I've been thinking . . .

[Francesco]

Note on govt power re MarkR

Hi MarkR

I read with a fair bit of unbelief that in NZ the govt closed a defined benefit scheme and confiscated private contributions without compensation. That would go against the grain of Commonwealth justice.

In Australia, that cannot happen as the federal govt cannot confiscate private property without fair compensation under the constitution. That's basically my understanding of law 101. Happy for the lawyers out there to contradict and enlarge.

 

[Peter 14.7]

Hi MarkR

I read with a fair bit of unbelief that in NZ the govt closed a defined benefit scheme and confiscated private contributions without compensation. That would go against the grain of Commonwealth justice.

In Australia, that cannot happen as the federal govt cannot confiscate private property without fair compensation under the constitution. That's basically my understanding of law 101. Happy for the lawyers out there to contradict and enlarge.

I am also amazed but when you think off the Goverment is the power essentially like the Queen. Who do you complain to if they change the rules? The High Court. Who appoints the Judges?

More Probable is the Small Changes that effect us All.

Already we are seeing a decline in Health Care which is significantly the care for aged persons. If we all have to work until 70 that abother 5 years of no pension and less to Super funded life to find. Lump Sum are being phased out I understand. Let then die first I guess.

I wonder if health care will become like Bread Queues in Communist Russia. All comrades could buy bread for only say a $1 due to state control. Only trouble was at that rate only enough bread could be prodcued to feed 50% of the poulation.

All the more reason despite taxes to manage your own future wellbeing yourself.


Peter 147

 

[quiggles]

In Australia, that cannot happen as the federal govt cannot confiscate private property without fair compensation under the constitution. That's basically my understanding of law 101. Happy for the lawyers out there to contradict and enlarge.

You're pretty much right (says the non-lawyer). Section 51(xxxi) of the Constitution does not allow the Commonwealth Government to acquire property without just compensation. As just compensation is defined by the courts to consist of money, the least amount of compensation they could pay back is the cash loss caused to you, but there might also be other grounds for compensation. Most, but not all, of the caselaw involves acquisition of real estate.