Wednesday, December 14, 2022


A reward of $millions for a fantasy



Brittany Higgins's rape claim went to trial but was not substantiated, so nobody owes her anything. Even the police thought there were no grounds for the prosecution. The payment was a victory for PR, not justice. It was pursued by feckless prosecutor Shane Drumgold only because of political pressure

That a person who has been hospitalized on mental health grounds could be a reliable witness is a derisory idea. The man she defamed in her delusions was hugely stressed by the prospect of a long and undeserved jail term but he survived mentally with only the usual supports - family etc.


That a person who has been hospitalized on mental health grounds could be a reliable witness is a derisory idea. The man she defamed in her delusions was hugely stressed by the prospect of a long and undeserved jail term but he survived mentally with only the usual supports - family etc.

“At a mediation held today, the Commonwealth and Ms Higgins settled her claims,” Blumers Lawyers said in a statement.

“At the request of Ms Higgins, the parties have agreed that the terms of the settlement are confidential.”

Higgins had alleged she was raped by former colleague Bruce Lehrmann, but the case was aborted in October after jury misconduct.

A second trial scheduled for early next year was also scrapped because of concerns over Higgins’ mental health.

Lehrmann has always maintained his innocence and will no longer face any charges.

Two former Liberal ministers Linda Reynolds and Michaelia Cash had also been named in the documents.

This masthead revealed on Sunday that Higgins was seeking more than $3 million in compensation: $2.5 million for future economic loss, past economic loss approaching $100,000, general damages of $100,000, future assistance with domestic duties of some $200,000, and past and future out-of-pocket expenses of a further $150,000 approximately.

Blumers Lawyers did not disclose the final settlement figure in the statement released late on Monday night.

The decision by the Commonwealth to settle the case comes as ACT Chief Minister Andrew Barr prepares to order a formal inquiry into the trial of Lehrmann after an extraordinary war of words erupted between the territory’s director of public prosecutions and police.

Barr said ACT Attorney-General Shane Rattenbury and the Director-General of the Justice and Community Safety Directorate briefed cabinet on Monday afternoon “regarding the issues raised by the actions of authorities involved in the Lehrmann trial”.

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Greens to support Labor’s emergency energy plan, securing budget package

The Greens have secured a deal to help Australians switch from gas in return for supporting the government’s emergency energy bill.

The Prime Minister recalled both houses of parliament for Thursday to deal with the energy crisis, following a deal struck with states and territories on Friday.

The package entails an unprecedented market intervention, which would cap gas prices at $12 a gigajoule, and coal at $125 a tonne, for 12 months.

The government will also dole out $1.5 billion in power bill assistance to eligible households and small businesses, as well as instil a code of conduct.

While Peter Dutton has slammed the government, saying it still hasn’t released legislation it plans to get through parliament, Greens leader Adam Bandt said his party would support it.

In exchange, the minor party had secured a package which would be included in next year’s budget which would focus on helping people switch from “dirty and expensive” gas appliances over to electric.

The package will be targeted towards low and middle income earners, people who live in public housing, renters and people “traditionally cut out” from accessing energy savings which come with switching to electric.

When it comes to building the package, the government will consult with the Greens to achieve their shared bid to ramp up renewables and reduce reliance on gas.

Mr Bandt said while the Greens would support the government’s legislation in return, the party wanted to see a freeze on power bills for two years and impose a windfall tax on coal and gas companies.

Meanwhile, the Opposition Leader said the cost of recalling parliament from 9am on Thursday was already going to cost around $1 million, and that the opposition, the Greens, and the crossbench were still waiting for legislation.

“There’s no time for consideration of what’s being put before us – not just for the Liberal party or the Coalition, but the Greens and independent members as well,” Mr Dutton said just before 1pm.

“If the government had a plan, they should have presented it in the October budget. They had five months between the election and the budget to put together a plan.

“Now we’re a day away from parliament being recalled, a week before Christmas, and the government has not released its legislation.

“If the Prime Minister hasn’t got the legislation ready, he shouldn’t recall parliament at great expense.”

Mr Dutton said the Coalition supported providing support to families, but would like to see it as a Bill separate to the price caps – which the opposition does not support.

Given the government has received the support of the Greens, it does not need the support of the Coalition.

Independent senators Jacqui Lambie, David Pocock and Tammy Tyrrell have all said they will support the energy relief package.

Senator Pocock says he wants the government to do more to support “electrification” further down the line.

“I have made it clear to the government that this Bill, while importantly will provide some relief to households and small businesses, doesn’t go far enough,” he said.

“The solution is electrification, the solution is getting on with this transition and ensuring that households benefit, that our small businesses benefit from this and that no one is left behind.

“While I will be supporting this package, I want to see a lot more in the way of an electrification.”

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A Sydney climate protester who halted freight trains by suspending herself above a rail line has had her most serious charges dropped

Emma Dorge was arrested in March after participating in one of a series of unauthorised actions by environmental protest group Blockade Australia to disrupt a freight line to Port Botany.

The 26-year-old was arrested after she suspended herself from a pole above the line to draw attention to climate change.

Police charged the activist on four counts including endangering safety of a person on a railway, inciting others to commit a criminal act, remaining on private land without a lawful excuse and refusing to comply with police directions.

Prosecutors agreed to drop the more serious charges of endangering safety and incitement given the activist pleaded guilty to the two lesser charges, Dorge's lawyer Mark Davis told AAP.

Before her hearing on Wednesday in Sydney's Downing Centre Local Court, Dorge told AAP she stood by her actions in April and believed the NSW government had passed the "draconian" protest laws as a result of how effective the campaigns were.

"I'm really more concerned about runaway climate change. They can't throw the floods and the wildfires in jail," she said.

"The courts are just another kind of violent mechanism that the state uses to repress us."

Dorge is among a number of climate activists who have faced court this week charged over disruptive actions after the state government passed laws to punish disruptive climate protests earlier in the year.

Activists convicted under the laws face fines of up to $22,000 and two years in prison.

The construction workers' union has announced it will campaign to end the "anti-democratic" laws that criminalise protest in NSW.

"The CFMMEU will not sit by while any government in this country seeks to remove one of the cornerstones of our democracy," union national secretary Christy Cain said in a statement.

"If these laws are allowed to stand no worker, no citizen, no member of the community will be safe from the threat of government overreach."

Dorge's action went viral after Seven Network's Sunrise host David Koch suggested authorities cut the rope while she was suspended from the pole during a live interview.

The case has been adjourned to December 22 and Dorge is out on bail.

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Time to end the arms race of early university offers

Australian universities have been major contributors to Australia’s human and social capital. The success and reach of their civic mission over the past 40 years are largely due to a highly effective response to three challenges of universal education: access, equity and excellence.

Some 1980s policy genius in the form of income-contingent loans for tuition costs (HECS) largely solved the issue of access by lowering barriers to entry. The related challenges of equity and excellence have been met with a history of university admission based on public examinations, common across all schools (the HSC) and recently coupled with school-based assessments, which are moderated to support fairness across the cohort.

This approach formed the basis for a predictable and transparent pathway to university for school leavers seeking that option. Evolved versions of HECS and the HSC are still with us, however, there is a major disruption afoot with the growing prevalence of early entry offers. Already, the signs are concerning.

This week, both the Higher School Certificate and ATAR scores (a creature of the university sector informed by HSC outcomes) will be released. They will be accompanied by an explosion in the number of early-entry offers to university for school leavers; thousands of these offers were issued months ago.

The consequences and scale of this unregulated practice are not well understood. There is no obligation on the universities to release early offer figures, indeed, many refuse such requests from the media.

Nearly 25,000 students have applied for early offers through the state’s admissions centre (UAC), and others applied directly to individual universities, meaning more than half of the school-leaver cohort could have an early offer of some form.

Post-COVID financial pressures are driving the university sector to increase enrolments and, in the competition to attract students, early offers have transformed from a “first mover” advantage into an arms race. While universities claim these schemes are “holistic” and reduce “exam stress”, the significant financial interest behind them is undeniable.

There might be some benefits to the early offer regime, but they appear to be tilted in favour of universities, they get the planning and operational certainty and income projection. The upside for the students is less clear, particularly in the case of unconditional or low-stake offers, which can come as early as April of year 12.

There are increasing reports that many students with early offers “check out” of their studies, lose motivation, or do not fully invest in final exams. This is not a helpful dynamic for either them or their peers without early offers, who need to remain fully applied. More broadly, has the question been asked: why condition students to a consequence-free examination season or assessment or desensitise them from the rigours of the learning experience?

Defenders of the open slather approach to early offers are often the harshest critics of ATAR, who cite wellbeing concerns to push back against assessments. Some early-offer programs ignore the ATAR entirely.

The early-offer university students will inevitably collide with reality and learn assessments and exams do matter and maybe their HSC-lite experience hasn’t really prepared them for the next step-up. Wait, what? I’m not getting an unconditional, early offer of graduation for my BA?

The critics of ATAR ignore the fact that it remains the most reliable available predictor of university performance. We know that the vast majority of school leavers still use ATAR in their university admissions and that ATAR remains a significant predictor of grades and completion rates.

Obviously, ATAR is an imperfect measure on its own, but there are already adjustment factors (formerly known as bonus points) as well as a host of scholarships (rural, ATSI, dux, financial hardship, etc.) designed to address its limitations.

The explosion in early offers has occurred without a clear rationale in support of students. To its credit, the NSW government has commissioned a review of early offers, with new guidelines being developed. Here are some suggestions. One, early offers should be required to be conditional; a minimum academic requirement is perfectly reasonable. Two, there should be a limit to just how early these early offers can be made (say, September). Three, early offers should be managed centrally through UAC rather than directly with individual universities, thereby allowing regulators to monitor the effects of the various schemes.

The HSC is a world-class credential designed for students pursuing university and vocational and employment pathways alike. Vice-chancellors should respect its role and, more broadly, the symbiotic relationship between schools and universities. All early offers might have a place but, in the meantime, we need to insist on more transparency and standardisation.

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Also see my other blogs. Main ones below:

http://dissectleft.blogspot.com (DISSECTING LEFTISM -- daily)

http://antigreen.blogspot.com (GREENIE WATCH)

http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)

http://edwatch.blogspot.com (EDUCATION WATCH)

http://snorphty.blogspot.com/ (TONGUE-TIED)

http://jonjayray.com/blogall.html More blogs

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