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Rugg case against Ryan returns to federal court
Paul Karp
Sally Rugg’s case against MP Monique Ryan and the commonwealth has returned to the federal court. Rugg is seeking an injunction to keep her job, pending a final hearing.
Rugg’s counsel, Angel Aleksov, told the court on Friday that Rugg was “pushed or jostled” into resigning on 23 December.
Aleksov said that Rugg’s letter of resignation “did not” terminate her employment, because Ryan “did not accept its immediate effect”, but purported to give it effect on 31 January.
He said:
We say that combination of those circumstances is that termination of employment didn’t occur on 23 December when the letter was furnished. It only occurred when given effect to, which we say was a constructive dismissal, on 31 January. That date was extended by undertakings to 5pm today.
So, Rugg’s counsel is arguing that she is still employed, in order to support getting an injunction to keep her in the job.
Key events
Daniel Hurst
Richard Marles’ press conference was called to announce “that 9 Squadron of the Royal Australian Air Force is being re-formed after a break of 34 years”.
But it quickly turned to other matters. The defence minister cited Australia’s supply of rapidly assembled cardboard drones to Ukraine as “an example of Australian ingenuity”. He added:
In respect of the cardboard drones, that is a very cool technology, which is seeing service in Ukraine right now, it has been developed with the assistance of the government, and we’ll continue to work with the government of Ukraine to see about its ongoing usefulness – and they certainly are very excited about it.
Marles reiterated that an unclassified version of the defence strategic review – and the government’s response to it – would be released in April (as he announced earlier this week). This is separate from the Aukus nuclear-powered submarine announcement, which is expected in coming weeks. On the submarines, he said:
And it does involve a really significant hardening of security in a physical sense with buildings and fences and the like but also in an IT sense around the information which goes with that. And we’re very cognisant of the challenge that’s involved in that. The announcement that we will make will talk about the way in which we intend to meet that challenge. And I think there is a high degree of confidence within both United States and United Kingdom about Australia’s ability to do that.
Guardian Australia revealed last week that the Australian government had imposed strict new security rules at the Adelaide site where nuclear-powered submarines will be built, as part of the latest moves to reassure allies that sensitive military secrets will be protected.
At today’s press conference today, Marles also said decisions on the infantry fighting vehicle project – known as Land 400 Phase 3 – were being handled by the defence ministry minister, Pat Conroy. Marles said he did not have any personal conflict of interest, but because one of the tenderers is based in his electorate it was “it is the right thing to do to have Minister Conroy bring that program forward – and it’s very much in his hands”.
Paul Karp
Sally Rugg’s counsel, Angel Aleksov, has revealed that one of the reasons that Monique Ryan lost confidence in her chief of staff was because Rugg travelled on an aeroplane with Covid.
Aleksov said that Rugg received a “formal warning about travel with Covid” and Rugg’s affidavit explained that the reason was that it was “on doctor’s advice”.
Justice Debra Mortimer said this is “going into submissions about why Ms Rugg, when she had Covid, travelled on an aeroplane”.
Aleksov said he is trying to show why travelling with Covid was not a “major factor” in loss of trust between the pair. Justice Mortimer said that Ryan’s position was “not irrational”.
This back and forth is Aleksov trying to show that Rugg and Ryan could still work together, which is airing fresh details about the breakdown in their working relationship.
Daniel Hurst
Marles ‘not comfortable’ with new office
The defence minister, Richard Marles, says he is “not comfortable” with his department’s decision to spend $800,000 on an upgrade to build a new office for him at Defence headquarters in Canberra – and he won’t occupy it.
Today is not the first time we’ve heard about this issue – or the fact that Marles did not plan to occupy it – but Marles was questioned about it at a press conference in Avalon, Victoria, after the release of new documents under freedom of information laws.
It surrounds the creation of an executive suite on level 5 of Defence headquarters in the Canberra suburb of Russell – to replace his existing office on level two.
News Corp reported that the work had been done, complete with Marles’ embossed name on the door. It also reported that FOI documents showed Marles’ chief of staff wanted to know how the expensive work could have happened without “any knowledge or consultation with our office” and wrote:
The deputy prime minister does not need nor did he request an office be purpose built for him or any other minister.
Marles told reporters today he “wasn’t told that this was happening before it happened”. Marles said he did believe it was important for him to have an office to use when at the Department of Defence, but he was happy with the existing one rather than the new ministerial suite:
The office that I occupied had a couple of thousand dollars spent on it to refurbish it to allow me to occupy it and I’m really comfortable with that. I’m definitely not comfortable with what was being proposed, and so that’s not an office that I intend to or have occupied …
I didn’t ask for that [expensive] office. I wasn’t advised that that was what was going to happen. I’m not going to occupy it. I’m really happy to occupy the office that I do, which was refurbished at the expense of a couple of thousand dollars on one of the lower floors of Russell.
Paul Karp
Justice Debra Mortimer has cast doubt on whether it would be convenient to order that Sally Rugg keep her job pending the final trial.
Mortimer said Rugg is “inviting the court to supervise” her working relationship with Monique Ryan or else letting her keep her job is “simply unworkable”.
Mortimer questioned how “two people who have different views” about what reasonable hours are can be “ordered to continue to work together”.
Rugg’s counsel, Angel Aleksov, said that Rugg was not “work-shy” and had offered to do community engagement work requested by Ryan, provided that tasks are reprioritised and some of her other duties are given to other staff.
NSW bans no-grounds evictions
No-grounds evictions are set to be banned in NSW, along with a host of other initiatives intended to support struggling renters.
At a press conference this morning, NSW premier, Dominic Perrottet, confirmed that his party would push through changes that would roughly align with proposals from Labour and the Greens, cementing changes as the election looms.
The Coalition has proposed a “reasonable-grounds” model for evictions for periodic leases, as well as extending notice periods for the end of fixed-term leases from 30 days to 45 days, introducing optional longer lease agreements of three or five years, a portable bond scheme and regulating data-collection from renters.
Perrottet told reporters the measures would offer protections to renters across the state, amidst a stinging rental crisis:
These new measures will provide even greater certainty and flexibility for nearly a million renters across NSW.
We are supporting renters to get into housing in a fairer way, without stressful bidding wars where people get pushed beyond their comfort levels.
Our ban on solicited rent-bidding is already improving affordability for those looking for rentals.
For background on this story, from Guardian journalist Stephanie Convery:
Paul Karp
Rugg’s wage didn’t justify 70-hour weeks, counsel argues
In the federal court, Sally Rugg’s counsel, Angel Aleksov, is going through her terms and conditions of employment.
Aleksov said that despite the “day-to-day” description of Rugg’s role as Monique Ryan’s chief of staff, she was paid in the mid $130,000-$140,000 range, which the enterprise agreement “treats as a non-senior role”, less than half what some staffers earn ($270,000).
Aleksov notes there was also a payment for additional hours, but argues these still had to be reasonable. As an example, he said five additional hours a week might be reasonable for a staffer who didn’t take the payment, while 15 may be reasonable for someone who did.
That payment could be worth $32,000, which Aleksov says is in the range worth eight to 10 hours extra work a week, as a proportion of staffer salaries.
Rugg’s case is essentially that, even if staff take the payment, there is not an unlimited number of additional hours they can be asked or required to work.
Aleksov said that Rugg worked 70-hour weeks, exercised a right to refuse unreasonable additional hours, and was the subject of “retaliation”.
He said:
“Ordinary human experience tells us that payment of $130,000-ish with a $30,000-ish top up doesn’t justify working 70 hours a week, week-in week-out.”
Benita Kolovos
Derryn Hinch winds up Justice party, urges supporters to ‘maintain the rage’
Former senator Derryn Hinch has announced the end of his political party after it was wiped out of the Victorian parliament at the November state election.
Hinch first entered federal parliament under the banner of Derryn Hinch’s Justice party in 2016, with three MPs following him in the Victorian parliament at the 2018 election, though Catherine Cumming quickly defected to sit in the upper house as an independent.
Hinch lost his Senate seat in 2019. At the 2022 state election, he made a failed attempt to enter Victorian parliament, while MPs Stuart Grimley and Tania Maxwell were not re-elected.
In a Facebook post earlier this week, he announced he would be formally deregistering the party:
This is one of the saddest moments of my life. I am announcing the end of the Derryn Hinch’s Justice party. We aspired to much and achieved a lot. One seat in the federal Senate and then three seats in the Victorian upper house. All have now gone. To be blunt, there is no point in the party continuing to exist. Our (and your) commitment has cost a lot in time and money since I launched the DHJP in September, 2015.
Hinch thanked Grimley and Maxwell, as well as their staff, saying they should be proud of what they achieved.
Personally, even though the Justice party will no longer exist, I shall publicly (and privately) keep fighting over perceived wrongs and real injustices. You never give up. Thanks to all our supporters over more than seven years. Maintain the rage.
Caitlin Cassidy
Data reveals discrepancy in student-teacher ratios
Public schools teachers are under pressure, with higher student-teacher ratios than private schools across Australia, new data shows.
The data, released by the Australian Curriculum, Assessment and Reporting Authority (Acara) found the full-time equivalent student-teacher ratio is 12.8 for private schools – including Catholic and independent – and 13.6 for government schools nationally.
The split is most striking in secondary schools, where the student-teacher ratio is 12.4 at public schools compared with 10.5 at independent providers.
The Greens said the results were due to decades of underfunding of public schools that has led to a widening gap between private and public schools.
Greens spokesperson for schools, senator Penny Allman-Payne:
To attract more teachers to public schools and provide a world-class education for our kids, governments must properly fund all public schools and pay all public school teachers more.
Right now, nearly every public school in the country is receiving less than 100% of the Schooling Resource Standard (SRS), which is the minimum funding level required for students to achieve the minimum standard.
“The government wants to roll out a PR campaign to raise the status of teaching, and that’s great. But if there’s anybody that can see through being given a gold star, it’s teachers – we invented it.
Education minister Jason Clare has committed to ensuring every school reaches 100% of its funding under the SRS.
Allman-Payne said funding to private schools had increased at five times the rate of funding to public schools.
Australia has one of the greatest education funding inequality gaps in the OECD. This needs to be reversed.
There’s no point in trying to cajole more teachers into the profession when public schools are underfunded, pay and conditions are going backwards and morale is low.
Rugg case against Ryan returns to federal court
Paul Karp
Sally Rugg’s case against MP Monique Ryan and the commonwealth has returned to the federal court. Rugg is seeking an injunction to keep her job, pending a final hearing.
Rugg’s counsel, Angel Aleksov, told the court on Friday that Rugg was “pushed or jostled” into resigning on 23 December.
Aleksov said that Rugg’s letter of resignation “did not” terminate her employment, because Ryan “did not accept its immediate effect”, but purported to give it effect on 31 January.
He said:
We say that combination of those circumstances is that termination of employment didn’t occur on 23 December when the letter was furnished. It only occurred when given effect to, which we say was a constructive dismissal, on 31 January. That date was extended by undertakings to 5pm today.
So, Rugg’s counsel is arguing that she is still employed, in order to support getting an injunction to keep her in the job.
Government housing plan means erosion in affordable in housing, Greens say
The federal government’s housing plan will result in a half a billion dollar cut in housing funding over the next decade, analysis by the parliamentary library provided to the Greens has found.
The research showed under the Housing Australia Future Fund plan, the value of payments for social and affordable housing will be eroded by $515m by 2033.
Under the government’s plan, $10bn will be invested with the Future Fund, with returns to be invested in social and affordable housing. Spending on housing will be capped at a maximum of $500m each year, with no indexation, which means a real term cut in housing funding every year.
The Greens say the impact of this lack of indexation means that in real terms the maximum funding available will have fallen to $400 million annually by 2032, or a cumulative total of $515m lost over the next ten years.
With the Coalition opposing the legislation in the House, it’s likely that Labor will need Greens support to pass their plan through the Senate.
The Greens party room has agreed on a set of negotiations including a minimum of $5bn invested in social and affordable housing every year (indexed to inflation) and removing the $500m cap, a national plan for renters and freeze on rent increases, a doubling of rent assistance and a $1b investment in Aboriginal Housing over five years.
Max Chandler-Mather, Greens spokesperson for housing and homelessness:
Labor’s housing bill locks in half a billion dollars in real term cuts to housing funding over the next decade, does nothing for renters, and will see the shortage of social and affordable housing get worse, that’s not a housing plan, it’s a disaster.
We would never accept real cuts in funding for schools and hospitals every year, and we shouldn’t accept that for housing.
NSW government enters caretaker mode ahead of state election
Get excited, New South Wales – there’s a state election coming!
From today, the NSW government has entered the caretaker period, which basically means no major decisions, appointments or contracts will be entered into as the campaign ramps up – and no political material will be posted across the state government’s socials.
The period runs from the dissolution of the Legislative Assembly until the election result is clear and we have a winner.
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