Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
rugby league .. NRL in trouble « Result #1 on Feb 7, 2009, 9:13pm »
Tough times ahead as crisis hits clubs
Adrian Proszenko | February 8, 2009
PARRAMATTA chief executive Denis Fitzgerald says he is open to offers to privatise the club amid fears some NRL teams may not survive the global economic crisis.
The financial downturn has already had a severe impact on rugby league, with several clubs reporting that sponsors have either pulled the pin or are struggling to fulfil their commitments. While there are no current expressions of interest in buying into the Eels, Fitzgerald confirmed privatisation could be an option to ensure the club weathers the financial storm.
"Sure, we're open to that possibility, or part thereof," Fitzgerald told The Sun-Herald.
"There's a big question mark over [whether teams survive]. Clubs will possibly have to opt out of the NRL or more seriously look at a joint venture.
"They may even have to look at private ownership, although that hasn't proven to be overly successful in terms of dollars.
"Manly won the comp, but I don't think [co-owners] Max Delmege and Scott Penn made a profit.
"It's tough at Souths, with [co-owner] Russell Crowe instituting various measures to save on costs."
Leagues clubs, for so long the lifeblood of Sydney teams, are already near breaking point due to the impact of the new smoking legislation and poker machine taxation. A survey of 34 leagues clubs - seven of them licensed NRL leagues clubs - conducted by accounting firm PKF last year found revenue had fallen $56 million (6 per cent) over the past four years. The report, commissioned by Leagues Clubs Australia, also revealed:
* 41 per cent of clubs face financial distress based on EBITDA (earnings before interest tax, depreciation and amortisation);
* In 2004, 70 per cent of leagues clubs posted a net profit, while only half that number were expected to do so in 2008;
* For 10 clubs, five of which are NRL associated, the financial distress is labelled "serious" or worse. Should they collapse, 2230 jobs will be lost and senior league funding will fall by $7 million.
The figures clearly underline the need for NRL clubs to pursue other revenue streams to ensure their survival. However, sponsorship dollars, another crucial source of income, are increasingly hard to secure in the current climate.
The Bulldogs are resigned to starting the season without a major backer, the Panthers' sleeve sponsor is in administration as is ISC, the company that outfits half a dozen NRL sides. Several clubs contacted by The Sun-Herald confirmed some sponsors are also struggling to pay up.
The good news for the NRL is that it has extended agreements with major sponsors Harvey Norman, Toyota, VB and Bundaberg Rum. About 80 per cent of the game's revenue - from broadcasting deals and major sponsorships - has been locked in until 2012. "Right now, we've had no indication from any of those major sponsors across the game that they're going to change their investment based on economic circumstance," NRL marketing manager Paul Kind said.
But what if those companies can't afford to pay?
Harvey Norman boss Gerry Harvey said he had every intention of continuing his long-time association with rugby league. But the retail king admitted that, if things got really tough, the bottom line would come before his love of league.
"At the end of the day, love goes out the door," said Harvey, whose retail chain sponsors the State of Origin series.
"Love stays around as long as it can, but when it becomes desperate, even love goes out the door.
"We haven't reached that stage, we're nowhere near that. We wouldn't pull anything out of rugby league, I wouldn't think, because we're closely wedded.
"If things got desperately bad it could be a different story, but we're not at that stage."
Harvey said all companies were cutting costs and sports sponsorships were in the firing line.
"Charities, sponsorships, wages, advertising, general costs - they are the five things that everybody looks at," he said. "Across the board, most people are looking at those sort of things and saying, 'This will be a pretty difficult year for all sporting bodies and charities.'
"This would be one of the most difficult years in the last 20, I'd say."
Even players are nervous. Several have contacted Rugby League Professionals Association boss Matthew Rodwell to check on their entitlements should their club fold.
Fitzgerald, meanwhile, said the best way for players to secure their future would be to take a pay cut. The Parramatta supremo caused a stir last year when he called for the salary cap to be lowered. His opinion hasn't changed.
"That would be terrific," Fitzgerald said. "Obviously that's the major part of our costs in terms of player payments. There's just not enough money to keep things going the way they were.
"I think it should come down progressively by 20 per cent over three years."
Instead, the cap will rise slightly this year, by $100,000, and there are no plans for it to go backwards.
"I don't think lowering the cap is an option," NRL chief executive David Gallop said. "In terms of clubs, our salary cap system is more important than ever and thankfully we didn't listen to those who sought to undermine the importance of it over the years."
Sydney clubs in particular are struggling and some may not be able to spend up to the limit of the cap. As far back as May last year, Dragons boss Peter Doust indicated that financial pressures may prevent the joint-venture club from spending to the limit. Recent global developments are unlikely to improve that outlook.
And even though the Panthers group have expanded their asset base by $90 million during the past five years, group boss Glenn Matthews, part of a committee lobbying the State Government for poker machine taxation relief alongside Fitzgerald, added: "Whether we formally lower the cap or whether clubs do it themselves, directors have a responsibility to ensure the solvency of the organisation.
"If we have a lowering of revenue from sponsors we'll have to lower our expenses, and the big chunk out of our expenses is the salary cap."
Matthews said he hoped the State Government would offer clubs some taxation relief.
"The government understands there's a serious problem there," he said. "Importantly, there is no longer any argument about the figures any more."
The great unknown will be whether cash-strapped families walk through the turnstiles or cheer their team from the comfort of their lounge rooms.
Sea Eagles chief executive Grant Mayer said the challenge was to provide supporters with unique game-day experiences.
"We're concerned about the effect on game-day crowds," he said. "We tend to think, globally and historically, that's where sports have been affected.
"I would never say it's doom or gloom, because rugby league and sport are an outlet for people."
Supporters are expected to pay closer attention to ticket prices, although NRL marketing manager Paul Kind dismissed suggestions of capping ticket prices at $10 to ensure bums on seats.
"I don't think any of our clubs are overpriced; we've always been a well-priced sport," Kind said.
The Eels are down 20 per cent on sponsorship income compared to this time last year. Their arch rivals, the Sea Eagles, are one of the few clubs to have made gains on that front, forecasting a 5 per cent increase.
The fact they have the premiership trophy in their keeping has helped, and the two families that played a part in delivering it believe more clubs will follow their privatisation route. Multi-millionaire businessmen Delmege and Penn predicted clubs could put the "for sale" sign up in 2009.
"There's no question all the clubs will struggle this year," Penn said.
"Some of them may have to entertain private ownership models or find wealthy individuals to support them, given the traditional financial support from leagues clubs and registered clubs aren't doing the business to support the revenue needs of the football clubs."
Delmege added: "After 45 years in property, this would be the most difficult time I've ever seen.
"I've been through overseas currency [crises], 20 per cent interest rates, all sort of things … but this has caught us on the back foot. I think you'll see some more privatised this year, or attempts to privatise."
The stockmarket crash has had massive ramifications for rugby league. Delmege, however, wants to follow through with plans to list the Sea Eagles this year.
"I certainly see that as something that would come more in the near future than the distant future," he said. "If we went down that route and coupled it with real estate, it's a beautiful investment for the members."
However, there are no guarantees. Fitzgerald wasn't prepared to give one when asked if the Eels would survive the global economic crisis. "I'm not in a position to give any guarantees," he said.
"We're taking all sorts of measures to reduce cost and measures to raise revenue. Things are very tough. I can't give any gilt-edged guarantee that we'll be around. I'm confident, but there are no guarantees."
In the past, the NRL has intervened to prevent clubs from going to the wall. Would they be prepared to do it again?
"No club is currently expendable," Gallop said. "We need to provide eight games a week to television and we actually benefit from our saturation in Sydney.
"It would be something we'd have to look at and consider the extent of the trouble the club is in and the impact on the game's overall position. We're not holding a blank cheque but we're also very conscious of the damage that losing a club can have."
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Seborrhoea « Result #2 on Jan 29, 2009, 4:01am »
seborrhoea information ..
description ..
Seborrhoea is a condition that is the result of over-activity of the secretion of the sebaceous glands when excessive oiliness appears on the skins surface. the normally affected areas are scalp, face, centre of the chest and back. More often than not, during puberty the activity of the glands is increased due to hormonal changes, and the sebaceous gland duct and their follicles become enlarged, the skin becomes coarser , and open pores are evident. The excessive oily secretion blocks the outward flow of sebum to the surface, and it becomes lodged in the follicle and sebaceous duct. The retained sebum increases in amount, and the external area hardens and becomes overlaid with epidermal cells to form a comedone (blackhead). Seborrhoea is the basis of several skin diseases, particularly acne vulgaris.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Headlice « Result #3 on Jan 29, 2009, 3:57am »
Headlice Information ...
Headlice .. pediculus humanus ..
What are headlice?
Headlice live, eat and breed on the hair and skin of the human scalp. They are small, wingless insects, about 2 to 3mm in length. Headlice cannot jump, fly or swim but get about the scalp by moving from hair with strong claws. Healthy headlice can be very difficult to see on the scalp
Female lice lay about seven to 10 eggs every night. Eggs are laid close to their food supply - scalp. The eggs which are small whitish flecks, are often seen behind the ears and on the forehead. They are attached firmly to the hair and are very hard to remove. Eggs hatch about nine days after being laid.
How are headlice spread?
Because they cannot fly or jump, headlice must come in close contact with another persons hair or head to spread. This can be done by sitting or lying next to a person with headlice or using the same hairbrush, comb or hat. Headlice are not associated with lack of cleanliness.
What are the symptoms and how is it diagnosed?
Headlice may cause the scalp to itch, although often there are no symptoms. It is diagnosed ether by finding a live insect on the scalp or finding an egg within 1cm of the scalp (eggs more than 1cm from the scalp are dead). You do not need to visit your doctor
How do i treat headlice?
Insectacide shampoos or sprays .. Speak to a pharmacist or healtcare provider for advice about what treatment to use. It is very important to follow the directions on the package carefully, using a clock to time how long the shampoo should be left on. Read the application instructions carefully before you buy, some treatments will be tolerated better than others by your child.
Remove by hand .. Although slow, this method can be very effective . Using a nit comb carefully comb the hair, removing the lice and eggs.There is also a comb available that kills the lice electronically. These combs operate on a single aa battery and zap the lice when caught between the fine teeth of the comb. Combing should be twice daily for 14 days. Combing tends to work well on children with short, fine hair, not so good for those children with curly or long hair.
How do I reduce the spread of headlice?
Brushing the hair often is a cheap and effective way of reducing the spread of lice. This may help kill or injure headlice and stop them laying eggs. If headlice are a continuing problem in children, encourage them to use their own hook at school to hang their clothes and belongings. hats should be hung on hooks and not be put in a communial place. Discourage girls from sharing their ribbons, clips and ties. Dont worry about washing all the bedding and clothes, eggs will not survive away from their food source after hatching. if everyone uses the combs or brushes in the house, wash them in the shampoo as well. Check for headlice on the scalps of family members and close friends. Notify your school or pre school.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Dermatitis « Result #4 on Jan 29, 2009, 3:53am »
Dermatitis Information ..
Introduction ..
Dermatitis is the name given to a stubborn itchy rash which seems to inflict certain people with sensiive skin. This is a red, itching inflamation of the skin. The term covers a variety of skin complaints , many of which result in the skin 's becoming oversensitive to some normally harmless substance. Whilst the symptoms of each type are similar , the causes are quite diferent. Although dermatitis is uncomfortable and unattractive , most types of dermatitis are temporary , not dangerous and are not contagious.
The exact cause of dermatitis is unknown. It is the result of an inborn defect of the skin that tends to run in families , other family members often have asthma or hayfever. Dermatitis does not affect one's general health. The skin is usually dry and easily irritated by soap , detergents and whollen clothing. Dermatitis may be aggraveted by hot weather and a wide variety of environmental factors both at home and at work. These include dust , cats , emotional stress , and rarely foods. Avoid if possible the handling od dertegents and solvents.
Dermatitis , or contact dermatitis is often called eczema or atomic eczema. It rarely develops in babies before the age of four months. The face is often affected first , then the hands and feet. Sometimes dry red patches appear all over the body.
Treatments ....
No permanent cure is qualified as the treatments affect people in different ways depending on their skin types and enviroments. Dermatitis can be managed and controled but in many cases is will return at various stages . The condition will usually improve and people can live comfortably with the condition with careful
management.
Reduce contact with solvents and irritants .. Try not to overheat , have cool showers and always wear loose cotton clothing. keep bedding to a minimum. Avoid direct skin contact with rough fibres , particularly woollens. Avoid dusty dry conditions.
Use gloves when handling chemicals , solvents and detergents . Choose cosmetics carefully , make-ups , perfumes and creams can all irritate.
Bathe without soap and use water alone or add a soap substitue. Avoid swimming pools which are loaded with chlorine and other additives which are certain dermatitis triggers. Reduce exposure to allergies and allergens ..
Allergic reactions can occur from materials contacted with , inhaled or ingested. responsible compounds which are certain triggers are dust mite , mould , pollens , and animals such as cats , dogs and horses. Keeps the home and bedding , carpets and coverings clean and free or dust. If you are a dermatitis sufferer it is better to not have pets.
Diets ..
Whilst diet may be an initial factor or trigger in many dermatitis conditions , most individuals will not be helped by specials ( eg dairy-free etc). It is particularly important that growing children have a broad range of nutritional foods. But , if a particular substance consistantly aggravates the skin problem , it is reasonable to avoid it for a while. Children in most instances are seldom allergic to dairy products and eggs although occasionally they may aggravate their dermatitis or result in hives , vomiting , diarrhoea , nasal stuffiness or wheezing. Others are occasionally upset by wheat , nuts , food additives or other items. Fortunately , most affected children grow out of their food intolerance.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Rosacea « Result #5 on Jan 29, 2009, 3:47am »
Rosacea Information ..
Rosacea is a facial rash that occurs in middle aged men and women.
The cause of rosacea is unknown. It affects people mainly in the 30s and 40s, especially those with fair-skin, blue eyes and of celtic origin.
Rosacea used to be called "acne rosacea" but it is quite different from acne. The red spots and pustules are dome shaped rather than pointed and there are no blackheads, whiteheads, deep cysts, or lumps.
Sometimes the affected skin is swollen and hot. Rosacea affects the cheeks, nose, and forehead, rarely it involves the trunk and upper limbs. It may be aggravated by facial creams or oils, and topical steroids.
Rosacea is often accompanied by the following features ..
A red face due to flushing and telangiectasia (persistant red veins) Red, sore or gritty eyelids. Symptoms are often aggravated by sun exposure and hot and spicy food or drink. The skin may be very sensitive ie make-up, sunscreens and may sting. The nose may slowly enlarge (rhinophyma)
Treatment ..
General Measures
Reduce factors causing facial flu. Avoid oil based facial creams. Use a water based make-up and sunscreen. Never apply a topical topical steroid to the rosacea. Protect yourself from the sun. Keep your face cool . minimize your exposure to hot or spicy foods, alcohol, hot showers, baths and warm rooms. Oral Antibiotics
Antibiotics reduce inflamation. They lesson papules, pustules and eye symptoms of rosacea. Tetracycline 260-500 mg daily for 4-8 weeks is usually sufficient. Further treatment courses are usually needed from time to time as the antibiotics dont cure the disorder. Sometimes other oral antibiotics such as cotrimoxasole or metronidazole are prescribed for resitant cases.
Topical Antibiotics
Metronidazole cream or gel can be used intermittently or long term on its own for mild cases and in combination with oral antibiotics for more severe cases.
Vascular Laser
Persistant telangiectasia can be successfully improved with vascular laser treatment. Where this is available, cautery or diathermy may be helpful.
Surgery
Rhinophyma can be treated successfully surgically or with carbon dioxide laser by a dermatologic or plastic surgeon.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Eczema « Result #6 on Jan 29, 2009, 3:41am »
eczema information ..
Overview ..
This is a skin complaint that affects about one person in 12 at some point in life. It is an unpredictable and rather puzzling disease, often caused by allergies but just as frequently brought on by emotional upsets or by no obvious cause. It can be distressing , not only because it is irritating and itchy but also because it affects the skin in visible parts of the body.
The most familiar form of eczema - whose scientific name is atopic dermititis - is closely related to asthma and hayfever, and it is quite common for people who have it to have one or both of these complaints as well.
Eczema usually makes its first appearance during infancy or early childhood, and tends to fade away as a child gets older. Sometimes , however , it appears in an adult who has not suffered as a child.
Most people who get it come from families with a history of eczema, asthma or hayfever, although it is common for one child in a family to be affected while the others escape it altogether . Babies may suffer from eczema because they are allergic to cows milk, and recent research suggests that babies from 'at risk' families will have a better chance of avoiding eczema if they are breastfed.
Symptoms ..
The typical sign of eczema is an inflamed area of skin which becomes dry and cracked or becomes covered with tiny red pimples or blisters.The most annoying symptom is an itch, and scratching the irritating area aggravates the condition,causing wet, bleeding sores and increasing the risk of infection spreading to other parts of the body. Eczema usually appears first on the face and scalp and then spreads to the hands and limbs, especially tp places where the skin folds or is rubbed by clothing. Much of the discomfort is caused by scratching the patches of rash, rather than by the eczema itself.
Precautions ..
Eczema itself is not dangerous or in any way a threat to life. The main problem for any parent of a child with eczema is to discourage the child from making the condition worse by scratching the infected skin. Some use cotton mitts to protect children from scratching and it is important to have nails clean and clipped. Eczema sometimes becomes worse as a result of exposure to certain substances or chemicals. Soap is a common culprit, so is soil. Washing liquids, soap powders and pesticides are also irritants.
It is essential that sufferers from eczema should not come into contact with anyone who has cold sores (herpes simplex) because eczematous skin is very vulnerable to the herpes virus and is liable to widespread infection if it is exposed to it. People who suffer, or who have suffered from eczema are more sensitive than most to irritant chemicals, so it would be wise for them to avoid jobs which involve exposure to such substances. The risks are considerably reduced by taking such simple precautions as wearing gloves and a face mask, but young people with eczema should think twice before taking a job where it would be difficult to avoid well known irritants such as petrochemicals,oils and shampoos.
Treatments ...
Firstly one must establish if the Eczema can be traced to an allergy. Most eczema conditions are allergy related. Clearly the particular cause of the allergen should be avoided. Dealing with an alergy is often only part of the problem , other measures are necessary to relieve the eczema and to prevent it from getting worse. Materials such as wool , nylon and rayon should be kept away from the skin as they are major ittitants. Cotton clothing is best used.
If the skin is dry and cracked it should not be washed too often as this tends to dry it out even more. Obviously it should be kept clean to avoid infection. Avoid soaps and if possible use a liquid soap of natural ingredients. keep the affected areas moist at all times using a coldpressed oil such as a light virgin olive oil. There are a number of preparations available to control inflamation , infection and itching which a chemist can supply. Again it is important to avoid those containing petrochemical or paraffin based creams and ointments. Use steroid creams on localized areas of the condition only.
The chances are that children with eczema will grow out of it . 50% of them in fact are free of the condition by their 6th birthday. Only 10% still suffer from this condition by the time they reach teens. However like most allergic complaints eczema has a habit of vanishing , only to make an unwelcome return in adulthood.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
anti smacking bill « Result #7 on May 28, 2007, 4:27am »
The smacking bill - what it says 10:50AM Wednesday May 02, 2007
THE CURRENT LAW
What Section 59 of the Crimes Act says about Domestic Discipline: Every parent of a child and every person in the place of the parent of a child is justified in using force by way of correction towards the child, if the force used is reasonable in the circumstances.
THE PROPOSED LAW - THEN
What Sue Bradford's bill said she when she introduced it in July 2005 Section 59 of the principal Act is repealed. The stated purpose of the bill: "To abolish the use of reasonable force by parents as justification for disciplining children."
THE PROPOSED LAW - FROM SELECT COMMITTEE
What Sue Bradford's bill says now after 18 months in a select committee Section 59 is repealed and substituted with the following section on parental control: Every parent of a child and every person in the place of a parent of the child is justified is using force if the force used is reasonable in the circumstances and is for the purpose of: a) preventing or minimising harm to the child or another person; or b) preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or c) preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or performing the normal daily tasks that are incidental to good care and parenting.
It then says Nothing [in the above] or in any rule of common law justifies the use of force for the purpose of correction.
The stated purpose of the amended bill changed: "To make better provision for children to live in a safe and secure environment free from violence by abolishing the use of parental force for the purpose of correction."
JOHN KEY'S FAILED PROPOSAL
The National leader last week attempted but failed to find support from Sue Bradford for a proposal between Borrows and Bradford: It would have adopted the Bradford purpose of the bill ... "abolishing the use of parental force for the purpose of correction."
He proposed a new Section 59: "Every parent of a child and every person in the place of a parent of a child is justified in lightly smacking the child in the course of their parenting duties if the smacking used was minor and inconsequential."
FINALLY AGREEMENT
Prime Minister Helen Clark uses the language of the Key proposal to give guidance to the police to ignore inconsequential breaches of the new law, with the additional wording: To avoid doubt it is affirmed that police have the discretion not to prosecute complaints against a parent of a child, or person in the place of a parent of a child, in relation to an offence involving the use of force against a child where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.
So we end up with the following repealed version . 59 Parental control “(1) Every parent of a child and every person in the place of a parent of a child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of- “(a) Preventing or minimizing harm to the child or another person; or “(b) Preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or “(c) Preventing the child from engaging or continuing to engage in offensive or disruptive behavior; or “(d) Performing the normal daily task that are incidental to good care and parenting “(2) Nothing in subsection (1) or in any rule of common law justifies the use of force for the purpose of correction. “(3) Subsection (2) prevails over subsection (1) “(4) to avoid doubt, it is affirmed that the police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.”
Sorry to repeat some parts of these sections , but to keep things in context gives a clear overview of the changes ..
Correcting is the key word here .. Any form of force to correct behaviour or punish is a no no , But argue if you like that smacking or use of reasonable force to deter misdeeds or prevent harm being done to a child or preventing any child to avoid endangering others would be fine , within the stated section alterations , simply because their is no defining rule of law or qualifying any point of law as to what force is or what abuse might be ..
This whole bill and law is a legal nightmare and is open ended with interpretation suspect .. In short it is an ' Ass " A half decent Lawyer would rip it to shreads in half an hour ..
Look at some of the ramifications ..
Although the lightest touch of a child will in future, with certain narrow exceptions, be an assault, an amendment acceptable to most parliamentary parties will remind the police that they have a discretion whether or not to prosecute. The police will presumably take the hint and decide not to prosecute in innumerable minor cases.
This is quite different from the situation at present. Now, as long as discipline is reasonable, a parent commits no crime at all in touching a child. In future, every touch will be an assault. The police are advised to exercise discretion in enforcement, but whenever they decide to charge a parent, there will be absolutely no defence. Conviction is certain.
It is highly unusual for Parliament to issue a formal legal reminder that its own law should be administered with enormous discretion, and the smacking debate reveals some rather surprising attitudes to the Rule of Law.
In theory, anyway, we have long esteemed the Rule of Law. Professor Albert Venn Dicey, a 19th-century constitutional writer, gave the idea its capital letters, but the idea is an ancient one. It means, most fundamentally, that we are ruled by defined laws rather than by the whims of fickle human beings. Magna Carta expressed it. King John of England could not do what he liked, but was under the law. It was the fundamental principle in contention in the great quarrels of the 17th century, when one king lost his head and, in another revolution 40 years later, his younger son lost his throne.
Discretion is the enemy of law. Dicey said that the Rule of Law means, in the first place, an absence of arbitrary or discretionary power. We should be punished for clear breaches of defined laws, and nothing else. The powers of officials to interfere in our lives must be carefully limited.
Of course, a little common sense and humanity are always necessary. An implacable prosecution of every tiny infringement would drive us crazy and bring the law into disrepute.
It is quite reasonable that the Inland Revenue, for example, have a discretion to forgive tiny amounts owing, rather than pursue them at great expense. De minimis non curat lex runs the old legal maxim – the law does not concern itself with trifles. A little discretion inevitably exists. Parliament does not need to spell it out.
But the Rule of Law means that law should contain as little discretion as possible. Wherever discretion exists, possibilities of abuse arise. Recent examples spring to mind where officials have defended unsatisfactory laws on the ground that they will be administered with discretion; in other words, that whether you will be prosecuted or not depends not on the law itself but on the decision of an official. It would be infinitely better to have properly written laws in the first place that do not require such discretion to be exercised.
Where discretion exists, it should at least be reviewable. Decisions by juries about whether parental discipline was reasonable were made with full publicity. No such review is possible of private decisions made in the minds of thousands of policemen all over New Zealand. Yet their discretion will have immense effects on the lives of citizens.
Once the police decide to prosecute a parent, conviction will be certain, for the lightest touch will technically be an assault. Much smacking will still occur, but policemen will be deciding privately which smackers become criminals and which will not. The courts will merely set the seal of conviction on those whom the police have decided warrant the law's intervention.
(Even if the police decide not to prosecute, private prosecutions by a disgruntled child or child advocate would still be possible.)
Needless to say, the exercise of discretion will vary. With the best will and the best guidelines in the world, standards will differ. Police in small communities where they know and are known by everyone are likelier to be easy-going. In the anonymity of the big city, the police will be tougher. Parents with dubious backgrounds, and probably the poor, will not receive the indulgence allowed to the respectable. The Greens may soon come to see their own legislation as an instrument of class oppression.
I would not for a second accuse our police of corruption, yet recent events remind us that they are only human. Given the right conditions, corruption can flourish anywhere. New Zealand has no inherent immunity. Immense discretion is an invitation to abuse.
Instead of the Rule of Law, we have an addiction to law. We probably have too many laws and law-enforcers of various sorts. This law will do more harm than good, intruding into private life, consuming the time of an already overworked police force, criminalising decent parents and doing nothing to stop genuine abuse. Wait and see.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Re: RFU scrap « Result #8 on Apr 28, 2007, 3:16am »
Opposing sides find it good to talk, but divisions remainDavid Hands, Rugby Correspondent The RFU and Premier Rugby Ltd (PRL) will go into today’s meeting with Syd Millar, the chairman of the IRB, having found little common ground at yesterday’s meeting in London of the RFU council.
The council, however, will have concluded that the differences between the two sides that have led to the withdrawal of England’s Guinness Premiership clubs from European competition next season are not irreconcilable. A tepid RFU statement concluded with the pious wish that “the RFU and PRL complete their negotiations with a satisfactory resolution for all parties”, but the meeting may have produced greater clarity than before.
It was a minor triumph, for example, that the council voted for Mark McCafferty, the PRL chief executive, to attend the meeting so that the council members could judge for themselves the differences between the stance of the clubs and that of the union’s management board, which, by and large, was not in favour of McCafferty’s presence.
There is a clear difference between the sides as to what constitutes “full management control” of the players — in simple terms, who determines when they do or do not play and whose medical criteria, those of the clubs or the union, should be followed. In all of this, the shareholding in European Rugby Cup Ltd (ERC) — the reason for Millar’s meeting today and with the French federation and clubs at the start of next week — is no more than a bargaining chip.
“Today might have lanced a few boils,” one council member said, and at least the negotiating teams representing the RFU and PRL are back at the table. A motion that ERC shares be divided equally between union and clubs was withdrawn but did achieve the purpose of a full debate.
So the future of the Heineken Cup and European Challenge Cup remains in abeyance, although there seems an engaging confidence among Premiership coaches that there will be a tournament in which they will participate next season. Certainly European qualification will remain a motivating factor for the clubs in today’s final round of the Premiership.
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
RFU scrap « Result #9 on Apr 28, 2007, 2:57am »
Info
Clubs warned over 'suicide' move
England's clubs want a shareholding in the Heineken Cup Rugby Football Union chairman Martyn Thomas believes England's clubs would be committing "suicide" by joining a French boycott of the Heineken Cup. France's top clubs decided on Thursday to withdraw from the Heineken Cup and the European Challenge Cup next season.
And the Premiership clubs are set to join them unless the RFU grants them a shareholding in the tournament.
"I think it's a suicidal decision, whatever the rights and wrongs of the issue," Thomas told Radio Leicester.
"You don't take it out on the sponsors, broadcasters and players."
The Premiership clubs are already talking of arranging an alternative competition if the Heineken Cup is effectively killed off by the withdrawal of the French and English clubs.
We have a fundamental right to compete in European competition
Peter Wheeler Leicester chief executive But Thomas added: "It would be inappropriate to sanction fixtures to fill in gaps in the season which have been created by a breach of contract.
"We would ask players not to take part in a game that hasn't been sanctioned."
Leicester chief executive Peter Wheeler told BBC Sport that any boycott would not necessarily mean the clubs would miss out on European matches.
"We want to play in Europe next season," he said.
"If we can't play in the Heineken Cup, we will look at alternatives."
The French and English sides say the RFU agreed to grant them a 50% shareholding in the Heineken Cup at a meeting last October and has backtracked, a claim denied by Thomas.
We think the structure needs reviewing, regardless of the other issues
Wasps chief executive David Davies "The daft thing is that the basis to resolve this was agreed on last October but the RFU has reneged on that," said Wheeler.
"We were happy with the shareholding proposals made in October, with 50% for the unions and 50% for the clubs, and every other union agreed.
"This is a club competition and it's only right we should have a shareholding.
"If the RFU disagrees, we have a fundamental right to compete in European competition.
"I'm not sure you can stop anyone doing that, although we would obviously need to take advice."
Wheeler's Wasps counterpart David Davies confirmed talks are under way about viable alternatives, claiming the current Heineken Cup structure is unfair on English and French clubs.
"I have no doubt something will come out of these discussions which will lead to a European competition next season," he told the Daily Mail.
"We think the structure needs reviewing, regardless of the other issues.
"It is unfair that French and English clubs go through a full season-long programme and only half qualify whereas the Magners League go through a languid process and nearly everyone qualifies."
Joined: Apr 2004 Gender: Male Posts: 133 Location: Australia
Professional Rugby « Result #10 on Apr 24, 2007, 3:34am »
Back in 1995 we were facing the biggest single threat the world of rugby has ever known. The Packer professional circus seemed unstoppable and it looked as though this could be the end of the All Blacks, the end of New Zealand rugby supremacy and the end of competitive domestic rugby. All key players and coaches would be rostered into global franchises based in the big TV markets of England, France, South Africa and Australia.
A pro-active NZRFU, passionate leadership from Laurie Mains and Sean Fitzpatrick, strong actions from Jeff Wilson and Josh Kronfeld, and a cohesive strategic and negotiating effort led to a new solution. Professional rugby funded largely by Rupert Murdoch and Sky with a US $550 million multi year SANZAR deal, saved our bacon and took the game to the next level.
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