1993
Note: No submission is recorded as being made in 1992.
1993.1. Radio and Television Services.
Submitted 9 February 1993 to the Australian Broadcasting Authority.
Published: Victorian Humanist, March 1993: 11.
Submission on “Planning for Radio and TV Services”
Generalised summary
We urged that these services should utilise their unique potential to foster enlightenment and tolerant attitudes; to educate; to provide meaningful and intelligent entertainment; curb frequent and fictional portrayals of violence; to deglamorise the Rambo style. We commented on the present style of advertising and argued against televangelism.
Relevant references accompanied the HSV submission.
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1993.2. High Priority Subjects for Research
Submitted 20 February 1993 to the Australian Science & Technology Council.
Published: Victorian Humanist, May 1993: 3 (& July 1991).
The Australian Science and Technology Council (ASTEC) invited the HSV to submit for consideration high priority issues for research.
We submitted:
1. The optimal size of population in Australia — on the basis of sustainability and environmental aspects related to land use, forest resources, water, top soil degradation etc.
2. Science Education — to impart the understanding and ability to cope with modern life. Early, positive introduction to this subject; improved teaching methods and standards; resolving gender problems in coeducational classes in science; the low participation of females in scientific studies; fostering critical examination of statements and scepticism towards dogma; fostering [an] ethical approach and the sense of social responsibility were are [sic: our] supporting comments.
3. The Health of the Nation. — Effective preventative measures for diseases of rising incidence; specific research into prevention of permanent disability; some practices of alternative medicine; a more holistic approach to disease; cost-effectiveness of such approaches were our main points.
ADDENDUM
From the Victorian Humanist, July 1991: 4.
Feedback from ASTEC – Australian Science and Technology Council.
The following is a summary of the recommendations on strategic research in Australia, Bridging the Gap.
As the humanities and social sciences have a strong ethical component and powerfully influence our view of the world and society, a stronger relationship with the natural sciences and technology would be of mutual benefit.
The report finds that teaching and research institutions do not encourage the necessary interaction between these fields of knowledge and gives eight detailed recommendations on ways of improving communication, achieving trans-disciplinary research, having input into government policies and developing programs of activity towards networking with learned societies and academies.
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1993.5. Indigenous People: a New Partnership
Submitted 27 May 1993 to the Minister for Aboriginal Affairs, Australia.
Published: Victorian Humanist, July 1993: 4.
“Indigenous People – A New Partnership” [was] the theme for 1993, the International Year for the World’s indigenous people.
In our submission to the Minister for Aboriginal Affairs we stated that many prominent Australians worked and campaigned for the improvement of the position of our indigenous people. Considerable goodwill exists in the general community, yet there is still a great deal of disadvantage and discrimination suffered by the Aborigines.
We expressed, among other things, that the Mabo Case will lead to fair settlement of land ownership; that the many social problems can be addressed; that racist attitudes and practices will abate in response to educational campaigns and legal reforms; that the many initiatives undertaken recently to improve the situation will succeed; that the profound differences that exist between our two cultures can be met with understanding and acceptance on both sides.
We suggested a number of approaches and urged the transfer of powers affecting the human rights of the indigenous people to the Federal sphere.
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1993.5. Gender Issues and the Judiciary
Submitted 4 July 1993 to the Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia.
Published: Victorian Humanist, Sept. 1993: 9.
The Senate Standing Committee on Legal and Constitutional Affairs called, at short notice, for submissions on “Gender Issues and the Judiciary”. It asked if (a) there appears to be a failure to understand gender issues by the judiciary and (b) what could be the appropriate response.
We quoted results of surveys by the Australian Institute of Criminology and the Victorian Law Reform Commission (1989-90), the research by Dr Easteal, statements by the Federal Attorney-General Mr Lavararch, and proceedings from a conference “Women and the Law”, all of which present gender bias among the judiciary.
As the appropriate response, we supported the following proposals put forward by senior judges, the Institute of Judicial Administration and the Law Reform Commission: a Canadian program set up to identify and correct gender bias in courts, putting women Crown prosecutors in sexual assault cases; allow evidence from specialist groups before the court, promotion of more women judges, system of education such as initiated by judges of County Court and the judiciary of W.A.; the establishment of a sentencing database so that all sentencing comments made by judges would be available on public record and in full context.
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1993.6. Rights and Obligations of the Media
Submitted 30 August 1993 to the Senate Standing Committee on Legal and Constitutional Affairs, Parliament of Australia.
Published: Victorian Humanist, Oct. 1993: 12 – 13.
The following is a summary of The Humanist Society of Victoria’s submission to the Senate Standing Committee on Legal and Constitutional Affairs, in response to their call for submissions on the subject “The Rights and Obligations of the Media”.
Submissions made by the Society are based on views expressed by members at specialty convened group discussions.
The right to privacy and the right to know.
Ordinary individuals should have an absolute right to privacy. The community has no relevant “right to know”.
Invasions of privacy such as harassing accident victims or the mentally impaired should carry higher penalties.
A distinction should be made between photographs taken from a public place and those taken while trespassing. A statutory code would be desirable.
Elected officials [and] listed companies
In respect to the public activities of elected officials, the community’s “right to know” outweighs the right to privacy.
For listed companies, the privilege of listing should bring with it the obligation of accountability.
Protection of journalists’ sources
Because the community gains from “whistle blowers”, we support the granting of “shield laws” to enable journalists to protect their sources. However, journalists should not offer protection lightly, and such protection should depend on the veracity of information given.
“Shielding” should not be granted where a serious injustice would result from nondisclosure.
Public assess [sic: access] to the media
Persons claiming to have been misrepresented by the media should have a statutory right to put their side of the story with equal prominence.
Courts, tribunals and the media
We support the right of the media to report legal proceedings, with some exceptions. Names of minors and of certain victims and witnesses should be suppressed, as should certain medical evidence.
Notes on journalistic ethics
The journalist’s code on “unnecessary emphasis” should extend to non-belief (atheists, agnostics etc.).
Material obtained through illegal phone tapping should be excluded.
Interviews should be terminated at the request of the interviewee.
Disciplinary processes for journalists
The Judiciary Committee dealing with breaches of the Code of Ethics should contain persons who are not members of the A.J.A. [Australian Journalists’ Association], for example, civil libertarians etc.
Other matters
1. “Gender bias” must be addressed.
2. “Talk-back” sessions must not be presented as reliable indicators of public opinion.
3. Camera tricks, such as the recent “nude photo” of the Victorian Premier, are deceitful and ultimately erode the credibility of the media.
4. Gratuitous violence, particularly during children’s viewing time, is an abrogation of the media’s responsibility to portray a balanced view of reality.
5. The intrusion of journalists into critical stages of a police operation should be regarded as unethical.
6. Provision for compulsory “free time” to be granted for religious broadcasts is incompatible with a secular state and should be scrapped. Sectarian claims on the media can cause divisiveness and fuel imported conflicts.
7. We are concerned with the lack of an independent mechanism to deal with complaints about journalists. This, combined with self-regulation, adds up to inadequate accountability.
8. Reporters and writers should have some form of protection from undue editorial control, especially in these days of concentrated media ownership.
9. The media should supply accurate, balanced information, obtained by ethical and legal means.
. . .
ADDENDUM
From the Victorian Humanist, Nov. 1994: 4
Feedback
In August 1993 we made a submission to the Senate Standing Committee on Legal and Constitutional Affairs on the Inquiry Into the Rights and Obligations of the media.
The First report sent us deals with the shield laws for journalists’ confidential sources, accountability in the print media, and protection against defamation and changes in the code of ethics. The press Council is to have power to impose and enforce sanctions on the print media. Other measures are recommended to improve self regulation and the standards of reporting.
These recommendations, if adopted, could resolve a number of problems associated with competing interests, e.g. rights to privacy and the public’s right to know.
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1993.7. Equality before the Law
Submitted 29 September 1993 to the Australian Law Reform Commission.
Published: Victorian Humanist, Nov. 1993: 11 – 12.
“Equality before the Law”
The following is a summary of views expressed at the discussion group, convened on 10 October 1993, to compile a submission to the Australian Law Reform Commission. The submission based on this group discussion was submitted on behalf of the HSV by the Convenor, Halina Strnad.
General Remarks
It was acknowledged that many examples of gender bias against women remain etched in law. Much of this bias stems from religious dogma, which espouses the view that women are inferior to men and should be subservient to men. Even today, so-called “spiritual advisers” still attempt to deny women the right to control their fertility, and to enforce age old double standards on female spouses.
Specific Comments
We support the proposal for uniformity of legislation throughout Australia.
We believe it is essential for Australia to comply with its obligations under the international covenants to which it is a signatory.
It was noted that an investigation of gender bias was undertaken in Canada. Given the cultural and social similarities between our countries, it was believed that a study of the Canadian experience would be of benefit to us.
It was noted that many complaints have been made regarding discrimination in “women’s clinics”. It was agreed that the setting up of special “male clinics” for vasectomies and for ailments such as prostatic carcinoma, sexual impotence etc., could help to “balance” the system.
The Discussion Group noted the following several factors which have a
negative impact upon equality:
• The media still tends to trivialise women as “housewives”, or focus on them as fashion models or “sex symbols”.
• Women still face significant inequality in employment, in the church and in family responsibilities.
• Domestic violence against women is of major concern. It was the view of the group that women still do not receive adequate protection from the Police, or a “fair go” from the courts.
• It was noted that the law is still based on the perspective of the ‘‘reasonable man”. The female approach to conflict resolution, competing interests and the use of power is given no expression in law.
• Recent well publicised court judgements have highlighted the insensitivity of the “powers that be” to the plight of women. It was agreed that “expressed bias” in court proceedings should be a valid cause of complaint against a judge.
• Many women are unaware of their legal rights, due to their lifestyles and traditional social and family preoccupations.
It was agreed that the most disadvantaged in terms of equality before the law are the Aboriginal and Torres Strait Islander women, with racism compounding gender bias. These women must exist in two vastly different cultures and codes of law. Their opportunities to protect their rights are scant.
It was the view of the discussion group that education was the key.
The rights of women and children should be part of both primary and secondary education.
The use of the media to promote equal rights (also broadcast in foreign languages
for migrant groups) could also be beneficial.
It was suggested that an office or “tribunal” could be set up to deal with cases of bias. This tribunal could also report cases to the Attorney-General.
It was agreed that there are many other groups in society, apart from women, who are regularly the victims of bias: migrants, homosexuals, atheists, members of less “orthodox” religions, [and] those who choose “alternate lifestyles”.
Bias against these groups should also be opposed.
It was suggested that members of the Judiciary be given special courses dealing with bias, and that these courses could also be part of the Law Studies curriculum.
On Family Relationships and Marriage.
The [discussion] group supported the recommendation to treat marriage, under the law, as a partnership with equal rights.
De facto relationships of the same or opposite gender should be defined uniformly throughout the States on the basis of:
• length of cohabitation;.
• stability;.
• evidence of commitment; [and]
• sharing of properties and duties.
A contract relating to ownership of assets would be helpful.
Domestic violence has not be[en] dealt with adequately. Both the Police and the courts require a serious change of attitude to this major social problem. “Wife bashing” has been regarded as acceptable and normal by a significant portion of our society. Intensive educational campaigns, publicity and prosecutions for criminal assault would help speed up this change of attitude.
In competing interests and needs upon a family break-up, the interests of the child should remain paramount. The role of all significant adults should be encouraged and supported by the courts.
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1993.8. Inquiry into the Role and Function of the Australian Law Reform Commission
Submitted 17 October 1993 to the House of Representatives Standing Committee on Legal and Constitutional Affairs.
Published: Victorian Humanist, Feb. 1994: 4.
Inquiry into the Role and Function of the Australian Law Reform Commission
Main points made
[The Australian] Law Reform Commission informs community opinion through the publication of issues [and] discussion papers; fosters public input; valuable process of consultation.
It should: repeal archaic laws (e.g. blasphemy), update existing legislation, remove bias from laws, propose new laws, ensure national uniformity, put statutes in plain English. It should be a separate, independent body, its membership should be representative of the community.
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1993.9. Review of the Firearms Act
Submitted 27 October 1993 to the Firearms Consultative Committee.
Published: Victorian Humanist, Feb. 1994: 4; and correction, V.H., March 1994: 4.
Main points made
Ownership of a firearm is a privilege not a right*. There should be uniformity of legislation across the States. Data shows that the incidence of intentional and accidental homicide and injury is directly proportional to weapon availability. Guns often used for “victim management” in domestic disputes. Better credentials for licence holders, gun registration, improved storage and safety requirements. The governing bodies need to be more representative of the community.
* Originally printed (Feb. 1994) as “a right not a privilege”; corrected, March 1994.
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1993.10. Alcohol and Other Drugs in the Australian Workplace
Submitted 15 November 1993 to the Drugs of Dependence (DoD) Branch, Department of Health, Australia.
Published: Victorian Humanist, Feb. 1994: 4.
Main points made
The need for intensive educational campaign to change this strong cultural trait. Safety related tests for alcohol and other drugs of dependence that affect performance should be carried out in the workplace.
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1993.11. Inquiry into the Workforce of the Future
Submitted 28 November 1993 to the House of Representatives Standing Committee on Long Term Strategies, Parliament of Australia.
Published: Victorian Humanist, Feb. 1994: 4.
Main points made
Long-term plans must consider present high levels of unemployment to prevent the emergence of a class of chronically unemployed.
We commented on the following proposals: temporary levies and taxes to fund job schemes, wage subsidies, casual and part-time work, local capital works programs, interstate transport works, plants for recycling, shorter working week, guaranteed minimum income, training for skills in information industries, social participation not traditionally regarded as work, skilled aged to instruct new workers, education for inevitable changes in work of the future
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[End of 1993]
