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Roland Kulen
07 Mar, 2010

EveryonePlays: Atkinson - The Facts

PALGN Feature | Do you agree with Michael Atkinson’s views?
The following are issues ranging from Bikie Laws, Internet Anonymity Laws to Asbestos Laws that Michael Atkinson has been involved with, in some form or another.

Have a read and decide if you your views are similar to Michael Atkinson’s. Would you obstruct the issue in question? Or do you agree with him? Did common sense prevail?

You decide.

But first a little background on the honorable member of Croydon, SA.

Michael John Atkinson is an Australian politician who was first elected to parliament in 1989 and from then till 2002, served a variety of Shadow Portfolios. Since the State Labor Party won the 2002 election, he has taken the positions of current South Australian Attorney-General, Minister for Justice, Minister for Veterans' Affairs, and Minister for Multicultural Affairs in the Rann Labor Government. He represents the electorate of Croydon in the South Australian House of Assembly.

Most outside of South Australia are unlikely to know much about Mr. Atkinson. Having been in the job and the public eye for almost eight years, what else has happened during his time in office?

Date: June to August 2003
Issue: Ashbourne/Clarke Affair

Overview: Early in his tenure, Michael Atkinson had been entangled in the “Ashbourne/Clarke affair”, involving Premier Mike Rann’s former media advisor, Randall Ashbourne, and former Labor deputy leader, Ralph Clarke.

Ashbourne allegedly offered settlement of defamation actions between Clarke and Atkinson, where Clarke was supposedly to be offered lucrative statutory board positions.

While Ashbourne was charged and lost his job over the affair (though acquitted in June 2005), Atkinson stood down between June and August 2003. However, the DPP found that there was insufficient evidence to charge Atkinson. Clarke didn’t publicly comment until November 2005, where he told an upper house inquiry that Ashbourne suggested positions might be available "in the future, although no timeline was suggested", and that he understood that Ashboune was speaking as Atkinson's "emissary or conduit”.

Source

Date: 3 May 2007
Issue: Sale of X Rated Movies in South Australia

Overview: In 2007, the Federal Government supported a regulated retail environment for the sale of X rated movies.

However, South Australia still prohibited their sale. “Federal Labor policy now firmly states that adults in South Australia have a right to purchase adult material as long as it is not sold to minors, is not sold through family areas and as long as there is no degrading or demeaning imagery in it," said Eros Foundation chief executive Fiona Patten, “All these criteria are met by selling X18+ films through the restricted adult shop network that already exists in South Australia”.

Ms Patten claimed that if Michael Atkinson was serious about the prohibition of adult films then he should extend bans to include buying and possession, and not just outlaw the sale.

Source

Date: 12 August 2009
Issue: Defamation Case Against Atkinson

Overview: Michael Atkinson, the most senior legal authority in South Australia, was sued by the second most senior legal authority in South Australia, Deputy Chief Magistrate, Dr Andrew Cannon, for defamation.

Dr Cannon claimed that Atkinson had labeled him “daft” and “delusional” for suggesting that overcrowded jails should be taken into account when sentences were being handed out, which was apparently suggesting that lighter sentences could solve the problem of overcrowded jails.

While a public apology in March came out of the blue, Atkinson avoided a court date with an out-of-court settlement. Unfortunately, it was the tax payers that would be footing the $200,000 bill covering compensation and legal fees.

Source

Date: 18 September 2009
Issue: Asbestos Laws in South Australia

Overview: Independent Senator for South Australia, Nick Xenaphon, and South Australian Independent, John Darley, joined with asbestos victims and their families at the old James Hardie site to rally for asbestos regulation reforms.

Secretary of SA Unions, Janet Giles, who also attended the rally, had this to say: “In 2007 we asked the Attorney General Michael Atkinson to fix the regulations as a matter of urgency. In May 2008 we made a submission to the state government suggesting the date be set at 1960. It’s now September 2009 and the Attorney has yet to act”.

Source

Date: 25 September 2009
Issue: Bikie Laws in South Australia

Overview: Following the Bikie Gang fight in Sydney Airport in March 2009, the Australian states moved for laws to be introduced regarding the declaration of criminal organisations.

Legislation was introduced in South Australia, that empowered the Attorney-General (currently Atkinson) to declare any group a criminal organisation. Subsequently, the Finks motorcycle club was declared a criminal organisation in May and eight members became subject to control orders.

Two members challenged the laws in the Supreme Court, and it was found that the new laws were unconstitutional. The court ordered that the tax payers fund the legal expenses of the two bikie club members, and the bill was estimated to have cost tens of thousands of dollars.

Source

Date: 13 October 2009
Issue: Aboriginal Gangs are “Pure Evil” – Atkinson

Overview: Prominent Aboriginal community leaders were outraged by Michael Atkinson’s comments that the members of the Gang of 49 would be better off in jail rather than “"glorying in their criminal rampage".

He also claimed that they would have a better life in state detention where they would receive regular meals and an education.

“They are resistant, immune to any rehabilitative programs at this time in their lives," Mr Atkinson said, “This hard core needs to be put behind bars and kept there. We are dealing with an evil phenomenon” and that “Many of the Gang of 49, we know, are youths and under 18, and indeed some of the leaders of the gang we know are juveniles and teenagers".

He continued, "But rehabilitation is not going to do anything. We have to keep them away from society as long as we can.”

The chief executive of South Australia's Aboriginal Legal Rights Movement, Neil Gillespie and former ATSIC chair, Lowitja O'Donohue were among the prominent figures to speak out against these comments.

Mr Gillespie said that the "criminal mindset within a jail made things worse. We should be working with these kids so that they don't reoffend”.

Source

Date: 3 December 2009
Issue: Allegations of Corruption

Overview: Independent MP, David Winderlich led a motion for an Ombudsmen enquiry into the St Clair (a suburb in South Australia) land swap and the allegations that the residents of this area were intimidated by the staff members of Michael Atkinson.

Mr Winderlich claimed, under parliamentary privilege, that four complaints had been made to police about Mr Atkinson or "people closely associated to him" and had revealed testimony from people who feel "personally threatened by the Attorney-General”.

Mr Winderlich also relayed an allegation that one "councillor who had opposed the land swap recently changed his vote late in the piece’’

“Residents assert that this is because he has been promised the Honourable Michael Atkinson's support for a Labor seat," Mr Winderlich told parliament, and he also revealed claims that another councillor was offered a position as a council committee chair and attracting payment of $3000 if he rejoined the ALP.

Furthermore, he quoted from an email sent by a resident who claimed an internet forum discussing the St Clair land swap had been hacked and forced to shut down. The resident claimed Mr Atkinson had visited the site and had attacked residents for engaging in community conversation about the land. Mr Atkinson denied the allegations and said he would initiate legal proceedings if it was “necessary” and would do so at no expense to the taxpayer.

Source

Date: 15 January 2010
Issue: Censorship of R18 Movie Boxes

Overview: The film industry was shocked when a new law was quietly passed in South Australia, restricting the promotion and display of R18 movies.

Announced by the office of Michael Atkinson, the law came into affect on 10 January 2010 and applied to titles for sale or rent. Titles ‘quarantined’ from all other audiovisual materials, in an area signposted with a warning were accepted from this law.

The law only applies to premises that sell other related products that are rated lower than R18, namely other films, and not adult-only premises. Many distributors expressed their surprise at this introduction, as they were “gobsmacked” that it had flown completely under the radar and that plain packaging would prevent customers from making informed decisions.

“It's certainly discouraging people to look for these films, discouraging shops from stocking them and creates an extra hassle for distributors," Potential Films managing director, Mark Spratt said. It also had the potential to harm retailers in South Australia, as consumers who wanted to buy the titles with their packaging intact would shop interstate or online.

Source

Date: 3 February 2010
Issue: Internet Anonymity Laws in South Australia

Overview: In January 2010, Michael Atkinson enacted laws in South Australia that required bloggers and posters commenting on the March 20 state election to leave a real name and address.

Under this law, anyone found to be posting false information would face fines of up to $1250 for individuals and $5000 for businesses. After severe public and political backlash, Atkinson tried to justify the laws by telling DMG radio that the laws were needed because people such as Aaron Formation were plants for the Liberal Party.

“I'll give you an example; repeatedly in the Adelaide Now website one will see commentary from Aaron Fornarino of West Croydon. That person doesn't exist” he said along with, “That name has been created by the Liberal Party in order to run Liberal Party commentary”.

Incidentally, not only did Aaron Fornarino exist, he lived a few hundred metres away from Atkinson’s electoral office. Furthermore, Mr Fornarino claimed that he doesn’t care much for either the Labour or Liberal Party. Humiliated, Atkinson was forced to repeal the laws.

The shadow Attorney-General, Vickie Chapman, welcomed the removal of the laws but was much less complimentary of Atkinson and the Labor government’s handling of the issue. She further went to explain “All parties had supported the bill when it passed through parliament, but it had been explained that the legislation would target trivial issues”.

She claimed that “No sooner is the ink dry than the attorney-general is announcing every site will be exposed to this," and “That is completely contrary to the information that was given to us”. Believing that the Liberals and other members of the parliament had been misled and that the minister had diminished the reputation of a member of the public, Ms Chapman called for Mr Atkinson’s resignation or for the Premier, Mike Ran, to sack him for a breach in ministerial conduct.

“Mr Atkinson's true intent, incompetence and lack of disclosure about the laws had been exposed,” Ms Chapman said.

Source

Date: 5 March 2010
Issue: Funding a Video Game ‘Cancer’ Group

As news broke that 55,000 submissions had been made to the Attorney-General’s public consultation on video game classifications, the most ever for a public consultation, it has been reported that Atkinson had made annual grants estimated $33,000 worth of donations to the Australian Council on Children and the Media through their trading name, Young Media Australia.

"The South Australian Attorney-General recently provided $33,000 for the project ‘Know Before You Go’," fellow Labor Party MP, Gay Thompson, told parliament in 2006. The ‘Know Before You Go’ project had the council reviewing just how suitable some movies were for different aged children.

CEO Barbara Biggins said the funding from Mr Atkinson's department had nothing to do with the council's view on video games. “It's the only project that's funded by him and it's been funded for years now. And I think good on him for helping parents to understand the classification system better," she said.

This statement comes in light of an expert from the council telling a TV news program the link between violent games and youth violence was stronger than tobacco and cancer. “It’s much greater than the effect of smoking on lung cancer,” psychologist Dr Wayne Warburton said.

Source

And, now, a challenge for our readers.

These are just a few amongst all the issues that Michael Atkinson has been involved in. Can you find any others? And, in particular, can you find any others where you agree with him?

Please post in our forums below.

Related Content

R 18+ Classification Roundtable
25 Sep, 2009 We give our thoughts on the adult video game debate.
Public invited to get involved in the R18+ debate
20 Apr, 2009 Discussion paper on the way.
An R rating would protect children
20 Mar, 2009 Michael Atkinson is right to want to protect children, he's just going about it the wrong way.
27 Comments
2 years ago
Unfortunately, I really don't agree with him on any of these stances, especially the "Aboriginal gangs are evil" debacle.
2 years ago
Devil's advocate here but it is entirely unfair to create a negatively toned article under the guise of facts without listing legislation passed which was beneficial to the community Mr Atkinson represents. Anyone can ultimately pick a career spanning 8 years and take the negativity of such a career without the positives or vice versa, it just felt entirely petty reading it that the focus was entirely on the predisposition of what he's done wrong instead of an unbiased written piece of merit.

That's just how I felt at the end of reading it since it's quite obvious that we are not going to be agreeing with the minister on several fronts due to a clash of ideologies.
2 years ago
I believe that's called fighting fire with fire.
2 years ago
I'm just a law novice at the moment, but don't judges in Australia have the power to dismiss certain laws if they have a "lack of reason" or common sense?

So if someone brings a dispute to court about those R18+ movies/games, he could essentially appeal against Atkinson's laws and thus over-rule it?

I'm not quite sure, I'm just starting to learn about the basics of constitution and the like at uni...
2 years ago
I partially agree with Fly; by cherry picking negative aspects of his life and career, this article is founded on bias principles. That said, it's purpose is to bring to attention these negative events and show that the man himself is not as perfect as he likes to make others believe (which is the impression I get whenever I read any of his statements).
2 years ago
Karai Pantsu wrote
I believe that's called fighting fire with fire.
Or stooping to their level, it's a funny world with such adages. icon_razz.gif
2 years ago
Politics is a game of dirty tricks, seems naive to expect that reason and well formed arguments alone will get you where you need to go.
2 years ago
I think this article just seems a little at odds with the overwhelmingly positive stance Everybody Plays has been taking thus far in their campaign.
2 years ago
Fly wrote
Devil's advocate here but it is entirely unfair to create a negatively toned article under the guise of facts without listing legislation passed which was beneficial to the community Mr Atkinson represents. Anyone can ultimately pick a career spanning 8 years and take the negativity of such a career without the positives or vice versa, it just felt entirely petty reading it that the focus was entirely on the predisposition of what he's done wrong instead of an unbiased written piece of merit.

That's just how I felt at the end of reading it since it's quite obvious that we are not going to be agreeing with the minister on several fronts due to a clash of ideologies.
Can you find any positive news on Atkinson? I'd like to see it.
2 years ago
Karai Pantsu wrote
Politics is a game of dirty tricks, seems naive to expect that reason and well formed arguments alone will get you where you need to go.
I'm not a politician, are you? icon_razz.gif

South Australia have an alternative in the Gamers4Croydon group, fighting fire with fire or stooping to the level of the common pollie will only disassociate the party with the people they want to represent.

gresszilla wrote
Can you find any positive news on Atkinson? I'd like to see it.
A quick google search comes up with this article; ABC News

Quote
SA Attorney-General Michael Atkinson says the planned changes would let victims suggest a sentence for the offender.

"The sentencing process should not be some kind of test cricket game in which the defence and prosecution play the game and the victim looks on from the grandstand from the other side of the pickets," he said.

"In my view, the victims should be able to nominate a sentence."

The legislation would also make it mandatory for judges to consider imposing restraining orders on sex offenders.

Victims Rights Commissioner Michael O'Connell says the changes would be a positive step for those victims who wish to have a greater role in a trial.
So the honourable minister wishes to increase rights for victims of crime and took positive steps to improve their rights. This is one such article where he acted on behalf of the community for the good of the community in a way that many cannot argue with.

But yes, if you look at his tenure as AG;

2003: 63 acts
2004: 57
2005: 81
2006: 44
2007: 60
2008: 52
2009: 86

You are basically saying that out of 443 pieces of legislation passed under Atkinsons tenure as AG there is not one that is good or beneficial?

Disagree on particular policies and legislation we may, slander that he has done no good at all we cannot. That is what I am saying. His philosophies on items which he was not brought up on are archaic and backwards compared to our viewpoint, however this particular article was painting the man in a negative light through associated articles of corruption or backhanded methods, I merely expected more balance.
2 years ago
As if he is balanced with us.
2 years ago
With regards to the censorship of R18+ movie boxes, some retailers don't seem to be taking it too seriously.

For example, I was in Sanity today and they had all their R18+ movies on display, with a small sign saying something to the effect of "R18+ movies, you have been warned". They were right in the middle of the store, out in the open. Funny thing is, even if retailers do put them out of sight, now it is even easier to find R rated movies because they are now all located in the same part of the store.

Also, St Clair is not a suburb, it is a recreation centre on a big chunk of land that they want to develop into a housing community and eventually a suburb.
2 years ago
Fly wrote
So the honourable minister wishes to increase rights for victims of crime and took positive steps to improve their rights. This is one such article where he acted on behalf of the community for the good of the community in a way that many cannot argue with.
Personally I think that the victim should have no role in the trial in regard to verdict or sentencing. They say their bit and let the jury/judge decide. Allowing the victim to help sentencing is a completely stupid act as they are completely bias and would result in the majority just going straight for the maximum time in jail.
2 years ago
This is, like, Fox News level journalism right here. This is honestly one of the worst, if not the worst, articles I've ever seen published on PALGN.
2 years ago
i feel like feeding him to the sharks , as i read it i also thought what the fly said but some of those things are just plain silly.
2 years ago
Quote
So the honourable minister wishes to increase rights for victims of crime and took positive steps to improve their rights. This is one such article where he acted on behalf of the community for the good of the community in a way that many cannot argue with.
Im strugglng to see the positive effects of allowing victims of a crime to flex their need for retribution or revenge, by being involved in deciding on punishment.

We insist on long and thorough educations for our judicial bodies, insist on stringent guidelines to avoid bias and unfair or unjust punishment, and you would applaud the idea of the party least likely to have an objective view on the matter circumventing this system?

Institutionalising street justice is a terrible idea.
More to the point, do I care about about Michael Atkinson’s views? No, I don't because most of the mentioned views have absolutely no relevance to the issue at hand, and half of them aren't even relevant to people outside the state of South Australia.

This is a gaming site. There's no need to smear the man over issues that are of no concern to gaming. All this does it make us out to look like petty idiots who think our points are view on one issue are not strong enough to rebuke his stance, so we must point out every horrible thing the man has done. Why? What purpose does this article serve? Is it supposed to make me think he is a completely unreasonable, dishonest, corrupt, racist idiot? Job done. Now what? Hell, you don't even offer any personal insight into these points; it's just a smear article; the kind of thing you expect to see on a political pamphlet at election time by the other side.

I don't agree with many of the things the article mentions, but this is entirely the wrong way to go about this. Attack his points of view, not the man.
2 years ago
DancesInUnderwear wrote
This is, like, Fox News level journalism right here. This is honestly one of the worst, if not the worst, articles I've ever seen published on PALGN.
Agree. And labeling them as 'the facts' is the icing on the cake. Lets see less bias next time please.
2 years ago
What is going on with PalGN lately. Ugh maybe I'll visit less frequently if crap like this routinely features.
2 years ago
wrote
Attack his points of view, not the man.
I think many of us here, myself included were quick to jump on the band wagon that this article is sinking to their level.. but after having lunch and thinking about it further, I came back to my laptop and had the article still up, and continued to ponder on all of this..

Yes, much of this article is smearing the man's reputation.. but some of it does bring to light the attitudes that has Mr Atkinon's towards the country he has powers of governance over. He truly believes in what he is doing, and believes it is the right thing..

He actually believes that our country has reached a point where we as individuals can not protect our selves anymore, and that through his influence, he can 'save us from ourselves'.. In the featurette about the indigenous gang, he really believes that these people can not help themselves, and that intervention is the only option.. and I think that this article over all is trying to highlight the fact that this man believes that people can no longer distinguish the "acceptable" from the "un-acceptable"..

He really believes that he is one of the few people who knows the difference between the two, so it's his duty to us, as SA A-G, to ensure that we don't have the opportunity to make the "un-acceptable" choices, by only providing us with the "acceptable" choices! For us of course, this means that he believes that by disallowing us the option of choosing to purchase an R18+ game title, he is creating an environment where the - as he sees it - dangerous choice is removed.. I could go on, but lets face it.. this issue isn't anything new anymore anyway.. so I guess I'm preaching to the choir now.. but yeah.. just my thoughts...

I just hope though that there wont be more of those gamers who don't respect the fact that Mr Atkinson is doing what he believes is righteous. It really looks bad on the mature ones of us when we get "Michael Atkinson is an idiot who should die" comments..
2 years ago
I appreciate that, Wrath. I really do.

But for me, the greater problem is that articles like this cede the 'happy shiny' rep we need to build. We need to exude positivity here, look like the reasonable, happy, 'we can please everyone' group. Emphasizing protecting the children is a good step, it forces our opponents to try and explain their position compared to ours. But attacking our opponents just makes them look equivalent to us.
This article achieves nothing beyond making Atkinson out to be a bad person who lacks judgment. And somehow because of this, we're supposed to pop down to GAME and sign a petition? Is that what the author of the article is trying to achieve here? Is he trying to get SA residents to vote this guy out? Are we supposed to believe this man's views on the matter we're fighting about are wrong because of his held views on other totally unrelated matters? What exactly this this article trying to accomplish?

Perhaps Roland can clarify the article's intention for us.
2 years ago
The aim of this article is to point out the bad decisions and "scandals" that have plagued Micheal Atkinsons tenure as AG.

It is an obviously biased article. However it is focusing on these bad points as the writer must belive that these points must be too damning for Atkinson to continue as AG.

Sure he may have implemented some good policies, and people have every right to point them out as the writer states.
PALGN wrote
These are just a few amongst all the issues that Michael Atkinson has been involved in. Can you find any others? And, in particular, can you find any others where you agree with him?
Decisions to elect one party over the other are based on past performance and future promises. For some people they may not look to Atkinsons other accomplishments and only to him holding back the introduction of a R18+ rating. Many if not most people vote for the policies which will affect them the most and as such a gamer interested in a R18+ rating may not care/care to know that Atkinson may have introduced policies to help the elderly, or the disabled, or that he may have put a traffic calmer in near a school to slow traffic and "protect the children" from something actually life threatening to them.

This articles server to point out the other bad points about Atkinson, so voters at the poll may have more than just the blocking of the R18+ as a reason to vote him out.

tl/dr - Article is biased. Pointing Atkinsons many bad traits to sway voters. Nothing new in political media.
2 years ago
timmay33 wrote
Article is biased.
The article starts by saying, put simply, "do you agree or disagree?" If you disagree with all of Atkinson's positions; after your own research you may find you're agreement with some of his decisions. I'll leave that to you, as mentioned in the close. The article is not biased it only presents a slate of his decisions, nothing more.
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