Australian Politics
Thursday, November 23, 2023
Driving with autism: Big change for some Australian licences
The term autism covers a very wide range of behaviours so this regulation seems likely to capture some people who are not likely to be problem drivers. I am a high-functioning autistic and I drove for 60 years without once hurting myself or anyone else.
The legal basis of this would also appear to be shaky. What evidence do they have implicating autism in bad driving? None, I am sure. To produce such evidence they would need to have a very precise definition of the problem behaviours and that is precisely what is not possible with autism
The prime manifestation of autism is social insensitivity of various sorts so it is difficult to see how that could be a driving problem. So this is a very silly piece of regulation. Courts should assess the actual behaviour rather than some speculative claim about its origin.
A quiet change to the national standards that govern driving fitness has left autistic Australians in legal limbo, potentially facing fines of more than $9000.
The 2022 Assessing Fitness to Drive standards were the first to list autism as a condition that “should be assessed individually”, but there is huge variability about how the new rule applies across states and territories.
That puts many autistic Australians, particularly those who were diagnosed later in life, years or decades after they earned their full licences, in a confusing place of legal limbo.
The Assessing Fitness to Drive guidelines are updated every few years and cover a range of medical conditions, including diabetes, epilepsy and vision. They are written for health professionals who treat people with conditions that may impact their driving.
According to Austroads, which develops the guidelines in conjunction with other groups, autistic drivers aren’t required to automatically report their diagnosis, but the “overarching requirement is that a person with a condition that may impair safe driving will need to report and be assessed”.
Each state and territory interprets the guidelines differently, making for a lot of confusion — as well as some eye-watering fines and costs.
Tests of driving fitness also vary across jurisdictions. GPs often request an on-road assessment from an occupational therapy driver assessor, which costs around $1500. If the test is failed, subsequent “driving rehab” lessons cost between $130-$150 a pop.
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Tactics ‘professional scammers’ use to fleece landlords exposed
Landlords and real estate agents are calling out the appalling behaviour of so-called ‘professional tenants’ – renters who know how to manipulate tenancy laws to live rent-free.
Rachel, 37, had a horror experience with a professional renter in the central western NSW town of Orange, where she lives with her husband and three young children.
After buying a new home in need of renovation, the family opted to rent it out for a short period while they waited for the plans to be finalised and council building permits to be issued.
They decided to handle the leasing themselves, and advertised for a tenant looking for a three month fixed-term lease.
Rachel said that her tenant claimed to be a single mother with two children and she contacted her employer reference but didn’t look into her rental history, before both parties signed a formal tenancy agreement. “I took her a bit on face value and felt a bit sorry for her, I guess.”
Rachel said that initially, her tenant’s “communication was amazing” adding that she paid two weeks rent upfront and was often seen mowing the front grass.
But a few weeks later, her dream tenant became a nightmare.
Rachel said it turned out that her tenant didn’t have custody of her kids, so they never moved into the house, but another seven to eight people did move in, along with several dogs, despite the tenancy agreement prohibiting this.
“This is what they do. Somebody gets a house and they all come and live in it.”
She said no more rent was ever paid and attempts to inspect the house failed with the tenant refusing them entry on several occasions despite them providing adequate notice via mail and email of upcoming inspections.
She alleges the people living in her house were “dealing Ice out of the back shed and spray painted and graffitied the back fences,” adding that she fielded several calls from her angry neighbours.
Frustrated, Rachel contacted the police about the tenant, who she said “didn’t want to know anything about it” and advised her to pursue the matter through the NSW Civil and Administrative Tribunal (NCAT).
She did just that, citing the unpaid rent and prohibited pets as cause to terminate the tenancy but despite the fact that her tenant didn’t actually show up to the hearing, the tribunal found in the renter’s favour. “They didn’t care about us at all,” Rachel said.
In a twist, the tenant then took Rachel and her husband to the tribunal, citing that they were harassing her by driving past the property. “That was the route for me to take my children to daycare,” Rachel said.
The tenant again failed to turn up to the hearing and as she had brought the case, it didn’t go ahead. What it did do however was buy her tenant more time in the property.
Finally, at the end of the lease agreement with the tenant refusing to leave their property, the couple went back to the tribunal who this time found in their favour. “The only way that we got her out was that it was the end of the fixed-term lease,” Rachel said.
The tribunal also ruled that the tenant had to repay the couple the rent she had failed to pay, but Rachel said that after she vacated the property, their tenant “disappeared”. “Because we didn’t have her physical address we couldn’t chase her for the money.”
“In the end it took four months to get her out and cost $8,000 in lost rent,” she said. “She knew how the system worked and she played me.”
Rachel said one lesson she learned from the ordeal was to never try to rent out a property privately, without the assistance of a real estate agent or property manager.
She said she also learned how stacked tenancy laws are against landlords. “I know landlords get a bad rap but there’s nothing to help us.”
Hayden Groves, president of the Real Estate Institute of Australia told news.com.au that in some parts of Australia, tenancy laws have evolved too far in favour of tenants.
“We’re hearing of rulings in local jurisdictions that actually disallow an owner of the property to re-take occupancy despite the fixed tenancy ending.”
He added that “sadly some tenancy advocates will encourage and coach tenants on how to exploit tenancy laws to their own advantage and effectively avoid their obligations under a lease agreement.”
“For example, a tenant that is seeking to prematurely end a fixed term lease, may be advised to simply stop paying rent and move out at their convenience knowing that the owner is unlikely to pursue them for unpaid rent due to the cost and risk of doing so, particularly when a replacement tenant can be quickly found.”
Mr Groves agreed that the renter-friendly tenancy laws were forcing some landlords to sell up.
“As a result of the recent shifts in tenancy laws favouring tenants, property investors are selling up and moving their funds to alternate investment vehicles which is damaging supply and pushing up rents.”
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Billionaire Gina Rinehart gives grim warning: Says climate costs cripple food production
Gina Rinehart has issued a grim warning that Aussies face huge price hikes and fresh food shortages unless the burden of climate change policies are lifted from farmers.
During an address in Bali on Tuesday, the mining magnate made the ominous forecast to mark National Agriculture & Related Industries Day, of which Ms Rinehart is the founding patron.
Australia's richest person, who owns millions of farming hectares, said governments need to cap what agriculturalists spend on achieving net zero greenhouse gas emissions to $200,000 - or the entire nation faces dire consequences.
'Otherwise, farmers will have to leave agriculture, and as a consequence, Aussies will see huge food price increases and fresh food shortages,' Ms Rinehart said.
Ms Rinehart, who is the executive chairman iron ore exporting giant Hancock Prospecting, said Australia's agriculture is the 'envy of much of the world' but is 'haunted' by the cost of climate change policies.
'Don't blame the farmer for needing to try to pass on to Australian householders the multi-millions of costs they'll each face, for installing solar power, batteries and multi millions for electric vehicles, and fines,' she said.
The mining billionaire claimed the burden government over-reach and interference fell most heavily on the 'essential' primary industries of agriculture and mining.
She also expressed fury at not being able to clear land, normally for environmental reasons, in a way that might curb bushfires, due to government red tape.
'Government tape drowns us, won't even let us keep our families, staff, pets, homes and investment safe through adequate fire breaks, my blood boils over on this one,' she said.
'Fines and even jail if we try the bureaucracy blocks us or hinders us at every opportunity. Projects succeed not because of government but in spite of it.'
Ms Rinehart said governments continuing to focus on the wrong things were hurting Australia.
'Pandering to minority group activism, the Left and the Greens abetted by virtue signalling, effects political decisions and policy, instead of costs, common sense and economics,' she said.
'Unfortunately, politicians too often forego common sense and real leadership, for noisy public activism.'
She painted a picture of Australia being the 'cusp of greatness' in the late 1960s to early 1970s.
'Government was wary of taking on debt, our nation was developing well, migrants were arriving from Italy and Greece especially, and settling in well, working and contributing, in numbers that worked, bringing with them a desire to succeed in their new country, not wanting Aussie taxpayers' welfare,' she said.
'Our population was educated, skilled and industrious. Government was far, far less intrusive and the welfare state as we know it today did not exist.'
However, she argued that all changed with the election of the Whitlam Labor government in 1972.
'Trade unions impatient to claim an even greater share of what they saw as this prosperous future, helped to elect a socialist government led by Gough,' she said.
'Policies were put in place that favoured trade unions and popular agendas rather than common sense.'
In the speech, she also called for an end of 'discriminatory limit on work hours' to let pensioners, uni students, veterans, disabled and nonviolent non-dangerous prisoners help fill labour shortages'.
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ICC bans transgender women from elite cricket to protect ‘integrity and safety’
Australian-born Canadian trans cricketer Danielle McGahey has expressed disappointment but vowed to continue to fight for equality over the International Cricket Council’s decision to ban transgender women from playing international women’s cricket.
The international career of McGahey appears over after the ICC ruled players who have been through testosterone-fuelled puberty will not be able to compete in international women’s cricket.
The change in regulations appears to have been prompted by the case of McGahey, who became the first transgender cricketer to take part in an official international match when she featured in a Women’s Twenty20 fixture for Canada against Brazil.
The Brisbane-born 29-year-old, who played grade cricket in the men’s competition in Melbourne, moved to Canada in 2020. After her transition, she began playing women’s cricket in Canada and was called into the national team in October 2022.
The opening batter went on to play all six of Canada’s matches during the Women’s T20 World Cup Americas region qualifiers event in Los Angeles, to add to national team appearances previously in fixtures which did not hold official ICC status.
Canada came second in the four-team event, failing to qualify, with McGahey making 118 runs at 19.67 with a top score of 48 against Brazil.
Transgender athletes have been banned from taking part in elite women’s competitions in other sports such as swimming, cycling, athletics, rugby league and rugby union.
“Following the ICC’s decision this morning, it is with a very heavy heart that I must say that my international cricketing career is over. As quickly as it begun, it must now end,” McGahey wrote on social media.
“Thank you so much to everybody who has supported me in my journey, from my all of my teammates, all of the opposition, the cricketing community and my sponsor …
“While I hold my opinions on the ICC’s decision, they are irrelevant. What matters is the message being sent to millions of trans women today, a messaging say that we don’t belong.
“I promise I will not stop fighting for equality for us in our sport, we deserve the right to play cricket at the highest level, we are not a threat to the integrity or safety of the sport. Never stop fighting!”
Brazil women’s captain Roberta Moretti Avery said on Wednesday the timing of the ICC’s decision had been “unfortunate”.
“It’s a decision that appears to have been made by the ICC in good faith with the benefit of the most recent scientific advice. That said, the timing of the decision is really unfortunate,” Avery told ESPNCricinfo.
“Danielle McGahey was allowed to play in the recent World Cup qualifier on the basis of the rules that applied at the time. As a result, she was subjected to a lot of abuse from people who have never met her and who do not understand the difficult journey she has been on.
“She and her teammates also had a reasonable expectation that she would be allowed to play in future matches. So it’s unfortunate that this decision has been made after the event, once Danielle’s hopes had been raised and after she has already been exposed to a huge amount of scrutiny and abuse. That can’t be good for anyone’s mental health. The ICC lifted the hopes of a whole community and it feels like those hopes have now been dashed.”
Under the ICC’s previous regulations, which were effective from October 2018 and amended in April 2021, McGahey had satisfied all of the eligibility criteria.
However, following an ICC board meeting, new gender regulations have been announced, which follow a nine-month consultation process with the sport’s stakeholders.
“The changes to the gender eligibility regulations resulted from an extensive consultation process and are founded in science, aligning with the core principles developed during the review,” ICC chief executive Geoff Allardice said.
“Inclusivity is incredibly important to us as a sport, but our priority was to protect the integrity of the international women’s game and the safety of players.”
The review, led by the ICC medical advisory committee and chaired by Peter Harcourt, relates solely to gender eligibility for international women’s cricket. Gender eligibility at domestic level is a matter for each individual member board.
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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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My son Joe at ANU
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