Wednesday, May 17, 2017

Breaking Bad swallows Anne

I belong to an online discussion group focused on the work of a particular British writer. Membership is almost entirely female.

It's generally a friendly chatty group. Suddenly, outrage burst forth in a stream of strongly expressed emails. I had no idea what was going on. Finally, I worked out that the ire was directed at a new Netflix version of Anne of Green Gables, Anne with an E.

For those who don't know the book, Anne of Green Gables was written by the Canadian author L M (Lucy Maud) Montgomery. It tells the story of  Anne Shirley, an 11-year-old orphan girl, who is mistakenly sent to Matthew and Marilla Cuthbert, a middle-aged brother and sister who had intended to adopt a boy to help them on their farm in the fictional town of Avonlea on Prince Edward Island. The novel recounts how Anne makes her way with the Cuthberts, in school, and within the town.

First published in 1908, the book has been translated into twenty languages, sold more than 50 million copies.and has never been out of print.It has been translated into multiple films, TV series and stage shows.

As a very young child, I watched a re-release of the !934 black and white film at the local cinema. I remember being quite frightened at the early part.

I read the book much later, decided I really liked it and then read the whole Anne series. I also watched two of the later TV series and liked them too.

Making a new version of (or based around) a classic  is always difficult because you are dealing with an audience that has its own already formed views. Anne of Green Gables: A New Beginning, the fourth and final film in Sullivan Entertainment's Anne of Green Gables series, was a completely new story. Anne, now a middle aged woman who has lost Gilbert during the Second World War (something not in the books), begins a search into her past life before she came to Green Gables.This has far reaching effects on her own life.

The film effectively bombed, in part because it was just too far outside audience expectations to gain acceptance. Reactions within the discussion group to the new Anne (CBC) or Anne with an E (Netflix) series were much the same. Those who had seen the first episodes said they would not watch anymore. Those who had not but had been planning too decided not to watch.

The new series  was adapted by Emmy-winning showrunner, director, and writer, Moira Walley-Beckett of “Breaking Bad” fame.

According to the New Yorker,  she told the CBC that she wanted it to “look like a Jane Campion film, and it does.” But she wanted more:
 “I wanted to ground it in the foundation of some of the story and some of the plot that’s already there but not fully explored,” she said. “So it’s like I sort of open up the spine of the book, reach in between the lines of the pages, and chart some new territory.”  
While Anne of Green Gables is now classified as children's book, Montgomery thought of it as a book for all ages. There are dark even melodramatic elements in the book, it could easily be done as a Victorian melodrama, but these are submerged in the text by Anne's character. To open up the spine of the book and (I think) to meet perceived modern sensibilities, new material has been added and the weighting changed.

Critical reaction has been mixed but generally negative. The New York Time's Neil Genzlinger (Review: ‘Anne With an E’ Is a Rewarding Return to Green Gables") liked it: :"You say darker, I say richer", he wrote, although adding "Watch this series with young children and you’d best be prepared to annotate it on the fly. But do feel free to watch it with young children." .

Willa Paskin in The Melbourne Age (Anne of Green Gables gets the Breaking Bad Treatment) has a long interview with Moira Walley-Beckett in which she explains her motivation for the approach she has taken, the re-weighting she has made. Slate's  Marissa Martinelli summarised her reaction this way: "Netflix’s dark, gritty reboot of Anne of Green Gables has all the subtlety of a chalkboard smashed over your head." .
.
To Sarah Larson in the New Yorker, this is a case of 'how not to adapt "Green Gables"'. To TV Guide's Kat Rosenfield "Anne of Green Gables Fans Are Totally Traumatized By Netflix's Adaptation" In the Jesuit review America, Haley Stewart reports '“Anne of Green Gables” becomes a gothic nightmare in Netflix's “Anne With an E”" And so the reviews go on, many with very funny lines to make their point.

There was universal praise for the production values, while episode one also attracted praise, but then the criticism mounted. Twitter reaction was deeply divided, with some support. But overall, it would appear that the reaction of my on-line discussion group was not far out, that the changes had gone just too far outside acceptable bounds for those to whom Anne was a much loved character.  

Sunday, May 14, 2017

Congratulations to marcellous on surviving ten years of blogging

It is ten years since marcellous started blogging, an anniversary celebrated in Ten years. The post begins:
It is ten years since the first post on this blog. Some kind of retrospective seems called for. 
I had lurked on others’ blogs for years.  I probably caught the blogging wave just as it was about to recede.  As early as September that year I wondered if that was so as I saw blogs falling by the wayside.  That may have been more churn than decline, but by 2012 or 2013 other social media were clearly leaving blogs behind.  Now it is mostly the older and more fixed in their ways who persist. (My bolding.).
Mmmm. I agree re the impact of other forms of social media. I agree that blogging has greatly changed and should now be perhaps be classified as an aging form. However, when I look the really big changes in blogging the position is a little more complex than that.

The original diary blog has certainly declined , while there has been loss at the younger end of the age spectrum. The days when I used Google blog search to track evolving events are long gone, replaced by twitter and the adoption of live blogging approaches by the main stream media. And yet? Is it just the case that we have settled into our own niches? After all, new blogs are still emerging, although they are now probably far more special purpose.

Looking at my own platforms (blogs, Facebook, Twitter, column) based on what data I have plus my own impressions, there are interesting differences across platforms.Some of the data is a little uncomfortable. For example, on Twitter 63% of my followers are male, only 37% female; 84% of my followers come from Australia, 64% from NSW. That's a bit unbalanced.

On my public Facebook page by contrast, males drop to to 56%. Facebook also provides age data where there is a distinct younger skew. By contrast, on this blog I think my readership and certainly my commenters are older. This is the case for my newspaper column as well. Those interested in history in general including local history do tend to be older.

I fear I have sidetracked a little, although I blame marcellous for that! However, my purpose here was actually to congratulate him on surviving ten years of blogging. marcellous's post provides an overview of some of his posts including his neglected favourite Drug dealing in the Eastern Suburbs – a true story.  

 

Saturday, May 13, 2017

Saturday Morning Musings - remembering Mark Colvin, the future of the Australian media

ABC's Mark Colvin's death has affected many people including me. His voice, his intelligence, have been part of my life for many years. You will find some details on his life here and here. . He was one of those people who gave the ABC its  credibility.

During the week I was approached by the Melbourne Press Club. They wanted a photo of someone for their Australian Media Hall of Fame and the best photo they could find was one from me.

I couldn't help them. While I could give provenance, the photo simply wasn't of the resolution required. The best I could do was to provide them with some leads on possible sources that might have photos. Finding specific photos on the internet has become a huge problem. Its partly the sheer increase in volume, but its also due to loss of sites over time, to changes in search algorithms, to changing treatment of photos.

Its very frustrating when you have seen a photo before but can no longer find it no matter how hard you search. I'ts also frustrating, especially for someone interested in Australian history, when entire series vanish. Bottom line. If you see a photo that is important, save it with details. You may never see it again.

Meantime, media change continued. In April came the latest round of the never-ending Fairfax restructuring followed by the opportunistic TPG proposal. Then came the opening of the New York Time's Australian front, adding to the proliferation of centre, left of centre online mastheads.  

Roy Morgan released the results of the print readership for major newspapers in the twelve months to end March 2017 showing further declines in readership of the main Fairfax newspapers except for the Financial Review.The Australian also recorded an increase in its readership during the week, with a decline at the weekend.

From time to time I have complained about what I see as weaknesses in Fairfax's strategic directions. Like many, I am worried about the decline in journalism, in the scope for in-depth coverage, in basic reporting.

Mark Colvin was a reporter, now an under-valued breed. I wonder whether the future development of the Australian Media Hall of Fame will simply document the end of reporting? I don't think that it need be this way, although I struggle to articulate a proper alternative. I just think that Fairfax is perhaps a case study in what not to do!   

Thursday, May 04, 2017

Remembering the Oceanic Cafe

When I first started working at Parramatta, I walked past this old cafe. It was a strange place, totally old fashioned, very cheap plan menu with few customers other than old guys sitting there quietly eating their lambs fry and bacon.

Then I noticed that it was not open sometimes. Suddenly, I knew. When I was coming to Sydney in my last years at school or early university I had eaten there. It wasn't posh then, but it was very cheap with large servings. Now, all those years later, it was still there and unchanged.

Looking down at the old lady who always sat in the back, I said to myself that you should go. The food is remarkable value, and you still like the things that they serve.

Finally, the place was shut. I had not been there. I kept reminding myself that there must be a story, it had to be a Sydney icon of some type, but I hadn't looked until for detail until they started altering the building and the last signs of the cafe started to vanish.

The story I found was very interesting but only partial. I quote from Not quite Nigella.
Run by a Mother and Daughter team as a community service for those in need, the interior of the cafe is a sight to behold. 
Unchanged from the original 1920's interior, there are booth style seats, roughly drawn menus that you know haven't changed in decades and specials of the day at the princely sum of $5 (the most expensive item being $9).As we walk in, they peer out from the little window to see who the interlopers are. We order at the table with the daughter, a smiling, slightly nervous woman who is a little hard of hearing but nevertheless unassuming and well meaning. 
Looking around the Oceanic Cafe as we are leaving, I wanted to know more about the Mother and Daughter duo and the history behind it and Queen Viv suggests that I contact Jay Katz of Radio FBI 94.5, a community Radio station, a man who has had a long association and friendship with them through his work driving Missionbeat vans. He's friendly and happy to chat about them, eager for the rest of Sydney to know and pay respect to their efforts. The publicity shy Mum and the daughter (Christina) are of Greek descent with the mum working at the Oceanic since the 1930's. Jay says, "There were so many down and out guys and ladies for decades who had close relationships with Christina and mum. They had a wall in the kitchen full of postcards and those postcards were things from inside Long Bay (Prison) from people who would've taken stretches there. They knew just about every character and some of them they even knew them from children and their criminal history and in that sense it's so community based."
During the time they've been open, and it's a good 70 plus years, they've seen a lot of people. "They'd have chronic alcoholics there that were quite violent. Going back to the late 70s there was a character in Sydney called The Skull who was head of the National Front (neo Nazi organisation). Mike Walsh used to put him on television but I can remember sitting across from him having lunch once and he just started to get really aggressive and scream abuse at everyone and mum came out of the kitchen and grabbed him by the back of the ear and threw him out. She was probably the only person in the country that would do that" he chuckles. 
 As I understand it from the sources, the cafe kept open because mum wanted to maintain it. When she died, that was no longer possible.I imagine there were also potential problems with the owners. That small block is overdue for gentrification, and the cafe can't have made enough money to meet full commercial rents.

Mum's funeral service was at St Spryidon's just down the road. I missed not just a chance for a last meal, but also a chance to pay my respects.

Sources:

Wednesday, May 03, 2017

Am I really Bingo Little?!

I have always liked the writing of P G Wodehouse, so when an opportunity came up to do one of those on-line tests to determine which Wodehouse character I was I could not resist.  But did I have to be Bingo Little?

I quote:
"You're a lovesick loon, always having your head turned by the latest pretty young thing. Some might think you flighty, but you're just a hopeless romantic, alas! What ho, Bingo, what ho!"

Now our blogging friend Ramana did much better, scoring Jeeves. Again I quote:
You are the quintessential gentleman’s personal gentleman — always shimmering into a room with the solution to a tough nut. You are well read, well bred and look good in a uniform. What ho, Jeeves, what ho!”
Now in Ramana's case, I can see a fit, as least so far as the problem solving characteristics are concerned. But why oh why couldn't I have been Psmith? That's Smith with a P.

I first came across Psmith while in London on a trip when I found a complete set of the Psmith books. I was immediately attracted to him by his attitude and ability to get out of scrapes.

Now in reality, I am not quite a Psmith type beyond an unfortunate tendency to smoke, the sometimes adoption of flowery language, a liking for the better things of life and even the very occasional adoption of dandyism. I wish those who know me would stop laughing at the last! It does happen, sometimes!

But I do admire his style. I would much prefer to be Psmith than a lovesick loon or hopeless romantic. And "what ho?" Mind you, on the last, one of my early nick names at secondary school was "Tally ho the foxes". But that's another story.

Tuesday, May 02, 2017

Drinking with Frederick IX

I wandered out to buy a few things yesterday. I'm writing full time at the moment which means that I go stir-crazy quite frequently.

A neighbour was sitting on his front porch. I think that he is about my age. He is a full time carer who looks after a severely disabled girl forced to spend her time in a wheel chair.

"I'm Danish", he said. I was curious, so wandered closer, leaning against the fence. "Really? My eldest daughter is living in Copenhagen".

We chatted about Denmark in general and Copenhagen in particular. I told him the story about Mary on a run with security guard behind. One of H's Australian friends was visiting and also out getting some exercise. Danes are exercise freaks and it seems to infect visitors, me included. Seeing Mary quite made the friend's day.

"My father used to drink with Frederick nine", he said. "Really?"  I said from my perch on the fence. "Yes, he was covered with tattoos".

Fascinated, I said "Didn't he used to ride through the streets of Denmark during the German occupation to raise morale?" Now here I was actually getting confused with Frederick's father, Christian X. Perhaps my neighbour was too.

"Yes" he said. "He used to say at the end of drinks, my horse knows the way home!"

I have no idea of the literal truth of all this, although on investigation it does appear that Frederick had tattoos. But I ended thinking that it was all very Danish!

Monday, May 01, 2017

Monday Forum - whatever!

This Monday Forum is another where you will.

The last two posts on my history blog (Human occupation of North America pushed back over 100,000 yearsExtracting ancient DNA from sediments - and the rise of multidisciplinary history) both deal with the application of science to the study of human history. I wonder whether we are looking at the emergence of what I think of as a new history.

The BBC has briefly put on line its now famous 1953 interview with Evelyn Waugh. Waugh strikes me as a difficult man, but there is no doubt of his natural command of the English language. Which writers do you love for their general command of  English or indeed their capacity for single phrases?

Finally, have I reached a natural end point for these Monday Forums? They have sometimes generated interesting discussion and been very useful from my viewpoint.

I generally try to write something to stimulate discussion. Am I better off dropping them all together? Or just leaving them as a placeholder for you to drop things as you see fit?

Sunday, April 30, 2017

Brexit outcomes: a stronger EU, a diminished UK?

Yesterday 29 April, the EU-27 formally endorsed the EU's negotiating guidelines for its negotiations with the UK over that country's exit from the EU. The photo shows Germany's Angela Merkel in discussions with Maltese Prime Minister Joseph Muscat.

The BBC has some of the best coverage. The links within this story will carry you through to related stories.

The EU focus on a united front was on display and reinforced by the European Council endorsement.

These negotiations were never going to be easy. The UK Government wanted parallel negotiations including trade, whereas the EU is insisting on sequential negotiations with the first key issues guaranteeing the rights of the 4.5 million EU/UK citizens who live in the UK or the EU; the future of the Northern Island border; and resolution of outstanding budget issues. This can be followed by discussions on trade matters.

Completed in 1992, the EU single market allows the free movement of goods, services, money and people within the European Union as if it was a single country. The UK has ruled out full participation, while the EU says it will not allow cherry picking. The trade negotiations are therefore likely to be complicated.

It is quite easy to think of worst case scenarios. In the worst of all absolute cases, the UK suffers major economic setbacks and shrinks to the United Kingdom of England and Wales, while the EU itself largely disintegrates, leaving a gaggle of inward looking nationalist protectionist states from the UK to the Balkans.This combination is unlikely.

I have previously argued that the institutional and economic factors linking the European federation are now so deeply entrenched that they provide a great deal of internal cohesion. My feeling is that the Brexit process is likely to reinforce EU unity and cohesion. This gives rise to the next worst case, one in which UK suffers major economic setbacks and shrinks to the United Kingdom of England and Wales with the EU surviving, if damaged at some levels. I think that the greatest risk to the EU from Bexit is not economic, but a narrowing of view linked not just to the withdrawal process, but to the withdrawal of the leavening effect of UK membership on EU culture and institutions.

Perhaps the absolute best case, the one that some of the Brexiteers hope for (not all: some devoutly look to the nationalist, protectionist alternative), is a reinvigorated UK with the EU remaining a strong economic partner and friend. This, the Brexiteers would say, is a plus-plus solution.

The end result will probably fall somewhere between the two polar points of the spectrum. My best guess is a strengthened EU with a somewhat diminished UK.   .

Friday, April 28, 2017

A short note on Minister Dutton's credibility

This post is by way of a place holder.

I must say that I don't have a great degree of trust in Minister Dutton's statements about the latest trouble at the Australian detention camp on Manus island. Mind you, I am in a similar position with some of the statements from those opposing current Government policy. Both will bend facts to support their case.

In the latest case, I have listened or read interviews with the local Manus Police Chief and MP as well as other reporting, including the Minister's own statements. The Minister started with innuendo and now seems to be relying on his claim of classified information to support his position. While I accept that there are always different perspectives, the apparent gap between the Minister's position and the evidence that seems to be emerging is growing.

At this point, I haven't attempted a detailed analysis of all the issues. Better to wait until we have a little more information.

Thursday, April 27, 2017

Meeting the plant lady

Daceyville, the little garden suburb where I presently live, is full of characters.

I have previously mentioned the rather sad case of the bird lady. Today I met the plant lady. Australia Post had misdelivered a letter, right number, wrong street. The letter looked important. Since the correct street was very close, I decided to deliver it to the right address.

It was was a beautiful morning, cool but bright. My route took me just down the road, around the corner and then up the next street. Boussole Rd is quite a beautiful street, with gardens extending all over nature strips so that you wend your way through plants.

Just up the street, I said hello to a woman gardening on the nature strip. We talked. "You must take some plants" she said, pressing a pot plant into my hands. "This is a very nice cactus."  This was followed by some magnolia cuttings and cut aloe vera stems so that I could try the facial cleansing properties of the sap.

I followed her up the street carrying my pot and clippings while she pointed out various plants, constantly wanting to give me more. The garden that had begun in front of her place had spread up the street with the permission of the neighbours, integrating the small front yards into the nature strip to create a harmonious hole.

"How long have you lived here", I asked? Fourteen years, she said. "We have been very lucky", she went on. "When we came out from Greece we couldn't speak English but  were never on benefits. We built up a business, owned our own home and had an investment property. Then our business went bad and the bank took everything. We were out on the street." .

"Which bank", I asked? Yes, it was that one! I commiserated, talking about my own experience with them. "But why lucky?" "We got this place (the whole street is social housing)", she said. "Nice area, nice people."

I had to move on. She pointed back to where we had started, the area with pots and clippings. "If you ever want plants, take them from there. That's my part. If anyone stops you, just say that the Greek lady gave you permission."

I wandered on to deliver the letter. carrying my pot plan and clippings. The day seemed even brighter.    .

Wednesday, April 26, 2017

Overwhelmed by history

A short post today to get back momentum. I remain tied up on other matters, some not very productive I fear!

Yesterday's post, A note on New England Aboriginal servicemen, on my history blog was inspired by all the ANZAC Day coverage on Aboriginal ex-serviceman. It was really just a note to remind me to fill out a gap in my knowledge of  New England history. The is a photo is of Harold Cowan from Grafton who enlisted in 1917.

The post drew a short comment from one of my favourite bloggers, Hels (ART and ARCHITECTURE, mainly),  that I have yet to respond to. More precisely, I have had several goes but in the end posted none of it. I will do so eventually, but it may have to be via a full post.

Part of my problem is that I am now so distrustful of anything written on Aboriginal history because so much lacks context or is overlaid with other agendas. So when I started responding to Hel's comments I thought that I wanted to check my facts. Then I found that there were things that I didn't understand, questions that I couldn't answer although I could surmise..

There are three quite distinct sets of questions, those relating to enlistment, those relating to treatment while on service, those relating to treatment after service. Each needs to be set in the history of the time, including attitudes as well as formal rules. They also need to take into account the moving frontier and the law, attitudes and structures of multiple jurisdictions since these had such an impact on the detail of Aboriginal and Torres Strait Islander life. The position in NSW was not the same as in the Northern Territory.

I find that this type of problem, knowing enough to realise that I don't know, that what I am reading is probably wrong, happens quite a lot. Indeed, the more I learn, the more it happens! The problem is compounded by my evolving role as a public or popular historian.

I greatly value the comments and feedback I get, the questions that people ask me. This generates new ideas, new questions, forces corrections. But again, the result is constantly broadening horizons in terms of both breadth and depth with constant reminders of how little I know.. The effect is a sort of paralysis, a feeling that it has all become a bit beyond me.

I know that it's silly, that so long as I document everything I write should be seen as a work in progress for later review by me and others. Still, it is a problem, one that I am trying to work my way through at the moment.

Enough, I think. I have done my short post! More later.


Friday, April 21, 2017

Positive reflections on the Jakarta gubernatorial election

Elections everywhere!

In February (Reflections on the Indonesian elections), I discussed the Indonesian elections and especially the Jakarta gubernatorial election. I did so to clarify issues in my mind. As I said at the time, I know far less than I should about the Indonesian system of Government.

At the time the post was written, a major shadow hung over incumbent Basuki "Ahok" Tjahaja Purnama because of blasphemy allegations. It was not clear whether Ahok would be allowed to run and, if so, what the results might be.

Since that post, Ahok and his running mate Djarot Syaiful Hidayat managed a narrow victory in the first round, but then went on to lose to Anies Rasyid Baswedan and Sandiaga Salahuddin Uno (photo) in the second by an apparently reasonably substantial margin. At this stage, we only have exit poll results, but these appear conclusive. Just prior to the elction, opinion polls showed the Ahok team ahead, but with a considerable undecided vote. It appears that the undecideds swung against Ahok.

In a piece in the Jakarta Globe reprinted from the Conversation, Alexander R. Arifianto bemoans the election result. The piece concludes:
 By creating these accusations against Ahok, the Islamists have refused to recognise the legal rights of Indonesia’s ethnic and religious minorities to run for public office. Ahok’s loss means that Indonesia’s ethno-religious diversity is the biggest casualty of this highly polarising election. 
I took a different and more positive view. 

One of the really difficult things about democracy lies in the way that it allows views to be expressed that others find repugnant. This flows though into responses to defeat, the way you accept results that may be anathema to you. A related issue, one central to the long term effective working of democracy, is the avoidance or at least management of what is called the tyranny of the majority. Just because you have won does not give you the right to automatically override others. Power needs to be exercise with discretion.

Against this background, I saw a number of positives from the results.

Despite campaigning by hard-line groups that was itself fundamentally undemocratic, a theocracy is not a democracy, the final election both proceeded and proceeded peacefully. Further, and despite all the anti-campaigning, a significant number of Muslim voters must have voted for the Ahok team, while not all those who voted for Anies Rasyid Baswedan and Sandiaga Salahuddin Uno did so on religious grounds. This was also a campaign about policies for the development and governance of Jakarta.

 The actions of the Ahok team since the result became clear are also conducive to democracy. Indeed, certain Australian politicians might take note. The transition of power does not take place until October, However, not only were Ahok and his colleague graceful in defeat, but according to the Jakarta Globe, they have already moved to involve the new Anies administration in budget processes so that the 2018 budget reflects the new administration's priorities. Quite remarkable, really.      .

Thursday, April 20, 2017

Too many policies! Can we please just stop?

Too many policy announcements! With four part completed posts dealing with the shifting policy scene, Australian and global, I am over-run in policy terms by the constant stream of announcements.

One difficulty is to identify what is really important, a second difficulty to identify what is not really important  in activity terms, but is important in atmospherics that might affect longer term policy and indeed life. Grrr!  

Thursday, April 13, 2017

QILT scores - NSW regional universities outscore Sydney G8

The Quality Indicators for Learning and Teaching (QILT) website provides prospective students with relevant and transparent information about Australian higher education institutions from the perspective of recent students and graduates.

One of the most interesting things about the data released this week is that it appears to confirm something that I have long suspected, that there is little if no correlation between between institutional prestige and university entrance scores and actual student experiences. 

The tables below compare aggregate rankings between NSW’s non-metro universities and the Universities of NSW and Sydney. I'm sorry that the tables are so messy.

Table One shows the percentage of students who rated their experiences positively against various indicators. While there is some variation in the answers to the various questions, the non-metros generally score better than the more prestigious Sydney institutions, with the University of New England ranking first. 
 
Table One: Student Experience - Undergraduate
Charles Sturt University Southern Cross University University of New England University of New South Wales University of Newcastle The University of Sydney National Average
Overall quality of educational experience

77.6%
(77.1% -78.2%)
8463responses
78.2%
(77.3% -79.0%)
3598responses
83.3%
(82.5% -84.0%)
3994responses
76.0%
(75.5% -76.5%)
14290responses
82.5%
(81.9% -83.0%)
8125responses
76.4%
(76.0% -76.9%)
14350responses
79.9%
Teaching quality

80.3%
(79.7% -80.8%)
8371responses
81.2%
(80.3% -82.0%)
3557responses
84.5%
(83.8% -85.2%)
3965responses
77.5%
(77.0% -77.9%)
14063responses
83.4%
(82.9% -84.0%)
8052responses
79.6%
(79.2% -80.0%)
14092responses
81.5%
Learner engagement

67.8%
(67.0% -68.7%)
4574responses
62.0%
(60.7% -63.2%)
2521responses
66.5%
(65.0% -68.0%)
1492responses
65.2%
(64.7% -65.7%)
14278responses
58.9%
(58.2% -59.6%)
8044responses
60.3%
(59.8% -60.8%)
14321responses
64.2%
Learning resources

84.6%
(83.9% -85.2%)
5809responses
84.0%
(83.1% -85.0%)
2774responses
87.6%
(86.5% -88.6%)
2201responses
83.0%
(82.6% -83.5%)
13327responses
88.2%
(87.8% -88.7%)
7716responses
81.0%
(80.6% -81.5%)
13487responses
85.2%
Student support

74.3%
(73.6% -75.0%)
7329responses
76.1%
(75.1% -77.1%)
3166responses
80.2%
(79.3% -81.1%)
3346responses
66.4%
(65.9% -67.0%)
11636responses
75.1%
(74.3% -75.8%)
6828responses
58.7%
(58.1% -59.3%)
11709responses
72.0%
Skills development

78.9%
(78.3% -79.4%)
8220responses
81.5%
(80.7% -82.4%)
3495responses
78.4%
(77.5% -79.2%)
3888responses
77.9%
(77.4% -78.4%)
13697responses
81.7%
(81.1% -82.3%)
7902responses
79.4%
(79.0% -79.9%)
13683responses
81.2%
\
Table Two looks at measures of graduate satisfaction. There is a little more variation here, although again the non-metros do a little better, with the University of New England a clear first.

Table Two: Graduate Satisfaction - Undergraduate
Charles Sturt University Southern Cross University University of New England University of New South Wales University of Newcastle The University of Sydney National Average
Overall satisfaction

79.7%
(78.7% -80.7%)
3081 responses
81.1%
(79.7% -82.5%)
1401responses
87.0%
(86.1% -87.9%)
1991responses
80.2%
(79.5% -80.8%)
6645responses
83.2%
(82.4% -83.9%)
4127responses
79.3%
(78.4% -80.1%)
4695responses
82.2%
Teaching scale

65.6%
(64.4% -66.8%)
3090responses
70.3%
(68.7% -71.9%)
1405responses
71.7%
(70.5% -72.9%)
1992responses
63.3%
(62.5% -64.0%)
6670responses
69.5%
(68.6% -70.4%)
4140responses
61.4%
(60.4% -62.4%)
4703responses
68.0%
Skills scale

79.1%
(78.1% -80.1%)
3088responses
82.5%
(81.2% -83.9%)
1404responses
85.2%
(84.2% -86.1%)
1992responses
82.1%
(81.5% -82.7%)
6666responses
87.6%
(87.0% -88.3%)
4136responses
80.9%
(80.1% -81.7%)
4698responses
84.1%

Table Three looks at graduate employment. The results are interesting, but need to be interpreted with some care.

There is a considerable range in the proportion of graduates who go onto further full time postgraduate study from just 6.1% at Charles Sturt to 29.9% at the University of Sydney. Excluding these two as outriders, the percentages range from 14.7% at UNE to 17.9% at UNSW.

The figure for full time employment is the % of graduates available for full time work who were in full time work four months after graduation. The median salary figure is the median for those graduates in full time employment.  Charles Sturt had the best full time employment record followed by UNE and then UNSW.

The overall employment number includes those in full time employment plus casual and temporary. Some of the second appear to be also included in the full time study category.
Table Three: Graduate Employment - Undergraduate
Charles Sturt University Southern Cross University University of New England University of New South Wales University of Newcastle The University of Sydney National Average
Full-time employment

83.9%
(83.1% -84.7%)
4031responses
68.0%
(66.2% -69.8%)
1319responses
77.3%
(76.0% -78.6%)
1871responses
76.4%
(75.6% -77.2%)
5381responses
68.4%
(67.4% -69.3%)
4431responses
70.4%
(69.3% -71.4%)
4171responses
69.5%
Overall employment

93.9%
(93.4% -94.4%)
4721responses
86.9%
(85.9% -88.0%)
1724responses
88.7%
(87.8% -89.5%)
2293responses
89.0%
(88.5% -89.5%)
6151responses
90.5%
(90.0% -91.0%)
5226responses
87.3%
(86.7% -88.0%)
5285responses
88.6%
Full-time study

6.1%
(5.7% - 6.6%)
4944responses
16.4%
(15.4% -17.4%)
2069responses
14.7%
(13.8% -15.5%)
2596responses
17.9%
(17.3% -18.4%)
7419responses
17.1%
(16.5% -17.6%)
6066responses
29.9%
(29.2% -30.6%)
7032responses
21.6%
Median salary

$60,000
($59,900 -$60,100)
2850responses
$57,000
($55,400 -$58,600)
759 responses
$60,000
($59,300 -$60,700)
1217responses
$60,000
($59,400 -$60,600)
3321responses
$57,000
($56,400 -$57,600)
2546responses
$56,000
($55,200 -$56,800)
2444responses
$56,000

I have yet to dig into the detail at subject level where the pattern is more varied. Still, the apparent absence of any correlation between between institutional prestige and university entrance scores and actual student experiences remains interesting.

Tuesday, April 11, 2017

Monday Forum - whatever you want

I have been bogged down. Hopefully this will now ease. Meantime, this somewhat late Forum is another as you like.

The sudden and sad death of John Clarke removed a major figure from Australian and New Zealand life. He was brilliant on his own and in conjunction with straight man Bryan Dawe. Clarke and Dawe was very much a team in which Bryan's sometimes incredulous expression and pointed attempts to gain answers provided a perfect foil to Clarke's insouciance. For overseas readers, this link will give you some examples. Others are readily available on YouTube.

The United Airlines fiasco over the forced removal of a passenger to accommodate crew needed for a later flight was quite astonishing. I won't repeat the footage here, but this is an example. The reaction on social media was instant and savage.  

The graphic is from a January 2016 piece by Bloomberg's. Drake Bennett on the airline's efforts under CEO Munoz to turn around, to recover from disaster centered in part on poor customer service. This included the infamous 2009 broken guitar case.

It would appear that United had made some progress until this case turned the whole thing around, again twisting the airline into knots. The facts of the case will be picked over and over. It should not have occurred in the way it did, although I can understand the chain of events. Once it did occur,  the responses of CEO Munz displayed a remarkable lack of human sensitivity, a failure to understand the implications of just what had happened. The sight of the passenger back on the plane with a bloody face repeating "I have to get home" in a dazed fashion will stay with me for some time.

In all this, I have learned a new word, "re-accommodate", to describe passengers who do get bumped even when they have a valid ticket and allocated seat and are sitting in that seat. While I knew about over-booking, that is one reason I book on line or get to the airport early, while I knew that the airlines had a legal right to put me off, the thought that one might get dragged off was a new one to me.

The ABC had a useful piece on the Australian legal position if you are faced with "re-accommodation." I did not realise just how limited my rights were. I think that this is a case where legal reform is required.

Update on United

The CEO of United has now provided a full apology on the matter:
Statement from United Airlines CEO Oscar Munoz on United Express Flight 3411
April 11, 2017 
The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.  
I want you to know that we take full responsibility and we will work to make it right.   
It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.  
I promise you we will do better.  
Sincerely,
Oscar 
Meantime, the Louisville Courier-Journal has been dragging up material about Dr Dao's past, something that has also attracted considerable ire and forced some backtracking from the paper. .

Thursday, April 06, 2017

Can English as an EU language survive Brexit ?

Brexit was one of the topics we discussed in the last Monday Forum.

As a piece in Nature points out, EU agencies based in the UK will now need to move. One such is the European Medicines Agency (EMA). Currently in London, the EMA assesses new medicines for suitability to enter the European market. But where should it go to?

There is more at stake than the prestige of being the headquarters of a major European institution. The EMA brings with it some 900 staff and holds an average of 10 meetings a week, which it claims draw 65,000 visitors a year, all of whom need somewhere to sleep and eat. So countries are lining up.

The Nature piece links the shift to a second question, the role of  English as an official EU language. The EU presently has 24 official and working languages, a real tower of Babel. The first official language policy of what was then the European Community identified Dutch, French, German, and Italian as the official working languages of the EU. Since then, other languages have been steadily added.

As I understand it, each EU country can nominate one official language. English is an official language because it has been nominated by the UK. The two other predominantly English speaking member states, Malta and Ireland, have nominated Maltese and Irish (Gaelic) respectively. This means that under current rules, English will cease to be an official EU language once the UK exits.

The apparent linkage between EMA and language policy appears to be that English is EMA's current working language. This may need to be phased out once English ceases to be an official language. The Nature article wonders if Ireland or Malta might be prepared to alter their official language nomination to English to obtain EMA for their countries. Probably not is the conclusion.

I hadn't thought of the impact of Brexit on the role of English in the EU until I read the Nature article. Language policy within the EU is a sensitive issue because of the way language interacts with national and ethnic divides.

English is currently the most common EU lingua franca. No doubt this will continue in commercial terms. However, there is likely to be some diminution in the use of English in an official sense, opening possibilities for other languages to expand their reach.  .

Wednesday, April 05, 2017

Is that Pepsi ad that bad?

Sometimes I think that we have all become just too precious and indeed bigoted. I am inclined to want to present counter views, but have learned on progressive topics in particular to be very careful for fear of getting my head bitten off.

Gay marriage is an example. I am on the public record, here and elsewhere, as supporting it. Yet when I very gently try to present the arguments against in conversation, my head disappears from my shoulders. You can see something of the same process in the campus disputes over who should be allowed to speak, to present views that may be counter (or may be seen to be counter) to the prevailing orthodoxy within some groups.

A case in point is the latest Pepsi ad. The wave of protest against the ad seems to fit with what I see as growing intolerance, the need to conform with what is seen as correct.    

With the exception of one scene, it's not a bad ad. Indeed, it is actually a quite effective presentation of multiculturalism. Yes, it attempts to identify Pepsi with protest and modern younger views, it is (to use a modern word I hate) appropriating a meme, but it also legitimizes the things that it presents.

The ad follows. What do you think? Perhaps its just another case of me being out of touch?


Tuesday, April 04, 2017

Dreams of self-sufficiency - the Lammas Ecovillage

I am a bit of a sucker for home reconstruction or design programs. I am especially a sucker for programs with an alternative living elements. For that reason, I found the Grand Designs' program on the efforts Simon and Jasmine Dale to build their own home at Lammas, Wales very interesting.
Photo: Simon and Jasmine Dale's self built Lammas home. The house, like other Lammas properties, has a distinctly hobbit element. 

Their newly constructed home is part of the Lammas Ecovillage (Wikipedia, Lammas Village web site), a low-impact, off-grid ecovillage near Crymych in Pembrokeshire, West Wales, comprising nine households and a community hub on a 76 acres (31 ha) site. Buildings are constructed of natural materials and energy obtained from renewable sources.

The Village website (link above) describes Lammas in this way:
The concept for the Lammas ecovillage is that of a collective of eco-smallholdings working together to create and sustain a culture of land-based self-reliance. The project supports a permaculture approach to land management – in which human beings are considered an intrinsic part of the ecosystem. As a result the approach to environmental  management is one of stewardship for future generations rather than exploitation for short term gain.
In a way, Lammas can be described as the desire for self-sufficiency and alternative life styles meets planning regulations. The key features of Lammas are:

  • individual small long lease blocks with common land that has to be centrally managed
  • specific performance requirements manadated by Council placed upon both individual holders and the community as a whole, mandating a combination of individual and community effort. 
  • performance rules and requirements combine a combination of environmental and economic considerations. 
This 2011 piece on Love for Life provides an overview of the early concept, while the Village website as well as the Grand Designs' program provide snapshots of the current position.

Photo: Lammas house. Note the greenhouse on the left, a feature of the Lammas landscape. 
I am old enough to remember the hippy period, the first attempts to construct alternative communities on New England's North Coast among other places. I was attracted to the concepts, although I think that in reality I would have made a very bad hippy! 

That attraction lingers, reignited from time to time by the thought that if I had my own little plot I might gain greater freedom to do my own thing within the narrowing constraints set by increasing social control and regulation. I remain interested, too, in life style ways that combine self-sufficiency and sustainability with a more modern life style. I have no desire to live in poverty just to preserve the environment or indeed to comply with concepts of preserving the environment.
Photo: Lammas Ecovillage. From Lammas to Denmark's Christiania, there is something familiar about the hippy now alternative life style. 
Earlier I described Lammas as desire for self-sufficiency and alternative life styles meets planning regulations.

I have felt for a long while that growing state and council regulations on the way we live have become a growing impediment to finding new ways to live and also a blockage to increased housing supply. I don't feel quite the same way in the Lammas case.

Lammas describes itself as a research experiment. In this case, the planning regulations seem to have provided a discipline and a framework that helped the project achieve the success it has. Horses for courses, I guess.

Just for kvd. Lammas grown tomatoes!
 
kvd pointed me to this piece on the prospective use of pedal power. An Australian example is the pedal powered radio invented by Alfred Traeger.

I can see real advantages in some uses, but some also strike me as gimmicky (a pedal powered blender) or just plain hard work!

Monday, April 03, 2017

Monday Forum - is democracy in decline, Brexit, Australia's new foreign policy white paper

The Wold Economic Forum released a piece on the Economist Intelligence Unit's Democracy Index 2016. It begins:
Democracy is in decline. 
The Economist Intelligence Unit’s (EIU) latest Democracy Index 2016 shows 72 countries experienced a decline in democratic values last year. Countries with declining levels of democracy outnumbered those becoming more democratic by more than 2 to 1. 
The EIU’s Democracy Index measures the state of democracy by rating electoral processes and pluralism, the state of civil liberties, the functioning of government, political participation and political culture in more than 160 countries worldwide. The EIU’s ranking shows the average global democracy score in 2016 fell to 5.52, down from 5.55 in 2015 (on a scale of 0 to 10).
According to the index, Norway leads as the world’s strongest democracy, followed by Iceland and Sweden. New Zealand comes fourth, with Denmark in fifth and Canada and Ireland in joint sixth place. Switzerland, Finland and Australia round off the top ten of “full democracies.”

I have written before about what I perceive to be a crisis in confidence among what are called the world's liberal democracies, but I do wonder about the value and validity of these types of indices. Do you think democracy is in global retreat? I have my doubts.

On 29 March 2017, the British Prime Minister signed a letter triggering Britain's withdrawal from the EU. That same day, the European Council released a very short statement in response. In supporting remarks, President Tusk said:
Brexit has made us, the community of 27, more determined and more united than before. I am fully confident of this, especially after the Rome declaration, and today I can say that we will remain determined and united also in the future, also during the difficult negotiations ahead. 
This means that both I and the Commission have a strong mandate to protect the interests of the 27. There is nothing to win in this process, and I am talking about both sides. In essence, this is about damage control. Our goal is clear: to minimise the costs for the EU citizens, businesses and Member States. We will do everything in our power - and we have all the tools - to achieve this goal. And what we should stress today is that, as for now, nothing has changed: until the United Kingdom leaves the European Union, EU law will continue to apply to - and within - the UK. 
Finally, I would like to say that we have just released an official statement by the European Council, in which leaders stress that we will act as one and start negotiations by focusing on all key arrangements for an orderly withdrawal. On Friday I will share a proposal of the negotiating guidelines with the Member States, to be adopted by the European Council on 29 April.
The withdrawal process was always going to be messy. In addition to the purely economic aspects, there are the questions of Gibraltar, the Northern Ireland border, Scotland and the EU citizens in Britain, UK citizens living in Europe. While the EU will no doubt try to be rational in its approach, its own interests and the complexity of EU decision processes provide little incentive for it to provide concessions to the UK. The EU itself will survive the process. I wonder if the UK can?

Finally, the Australian Government has announced the development of a new Foreign Policy White Paper, the first since 2003, to guide Australia's international engagement over the next five to ten years. As part of the process, all ambassadors and high commissioners were summoned back to Australia for a round table session, something criticised on the grounds of cost but which seemed to me to make perfect sense.

What do you think should guide that white paper/

As always, feel free to go to whatever topic or any direction you like. You don't need to be constrained by these topics!


Saturday, April 01, 2017

Reflections triggered by the ABC Creatives piece on photographer Robert McFarlane

The ABC (the Australian Broadcasting Corporation) Creatives series had an interesting piece on the Australian documentary photographer and writer Robert McFarlane, The Still Point directed by Mira Soulio..
Robert McFarlane, Charles Perkins on bus to Tranby Aboriginal College, Glebe c1964. National Portrait Gallery 
I wasn't really aware of Robert McFarlane's work, although this photograph has achieved something approaching iconic status.

Robert McFarlane was born in Glenelg, South Australia. Leaving school he began work in a small advertising agency, where his growing interest in photography was encouraged.

In 1963 he moved to Sydney, where he began freelancing for magazines including the Bulletin, Vogue Australia and Walkabout. At the same time, as editor of the magazine Camera World, he began his lifelong career writing about photography.

In the early 1970s he travelled and worked overseas. Since 1973 he has documented the performing arts in Australia, taking stills photographs on a great number of seminal Australian films and theatre productions. He has exhibited in solo and group shows and has written regular photography criticism for the Australian and the Sydney Morning Herald. His work is represented in the NGA, the AGNSW and the National Library as well as the National Portrait Gallery.

You will find examples of his work on the National Portrait Gallery's website and on his own website.

Reflecting on the work displayed in the ABC piece as well as Mr McFarlane's own reflections, I realised how much my own attitudes towards photography had shifted over the years.

Growing up, photographs were a record of a particular moment, often a moment that only had meaning to that small handful of people who knew the context and were interested. Indeed, the affliction of attendance at local photographic competitions or slide evenings was not conducive to a joy in photography. I certainly didn't see photography as an art form, although I could recognise striking photos.

That view really began to shift when I saw my first exhibitions by really good photographers, although the shift was a slow process. I began to realise that photographs could tell stories, that they had texture and composition that made them works in their own right, that a photograph could have texture beyond the flat surface that could be enjoyed and studied even if you had no or little knowledge of the specific context.

Living today in world dripping with immediately accessible visual images, we forget just how few photographs were actually around in the not too distant past. There were the obligatory photos recording important personal or official events such as weddings or openings or wars; there were the photos in magazines or newspapers covering things such as sport, society, life or war; there were the various family snaps, but the total was quite small. Today, I would see more photos in a week than I would in an entire year even twenty years ago.

The way I view and use photos has changed as a consequence. Having been caught and embarrassed by photo shopped images, I am far more distrustful of photos as an agent of record unless I know the context. However, I use many more photos to tell stories, see much more in photos than I once did, use photos far more as a source of evidence and information.

Availability is important here, as is the expansion in the absolute number of photographs for particular periods. However, the process does feed on itself in that increased visual awareness, increased study of particular photographs. leads me to ask new questions of the photos, to look at particular details within a photo, to ask new questions. The process becomes interactive, almost a dialogue between the observer and the observed.

There is no doubt that the computer facilitates this process. You can view photos in various ways, various sizes, focusing on particular features. Looking at the McFarlane photos shown in the ABC program, I found myself constantly shifting my view away from the centre to pick up secondary characters or peripheral features.This changed the way that I looked at the photo.  

The program reminded me, too, why I really like black and white photographs. With colour photos, I  find that the colour itself sometimes distracts from the photo. With black and white, details stand out that would otherwise be submerged by the colour, images become starker.
Max Dupain, Sunbather 1937.This image would be less striking, less iconic, had it been in colour. 
Of course, depending on your purpose, colour can be very important. Sometimes, it would be or is nice to see colour because the colour itself is part of the story or provides evidence that you want to draw from for your own purposes. Examples include clothing or hair but especially landscape. The iconic red and brown colours of the Australian outback would hardly be iconic, instantly recognisable, without the characteristic colours.

That said, I retain my fondness for black and white. .

Wednesday, March 29, 2017

What drives One Nation Voters - return of the middling class

I have yet to get David Marr's full quarterly essay, but I found this long excerpt (Looking back, and angry: what drives Pauline Hanson's voters) from the Guardian quite fascinating  if also very familiar because it fits with my own experiences.

We have discussed One Nation here from time to time especially in comments. I would like to come back to some of those points later. For the present, the analysis set out provides by far the best snap shot of the attitudes of One Nation voters that we have so far seen. Political scientist Ian McAllister cautions that care must be exercised in interpreting the results because the small number of One Nation voter risks statistical error. That is fair enough, but the results do at least provide a framework, a hypothesis, for future review.

University of New England economic historian R S (Ron) Neale spoke of a middling class. This is an unstable group included in the middle or lower middle class but distinct from them. Ron spoke of them in this way:
... petit bourgeois, aspiring professional men, other literates and artisans. Individuated or privatized like the middle class but collectively less deferential and more concerned to remove the privileges and authority of the upper class in which, without radical changes, they cannot realistically hope to share 
Explaining why he rejected the idea of a two class society, the Country Party politician David Drummond wrote that he refused:
to accept the doctrine that society was divided into 2 classes & 2 only. I knew that in between there was a middle class of decent law abiding people, farmers, graziers, small shopkeepers, & to a certain extent professional men. They were either self employed or small employers but largely consisted of people who valued their independence and sought by hard work to build a secure place in society they could sustain .. To the solid core of the "middle class" the unprincipled exploiting greed of employers was as loathsome as the destructive ill-balanced doctrines of extreme unionism.
Drummond used the term middle class, but the attributes he attached better reflect Neale's idea of a middling class.

The distinctive features of the middling class are, I think, a degree of alienation from existing power and social structures combined with a a feeling of insecurity. Through hard work, they have established a degree of security and prosperity, but they feel that this is insecure, likely to be taken away. The middling class are worriers.

Drummond was writing in 1965 explaining the views that he had formed as a young man so many decades before. Despite the passage of time, I think that the idea of the middling class is still by far the best way of understanding just what drives One Nation.  

Tuesday, March 28, 2017

Copenhagen's Ny Carlsberg Glyptotek presents 150 years of French art

Edward Manet, the Execution of the Emperor Maximilian, 1867 
I have always had a soft spot for Emperor Maximilian 1 of Mexico. If you look at the story of his life in Wikipedia, you will see that he was a fundamentally good man caught up in power politics beyond his control.

I mention this now because the Manet painting of his death is one of the paintings in a new display at the Ny Carlsberg Glyptotek just down the road from eldest's place in Copenhagen.

artdaily records that the exhibition includes 200 works of French art including pieces by Manet, Degas, Monet, C├ęzanne, van Gogh and Gauguin covering the period from 1850 to 1950. Unusually, the exhibition is presented in reverse chronological order, starting in 1950 and then working back. I would be interested to see just how this works. It should so long as the explanatory material is good.

The Glyptotek  is a lovely gallery, although those parts reliant on natural light are best not seen at dusk on a Copenhagen winter day! You also need to allow time, for I find that these very large exhibitions have a blurring effect if you try to pack the whole into a single visit.

Monday, March 27, 2017

Monday Forum - secret gardens

I am mildly addicted to an ABC (Australian Broadcasting Corporation) Program Dream Gardens. This will not come as a surprise to regular readers given my past references to gardens and gardening.
Modern suburban Australian native garden. This is an example of a garden I do not like. It's decorative, but fairly useless.  
My thinking about gardens has been affected by my love of and experience with vegetable gardens. It's also been influenced by gardens that break the heat of the Australian summer, places where you can gather or just sit on a hot day.

I do like some of the British country or great house gardens.These are more decorative, focusing on vistas, formal arrangements and sometimes quaint retreats or mazes.

The maze at Scone Palace, Perth where eldest and I wandered. These are places where one visits, but normally not places where (unless you happen to be the owners!) you can treat as a living experience.
As a child, I loved the secret bits in gardens. The hedge along which a path had been burrowed. The secret spot in which you could sit and observe the world. The tree or roof which provided a special observation point.

I was an adult when I first read Frances Hodgson Burnett's The Secret Garden, but it instantly appealed to the child in me. It still does!

Then, too, gardens are a place to play or to steal things such as fruit. I still remember collecting raspberries that I then mashed with sugar and cream to create a delicious mess.

This brings me to the topic of today's forum. What do you like/dislike about gardens? What are your favourite memories? If you were designing a garden, what must it include?

As always, feel free to go in whatever directions you want.  
 

Sunday, March 26, 2017

Confusions over Section 18C of the Racial Discrimination Act 1975

I hadn't intended to comment on the current debate about the proposed changes to Section 18c of the Australian Racial Discrimination Act 1975, but I got so annoyed listening to some of the interviews with the no-change proponents that I thought that I should at least educate myself.

For those who would like to educate themselves, I recommend reading the Parliamentary Joint Committee on Human Rights report "Freedom of speech in Australia - Inquiry into the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) and related procedures under the Australian Human Rights Commission Act 1986 (Cth)". While there was disagreement within the Committee, the report provides the best overview of the issues, far better than you will get from the reporting or commentary.

Legal Framework

As the report title indicates, there are two Commonwealth Acts involved. 

Part IIA of the Racial Discrimination Act deals with prohibition of offensive behaviour based on racial hatred. Section 18C states:
18C Offensive behaviour because of race, colour or national or
ethnic origin
 (1) It is unlawful for a person to do an act, otherwise than in private, if:
 (a) the act is reasonably likely, in all the circumstances, to
offend, insult, humiliate or intimidate another person or a
group of people; and
 (b) the act is done because of the race, colour or national or
ethnic origin of the other person or of some or all of the
people in the group.   
(2) For the purposes of subsection (1), an act is taken not to be done in
private if it:
 (a) causes words, sounds, images or writing to be communicated
to the public; or
 (b) is done in a public place; or
 (c) is done in the sight or hearing of people who are in a public
place. 
(3) In this section: public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.  
Four things to note about 18C:
  • It focuses on offensive behaviour. Other forms of racial discrimination relating to property or employment are dealt with in other sections of the Act
  • Unlawful behaviour is not the same as criminal behaviour. No formal penalties are attached. However, in the event of a court ruling that the behaviour is unlawful, other civil action may follow 
  • The scope of "offend, insult, humiliate or intimidate" because of the "race, colour or national or ethnic origin of the other person or of some or all of the people in the group" is broad
  • The scope does not include offensive behaviour on the grounds of religion unless this can be linked in some way to the defined categories.    
Section 18D then provides a defence:
18D Exemptions
 Section 18C does not render unlawful anything said or done
reasonably and in good faith:
 (a) in the performance, exhibition or distribution of an artistic
work; or
 (b) in the course of any statement, publication, discussion or
debate made or held for any genuine academic, artistic or
scientific purpose or any other genuine purpose in the public
interest; or
 (c) in making or publishing:
 (i) a fair and accurate report of any event or matter of
public interest; or
 (ii) a fair comment on any event or matter of public interest
if the comment is an expression of a genuine belief held
by the person making the comment.  
The second Act, the Australian Human Rights Commission Act 1986 provides for the processes to be followed in handling complaints. These processes are reasonably complex and I'm not sure that I have them exactly right. However, in summary complaints must be in writing, they are reviewed by the Human Rights Commission who may reject them on because they are vexatious or trivial, there is provision for a conciliation process to try to reconcile the process. If agreement cannot be reached, the process is terminated. Where a complaint is rejected or the process terminated because agreement cannot be reached, complainants may then choose to take court action.

The Proposed Changes

The proposed changes announced by the Prime Minister and Commonwealth Attorney Brandis would:

  • Remove the words "offend, insult, humiliate" from section 18C of the RDA and insert the word "harass". It would also introduce the "reasonable member of the Australian community" as the objective standard by which contravention of section 18C should be judged.
  • Amend the AHRC Act to facilitate the disposal of unmeritorious complaints and ensure fairness is accorded to both complainants and respondents. The legislation would raise the threshold for the Commission to accept a complaint, provide additional powers for the Commission to terminate unmeritorious complaints and limit access to the courts for unsuccessful complaints.
  • Also include minor technical amendments, identified by the Commission itself, to improve the Commission's reporting obligations, its conciliation processes, and governance arrangements.
The Arguments

Section 18C has become a hugely symbolic issue to the point that the arguments about the changes tend to get lost in arguments about racism and free speech in a pluralist society.

Those arguing for legislative change fall into a number of groups. There are those who want 18C deleted in total. because it infringes the general principle of free speech. This includes libertarians, as well as some of those on the right of the Liberal Party. Some oppose 18C in principle, others because of the "chilling" effect it has on debate when combined with the dispute processes; some combine the two to justify opposition.  

There are then those who want the scope of 18C narrowed to improve clarity. This includes those who suggested the replacement of the current words with vilify or harass or indeed both. Then there are those who would like to see the scope of 18C widened to include religion with "race, colour or national or
ethnic origin." 

Some of those arguing for legislative change would maintain 18C as is, but wish to see the procedures amended to improve simplicity and clarity and reduce vexatious claims.  

Those arguing against the proposed legislative changes generally make one or a combination of four main points:

  • They believe that the current legislation is in fact working well, although there may be a case for improving procedures
  • The broad wording of the current 18C has in practice been read down by the courts to limiting, thus reducing the case for change. A change of the type proposed would invalidate this case law, creating uncertainties and difficulties of interpretation
  •  The new "reasonable person" test is wrong because it shifts the judgment on the offence from the aggrieved person or group to a broader community who may never have experienced racial abuse and are therefore not in a position to make a judgement on the degree of offence or hurt caused.  
  • The proposed changes send the wrong signals and may encourage racism. Some of those arguing this line support their point with claims about the continuing prevalence of racism in  Australia.  
Among the main protagonists of these views are the Human Rights Commission itself, the Labor and Green Parties and organisations representing particular ethnic groups.

Discussion

My own views about Section 18C have fluctuated. The main Racial Discrimination Act was introduced by the Whitlam Government in 1975. Section 18C came later, introduced by the Keating Government to Parliament in November 1994. At the time, I thought that it was an infringement on free speech, another of a parcel of symbolic measures so beloved by then Prime Minister Keating that greatly infuriated me at the the time.

That was twelve years ago. With time, the section became embedded. I didn't see it as necessarily doing much good in addressing racism, but until recently I didn't see it as having significant problems either. It was just there. I couldn't quite understand the continuing heat in the issue.

I guess that makes me out of touch. The dispute over Section 18C has now become so enmeshed in conflicts over symbols, values, ideology and perceptions that that it is difficult to disentangle the issues involved that bear specifically on the legislation itself. Indeed, I'm not sure that those specific issues matter anymore in what has become a stark two tone debate where the role of 18C is primarily symbolic.

Based on the evidence presented so far, I don't think there is any doubt that the combination of 18C with the dispute handling procedures has had, to use News Corporation's word, something of a "chilling" effect on public discussion. The problems are that you don't know who will be offended and what action might be taken. Even if a matter does not proceed to court, there are still costs involved in time and legal expenses. If a matter does proceed to court, further expenses are involved. The response is a degree of self-censorship.

It is not clear to me to what degree this problem is due to the current wording of 18C as compared to the procedures to be followed should a complaint be submitted.

A linked problem lies in the present very broad wording of 18C, the use of  "offend, insult, humiliate" if the public expression is based on the grounds of "race, colour or national or ethnic origin of the other person or of some or all of the people in the group". I don't know where to draw the boundaries with those words.

During the debate over the proposed changes, Labor spokesman kept asking for examples where the current legislation stopped free speech. Leaving aside the problem that giving such examples might themselves lead to complaints under the Act, here are a few generalised examples::
  • "The Armenian genocide came about because of ethnic, cultural and religious prejudices deeply embedded in Turkish society, prejudices that continue to this day." Alternatively, "the Armenian genocide is a myth perpetrated by Armenian nationalists smearing Turkey and the Turkish people for their own political end." 
  • "Racism is deeply embedded in white society."  Alternatively, "there is something deeply racist in the way Aboriginal  people seek to exclude non-Aboriginal people  from even commenting on Aboriginal issues." 
I am not saying that these are perfect examples, just that each one is likely to offend, insult or even humiliate someone on the grounds of race, colour or national or ethnic origin. I am sure that you could think of other examples.

Three related questions arise: what is the purpose of the legislation, the problem being addressed; what is the scope of the legislation; and is 18C the best way of addressing the identified problem? 

The intent of the Government's proposed changes is to narrow the scope of the legislation by focusing on harass. Part of the argument against this is that the courts have already narrowed the scope of the legislation to limit it to more serious cases, a second part is that any change would send a signal that racism is okay. A more significant argument is that the meaning of harass itself is unclear. 

A simpler change that might meet objections on both sides would be the deletion of the word offend, thus reflecting what the courts already appear to have decided.  

While there is no agreement on the scope of 18C, there does appear to be at least a measure of agreement that the complaint processes do need reformation. I do not know whether the Government's proposals here are the best result. I haven't seen much discussion on this since attention has been so strongly focused on the change to 18C. 

On the surface, a sensible fall back position for all parties would seem to be changes here. That would then allow changes to 18C itself to be further considered in the light of subsequent case experience.

As things stand at the moment, it seems the the Government's proposed legislation will be defeated in the Senate, so all this discussion is perhaps a little pointless given that maintenance of the status quo seems the most likely outcome.