Aslyum seekers are representing themselves in court as legal fees are not funded by the government. Photo: James Brickwood

Asylum seekers are resorting to going to court without legal representation because there is no government funding for lawyers, despite the high rate at which courts are overturning refugee rejections.

The Federal Magistrates Court had to abandon a hearing in Sydney this month after a man detained in Pontville, Tasmania, filed an unintelligible application by fax and appeared by telephone.

Federal Magistrate Matthew Smith directed a lawyer be found for the asylum seeker, but even pro-bono agencies were unable to locate a barrister in Sydney to take the case.

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The legal firm paid for by the immigration department to prepare the man’s initial refugee claim routinely drops its clients once they receive a rejection after the first review, because government funding ends at this point.

A humanitarian campaign by New South Wales and Victorian commercial law firms to fill the gap saw 40 asylum seekers last month accepted as pro-bono cases to be taken to the Federal Magistrate Court.

Katrina Ironside, principal solicitor of the Public interest Law Clearing House, which is co-ordinating the campaign, said: “We are incredibly frustrated by this. we are asking the NSW and Victorian legal profession to do this on a pro-bono basis — but it’s a government responsibility. we don’t have any substantial funding for the project and our concern is we may have to stop.” the clearing house is industry-funded.

The High Court ruled in December 2010 that boat arrivals are entitled to access Australian courts when the immigration department rejects a claim for refugee status.

An independent report on the impact of the High Court decision warned the federal government last year that the Federal Magistrates Court may become flooded with applications from detainees in remote locations who are legally unrepresented and therefore disadvantaged, or the lack of legal advice may deter applications.

The report, by former Commonwealth Ombudsman John McMillan, advised the government against introducing a new legal assistance scheme to cover the asylum seekers’ court costs, and instead monitor the situation.

Ms Ironside said 95 barristers and 22 law firms had said they would donate their time to help asylum seekers reach court.

“It is clearly seen by the legal profession as an access to justice issue,” she said.

Magistrate Smith transferred the Pontville detainee’s case to Adelaide, where he now lives on a bridging visa, saying he was “hopeful that there may be an opportunity to find a lawyer in Adelaide”.

The federal government will scrap the immigration department’s separate system for assessing boat arrivals later this year, with the Refugee Review Tribunal to assess all cases instead.

The Greens, meanwhile, said yesterday they wouldn’t support a private member’s bill from NSW independent MP Rob Oakeshott to allow offshore processing in countries that have signed the Bali Process.

“Australia must continue assessing claims on shore because it’s the cheapest and only legally sound means of fulfilling our international obligations to guarantee the wellbeing and safety of people fleeing persecution,” said Greens Senator Sarah Hanson-Young.

The Coalition also opposes the bill.

Follow the National Times on Twitter: @NationalTimesAU

Asylum seekers facing court without help

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the breather from the on-going 19th sessions was in the belief that the United States-backed resolution on Sri Lanka would be moved only later this month. So much so, the delegation leader, the President’s human rights special envoy and Minister Mahinda Samarasinghe chose to undertake a visit to Japan, return to Colombo and later get back to Geneva. That visit was connected to issues over tea in his capacity as Minister of Plantation Industries. this was whilst the Minister of External Affairs continued his South African safari — an odyssey that has turned out to be a tragi-comedy in the conduct of Sri Lanka’s foreign policy. more chapters unfolded this week.

Tamara Kunanayakam, Sri Lanka’s Permanent Representative to the United Nations in Geneva, rang the alarm bell. the United States had sprung a surprise. as revealed exclusively in these columns last week that it would happen come Wednesday, the official text of the US-backed resolution was handed over to the conference secretariat on that day for inclusion in the agenda.

That, however, seemed a shock and surprise for the Sri Lanka mission, which shows how out of touch it was with the happenings around it. the next day, (Thursday), the United States Ambassador for Human Rights Council, Eileen Chamberlain Donahue, called an ‘informal consultation’ to which all Geneva-based missions and UNHRC delegates were invited. in the light of this, Mohan Peiris, legal advisor to the Cabinet, hurriedly boarded a flight to Geneva on Wednesday.

The next day, he was at the meeting in the afternoon together with Deputy Solicitor General Shavendra Fernando. Donahue announced that the United States had handed over the resolution for inclusion in the agenda. She said countries that wished to co-sponsor it could fill up and turn in the required forms that were on her table. in terms of HRC procedure, not only countries with voting rights but also other UN members are entitled to co-sponsor such resolutions.

Thus, it is still not clear how many would join in as co-sponsors. However, one source in Geneva said, "a number of countries" have already joined in. the government prepared yesterday to rush ministers, MPs, officials and others to Geneva. this is at a time when politicians who represented various countries have returned home after attending the ‘high level segment’ of the Council. they have left matters in the hands of their permanent missions. the question is with whom are the new Sri Lanka delegation members going to interact? Not that most of them interacted during the first part of the sessions.

in her opening remarks, Donahue said, "After consulting broadly with delegations from all regions and incorporating many helpful suggestions to the initial draft, we have introduced a moderate, reasonable, and balanced resolution text as a basis for further discussion and collaboration with our many partners in the Human Rights Council. in this regard, we reiterate our long-expressed willingness to work in partnership with the government of Sri Lanka on this resolution, and on the broader issues of reconciliation and accountability.

"this resolution is not intended to condemn; indeed, it acknowledges the contributions of the Lessons Learnt and Reconciliation Commission (LLRC), which has made many constructive recommendations to the Sri Lankan government. However, many international and domestic observers share our conclusion that the government has not yet promulgated a credible action plan for implementation of those recommendations, nor has it taken the additional needed steps since the war to foster national reconciliation.

"Our intention is clear: we want the countries of the world to join in encouraging the government of Sri Lanka to take the steps needed to ensure meaningful and lasting national reconciliation after a long conflict, to reach out sincerely to the Tamil population and bring them back in to the national life of Sri Lanka, and to ensure accountability for actions taken during the war.

"Time is slipping by for the people of Sri Lanka. together with the international community we want to work with Sri Lanka in order to bring lasting peace to the island. We firmly believe that action now in this Council reflects the international community’s on-going interest in and support for action on the ground in Sri Lanka. Numerous international and domestic observers have echoed our concern that the government of Sri Lanka must now establish domestic processes that will sow the seeds of lasting peace on the ground. with this resolution, the countries of the world can extend their hand of cooperation to help all the people."

Seated with Donahue was a State Department official who had flown from Washington DC to Geneva for the event. He was Atul Keshap, Director of the Office of India, Nepal, Sri Lanka, Bangladesh, the Maldives and Bhutan in the Bureau of Central and South Asian Affairs in the State Department. He reports directly to Robert Blake, Assistant Secretary who heads the Bureau. the other was Miriam Shahrzad Schive, in charge of political affairs and specialised agencies in the US diplomatic mission in Geneva.

Keshap followed Donahue with some remarks. He said the resolution was not "brought up suddenly." the United States too had helped Sri Lanka eradicate terrorism. He charged that the government has "not been practical" in its approach to issues and recalled that Blake was personally aware of some developments since he had served as Ambassador. Thereafter, in his capacity as Assistant Secretary he had visited Sri Lanka many times for talks with government leaders, opposition political parties and civil society organisations. He (Blake) understood the ground realities well, Keshap noted. There was a slip up during his speech when he referred to Mohan Peiris as the Attorney General. He was reminded by Peiris that he had already relinquished that office.

Participants were allowed a three minute speech. Peiris took the opportunity to strongly defend Sri Lanka. He accused the west of double standards and asked why Sri Lanka was being singled out. when his time was over, Peiris protested that since the resolution was against Sri Lanka, it was nothing but right that he be given more time to argue the country’s case. when contributions by some 25 envoys and delegates from UN member countries ended, Donahue noted, "we still have some more time" and invited Peiris to speak again.

the legal advisor to the Cabinet said the final report of the Lessons Learnt and Reconciliation Commission (LLRC) had been broadly divided into four different categories. they were (1) National Policy (2) Final stages of the separatist war (3) National Security, and (4) Rehabilitation and Development. several Committees were being tasked to go into these aspects. the initiatives were being chaired by President Mahinda Rajapaksa. He looked at the chair and remarked "the United States is abusing their might."

Delegates from African and Latin American countries, though present, did not make speeches. Nor did the Indian diplomats who were present there. Besides Sri Lanka, delegates from Denmark (on behalf of the European Union), Pakistan, France, Russian Federation, Switzerland, Norway, Cuba, Hungary, Poland, Egypt (on behalf of the non Aligned Movement), Sweden, Australia, Thailand, the Philippines, the United Kingdom, Algeria, Indonesia, Austria, Zimbabwe, Germany, China, Canada, Portugal and Ireland also spoke.

Here are brief accounts on the positions taken up by different countries whose delegates made speeches. Denmark (on behalf of the EU) – the US resolution is moderate, balanced and reasonable. We welcome the text.

Pakistan – Sri Lanka should be given time. We should not be wasting Sri Lanka’s time deliberating matters here. There are more serious issues to be discussed. France – We strongly support the resolution. We would request the Council to consider the report of the UN Panel of Experts too.

Russia (A voting member of the UNHRC) – this is an external intervention into a sovereign nation. it is not acceptable or appropriate. Switzerland (A voting member) – We thank the United States for bringing this resolution. We completely agree with it. the resolution should be taken in the spirit in which it is being moved.

Norway (A voting member) – We welcome the resolution and support it. it is done in the spirit of consulting or engaging. Sri Lanka must understand that. China (A voting member) – We do not support country specific resolutions. the US has double standards.

Cuba – twenty years ago, there was a resolution against Cuba. Nothing happened. Special renditions using aircraft are also violations of human rights like those detained in the Guantanamo base. Hungary (A voting member) – We fully support the resolution. We are very concerned about the intimidation of NGOs that is continuing even today.

Poland (A voting member) – We are very satisfied with the full text of the resolution. Egypt – on behalf of the non Aligned Movement, we strongly oppose the resolution. Reads out a statement issued earlier by NAM in Geneva.

Sweden – the text is well balanced and appropriate. Australia – the resolution is reasonable and constructive. Thailand (A voting member) – the resolution is not necessary. it should not be moved. the Philippines (A voting member) – We support the position taken up by the non Aligned Movement. Sri Lanka should be given time. We do not support the resolution.

the United Kingdom – the resolution is timely and constructive. Even the report of the UN Panel of Experts should be considered. Algeria – Sri Lanka must be given time. the resolution should not be rushed. the government process should be allowed to work.

Indonesia (A voting member) – Sri Lanka should be given time. the domestic process in motion should be allowed to work. Austria (A voting member) – it is unfortunate Sri Lanka is not wanting to be engaged with the international community. Zimbabwe – We support the NAM position. it is very unfair to bring this resolution.

Germany -The resolution is important and sustainable. Portugal – We welcome the resolution. A comparison of the first draft and the final text of the resolution discussed at the ‘informal consultation,’ lays bare some important changes and the significant nuances underscoring them. the montage on this page gives the deletions and additions made to the draft.

Whilst the first four paragraphs have been retained, some of the strong language used in the draft has been omitted from the final text. the words "expressing concern," has been replaced in the final text with "noting with concern" and goes on to add that "the Lessons Learnt and Reconciliation Commission report does not adequately address serious allegations of violations of international law." Omitted are the words that come thereafter: "and expressing serious disappointment that the Government of Sri Lanka has not fulfilled its relevant legal obligations and stated commitment to initiate credible and independent investigations and prosecution of those responsible for such violations."

the change no doubt is the result of consultations with member countries of the UNHRC which have sought some form of moderation in return for their support. in this regard, there are more deletions. One is the call in the original draft for Sri Lanka whilst implementing LLRC recommendations" additionally to take immediate steps to fulfil its relevant obligations and stated commitment to address serious violations of international law by initiating credible and independent investigations and prosecution of those responsible for such violations."

Instead, a milder re-worded paragraph adds that the government should "….. take all necessary additional steps to fulfil its relevant legal obligations and commitment to credible and independent actions to ensure justice, equity, accountability and reconciliation for all Sri Lankans." also deleted is a request for the "Government of Sri Lanka to present a comprehensive action plan before the 20th session of the Human Rights Council detailing the steps the Government has taken and will take to implement the LLRC recommendations …."

However, the sting for Sri Lanka is in the tail or the final paragraph of the official text of the resolution. first to the last few lines in the draft which said it "Encourages the Office of the High Commissioner for Human Rights and the relevant special mandate holders to provide, and the Government of Sri Lanka to accept, advice and technical assistance on implementing those steps." the reference to "mandate holders" has been deleted. Now to the penultimate paragraph in the official text:

"Encourages the Office of the High Commissioner for Human Rights and relevant special procedures to provide, and the Government of Sri Lanka to accept, advice and technical assistance on implementing those steps and requests the Office of the High Commissioner for Human Rights to present a report to the Council on the provision of such assistance at its 22nd session."

in essence, the final official text of the resolution has taken away what appears as strictures on the government of Sri Lanka. the most significant factor, if the resolution is approved, is empowering the Office of the High Commissioner for Human Rights to offer advice to the government and report back to the Council in March next year, or in just one year’s time, when the 22nd sessions will be held. in other words, it is the Office of the UN High Commissioner for Human Rights that will serve as a monitoring agency to ensure (a) the government of Sri Lanka carries out the subject matters spelt out in the resolution, and (b) report its progress to the Council. Thus, the UN High Commissioner for Human Rights will be mandated to oversee that the Government of Sri Lanka enforces the UN resolution by implementing recommendations of the LLRC and addressing other issues.

the US-backed resolution clearly underscores some key factors. Main among them, if the resolution is passed, is the reluctance to accept Sri Lanka’s plea that many recommendations of the LLRC have been or are being implemented. Sri Lanka delegation leader Mahinda Samarasinghe, who spoke at the ‘high level segment’ of the Council, detailed out the measures taken and appealed to the UNHRC not to go ahead with the resolution.

He wanted time for the government to implement the many other recommendations. on the other hand, some of the movers could argue, the US has done just that by calling upon the government to implement LLRC recommendations and given time till the UNHRC sessions in Geneva in March next year for that purpose. they could also argue that the Office of the UN High Commissioner for Human Rights has been tasked purely to monitor the commitments made.

Yet, as pointed out in these columns last week, the issues centre on questions of credibility. Even if Minister Samarasinghe has addressed all the issues centring on the LLRC recommendations in the speech he made, by passing a resolution, the US and its allies want to bind the government to a supervisory commitment under the UN Human Rights Council.

There was a significant development in this regard in Sri Lanka this week. it was a breakfast meeting President Mahinda Rajapaksa had with the United States Ambassador Patricia Butenis. it was at the President’s House in Kandy. the Sunday Times learnt that the meeting has been lined up on the "strict understanding" that the US-backed resolution would not be a subject of discussion.

At first, there was a one-on-one meeting between Rajapaksa and Butenis. it later extended to the breakfast table where some politicians and officials were present. according to authoritative official sources, Butenis asked Rajapaksa to take advantage of what the United States would like to see taking place. She said the government should evolve an action plan, both long term and short term to address issues dealt with in the LLRC report. Matters related to missing persons as well as the government’s dialogue with the Tamil National Alliance (TNA) also figured in the discussion. "the dialogue was very cordial and the atmosphere at breakfast was friendly," these sources added.

the message during the meeting further underscores a reality — the government’s assurances made to the Council by Minister Samarasinghe have not been totally accepted by the United States and its allies. Not surprisingly when the entire exercise of handling the UNHRC sessions appears to be a mega blunder. Sri Lanka did not field delegations, since the US announcement of a resolution in February, to cover Western Europe, Latin America and other important countries like Canada, France and the United Kingdom.

Nor did External Affairs Minister, G.L.Peiris, heed the invitation extended to him by US Secretary of State, Ms Hillary Clinton to visit Washington DC this month. Making matters worse was a remark by Minister Samarasinghe, repeatedly broadcast by radio stations in Sri Lanka, that India was backing Sri Lanka ‘one hundred per cent.’ the voice cuts were played repeatedly and infuriated politicians in Tamil Nadu. Setting aside their differences, governing and opposition parties in the state appealed to Prime Minister Manmohan Singh not to back Sri Lanka. Since then, Tamil Nadu Chief Minister Jeyaram Jeyalalitha has been stepping up criticism making public remarks on Sri Lanka. just this week, she opposed Sri Lankan VIPs visiting her state without the centre informing them of such visits.

if these factors weigh heavily on the failure in the conduct of Sri Lanka’s foreign policy, it is made worse by the absence of "experienced officials" in the delegation to Geneva. the vast majority of the 52-member delegation was neither briefed nor had a proper, co-ordinated strategy. Hence, it became only an all-expenses paid junket for most of them. Added to it were the contradictory remarks made by Minister G.L. Peiris and delegation leader Minister Samarasinghe.

Making the situation even worse are the tours undertaken by Minister Peiris and the statements drafted by him and released by his Ministry. There is a complete disconnect between what is said in these ‘news releases’ and what has been going on at the UNHRC in Geneva or the government’s objectives. their importance seems to be lost on the man who is tasked with conducting the nation’s foreign policy. Peiris, who was on his African safari, last week was to highlight this deficiency once more.

He toured Nigeria, Botswana and South Africa. Whilst the first two countries are voting members of the UNHRC, South Africa is not. in all three visits, Peiris was to write his own media statements and send them for distribution in Colombo through the Ministry of External Affairs. none of them reflected Sri Lanka’s appeal for help from those countries to either thwart the US-backed resolution or deal directly with the subject. in Nigeria, Peiris said of himself, "Professor Peiris observed that the developing world has a particular interest in ensuring that organs of the United Nations system, such as the Human Rights Council, are not politicized, in the sense that they become instruments for giving effect to decisions made by power blocs for political reasons….."

Peiris said in Botswana’s capital, Gabarone, on Friday, he declared "there is a time, a place and a method for intervention by the Human Rights Council in the affairs of individual States, and what is distressing about the current initiative in respect of Sri Lanka is its highly selective and discriminating character.

A week before he headed for Botswana, their Defence, Justice and Security Minister Dikggamatso Nseretse told the ‘high level segment’ of the UNHRC "I have no doubt in my mind that UNHRC will agree with me that impunity is unjustifiable. Therefore, it is within this realm that all those responsible for committing atrocities and serious violations of human rights, in any part of the world, must account and be accountable.

"in this regard, we welcome the decision by this council at its last sessions in September last year to establish a mandate of a Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. We urge all states emerging from internal conflicts to work with this Special Rapporteur. this would assist in ensuring that the policies and measures they put in place to address gross human rights and international humanitarian law violations, are able to prevent the recurrence of crisis and future violations of human rights. it would also assist in ensuring social cohesion, nation building, ownership and inclusiveness at the national and local levels, as well as to promote a meaningful process of reconciliation…."

Nseretse was representing Botswana at the UNHCR. though not making a pointed reference to Sri Lanka, his remarks are clearly relevant. if Peiris did raise these issues during talks with his Botswana counterpart, Phandu Skelemani, there was no mention in his own news release. the most striking was Peiris’ own ‘news release’ giving details of the South Africa visit. References to what was at issue were not contained in what he wrote and had the EAM distribute. However, in marked contrast his South African counterpart, Maite Nkoana-Mashabane, Minister of International Relations and Co-operation, set out a different story in an official news release. Appearing in a box story on this page is Peiris’ own account followed by the one issued by his South African counterpart. the two show how Peiris hides the fact that South Africa has raised issues relating to accountability and the need to implement recommendations of the LLRC.

according to reports from Geneva, the resolution on Sri Lanka is to be taken up for debate by the Council on March 21 or 22, just before the on-going 19th sessions conclude on March 23. No matter how the prestige battle would end, it will be the beginning of a new chapter for Sri Lanka. the three-tiered approach – External Affairs Minister Peiris taking a tough line with the international community, Sri Lanka delegation leader Minister Samarasinghe taking a soft one at the UNHRC and the government in Colombo adopting a third dimension – encouraging more protests against the west, most of them supervised by government politicians – will all have their impact.

Yet, before long, the fact that Sri Lanka needs to adopt a cohesive foreign policy on which all ministers and officials in the government could work singularly to enforce it, would become imperative. Painting all adversaries black and name calling will not help since the UNHRC is not a village fair. whether the resolution is adopted or not, that is the lesson for Sri Lanka.

Peiris in Pretoria: different statements on one meeting

Following a visit to South Africa last week, External Affairs Minister G.L. Peiris, drafted his own statement. it was later distributed by his Ministry.

if his counterpart raised some critical issues relating to Sri Lanka and the on-going UN Human Rights Council sessions, they were missing in his own account. first to Peiris’ own statement:

"A wide range of experiences with regard to challenges in respect of nation building, shared by Sri Lanka and South Africa, serves as a strong foundation for informed dialogue on these issues. the insights deriving from this common experience make close collaboration between the two countries all the more valuable, Professor G.L.Peiris,Minister of External Affairs, said in Pretoria, South Africa on Monday.

"He was participating in bilateral discussions with Ms. Maite Nkoana-Mashabane, Minister of International Relations and Co-operation of the Republic of South Africa. among the officials present were mr. Shehan Ratnavale, High Commissioner of Sri Lanka in South Africa and mr. Geoffrey Quinton Doidge, High Commissioner of South Africa in SriLanka.

"Referring to the inspiring leadership of former President Nelson Mandela, Prof. Peiris said that a salient feature of the structures he had put in place was their home-grown quality, in many fundamental respects. Although not hesitating to draw on positive experiences from other cultures, as Mandela has explained in his fascinating autobiography, Long Walk to Freedom, he considered it vital to adapt these experiences to suit the unique context of the South African situation. the result was a model containing features which hardly bear comparison with any other set of constitutional or political arrangements, the Minister said. "Similarly, it is Sri Lanka’s earnest effort, after the defeat of terrorism, to develop in an inclusive spirit structures fulfilling the special needs of our society, he explained. the Minister continued that, while collaboration on the basis of equality and mutual respect is always welcome, Sri Lanka does not consider helpful patronizing attitudes leading to attempts at external intervention.

"Prof. Peiris drew attention to yet another prominent characteristic of the South African experience, with special value to Sri Lanka: namely, the deliberate decision to dispense with external mediation or facilitation in any form, and to rely instead on local creativity and resourcefulness. He recalled the observation made to him many years ago by mr. Roelf Meyer, the chief negotiator with the African National Congress and the Minister of Defence in the Government of former South African President F.W. de Klerk, that this decision was based on the conviction — strongly held by both sides — that no external actor could possibly have the intensity of commitment of the South African people collectively, to find a solution which is equitable and would stand the test of time. this belief is amply vindicated by Sri Lanka’s own experience, the Minister observed.

"Minister Peiris warmly welcomed the dynamic role now being played by South Africa, as a rising economic power, not only in African affairs but also in the global arena. South Africa’s expanded role in international diplomacy significantly facilitates giving effect to the value systems which both Sri Lanka and South Africa hold to be sacred, he commented. He recalled that these values had been articulated with deep conviction by the representatives of both countries most recently at the Commonwealth Heads of Government meeting in Perth, Western Australia, which was attended by President Mahinda Rajapaksa and President Jacob Zuma.

"Prof. Peiris, in his discussions with his South African counterpart, made reference to his intimate connection with South African academic and political life, going back several decades. After the completion of his doctoral thesis at the University of Oxford on avenues of development of the Roman-Dutch Law in Sri Lanka and South Africa, he had accepted with pleasure the invitation extended to him by leading South African Universities including the University of the Witwatersrand and the University of Cape Town to deliver a series of lectures. He recalled, as well, his association with the late mr. Dulla Omar, Minister of Justice in the Mandela administration, and with mr. Valli Moosa, at that time Minister of Constitutional Affairs.

"the Minister of International Relations and Co-operation of South Africa hosted a lunch in honour of the visiting Sri Lankan Foreign Minister.

"Prof. Peiris also had bilateral discussions with mr. Ebrahim Ismail Ebrahim, South Africa’s Deputy Minister of Foreign Affairs, with special responsibility for the subject in the African National Congress. during a recent visit by mr. Ebrahim to Sri Lanka, Prof. Peiris had a bilateral meeting with him in the Ministry of External Affairs and also arranged a roundtable discussion in which a number of political personalities, academics, professionals and members of civil society took part.

"the bilateral discussions in Pretoria between the two Foreign Ministers also touched on a variety of topics including expansion of the tea trade, investment promotion, co-operation in science and technology, environmental protection and enhancement, projects in the sphere of education and the possibility of direct flights between Colombo and Johannesburg."

Here is the full text of the official statement issued by South Africa’s Ministry of International Relations and Co-operation after the Peiris visit:

"the Minister of International Relations and Cooperation, Ms Maite Nkoana-Mashabane, hosted her counterpart from Sri Lanka, Professor Gamini Lakshman Peiris, Minister of External Affairs, for bilateral discussions on 05 March 2012.

"Minister Peiris briefed the South African Government on plans to implement the recommendations of the Sri Lankan Lessons Learnt and Reconciliation Commission relating to human rights, the return and resettlement of displaced communities, restitution and compensatory relief for the affected people, and post-conflict reconstruction and nation-building.

"South Africa believes in the need for a peaceful and sustainable political solution, which will be best achieved through broad consultation and inclusive dialogue amongst all the peoples of Sri Lanka. "Both sides agreed on the need to grasp the opportunity to finally settle the conflict in Sri Lanka, including the speedy implementation of the LLRC Report, as well as the setting up of an impartial, inclusive and transparent mechanism to deal decisively with questions of accountability and justice.

"South Africa continues to encourage the Government of Sri Lanka to implement the recommendations of the LLRC Report in the same spirit as South Africa implemented the TRC processes. "South Africa stands ready to assist and share with the Government and people of Sri Lanka its experiences in terms of nation-building through the TRC.

"in addition to paying a courtesy call on President Jacob Zuma, Minister Peiris also visited the Constitutional Court in Johannesburg."

SL must learn right lessons from Geneva

• Simone Farrow charged with importing drugs
• Doctor remortgages home to secure bail
• Model fails to show at court, goes on the run

A SYDNEY swimsuit model charged with importing drugs is on the run from police – risking $150,000 in bail pledges by a top barrister and a flamboyant doctor.

A NSW Supreme Court judge issued an arrest warrant for former Penthouse Pet and Ed Hardy beach babe Simone Farrow on Tuesday after she skipped bail and failed to appear at two court appearances last month.

GALLERY: Former Penthouse Pet Simone Farrow (aka Starr)

The Sunday Telegraph has learned that Farrow, voted one of FHM magazine’s "sexiest women in the world", is facing charges of importing a "marketable" quantity of ice into Australia after she was arrested in a 2009 sting by the Australian Federal Police.

Also known as Simone Starr, the tattooed 37-year-old was released on bail after Sydney barrister Anthony Renshaw and doctor Joseph Grech agreed to forfeit $150,000 as security, the court heard.She had been staying at an apartment where the barrister, who pledged $50,000, resides on Ocean Ave, Double Bay, as part of her bail conditions, the court heard.

Dr Grech, who relocated to Coffs Harbour last year, put up $100,000, the court heard.

Farrow’s bail conditions were later altered to allow her to live at Dr Grech’s Paddington unit, and the court heard that Grech re-mortgaged the property to secure the bail money.The judge issued a warrant for her arrest on Tuesday, four days after she failed to appear at a bail hearing in the Supreme Court for allegedly breaching her bail conditions.

The model allegedly provided a forged medical certificate to Rose Bay Police after she failed to report to the station as stipulated in her bail conditions, the court heard.

The court was told Farrow had been "seeking medical treatment" and had checked in to a hospital that day.

When police and her legal team could not find Farrow that afternoon, Justice Stephen Rothman gave them until Tuesday to find her.

With the model still missing on Tuesday, the judge issued a warrant for her arrest.

Mr Renshaw, an insurance, negligence and building and construction law specialist who has an office in Martin Place, agreed to hand over $50,000 surety if Farrow ever fled.

But in a personal courtroom plea to Justice Rothman, he asked to withdraw his bail offer."It’s the first time I have provided surety … I’m extremely embarrassed," mr Renshaw told the court.

Agreeing to the request, Justice Rothman said to the barrister: "once bitten, twice shy".Dr Grech told The Sunday Telegraph he was waiting to find out whether he would lose his $100,000.

"I’m speaking to police and I’m a little bit concerned," Dr Grech said.

The doctor said he had known Farrow since she was 15 years old but said he had not seen her for nine months.

"I consider it to be a major betrayal of trust," he said.

When contacted, mr Renshaw said he "couldn’t ethically comment".

How a top lawyer and doctor were stung by on-the-run bikini babe Simone Starr

While angel tattoos are quite popular with females, an increasing amount of men have also used the angel as part of a design that usually signifies loss or pays tribute to another. in women, the angel is often seen innocently sitting on a cloud, playing harps, or serving as a guardian watching over their every move. Depending on the meaning of this type of tattoo, an angel is also used to illustrate retaliation and revenge, as seen in the avenging angel.

Angels are seen as spiritual beings that are thought to possess a level of power that humans do not have access to. Some people believe that angels are the spirits of humans that are highly evolved. the history of the angel starts with the Bible, where the general sense is that these creatures represent the will of God or carries out God’s work. while angels are known as guardians of the soul or divine beings, they have also been associated with falling victim to sin – as seen in the case of the fallen angel named Satan.

Throughout history, the meaning that angels represent and their appearance have changed over the years. a tattoo artist may create an angel surrounded by light, shrouded in a white robe, beautiful and alluring, with elaborate wings, or shown as a human. One of the most popular tattoo designs is the guardian angel, which has originated from the Catholic faith.

When looking for an angel tattoo, the meanings and designs are never-ending. in regards to the religious or spiritual sense, angel tattoos may highlight a belief in the Christian, Islamic, or Judaic faith – all of which make reference to angels. Some designs use angels to represent love, as these virtuous creatures are also depicted as the messenger of love. a popular angel used in tattoos is Cupid, who is known to shoot an arrow through the hearts of people, which leads to instantaneous love.

Another popular approach towards using angels in tattoos is to illustrate the struggle between good and evil. Archangels, fallen angels, and the contrast between the angel and Devil are frequently selected subjects for a tattoo design, which often appear on the upper arm, chest, shoulder, stomach, inner wrist, and foot.

Angel Tattoos

Illustration: Kerrie Leishman

In a world not too far away, cheap GPs and lawyers online in Asia could take on Western professionals on their turf.

Retailers were the first to feel the sting of the internet. but they got no sympathy. People said they were ripping us off and they had it coming. a natural enough response. when a new supplier gives you something at a fraction of the price the old supplier was asking, the old supplier becomes a crook who deserves an ugly comeuppance. Look at this $80 pair of Aviators I bought online. Don’t they prove the iniquity of Australian retailers?

Judged by the same formula (that someone will do it cheaper), architects have been ripping us off as well. And doctors are holding us to ransom at $70 a consultation. Years ago, teachers went and got themselves unionised just so they could screw us. Screw them. Lawyers have fattened themselves on our pain. Accountants? We must not trouble ourselves over the extinction of the Australian accountant – he was a luncher whose figures became approximate in the afternoon.

Yes, a purging of the professions is about to hit Australia, the like of which we haven’t seen since Pol Pot drove the educated classes from Phnom Penh in order to take that capital city back to year zero. our thinkers, people with degrees and diplomas, who had regarded themselves safe from scab labour and looked on picket lines as performance art are, without knowing it, sliding from a cozy, home-grown talent pool into a global market containing millions upon millions of breadline professionals.

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Recently the billionaires of the Pilbara, Gina and Twiggy, and their fan clubs in the east, proposed a ”northern economic zone” so they might fly in serfs to dig for them because employing Australians was allowing an infuriating amount of revenue to slip through their fingers to the Australian people.

It is coming, this importation of labour. It is unstoppable. but it isn’t the cheap muscle Gina dreams of. And it won’t be flown in on jets. It is a workforce of cut-price specialists arriving on the net.

Capital hunts cheap labour. a simple rule that explains why your TV is made in China. And explains, too, why you’ll soon get your diagnosis and your last will and testament there. The internet has freed up your money to hunt for professional services in the rock-bottom arse-out-of-our-pants parts of the globe it once couldn’t reach. It has drained the oceans and razed the mountains and shrunk the deserts and obliterated the economic and political boundaries that once kept us apart. Uganda is a neighbour now. Mexico sits next to you on the train.

Professionals were once considered to be an indispensable part of every Australian community. every town had to have its lawyer and its GP. They were admirable figures and community pillars who quoted Latin at barbecues.

The working man and woman in Australia, on the other hand, were not so indispensable – they lived in fear of coolies. Miners were chasing Chinese off the diggings back in the gold rush. Shearers then took up the cudgel to keep them off sheep stations. Because anyone with a spine and a kelpie’s IQ could replace a working man and employment was thus easily filched. but it turns out we actually need someone on the ground who can shear a sheep, repair a car, dig a gutter, taser a drunk. It turns out offshore labour can only take so many jobs.

It is work of the mind that has, ironically, become far more susceptible to cheap import than common labour.

Virtually any thought-work can be imported now. Here is a day taken from your life in a year not too far from this one when your capital, hunting, hunting, hunting, has finally found cheap labour.

Your alarm wakes you at 6am and you lie in bed listening to the sensational shock jock Sachin Bedi, who has read today’s Australian papers online to form his opinions. He has never set foot in Oz, he lives in Mumbai, but only occasionally does a hint of Indian accent mar his Strine. (George Donikian reads the news in Adelaide while living in Melbourne. Shhh … Adelaide doesn’t know.) The kid is a radio star, sharp and provocative, he lashes the government and loves football (streamed on the web) and has developed an empathy for the Aussie battler … and costs the station $5000 a year, no super, no insurance, no parking space.

Your daughter Roberta isn’t feeling well, so after breakfast you take her to the doctor … online, in your living room. in a FaceTime interview you describe Roberta’s symptoms to a doctor, Xiang Lee, as she lays her hand on your home laptop, which reads her vital signs and takes her temperature and delivers the information to him. Xiang, who has a doctorate of medicine from Shanghai University and is currently in that city, diagnoses a mild flu and writes and emails a script for an antiviral medication, which you print off and take to the chemist on the way to school. his consulting fee is $3.50. You liked and trusted your old doctor before the extent of his chicanery was revealed by Xiang’s $3.50 invoice.

You drop Roberta at school, where she is greeted in class, on a large screen in live time by her teacher, the holder of a diploma of education achieved online from the University of Newcastle. The admirable Indira Patel is teaching out of Kolkata at an hourly rate of $2.50. You feel good knowing Patel’s life has been transformed by this job teaching at one of your city’s better schools. School fees actually fell last year, for the first time ever. And Patel’s never heard of penalty rates, never has a curriculum day and if she ever has a sickie the school has an option to hit the retrench button and send her back to the slum and summon a more committed replacement.

You arrive at your small carpet and rug importing business to find the monthly accounts have been done overnight and are waiting on your computer for you to sign. They bear the logo of Chowdhury Bros Accountants, Dhaka, Bangladesh. their bill for doing your accounts is $33. You’d been paying $2500 but Chowdhury Bros is unlikely to send a Christmas hamper containing Krug.

At 10am you are due in the Magistrates Court to appeal a ridiculous fraud conviction for selling a load of fake antique Persian rugs to a big department store. The court is no longer haunted by the whiff of lavender hair oil because you have sacked your old barrister (soon to be barista) Bernie Mackinernie, who wore his $10,000-a-day fee as proudly as a Masai warrior wears a lion skin. He has been replaced in the courtroom by a hologram of Xiang Wu. Xiang is 32 and operates out of a bedsit in Beijing (sans wig) and makes crisper arguments than Mackinernie did for less than the price of his lunchtime bottle.

The Australian law society doesn’t recognise Xiang’s law degree. so he’s non-union labour, as it were. but so what? He is painfully well-versed in Australian criminal law and, unlike Mackinernie, a blizzard of bills is not launched from beneath his gown every time he pirouettes for the jury.

The guilty verdict is overturned. three cheers and $50 for Xiang. now it’s straight back to the office. The plans for your house renovation have arrived. Whacko. an upstairs balcony with a black marble spa and the ensuite looks like something out of Lifestyles of the Rich and Famous. (And is.) Working on sketches and an absolutely must-have list drawn up by you and your husband, Singh and Dravid Architects of Delhi have designed and detailed the very dream you dreamt. And why not? these people have an unparalleled history of grand design. Wow, though. They’re getting quite pricey at $200. maybe an Indonesian firm for the beach house.

What profession can’t be sent offshore? a sharp young lady in Jakarta would edit these words and compose this page for next to nix and raise herself from the gutter doing it. Her colleague across the desk might happily write the words at a rate that would starve me.

Australian workers have a proud history of fighting for their jobs. when the waterside workers were locked out and sacked in the late 1990s they picketed the docks until the dispute became a sort of civil war and the story a national fixation. Eventually, though the Maritime Union of Australia beat Patrick and the Howard government in the High Court, the workforce was diminished and tamed. but not without blood and barristers. not without a feisty rearguard action, ending with a fatalistic acknowledgement in the pubs of the ports that we have at least halved the game, once again, with advancing technology and bloated plutocrats.

And now the barristers who fought that battle will be trying, somehow, to halve their own game with the millions of educated and impoverished online who can sling an argument and navigate the law. Who could have foreseen such a thing?

How will our professionals picket against these breadline graduates? What cudgel can they use to beat back the ”scab” labour on offer at the click of a mouse? The law won’t do it. You can’t legislate against people buying expert advice and specialist thought online at one-50th of the cost of getting it in Australia. a tariff, or any other barrier to entry, will only drive it underground and create a black market. an architectural practice or law firm will be fronted by a few smiling faces in Oz and the grunt work done in Kenya and Indonesia. this is money hunting cheap labour. nothing can call it off.

There will be no brouhaha over the demise of Australian professionals. no feisty rearguard action. no blood. no barristers. The drift is too natural. too individual. too invisible. a movement that consists of a million small decisions made right here in Australia. Careers will just turn off, one by one, without fanfare, the same way a city goes dark at night. not a compelling spectacle. a point of light dies in Sydney and reignites in Kolkata.

It can’t even be argued that this is a tragedy. The teaching job exported to Indira Patel of Kolkata will end more suffering and create more happiness for more people in that distant city than it ever did here. And who can begrudge the export of happiness to those who have seen it least and need it most? so, not a tragedy. just a sad Australian story.

Anson Cameron is a novelist.

www.yourjob.gone

A criminal investigator employed by Wal-Mart. a Harford County Public Library children’s librarian. the head coach of the Fallston High School boys soccer team, and one of his former students. a veterinary technician originally from Australia. the sheriff’s wife. And two Dagger contributors.

These local residents were among the 36 participants in the 18th class of the Harford County Sheriff’s Office’s Citizens Police Academy, which kicked off Tuesday night at the agency’s Northern Precinct in Jarrettsville.

The eclectic group consisted of 20 men and 16 women spanning virtually all adult age groups and professions, and hailed from every corner of the county. but in introductions to the group, each expressed a desire to learn more about the Harford County Sheriff’s Office’s practices, standards and practices.

In the course of 15 sessions this spring, they—-along with Dagger contributing editor Aaron Cahall and entertainment writer mark Elloff—-will receive an education in the various police operations of one of the state’s largest county police agencies. the schedule includes a look inside the Harford County Detention Center, a trip to the Sheriff’s Office Broadcreek Firearms Range, and a tour of the new Southern Precinct as well as presentations about the HCSO’s various bureaus and divisions.

The academy began with a lecture on the history and fundamentals of the agency presented by Sheriff Jesse Bane, followed by an outline of its organizational structure presented by Major Dale Stonesifer.

Among the information presented:

–Bane said some historical research indicates the judicial role of the sheriff stretches back to Saxon England in the early 10th century. but he added that the job may have been around much longer than that, before opening a Bible and reading from Daniel 3:2:

“Then Nebuchadnezzar the king sent to gather together the princes, the governors, and the captains, the judges, the treasurers, the counsellors, the sheriffs, and all the rulers of the provinces, to come to the dedication of the image which Nebuchadnezzar the king had set up.” (American King James Version)

–the first local jail, Bane said, in the original county seat of Bushtown was in the basement of a building in the area. “The first floor was a bar,” Bane said. “And I won’t go into what happened on the second floor.” he added later that, early in his career, he once met a man who claimed to be Henry Harford VIII, a descendant of the man for which the county is named.

–Great trivia question: according to common law, Bane said there was only one local official with the power to arrest the sheriff.

“His wife?” one class member quipped.

“Sometimes I think she has that power,” Bane replied, drawing a laugh in the back row of the classroom from his wife, Lou Ann, who is participating in the academy this year. after years of hearing about the program from her husband, Lou Ann said she decided to check it out, and sat with two other women whose husbands had likewise been members of the agency.

So who can arrest the sheriff? It’s not the state’s attorney, nor the governor, nor the state police. It’s the county coroner.

Though no individual currently holds that position, Stonesifer said later, under modern law the sheriff can be the subject of charging documents and be arrested in the same way as any member of the public.

–the new expansion of the Harford County Detention Center only recently began handling its first inmates, but Bane warned that the facility is projected to reach capacity by 2020 and there is no way to further expand it outward on the existing parcel of land.

He said it could be possible to expand upward, and add levels to part of the existing facility. but that could not be done while inmates occupied that section, meaning construction would have to begin in the very near future. Bane said that there’s no money to do so at the moment, and that the public could be hesitant to approve a further expansion to the jail “when the one you just built isn’t even full yet.”

The alternative, he said, would be to construct a new facility elsewhere in county—a proposition that would almost certainly trigger a heated debate.

“Lord have mercy on whoever the sheriff, county executive and county council is when it comes time to decide where to put the new jail,” he said.

–According to numbers Bane presented, as of July 1, 2011, the starting salaries of a new, certified Harford County Sheriff’s Office law enforcement recruit was $42,973 per year, while a corrections recruit started at $39,166. an individual obtaining a lateral transfer into a law enforcement position with the HCSO from another agency would make between $45,365 to $57,429 per year, while a corrections officer “lateralling” into the agency would make between $40,206 to $50,918 per year.

However, Bane said the department has hired very few individuals transferring from another law enforcement agency “since the economic downturn began.”

Next week: Major Christina Presberry details the operations of her Police Services Bureau.

Harford County Sheriff’s Office Citizens Police Academy Week 1: Intro, History, and Organization

Just as land or property can be bought, sold, owned, licensed out or bequeathed to others, so can intellectual property or IP, even though it may be ‘intangible’ in the legal sense. It can be defined and have value, making it just as important to protect.

A company or individual must take steps to protect their intellectual property rights. without an IP protection strategy, a business may be at risk. Secrecy about IP is essential, until protection is in place. If IP becomes public knowledge, and the competition discovers the secret, they could patent it or otherwise protect it, before the originator. It may sound like stealing, but it does happen, legally.

IP may be considered valuable enough by businesses to be listed on their balance sheets as assets. therefore, it is highly important to protect IP not only as a valuable asset, but also to safeguard the creative inputs, processes and products behind that IP, so that the business is not jeopardised.

Register the IP

As the first step in a protection strategy, register the specific IP. Seven types of IP protection are available:

• Patents.
• Trade marks.
• Registered Designs.
• Plant Breeder Rights.
• Copyrights.
• Circuit Layout Rights.
• Trade Secrets/Confidentiality.

Different IP rights provide various forms of protection. in many cases, one may have to invoke more than a single type to protect the IP fully. Patent of an IP is usually done through an intellectual property lawyer and/or a patent attorney.

The patent attorney or the intellectual property lawyer will study the creation, and describe it in minute detail to distinguish it from other similar products. Hiring a patent or IP lawyer is similar to hiring a general lawyer. Be sure to cover international aspects – laws vary.

Demonstrate ownership and keep the IP secret

In the second step of the protection strategy, take specific steps to keep the IP a secret and know how to demonstrate ownership of the IP.

Employment agreements with staff should be explicit in that all rights in any work they do whilst in the employment reside completely with the employer. Addressing any work done in their free time is harder to make watertight, but should be considered.

Keeping the IP secret

Work on a ‘need to know’ basis. A signed non-disclosure or confidentiality agreement with anyone with whom the owner discusses the idea is a necessity. This should describe the idea/object and the details about the discloser and the person with whom the details are discussed. There should preferably be witnesses to the signing of the agreement. It is important to date the document to establish the time, and place of disclosure.

Demonstrating IP ownership

Write down the idea in detail – what it does and how it works. take detailed photographs of the prototype or make several sketches from various angles. the original documents can be copied and then sealed in a self-addressed envelope, which must be mailed back by registered mail. after receiving the envelope, be careful not to open it, and store it very safely. This will establish the evidence of the date, time and place of the original idea.

Check for infringement on another’s IP

Search websites to determine if there are other products of the same nature and application as yours. Searching saves time and money during the application for IP protection. If there are other similar products or ideas already covered by patent, or a trademark, some types of protection will not be available. most forms of IP protection can be challenged by competitors if there is any similarity to their own IP.

Intellectual Property Strategies to Protect Ideas and Know-How

Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour. Research indicates that workplace bullying is widespread and that it is more prevalent that harassment. What is also interesting is that in New South Wales there is no statutory definition of bullying. In point of fact Butterworths Australian Legal Dictionary is also mute on this point.

The Law Society of NSW has offered the following definition of bullying: “Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which intimidates, offends, degrades, insults or humiliates an employee possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour.” Importantly, employees have a duty under Occupational, Health and Safety laws to find out about bullying and take steps to prevent it. Under the NSW Occupational Health and Safety Act 2000 an employer has an obligation to ensure the health, safety and welfare of all employees and this extends to bullying.

Employers also have a duty to take reasonable care for the safety of their employees at work. Essentially bullying is repeated inappropriate behaviour directed against a person by one or a number of other employees in the course of employment which could reasonably be regarded as undermining an individual’s right to dignity at work.

Bullying BehaviourBullying behaviour is not only restricted to employees but it may involve anyone with whom employees of the business come into contact in the ordinary course of their employment whilst at work. Bullying may be active or passive, direct or indirect, physical or psychological but it does include:

• Unacceptable language and rudeness;
• Coercive behaviour directed against someone including their property;
• Unreasonable teasing;
• All forms of intimidating behaviour including physical assault or threats;
• Marginalising or ignoring someone;
• Any form of demeaning behaviour whether business or personal which serves to denigrate the individual being attacked;
• Abuses of authority.

What is not BullyingEmployers have the right to supervise, direct and control work and they have the responsibility to monitor workflow and gauge performance. They are entitled to set reasonable goals and standards including KPIs and deadlines which have to balanced against the responsibility to look after the health, safety and welfare of their workforce.

The Consequences of BullyingDifferent employees react differently. Bullying essentially may result in unwarranted stress, ill health, inability to make decision, incapacity to work, depression, physical injury and more. Wherever bullying occurs there is the potential for legal action. there is a body of law which is developing which suggests that an employee can sue his employer for a breach of an implied duty of trust and confidence. Bullying and harassment seems to fit squarely written this. Employers need to exercise care!

General Legal RequirementsLegislation, Australian Workplace Agreements, Certified Agreements, Industrial Awards and the Common Law cover the field. Primarily Industrial, Occupational Health and Safety and Anti- Discrimination Legislation applies to this area. In the latter bullying may sometimes involve harassment or discrimination where a person unreasonably picks on a personal characteristic such as race, sex, pregnancy, marital status, religious beliefs, disability or age which causes another to feel embarrassed, humiliated, offended or intimidated.

ActionBullying should never be tolerated under any circumstances. Employers can develop clear workplace guidelines, practices and policies to safeguard everyone. Reducing the risk of exposure to workplace bullying would assist employers to satisfy their general duty of care to protect themselves and their employees.Irrespective whether employer or employee where workplace bullying arises there is a legal exposure and the advice of an experienced employment lawyer needs to be secured.

Source

Employment Law – Workplace Bullying

Brain drain: ‘Virtually any thought-work can be imported now’.

A PURGING of the professions is about to hit Australia. Our thinkers, people with degrees and diplomas, who had regarded themselves safe from scab labour, and looked on picket lines as performance art are, without knowing it, sliding from a cosy, home-grown talent pool into a global market containing millions upon millions of breadline professionals.

Retailers were the first to feel the sting of the internet. But they got no sympathy. People said they were ripping us off and they had it coming. Judged by the same formula (that someone somewhere will supply whatever you need, only cheaper), architects have been ripping us off as well. And doctors are holding us to ransom at 70 bucks per consultation. Years ago teachers went and got themselves unionised just so they could screw us. Screw them. Lawyers have fattened themselves on our pain. Accountants? We must not trouble ourselves over the extinction of the Australian accountant; he was a luncher whose figures became approximate in the afternoon.

Recently the billionaires of the Pilbara, Gina and Twiggy, and their fan clubs in the east, proposed a special Northern Economic Zone so they might fly in serfs to dig for them because employing Australians was allowing an infuriating amount of revenue to slip through their fingers to the Australian people. It is coming, this importation of labour. It is unstoppable. But it isn’t the cheap muscle Gina dreams of. And it won’t be flown in on jets. It is a workforce of cut-price specialists arriving on the net.

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Capital hunts cheap labour. a simple rule that explains why your TV is made in China. And explains, too, why you’ll soon get your diagnosis and your last will and testament there. The internet has freed up your money to hunt for professional services in parts of the globe it once couldn’t reach. It has drained the oceans and razed the mountains and shrunk the deserts and obliterated the economic and political boundaries that once kept us apart. Uganda is a neighbour now. Mexico sits next to you on the tram.

Professionals were once considered an indispensable part of every Australian community. Every town had to have its lawyer and its GP. they were admirable figures and community pillars who quoted Latin at barbecues.

The working man and woman in Australia, on the other hand, were not so indispensable. Miners chased Chinese off the diggings back in the gold rush; shearers then took up the cudgel to keep them off sheep stations – because anyone with a spine and a kelpie’s IQ could replace a working man. But it turns out we do actually need someone on the ground here who can shear a sheep, repair a car, dig a gutter, Taser a drunk. Offshore labour can only take so many Australian jobs.

It is work of the mind that has, ironically, become far more susceptible to cheap import than common labour. The professions can be performed from afar. Often using a proxy. (A lowly Australian intern, operating under instruction, opens your gut to remove a tumour while a surgeon in Beijing presides and instructs via a video link, monitoring your vital signs on his laptop. The intern receives $100 an hour, and the Chinese surgeon $6.50 an hour. An Australian surgeon at $500 an hour would have cost $2000, so you’re $1574 ahead.)

Virtually any thought-work can be imported now. here is a day taken from your life in a year not too far away when your capital (hunting, hunting, hunting) has finally found cheap labour.

Your alarm wakes you at six and you lie in bed listening to the opinions of sensational shock jock Sachin Bedi who has read today’s Australian papers online to form his opinions about local matters. he lives in Mumbai, but only occasionally does a hint of Indian accent mar his Strine. The kid is a radio star, sharp and provocative, he lashes the government and loves football (streamed on the web) and has developed an empathy for the Aussie battler … and costs 3AW $5000 a year – no super, no insurance, no parking space. Au revoir, Neil Mitchell.

Your daughter Roberta isn’t feeling well, so after breakfast you take her to the doctor … online, in your living room. In a Facetime interview you describe Roberta’s symptoms to Dr Xiang Lee as your daughter lays her hand on your home laptop, which reads her vital signs and takes her temperature and delivers the information to him. Dr Lee, who has a doctorate of medicine from the University of Shanghai, and is currently in that city, diagnoses a mild flu and writes and emails a script for an antiviral medication, which you print off and take to the chemist en route to school. His consulting fee is $3.50.

You drop Roberta at school, where she is greeted in class, on a large screen in live-time by her teacher, the holder of a diploma of education achieved online from the University of Newcastle. The admirable Indira Patel is teaching out of Kolkata, at an hourly rate of $2.50. you feel good knowing Indira’s life has been transformed by this job teaching at one of Melbourne’s better schools. School fees actually fell last year, for the first time ever. And Indira has never heard of penalty rates, never has a curriculum day, and if she ever has a sickie the school has an option to hit the retrench button and summon a more committed replacement.

Having dropped Roberta off at school you arrive at your small carpet and rug importing business to find the monthly accounts have been done overnight and are waiting on your computer for you to sign. they bear the logo of Chowdhury Bros Accountants, Dhaka, Bangladesh. their bill for doing your accounts is $33. your chartered accountants in Collins Street have, until now, charged you $2500 for the same service.

At 10 o’clock you are due in the Magistrates Court to appeal a ridiculous fraud conviction for selling a load of fake antique Persian rugs to a major department store. The court is no longer haunted by the whiff of lavender hair oil, because you have sacked your old barrister (soon to be barista) Bernie Mackinernie, who wore his $10,000-a-day fee as proudly as a Masai warrior wears a lion skin. he has been replaced in the courtroom by a hologram of Xiang Wu. Xiang is 32 and operates out of a bedsit in Beijing (sans wig, sans lion skin) and makes crisper arguments than Bernie did for less than the price of Bernie’s lunchtime bottle.

The Australian Law Society doesn’t recognise Xiang’s law degree. So he’s non-union labour, as it were. But so what? he is painfully well versed in Australian criminal law and, unlike Bernie, a blizzard of bills is not launched from beneath his gown every time he pirouettes for the jury.

The guilty verdict is overturned. three cheers and $A50 for Xiang. now it’s straight back to the office. The plans for your house renovation have arrived. Whacko. An upstairs balcony with a black marble spa; and the en suite looks like something out of Lifestyles of the Rich and Famous. Working on sketches drawn up by you and your husband, Singh and Dravid Architects of new Delhi have designed and detailed the very dream you dreamt. And why not?

What profession can’t be sent offshore? a sharp young woman in Jakarta would edit these words and compose this page for next to nix. her colleague across the desk might happily write the words at a rate that would starve me.

Cheap workers used to undercut an incumbent, unionised workforce are called scab labour and met by picket lines and riots. But how will our professionals picket against these breadline graduates? what cudgel can they use to beat back the ”scab” labour on offer at the click of a mouse? The law won’t do it. you can’t legislate against people buying expert advice, and specialist thought online at a 50th the cost of getting it locally. a tariff, or any other barrier to entry for that matter, will only drive it underground and create a black market. An architectural practice or law firm will be fronted by a few smiling faces in Oz and the grunt work done in Kenya and Indonesia.

This is money hunting cheap labour. Nothing can call it off.

There will be no brouhaha over the demise of Australian professionals. No feisty rearguard action. No blood. No barristers. The drift is too natural. too individual. too invisible. a movement that consists of a million small decisions made right here in Australia. Careers will just turn off, one by one, without fanfare, the same way a city goes dark at night.

Not a compelling spectacle. a point of light dies in Fitzroy and reignites in Kolkata.

It can’t even be argued that this is a tragedy. The teaching job at Melbourne Girls Grammar that has been taken from Leonie Clemens of Taylors Lakes and exported to Indira Patel of Kolkata will end more suffering and create more happiness for more people in that distant city than it ever did here. And who can begrudge the export of happiness to those who have seen it least and need it most? So, not a tragedy. Just a sad Australian story.

Big fish getting caught by net