This is what the Building Industry needs.
Builders not COPS!
Looking Forward to the day when the Building Commission employs staff from the Industry who know what they are talking about and work with the Industry instead of against it for personal gain.
The Building Commission and the SAT will be the most Un-Australian experience you will ever encounter.
A police frame up by the BC and enforced by the SAT.
Evil happens when good men say nothing.
Speak up and stop the rot,
for the next bloke.
The Rule of Law: its State of Health in Australia
The Hon Kevin Lindgren AM, QC*
It is universally agreed that the rule of law is a worthy ideal that must be treasured and preserved – at least until it becomes inconvenient!
Yet, there is not universal agreement as to what “the rule of law” means.
The expression signifies not a legal rule, but more generally rule by “law” as distinct from rule by power, free of legal constraint, whether by a democratically elected government, a tyrant or otherwise. So, the ideal signifies that the institutions of the state, and in particular, the individuals and bodies that are invested with power by the state, should be subject to the law rather than above it.
There are narrow and broad meanings of the rule of law. According to the narrow meaning, the rule of law is not concerned with whether a law is good or bad, but only with whether the law is applied equally to all.
According to the broader meaning, the ideal embraces human rights standards. On any reckoning, both the rule of law and human rights standards should be respected, observed and protected. The only question is the semantic one of whether we properly treat the former concept as encompassing the latter.
Even if we treat them as distinct, a violation of human rights will often involve a failure to observe the rule of law – and vice versa. It is difficult to keep them separate. If for no reasons other than time and space, I have, by and large, adopted the narrow meaning in this paper, but inevitably I have at times discussed human rights as well.
The Interview with the Chief Justice
The interview with The Honourable Andrew Bell, the new Chief Justice of the New South Wales Supreme Court (see opposite) draws attention to the complacency about the rule of law in Australia and the work needed to restore our foundations.
This is not something we should be leaving to our new Chief Justice but the role of every Australian to be constantly vigilant and actively engaged.
We can meet for coffee in private if you feel your matter may be a bit delicate and you need to weigh up your options.
Because I’m noisy I don’t expect others to be.
And one last word in the meantime: