Australian Union of Students v Commonwealth Treasurer
Geoff Bird
This week, hearings will start in legal proceedings
being brought by the Australian Union of Students
against the Commonwealth Government. The first
hearing will be on Wednesday 25 September 1996 at
10.15 am (eastern time) at the Law Courts Building
in Sydney. There will probably be a video link to
the Federal Court buildings in Melbourne and
Brisbane, so students in those cities can watch
the proceedings.
The proceedings are in the Australian Competition
Tribunal, which is presided over by Justice Lockhart
of the Federal Court. The Australian Union of
Students is trying to get the Commonwealth Government
to set up a payroll deduction system from Austudy,
so that students can join the Australian Union of
Students by ticking a box on their Austudy application
forms. The payroll deduction system will also allow
students to join student associations affiliated to
the National Union of Students Inc., and join the
Wilderness Society, Amnesty International, and health
insurance funds.
The proceedings are being brought under Part IIIA of
the Trade Practices Act. This is designed to end
monopolies, in this case the monopoly of the National
Union of Students Inc. in appearing in DEETYA's
"Guide to Student Finance". In the next few months,
the Australian Union of Students will be bringing a
similar case, to compel universities to provide the
Australian Union of Students with the privileges
that they currently provide to the vassal student
unions that the universities have set up, such as
being able to use university buildings.
The hearing this Wednesday is a "directions hearing",
at which the final hearing date will be set. At the
hearing this Wednesday, the Australian Union of
Students will be seeking that Senator Amanda Vanstone
be ordered to answer a prepared list of questions
(such as, what steps is the Commonwealth Government
taking to end compulsory student unionism?), and to
produce a number of confidentual documents (such as
the ASIO file on the Australian Union of Students).
For information on where the hearing will be held,
check the list of court cases in "The Sydney Morning
Herald", "The Melbourne Age" or "The Brisbane Courier-
Mail" on Wednesday morning. Student associations
wanting to intervene in the proceedings should call
the Tribunal Registrar, Geoff Segal, on (02) 9230 8248.
You can save on legal expenses by getting a law student
to represent you for nothing. If your association is
based in a capital city other than Sydney, it should
be possible to arrange a video link to Sydney from
the Federal Court in your capital city. For other
information about the case, write to the Australian
Union of Students' legal advocate, Geoff Bird, at
email: in...@students.org.au.
Paul Montgomery
in...@students.org.au (Geoff Bird) writes:
>This week, hearings will start in legal proceedings
Yep, it went ahead, astonishingly. What is even more surprising is that
the whole thing wasn't thrown out of court at the first available
opportunity. I suppose Geoff - a.k.a. ANUS Man (he apparently calls
himself the "national president", although I suspect he may be the sole
member of the organisation) - gets his day in court like any man, though.
>The Australian Union of
>Students is trying to get the Commonwealth Government
>to set up a payroll deduction system from Austudy,
>so that students can join the Australian Union of
>Students by ticking a box on their Austudy application
>forms. The payroll deduction system will also allow
>students to join student associations affiliated to
>the National Union of Students Inc., and join the
>Wilderness Society, Amnesty International, and health
>insurance funds.
This would all be a huge big joke if the courts weren't actually treating
him seriously. For this to have happened, ANUS must be registered as a
union, or some entity of some sort... maybe AUS Inc. too? The joining of
other wishy-washy groups are a smokescreen to lure lefty students to his
essentially right-wing cause. Presumably the "health insurance funds"
would be private. Perhaps a little kicker will exist there from Medibank
Private (for example) as a little thankyou for his custom. From the
sounds of it, you only get ONE box to tick, which automatically joins you
to ALL these organisations at once. And presumably the cost of these
memberships would come out of your Austudy entitlements?? Austudy is
close enough to the poverty line as it is without ANUS sucking more of it
away.
>The proceedings are being brought under Part IIIA of
>the Trade Practices Act. This is designed to end
>monopolies, in this case the monopoly of the National
>Union of Students Inc. in appearing in DEETYA's
>"Guide to Student Finance". In the next few months,
>the Australian Union of Students will be bringing a
>similar case, to compel universities to provide the
>Australian Union of Students with the privileges
>that they currently provide to the vassal student
>unions that the universities have set up, such as
>being able to use university buildings.
NUS pays money for the production of the Guide, for Pete's sake! What
does "vassal" mean in this context? RMIT Student Union is by no means a
vassal to the uni administration, but perhaps Geoff is referring to
non-political associations like that of Bond University. Wouldn't Geoff
love to get his greedy hands on some prime campus real estate! Before too
long, he'd be leasing it out to McDonald's for a tidy personal profit.
The TPA is on the Web, if anyone wants some background to this, at:
http://www.austlii.edu.au/au/legis/cth/consol_act/tpa1974149/
I'm not sure yet exactly which section is being cited, but from skimming
through it it looks like the act has nothing whatsoever to do with the
current situation. Further perusal of the Act would probably prove me
wrong.
>The hearing this Wednesday is a "directions hearing",
>at which the final hearing date will be set. At the
>hearing this Wednesday, the Australian Union of
>Students will be seeking that Senator Amanda Vanstone
>be ordered to answer a prepared list of questions
>(such as, what steps is the Commonwealth Government
>taking to end compulsory student unionism?), and to
>produce a number of confidentual documents (such as
>the ASIO file on the Australian Union of Students).
HAHAHAHAHAAAAAA! Oh, I haven't laughed so hard in ages. I could answer
your question right here and now, Geoff. Vanstone and the Federal Liberal
government have reneged on the SOSS legislation, designed by the Labor
government to stymie legislation by the Victorian and WA Tory government
which outlawed compulsory student unionism. This has resulted in major
upheavals in Victoria, where I am posting from, and threatened the
survival of student culture on campus like newspapers and student unions
themselves. We are recovering now, but it will be a pitched battle for
many years before our basic freedoms are returned.
As for your ASIO file, I bet it would contain one sentence:
"This Geoff bloke is a complete loony."
>For information on where the hearing will be held,
>check the list of court cases in "The Sydney Morning
>Herald", "The Melbourne Age" or "The Brisbane Courier-
>Mail" on Wednesday morning. Student associations
>wanting to intervene in the proceedings should call
>the Tribunal Registrar, Geoff Segal, on (02) 9230 8248.
I rang Geoff and had a yarn to him. Apparently the next hearing is in
February, but the judge is now considering ANUS's submission. This
submission consists of a sheaf of documents purportedly setting out in
greater detail what was in the previous post, and giving all the legal
mumbo-jumbo in full.
>For other
>information about the case, write to the Australian
>Union of Students' legal advocate, Geoff Bird, at
>email: in...@students.org.au.
Legal advocate? Bollocks. He calls himself the "national president", and
is most likely the solitary sender of this sorry stunt. He's most likely
a law student himself, out to make a quick buck if he can. Don't let him.
--
Monty (yeah yeah, get over it, I did a long time ago).
Creator of aus.flame.usa, editor of Catalyst, known as "that weird guy".
constructivist bunch of shite = http://minyos.its.rmit.edu.au/~zcata/monty
in...@gil.com.au
In article <521u8j$9...@grissom.powerup.com.au> in...@students.org.au (Geoff Bird) writes:
>From: in...@students.org.au (Geoff Bird)
>Subject: Australian Union of Students v Commonwealth Treasurer
>Date: 21 Sep 1996 23:37:55 GMT
>This week, hearings will start in legal proceedings.....
<chop>
Union of Students' legal
advocate, Geoff Bird, at>email: in...@students.org.au.
Why is compulsory unionism alive and well in universities ?
What ever happened to freedom of choice ? Is'nt it an invasion
of human rights to make it a condition of university enrollment the
joining of the students union, or is the union of students conveniently
selective when it comes to that matter.
Catalyst Editors
in...@gil.com.au writes:
>Why is compulsory unionism alive and well in universities ?
This question is based on misinformation. Compulsory unionism is dying a
long death in Australia, in particular the states of Victoria and Western
Australia. The introduction of VSU (voluntary student unionism)
legislation in those states, although its effects were delayed with the
intervention of the previous Federal Lbaor government, are now biting with
full intensity.
>What ever happened to freedom of choice ? Is'nt it an invasion
>of human rights to make it a condition of university enrollment the
>joining of the students union, or is the union of students conveniently
>selective when it comes to that matter.
These questions are also based on misinformation. It is not conditional
that you join student unions - even before VSU, a student could opt out of
membership at any time. This was/is a quick and painless process. This
situation is the same at every Australian university student union, AFAIK.
Freedom of choice, you say? What about freedom of association, which the
VSU legislation attacks at its core? What about freedom of speech, which
has been attacked regularly by politicans and the media as regards student
newspapers (the recent Rabelais Kennett-in-gun-sights ad being a case in
point)? What about political freedom, which the Liberals seem to forget
conveniently whenever they want to scapegoat student groups as "radical"?
It is not an "invasion of human rights" to automatically join them to a
student union. It is a sign that they are a member of the student
community, with all the rights, privileges, responsibilities and
obligations imputed therein.
--
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