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Pearls and Irritations

John Menadue's Public Policy Journal

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December 3, 2025

What the ICJ’s climate law decision means for Australia

A landmark advisory opinion from the International Court of Justice clarifies that states have a duty under international law to prevent climate harm – with serious implications for Australia’s fossil fuel approvals and future litigation.

November 18, 2025

The last Boomer

Somewhere around 2075,  even the longest lived baby boomer will die. But their story is not, in the end, a story about age.

December 9, 2025

The pecking order: how class blindness governs Australian schools

Australia prides itself on fairness and opportunity, yet an unspoken pecking order shapes who advances and who is blamed for falling behind. In schools and public institutions, structural inequality is dressed up as personal failure, with shame doing much of the work.

October 21, 2025

The onus is on Israel and its allies to end the genocide, not their victims

It’s actually never legitimate to withhold aid from starving civilians. It was never legitimate at any time.

November 20, 2025

From Whitlam to AUKUS: Sovereignty silenced

When governor-general Sir John Kerr dismissed Gough Whitlam on 11 November 1975, Australia lost more than a government. It lost a measure of its independence a loss that still shadows our politics half a century later.

October 7, 2025

Loot boxes are still rife in kids’ mobile games, despite ban on ‘gambling-like’ features

In September 2024, Australia introduced  a new classification approach for games with gambling-like content.

November 29, 2025

You can’t regulate your way to quality early childhood education

Recent safety failures have triggered tighter regulation in early childhood education and care. But compliance alone cannot deliver quality. Real reform begins with professionalising the workforce.

October 16, 2025

Trump and climate change

Donald Trump does not accept that climate change is a real and significant phenomenon. In fact, he has said those who propound it are perpetrating the “greatest hoax” in the history of the world.

October 30, 2025

Daydreaming about a legend: Review of Hawke PM: The making of a legend

David Day’s book Hawke PM is the latest in a long list of books covering the Hawke era and may well be the last we’ll see for quite some time.

December 10, 2025

Trump’s Ukraine peace deal would leave the country vulnerable to future Russian attacks

A US-backed peace proposal negotiated with Moscow but excluding Ukraine risks entrenching Russian gains and leaving Kyiv dangerously exposed.

October 24, 2025

Managing bullying or manufacturing shame? How neoliberal bureaucracy gets it wrong – again

When Education Minister Jason Clare announced the Anti-Bullying Rapid Review in early 2025, he spoke with the gravity such tragedies demand.

November 3, 2025

Vaping: A disruptive innovation of smoking and rapidly replacing cigarettes

Recognised as a concept over three decades ago, “disruptive innovations” are new and improved ways of meeting consumers’ needs that generally sweep away conventional approaches of market-leading firms by a process of creative destruction.

September 24, 2013

Fukushima - the trouble when regulators and operators are too close. Guest blogger: Walter Hamilton

Speaking in support of Tokyo’s bid for the 2020 Olympics, Japan’s Prime Minister Shinzo Abe said on 7 September that the situation at the crippled Fukushima nuclear power station was ‘under control’. Recent disclosures, however, about leaks of radioactive water from storage tanks at the site and the contamination of ground water flowing into the ocean make his claim appear brave at best and dishonest at worst. The ‘everything is fine’ stance means the government is still relying primarily on the operator, Tokyo Electric Power Co., to see through the clean up and decommissioning process. Though TEPCO might be expected to know more than anyone else about the situation at Fukushima, its performance so far does not inspire confidence.

April 16, 2014

Kieran Tapsell. Things are improving.

Héctor Abad Faciolince, El Espectador, Colombia, 29 December 2013, http://www.elespectador.com/opinion/el-espantoso-mundo-vivimos-columna-466312

Summary: The world we live in is frightening, but it is less frightening than it used to be.

One of the best definitions of the word, “intellectual” that I have read is: “a person who has studied beyond his own capacities”.

There are those incapable of comparing the world of today with that of yesterday, of weighing up the gains and losses; their obsession consists in outraged criticism, arrogant moralising, scorn for any progress, enjoyment or happiness, in the conviction that there is no creature more repugnant that the human being, nor a place more inhospitable than the Earth.

January 7, 2018

A Human Rights Bill 2009

As part of our campaign for a national Human Rights Act, a Bill was drafted to ‘respect, protect and promote Human Rights for Australia’.  This model Bill formed the core of our group’s submission to the National Human Rights Consultation, chaired by Frank Brennan SJ OA.  See following draft of Human Rights Bill 2009. 

July 13, 2015

Kerry Breen. The Australian Medical Association vs. The Medical Journal of Australia.

Troubles at the Medical Journal of Australia and the birth of ‘Friends of the MJA’

The Medical Journal of Australia (MJA) has been in existence for over 100 years and has become the most important national publication for every aspect of the health and health care of Australians. It is owned by the Australian Medical Association (AMA) and is published by the Australasian Medical Publishing Company (AMPCo), a wholly owned subsidiary of the AMA. AMPCo makes a profit on its Medical Directory* but, like other journals of medical associations around the world, makes a loss with the MJA. The loss is subsidised by the annual membership fees of AMA members and the current subsidy per member is believed to be approximately $80 per member. Annual membership of the AMA costs up to $1446. [*The Medical Directory is the only available comprehensive listing of all doctors, with information about qualifications, special interests, practice addresses, publications etc.]

January 7, 2018

JOHN MENADUE. A campaign from 2005, for a Human Rights Act for Australia.

In 2005, Susan Ryan, Spencer Zifcak, I and others, in association with New Matilda, launched a campaign for a Human Rights Act for Australia. This campaign is outlined in the following. It formed part of a submission to Frank Brennan SJ who was Chair of the Commonwealth Government, National Human Rights Consultation.

As a result of the campaign, a draft Human Rights Bill 2009 was developed.

September 18, 2013

Commodifying and dehumanising asylum seekers. Guest blogger Michael Kelly SJ

The rejection by the Indonesian foreign minister of Tony Abbott’s suggested ways of “stopping the boats” is only the latest assertion of how the Coalition’s policy on asylum seekers was never going to work. It might have made political sense at election time, allegedly in marginal seats though the results in western Sydney throw some doubt on that.

But now a factious Senate that will be difficult for a Coalition government to woo, a High Court to appeal to about the implementation of a policy that has all to many features similar to the one struck down when the “Malaysian Solution” failed and the unparalleled damage done by the policy to Australia’s standing in the region all indicate that, however loudly proclaimed and possibly significant at the polls, it was never a goer.

January 20, 2019

ANDREW FARRAN. Brexit: Running out of time or anticipating a delay?

What explains an unprecedented, disastrous political defeat ever of a government on the floor of the British Parliament (432/202, a loss by 230 votes), followed within a day by its reaffirmation in government - prevailing over a no-confidence motion by a healthy margin of 19 votes? Essentially the Tories still cannot agree on an outcome for Brexit but bunch up to prevent their worst fear, the possibility of a Jeremy Corbyn led Labour Government.

February 25, 2024

The pretense of justice meted out to Assange by the Rules Based Order has come undone

The approval of Julian Assange’s extradition is not only morally wrong, it appears to be wrong in law, and serious questions should be asked of the UK Home Secretary, as well as the Australian Prime Minister and Foreign Minister and the former incumbents of those positions.

March 4, 2015

Graham Freudenberg. Gough Whitlam Commemorative Oration.

 You will see below what I think is a remarkable speech by Graham Freudenberg about Gough Whitlam’s contemporary relevance.  This oration is much longer than I normally post on this blog, but it is an outstanding oration which I am sure you will enjoy.  The Whitlam Institute will also be publicising this oration.  John Menadue

THE WHITLAM INSTITUTE

GOUGH WHITLAM COMMEMORATIVE ORATION

“Contemporary Relevance, comrade”:

Gough Whitlam in the 21st century

July 24, 2013

Galahs and princes. Guest blogger: Walter Hamilton

What was that about Australia and the Asian Century? The umbilical cords still tie us to the past. John Menadue

 From Walter Hamilton:

I had a choice today on the ABC Online News website of reading a story about a galah plague in a Queensland outback town or viewing the ‘first pictures’ (breathless pause) of a certain baby born in London the other night. I chose the galahs. Earlier in the day, sitting in the waiting room of a doctor’s surgery, I kept my head down and read my Kindle book as Channel Seven’s breakfast show replayed a clip of London crowd noise at least three times. Shamefully, the television station ignored the galahs – though no less melodious and far more relevant to an Australian audience.

January 14, 2016

Dennis Hemphill. Essendon Football Club

Their club failed them, but Essendon players can’t excape blame for doping ban.

Fingers are pointing again at the Essendon Football Club for its failures in the long-running supplements fiasco. This follows the Court of Arbitration for Sport’s (CAS) decision to ban 34 past and present players for one year for contravening the World Anti-Doping Code.

A club’s coaches and other officials are supposed to have a duty of care to ensure a safe working environment and practices that are compliant with the anti-doping code. But the club’s failings in this area have already been dealt with. The AFL penalised Essendon heavily in 2013 for health and safety shortcomings that were judged to bring the game into disrepute.

September 28, 2014

John Tulloh. Australia could fight another far away war in a better way.

It is sobering to consider that the 21st century is only 15 years old and a geographically isolated and peaceful country like Australia has already participated in two major conflicts - Afghanistan and Iraq - and fought skirmishes in a lesser one, the birth of Timor Leste. Now we are preparing to join another one far away in Iraq and perhaps even extend that to Syria.

It is just as sobering to consider a number of other facts:

September 25, 2014

Walter Hamilton. A paranoid state?

The same question might be asked of many places on earth in these security-conscious times. On this occasion, however, the subject is Japan: a state several times removed, one would have thought, from legitimate concerns about an imminent threat from an alien creed enforced by a ruthless blood-cult. (Enough of that; you only have turn on commercial radio to know what I mean.)

Japanese paranoia comes to mind for several reasons. I could hardly believe my eyes when watching the main evening current affairs program on NHK (the national broadcaster) the other night. During a story on last week’s International Whaling Commission meeting, a graphic appeared giving the reason why New Zealand had brought a motion to impose stricter conditions on “scientific whaling”. The purpose, said NHK, was to “cause Japan international embarrassment.” It’s believed the program, News Center-9, is closely monitored by NHK’s conservative president––a man who on taking up his job stated that it was not the business of a public broadcaster to contradict the government of the day­­––and, under pressure from above, nervous editors can go to absurd lengths to toe the line. By the way, I can report that whale meat has just been added to the menu at the ruling Liberal Democratic Party’s headquarters in Tokyo. If that is not a snub to the International Court of Justice, which this year ruled against Japan’s whaling program, I don’t know what is.

March 31, 2014

John Menadue. Pity our diplomats.

It is not often that our diplomats in foreign posts receive or need our sympathy in the work they do. But just think of their present plight in defending the Australian Government’s behaviour in foreign policy. What we are seeing across so many countries is alarming. With many key countries, we are skating on very thin ice – and the ice will probably crack fairly soon.

Just consider what is happening.

April 14, 2013

Privatisation on the wane. John Menadue

From the days of Maggie Thatcher, Ronald Reagan and John Howard, the assumption has been that the private sector will grow in relation to the public sector because it is more efficient and contributes more to the public good. The political correctness of the political Right assumed that privatisation would carry all before it.

But not any more. The market failures of many key players in the private sector are clear. It is not just Wall Street, but our own local giants, BHP, Rio Tinto and others, who have lost tens of billions of dollars in shareholders’ funds in recent years. There has been clear company overstretch and management failures.

May 8, 2015

Joel Windle. School choice: parents follow the money.

If private schools offer little academic value over public schools, why do 35% of Australian parents continue to choose to pay the hefty fees rather than sending their child to the local state school?

Parents have a high regard for public schools

School choice is a dilemma for a minority of parents. My research with parents in Melbourne suggests that the preference for public schooling is strong even amongst those who end up sending their children to a private school.

November 30, 2015

Sebastian Rosenberg. Mental health changes.

Announcing the federal government’s response to the National Mental Health Commission’s review of mental health services today, Prime Minister Malcolm Turnbull emphasised the concept of patient choice.

The commission’s review was the latest in a long line of reports showing that for many Australians needing mental health care, their current choice is between getting no care or getting poor care.

The reforms announced today have the potential to change this appalling situation. But ultimately they should be judged on the outcomes they achieve for patients.

August 2, 2016

CAMERON DOUGLAS. The military coup and the Constitution in Thailand.

 

Thais will vote in a referendum on Sunday (August 7) to approve, or reject, a new constitution. This will be the post-coup government’s second attempt to implement a new national charter.

The constitution would usher in a form of parliamentary government but the military would retain the power of veto: the system could not be regarded as democratic as the word is understood elsewhere.

For Thais voting on Sunday, the effective choice is between more military rule and more military rule.

December 8, 2014

John Menadue. Tony Abbott did not stop the boats.

The data just does not support the never-ending claims by Tony Abbott and Scott Morrison that they stopped the boats. The under-resourced and uncritical media accepts the Coalition’s line.

I will come to the recent data, but first the evidence is clear that action by the Coalition along with the Greens in the Senate to prevent amendments to the Migration Act greatly assisted people-smugglers and boat arrivals from 2011 onwards.

August 2, 2016

WALTER HAMILTON. Tokyo’s First Female Governor, and the disturbing state of Japanese politics.

 

The victory of 64-year-old Yuriko Koike in last weekend’s Tokyo gubernatorial election tells us a lot about the disturbing state of Japanese politics.

Hailing from the right wing of Japan’s ruling Liberal Democratic Party, Koike holds views on constitutional change, school textbook revision and other contentious issues that line up with those of Prime Minister Shinzo Abe. How, then, did she manage to present herself to the electorate as a maverick, non-mainstream candidate and, despite claiming to be ‘fighting alone’, run the slickest campaign of all?

Seeking an answer, we need to recap events of recent years.

November 30, 2014

Michael Kelly SJ. Phillip Hughes: reality bites

Seeing Australia from outside the island continent offers some very strange views from time to time. The outpouring of grief over the tragic accident that took the talented life of cricketer Phillip Hughes went global within a very short time.

The home of cricket – England – was profuse in the time devoted to this sad event. While he was in hospital, Phillip Hughes was part of hourly bulletins on the BBC. On the day Hughes was declared dead, the BBC gave a full quarter hour of coverage from England and Australia involving players, administrators, medical doctors, sports physicians and engineers who design helmets. And all in prime time.

January 2, 2019

PETER SAINSBURY. Labor’s environmental policies: will the action match the rhetoric?

The ALP has released details of the environmental policies they will introduce if elected during 2019. Central to these are a new Australian Environment Act and a new Federal Environmental Protection Agency. Labor’s challenge will be to provide national leadership to tackle the wide range of environmental threats to human health and survival, while giving businesses the policy certainty they need but not the free-passes some want.  

February 10, 2015

Chris Bonnor. School funding and achievement: following the money trail

The recurrent expenditure on school education in Australia is over 44 billion dollars, around 36 billion of this provided by governments. These are considerable sums, more often than not expressed as a cost rather than an investment – especially when it doesn’t always seem to deliver noticeable improvements in student results.

But a closer look at where the money goes and what it delivers reveals many surprises. Schools are expensive places, some far more than others. But in recent years the biggest funding increases have gone to the most advantaged schools - and there is scant evidence of any difference in student results.

October 20, 2016

TONY KEVIN. Clinton-Putin-Trump: foreign policy dimensions of the final debate.

 

There is no doubt that Hillary Clinton trumped her contender on domestic economic and social policy issues, migration, and proper respect for women. She has neutralised the personal emails and Clinton Foundation questions. Barring the unforeseeable, she will cruise to victory next month.

On foreign policy, her words and what she left unsaid left many important questions: and Trump more often found himself on the right side of the foreign policy argument, for those who follow these things. Such debates proceed according to a free flow of their own and important issues easily get submerged and diverted as the caravan rapidly moves on. Here are my notes for what they are worth.

April 20, 2014

Kieran Tapsell. The war on drugs.

Juan Gabriel Vásquez, El Espectador, Colombia, 20 December 2013, http://www.elespectador.com/opinion/esta-babilonia-nuestra-columna-465199

Summary: The so called “War on Drugs” is an American invention from the time of Nixon. It has been a spectacular and costly failure. But the Puritans in the Americas do not want to even discuss the subject.

A year and a half ago, President Santos of Colombia said to Obama that the 40 year war on drugs had failed, and that perhaps it was time to look for alternatives.

April 20, 2014

John Menadue. The media, our region and the PM's visit.

The Prime Minister’s visit to Japan, the Republic of Korea and China, highlighted for me the problems of media reporting and understanding our region.

I have posted blogs on our media. See April 17, 2013, ‘Media failure: the tale of two bombings in two cities’; May 17, 2013, ‘Truth, trust and the media’ and January 31, 2014, ‘Murdoch and Abbott versus the ABC’. I posted a blog on April 10 this year, specifically on Tony Abbott’s visit to Japan and the political shortcomings of Free Trade Agreements which usually have more hype than substance. That continues to be the case.

January 27, 2024

Ignore Israel’s spin: ICJ HAS ordered a ceasefire – and much more than a ceasefire

Desperate damage control by genocidal regime can’t hide the facts – the ICJ has gone well beyond a mere ceasefire: Israel has been ordered to protect Palestinians in Gaza, not just stop shooting at them.

October 9, 2015

Bob Kinnaird. 750,000 temporary residents with work rights.

The recent Fairfax/ABC Four Corners reports exposing widespread exploitation and wage abuse of overseas students and other visa workers in 7-11 stores, horticulture and other sectors have been justly applauded as outstanding examples of investigative journalism.

Their impact has been immediate, forcing 7-11 to set up an independent investigation panel chaired by Alan Fels and 7-11 chairman Mr Russ Withers to resign.

The latest Fairfax report was titled ‘The Precariat’ (SMH, 3 October 2015). The term combines ‘precarious’ and ‘proletariat’ and was coined by British economist Guy Standing. It means broadly workers reliant on transitory and insecure work, though not necessarily low-skill.

September 8, 2015

Michael Kelly SJ. The challenge of people movements.

Great as the gesture of Pope Francis is to mobilize parishes in Europe to accommodate the influx of tens of thousands of asylum seekers from the Middle East (they call them migrants), the problem is more complex than offering immediate support to needy people. The Pope knows that. He’s said so many times.

The Pope is drawing a line in the sand. He will be called naïve and “grandstanding". In a world where 60 million of the 7.3 billion humans on the planet are displaced, the cliché about protecting borders isn’t adequate to the challenge that confronts humanity now.

February 22, 2016

Jenny Hocking. ‘The Governor-General, the Palace and the Dismissal of Gough Whitlam: The Mysterious Case of “the Palace Letters”’

 

The dismissal of the Whitlam government by the Governor-General, Sir John Kerr, was marked by secrecy and collusion on a scale that has only recently been uncovered. Its history has been no different. From the outset we were treated to a carefully constructed narrative that masked the Governor-General’s secret collusion with members of the High Court, with the leader of the Opposition, Malcolm Fraser, and his acknowledged deception of Whitlam regarding the half-Senate election that Whitlam was set to announce on the afternoon of 11 November 1975.

February 23, 2016

Tessa Morris-Suzuki. The ever-shifting sands of Japanese apologies

On 16 February, Australian Foreign Minister Julie Bishop and Japanese Foreign Minister Fumio Kishida signed a ‘Strategy for Co-operation in the Pacific’, in which both countries emphasised their shared values of ‘democracy, human rights and the rule of law’

As they were doing so, Japanese Foreign Ministry Spokesperson Shinsuke Sugiyama was in Geneva addressing a meeting of the UN committee which oversees the implementation of one of the world’s key human rights accords: the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). On the agenda was the Japanese government’s treatment of the problems of memory, justice and redress arising from the imperial military’s mass recruitment of women (the so-called ‘comfort women’) to military brothels during the Pacific War.

April 1, 2014

Walter Hamilton. The guts of a Free Trade Agreement with Japan.

Dolphin-culling and free trade agreements represent opposite sides of the coin of the relationship between Australia and Japan. Both are currently in the news, with Sea Shepherd activists hounding the fishermen of Taiji (where the documentary ‘The Cove’ was filmed) and Australian cattle producers in Tokyo trying to break down the last obstacle to a bilateral FTA. More than that, the two issues encapsulate the divided response among many in the West to Japan as a backward and insular nation, on the one hand, and a modern, global partner on the other.

February 23, 2018

GARY JOHNSTON. The Future Submarine: a technical problem

It is nearly two years since the government announced that the Shortfin Barracuda, to be designed and built by the French company, Naval Group, would be Australia’s future submarine (FSM). The proposed acquisition remains controversial. As an Australian citizen who has observed over many years the ongoing waste and incompetence exhibited in many Defence acquisitions, I have been concerned since the outset at the huge cost and immense risks around the FSM project. In this article, I describe what may be a major technical error on the part of the Defence department, with potentially far reaching consequences.

February 22, 2016

Evan Williams. Film review. 'Trumbo' (M)

Everyone remembers Psycho, in which Anthony Perkins played a knife-wielding weirdo obsessed with his dead mother, and most of us remember Rambo, in which Sylvester Stallone played a super-patriot action-hero fighting for truth, justice and the American way. We all know about Romeo, and some of us will remember Dumbo, Disney’s animated baby elephant with the big ears. But Trumbo? He’s not exactly a household name, and unless you’re something of a film buff you may never have heard of him. Trumbo is the hero of Trumbo, a wholly absorbing film from Hollywood director Jay Roach.

February 23, 2018

ANDREW GLIKSON. The price of the Earth.

“Dear Caesar, Keep burning, raping and killing, but please, please spare us your obscene poetry and ugly music” (From Seneca’s last letter to Nero).  

Astrophysicist Greg Laughlin came up with a figure of €3000 trillion for the worth of planet Earth, given its breathable atmosphere—a shield from cosmic radiation. A close estimate is by Greg Laughlin at US$5000 trillion. By contrast Mars is estimated as a modest $16,000 while Venus is dismissed at about a penny (https://www.treehugger.com/natural-sciences/new-formula-values-earth-at -50000000000000.html).  Far from a joke, such estimates symbolize the religious worship of money, the loss of reverence toward nature and life and the reality of the Faustian Bargain in the roots of the seventh mass extinction of species. Once a species has acquired the power to destroy its environment, the species needs to be perfectly wise and in control if it is to survive. 

February 23, 2018

Weatherill: Why state election will be a referendum on renewables

South Australia Premier Jay Weatherill might not be able to see much daylight between his Labor Party and the rival Liberals and SA Best, but he’s certainly making sure there is a big difference between his energy policy and those of the Opposition and the upstart party of Nick Xenophon.

June 19, 2016

JOHN MENADUE. Privatisation and the hollowing out of Medicare

Malcolm Turnbull says that the Coalition will ‘never, ever, privatise Medicare’. Given the wide public support for Medicare and Malcolm Turnbull’s way with words his attempted rebuttal is not surprising.

But the Coalition has been eroding Medicare from within for a decade and a half since John Howard. The vehicle for this erosion is private health insurance (PHI) and the government is facilitating this process with the $11 billion p.a. taxpayer funded subsidy to support private health insurance.

And the ALP does not seem to care. It scarcely ever mentions the damage of PHI. Is it scared of this vested interest? 

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