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ABS revokes promise of no personal identifiers on marriage equality postal vote – politics live ABS revokes promise of no personal identifiers on marriage equality postal vote – politics live
(35 minutes later)
3.22am BST
03:22
Labor’s Andrew Leigh is the gingerbread man.
We thought the Parliament House press gallery might need a little something to keep up with the news today. Hopefully these #marriageequality cookies hit the spot! #loveislove #auspol
A post shared by Andrew Leigh (@andrewleighmp) on Aug 13, 2017 at 7:05pm PDT
3.20am BST
03:20
Barcodes on marriage postal survey forms
Paul Karp
The ABS has released a statement with new details about the postal survey on same-sex marriage.The key facts are:
Despite suggestions 16 and 17 year olds may qualify, Australians will have to be 18 or older by 24 August, 2017 to have a vote
Timeline: rolls close 24 August; forms mailed out 12 September; last day to request replacement ballot 11 October; Australians “strongly encouraged” to return forms by 27 October; responses must be in by 7 November; results to be announced 15 November
There is a promise that Australians living in remote areas, overseas,in the Antarctic, government personnel on overseas deployment, and those without access to mail (which I assume includes silent electors whose addresses aren’t on the roll) can vote - but there are no details on what the special “arrangements” are in place for them are.
Earlier I posted that the ABS has revoked a promise that no personal identifiers will be used on the ballot. This statement in effect confirms there will be an identifier, in the form of a barcode.
The ABS promises that “survey responses will be anonymous”, which it says can be achieved by “keep[ing] the identity of all respondents separate from their survey responses at all times”.
The barcode on the survey form will be used for ‘mark-in’ purposes only and is a single-use, anonymous, code. No person who sees or has any access to any completed forms will know both the name of eligible Australians and the related single-use code.”
I’ll ask privacy experts what they make of that but I think the point stands: if the barcode is unique to the individual there is the potential it can be linked to your name, address (and Yes/No response).
3.17am BST
03:17
The Oz reported Barnaby Joyce’s spokesman last month said he was not a dual citizen and had establis­hed that “many years prior to entering parliament”.
But Joyce did not go back there today in his statement. There was no mention of what efforts were made to establish citizenship “many years prior to entering parliament. (He came to the senate in 2005.)
It sounds like it might have been along the lines of “hey Dad....
3.11am BST
03:11
There has been private members bill from SA MP Amanda Rishworth in private members biz this morning. I missed this but Burke reports:
Damian Drum Nat MP for Murray just seconded a Labor motion criticising Barnaby Joyce over Murray Darling. #auspol
3.03am BST
03:03
Parliamentary Budget Office part 2
Further to the kerfuffle between the Parliamentary Budget Office, News and the treasurer’s office.
The PBO said the Labor tax grab story was not based on their modelling.
We now have a transcript from an interview between Sky’s Kieran Gilbert and the treasurer:
Gilbert: First of all the big story in the News Corp papers, the Herald Sun, the Tele and the Courier Mail relate to this Parliamentary Budget Office modelling of Labor’s tax plans. Can you talk us through it? Is this from the PBO?
Morrison:
It extends the Parliamentary Budget Office costings out just one extra year and at the last election we told the Australian people that Labor would have a $100bn extra slug on families, on small businesses right across the economy. Well, updating that now it is over $150bn when you include the small business family trust taxes, and their new superannuation taxes, you add to that their taxes on investment, their taxes on housing, lifting the top marginal tax rate. This is a six-shooter tax slug. There is a tax winter coming under Bill Shorten if he ever becomes prime minister.
Gilbert: This is using the previous PBO modelling?
Morrison:
That’s right.
Gilbert: And then extrapolating that out a further year?
Morrison:
And of course there will be further work done on these things but the point is that Labor wants to completely take the speed limits off tax in our economy ...
Updated
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2.50am BST
02:50
In the lower house, Labor is speaking on the citizenship legislation.
In the Senate, the attorney general, George Brandis, is speaking on the telecommunications regulations bill.
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02:3902:39
Re New Zealand’s amendments on citizenship.Re New Zealand’s amendments on citizenship.
@gabriellechan 1) The 1977 act as stated in act only applied to births after 1978 so no relevance to Joyce his father NZ cit under 16.1(a)@gabriellechan 1) The 1977 act as stated in act only applied to births after 1978 so no relevance to Joyce his father NZ cit under 16.1(a)
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at 2.43am BSTat 2.43am BST
2.37am BST2.37am BST
02:3702:37
The full Barnaby story via Murpharoo.The full Barnaby story via Murpharoo.
2.35am BST2.35am BST
02:3502:35
Tony Windsor on Barnaby in the Alice: “I wouldn’t rule anything out.”Tony Windsor on Barnaby in the Alice: “I wouldn’t rule anything out.”
Katharine MurphyKatharine Murphy
The independent MP Tony Windsor, who ran against Barnaby Joyce at the last federal election, has picked up the news this morning of Joyce heading off to the high court.The independent MP Tony Windsor, who ran against Barnaby Joyce at the last federal election, has picked up the news this morning of Joyce heading off to the high court.
Windsor is on a big road trip at the moment, just outside of Alice Springs.Windsor is on a big road trip at the moment, just outside of Alice Springs.
He’s told Guardian Australia it’s too early to be making any assessments about whether he would run again in any by-election triggered by a negative high court ruling on Joyce’s citizenship. He’s told Guardian Australia it’s too early to be making any assessments about whether he would run again in any byelection triggered by a negative high court ruling on Joyce’s citizenship.
But I wouldn’t rule anything out,. But I wouldn’t rule anything out.
Windsor says the whole s44 controversy has him scratching his head.Windsor says the whole s44 controversy has him scratching his head.
I think this rule is absurd. I reckon Turnbull and Shorten should sit down now and try and work this out. It really is time they tidied the whole thing up.I think this rule is absurd. I reckon Turnbull and Shorten should sit down now and try and work this out. It really is time they tidied the whole thing up.
UpdatedUpdated
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2.33am BST2.33am BST
02:3302:33
Parliamentary Budget Office denies treasurer's claim it modelled Labor tax grab figuresParliamentary Budget Office denies treasurer's claim it modelled Labor tax grab figures
There were big headlines this morning regarding a $167bn Labor tax grab purporting to be based on modelling by the Parliamentary Budget Office. I had been trying to substantiate it but was warned the PBO did not do this modelling.There were big headlines this morning regarding a $167bn Labor tax grab purporting to be based on modelling by the Parliamentary Budget Office. I had been trying to substantiate it but was warned the PBO did not do this modelling.
Scott Morrison was out this morning, selling the message.Scott Morrison was out this morning, selling the message.
This was the Tele story:This was the Tele story:
FAMILIES and small businesses would feel the brunt of a $167 billion tax hit from a Bill Shorten Labor government, according to new modelling. Families and small businesses would feel the brunt of a $167bn tax hit from a Bill Shorten Labor government, according to new modelling.
Treasurer Scott Morrison seized on the figures as proof of Labor’s plan for an “unprecedented tax grab” labelling it “the politics of envy” which would fail to lift wages. Treasurer Scott Morrison seized on the figures as proof of Labor’s plan for an “unprecedented tax grab” labelling it “the politics of envy”, which would fail to lift wages.
The Parliamentary Budget Office and Treasury conducted independent modelling of Labor’s tax plans, including its opposition to business tax cuts, move to scrap negative gearing and plans to increase capital gains taxes and change family trusts.The Parliamentary Budget Office and Treasury conducted independent modelling of Labor’s tax plans, including its opposition to business tax cuts, move to scrap negative gearing and plans to increase capital gains taxes and change family trusts.
Now the PBO has issued a statement, via Parliamentary Budget Officer Jenny Wilkinson.Now the PBO has issued a statement, via Parliamentary Budget Officer Jenny Wilkinson.
References in the media this morning to modelling being released today by the Parliamentary Budget Office (PBO) are incorrect.References in the media this morning to modelling being released today by the Parliamentary Budget Office (PBO) are incorrect.
The analysis reported in the media this morning was not conducted by the PBO.The analysis reported in the media this morning was not conducted by the PBO.
The PBO publicly released a post election report on 5 August 2016, containing costings of all of the policies that the major parliamentary parties took to the last election.The PBO publicly released a post election report on 5 August 2016, containing costings of all of the policies that the major parliamentary parties took to the last election.
In this term of Parliament, confidential costings of policy proposals have been conducted, on request, by Parliamentarians in accordance with standard practice. In this term of parliament, confidential costings of policy proposals have been conducted, on request, by parliamentarians in accordance with standard practice.
Egg meet face.Egg meet face.
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02:2102:21
ABS revokes promise of no personal identifiers on postal surveyABS revokes promise of no personal identifiers on postal survey
Paul KarpPaul Karp
The Australian Bureau of Statistics has quietly removed a promise that the ballot forms in the postal survey on same-sex marriage will be anonymous.The Australian Bureau of Statistics has quietly removed a promise that the ballot forms in the postal survey on same-sex marriage will be anonymous.
As Guardian Australia reported on Thursday privacy experts say the ABS is in a bit of a catch-22 on whether or not to include personal identifiers on ballots: include them, and it’s a privacy nightmare where individuals’ views can be matched to their census data, spoiling the secret vote; exclude them and the poll is more vulnerable to fraud.As Guardian Australia reported on Thursday privacy experts say the ABS is in a bit of a catch-22 on whether or not to include personal identifiers on ballots: include them, and it’s a privacy nightmare where individuals’ views can be matched to their census data, spoiling the secret vote; exclude them and the poll is more vulnerable to fraud.
On Thursday, the ABS issued a statement which said:On Thursday, the ABS issued a statement which said:
The ABS assures Australians that there will be no personal identifiers on the survey form and all materials will be destroyed by the ABS at the end of processing.The ABS assures Australians that there will be no personal identifiers on the survey form and all materials will be destroyed by the ABS at the end of processing.
On Friday, the ABS amended the statement, which retains the assurance to destroy all material but removes the promise that there will be no personal identifiers.On Friday, the ABS amended the statement, which retains the assurance to destroy all material but removes the promise that there will be no personal identifiers.
I’ve contacted the ABS to ask why this promise has been removed, and what information will be collected about an individual other than their Yes/No vote. Will it include a number to identify their name and address?Privacy experts have already issued warnings about including personal identifiers. Monique Mann, co-chair of the surveillance committee of the Australian Privacy Foundation, said it would be “incredibly problematic” because that would be “at odds with privacy rights necessary for a healthy democracy”.The director of privacy law practice Salinger Privacy, Anna Johnston, has said use of personal identifiers would spoil the secret vote because it can be matched to other information, including census data.I’ve contacted the ABS to ask why this promise has been removed, and what information will be collected about an individual other than their Yes/No vote. Will it include a number to identify their name and address?Privacy experts have already issued warnings about including personal identifiers. Monique Mann, co-chair of the surveillance committee of the Australian Privacy Foundation, said it would be “incredibly problematic” because that would be “at odds with privacy rights necessary for a healthy democracy”.The director of privacy law practice Salinger Privacy, Anna Johnston, has said use of personal identifiers would spoil the secret vote because it can be matched to other information, including census data.
It affects trust in government – if I want to have my say but I am concerned about my vote being linked to me and used against me in some way ... the more people fear that, the more likely they are to not vote at all or to change their answers to what they think the government wants to hear. Then you can’t trust the data [collected].It affects trust in government – if I want to have my say but I am concerned about my vote being linked to me and used against me in some way ... the more people fear that, the more likely they are to not vote at all or to change their answers to what they think the government wants to hear. Then you can’t trust the data [collected].
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2.11am BST
02:11
Botswana no, what about New Zealand?
This was a bit of a joke question to @Barnaby_Joyce just 2 weeks ago on @TheTodayShow on whether he might have any citizenship doubts... pic.twitter.com/evZodV0aDy
2.05am BST
02:05
Anne Twomey on Barnaby
I also asked constitutional law professor at Sydney University Anne Twomey about a week ago. This is her opinion, with the appropriate caveats that she is not the NZ law expert:
The crucial question would be whether, at the time that Barnaby Joyce was born, his father was still a New Zealand citizen. If yes, then Barnaby Joyce would have obtained citizenship by descent, which would have been preserved by the 1977 act. If no, then he never obtained citizenship by descent.
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2.02am BST
02:02
George Williams on Barnaby
As I said earlier, I have been obsessing over this issue since the Greens senators took a dive a month ago.
I asked constitutional law professor at the University of NSW George Williams about it a couple of weeks ago and he said he was not an expert in NZ law but he made these points on 30 July:
What I can say is that a person may believe they are in the clear when they enter parliament but the law of a foreign nation can change down the track and render them a citizen, and so in breach of section 44 of the Australian constitution. It requires ongoing vigilance on the part of a member of parliament. Ignorance provides no excuse in these matters.
The Larissa Waters situation is a case in point, as it appears that a change in the law was what rendered her a citizen.
It is also to be recalled that section 44 disqualifies both where a person is a citizen of a foreign power, or whether they are ‘entitled to the rights or privileges of a subject or a citizen of a foreign power’. The latter may be the case even where a person is not actually a citizen of the other country, but I should say that this is an area not yet elaborated upon by the high court.
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1.51am BST
01:51
Labor’s shadow infrastructure minister, Anthony Albanese, is doing a doorstop on marriage equality.
Given the breaking news regarding Barnaby, he says he was born to a single parent, which is on his birth certificate.
My circumstances ... are very clear and my birth certificate is very clear as well.
Then he gives Karen Middleton’s Albo biography a plug. His story is well known, he says. Labor has very strict processes in place, he says.
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01:46
Barnaby Joyce, July, re throwing stones @ Greens over citizenship "You bet your life the stone will come back & hit you" #auspol @australian
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01:43
Why are people so cruel?
Dear New Zealand.This may be yours.Regards,Australia #auspol pic.twitter.com/Wjiax69CeD
1.42am BST
01:42
Never tweet. pic.twitter.com/AvqiWXo5oN
1.36am BST
01:36
Bring out your dead
Dear Bill,
Feel free to nominate any Labor members or senators who might not have done their homework.
Love Mal.
PM's letter to Bill Shorten over citizenship issues. pic.twitter.com/ihBluZQgU3
1.34am BST
01:34
From the NZ government website on getting NZ citizenship:
Who can get it
If you were born overseas and at least one of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship. You can order a passport at the same time by ticking a box on the form.
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1.32am BST
01:32
Barnaby Joyce's full statement on citizenship
Last Thursday afternoon, the New Zealand high commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent.
Needless to say, I was shocked about this. I’ve always been an Australian citizen born in Tamworth. Neither my or my parents had any reason to believe that I may be a citizen of any other country.
I was born in Australia in 1967 to an Australian mother and I think I’m fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time.
The concept of New Zealand-Australian citizenship was not created until 1948. Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand government has no record of registering me as a New Zealand citizen.
The government has taken legal advice from the solicitor general. On the basis of the solicitor general’s advice, they’re of the firm view that [I] will not be found to be disqualified by the operation of section 44.1 of the constitution of serving as a member for New England.
However, to provide clarification to this very important area of the law, for this and future parliaments, I have asked the government to refer the matter in accordance with Section 376 of the Commonwealth Electoral Act to the high court sitting as the court of disputed returns.
Given the strength of the legal advice the government has received, the prime minister has asked that I remain deputy prime minister and continue my ministerial duties.
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