Monthly Archives: November 2012

Case Law in the Office
Date Created: November 28, 2012  Date Modified: November 28, 2012

I never really expected that my first day at a new agency would give me some time to look into case law–but going through the induction documents (which are a requirement for all government agencies staff to read and understand) I came accross a number of case citations that I thought worth jotting down on some note paper and then researching further when Im back into study mode.

Im trying to write these from my own notes so expect errors in the citations, at a later date I will amend these to be correct–or close enough to it

  • A v K Limited & Z [2008] VCAT
  • Dee v Commissioner of Police et al. [2004] NSWADT 168
  • Fatialofa V Coles Group [2008] AIR 1127
  • Perera v Commissioner CC [2007] NSWADT
  • Walsh v St Vincent De Paul (No. 2) [2008]QADT 32
  • Virgin Blue v Hooper [2007] QSC 075

I will add some abstract on each case, when I get the chance, it seems Im living 3 lives at the moment… and one of those lives just finished his first semester of law and wants to par-tee; even tho I have not had a beer since last Friday’s shinannigans…

Two-Tone Part 2
Date Created: November 24, 2012  Date Modified: November 24, 2012

Just an update on the painting process, since I ignored the project during the exam period. The roof is getting some good coverage, but its still not going to be finished this week


My picasa account was over full so to make room for these I had to delete some pics of the UCMPOS gig, but they are archived for future reference

This rant was posted in Cars, EOS, Mercedes-Benz, Photography on by .

Whitehouse Ale
Date Created: November 15, 2012  Date Modified: November 15, 2012

I like this, it’s something missing in world leaders these days–I grew up in the Hawke era and this is how I remember what good politicians do. That and play cricket–but I dont know if the American public could handle a leader who so openly embraces such a colonial sport.

And I would have never known about this if it were not for 25,000 disgrunteled Texan’s wishing to succeed.
Whitehouse Beer petition page

This rant was posted in Politics, US politics, Video on by .

Chrome “special” pages
Date Created: November 14, 2012  Date Modified: November 14, 2012

Since I cant remember all of these I decided to post them here–Oh you dont know what they are?, there Chrome special pages which give you all sorts of fun info–some are self explanatory (and accessible via the interface) like bookmarks and history, some are informative if your troubleshooting and others Im still yet to figure out…

List of Chrome URLs

For Debug

The following pages are for debugging purposes only. Because they crash or hang the renderer, they’re not linked directly; you can type them into the address bar if you need them.

  • chrome://crash
  • chrome://kill
  • chrome://hang
  • chrome://shorthang
  • chrome://gpuclean
  • chrome://gpucrash
  • chrome://gpuhang
This rant was posted in Browsers, Chrome, Tips, Web on by .

Our Shameful Past
Date Created: November 10, 2012  Date Modified: November 10, 2012

Its hard for a person to admit their wrongs, when those wrongs were committed by a collective–in this case Australia, its hard for the collective to accept their wrongs even happened. Yesterday I was in my usual online discourse (read: argument with friend) and in the course of that discussion I came across the following piece of historical legislation that highlights not only the subjugation of Australia’s first inhabitants, but also sheds light on a little bit of the War on Drugs mentality. If you are unfamiliar with the concept of War on Drugs, I suggest you look to Google for some background.

This (legacy) legislation had quite a significant impact on the indigenous population, as the link above states:

This document is the instrument effecting a major law directed at Aboriginal people in Queensland. It was followed in other Colonies and thus probably affected more Aboriginal people than any law until the passage of the Commonwealth Native Title Act 1992.
Founding Docs website

Wikipedia article on the Act goes further, claiming:

The creators of this Act saw it as a solution to a short term problem, but the administrators of the legislation had a different idea, and from the beginning used it as a device for social engineering and control. It became the instrument with which Aboriginal people could be stripped of the most basic human rights. The Act was the first measure of separate legal control over the Aboriginal people and as Reynolds has pointed out it ‘was far more restrictive than any [contemporary] legislation operating in New South Wales or Victoria, and implemented a system of tight controls and closed reserves.’

Administrators were able to gain control of Aboriginal affairs through the extensive use of Regulations which could be made lawful simply through proclamation by the Governor-in-Council. In this manner, decision-making passed from politicians to the public servants. The welfare of Aborigines was, after all, only one small part of a busy member’s portfolio. But not only did public servants have responsibility for a huge amount of delegated legislation, individual protectors had extensive autonomy in administering the Act and Regulations.
Wiki article

Emphasis mine. The explicit implication is that this was a case of enacting Narcotics legislation to control the indigenous peoples and their lands. If we look at this from a modern perspective, where Australia’s first inhabitants are disproportionately represented in our prison systems, it becomes not too much of a stretch of the imagination that this over-representation is by design and not by accident.

The wiki article derives from THE ABORIGINALS IN COLONIAL SOCIETY, 1840-1897 By Professor Henry Reynolds et al. It is some heavy reading, if you can approach the topic of our past injustices to our indigenous brothers then please read some–its a long document and covers nearly 100 years of injustices, but its information should never be collectively forgotten just because it paints us in a less than favorable light.

[REPORT] Social Media as a Tool for Inclusion
Date Created: November 6, 2012  Date Modified: November 19, 2012

I was quite interested in this report by the Canadian Human Resources and Skills Development Canada; Social Media as a Tool for Inclusion. I have looked into some of the issues around special-needs users of the internet, and have dealt with web accessibility in the front lines, but what piked my interest in this report was that it covered two demographics often overlooked–Indigenous and the homeless.

The objectives of the study were to determine the extent, nature and benefits of social media use by five vulnerable populations – Aboriginal peoples, people with disabilities, recent immigrants, the homeless and seniors – and by the institutions that serve them, and to explore the extent to which such media help to overcome social isolation and barriers to inclusion

The homeless are often an invisible demographic, and in a traditional web1.0 paradigm the notion of sitting down to a desktop computer to surf the internet is not seen as in the capacity for the homeless, however the more the net has moved onto devices the more uptake and more visible this demographic will be. The digital divide persists, but the advances of technology are making it easier for users with limited means to be able to access the digital realm.

…given the dire daily challenges of the homeless and those that serve them. It is surprising that no pertinent Canadian academic studies on this topic were unearthed, online or otherwise, during the course of this research. Nevertheless, anecdotal reporting indicates that the internet and social media are extensively used by the homeless, especially those under 30, and this finding resonates with those of several U.S. studies on the topic

Having dealt with homelessness first hand, I knew from my own experiences what benefits I gained from the use of social media–in fact the catalyst for me to create a Facebook account back in 2007 was part of a need to reconnect with those who I had lost contact with during my diaspora.Having dealt with homelessness first hand, I knew from my own experiences what benefits I gained from the use of social media–in fact the catalyst for me to create a Facebook account back in 2007 was part of a need to reconnect with those who I had lost contact with during my diaspora.

The number one issue for homeless people is loneliness; many have left behind them a trail of lost or damaged relationships. Facebook is seen to help the homeless regain contact with family members and actually help them rebuild relationships. A youth worker writes: “I frequently use Facebook as a means of staying in touch with youth who are homeless. They are often without a regular phone or address, but will find a way to update their Facebook status. This way I can continue to support them wherever they are at.”

UPDATE: If you are homeless in Western Australia, the Department of Housing have a homeless assistance hotline you can call: 1800 065 892 for help and assistance.

The Rayney Verdict
Date Created: November 1, 2012  Date Modified: November 1, 2012

The Rayney Trial captured the media attention for so may reasons that are out of scope of this blog post, my own interest caused me to follow this case from the beginning and now the first (we do have to expect a long appeals process) decision has been handed down:

Not Guilty

The judgment is well over 300 pages and I am still yet to finish it and I fee it could be prejudicial to any appeals forthcoming for me to make any commentary or even paste excerpts, but the decision can be found on the Supreme Court of Western Australia website.

I have also added WA Supreme Court decisions and sentencing remarks feeds to my Links page for, not just my own, but anyone else who holds interest.

UPDATE: I have decided to include two passaged from the judgment that are critical of how the police handled the case, firstly and explicitly:

“As is apparent from the discussion concerning various aspects of the conduct of police investigators there are instances of conduct ranging from inappropriate to reprehensible.”

and

“The lack of logic in several areas of this case is obvious.”

Maybe the police should wait until they secure a conviction before they have commemorative ties made?.

This rant was posted in Criminal Law, Government, Law, WA State Government on by .