Re: I'm on the tyranny of fud and it's relation to slavery at the moment.


"Richard Corfield" <Richard.Corfield@xxxxxxxxx> wrote in message
news:slrnfa0msn.37e.Richard.Corfield@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
On 2007-07-19, possum <zen102422@xxxxxxxxx> wrote:

put another way, i would say the department's assumption typically is
that
it is right and it has the power. the decision that shambo is for the
chop
is their starting point, and they work backwards from there, in terms
of
justification. to be lawful, the decision should be reached in
conclusion
of a proper decision-making process, how can it be fair otherwise?

I think you put it well.

hi richard.
thank you.


the judge didn't put it that way, and didn't have to, and in fact
disagreed with with the claimant's counsel's description of the
department's decision as 'self-serving'. i won't bandy adjectives,
but
just say, i can't see what grounds the Minister has to appeal the
decision.

I'd expect they'd have to prove the public health grounds for their
policy which would be interesting in a court of law.

i think i agree. : )

they will have to show that the public health objective would be placed at
real risk if shambo were not slaughtered, but dealt with by other
proportionate measures, to the extent that no discretion can be exercised
in his favour.


A lot of farmers
would watch the decision, though I don't know how well things would
match for them. I don't think many farmers could or would isolate and
treat their cattle when it sounds like the government policy is to give
compensation when they slaughter.

the payment of compensation is a balancing of commercial interests and
fairness against the public health objectives, i suppose. i'm not saying
it's well balanced.

i'd think some farmers will find it all very interesting...



possum



- Richard

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