Tasmanians Against the Pulp Mill An outcome of the ‘Restore Democracy – Stop the Pulpmill – Repeal PMAA

A blueprint towards the reformation of Tasmania’s body politic. This is in part a response to Premier Bartlett’s ‘Ten Points’ and an attempt to rectify the damage done to due process, proper planning procedures and the failure of representative government.

A copy will be sent to every politician in Tasmania. TAP expects this document will form the basis of discussion and reform.

12 Grievances and 12 Solutions

PREAMBLE
Over the last decades, the people of Tasmania have been subjected to a long train of abuses, dispossessions, tyrannical law, the cruel effects of monopoly deals, pillaging of public resources, ravaging of the landscape, plundering of the public purse, degradation of public services and failure of representative government.

The government, its agents and business friends, have clear-felled our forests held in trust for future generations, fouled our air with forest burning, degraded our water catchments, poisoned and polluted our waterways, slaughtered our wildlife, converted our precious food producing land to tree plantations at taxpayers’ expense, destroyed the property rights of rural landowners and deprived communities of the basic foundations for their survival.

In summary, the Labor Government of Tasmania, with the collusion and acquiescence of the Liberal Opposition, some members of the Legislative Council and successive Federal Governments, have caused great damage and expense to the people, and forced civil unrest and uncertainty upon us.

FIRST GRIEVANCE
The Tasmanian community is convulsed by the failure of our political representatives to do the job for which they are paid. Instead they give our monies earned from our sweat to favoured corporations in the form of subsidies, cost relief, sub market rates for our resources, exemptions and favours, while refusing taxpayers any fair hearing or representation.

In short, we pay taxes but we do not have fair representation.

SOLUTION 1
All existing and new members of parliament to receive a job induction that clearly details first and foremost their duty to represent the best interests of their constituents and not the furtherance of the special interests of a preferred corporation, industry, political party, clique, cabal or gang.

SECOND GRIEVANCE
The Pulp Mill Assessment Act 2007 is designed to obscenely advantage the business interests of one corporation, Gunns Ltd. Section 11 of that act bars the people from access to their own legal system. This is tyrannical usurpation of the civil rights of citizens of the Commonwealth of Australia and breaches the Declaration of Human Rights section 7. It is an incentive for Gunns to pollute and removes any disincentive to their causing damage to others, while denying taxpayers any rights of redress.

SOLUTION 2
Repeal the Pulp Mill Assessment Act 2007.

THIRD GRIEVANCE
The rights of Tasmanians are not codified and there is thus no compulsion for Governments to respect human rights when drafting and voting legislation into law.

SOLUTION 3
Pass into law A Charter of Human Rights substantially based on the report of that name (October 2007) written by the Tasmanian Law Reform Institute and commissioned by the Tasmanian Government.

FOURTH GRIEVANCE
The influence on Government of the monopolistic Gunns Ltd, and other corporations, is corrupting Government policy, actions and law. Their agents have helped draft the very legislation designed to control their operations and provide Tasmanian taxpayers with protection.

SOLUTION 4
Make all political donations public and ban corporate and private donations to political parties of more than $1000.

Institute modest public funding of election campaigns through the Parliament.

FIFTH GRIEVANCE
The Tasmanian community is in revolt because their needs were deliberately excluded from consideration in the assessment of the costs, risks and impacts of major project planning such as the proposed Tamar Valley pulp mill.

SOLUTION 5
Institute proper planning procedures integral to which is full public consultation and public hearings.

All industrial projects to be independently assessed by impartial bodies (e.g. Universities, CSIRO etc).

SIXTH GRIEVANCE
The practice of communicating sensitive ‘off-the-record’ information by sending an unsigned ‘draft memorandum’ that is not publicly discoverable by FOI has become rife in the Tasmanian State Public Service and in the RPDC. This practice severely subverts the intent of the FOI Act and is diametrically opposed to the encouragement of a culture of ‘open government’.

SOLUTION 6
Amend FOI Act to make ALL Public Service documents including draft memos and working documents, except those listed below, discoverable in an uncensored form by FOI requests. Censorship of documents, or outright denial of FOI requests should be limited to documents containing information of personal or private nature the publication of which would constitute an infringement of an individual’s right to privacy, or material of a sensitive commercial nature as judged by a stipendiary magistrate or judge. The Act should provide the public with the inalienable right to know the terms on which the government agrees to sell, or divest itself of a public asset to any other body or person.

SEVENTH GRIEVANCE
It is absurd that the Parliament can declare a major development proposal – literally the largest in the history of the State – to be NOT a project of state significance (POSS).

SOLUTION 7
Amend the RPDC Act to make it obligatory that a development proposal that is declared a POSS by Parliament MUST continue through the RPDC review until either the proponent withdraws the proposal, in which case the proposal shall be deemed to be rejected by the RPDC, or the proposal is approved under conditions acceptable to the Executive Director.

Ban project proponents from determining the impacts of their project on unrelated industries and on communities.

Assure that an independent party properly determines community and industry impacts

The Minister may not approve a proposal in substantially unaltered form that is rejected by the Executive Director for Planning, or by Parliament, without a full and open public debate.

EIGHTH GRIEVANCE
There is insufficient whistleblower protection in legislation for public servants and others who voice concerns over legal, procedural and ethical breaches of codes of conduct within the Government departments, agencies and commissions.

SOLUTION 8
Review and strengthen legislation to give protection and encouragement to whistleblowers.

NINTH GRIEVANCE
Actual or attempted intimidation of a public servant, or their immediate family, or attempts to limit the democratic rights of a public servant should be an offence punishable by imprisonment.

SOLUTION 9
Amend Public Service Act accordingly.

TENTH GRIEVANCE
The electorate has no automatic right to dismiss a ‘rogue government’ once that government has deviated significantly from the promises made during the election campaign that brought it to office OR by its actions and policies it precipitates civil unrest on a socially damaging scale OR the government ceases to operate properly due to resignations, absence, dismissal or criminal and unethical activities of sitting members of the government.

SOLUTION 10
Introduce a law (e.g rights to impeach) that gives the right of electors to petition the Governor of Tasmania seeking dissolution of one, or both, Houses of Parliament. The law gives the Governor the power to instruct the Electoral Commission to hold a referendum as to whether the public maintain confidence in the elected government if the Governor receives a petition expressing lack of confidence in either House containing signatures of more than 10% of electors. The Governor shall be obliged to dissolve the one or both Houses of Parliament and to call a General Election if the referendum results in a simple majority of lack of public confidence.

ELEVENTH GRIEVANCE
Allegations and perceptions of corruption have created uncertainty in Tasmania. Business investment is deterred by the real or perceived existence of corruption. The people of Tasmania have lost faith in their government, police and judiciary, a situation that leads to social instability and unwillingness to commit to the future of Tasmania.

SOLUTION 11
Establish an anti-corruption body that is completely independent of Government and headed by a respected member of the judiciary from a state other than Tasmania. The body is to have full investigative powers, including retrospective investigative powers, and is to be fully resourced and staffed with a skilled team of investigators. An ethics body with an educative function, while commendable, is no substitute for an Independent Commission Against Corruption.

TWELTH GRIEVANCE
There are too few members of parliament to perform the necessary duties of government, resulting in reliance on highly paid advisers, consultants and bureaucrats who are not answerable to the electorate. The situation is greatly exacerbated by three current members of the Labor Government unable to perform ministerial duties because of unethical behaviour or absence.

SOLUTION 12
A return to the previous status quo of 35 members of the House of Assembly and 19 members of the Legislative Council is an essential first step. Relieving some bureaucrats and advisers of their roles and reducing the size of the Government media unit would provide the necessary financial offset.