Monthly Archives: October 2016

The curious classification of the Kerr-Queen correspondence and other stories

Last Friday morning 14 October 2016, like Australian law and politics nerds everywhere, I was glued to my computer screen as Solicitor General Justin Gleeson SC took a seat before the Senate Committee on Legal and Constitutional Affairs.

An Honours thesis sat neglected as I glanced from monitor to smartphone, tweeting the key answers and watching aghast as Senator MacDonald boorishly dismissed the standing rule that he show respect to the witness, who is the nation’s most senior law officer who is not also a politician.

Like most people, I thought there were three matters. The first is that the Attorney General directed all requests for the Solicitor-General’s advice be approved by him (links below). This was followed by the AG telling Parliament he consulted the SG on the change. Under scrutiny, it turned out this consultation was more like a conversation. Or a question. Perhaps George asked his mate Justin what he thinks.

Attempting to blur the lines between collegiality and the formal business of government could be seen as intellectually dishonest at best.

Next was the way SG Gleeson’s advice on draft bills was represented by Brandis QC to shadow AG Dreyfus QC. In writing. According to Gleeson, his advice on a marriage equality plebiscite bill and on the (now) Citizenship Act related to earlier drafts than those which were tabled in parliament (more links below to these too).

Not to put too fine a point, but George Brandis QC is Attorney General. He told shadow AG Mark Dreyfus QC, in writing, that SG Justin Gleeson SC had advised him, and thus the government, that a majority of the High Court would reject a constitutional challenge to an act which allows the Minister for Immigration and Border Protection to remove citizenship from Australians, including children who are born here.

Children. Born here. The Minister. Peter Dutton. Their Australian citizenship. The High Court. In its original jurisdiction. Where it can strike down Commonwealth laws as unconstitutional.

Anyone tut-tutting that Gleeson appeared angry has no reverence for the law or its institutions. To not express any emotion at such flagrant abuse of democratic principle and disregard for international law would be the true wrong.

But there were four matters.

I remember hearing Sir John Kerr correspondence. I remember thinking no wonder Dreyfus is on fire if that is in the mix. Then there was a knock on the door and the BestHonoursStudentEver™ arrived and I had to drag myself away from the Senate Committee to concentrate on… well. Much the same thing really. His research is on whether the judiciary can operate as a restraint on power in the face of neoliberal overreach in the parliament, and his reading has taken him to Lord Coke asserting judicial independence in 1610.

Plus ca change n all that. But speaking of overreach, Kerr had disappeared. The other stories were too big. All are covered amply by The Guardian and others:

Brandis orders his office must approve requests for SG advice

The Attorney-General issued a disallowable instrument, of all things, directing all requests for legal advice from the SG first be signed off by him, Brandis. The horns were sounded on 3 June by Fairfax, where James Massola located other sources of ‘frostiness’:

“Several suggested the relationship between Senator Brandis and Mr Gleeson had grown frosty over matters, including the 2013 same-sex marriage High Court case, the 2015 advice Mr Gleeson provided over changes to citizenship laws and over the drafting of same-sex marriage plebiscite legislation.”

Indeed, indeed. And here we are.

As he reliably does, Richard Ackland in The Guardian provided an accessible legal explainer, warning us all that rustlings were afoot or as the headline put it, Brandis has a history of meddling… and he was at it again.

Brandis made the order in May, immediately after the brought-forward budget and immediately before the pre-announced double dissolution election over the ABCC bill. The timing alone indicates something other than an informal or routine decision.

The ins and outs of Brandis’ moves are reported with great clarity by Karen Middleton in The Saturday Paper here. Her piece includes a particular detail on the correct interpretation, according to former Solicitor General and Chief Justice of the High Court Sir Anthony Mason QC, of the Law Officers Act 1964 (Cth) s 12: Functions of the Solicitor General.

Hold that thought.

The bill to authorise a Marriage equality plebiscite

Those mentions of marriage equality and citizenship bills are not insignificant either, not least because the bills have – and ought to have – significant constituencies of interest. Marriage equality and citizenship are matters which impact, a lot, on the type of society we are and want to be. Even the anti-marriage equality debate indicates that a significant proportion of the electorate thinks this is a thing that goes to what matters in our society.

A marriage equality plebiscite, thank goodness, is dead in the Senate. There is no need to rake over in detail the coals of yet another government mess. Lane Sainty has done a sterling job, such as here. Details of the bill are at the Parliamentary Library here.

But it is worth noting that the Prime Minister will likely have to drag the plebiscite carcass to the next election. It is combined party room policy after all; and what’s a few superannuation changes for the rich between friends when we can put queer lives at risk for the sake of a puerile political compromise playing out just like the eye-wateringly expensive opinion poll to settle conservative scores that produced Brexit?

The Australian Citizenship Amendment (Allegiance to Australia) Bill

The Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Cth) did pass, with much less fanfare than the Plebiscite bill failed to pass. I wrote thousands of words on the thing, which is a dogs breakfast of xenophobia and disregard for international law.

But as is the way of these things, when a bill is passed by both major parties, there is insufficient conflict to generate media interest in the detail. So we have yet another piece of utterly unnecessary terror-mongering law to go with all the others – Foreign Fighters, Data Retention, the Military Call-Out powers that have steadily blurred the line between civil and military functions since the Howard years.

All these laws needlessly extend the authority of government agencies, from the spies to the military, to ever more brutally control us, the citizenry. Up to and including executive cancellation of citizenship from Australians, which in turn implies executive detention: a non-citizen can be imprisoned indefinitely without trial.

This is called ‘immigration detention’.

Still wondering why Gleeson was visibly angry that Brandis passed his advice off as capable of surviving a High Court challenge when a different, later citizenship bill was tabled in the parliament? Any lawyer – most people – would be livid.

Whether Australian citizens are safe from the goon squad formed by Morrison and now commanded by Dutton and Quaedvlieg also matters to what kind of society we are and want to be. Remember the blokes who trapped themselves in Flinders Street Station because Melbourne did not want armed thugs harassing brown people on its streets?

Ah yes, Operation Fortitude. Melbourne was the winner on the day.

A week went by… and finally the Kerr-Queen correspondence got a run

The Kerr-Queen correspondence story emerged independently of the Brandis-Gleeson stoush. The story is that Professor Jenny Hocking and barristers Anthony Whitlam QC and Tom Brennan are taking this matter to the Federal Court.

It goes like this. The classification of the Kerr-Queen correspondence is private or personal; despite the fact that the content of the letters is the creation of a constitutional crisis in an otherwise stable constitutional monarchy between the monarch and her representative in a member of the Commonwealth.

An official classification is subject to the 30-year rule; while personal correspondence would remain under wraps until 2027, that is, for 50 years after Kerr’s exit from the Governor-Generalship.

Writing for Fairfax, Tony Wright remarks that the classification is curious. Tom Brennan is more forthright. In his opinion titled Australia Owns its History, Brennan sets out the origin, meaning and purpose of the Archives Act 1983 (Cth) and writes that Sir John Kerr’s letters to the Queen

“were official, and not personal. They were records of the official establishment of the Governor-General within the meaning of the Archives Act and Australian law has been clear since 1983 that they were to be made publicly available pursuant to the open access provisions of the Archives Act 30 years after their creation… Mr Turnbull is determined that all proprieties will be observed in any approach to Buckingham Palace. Those proprieties require that Mr Turnbull not seek the agreement of the Palace to release of documents, the release of which is required now by Australian law.”

It is a beautiful, brief, opinion. After a nod to the etiquette of notifying the Queen of any release, Mr Brennan concludes:

“We Australians do not need to ask the British Monarch for her consent to our accessing that history: our Parliament secured that for us in 1983.”

The case is that the letters should be released because the letters are official correspondence and therefore fall within the 30-year rule, which has expired, according to the relevant statute, which is the Archives Act 1983 (Cth).

This will come down to the current classification (personal) and the correct classification under the Act (official).

Law is magic. The law could (for example) determine that on the true meaning of the Act, using rules of statutory construction, which are legal rules, that the classification is in law official, not private, despite being in fact private and not official. At the moment. On paper. Once the classification becomes official in law, it becomes official in fact too.

I know that sounds confusing, but this is why law is so intimidating. This is the power of the law, and in a principle that got an airing in the USA this week, everyone then abides by the decision and goes home. Peacefully.

Messrs Brennan and Whitlam may be seeking an order for immediate release from the Federal Court. Or an order that the National Archives correct the classification, which would remove any legal barrier to release. Similarly, Brandis could presumably oversee a classification change tomorrow. Or the National Archives could correct the error, without political interference, and the whole thing would be resolved.

That would be a lot cheaper. Running the Federal Court is costly, and there is no justification for the Attorney-General or any other politician to expend court resources on secrecy and legacy disputes.

Who cares?

Why not just put on the public record the workings of our constitutional monarchy? It is peaceful and stable, no? What is the problem? Kerr is dead, Fraser is dead, Gough and Margaret Whitlam are probably busy with those appeals from the Hague. Is it protocol? What protocol lol these are people who endorsed a constitutional coup. Is it a rule? Who will enforce it? Her Majesty? Please.

But we are talking about the Kerr-Queen correspondence. This is as much an issue as any raised before the Senate Committee on Legal and Constitutional Affairs. I will try to make this as non-boring as possible.

Firstly, the barristers are Anthony Whitlam QC and Tom Brennan. Barrister royalty. But Turnbull, who is as Sydney Bar to his bootstraps as he is anything to his bootstraps (ie nothing he won’t flick for political expediency) is stuck in lock-step with Brandis, for the obvious reason – Turnbull wants to keep his job.

Meanwhile, Brandis is locked in a power struggle with Gleeson, another top flight member of the Sydney bar. It is widely agreed that Brandis would lose this dispute on the merits. It is only political power – institutional hierarchy and backing Turnbull – that is the difference between misleading parliament and not resigning.

But that power struggle pales in comparison to the one in which Turnbull is locked. We might like to think that the fate of our constitutional monarchy over forty years ago, or safeguarding the already wrecked reputation of a dead Governor-General who acted to transfer legitimate sovereign power from an elected government to an unelected conservative party, has nothing to do with Abbott-Turnbull.

But it does. It really does. They really are like this. Why, why are they like this?

Because legacy matters. Incumbent power is the strongest force in the liberal democracies. Conservatives like to posture as the natural party of government, and obscuring the truth of their actual legacy is essential to that.

For instance, Professor David Flint offered the explanation that Kerr classified his correspondence this way to protect the Queen. As though Her Majesty requires the colonial chivalry of a dead sot from another hemisphere, an embarrassment of a representative who could not possibly have caused her anything but exasperation at best.

The classification is to protect Kerr, and Fraser, both of whom, have I mentioned? Are not alive to see it. But again, the bigger project is legacy. Outside of abusing the power of incumbency, lying about legacy – history written by the winners – is the entire conservative armoury.

This is because conservatives can not compete on the merits. Their policies and practices are abhorrent on any decent human measure. That leaves abuse of incumbent power to perpetuate meritocracy mythology, the biggest lie of liberalism, and to construct false legacy.

This in turn founds the kind of façade that projects, for example, an image of someone like Malcolm Turnbull as a credible figure of political leadership. Yet the evidence of his leadership – of the Australian Republican Movement (ARM), of Her Majesty’s Loyal Opposition, and as Prime Minister – show that he is anything but.

Speaking of the ARM and Prof Flint – best known for heading up the group Australians for a Constitutional Monarchy – Tony Abbott updated his register of interests this week to record his appointment as a patron of the Australians for a Constitutional Monarchy. Turnbull and Brandis are going to ask the palace. Abbott is flexing his monarchy muscles. But it was all so long ago? Don’t believe that line.

We may want to think our leaders are not as engrossed in their own ego struggles while collecting huge salaries on our coin to run the country. But the evidence is available. Who was proclaiming victory at the NSW Liberal Party convention today? Abbott, and also Turnbull. Who was collecting big bucks to run the country and New South Wales while plotting and scheming over internal party politics?

In contrast, who drafted a decent bill, negotiated cross-bench support, governed a policy area competently, passed a budget? Anyone? Or did the ruling party faff about and accidentally vote with the Opposition to call itself to account? The Liberal Party call itself to account? Are they joking?

This government has not yet passed a budget. Now check out the deficit. The one that was a disaster at less than a third of the size. But there is plenty of time and resources to protect legacy and party room numbers. Of course there is.

There is a take-home message here.

The Archive Act was passed in 1983. What does that say?

It was the year Labor regained power from Fraser, the day that government was finally won back from Kerr’s cur, a little over seven years after Kerr wrote to the Queen and sought advice from Anthony Mason and then did what no Governor General ought to do.

Conservatives: the natural party of government who create constitutional crises to seize it.

An Archives bill may seem a strange priority, but Labor was on to it. Immediately. They won government, they moved on legacy. Labor did this legitimately. It is how government is supposed to be done: win an election, pass a bill into law. Of course Labor had one eye on legacy and why not? What political party does not, especially after a bruising like that?

Here is the thing: the archives law governs all official documents and when they are released. This is how law is supposed to work: all equal before it, nobody above it. It is the most fundamental principle of democracy, the rule of law itself, a government of laws and not of men.

In contrast, tricky and inaccurate classification of a particular set of documents, which will reveal (yet again) the character of one man, does not uphold the rule of law. It protects an individual. This is the difference between the two major parties. Social democratic ideology, by definition, places the social good above the individual benefit. Conservatism, and its bastard offspring neoliberalism, does not.

There is no reason to ever agree with conservatives like Abbott or Brandis who wax lyrical on convention and tradition – which is always, and only, self-serving. That is the individualism coded into their own founding ideology. On the other hand, the passing of the Archives Act 1983 (Cth) was smart, and it was timely. It is legitimate, and it ought to be obeyed by the incumbent Commonwealth government.

There is every reason for the Federal Court to grant the orders sought by Professor Hocking; and there is every reason for Labor to show that it is committed to social democratic principle which, on the historical record, it has been prepared to uphold.

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I can’t sleep. I blame Turnbull. I am only half joking

Dear Diary,

Today I reviewed the Learning Guide to the compulsory first year Torts unit so the unit I am running over Summer School – Advanced Torts and Civil Wrongs – will not duplicate earlier content.

Then I liaised with the first year unit co-ordinator so the advanced unit will be interesting and fit the expectations and interests of the elective class.

After that I worked with the faculty administrator to book the Moot Court for oral presentations from 4 January 2017. This was very time consuming because the university administration and faculty staff are not in agreement as to whether we should return to work on 4 January. As a casual employee, this is of no moment to me: if I am there I am paid, if I am not, there is no income to feed my children. But I can not finalise the assessment requirements for the unit I am running until these details are sorted by those who enjoy holiday pay and sick leave and long service entitlements and what-not.

Of which I can only dream, but whatever. No doubt all the meeting time spent on whether or not 3 January is a paid leave day or something has been an efficient use of education resources. But I was talking about me and what I did today.

Dear Diary

Today I tutored for five hours under the ITAS program (Indigenous Tutorial Assistance Scheme), a job that brings with it the joy of working with a Gamilaraay woman who is going to be a top lawyer one day. This is the program that Tony Abbott promised to abolish as part of his commitment to Aboriginal and Torres Strait Islander people under the Indigenous Advancement Strategy (IAS) that saw millions of dollars allocated to white organisations to perpetuate colonial and charity-based models to “help” Aboriginal people. I didn’t really have the time for this job but an auntie asked me and the student is great and now it is not a job but a human relationship and besides here is a Gamilaraay woman future law graduate who is committed and awesome and when my kids come in from school they recognise immediately that we are working and studying and that matters and what if the funding is cut before she graduates?

In the hours before and after ITAS tutoring I marked 10 property law assignments on the scope of Native Title after Akiba v Commonwealth (2013) and I’m happy to say that most of my students seem to have a comprehensive grasp of Aboriginal and Torres Strait Islander peoples’ rights and interests in land and sea including for trade and thus commercial purposes under the NTA 1993 (Cth) as amended. Makes ya proud that does.

Like every other day, I am also responsible for three lives – my two teenagers and I – my oldest offspring lives independently – our food, our housing, our moral code, our education and health. Where would we be without endowment and Medicare I hate to think. Today, that meant little more than cooking dinner: my kids are pretty independent these days. It so happened that one teen offspring arrived home with not one but two friends, who simply had to stay mum, and can we have some of that stew? Well, duh. Why would I make a pot of stew if not for people in the house to eat it?

This is my way of saying that for the past 25 years I have done paid and unpaid work, I have paid my rent or mortgage and taxes, done what my employer expected, conformed to what society demanded – singularly, in my case, but that is not ignore two-parent families – taken responsibility for the welfare of human beings I brought into the world….

Imagine then, my joy, when I heard about the second reading amendment today.

That my efforts in the paid work sphere, which net considerable tax receipts for the federal and state governments these days, me not being in a position to off-shore my tax liabilities, and of a disposition that I would not wish to, given that I think universal education and health care are universal goods, so I end up contributing to the half-million-dollars-plus per year, in salary alone, not to mention expenses and costs, to a bloke with over $200 million in assets, who to all intents and purposes appears incapable of organising a piss-up in a brewery.

Imagine my joy, by which I mean imagine my incandescent rage, as a person who nets less than 20% of the Turnbull public purse remuneration, when I hear Christopher Pyne refer to “a series of events that led to this outcome and it is a pity”. That would be the same Christopher Pyne whose judgement is so meritorious that we not only pay him a 6-figure salary but also sign off on his authority to employ, on a $150K pa salary, a senior ‘innovation’ advisor who lacks the insight or judgement on whether or not to strip to his dacks and insult the flag and thus the nation of Malaysia when out and about with his equally expensively remunerated mates.

Have I mentioned? Reward for merit is the most desperate lie of liberalism.

The “series of events” Pyne referred to was a proposed amendment to a second reading speech on a bill in the House of Representatives. The “outcome”, the one which “is a pity” was the vote that saw the government vote for an Opposition amendment to its own bill.

A vote. In the House of Representatives. That would be where the party with a majority forms government. Not to labour the point hur hur but if voting in the House of Representatives on their own Bill is not their day job, why am I sending a third of my income to the ATO to accommodate these people in Canberra and remunerate them to the tune of at least five times my annual income when I can competently perform the tasks entailed by my job yet they can not competently say ‘aye’ or ‘nay’ on cue?

What. Is. The. Point. Of. The. Turnbull. Government?

Today, Malcolm Turnbull lectured us in front of the Singaporeans on the rule of law.

Today, Malcolm Turnbull conceded a position on the NBN Committee to Pauline Hanson – because she asked him to.

Today, a former Solicitor-General – utterly tastelessly – compared the current Solicitor-General to a dog on a leash.

Today, the Attorney-General doubled down on his misrepresentation of advice from the Solicitor General with respect to laws that embody the bigotry of this government: the Australian Citizenship Amendment Act 2016 and the proposed Bill on a marriage equality plebiscite.

Imagine being a good lawyer – an impeccably-credentialed, beyond-reproach, top of executive government lawyer – and see a man like George Brandis misrepresent your legal opinion on what a majority of the High Court would do with regard to a possible future constitutional challenge to a bill as being advice with regard to a different, later version of the bill (a grossly xenophobic and racist bill).

As though Solicitors-General go around giving advice on what the High Court might do in its original jurisdiction lightly. As if such legal opinions are the playthings of the Attorney General. Brandis is abominable.

The Turnbull government made history today because no government in the history of federation – a very short history, a mere 116 years – voted against itself in the house where government is formed.

In the words of the leader of the House… what a pity.

Abuse of power is systematically rewarded

‘Move him upstairs?’ is a sentiment from the acutely observed BBC series ‘Yes, Prime Minister’. It is a tip of a line which conveys an iceberg of British culture.

‘Upstairs’ is the House of Lords, where governments send inconveniently misbehaving blue blood or otherwise powerfully connected men. It is a tool in the meritocracy mythology toolkit.

Reward for merit is the most desperate lie of liberalism.

Say some Tory – they are almost inevitably conservative white men – a politician or judge or banker, for instance – is caught in a tabloid scandal. It is the family values guy sending pictures of his penis to young women. The sanctimonious homophobe snapped leaving a gay club. The misogynist judge who waxes lyrical on how women are responsible for rapists. The fetishists and embezzlers and fraudsters and thieves, engaging the services of a bondage madam, charging the taxpayer for the wedding travel, or the helicopter transport to a party fund-raiser.

But the political leadership does not need the headache. The ludicrous hypocrisy, the sleazy and often criminal creepiness, are seen as a distraction from the latest announceable. This is what passes for government under neoliberalism. An endless string of reactions, distractions or announceables: an inquiry here, a defence contract there. Some other vapid unoriginal tried-and-failed effort to hold unaccountable power to account –  a tribunal, a committee, a commission.

One solution, a kind of predecessor to the dead cat, is to reward these transgressors for something else. An OBE for services to justice, for example, or a knighthood for outstanding contribution to the financial community. Hide him in plain sight, because the caravan will move on soon enough.

The caravan always does.

This technique is not funny, and it is not clever. The well-connected transgressor is not hilariously embarrassing; he is a drain on society, a wrongdoer whose reputation is treated as of greater value than the actual lives of minor offenders such as a drug addict or petty thief.

Take the idiot Australians recently returned from Malaysia. The privilege of their whiteness and maleness is not defined by the internet of things, as one major newspaper implied today. White male privilege is real and it is dangerous. It is violent and harmful. It plays out at every level of our society.

For example, two of the three police officers investigated by the Western Australian coroner over the death of Ms Dhu have been promoted. They have more responsibility than when they not only failed to ensure adequate care for a dying woman but expressed viciously nasty racist views directly to her as she died.

They are now on a higher salary. Move them upstairs.

As The Saturday Paper editor Erik Jensen observed, anyone expressing surprise at the boorishness of private school- and sandstone-educated white men does not know how privilege works. Rich white guys are trained to behave in exactly this way. The young ‘gentlemen’ of all-male institutions like The Kings School and the residential colleges of the University of Sydney are routinely schooled in consequence-free crassness; and have been for centuries.

It is another inheritance in this country from the toxic British tradition. The Kings School is a wannabe Eton, Sydney Uni is our Oxford-equivalent. The father institutions produce the Camerons and the Bojos, incompetent to a man. Their incompetence is not least because no mistake, no matter how monumental, ever results in lessons learned – except perhaps in how not to be caught; or in how to throw other people’s money at crisis-managing the next terrible, dangerous, destructive decision.

Stirring up racist violence to win an unnecessary referendum designed to resolve internal conservative differences which wiped up to three trillion dollars off global financial markets? A promotion to a senior cabinet position awaits. This is not to suggest that global financial markets are not riddled with corrupted dealings – of course they are – but has David or Boris paid any kind of price for the mess they made? Are they destitute? Condemned? Disgraced?

Nope. For a campaign demonstrably founded on racist hate, Bojo was promoted to Foreign Secretary. That’s how it works. Cameron has for the moment gone home to his luxury mansion, free to get on with whatever he chooses to do. Who knows, he could do a Tony Blair and end up being paid millions to speak on peace in the Middle East. Wreck havoc, pose as the solution instead of the problem.

Look at Joe Hockey, ensconced in the most prestigious diplomatic posting in the gift of the Australian Prime Minister. For what? Contributions to Treasury governance? Hardly. For agreeing to go quietly in an internal conservative power struggle. Like Cameron.

Or is Washington the second top post? Word is our man in London, Alexander Downer, could make way for George Brandis at the UK High Commission.

Downer lived there as a child, bless, when daddy held the position. Downer is also the former conservative Howard government Foreign Minister who presided during the corrupt wheat-for-weapons dealings by Australian entities in breach of UN sanctions against Iraq while we were at war there. Talk about reward for merit.

Brandis is the conservative Attorney General who has chanced his luck with fibbing about a meeting with the Solicitor General, a Senior Counsel of impeccable credentials who is angry enough to have made his displeasure public.

Send them upstairs.

Then there is John Howard, neck-deep in reviving the legacy of Menzies, a man who had to be stopped by unionised labour from selling iron to Japan as Japan was seeking to take Australia by force.

Nothing stops this white-washing drivel. Howard and his pet project are endlessly, tediously promoted, for free, all over the media. Hours of airtime on the national broadcaster is not quite a seat in the House of Lords. But it does go to legacy, which conservatives value as much as power, knowing the two are essential to maintain their born-to-rule mythology.

Mall this is on the same spectrum as the men who embarrassed the government and the nation this week in Malaysia. As many commentators have pointed out, it is not that these men do not know what they are doing is out of step with everyone around them. It is that they do not care.

They are not ignorant. They are arrogant.

The father of former senior defence industries “innovation adviser” John Walker told the waiting media that the ‘boys’ – all in fact men who have been adults for between 7 and 11 years – will now go home and get on with their lives. Indeed they will. And not one of the protagonists will see anything wrong with that.

(The Sydney Morning Herald reported at 9.15pm Saturday that Walker junior has tendered his resignation and minister Pyne has accepted it. Expect to see Walker on a similar or higher salary somewhere sometime soon.)

Walker senior also told us ‘there was no charge’. This is not true. The charge was public nuisance, and his son along with eight mates pleaded guilty to the charge. Their connections – called ‘remorse’ in the law and the media – then saw no conviction recorded, so the offender does not end up with a criminal record.

Tony Abbott availed himself of the equivalent provisions in NSW at a similar age.*

We can safely surmise that Walker senior knows his son was charged, and with what offence. Given he was there in Malaysia and there in court and all. Nevertheless, Walker senior has – oops – confused the case outcome with his son never having been charged in the first place. In this rarefied world, ‘there was no charge’ is code for ‘they did nothing wrong’.

It is worth noting that Aboriginal people have died in custody for less – singing ‘who let the dogs out’ in earshot of a policeman; being a victim of domestic violence with unpaid fines.

We could power the world and feed the hungry with the resources which are currently misallocated to exonerating men who are recipients of reward-for-merit (ie fuckup). Men who should – but will not – live out their days in penury and despair for their miserable actions.

A couple of forces are at work here. The first – previously mentioned – is deep and deeply harmful emotional and financial investment by liberal ideology in meritocracy mythology.

Another is the Great Man in History myth. Which is (falsely) tempered by the equivalence of the flawed human. Only men can be great, but all humans are flawed. This shallow but convenient equivalence is deployed to fallaciously refute the obvious. Churchill or Turnbull (or whoever) is not great. He is a drunk or a fake (or whatever).

When this is pointed out, the dominant narrative shrugs metaphorically and says oh we are all flawed. Who among us is not? Let he who has not sinned…

The narrative is upside down. People raised in environments epitomised by Eton or Oxford are more likely to be deeply flawed. Such a system produces terrible characters. People who start wars. Interfere in others’ wars. Send other people’s children to fight those wars. Create material conditions that perpetuate imperialism and poverty and displacement. Financial crises from which they but not the poor escape.

People not raised in these toxic institutions may have been just as deeply flawed as a Bojo or a Walker, but we will never know. This is because the elite male has so much more capacity to do harm. I can not send another person’s child to war, whether I want to or not. Tony Blair can. John Howard can. Abbott certainly wanted to, and it is his legacy that has seen the Royal Australian Air Force implicated in a war crime.

So enough with the trivialisation of Walker and his mates. The nickname is not funny. White male privilege is not a figment of the internet. The men may have had no conviction recorded, but they pleaded guilty and their plea was accepted by the court. They are, by their own admission, guilty of the charge that Walker senior tried to talk away. They are dangerous, because the message as represented by the literal and figurative father tells them they did nothing wrong.

What really matters about all this is that the ranks of the current ruling party are awash with this demographic; and that the Liberal Party is utterly incapable of reforming itself out of this ugly culture.

*Abbott was also charged with indecent assault for groping a young woman between the legs. I wrote this post before the latest news from the US and do not want to risk trivialising the allegations of Trump’s sexual criminality. For the record, millions of women are sharing similar stories right now; and characterising individual, powerful men as monsters is to miss the point.