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"Lots of NDAs": Channel Nine could face class action

Channel Nine could face a class action over <a href="https://www.oversixty.com.au/finance/legal/damning-report-exposes-toxic-workplace-culture-at-channel-nine" target="_blank" rel="noopener">allegations of bullying</a>, sexual harassment and inappropriate conduct, according to one of Australia's leading employment lawyers Josh Bornstein. Bornstein told<a href="https://www.news.com.au/finance/business/media/channel-nine-could-face-class-action-over-allegations-of-bullying-sexual-harassment-and-inappropriate-conduct/news-story/7e7f5979007ae16ae81621e48e48acab" target="_blank" rel="noopener"> news.com.au</a> that a class action might be an option for men and women who were the victims of a "hostile workplace". “There is a provision of the Sex Discrimination Act that is relatively recent and was introduced as a result of the Respect At Work changes,” he said. “It is a new provision that says that it’s a breach of the Act for an employer to maintain a workplace that is hostile for women. “So in light of the report, which indicates widespread bullying, sexism, punishment, sexual harassment, and favouritism of male reporters over female reporters getting access to stories, there is at least the basis on which to start considering whether a class action could be brought.” Bornstein is the principal lawyer at Maurice Blackburn, a law firm that has won more than $4.3 billion in settlements for clients since their inception in 1998. “If the report is right, it’s systemic, which means many women have been impacted, and they’ve been subjected to an environment that’s hostile to them because of their gender, and if they’ve been harmed by that, a class action could give them some form of redress," he added. However, one of the complications would be the nondisclosure agreements some of the women may have signed before leaving the companies. “I’m aware there’s lots of NDA, particularly at Nine, and lots of releases as well. “A class action just requires a sufficiently large enough group of affected people who come together to lodge a case that says, ‘This is the sort of workplace environment we’ve been subjected to’. “They have to show that they’ve been subjected to the sorts of behaviours that are dealt with in the report and that or that adverse conduct was based on their gender, and then if they were able to show that the law had been breached, then compensation would be based on individual harm.” He added that in his opinion, while it might be better "for women to band together to pursue a collective case" it may be a bit more difficult as "there’s a fear that if you take on commercial networks, that’s the end of your career," which he said is a "well founded" fear. Image: FiledIMAGE / Shutterstock.com

Legal

Parents demand action after five-year-old son brutally attacked with golf club

William Brooks-Chiplin was playing in the front yard of his friend’s house in Tamworth, NSW on Thursday, when he was allegedly attacked with a golf club by another child. The five-year-old's face was extremely swollen and he was left dizzy and unable to move his jaw. “The people who came out and saw it thought he was gone. He didn’t make a sound, and he wasn’t moving,” his father, Kayleb Brooks, said. “My thought was he was going to die. No kid should ever experience that,” his mother, Marrisa Tisdell, added. His parents also said the young boy “is having nightmares, waking up and screaming in his sleep”. William is required to return to hospital for further scans to determine whether he has any hairline fractures or issues with his eyesight. NSW Police said they identified the 10-year-old accused of hitting William, and he had been given a warning under the Young Offenders Act, designed to provide an alternative process to court proceedings for children accused of crimes. For children aged between 10 and 14 years, the act is design in such way because, “a child cannot be held criminally responsible for their conduct because they don’t understand right or wrong”, according to Hugo Law Group’s Linday Stankovic. However, William's parents are calling for the government to change the age of criminal responsibility following the incident. “The kid pretty much just got a caution,” William's mum said. “(It’s) is unfair, because in the meantime he is suffering and nothing is being done about it,” his dad added. However, things aren't that simple as there are other concerns about the implication. Earlier this month, the Australian Human Rights Commissioner wrote to the NT government urging it to not lower the age of criminal responsibility from 12 to 10-years-old. “The younger a child comes into contact with the criminal justice system, the more likely they will go on to commit more serious and violent crimes," National Children’s Commissioner Anne Hollonds said. “Lowering the age of criminal responsibility to 10 years will not make communities safer, it will only see rates of child offending increase. “These are primary school age children, and harsh, punitive responses are not the answer. “ A recent report also found that more than three-quarters of children had mental health needs or cognitive disability, and 47 per cent had multiple diagnosed cognitive disabilities. Image: 7News

Legal

ACCC launches legal action against Coles and Woolworths

The Australian Competition and Consumer Commission (ACCC) has launched legal action against supermarket giants Woolworths and Coles. The ACCC alleges that they breached consumer law by misleading customers through fake discount pricing on hundreds of products. They also alleged that both companies had sold items at regular prices for up to six months, then increased the prices of those items by at least 15 per cent before placing them in the promotion. The ACCC alleges up to 266 products were involved in the fake discount pricing at Woolworths at different times over an estimated 20 month period, and 245 products for Coles over a 15 month period. “Following many years of marketing campaigns by Woolworths and Coles, Australian consumers have come to understand that the ‘Prices Dropped’ and ‘Down Down’ promotions relate to a sustained reduction in the regular prices of supermarket products,” ACCC chair Gina Cass-Gottlieb said. “However, in the case of these products we allege the new ‘Prices Dropped’ and ‘Down Down’ promotional prices were actually higher than, or the same as, the previous regular price.” Some of the Woolworths products reportedly included Tim Tams, Dolmio sauces, Doritos Salsa, Energizer batteries, Kellogg's cereals and more. For Coles, products reportedly included Arnott’s Shapes biscuits, Band-Aids and Cadbury chocolates amongst others. In a statement, Woolworths CEO Amanda Bardwell said they would carefully review the claims and engage with the ACCC on the matter. "Cost-of-living pressures remain a key issue for millions of Australians who shop with us every week,” she said. "Our customers are telling us they want us to work even harder to deliver meaningful value to them and it's important they can trust the value they see when shopping our stores. "Our Prices Dropped program was introduced to provide our customers with great everyday value on their favourite products. "We remain committed to offering many ways for customers to save at the checkout, including thousands of weekly specials, everyday low prices on household essentials, a great value own brand range and through our Everyday Rewards program." Coles said the allegations related to a period of significant cost inflation for the retailer. “Coles’ own costs were rising, which led to an increase in the retail price of many products,” it said. “Coles sought to strike an appropriate balance between managing the impact of cost price increases on retail prices and offering value to customers though the recommencement of promotional activity as soon as possible after the establishment of the new non-promotional prices.” CHOICE Director of Campaigns Rosie Thomas welcomed the ACCC's announcement and call for greater transparency in supermarket pricing. "We know … promotional labels at the major supermarkets often confuse shoppers and the frequent changes in prices make it difficult to tell whether there is a genuine discount or not," she said. The ACCC said it identified the conduct through consumer contacts and social media monitoring. "We're seeking a significant penalty," the ACCC chair said. "This is serious conduct that is of great concern to us, that affected many consumers with millions of products sold, subject to this practice." Image: ABC News

Legal

Edwina Bartholomew's classy call to action

As a regular on Sunrise, Edwina Bartholomew is used to sharing stories with Australians every morning. But recently, she shared something far more personal: a story about her own health. “I have cancer,” she revealed, <a href="https://www.oversixty.com.au/health/caring/sunrise-star-announces-cancer-diagnosis-live-on-air" target="_blank" rel="noopener">live on Seven's popular morning program</a>. The diagnosis? Chronic Myeloid Leukaemia (CML), a form of cancer she can manage with a daily tablet, giving her a good prognosis. But it's what she did next that was so classy and impressive. After the show went to air, Edwina <a href="https://7news.com.au/sunrise/sunrise-star-edwina-bartholomew-reveals-cancer-diagnosis-in-bid-to-make-sure-mums-put-health-first--c-15951518" target="_blank" rel="noopener">published a statement on 7News</a> that gave more detail on her circumstances, including how she came to discover her condition and why she chose to share the news the way she did. “It’s the luckiest unlucky thing to ever happen to me,” Edwina wrote, but her diagnosis also served as a wake-up call – one that she believes many other women, particularly mums, might need to hear. For Edwina, it all began with a decision many mothers know all too well: the choice to put everyone else’s needs first. "Although I’d been to the doctor for snotty noses and inexplicable toddler rashes many times, I hadn’t been to see a GP for myself since I was pregnant with my son – more than two years ago," she wrote. Sound familiar? As mums, it’s so easy to focus on the demands of children, work and home, while neglecting their own well-being. But Edwina’s story is a powerful reminder that sometimes, it’s not just about juggling it all – it’s about making time for yourself before life demands it. Her diagnosis came after a series of small but pivotal moments. She recalled how her four-year-old daughter, Molly, jumped on her, causing discomfort that made her realise she hadn’t truly focused on her own health in years. This led her to take the important step of scheduling a doctor’s appointment, where routine blood work revealed irregularities. Although a mammogram came back clear, the blood test results were anything but. From that moment, life changed in a whirlwind. Within days, Edwina was in hospital undergoing a bone marrow biopsy and starting treatment. But what’s perhaps most surprising – and relatable – is that, like so many mums, she almost didn’t make it to that crucial blood test. “It took me another month to pop into a pathology clinic," she wrote. "You know how it is; work to do, the house to clean, the laundry to do, the dinner to cook. I was busy.” That delay is something many women can relate to. They prioritise families, jobs and the never-ending to-do list, but at what cost? Edwina's story is a call to action for mums to stop delaying their own self-care. And she wanted to deliver that call to action in the strongest way possible; not through an interview, but through her own clear words. "I didn’t want to be interviewed and I didn’t want a sad photo of me here," she wrote. "That’s why you are reading my words, accompanied by a photo of my happy little family." “It was important to me to tell you my story because I suspect there are quite a few people out there suffering from a not-so-healthy dose of benign neglect, particularly mums like me," Edwina explained. "We often take care of everyone else in our family and forget to put on our own oxygen mask first.” Edwina’s words are a reminder that it’s essential to look after yourself – not as a last resort, but as a priority. Regular check-ups, preventative tests and simply listening to your body can make all the difference. The experience has clearly reshaped Edwina’s outlook on life. “What is clear from the past few months is that I need to dramatically change things,” she wrote. While she’ll still appear on Sunrise, she’s decided to cut back her work schedule, take breaks and spend more time with her family – genuinely focusing on her health and well-being. Her advice to other mums is clear: “If this sounds familiar to you, maybe it’s time to check in on your health as well.” This is a timely reminder that mums must take care of themselves first. As Edwina’s journey has shown, early detection and self-care are key. Make that appointment, get that check-up and take a moment to breathe. Your health is worth it – because if you don’t look after yourself, you can’t fully look after the ones you love. Images: Instagram

Caring

"I am a woman": Boxer launches legal action after gold medal win

Imane Khelif has filed an official complaint over online bullying and harassment she has been subject to throughout the course of the Paris Olympics. The Algerian boxer, who took home the gold medal in the women's competition, has been at the centre of a wave of abuse over her gender, with misinformation circulating over her gender. According to Khelif's lawyer Nabil Boudi, the gold medallist has filed a legal complaint in France for online harassment. “The boxer Imane Khelif has decided to begin a new fight, a fight for justice, dignity and honour,” Boudi said in a statement, saying Khelif had filed the complaint for “aggravated online harassment … to Paris prosecutors”. He added, “The investigation will determine who was behind this misogynist, racist and sexist campaign, but will also have to concern itself with those who fed the online lynching.” The “iniquitous harassment” the boxing champion had been subjected to would remain “the biggest stain on these Olympic Games”, said Boudi. On Saturday, Khelif emerged victorious in the women’s 66kg final against China’s Yang Liu in a unanimous points decision, having been the focus of intense scrutiny in the French capital for the duration of the Games. After her victory, Khelif said the gold medal she had won was the best response to her critics. Asked by reporters about the row over her eligibility, she said, “I am fully qualified to take part, I am a woman like any other. I was born a woman, lived a woman and competed as a woman.” Image credits: Ulrik Pedersen/CSM/Shutterstock Editorial

Legal

Sacked Seven reporter launches legal action

Veteran journalist Robert Ovadia has launched legal action against Channel Seven and its news boss Anthony De Ceglie after claiming he was unlawfully <a href="https://oversixty.com.au/finance/legal/veteran-seven-reporter-sacked-over-misconduct-allegations" target="_blank" rel="noopener">sacked</a>. The well-known news reporter was let go from the network on June 21st, following allegations of "inappropriate behaviour", with the alleged conduct reportedly including the exchange of messages with a female colleague four years ago. Seven management only became aware of the allegedly inappropriate exchange when it was reportedly brought to their attention by the ABC’s Four Corners program, which was working on an investigation into allegations of a toxic culture at Seven. Now, reports from The Australian claim the journalist lodged paperwork with the Fair Work Commission last month just days after being axed. Ovadia's lawyer John Laxon has confirmed to <a href="https://www.news.com.au/finance/business/media/veteran-journalist-robert-ovadia-takes-legal-action-against-seven/news-story/4ef1a259b51f72e35381eb1571c56d09" target="_blank" rel="noopener">news.com.au</a> that a general protections application has been lodged seeking orders of compensation for his dismissal, reinstatement to his job and pecuniary penalties. The reporter, who worked at Seven for 23 years, has previously said any suggestion of inappropriate behaviour was “false, malicious and will be defended”. A Seven spokesperson told The Australian it took “very seriously any allegations in relation to sexual harassment, bullying and other behaviours deemed to be inappropriate within the workplace”. “We take complaints seriously, manage them confidentially and deal with any breaches decisively.” Image credits: Seven

Legal

“The spirit of Australia”: Rival airlines' actions praised after Bonza collapse

Thousands of passengers were left stranded across the country when budget airline Bonza cancelled all their flights and announced that they have entered into voluntary administration. “Bonza has temporarily suspended services due to be operated today, as discussions are currently underway regarding the ongoing viability of the business,” CEO Tim Jordan said. “We apologise to our customers who are impacted by this and we are working as quickly as possible to determine a way forward that ensures there is ongoing competition in the Australian aviation market," he later told news.com.au. Rival airlines, including Jetstar, Qantas and Virgin have all stepped in to help passengers and staff affected by Bonza's sudden collapse. Jetstar and Virgin Australia sprung into action when one passenger, <a href="https://www.oversixty.com.au/travel/travel-trouble/not-good-enough-karl-takes-aim-at-airline-cancellation" target="_blank" rel="noopener">Tracy Hilbert</a>, revealed her devastation after her morning flight to Melbourne got cancelled on the day that she was planning to be with her family following her father's passing on Monday. The two airlines helped her get to her destination without charging her for a ticket. Jetstar, which is owned by Qantas, also released a statement on Tuesday and said: “We understand today’s news about Bonza will have a significant impact on many people’s travel plans.” “For Bonza customers who are due to travel today or who are stuck away from home, Jetstar and Qantas will assist by providing flights at no cost where there are seats available.” Qantas also released a statement offering employment support to staff affected by the budget airline's collapse. “We extend our thoughts to our aviation industry colleagues and their families – from pilots and cabin crew to flight planners and operations controllers,” it read. “If Bonza employees would like to discuss recruitment opportunities within Jetstar and Qantas, particularly in specialised fields which are unique to aviation, we’ve set up a dedicated page on the Jetstar careers website. “For any customers with a cancelled Bonza flight on a route we operate, to make sure you’re not further out of pocket, you can fly with us at no cost where we have seats available.” Virgin Australia also extended its hand to staff seeking employment, and offered support to any passengers stranded mid-journey with complimentary seats, where available. “When Bonza started in Australia, we welcomed its launch because competition makes us all better and benefits consumers. We are saddened to hear of Bonza’s current situation and the impacts on its people, customers and partners,” the statement read. “We will do what we can to support Bonza’s employees by prioritising them for any current and future roles at Virgin Australia, and encourage them to contact our careers team at recruitmentteam@virginaustralia.com if they wish.” The three airlines' responses have been applauded by the aviation industry and Aussies alike with many branding it “the spirit of Australia”. Image: Lachie Millard/ news.com.au

Domestic Travel

Funding for refugees has long been politicized − punitive action against UNRWA and Palestinians fits that pattern

<a href="https://theconversation.com/profiles/nicholas-r-micinski-207353">Nicholas R. Micinski</a>, <a href="https://theconversation.com/institutions/university-of-maine-2120">University of Maine</a> and <a href="https://theconversation.com/profiles/kelsey-norman-862895">Kelsey Norman</a>, <a href="https://theconversation.com/institutions/rice-university-931">Rice University</a> At least a dozen countries, including the U.S., have <a href="https://news.un.org/en/story/2024/01/1145987">suspended funding to the UNRWA</a>, the United Nations agency responsible for delivering aid to Palestinian refugees. This follows allegations made by Israel that <a href="https://www.wsj.com/world/middle-east/at-least-12-u-n-agency-employees-involved-in-oct-7-attacks-intelligence-reports-say-a7de8f36">12 UNRWA employees participated</a> in the Oct. 7, 2023, Hamas attack. The UNRWA responded by <a href="https://www.reuters.com/world/middle-east/un-palestinian-refugee-agency-investigates-staff-suspected-role-israel-attacks-2024-01-26/">dismissing all accused employees</a> and opening an investigation. While the seriousness of the accusations is clear to all, and the U.S. has been keen to <a href="https://www.nytimes.com/2024/01/30/us/politics/aid-gaza-israel.html">downplay the significance</a> of its pause in funding, the action is not in keeping with precedent. Western donors did not, for example, defund other U.N. agencies or peacekeeping operations amid accusations of <a href="https://www.hrw.org/news/2020/01/11/un-peacekeeping-has-sexual-abuse-problem">sexual assault</a>, <a href="https://www.justice.gov/usao-sdny/pr/former-un-general-assembly-president-and-five-others-charged-13-million-bribery-scheme">corruption</a> or <a href="https://www.hrw.org/legacy/summaries/s.bosnia9510.html">complicity in war crimes</a>. In real terms, the funding cuts to the UNRWA will affect <a href="https://www.unrwa.org/where-we-work/gaza-strip">1.7 million Palestinian refugees in Gaza</a> along with an additional 400,000 Palestinians without refugee status, many of whom benefit from the UNRWA’s infrastructure. Some critics have gone further and said depriving the agency of funds <a href="https://jacobin.com/2024/01/unrwa-defunding-gaza-israel">amounts to collective punishment</a> against Palestinians. Refugee aid, and humanitarian aid more generally, is theoretically meant to be neutral and impartial. But as experts in <a href="https://www.cambridge.org/core/books/reluctant-reception/558E2A93FF99B8F295347A8FA2053698">migration</a> <a href="https://www.routledge.com/UN-Global-Compacts-Governing-Migrants-and-Refugees/Micinski/p/book/9780367218836">and</a> <a href="https://press.umich.edu/Books/D/Delegating-Responsibility">international relations</a>, we know funding is often used as a foreign policy tool, whereby allies are rewarded and enemies punished. In this context, we believe the cuts in funding for the UNRWA fit a wider pattern of the politicization of aid to refugees, particularly Palestinian refugees. <h2>What is the UNRWA?</h2> The UNRWA, short for the U.N. Relief and Works Agency for Palestine Refugees in the Near East, was established two years after about <a href="https://theconversation.com/the-nakba-at-75-palestinians-struggle-to-get-recognition-for-their-catastrophe-204782">750,000 Palestinians were expelled or fled from their homes</a> during the months leading up to the creation of the state of Israel in 1948 and the subsequent Arab-Israeli war. Prior to the UNRWA’s creation, international and local organizations, many of them religious, provided services to displaced Palestinians. But after <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">surveying the extreme poverty</a> and dire situation pervasive across refugee camps, the U.N. General Assembly, including all Arab states and Israel, voted to create the UNRWA in 1949. Since that time, <a href="https://www.unrwa.org/what-we-do">the UNRWA has been the primary aid organization</a> providing food, medical care, schooling and, in some cases, housing for the 6 million Palestinians living across its five fields: Jordan, Lebanon, Syria, as well as the areas that make up the occupied Palestinian territories: the West Bank and Gaza Strip. The mass displacement of Palestinians – known as the <a href="https://theconversation.com/the-nakba-at-75-palestinians-struggle-to-get-recognition-for-their-catastrophe-204782">Nakba, or “catastrophe</a>” – occurred prior to the <a href="https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention">1951 Refugee Convention</a>, which defined refugees as anyone with a well-founded fear of persecution owing to “events occurring in Europe before 1 January 1951.” Despite a <a href="https://www.unhcr.org/sites/default/files/legacy-pdf/4ec262df9.pdf">1967 protocol extending the definition</a> worldwide, Palestinians are still excluded from the primary international system protecting refugees. While the UNRWA is responsible for providing services to Palestinian refugees, the United Nations also created the U.N. Conciliation Commission for Palestine in 1948 to seek a <a href="https://www.refworld.org/docid/4fe2e5672.html">long-term political solution</a> and “to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation.” As a result, the UNRWA does not have a mandate to push for the traditional durable solutions available in other refugee situations. As it happened, the conciliation commission was active only for a few years and has since been sidelined in favor of the U.S.-brokered peace processes. <h2>Is the UNRWA political?</h2> The UNRWA has been <a href="https://www.migrationpolicy.org/article/palestinian-refugees-dispossession">subject</a> to political headwinds since its inception and especially during periods of heightened tension between Palestinians and Israelis. While it is a U.N. organization and thus ostensibly apolitical, it has <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">frequently been criticized</a> by Palestinians, Israelis as well as donor countries, including the United States, for acting politically. The UNRWA performs statelike functions across its five fields – including education, health and infrastructure – but it is restricted in its mandate from performing political or security activities. Initial Palestinian objections to the UNRWA stemmed from the organization’s early focus on economic integration of refugees into host states. Although the UNRWA officially adhered to the U.N. General Assembly’s <a href="https://www.unrwa.org/content/resolution-194">Resolution 194</a> that called for the return of Palestine refugees to their homes, U.N., U.K. and U.S. <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">officials searched</a> for means by which to resettle and integrate Palestinians into host states, viewing this as the favorable political solution to the Palestinian refugee situation and the broader Israeli-Palestinian conflict. In this sense, Palestinians perceived the UNRWA to be both highly political and actively working against their interests. In later decades, the UNRWA <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">switched its primary focus</a> from jobs to education at the urging of Palestinian refugees. But the UNRWA’s education materials were <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">viewed</a> by Israel as further feeding Palestinian militancy, and the Israeli government insisted on checking and approving all materials in Gaza and the West Bank, which it has occupied since 1967. While Israel has <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">long been suspicious</a> of the UNRWA’s role in refugee camps and in providing education, the organization’s operation, which is internationally funded, <a href="https://www.crisisgroup.org/middle-east-north-africa/east-mediterranean-mena/israelpalestine/242-unrwas-reckoning-preserving-un-agency-serving-palestinian-refugees">also saves</a> Israel millions of dollars each year in services it would be obliged to deliver as the occupying power. Since the 1960s, the U.S. – UNRWA’s primary donor – and other Western countries have <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">repeatedly expressed their desire</a> to use aid to prevent radicalization among refugees. In response to the increased presence of armed opposition groups, the <a href="https://cup.columbia.edu/book/refuge-and-resistance/9780231202855">U.S. attached a provision</a> to its UNRWA aid in 1970, requiring that the “UNRWA take all possible measures to assure that no part of the United States contribution shall be used to furnish assistance to any refugee who is receiving military training as a member of the so-called Palestine Liberation Army (PLA) or any other guerrilla-type organization.” The UNRWA adheres to this requirement, even publishing an annual list of its employees so that host governments can vet them, but it also <a href="https://www.crisisgroup.org/middle-east-north-africa/east-mediterranean-mena/israelpalestine/242-unrwas-reckoning-preserving-un-agency-serving-palestinian-refugees">employs 30,000 individuals</a>, the vast majority of whom are Palestinian. Questions over the links of the UNRWA to any militancy has led to the rise of Israeli and international <a href="https://cufi.org/issue/unrwa-teachers-continue-to-support-antisemitism-terrorism-on-social-media-un-watch/">watch groups</a> that document the social media activity of the organization’s large Palestinian staff. <h2>Repeated cuts in funding</h2> The United States has used its money and power within the U.N. to block criticism of Israel, vetoing at least <a href="https://www.un.org/depts/dhl/resguide/scact_veto_table_en.htm">45 U.N. resolutions</a> critical of Israel. And the latest freeze is not the first time the U.S. has cut funding to the UNRWA or other U.N. agencies in response to issues pertaining to the status of Palestinians. In 2011, the <a href="https://www.reuters.com/article/idUSTRE79U5ED/#:%7E:text=WASHINGTON%20(Reuters)%20%2D%20The%20United,grant%20the%20Palestinians%20full%20membership.">U.S. cut all funding to UNESCO</a>, the U.N. agency that provides educational and cultural programs around the world, after the agency voted to admit the state of Palestine as a full member. The Obama administration defended the move, claiming it was required by a 1990s law to defund any U.N. body that admitted Palestine as a full member. But the impact of the action was nonetheless severe. Within just four years, UNESCO was <a href="https://onlinelibrary.wiley.com/doi/full/10.1111/1758-5899.12459">forced to cut its staff in half</a> and roll back its operations. President Donald Trump later <a href="https://www.pbs.org/newshour/politics/u-s-and-israel-officially-withdraw-from-unesco">withdrew the U.S. completely from UNESCO</a>. In 2018, the Trump administration paused its <a href="https://www.nytimes.com/2018/08/31/us/politics/trump-unrwa-palestinians.html">US$60 million contribution to the UNRWA</a>. Trump claimed the pause would create political pressure for Palestinians to negotiate. President Joe Biden restarted U.S. contributions to the UNRWA in 2021. <h2>Politicization of refugee aid</h2> Palestinian are not the only group to suffer from the politicization of refugee funding. After World War II, states established different international organizations to help refugees but strategically excluded some groups from the refugee definition. For example, the U.S. funded the <a href="https://www.nationalww2museum.org/war/articles/last-million-eastern-european-displaced-persons-postwar-germany">U.N. Relief and Rehabilitation Administration to help resettle displaced persons after World War II</a> but resisted Soviet pressure to forcibly repatriate Soviet citizens. The U.S. also created a separate organization, <a href="https://academic.oup.com/ijrl/article-abstract/1/4/501/1598187">the precursor to the International Organization for Migration</a>, to circumvent Soviet influence. In many ways, the UNRWA’s existence and the exclusion of Palestinian refugees from the wider refugee regime parallels this dynamic. Funding for refugees has also been politicized through the earmarking of voluntary contributions to U.N. agencies. Some agencies receive funding from U.N. dues; but the UNRWA, alongside the U.N. High Commissioner for Refugees and the International Organization for Migration, receive the majority of their funding from voluntary contributions from member states. These contributions can be earmarked for specific activities or locations, leading to donors such as the <a href="https://www.peio.me/wp-content/uploads/2019/01/PEIO12_paper_107.pdf">U.S. or European Union dictating which refugees get aid and which do not</a>. Earmarked contributions amounted to nearly <a href="https://unsceb.org/fs-revenue-agency">96% of the UNHCR’s budget, 96% of the IOM’s budget and 74% of UNRWA funding in 2022</a>. As a result, any cuts to UNRWA funding will affect its ability to service Palestinian refugees in Gaza – especially at a time when so many are <a href="https://www.cnn.com/2024/01/30/middleeast/famine-looms-in-gaza-israel-war-intl/index.html">facing hunger, disease and displacement</a> as a result of war.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/222263/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/nicholas-r-micinski-207353">Nicholas R. Micinski</a>, Assistant Professor of Political Science and International Affairs, <a href="https://theconversation.com/institutions/university-of-maine-2120">University of Maine</a> and <a href="https://theconversation.com/profiles/kelsey-norman-862895">Kelsey Norman</a>, Fellow for the Middle East, Rice University's Baker Institute for Public Policy, <a href="https://theconversation.com/institutions/rice-university-931">Rice University</a> Image credits: Getty Images This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/funding-for-refugees-has-long-been-politicized-punitive-action-against-unrwa-and-palestinians-fits-that-pattern-222263">original article</a>.

Money & Banking

"Impunity for macho actions is over": Why the entire Spanish World Cup team has quit

Luis Rubiales, the head of Spanish soccer, has rejected calls for his resignation despite facing widespread backlash for his actions following Spain's Women's World Cup victory. Rubiales came under fire after he was seen grabbing star player Jenni Hermoso's head and kissing her on the lips during the medal ceremony. The incident has led to a revolt among 56 national team members and condemnation from the government for what they deemed to be "macho actions". A collective statement, issued through their union, was signed by all 23 members of the winning squad, including Hermoso, as well as 32 other team members. In the statement, they declared their refusal to participate in international matches as long as Rubiales remains at the helm of the Royal Spanish Football Federation (RFEF). Within the same statement, Hermoso refuted Rubiales' assertion that the kiss was consensual (see below for the statement in full). The controversial kiss occurred at the medal ceremony after Spain's victory over England in the World Cup final in Sydney. Rubiales' elderly mother, Angeles Bejar, has now taken an extreme stance in support of her son, initiating a hunger strike and seeking refuge in a church, citing a perceived "inhumane witch-hunt" against him. In parallel, the regional presidents of the Spanish football federation have called for Rubiales' resignation. This series of events coincided with Spanish prosecutors' announcement of a preliminary investigation into Rubiales' conduct during the World Cup final, focusing on the kiss with Hermoso. The Spanish national court stated that the investigation would explore whether Rubiales' actions could be considered sexual assault. Despite facing pressure to step down, Rubiales has resisted these calls and maintained that the kiss was just a “little peck” that was “spontaneous, mutual, euphoric and consensual”. He also claimed that he asked Hermoso if he could kiss her and that she said “OK”. The Spanish government, lacking the authority to directly remove Rubiales from his position, has sought legal avenues to suspend him using a sports tribunal. Victor Francos, the head of the state-run sports council, emphasised the government's determination to ensure accountability in this matter, comparing it to a Spanish soccer "Me Too" movement. Criticism of Rubiales' behavior has escalated since Spain's victory, with Acting Labour Minister Yolanda Diaz condemning his actions as "unacceptable." The government has been urged to take swift action against such behaviour and ensure that those responsible are held accountable. “The government must act and take urgent measures: impunity for macho actions is over. Rubiales cannot continue in office,” Diaz wrote on social media. In response, FIFA initiated disciplinary proceedings against Rubiales, prompted by Hermoso's statement expressing her union's commitment to defending her rights and condemning acts like the one she experienced. The situation remains tense as Rubiales continues to face demands for his resignation, while he remains defiant and resolute in his position as the head of Spanish soccer. Hermoso’s full statement: “After achieving one of the most desired successes of my sports career and after a few days of reflection, I want to wholeheartedly thank my teammates, fans, followers, the media and all of you who have made this dream come true; Your work and unconditional support have been a fundamental part of winning the World Cup. “In reference to what happened today. Although it is true that for my part I do not want to interfere with the multiple legal processes in progress, I feel compelled to denounce that the words of Mr. Luis Rubiales explaining the unfortunate incident are categorically false and part of the manipulative culture that he himself has generated. “I clarify that at no time did the conversation to which Mr. Luis Rubiales referred to take place and that, far from it, his kiss was consented. In the same way I want to reiterate as I did at the time that this fact had not been to my liking. “The situation caused me a shock due to the context of the celebration, and with the passage of time and after delving a little deeper into those first feelings, I feel the need to denounce this fact since I consider that no person, in any area work, sports or social should be a victim of this type of non-consensual behaviour. “I felt vulnerable and the victim of aggression, an impulsive, sexist, out of place act and without any kind of consent on my part. I just wasn’t respected. I was asked to make a joint statement to take the pressure off the president, but at that moment in my head I only had the idea of enjoying the historic milestone reached together with my teammates. “For this reason, at all times I informed the RFEF and its different interlocutors, as well as the media and people I trust that I would not make any type of individual or joint statement on this matter, since I understood that, if I did, I would still remove more prominence to such a special moment for my colleagues and me. “Despite my decision, I have to state that I have been under continuous pressure to come up with a statement that could justify the act of Mr. Luis Rubiales. Not only that, but in different ways and through different people, the RFEF has pressured my environment (family, friends, colleagues, etc.) to give testimony that had little or nothing to do with my feelings. “It is not up to me to evaluate communication and integrity practices, but I am sure that as the World Champion National Team we do not deserve such a manipulative, hostile and controlling culture. This type of incident joins a long list of situations that we players have been denouncing in recent years, so this fact, in which I have been involved, is just the straw that breaks the camel’s back and what everyone has been able to see, but attitudes like this have been part of the day-to-day life of our team for years. “For all these reasons, I want to reinforce the position I took from the beginning, considering that I do not have to support the person who has committed this action against my will, without respecting me, at a historic moment for me and for women’s sport. from this country. “In no case can it be my responsibility to assume the consequences of transmitting something in which I do not believe, which is why I have refused the pressures received. ZERO TOLERANCE with these behaviors. I want to close by making it very clear that although I am the one expressing these words, it is all the players in Spain and the world who have given me the strength to come out with this statement. “Faced with such a show of disrespect and inability to recognise one’s own mistakes and assume the consequences, I have made the decision not to play for the National Team again as long as the current leaders continue. Thank you all for the messages of support and words of encouragement received. I know I am not alone and thanks to all of you we will get ahead more united. I leave this issue to the people I trust TMJ and FUTPRO and they will continue working on the next steps based on recent events.” Image: Channel 7

Legal

Qantas slapped with class action lawsuit

Qantas is staring down the barrel of a class action lawsuit, after being accused of prioritising its financial interests over its contractual commitments to customers during the COVID-19 pandemic. The legal action was initiated on Monday August 21 in response to the airline's failure to provide refunds totalling more than a billion dollars to its customers. Echo Law, the plaintiff firm, contends that Qantas deceived customers and essentially held their funds, effectively treating them as interest-free loans. Andrew Paull, a partner at Echo Law, asserts that Qantas acted unlawfully by introducing a flight credit program in response to border closures caused by the pandemic. Instead of promptly refunding customers for cancelled flights, the airline, in numerous instances, retained the funds for an extended period to bolster its financial performance. Paull notes that Qantas' own terms and conditions stipulate refunds when cancellations occur outside their control. He points out that the magnitude of the claim has grown due to Qantas' prolonged inaction in addressing these issues. The class action is not only aiming to secure redress for pending refunds but also seeks compensation for delayed reimbursements. Paull alleges that Qantas has been "unjustly enriched" by withholding money owed to its customers. He equates the interest accrued on these retained funds over the past three years to a substantial sum. This legal action marks the latest episode in a series of challenges faced by Australia's largest airline due to the pandemic's far-reaching repercussions, which severely disrupted its operations. The Australian Competition and Consumer Commission (ACCC) has expressed concern and pressured the company to simplify the refund process following a surge in customer complaints. Consumer advocates have also criticised Qantas for delays in refunding customers. Choice, a consumer advocacy group, even bestowed a "shonky award" upon Qantas due to reports of customers using credits being required to pay extra. Paull estimates that approximately $400 million in refunds remains outstanding to date. He asserts that Qantas prioritised safeguarding its financial position over honouring its commitments to customers during the pandemic, potentially misleading customers by presenting the travel credits as acts of goodwill rather than a fulfilment of contractual obligations. Responding to the lawsuit, a Qantas spokesperson stated on Monday that the airline had not yet received the lawsuit. The spokesperson categorically rejected the allegations, asserting that Qantas had already processed over $1 billion in refunds arising from COVID-19-related credits for customers impacted by lockdowns and border closures. Moreover, the spokesperson refuted claims that Qantas derived financial gains from delaying refund disbursements, highlighting the substantial revenue loss of $25 billion and $7 billion in losses due to the pandemic. (Qantas has subsequently repaid significant portions of its pandemic debts and recently reported substantial profits after receiving substantial financial support from taxpayers during the pandemic period.) Qantas also dismissed allegations of delayed refund payments to affected customers. The spokesperson emphasised that the airline has consistently communicated the refund process to customers when flights were canceled. However, Paull contends that Qantas has created formidable barriers for customers seeking to exercise their consumer rights, including unfulfilled promises of callbacks and refunds that were granted but never processed.

Legal

ABC threatened with legal action over coronation coverage

The Australian Monarchist League have threatened to take legal action against the ABC over their coronation coverage, specifically the comments made on their hour-long special The Coronation: A discussion about the Monarchy in 2023. The programme, focussed on the monarchy’s relevance to Australia, featured The Drum’s Julia Baird and Jeremy Fernandez as hosts, with a panel that included the likes of Q&A host Stan Grant and Australian Republic Movement co-chair Craig Foster. Julian Leeser - a Liberal MP and monarchist - and Teela Reid - a Wiradjuri and Wailwan woman - were also involved. The coverage, which broadcast in Australia three hours before King Charles III’s coronation, faced a wave of criticism from the Australian Monarchist League, as well as 3AW radio host Neil Mitchell, ABC audiences, and Liberal MPs. And now, the AML have announced their intention to take their complaints further, with a statement from AML national chair Philip Benwell declaring that their “legal advisers are preparing a formal complaint to the board of the ABC in regard to the production and airing of Saturday's extremely biased pre-Coronation programme specifically designed to attack the Constitution and the Crown. Our Executive and others are meeting this week to formalise our approach. “So vitriolic are their attacks on the King, the monarchy, the British settlement and everything that came thereafter that they forget that they are the very people who want our vote for their Voice to the Parliament.” Brenwell noted that they were inviting “pertinent comments” regarding the broadcast to help compile their formal complaint, specifying that these should “include specific comments made during the programme by interviewers and panellists”. Neil Mitchell, radio host for 3AW, had a lot to say about the coverage too, noting his opinion that it had “misread the mood”, as well as his desire for the ABC to see the broadcaster held accountable. “Somebody in the ABC needs to be accountable for this,” he declared, “as the national broadcaster it should have been the place you go to see the coverage of the coronation, instead you see all this bitterness about our Indigenous history.” He also took the opportunity to point out that the panel had featured four individuals, with “three of them republicans”. The fourth - and only monarchist - Julian Leeser agreed that the broadcast had gotten “the balance wrong” when it came to their panel compilation. As Mitchell added, “to have only one of four panellists as supporters of our existing constitutional arrangements meant there was little opportunity for a panel discussion that reflected the warmth and respect Australians have for King Charles.” Images: Q&A

Resistance to mega-tourism is rising in the South Pacific – but will governments put words into action?

With COVID-19 travel restrictions largely a thing of the past for Australian and <a href="https://www.newshub.co.nz/home/travel/2022/12/fiji-more-popular-with-kiwi-tourists-than-it-was-pre-covid-19.html">New Zealand tourists</a>, Pacific destinations are enjoying the return of visitors – albeit at a <a href="https://devpolicy.org/the-pacific-emerging-from-covid-slowly-20221019/">slower pace</a> than in other parts of the world. Tourism in Fiji, Samoa, Vanuatu and the Cook Islands was <a href="https://www.imf.org/-/media/Files/Countries/ResRep/pis-region/small-states-monitor/pacific-islands-monitor-issue-17-october-2022.ashx">hit hard by the pandemic</a>, but <a href="https://www.massey.ac.nz/about/news/pacific-islands-resilient-as-covid-19-topples-tourism/">patience and resilience</a> are starting to pay off. Foreign dollars are once again circulating in those small economies. Recently, <a href="https://www.mvariety.com/business/kiribati-welcomes-first-cruise-ship-visit/article_30ca4be0-b0f7-11ed-9b9d-93619a4dfba6.html">Kiribati welcomed</a> its first international cruise ship since 2020. But this isn’t a simple case of returning to normal. The past three years have allowed time for reflection, leading to a rising awareness of <a href="https://southpacificislands.travel/pacific-sustainable-tourism-leadership-summit-calls-on-pacific-leaders-to-work-together-to-build-resilient-futures/">possible alternatives</a> to pre-pandemic tourism models. From senior levels within governments to grassroots tourism operators and citizens, there has been serious discussion about the resumption of business as usual, including several <a href="https://southpacificislands.travel/2021-ends-on-a-high-with-pacific-islands-tourism-research-symposium/">regional symposiums</a> hosted by the South Pacific Tourism Organisation. Issues of sovereignty and future resilience have been very much to the fore – quite untypical in a global tourism industry largely focused on <a href="https://etc-corporate.org/news/europes-tourism-rebound-predicted-to-continue-into-2023/">boosting numbers</a> as soon as possible. Questions remain, however, about the gap between rhetoric and reality. <h2>Flipping the narrative</h2> The <a href="https://southpacificislands.travel/2022-pacific-sustainable-tourism-leadership-summit/">Pacific Sustainable Tourism Leaders Summit</a> in November 2022 brought together tourism ministers and industry stakeholders to discuss the future of regional tourism. This led to a <a href="https://southpacificislands.travel/pacific-sustainable-tourism-leadership-summit-calls-on-pacific-leaders-to-work-together-to-build-resilient-futures/">regional commitment</a> signed by 11 countries focused on promoting sustainable tourism. Essentially, the aim is to flip the narrative: rather than Pacific nations being seen as dependent on tourism, regional tourism itself depends on the Pacific and its people surviving and thriving. Accordingly, Pacific countries are calling for fairer and more meaningful relationships with tourism partners. Cook Islands’ associate minister of foreign affairs and immigration, Tingika Elikana, urged other Pacific leaders at the summit to rebuild tourism in a way that was <a href="https://www.fijitimes.com/inclusive-pacific-summit-calls-on-regional-leaders-to-work-together/">equitable and inclusive</a>, "[it] is crucial that lessons are learned from recent crises and that steps are taken to embed long-term inclusivity, sustainability, and resilience into our tourism offering as it faces evolving challenges and risks." Vanuatu has been heading in this direction since early in the pandemic, when it made “destination wellbeing” <a href="https://www.traveldailymedia.com/vanuatu-tourism-adopts-well-being-approach-for-covid-19-recovery/">central to its tourism recovery</a>. The aim of “moving beyond solely measuring visitor arrivals and contribution to GDP” then fed into the country’s <a href="https://tourism.gov.vu/images/DoT-Documents/Presentations/Vanuatu_Sustainable_Tourism_Strategy_2020-2030-2020_.pdf">Sustainable Tourism Strategy</a>, launched at the height of the pandemic. <h2>Push-back on resorts and cruise ships</h2> This reappraisal of scale and priorities has perhaps been most evident in Fiji where there has been <a href="https://www.fijitimes.com/project-unoriginal/">strong opposition</a> to a US$300 million mega-project proposed by Chinese developers. The hotel, apartment and marina complex would be built in an area containing one of the last remaining remnants of mangrove forest near the capital, Suva. Conservationists and local residents have been critical of the <a href="https://www.rnz.co.nz/international/pacific-news/484141/conservationist-calls-on-fiji-govt-to-preserve-rare-mangrove">environmental</a> and <a href="https://www.fijitimes.com/how-can-fiji-supply-water-to-project/">infrastructural</a> impact of the proposed development, as well as the <a href="https://www.fijitimes.com/project-unoriginal/">authenticity of its design</a>. There is <a href="https://www.rnz.co.nz/international/pacific-news/484710/costly-development-of-suva-forest-may-now-not-happen">now doubt</a> about whether the government will renew the developer’s lease, due to expire in June. The minister for lands and mineral resources has said “there’s been a lack of transparency” from the developers, and that he “will continue to monitor the remaining conditions of the development lease”. A leading opponent of the project, Reverend James Bhagwan, <a href="https://www.rnz.co.nz/international/pacific-news/484710/costly-development-of-suva-forest-may-now-not-happen">told Radio New Zealand</a>, "we'’re not anti-development, but what we’re saying is we need to look at development from a perspective that places the environment at the centre, not at the periphery. There is a precedent here: approval for a multi-million-dollar resort and casino development on Malolo island was revoked in 2019 after another Chinese developer, Freesoul Investments, destroyed part of a reef, dumped waste and disrupted traditional fisheries. In 2022, the High Court fined the company <a href="https://www.newsroom.co.nz/resort-developers-found-guilty-over-fiji-island-disaster-1">FJD$1 million</a>. It was the first time a developer had been punished for an “environmental crime”. Environmental concerns are also causing other Pacific countries to resist a return to mass tourism. In Rarotonga, Cook Islands, annual visitor numbers before the pandemic were ten times the island’s local population. The ability to cope with that level of tourism has since been <a href="https://www.rnz.co.nz/international/pacific-news/443141/cook-islanders-considering-how-much-tourism-is-too-much">seriously questioned</a>. And in French Polynesia, the government has <a href="https://www.nzherald.co.nz/travel/french-polynesia-the-latest-country-to-ban-mega-cruise-ships/RXY2PDLCWPAIZRVNENLHJ6Z2N4/">banned port calls</a> for cruise ships with a capacity greater than 3,500 passengers. The decision was based on concerns about air pollution, stress on the marine environment and social impacts. Daily cruise arrivals to Bora Bora are now restricted to 1,200 passengers, much to the <a href="https://www.rnz.co.nz/international/pacific-news/407885/bora-bora-calls-for-ban-on-large-cruise-ships">relief of locals</a>. <h2>A new kind of tourism?</h2> In the face of uncertainties due to climate change and geopolitical tensions in the region, it’s encouraging to hear local voices being heard in debates about the future of Pacific tourism – and political leaders appearing to respond. The Pacific Island Forum leaders’ retreat in Fiji late last month discussed the tourism industry. The forum’s signature <a href="https://www.forumsec.org/2050strategy/">Blue Pacific Strategy</a> for regional co-operation recognises tourism is an important component of national development, and the need to balance economic pressures with environmental and cultural protection. But despite the apparent political will and regional focus on building resilience, tourism development will undoubtedly continue to challenge the desires and initiatives of Pacific peoples seeking more sustainable futures. While the policy rhetoric sounds good, it remains to be seen whether Pacific governments will remain steadfast and united under mounting pressures from major cruise operators, Chinese commercial interests and large hotels looking to maximise occupancy rates. Many Pacific people reported the natural environment – along with social, spiritual, physical and mental wellbeing – <a href="https://www.internationaljournalofwellbeing.org/index.php/ijow/article/view/2539">improved during the pandemic pause</a> in tourism. But the reality of putting local wellbeing ahead of profits and increased tax revenue is yet to be fully tested as tourism bounces back. Images: Getty <em style="box-sizing: border-box; color: #212529; font-family: -apple-system, 'system-ui', 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; background-color: #ffffff;">This article originally appeared on <a href="https://theconversation.com/resistance-to-mega-tourism-is-rising-in-the-south-pacific-but-will-governments-put-words-into-action-201071" target="_blank" rel="noopener">The Conversation</a>.

International Travel

"Mateship in action": NZ survivors of helicopter crash praise Aussie compassion

Two couples from New Zealand who survived the deadly helicopter collision on the Gold Coast have shared their condolences for those who died during the accident. Edward and Marle Swart along with Riaan and Elmarie Steenberg spoke of how the "fun five-minute joy ride on vacation to Australia turned into a nightmare" and said their "hearts are so heavy" for those who died in the other aircraft that fell to the ground. "Our deepest sympathies and sincere condolences to the injured and the deceased and their families," they said in a joint statement released on Wednesday night. "We are grateful and blessed to have been spared but very sad for the people who lost loved ones and the little ones and mum fighting for their lives in hospital. "Our hearts are so heavy for them." The couples also praised the 52-year-old pilot who managed to land their damaged helicopter safely "through all the chaos", while also commending the actions of witnesses who rushed to help on the scene. "Our gratitude goes out to every bystander who ran to help, every police officer and emergency services personnel who helped us with our immediate needs keeping us calm and making us comfortable," they said. "We saw mateship in action. Australians come together to help in time of need." "We would like to extend our great thanks to the hospital staff taking care of us for their kindness and compassion during this traumatic experience." The New Zealand couples, all in their 40s, were among the six people in the second helicopter who all survived the crash with minor injuries. <a href="https://oversixty.com.au/news/news/helicopter-crash-victims-identified" target="_blank" rel="noopener">Four people</a> on the first helicopter died while the remaining three survivors remain in hospital. Image credits: Nine News

Travel Trouble

A class action against Optus could easily be Australia’s biggest

With the Optus data breach exposing almost 10 million current and former customers to identity theft, law firms are circling for what could end up being the biggest – and most valuable – class action case in Australian legal history. A settlement could well be worth billions, eclipsing the current record of <a href="https://www.abc.net.au/news/2014-07-15/black-saturday-bushfire-survivors-secure-record-payout/5597062" target="_blank" rel="noopener">$494 million</a> paid to 10,000 victims of Victoria’s 2009 Black Saturday bushfires. Two class-action specialists, <a href="https://www.lawyersweekly.com.au/biglaw/35625-maurice-blackburn-investigates-action-against-optus" target="_blank" rel="noopener">Maurice Blackburn</a> and <a href="https://www.slatergordon.com.au/class-actions/current-class-actions/optus-data-breach" target="_blank" rel="noopener">Slater & Gordon</a>, are considering suing, and it’s possible others will follow. (Maurice Blackburn also has another case against Optus on its books over a 2019 data breach involving 50,000 customers.) To proceed they’ll need to sign up at least seven people – one of whom acts as the “representative” or lead plaintiff. This shouldn’t be hard. They’ll then need to file a statement of claim for financial, economic or other loss. Multiple class actions are possible if those claims pursue different issues. Or the firms could work together, as they have in the past. <h2>Things to know about class actions</h2> There have been about 700 class actions in Australia in the past 30 years. Class actions can be pursued through state or federal courts. Most go to the Federal Court, which has been empowered to hear class actions since 1992. Less <a href="https://www.alrc.gov.au/wp-content/uploads/2019/08/alrc_report_134_webaccess_2.pdf" target="_blank" rel="noopener">than 5%</a> of Federal Court actions have progressed to a judgement. About 60% have ended in a court-approved settlement, with the balance dismissed or discontinued. The most common type of class action is by shareholders for loss of earnings. These account for about a third of Federal Court class actions. The biggest shareholder settlement so far is $200 million, paid by Centro Property Group to almost 6,000 shareholders in 2012 over misleading and deceptive conduct by Centro’s board. This followed the Australian Securities and Investments Commission <a href="https://www.smh.com.au/business/asic-wins-case-against-centro-directors-20110627-1gmk5.html" target="_blank" rel="noopener">successfully prosecuting</a> Centro (also in the Federal Court). Class actions account for less than 1% of claims lodged with the Federal Court, but their scale and complexity means they take a disproportionate amount of court time, as well as media attention. Because of their cost, many class actions are funded by third parties as a type of business venture. This enables the law firms running the action to sign up plaintiffs on a “no win, no fee”. The litigation funder then takes a share of the settlement (as does the law firm for its legal fees). According to <a href="https://www.alrc.gov.au/wp-content/uploads/2019/08/alrc_report_134_webaccess_2.pdf" target="_blank" rel="noopener">Australian Law Reform Commission</a> data for settled cases, the median percentage of any settlement going to plaintiffs is 57%, with law firms taking 17% and funders taking 22%. <h2>What would a class action against Optus involve?</h2> Based on what is currently known, there are two main ways a class action (or class actions) could proceed against Optus. First, it could argue negligence, with the scope of liability outlined in state or territory legislation. Second, it could argue breach of privacy, in contravention of the federal <a href="https://www.legislation.gov.au/Details/C2014C00076" target="_blank" rel="noopener">Privacy Act</a>, in the Federal Court. To succeed in negligence, a court would have to find Optus had a duty of care to its customers to protect their personal information, that it breached its duty, and that customers suffered damage or loss. To succeed on a breach of privacy, the Federal Court would have to find that personal information held by Optus was subject to unauthorised access or disclosure, or lost, and that the company failed to comply with the “privacy principles” enshrined in the Privacy Act. A second basis for a class action in the Federal Court could be to argue a breach of the <a href="https://www.legislation.gov.au/Details/C2018C00385" target="_blank" rel="noopener">Telecommunications Act</a>. This legislation says carriers and carriage service providers “must to do their best” to protect telecommunications networks and facilities from unauthorised interference or unauthorised access. <h2>What are the precedents?</h2> The closest precedent in Australia to a successful class action for a mass breach of privacy is a 2019 case in the NSW Supreme court. This involved a claim by 108 NSW ambulance service employees against the NSW Health Department. The employees, represented by the firm <a href="https://www.centenniallawyers.com.au/nsw-ambulance-class-action/" target="_blank" rel="noopener">Centennial Lawyers</a>, had their personnel files sold to a personal injury law firm by a contractor (who was convicted of unlawfully disclosing information and carried out community service for the crime). The court ordered NSW Health to pay the sum of <a href="http://www8.austlii.edu.au.ezproxy.newcastle.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2019/1781.html" target="_blank" rel="noopener">$275,000 in compensation</a>) – $10,000 for the lead plaintiff and about $2,400 for the others. <h2>How much could the Optus case be worth?</h2> Given the Optus data leak is established, there’s a strong basis to believe a class action would be successful. If so, a court could award compensatory damages for the time and cost of replacing identification documents, as well as exemplary (or punitive) damages, to send a message to corporations handling citizens’ private information. In determining damages, a court will take into account what efforts Optus has made to remedy the leak, mitigate the potential impact on those affected and pay for the costs of replacing drivers’ licences, Medicare cards or passports. Though the economic loss per customer may be relatively small, multiplied by the potential class-action pool size – up to 10 million plaintiffs – compensatory damages could easily be billions of dollars, even without exemplary damages. That makes this a hugely attractive prospect for a law firm or class-action funder. This article originally appeared on <a href="https://theconversation.com/a-class-action-against-optus-could-easily-be-australias-biggest-heres-what-is-involved-191515" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Legal

Iran protest at enforced hijab sparks online debate and feminist calls for action across Arab world

Iranian authorities have cracked down on protests which erupted after the death in custody of a 22-year-old woman who was arrested by the morality police for not wearing the hijab appropriately. The <a href="https://www.bbc.co.uk/news/world-middle-east-62986057" target="_blank" rel="noopener">death of Mahsa Amini</a> who was reportedly beaten after being arrested for wearing her hijab “improperly” sparked street protests. Unrest has spread across the country as women burned their headscarves to protest laws that force women to wear the hijab. Seven people are reported to have been killed, and the government has almost completely <a href="https://twitter.com/netblocks/status/1572651793355603972" target="_blank" rel="noopener">shut down</a> the internet. But in the Arab world – including in Iraq, where I was brought up – the protests have attracted attention and women are <a href="https://twitter.com/i/spaces/1RDGlaVekMMJL/peek" target="_blank" rel="noopener">gathering online</a> to <a href="https://twitter.com/EsraaMAA1/status/1572373663164538882?s=20&t=sP2kn4dJ7RZUSqWT6GDr6w" target="_blank" rel="noopener">offer solidarity</a> to Iranian women struggling under the country’s harsh theocratic regime. The enforcement of the hijab and, by extension, guardianship over women’s bodies and minds, are not exclusive to Iran. They manifest in different forms and degrees in many countries. In Iraq, and unlike the case of Iran, forced wearing of the hijab <a href="https://www.mei.edu/publications/constitutional-and-legal-rights-iraqi-women" target="_blank" rel="noopener">is unconstitutional</a>. However, the ambiguity and contradictions of much of the constitution, particularly <a href="https://www.constituteproject.org/constitution/Iraq_2005.pdf?lang=en" target="_blank" rel="noopener">Article 2</a> about Islam being the primary source of legislation, has enabled the condition of forced hijab. Since the 1990s, when Saddam Hussein launched his <a href="https://www.theguardian.com/world/2005/jan/24/iraq.rorymccarthy1" target="_blank" rel="noopener">Faith Campaign</a> in response to economic sanctions imposed by the UN security council, pressure on women to wear the hijab has become widespread. Following the US-led invasion of the country, the situation worsened under the rule of Islamist parties, many of whom have close ties to Iran. Contrary to the claim in 2004 by US president <a href="https://georgewbush-whitehouse.archives.gov/news/releases/2004/03/20040312-5.html" target="_blank" rel="noopener">George W. Bush</a> that Iraqi people were “now learning the blessings of freedom”, women have been enduring the heavy hand of patriarchy perpetuated by Islamism, militarisation and tribalism, and exacerbated by the influence of Iran. Going out without a hijab in Baghdad became a daily struggle for me after 2003. I had to put on a headscarf to protect myself wherever I entered a conservative neighbourhood, especially during the years of sectarian violence. Flashbacks of pro-hijab posters and banners hanging around my university in central Baghdad have always haunted me. The situation has remained unchanged over two decades, with the hijab <a href="http://www.idu.net/modblank.php?mod=news&modfile=print&itemid=25626" target="_blank" rel="noopener">reportedly imposed</a> on children and little girls in primary and secondary schools. A <a href="https://www.bbc.com/arabic/trending-62985885" target="_blank" rel="noopener">new campaign</a> against the enforced wearing of the hijab in Iraqi public schools has surfaced on social media. Natheer Isaa, a leading activist in the <a href="https://twitter.com/Nathereisaa" target="_blank" rel="noopener">Women for Women</a> group, which is leading the campaign, told me that hijab is cherished by many conservative or tribal members of society and that backlashes are predictable. Similar campaigns were suspended due to threats and online attacks. Women posting on social media with the campaign hashtag #notocompulsoryhijab, have attracted <a href="https://twitter.com/am_m_zhs/status/1571931577491275782?s=20&t=Y9fneuMxJufMq7RgcRMsSg" target="_blank" rel="noopener">reactionary tweets</a> accusing them of being anti-Islam and anti-society. Similar accusations are levelled at Iranian women who defy the regime by taking off or burning their headscarves. Iraqi Shia cleric, Ayad Jamal al-Dinn <a href="https://twitter.com/hiba_alnnayib/status/1572696301363666944?s=20&t=n1UixEREr2gur81vBChBgA" target="_blank" rel="noopener">lashed out</a> against the protests on his Twitter account, labelling the protesting Iranian women “anti-hijab whores” who are seeking to destroy Islam and culture. <h2>Cyberfeminists and reactionary men</h2> In my <a href="https://warwick.ac.uk/fac/soc/pais/research/projects/internationalrelationssecurity/cyberfeminisms/" target="_blank" rel="noopener">digital ethnographic work</a> on cyberfeminism in Iraq and other countries, I have encountered numerous similar reactions to women who question the hijab or decide to remove it. Women who use their social media accounts to reject the hijab are often met with sexist attacks and threats that attempt to shame and silence them. Those who openly speak about their decision to take off the hijab receive the harshest reaction. The hijab is linked to women’s honour and chastity, so removing it is seen as defiance. Women’s struggle with the forced hijab and the backlash against them challenges the prevailing cultural narrative that says wearing the hijab is a free choice. While many women freely decide whether to wear it or not, others are obliged to wear it. So academics need to revisit the discourse around the hijab and the conditions perpetuating the mandatory wearing of it. In doing so it is important to move away from the false dichotomies of culture versus religion, or the local versus the western, which obscure rather than illuminate the root causes of forced hijab. In her academic <a href="https://journals.sagepub.com/doi/abs/10.1177/0141778919849525" target="_blank" rel="noopener">research</a> on gender-based violence in the context of the Middle East, feminist academic Nadje al-Ali emphasises the need to break away from these binaries and recognise the various complex power dynamics involved – both locally and internationally. The issue of forcing women to wear the hijab in conservative societies should be at the heart of any discussion about women’s broader fight for freedom and social justice. Iranian women’s rage against compulsory hijab wearing, despite the security crackdown, is part of a wider women’s struggle against autocratic conservative regimes and societies that deny them agency. The collective outrage in Iran and Iraq invites us to challenge the compulsory hijab and those imposing it on women or perpetuating the conditions enabling it. As one Iraqi female activist told me: “For many of us, hijab is like the gates of a jail, and we are the invisible prisoners.” It is important for the international media and activists to bring their struggle to light, without subscribing to the narrative that Muslim women need saving by the international community. This article originally appeared on <a href="https://theconversation.com/iran-protest-at-enforced-hijab-sparks-online-debate-and-feminist-calls-for-action-across-arab-world-191178" target="_blank" rel="noopener">The Conversation</a>. Image: Twitter

Travel Trouble

4 alternatives to legal action

Legal action can be costly and time consuming. That being said, whenever you encounter legal problems there are some options around. We’ve taken a look at some of the alternatives to legal action that can see you achieve 1. Mediation This involves a trained mediator facilitating a negotiation, but not making binding decisions and is usually a good way of solving a dispute with lawyers present or not. Advantages: <ul> <li>Introduction of a third party to appraise the case and a reflective approach to disputes</li> <li>Focused on interests of parties rather than legal rights and conciliatory in nature</li> <li>It can be quick, cheap and confidential with scope for non-monetary remedies</li> </ul> Disadvantages: <ul> <li>No appropriate when a court remedy is necessary</li> <li>Rarely produces, and mediator has no power to impose binding decision</li> </ul> 2. Early neutral evaluation This is a non-binding process where a neutral party gives non-binding evaluations of the merits and flaw of a dispute in general, generally involving the opinion of a QC/retired judge. Advantages: <ul> <li>Can be useful and assist parties that need to break a deadlock.</li> </ul> Disadvantages: <ul> <li>Process is non-binding and parties can ignore an opinion they disagree with.</li> </ul> 3. Expert determination An independent third party with recognised expertise in the subject matter in dispute, assists the parties and helps them resolve the dispute. Advantages: <ul> <li>Quick, cheap and confidential and gives parties a greater knowledge of how the factual evidence is likely to be decided if the case goes to trial.</li> <li>Can be effective where the parties anticipate a specific type of technical dispute.</li> </ul> Disadvantages: <ul> <li>Expert has no power to force his findings on the parties.</li> <li>The parties may provide that the determination of the expert is final and binding upon them, but recourse to the Courts is still necessary to enforce any determination.</li> </ul> 4. Arbitration This is when the matter is determined by a professional arbitrator given power to impose a binding decision on both parties. Arbitration can, in that sense, be seen as a direct replacement for litigation. Advantages: <ul> <li>Avoids using the courts and is confidential.</li> <li>Speedier and more informal than litigation.</li> <li>Potential for limited discovery.</li> </ul> Disadvantages: <ul> <li>Costs with arbitrations potentially taking a similar amount of time to litigation.</li> <li>An arbitrator's award may only be appealed on the limited grounds of manifest error of law on the face of the award, where the question is one of the general public importance.</li> </ul> Related links: <a href="http://www.oversixty.co.nz/finance/legal/2016/01/10-celebrities-who-cut-their-kids-out-of-inheritances/">10 celebrities who cut their kids out of massive inheritances to give to charity</a> <a href="http://www.oversixty.co.nz/finance/legal/2015/08/3-places-to-safely-store-your-will/">3 places to safely store your will</a> <a href="http://www.oversixty.co.nz/finance/legal/2016/01/why-you-need-to-appoint-a-power-of-attorney-now/">Why you need to appoint a power of attorney now</a>

Legal

Kate Middleton to face Roger Federer in tennis

The Duchess of Cambridge will go head-to-head with Roger Federer in a tennis match for a special charity event. Kate Middleton will go against the Swiss 20-time Grand Slam tennis champion to help raise money for disadvantaged and vulnerable children. All funds raised will go toward two organisations backed by the Duchess, Action for Children and the Lawn Tennis Association. Children between the ages of 8-15 will have the opportunity to meet the professional tennis player and enjoy a game or two with him. The exciting match, which was reportedly suggested by Kate, will go ahead on September 22 as part of the Laver Cup which was co-founded by Federer. “Her Royal Highness is passionate about supporting grassroots tennis and encouraging young people from all backgrounds to become involved in the sport,” a statement from the Palace read. <blockquote class="twitter-tweet"> Excited to announce that Laver Cup is partnering with The Duchess of Cambridge this year to raise funds for two incredible charities – @actionforchildrenuk and the <a href="https://twitter.com/LTA?ref_src=twsrc%5Etfw">@LTA</a> Tennis Foundation. Thank you for your support, and I look forward to seeing you in London! <a href="https://t.co/7B82Gkj5EE">https://t.co/7B82Gkj5EE</a> — Roger Federer (@rogerfederer) <a href="https://twitter.com/rogerfederer/status/1559843493610246145?ref_src=twsrc%5Etfw">August 17, 2022</a></blockquote> The Laver Cup is a three day tournament which sees six of the best tennis players across Europe go against six of the best tennis players from the rest of the world. Federer is no stranger to the royal family, having played tennis with Prince George, nine, and attended Pippa Middleton’s wedding. "Her Royal Highness is passionate about supporting grassroots tennis and encouraging young people from all backgrounds to become involved in the sport," the palace said in a statement. The Laver Cup will see Federer’s <a href="https://oversixty.com.au/health/caring/federer-sends-tennis-world-in-a-spin" target="_blank" rel="noopener">return to the court</a> after struggling with his right knee after undergoing three operations to help repair damage to his meniscus and cartilage. Images: Twitter/Getty

Beauty & Style

Sydney commuters warned of travel chaos

Sydney commuters will once again face a disruptive commute this week due to industrial action. Travellers will see up to a 50 percent decrease in peak hour train services on Tuesday, as trains won’t travel any faster than 60km/h. From Wednesday, a whopping 75 percent of services will be cut as well as the reduction in speed for all trains. The protected industrial action comes as unions fight for the ongoing safety concerns for their employees, as well as refusing to drive the intercity fleet which was built in South Korea and deemed unsafe. Transport for NSW is urging commuters to limit their travel over the four day strike period and have warned that roads could be busier due to the industrial action. A significant reduction in Intercity and regional services to the Central Coast, Newcastle, Hunter, Blue Mountains, Southern Highlands and South Coast lines is also expected on Thursday and Friday. A limited supply of buses will be available to help commuters to get to their required destination. Rail, Tram and Bus Union NSW secretary Alex Claassens said the industrial action was due to the government’s inaction. “All we want is for the government to deliver on the basic safety and workforce issues that we’ve been talking about for many months,” he said. “This has always been about safety for us.” Image: Facebook

Travel Trouble

Commuters to get free travel

Sydney commuters will be given 12 days of free travel across public transport as a way of apologising for last month’s 24 hour shut down. The free fare travel will take effect from 4am 14 April until 3.59am 26 April, including the Easter public holidays and ANZAC Day, on trains, buses, light rail, metro and ferries. Commuters across Greater Sydney, Central Coast, the Hunter Valley region, Illawarra and the Blue Mountains can take advantage of the free travel. NSW Transport Minister David Elliott explained the initiative was to help bring more people into the city. "We need to stimulate economic activity and Business Sydney were advocating in favour of these fare free days as a means to get people into the city, into Parramatta," he said on Sunday. "The shutdown of the network last month was something that needed to be compensated," he said. "To commuters affected by recent rail disruptions, I want to say a heartfelt thank you for your patience." Following last month’s industrial strike which saw thousands of commuters stranded, the Rail, Tram and Bus Union (RTBU) threatened to take weekly industrial action to force the government to offer free travel on Fridays through to June. Mr Elliot hoped the free fare period will allow the RTBU to “set aside” further industrial action. Image: Shutterstock

News

Trainee nurse sprints into action to save toddler

A trainee nurse on his way to work has been hailed a hero after jumping into action and saving a toddler. Nicholas Jensen did not think twice when he heard a mother screaming for someone to help her two-year-old daughter who was turning blue and foaming from the mouth. The 44-year-old nurse grabbed the motionless toddler and placed her in the recovery position before rushing to the Princess Alexandra Hospital emergency room in Brisbane. CCTV from the hospital carpark captured the heroic moment he ran to the hospital with the girl’s mother following behind. Inside, he is seen running through the emergency department where he is directed by a fellow nurse through a door where he is met by seven other nurses. They rush him into a room where the toddler is placed on a bed and resuscitation begins to save the child. The nurses saved the toddler’s life and found she had suffered an atypical febrile convulsion which can be caused by a viral infection and fever, <a href="https://7news.com.au/news/qld/incredible-moment-trainee-nurse-saves-motionless-toddler-in-brisbane--c-6007072" target="_blank" rel="noopener">7News</a> reported. Doctors ordered the toddler to stay for two days for observation and is now doing well, thanks to Nicholas’s quick thinking. “In the moment adrenalin and my training kicked in,” he said. “This is why I got into this job, great job satisfaction. It is a meaningful career.” Images: 7News

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Trainee nurse sprints into action to save toddler

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