Showing posts with label custody. Show all posts
Showing posts with label custody. Show all posts

Tuesday, August 9, 2005

Assaulted, intimidated or harassed in custody?

"Then make an Apprehended Violence Order application against the police, says assault victim Ms Teresa Kiernan.

On 29th July 2005, the Downing Centre Local Court heard an application against Leading Constable Mathew O'Neil of Surry Hills Police Station.

The court heard that O'Neil and his colleagues threw Teresa Kiernan on the floor in a concrete cell, pushed and shoved her, deliberately caused her to be parted from her essential possessions during her arrest, and unnecessarily teased, jeered and humiliated her.

"I believe there are only two reasons why police abuse vulnerable people in custody" Ms Kiernan said to Magistrate Timothy Keady. "The first is to influence by fear. Police try to get arrested people to plead guilty by using intimidation. The second is because there is no evidence or witnesses, and violent and abusive people throughout the ages have always committed such crimes in this condition."

The AVO application was heard in a matter of minutes before it was dismissed. "To everybody's credit, everybody kept a straight face." says Ms Kiernan. "The industry is not going to cause detriment to one of its own. I note that public servants, lawyers, security guards, police and correctives manage to escape the AVO system."

An AVO means a defendant cannot have a gun license for ten years and cannot work in law enforcement, as well as experience other barriers. My point is that cops, screws, security guards need gun licenses. .. a cop with an AVO is finshed: he will lose his job.

Department of Corrective Services staff can't be employed if they have an AVO. Magistrate Pat O'Shane had an AVO put on her and now can't hear domestic violence cases, thus her employment prospects have been reduced. The legal industry doesn't give a hoot about violence and abuse: all its employees are violent and abusive themselves and they are not getting AVOs put on them.

AVOs in NSW are serious business, with the industry slapping AVOs on people at an alarming rate without the benefit of sophisticated and robust legal system. There is an extraordinary lack of support and structure for defendants in the system, which seems to be looking for new ways to criminalise and marginalise people.

The majority of people in custody in NSW are defendants accused of breaching AVOs, and may be arrested merely on the say-so of an amonial other.

"If every person who got mistreated in custody made an AVO application against abusive police officers, or at least the ringleader, NSW would capture a more accurate profile about abuse of its police powers" says Ms Kiernan.

"It is a well established culture that police know where the video footage is in custody and where it isn't; it is a game to them to dodge it." In addition, Ms Kiernan points out, making an AVO application against a police officer intervenes in the police's intimidation tactics in the court environment, engaged in so that defendants can be as rattled as possible before gracing the witness box.

"From a scientific point of view, it costs the police money to get their own lawyers to defend their own officer's behaviour. This, coupled with the public embarrasment factor, is a deterrent for abuse of police powers."

"We can only send our condolences to Tracey Twaddle, who I am sure doesn't think it is a game." Ms Twaddles husband, died in police custody in Palm Island last November from four broken ribs and a ruptured liver, where video surveillance only partially covered the police custody area.

By InJust Us posted 9 August 05

Related Comments:

From the Indymedia news wire:

Full story, please
by Vas Deferens Friday August 12, 2005 at 05:31 PM

On the one hand, the author is implicitly criticising the 'system' for discharging the defendant (the police officer) in this case. Yet on the other, she laments the lack of support and structure for defendants in the system. Oh, that must be unless the defendant is a cop. We can't have rights for everyone, I guess. She's right about AVOs having a seriously detrimental effect on police and others in the legal system. What a great tactic it is for defendants and their lawyers to hamstring law enforcement by bringing vexatious AVO complaints against the police. Little cost if they lose, big result for the crook if they win.

Please give us more facts about the above case. What was she charged with? Were there any corroborative injuries presented in evidence? Did she give sworn evidence and was she cross examined? More details please. You say it was over in a minute. Did she withdraw the application? If it proceeded, there is no way it could have been heard in a minute.

Give us the whole truth, not just the hyperbolic rant which shows your prejudice.

Keep up the good work
by Gregory Saturday August 13, 2005 at 04:43 PM

Hi Vas Deferens,


I guess if you followed the links you'd get the picture sure enough and in my opinion, what this person said was quite true.

Cops and a range of others can harass the community, use corporal punishment, inflict sexual assault, strip-search, plant evidence, verbal them, threaten them, place them in a dangerous situation, in a confined space or psychologically abuse them in custody just because they've been accused of some breach of the law. And some cops are truly arseholes. Personally I've had to tell one or two off myself at the Downing Centre during an AVO hearing that they should get a real job because these losers were bullies who used their power to intimidate, harass and victimise people! Were they on drugs? Well you'd have to ask them!

The AVO was brought on by a politician against her constituent that sought her help because he was being harassed by the police. Ring a bell? But these Surry Hills police were smarter than your average dumb cops so they got in first. So when the complainant's politician contacted the police to complain on behalf of her constituent the police told the politician that her constituent was dangerous and that she should avoid her constituent at all costs?

Hence the politician then took out an AVO against her constituent. I have the paperwork to prove it accept no tribunal will here it! And if you were a politician why wouldn't you believe the police over your constituent's concerns? Any person can have an AVO made out if they can prove they have a reasonable fear of another person. So I guess AVO's work for people who use them no matter who is in the right because right in not determined on whether there is a 'reasonable fear'.

Keep up the good work Teresa.

Assaulted, intimidated or harassed in custody?
By InJust Us Sunday August 14, 2005 at 12:41 PM

Thanks for your response and the questions you raise Vas. Yes I am highly critical of the AVO system, and yes I am highly critical of the magistrate dismissing the case within minutes without hearing sworn evidence and forensic evidence that proves injury, just because the defendant is a cop. Yes I am highly critical where most defendants in AVOs can't afford lawyers, yet when the defendant is a cop the public purse pays for his lawyer. I do not think this is in the public interest.

It wasn't a veracious application, Vas. Police are seasoned and cunning at abusing people in custody. That is one of the reasons why we had a Royal Commission and that is why the public purse pays for video cameras in police cells, and why in NSW we spent millions of dollars per year running a Police Integrity Commission and an Ombudsman's office and even a commission against Corruption. None of these things work in terms of accountability, I believe. You have to hold police accountable yourself by taking them to the courts. Problem is, like all abusive people, they're a bit sly and know how to assault people without leaving evidence, and know where there video surveillance isn't. Yes I agree with you that one of the problems with AVO's is that there is little cost if the applicant loses, and a big impact for the defendant if the AVO is made.

I was charged with knowingly contravening an AVO. I did have corroborative injuries but as the magistrate (unlawfully) wrote off my AVO application t the first available opportunity, I didn't get opportunity to present it. I gave sworn evidence and yes I was cross-examined.

I am going to privately prosecute NSW Police for doing this. I highly recommend anyone who has been assaulted or harassed in custody to do the same. Even though I feel your comment about prejudice is strange, please feel free to post more questions. If you want more info about my case please visit

PS: Can I ask what you do, Vas? Are you a cop?

The AVO experiment
By InJust Us posted posted 14 August 05

Apprehended Violence Order


.. are just an idea. No one can really stop you from doing anything. There are plenty of people with criminal records, especially from my generation eg: Baxter protests.

But I am still appealing.

When we come to power all of us in parliament/government will have criminal records. All it will mean is that we came from a climate that was interested in marginalising people as much as possible. If they create too many criminals they will get a large class of us fighting back.

I note that oppressive laws and legal climates such as the Family Law Act and Domestic Violence oppress and incriminate innocent people for about 15 years until the group gets too big and sick of it, so they lobby and fight back, then laws change..recent reform for ostracised Dads is a good example. Who does the state think it is treating Dads like that?

I don't have any kids but if the state took my kids off me I'd go ballistic. No wonder kidnappings happen in these cases.

The criminal system including Department of Corrective Services and including cops are bastards in these examples. They just warehouse people and try and make things worse. They are interested in extending criminality as much as possible.

I have every confidence the system couldn't give a hoot about the status of women and families and that AVOs are just a system of extending the criminal justice system. They are rent seekers. Without AVO legislation you would never have got someone like me in the back of a police van or in custody.

AVO legislation was introduced as an emergency measure because the police were not doing their job in regards to delivering the social contract to women and children. They still don't. Nothing has changed except more innocent people are in jails. Violent people become aware of AVO law they become very manipulative.

The modern condition is that you abuse someone and get in first, and get your victim in trouble.

Related Links:

MISTREATED IN CUSTODY - NO ACCOUNTABILTY
I was in custody in NSW six weeks ago, and was a victim of an aggravated assault incited by a prison officer. Despite this happening in front of many witnesses, including correctional services officers and other detainees, and under mandatory video surveillance, a formal complaint to the NSW Commissioner of Corrective Services an his Professional Conduct Management Committee only revealed that as far as they were concerned, this didn't happen.

Community Forum on Law Enforcement Violence
This educational forum will provide an opportunity for community members to develop and share organizing strategies to address the various forms of violence perpetrated against our communities including: police brutality; race/gender profiling; sexual harassment; sexual violence; strip searches; beatings; deportation; illegal arrests, detainment, and searches; use of excessive force; and police killings.

Death in Custody: Douglas Bruce Scott
We congratulate Ms Letty Scott, her Family and her supporters, of which the writer counts himself and this Association as being, towards their successful twenty year struggle for Justice.

OUR STORIES MUST BE TOLD. THEY HAVE TO BE
This is for all the children, now, and those to be............

Rally to seek fresh Hickey hearings
A community rally calling for the reopening of the inquest into the death of Aboriginal teenager Thomas 'TJ' Hickey will be held at Walgett in northern New South Wales today.

Doomadgee's body released for burial
The body of a man who died in custody on Palm Island last month has been released for burial.

NSW Police Force: 2 dead, $1 million dollars to catch a thief?
NSW police have expressed concern about their response to the Macquarie Fields riots in south-western Sydney after a police pursuit that killed two young youths Dylan Rayward 17, and Mathew Robertson, 19 that went horribly wrong.

Wednesday, July 20, 2005

Custody as the challenge to corrections

The custodial environment is justified in terms of a variety of principles of punishment.

Despite their problematic nature, however, recidivism figures do not suggest that the prison component of a sentence improves prospects for deterrence or rehabilitation, by comparison with other sentencing options.

In a recent UK Home Office review of punishment outcomes, 59 per cent of prisoners discharged from prison in 1998 were re-convicted within two years of release.

As for community corrections, despite a high level of successful completions (over 80 per cent), the actual re-conviction rate remained around 55 per cent.

The crucial distinguisher, therefore, may be the economic and emotional cost of imprisonment, against negligible comparative benefit on the recidivism score.

While Weatherburn suggests that higher imprisonment rates have some impact on crime rates, the best figures he can draw are a 10 per cent increase in the prison population bringing about a 2-4 per cent reduction in crime.

Translated to current NSW punishment practice, that would mean that an investment of around $350,000 might register a minimal crime rate drop. If the same was to be spent on community corrections and probation in particular, the return on crime reduction would be significantly better.

The ultimate popular wisdom on why we need prisons is that they contain the dangerous and make communities safer, at least for the term of the imprisonment. Hence, the longer we can make that term, the safer we feel. Except for the occasional good year, escape rates in NSW continue to be around 1.5 per 100 prisoners. But at over 70 a year that may not be such a comforting figure.

The data referred to in other parts of this chapter tends to suggest that, in terms of recidivism, deterrence, and even crime prevention, the results from community prevention options are no worse than the prison, often better, and always so much cheaper. In addition, it would appear that rehabilitation and restoration have better chances of success outside the prison than in a custodial setting.

Loss of correctional motivation outside prison walls


The deteriorating relative investment in community corrections in recent years speaks volumes about how often successful, non-custodial punishment programmes are out of political favour. In addition, the predominance of the prison as the popular punishment model has meant that under-resourced and apparently undervalued alternative sentencing options do not figure in political considerations of the efficacy of the criminal sanction.

Recent evaluations of the Drug Court and Juvenile Conferencing in NSW should give the community confidence in diversionary initiatives, and the international experience of both suggests a significant potential benefit in their expansion. However, the corrections discussion seems disproportionately located in custodial settings.

A consequence of this might be to expect research and development in the area of pre-release programmes. The research is there, as well as the empirical confirmation, that well planned and well-resourced pre- and post-release initiatives will ensure important and realistic correctional outcomes.

As will be mentioned, the challenge is to reinvest in non-custodial corrections, and to recognise the corrective capacity of community collaborations and partnerships.

This will require some declaration of political interest. To ensure this in the prevailing penal climate, it may be necessary to include the development of community corrections models prominently within an integrated progressive punishment plan.

Is correction possible in prison?


Victoria, for instance, is investing substantially in a best practice strategy to reduce re-offending, as Birgden explains:

In addition to risk management to address community protection and justice principles, enhanced well-being to address autonomy and therapeutic principles is required. The psychological theory of good lives proposes an enhancement model of rehabilitation. The legal theory of therapeutic jurisprudence proposes how the roles of legal actors may be therapeutic. Both theories are concerned with the enhancement of psychological well-being.

Birgden argues for a correctional system responsive to offenders. She suggests the possibility of a 'culture shift' to reaffirm rehabilitative as well as punitive goals for sentencing.

Where cognitive treatment programmes in prison seem to work against a measure of reconviction, they have been operated in a 'what works' context. Programmes which come within this reference include the Canadian-originated 'Reasoning and Rehabilitation' and 'Enhanced Thinking Skills'.

These programmes promote self-control (thinking before acting), inter-personal problem solving skills, social perspective taking, critical reasoning skills, cognitive style, and understanding the values which govern behaviour.

Not inconsistent with the Canadian studies, while reconviction rates for the treatment population were up to 14 per cent better than the control group, this only held for medium to low risk prisoners. For high risk, the differential fell to a low 5 per cent. In any case, this study provides a potential for a cost effectiveness evaluation of offender programmes.

As suggested earlier, recidivism rates alone as a performance measure of the effectiveness of offender programmes are too narrow an evaluation of rehabilitation practice in prison. More realistic is an integrated approach focusing on the climate of programme delivery, cost effectiveness, the programme's integrity and the treatment outcomes. In this respect, life quality issues are a vital measure of the relevance of correctional programmes in prison.

If rehabilitation is to be preferred as a motivation for punishment, then its location should be in community corrections and restorative environments, if only on the basis of cost effectiveness considerations. In saying this, however, in the medium term prison will be the environment for certain offenders, and there is no reason to deprive them of rehabilitation programmes, provided performance measures and resource justifications shift from unrealistic to simple, practical, obvious and predictable concerns.

There is significant evidence that prison life and society tends to exacerbate the behavioural and social determinants of crime. Violent, inhuman, unsafe, confrontational, and exploitative prison settings will distort appropriate social and moral messages consistent with crime prevention.

A reluctance to deal with illiteracy, drug abuse, anger, indolence, and marginalisation will leave offender populations ill prepared for social reintegration. An under-resourcing of pre-release programmes will compound the problem.

These issues can be confronted in a more basic, universal, best practice model for prison life, and as such will achieve the small but consistent improvements in prisoner life quality that produces measurable performance indicators.

The Home Office, as the administrator of English prisons, is now required to meet modest targets in the improvement of prison life and the reduction of re-offending following release. This has necessitated the development of a new context for corrections, one directed to the improvement in the quality of prison life and an investment in 'what works' with offenders.

A recent study to evaluate the quality of life in five English prisons from the perspective of staff and offenders found that staff and prisoners agree on 'what matters' in assessing prison quality, suggesting that there is a broad consensus about values; that these include respect, fairness, decency and order; that prison life quality resembles the expectation for civil society; and that safety is a critical concern. One prisoner respondent reflected on his aspirations for prison treatment:

To me, being treated with humanity means being provided adequate, reasonably comfortable and clean accommodation and being acknowledged as a person with individual needs, desires, concerns, strengths and weaknesses.

Prison staff would find it hard to argue against this. However, it is the bigotry of public opinion about prisoners 'getting it too easy' which tends to endorse further social exclusion in prison.

Paradoxically, it is this that increases the likelihood of re-offending on release and the associated threat to community safety.

Along with this commitment to the quality of life in prison has been an appreciation that time and money needs to be invested on an inmate-by-inmate commitment to improved sentence planning, and better arrangements for post release supervision.

Progressive punishment plan: harmonising sanction and rehabilitation

If crime control and community safety are to continue as the motivations for punishment (recognising just deserts and deterrence principles), then lower re-offending targets as public service/government commitments seem reasonable for corrective services agencies. This means that, for rehabilitation programmes to play a realistic part in the achievement of these targets, there must be a two-pronged approach to corrective services:

(1) In an atmosphere of rationalised prison resources, correctional programmes should be integrated and offender-centred. In this respect, individualised sentence management strategies should be a priority. Life quality concerns will be an important programme focus and relevance indicator. The programmes must operate under straight-forward performance indicators, which rely neither on problematic risk measures nor artificial selection criteria such as the diagnosis of original offending.

(2) Non-custodial environments for correctional programmes are to be preferred and promoted, if only on the basis of cost effectiveness. Such programmes must rely on investment in pre-release and post release transition and institutional support so that re-offending targets will be secured.

This dual approach will work if it focuses on 'what works', rather than what 'might' work. It must also grow from a foundational environment of trust and mutual self--respect rather than in an atmosphere of discriminative access to behaviour management, and thereby early release, based on suspect measures of re-offending risk.

The development of community collaborations and partnerships in the development and delivery of custodial and non-custodial correctional programmes should be encouraged as the natural progression from custodial corrective climates designed to foster cultural change within and without the prison. Particularly in the areas of employment, work ethic generation and purposeful activity, locating corrective initiatives within community settings increases the potency of employment as a factor against re-offending.

Ultimately, a progressive punishment plan, which has as its central plank corrections and restoration, will need to argue its relevance in a different way to the prison. Imprisonment is accepted as a preferred sanction despite its failings because of an epidemic of community confidence in its capacity to protect. This approach can and should be challenged by an approach to punishment planning which values realistic evaluation.

For corrections programmes inside the gaol in particular, consideration must be advanced for regimes, conditions and costs in the creation of practical prison performance indicators, such as: average hours engaged in purposeful activity; time unlocked; programme completions; total education study hours; nature of prison employment; releases on temporary (pre-release) license; accommodation in cells beyond their capacity design; prisoners testing positive for drugs; escapes; assaults and self harm; cost per uncrowded place.

A renewed commitment to rehabilitation within a smart and resource effective criminal justice model will build bridges between custodial and community corrections. Issues of cost and resource accountability in public spending are eventually catching up on the lavish investment in the failing prison of previous decades. Rights based and equitable correctional opportunities are the essential precursors for a return to rehabilitation that avoids the excesses of the sixties, the denial of the seventies, the rejection of the eighties, and the disappointment of the nineties.

By Professor Mark Findlay 20 July 05

Crime and Punishment

Prisons, by their nature and the communities they house, suffer more acutely from the social exclusion that characterises the underprivileged parts of Australian society. Without the exacerbation of a custodial experience, these characteristics alone militate against the successful reintegration of prisoners back into the community.

Prisons as progressive punishment?

Prisons, by their nature and the communities they house, suffer more acutely from the factors of social exclusion that characterise the underprivileged sectors of Australian society.

Related:

Prisoner total rises 15% in six years
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Adler punished for being in prison
NSW: Sydney businessman Rodney Adler has been transferred to a higher-security prison as punishment for allegedly attempting to conduct business activities from jail even though people are sent to prison for punishment not to be punished?

Where the Norm is Not the Norm: HARM-U
In the absence of public policy, this paper is an attempt to shine a light through the rhetoric and test for coherency in the policy and function of NSW’s only supermax prison, the High Risk Management Unit. Its present use will be compared with the ‘vision’ flogged by the Premier and the Department of Corrective Services (the Department) at its inception in 2001.

Department of Corrective Services fails to rehabilitate offenders
NSW: Unpopular people will be forced to wear tracking devices at a cost of $5,000 dollars per unit because the NSW Department of Corrective Services failed to rehabilitate those offenders at a cost of $65,000 a year while they were held in custody for many years.

Parole Board Membership
NSW: The Law Society is aware that two former long standing police officers Mr Robert Inkster, an Mr Peter Walsh, were appointed to the Parole Board as Community Members for a period of three years from 17 January 2005 until 16 January 2008.

Corrected or Corrupted
A psychiatrist from the prison Mental Health Team attached to Queensland Health made the comment that 25 per cent of inmates suffer from a diagnosed mental illness.

ICOPA XI International Conference on Penal Abolition
We are excited to announce that ICOPA X1, the eleventh International Conference on Penal Abolition will happen in Tasmania, Australia from February 9 - 11,2006. Please pass this onto all networks.

Ex-Prisoner Locked Out of Prison
The NSW Department of Corrective Services (DCS) has revealed a policy which bans ex-prisoners from entering prisons.

Justice Action: Access to our community
NSW: Justice Action went to the NSW Supreme Court before the last Federal election on the constitutional right for prisoners to receive information for their vote. The government avoided the hearing by bringing prisoners' mobile polling booths forward. We pursued it after the election. This is the report.

MORE PRISONERS LOCKDOWNS HAVE OFFICERS ON EDGE
NSW POLICE Commissioner Ken Moroney has issued an ultimatum as well, to the lawless youths holding Sydney's streets to ransom?: Learn some respect or face jail?

Tough line on crime fills jails
The tough law-and-order policies of governments around the nation are behind an explosion in the prison population by almost 80 per cent in the past two decades.

FAMILIES OF PRISONERS FORUM
14,500 children in NSW go to bed each night with a parent in prison!

LEGAL VISITS AT PARKLEA PRISON
I am a prisoner in NSW and I am currently held in Parklea Prison. I am concerned about what is going on in NSW prisons and this is my story.

Parklea Prison: No calls for six days
The last calls that were made out of Parklea Correctional Complex by my partner, an inmate in remand at Parklea, was on Wednesday 2 February. The phone lines for the inmates have been out of service to this date.

Prison visits in crisis in NSW
The reason I am writing today is to address a difficult situation that my husband and my family are going through. My husband is currently serving a sentence at Lithgow Correctional Centre in NSW.

Prison boom will prove a social bust
Hardened criminals are not filling NSW's prisons - the mentally ill and socially disadvantaged are, writes Eileen Baldry.

The prison system requires assiduous oversight
As NSW Attorney General Bob Debus noted in 1996: "The kinds of complaints which occur in the system may seem trivial to outsiders but in the superheated world of the prison, such issues can produce explosive results."

Crime and Punishment
Mark Findlay argues that the present psychological approach to prison programs is increasing the likelihood of re-offending and the threat to community safety.

Justice Denied In NSW Corrective Services
There used to be a (VJ) or Visiting Justice who would go into the prison and judge any claim or accusation that was made by any prisoner or prison guard. If it were found that a prisoner had offended then punishment was metered out.

Prison guards test positive for drugs
NSW prison visitors banned from using the toilet The visit is only for about one hour and any thing less than that is an insult. If it's proved that a visitor has broken the rules the punishment should apply to them. But collective punishment on all visitors should not be made general when others haven't broken the rules especially if it restricts all visitors from normal human needs like using a toilet.

NSW prison visitors banned from using the toilet
The New South Wales Government has introduced several initiatives to stop contraband getting into prisons they said last Friday. But under the guise of "stricter rules" the department had also introduced banning all visitors including children from using the toilet unless they terminate their visit at any NSW prison after using the toilet.

Watchdogs slaughtered in NSW
On Tuesday the Carr Government reduced transparency and accountability yet again and New South Wales is in danger of becoming entrenched with cronyism and intimidations with the Carr Labor Government that continues to slaughter the watchdogs.

Monday, February 16, 2004

Riot in Redfern over death in custody

The reported claim that 50 police were injured during rioting in Redfern over a death in custody is nothing more than a counter claim required to balance the argument that Thomas Hickey wasn't chased to his death by police.

The counter claim makes it look good for police opposed to addressing serious procedural problems within the NSW Police 'Force'.

The death of a three-year-old girl during a pursuit on Windsor Road at McGraths Hill in January 2004, is another example of police pursuits.

The Staysafe committee released a report into police pursuits in November 1994.

But The New South Wales Opposition's police spokesman, Peter Debnam, said,

"Many recommendations were yet to be implemented."

Fatal accident prompts police pursuit probe

Four people were taken into custody after anger erupted at the death of 17-year-old Aborigine Thomas Hickey, who was impaled through the neck on a fence on Saturday morning.

Mr Waites says the riot began after the death of Mr Hickey, who was impaled on a fence in the area on Saturday. "The misinformation was that they were under the belief that the police were actually involved in a pursuit where an Aboriginal youth was killed and that wasn't true," he said.

But why are police so quick to claim misinformation yet there has been no inquiry. Usually police won't say anything when there appears to have been a death in custody why the change? Obviously there are witnesses who have said that police chased the youngster to his death.

Waites says officers who were on patrol drove past the boy, who was riding his bicycle in the opposite direction. "They continued on their patrol," he said. They weren't aware that after he'd passed them, he accelerated on his pushbike and gone around a corner and lost control of it.

It wasn't till they came around the block again and people flagged them down and told them what happened [that they knew], so the suggestion that police have in some way been the cause of the death is fairly questionable."

But not if you're a witness to the police chase!

The teenager's mother, Gail Hickey, yesterday said police caused her son's death.

"I don't believe the police, I don't care what they say, I don't believe them," she said. "They did chase him at that time. I got a witness to all that. He seen everything that happened. He told me he seen my son riding the bike real fast, next minute he seen cop cars coming, chasing my son to the building there, where it happened."

Local resident Donna says people are grieving. "It all started over the coppers chasing a young boy," she said.

"It happened yesterday afternoon or last night and it's just that everybody has gone off because they believe the coppers are involved in doing away with the young fellow."

Donna says people are angry because they believe police are responsible for the teenager's death. "He was murdered," she said. "We've been down to look at the spot and everything and there's no sign, they cleaned it up that quick."

Redfern Aboriginal elder Lyall Munro says police harass local young people on a daily basis and have them running scared. "The community here is very much aware of what happened," Mr Munro said.

"This type of thing is going to happen and our young people are going to die in this way whilst ever the police are allowed to get away with it." Mr Munro says relations with police are at an all-time low.

"Community programs that we had going here ... all fell through because Aboriginal people saw what the street police done immediately after the meetings," Mr Munro said.

The president of the Indigenous Social Justice Association, Ray Jackson, says police could have managed the situation better.

He is a friend of the Hickey family and says a police car was driving in a street where the teenager's mother was grieving on Sunday afternoon.

"One report that I got was the police were smiling and sniggering and all this sort of thing and it was common knowledge that there was going to be a problem as soon as it got dark and that's exactly what's happened," Mr Jackson said.

Fatal accident prompts police pursuit probe

A fatal car accident in New South Wales has prompted a review of the procedures police use during high-speed pursuits. Police say a man and a young girl were killed when a speeding car crashed head-on into another car at McGrath's Hill in Sydney's north-west.

The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002

Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.

GIVE UP THE CHASE AND STAY SAFE!

By Sting 16 February 04

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Fatal accident prompts police pursuit probe
A fatal car accident in New South Wales has prompted a review of the procedures police use during high-speed pursuits. Police say a man and a young girl were killed when a speeding car crashed head-on into another car at McGrath's Hill in Sydney's north-west.

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The case has been reported in some media, but severely misrepresented by the ABC who falsely implied that Hoser himself made a false claim about a magistrate Hugh Adams taking a bribe. The facts of the matter are as follows: On 21 December 1988 Policeman Ross Allen Bingley made the statement of fact that Adams had been bribed to wrongly convict Hoser of Theft and assault charges. This was tape-recorded and has been transcribed since. Hoser was innocent and exonerated on appeal.

NSW Police Force: Bent cop Cribb should be treated no different
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One arrested in random raids: Police
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Random police raid terrorised residents
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Three men arrested over deadly drug feud
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Drive-by shootings: test your political IQ?
Sydney was being controlled by around a thousand gun-toting young men and a new jail was needed to put them in, the NSW opposition said on Friday, in the wake if Sydney's drive-by shootings.

NSW drug wars: family feud not responsible for shootings
Do New South Wales citizens have to be diverted from the truth about a drug infested gangland killing? Why did the police lie? Why did the Premier lie? What is wrong with our government and police, are they on the take? Are they on drugs? Are these people being drug tested?

NSW Opp calls for greater police powers
The New South Wales Opposition has used the latest fatal shooting in Sydney's south-west to call for police to be given powers to conduct random car searches.

Hollingsworth: Whistleblower meeting at Mensa
The speaker will be Kim Hollingsworth, another idealist woman police whistleblower who reported corruption within the service and wouldn't back down, despite suffering financial and emotional distress, as a consequence of Police victimisation of her.

First degree murder? Or Noble Cause Corruption?
A "STUDENT" who was alleged to be involved in a murder and armed robberies is being sent to university, after turning police informant, the man has been given indemnity from prosecution relating to a string of serious offences. These include a hold-up in which shopkeeper Khiem Lu was stabbed to death.

Australian drivers licence dangerous weapon
In the hands of police the Australian motor vehicle driver's licence has become, and soon becoming a very dangerous and powerful weapon that can and will be used against you in a court of law.

Licensed to drive, be intimidated, be harassed, and interfered with?
NSW Police should not be given any more power to stop drivers going about their business. These new powers are just a substitute for the recent attack on privacy, whereby police wanted to search for guns by stopping drivers randomly.

The Australian Institute of Criminology has released the National Deaths in Custody Program annual report for 2002 Between January and December 2002, there was a total of 69 deaths in custody in Australia. There were 50 deaths in prison custody and 19 deaths in police custody and custody-related police operations.

Police WarLords set to take over Sydney again
Police warlords are set to take over Sydney's suburbs because police are not being supervised properly.

Jailed man's conviction to be reviewed
The New South Wales Court of Criminal Appeal will today review the conviction of a man, after claims in the Police Integrity Commission (PIC) last year that police planted weapons and faked suspects' confessions.

Rookies step up to ranks of Keystone-Cops?
Officers untrained in major criminal investigation are being posted to the state's elite body of detectives.

The inaugural Australian Police Summit
The inaugural Australian Police Summit (APS) will take place 18-19 June 2003 at the Australian Technology Park, Sydney. APS is Australia's only dedicated event focusing on all aspects of Law Enforcement and Policing.

NSW Police! Soothsayers or slayers? Strategy part 3 Permit denial
Part three: Refuse to grant a permit for another planned march because they manipulated the populist view. How? By exploiting your argument and eroding the public's confidence in peaceful demonstrations and by using the media to tell their lies, then using that as a weapon against peace.

Police violence fractures Peace movements?
The resolution also criticised New South Wales Assistant Police Commissioner Dick Adams for creating a threatening environment by mobilising excessive force for the protest.

No confidence in 'Force' when service is out the door
How are shopkeepers and service staff going to feel today knowing police are vulnerable to be attacked while serving customers at the counter of a police station?

Every dog has his day: Brammer resigns
The Police Integrity Commission found that Brammer, along with other senior police, had at times displayed a lack of support for the former police reform body, the Crime Management Support Unit.

MPs told of police corruption
Corruption and mismanagement are still entrenched in the NSW Police, and problems at the highest levels are "whitewashed", according to evidence given yesterday to a federal parliamentary committee.

Black Knight Moroney to give evidence?
Accusations about former high-ranking NSW policewoman Lola Scott's alleged failure to act against paedophiles have dominated a federal crime inquiry hearing in Sydney.

The NSW Police Force
The NSW Police Force has stopped production on its new movie Viking. Viking, showing in NSW Parliament House and in the suburbs of Sydney recently.

Crime victim group wants say in money allocation
A spokesperson from Justice Action Mr Brett Collins said, "Victims should be properly compensated regardless of the source and that is currently the law. The law says you don't need to find even the offender to get compensation. This is an attempt by the opposition to create a law and order issue-involving victims when there is in fact no issue!

Abolition of 800 year old double jeopardy law a crime
The 800-year-old rule prevents a person who's acquitted of a criminal charge from ever being re-tried for that offense.

When real safety is jeopardised in NSW
Perception of crime is still a problem in NSW, with a new Productivity Commission report showing the state's citizens feel less safe than most of their counterparts.

Terry Falconer: KILLED IN CUSTODY
TERRY FALCONER CASE: Terry Falconer was picked up by a uniformed policeman and two detectives on work release from Silverwater jail. Handcuffed and found two weeks later chopped up in chicken wire at Wauchope and dumped below the tide mark. Two fishermen found Falconer.

The body in the seven bags still hides its secrets Who is going to report this failure by the NSW police to solve this most important crime? When there is evidence that the perpetrator was the police who are the same people who are investigating the crime or said to be investigating the crime. The diversion here is that bikies committed the crime even though the head of Rebells bikie gang worked for the NSW police for 22 years in an elite tactical response group.

Call to Bronwyn Bishop's Federal Crime Inquiry
I call on Bronwyn Bishop to allow me to produce first evidence about police corruption and to be able to attend Parliament House Sydney without fear of conviction.

'Police Integrity Commission' Why do you lie like that?
A Police Integrity Commission inquiry which took more than a year, heard more than 50 witnesses - many of them senior police - and cost millions of dollars, has recommended that no action be taken against anyone.

Australia: politicians should watch police
In Sydney yesterday the Opposition police spokesman, Andrew Tink, urged Federal Labor MPs to allow the public hearing of the claims, which include that senior police, the PIC and the Ombudsman's office were failing to investigate legitimate complaints of misconduct, including corruption in the police promotion system.

The community questions ICAC's slagging and fobbing you off?
The ICAC, Commissions, Ombudsman, Police Integrity Commission (PIC), and numerous Tribunals etc, are all arms of government set up as an insurance police for the government's 3 or 4 year election terms. In short they'll be out of office by the time you may be lucky enough to have your matter heard.

Who is bad?
Super Rat? M5? M11? K8? N2? So I trust that some people who, with the photos and guns guessed that a jury would quickly establish a case against a profiled person whom, you just had a picture and a history of. Common knowledge? The government knew their victims would take the blame. Not just chess in court, 'moving around the pieces', but 'putting false evidence, or not enough evidence before the jury."

2,500 crooked detectives? Or a corrupt Government?
Evan Whitton: Either two things occurred. If you said you didn't join the police force to extort money from working girls, your papers were marked 'not suitable for plain clothes' and you were sent back to uniform.

How to become corruption resistant in NSW
Don't trust those who cannot prove themselves with the little amounts of trust you give them. Just because they have a letter of perceived trust doesn't mean they can be trusted.

This is not how you eat 'antisocial behaviour'
Process corruption, perjury, planting of evidence, verbals, fabricated confessions, denial of suspects rights, a solicitor to induce confessions, tampering with electronic recording equipment, framing. Generally green lighting crime, and I say Murder, including the kids who overdosed on heroin. No doubt.

Black Knight - Long way to go home
In line with the current climate of police corruption and the demise of the reform unit set up by Wood, these facts ought to have been a good reason to leave Moroney out of the package as Commissioner.

Deeds
I am disturbed by Governments 'actions' in relation to shuffling the police service. Clive Small seconded into Parliament like a cocky in a perch. A breach of the fundamental Separation of Powers Doctrine does not in my view allow the thought of intervening, planning, or shuffling to stack the deck of our police service. The one that suppose to be autonomous according to Lord Denning. Where the Parliamentary Secretary can ask the commissioner of police to 'report' then sack him if he is not satisfied with such report.

Australia's Political Underworld...& their enforcers
The promotion of law and order means money to big business. Profits from insurance, security fixtures, patrol services and the like can only continue to grow if the perceived threat of uncontrollable crime wave escalates. In the past few months there have been many examples of the true nature of our blood thirsty politicians and their sinister attempts to spoon-feed a not so gullible public with their repetitious rhetoric.

Truth
Who is telling the truth? Well I guess Dr. Ed. Chadbourne or Mr. Peter Ryan may have the answer to that. Dr. Chadbourne sacked by Peter Ryan and more specifically in my view because he elected deputy commissioners Dave Madden and Andrew Scipione as the best men in the service in relation to his qualifications to make a recommendation in his capacity as human resources.That is if you believe that a Dr. can be corrupted.

Honesty
What is happening between the Police Service and politics is quite extraordinary at the moment. If stand over tactics don't work tell half the truth honestly and follow the example of sheep. Another word for it is sleaze, yeah. Another word for it is workplace harassment. Another word for it is bribing a Police Officer. Another word for it is misleading Parliament.

Tele Tales
Most people I know don't buy the Daily Telegraph. Why? Because of the lies and propaganda purported by them.

Lord Denning
Interesting how a member of the Police Board Mr. Tim Priest would hold grave fears for his safety from dangerous senior police but fails to name them or have them sacked. Rather Priest resigns as if he had no powers. Could that mean what he was saying is that the Governments are also corrupt?

Corrosive
Clive Small is Bob Carr's choice for the new Police Commissioner. It could only be the case considering his, Small's special appointment into Parliament House. Small who suffers from the little person syndrome is the ideal bend over boy who gets shuffled through his corrupt actions. Rolling the legal system for him after the fact, just like his predecessor Roger the dodger Rogerson.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Same boat
The Premier, Bob Carr, relies on a militia. A gang of bikies and our Police Service, to show all of us he is no murderer. He should be taken to the task along with his partners in crime like Clive Small to account for those people who like my self have been maliciously assaulted and who have complained, without any service and those who cannot speak for themselves who were murdered, like Terry Falconer. Terry murdered in custody.

Good Cop
Why have our democratic institutions broken down? It's not just the criminal justice system. The Anti-Corruption Network webmaster@anti-corruption-network.org exposes the same issues. A group of white-collar workers who say they have suffered as follows:

Dangerous
I refer to the Daily Telegraph article 22 March 2002 under the heading Priest quits advisory job.

Partners in crime - history!
Roger Rogerson, the old hero, who never faced a result in the Warren Lanfranchi, or Sally-Anne Huckstepp murders, was let off in my opinion when the New South Wales Government rolled the legal system (deciding what evidence to give the police prosecutor) to have the jury believe the illusion they (the Government wanted to create).

Police Chronology 1994-2001
View events in the NSW Police Force since the Wood Royal Commission began in 1994. 1994 May Justice James Wood is appointed Commissioner of the Royal Commission into the NSW Police Service ('WRC').

Tuesday, October 21, 2003

80-20 Family Court rule irrational: Martian

A Martian came down from Mars and he noticed that children were the products of a father and a mother. When the family split up the children were still the products of a father and a mother.

The Martian saw the mother and the father go to court because they couldn't arrange a proper and fair arrangement between themselves. Questions were raised like whose fault it was for the essence of the breakdown and who didn't put the garbage out.

Mum and Dad had developed a personality clash between them and couldn't agree about the children, because their emotional levels and the value and principals (children) were very high.

But the Judge at the Family Court said the husband should pay a gross penalty here because he/she had decided or was influenced to believe that the mother was the best person to raise the child.

The Martian was surprised at the outcome. When he went back to Mars and sat on the Martian Council, explaining to his fellow Martians that the Family Court was "irrational" about shared parenting. The children were the product of both parents he said but there was an 80-20 rule in the court, which was unequal.

If parents were not judged equally and were not given an equal opportunity to share an equal amount of time with their children, when the children were the products of both the father and the mother and the family was split, then this was irrational.

Not just that, he explained, but what if after the orders were made by the court and during the course of the already unequal status, one parent decided to move interstate or overseas fragmenting altogether, the contact by one parent to the children of the marriage?

What if one parent who had custody was just a pain in the neck and decided the other parent was never going to see their children again? Did the custodial parent have an advantage, to throttle the other parent?

Of course this is a danger and some parents never accepted the result. Some parents killed themselves over it, some parents killed their spouse, and some parents killed their children.

Why? Because some parents had less social skills and limited social contacts, low self-esteem and self-worth and didn't make the connection, that it was "their fault". These parents were placed under considerable pressure or had limited resources to deal with this incredible penalty metered out by authorities.

Research has been around for years that the majority of children who live with one parent developed long-lasting psychological problems, and were confused and some even anti-social.

Such arrangements caused enduring "disorganised attachment" with one parent in 80 per cent of juveniles because of split marriages says Gregory Kable from Justice Action.

"Family therapist make mince meat out of these families. Families who disagree and who go on to be used as fodder for this victim industry. You'll probably read about psychologists and family therapists in the Herald today screaming that they have the answer."

"But most likely if you ask them "do you have children of your own?" they fall flat on there arse, because they were too busy doing their degree. But they still have all the answers?"

"It's too hard for them to ask people who have lived through the unfairness. They don't ask where are your children today."

My answer is, "I don't know, perhaps there on Mars." Some old children and adults, have developed "alarming levels of emotional insecurity and poor ability to regulate strong emotion" being detached and having no sense of identity, because of the detachment from one parent or the other, or one family or the other for that matter.

Gregory Kable called the presumption of 50-50 shared parenting, the focus of a federal parliamentary inquiry into child custody, "an equal idea". Mr Kable's research, history and experience in the Family Court and dealing with marriage breakdown is extensive and in fact the NSW government prevented him seeing his children by passing a law. Mr Kable agreed that the sensitive involvement of both parents was vital to children's adjustment after family breakdown but said the greatest damage came from continuing parental conflict over the 80-20 rule, whatever the living arrangements.

"Single parenting in the absence of a father figure and one side of the family respectively cannot support the necessary balance for children. It causes long term damage for the children particularly seen in confused and anti-social teenagers," he said.

"Equally, shared parenting and arrangements, balanced the developmental needs for a secure predictable long term existence with the children's family attachment figures, the father, mother, siblings and grandparents, even if the family breaks down"

A bond with both parents could profoundly influence a child's development, but prolonged absences from one parent or the other parent or from one family or the other family and multiple indecisions confused children, especially when parents were in conflict over unequal access.

For children who had regular access to both parents, attachment was well as can be expected given the reality of the marriage breakdown. Shared residence in early adolescence was a viable and useful solution to marriage breakdown, providing parents managed their conflict and the child was allowed some choice.

A mediator from Relationships Australia, Dianne Gibson, said it was best for young children to spend some time with both parents.

Clinical psychologists involved in family law benefit from the 80-20 situation because of the additional tension created by the rule. For instances when judges order psychologists to interview the family including the children of the marriage and report to the court. These people are worse than the pharmaceutical companies.

Professor Lawrie Moloney, from La Trobe University, says the assumption of joint custody is offensive.

"You don't treat the child as an object," he said.

Mr Kable said, "Professor Lawrie Moloney is not helping anyone understand the issue because the court is deciding on the breakdown of a family into parts in the first place because their parents don't get on."

"It is my understanding that you're deciding where each part should be satisfied equally."

By My Favourite October 21 03

Related:

Fatherless Society "80-20 rule Vs 50-50 rule" family law
A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Australia to tackle child abuse and rescue impoverished children?
A national report on child protection in the Northern Territory has blasted the system, saying it has abandoned the most impoverished children and families in Australia.

ATSIC call to smack kids?
The ATSIC commissioner said the high levels of regulation was not unlike the attention focused on Aboriginal families that led to the creation of a Stolen Generation of Aboriginal people. Mr Hill said he did not condone violence and admitted he did not smack his own children, but he stressed he wanted the issue of child discipline debated among Aboriginal people and community leaders.

No-Smacking Day for Children in NSW
Patmalar Ambikapathy the Children's Commissioner, HOBART Tasmania spoke to Gregory Kable a caseworker at Justice Action at the Controlling Crime Conference at Redfern in Sydney yesterday and we both realised how parallel our ideas about crime prevention were.

Judge renews child detainee release call
A Family Court judge, for a second time, has appealed to Immigration Minister, war criminal, Philip Ruddock to address the issue of children in detention.

Partnership to tackle Aboriginal children's health issues
Australian of the Year Professor Fiona Stanley has called for a sense of urgency in tackling the serious health problems facing Aboriginal children.

Graffiti: What they see is what you get
Father David Equal, a community leader has described the graffiti as the response to neglect by Australia's leaders, and the mainstream media, who have discriminated against people, recently.

Ruddock to challenge Family Court ruling
Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

States to cooperate on school curriculums but social skills don't rate? State and territory education ministers say Federal Education Minister Brendan Nelson's heavy-handed threats to school funding will not assist their ambitious initiative to develop consistent school curriculum’s in key subjects.[?]

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

School Curriculum needs balance? Life Skills and Academic Skills go hand in hand man Colin you need to be the students friends not their judge. Only when you can invite the students into the decision making process will you get an obligation by them to change their behaviour, because you Colin could lead by example and not by power.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Parents call for feedback on social skills
Parents are calling for the same level of feedback on their children's social development as on their academic progress, according to a national survey.

Call to update suicide prevention strategy: study
A four-year study of suicides by people under the age of 18 in New South Wales, has found little difference between rates of suicide in rural and regional areas and cities.

Alcohol is just the beginning
People who start using alcohol by their mid teens are more than twice as likely as others to experiment with different drugs and to become dependent on drugs a major Australian study has found.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

The Seed
Respect, you only get out what you have put in. What about Life Skills, Communication and Conflict Resolution. Evolution, perhaps some children and adults miss the whole or part of the course. I did, and so how surprised do you think I was when I realised my parents missed the course as well. Things like Compromise, Win Win, Empathy, and Love. Invisible energy and other skills like public speaking, how to Relate, Assuming, Blaming, Forgiveness, Freedom and Discrimination. This is how I learned respect. If you don't know what it is then how do you relate?

The Law According to Gregory Wayne Kable
I was sharply separated from both my children aged just 4 years and two years and sent to prison for the manslaughter of my wife. I cared for my children when my wife worked and I believe that I still had a responsibility to them even after the crisis situation and tragedy. I wanted to reassure them now and find out how they were doing.

Monday, October 20, 2003

Fatherless Society "80-20 rule Vs 50-50 rule" family law

A Federal Parliamentary inquiry has heard that more children will grow up without fathers unless changes are made to family law. The committee is considering whether separated parents should share equal custody of their children.

Chief Justice of the Family Court, Justice Alistair Nicholson, last week told the inquiry shared custody would not work for most families and could have a detrimental impact on children.

But I would have thought that there were already detrimental impacts on children and parents hence the need for an inquiry.

Lone Fathers' Association spokesman, Jim Carter, says the Family Court has some old-fashioned ideas about the best interests of children. Mr Carter says surveys have repeatedly shown children want equal time with parents.

"The system appears to be leading in many cases something like a fatherless society, which cannot be in the best interests of the children," Mr Carter said.

"So our assessment of that is that there is a need for change. The rules and the administration of the rules in this whole area must change."

But the inquiry is being told that 50-50 custody may hurt children. [?]

How could equality hurt any form of rule?

A federal parliamentary inquiry has heard presumed joint child custody after a separation could be damaging to a young child's development. [Heard by who? If they're not willing to say who says what, then why do they have a right to say it? Because that person has not shown themselves or any biases.]

The inquiry is again taking evidence in Canberra, looking at an idea raised by the Prime Minister for automatic equal custody.

Liberal backbencher Peter Dutton says presumed 50-50 child custody could be needed because the Family Court system is failing separated families.

"We've got this template at the moment which is an 80-20 situation," he said.

But clinical psychologist Dr Jennifer McIntosh has argued against the 50-50 presumption when conflict is evident between parents. She says that occurs two thirds of the time.

"Presumption is unsafe if we're looking statistically at that population," She said.

[But the conflicts usually occur from something? What about child access?]

GKCNN spoke to Justice Action's caseworker Mr Gregory Kable, "Clinical psychologists involved in family law benefit from the 80-20 situation because of the additional tension created by the rule.

For instances when judges order psychologists to interview the family including the children of the marriage and report to the court. These people are worse than the pharmaceutical companies," he said.

Professor Lawrie Moloney, from La Trobe University, says the assumption of joint custody is offensive.

"You don't treat the child as an object," he said.

Mr Kable said, "Professor Lawrie Moloney is not helping anyone understand the issue, because the court is deciding on the breakdown of a family into parts in the first place, because their parents don't get on."

"It is my understanding that they're deciding where each part should be satisfied equally."


The inquiry is in its second month and it will report back by the end of the year.

By Dear Old Dad 20 October 2003

Related:

Australia to tackle child abuse and rescue impoverished children?
A national report on child protection in the Northern Territory has blasted the system, saying it has abandoned the most impoverished children and families in Australia.

ATSIC call to smack kids?
The ATSIC commissioner said the high levels of regulation was not unlike the attention focused on Aboriginal families that led to the creation of a Stolen Generation of Aboriginal people. Mr Hill said he did not condone violence and admitted he did not smack his own children, but he stressed he wanted the issue of child discipline debated among Aboriginal people and community leaders.

No-Smacking Day for Children in NSW
Patmalar Ambikapathy the Children's Commissioner, HOBART Tasmania spoke to Gregory Kable a caseworker at Justice Action at the Controlling Crime Conference at Redfern in Sydney yesterday and we both realised how parallel our ideas about crime prevention were.

Judge renews child detainee release call
A Family Court judge, for a second time, has appealed to Immigration Minister, war criminal, Philip Ruddock to address the issue of children in detention.

Partnership to tackle Aboriginal children's health issues
Australian of the Year Professor Fiona Stanley has called for a sense of urgency in tackling the serious health problems facing Aboriginal children.

Graffiti: What they see is what you get
Father David Equal, a community leader has described the graffiti as the response to neglect by Australia's leaders, and the mainstream media, who have discriminated against people, recently.

Ruddock to challenge Family Court ruling
Ruddock said it is unfortunate the Full Court of the Family Court made the decision. He said a successful High Court challenge could see the children returned to detention.

Men told to change role but what for?
Fathers must take an equal role in parenting before their marriages end in divorce if changes to child custody laws are going to work, Pru Goward said yesterday.

Parents on the inside leave children on the edge
They have been dubbed the forgotten generation - the innocent casualties of their parents' crimes. New research shows that in 2001 14,500 NSW children had a parent in jail. And 60,000 NSW children under 16 have experienced the incarceration of a parent, more than half enduring the trauma of separation before they turn five.

States to cooperate on school curriculums but social skills don't rate? State and territory education ministers say Federal Education Minister Brendan Nelson's heavy-handed threats to school funding will not assist their ambitious initiative to develop consistent school curriculum’s in key subjects.[?]

Family Law: Shared parenting arrangements
My children were four and two years of age and it's been fourteen years since I seen my children who are now adults. I don't know where they are because the government fragmented us by order of the Family Court of Australia, which should be called, the Anti-Family Court of Australia. Big yawn!!!

School Curriculum needs balance? Life Skills and Academic Skills go hand in hand man Colin you need to be the students friends not their judge. Only when you can invite the students into the decision making process will you get an obligation by them to change their behaviour, because you Colin could lead by example and not by power.

Australian fathers under terrorist attack-by its Politicians
Ruthless terrorists tactics are used by the state deny devoted fathers their children, and place vulnerable children at risk when they are denied their fathers protection. Five hundred thousand Australian children are denied contact with their father usually resulting from orders of the state by the Family and other Courts.

When is Michael Richardson going to remove the offending Family Court affidavit from the NSW Parliament website? Criminal: Hills district MP Michael Richardson. When is he going to remove these uncorroborated lies and family court pleadings on the confidential Family Court affidavit from the NSW Parliament website?

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Fiona Stanley, the children's crusader
It is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

Parents call for feedback on social skills
Parents are calling for the same level of feedback on their children's social development as on their academic progress, according to a national survey.

Call to update suicide prevention strategy: study
A four-year study of suicides by people under the age of 18 in New South Wales, has found little difference between rates of suicide in rural and regional areas and cities.

Alcohol is just the beginning
People who start using alcohol by their mid teens are more than twice as likely as others to experiment with different drugs and to become dependent on drugs a major Australian study has found.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

The Seed
Respect, you only get out what you have put in. What about Life Skills, Communication and Conflict Resolution. Evolution, perhaps some children and adults miss the whole or part of the course. I did, and so how surprised do you think I was when I realised my parents missed the course as well. Things like Compromise, Win Win, Empathy, and Love. Invisible energy and other skills like public speaking, how to Relate, Assuming, Blaming, Forgiveness, Freedom and Discrimination. This is how I learned respect. If you don't know what it is then how do you relate?

The Law According to Gregory Wayne Kable
I was sharply separated from both my children aged just 4 years and two years and sent to prison for the manslaughter of my wife. I cared for my children when my wife worked and I believe that I still had a responsibility to them even after the crisis situation and tragedy. I wanted to reassure them now and find out how they were doing.