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SYDNEY, Jan 7 AAP A flood of asylum seekers are expected to appeal their failed bids to live in Australia after a court ruling that has prompted the federal government to overhaul the legal process.

T h e move fo l lows a H ig h C ou r t decision in November last year that fou n d t wo Ta m i l a s y l u m s e e ke r s detained on Chr istmas Island were wrongly denied the opportunity for review of the decision to deport them.

It opened the door to judicial reviews for offshore asylum seekers and the federal government has introduced a range of measures to ensure the process is as efficient as possible.

"The minister for immigrat ion has outlined today a processing system so we properly deal with asylum-seeker claims, given the High Court case that was announced fairly recently," Prime Minister Julia Gillard told reporters in Perth on Friday.

Appeals will first be considered in the Federal Magistrates Court, then the Federal Court and f inally applicants will be able to seek special leave to appeal to the High Court of Australia, Immigration Minister Chris Bowen said in Sydney.

"This, obviously, has the potential to be a lengthy process, considerably adding to people's time in detention, meaning that ou r system could face f u r ther delays."

Two new federal magistrates will be appointed to deal with the caseload, at a total cost of $1.6 million, including administrative costs, to be absorbed by the department, Mr Bowen said.

Opt ions a re a lso being examined to ensure the l it igation is dealt with quickly, he said.

Mr Bowen said the government had "streamlined" its refugee assessment process to allow earlier decisions on whether someone needs protection.

From March 1, asylum seekers whose cases do not meet that criteria at first instance wil l be fast-tracked to an independent assessor.

If the claim fails, they can appeal to the Australian courts.

Mr Bowen said the gover nment is bracing for a "la rge propor t ion" of failed asylum seekers to appeal their rejections, regardless of the merits of their case.

"Certainly in the first instance, and then they may see if a number of appeals are rejected, we may see a change," he said.

Refugee advocate Jamal Daoud, from the Social Just ice Network, said he expected all detainees will apply for judicial reviews.

"This will f lood the judicial system with cases," he said.

"The minister should have gone further and decla red the death of of fshore processing regimes."

Mr Bowen sa id appeals wi l l on ly be successf u l when t hey rela t e to procedural fairness and matters of law.

In accordance with the High Court's decision, the immigration department has already begun ensuring that reasons for rejection - or information that might lead to rejection - are put to asylum seekers to allow them to rebut them.

Former commonwealth immigration ombudsman John McMillan is exploring ways to speed up litigation, and will give his recommendations to the government in February.

One option under consideration is the removal of the r ight of appeal to the Federal Court, which would pave the

way for appeals directly from the Federal Magistrates Court to the High Court.

Mr Bowen said it was difficult to judge what effect it would have on the number of asylum seekers coming to Australia.

He said the High Court decision would not necessa r i ly be seen as mak ing Australia's immigration system more accommodating.

"There will of course be some criticism ... but we consider this is a well-balanced response, which balances the need for a speedy and efficient process with the need to provide people with procedural fairness as they go through that process."

Opposition Leader Tony Abbott said the government was floundering.

"This is just yet another bureaucratic reshuffle in response to a problem that has only one solution, and that is to stop the boats," he said.

Greens senator Sarah Hanson-Young said the government's response fails to add ress the major cr it icism that underpinned the High Court judgment - that asylum seekers should not be treated differently because of the way they arrive.

"This is allowing a two-class system to continue to exist," she told reporters in Adelaide.

CANBERRA, Jan 6 AAP B u s i n e s s h a s wa r n e d t h e f e d e r a l government rising labour and finance costs are squeezing profit margins and constraining employment growth.A t t h e s a m e t i m e , b u s i n e s s i s "caut iously opt imist ic" about thei r own circumstances and the health of the economy in 2011, the Australian Chamber of Commerce and Industry says.

The f i r s t released major business survey of the year - the ACCI Survey of Investor Confidence - shows there are early signs of improvement in actual and expected business trading conditions.

H o w e v e r , b u s i n e s s e s r e m a i n e d uncertain about the strength of the local economy because of a strengthening Australian dollar, rising interest rates

and the European sovereign debt crisis."The two-speed economy is leaving

Australian business in two minds about the nature of our economic recovery," chamber chief executive Peter Anderson told reporters in Canberra on Thursday.

"Business certainly retains its instinct for opt imism ... and businesses are wanting to be optimistic about their own business trading conditions."

There had been "some improvement" in business activity during the December quarter.

"However, business is recording in this survey significant caution about the nature and durability of our economic recovery," Mr Anderson said.

T h e s u r v e y s h o w e d t h e r e w e r e constraints on business investment.

"They a re wage-cost const ra int s ,

which emerged significantly during the last quarter, constraints on accessing f inance, and thei r const raints ... of margins and profit margins."

Wage movements were exceeding the rate of inflation, but not being matched

by improvements in productivity, Mr Anderson said.

"Wage movements are also eating into the capacity of businesses to invest and expand."

T h e c h a m b e r h a s c a l l e d o n t h e government to reaffirm a national wages policy that links pay rises to increases in productivity.

3 Friday, 14 January 2011

SYDNEY, Jan 5 AAP NSW had its wettest year in half a century in 2010 as cold ocean temperatures caused heavy rain which broke the drought.

The weather bureau said the state's wet conditions were the result of a "very strong" La Nina event in the Pacific Ocean, in combination with a negative Indian Ocean Dipole event, a sea-surface temperature phenomenon.

Spring 2010 was the wettest on record for both NSW and Australia, the Bureau of Meteorology said.

NSW recorded 803.14mm of rain during

the year, well above the average of 559mm, which made it the third wettest year on record.

However, the heavy rainfall did break the long-term drought in southeastern Australia.

No part of NSW was declared in drought or marginally in drought by December 2010, the bureau said.

On the other hand, several major floods occurred during the year, mostly impacting southern NSW.

Sydney experienced temperatures above average for the 18th year in a row.

The city had its wettest year since 2007, recording a total annual rainfall of 1153.8mm during 2010, slightly below the historical

CANBERRA, Jan 4 AAP Whacking a new tax on goods bought online from overseas retailers isn't a quick fix to the problems facing local businesses, the federal government says.

A group of Australian retailers wants the government to level the playing f ield by charging foreign retailers the GST on cheaper goods or, alternatively, scrapping it for everyone.

At the moment no GST is imposed on goods bought from international websites for less than $1,000.

The campaign, backed by Myer, David Jones, Harvey Norman, Target, House, Borders and Angus & Robertson among others, began on Tuesday with full-page newspaper advertisements.

But Assistant Treasurer Bill Shorten says goods sold on the internet are often between 30 and 50 per cent cheaper. The GST is just 10 per cent.

"So I don't accept all of the arguments that the big retail end of town is running," he told reporters in Melbourne. "I don't see the

argument which says that retail will have blue sky if we slap a tax on the customers ... to discourage them from shopping online."

The federal government has asked the Productivity Commission to inquire into "the implications of globalisation on the Australian retail sector".

Act i ng At tor ney- G enera l Brendan O'Connor said the commission was due to repor t back in nine months and the government wouldn't "rush to judgment" before then."We understand retailers are doing it tough," he told reporters in Sydney. "(But) that's mainly due, I think, to the rate of the Australian dollar, the exchange rate and also, no doubt, as a result of the effects, of the lasting effects, of the global financial crisis."

Billionaire retailer Gerry Harvey says many businesses simply can't wait for the Productivity Commission to do its work.

They're likely to go broke over the next three months which means the government must change the tax now, he said."This has been given to the Productivity Commission which is going to take nine months ... We

can't wait that long. "For many retailers this is a case of life or death."

The general manager at upmarket retailer David Jones, Helen Karlis, said local retailers would be prepared to compete on price if the GST inequities were removed.

"If they remove GST from us, then we will happily compete on price," she said.

But consumer advocacy group Choice described the retailers' campaign as an

"alarmist red herring" driven by self-interest.

"This is not about GST," spokesman Christopher Zinn said, noting that a camera sold online by Myer for $557 could be bought from Hong Kong through a company with Australian-based staff for $346."Major stores are not being forced to charge these high prices."This debate is about quality of service, competitive pricing and the inability of some retailers to understand the future of internet shopping."

Mr Zinn implored customers to look online and "be surprised how much money you can save".

SYDNEY, Jan 2 AAP The Federal Government is stepping up attempts to boost the organ register after figures revealed just 30 per cent of donors sign up before they die.

Hu m a n S e r v i c e s M i n i s t e r Tanya Plibersek said there was an urgent need for donors to save their loved ones the "extremely difficult" decision.

She made her appeal after doctors widened the criteria for potential donors, meaning patients could be given the healthy organs of smokers, heavy drinkers and the elderly.

Ms Plibersek vented concern that only 74 of 247 people who donated their organs last year were on the Australia New Zealand Organ Donor Registry.

"Doctors will always seek permission from family before removing organs from a

deceased person in order to save the life of someone waiting for a transplant," Ms Plibersek told reporters in Sydney on Sunday.

"But the decision to donate, which is often made at an extremely difficult time, is far easier for the family if people indicate their intention to be a donor by talking to their loved ones and signing onto the register."

Australia still lags behind many countries in donor registrations, leading doctors to extend the criteria for acceptable donors.

Professor Jeremy Chapman, of the worldwide Transplantation Society and director of Westmead Hospital's renal unit, told the Sunday Telegraph that while not ideal, heavy smokers, drinkers and even cancer patients could still be organ donors.

"We extended the criteria in July so we now evaluate organs from a wider criteria to have

more potential donors," he told the paper. "We are looking at older donors, looking at donors who have had a previous infect ion with hepatitis C and looking at donors that we might not previously have considered." There is no requirement for donors to have given

prior consent before they die.Across the country, the report showed that

South Australia donated the most organs per capita out of all states and territories.

"According to the report, the median age of an organ donor was 48 years and the most common cause of death was heart failure, at 48 per cent, while road trauma accounted for 13 per cent of donor deaths," Ms Plibersek added. Around 1,700 people remain on official transplant waiting lists at any one time, she added.

average of 1214mm.Sydney's Warragamba Dam catchment

received above average rainfall during the year with totals ranging from around 1100mm in the lower catchment to 889.2mm in the upper catchment.

Su m me r s now fe l l a t t he Snow y Mountains on January 18.

Light snow was sprinkled as low as 900 metres in the Cooma-Bombala region, the first time this has happened at this time of year since records began.

Friday, 14 January 2011 4

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