Monday, October 14, 2024

AND THE SHOW ROLLS ON AND WHAT NOW?


Deputy Premier Michael Ferguson had held some of the more important roles in cabinet over his time as a government minister since 2014.

The first of these was the health portfolio, which he held for five years before he was removed from it in 2019 amid a cabinet reshuffle.

This was a move that was celebrated by health professionals at the time who were keen for a fresh start.

The second of these was the infrastructure portfolio, to which he was appointed five years ago.

He resigned from this position in August following the mismanagement of a port infrastructure project designed to accommodate the new Spirit of Tasmania vessels at East Devonport.

Mr Ferguson faced a fight in parliament to keep his position as Tasmanian treasurer and Deputy Premier, before he announced his resignation from these roles, and other ministerial roles, late on Monday.

The numbers were against him with 18 votes likely to support a motion of no confidence.

Premier Jeremy Rockliff had said earlier in the day that should the motion pass, Mr Ferguson would resign from cabinet and take a seat on the backbench.

Mr Ferguson, on announcing his resignation from cabinet, described the scenario as "the brutal mathematics of politics".

"In those circumstances, with nobody asking me to, I've offered my resignation to the Premier and to the Governor," he said.

The Liberals will need to be careful about who is next appointed to the deputy leadership.

So who will fill the empty space?

GUY BARNETT AND ROGER JAENSCH

Mr Barnett, with Mr Ferguson, was elected to the lower house following the 2010 election as part of the Liberal opposition.

Like his Northern counterpart, Mr Barnett has held a number of senior positions in cabinet, notably now serving as the Health Minister and in what is considered to be the second most powerful position in government, Attorney-General.

He held the position as the state's Energy Minister, which like the portfolios he holds now, had been subject to its own controversies.

The Liberals' party room appears to be finely balanced between the conservatives and the moderates, which means he would be seen as a good option to balance out the leadership.

Roger Jaensch was elected to parliament as part of the Liberal government in 2014.

In his second term, he was rewarded with a seat in cabinet, taking on the problematic human services and housing portfolios.

He was accused of misleading parliament in 2021 when he claimed to be unaware of changes to tenancy laws, which was contradicted in a ministerial minute produced by former Greens leader Cassy O'Connor.

Mr Jaensch denied he had misled parliament when answering questions about tenancy laws, and survived a no-confidence motion that was moved against him.

In 2022, he was sworn in as Minister for Education, Children and Youth, Skills, Training and Workforce Growth, State Growth, Environment, and Aboriginal Affairs.

Since the expanded parliament, his workload has been somewhat reduced.

His wide-ranging experiences in previous portfolios might make his a strong contender for the Treasurer position.

Like Mr Barnett, he too could be a consideration for the deputy leadership of the Liberal party.

However, like Premier Jeremy Rockliff, the member for Braddon is a moderate, so having Mr Barnett in the role might assuage the right wing of the party.

There are 11 members of the government's ministry, including two members of the Legislative Council.

If Mr Ferguson was to forfeit his position, it would leave a seat open to a member of the backbench.

Jacquie Petrusma has held several portfolios in the past before she resigned those positions for health reasons.

She later resigned from parliament for other reasons, but successfully stood for election this year.

Simon Behrakis is known to be an ambitious contender for a junior ministerial role, having served as a ministerial adviser before his entry into parliament after a number of attempts.

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Watch this space! The folly that claims government is revealing its weaknesses as it stumbles from one crisis to the next and the stumbles are getting closer together. Has anyone imagined an election before Christmas!? There are fools in charge of paradise ... SADLY!!
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Revealed: Supreme Court backlog crisis, Barnett accused of inaction

By Nick Clark
Updated October 15 2024 - 8:56am, first published September 16 2024 - 2:30pm
Attorney-General and Justice Minister Guy Barnett.
The Labor Opposition has been informed that the Supreme Court of Tasmania's backlog has exploded to 885 cases.

The 20 per cent rise follows a record backlog of 743 cases recorded to June 30, 2023. This compares with 381 cases in 2016-17. In 2021-22, the court finalised 455 cases for the whole year.

The backlog equates to two full years of cases without any new cases being listed.

Bass Labor MP Janie Finlay sought an answer on the backlog from Attorney-General and Justice Minister Guy Barnett through a parliamentary process. The backlog has grown from 382 in 2016.

On Monday, more than 420 people appeared in the Supreme Court in Launceston Hobart and Burnie and had their matters adjourned.

In August, The Examiner published a letter from a complainant who wrote of the cruelty of waiting years for her abuser to go on trial.

In his 2019-20 annual report, Director of Public Prosecutions Daryl Coates SC summarised the threat to justice posed by the criminal backlog.

"It should be remembered in respect to every case that is awaiting determination there are victims, witnesses, and accused in a highly stressful situation," he said.

"One of the consequences of cases being delayed is that witnesses become fatigued and unavailable or their memories fade."

The Department of Justice refused the Examiner's request for active disclosure in July 2024 and a Right to Information request for assessed disclosure in August 2024.

Labor member for Bass Janie Finlay in parliament.
Picture by Phillip Biggs.

Ms Finlay said the current timeframes were completely unreasonable.

"Prolonging the stress and turmoil experienced by those awaiting the delivery of justice is unacceptable," she said.

"This situation has been allowed to develop under the Liberal Government's watch, who have failed to act and failed to address the problem.

Ms Finlay said Chief Justice Alan Blow had described the backlog problem as the court's "greatest challenge".

"This data is further evidence that the Liberal minority government has failed to reduce the unacceptable backlog in Tasmania's court system, delaying justice for Tasmanians," she said.

"It should be noted that while these numbers are seriously alarming, each individual case represents an incredibly significant event in the lives of those affected, which has yet to be resolved."

"It is important that the retirement of Chief Justice Blow does not further compound the backlog problem.

"The State Government must do everything it possibly can to support the Court's efforts to reduce the backlog and must continue to explore ways of alleviating the pressure our justice system is currently under."

The Supreme Court has seven judges, but Justice Gregory Geason is on indefinite leave.

New Law Society of Tasmania president Will Justo said the backlog was a big issue.

"We are one judge down but even if there were infinite number of judges and infinite courts we do not have infinite number of lawyers," Mr Justo said.

"There is a chronic shortage of lawyers and that is in both prosecution and defence."

Mr Justo said criminal lawyers were not paid much, and many chose to work in more lucrative areas.

"There is a funding issue there, and Legal Aid is constrained by its funding," he said.

Mr Justo said there was a broad range of issues, but the major one was a shortage of lawyers because many graduate lawyers were being taken into the public service or to in-house jobs.

The Supreme Court backlog has been boosted by the relatively new charge of strangulation in which 139 people have been charged with 180 charges of strangulation.

In August, Mr Barnett told the Examiner that the reasons for the backlog were significant and complex.

Figures from the Report on Government Services 2022-2023 showed that Tasmania had the highest percentage of criminal cases older than 12 months old. The state's 40 per cent compares with NSW (25 per cent), Victoria (30 per cent) and Queensland (20 per cent) WA (17 per cent), SA (23 per cent), ACT and NT (30 per cent).

Tasmania has the lowest number (47 per cent) of criminal cases finalised in 12 months or less and compares with Qld (86 per cent), SA (80 per cent), NSW (76 per cent) and Victoria (64 per cent). 

BASS HAS LOST A CABINET MEMBER AND SOME TRUTH HAS BEEN REVEALED

 

This afternoon, I have accepted the resignation of the Deputy Premier and Treasurer, Michael Ferguson.
He will continue to serve as a Member for Bass.
Michael has proudly overseen the redevelopment of the Royal Hobart Hospital, the building of a new Women’s and Children's Precinct at the Launceston General Hospital, the almost-completed new Midland Highway, and importantly, the state’s largest ever infrastructure project, the Bridgewater Bridge.
I want to thank Michael for his contribution as Minister over the past decade, for his fierce loyalty and his friendship during that time.

It is with a heavy heart that this afternoon I have tendered my resignation as Treasurer and Minister.
It is also my intention to resign as Deputy Leader of the Liberal Party.
I will continue to serve the people of Bass – who have faithfully elected me on six occasions.
And I promise Tasmanians today that I will continue to work tirelessly to deliver this Government’s plan.
I am proud of the achievements our Government has delivered, and those that I have been honoured to lead or play an important part in.
Projects like the Bridgewater Bridge, redeveloping the Royal Hobart Hospital and building a new Women’s and Children Hospital at the Launceston General Hospital.
I have chosen to act in the best interests of the Government and Tasmanians.
And I have plenty more to do for the people in my electorate and for Tasmania generally, and I will continue to serve with passion and humility as the Liberal Member for Bass.

Voters in dark: Treasurer exposed as former bankrupt

Tasmanian Treasurer and acting Premier Michael Ferguson. Picture: Nikki Davis-Jones
Tasmanian Treasurer and acting Premier Michael Ferguson. Picture: Nikki Davis-Jones

Listen to this article

Tasmania’s embattled Liberal Treasurer, Michael Ferguson, is a former bankrupt but has never declared his past insolvency to voters, The Weekend Australian can reveal.

Mr Ferguson, facing a potentially career-ending no-confidence motion over bungling of a vital wharf project and claims he misled parliament, was declared bankrupt in 1994.

Documents held by the Australian Financial Security Authority show Mr Ferguson lodged a debtor’s petition for bankruptcy, accepted on February 1, 1994.

The bankruptcy remained in place for about six months until being discharged early on August 11, 1994.

Mr Ferguson, also Deputy Premier and current acting Premier, told The Weekend Australian the bankruptcy was the result of debts incurred due to a car accident when he was a 19-year-old university student.

“I was a teenager on my way to a student-teacher prac placement when I was involved in a car ­accident for which I accepted responsibility,” he said.

“The car I was driving at the time was uninsured.

“Given my age and lack of ­income I was advised to apply for bankruptcy. I was afforded an early discharge six months later, the earliest that anyone can be given.

“This has been on the public ­record for more than 30 years and disclosed whenever required, including the Premier’s knowledge of, and through federal and state preselection processes since my first preselection in 2004.”

It is understood Mr Ferguson failed to give way in the accident and that the other drivers involved sought to recover a combined sum of about $20,000 from him as the at-fault driver.

Mr Ferguson, a federal MP ­before he entered state politics, ­described the surfacing of his bankruptcy on the eve of a ­potential no-confidence vote as “nothing more than a shameful political hit job”.

He said there were people “resorting to grubby attacks” to “bring me down”.

“Not satisfied with threats of a politically inspired no-confidence motion, they are dredging up a very traumatic incident that occurred when I was teenager,” he said.

“It shows just how low they will go. Tasmanians demand us to get on with the job of dealing with the real issues that matter to them, not this utterly toxic political pointscoring and desperate attempts to smear and tear people down.”

However, Mr Ferguson is likely to face questions over why he has never disclosed the bankruptcy to voters, either when seeking election to the House of Representatives in 2004 and 2007, or at five state elections.

Appointed Treasurer in 2022, Mr Ferguson has allowed state debt to balloon from $1.5bn in 2021-22 to a projected $8.6bn by 2027-28, prompting alarm among some economists and business leaders.

Exposure of his former bankruptcy comes as the conservative weathers a political storm over the failure to ensure two new $900m-plus Bass Strait ferries have an adequate wharf at which to dock.

“It’s little wonder Tasmania’s finances are such a mess – Michael Ferguson went bankrupt, and now he’s wrecked Tasmania’s finances too,” said Labor Treasury spokesman Josh Willie.

“It’s truly remarkable that the man in charge of Tasmania’s finances was declared bankrupt after causing a car accident and not having any insurance.

“Treasurer Ferguson has demonstrated terrible judgment time and time again. Just in recent months he’s delivered the worst budget in Tasmania’s history and overseen the biggest infrastructure stuff-up in Tasmanian history.”

Labor Treasury spokesman Josh Willie.
Labor Treasury spokesman Josh Willie.

The wharf scandal has already seen Mr Ferguson, 50, resign as infrastructure minister, and claimed the jobs of two state-owned ferry company chiefs, amid an ongoing, bruising parliamentary inquiry.

Failure to build a new wharf for the two new Finnish-built Spirit of Tasmania ferries – the first of which is due to arrive later this year – means they will initially at best operate well below capacity.

Mr Ferguson and senior figures in the state-owned TT-Line ferry company and TasPorts have blamed each other for the debacle, which also follows budget and timeline blowouts on the ferries.

Labor has called for Mr Ferguson to be sacked as Treasurer and stakeholder minister or risk being censured next week by parliament, in which the minority Liberal government relies for support on independents.

It appears 17 of the 35 lower house MPs would vote no confidence in Mr Ferguson. If one of two independents yet to declare their hands also backs the motion, it will pass, forcing Mr Ferguson to resign – or risk a no-confidence motion in the government. Mr Ferguson has denied misleading parliament.

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https://www.abc.net.au/news/2024-10-14/michael-ferguson-faces-move-to-backbench-no-confidence-vote/104468080

Tasmania's deputy premier Michael Ferguson facing backbench demotion from rare no-confidence motion

By state political reporter Adam Langenberg
A well dressed man stands holding a document.
Mr Ferguson could be relegated to the Liberals backbench if the no-confidence motion succeeds. (ABC News: Luke Bowden)
Barring a huge surprise, Tasmanian Deputy Premier Michael Ferguson will suffer a major humiliation on Tuesday, when a majority of lower house MPs send him to the backbench over the Spirit of Tasmania fiasco.

Essentially, Mr Ferguson has challenged Labor and the crossbenchers to a game of political chicken; making it clear that he'll only leave his job if they wrench him out of it in public.

It positions Tuesday as the end point of a long argument.

Is this campaign to kick Mr Ferguson out of the infrastructure portfolio, and now out of cabinet entirely, a political stunt like the government insists?

Or are a majority of MPs holding a senior minister to account over a stuff up of monumental proportions; the failure to build a berth for the new Spirit of Tasmania ships at Devonport in advance of their arrival in the state.

A large, red ferry with a smaller pilot boat in front
The two new Spirit of Tasmania vessels are late and the berth to accommodate them in Devonport has not been built — something which political opponents have laid the feet at Michael Ferguson as infrastructure minister. (Supplied: Spirit of Tasmania)

By refusing to ask for Mr Ferguson's resignation before a no-confidence vote, Premier Jeremy Rockliff is trying to make it look like a political kill; the actions of a vindictive Labor Party trying to cause political chaos.

He said as much in Launceston on Monday morning.

"Tasmanians do not like smear campaigns and the worst of politics," he said.

"What Tasmanians expect is their political representatives to get on with their job in the best interest of Tasmanians and that has been my focus as Premier."

Jeremy Rockliff speaking in front of news microphones, with greenery behind him.
Jeremy Rockliff will be needing to install a new deputy premier and treasurer if Michael Ferguson is brought down. (ABC News: Ashleigh Barraclough)

The Premier wants people to believe there is only one political party focused on fixing the mess and getting on with the job — the Liberals.

Spirit of Tasmania saga escalates
Photo shows Man sitting at board room table speaking to politiciansMan sitting at board room table speaking to politicians
The delivery of two new Spirit of Tasmania vessels has faced significant scrutiny over its repeated delays and cost blowouts. The former chair of the ferry operator has now taken aim at the government over its "appalling" support

And on a week where the government is set to pass its budget, they think the Opposition using their time to kick Mr Ferguson out of his job is a pretty good illustration of that.

But will people feel angry enough or so sympathetic for Mr Ferguson's plight that it outweighs the pain and humiliation of seeing their second in charge literally kicked out of his seat?

It's a big gamble.

It also needs people to buy into Mr Rockliff's "Labor stunt" argument.

And that falls down in a few places.

A woman in a multi coloured jumper speaking to media.
Dr Rosalie Woodruff says Michael Ferguson has a "personal incapacity to be honest with Tasmanians about what's happening in his portfolios". (ABC News: Luke Bowden)

Firstly, it's not just Labor who think Mr Ferguson needs to go.

They're only raising the no-confidence motion because they know they have got another eight MPs on board: five Greens, independents Kristie Johnston and David O'Byrne, and Jacqui Lambie Network MP Andrew Jenner.

That's a lot of other people convinced that there's merit in the motion and believe that Mr Ferguson's mishandled the Spirits fiasco so badly, and failed to be transparent with the public enough that the ultimate punishment is warranted.

And crucially, none of them think it's a stunt.

Jeremy Rockliff and Michael Ferguson at Bridgewater Bridge.
Jeremy Rockliff says Michael Ferguson would be "feeling the effects of being attacked". (Facebook: Jeremy Rockliff)

Greens leader Rosalie Woodruff said she considered reams of evidence, and thought extremely deeply, before deciding her party would support a no-confidence vote.

"It's no light matter taking a motion of no-confidence against a minister, it's so serious," she said.

"But we've just heard from so many people who were shocked, outraged, appalled at Minister Ferguson's behaviour in the role of managing the Spirits — both as treasurer and previously as infrastructure minister.

"What we could see is a refusal to answer the most basic questions about the costs, and about the timeline and the delivery of the Spirits, so basic that it shows he has a personal incapacity to be honest with Tasmanians about what's happening in his portfolios."

'A breathtaking lack of contrition'
Another of Mr Rockliff's arguments for the motion being a stunt is that Mr Ferguson's already taken responsibility for the Spirit failures by resigning from the infrastructure portfolio.

But plenty of MPs, including Mr O'Byrne, say that's not at all the case.

"I thought when minister Ferguson relinquished the infrastructure portfolio that that contrition by that act was a statement from him as minister that he took responsibility for that," he said.

"But the events of last week and public statements from Mr Ferguson has demonstrated to me a breathtaking lack of contrition in terms of his role in the TT-Line/TasPorts fiasco."

But Mr Ferguson, a Liberal frontbencher from the minute he entered state parliament in 2010, and one of the state's most recognisable and divisive politicians, carries plenty of baggage.

Artist impression of planned ship terminal.
A visualisation of the yet-to-be-built berth for the new Spirit of Tasmania ships, which are due be in service by early next year. (Supplied: TasPorts)

And the Liberals could be forgiven for asking if other ministers, who had already resigned from a portfolio six weeks ago, would face the same consequences that Mr Ferguson will on Tuesday.

He was a controversial health minister regularly derided by the Greens and Labor before he was shuffled out in 2019, who stirred up the crossbench further by announcing service cuts to Metro Tasmania in response to a driver shortage.

Tasmanian Health Minister Michael Ferguson talks to reporters
Mr Ferguson, pictured in 2014 as then-health minister, was eventually moved out of that portfolio. (ABC: Brad Markham)

Often the Liberal Party's attack dog, Mr Ferguson is not afraid to rub his opponents the wrong way — something MPs might struggle to push out of their minds when considering his future.

Opposition leader Dean Winter mentioned health in explaining why Mr Ferguson needed to go on Monday, and Dr Woodruff told reporters it was hard to separate his past from the present.

'It's clear that his past record comes to mind in this situation," she said.

"But we're here talking no-confidence in him because of what's happened with the Spirits, because of his massive stuff up there."

What happens when the motion passes?
Mr Rockliff cleared up one of the last bits of uncertainty on Monday when he confirmed Mr Ferguson would move to the backbench if the motion passes, not carry on as a minister like Liberal frontbencher Eric Abetz had suggested on Sunday.

That's in keeping with convention that a minister or premier have to stand down when the majority of parliamentarians express they no longer have confidence in them continuing in their role.

No confidence motion against embattled Michael Ferguson likely
Photo shows Man speaking in front of microphones to a group of peopleMan speaking in front of microphones to a group of people
Independent MP David O'Byrne has said he will support a no-confidence motion against treasurer Michael Ferguson when parliament resumes on Tuesday.

The last successful no-confidence motion in Tasmania was in 1989 against Liberal premier Robin Gray, leading to his resignation, and Labor's Michael Field coming into power. Another was moved in Labor's Doug Lowe in 1981, and Liberal Harry Holgate in 1982.

They are not normally moved in a minister, meaning there's a lot of uncertainty about what will happen when the motion passes on Tuesday.

But Mr Rockliff will have one hell of a headache.

He will need a new deputy premier, and a treasurer to help get his budget through.

And he may need to reconsider whether he wants to keep playing political chicken going forward.

Contact ABC News

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HE SAID .... Michael entered political life determined to make a real difference and improve the lives of Tasmanians. His vision is “for Tasmanians to be the happiest people, enjoying the best quality of life in Australia”. Michael has committed his time in public life to local, state and Federal levels of government.

Michael grew up, studied and married in Northern Tasmania. He displayed a passion for community work and charitable causes. He achieved two degrees at UTAS, a Bachelor of Education and Bachelor of Applied Science, developed interests in youth work, radio and politics. He started his own business before working as a high school teacher in 1996.

Michael taught maths, science and IT at state secondary schools. His continued commitment to many community organisations led him to being named Tasmanian Young Australian of the Year for 2002 by the National Australia Day Committee. That year Michael was elected to the Meander Valley Council.

From 2004 to 2007 he served as Federal Member for Bass. In that role he worked on a number of parliamentary and policy committees, secured funding for health, road, infrastructure, education and improved shipping between Tasmania and the Bass Strait Islands. Michael served the Clifford Craig Foundation as CEO, advancing its mission for world class medical research and encouraging more staff specialists to work at the LGH.

In 2010 he was elected as a member of the Tasmanian Parliament and has been returned at each election since.

Michael currently serves the Tasmanian people as Deputy Premier, Treasurer and Minister for Infrastructure. Previous portfolios include Health, Finance, Local Government, Housing, State Growth, Small Business, Science & Technology, Police, Fire & Emergency Management, Transport, Planning and Leader of the House.

Michael strongly believes in the values of hard work, self-discipline and personal integrity all underpinned by his Christian faith. He is married to Julie and they have three adult children.

Ministerial Charter Letter

The Ministerial Charter Letter commits Ministers to upholding the highest of standards of public office and delivering every element of our 2030 Strong Plan for Tasmania’s Future. The Charter outlines the priorities of each Minister that will drive their actions and decisions.

View Michael Ferguson's Ministerial Charter Letter.