9 Matching Annotations
  1. Oct 2019
    1. A former union boss jailed over receiving a coal exploration licence from his friend, former NSW Labor minister Ian Macdonald, was an "entrepreneur" who found a "willing buyer" in the disgraced politician, a court has heard.

      This is a flawed proposition and both misleading and deceptive in relation to the subject matter, considering its prominence in a court media report of proceedings which largely centre on the propriety or otherwise of an approvals process.

      Using a market analogy mischaracterises the process involved in seeking and gaining approval for a proposal based on an innovative occupational health and safety concept.

      In this case, the Minister was the appropriate authority under the relevant NSW laws.

      And while Mr Maitland could indeed be described as a "entrepreneur", the phrase "willing buyer" taken literally in the context of the process to which he was constrained, could contaminate the reader's perception of the process as transactional or necessitating exchange of funds a conventional buyer and seller relationship.

      Based on evidence already tendered in open court, it's already known Mr Maitland sought both legal advice on the applicable process as well as guidance by officials and other representatives with whom he necessarily engaged.

      But the concept of finding a "willing buyer", taken literally at it's most extreme, could suggest Mr Maitland was presented with multiple approvals processes and to ultimately reach his goal, engaged in a market force-style comparative assessment of the conditions attached to each of these processes to ultimately decide on which approvals process to pursue.

      Plainly, this was not the case. Mr Maitland had sought advice on the process and proceeded accordingly.

      The only exception that could exist in relation to the availability of alternative processes could be a situation silimilar to the handling of unsolicited proposals by former Premier Barry O'Farrell over casino licenses which were not constrained by any of the regular transparency-related requirements including community engagement, notification or competitive tender.

      Again, this situation does not and could not apply to the process applicable to Mr Maitland's proposal.

      The misleading concepts introduced from the outset in this article also represent an aggravating feature of the injustice to which Mr Maitland has been subjected.

      To be found criminally culpable in a matter involving actions undertaken in an honest belief they were required in a process for which Mr Maitland both sought advice process and then at no stage was told anything that would suggest his understanding of the process was incorrect, contradicts fundamental principles of natural justice.

  2. Sep 2019
    1. M. v THE QUEEN [1994] HCA 63; (1994) 181 CLR 487, (1994) 126 ALR 325, (1994) 69 ALJR 83

      This is the case from the High Court that appeal court judges rely upon for the process of how to review an appeal.

  3. Mar 2019
    1. making "The W WorldSafe for Democracy

      Echoing Woodrow Wilson's request for a Declaration of War in 1917, this statement makes the question of suffrage seem like a danger.

    1. SHE

      "SHE is responsible" Is this BOLD repetition on the page related to oratorical style? It would be interesting to hear this document read aloud, incorporating all the emphases of the upper case letters and rhetorical breaks.

  4. Nov 2018
  5. Mar 2018
    1. argument from authority (e.g., President Richard Nixon should be re-elected because he has a secret plan to end the war in Southeast Asia — but because it was secret, there was no way for the electorate to evaluate it on its merits; the argument amounted to trusting him because he was President: a mistake, as it turned out)

      Everytime I hear Trump say "trust me", I think of this.

  6. Jan 2017
    1. Millennials are entitled, narcissistic and lazy - but it's not their fault: Expert claims 'every child wins a prize' and social media has left Gen Y unable to deal with the real world

      Who is this headline trying to appeal to?

  7. Sep 2013
    1. [1356a] Of the modes of persuasion furnished by the spoken word there are three kinds. The first kind depends on the personal character of the speaker; the second on putting the audience into a certain frame of mind; the third on the proof, or apparent proof, provided by the words of the speech itself.

      Modes of persuasion: character of speaker, appeal, proof

    1. The political speaker will also appeal to the interest of his hearers, and this involves a knowledge of what is good. Definition and analysis of things "good."

      Political appeal to interests. Things "good"