To my mind this raises the question as to whether …

Comment on Code of conduct allegations ‘vexatious, frivolous’ – councillor by Alex Nelson.

To my mind this raises the question as to whether Jimmy Cocking and other councillors have been subjected to an act of defamation.
Resorting to my old trusty Concise Macquarie Dictionary, I found the following definition of the word ‘defamation’: “the wrong of injuring another’s reputation without good reason or justification; calumny; slander or libel.”
It seems to me that the complaint which has led to the code of conduct process, which has been found to be “vexatious and frivolous,” may fit that definition.
If an offence of this nature has been committed, then it begs the question as to the legality of covering up the identity/ies of the complainant/s.
Is it appropriate for government, or an arm of government, to rely on confidentiality to frustrate the possibility of holding a person or persons to account for their actions if they might possibly be in breach of the law?

Alex Nelson Also Commented

Code of conduct allegations ‘vexatious, frivolous’ – councillor
@ InterestedDarwinObserver (Posted November 22, 2018 at 10:22 am): You are correct to state the Australian Constitution refers only to the Commonwealth (Federal) Government and the States.
However, local government was established in the various colonies prior to federation and remains a state-based responsibility.
This included the Northern Territory when it was controlled by South Australia, which established a council for the town of Palmerston (Darwin) that was subsequently “inherited” by the Commonwealth when it took control of the NT in 1911 (this council voted itself out of existence in the late 1930s).
There have been two referendum questions put to the Australian people with regard to local government.
The first was in May 1974 when the Whitlam Government sought to gain the power “to borrow money for, and make financial assistance grants directly to, any local government body”.
The second question was put by the Hawke Government in 1988 “to recognise local government in the Constitution”.
Both questions were lost.
Two decades ago I queried the validity of local government in the Northern Territory, given that the Commonwealth has no powers for local government under the Australian Constitution, and that the NT Government derives its powers in turn from the NT Self-Government Act which is a Commonwealth law.
The ACT, which has a much larger population than the NT, has no local government – there is no Canberra City Council or Mayor of Canberra.
A constitutional lawyer directed my attention to section 122 of the Constitution: “The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit.”
There’s no doubt about the legitimacy of federal representation of the NT but the question of whether this power extends to the creation of local government in the NT as valid still nags at me.
It’s a constitutional question that ultimately can only be resolved by the High Court of Australia, but that’s dependent on this matter being referred to the court for adjudication – and clearly nobody is prepared to do it.
However, as recent experience with several cases involving section 44 of The Constitution has shown, the Statute of Limitations has no application to constitutional law.
To my mind, the validity of local government in the NT hangs over our heads like the Sword of Damocles.


Recent Comments by Alex Nelson

Centre of attention: Glory days of Anzac Oval in the 1950s
@ Peter Bassett (Posted February 19, 2019 at 7:33 pm): Appreciate your comment, especially about the old high school, Peter.
Contrary to what has been reported in the some media, the old school building is a very well constructed building with enormous inherent heritage value.
There has been – and is – a deliberately false and misleading campaign initiated by the NT Government, amplified by vested interests through a complicit and compliant print media, to denigrate the worth and value of that old education complex.


From mud, dust to grass: The beginning of Anzac Oval
@ Dr Ongo (Posted February 14, 2019 at 8:08 pm): You raise an interesting point; however, your observation applies equally well to other listed heritage sites, eg. such places as the Alice Springs Telegraph Station, Alice Springs Heritage Precinct (including Stuart Park, old hospital, old Alice Springs Gaol, and several houses in Hartley and Bath streets), and the Hermannsburg Historic Precinct.
There are histories, stories or law applicable to all of these places since time immemorial but other than to acknowledge previous Aboriginal occupation or use of such sites, I’m not qualified or knowledgeable enough to comment about them.
In regard to “untyeye that once grew there” at the Anzac Oval site (referring to corkwood trees – Hakea divaricata), only one still survives just inside the boundary near the Senior Citizens Club. It’s the same tree on the right of the photo, framing the new school, taken by Prue Crouch’s father in the early 1950s.
The heritage statement for the nomination of Anzac Oval does state: “The Anzac Oval Precinct contains several sacred sites.”
Thanks for your comment.

 

Corkwood


Home owner bonus: New build sector bleak, says CLP
The situation generally in the Northern Territory is giving every indication that it’s rapidly spiralling out of control.
I suspect the NT Government’s reactions are too little, too late; and this latest scheme will likely end up being home owner bogus rather than bonus.


West Macs fire mitigation critically inadequate: Scientist
Such a shame, Steve, that we’re unable to harness your sprays to put the wildfires out.


Government fails to protect major tourism asset
My recollection is that the major wildfire years in the earliest period of this century were 2002-03, and again in 2011. Both of those periods closely followed years of exceptionally high rainfall (2000-01 and 2010 respectively).
This isn’t unusual in itself – there were significant wildfire years in 1968 (following the breaking of the drought in 1966) and in 1975 (following 1973-4, the wettest period on record in Alice Springs).
What’s different now is that this major wildfire event has occurred after a very dry year, with a record set at Alice Springs in 2018 for the longest period without rain being recorded, although (as I recall) this wasn’t the case further west of town.
In the last few years, I’ve had the opportunity to travel west and east of Alice Springs a number of times and also to fly frequently to Darwin and back with clear views of the area around town.
The clear impression I’ve gained on every trip is the extent and dominance of the spread of buffel grass in the ranges.
It’s like a blanket hugging the ground as far as the eye can see. It’s spread is overwhelming, and the ecology of this region is forever changed.
There are often comments about the need for protecting Alice Springs from major floods but that’s the least of our worries.
It is major wildfire that poses the most serious risk to our town, and the recent disaster in the West Macs demonstrates this risk can occur at any time.


Be Sociable, Share!