Sins of commission

Kooyong and Chisholm legal challenge latest; by-election rumblings in Isaacs; Jim Molan strikes back; and the Victorian Liberals gearing up already for federal preselections.

Possible (or possibly not) federal by-election news:

• The Australian Electoral Commission has petitioned the Federal Court to reject challenges against the federal election results in Chisholm and Kooyong. The challenges relate to Chinese-language Liberal Party signage that appeared to mimic the AEC’s branding, and advised voters that giving a first preference to the Liberal candidates was “the correct voting method”. As reported by The Guardian, the AEC argues that “the petition fails to set out at all, let alone with sufficient particularity, any facts or matters on the basis of which it might be concluded that it was likely that on polling day, electors able to read Chinese characters, upon seeing and reading the corflute, cast their vote in a manner different from what they had previously intended”. This seems rather puzzling to my mind, unless it should be taken to mean that no individuals have been identified who are ready to confirm that they were indeed so deceived. Academic electoral law expert Graeme Orr argued on Twitter that the AEC had “no need to intervene on the substance of a case where partisan litigants are well represented”.

• Talk of a by-election elsewhere in Melbourne was stimulated by Monday’s column ($) from acerbic Financial Review columnist Joe Aston, which related “positively feverish speculation” that Labor’s Shadow Attorney-General, Mark Dreyfus, would shortly quit his Melbourne bayside seat of Isaacs with an eye to a position on Victoria’s Court of Appeal. Aston further reported that Dreyfus hoped to be succeeded by Fiona McLeod, the prominent barrister who gained a 6.1% swing as Labor’s candidate for Higgins in May. Dreyfus emphatically rejected such “ridiculous suggestions” in late August, saying he was “absolutely committed to serving out this term of parliament”, and again took to Twitter on Monday to say he would be “staying and fighting the next election”. Aston remains unconvinced, writing in Tuesday’s column ($) that the suggestions derived from “high-level discussions Dreyfus has held on Spring Street with everyone from Premier Daniel Andrews, former Attorney-General Martin Pakula, his successor Jill Hennessy and his caucus colleagues”, along with his “indiscreet utterances around the traps”.

Federal preselection news:

• Jim Molan has won the endorsement of both Scott Morrison and the conservative faction of the New South Wales Liberal Party to fill the Senate vacancy created by Arthur Sinodinos’s departure to become ambassador to the United States. However, the Sydney Morning Herald reports this is not dissuading rival nominee Richard Shields, former deputy state party director and Insurance Council of Australia manager, and the runner-up to Dave Sharma in last year’s keenly fought Wentworth preselection. Shields’ backers are said to include Helen Coonan, former Senator and Howard government minister, and Mark Neeham, a former state party director. Earlier reports suggested the moderate faction had been reconciled to Molan’s ascendancy by a pledge that he would only serve out the remainder of Sinodinos’s two-year term, and would not seek re-election in 2022.

Rob Harris of The Age reports the Victorian Liberals are considering a plan to complete their preselections for the 2022 election much earlier than usual – and especially soon for Liberal-held seats. The idea in the latter case is for challengers to incumbents to declare their hands by January 15, with the matter to be wrapped up by late February or early March. This comes after the party’s administrative committee warded off threats to members ahead of the last election, most notably factional conservative Kevin Andrews in Menzies, by rubber-stamping the preselections of all incumbents, much to the displeasure of party members. Other preselections are to be held from April through to October. Also proposed is a toughening of candidate vetting procedures, after no fewer than seven candidates in Labor-held seats were disendorsed during the period of the campaign.

Self-promotion corner:

• I had a paywalled piece in Crikey yesterday which noted the stances adopted of late by James McGrath, ideological warror extraordinaire and scourge of the cockatoo, in his capacity as chair of the Joint Standing Committee on Electoral Matters, which is presently conducting its broad-ranging inquiry into the May federal election. These include the end of proportional representation in the Senate, the notion that parliamentarians who quit their parties should be required to forfeit their seats, and — more plausibly — the need to curtail pre-poll voting.

Author: William Bowe

William Bowe is a Perth-based election analyst and occasional teacher of political science. His blog, The Poll Bludger, has existed in one form or another since 2004, and is one of the most heavily trafficked websites on Australian politics.

2,219 comments on “Sins of commission”

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  1. Boerwar @ #2055 Tuesday, October 15th, 2019 – 4:20 pm

    ‘Dandy Murray says:
    Tuesday, October 15, 2019 at 4:00 pm

    I’ve been banging that drum for years here, EGT.

    Why don’t you ask BW what he thinks of the LVT in the ACT?

    *ducks*’

    Our rates are approaching $8000 per annum and are increasing at a rate around 5 times inflation and at a rate much larger than the nominal value of our land. In due course we will, like the other elderly friends and neighbours on fixed incomes who used to form the local community, be forced out – presumably to eke out our miserable final years in some sub-standard dodgy dog box in the outer darkness well away from any amenity and well away from what used to constitute our friendship and acquaintanceship circles. As has happened already to the people who used to live across the road,etc, etc, etc.
    When we are forced out, our house will be pulled down. It will be replaced by one built by a tradie and his mates. This will involve planning permissions shonks, building approval shonks, and large dollops of black economy money. The new house will be three times as big as our house. The floor space per inhabitant will increase astronomically. The house/hard top combo will essentially cover the entire block save a small heavily regulated rectilinear set of hedges out the front. Our car will be replaced by two or three bimmers, mercs, Prados…
    Looking at recent trends in suburban sale prices, my view is that the progressive ‘rate’ increases are now having systemic impacts on land/house values. Our’s is certainly going backwards at a steady rate of knots.
    These anecdotal observations are based on current trends.

    On the whole I support the ACT’s social justice emphasis and don’t mind paying extra taxes to achieve this outcome. Unfortunately some local communities, such as our’s is not sustainable. It is being ripped apart. Unfortunately, the ACT Budget is truly hooked on the population/land sales ponzi scheme. Since we arrived the population has increased by around a quarter. Biodiversity values in the so-called Labor/Greens government have gone backwards in fits and starts. A system which depends on finite land to fund something like a third of its budget is not sustainable.

    The Territory is not economically, not socially nor environmental sustainable. Not within a bull’s roar of it.

    FMD. Our rates in Banyule are less than $2k per annum.

  2. Test allrounder Mitch Marsh has vowed never to punch a wall again after breaking his hand in bizarre fashion on Sunday.

    It came as Marsh revealed Aussie coach Justin Langer had contacted him to “tell me I’m an idiot, basically”.

    Marsh will miss four to six weeks after scans confirmed he broke his right hand when he punched a wall in frustration after getting dismissed against Tasmania.

  3. phoenixRED @ #2064 Tuesday, October 15th, 2019 – 4:42 pm

    Victoria says: Tuesday, October 15, 2019 at 4:36 pm

    PhoenixRed/tristo

    Fiona Hills testimony looks to be a gamechanger. It’s going to be a bumpy ride, but ultimately all the bad actors are going down.
    John Bolton got out of this shit show and I guess he should be getting a subpoena soon enough.
    Fun and games abound

    ****************************************************

    Victoria – I think the ‘stonewalling’ is over and people who want to save their goodname and reputation have had enough – its ME or Trump ….. and are only too ready to front up and drop Trump in the poo …..and even hardened campaigners like Bolton are only too ready to clear their name and take down Trump ….

    I don’t believe it’s any co-incidence that the whole facade crumbled after Bolton was sacked.

  4. Holden Hillbilly @ #2105 Tuesday, October 15th, 2019 – 6:23 pm

    Test allrounder Mitch Marsh has vowed never to punch a wall again after breaking his hand in bizarre fashion on Sunday.

    It came as Marsh revealed Aussie coach Justin Langer had contacted him to “tell me I’m an idiot, basically”.

    Marsh will miss four to six weeks after scans confirmed he broke his right hand when he punched a wall in frustration after getting dismissed against Tasmania.

    Don’t be too harsh. It was the first thing he’d hit for quite awhile.

  5. Boerwarsays:
    Tuesday, October 15, 2019 at 5:39 pm
    M
    Always happy to abolish a level of government!
    I would get rid of the states and territories and replace them with regional governments for tips, sewers and the like, and a national government for the rest.

    SECONDED

  6. Boerwar @ #2094 Tuesday, October 15th, 2019 – 5:39 pm

    M
    Always happy to abolish a level of government!
    I would get rid of the states and territories and replace them with regional governments for tips, sewers and the like, and a national government for the rest.

    Don Quixote is you!

    This is politics and unlikely to happen in your lifetime.

    If you’d dedicated your whole life to this quest you’d be impaled on a windmill going round and round. But, you didn’t and you’re still going round and round that windmill!

  7. Lars

    ‘Climate Change Policies – Labor preparing to sell out.’

    Ah, yes. Saying you are going to introduce a motion declaring a climate emergency is the first step…

    Apparently the factional meetings yesterday were united in their condemnation of Joel Fitzgibbon and the NSW Right made it clear he didn’t speak for them.

  8. Saw a small (about 5) male protestors + some hanger ons outside the Family Law Court this arvo. Placards such as “The Family Law Lies” or something like that.

    What amazes me is the Government will launch into yet another review based on this small cohort of whiners but if 3-400,000 hit the street to demand action on the climate catastrophe – crickets.

    Only a incredibly weak government would have bowed to these demands to prop up it’s vote with PHON in the senate.

  9. ‘Joel Fitzgibbon has copped a blast in the left and right caucus meetings for declaring Labor should adopt the Coalition’s Paris emissions reduction target rather than pursue ambitious cuts to carbon pollution.’

    https://www.theguardian.com/australia-news/2019/oct/14/labor-mps-condemn-suggestion-they-adopt-coalition-climate-change-policy

    And, just for the laughs..

    ‘The discussion in the national Right meeting grew so vigorous that MPs expressed concerns that word would get out about their argument, but senior factional figure Tony Burke defended the robust debate. “The national Right doesn’t leak,” he told the meeting, according to two colleagues.’

    https://www.smh.com.au/politics/federal/ill-considered-and-ill-timed-labor-savages-fitzgibbon-over-climate-retreat-20191014-p530n6.html

  10. @mikehilliard

    “Men’s Rights Activists” are among those people Scott Morrison told, when he first became Prime Minister that his government ‘was on their side’, People involved in the Extinction Rebellion aren’t.

    Anyway if I was Morrison I would seriously listen to the concerns of people in the bush, especially farmers about the government’s lack of action concerning the drought. When the government is being savaged by callers on the Alan Jones show, then it is a problem for the government.

  11. Saw a small (about 5) male protestors + some hanger ons outside the Family Law Court this arvo.

    Such needless anxiety. I do understand that people feel strongly about this, but I think we also have to take stock, we have to ensure we get a proper context and perspective. These men should feel positive about their future, that they will not only have a wonderful country and pristine environment to live in, that they will also have an economy to live in as well.

  12. Yes zoomster, just like rogue labor mps who endorsed the liberals regressive tax cuts got shouted down – until they weren’t.

  13. mikehilliard @ #2114 Tuesday, October 15th, 2019 – 7:03 pm

    Saw a small (about 5) male protestors + some hanger ons outside the Family Law Court this arvo. Placards such as “The Family Law Lies” or something like that.

    What amazes me is the Government will launch into yet another review based on this small cohort of whiners but if 3-400,000 hit the street to demand action on the climate catastrophe – crickets.

    Only a incredibly weak government would have bowed to these demands to prop up it’s vote with PHON in the senate.

    Scott Morrison is walking a very dangerous tightrope associating himself with men like this:

    A Perth father who murdered his ex-partner in the midst of a custody battle over their two children has been jailed for a minimum 24 years.

    Paul Turner, 43, stabbed Sarah Thomas, 33, six times in the face and neck during a pre-trial mediation hearing at Joondalup Courthouse on December 20, 2016, over claims she owed him money.

    In the days before her death, the Family Court had granted Ms Thomas custody of their two children, aged four and seven, following the couple’s separation in August 2016.

    Turner on one occasion told Ms Thomas’ lawyer he would withhold the children from her, leading the lawyer to seek an order to return them.

    …On the day of the murder, Mr MacTaggart described Turner’s demeanour during the five-minute pre-trial hearing as “cool, calm and collected”, before he stabbed Ms Thomas without warning.

    “[After the stabbing] he sat down with a smug look on his face as if to say: ‘What’s anyone going to do about it?’,” he said.

    “This was a crime of quite outrageous violence in a very public place by a person who wanted to make a very public statement.”

    https://www.smh.com.au/national/western-australia/she-should-have-been-safe-perth-father-jailed-for-life-over-courthouse-murder-of-ex-partner-20191015-p530vs.html

  14. A good article about market land values in the UK. We need big reforms in Australia to bring about an equitable allocation of housing and wealth. An indispensable one is to increase massively the percentage of the housing stock that is publicly owned. Something in the order of 20 to 30 percent would be enough to keep land values and rents under control. A lower population growth rate would also help. A Commonwealth land value tax is a must.

    In Britain, we have yet to confront the truth about the trillions of pounds of wealth amassed through the housing market in recent decades: this wealth has come straight out of the pockets of those who don’t own property.

    When the value of a house goes up, the total productive capacity of the economy is unchanged because nothing new has been produced: it merely constitutes an increase in the value of the land underneath. We have known since the days of Adam Smith and David Ricardo that land is not a source of wealth but of economic rent — a means of extracting wealth from others. Or as Joseph Stiglitz puts it “getting a larger share of the pie rather than increasing the size of the pie”. The truth is that much of the wealth accumulated in recent decades has been gained at the expense of those who will see more of their incomes eaten up by higher rents and larger mortgage payments. This wealth hasn’t been ‘created’ – it has been stolen from future generations.

    https://evonomics.com/unproductive-rent-housing-macfarlane/?fbclid=IwAR2o30ShcqcYn7JljCXsxVnWZZUn5hKgiyyg6DK7JxrkYctCV1aViFDJY2Q

  15. “When the government is being savaged by callers on the Alan Jones show, then it is a problem for the government.”

    Maybe they’ll start voting Labor.

  16. Jones has brainwashed his listeners into believing that the whole farm crisis can be resolved by the government paying for all the cattle to be fed and the army carting water around while the Bradfield scheme is being constructed

  17. Johnson’s UK Tories are planning to make photo ID compulsory when people cast a vote. It’s in the Queen’s speech. UK Labour has come out strongly against.

    The Conservatives have obviously observed how the US Republicans have used the same tactics and much more besides, to disenfranchise people who they consider will not vote for them.

    It won’t be long before Morrison tries the same trick, given earlier calls by LNP luminaries to do this in Australia.

    https://www.bbc.com/news/uk-politics-50051178

  18. There is one way to solve the problem of the earth turning into a brown dustbowl during this incredibly severe, climate change induced drought.

    Take a leaf from the playbook of Cate Carnell (Liberal) when she was the Chief Minister of the ACT prior to the 2000 Olympics. Spray everything green. People will be so much happier.

    However, she is best remembered for her failures that included the spray painting of dead grass of Bruce Stadium green so that Sydney Olympics officials would pass the ground as suitable for its soccer events.

    https://www.questia.com/newspaper/1G1-252705422/newman-not-the-first-cycan-do

  19. I caught up with yesterday’s leaked ‘Liberal” talking points accidentally released by a staffer (or now ex-staffer) in the PM’s office. The section on the Paris Agreement says that the Government has it all in hand, they’re spending $3.5 billion to remove 900 thousand trillion tons of carbon emissions, or something like that.

    When numbers are thrown around like that, with no comparison or context, they are intended to impress, hide, bamboozle, distract or deceive, anything but inform. And the $3.5 billion. That’s a bit more than the number of seconds in a century, a bit less then the distance to the Sun in feet. Is that each week, each year, over the forward estimates? Over a decade? Is it calculated over the same period as the 888 thousand billion trillion in new taxes Labor wants to introduce?

  20. When numbers are thrown around like that, with no comparison or context, they are intended to impress, hide, bamboozle, distract or deceive, anything but inform.

    All it does is make me angry. Essentially the coalition has made taxpayers responsible for the carbon pollution of private entities and corporations. And our GHGEs are not abating either.

  21. Confessions says:
    Tuesday, October 15, 2019 at 8:17 pm
    When numbers are thrown around like that, with no comparison or context, they are intended to impress, hide, bamboozle, distract or deceive, anything but inform.
    All it does is make me angry. Essentially the coalition has made taxpayers responsible for the carbon pollution of private entities and corporations. And our GHGEs are not abating either.
    __________________________________________________
    and now Labor meekly submits to the Government on the same …………………………………

  22. ‘shellbell says:
    Tuesday, October 15, 2019 at 7:34 pm

    Jones has brainwashed his listeners into believing that the whole farm crisis can be resolved by the government paying for all the cattle to be fed and the army carting water around while the Bradfield scheme is being constructed’

    There is enough drinking water in the system to ensure that no cow dies of thirst. The army could carry the water needed to stop cattle dying of thirst over the five years of the Drought. Water is heavy and it is expensive to cart. Using Army transport which is not generally designed to get water at the least cost from place to place would make them the most expensive cows in history.

    Say that there are 5 million cattle in the drought area. Say that they drink 50 litres a day. That is 250,000,000 liters per day. That is 250,000 metric tons. Say 40 metric tons to the truckload. That is 6250 truckloads a say. Say, very conservatively, $500 per truckload, bearing in mind some cattle are a long way from the nearest remaining water. $3,125,000 per day – around $1,140,625,000 per year. Over a five year drought that is $5.7 billion. $1140 per head. Just to stop them dying from first. Stopping them from dying of starvation you could probably double that.

  23. Lars
    “Soon to be Labor policy ? (Once the Labor “hardheads” decide this would be a smart tactical move?)”

    Whatever Labor ends up with, it will be better than what we have now (nothing plus promoting coal).

    Targets for 2030 gave to be rethought in the basis of 4 more years of inaction, either standing still it going backwards – the current Parliamentary term then effectively starting from scratch. That plus the Opposition will try to block all legislation for the new Government, regardless of any mandate.

    I’d stick with zero by 2050, with something like 50% reduction by 2035.

  24. Boer

    I once organised a policy forum locally. Alas, the only contribution was that the helicopters used for fire fighting should be delivering water to farm dams. I could not make the gentleman understand the astronomic costs involved.

    To be fair, though, I’ve found that people have a lot of difficulty understanding water volumes.

  25. If the Commonwealth is not spending the money directly, it has far less incentive to raise the taxes enough to fund the states, territories and local government.

    Tax receipts and bond sales do not finance the federal government’s spending. Rather, the money that the private sector uses to pay taxes and buy the government’s bonds comes from prior government spending.

    Federal taxes exist to control inflation, control inequality, and modify behaviour. That is the tax trinity. If it doesn’t contribute to at least one of those purposes, it is a bad tax and should be scrapped.

    Other policy levers can achieve those goals as well – I’m not saying that it all comes down to taxes. For instance, one of the best ways of controlling inflation is to use market interventions to prevent cartel behaviour. One of the best ways of reducing inequality is to use appropriate predistribution measures to reduce inequality of income in the first place, at the pre-tax stage. In some circumstances the best way of influencing behaviours is to simply ban the activities that are deemed too harmful to tolerate.

    The current system of funding state governments is a mess. The state governments are under-funded for the scale of the service responsibilities that they have. We may as well recognize the reality that the federal government is in the best position to fund the services, and that the role of the state and local governments should be to administer and manage their budgets, and to design and deliver the services and public works in their jurisdictions, and to be held accountable by voters for how well they do those tasks. Forcing the states to monkey about with raising revenue is just a massive waste of time and completely unnecessary.

    Some good taxes cannot be levied by the Commonwealth because they need to be for specific areas, which the Commonwealth taxation power does no extend to. These include land vacancy taxes (excellent for reducing empty dwellings for capital gains in urban areas, not such a good idea in low demand regional areas where vacancies are harder to fill) and parking levies (similarly better in urban areas but not regional ones).

    What are the High Court cases that hold that the Commonwealth Parliament cannot impose land vacancy taxes and parking taxes?

    This doesn’t matter anyway because even if there are a handful of such taxes that can only be imposed by state governments, or by local governments that have had that power delegated to them by the states, just have the state and local governments continue to manage those taxes, and get rid of the rest. The thing to note about those taxes is that they are all for the purpose of behaviour modification. Vacant building taxes deter building owners from leaving their buildings vacant. Parking fees deter people from using their cars when they could use public or active transport instead. It is best to have those taxes imposed by a government that is not revenue-constrained. Ideally you want the receipts from these taxes to be as low as possible. The purpose of a tax on gambling, for instance, is to deter gambling; the purpose of a tax on tobacco is to decrease the amount of smoking – so if the tax is working, the receipts will be low. One of the obstacles to cracking down on problem gambling is that state governments rely on gambling taxes for revenue. That defeats the purpose of the tax.

    Have the federal government guarantee the budgets of the state and local governments. Then if state and local governments have to manage a few behaviour modification taxes because the Commonwealth lacks the constitutional power to do so, they will have the right motive i.e. to see the receipts from those taxes go down because we want the problem behaviour targeted by the tax to become less common.

  26. Am hearing some interesting things about Peter Dutton. Look for some softening of the tough guy image, empathy for the less fortunate (not refugees). And more freelancing off the Home Affairs patch.

    Not quite the remake, but it appears a concerted effort to position Dutton, just in case something happens to Morrison.

  27. https://www.rawstory.com/2019/10/hes-cooked-sam-donaldson-warns-trump-the-senate-may-vote-to-convict-him-after-impeachment-trial/

    Mitch McConnell, et al, might be evil, but they are not stupid. They know Trump is rapidly approaching his use-by date for the Repubs, and starting to become a serious liability.

    Their options are limited to either convict, or 25th him on mental incapacity grounds (dementia).

    They will be left with those options because Trump will never resign, because the Repubs cannot offer him pardons for the truckload of state crimes charges he will be facing the moment he is not president.

    Trump’s only other option is to flee the country – which is the outcome I put my money on.

  28. lizzie:

    [‘I said she’d been Duttoned. ‘]

    I reckon she’s been Duttonholed. Having been a former military screw she’d have something in common with the MO of a former QPS drug detective. I’ve been there; it’s hard at times to discard ones uniform.

  29. JM:

    McConnell will abandon Trump if his Senate majority is imperilled.

    One ex Republican columnist has posited a deal brokered with Pence whereby Trump is given the option of resign or be convicted, Pence becomes President, but agrees not to run next year, paving the way for Romney or Kasich to wrest the party back from the crazies.

  30. Steve777, Melinda Pavement from the NSW coal was on 7 tonight pulling that stunt.
    For it’s part 7 was trying to pull at the heart strings and get people agitated that environmental flows on the Murray were shock horror being used to save river red gums.
    Pavement said 3,000 million megalitres was being used for flows. And then Victoria and South Australia copped a kick to the gonads for good measure.

  31. [‘Look for some softening of the tough guy image, empathy for the less fortunate (not refugees).’]

    Well, there’s some evidence of that of late – to wit, his rather laconic demeanor in QT. I know intuitively there’s more to Dutton than meets the eye?

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