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"It's up to men": Anthony Albanese joins violence against women rally

<p>Anthony Albanese has joined a rally in Canberra to protest the recent spate of acts of violence against women, admitting his government hasn't "done enough" to ensure Aussie women are protected. </p> <p>Addressing the 5,000-strong crowd at Parliament House, Mr Albanese delivered a fiery speech, demanding nationwide change to all levels of Australian society and asking protesters to hold him “accountable” for his government’s actions. </p> <p>Mr Albanese said Australia needed to change its “culture”, “attitudes” and “legal system” to end the scourge of violence against women that has already allegedly claimed the lives of 26 women this year.</p> <p>“We’re here today to demand that governments of all levels, must do better, including my own, and every state and territory government,” he said. </p> <p>“We’re here as well to say that society, and Australia, must do better. We need to change the culture, we need to change attitudes, we need to change the legal system."</p> <p>Mr Albanese spoke about some of the actions his government had taken to address the problem, including the introduction of domestic violence payments.</p> <p>A protester interrupted, saying “it’s not enough”.</p> <p>The prime minister replied, “I agree it’s not enough. I said that. We need to do more.”</p> <p>Mr Albanese finished his speech by calling the problem a “national crisis” and said one or two months of funding would not be enough to solve it.</p> <p>“It’s up to men to change men’s behaviour as well,” he said. “Yes, people do need to be made accountable and I’ll be accountable for what my government does.”</p> <p>Thousands took to the grounds of Parliament House on Sunday to listen to Albanese's address, where one of the event organisers Sarah Williams from the company WWYW (What Were You Wearing?), claims the Prime Minister lied to the crowd at the start of his stirring speech.</p> <p>In his speech in the afternoon, Mr Albanese suggested he had asked the rally organisers for permission to speak but had been knocked back. </p> <p>“We did ask to speak, myself and (Finance minister) Katy (Gallagher) and we were told that’s not possible,” he said to the 5000 strong crowd.</p> <p>“And that’s fine, we respect the organisers’ right to do that.”</p> <p>However, Ms Williams took to social media after the event to say the Prime Minister had "lied to the country". </p> <p>“The Prime Minister of Australia lied to his country today,” she began. </p> <p>“Representatives from (Finance Minister Katy) Gallagher and Albanese’s offices both said this morning that they were sure Katy would be happy to speak. Not the Prime Minister.”</p> <p>“He never asked to speak. For him to not only demand he speak because he was being heckled, but lie was disgraceful."</p> <p>“He demonstrated today what entitlement looks like. A man with power trying to diminish a vulnerable young woman.”</p> <p>In an awkward and tense exchange, Ms Williams then demanded the politicians show their commitment to the organisation’s demands, and declare that the recent spate of murders of women by men was a national emergency. </p> <p>However, the Labor ministers appeared non-responsive and confused, initially refusing to front the rally, a move which brought boos and heckling from the audience. </p> <p>“Why are you even here?” one protester yelled from the crowd.</p> <p>“Shame on you,” shouted another.</p> <p><em>Image credits: Getty Images / Instagram</em></p>

Caring

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Better sleep is a protective factor against dementia

<div class="theconversation-article-body"><em><a href="https://theconversation.com/profiles/andree-ann-baril-1494268">Andrée-Ann Baril</a>, <a href="https://theconversation.com/institutions/universite-de-montreal-1743">Université de Montréal</a> and <a href="https://theconversation.com/profiles/matthew-pase-1494296">Matthew Pase</a>, <a href="https://theconversation.com/institutions/monash-university-1065"><em>Monash University</em></a></em></p> <p>Dementia is a progressive loss of cognitive abilities, such as memory, that is significant enough to have an impact on a person’s daily activities.</p> <p>It can be caused by a number of different diseases, including <a href="https://alzheimer.ca/en/about-dementia/what-alzheimers-disease">Alzheimer’s</a>, which is the most common form. Dementia is caused by a loss of neurons over a long period of time. Since, by the time symptoms appear, many changes in the brain have already occurred, many scientists are focusing on studying the risk and protective factors for dementia.</p> <p>A risk factor, or conversely, a protective factor, is a condition or behaviour that increases or reduces the risk of developing a disease, but does not guarantee either outcome. Some risk factors for Alzheimer’s disease and dementia, such as age or genetics, are not modifiable, but there are several other factors we can influence, <a href="https://www.thelancet.com/article/S0140-6736(20)30367-6/fulltext">specifically lifestyle habits and their impact on our overall health</a>.</p> <p>These risk factors include depression, lack of physical activity, social isolation, high blood pressure, obesity, diabetes, excessive alcohol consumption and smoking, as well as poor sleep.</p> <p>We have been focusing our research on the question of sleep for over 10 years, particularly in the context of the <a href="https://www.nhlbi.nih.gov/science/framingham-heart-study-fhs">Framingham Heart Study</a>. In this large community-based cohort study, ongoing since the 1940s, the health of surviving participants has been monitored to the present day. As researchers in sleep medicine and epidemiology, we have expertise in researching the role of sleep and sleep disorders in cognitive and psychiatric brain aging.</p> <p>As part of our research, we monitored and analyzed the sleep of people aged 60 and over to see who did — or did not — develop dementia.</p> <h2>Sleep as a risk or protective factor against dementia</h2> <p>Sleep appears to play an essential role in a number of brain functions, such as memory. Good quality sleep <a href="https://jamanetwork.com/journals/jamaneurology/fullarticle/2793873">could therefore play a vital role in preventing dementia</a>.</p> <p>Sleep is important for maintaining <a href="https://www.science.org/doi/10.1126/science.1241224">good connections in the brain</a>. Recently, research has revealed that sleep seems to have a function similar to that of a garbage truck for the brain: <a href="https://doi.org/10.1016/j.mad.2023.111899">deep sleep could be crucial for eliminating metabolic waste from the brain</a>, including clearing certain proteins, such as those known to accumulate in the brains of people with Alzheimer’s disease.</p> <p>However, the links between deep sleep and dementia still have to be clarified.</p> <h2>What is deep sleep?</h2> <p>During a night’s sleep, we go through several <a href="http://ceams-carsm.ca/en/a-propos-du-sommeil/">sleep stages</a> that succeed one another and are repeated.</p> <p>NREM sleep (non-rapid eye movement sleep) is divided into light NREM sleep (NREM1 stage), NREM sleep (NREM2 stage) and deep NREM sleep, also called slow-wave sleep (NREM3 stage). The latter is associated with several restorative functions. Next, REM sleep (rapid eye movement sleep) is the stage generally associated with the most vivid dreams. An adult generally spends around 15 to 20 per cent of each night in deep sleep, if we add up all the periods of NREM3 sleep.</p> <p>Several sleep changes are common in adults, such as going to bed and waking up earlier, sleeping for shorter periods of time and less deeply, and waking up more frequently during the night.</p> <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=279&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=279&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=279&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=350&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=350&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/579041/original/file-20240229-16-efo9mx.jpg?ixlib=rb-4.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=350&amp;fit=crop&amp;dpr=3 2262w" alt="" /></a><figcaption><span class="caption">Sleep stages, and the role of deep sleep for brain health.</span> <span class="attribution"><span class="source">(Andrée-Ann Baril)</span></span></figcaption></figure> <h2>Loss of deep sleep linked to dementia</h2> <p>Participants in the <a href="https://jamanetwork.com/journals/jamaneurology/fullarticle/2810957">Framingham Heart Study</a> were assessed using a sleep recording — known as polysomnography — on two occasions, approximately five years apart, in 1995-1998 and again in 2001-2003.</p> <p>Many people showed a reduction in their deep slow-wave sleep over the years, as is to be expected with aging. Conversely, the amount of deep sleep in some people remained stable or even increased.</p> <p>Our team of researchers from the Framingham Heart Study followed 346 participants aged 60 and over for a further 17 years to observe who developed dementia and who did not.</p> <p>Progressive loss of deep sleep over time was associated with an increased risk of dementia, whatever the cause, and particularly Alzheimer’s type dementia. These results were independent of many other risk factors for dementia.</p> <p>Although our results do not prove that loss of deep sleep causes dementia, they do suggest that it could be a risk factor in the elderly. Other aspects of sleep may also be important, such as its duration and quality.</p> <h2>Strategies to improve deep sleep</h2> <p>Knowing the impact of a lack of deep sleep on cognitive health, what strategies can be used to improve it?</p> <p>First and foremost, if you’re experiencing sleep problems, it’s worth talking to your doctor. Many sleep disorders are underdiagnosed and treatable, particularly through behavioural (i.e. non-medicinal) approaches.</p> <p>Adopting good sleep habits can help, such as going to bed and getting up at consistent times or avoiding bright or blue light in bed, like that of screens.</p> <p>You can also avoid caffeine, limit your alcohol intake, maintain a healthy weight, be physically active during the day, and sleep in a comfortable, dark and quiet environment.</p> <p>The role of deep sleep in preventing dementia remains to be explored and studied. Encouraging sleep with good lifestyle habits could have the potential to help us age in a healthier way.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/222854/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/andree-ann-baril-1494268">Andrée-Ann Baril</a>, Professeure-chercheure adjointe au Département de médecine, <a href="https://theconversation.com/institutions/universite-de-montreal-1743">Université de Montréal</a> and <a href="https://theconversation.com/profiles/matthew-pase-1494296">Matthew Pase</a>, Associate Professor of Neurology and Epidemiology, <a href="https://theconversation.com/institutions/monash-university-1065">Monash University</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/better-sleep-is-a-protective-factor-against-dementia-222854">original article</a>.</em></p> </div>

Mind

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New details shed light on Rebel Wilson's allegations against actor

<p>New details have emerged of Rebel Wilson's allegations against Sacha Baron-Cohen, with the Aussie actress claiming he acted inappropriately towards her while filming a movie in 2014. </p> <p>In the days after Rebel took to Instagram to expose Baron-Cohen for allegedly "<a href="https://oversixty.com.au/finance/legal/rebel-wilson-exposes-a-lister-who-threatened-her-over-book-release" target="_blank" rel="noopener">threatening</a>" her about the publishing of her tell-all memoir, excerpts of Rebel Rising have been published to further detail when the actors worked together on the film <em>Grimsby</em>. </p> <p>The pair both starred in the comedy film 10 years ago, with Rebel detailing in her book how the Hollywood actor, known for his controversial roles as Borat and Ali G, acted inappropriately towards her on set. </p> <p>Once filming began for the movie, Wilson claims that Cohen (SBC) would keep requesting her to go “naked” in a scene, according excerpts of the book obtained by <em><a href="https://people.com/rebel-wilson-details-allegations-about-sacha-baron-cohen-he-calls-false-exclusive-8620597" target="_blank" rel="noopener">People</a></em> magazine. </p> <p>She wrote, “It felt like every time I’d speak to SBC, he’d mention that he wanted me to go naked in a future scene. I was like, ‘Ha, I don’t do nudity, Sacha.’ ”</p> <p>Wilson alleges that Baron-Cohen's behaviour and strange requests only intensified throughout the shoot, coming to a head while they were filming a scene in Cape Town at a soccer stadium. </p> <p>“SBC summons me via a production assistant saying that I’m needed to film an additional scene. ‘Okay, well, we’re gonna film this extra scene,’ SBC says. Then he pulls his pants down … SBC says very matter-of-factly: ‘Okay, now I want you to stick your finger up my a**.’ And I’m like, ‘What?? … No!'”</p> <p>Wilson then continues to allege in the book, “I was now scared. I wanted to get out of there, so I finally compromised: I slapped him on the ass and improvised a few lines as the character.”</p> <p>Sacha Baron-Cohen released a statement via his representatives saying the claims are "demonstrably false", denying the pair had any tension while working together. </p> <p>“While we appreciate the importance of speaking out, these demonstrably false claims are directly contradicted by extensive detailed evidence, including contemporaneous documents, film footage and eyewitness accounts from those present before, during and after the production of The Brothers Grimsby,” a statement from Cohen’s team said in response to Wilson’s allegations.</p> <p>On Tuesday, Rebel took to Instagram to say she was being "threatened" by Baron-Cohen over the release of such information in her book, which is set for release on April 2nd. </p> <p>Rebel named and shamed the actor, writing, “I will not be bullied or silenced with high priced lawyer or PR crisis managers. The ‘a**hole’ that I am talking about in ONE CHAPTER of my book is Sacha Baron Cohen.”</p> <p>"Now the a**hole is trying to threaten me. He’s trying to stop press coming out about my new book. But the book WILL come out and you will all know the truth.”</p> <p><em>Image credits: Getty Images </em></p>

Legal

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Mother bans in-laws from seeing her baby after they go against her wishes

<p dir="ltr">A woman has banned her in-laws from seeing her newborn daughter after they “betrayed her trust” and directly went against her wishes. </p> <p dir="ltr">The new mum shared the story to Reddit, as she explained why she was cutting contact with her husband’s parents after they pierced her child’s ears without their knowledge or consent. </p> <p dir="ltr">“My husband is from a culture where it's not uncommon to pierce baby girls' ears and his mother started pestering me about getting my daughter's ears pierced a few days after she was born,” the 32-year-old mum began. </p> <p dir="ltr">“I made it clear that I would not be doing that, and that I'd be waiting until she's old enough to ask for it herself. We live in my country where piercing a baby's ears isn't common at all.”</p> <p dir="ltr">The new mum's world soon came crashing down after the baby spent a weekend with her grandparents, before she went back to her parents red in the face and screaming. </p> <p dir="ltr">“My mother-in-law was looking after her over the weekend and decided to pierce her ears without my knowledge or consent.”</p> <p dir="ltr">“When I saw this I threw a fit. My baby was crying in pain, and I actually took her to the doctor to get their advice on whether or not to take them out.”</p> <p dir="ltr">The doctor advised the parent to take the earrings out as they were irritating the baby, but the issue didn’t end there. </p> <p dir="ltr">“I decided at that moment that my mother-in-law and everyone else on that side of the family (except for my sister-in-law, who's on my side about this) is going to have no alone contact with my daughter ever again - or at least until she's a teenager.”</p> <p dir="ltr">“My worry is that she'll do the same thing again, and to be frank, she's lost my trust entirely. I told her that if she had a problem with that, I'd report what she did to the police.”</p> <p dir="ltr">The husband of the baby girl reluctantly sided with his wife over the issue, despite saying it wasn’t a big deal and suggesting everyone move on from the incident.</p> <p dir="ltr">The story prompted a mixed response online, with some people saying the woman was overreacting and should work towards rebuilding trust with her in-laws.</p> <p dir="ltr">Others, however, had the opposite opinion, with one person saying, “Forget rebuilding trust, I'd be having them charged with assault.”</p> <p dir="ltr">Another person said, “They mutilated a child and they knew it was against the parents wishes. These people have serious problems. Not that I'd press charges, but getting holes poked in someone else's kid is a huge thing.”</p> <p dir="ltr"><em>Image credits: Getty Images </em></p>

Family & Pets

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Funding for refugees has long been politicized − punitive action against UNRWA and Palestinians fits that pattern

<p><em><a href="https://theconversation.com/profiles/nicholas-r-micinski-207353">Nicholas R. Micinski</a>, <a href="https://theconversation.com/institutions/university-of-maine-2120">University of Maine</a> and <a href="https://theconversation.com/profiles/kelsey-norman-862895">Kelsey Norman</a>, <a href="https://theconversation.com/institutions/rice-university-931">Rice University</a></em></p> <p>At least a dozen countries, including the U.S., have <a href="https://news.un.org/en/story/2024/01/1145987">suspended funding to the UNRWA</a>, the United Nations agency responsible for delivering aid to Palestinian refugees.</p> <p>This follows allegations made by Israel that <a href="https://www.wsj.com/world/middle-east/at-least-12-u-n-agency-employees-involved-in-oct-7-attacks-intelligence-reports-say-a7de8f36">12 UNRWA employees participated</a> in the Oct. 7, 2023, Hamas attack. The UNRWA responded by <a href="https://www.reuters.com/world/middle-east/un-palestinian-refugee-agency-investigates-staff-suspected-role-israel-attacks-2024-01-26/">dismissing all accused employees</a> and opening an investigation.</p> <p>While the seriousness of the accusations is clear to all, and the U.S. has been keen to <a href="https://www.nytimes.com/2024/01/30/us/politics/aid-gaza-israel.html">downplay the significance</a> of its pause in funding, the action is not in keeping with precedent.</p> <p>Western donors did not, for example, defund other U.N. agencies or peacekeeping operations amid accusations of <a href="https://www.hrw.org/news/2020/01/11/un-peacekeeping-has-sexual-abuse-problem">sexual assault</a>, <a href="https://www.justice.gov/usao-sdny/pr/former-un-general-assembly-president-and-five-others-charged-13-million-bribery-scheme">corruption</a> or <a href="https://www.hrw.org/legacy/summaries/s.bosnia9510.html">complicity in war crimes</a>.</p> <p>In real terms, the funding cuts to the UNRWA will affect <a href="https://www.unrwa.org/where-we-work/gaza-strip">1.7 million Palestinian refugees in Gaza</a> along with an additional 400,000 Palestinians without refugee status, many of whom benefit from the UNRWA’s infrastructure. Some critics have gone further and said depriving the agency of funds <a href="https://jacobin.com/2024/01/unrwa-defunding-gaza-israel">amounts to collective punishment</a> against Palestinians.</p> <p>Refugee aid, and humanitarian aid more generally, is theoretically meant to be neutral and impartial. But as experts in <a href="https://www.cambridge.org/core/books/reluctant-reception/558E2A93FF99B8F295347A8FA2053698">migration</a> <a href="https://www.routledge.com/UN-Global-Compacts-Governing-Migrants-and-Refugees/Micinski/p/book/9780367218836">and</a> <a href="https://press.umich.edu/Books/D/Delegating-Responsibility">international relations</a>, we know funding is often used as a foreign policy tool, whereby allies are rewarded and enemies punished. In this context, we believe the cuts in funding for the UNRWA fit a wider pattern of the politicization of aid to refugees, particularly Palestinian refugees.</p> <h2>What is the UNRWA?</h2> <p>The UNRWA, short for the U.N. Relief and Works Agency for Palestine Refugees in the Near East, was established two years after about <a href="https://theconversation.com/the-nakba-at-75-palestinians-struggle-to-get-recognition-for-their-catastrophe-204782">750,000 Palestinians were expelled or fled from their homes</a> during the months leading up to the creation of the state of Israel in 1948 and the subsequent Arab-Israeli war.</p> <p>Prior to the UNRWA’s creation, international and local organizations, many of them religious, provided services to displaced Palestinians. But after <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">surveying the extreme poverty</a> and dire situation pervasive across refugee camps, the U.N. General Assembly, including all Arab states and Israel, voted to create the UNRWA in 1949.</p> <p>Since that time, <a href="https://www.unrwa.org/what-we-do">the UNRWA has been the primary aid organization</a> providing food, medical care, schooling and, in some cases, housing for the 6 million Palestinians living across its five fields: Jordan, Lebanon, Syria, as well as the areas that make up the occupied Palestinian territories: the West Bank and Gaza Strip.</p> <p>The mass displacement of Palestinians – known as the <a href="https://theconversation.com/the-nakba-at-75-palestinians-struggle-to-get-recognition-for-their-catastrophe-204782">Nakba, or “catastrophe</a>” – occurred prior to the <a href="https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention">1951 Refugee Convention</a>, which defined refugees as anyone with a well-founded fear of persecution owing to “events occurring in Europe before 1 January 1951.” Despite a <a href="https://www.unhcr.org/sites/default/files/legacy-pdf/4ec262df9.pdf">1967 protocol extending the definition</a> worldwide, Palestinians are still excluded from the primary international system protecting refugees.</p> <p>While the UNRWA is responsible for providing services to Palestinian refugees, the United Nations also created the U.N. Conciliation Commission for Palestine in 1948 to seek a <a href="https://www.refworld.org/docid/4fe2e5672.html">long-term political solution</a> and “to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation.”</p> <p>As a result, the UNRWA does not have a mandate to push for the traditional durable solutions available in other refugee situations. As it happened, the conciliation commission was active only for a few years and has since been sidelined in favor of the U.S.-brokered peace processes.</p> <h2>Is the UNRWA political?</h2> <p>The UNRWA has been <a href="https://www.migrationpolicy.org/article/palestinian-refugees-dispossession">subject</a> to political headwinds since its inception and especially during periods of heightened tension between Palestinians and Israelis.</p> <p>While it is a U.N. organization and thus ostensibly apolitical, it has <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">frequently been criticized</a> by Palestinians, Israelis as well as donor countries, including the United States, for acting politically.</p> <p>The UNRWA performs statelike functions across its five fields – including education, health and infrastructure – but it is restricted in its mandate from performing political or security activities.</p> <p>Initial Palestinian objections to the UNRWA stemmed from the organization’s early focus on economic integration of refugees into host states.</p> <p>Although the UNRWA officially adhered to the U.N. General Assembly’s <a href="https://www.unrwa.org/content/resolution-194">Resolution 194</a> that called for the return of Palestine refugees to their homes, U.N., U.K. and U.S. <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">officials searched</a> for means by which to resettle and integrate Palestinians into host states, viewing this as the favorable political solution to the Palestinian refugee situation and the broader Israeli-Palestinian conflict. In this sense, Palestinians perceived the UNRWA to be both highly political and actively working against their interests.</p> <p>In later decades, the UNRWA <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">switched its primary focus</a> from jobs to education at the urging of Palestinian refugees. But the UNRWA’s education materials were <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">viewed</a> by Israel as further feeding Palestinian militancy, and the Israeli government insisted on checking and approving all materials in Gaza and the West Bank, which it has occupied since 1967.</p> <p>While Israel has <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">long been suspicious</a> of the UNRWA’s role in refugee camps and in providing education, the organization’s operation, which is internationally funded, <a href="https://www.crisisgroup.org/middle-east-north-africa/east-mediterranean-mena/israelpalestine/242-unrwas-reckoning-preserving-un-agency-serving-palestinian-refugees">also saves</a> Israel millions of dollars each year in services it would be obliged to deliver as the occupying power.</p> <p>Since the 1960s, the U.S. – UNRWA’s primary donor – and other Western countries have <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">repeatedly expressed their desire</a> to use aid to prevent radicalization among refugees.</p> <p>In response to the increased presence of armed opposition groups, the <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">U.S. attached a provision</a> to its UNRWA aid in 1970, requiring that the “UNRWA take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army (PLA) or any other guerrilla-type organization.”</p> <p>The UNRWA adheres to this requirement, even publishing an annual list of its employees so that host governments can vet them, but it also <a href="https://www.crisisgroup.org/middle-east-north-africa/east-mediterranean-mena/israelpalestine/242-unrwas-reckoning-preserving-un-agency-serving-palestinian-refugees">employs 30,000 individuals</a>, the vast majority of whom are Palestinian.</p> <p>Questions over the links of the UNRWA to any militancy has led to the rise of Israeli and international <a href="https://cufi.org/issue/unrwa-teachers-continue-to-support-antisemitism-terrorism-on-social-media-un-watch/">watch groups</a> that document the social media activity of the organization’s large Palestinian staff.</p> <h2>Repeated cuts in funding</h2> <p>The United States has used its money and power within the U.N. to block criticism of Israel, vetoing at least <a href="https://www.un.org/depts/dhl/resguide/scact_veto_table_en.htm">45 U.N. resolutions</a> critical of Israel.</p> <p>And the latest freeze is not the first time the U.S. has cut funding to the UNRWA or other U.N. agencies in response to issues pertaining to the status of Palestinians.</p> <p>In 2011, the <a href="https://www.reuters.com/article/idUSTRE79U5ED/#:%7E:text=WASHINGTON%20(Reuters)%20%2D%20The%20United,grant%20the%20Palestinians%20full%20membership.">U.S. cut all funding to UNESCO</a>, the U.N. agency that provides educational and cultural programs around the world, after the agency voted to admit the state of Palestine as a full member.</p> <p>The Obama administration defended the move, claiming it was required by a 1990s law to defund any U.N. body that admitted Palestine as a full member.</p> <p>But the impact of the action was nonetheless severe. Within just four years, UNESCO was <a href="https://onlinelibrary.wiley.com/doi/full/10.1111/1758-5899.12459">forced to cut its staff in half</a> and roll back its operations. President Donald Trump later <a href="https://www.pbs.org/newshour/politics/u-s-and-israel-officially-withdraw-from-unesco">withdrew the U.S. completely from UNESCO</a>.</p> <p>In 2018, the Trump administration paused its <a href="https://www.nytimes.com/2018/08/31/us/politics/trump-unrwa-palestinians.html">US$60 million contribution to the UNRWA</a>. Trump claimed the pause would create political pressure for Palestinians to negotiate. President Joe Biden restarted U.S. contributions to the UNRWA in 2021.</p> <h2>Politicization of refugee aid</h2> <p>Palestinian are not the only group to suffer from the politicization of refugee funding.</p> <p>After World War II, states established different international organizations to help refugees but strategically excluded some groups from the refugee definition. For example, the U.S. funded the <a href="https://www.nationalww2museum.org/war/articles/last-million-eastern-european-displaced-persons-postwar-germany">U.N. Relief and Rehabilitation Administration to help resettle displaced persons after World War II</a> but resisted Soviet pressure to forcibly repatriate Soviet citizens.</p> <p>The U.S. also created a separate organization, <a href="https://academic.oup.com/ijrl/article-abstract/1/4/501/1598187">the precursor to the International Organization for Migration</a>, to circumvent Soviet influence. In many ways, the UNRWA’s existence and the exclusion of Palestinian refugees from the wider refugee regime parallels this dynamic.</p> <p>Funding for refugees has also been politicized through the earmarking of voluntary contributions to U.N. agencies. Some agencies receive funding from U.N. dues; but the UNRWA, alongside the U.N. High Commissioner for Refugees and the International Organization for Migration, receive the majority of their funding from voluntary contributions from member states.</p> <p>These contributions can be earmarked for specific activities or locations, leading to donors such as the <a href="https://www.peio.me/wp-content/uploads/2019/01/PEIO12_paper_107.pdf">U.S. or European Union dictating which refugees get aid and which do not</a>. Earmarked contributions amounted to nearly <a href="https://unsceb.org/fs-revenue-agency">96% of the UNHCR’s budget, 96% of the IOM’s budget and 74% of UNRWA funding in 2022</a>.</p> <p>As a result, any cuts to UNRWA funding will affect its ability to service Palestinian refugees in Gaza – especially at a time when so many are <a href="https://www.cnn.com/2024/01/30/middleeast/famine-looms-in-gaza-israel-war-intl/index.html">facing hunger, disease and displacement</a> as a result of war.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/222263/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/nicholas-r-micinski-207353"><em>Nicholas R. Micinski</em></a><em>, Assistant Professor of Political Science and International Affairs, <a href="https://theconversation.com/institutions/university-of-maine-2120">University of Maine</a> and <a href="https://theconversation.com/profiles/kelsey-norman-862895">Kelsey Norman</a>, Fellow for the Middle East, Rice University's Baker Institute for Public Policy, <a href="https://theconversation.com/institutions/rice-university-931">Rice University</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/funding-for-refugees-has-long-been-politicized-punitive-action-against-unrwa-and-palestinians-fits-that-pattern-222263">original article</a>.</em></p>

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"Pathetic": Council slammed after move against FREE health program

<p>A woman who runs a free mental health yoga program has been ordered to pay the council $10,000 because her classes at St Kilda beach in Melbourne have become too popular. </p> <p>The City of Port Phillip Council was slammed for their actions after they told Eliza Hilmer she must pay them hundreds of dollars  per session for her <em>Feel Good Flows </em>classes.</p> <p>Hilmer, who does not make a profit from the classes, said she started the program during the pandemic to help people manage their mental health. </p> <p>“I play by the rules as much as I can,”  Hilmer told <em>Yahoo News</em>, adding that she acquired personal trainer permit as requested by the council. </p> <p>“We’ve been operating as an outdoor gathering for mental health practices more than anything, and it’s been really incredible." </p> <p>The classes, which initially attracted a few people, has gained a bit of traction with around 50 to 80 regular attendees. </p> <p>Hilmer encourages her attendees to leave a donation and provides free hot drinks and a live musician at the biweekly sessions. </p> <p>Because of its popularity, the council have classified <em>Feel Good Flows </em>as a commercial event, as the classes exceed the number of people covered by Hilmer's personal training license, and she was ordered to pay $400 a session. </p> <p>Hilmer was also given the option to cap the sessions at 15 people a time, but she said that "this isn't an option" as “many vulnerable people” rely on the service.</p> <p>With Hilmer having to pay three months upfront to keep classes running, the total adds up to $10,000, and locals are furious. </p> <p>"Another pathetic decision by useless bureaucrats,” one wrote on social media. </p> <p>“This council is being very mean spirited. Leave her alone!!”</p> <p>“Keep on going love don’t bow to the council,” a third added. </p> <p>Despite the outrage and being asked to pay to host her free yoga sessions, Hilmer remains positive. </p> <p>“I don’t want to fight,” she said.</p> <p>“The council can be the solution”.</p> <p>Port Phillip Mayor Heather Cunsolo replied saying that while she was "delighted" to see so many taking part in yoga sessions, "the business needs to adhere to its Personal Training Licence" to "ensure our popular public spaces remain available, safe and enjoyable for everyone." </p> <p>“We encourage Feel Good Flows to look at hosting additional yoga sessions on the foreshore to support its growing popularity," the <span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">Port Phillip </span><span style="font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;">mayor said. </span></p> <p>“Other businesses operating along the foreshore pay a licence fee for the use of public open space and adhere to the 15 person limit per session.</p> <p>"These capacity limits help provide fair access for many businesses operating with a Personal Training Licence, while minimising any potential disruption for visitors to our foreshore." </p> <p>She added that she has been in contact with  Feel Good Flows, and are happy to discuss details further. </p> <p>"If the petition is sent to Council the matter will be heard in the Council Chamber.”</p> <p><em>Images: Instagram</em></p>

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Lip reader provides evidence against Bruce Lehrmann

<p>A lip-reading expert has provided key evidence in Bruce Lehrmann's defamation trial against Network Ten, revealing what he believes was said between Lehrmann and Brittany Higgins on the night of the alleged rape. </p> <p>British lip reader Tim Reedy, a forensic lip reader who has previously worked for <em>The Sunday Times</em> to translate video of Royals speaking at funerals and weddings, has been grilled after deciphering what was said between the pair at a pub in Canberra. </p> <p>Reedy, who became profoundly deaf as a child, claimed that Bruce Lehrmann told Brittany Higgins that several drinks on a table on the night of her alleged rape were “all hers, all hers”.</p> <p>He explained he was “very certain that this is what was said” and the phrases were “more than 50 per cent” accurate.</p> <p>Mr Lehrmann’s barrister Steve Whybrow posed a series of questions over his claim that his client had said “Drink that all now”, and that Ms Higgins had said “I don’t want to”.</p> <p>“What I wanted to ask you, consistent with what you say in your appendix about how you go about lip reading, you took into account the context, which included your assessment that the man was plying her with drinks, is that correct?” Mr Whybrow asked.</p> <p>Reedy stood by his assessment, sharing that he  he had watched the video intently over a three-day period, saying he was able to use Apple technology to “fine tune” the images and had “the luxury” of going back and watching the footage repeatedly.</p> <p>At the conclusion of Mr Reedy’s evidence, Mr Lehrmann’s barrister Steve Whybrow argued it should not be admitted as evidence.</p> <p>Justice Lee disagreed with Mr Whybrow, saying: “I accept that lip reading is not perfect, but the guide for the admissibility of expert evidence is not a council of perfection. One has to take areas of specialised knowledge as one finds them.”</p> <p>“I do not think I should exclude the evidence. But the matters raised by Mr Whybrow are best seen through the prism of the ultimate weight to be given to the material. Accordingly I accept the tender of the material.”</p> <p>In the opening days of the trial, Network Ten barrister Matt Collins KC flagged flagged the lip reader's evidence, as he put to Mr Lehrmann some of the lip-reader's claims during cross examination.</p> <p>“You said to her ‘Drink that all now’, Dr Collins suggested.</p> <p>“I would just completely disagree with that,’’ Mr Lehrmann replied.</p> <p>“She responded, ‘I don’t want to’?” Collins asked.</p> <p>“I don’t recall that ever taking place, no,’’ Mr Lehrmann said.</p> <p>“You were encouraging Ms Higgins to get drunk,” Ten’s barrister Matthew Collins KC said during cross-examination.</p> <p>“No,” Lehrmann replied.</p> <p><em>Image credits: 7 Spotlight / Getty Images</em></p> <div class="media image side-by-side" style="caret-color: #000000; color: #000000; font-style: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; text-decoration: none; box-sizing: inherit; margin-bottom: 24px; display: flex; flex-direction: column; align-items: center; width: 705.202209px; max-width: 100%;"> </div>

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Baby boomers fight back against "self-entitled whingeing generations"

<p>Angry baby boomers have hit back at young Australians for continuing to blame the ageing population for the current housing crisis. </p> <p>A group of disgruntled seniors have shared their thoughts with the <a href="https://www.smh.com.au/national/blaming-baby-boomers-for-your-money-woes-is-unfair-lazy-and-wrong-20231127-p5en21.html" target="_blank" rel="noopener"><em>Sydney Morning Herald</em></a> about the "self-entitled" young Australians, who are facing never-before-seen financial and social barriers to break into the housing market. </p> <p>The open letters come in the wake of Census data showing empty-nesters are hanging on to their big homes in inner-city suburbs, while young families are struggling to find suitable housing while also battling mortgage stress and renters are getting relentlessly price-gouged. </p> <p>Despite the current system disproportionately affecting younger Australians, boomers have hit back at universal claims that they had it easier back in the day. </p> <p>"We bought and paid for these homes; it's not our job to house the next generations, it's the government's," explained Kathleen Kyle in a letter to the <em>Sydney Morning Herald</em>. </p> <p>"Nobody questions people who spend their money on lovely cars or antiques, or suggests that they don't need them any more."</p> <p>In another letter, Kathy Willis from Kew near Port Macquarie wrote, "Boomers have worked very hard to get what they have, having brought up their families in these homes."</p> <p>"I suggest the discourse be directed to people such as town planners, local councils and state governments for their lack of vision in the past, and what the present authorities are going to do about it – and of course, the taxpayers' expense."</p> <p>Suzanne Hopping from Redfern, Sydney, wrote that she could no longer stay silent on "boomer bashing" from "self-entitled whingeing generations".</p> <p>"I bought my first home when I was 39 in an undesirable suburb. Buying a home (at 17.5 per cent interest) was as difficult then as it is today."</p> <p>"When I left home I had no expectations of ever being able to afford to buy a place of my own."</p> <p>"Self-entitled whingeing generations, if you don't like what you see, do something positive about it. Each generation has its unique problems, stop the moralising."</p> <p>Wendy Cousins from Balgownie NSW wrote that "boomer bashing" is futile, adding, "Why encourage resentment of boomers because many choose to stay in their homes? This will not free up any housing."</p> <p>"Many have already downsized and those who haven't, have a variety of reasons why they don't. We have enough division in our society without the constant boomer bashing."</p> <p>Despite the views of many disgruntled boomers, University of Melbourne Professor Allan Fels, an economist and mental health advocate, said figures show beyond a doubt that life is much tougher for the younger generation, and basic economics prove it is much harder for them to buy a house.</p> <p>"We baby boomers have had it a lot easier than the new generation of young people," he told <a href="https://www.dailymail.co.uk/news/article-12793605/Boomers-hit-self-entitled-whingeing-young-Aussies-reveal-theyre-not-blame-housing-crisis.html" target="_blank" rel="noopener"><em>Daily Mail Australia</em></a>.</p> <p>"They face a future of much less home ownership and associated mental health stability. The mere fact they are missing out is a cause of stress."</p> <p>"The trend of rising prices adds to the stress because many used to think that they could buy their own house but they keep missing out because prices are continually rising just beyond their grasp."</p> <p><em>Image credits: Shutterstock</em></p>

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"I couldn't save her": Husband's heartbreaking warning against weight loss drugs

<p>A grieving father has issued a desperate plea against using weight loss drugs after his wife passed away from possible side effects just months into her treatment. </p> <p>Roy Webster told <em>60 Minutes</em> that his wife Trish simply wanted to lose weight before their daughter's wedding, so she decided to take Ozempic - a drug which was originally designed to treat diabetes, but is now being prescribed as a weight loss drug. </p> <p>The 56-year-old mother lost 16 kilos from taking Ozempic and another weight loss drug, Saxenda, but she was also frequently ill and in January "something went seriously wrong".</p> <p>"I couldn't save her, that's the hard part," Webster said. </p> <p>"If I knew that could happen, she wouldn't have been taking it."</p> <p>The heartbroken Aussie father added that his wife tragically passed away in his arms. </p> <p>"She had a little bit of brown stuff coming out of her mouth and I realised she wasn't breathing, and started doing CPR," he said.</p> <p>"It was just pouring out and I turned her onto the side because she couldn't breathe." </p> <p>Trish's death certificate reveals that her cause of death was an acute gastrointestinal illness, although there isn't a direct link to weight loss drugs, Webster believes that they contributed to his wife's death. </p> <p>"I never thought you could die from it," he warned other Aussies. </p> <p>In the same interview with <em>60 Minutes</em>, Endocrinologist Dr Kathryn William, said that there's "growing evidence the active ingredient in drugs like Ozempic can cause digestive complications."</p> <p>"When we prescribe them, we warn people," she said.</p> <p>"So if I say to someone, 'yes, it might be that you do vomit once or twice, but if you are having recurrent vomiting, you need to let me know and you need to stop the medication'."</p> <p>The Therapeutic Goods Administration (TGA) in Australia is investigating local cases and encourages people like Webster to report their concerns. </p> <p>Webster also reportedly wants a coronial inquest to examine his wife's death.</p> <p>"She shouldn't be gone, you know," he said. "It's just not worth it, it's not worth it at all."</p> <p><em>Image: 60 Minutes</em></p>

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Can Israel and Hamas be held to account for alleged crimes against civilians?

<p><em><a href="https://theconversation.com/profiles/amy-maguire-129609">Amy Maguire</a>, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a></em></p> <p><a href="https://www.redcross.org.au/ihl/">International humanitarian law</a> – the law of armed conflict – aims to constrain how wars are fought. It is designed to protect noncombatants and limit the means of warfare.</p> <p>As each hour brings news of further horror in the Israel-Hamas conflict, what role should international law be playing? And does it actually have any capacity to constrain the behaviour of the combatants?</p> <h2>A humanitarian nightmare is unfolding</h2> <p>On <a href="https://edition.cnn.com/2023/10/16/middleeast/israel-hamas-gaza-war-explained-week-2-mime-intl/index.html">October 7</a>, the Hamas militant group launched thousands of rockets against Israel in advance of a ground attack. Militants <a href="https://abcnews.go.com/International/live-updates/israel-gaza-hamas/?id=103804516#:%7E:text=ABC%20News%20Chief%20Global%20Affairs,war%20in%20Israel%20and%20Gaza.&amp;text=At%20least%201%2C400%20people%20have,7%2C%20Israeli%20authorities%20said.">killed</a> more than 1,400 people and wounded 3,400 others in towns and kibbutzim across southern Israel. It was the <a href="https://theconversation.com/deadliest-day-for-jews-since-the-holocaust-spurs-a-crisis-of-confidence-in-the-idea-of-israel-and-its-possible-renewal-215507">deadliest day</a> for Jewish people since the Holocaust.</p> <p>Most of those killed were civilians, including many <a href="https://abcnews.go.com/International/horror-israeli-authorities-show-footage-hamas-atrocities-reporters-notebook/story?id=104015431#:%7E:text=It%20was%20part%20of%20the,injured%20in%20Israel%2C%20authorities%20said.">children</a> who were shot, blown up or burned to death. Hundreds of young people were also <a href="https://www.washingtonpost.com/world/2023/10/08/israel-festival-attack-gaza-militants/">massacred</a> at a music festival, and Hamas took around 200 <a href="https://www.reuters.com/world/middle-east/former-hamas-chief-meshaal-says-israeli-captives-include-high-ranking-officers-2023-10-16/">hostages</a> back to Gaza.</p> <p>Israel is responding to this attack with <a href="https://abcnews.go.com/International/live-updates/israel-gaza-hamas/?id=103804516#:%7E:text=ABC%20News%20Chief%20Global%20Affairs,war%20in%20Israel%20and%20Gaza.&amp;text=At%20least%201%2C400%20people%20have,7%2C%20Israeli%20authorities%20said.">airstrikes</a>, which have to date <a href="https://www.wsj.com/livecoverage/israel-hamas-war-gaza-palestinians/card/latest-death-tolls-in-gaza-and-israel-xJRhBt04VQMocRuYUtsA">killed</a> at least 4,000 people in Gaza and injured thousands more. The vast majority of these casualties are Palestinian civilians.</p> <p>Israel has also rapidly mobilised around <a href="https://www.washingtonpost.com/world/2023/10/10/israel-military-draft-reservists/">360,000 reservists</a> in preparation for an anticipated ground offensive on Gaza.</p> <p>In recent days, a blast at a <a href="https://www.nytimes.com/2023/10/17/world/middleeast/gaza-hospital-explosion-israel.html">Gaza hospital</a> killed hundreds, including patients and displaced people seeking sanctuary. Hamas and several Arab states have <a href="https://www.theguardian.com/world/2023/oct/18/israel-faces-blame-from-regional-allies-over-gaza-hospital-deaths">blamed</a> Israel for the explosion, while Israel has <a href="https://www.nytimes.com/2023/10/17/world/middleeast/islamic-jihad-gaza-hospital-israel.html">blamed</a> Palestinian Islamic Jihad.</p> <p>The situation in Gaza is dire for people with urgent needs, including <a href="https://www.abc.net.au/news/2023-10-18/israel-gaza-war-live-updates-october-18/102989182?utm_campaign=abc_news_web&amp;utm_content=link&amp;utm_medium=content_shared&amp;utm_source=abc_news_web#live-blog-post-55243">5,000 women</a> due to give birth this month and <a href="https://www.nytimes.com/2023/10/16/world/middleeast/gaza-evacuation-twin-babies-hospital.html#:%7E:text=The%20babies%2C%20Nuha%20and%20Fatin,of%20an%20Israeli%20ground%20invasion.">newborn babies</a> whose families cannot find drinking water to prepare formula.</p> <p>Meanwhile, Israel has <a href="https://www.theguardian.com/world/2023/oct/12/no-power-water-or-fuel-to-gaza-until-hostages-freed-says-israeli-minister">cut off</a> water, electricity and fuel supplies to Gaza and ordered a <a href="https://theconversation.com/gaza-is-being-strangled-why-israels-evacuation-order-violates-international-law-215787">total siege</a> of the territory. Israel has also ordered residents of northern Gaza to <a href="https://www.hrw.org/news/2023/10/16/why-israels-gaza-evacuation-order-so-alarming">evacuate</a> to the south. Aid agencies have been unable to provide desperately needed <a href="https://time.com/6324539/israel-gaza-humanitarian-aid-egypt-border/">humanitarian assistance</a> to civilians through the border crossing with Egypt.</p> <p>Prior to this latest horrific escalation, Gaza was already entrenched in a <a href="https://theconversation.com/gaza-has-been-blockaded-for-16-years-heres-what-a-complete-siege-and-invasion-could-mean-for-vital-supplies-215359">humanitarian crisis</a>. The situation now is beyond comprehension.</p> <p><a href="https://www.abc.net.au/listen/programs/radionational-breakfast/gaza-610/102983118">Léo Cans</a>, the head of mission for Doctors Without Borders in Palestine, said hospitals are being overwhelmed and hundreds will die without electricity being restored: "This is something that is known and could be prevented just by letting fuel and supplies inside Gaza. What is ahead of us is beyond words […] at the end of the road it’s a big wall, and this big wall is full of dead people."</p> <h2>Principles governing the conduct of war</h2> <p>International humanitarian law is a pragmatic body of law. Its existence acknowledges the inevitability of armed conflict and it aims to mitigate war’s impact on people.</p> <p>International humanitarian law is not, in itself, concerned with the justifications for why combatants engage in war. It applies even in situations where a state is entitled to act in self-defence under broader international law.</p> <p>We are witnessing gross violations of fundamental humanitarian law principles in the conflict. Here are some examples:</p> <p><strong>Distinction between civilians and combatants</strong></p> <p>Attacks are considered <a href="https://ihl-databases.icrc.org/en/ihl-treaties/api-1977/article-51">unlawful</a> if they are:</p> <ul> <li> <p>directed specifically against civilians</p> </li> <li> <p>launched indiscriminately without distinction between civilians and combatants</p> </li> <li> <p>or directed at military targets but anticipated to cause harm to civilians disproportionate to the military advantage being sought.</p> </li> </ul> <p><strong>Methods of warfare</strong></p> <p>It is <a href="https://casebook.icrc.org/law/conduct-hostilities#iii_1">unlawful</a> to conduct war in a manner that causes unnecessary suffering. Attacks targeting civilians are fundamentally unnecessary and, therefore, illegal.</p> <p><strong>Collective punishment</strong></p> <p>The fourth Geneva Convention prohibits <a href="https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949/article-33">collective punishment</a>: "No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited."</p> <p>This prohibition reflects the idea of <a href="https://guide-humanitarian-law.org/content/article/3/collective-punishment/">individual criminal responsibility</a> under international criminal law. Prosecutions for breaches of humanitarian law are directed towards individuals who can be proven responsible, rather than against states or populations.</p> <p><strong>Humanitarian protection</strong></p> <p>Common Article 3 of the Geneva Conventions requires <a href="https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm">humane protection</a> for all people in enemy hands. It prohibits murder and hostage-taking. It also requires the provision of humanitarian assistance to all people without distinction.</p> <p><strong>Obligations of occupying powers</strong></p> <p>It is arguable Israel is a de facto occupying power of the Gaza Strip because it has such a <a href="https://theconversation.com/gaza-is-being-strangled-why-israels-evacuation-order-violates-international-law-215787">high level of control</a> over people’s lives. For example, it has the ability to shut off supplies of essential life services. The argument Israel is occupying Gaza will be strengthened should Israel launch a ground invasion.</p> <p>As such, the rules of international humanitarian law on occupiers are also relevant. These include an obligation to <a href="https://ihl-databases.icrc.org/en/ihl-treaties/hague-conv-iv-1907/regulations-art-43#:%7E:text=Regulations%3A%20Art.-,43,in%20force%20in%20the%20country.">protect</a> civilians from attacks and <a href="https://humanrights.gov.au/our-work/commission-general/international-covenant-civil-and-political-rights-human-rights-your#:%7E:text=opinions%20without%20interference.-,2.,other%20media%20of%20his%20choice.">respect their human rights</a>.</p> <h2>Hamas and humanitarian law</h2> <p>International humanitarian law applies to all combatants, whether they are state or non-state actors. UN independent experts say Hamas has clearly committed <a href="https://www.ohchr.org/en/press-releases/2023/10/israeloccupied-palestinian-territory-un-experts-deplore-attacks-civilians">war crimes</a>, including the murders and hostage-taking of Israeli civilians.</p> <p>Hamas also put Palestinian civilians in harm’s way by <a href="https://www.reuters.com/world/middle-east/hamas-tells-gaza-residents-stay-home-israel-ground-offensive-looms-2023-10-13/#:%7E:text=Eyad%20Al%2DBozom%2C%20spokesman%20for,your%20homes%2C%20and%20your%20places.">telling them</a> not to evacuate to southern Gaza, as ordered by Israel. The group has a history of using civilians as <a href="https://theconversation.com/how-the-laws-of-war-apply-to-the-conflict-between-israel-and-hamas-215493">human shields</a> as a <a href="https://stratcomcoe.org/cuploads/pfiles/hamas_human_shields.pdf">strategic tool</a> in conflicts with Israel.</p> <p>However, holding Hamas accountable for violating international humanitarian law is very challenging. As a non-state actor, Hamas is not a member of forums like the United Nations, where pressure may be brought to bear on member states.</p> <p>If individual Hamas militants are apprehended, they could be charged with <a href="https://www.thenewhumanitarian.org/interview/2023/10/17/how-have-israel-and-hamas-broken-laws-war">war crimes</a> and tried in Israeli courts or the International Criminal Court. Even though Hamas is a non-state actor, <a href="https://www.icc-cpi.int/victims/state-palestine">Palestine</a> has accepted the court’s jurisdiction.</p> <p>In fact, the International Criminal Court opened an <a href="https://www.lawfaremedia.org/article/where-does-the-icc-palestine-investigation-stand">investigation</a> into alleged war crimes in Palestine in 2021. The current Gaza conflict would fall within the court’s mandate and could lead it to direct greater energy to that ongoing investigation.</p> <p>The court’s chief prosecutor, Karim Khan, said on October 13: "We have jurisdiction for any Rome Statute crimes […] committed by Palestinians in Israel and also we have clear jurisdiction for any crimes committed by the forces of Israel in Palestine."</p> <h2>Israel and humanitarian law</h2> <p>Israel and its allies also have a complex relationship with international humanitarian law.</p> <p>One key issue is Israel’s right to self-defence in response to the October 7 attack by Hamas. International law confirms a state may use force to <a href="https://casebook.icrc.org/a_to_z/glossary/self-defence#:%7E:text=Self%2Ddefense%20in%20international%20law,Charter%20and%20customary%20international%20law.">defend</a> itself in response to an armed attack. Israel, the United States and other allies <a href="https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/10/10/remarks-by-president-biden-on-the-terrorist-attacks-in-israel-2/">contend</a> the Hamas attack triggered Israel’s <a href="https://www.foreignminister.gov.au/minister/penny-wong/speech/speech-senate-hamas-attacks-israel-senate-motion-parliament-house">right to self-defence</a>.</p> <p>But there is a distinction to be drawn between a state’s right to self-defence and what that right permits, in the sense of how war is conducted.</p> <p>For example, UN independent experts have <a href="https://www.ohchr.org/en/press-releases/2023/10/israeloccupied-palestinian-territory-un-experts-deplore-attacks-civilians">condemned</a> Israel’s “indiscriminate military attacks” against Palestinian civilians: "This amounts to collective punishment. There is no justification for violence that indiscriminately targets innocent civilians, whether by Hamas or Israeli forces. This is absolutely prohibited under international law and amounts to a war crime."</p> <p>Neither <a href="https://arabcenterdc.org/resource/the-international-criminal-courts-failure-to-hold-israel-accountable/">Israel</a> nor the <a href="https://www.hrw.org/news/2020/09/02/qa-international-criminal-court-and-united-states">United States</a> is a party to the International Criminal Court. Neither state would accept the court’s jurisdiction over its nationals. Indeed, the United States has <a href="https://www.state.gov/the-united-states-opposes-the-icc-investigation-into-the-palestinian-situation/">condemned</a> the court’s decision to open its investigation into alleged war crimes in Palestine.</p> <p>In time, the court may seek to hold Israeli nationals accountable for war crimes, but its capacity to do so seems very limited.</p> <h2>What about the United Nations?</h2> <p>UN Secretary-General Antonio Guterres has <a href="https://www.voanews.com/a/un-s-guterres-denounces-collective-punishment-of-palestinians/7315616.html">called</a> for an immediate ceasefire.</p> <p>He said the grievances of the Palestinian people after more than 50 years of occupation do not “justify the acts of terror committed by Hamas”. And he said the Hamas attack on October 7 does not “justify the collective punishment of the Palestinian people”.</p> <p>UN human rights chief Volker Türk has also <a href="https://www.ctvnews.ca/world/un-human-rights-lead-warns-of-consequences-for-breaching-humanitarian-law-amid-israel-hamas-war-1.6605453">warned</a> all parties that violations of humanitarian law will have consequences, and those who commit war crimes will be held accountable.</p> <p>But the <a href="https://www.un.org/securitycouncil/#:%7E:text=The%20Security%20Council%20has%20primary,to%20comply%20with%20Council%20decisions.">UN Security Council</a>, which is charged with maintaining international peace and security, has yet to agree on a <a href="https://news.un.org/en/story/2023/10/1142467">statement</a> on the conflict.</p> <p>The <a href="https://reliefweb.int/report/occupied-palestinian-territory/4-members-favour-5-against-security-council-rejects-russian-federations-resolution-calling-immediate-humanitarian-ceasefire-israel-palestine-crisis">debate</a> in the council since the latest escalation in this perpetual conflict demonstrates the deep diplomatic fault lines between the key global players and the warring parties.</p> <p>At this point, a sad reality is that international law and global institutions can do little to constrain the actions of the combatants on both sides or provide assistance to the millions at grave risk of harm.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/215705/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/amy-maguire-129609"><em>Amy Maguire</em></a><em>, Associate Professor in Human Rights and International Law, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a></em></p> <p><em>Image credits: Getty Images</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/can-israel-and-hamas-be-held-to-account-for-alleged-crimes-against-civilians-215705">original article</a>.</em></p>

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Explainer: Australia has voted against an Indigenous Voice to Parliament. Here’s what happened

<p><em><a href="https://theconversation.com/profiles/amy-maguire-129609">Amy Maguire</a>, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a></em></p> <p>A majority of Australian voters have rejected the proposal to establish an Aboriginal and Torres Strait Islander Voice to Parliament, with the final results likely to be about 40% voting “yes” and 60% voting “no”.</p> <h2>What was the referendum about?</h2> <p>In this referendum, Australians were asked to vote on whether to establish an Aboriginal and Torres Strait Islander <a href="https://voice.gov.au/referendum-2023/referendum-question-and-constitutional-amendment">Voice</a> to Parliament. The Voice was proposed as a means of recognising Aboriginal and Torres Strait Islander peoples as the <a href="https://aiatsis.gov.au/explore/australias-first-peoples">First Peoples of Australia</a> in the Constitution.</p> <p>The Voice proposal was a modest one. It was to be an advisory body for the national parliament and government. Had the referendum succeeded, Australia’s Constitution would have been amended with a new section 129:</p> <blockquote> <p>In recognition of Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia:</p> <p>i. there shall be a body, to be called the Aboriginal and Torres Strait Islander Voice</p> <p>ii. the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples</p> <p>iii. the Parliament shall, subject to this Constitution, have power to make laws with respect to matters relating to the Aboriginal and Torres Strait Islander Voice, including its composition, functions, powers and procedures.</p> </blockquote> <p>This proposal was drawn from the <a href="https://ulurustatement.org/the-statement/view-the-statement/">Uluru Statement from the Heart</a> from 250 Indigenous leaders, which called for <a href="https://deadlystory.com/page/culture/Annual_Days/NAIDOC_Week/NAIDOC_2019/Hey_you_Mob_it_s_NAIDOC_week#:%7E:text=The%20statement%20outlines%20a%20need,see%20below%20for%20more%20information">three phases of reform</a> - Voice, followed by Treaty and Truth -telling about Australia’s colonial history. The proposal was for constitutional change to ensure the Voice would not be abolished by government in future, as previous Indigenous bodies have been.</p> <h2>How did Australians vote?</h2> <p>Voting is <a href="https://www.aec.gov.au/about_aec/publications/voting/">compulsory</a> in Australia. Every eligible Australian citizen over 18 years of age is obliged to vote in elections and referendums. Australia has one of the <a href="https://peo.gov.au/understand-our-parliament/your-questions-on-notice/questions/how-many-people-voted-in-the-last-election/#:%7E:text=According%20to%20the%20Australian%20Electoral,voter%20turnouts%20in%20the%20world.">highest rates of voter turn out</a> in the world - over 90% of those eligible have voted in every national election since compulsory voting was introduced in 1924.</p> <p>Australia has a written <a href="https://www.legislation.gov.au/Details/C2013Q00005">Constitution</a>. A successful referendum vote is required to <a href="https://www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/Practice7/HTML/Chapter1/Constitution_alteration">change</a> the Constitution in any way.</p> <p>To succeed, a referendum proposition requires a <a href="https://voice.gov.au/referendum-2023/how-referendum-works#:%7E:text=For%20a%20referendum%20to%20be,4%20out%20of%206%20states.">double majority</a>. This means it must be agreed to by a majority of voters, and a majority of states. Australia has six <a href="https://digital-classroom.nma.gov.au/images/map-australia-showing-states-and-territories">states</a>, so at least four must have a majority of voters in favour for a referendum to succeed.</p> <p>Australia also has two territories - individuals in the <a href="https://theconversation.com/state-and-territory-ballots-will-be-counted-differently-at-the-voice-referendum-is-that-fair-212703">territories</a> contribute to the overall vote, but the territories do not count towards the majority of states.</p> <p>It’s very difficult to achieve constitutional change in Australia. Since federation in 1901, 45 questions have been put to Australian voters in <a href="https://www.aec.gov.au/elections/referendums/referendum_dates_and_results.htm">referendums</a>. Only eight of those have succeeded.</p> <p>In the Voice referendum, only the Australian Capital Territory voted “yes” by majority. A <a href="https://tallyroom.aec.gov.au/ReferendumNationalResults-29581.htm">clear majority</a> of the national electorate voted “no”. All states returned majority “no” results.</p> <p>Aboriginal and Torres Strait Islander people constitute <a href="https://www.abs.gov.au/statistics/people/aboriginal-and-torres-strait-islander-peoples/estimates-aboriginal-and-torres-strait-islander-australians/latest-release#:%7E:text=Data%20downloads-,Key%20statistics,Queensland%20and%20Western%20Australia%20combined.">3.8% of Australia’s population</a>. Government members claimed on ABC TV in the referendum coverage that polling booths including high proportions of Indigenous voters, for example Palm Island in Queensland, returned high “yes” votes. However, in a majoritarian democracy like Australia, such a small proportion of the national population cannot dictate the outcome of a national poll.</p> <p>Importantly, the Voice referendum did not have unanimous support across the two main political parties in Australia. The Labor government <a href="https://theconversation.com/were-all-in-declares-an-emotional-albanese-as-he-launches-the-wording-for-the-voice-referendum-202435">announced</a> and has campaigned for “yes”. The leader of the opposition, Liberal Queensland MP <a href="https://www.abc.net.au/news/2023-09-05/peter-dutton-voice-to-parliament-yes-no-vote-referendum/102797582">Peter Dutton</a>, campaigned strongly against the referendum proposal.</p> <h2>What happens now?</h2> <p>The government is bound to abide by the referendum result. Prime Minister Anthony Albanese has confirmed that his government <a href="https://www.theguardian.com/australia-news/2023/oct/08/labor-wont-try-to-legislate-indigenous-voice-if-referendum-fails-albanese-says#:%7E:text=The%20prime%20minister%2C%20Anthony%20Albanese,away%20from%20the%20voice%20altogether%3F%E2%80%9D">will not seek to legislate a Voice</a> as an alternative to the constitutional model.</p> <p>Albanese, conceding the failure of the referendum, <a href="https://www.abc.net.au/news/2023-10-14/live-updates-voice-to-parliament-referendum-latest-news/102969568">said</a>: “Tomorrow we must seek a new way forward”. He called for a renewed focus on doing better for First Peoples in Australia.</p> <p>The referendum outcome represents a major loss for the government. But much more important than that will be the negative impacts of the campaign and loss on Aboriginal and Torres Strait Islander people.</p> <p>On ABC TV, Arrernte/Luritja woman <a href="https://www.snaicc.org.au/about/contact/staff-bios/">Catherine Liddle</a> called for a renewed focus on truth-telling and building understanding of Australia’s history across the population. She said the failure of the referendum reflected a lack of understanding about the lives and experiences of Indigenous people in Australia.</p> <p>“Yes” campaign advocates reported <a href="https://www.smh.com.au/politics/federal/we-are-tired-victorian-yes-advocates-devastated-as-no-vote-refuses-voice-20231012-p5ebse.html">devastation</a> at the <a href="https://www.theguardian.com/australia-news/2023/oct/14/australian-voters-reject-proposal-for-indigenous-voice-to-parliament-at-historic-referendum">outcome</a>. Sana Nakata, writing <a href="https://theconversation.com/the-political-subjugation-of-first-nations-peoples-is-no-longer-historical-legacy-213752">here</a>, said: “now we are where we have always been, left to build our better futures on our own”.</p> <p>Some First Nations advocates, including Victorian independent Senator <a href="https://www.aljazeera.com/news/2023/8/16/lidia-thorpe-says-australias-voice-referendum-should-be-called-off">Lidia Thorpe</a> - a Gunnai, Gunditjmara and Djab Wurrung woman - argued the Voice proposal lacked substance and that the referendum should not have been held. Advocates of a “<a href="https://www.sbs.com.au/news/the-feed/article/these-progressive-no-campaigners-are-looking-beyond-the-vote-heres-what-they-want/tdyj2ilx6">progressive no</a>” vote (who felt the Voice didn’t go far enough) will continue to call for recognition of continuing First Nations sovereignty and self-determination through processes of treaty and truth-telling.</p> <p>The information landscape for Australian voters leading up to this referendum was murky and difficult to navigate. The Australian Electoral Commission published a <a href="https://www.aec.gov.au/media/disinformation-register-ref.htm">disinformation register</a>. <a href="https://www.sbs.com.au/news/article/extremely-politicised-and-very-worrying-how-misinformation-about-the-voice-spread/w9sl4pzba">Misinformation and lies</a>, many circulated through social media, have influenced the decision-making of a proportion of voters.</p> <p>It’s open to question whether constitutional change of any kind can be achieved while voters remain so exposed to multiple versions of “<a href="https://www.amnesty.org.au/sorting-fact-from-fiction-in-the-voice-to-parliament-referendum/">truth</a>”.</p> <p>For many First Nations people, the proliferation of lies and misinformation driven by <a href="https://www.bbc.com/news/world-australia-66470376">racism</a> throughout the Voice debate have been <a href="https://www.abc.net.au/news/2023-10-03/indigenous-mental-health-impacts-of-voice-referendum-debate/102923188">traumatising</a> and brutal.</p> <p>Indigenous Australians’ Minister, Wiradjuri woman Linda Burney, spoke to Aboriginal and Torres Strait Islander people after the result: “Be proud of your identity. Be proud of the 65,000 years of history and culture that you are part of”. Her <a href="https://www.9news.com.au/videos/national/linda-burney-gives-emotional-speech-following-referendum-result/clnpw6w0n009u0jp8kvgbijuy">pain</a> was patently obvious as she responded to the referendum outcome.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/215155/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/amy-maguire-129609"><em>Amy Maguire</em></a><em>, Associate Professor in Human Rights and International Law, <a href="https://theconversation.com/institutions/university-of-newcastle-1060">University of Newcastle</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/explainer-australia-has-voted-against-an-indigenous-voice-to-parliament-heres-what-happened-215155">original article</a>.</em></p>

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David Walliams' explosive new claims against BGT bosses

<p>David Walliams has claimed he has suffered suicidal thoughts since being dropped as a judge from <em>Britain's Got Talent</em>, according to court documents. </p> <p>The explosive claims have been documented in the high-profile case with the UK High Court, which began after Walliams was axed from the popular TV show following a leaking of a hot mic conversation. </p> <p>The 52-year-old was unknowingly being recorded when he made <a href="https://oversixty.com.au/finance/legal/david-walliams-sues-bgt-over-leaked-rant" target="_blank" rel="noopener">vile comments</a> about contestants, and was subsequently asked to leave the show after a decade on the judging panel. </p> <p>Now, Walliams is suing Fremantle Media after they allegedly “recorded, transcribed and retained” private conversations for ten years from Walliams and the other judges on the show. </p> <p>He alleges they collected private and sensitive details of conversations throughout his time on the family favourite series, and he claims fellow judges Simon Cowell, Amanda Holden and Alesha Dixon were monitored the same way by production staff.</p> <p>Walliams, who says he has ­suffered suicidal thoughts after being cancelled from public life, is seeking £1 million (A$1.9 million) he stood to get from the prime-time ITV show, plus £1.7 million (A$3.25 million) in lost earnings from the last year.</p> <p>He wants an additional £3.4 million (A$6.5 million) covering future losses over at least the next two years, taking the total to £6.1 million (A$11.65 million).</p> <p>In addition he is seeking further unspecified damages for psychiatric harm, distress and upset and the loss of control over his private information and legal costs, which sources say could bring the total up to as much as £10 million (A$19 million).</p> <p>The court documents claim that Walliams was uninvited from an official royal event to read at the Commonwealth Writing Competition with Queen Camilla at Buckingham Palace, after he was dropped from <em>BGT</em>. </p> <p>He said in that time after he left the show, he has received only one new work booking, having “catastrophic results for his reputation and career”.</p> <p>Walliams says he is now fighting “active suicidal thoughts” and has “lost the ability to be funny” amid fears that whatever he says or does will be used against him.</p> <p>In the lengthy court documents, Walliams says the fallout destroyed his “reputation and career” as a comedian, TV personality and children’s author.</p> <p><em>Image credits: Getty Images</em></p>

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Jubilant scenes as High Court hands down judgment against Qantas

<p>In a landmark decision that saw former employees pumping their fists in celebration inside the courtroom, Qantas has issued a formal apology to its workforce after the High Court declared its actions unlawful when it terminated the employment of over 1,700 ground crew members during the COVID-19 pandemic.</p> <p>The court upheld two prior rulings from the Federal Court that deemed the airline's outsourcing of baggage handlers, cleaners and ground staff to be in violation of the law.</p> <p>The judgment delivered by Justices Susan Kiefel, Stephen Gageler, Jacqueline Gleeson, and Jayne Jagot underscores that taking "adverse action against another person for a substantial and operative reason of preventing the exercise of a workplace right by the other person contravenes (part of section 340 of the Fair Work Act) ... regardless of whether that other person has the relevant workplace right at the time the adverse action is taken."</p> <p>In essence, Qantas could not evade the law by taking such actions before the employees possessed the specific workplace rights the airline sought to obstruct.</p> <p>Australian Council of Trade Unions secretary Sally McManus, who was there for the judgment's announcement, posted a celebratory photo on social media, declaring, "The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦@TWUAus"</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">The workers win against Qantas in the High Court. We will always have the backs of workers, well done ⁦<a href="https://twitter.com/TWUAus?ref_src=twsrc%5Etfw">@TWUAus</a>⁩ <a href="https://t.co/wvZr7ouULX">pic.twitter.com/wvZr7ouULX</a></p> <p>— Sally McManus (@sallymcmanus) <a href="https://twitter.com/sallymcmanus/status/1701749294947291564?ref_src=twsrc%5Etfw">September 13, 2023</a></p></blockquote> <p> </p> <p>This legal battle began when the Transport Workers' Union brought a case against Qantas in the Federal Court, asserting that the airline had violated the Fair Work Act by outsourcing its ground operations to circumvent enterprise bargaining rights. Qantas, which had laid off workers in 2020, suffered significant financial losses due to the pandemic's severe impact on the aviation sector.</p> <p>In its response to the High Court's decision, Qantas clarified that it made the decision to outsource its remaining ground handling function in August 2020, at a time when borders were closed, lockdowns were widespread, and COVID-19 vaccines were not yet available.</p> <p>The airline stated, "The likelihood of a years-long crisis led Qantas to restructure its business to improve its ability to survive and ultimately recover."</p> <p>Qantas then expressed deep regret for the adverse personal impact this decision had on the affected employees and offered an apology:</p> <p>"As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that.</p> <p>"A prior decision by the Federal Court has ruled out reinstatement of workers but it will now consider penalties for the breach and compensation for relevant employees, which will factor in redundancy payments already made by Qantas."</p> <p>The airline outsourced the positions of baggage handlers and cleaners at ten airports in response to a drastic decline in business, citing sound commercial reasons as the motivation, as its operations had plummeted by over 90 percent.</p> <p>However, the Transport Workers' Union argued that Qantas had also sought to preempt industrial action once business returned to normal, contending that the dismissals were in violation of the Fair Work Act, which prohibited actions impeding workers' rights.</p> <p>After losing twice in the Federal Court, Qantas escalated the case to the High Court, which was tasked with determining whether the workers possessed the rights claimed by the union at the time of the outsourcing decision. The unanimous decision of the High Court now paves the way for the workers to pursue compensation.</p> <p>Images: Twitter (X)</p>

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Past charges against mushroom poisoning suspect uncovered

<p>Erin Patterson, the woman under investigation for allegedly cooking the deadly mushroom meal that claimed the lives of three people, has previously faced a series of charges after being involved in a drunk-driving incident.</p> <p>According to reports from The Australian, the 49-year-old was convicted in 2004 of driving drunk in an unregistered vehicle. </p> <p>Court records have revealed that Patterson, who was then known as Erin Trudi Scutter and was aged 29, faced legal consequences for her reckless actions, losing her license for 30 months after crashing her vehicle in the eastern suburbs of Melbourne while heavily intoxicated.</p> <p>The reports revealed that after the crash, she fled from authorities by speeding away from the crash scene, reaching 95 km/h in a 60 km/h zone.</p> <p>The convictions that were handed down were for charges of failing to stop a vehicle after an accident, failing to provide identifying information after causing property damage, using an unregistered vehicle on a highway, failing to provide information after property damage, and driving at 95 km/h in a restricted 60 km/h zone.</p> <p>At the time of the crash, Erin's blood alcohol level was 0.14 per cent, indicating significant impairment, however the charges of drink driving were dropped, potentially due to overlapping elements in other charges.</p> <p>Patterson has yet to comment on the previous charges, after being advised by her lawyer not to make any public comments as she remains under investigation for the deadly mushroom meal. </p> <p>She has <a href="https://www.oversixty.com.au/finance/legal/details-of-erin-patterson-s-police-statement-around-fatal-mushroom-meal-revealed" target="_blank" rel="noopener">denied any wrongdoing</a> in the mushroom incident, although according to police, they are investigating Patterson because she was the only adult among five who did not either die or suffer severe illness after ingesting the deadly mushrooms.</p> <p><em>Image credits: A Current Affair</em></p>

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Anti-vegan chef launches clothing line against activist

<p dir="ltr">Chef John Mountain has taken his feud with vegan activist Tash Peterson to the next level by unveiling a clothing line that names and shames her and her animal rights beliefs. </p> <p dir="ltr">The Perth chef, who has taken legal action against Ms Peterson after the pair tussled during protests at his restaurant Fyre, showed off the provocative range of tank-tops, t-shirts and hoodies on his new merchandise website.</p> <p dir="ltr">The merch page, which was launched on Saturday, promises customers will love the clothing “hopefully more than Tash loves chef”.</p> <p dir="ltr">It is now selling clothing that carries the restaurant's branding and slogans such as “Pleased to meat stew”, “no animals were harmed in the making of this shirt” and “all they have done is added fuel to the Fyre”.</p> <p dir="ltr">One t-shirt design features a half-star Google-style review graphic with the words: “Absolutely f***ing chaotic Tash Peterson”, which makes fun of Ms Peterson's description of a protest and the flood of Fyre reviews posted by vegans.</p> <p dir="ltr">Another design asks. “What's the difference between a vegan and a heroin addict? The vegan keeps it to themselves.”</p> <p dir="ltr">The clothing line comes after John Mountain announced all vegans would be banned from his restaurant due to “mental health reasons”.</p> <p dir="ltr">Mountain and Peterson have clashed several times at the Perth eatery, with Peterson’s latest demonstration resulting in legal action being taken against the staunch vegan and animal rights activist. </p> <p dir="ltr">After Peterson <a href="https://oversixty.com.au/finance/legal/furious-chef-lets-loose-after-clash-with-vegan-protestors" target="_blank" rel="noopener">stormed</a> his booked-out restaurant with other activists in tow, they stood outside with a megaphone, while shouting and playing sounds of squealing pigs, moments before the altercation was caught on camera.</p> <p dir="ltr">Mountain and Peterson came to physical blows as he wrestled them out of the restaurant, as he defended his choice to retaliate against the protestors, saying he chose to stand up to the bullies to "protect my business". </p> <p dir="ltr">"Bullies come in all different shapes and sizes and these lot just happen to be the vegans."</p> <p dir="ltr"><em>Image credits: A Current Affair / Fyre</em></p>

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What happens when doctors don’t act as they should? And what’s the ruling against neurosurgeon Charlie Teo?

<p><em><a href="https://theconversation.com/profiles/christopher-rudge-108366">Christopher Rudge</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p>After several years of controversy, and both praise and blame for his willingness to perform high-risk surgeries, neurosurgeon Charlie Teo has been subject to <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWMPSC//2023/2.html">practice restrictions</a> by a special committee of the Medical Council of New South Wales.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Charlie Teo was fighting two complaints of unprofessional conduct from the families of two different women, who say they were not properly warned about the risk of death before consenting to surgery. <a href="https://t.co/gvhiQdWnRF">https://t.co/gvhiQdWnRF</a></p> <p>— ABC News (@abcnews) <a href="https://twitter.com/abcnews/status/1678952850238349312?ref_src=twsrc%5Etfw">July 12, 2023</a></p></blockquote> <p>So how does the process of restricting doctors’ medical practice work? And what did this mean for Teo?</p> <h2>How are health practitioners regulated in Australia?</h2> <p>Health practitioner regulators in Australia aren’t generally empowered to make <em>punitive</em> decisions about health professionals’ conduct.</p> <p>Instead, Australia’s health practitioner regulations (the so-called “national law”) require decision-makers to exercise their powers to <em>protect</em> patients. They operate in what is often called a “<a href="https://www.mcnsw.org.au/sites/default/files/case_note_-_legal_case_note_-_medical_council_v_lee_-_concerning_stay_applications.pdf">protective jurisdiction</a>”.</p> <p>And though the regulator may sometimes impose fines, it is rare. That’s because it may do so only <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-2009-86a#sec.146C">when</a> it is “satisfied there is no other order, or combination of orders, that is appropriate in the public interest”.</p> <p>In all state <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-2009-86a#sec.3A">versions</a> of the national law, regulators may <a href="https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-hprnlq#sec.3A">restrict doctors’ medical practices</a> only if it’s “necessary to ensure health services are provided safely and of an appropriate quality”.</p> <p>But the NSW national law includes additional wording. In all its decisions, the regulator <a href="https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2009-86a#sec.3A">must regard</a> the “health and safety of the public” as the “paramount consideration.”</p> <p>This can have unusual effects. As the <a href="https://www.ama.com.au/sites/default/files/2022-03/Ahpra---Regulatory-guide---a-full-guide.PDF">Australian Health Practitioners Regulation Agency (AHPRA)</a> acknowledges, requirements to protect the public may sometimes result in “a determination that is harsher on the practitioner than if punishment were the sole purpose”.</p> <h2>What happened in the Teo case?</h2> <p>In late 2022, proceedings commenced against Teo via two complaints by the New South Wales <a href="https://www.hccc.nsw.gov.au/">Health Care Complaints Commission</a> (HCCC).</p> <p>The complaints concerned two brain surgeries on two patients. Both involved “radical resections” (“en bloc” removals) of these patients’ brain tumours. Tragically, neither patient regained consciousness after the operations and both patients died – one just ten days after.</p> <p>In legal terms, the complaints were based on a provision of the national law that defines certain categories of wrongdoing as <a href="https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2009-86a#sec.139B">unsatisfactory professional conduct</a>.</p> <p>The HCCC alleged Teo had engaged in two categories of this wrongdoing: conduct below the standard reasonably expected of a doctor of his training and experience, and unethical conduct.</p> <p>The HCCC alleged Teo’s decisions to operate were inappropriate and substandard because the risks of “neurological morbidity” (so-called brain death) outweighed the (potential) benefits of the interventions. There was no allegation that Teo’s surgical skills were substandard.</p> <p>The surgeries were also unethical, it was alleged, as informed consent had not been obtained from the patients and one patient was required to pay an expensive upfront fee in circumstances of clear vulnerability.</p> <h2>What were the findings and consequences for Teo?</h2> <p>The HCCC Professional Standards Committee, made up of an experienced judge, two expert neurosurgeons and a lay member, applied the civil standard of proof – the balance of probabilities – to the evidence. Though the committee is not legally bound to <a href="https://legislation.nsw.gov.au/view/html/inforce/current/act-2009-86a#sch.5D-sec.2">apply the rules of evidence</a> applied in criminal courts, it decided, broadly for procedural fairness reasons, to receive and consider all of Teo’s unchallenged evidence.</p> <p>In a decision of more than 100 pages, the committee found Teo guilty of unsatisfactory professional conduct. It determined to “reprimand” Teo (this means a <a href="https://www.medicalboard.gov.au/sitecore/content/Home/Registration/Monitoring-and-compliance/Removal-of-reprimands.aspx">record of “reprimand” is</a> noted on the public copy of his practitioner licence) and to impose four conditions on his practice.</p> <p>Three conditions involve increased oversight of his practice records. But a more restrictive condition will require Teo to obtain written support from a neurosurgeon approved by the Medical Council of New South Wales for any neurosurgery involving “recurring malignant tumours in the brain or brain stem”.</p> <p>While this order was hotly contested in the proceedings, the committee determined that, for reasons including Teo’s evidenced “isolation from his peers”, the condition was “necessary to protect the health and safety of the public”.</p> <h2>What about patient autonomy or clinical freedom?</h2> <p>Difficult ethical questions arise in medical regulation. Here, the committee had to balance the practitioner’s right to practise medicine against the paramount consideration of patient health and safety and against the patient’s right to exercise autonomy.</p> <p>This last right is sometimes seen as a patient’s <a href="https://jme.bmj.com/content/40/5/293">moral right to be wrong</a>. On these considerations, the committee relied on accepted evidence from ethical experts that proposed that, as a matter of ethics, "a surgeon does not have a licence to undertake any conceivable procedure even with the agreement or acquiescence of the patient."</p> <h2>Is medical regulation strict in Australia and NSW?</h2> <p>Many <a href="https://www.ahpra.gov.au/News/2016-08-10-Independent-review-on-chaperoning.aspx">reviews</a> and <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668054">academic</a> <a href="https://pubmed.ncbi.nlm.nih.gov/34907681/">studies</a> find the national law to be fair and appropriate, or not strict enough.</p> <p>However, some scholars and representative groups including the Australian Medical Association (AMA) find some aspects <a href="https://www.ama.com.au/ama-rounds/16-july-2021/articles/upholding-natural-justice-doctors">are</a> too <a href="https://www.ama.com.au/media/law-change-threatens-doctors-hard-earned-reputations-and-risks-their-mental-health">strict</a> and <a href="https://pubmed.ncbi.nlm.nih.gov/36763016/">unsympathetic</a> to practitioners.</p> <p>But a potted history of NSW medical history showcases how successive medical scandals have tended to drive strong regulatory reform. In 1984, when the tragic impacts of the shocking and unethical treatment at <a href="https://piac.asn.au/legal-help/public-interest-cases/deep-sleep-tragedy/">Chelmsford psychiatric hospital</a> were <a href="http://www5.austlii.edu.au/au/journals/ALRCRefJl/1988/77.pdf">coming to light</a>, NSW was the first jurisdiction globally to establish a complaints body for health consumers. Known as the Complaints Unit, this body is now the HCCC.</p> <p>Another milestone occurred in the early 2000s following several scandals, including the so-called “Butcher of Bega” episode. An <a href="https://www.parliament.nsw.gov.au/ladocs/inquiries/2112/Final%20Report%20on%20Graeme%20Reeves.pdf">inquiry</a> into these events prompted the NSW government to introduce laws permitting medical practitioners to be immediately suspended if the regulator considered it was in the “public interest”.</p> <p>This was the first power of its kind in Australia and was only adopted into the broader national law of other states in <a href="https://doi.org/10.1071/AH19293">2018</a>.</p> <h2>What next for Teo?</h2> <p>Teo may appeal the orders of the committee to the NSW Civil and Administrative Tribunal or seek a review of the conditions. But as the conditions are not subject to an end date, it appears they will otherwise continue indefinitely.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/209612/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/christopher-rudge-108366">Christopher Rudge</a>, Law lecturer, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a></em></p> <p><em>Image credits: Instagram</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-happens-when-doctors-dont-act-as-they-should-and-whats-the-ruling-against-neurosurgeon-charlie-teo-209612">original article</a>.</em></p>

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"A night in hospital and a trip to the burns unit later”: Concerned mum's warning against popular fruit

<p><em><strong>Warning: This article contains images that some readers may find distressing.</strong></em></p> <p>A mother has taken to the internet and shared photos of her son’s severe burns that came as a result of him playing with a popular fruit. “A night in hospital and a trip to the burns unit later.” She began in her Facebook post.</p> <p>Her son Otis was playing happily outside with a lime in the sunshine, but the next day horror ensued.</p> <p>“It wasn’t until the next day that we noticed a rash appeared.” The mother said.</p> <p>The parents had assumed the rash must’ve been an allergic reaction to the lime juice, however, the rash quickly developed into a “horrific burn,” she added.</p> <p>The parents took Otis to the hospital where they were informed their son was suffering from a condition called phytophotodermatitis.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/Cku5QH2thxE/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/Cku5QH2thxE/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Tiny Hearts (@tinyheartseducation)</a></p> </div> </blockquote> <p>Phytophotodermatitis, more commonly known as margarita burn, is a little-known condition which causes burns to the skin when a chemical called furocoumarin reacts to sunlight.</p> <p>The chemical is found in limes, citrus fruit and some plants.</p> <p>“The small lime he had been innocently playing with - had now burnt his skin horrifically!“ The mum said. “If our story can help raise awareness into phytophotodermatitis at least something good has come out of our horrific experience!”</p> <p>The woman has urged parents to be on the lookout for this little-known skin condition.</p> <p>To minimise the risks of phytophotodermatitis, <a href="https://www.healthline.com/" target="_blank" rel="noopener">Healthline</a> suggests washing hands and other exposed parts of the skin immediately after being outdoors, wearing gloves when gardening, putting on sunscreen before going outdoors and wearing long-sleeved tops and pants in wooded areas.</p> <p><em>Photo credit: Getty</em></p>

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Police recommend charges against William Tyrrell's foster mother

<p>Detectives believe they have gathered enough evidence to bring charges against William Tyrrell's foster mother after his disappearance nine years ago. </p> <p>Reports from 9News shared that detectives handed a brief to the Director of Public Prosecutions (DPP) earlier this month with evidence against William's foster mother, who cannot be named, recommending she be charged with perverting the course of justice and interfering with a corpse.</p> <p>Police have ben investigating the potential cause of William's disappearance in 2014, with allegations there was a deadly accident at their family home in Kendall on the NSW Mid North Coast, and the then-three-year-old's body was disposed of by his foster mother.</p> <p>The 58-year-old has long denied any involvement with William's disappearance. </p> <p>It now remains up to the DPP to give advice on whether the woman should go before a court, with any charges beginning a lengthy legal process. </p> <p>A judge or jury would then need to decide whether the evidence was sufficient to prove any charges.</p> <p>William Tyrrell was last seen alive at his foster family's home in Kendall in September 2014, with last Tuesday marking what would've been his 12th birthday. </p> <p>Since his disappearance, there have been many theories over the past nine years with suspects targeted then cleared, and an inquest put on hold.</p> <p>A new team of homicide detectives reviewed the case in 2020, but found no new evidence or remains. </p> <p>Since then, police have quietly been building evidence in support of allegations that William's foster mother covered up his accidental death and disposed of his body.</p> <p>The potential charges include perverting the course of justice and interfering with a corpse, with the latter charge carrying a maximum sentence of 14 years behind bars.</p> <p><em>Image credits: NSW Police</em></p>

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Woman hit with six-figure fine after using social media to lay false claim against neighbours

<p>A Queensland woman has been slapped with a nearly $280,000 fine after she falsely branded her neighbours as paedophiles in a post to a local Facebook group.</p> <p>Zoe Anne Gooding was ordered to pay de facto partners Mianka Rodgers and Michael Usher $200,000 in compensatory damages, $65,000 in aggravated damages and $14,179.32 in interest by the Queensland District Court on June 23 2023 after the couple sued Gooding for defamation in February 2022.</p> <p>The court heard how much the false claims impacted the couple’s life, including forcing them to abandon their plans to become foster parents.</p> <p>The $280,000 fine included a $15,000 compensation payment to Usher for Gooding running him over with her car after he sued her, leaving him with a fractured rotor cuff and three broken ribs.</p> <p>The parties had been neighbours in the close-knit coastal suburb of Bushland Brach in Townsville’s north and had gone to several barbecues and other social gatherings in their peaceful cul-de-sac, where about 50 residents were well acquainted.</p> <p>In September 2023, Gooding posted to the Bushland Beach Crime Alert group, which had close to 5,000 members, “Paedophile 12 Holbourne Street.”</p> <p>She then posted two follow-up comments.</p> <p>“When it’s your kid being touched then you wouldn’t be saying it’s a wild accusation,” she responded to a query.</p> <p>“We know cos they tried getting our six-year-old to go with them multiple times,” she said in a separate comment.</p> <p>Several members of the group responded with comments like, “Are the cops doing anything about it?”, “Have they been arrested?” and, “That’s disgusting. Please report to police.”</p> <p>About 90 minutes after her initial post, Gooding took to the group again claiming she had been “hacked”, writing, “Hi everyone. So looked [sic] like my FB had been hacked. Neighbour just went mental and we were wondering why. Have reset my settings. Apologies.”</p> <p>Members were sceptical, with one writing, “You put a post up about a paedophile and there [sic] apparent address. Gonna need a bit more explaining than ‘we got hacked’.”</p> <p>District Court Judge John Coker said it was “noteworthy” that, amid Gooding’s later admission, the statement that she had been hacked was “demonstrably false”.</p> <p>“It is also clear that the consequences for the first and second plaintiffs has been significant,” he said.</p> <p>Usher was only made aware of the post after a friend he was with received a text message with a screenshot from the group and showed him.</p> <p>Rodgers, who was working as a FIFO chef at the Moranbah North Coal Mine found out after she finished her shift and received a message from Usher.</p> <p>The couple told the court how their “life changed following the defamatory post”, with them fearing leaving home or socialising with neighbours.</p> <p>Mick did not want to leave the house,” Rodgers said in her affidavit.</p> <p>“He closed all the curtains and would not go outside to mow the grass. He told me repeatedly that he felt ashamed and embarrassed. He became progressively more withdrawn from communicating with me, his friends and neighbours. Our social life in Holbourne Street stopped dead.”</p> <p>She noted that she had changed where she goes shopping, travelling an additional 10 to 20km to go to a different Coles where she wouldn’t be recognised.</p> <p>“The defamatory post has changed me,” she said.</p> <p>“Whereas I was previously quite an outgoing person, I am now more shy of social interaction. I don’t like telling people about what happened with the defamatory post. Also, I will not touch anybody’s child. Due to the impact of the defamatory post Mick and I have abandoned our plans to become foster parents.”</p> <p>After launching the defamation proceedings in June 2022, Usher said Gooding struck him twice with her car on Holbourne Street.</p> <p>“I have been interviewed by the police in respect to the incident and they have advised me that Zoe Gooding has been charged with various offences,” Usher said in his affidavit. “I am awaiting further details of those charges.”</p> <p>Rodgers added that the pair felt they had “no choice but to take steps to try and restore our reputation as best we could in the circumstances”.</p> <p>“The allegations made against Mick and I are dreadful and have left a terrible stain on our reputations and on our address,” she explained.</p> <p>“It is important that people understood clearly that Mick and I are not paedophiles. However, I do not believe that whatever we do we will ever be able to wash the stain away entirely.”</p> <p>Gooding gave a voluntary admission in April 2022 to confirm she was the sole publisher of the post, leading to a default judgement being entered in July 2022.</p> <p>The next step was an assessment of damages.</p> <p>Lawyers for the couple had trouble contacting Gooding, who eventually responded in an email in November 2022 to say she was “currently residing in a women’s shelter in North Brisbane and have no capacity to return to Townsville to attend”.</p> <p>“I have no assets to my name,” she wrote.</p> <p>“The only income I receive is $300 per fortnight through family tax benefit $175 of which goes to paying for my accommodation and food. I would be willing to submit the remainder of this as a payment plan for the defendants until the court appointed amount is payed [sic]. To be blunt it was foolhardy of your clients to proceed with the matter as it was known to them that I was poor.”</p> <p>In the ruling, Judge Coker said the couple’s reputations had been “gravely injured” by Gooding’s conduct and there was “the need for a very real penalty to be imposed in relation to the aggravated nature of the publication”.</p> <p>“Of particular significance here, is that the subsequent conduct of the defendant in running the second plaintiff over in a motor vehicle, following the institution of these proceedings is evidence, or it can be inferred from it, of the defendant’s improper motivations and intentions,” he said.</p> <p>“In that regard, the conduct of the defendant, it is said, simply reaffirms the defamatory statement that she made and her actions.”</p> <p><em>Image credit: Getty</em></p>

Legal

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Why can’t I use my phone or take photos on the airport tarmac? Is it against the law?

<p><em><a href="https://theconversation.com/profiles/doug-drury-1277871">Doug Drury</a>, <a href="https://theconversation.com/institutions/cquniversity-australia-2140">CQUniversity Australia</a></em></p> <p>Mobile phones are not allowed to be used while on a plane because they can interfere with the aeroplane’s navigation instruments and <a href="https://theconversation.com/heres-the-real-reason-to-turn-on-aeroplane-mode-when-you-fly-188585">cause various safety and social issues</a>.</p> <p>As soon as the plane lands, we’re permitted to turn off flight mode, but at some airports we can’t get much of a signal. That’s because airports are known as mobile signal “<a href="https://thepointsguy.com/news/slow-connection-airport-tarmacs/">dead zones</a>” due to a lack of mobile towers – they can’t be placed at the airport itself due to height restrictions.</p> <p>Any nearby mobile towers would be located away from the airport’s runway systems to avoid interfering with the aeroplane’s flight path, especially take-off and landing direction. Most airports put up indoor repeater antennas within the airport terminal; these help increase the mobile signal strength coming from the nearest mobile tower somewhere near the airport.</p> <p>But you won’t be allowed to make calls while walking away from the plane, anyway.</p> <h2>Why can’t I use my phone on the tarmac?</h2> <p>As we are taxiing in, the <a href="https://www.qantas.com/au/en/qantas-experience/onboard/communication.html">cabin crew</a> remind us not to smoke outside of designated areas at the terminal and not to use our mobile phones until we are inside the terminal building.</p> <p>If you exit the plane down the rear stairs, why aren’t you allowed to use your phone once away from the aeroplane, if you can get a signal? Surely it won’t affect navigation.</p> <p>The answer is manifold, and regulations aren’t the same across the world.</p> <p>In Australia, a <a href="https://www.casa.gov.au/operations-safety-and-travel/travel-and-passengers/onboard-safety-and-behaviour/using-your-electronic-devices-flights">government regulation</a> prohibits the use of mobile phones on the tarmac – the aeroplane movement and parking area of the airport.</p> <p>You won’t be fined if you whip your phone out while walking to the terminal, but the airline may admonish you for not following the rules. However, if you decide to (<a href="https://www.smh.com.au/national/victoria/woman-arrested-after-running-onto-tarmac-at-melbourne-airport-20151125-gl7bkq.html">run around on the tarmac</a>, you could get arrested by federal police.</p> <p>The airport tarmac is very busy not just with aircraft, but also baggage carts, catering trucks, aeroplane waste removal trucks, and fuel trucks. Getting passengers off the tarmac and into the terminal building quickly and safely is a priority for the staff.</p> <p>If you are distracted while walking to the terminal building because you’re talking on your phone, it can be <a href="https://www.theguardian.com/us-news/2023/jan/25/alabama-airport-worker-killed-jet-engine-safety-warnings">highly dangerous and even deadly</a> if you end up too close to an operating plane. An operating jet engine is extremely hot and has a strong exhaust. Additionally, the front of the engine has a low-pressure area called an <a href="https://www.ukfrs.com/guidance/search/aircraft-systems-and-construction">ingestion zone</a> that can suck in a person. Ground staff are trained to stay at least ten metres away from this area. However, this information is not shared with the passengers.</p> <h2>A myth about fuel</h2> <p>You may have heard that mobile phones are a fire hazard near fuel, and aeroplanes are, of course, refuelled on the tarmac.</p> <p>However, the chances of fuel catching fire during this process are extremely low, because the refuelling truck is <a href="https://safetyfirst.airbus.com/safe-aircraft-refuelling/">bonded and “grounded” to the plane</a>: the operator attaches a wire to the aircraft to move built-up static electricity to the ground to prevent any chance of a spark.</p> <figure class="align-right zoomable"><figcaption></figcaption></figure> <p>There have been stories in the press about mobile phones sparking <a href="https://www.verizon.com/about/news/vzw/2014/12/fact-or-fiction-using-a-cell-phone-at-the-gas-station-can-cause-a-fire">fires at petrol stations in Indonesia and Australia</a>, but these turned out to be inaccurate. There is <a href="https://www.nfpa.org/assets/files/AboutTheCodes/30A/FI%20-%20NFPA%2030A-2015%20Para%208.3.1%20-%20Attachments%2014-19.2017-04-04.pdf">no evidence a phone can spark a fire at a fuel pump</a>, despite the warning labels you might see.</p> <p>Either way, the chances of a mobile phone causing this on the tarmac with a refuelling truck that is grounded to the aeroplane are extremely low, not least because the passenger permitted areas and refuelling areas are completely separated.</p> <h2>Why are we told not to take photos on the tarmac?</h2> <p>This rule varies from airport to airport depending on their <a href="https://www.tsa.gov/travel/frequently-asked-questions/can-i-film-and-take-photos-security-checkpoint">security processes</a>.</p> <p>Such restrictions are carryovers from the changes to airport security following the <a href="https://heinonline.org/HOL/P?h=hein.journals/jlecono50&amp;i=739">September 11 2001 terrorist attacks</a>. The now federalised security teams, TSA (Transportation Security Administration) in the United States and the Department of Home Affairs in Australia, change their processes frequently to prevent having any identifiable patterns that could be used to create a security breach.</p> <p>The increased security measures also mean new technologies were introduced; airport security sections do not want photos taken of how they operate.</p> <p>The airport security process is a major choke point in the flow of passenger movement due to the screening process. If a passenger is perceived to be slowing the process down by taking photos or talking on their phone, they will be reminded to turn off their device and/or stop taking photos of security personnel and equipment.</p> <p>If you refuse to follow the rules of the screening process, you will be <a href="https://www.homeaffairs.gov.au/about-us/what-we-do/travelsecure/passenger-screening">denied entry</a> into the airport terminal gate area and miss your flight. Can you also get arrested for using your phone? Depends on the airport and country. I, for one, do not want to find out.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/207926/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a href="https://theconversation.com/profiles/doug-drury-1277871">Doug Drury</a>, Professor/Head of Aviation, <a href="https://theconversation.com/institutions/cquniversity-australia-2140">CQUniversity Australia</a></em></p> <p><em>Image credits: Getty </em><em>Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/why-cant-i-use-my-phone-or-take-photos-on-the-airport-tarmac-is-it-against-the-law-207926">original article</a>.</em></p>

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