text:
Independent Contractors Bill 2006
WARNING: This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.
Passage History Purpose Background Financial Implications Main Provisions Concluding Comments Endnotes Contact Officer & Copyright Details
Date introduced: 22 June 2006
House: House of Representatives
Portfolio: Employment and Workplace Relations
Commencement: The formal provisions (clauses 1 and 2) commence on Royal Assent. The substantive provisions (clauses 3 to 43) commence six months after Royal Assent unless commenced earlier by proclamation.
The proposed independent contractors legislation is made up of two Bills: the Independent Contractors Bill 2006 (the Principal Bill or Bill ) and the Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006 (the Consequential Bill ).
The purpose of the Principal Bill is to move contracting relationships as far as possible away from the realm of employment and to place these relationships as far as possible under commercial regulation.
The Government made a commitment to the introduction a separate Independent Contractors Act during the 2004 federal election campaign. The Coalition s policy paper, Protecting and Supporting Independent Contractors stated:
A re-elected Coalition Government will introduce the Independent Contractors Act to prevent the workplace relations system from being used to undermine the status of independent contractors. [ ] While the courts have developed tests to uncover sham independent contractor arrangements, there is a view in the community that these tests have gone too far and that too frequently, the honest intentions of parties are disregarded and overturned. A party s freedom to contract must be upheld and there must be certainty in commercial relationships. The Independent Contractors Act will seek to ensure that these principles are enshrined and protected.(1)
A re-elected Coalition Government will introduce the Independent Contractors Act to prevent the workplace relations system from being used to undermine the status of independent contractors. [ ]
While the courts have developed tests to uncover sham independent contractor arrangements, there is a view in the community that these tests have gone too far and that too frequently, the honest intentions of parties are disregarded and overturned.
A party s freedom to contract must be upheld and there must be certainty in commercial relationships. The Independent Contractors Act will seek to ensure that these principles are enshrined and protected.(1)
The Minister for Employment and Workplace Relations, when introducing the Bills to Parliament, reflected a similar commitment to ensuring that independent contracting is encouraged without excessive regulation, stating that:
[ ] the attraction of independent contracting is to operate independently, not to work as an employee. The flexibility that independent contractors provide the workplace is an important component of a modern and dynamic economy. The Independent Contractors Bill (the Principal Bill) reflects the Government s commitment to ensuring that independent contracting is encouraged without excessive regulation. The Principal Bill is built on the principle a principle this Government believes in that genuine independent contracting relationships should be governed by commercial not industrial law.(2)
[ ] the attraction of independent contracting is to operate independently, not to work as an employee. The flexibility that independent contractors provide the workplace is an important component of a modern and dynamic economy.
The Independent Contractors Bill (the Principal Bill) reflects the Government s commitment to ensuring that independent contracting is encouraged without excessive regulation. The Principal Bill is built on the principle a principle this Government believes in that genuine independent contracting relationships should be governed by commercial not industrial law.(2)
The Bill:
On 24 January 2005, the House of Representatives Employment Workplace Relations and Workforce Participation Committee announced an Inquiry into independent contracting and labour hire arrangements (the Inquiry). The terms of reference sought submissions regarding:
The Inquiry received 77 submissions and the Committee s report Making it Work: inquiry into independent contracting and labour hire arrangements (Making it Work Report) was released on 17 August 2005.
The proposed legislation has been referred to the Senate Employment, Workplace Relations and Education References and Legislation Committee (Senate Committee Inquiry) for inquiry and report by 25 August 2006. Submissions can be found at:
The Digest draws on material both from the Making it Work Report and the submissions to current Senate Committee Inquiry.(3) Since completion of the Digest, the Senate Committee has tabled its report. For further information, the reader is referred to the report and to the postscript in the Concluding Comments of the Digest.
An important task of the law of employment is to categorise the different types of working relationships that may arise, in order to determine how they should be regulated.
There is no fixed definition of an independent contractor, however it is generally accepted that such workers are not employees at law. In contrast to employees, who are subject to a contract of service, independent contractors operate under a contract for services to produce an agreed result. The focus of a contract for services is the nature of the service delivered by the contractor, rather than both the service delivered and the manner in which it is delivered. Importantly, the independent contractor is regarded as being in business on his or her own account, rather than being an employee of the principal s business.
The Bill relies on the common law to distinguish between an employee and an independent contractor. It is therefore useful to consider in some detail the basis of this common law distinction.
It is generally recognised that the common law has utilised a number of tests in its attempt to find a suitable basis for distinguishing employees from those performing work on some other basis. The most durable of these centres on the concept of control by the employer . However, the judgments in Steven v Brodribb Sawmilling Co Pty Ltd recognised as the leading authority on the issue, confirmed a trend towards a more sophisticated conception of employment.(4) On this approach, the presence or absence of a right of control is just one of a number of factual elements or indicia some characteristic of a contract of service, others suggesting a non-employment relationship that may be examined before a decision is reached. The approach was perhaps best summed up by Bray CJ:
There is no magic touchstone. The court has to look at a number of indicia and then make up its mind into which category the instant case should be put. It is a question of balancing the indicia pro and con But the power of control over the manner of doing the work is very important, perhaps the most important of such indicia.(5)
Creighton and Stewart in their text, Labour Law, comment:
The balancing exercise is necessarily impressionistic, since there is no universally accepted understanding of how many indicia, or what combination of indicia, must point towards a contract of service before the worker can be characterised as an employee. In effect then, this multi-factor test proceeds on the assumption that the courts will know an employment contract when they see it!(6)
There are also no hard-and-fast rules as to which indicia should be examined.(7) However, in addition to looking at the extent of any authority to control, it is especially relevant to ask whether the worker:
Positive answers to any of these questions will militate to some degree against a finding that the contract is one of service (i.e. an employee). If the answer is negative, it is more likely the worker is an employee.
According to Creighton and Stewart, the most substantial difficulty with the prevailing judicial approach, however, is that it permits one or both of the parties to a work relationship (but usually the employer) to evade obligations that would otherwise be imposed by awards or statutes. This is a consequence that some courts have been at pains to resist, claiming, for instance, that the parties cannot create something which has every feature of a rooster, but call it a duck and insist that everybody else recognise it as a duck (8) However, as Creighton and Stewart continue:
with a modicum of care and ingenuity it remains possible for businesses to obtain work from individuals who are virtually indistinguishable from employees, in terms of their close connection to the organisation and subordination to its managers and supervisors, yet whom the common law does not characterise as employees . This can in most instances be achieved simply through a well-drafted contract that is designed to look as much like a client contractor agreement as possible. Especially if it includes an unqualified right of delegation, few judges will be prepared to look behind its terms. There is nothing wrong in principle with allowing the parties to categorise their contractual arrangements as they choose. But in many cases it is only the employer who both understands the nature and effect of the arrangement, and stands to gain from it. The advantages accruing to a worker who freely agrees to a non-employment arrangement are often illusory. While it may in some cases be possible to earn more as a contractor than as an employee, and even to reap certain tax advantages, it is important not to underestimate the real value of the statutory and award benefits foregone. This becomes all the more anomalous where the substance of the relationship remains identical to what it would have been had the contract been worded differently and another label attached.(9)
with a modicum of care and ingenuity it remains possible for businesses to obtain work from individuals who are virtually indistinguishable from employees, in terms of their close connection to the organisation and subordination to its managers and supervisors, yet whom the common law does not characterise as employees . This can in most instances be achieved simply through a well-drafted contract that is designed to look as much like a client contractor agreement as possible. Especially if it includes an unqualified right of delegation, few judges will be prepared to look behind its terms.
There is nothing wrong in principle with allowing the parties to categorise their contractual arrangements as they choose. But in many cases it is only the employer who both understands the nature and effect of the arrangement, and stands to gain from it. The advantages accruing to a worker who freely agrees to a non-employment arrangement are often illusory. While it may in some cases be possible to earn more as a contractor than as an employee, and even to reap certain tax advantages, it is important not to underestimate the real value of the statutory and award benefits foregone. This becomes all the more anomalous where the substance of the relationship remains identical to what it would have been had the contract been worded differently and another label attached.(9)
The Making It Work Report noted the difficulties with the common law distinction between employee and independent contractor. In addition, the Report also analysed other methods that could be used to distinguish an employee from an independent contractor. In particular, the Report looked at the possibility of using a statutory definition or alternatively, relying on the alienation of personal services tests as stipulated in the Income Tax Assessment Act 1997.(10) The reader is referred to Chapter 4 of the Making It Work Report for a fuller discussion of these alternate approaches.
The Making It Work Report did recommend that when drafting independent contractor legislation, the Government maintain the common law approach to determine employment status and distinguish between employees and legitimate independent contractors. However, the Report made a further recommendation that when drafting legislation the Government should, in addition to the common law position, adopt components of Australian income tax assessment alienation of personal services income legislation tests to identify independent contractors.(11) The Bill does not implement this second recommendation the Minister in his Second Reading Speech arguing that this test is a self-assessment test and easily manipulated to achieve the desired outcome if a worker is seeking to be classified as an independent contractor rather than an employee.(12)
Deeming , in the context of employment law, involves the power to declare persons who work under a contract for service, such as independent contractors, to be employees. Due to concerns about worker welfare, State Governments have introduced deeming legislation to ensure that such workers have protections under their industrial relations legislation. They consider that many of these workers are dependent contractors or disguised employees .(13)
Deeming provisions are different from common law tests because they are designed to classify as employees groups of workers with service contracts. Common law tests can only be applied to individuals on a case-by-case basis.
Queensland and NSW have been the more prominent advocates in introducing deeming legislation.
The Queensland Government states that:
The increasing move away from the conventional employee/employer relationship towards workers engaged under labour hire arrangements and under dependent contractor status, has effectively taken these workers outside of the industrial relations system and the benefits and protections associated with being defined as an employee under relevant industrial laws.(14)
Section 275 of the Industrial Relations Act 1999 (Qld) gives the Queensland Industrial Relations Commission the power to declare persons who work under a contract for services to be employees (employee deeming ). The list of criteria that section 275 allows the Commission to declare a class of contractors to be employees includes:
Persons or workers that this deeming applies to includes: outworkers, lessees of equipment or vehicles, drivers wholly or partly owning their vehicles and persons working as partners in a business or association.(15)
In New South Wales, schedule 1 of the Industrial Relations Act 1996 (NSW) deems certain types of workers to be employees. The NSW Government states that the deeming provisions recognise that a number of categories of workers exist who are often in weak negotiation positions. In many instances, the relationship which exists is not substantively different to that of employee and employer, and hence should be covered by the protection of generally accepted standards of industrial regulation.(16) The NSW legislation includes:
The NSW Government considers that if there were not deeming provisions, there may be a significant degree of inequality in bargaining power between the worker and the provider of work.(17)
As an aside, it is also common to find lists of deemed employees in other laws. For example, workers compensation legislation and statutes dealing with discrimination of various kinds also tend to apply to independent contractors and other workers who would not be employees at common law. Legislation dealing with occupational health and safety likewise imposes duties that extend beyond the traditional concept of employment in a variety of ways. The Bill will not override State legislation containing deeming provisions in matters such as workers compensation, occupational health or discrimination. However the Bill does contain provisions that would enable regulations to be made to do this. (18)
These are summarised well in the Making It Work Report:
Supporters of deeming provisions generally point to the need to protect workers from unequal bargaining power to negotiate reasonable contract conditions. Submissions of support were mainly received from state governments and unions. The advocates of deeming highlight that this approach overcomes some of the shortcomings of a rigid definition and case law to identify who is an employee.(19) In contrast, detractors of deeming approaches included employer organisations, independent contracting bodies and some in the law profession. Critics cite the piecemeal approach, disregard of the common law distinction, and the lack of consideration of the substantive nature of working relationships as being of considerable concern.(20)
Supporters of deeming provisions generally point to the need to protect workers from unequal bargaining power to negotiate reasonable contract conditions. Submissions of support were mainly received from state governments and unions. The advocates of deeming highlight that this approach overcomes some of the shortcomings of a rigid definition and case law to identify who is an employee.(19)
In contrast, detractors of deeming approaches included employer organisations, independent contracting bodies and some in the law profession. Critics cite the piecemeal approach, disregard of the common law distinction, and the lack of consideration of the substantive nature of working relationships as being of considerable concern.(20)
There are currently a range of protections available to outworkers in the textile, clothing and footwear (TCF) industry both in the federal and State jurisdictions and applying to both employee and contract outworkers. As the Explanatory Memorandum states, these special arrangements are in place for TCF outworkers as they are considered to be particularly vulnerable because they tend to lack bargaining power in relation to their rights and entitlements. The Explanatory Memorandum also states:
As most jurisdictions currently deem contract outworkers to be employees, overriding State deeming laws through the Independent Contractors legislation may particularly disadvantage contract outworkers who are currently entitled to employee protections under State industrial relations laws. Further, it would not be consistent with the approach taken under the Work Choices legislation which has maintained special arrangements for TCF outworkers.(21)
It is on the basis, that the Bill makes special arrangements for outworkers designed to preserve existing protections for outworkers contained within State and federal legislation.
However, submissions to the Senate Committee Inquiry indicate reaction to these provisions has been mixed. While State Governments, unions and organisations representing outworkers generally support preservation of outworker protections, several submissions have questioned whether the drafting of the provisions is wide enough and whether it actually supports the Government s stated intention to retain existing State and federal protections relating to contract outworkers .(22) A fuller discussion of the provisions affecting outworkers is found in the Main Provisions section of the Digest.
The most common type of independent contractors in the transport services industry are owner-drivers. Owner-drivers supply their own vehicle to deliver goods for a client. In 1998, 5.4 per cent of all self-employed contractors worked in the transport and storage industry.(23) Submissions to the Inquiry noted that owner-drivers have working conditions similar to employees, and are often referred to as dependent contractors (as opposed to the traditional notion of independent contractors who work for many clients) or as disguised employees . State Government, particularly Victoria and New South Wales, have specific legislation setting rates and other employment-like conditions for independent contractors in the road transport industry, including truck owner drivers and taxi drivers. The Explanatory Memorandum states that overriding state protections for owner-drivers in New South Wales and Victoria would represent a significant cost for independent contractor owner-drivers in these jurisdictions. It is on this basis that there is provision in Part 2 of the Bill to protect Victorian and New South Wales owner driver legislation from the general override provisions. This protection is subject to review in 2007.
An unfair contract is a contract that is harsh, unconscionable or is against the public interest. Factors considered when deciding whether a contract is unfair are: the relative bargaining power of the parties, whether any undue influence or pressure or unfair tactics has been exerted, or whether the contract became unfair due to the conduct of the parties or variation to the contract.(24)
Under sections 832 and 833 of the WR Act, the Federal Court of Australia is empowered to examine contracts for services binding on an independent contractor which relate to performance of work and provide appropriate remedies. The remedy is currently limited to an independent contractor who is a natural person. There are also Constitutional limits it is also required that one of the parties be a Commonwealth authority, or a financial trading or foreign corporation, or relate to matters that take place in or are connected with a Territory.
The unfair contracts review jurisdiction proposed by Part 3 of the Principal Bill is in similar terms to the scheme for unfair contracts as set out in sections 332-4 of the WR Act. The Bill differs from the current provisions in certain respects including:
Unfair contracts legislation also exists at State and Territory level.(25) Part 2 of the Principal Bill contains provisions that propose to generally exclude State and Territory law that allows services contracts to be reviewed, varied or amended on unfair grounds.(26)
The New South Wales Government, in its submission to the Senate Committee Inquiry states that its unfair contracts jurisdiction is a broader and more flexible jurisdiction than that proposed under the principal Bill. The submission provides the following comparison:
Pt 3 of the Bill:
The submission notes that the obligation imposed on the Federal Court to effectively take market rates into account may be difficult to discharge since evidence of relevant contract rates and conditions will be difficult to gather because of commercial confidentiality considerations and the lack of transparency in these types of arrangements.(27)
By way of contrast, the Australian Chamber of Commerce and Industry (ACCI), in their submission to the Senate Committee Inquiry argue that these provisions, along with the State unfair contracts provisions are not needed. They note with concern the fact that the proposed new federal unfair contracts jurisdiction is in fact broader than the existing scheme and argue that an excessively broad jurisdiction can undermine contractual certainty. (28)The submission states:
Freedom to contract and contractual certainty, together with property rights, are cornerstones of a functioning market economy.(29)
The expected costs associated for both the Principal Bill and the Consequential Bill are $15 million over the next four years.(30)
Clause 3 sets out the objects of the Bill. The objects are:
Central to the new legislation is the term services contract . Both Bills apply to services contracts as defined in clause 5 of the Principal Bill. A services contract is a contract for services to which an independent contractor is a party, that relates to the performance of work by that contractor and has the requisite Constitutional connection. The Bill does not provide a definition of independent contractor; instead the term takes it common law meaning.
A contract for services is only subject to the Bills if it has the requisite constitutional connection . This requires(31):
Part 2 deals with the exclusion of State and Territory laws. Under clause 7(1)(a) and (b) of the Bill, a State or Territory law that affects the rights, entitlements, obligations or liabilities of a party to a services contract will be excluded to the extent that it either:
The meaning of workplace relations matter is critical to the operation of these exclusion provisions. A State or Territory law cannot be excluded under these provisions unless it affects the parties to the services contract for the purposes of a workplace relations matter.
Clause 8 provides definitions of what is and what is not a workplace relations matter.
A workplace relations matter is:
Amongst other things, a workplace relations matters is not:
As a result, contracting parties with a relationship of independent contractor and employee, may still continue to be deemed employers or employees for the purposes of making workers compensation insurance premium payments, liability for payroll tax, superannuation guarantee liability, or liability under equal opportunity and OHS legislation. However, where a common law independent contractor relationship exists, State laws will no longer be able to deem a party to be an employee for the purposes of annual leave, sick leave, long service leave, termination and redundancy payments, minimum hourly rates and allowances, and many other common employee entitlements.(32)
Clause 7(1)(c) excludes State or Territory laws that allow services contracts to be set aside or varied on the grounds of unfairness. An unfairness ground is defined in subclause 9(1).
Subclause 9(2) clarifies that the override of State and Territory unfair contracts jurisdiction will not affect matters that are not workplace relations matters. For example the State unfair contracts jurisdiction would still be available in relation to a services contract in an occupational health and safety matter.
Subclause 7(2) provides that the exclusion provisions in subclause 7(1) do not apply in certain circumstances. In particular, the Commonwealth override does not apply to:
The Explanatory Memorandum states that outworkers in services contracts and owner drivers will not have access to State and Territory unfair contracts legislation in relation to workplace relations matters. The rationale being that the new federal unfair contracts regime to be established under Part 3 of the Bill would apply.
Regulations can be made to add further categories of State and Territory laws that would not be affected by the exclusion provisions (paragraph 7(2)(c)).
Regulations can also be made to further exclude State and Territory laws in relations to the rights and obligations of a party to a services contract (clause 10). Subclause 10(2) clarifies that override by regulation could also effect the outworker and owner driver exemptions.
The Explanatory Memorandum states that the effect of clause 7(2)(a) is to preserve State and Territory laws that affect outworkers who are party to a services contract. However, several submissions to the Senate Committee Inquiry expressed concern that the drafting of this clause is more restrictive than the Explanatory Memorandum has indicated. For example the TCF Union of Australia states the exception for outworkers is deficient because it will only apply where:
The submission goes on:
Put simply, the range of laws which are protected by section 7(2)(a) is such a small subset of the range of laws which are excluded by 7(1) that the effect will be to render outworker protection regimes under state laws largely ineffective.(33)
The Victorian Government noted a similar problem with the drafting and argues that significant sections of the Outworkers (Improved Protection) Act 2003 (Vic) would be excluded, leaving outworkers in a far more vulnerable position than is the case under State law.(34) The Victorian Government further states that the provisions as drafted appear to be contrary to the intention in the Explanatory Memorandum which confirms the need to maintain special arrangements for TCF outworkers. In view of this perceived problem, the Submission proposes the following amendments:
a) Clause 7(2)(b) of the IC Bill should be amended to include the Outworkers (Improved Protection) Act 2003 (Vic) (and other State outworker Acts), as laws that are not excluded; and b) Clause 7(2)(a) of the IC Bill should be amended to provide, in effect, that clauses 7(1)(a) and 7(1)(b) do not apply to the extent that the State or Territory law applies to outworkers.(35)
a) Clause 7(2)(b) of the IC Bill should be amended to include the Outworkers (Improved Protection) Act 2003 (Vic) (and other State outworker Acts), as laws that are not excluded; and
b) Clause 7(2)(a) of the IC Bill should be amended to provide, in effect, that clauses 7(1)(a) and 7(1)(b) do not apply to the extent that the State or Territory law applies to outworkers.(35)
Part 3 provides a scheme permitting a relevant Court (either the Federal Court of Australia or the Federal Magistrates Court) to order that services contracts be wholly or partly set aside or varied on the grounds that they are harsh or unfair. The existing unfair contracts review provisions in the WR Act located in sections 832-834 are to be repealed by the accompanying Consequential Bill.
Clause 11 provides that Part 3 applies in relation to a services contract, although it excludes contracts relating to the performance of work for the private and domestic purposes of another party to the contract. The Part will apply to incorporated independent contractors, but access to the remedy is limited to circumstances where a director or family member of a director is personally required to perform work under the contract. The Explanatory Memorandum states that large bodies corporate would be excluded from accessing this Part as directors would not usually personally perform all or most of the work under their services contracts.(36)
Clause 12 provides that an application could be made to the Court to review a services contract on the grounds that the contract was unfair and/or harsh. The concepts of unfair or harsh would take their common law meanings. Subclause12(2) provides that an application may only be made by a party to the services contract. By way of comparison the existing provision in the WR Act provides that an application may also be made by an industrial organisation of the employee or employer on behalf of the party.
Clause 13 authorises the making of regulations to prescribe circumstances in which applications could not be made to the Court to review a services contract. The Explanatory Memorandum explains that for example, the regulations could prescribe a mechanism, such as a financial cap, to limit the scope of applications made under subsection 12(1).(37) As an aside, the Master Builders Australia, in their submission to the Senate Committee Inquiry recommends that the Regulations should provide a monetary cap of $200,000 over which sum contracts cannot be reviewed.(38)
Clause 14 would have the effect of preventing an application to review a services contract where other review proceedings have also commenced in another jurisdiction in relation to the same contract.
Clause 15 provides a number of matters that the Court may have regard to in determining whether a services contract is unfair and/or harsh. The Court would be permitted to consider:
In addition subclause 15(2) provides that, if the Court has regard to comparative employee remuneration as provided in paragraph 15(1)(c), it must also consider:
Subclauses 15(3) to 15(5) replicate existing provisions in the WR Act and relate to the responsibilities on the Court in forming an opinion about whether the contract is unfair and/or harsh.
As far as remedies are concerned, the Court is able to set aside or vary part or all of the contract (subclause 16(1)). The Court also has the power to make interim orders so as to preserve the position of a party to a services contract. The Court may also enforce an order by injunction or otherwise as the Court considers appropriate. The orders that the Court may make are essentially the same as those set out in the existing unfair contracts provisions in the WR Act.
Clause 17 provides that proposed Part 3 creates a no costs jurisdiction except in relation to proceedings which have been vexatiously brought.
The object of Part 4 of the Bill as set out in clause 18 is to ensure that individuals who are independently contracted textile, clothing and footwear (TCF) outworkers are afforded a minimum rate of pay as determined by what an employee would received under the Australian Fair Pay and Conditions Standard or the applicable minimum rate of pay the TCF outworker would receive under State or Territory law.
Australian law recognises two types of outworkers: employee outworkers and outworkers who are independent contractors or contracted outworkers.
Under the WR Act as amended by the Work Choices legislation, minimum wages for employee outworkers are set under the Australian Fair Pay and Conditions Standard. For contracted outworkers, Part 22 of the WR Act provides a minimum remuneration guarantee to contracted TCF outworkers in Victoria, again set at the Australian Fair Pay and Conditions Standard. Part 22 does not apply to outworkers engaged outside Victoria.(39)
State protections for contracted TCF outworkers are different. Most State legislation contains provisions that deem contracted outworkers to be employees and thus award and agreement making systems in those states will apply to those workers. In addition to deeming provisions, Queensland, New South Wales and Victoria have specific legislation to further protect contracted outworkers.
As stated above, the Government in the Explanatory Memorandum acknowledges that TCF outworkers are a particularly vulnerable class of workers who deserve greater protections than are afforded to other workers. The Explanatory Memorandum further states that the Government does not wish to replace or interfere with the existing State frameworks, and therefore, the outworker provisions in the Bill (which are based on the Victorian provisions) are minimalist and designed to operate as a default in states and territories which have not put their own outworker protections in place.
The provisions in Part 4 will therefore essentially replicate the Part 22 provisions of the WR Act, currently designed to protect only Victorian TCF contracted outworkers. Part 22 of the WR Act is to be repealed by the accompanying Consequential Bill.
Clause 20 imposes an obligation on a person who engages contract TCF outworkers to pay those workers at least the statutory amount as set by the Australian Fair Pay and Conditions Standard. Contract outworkers are defined so that only those TCF outworkers who are engaged as independent contractors under a services contract would be included. TCF outwork is defined as work that comprises packing, processing or otherwise working on articles for the textile, clothing or footwear industry performed in or about private residential premises or premises that are not business or commercial premises of anyone who is obliged under the contract to pay for the work performed.
Clause 21 provides that the minimum rate of pay proposed would not apply where a State or Territory law provides contract outworkers a minimum rate of pay for TCF outwork. In these cases the minimum rate of pay specified by the State or Territory law would operate.
Division 3 (clauses 22 29) provides workplace inspectors with certain powers to investigate compliance with the minimum rate of pay obligations in clause 20. The provisions substantially replicate the provisions in Subdivsions C and D of Part 22 of the WR Act which provide for inspector powers and an enforcement regime in Victoria.
It is of note, that there are indications the Government is proposing amendments that would remove Part 4 of the Bill. For further detail, the reader is referred to the Postscript in the Concluding Comments of the Digest.
Part 5 creates transitional arrangements for those who, at the time of commencement of the legislation are independent contractors at common law but who have been deemed under State or Territory law to be employees, or who are afforded employee style entitlements by State or Territory laws that are to be disapplied by the Bill. The provisions would provide that, where the transitional arrangements cover a person, the relevant State or Territory laws continue to have effect in relation to the contract between the parties.(40) The transitional period lasts up to 3 years unless the contract ends earlier (subclause 35(4)). The parties to a services contract can elect to opt into the federal system at any time during the transitional period by executing a reform opt-in agreement (clause 33). If no such agreement is reached and the contract period runs until the transition date the deemed employment arrangement will be terminated at the end of the period (subclause 35(8)). The transitional provisions are complex and for further detail the reader is referred to the Explanatory Memorandum at pages 52 63.
The New South Wales Government in its submission to the Senate Committee Inquiry noted the complexity of these transitional provisions stating:
Independent contractors caught up in these complex and potentially confusing arrangements will very likely need legal advice to clarify their rights and obligations during the transitional period and in relation to entitlements which will arise under State law as a result of the operation of Part 5. The provisions are highly prescriptive, technical and introduce a confusing array of concepts. There are, for example, pre-reform commencement contracts, continuation contracts, related continuation contracts, remedy contracts, test contracts and a contractor law test designed to clarify the continued application of the State contractor law (deeming provisions) to relevant services contracts.(41)
Part 6 provides a general regulation making power for the purposes of the Independent Contractors Act. Subclause 42(2) clarifies that the regulations may include modifications of the Transitional provisions contained in Division 1 of Part 5 of the Bill (the provisions affecting State and Territory laws). These modifications may also have retrospective application (subclause 42(3)). The Explanatory Memorandum states that the rationale for such a broad regulation making power is that the transitional provisions are complex and novel: [ ] a broad regulation making power allowing retrospective legislation to be made is desirable to ensure that the accrued entitlements of formerly deemed employees are not unintentionally lost .(42)
Some of the issues that the proposed independent contractors legislation raises are as follows.
Since completion of the Digest, the Senate Committee report has been tabled. The Reader is referred to the full report for further detail. Significantly, the report notes that the Committee, which took the unusual step of convening private negotiations between the Department of Employment and Workplace Relations (DEWR) and outworker lobbyists on August 17, said it had been reassured by strong indications from the Department that the removal of Part 4 of the Principal Bill is likely to be agreed to by the Government. The report also suggested the Government would change clause 7(1)(c) of the Principal Bill to clarify that it would not override State anti-avoidance provisions protecting TCF outworkers. It said DEWR had proposed confidential draft amendments directly excepting outworkers, or a legislative note or extra explanatory memorandum on the section.(45)
This paper has been prepared to support the work of the Australian Parliament using information available at the time of production. The views expressed do not reflect an official position of the Parliamentary Library, nor do they constitute professional legal opinion.
ISSN 1328-8091 © Commonwealth of Australia 2006
Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by members of the Australian Parliament in the course of their official duties.
Published by the Parliamentary Library, 2006.
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Agenor Garcia live at Casa Thomas Jefferson
Agenor Garcia's concert for the musical Fridays series, at Casa Thomas Jefferson auditorium - CTJ Hall South, Brasilia, Brazil.
Agenor Garcia at Steinway & SonsAGENOR GARCIA is performing at STEINWAY & SONS galleries in USA. Contemporary piano concerts with Art Exhibition.
Cultural institutions are important bearers and vehicles of knowledge. For decades Steinway & Sons has cultivated special relationships with pianists from every genre. Without them, a Steinway piano is silent. But together, the artist and piano create music! Such beautiful music that most professional pianists choose to perform only on Steinway pianos. Age Garcia is passionate about Steinway pianos. This passion became a concert tour by the contemporary Pianist and Composer Agenor Garcia, at STEINWAY & SONS PIANO GALLERIES around the world. The album "The Music Of Agenor Garcia" was recorded live at the Steinway concerts USA. |
Agenor Garcia album "SYMBIOSIS" now availableThe album "Symbiosis", produced by Glen Kolotkin, the Grammy Award record producer for Glenn Gould, Barbra Streisand, Miles Davis, among others, delivers a delightful piano performance and compositions with an unique flavor.
Available at the mainstream online stores. "I have been working with Agenor Garcia, on his latest album. Age is talented, creative and has a very refreshing approach regarding his music". - Glen Kolotkin (Grammy Award producer). |
Click on the albums below for more information, including media, musicians, track lists and purchase.
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Press release
Private Equity in Africa is moving to a new phase of maturity
Johannesburg, 2 April 2014
Private Equity in Africa is moving to a new phase of maturity |
- Study finds 207 fully realized PE firm exits in Africa from 2007 to 2013
- Returns generated by PE firms outperformed public market comparables (MSCI Emerging Markets Index and MSCI Frontier Markets Index)
- South Africa accounted for 41% of exits, and West Africa, 26% over 2007 to 2013
- The highest proportion of exits were in the financial services sector at 19%, and the largest number of exits were to strategic buyers
Released today, the second annual joint study by the African Private Equity and Venture Capital Association (AVCA) and EY confirms private equity (PE) in Africa is becoming a more established asset class in the region's investment landscape.
The African PE Exits study, Broadening horizons, examined the results and methods of PE exits between 2007- 2013 and recorded a total of 207 realizations by PE fund managers in Africa, for transactions with an entry enterprise value of at least US$1m and where PE firms had fully exited their investments.
Michelle Kathryn Essomé, AVCA Chief Executive says, "The Study finds that PE in Africa continues to outperform comparable listed equities indexes, confirming it is a key asset class to access the astounding growth fundamentals of Africa. Even more positively for the industry, our analysis shows that PE's outperformance has increased for companies exited since 2011, attesting to the greater experience that PE has gained and used to its advantage since the early years of investing in Africa."
Geographic spread of exits across Africa
According to the study, exits are being achieved across the African continent and increasingly outside of the most developed market of South Africa. As expected, South Africa accounted for just under half of the realizations by number and value (41% and 47 % respectively), but West Africa saw more than one-quarter by both number of exits (28%) and value (26%).
Financial services sector leads the way
Financial services accounted for the highest proportion of exits at 19% between 2007 and 2013. This sector has been long popular with the region's PE houses, particularly as technological innovations, such as mobile payments, have made financial services products more accessible for even the remotest of communities, and as banking reforms in many markets have led to consolidation. Industrial goods accounted for 12% of exits, followed by agriculture/forestry and telecommunications, both at 9%. Meanwhile, construction and technology both account for 8% of PE exits by number, and food and beverage for 7%. Sandile Hlophe, Head of Transaction Advisory Services for EY Africa notes, "The focus on investing in sectors that service the growing middle class in Africa is clearly reflected in PE investments and, ultimately, in exit patterns by sector."
Other key findings
Another key finding from the study which demonstrates the maturing PE sector is the increasing diversity of the exit routes. The biggest rise in recent years was the proportion of exits to other PE firms (up from 14% in 2012 to 22% in 2013). Other key findings are that entry multiples have crept upwards; intermediated deals have outperformed those companies that were acquired through proprietary transactions, which – although unanticipated - possibly shows that the strongest businesses are increasingly being sold via auctions or on a semi-proprietary basis; local offices are increasingly a key factor in being able to deliver superior returns; and that organic revenue growth has been the main growth driver.
Outlook for Private Equity in Africa
The stage is set for the continued growth and development of the PE industry in Africa, as PE firms uncover opportunities in the rapid economic growth across the region, and complement this with increasing sophistication in value creation techniques. PE in Africa continues to outperform public markets. With this, PE is becoming more known across Africa as a source of growth capital and hands-on management support, and is truly in its element on the continent. Graham Stokoe, Africa Private Equity leader for EY commented, "With the ever increasing levels of interest in Africa, we expect the number of exits to increase in 2014 and beyond, potentially even to record levels. There is an increasing number of PE owned companies that were acquired in the peak investment period from 2006 to 2008 which PE firms now need to exit."
For EY:
Fathima Naidoo
+27 (0) 11 772-3151/ +27 (0) 76 662 2842
For AVCA:
Sara Firouzyar/Sarah Caddy
Gong Communications
+44 (0)20 7935 4800/ +44 (0)7766 021351
About EY
EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities.
EY refers to the global organization and may refer to one or more of the member firms of EY Global Limited, each of which is a separate legal entity. EY Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com.
This news release has been issued by EYGM Limited, a member of the global EY organization that also does not provide any services to clients.
Following on from EY's successful integration in 2008 of 87 countries into one area from across Europe, Middle East, India and Africa (EMEIA), the firm has launched its Africa Business Center™ (ABC), which aims to enhance the effective and efficient links between its geographic reach and areas of expertise. The firm enjoys representation in 33 countries across Africa.
Web: www.ey.com/za
Twitter: @EY_Africa
About AVCA
The African Private Equity and Venture Capital Association's (AVCA) mission is to promote and catalyze the private equity and venture capital industry in Africa.
AVCA is a member-supported organization, with members spanning private equity and venture capital firms, institutional investors, foundations and endowments, international development finance institutions, professional service firms and academia. They are all united by a common purpose: to be part of the African growth story.
AVCA endeavours to deliver its mission through four key pillars: building a Knowledge Centre of independent research for members and the industry; facilitating Networking Opportunities and thought leadership events; Advocating on behalf of the industry to policymakers, regulators and global investors; and by providing Training to investors and emerging fund managers on the asset class and best practice.
Together with a network of experts and collaborators across Africa and beyond, AVCA represents the voice of the pan-African industry in discussions with governments, regulators, lawmakers and the media.
For more information about AVCA, please visit www.avca-africa.org.
Twitter: @AVCA_Africa


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Hook, line and sinker, this flavorful recipe is sure to be a hit! MORE + LESS -
Monkfish or sea bass fillets can be substituted for the halibut.
The low-fat technique of braise-deglazing is basically stir-frying with very little cooking oil. Use a small amount of water or broth to prevent sticking and to encourage browning of food.
© 2017 ®/TM General Mills All Rights Reserved


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Thread: CSS Book - Little mention of DIV
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CSS Book - Little mention of DIV
CSS is not my forte but am doing my best to learn it. I see many times the mention of how you should not use tables for layout, but rather DIV assigned by CSS.
So rather than just learn through some tutorials (that I've found not very useful) on the net, and from help on this forum, today I went and purchased a book called, "core CSS Cascading Style Sheets" by Keith Schengili-Roberts.
This book was published in 2000. Yet, it has only TWO mentions of DIV and both times they are mentioned in one mere sentence.
I feel that I've possibly just wasted money on this book.
Can someone suggest a book to purchase that might help me along my path!!!
Thanks in advance!
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the DIV itself is a container (similar to a P tag).
text and stuff goes here.
not much to it in itself. css is then applied to it to make it conform to your needs. example...
<div style="width:200px; height:300px; border:2px solid #ff000; position:absolute; left:100px; top:150px;">
text and stuff goes here.
sets the width and height.
makes a border go around it.
positions it 100x150 pixels from the left/top corner.
learning all about css would be a definite benefit.
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Elements and CSS
The div element is not the replacement for layout table markup!
A div is meant as a logical DIVision of a document; it is semantically neutral, which means that it doesn't add a whole lot of meaning to its contents compared to, say, paragraph or heading elements.
In modern, semantically oriented markup, divs are mostly used to group sections of a page into logical chunks like header, menu, main content, footer, etc; exactly what they are meant for. Besides that, divs are also used to create further subdivisons that have little meaning to the contents, or as general containers mainly because they don't add meaning.
Modern books about CSS tend to gravitate towards using the markup necessary to structure the page and it content as much as possible when styling needs to be added; although there's nothing wrong with using divs for the purposes described above, it's certainly discouraged to scatter them all over the place. Also, there simply is not much to say about them anyway.
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Quick Question: Can Only The Rich Be President?
Do you have to be rich to be president of the United States of America?
Donald Trump told ABC News recently that he might run for president in 2016 and that he is qualified because, among other reasons, he has amassed a net worth of more than $10 billion. "I'd spend a lot" on a campaign, he says. "I'd spend whatever it took."
And in August a company called Wealth-X, which keeps tabs on the superwealthy, released a list of America's 10 richest living presidential candidates.
Here it is:
Rank | Name | Political Affiliation | Net Worth |
1 | Ross Perot | Independent | $4.3 billion |
2 | Steve Forbes | Republican | $430 million |
3 | John Kerry | Democrat | $280 million |
4 | Mitt Romney | Republican | $220 million |
5 | Al Gore | Democrat | $190 million |
6 & 7 | Bill & Hillary Clinton | Democrat | $100 million |
8 | Rudy Giuliani | Republican | $80 million |
9 | John Edwards | Democrat | $50 million |
10 | Jon Huntsman | Republican | $30 million |
So here's the Quick Question:
Do you have to be rich to be president of the United States of America?
There is a history of well-heeled commanders in chief. In 2010, Forbes put together a list of the 10 Richest Presidents of All Time. George Washington was arguably the wealthiest ever.
"There have been many other very wealthy presidents at each era of the Republic," says Larry Sabato, director of the University of Virginia's Center for Politics. He cites Thomas Jefferson, both Benjamin and William Henry Harrison, John Tyler, both Theodore and Franklin Roosevelt, John F. Kennedy, Lyndon Johnson and Ronald Reagan.
President Obama, Sabato points out, is a multimillionaire and "I'll bet will become our first ex-presidential billionaire. Think of his endorsement and speech and book potential. And the corporate and foundation boards."
To be sure, there have been exceptions. Harry Truman "barely had two extra nickels to rub together, and his precarious financial situation resulted in the first presidential pension, passed in Eisenhower's second term," Sabato says.
Gerald Ford wasn't that flush either.
Perhaps Bill Clinton is the best example of a middle-class American becoming president. As governor of Arkansas, his salary was the lowest in the nation — at around $35,000. His wife, Hillary, made more as a lawyer. Now they both are doing quite well — pulling in millions of dollars.
"I still think it is possible for a person of modest means to become president — if the conditions are just right," Sabato says. "But wealth has always been a major qualifying factor for the presidency. It gives you access to the other rich people who fund campaigns, the status to seek high office, the extra time necessary for an all-consuming quest, and freedom from the everyday concerns that keep most people occupied. Thus has it always been, thus ever will it be."
NPR's Alyson Hurt contributed to this report.
What is The Protojournalist? New-school storytelling, old-school reporting. @NPRtpj


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These are just a few of our favorite websites:
THINK Links!
We have all received emails with links to webpages
with stories that truly lift our spirits.
And, there are links that just lead us to THINK.
Click on any of the links below and
laugh - cry - enjoy - think!
Special thanks to those
who have submitted links to their favorites!
Take a few minutes to view the following clips Be sure to visit the Maji Mazuri website Enjoy the Spirit of Christmas anytime! Little Girl Rocks the Guitar Young Artist Divinely Inspired Talk about uplifting! This young man's faith is truly amazing! "My name is Nick Vujicic ... " Meet Logan, The Sky Angel Cowboy Randy Pausch and the Last Lecture Wow! This Rocks! "Stand by Me" Positive Youth! This dance team is comprised of 4th thru 8th graders from a school in Ohio and they are amazing to watch! Grace, coordination, dedication, power, energy ... |


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Andy Doyle |
QC Iowa Realty, LLC Home »
Agents »
Andy Doyle
Title: | Sales Associate | |
Address: |
4550 E 53rd St
Davenport, IA 52807 |
Office Phone: | 563.332.6822 | |
Mobile Phone: | 563.529.1015 | |
Email: | firstname.lastname@example.com | |
Bio: | Andy Doyle is an accomplished sales professional with a broad base of skills and over 9 years of commercial real estate experience. Whether in sports, where early on Andy Doyle excelled competitively, or in business where Doyle has built a strong record securing the trust and confidence of many of community leaders, Andy will meet and exceed your expectations. He is a competitor you will want working for you. As a true measure of trust, he prides himself on earning the repeat business of virtually every client he has developed, both large and small. A native Iowan, Doyle has spent much of the last 16 years building a strong network of business relationships in the Quad Cities and throughout the Midwest. He spent a number of years in the industrial distribution and construction industry in various cities around the United States including Los Angeles, CA, Colorado Springs, CO, Greensborough, NC, and Dallas, TX. As a member of the QC Iowa Realty Commercial team, and an individual with business relationships throughout the Quad Cities, across the Midwest, and the country, Doyle can address your every need. Whether it is commercial, industrial, or retail real estate, he is the man for your team. |
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Wednesday, March 7, 2012
Calvin Boze: My Teacher, the R&B Star
Carver is now part of the Compton Unified School District. It's still standing on E. 120th Street in the 90059 zip code. I called this morning to make sure. I told the very polite young woman on the phone that, when I went to Carver, there was a Boys Club of America right next to the school. She said, "It's still there. Only now it's a Boys and Girls Club." She, like I, was surprised to learn that one of Carver's teachers was a recording star. I could not stop grinning as I listened to the sheer glee and festive vibe of Mr. Boze as he sang his jumpin' composition Safronia B. Apparently this was his biggest hit record.
Decades later, my grade school teacher's swingin' composition was covered by The Manhattan Transfer on their album, "Bop doo-wopp."
Now every time I hear that tune by The Manhattan Transfer, I will wear out the ears of anyone who may be near me when it's playing with "My favorite grade school teacher wrote that song and recorded it first! Seriously!" Look at the back of the Manhattan Transfer CD. There it is -- Safronia B by Calvin Boze.
Remember Gregory Peck's personality and how he carried himself as Atticus Finch in To Kill A Mockingbird? Mr. Boze had that same kind of attitude and carriage in the classroom. To read on Wikipedia that Mr. Boze was a "jump blues" artist in the R&B music scene made my eyes the size of teacup saucers. I knew that Mr. Boze had been in a band but I never knew more than that. I had no idea he'd been a serious trumpet player who'd toured with Dinah Washington. In our house, every weekend Mom and Dad listened to an afternoon L.A. radio show hosted by Leonard Feather. He was a musician, composer, Civil Rights activist and also a jazz journalist who was called "the Dean of Jazz."
Feather, a very cool British born dude from an upper middle-class Jewish family, helped black artists conquer Jim Crow racism in the Los Angeles musicians union and in movie studios. Leonard Feather had great jazz music and guests to match on his radio show. One time -- and I don't know who the guests were -- there was talk of Louis Jordan. I recognized that name because Daddy had a 78 rpm record of Louis Jordan singing "Caledonia." That tuned rocked me! I loved playing Dad's 78s on my record player.
One of Feather's guests talked about other musicians and mentioned "Calvin Boze." I shouted "Daddy! He said Mr. Boze's name!" Dad listens to the show. The next week, he picks me up after school one afternoon. But, instead of me getting in the car, Dad parked and got out to have a quick chat with Mr. Boze. My tall teacher was standing in the schoolyard keeping his usual protective eagle eye on the kids. I watched from a distance. Dad said something and Mr. Boze whooped with laughter, suddenly animated. I asked Dad about that in the car and all he said was "Mr. Boze was in a band when he was younger." Come to find out, Calvin Boze was heavily influenced by Louis Jordan. How did I find out about his recording past? I happened to be on YouTube one day, searching for a classic film clip, and saw a name that looked familiar. I clicked onto it. Was that really my former school teacher singing Safronia B? Yes, indeedy! Then I learned that Mr. Boze's music has quite a following in the United Kingdom. On Wikipedia and another site, not much is known about him after he left the music scene and entered the education field. Well, I can tell you that Calvin Boze was a brilliant, brilliant, brilliant teacher. He made us want to learn and want to be good students. I had my first Spelling Bee victories in his classes. I am so lucky to have had him for two consecutive grades. Mr. Boze opened our young African American and Mexican American minds. He taught us about the Aztecs and how vital Mexicans were to the culture of Southern California. He taught us about Helen Keller, Amelia Earhart, George Washington Carver, Marian Anderson, Martin Luther King Jr, the Mahatma Gandhi and even Mae West. He used the poetry of Walt Whitman to soothe our hearts and minds when we were scared. The world had grown suddenly dark one sunny Friday afternoon in Los Angeles. President John F. Kennedy, our hero, had been assassinated in Texas. We went home Friday not expecting that Monday would be a day off from school. It was the day America watched President Kennedy's funeral on live television. When we returned to school, Mr. Boze let us talk. He respected our feelings. Then he asked us to just be quiet and listen, listen as he read "O, Captain! My Captain!" by Walt Whitman. In my adult years, I realized his genius that day as a teacher. Growing up, when I'd see TV images of what South Central L.A. minority students were supposed to know and not know, I always think of Mr. Boze teaching us youngsters such things as why Gandhi was a role model.
Mr. Boze was fun too. He wasn't a man of high energy and fast movements. Even then he seemed to have some mysterious illness. He was occasionally absent. I always missed him when we had substitute teachers. In his briefcase, Mr. Boze carried a mixture for a white liquid he'd drink. He go out in the school hallway to the water fountain, get some water and stir up that milky-looking mixture. I told my parents about it and my mother, a registered nurse, said that he probably had an ulcer. One afternoon, close to recess time, we kids were just giddy. Not misbehaving, just giddy. We were having a talent contest or a show & tell contest. Something like that. Mr. Boze joined in the fun. He got up from his desk, stood in the middle of the class and showed us that he could do...the Mashed Potato! We kids hooped and hollered and squealed with delight and amazement. Mr. Boze was doing a new teen dance. He looked a little goofy and oh, so wonderfully human. How I loved that man. I was in high school in 1970 when Mom told me that he'd passed away. I felt like I'd lost a dear member of the family.
My mother is now 89. She's been having some health problems, due to age. I visited her last month while she's convalescing. We talked for hours. She brought up Mr. Boze and, yes, I excitedly told her about what I'd learned. Her reply was, "Wow!" Calvin Boze was a star for an all-too-brief time in the R&B music business of the early 1950s. As a teacher at George Washington Carver Elementary School in 1960s South Central Los Angeles, he was a superstar in the classroom to me and to my family. He still is. I want the world to know that. One more thing -- I sure wish I could sing like Mr. Boze did!
4 comments:
Thank you so much for this vivid and moving piece on Calvin Boze. I've been a fan of his music since the 1980s when some of his tracks became available on LPs over here in the UK.
This article really brought the man behind the music to life. He must have been a truly wonderful teacher and genuinely nice person to have inspired such a heartfelt tribute decades later.
Brian WI really like your writing style. Such a nice Post, Can't wait for the next one.
Dell LaptopsLoved this post! Awesome tribute to an amazing talented and unassuming man! Shared by his daughter Gayle, who also worked as an AMAZING teacher to children --- beloved by all who knew her. It's amazing how one good man and his big heart had such a ripple effect on so many people. "A good man leaves an inheritance to his children's children." Prov. 13:22.


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'Have you seen your mother since that morning?'
'Yes, she asked to meet with me. I had lunch with her.'
'And how did that go?'
Emma sighed, she hated psychologists, all of this touchy feely talking about her feelings wasn't going to change the fact that her life was fucked up and she had fallen into another depressive episode. Unfortunately it had been long enough since she'd seen her psychiatrist that she had to get a referral from a general practitioner who said she'd only write one if she spoke to a psychologist first. Bitch.
At least this one seemed halfway normal, well, aside from the haircut that was straight out of the early 90's. Her office was neat and organized, and decorated with benign artwork that featured coastal scenes heavily. No pictures of kittens clinging onto ropes with the slogan 'hang in there', or those annoying inspirational posters with some idiot on top of a mountain and the label 'perseverance'.
This was still taking way longer than it should have, she had a history of depression and anxiety for Christ's sake, why did she have to go through all of this shit to get a new prescription? It had already been over a week since the thanksgiving from hell and she was sitting here wasting time in the shrink's office.
She tried to focus on the question. 'It went better than I had expected, I guess.' Emma thought back to the meeting with her mom, it went eerily well actually.
'What did you talk about?'
'She wanted to know if I was going to end it with Sam. I told her I didn't know.'
'And how did she react to that?'
God, she really didn't want to talk about this. 'She encouraged me to end it.'
'What was her reasoning?'
'She says it is unnatural, that we would never be able to have a normal life because people would always be judging us. Not to mention that she thinks it is morally repugnant. That's the word she used, repugnant.'
'What people would be judging you?'
'Everybody I guess.'
'Do you believe that?'
All these questions were making her headache pound. 'I don't know, I guess so.'
'Why do you think everybody would judge you?'
Emma snapped, 'Well let's see, I've been fucking my brother. You don't think that's a bit odd?'
Linda, the psychologist, gave her a stern look. 'It is not my job to judge what is or is not odd, Emma.'
'Sorry,' Emma muttered.
'Besides, how would people know that you are brother and sister? Do you look alike?'
Emma snorted, 'No, he's white.'
'And how does Sam feel?'
'He wants to keep seeing me, he kept on calling me, I had to ask him to stop.' She thought of the phone conversations she'd had with him lately. A lot of empty silence, a lot of empty sadness.
Linda uncrossed and crossed her legs in the opposite direction, the pause in the conversation long enough for Emma to know that she had decided to change her approach.
'Have you decided if you will end it or not yet?'
'I think so. Yes, I think I will end it,' Emma felt the sickness in her stomach intensify when she thought of it. Of course she had known since she'd awoken to find her mother at the foot of the bed, but it still made her feel sick to think about telling Sam in no uncertain terms that it was over.
'Do you always do what you mother tells you?'
Emma looked up, startled. She wasn't expecting this sort of confrontation.
'It is a legitimate question. Do you always do as she says?' Linda repeated.
Emma thought about it. 'I've never really had a reason not to. I usually agree with her. I usually think she is right.'
'Do you think she is right in this case?'
Emma sighed and rubbed her eyes. 'I don't know... maybe... probably.'
'Do you think she offers you good advice or do you think she offers you a good home, a good family?'
'Do you think your other family members, your dad and Sam, are only accessible through your mother?'
'Well obviously not Sam, but my dad always agrees with her. I'm not saying he's only accessible through her, but they're a team, he might make himself inaccessible in order to support her. Where are you going with this?'
'Emma, do you think perhaps your decision to end your relationship with Sam is rooted in a fear of being abandoned by your parents?'
Emma saw a glimmer of truth, a little slice of her own inner workings. It shocked her that this woman had so easily seen into her heart, seen something that she didn't even know herself until it was said out loud.
'It's just a question, something to think about,' said Linda as she shuffled the papers on her lap into order, signifying that their session was over.
'I do believe that you legitimately need to be medicated Emma. From your record and your symptoms I believe that you have an illness that requires treatment, so I will have Dr. Creaser write you a referral.'
Emma should have been happy, that's what she came for right? For a referral to get meds., but she was still thinking about the revelation.
Linda paused and looked at her. 'Would you like to come back to see me again?' She asked.
Emma couldn't believe that she was nodding her head. She hated psychologists.
'Good. You are going through some major changes Emma, and talking about things can help you to gain some clarity. You can make another appointment at the front desk, how about for about a weeks time?'
'Yes, that would be good. Thank you Linda,' Emma said, still not believing that she was voluntarily having an extra session with a shrink. She picked up her bag and turned to leave.
'Oh, Emma,' Linda had something else to say. 'This is not professional advice. My personal advice is that mothers, and especially mother in laws,' she paused for effect, 'are the worst people to take relationship advice from. If I were you I'd put off making the decision a little longer, if possible.' She smiled benignly. 'See you in a week then,' she said as she guided Emma out the door.
What the hell did that mean? She didn't have a mother in law.
Emma thought about the shrink session for the rest of the day and for several days afterwards. It was like there was a little ray of sunshine penetrating the dark clouds in her brain. Everything was still totally shit, the situation was still 100% fucked up, but at least now she kind of understood why she was so torn up. Apart from all of the legal crap, what she was being asked to do was to choose between her parents and the love of her life.
She was leaning towards her parents. It was hard not to, Emma owed her life to them. If it weren't for them god knows where she would be now. How could she repay them by breaking their hearts? Sure she loved Sam, she loved him so much it hurt to think about him, but she owed her parents.
The week ticked by slowly. She managed to get an appointment with the psychiatrist for Thursday. Exactly two weeks since it all happened.
Her psychiatrist was a wiry looking old guy who was really lovely and softly spoken, he was such an odd contrast with his office which was sterile and painted institutional pale green.
'What are your symptoms this time Emma?' He asked in his slow kindly voice.
'The anxiety is terrible, I feel like I have a worm in my belly that is thrashing around taking bites out of me from inside.'
'Hmm, that's an interesting description,' he smiled at her.
'The nausea is back. I can't eat, I feel sick just smelling or looking at food, and I've thrown up a few times.'
'Is that getting better or worse since the initial trigger?' He asked.
'I think it is getting worse, and it is getting more spontaneous, I have less warning between when I know I'm going to throw up and actually vomiting.'
'Okay,' he was writing notes, 'anything else?'
'This time I feel dizzy a lot more. I've been trying to drink the Gatorade, like you suggested last time, but it doesn't seem to be helping. And I feel tired, very, very tired.'
'How about suicidal thoughts?' He asked.
'No, not really. I wish I could curl up in a ball and never wake up again but I haven't been thinking about killing myself.'
'Okay dear, don't worry, we're going to try you on the Paxil again,' he said as he scribbled out a prescription. 'Now, I just need you to provide a urine sample to the lab before and then they'll put the prescription through to the pharmacy.'
She peed in the cup and turned it in to the lab along with the prescription, as the doctor had told her to.
'We can probably fit this in this afternoon, so you should be able to pick up your prescription tonight. The pharmacy closes at 6,' the technician informed her.
Thank god, Emma thought. She went back to her classes feeling a little bit more hopeful that she could get things back under control. It was only an hour later that she got the call from the health clinic which would change everything. It was a nurse asking her to come back in that afternoon.
What on earth could be wrong, she wondered. She went back over to the heath clinic and checked in where she had been told to go. It was not long before she was sitting in an exam room, waiting. She started to get nervous. What was the problem? Was there something wrong with her? She knew she couldn't be pregnant, she was on the pill and she had never missed a day, not even once.
A new doctor came into the room, she was middle aged and wore no makeup, her movements were swift and efficient.
'Hello Emma, I'm Chistine Johannsen, I'm an O-B-G-Y-N here at the university health clinic.' She held out her hand and Emma shook it.
'Please sit down, I have some news for you.'
Emma's heart was beating at a million miles an hour, why was an OBGYN consulting with her?
'Emma, your urine sample came back positive, you are pregnant,' she said briskly.
'Wh-what?' she stammered. Surely she couldn't have heard right, she was on the pill, she'd never missed a tablet.
'You are pregnant. I take it that this is a surprise?'
'I can't be... I'm on the pill.' She stuttered.
'Did you miss a tablet?' She asked.
Emma shook her head.
'Have you taken any other medications?'
She shook her head. 'Wait, I took a valium,' she recalled.
'And when was that?'
'Two weeks ago today,' her voice dropping to a whisper as her throat dried up.
'Yes, that most certainly would have done it.' She was writing on a chart.
'Do you have any questions, or shall we discuss your options?'
This was all happening so fast. She was pregnant? Pregnant with a baby? With Sam's baby? She felt ill.
She tried to keep up with the doctor, 'Options.'
'Okay, option number one is that you keep the baby. You come for regular checkups and look after your health. Your due date would be August 18.' She paused.
'Option number two is to terminate the pregnancy. If this is your preference then you are lucky because you are only four weeks pregnant, so you can still have a medical abortion, by which I mean that you will take a series of tablets that will make you miscarry without surgical intervention. It will feel like a very bad heavy menstrual period. The medical abortion is only an option up until eight weeks, so if you want to do that you will need to decide quite soon.
'Past eight weeks a surgical abortion is possible up to twenty-one weeks gestation, although obviously we recommend that if you choose to have an abortion you have it done sooner rather than later. Any questions so far?'
'The medical abortion, when can I have that done?' She asked. The bad heavy period scenario was the best out of the list, in her mind.
'We can book you in for tomorrow. The state of California requires that you undertake a counseling session first, then you will be given the first pill. Forty-eight to seventy-two hours later, you will take the second pill, which will induce the bleeding.'
Emma felt numb, 'Okay, yes, let's do that.'
The doctor nodded her head and made some notes in her chart. You can make the appointment at Clinic number three, which is on the second floor. You will need this referral. She ripped the paper that she had been scribbling on off her note pad.
Emma walked through making the appointment like a zombie. How could she have been so stupid? She knew that you were supposed to check before taking other medicines while on the pill. She'd just been so distraught on that day.
When she thought about it, that day had been right smack bang in the middle of her cycle. And when she thought about it, Sam had injected an unusually large amount of semen into her in the early hours of the morning that day. Shit. How could she have gone and done that?
But she shouldn't worry, she was just going to take the pills and have a bad heavy period. She shouldn't even think about it. She didn't feel like she was pregnant, it didn't feel like there was a baby in her belly, so why even think about it?
The problem was that she couldn't stop thinking about it. She should tell Sam. She knew she should tell him. God, how hurt would he be if he ever found out that she had been pregnant with his child and she'd aborted it without telling him? He'd probably keel over and die on the spot from a broken heart.
But telling Sam would add a whole extra layer of complexity to the problem. He would want to keep it, she knew he would want it. What if she had the baby and the state took it away, like their dad had said? And even if they could keep it what would she do with a baby anyway? She had no idea how to look after a child.
She felt like there was a massive windstorm in her brain. Thoughts and ideas crashed around haphazardly, nothing seemed attached or grounded. God she needed Sam right now.
She looked at her watch, it was 3 pm, she was supposed to be at weight training in another hour. Or she could get in the car and be at Sam's place by the end of the day.
It was 10:00 pm. The drive had taken longer than it should have because she'd had to stop a few times to walk around and calm herself down.
It was raining. Thick sheets of water poured from the sky. Emma sat in her car a few doors down from Sam's apartment building, willing herself to get out and walk to the door. She was about to ruin his life. Even if Sam thought that he wanted to be with her, this baby was going to ruin him. If she had the abortion he might never get over it, if she didn't they'd have a kid for the rest of their lives. The rest of their lives. It was a very long time. It was one thing to talk about it, it was another thing to be trapped into it.
She took a deep breath, opened the car door and ran up to the apartment building. Once she was inside it only took a moment to find his apartment. She knocked on the door before she could loose her momentum, before she could stop and think about it again.
After a moment a tall lanky guy with dark hair and fair skin opened the door. Emma was confused, she knew she had the number right.
'Hi,' he said tentatively.
'Ah, is Sam here?' she asked meekly.
Before he could respond she heard his voice, 'Emma, is that you?'
Sam appeared behind the mystery guy, who looked from Emma to Sam and back again. There was such tension between them, they hadn't even said hello yet and her hairs were sanding on end.
'Come in, you're soaked,' he said as he reached for her hand and pulled her inside.
Emma looked around, so this is where Sam lived. It dawned on her that the mystery guy must be his roommate, Tyler. God her brain must really be backfiring for her to forget that he had a roommate.
'You know what? I think I'll go over to Kelly's tonight. I'll see you at practice tomorrow Sam,' said Tyler, still looking at Emma. And then he left, leaving her standing alone with Sam in the living room of his small, cramped apartment.
'You should take that off, you'll catch a cold,' he said. Still holding her hand he led her down a narrow hallway and into his room. It was neat. Sam had always been neat. He let go of her hand and opened a dresser drawer, pulling out a hooded sweatshirt.
'Here,' he handed it to her and walked out of the room.
She peeled the wet sweater off, she was soaked through to the skin. She decided to take off her shirt and bra too, as they were similarly wet. She pulled on his hoodie and was surrounded by the smell of him. She closed her eyes and breathed it in for a moment, letting it soothe her frazzled nerves.
She didn't know what to do with her wet clothes, so she left them hanging over the back of his desk chair and walked back out into the living room. Sam was sitting on the couch.
'I know why you're here,' he said. He was looking at the TV, which was switched off.
Emma was confused, how could he know already? She didn't even know herself until today.
'Mom told me.'
How could mom have known? Weren't there privacy laws? Wasn't it illegal to disclose patient information?
'She told me that she had lunch with you, that you told her that you were going to end it with me.'
Emma was startled, why would their mother have said that? 'I never said that Sam.'
He looked up at her, 'You didn't?'
She shook her head. 'No, I told her that I hadn't made up my mind yet.'
He looked relieved. 'Why would she tell me that?'
Then Emma remembered the comment the psychologist had made... 'Mothers, and especially mothers in law, are the worst people to take relationship advice from,' she had said.
'She's trying to break us up,' Emma said.
'So that means we are still together?' Sam asked.
'I don't know Sam, I have all sorts of conflicting feelings, I don't know yet.'
He nodded. 'So if you don't know what you want, why are you here?'
'I'm pregnant,' she told him without stopping to think about it, lest she lose her nerve.
Sam's eyes grew wide, 'Pregnant?'
Emma felt the tears coming, she didn't want to cry, she wanted to act cool, for him to think she had things under control, but the tears came anyway.
Sam was beside her, his arm around her, leading her to the couch.
'It's my fault Sam,' she sobbed. 'I took a valium, it interfered with the pill.' Her breathing was ragged. 'I didn't mean to, I didn't even realize.'
'Shhh, baby,' he was holding her against him, rubbing her back. 'Just stop. Calm down.'
How could he be so calm? He was like a rock, so solid and dependable. She let him soothe her. He sat on the couch and pulled her into his lap, cradled in his arms she rested her head on his chest and listened to his heart beating. The steady rhythm lulled her into a sense of security. She shouldn't be letting him hold her like this, but she needed him right now. She needed him to help her through this.
They sat like that for a long time. Finally, when she had been quiet for a long time, he spoke.
'So we are going to be parents then?'
She shook her head, 'I made the appointment for the med...' her words stuck in her throat, 'for the medical abortion.'
'What? Emma, no!' He cried. He pushed her upright on his lap so that she would look at him. 'Why? Why would you do that?'
'It's okay Sam, it's just a series of pills I'll take, it will be like I'm having a bad heavy period. It's only been growing for two weeks, it's tiny.'
Sam looked distraught, his forehead was crinkled and his mouth gaped slightly. 'But Emma, it's our baby.'
She shook her head, 'It's not a baby yet, it's just an embryo, just a bunch of cells. If I get the drugs now it will just be like I'm having my period...' She started to cry again. 'Do you know how complicated it would be if we had this baby Sam?'
This time he didn't hug her to him, he didn't reach for her and try to calm her. 'I don't care how complicated it is,' he told her.
'Mom and dad would have a fit, they'd disown us.'
'They wouldn't, and even if they did it wouldn't change my mind. You're more important than them. Our baby is more important than them.'


text:
This dispute needs to return to the courts.
Our federal government has become so overtly oppressive in so many ways that ordinary citizens have decided that enough is enough, and they are prepared (and in some cases anxious) to take a stand somewhere. Anywhere.
The federal mismanagement of the events at Bundy Ranch has created a difficult and dangerous situation for everyone going forward.
OUR VIEW: Festering dispute invites more trouble
Federal authorities were eager to strap on the body armor, load up the armored vehicles and literally invade a cattle ranch, when the appropriate course of action would have been to place a legal lien on the rancher's cattle or use local law enforcement officers such as the county sheriff.
Even the sheriff recommended against the federal action, but acting with predictable arrogance, an overly aggressive and militarized federal law enforcement action prompted a predictable response from ordinary citizens.
Then a news media frenzy ensued that encouraged more people to come from far and wide to take a stand.
At the end of it all, federal authorities had to back off, but not before promising that they would return to finish what they started.
What a mess.
Another push by heavily armed federal agents is an invitation to violence, yet we cannot have a situation where citizens decide for themselves which laws they feel like following, or when and if they will recognize their own government as legitimate.
Today, Cliven Bundy is a celebrity who can raise large sums of money to fight for his cause in the courts. That is where this matter needs to return. Once a court reviews Bundy's claims as well as those of the federal government, a decision will be rendered that will need to be enforced.
When the time comes for that enforcement, local law enforcement is best suited to handle the task.
We remain a nation of laws and due process.
Bundy deserves to be heard, and in return he has a moral and legal obligation to peaceably abide by the results of a fair and impartial process.
But this process needs to begin afresh if it is to enjoy the confidence of our nation's citizens.
David Livingston is a Republican state representative from Arizona.


text: Are you a good visitor ...When playing matches at away venues are you guided by the home team about what to do? The staff at the venue may not differentiate between home players and visitors, so if instructions have been given to the home team previously the staff will expect you to abide by them, even though you don't know what they are! As a visiting player you can easily spoil a good and valued relationship between the home team and the venue staff by doing something unexpected or without thinking ...Needless to say the Association is very keen for our sport to seen as good users of sports facilities and London volleyball players to maintain their good reputation among venue staff.There are several situations to look out for:Moving equipmentAt some venues the hirers are left to clear the hall and set up the court, at others the venue staff insist on doing all the shifting and setting up. Ask before moving things around.Early warm-upSome home teams will have fairly slack time slots, others are more strict. If you arrive early it may be wrong to assume any empty space is OK to start your warm-up. Ask the home team or the venue staff first.Late finishAgain this will vary from venue to venue and as visitors you will have little control over what happens when a match runs over time. Leave all interaction with the staff to the home team. If your team captain agrees to swap extended match time for no showers before leaving then make sure you comply - even if you later find other people in the showers, your deal was 'no showers'.Being a good visitor should help our sport to thrive.


text:
The Raanjhanaa babe and Vicky Donor actor's first film this year has garnered a mixed response
Sonam Kapoor and Ayushmann Khurrana's latest film Bewakoofiyaan hit the theatres this Friday. We caught up with the high energy director Nupur Ashthana who has managed a casting coup of sort and also has the credit of many 'firsts' in her second Bollywood movie. The actor didn't just get Sonam Kapoor to enter the pool in a sexy pink bikini, but also has shot Ms Kapoor's first ever onscreen kiss. But that's no big deal for Nupur, who felt it was not the highlight of this movie, but an ordinary scene between very much in love couple.
Here's what Ms Asthana had to tell us about her new movie….
Bewakoofiyaan has an unusual star cast. None of us imagined to see Ayushmann Khurrana and Sonam Kapoor together in a film. What was the idea behind getting such a fresh pair for your film?
When I read the script, that's when I decided that I will rope in a fresh pair for Bewakoofiyaan. I saw Ayushmann's Vicky Donor, after which I was completely impressed with him. So I definitely wanted him to play the character of Mohit in Bewakoofiyaan. Sonam on the other hand is very intelligent in real life. She is very well read and is aware about all the current happenings in the world. So I wanted to capture her real life persona in Bewakoofiyaan with her character Mayera. So that's how it all happened and it took place in the matter of three days. They both read the script, liked it and came on board.
There was this perception that it would be tough to get Sonam and Rishi Kapoor in one frame. Was it difficult considering that Koffee with Karan episode and all that was written and said…
Honestly, I have never seen that KWK episode and I didn't even think about all this. We just approached them individually and all of them said yes. Infact, Sonam and Rishi Sir are great foodies, so we used to have lunch together everyday.
So there was no bad blood at all between them?
Not at all. We never worried about that.
Sonam has sport the bikini for the very first time on the silver screen? Did it take a lot of convincing on your part?
No yaar. She was quite okay with it. Today every modern girl doesn't mind wearing a bikini. So it was all cool.
And people have really loved her in bikini. In fact we did a poll on our site and she has received a lot of compliments. But what is that one compliment which you have got for Bewakoofiyaan?
Whoever has seen the film has come to me and said that the characters have been portrayed really well. And that's the best compliment a filmmaker can get.
You also seem to like Raghu Dixit's music a lot. He crooned some songs in your earlier film Mujhse Fraandship Karoge and now in Bewkoofiyaan as well. Tell us about your association with him.
I have been a big fan of Raghu Dixit. His band is popular in the world for Indie music. He did a lovely job in MFG and similarly he has done an absolutely good job in Bewakoofiyaan.
It is said that Yash Raj Films have a bikini clause in their every film. How true is that?
(Laughs) This is so funny. I must tell this to my producer. There is no such clause yaar.
Bewakoofiyaan also saw Sonam's first onscreen kiss. Did that take any convincing…
Not at all. See I am showing a couple, who has been dating since two years and they are on the verge of their marriage. So do you really think that this couple does not have sex? They are a metrosexual and cosmopolitan couple.
Are you vying to get into the Rs 100 crore club with Bewakoofiyaan since in today's time box office collections are equally important as critical acclaim?
See both are important. But I am not vying to be the part of the Rs 100 crore club at all. I think that each film is special.There are many kinds of film which are being made today, but all films can't be a 100 crore films, right? Look at Queen for example, the word of mouth is good and people are going to watch it, but then it's not the 100 crore type film since it's not a masala film. So that doesn't mean that it should have never been made. I really hope people identify with Bewakoofiyaan. Yes, box office collections are important, but to a certain extent.