Figures show foreign worker visas rising

NEW figures show a recent surge in 457 visa applications that justifies the federal government's planned crackdown on rorts, Immigration Minister Brendan O'Connor says.

But the opposition says the government's figures show the increase was confined to the Christmas period and do not point to evidence the system is being rorted.

Mr O'Connor said the numbers support the government's decision to take action to close loopholes in the 457 program and ensure local jobseekers are not disadvantaged by unscrupulous employers bringing in temporary foreign workers.

"These January figures show that after the traditional December lull, 457s have continued to increase," he said on Saturday.

"At January 31, there were more than 105,000 people in Australia working on temporary 457 visas. That is an increase of 22.4 per cent compared to January 2012."

Mr O'Connor said he was concerned the growth in applications and granting of 457 visas were outstripping the total employment growth rate by a "very significant" margin.

"That says to me that there are now more 457 applications coming in where there are not demonstrable skill shortages," he said.

Mr O'Connor said the overall trend was clear - more people were coming in on temporary skilled worker visas at a time when the unemployment rate was flat, not falling.

That was particularly so in the IT industry, where 457 visas had increased by 68 per cent while vacancies for local IT workers were decreasing.

The 457 visa scheme was introduced in 1996 to allow local business to fill skills shortages with overseas workers able to stay for up to four years, who were also entitled to bring their families and travel in and out of Australia as often as they wanted.

Unions have long objected to the scheme but the opposition backs it as an effective means of filling skill vacancies when there aren't enough Australian workers.

Opposition immigration spokesman Scott Morrison said the figures prove nothing other than that Labor had handed out more 457 visas than any other government.

Mr Morrison said the figures jumped from December to January because it was Christmas.

"To suggest there are rorts because more visas have been handed out is like suggesting there is a drought because the sun is shining. One is not evidence of the other," he told AAP.

"All I have called for in the wake of the government's announcement is to produce the report of the inquiry or the investigation conducted by the department that demonstrates the widespread rorting and abuse that the government claims, and that is absent."

Mr Morrison said this was just another desperate and cynical attempt to distract attention from the government's failure on border control.

"The prime minister should stop attacking skilled migrants who come the right because she can't stop people coming in boats the wrong way," he said.

"The unions have always said they don't like 457 visas and now the government is parroting the union line."

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WA leaders cast their votes in state poll

WA Premier Colin Barnett has played down polling that points to a landslide win for his party. Source: AAP

THE Liberal and Labor leaders have cast their votes in the West Australian election, with Premier Colin Barnett playing down polling that points to a landslide win for his Liberal party.

A Newspoll released on Friday night showed the incumbents would win 59.5 per cent of the vote on a two-party preferred basis.

Mr Barnett maintained that at least a dozen seats hung in the balance.

"I can honestly tell you I don't know who's going to win those seats," he told reporters at a polling booth in Cottesloe, in his affluent western suburbs electorate, where he cast his vote.

"There's going to be a very close contest.

"I hope I can continue and I hope we get the chance to finish many of the projects around the state, around the city, and carry on."

Labor leader Mark McGowan was first off the mark in casting his vote in the working-class satellite suburb of Rockingham, south of Perth.

Mr McGowan, who had also kicked off the party's official election campaign 10 days ahead of his opponent, arrived in his trademark red campaign bus.

He remained optimistic despite the polling, saying he'd wait and see what happened.

He said he would spend the day visiting polling booths around the city.

Deputy federal opposition leader Julie Bishop was full of praise for Mr Barnett, saying he would continue to stand up for the state's interests.

Ms Bishop said Mr McGowan had tried to distance himself from federal Labor, but that was futile because there was a deep distrust of the Gillard government that the state party couldn't shake.

Polls close at 6pm WST.

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Germany drops Sea Shepherd warrant

SEA Shepherd founder Paul Watson has revealed he's no longer a wanted man in Germany, and says Australia can keep him out of a Japanese jail.

The anti-whaling fleet has wound up its Southern Ocean season, with its three vessels running low on fuel and due in Melbourne in around 12 days.

Mr Watson, though, says he will remain at sea and continue his seven-month exile unless the Australian government backs its anti-whaling stance by guaranteeing he won't be sent to Japan.

The Canadian national has been on the run since skipping bail in Germany last July following his arrest at the request of the Costa Rican government.

The Costa Ricans accused him of interfering with a fishing vessel, which Sea Shepherd says was part of an illegal shark-finning operation, in 2002.

But Mr Watson told AAP he no longer faces legal problems in Germany after fearing he would be sent to Japan from there.

"Germany has dropped their warrant against me but Japan still wants me and I haven't got an answer out of the Australian government, will they send me to Japan or not?" Mr Watson said from on board the Sea Shepherd vessel Steve Irwin.

"Until I get that answer I don't have any choice but to stay at sea."

Mr Watson said Costa Rica had not met a February 27 deadline set by the Germans to explain why there was a warrant for his arrest.

Japan accuses him of interfering with its business operations.

Mr Watson said he was on an Interpol red list usually reserved for "serial killers and war criminals".

He said secret arrangements were in place for him to stay at sea if he receives no guarantee from Australia.

But he is unlikely to be aboard the Steve Irwin when it docks, along with the Bob Barker and the Sam Simon.

"If I could get a fair hearing in the US or Australia, yes I would be willing to (come ashore)," he said.

"But I do know one thing. If I get sent to Japan I'll never be released."

Mr Watson said he had no expectation that Australia would offer him a safe haven.

"I'm not going to whine about it," he said.

"The fact is that we knew when we took on Japan we were taking on one of the world's great economic superpowers.

"They have incredible political influence, they have incredible resources so the consequences are something that we expected and are prepared for."

Attorney-General Mark Dreyfus has been contacted for comment.

Mr Watson said this season's campaign, which included several collisions between Sea Shepherd and whaling ships, had been his group's most effective yet and estimated fewer than 100 whales were killed.

He said he expected to be back in the Southern Ocean next summer regardless of any outcome in Australia's case against Japan's whaling at the International Court of Justice.

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Govt has not prejudged ICAC: O'Farrell

NSW Premier Barry O'Farrell says a mining magnate who has launched legal action against the ICAC commissioner is entitled to do so.

Millionaire Travers Duncan launched a legal challenge in the Supreme Court on Thursday against David Ipp, head of the Independent Commission Against Corruption (ICAC).

Mr Duncan is a key witness at an ICAC inquiry into the 2008 decision by former Labor minister Ian Macdonald to grant mining exploration licences in the NSW Hunter region.

"He's entitled to take legal action. That's his right," Mr O'Farrell told reporters in Sydney on Friday.

Mr Duncan was an investor in Cascade Coal, a mining company that bid successfully for one of the licences over land at Mt Penny, in the Bylong Valley, and could be affected by adverse findings made by the ICAC.

Commissioner Ipp said last month at the inquiry that he would respond "as soon as possible" to Mr O'Farrell's request for advice on mining exploration licences in the Hunter.

Mr O'Farrell had written to the ICAC requesting advice on whether there should be any amendments to the mining act and whether the NSW government should commence legal proceedings against individuals or companies.

Mr O'Farrell said he didn't intend to prejudge the inquiry but it was the government's job to protect taxpayers.

"We don't intend to prejudge a commission of inquiry ... Mr Travers is entitled to his action, but we're entitled to put the public interest first and foremost in everything we do," he told reporters.

"I sought appropriate advice from Commissioner Ipp. I received advice from Commissioner Ipp. Commissioner Ipp had made it clear that he had not prejudged or made any formal recommendations.

"The government hasn't prejudged this matter."

Justice Garling has listed the matter for hearing on March 22.

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SA clerk's harassment case 'not for cash'

Rebecca Ramstrom (left) was cross-examined on Thursday in the Equal Opportunity Tribunal. Source: AAP

A FORMER magistrate's clerk who claims she was sexually harassed by her boss has denied ever hearing about a $450,000 award made to another woman in a similar Adelaide case.

Rebecca Ramstrom also denied discussing that case with the magistrate and saying to him: "I should have sued my previous employer for sexual harassment".

The 33-year-old was being cross-examined on Thursday in the Equal Opportunity Tribunal in Adelaide by Marie Shaw QC, who is acting for the now-retired magistrate Joseph Baldino.

Ms Ramstrom, who was his clerk between 2008 and 2010, claims Mr Baldino repeatedly made salacious and disgusting comments, touched her breasts when pretending to look at her necklace and slapped her on the bottom with a file.

She said she walked out of her job in September 2010 after a panic attack caused by the slapping and has not been able to work since then.

Ms Shaw asked her about a Centrelink case, which came before Mr Baldino, involving a woman who had been awarded $450,000 in a sexual harassment claim.

Ms Ramstrom said she could not recall if she typed the magistrate's sentencing remarks in the Centrelink case or if she was present in court the four times the case came before him in 2009.

She denied ever reading about the award or seeing a story about it on the television news.

Ms Shaw suggested it was "simply incorrect" for her to say she had never heard about the award.

"I stand by what I say, I speak the truth," Ms Ramstrom replied.

She said she had never heard about the award "up until this day", adding it did not interest her.

"You are not interested in how much money you could get for sexual harassment?" Ms Shaw asked.

When Ms Ramstrom replied that she was not, the Ms Shaw again asked if that was the reason she was in the tribunal.

"I am here because I am not well and I was touched," Ms Ramstrom replied.

"I want my health back."

The hearing is continuing.

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Vic MP backs coalition after quitting Libs

EX-LIBERAL MP Geoff Shaw has used his first vote as an independent to back the coalition and kick out a Labor MP from Victorian parliament.

Mr Shaw quit the Liberals on Wednesday to join the cross benches, blaming Ted Baillieu's leadership for his decision.

Mr Baillieu resigned as premier later on Wednesday and Denis Napthine took the top job.

Mr Shaw's move to become an independent has big implications for the coalition's slim hold on power and the government will be relying on his vote to pass laws.

In the first test of support, Mr Shaw voted with the coalition on Thursday to eject Labor MP Joanne Duncan from parliament.

Dr Napthine said he planned to have discussions with Mr Shaw but refused to be drawn on whether he would welcome him back into the Liberal fold.

The coalition now has 44 seats to Labor's 42. Labor's number will increase to 43 after the by-election for the safe Labor seat of Lyndhurst on April 27.

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High Court told MRRT unconstitutional

Fortescue Metals Group's challenge to the mining tax is set to go ahead before the full High Court.

Fortescue Metals Group will appear before the High Court to challenge the government's mining tax. Source: AAP

A LAWYER for mining magnate Andrew "Twiggy" Forrest says the federal government's mining tax breaches the constitution and nothing can be done to bring it back from the dead.

"It is not revived or quickened by being put through the crematorium of this court," counsel for the Fortescue Metals Group, David Jackson QC, told High Court judges on Wednesday.

Mr Forrest wasn't in court for the start of the case that pits his Fortescue Metals Group against the Commonwealth of Australia over the validity of the Minerals Resources Rent Tax (MRRT).

The full court of the High Court, sitting in Canberra, has set down three days to hear the case.

At one point, Justice Kenneth Hayne observed: "Nothing is unduly simple in this."

Mr Forrest has vigorously opposed the MRRT from the outset.

He foreshadowed a legal challenge last year - long before the government revealed just how little the MRRT raised in its first six months.

To the end of December 2012, the tax garnered $126 million from miners against a full-year forecast of $2 billion.

Fortescue expects to pay no MRRT this year.

Opening the case, Mr Jackson said Fortescue did not dispute the commonwealth's power to raise tax.

But the company was challenging the validity of the MRRT on grounds that it contravened a provision of the constitution which stipulates tax must be applied equally to all states.

"It discriminates against the states in that it gives rise to a preference to some states," Mr Jackson said.

He argued the MRRT was levied differently in each state because of the variation in mining royalties which are offset against tax liabilities.

The commonwealth, represented by Solicitor-General Justin Gleeson, has yet to present its case.

But it will argue the tax is constitutional because it is imposed at a uniform rate regardless of a mine's location.

Royalties were deemed merely one type of allowance for which a miner can calculate deductions in calculating MRRT liability.

The MRRT is levied at the rate of 22.5 per cent on total profits over $75 million derived from extraction of iron ore, coal and coal-seam gas.

Mining companies can reduce MRRT liability through claiming certain expenditure including royalty payments to state governments.

The case has attracted considerable interest with the solicitors-general for Queensland and Western Australia granted leave to intervene.

It's being heard by six of the court's seven judges after Justice Stephen Gageler excused himself on grounds that he provided legal advice to the commonwealth on the MRRT when he was solicitor-general.

The case is expected to run for another two days.

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Carr critical of DFAT over Zygier case

Foreign Minister Bob Carr says his department's handling of the Ben Zygier case was unsatisfactory. Source: AAP

FOREIGN Minister Bob Carr has criticised his department's handling of the shadowy case of Melbourne man and suspected Israeli spy Ben Zygier.

Senator Carr last month ordered a review of the Department of Foreign Affairs and Trade's (DFAT) handling of the case, shortly after Mr Zygier was named as Israel's mysterious "Prisoner X".

Mr Zygier, a dual citizen of Australia and Israel, was detained for alleged Israeli national security offences in February 2010 and died in a supposedly suicide-proof cell 11 months later.

It's believed he worked for Israeli spy agency Mossad.

Senator Carr says the DFAT review found Mr Zygier was granted regular access to a lawyer and more than 50 visits by family members during his detention.

But he criticised a lack of clarity in government decision-making over consular responsibilities.

"The Zygier case was complex and outside the normal bounds of consular activity," Senator Carr said in a statement on Wednesday.

"However it is unsatisfactory that there was a lack of clarity over the exercise of consular responsibilities."

Senator Carr says it's also unsatisfactory that details of assistance provided by Israeli authorities to Mr Zygier were not sought by or provided to DFAT until he ordered the review.

"I acknowledge DFAT's contemporaneous assessment that Israel would not have granted direct consular access to Mr Zygier," he says.

"However it would have been preferable for follow-up information to have been sought in 2010."

Senator Carr admitted for the first time Mr Zygier was an "employee of the Israeli government".

But the minister could not confirm or deny Mr Zygier worked for Mossad.

He also revealed then-prime minister Kevin Rudd and then-foreign minister Stephen Smith were not told of Mr Zygier's arrest.

The DFAT report notes it would have been "prudent" for Australian intelligence agencies - who knew about Zygier's arrest within days - to consult with Australia's ambassador in Tel Aviv about the likelihood of officials being granted consular access to him.

"A more coherent system for handling intelligence information on individual consular cases would have assisted management of issues around Mr Zygier's circumstances," Senator Carr said.

The report recommends any Australian agency that becomes aware of the detention of an Australian citizen tell the relevant ambassador or high commissioner, unless the foreign minister grants an exemption.

The report also recommends DFAT lead the development of a protocol for dealing with individuals detained on intelligence-related matters.

A better system should be developed to ensure senior consular officers can access written records, including intelligence, of sensitive cases, the report adds.

It also calls for a further review into the consular services that should be provided by Australia to dual nationals, like Zygier.

"I have directed that these recommendations be implemented," Senator Carr said.

Senator Carr says if it emerges Australian passports are being used by other countries to conduct intelligence operations, the government will be outraged.

"It's something to which we would take the strongest opposition," he told reporters in Sydney.

"We can't live with that."

Australia expelled an Israeli diplomat in May 2010 after it emerged forged Australian passports were used in the assassination of Hamas agent Mahmoud al-Mabhouh in Dubai.

"There is no evidence Mr Zygier was involved in the Dubai incident," Senator Carr said.

Senator Carr said there were questions about the Zygier case that remained unanswered.

"There's a lot about this that's odd."

DFAT secretary Peter Varghese met with Israeli Ambassador Yuval Rotem to seek information about the case while he was preparing the report, Senator Carr said.

But there was no information forthcoming, Senator Carr said.

Mr Zygier - also known as Ben Alon and Ben Allen - trained as a lawyer in Melbourne but moved to Israel in 2000.

Seven days after he was found hanged in his cell at age 34, his body was flown back to Melbourne, where he is buried in a Jewish cemetery.

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Disaster heroes cruise on Queen Mary 2

ONE of the heroes of this summer's disasters is looking forward to being far away from a ringing telephone.

Queensland SES coordinator Christie Heitmann is one of more than 35 heroes being treated to a two-night cruise on the world's largest ocean liner.

The group - chosen at random from among volunteers active during the Queensland floods and the bushfires in Tasmania, NSW and Victoria - have been welcomed on board the Queen Mary 2 to sail from Brisbane to Sydney.

Ms Heitmann co-ordinated the SES response on the Gold Coast in the wake of Cyclone Oswald in January.

After responding to 824 calls for help, Ms Heitman says it will be nice not to have a phone constantly ringing.

She's looking forward to relaxing by the pool for a few days.

"It's going to be a different type of water to what we're used to working in," she told AAP.

Cunard Line president Peter Shanks said Queen Mary 2's 'Salute to the Summer Heroes' was about recognising volunteers.

"Emergency services volunteers risk everything to protect their communities in the most extreme conditions and they do it willingly year after year and sometimes at great personal cost," he said in a statement.

"Queen Mary 2 makes a huge impact wherever she goes, and we are delighted she can play a part in marking the service and sacrifice of volunteers."

A special auction will be conducted onboard, with proceeds to go to the Australian Red Cross 2013 natural disaster appeal.

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Great Keppel development wins fed approval

A $600 million marina development has won federal government approval on Great Keppel Island. Source: AAP

A RAFT of strict conditions has been imposed on federal approval for a $600 million tourism and marina development on Great Keppel Island.

The project, off the central Queensland coast, includes a new 250 berth marina precinct, 750 resort villas, 300 apartments, a hotel and an 18 hole golf course.

Federal Environment Minister Tony Burke says the approved development is significantly different from the original, which was rejected in 2009.

The development's size is 40 per cent smaller, down by 58 hectares, there are 950 or 55 per cent fewer villas in the tourism resort, and 310 or 55 per cent fewer berths in the marina.

Waste water management has been considerably improved with no discharge into the Great Barrier Reef Marine Park allowed.

The golf course, designed by Greg Norman, has been relocated away from Leeke's Lagoon to create larger buffers for migratory birds and remove its visibility from the sea.

And the marina has been redesigned to reduce the extent of dredging.

"The conditions I have imposed will ensure that the outstanding universal value of the Great Barrier Reef is not diminished by this development," Mr Burke said in a statement.

The minister said Great Keppel has been a tourist destination since the 1930s with the first resort established in the 1960s and expanding in the 1970s before the resort facilities closed in 2008.

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Low Vitamin D 'linked to food allergies'

FOUR-YEAR-OLD Harry is looking forward to Easter this year, because for the first time he may be able to eat chocolate eggs.

Harry has food allergies, and the chocolate treats might have killed him in the past because of his allergic reaction to milk.

But recent testing in a Murdoch Childrens Research Institute (MCRI) study in Melbourne shows his milk tolerance has improved.

The testing is part of the institute's study into links between vitamin D levels and food allergies in children.

In results released on Monday, the study found one-year-olds with food allergies were up to 10 times more likely to have low vitamin D levels.

Lead researcher Professor Katie Allen says the vitamin D factor, combined with other hygiene and food introduction factors, may help solve the puzzle of Australia's soaring food allergy rates.

"I think ... all these coming together within the next couple of years could have a dramatic impact on preventing food allergies and turning back the tide of the epidemic," Ms Allen told reporters in Melbourne.

"So, yes, I think that things are happening very quickly."

The rate of anaphylaxis, a potentially deadly allergic reaction, has soared in Australia in recent years.

Harry's mum Katie Eyers says when Harry was 18 months old, he stopped breathing for about 30 seconds after drinking a fifth of a teaspoon of milk.

Curing him of his allergies would mean the world to her.

"It would mean so much to have a child you could let out of your sight and not fear that every little bit of food might kill them," Ms Eyers said.

"So just being able to let them go to school without a worry, birthday parties, family functions, all those things that in the back of your mind you're always feeling a bit anxious about."

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China volunteers rescue 900 dogs in truck

Animal rescue in China says volunteers have rescued about 900 dogs that were found in a truck. Source: AAP

THE head of an animal rescue centre in China says volunteers have rescued about 900 dogs that were being transported in a truck.

Chen Mingcai of the Chongqing Small Animal Protection Association said on Sunday that a citizen became suspicious of the truck and called police, who detained the truck driver on Friday night.

Chen says he was later contacted by someone who had seen a photo of the dogs left in the truck on the entrance of an expressway in southwestern Chongqing city.

By Saturday afternoon, Chen says volunteers from the animal center and other animal lovers who had seen postings about the dogs on social media had arrived at the truck wanting to help the canines.

Chen says many of the dogs looked like pet dogs.

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NSW floods could isolate hundreds more

HEAVY rain across northeast NSW could leave hundreds more people isolated on the state's mid-north coast.

A severe weather warning for heavy rain in the northern rivers and mid-north coast forecast districts remained in place on Sunday afternoon.

The Bureau of Meteorology (BOM) warned residents in those areas to expect scattered showers and possibly local heavy falls through the rest of the weekend.

Rainfall was easing but flash flooding was still possible, the bureau said.

A State Emergency Service (SES) spokeswoman said a flood rescue was under way at Singleton, in the Hunter, on Sunday afternoon.

"There's a person stuck in rising floodwaters with their vehicle," she told AAP.

Dozens of SES volunteers flew north on Saturday to help locals respond to any flooding.

"Our focus today is on the mid-north coast, especially areas around the lower Macleay," the spokeswoman said.

She said hundreds of locals at South West Rocks, Crescent Head, Hut Head, Gladstone, Jerseyville and Smithtown could become cut off, joining the 5300 people already isolated by floodwaters in the region.

Up to 133 millimetres of rain had fallen on the lower Macleay Valley since 3pm (AEDT) on Saturday, according to the BOM.

Moderate flooding was already affecting Kempsey, and the Macleay River was expected to peak near six metres about 5pm on Sunday.

Meanwhile, the Sydney Western Region SES said on its Facebook page that it had made several failed attempts to reach isolated residents at St Albans, Webbs Creek, Colo and McDonald Valley by helicopter.

Flood teams from the Hills and Penrith were heading to those areas on Sunday afternoon to assess the extent of the flooding.

The SES reminded people in flood areas not to drive, ride or walk through floodwater, but the spokeswoman said the SES had received few calls for help over the weekend.

"It's good people are heeding our message," she said.

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