http://cfmeu-vic-web.networxenterprise. ... ov2010.pdf
I'm hoping that link works .
If you want to know what the judgement is all about go to the bottom page of the link and read the letter/summons sent to Mr Ark Tribe.
If you're into politics, law and all that jazz you may find this interesting.
-
fuzzywuzzy
- Posts: 6596
- Joined: Mon Feb 02, 2009 5:35 pm
If you're into politics, law and all that jazz you may find this interesting.
fuzzywuzzy;1361623 wrote: http://cfmeu-vic-web.networxenterprise. ... ov2010.pdf
I'm hoping that link works .
If you want to know what the judgement is all about go to the bottom page of the link and read the letter/summons sent to Mr Ark Tribe.
I find it amazing that the meetings of a government Commissioner are so badly minuted that it is not possible to tell whether he attended them or not.
I find it shocking that, for a matter of this kind which could result in a six month jail sentence, the accused has no right to remain silent and no "fifth amendment" rights apply.
Given the punitive nature of the prosecution, not going after those that have committed an offence but after the grunt that defies them so as to "not get involved", I'm glad he was found not guilty.
Given the nature of the technicality on which he was acquitted the ABCC have a lot of procedural changes to make before they can bring another prosecution of this kind.
I'm hoping that link works .
If you want to know what the judgement is all about go to the bottom page of the link and read the letter/summons sent to Mr Ark Tribe.
I find it amazing that the meetings of a government Commissioner are so badly minuted that it is not possible to tell whether he attended them or not.
I find it shocking that, for a matter of this kind which could result in a six month jail sentence, the accused has no right to remain silent and no "fifth amendment" rights apply.
Given the punitive nature of the prosecution, not going after those that have committed an offence but after the grunt that defies them so as to "not get involved", I'm glad he was found not guilty.
Given the nature of the technicality on which he was acquitted the ABCC have a lot of procedural changes to make before they can bring another prosecution of this kind.
-
fuzzywuzzy
- Posts: 6596
- Joined: Mon Feb 02, 2009 5:35 pm
If you're into politics, law and all that jazz you may find this interesting.
But that's why the Howard government invented the ABCC. John Howard is anti Union when he was in Government he brought the ABCC in but not for everyone ...only the building constuction industry is answerable to this crowd and now they can use laws only meant for this industry to send people to jail for striking, walking off an unsafe work site, and a multitude of other things. The ABCC has more powers than even the police, .....like ..since when is it an offence to talk to your immediate family about what's happened to you and what you have been accused of ..I kid you not you are not allowed to even tell your wife what the government has accused you of let alone tell her what you answered to their accusations. and even if the procedural side was done properly this agency is a farce...we're talking about ordinary everyday workers here . Ark had only been on site for two hours because a mate needed a hand on that particular morning
others who had been a part of the safety complaints for weeks weren't called.
They couldn't find him guilty The entire building construction industry of the entire nation would have shut down in protest....in the end he was let off over a technicality
others who had been a part of the safety complaints for weeks weren't called.
They couldn't find him guilty The entire building construction industry of the entire nation would have shut down in protest....in the end he was let off over a technicality
If you're into politics, law and all that jazz you may find this interesting.
fuzzywuzzy;1361664 wrote: But that's why the Howard government invented the ABCC. John Howard is anti Union when he was in Government he brought the ABCC in but not for everyone ...only the building constuction industry is answerable to this crowd and now they can use laws only meant for this industry to send people to jail for striking, walking off an unsafe work site, and a multitude of other things. The ABCC has more powers than even the police, .....like ..since when is it an offence to talk to your immediate family about what's happened to you and what you have been accused of ..I kid you not you are not allowed to even tell your wife what the government has accused you of let alone tell her what you answered to their accusations. and even if the procedural side was done properly this agency is a farce...we're talking about ordinary everyday workers here . Ark had only been on site for two hours because a mate needed a hand on that particular morning
others who had been a part of the safety complaints for weeks weren't called.
They couldn't find him guilty The entire building construction industry of the entire nation would have shut down in protest....in the end he was let off over a technicality
I totally agree, I couldn't believe what I was reading half the time. The only possible reason for bringing the prosecution is to put the frighteners on the next lot they go after but that's backfired on them - for now at least.
others who had been a part of the safety complaints for weeks weren't called.
They couldn't find him guilty The entire building construction industry of the entire nation would have shut down in protest....in the end he was let off over a technicality
I totally agree, I couldn't believe what I was reading half the time. The only possible reason for bringing the prosecution is to put the frighteners on the next lot they go after but that's backfired on them - for now at least.
-
fuzzywuzzy
- Posts: 6596
- Joined: Mon Feb 02, 2009 5:35 pm
If you're into politics, law and all that jazz you may find this interesting.
6 Reasons why the Australian Building and Construction Commission must go in 2011
1. The powers of the ABCC are unworkable
The not-guilty verdict against CFMEU member Ark Tribe in November last year demonstrated that the ABCC has been acting illegally – in breach of its own laws. Even they don’t fully understand them.
"I didn't set out to test these laws. I'm just an ordinary bloke who went to work one day on a construction site in Adelaide.
The last two years have been shocking, it's been a nightmare, I'm glad it's over. We gottem…you can't do this to us." Ark Tribe
2. The ABCC is discriminatory
The ABCC has around 29 civil proceedings in court against construction workers and their union.
"The way we're being treated out there compared to other industries is just not fair. I've heard of the ABCC prosecuting construction workers, threatening to take their houses away by fining them. "I've never heard of them sticking up for a worker,” Rohan Tobler, Carpenter
3. The powers of the ABCC are unjustifiable
The ABCC has extreme powers that strip legal rights from construction workers.
"It has powers that not even police agencies have. It has the ability to force people to give evidence against themselves, to give evidence against their families, to give evidence against their workers." Professor George Williams, Constitutional Law Expert UNSW
4. These laws are made for big companies
In 2010 the ABCC fined one employer $12,000 for denying union access to a construction site for a safety check. In an industry where a worker dies on average each week, this is a slap on the wrist. Unions are hit with $45,000 fines for holding routine safety meetings.
5. A waste of taxpayers’ money
The ABCC wasted a million taxpayer dollars in its failed attempt to prosecute Ark Tribe. Each year the ABCC costs us $30 million to run. The director is paid $475,000 a year.
6. Australia is in breach of ILO Conventions
In 2010 the International Labor Organisation (part of the UN) slammed the building and construction laws for the seventh time for undermining workers' rights to participate in collective action and to be represented by their union.
"The ILO has been very clear that the ABCC does not comply with Australia’s international obligations. It has powers that cannot be justified and it has powers that are not appropriate in a fair and democratic nation." Professor George Williams
BTW since these barstards have existed deaths and injuries have skyrocketed on building sites, I have the numbers somewhere.
1. The powers of the ABCC are unworkable
The not-guilty verdict against CFMEU member Ark Tribe in November last year demonstrated that the ABCC has been acting illegally – in breach of its own laws. Even they don’t fully understand them.
"I didn't set out to test these laws. I'm just an ordinary bloke who went to work one day on a construction site in Adelaide.
The last two years have been shocking, it's been a nightmare, I'm glad it's over. We gottem…you can't do this to us." Ark Tribe
2. The ABCC is discriminatory
The ABCC has around 29 civil proceedings in court against construction workers and their union.
"The way we're being treated out there compared to other industries is just not fair. I've heard of the ABCC prosecuting construction workers, threatening to take their houses away by fining them. "I've never heard of them sticking up for a worker,” Rohan Tobler, Carpenter
3. The powers of the ABCC are unjustifiable
The ABCC has extreme powers that strip legal rights from construction workers.
"It has powers that not even police agencies have. It has the ability to force people to give evidence against themselves, to give evidence against their families, to give evidence against their workers." Professor George Williams, Constitutional Law Expert UNSW
4. These laws are made for big companies
In 2010 the ABCC fined one employer $12,000 for denying union access to a construction site for a safety check. In an industry where a worker dies on average each week, this is a slap on the wrist. Unions are hit with $45,000 fines for holding routine safety meetings.
5. A waste of taxpayers’ money
The ABCC wasted a million taxpayer dollars in its failed attempt to prosecute Ark Tribe. Each year the ABCC costs us $30 million to run. The director is paid $475,000 a year.
6. Australia is in breach of ILO Conventions
In 2010 the International Labor Organisation (part of the UN) slammed the building and construction laws for the seventh time for undermining workers' rights to participate in collective action and to be represented by their union.
"The ILO has been very clear that the ABCC does not comply with Australia’s international obligations. It has powers that cannot be justified and it has powers that are not appropriate in a fair and democratic nation." Professor George Williams
BTW since these barstards have existed deaths and injuries have skyrocketed on building sites, I have the numbers somewhere.
-
fuzzywuzzy
- Posts: 6596
- Joined: Mon Feb 02, 2009 5:35 pm
If you're into politics, law and all that jazz you may find this interesting.
Oh and we do not have the right to remain silent in this country. we also don't have any 5th or 6th ammendments rights.
Our miranda reads ;
You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?
Basically you're pretty guilty as soon as this is read to you ....funny huh?
New Zealands is more to the point you're basically stuffed there and they tell you upfront
: You have the right to consult and instruct a lawyer without delay and you have the right not to make a statement but anything you do say may harm your defence in a court of law.
Our miranda reads ;
You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?
Basically you're pretty guilty as soon as this is read to you ....funny huh?
New Zealands is more to the point you're basically stuffed there and they tell you upfront
: You have the right to consult and instruct a lawyer without delay and you have the right not to make a statement but anything you do say may harm your defence in a court of law.