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Rights at Work and Civil Rights – same thing

By Brian Boyd, VTHC Secretary

9 March 2010
The fight against the Howard government’s vicious IR laws (WorkChoices) had a key theme – defend rights at work.   While this campaign remains unfinished business in terms of the Rudd government’s Fair Work Act replacement, it is worthwhile checking on the threats to wider civil rights in the current climate.

 

Workers rights and civil rights should be seen in the same context.

 

Recently the Victorian government set up the local Government Inspectorate (LGI), giving it extreme powers to investigate any issue it likes.    Basic industrial issues like taking supportive action over unfair dismissals can see unions and rank and file workers alike hauled before investigators for interrogations, under the threat of big fines.

 

The ASU has begun a campaign to have the LGI abolished, called “Recover Our Rights”.

 

This body's extreme powers are the same as what ASIO has to fight terrorism and the ABCC has to suppress the nation’s building workers.

 

The Howard government introduced draconian anti-terrorism powers and the Rudd government has refused to review them, as promised.

 

Personal freedom has been quietly compromised in recent years.   The police and spy services have had their powers vastly increased through legislation that was not publicly debated in any real way.

 

Civil and legal rights have been undermined by these laws and regulations that include.

 

• Provisions for preventative arrest and detention
• Control orders for close surveillance of individuals
• Stop, search, question, seizure and identification requirements without warrants
• Intrusive airport searches

 

Traditional legal protections have almost disappeared.   Look at the case of Mohammed Haneef.   There is a lot of reliance on the heads of organisations like ASIO, Federal Police, ASIC, Directors of Public Prosecutions ‘to do the right thing’and not abuse their positions.   For all Australians this is a very risky premise.

 

There are calls for a Human Rights Act to be put forward in order to provide guarantees for legal protections for individuals.   The idea would be to provide some legal framework as a counter balance to what has been slowly eroded away.   The call includes the need to appoint an independent National Security Legislation Monitor that would review and report on all security and counter –terrorism legislation and its overall, wider affects.   In addition there should be short- term or sunset clauses in such legislation to allow the extreme powers to lapse.   Such legislation would have to be re-enacted again if it is deemed necessary.

 

The abuse of anti- terrorism laws was highlighted recently when the British government used its laws to seize the assets of an Icelandic Bank after a dispute post the Global Financial Crisis.   This triggered a furious reaction amongst the people of Iceland, especially since the issue had nothing to do with terrorism.

 

Besides regular increases in anti- terrorism powers, ASIO and ASIC are now to get the ability to have the Australian Taxation Office (ATO) hand over taxpayer information to them as well.

 

Going back to rights and work, the Fair Work Ombudsman is also to get a similar power to access tax records!   The FWO wants this power in order to “better target compliance activity” in the workplace – whatever that means.

 

The FWO is the same organisation that threatened to fine individual teachers over $6000 for even considering a union policy to place a ban on a controversial testing regime.

 

The emerging civil rights situation deserves more scrutiny and ongoing discussion at the very least.