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Did Tony Abbott mislead Parliament?

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Did Tony Abbott mislead Parliament?

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Why is this important?

Federal Court rules NHMRC untouchable.

The Federal Court of Australia has ruled that the National Health and Medical Research Council (NHMRC) can not be held accountable, nor liable for anything it does as it has no separate legal identity[1].

In 1992 by act of Parliament (the National Health and Medical Research Council Act 1992 (Cth)) the NHMRC was established as a Body Corporate capable of sueing and being sued in it’s own name.

By act of Parliament[2] (the National Health and Medical Research Council Amendment Act 2006 (Cth)) the NHMRC was “established as a statutory agency for the purposes of the Public Service Act 1999…”.

In the Second Reading Speech of the Bill in the Senate, the Hon. James LLoyd[3], stated in respect of the NHMRC Amendment Bill (2006), “… the CEO will be responsible and accountable for the financial and day to day operations of the agency”.

The Hon. Alex Somlyay[4], stated in his Second Reading Speech, “The purpose of this bill is to amend the National Health and Medical Research Council Act 1992 for the purpose of inducing better governance arrangements and clarifying the accountability and reporting functions of the National Health and Medical Research Council…”, and,
“The amendments also aim to implement opportunities for improving health and medical research outcomes through a more accountable and independent council. This bill is aimed at strengthening the accountability and independence of the NHMRC”.

The Hon. Tony Abbott, then Minister for Health and Aged Care, stated that[5], “This is actually quite a simple bill, it implements the administrative recommendations of the Grant and Wills Review of health research funding programs. The essence of that review was that the National Health and Medical Research Council needed to be made more clearly independent of government…”.

In a recent judgment, the Federal Court of Australia[6] ruled that the NHMRC can not be a party to a Proceeding - can not be held responsible nor liable for it’s actions - because, following the enactment of the Amendment Bill of 2006, it is nothing but the government.

When Professor Warwick Anderson, the CEO of the NHMRC, was served with a summons issued by the High Court the reply was, “No, not interested, we won’t accept”.

Did the Hon Tony Abbott and the LNP deliberately mislead Parliament in respect of the NHMRC Amendment Bill 2006?

If you believe those involved should be held to account, please sign.

[1] Elston v Commonwealth of Australia & National Health and Medical Research Council [2013] FCA 108
[2] Hansard Second Reading Speech in the Senate, Hon. James LLoyd, 24 May 2006, page 18
[3] Hansard Second Reading Speech in the Senate, Hon. James LLoyd, 24 May 2006, pages 18 and 19
[4] Hansard Second Reading Speech in the Senate, Hon. Alex Somlyay, 24 May 2006, pages 26 and 27
[5] Hansard Third Reading Speech of the Hon, Mr Tony Abbott, Page 28
[6] Elston v Commonwealth of Australia & National Health and Medical Research Council [2013] FCA 108
[7] Elston v Commonwealth of Australia [2014] FCA 291


Reasons for signing

  • ... it is bad
  • All councils and their representatives must be responsible for their actions. The NHMRC in the Elston case must take responsibility for the problems they have caused and continue to cause Guy Elston.
  • apoyando a la gente

Updates

2014-04-19 08:19:36 +1000

50 signatures reached

2014-04-18 10:10:26 +1000

25 signatures reached

2014-04-18 09:16:34 +1000

10 signatures reached