Hidden away in his report on the Trades Unions Royal Commission is the wonderfully written “Recommendation 60”.
However, Australian Law does not seem to have the same limitation.
From a submission ( http://www.hcourt.gov.au/assets/cases/s8-2011/Haskins_AGWA.pdf ) by the WA Government to a High Court case in 2011 come the following paragraphs.
So, accepting that US Law is not applicable in Australia, it does still raise the question. Bills of Pains were instituted in England in the 1500’s and is it reasonable to use it 600 years later in the Australia of the 21st Century?
JUST A THOUGHT
It may seem quite reasonable in a particular case for a Government to declare some people “Not fit and proper persons” and to force them out of an organisation even though it has not been possible to convict them in a Court of Law.
If you are Grocon Pty Ltd it may seem perfectly reasonable to find ways to remove the CFMEU from your list of obstacles. If you are a Coalition Government, it may seem reasonable to remove the skillsets at the head of the CFMEU and so cause pain to your political opponents. Perfectly reasonable and relatively harmless to the general population. Especially if it is not blown up out of all proportion by the main stream media.
Yet it is worth looking at an extension of Dyson Heydon’s Recommendation 60.
We do not have, thank goodness, the Prime Minister who created TURC and appointed its head in power at the moment. Although there are moves afoot to – – – never mind, look away, nothing to see here!
Anyway, should the Coalition chose someone similar to lead it, then the way is open to declare – oh, I don’t know – say the AFL or the NRL to be incompetently led because of the illegal drug scandals they caused. Their leadership has obviously led to Australia being lowered in the esteem of the world and so should have a similar law created to make sure that it doesn’t happen again. It would be good for the Nation if they were all declared “Not fit and proper persons” and so should not hold office in any “Registered Organisation”.
Then there is that pesky, almost treasonous Australian Labor Party. It would be good for the Nation if they were all declared “Not fit and proper persons” and so should not hold office in any “Registered Organisation”. It would be good to remove their non-parliamentary leadership. After all, the Coalition knows how to run it far better than it is being run now.
Next, the Coalition, after it is elected for the third time in a row in 2019, could begin looking at that pesky Opposition Front Bench. It would be good for the Nation if they were all declared “Not fit and proper persons” and so should not hold office in any “Registered Organisation”.
So! Am I stretching things too far? With the dedicated backing of all the journalists in Australia is there anything to stop a scenario such as Injustice Heydon has opened? Will we all be subject to “Pains” now?
Or are the Australian voters wiser than I give them credit for?