Writer
Ian Cunliffe
Lawyer, formerly senior federal public servant (CEO Constitutional Commission, CEO Law Reform Commission, Department of PM&C, Protective Security Review and first Royal Commission on Intelligence and Security; High Court Associate (1971) ; partner of major law firms. Awarded Premier's Award (2018) and Law Institute of Victoria's President's Award for pro bono work (2005).
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Optus privacy policy vague, full of holes
I was a midwife at Optus’ conception and birth. So it gives me no joy to watch Optus’ privacy predicaments. As a long time privacy law practitioner, I have a particular insight into Optus’ responses to the massive haemorrhage of the personal data of half the Australian adult population. Continue reading »
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Optus must be prosecuted for Privacy Act breach
Late September data privacy muscled its way onto the centre stage courtesy of Optus and some as yet unnamed hacker. Continue reading »
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The road ahead for a more workable Parliament.
The focus of political commentary since the election has largely been on the balance of power in the House of Representatives and on the make-up of the new Government. Labor has a very narrow majority in its own right in the House. So what is the road ahead for Labor? Continue reading »
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What does Scott Morrison believe?
Departing Liberal Senator, Concetta Fierravanti-Wells told the Senate just before the election was called that Morrison has no moral compass. Referring to Morrison’s publicly espoused adherence to evangelical religion, the Senator said that Morrison’s actions “conflict with his portrayal as a man of faith”: “He has used his so-called faith as a marketing advantage”, she Continue reading »
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Beware internet defamation: Australian law’s worrying turn
An Australian defamation court case has made it a whole lot more risky for publishers — or anyone, for that matter — to allow third-party comments on their social media pages. Continue reading »
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Ministerial standards exposed by Christian Porter’s ‘blind trust’
Until last week, “blind trust” seemed to mean the faith that many Australians put in their political leaders. However we have been better educated by the revelations that Christian Porter was given money by a blind trust. Continue reading »
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Australian Strategic Policy Institute rorts Wikipedia
In an important but shocking article in Michael West Media (MWM) on 21 August, journalist Marcus Reubenstein has exposed a pernicious practice by which supporters of the Australian Strategic Policy Institute (ASPI) have assiduously removed all negative criticism of ASPI from Wikipedia’s ASPI page, and added fawning praise of ASPI which renders the page, in Continue reading »
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Australia’s diabolical foreign interference laws
Australian laws criminal penalties of up to 20 years in gaol on anybody who “engages in foreign interference.” But the way the law is written makes it very difficult to determine precisely what activities the prohibition extends to. Continue reading »
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“Acting on health advice”
In the absence of corroborating evidence, I do not believe Scott Morrison. Continue reading »
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Stalinist-style prosecutions of Witness K and Bernard Collaery
Following the Bernard Collaery and Witness K matters, occasionally there are little glimpses into the strange Stalinist world within which the Commonwealth beavers away to discredit two distinguished Australians. The Senate Estimates hearing on 29 May provided such an opportunity. Continue reading »
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Who just gives away billions? Is this what the Collaery case is all about?
Many of us have heard about the prosecution of Bernard Collaery on the say-so of Christian Porter. But very few know much more than that it is an almost secret trial against the former ACT Attorney-General. Unfortunately, John le Carré is no longer with us to tell this intriguing tale. Continue reading »
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Of bars, prosthetic legs and statements that are no longer operable
Whether General Angus Campbell was aware of the “Fat Ladies Arm” bar or not, fact is, it was allowed to operate, and its mere existence points to a broken culture within the ADF. Continue reading »
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The role of the ADF and its core business model
The core business of the ADF “will always be the application of lethal violence in the defence of our values, sovereignty and interests”, according to the newly installed Assistant Defence Minister, Andrew Hastie, speaking to military personnel. This statement is dangerous and wrong. The only person whose core business is the application of lethal violence Continue reading »
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Good fortune and marketing briefs can’t save Morrison from his recent fumblings
Seemingly blessed by that invaluable gift that Machiavelli called fortune, Scott Morrison has overcome significant setbacks to achieve Australia’s highest office. He overcame his dismissal as CEO of Tourism Australia, the loss of initial preselection for his seat of Cook by 82-8, to oust the pre-selected candidate on the basis of allegations against that person Continue reading »
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Scott Morrison’s rule of law
Lawyers around the country are shaking their heads in trying to understand just what the Prime Minister means by the ‘Rule of Law’. Continue reading »
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It is way past time Attorney General Porter was dumped
The Political Right asserts that an investigation into the Porter allegation would mean the end of Western civilisation as we know it. It would trash the Rule of Law, the Presumption of Innocence, the Right to Silence, and many other rights – all individual rights that the Political Right so strongly resists putting in an Continue reading »
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Most viewed articles 2020: Robodebt is far from dead, buried and cremated (Nov 23, 2020)
Those who closely follow the news will believe that the dreaded Robodebt has been slain, “dead, buried and cremated”, with the Federal Government agreeing at the door of the court on 16 November to settle the Robodebt class action. But it’s not as simple as that. Continue reading »
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Most viewed posts 2020: Juukan Gorge – the plot thickens (Sep 14, 2020)
Under cross-examination, Federal Environment Minister, Sussan Ley made two major admissions on ABC Radio National last Friday over the destruction of the two ancient Aboriginal rock shelters at Juukan Gorge. The shelters had been inhabited for 46,000 years, and now will become bits of iron and steel. Continue reading »
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What responsibility does ADF’s top brass have for war crimes in Afghanistan?
As much as clothes, language has fashions. This month’s in-vogue expression is “walking back” – a metaphor for resiling from a position previously taken. And in these changing times, there is a lot of walking back about. Continue reading »
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Not only governments exert foreign influence. What about Rupert Murdoch?
A Royal Commission under the best leadership could shine an enormously powerful spotlight on the fact that NewsCorp grossly breaches our foreign interference laws on a daily basis. Continue reading »
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Australia’s unnecessary involvement in various wars
Our Prime Ministers and other senior Ministers must bear the greatest responsibility for atrocious decisions to involve us in wars in Afghanistan, Iraq, and Vietnam. They have shown repeatedly that they are not up to the task. Continue reading »
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Robodebt is far from dead, buried and cremated
Those who closely follow the news will believe that the dreaded Robodebt has been slain, “dead, buried and cremated”, with the Federal Government agreeing at the door of the court on 16 November to settle the Robodebt class action. But it’s not as simple as that. Continue reading »
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It is a gross injustice to Mr Moselmane. Beyond gross.
The attacks on Mr Moselmane began months before the raids, with journalists and shock jocks being backgrounded to demonise him. Sky News’ Peta Credlin broadcast “If we really have foreign agent laws, why isn’t Moselmane being looked at?” She knew very well that he was being lined up. Another leak by his opponents. Another crime Continue reading »
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Inside the Canberra Bubble
After the Four Corners program “Inside the Canberra Bubble”, I was asked whether, assuming there was any truth to the allegations made, there were any implications for a Federal ICAC. Continue reading »
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Fear and loathing of China is poppycock
Australia seems often to act like a junior gang member who is hyper anxious to impress the leader of the gang….Annoying China is good politics but bad leadership. Continue reading »
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Review of ‘The Eleventh’ on podcast ABC
The ABC 2020 podcast, “The Eleventh” re-examines the events around the dismissal of the Whitlam Government 45 years ago, on 11 November 1975. The podcast is very penetrating but also very long and detailed. Some revelations from the podcast deserve being reduced to print. Continue reading »
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Australian foreign interference laws.Rupert Murdoch and Duong Di Sanh
Murdoch is an American, but he has a major impact on our elections, and works insidiously, for example, to sabotage efforts to get Australian Governments to act effectively against climate change. His empire also works surreptitiously at undermining that most important Australian democratic institution, the ABC. We all know that nothing will be done about Continue reading »
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US leading Australia on China
Many of our political and thought leaders in Australia seem in the past couple of years to have followed the US into a mindset that de facto China is the enemy. It seems a very uncomfortable position for Australia, given our massive economic reliance on China and the large Chinese diaspora in Australia. Continue reading »
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A Clayton’s Integrity Commission?
Some readers will recall the major marketing campaign in the 1970s and 1980s for a non-alcoholic drink called Claytons, which looked like and was packaged to resemble whisky: “the drink you have when you’re not having a drink” was the slogan. The term Clayton’s caught on to mean anything which is not the real thing, Continue reading »
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Is it time for Federal Integrity Body or should we just turn off the life support machine for integrity in the federal public sector?
It is not a pretty picture. Bernard Keane writing in Crikey said recently: “Everywhere you look in the Morrison government, you see sleaze and self-interest, if not outright corruption. Merely itemising the current scandals on foot is an arduous task.” Continue reading »
