confined to a ceremonial visit of electors to the ballot box each triennium. As I read the Constitution, it envisages a system of government with all power deriving ultimately from the people. It therefore contemplates an informed electorate that has the means to keep in touch with important events that concern the government of the country.
In Australia, government is performed, for the most part, in Parliament, in the ministries or in the bureaucracy. But important questions affecting the Constitution, the common law and the principles by which we live together are also handed down every other week in Canberra. With few exceptions, these important decisions of the High Court sink without trace. Last year, the American trial of Timothy McVeigh attracted hugely more attention in the Australian media than any of the decisions of our courts, including the High Court. The global dimension of multimedia and information technology has meant that, in large part, we have become a segment of the media of the United States. We should resist this tendency. The United States is a different society with different values. We have our own stories. Some of them, quite interesting and important, are found in the decisions of the courts.
A few years back several of the major news outlets employed dedicated journalists who covered accurately the decisions of the High Court. Today, virtually no newspaper and no television network has such a special correspondent. The result is that the news coverage of the third branch of government in Australia is largely handed over to political correspondents based in Canberra. When, occasionally, they glance down the hill from Parliament House to the High Court, they do not adjust their spectacles. All too often they think that our work can be reduced to the banalities of personality conflicts. The hard yards of understanding, analysing and constructively criticising the decisions of the High Court are, it seems, often beyond the interest or talent of the Australian media.
To some extent, the blame for this neglect must be shared by judges themselves. Their reasons are detailed. They make few concessions to easy communication. They are in writing, not oral. There are no summaries. No interviews. No press conferences. No "angles" or "spins". Decisions tend to come down together, often in large numbers. It is all too difficult to digest and communicate them. Perhaps the journalists are afraid of making mistakes. Perhaps it is easier to use emailed press releases from others to meet the deadlines and grab a byline.
Should our courts make it easier, so as to reach out, through modern technology, to the people whom they serve? Should our highest court, like the Supreme Court of Canada, approve a dedicated television channel which covers the arguments and decisions of the top judges? Should the High Court provide summaries of its decisions so as to encourage more and accurate coverage of its important cases? Would that attempt make any difference in a news media increasingly dedicated to conflict, mixing fact and opinion and pandering to the views of puffed up individuals?
The Supreme Court of the United States has resisted television cameras in court. Even when Bush v Gore was argued, the cameras stayed outside in the snow. But the Supreme Court judges in Washington in 1973 appointed a public information officer. In his recent autobiography, the first such officer-holder has revealed his often discouraging experience . With some exceptions, journalists were as unaware as most citizens of how the apex court functioned. Most were just not interested to cover the actual work of the court. They wanted information, often trivial, on the habits of the Justices. Is there a risk in engaging such a person - that their presence will encourage more personality coverage rather than more substance? Personality and entertainment rule. All too often Hollywood trumps law and justice. In America, Judge Judy is the nation's highest judge. In Australia perhaps it is the League Judiciary. If you read or watch the Australian media there is probably more coverage of that judicial organ than of the nation's constitutional court.
Does it matter? Is it a happy land that knows nothing, and cares less, about the decisions of the third branch of its government? Now, the High Court is fighting back. Its decisions are on the Internet within ten minutes of delivery. They reach out directly to all citizens who are interested. Yet the moulders of opinion and the manipulators of power could not, it seems, care less. The decisions, big and small, mostly sink like stones - without trace.
If our concern, as judges and citizens, is with law and justice, we must make sure that information technology is more than a medium of entertainment. But can the tide be turned? Can the courts bring their important doings into the homes of the nation? Can multimedia and information technology come to the rescue of law and justice? Or is the new technology the ultimate nemesis of the judges, condemning us to the irrelevancy of trivia whilst the truly important things grab headlines and sell media space and time?
It is good that at this University these two Schools should graduate together. The future of democracy in Australia and everywhere else depends upon the way in which each serves the community. If law serves only the rich and media and its technology are the new opiate of the poor, civilisation will be in danger. But if law serves justice and if media helps to bring law and justice to all people, civilisation will be advanced.
The choice will depend, in large part, upon the graduates whom we send forth today. May their journeys be fruitful. May their lives be crowded with happiness and a sense of purpose that comes with their degrees. May they bring their skills, old and new, to the benefit of all citizens and enrich our representative democracy with choice, diversity and knowledge.
The Alstonville Anglican Parish fete is on this Saturday, May 4, from 8am-1pm in the Parish Centre on Daley Street.
The fair offers something for everyone with a jumping castle, prizes for the best-decorated bikes and a prize for the most loved teddy for the little kids and stalls, craft, books, plants and short plays for the big kids.
The upper level of a two-storey house in McKenzie St, Lismore, was destroyed in a fire early on Wednesday morning.
No-one was hurt, but the blaze is being treated as suspicious and investigations are continuing.
Police are also investigating another fire, this time in a two-bedroom unit in Cypress Street, Evans Head on Wednesday evening. Police say the major damage was contained to the front lounge room. The fire broke out shortly after 6pm and man living in the house was treated for smoke inhalation at the scene. Police plan to speak to a number of people about the incident.
Hazelton air services in Lismore and Ballina will continue following a meeting creditors on Monday which voted to extend the Deed of Company Arrangement with administrator Michael Humphris.
Talks are continuing with two prospective buyers of the airline, who are looking at merging it with another former Ansett subsidiary, Kendell Airlines.
A 50-year-old Rosebank man drowned on Saturday at Suffolk Park.
Robin Smith was pulled unconscious from the surf at around 10am and despite the resuscitation efforts of ambulance officers and rescuers, did not recover.
More than 60 workers at the Norco Icecream factory were evacuated at around 6.30am on Tuesday after a gas leak on the site. Two workers were taken to Lismore Hospital for treatment after suffering from ammonia inhalation and were later released. Fire brigade officers say the leak occurred in a pipe on the first floor. The factory was closed for around 4.5 hours while the ammonia gas was dispersed.
Local surgery remains largely unaffected this week, despite the collapse of medical indemnity insurer United Medical Protection this week.
While some operations at St Vincents Hospital were cancelled on Tuesday, Lismore Base Hospital was unaffected.
Local GP Dr Andrew Binns said that while the situation was serious there was no need to panic just yet.
'GPs are generally very concerned and anxious about the situation, but thankfully doctors in general practice don't seem to be affected. The work we do doesn't carry the same risk as neurosurgery or obstetrics so the pressure isn't so great,' Dr Binns said.
'Having said that I think there are two big issues: whether we have appropriate medical indemnity cover right now and from the government we need a reassurance that things will be secure at end of June. The other main issue is reforming a system that is clearly breaking down. Urgent reform is needed to alleviate further problems in this area so the pressure is on our political leaders to sort all this out. It's a huge challenge for them to find answers.'
However Page MP Ian Causley was quick to blame the NSW government. 'The Prime Minister stated quite clearly that the Federal Government would guarantee indemnity for doctors who cannot get insurance,' he said. 'Common law is the responsibility of the states so it is now up to the NSW government to get serious about this issue and introduce urgent legislation to reform the system.'
In Evans Head, Health Minister Craig Knowles saw it the other way around, saying the Federal Government had to act. A number of rural doctors signed a contract with the NSW Dept of Health this week to provide them with retrospective indemnity cover for treating public patients in public hospitals. The deadline for the agreement was Tuesday.
Rural doctors now want the federal Government to offer a similar deal for private patients.
But while the state and federal governments bickered, Dr Binns said that locals had little to worry about at the moment.
'Whilst procedural specialists are watching the situation very closely, there haven't been any serious disruption locally, but some cases were cancelled at St Vincent's on Tuesday. It's a big, big problem and we have to watch how things evolve,' Dr Binns said.
'Doctors want a total overhaul and reform of the current system. It's not only the size of claims. There is a whole lot of other issues as well. It's an absolute mess. Otherwise a very good and high standard of health care will be jeopardised and the borne by the whole community.'
To celebrate the sixth birthday of the Tender Center manager Brent Crysell is giving away 1000 native trees this weekend.
A 20 foot papier-mache clown, a stuffed peacock and a coffin are just three of the items the Lismore Tender Center has had through its doors during its six years of operation.
The Tender Centre celebrates its sixth birthday this weekend and to celebrate manager Brent Crysell is giving away 1000 native trees.
'We've chosen to give away native trees which is obviously great for Australian bushland, but also we're proud to be an environmentally friendly business. After all everything in here is 100% recycled!' Brent said.
'Giving trees away is our way of saying thank you to Lismore. It's a fabulous place to do business so this is a thank you to all our customers who have supported us over the years,' Brent said.
The Lismore Tender Center is on Casino Street, South Lismore. Phone 6622 6409 or visit www.tender.net.au
Anyone who wants a mullet - the fish, not the haircut - can't get one in Ballina anymore.
On Wednesday, the Richmond River - from the mouth at Ballina to Emigrant Creek - was declared a recreational fishing haven by the NSW Government, banning commercial mullet fishing.
Ballina Shire mayor Peter Moore met with NSW Fisheries Minister Eddie Obeid on Tuesday in Evans Head to ask for a concession for the two months of the running of the mullet.
'Our local commercial fishermen fully support the recreational fishing area, but just want one concession. It's been fished for 120 years in the same manner and the mullet haul provides $400,000 for 10 local families, which flows out into the local community,' Cr Moore said.
'I know it's an 11th hour request but commercial fishermen have been making that point during the two year consultation process and over recent months Council has given support to the overall feeling of the community, which is that they want this concession,' he said.
But Mr Obeid argued that the river's closure to commercial fishing was a community decision and that if a concession was made for Ballina, then it would 'open up the floodgates' across the state.
'It's not good enough,' Cr Moore said. 'I presented the minister with a petition with 750 signatures on it. This is what the community wants. Surely one of the roles of a politician is to listen and to change their minds. If the solution for other communities is as simple as allowing commercial fishing for two months, and regulating it for the rest of the time then fine. That's all our local guys are asking for,' Cr Moore said.
But the Minister argued the decision could not be changed since it would mean the government was enforcing its wants, rather than the decision being made by the community.
The mayor disagrees that the community wanted mullet fishing to end.
'I went for a walk with my family on the weekend and just near Missingham Bridge there were 400 people standing there watching the mullet fishermen. It's not just an economic issue. Ballina gets social mileage from it as well,' Cr Moore said.
The Nimbin Mardi Grass celebrates its 10th anniversary this weekend. Hemp, in all its forms, is prohibited in NSW, but the protests will continue this weekend, May 4-5 in the small village.
This year there is a $10 charge for festival events in Nimbin's Peace Park, but HEMP (Help End Marijuana Prohibition) Embassy spokesperson Michael Balderstone said it is free to join in the rally or do two hours volunteering for a day's pass.
'Join us in the rally for Cannabis Law Reform on Sunday, and take the message home with you,' Mr Balderstone said.
The Mardi Grass begins on Friday at 6.30pm when the Kombi Konvoy arrives from Lismore for the Opening Ceremony.
The weekend will feature Hemp experts in the fields of industrial use, medicinal use, legal, biological and much more. For those after a bit of fun check out the Hemp Olympix and the Mardi Grass markets.
There will also be debates, information stalls and entertainment .
'We are dedicating this tenth Mardi Grass to peace. Peace on the planet and harmony between the people and with the earth. Rarely is so much knowledge on the cannabis plant gathered together in one place,' Mr Balderstone said.
For a full list of the Mardi Grass program visit www.nimbinmardigrass.com
Sue Prendergast of the Alstonville Garden Centre with one of the advanced growth trees available from the centre. They also have a gift shop with lots of presents suitable for Mum on Mother's Day.
If you're looking for a way to spend a pleasant Autumn afternoon then a walk through the calming garden at the Alstonville Garden Centre followed by some nourishment at their cafe should be high on your agenda.
Owner Sue Prendergast said the Alstonville Garden Centre has much more to offer than a standard nursery.
'A lot of people who are setting up a garden spend lots of money buying lots of small trees whereas we can offer them large trees right now. It's just another part of what we offer. We're fairly unique in that the variety of stock we have is very wide,' Sue said.
'Our staff are trained to deal with planting advice and to help people with picking the right tree for the right area. We also offer a landscape supplies and a landscape and design service. We have mulch, pavers, compost, stones, gravels, woodchips. We also have a high quality nursery with full wheelchair access which you can stroll through and relax in,' she said.
The Alstonville Garden Centre is located on the corner of the Bruxner Highway and Convery Lane (opposite the Wollongbar BP) and open seven days a week. Phone 6628 7866.
You can also visit them online by going to www.agardencentre.com.au
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The Northern Rivers Echo Main News
NSW Roads Minister Carl Scully says he will make a decision on funding for the Alstonville bypass by the end of the year.
Darren Foster and Rod Glenn of Sailfish Marine with a bowrider sportsboat made at their Alstonville premises. Sailfish Marine is one of the many exhibitors at the Alstonville Home and Lifestyle Expo at the Alstonville Entertainment Centre this weekend.
Police are appealing for help in locating Lucy Ann McDonald, who went missing from her home in Lismore Heights on Tuesday. Mrs McDonald is described as 38 years old, 145cm (5ft) tall, thin build, medium complexion, of Aboriginal appearance with green/hazel eyes and shoulder length brown hair.
Lismore MP Thomas George gave a helping hand Sistas Café in Lismore on Wednesday as part of Lismore Unlimited's Pollies for Small Business Day.
