Friday, June 29, 2007

PEOPLE WHO ARE DEAF AND BLIND SHOULD BE ON JURIES

Say deranged Australian "human rights" bureaucrats

The NSW Law Reform Commission and the NSW Government have shirked their responsibility to recommend the inclusion of people who are blind or deaf on NSW juries, Human Rights Commissioner and Commissioner responsible for Disability Discrimination, Graeme Innes AM, said today.

Presenting the annual Sir Ninian Stephen Lecture at the University of Newcastle, Mr Innes told law students that despite the fact the Law Reform Commission was asked in 2002 to address the exclusion of people who are blind or deaf from serving on NSW juries, they have left this to gather dust. "I call on both the NSW Government and the NSW Law Reform Commission, as I have on a number of previous occasions, to act on this issue and to recommend and make the changes needed to allow people who are blind or deaf to be on juries," Mr Innes said. "I know many people who are blind or deaf who feel that they can never be totally accepted into our society as equals until they can fully carry out their responsibilities as citizens."

Mr Innes told the students the lack of progress regarding jury participation for people who are blind or deaf marred progress the NSW legal system had made in other areas such as accessibility for people with physical disabilities and hearing loops for people with hearing impairments.

In a far-ranging speech mixed with factual stories of ordinary people from his life as a lawyer in the former Department of Consumer Affairs, the NSW Anti-Discrimination Board and the Equal Opportunity Commission in WA, Mr Innes told students they could make a difference in virtually every area of law. "All you have to do is remember that laws and their application are really just about people in the end," Commissioner Innes said.

The Sir Ninian Stephen Lecture was established in 1993 to mark the arrival of the first group of Bachelor of Laws students at the University of Newcastle. It is an annual event which is delivered by an eminent lawyer at the start of each academic year.

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Destructive neglect in the Victorian public health system

A WOMAN may lose her hands after languishing on a rehabilitation waiting list for more than three years. The nails of Fran Murphy's crippled fingers are now growing into her palms, risking infection that could see her lose her hands. The 55-year-old has been on a rehabilitation waiting list since March 2004 for an aneurism and stroke suffered in September 2003. Her fingers are now clenched immovably into fists. The nursing home resident can't talk, but daughter Renae Caulkett said she constantly cried in distress.

"It's disgraceful. If she had therapy and physio from the beginning, her hands wouldn't be like this. "Now it is just going to be more resources to have her hands fixed and traumatic surgery and recovery for her. She is crying and in pain, and it is very distressing when you can't do anything to help."

Victoria's $5.6 million Slow to Recover scheme, providing intensive rehabilitation for those with brain injuries ineligible for treatment under the TAC or WorkCover, is the only one of its kind in Australia. Ms Murphy has routine physio and speech therapy. But occupational therapist Michelle French said she desperately needed specialist treatment, though she fears it is now too late. "Her hands are so tightly fisted you can't even open them to clean them or cut the nails. Had she managed to get services earlier -- hand therapy, stretching programs, and hand splints -- her hands would not be in the condition they are now," she said. Ms Murphy is on a public hospital waiting list to have her finger tendons cut. If this doesn't provide movement, or infection occurs, she faces the prospect of amputation.

Young People in Nursing Homes National Alliance director Dr Bronwyn Morkham said 67 people were waiting for help under the scheme. The State Budget allocated an extra $12.3 million over three years, but Dr Morkham said this would not be available until 2008 and then only to those already on the list.

Community Services Minister Gavin Jennings's spokeswoman said the scheme was at full capacity (140 patients) and the Government spent more than $1 billion a year on rehabilitation. There had been extra funding for Ms Murphy's rehabilitation while she waited to enter the program. "DHS are in regular contact with her family to ensure this support is flexible enough to help address her needs," she said.

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Teachers don't want to be assessed

People in business prosper or go under according to their performance but any shadow of such constraint is too much for our lordly teachers. "Just give us more money" is their message

HUNDREDS of teachers rallied in Brisbane today in protest against federal workplace laws and plans for performance-based salaries. Queensland Teachers Union (QTU) spokesman Steve Ryan said delegates to the union's annual conference were met by teachers on school holidays from across the state. About 500 teachers marched from the Brisbane Exhibition and Convention Centre to nearby South Bank for the rally.

Mr Ryan said members were angry at the Government's industrial relations laws, standardised testing of students and performance-based pay for teachers, which was outlined by Federal Education Minister Julie Bishop in April. They were also angry about what he said was underfunding of state schools and TAFE institutions, saying the issues could have a backlash in the lead-up to the federal election.

"We oppose the mixing of industrial relations policies with education," Mr Ryan said. "We will continue to campaign in the context of the federal election, through an industrial-based viewpoint and in an educational sense opposing the policies of the Federal Government." Mr Ryan said performance-based pay did not take into account the workload issues or professional responsibilities which teachers faced and were not a true reflection of what they were worth.

Ms Bishop has threatened to withhold $3 billion in commonwealth education funding if the states refuse to allow performance-pay for state school teachers from 2009. The Federal Government also wants principals to be able to hire and fire teachers, which the union says will destroy the state-based transfer teacher system.

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History students may skip the most hallowed events in Australian history

HIGH school students would be able to avoid studying Gallipoli and the Anzacs under the draft Australian history curriculum prepared as a result of last year's history summit. The draft for high school history, obtained by The Australian, also overlooks the achievements of the Hawke-Keating governments and theeconomic reforms of the past 25 years.

A four-member committee that includes controversial historian Geoffrey Blainey and social commentator Gerard Henderson will now review the curriculum for the federal Government, and develop a national Australian history curriculum for Years9 and 10. The Government's refusal to release the draft curriculum has prompted speculation among historians that John Howard intervened in the process and appointed Dr Henderson to ensure his more traditional view of history teaching prevailed.

Historians questioned Dr Henderson's qualifications for the role, and said his appointment suggested the Prime Minister found the draft curriculum - written by Tony Taylor, Monash University professor and head of the National Centre for History Education - too progressive. "This group might see Professor Taylor's draft as not traditional enough and not prescriptive enough and therefore they have been put into position to force the draft into a shape that is more acceptable to the Prime Minister's office," one historian said. The vice-president of the Australian Historical Association, Martin Lyons, said Dr Henderson's inclusion on the committee was puzzling because "he has no experience for this task and his inclusion looks too much like an ideological statement". "He is there to push a certain political line," he said.

The draft curriculum was intended to provide a model for teaching Australian history in a sequential way through primary and high schools, from Years 3 to 10. For high school students, it is structured around 14 guiding questions based on 29 key dates and milestones covering 10 time periods, from the arrival of the first people in 40,000BC to 60,000BC to the late 20th century. Students would be required to study three of four pre-Federation questions, three of four post-Federation questions and two of six questions covering the entire period.

Of the four post-Federation questions, only one deals with Australia going to war and the nation's experience, leaving it open for teachers and students to choose the other three questions dealing with how Australia became a nation, who could be an Australian and the role governments play in improving the welfare of the people.

In the milestone events identified in the curriculum, the period entitled "Shaping Modern Australia" from 1967 to present names the constitutional referendum on Aborigines and the end of the White Australia policy; the protests against the Vietnam War in 1970-71; the dismissal of the Labor government in 1975; the 1992 Mabo judgment; and the 2000 Sydney Olympics.

Wollongong University professor of history and politics Gregory Melleuish - author of one of the background papers for the Australian History Summit - criticised the curriculum as providing a patchy view of the nation's history, particularly after World War II. Professor Melleuish said late 20th-century Australian history was presented as a series of social movements including republicanism, feminism and other rights, but was glaring in some of its omissions. "Why is the fall of the Whitlam government seen as one major event and the achievements of the Hawke-Keating governments not seen as counting for anything?" he said.

Also appointed to the review committee were ANU history fellow Nicholas Brown and the NSW school history inspector Jennifer Lawless. But NSW Education Minister John Della Bosca on Monday refused to allow Ms Lawless to participate further in the process. Mr Della Bosca questioned the suitability of Dr Henderson's appointment to the reference group, saying he was not a professional historian.

But Dr Henderson yesterday defended his inclusion, saying he had a PhD in political history and his "extensive list of publications" included two well-reviewed history books. "Della Bosca seems to hold the view that only tenured academics on taxpayer-subsidised campuses are entitled to be regarded as historians," he writes in The Australian today.

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