Racism, double dissolutions and the ABS

Crikey readers pour cold water on hysteria over double dissolutions and bigotry.

Double dissolutions not so easy Neil Hunt writes: Re. "How journalists (except Guy Rundle) make a hash of science reporting" (yesterday). To Peter Matters, it's long been misunderstood but the Senate cannot "force" a double dissolution. All it can do it provide triggers by rejecting legislation twice after three or more months. These triggers can then be used by the Prime Minister, and the Prime Minister only, to recommend to the Governor-General to effect a double dissolution. On funding cuts to the ABS John Nightingale writes: Re. "ABS cuts could undermine jobs data accuracy" (yesterday). It's hard to think of any ways to finance the ABS -- apart from the federal budget -- that would not lead to suspicions of bias etc. But how about something like the UK's radio/TV licence system that pays for the BBC? Any business larger than ... well, something big-ish ... , or any financial institution couldpay a flat licence fee amount, high enough to make up for at least current shortfalls. The federal government would, of course, still have to cough up what it barely begrudges today. Don Plimer writes: In Glenn Dyer’s article on cuts to the ABS he mentions "Centrelink's role in trying to fill job vacancies". This is wrong, as Centrelink only makes payments. A range of Job Network agencies are charged with filling job vacancies. Otherwise an excellent article. Getting it right on 18C Jack Williams writes: Re. "Conservative civil disobedience" (yesterday). Sorry, Roger Franklin and Quadrant subscribers, but Tony Abbott probably won't be setting the AFP on to you anytime soon for you sending him that proforma "arrest me for breaching 18C" letter. Proceeding on the not too fanciful assumption that Franklin's letter's blank spaces are meant to be replaced by the word "Islam" or "Muslim":
  1. 18C is in the Racial Discrimination Act. It is directed to "race, colour or national or ethnic origin", but not religion.
  2. 18C only makes a racist act unlawful if it’s done "otherwise than in private" -- that is, done in a public place or as a communication to the public. It doesn't catch a letter sent by someone to someone else (even the Prime Minister).
  3. 18D contains exceptions to 18C, including for a statement made in the public interest, as well as for a fair comment on a matter of public interest.
  4. A breach of 18C is not a criminal offence and there cannot be any arrest. 18C allows for a civil action.
If Quadrant really wants to mount a civil disobedience campaign that might actually see the paddy wagons turn up, it should go back to the drawing board.

Free Trial

Proudly annoying those in power since 2000.

Sign up for a FREE 21-day trial to keep reading and get the best of Crikey straight to your inbox

By starting a free trial, you agree to accept Crikey’s terms and conditions


Leave a comment

6 thoughts on “Racism, double dissolutions and the ABS

  1. Simon

    Neil Hunt – “the Prime Minister only’ – unless the Senate majority have a willing ally in the Governor General, as we learnt some 39 years ago. Otherwise correct.

  2. Mike Smith

    @Neil: The Governor General can force a double dissolution as well – For example 1975.

  3. Mike Smith

    Bah. When will I learn to read ahead.

  4. Simon

    Having said that – I very much doubt the current Governor General is likely to dismiss the Abbott government.

  5. Simon

    Adding again – in 1975, the convention that an election only be called on the advice of the Prime Minister was scrupulously observed. Just the Governor General had to appoint a new Prime Minister in order to get the advice he wanted.

  6. Jaybuoy

    the privatisation of the job network seems to be working as well as all our other outsourcing efforts in that its main beneficiary has been the outsourcers….

Share this article with a friend

Just fill out the fields below and we'll send your friend a link to this article along with a message from you.

Your details

Your friend's details