Unions seek upper hand over crime claims

Ex-PM John Howard says Labor needs to get behind plans to re-establish a building industry watchdog. Source: AAP

TREASURER Joe Hockey believes corruption whistleblowers from the construction industry need a forum to be heard but does not think an inquiry need extend beyond unions to employer groups.

Amid mounting allegations of improper deals by union officials, Mr Hockey said the actions of the movement "need to be fully exposed and addressed".

"Someone has to stand up for the workers and we're prepared to do that," he told ABC TV on Wednesday following a counter-attack from unions during the day over claims of corruption and misconduct.

Prime Minister Tony Abbott said the government would make "every effort" to ensure workplaces are free of misconduct and corruption, including restoring the Australian Building and Construction Commission and holding a judicial inquiry.

He challenged Labor and the unions to show the public on whose side they were.

"Are they on the side of law-abiding citizens or are they on the side of people with a tendency to break the law?" Mr Abbott asked.

Stopping short of backing a full royal commission into the matter, Mr Hockey said the inquiry need not extend to all employer groups.

"There are no suggestions of other representative groups engaging in this, what appears to be, systemic corruption," he said.

The federal government should see what comes out of any inquiry before looking at expanding it to other organisations, he said.

Among those making accusations are Brian Fitzpatrick, a former industrial officer with the Construction Forestry Mining and Energy Union in NSW, who alleged he had been offered $300,000 to leave the union quietly.

Melbourne builder Andrew Zaf told ABC's 7.30 program on Wednesday he had been forced by CFMEU members to hire the father of a senior unionist to work on a site in the western suburbs, and that the man once threatened to kill him.

"Well when someone threatens to kill you, what are you going to do?" Mr Zaf told the ABC when asked why he did not sack the union organiser's father.

Mr Zaf also claimed he provided free materials for the house of Victorian CFMEU heavyweight John Sekta in return for peace on industrial sites - a claim vigorously denied by Mr Sekta.

ACTU president Ged Kearney said the Fitzpatrick matter had been referred to police, which was appropriate.

It was "absolutely absurd" for the prime minister to suggest a royal commission was needed because of the allegations, she said.

"Taxpayers' money will be wasted - $100 million will be spent on what is nothing more than a political witch-hunt."

The CFMEU's NSW construction division secretary Brian Parker insists the union's legal department called the police as soon as Mr Fitzpatrick had alerted them to the threats.

But the former official did not pursue the matter with police.

The man who allegedly made the threat, Darren Greenfield, denied having done so, so the union could not form a conclusion on the truth of Mr Fitzpatrick's claim, Mr Parker said.

The union did not offer Mr Fitzpatrick $300,000 but had provided a confidential exit settlement over an unrelated employment issue.

"The CFMEU does not employ gangsters or members of motorcycle gangs and our office is not infiltrated by criminals," Mr Parker said.

A spokesman for Labor leader Bill Shorten said police should be allowed to investigate.

"They're the best people to do it," he said, adding if Mr Abbott and Senator Abetz were serious about the issue they should let police get on with their job rather than play "pathetic politics".

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Another measles case in Brisbane's south

Brisbane is on measles alert with two cases confirmed on the city's southside in less than a week. Source: AAP

A BRISBANE man has contracted measles, becoming the second person diagnosed on the city's southside in less than a week.

Queensland Health says the adult male was likely infectious when he visited retail stores on Boundary Street in West End and a barber on January 22 and 23.

He also visited the Coles Supermarket in West End on January 25 and the Stradbroke Island barge that night.

Metro South Health public health physician Dr Brad McCall says the entire city should be on measles alert, particularly those who may have come into contact with the man.

His diagnosis comes less than a week after an adult on the city's southside was confirmed as having the infectious disease.

The person was likely infectious when flying from the Philippines to Sydney via Qantas and then to Brisbane on January 21, also visiting the IGA at Carina that day.

Measles symptoms include fever, cough, a runny nose, then a red spotty rash and sore eyes a few days later.

Dr McCall says those with two recorded doses of measles-mumps-rubella (MMR) vaccine are very unlikely to get the disease.

"People who are unsure or have concerns about their immunity to measles should contact their doctor to check whether they have had both vaccines," he said in a statement.

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Albany hitman hirer jailed for 8yrs, 6mths

An elderly WA businessman (L) has been found guilty of attempting to have his son's ex-wife killed. Source: AAP

A WEALTHY, elderly West Australian businessman has been sentenced to eight years and six months in jail for attempting to have his former daughter-in-law murdered.

Brian Vincent Attwell, 74, was in November found guilty by a jury of the rare offence of attempting to procure the commission of a crime, following a five-day trial in the Albany Justice Complex.

The court heard the accused had asked a truck driver, who approached him desperate for work with his civil contracting company AD Contractors, to kill 50-year-old Michelle Patreena Attwell after becoming frustrated with a protracted, bitter legal dispute between her and his son following the breakdown of their marriage.

The driver informed police, who instructed him to set up a meeting between Attwell and an undercover policeman.

Attwell met the policeman twice at a beach near the woman's home and paid $10,000 in two instalments as a down payment on a $30,000 job, telling the officer to bind her in duct tape, strangle her and bury her in a 30-foot hole dug by an excavator.

During the trial, Attwell argued his comments were "huff and puff", while defence lawyer Tom Percy said his client was "a crotchety old bugger" and "a classic grumpy old man", but he was not homicidal.

On Tuesday, Supreme Court of Western Australia Justice Ralph Simmonds said a term of immediate imprisonment was appropriate for such a serious offence.

"I consider this to be a serious example of a serious offence," Justice Simmonds said.

He ruled that the maximum sentence for the offence was life imprisonment, not 14 years as contended by the defence.

Attwell will be eligible for parole after serving six years and six months in jail.

He spent more than six months in remand, meaning he'll be 80 before he can be considered for release.

Justice Simmonds said aggravating factors included elements of premeditation and planning.

While that was unsophisticated, "there was calculation", Justice Simmonds said.

Another aggravating factor was that Attwell had paid "a not insignificant sum".

Referring to Ms Attwell's victim impact statement, Justice Simmonds said she had suffered continuing trauma from her ordeal, including feeling vulnerable, losing sleep, a disrupted eating pattern, and fears for her children's safety.

The court heard during sentencing submissions on Friday that she had been immensely frightened - not even listening to music so she could hear if someone was approaching her house.

Justice Simmonds said Attwell had been held in high regard in the Albany community, where he was known for his generosity and successful business, but he had shown no remorse and no empathy towards his intended victim.

Justice Simmonds said he had taken into account Attwell's ill physical health, with the frail diabetic suffering from limited mobility, however that could be satisfactorily managed in prison.

Attwell said via video link from Albany that he was "not very happy" and intended to appeal.

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Murder probe after bodies found in NSW

A search for a father and daughter on the NSW north coast has turned into a murder investigation. Source: AAP

A DESPERATE search for a missing father and daughter has turned into a murder investigation after police uncovered two bodies on the NSW north coast.

Greg Hutchings, 35, and his four-year-old daughter Eeva Dorendahl-Hutchings have been missing from the coastal town of Pottsville since January 11.

Mr Hutchings was due to hand Eeva over to her mother at a local park on that day but never showed.

The disappearance sparked a massive land, air and sea search involving locals, State Emergency Service (SES) volunteers and police.

Tweed Heads Detective Superintendent Stuart Wilkins said the search had turned to sand dunes north of Pottsville on Tuesday after police received specific information last week.

At 10am (AEDT), an SES volunteer discovered two bodies beneath a tree in the dunes.

"It is quite obvious they have been deceased for a considerable period of time," he said.

"We are unable at this time to identify those bodies but it is certainly possible that they are our missing persons."

Supt Wilkins told News Corp Australia it was a murder investigation but the cause of death would be a matter for the coroner.

Mr Hutchings' grieving mother, Diana, said that Eeva was a beautiful girl and her son was a beautiful man.

"We are shocked, we need to process it and to show respect for two beautiful people," she told News Corp after the grim discovery.

"We were trying to help find them but now we just need the police to investigate."

Local business owner John Wightman said the tight-knit community was shocked.

"Everybody is very upset," he told AAP.

"The locals, the SES and all the organisations that could help were involved (in the search)."

Mr Hutchings was believed to be living in Pottsville and had recently been working at a local restaurant, White Jade.

Mr Hutchings' sister, Sheri Hutchings, and former work colleagues have spoken out since his disappearance about a custody battle with Eeva's mother, Michelle Dorendahl.

Ms Hutchings said the discovery of a Finnish passport was possibly the catalyst.

"He has been concerned that Eeva's mum might relocate them to Finland without Greg's knowledge," she wrote on her Facebook page earlier this month.

"His discovery of a secret Finnish passport for Eeva has probably been the catalyst for his hesitation in returning Eeva to her mum."

A former work colleague, who did not want to be named, said he believed Mr Hutchings had taken off because of a long-term custody spat with Eeva's mother.

However, Ms Dorendahl reportedly denied any plans to relocate with her daughter and made that clear to her ex-partner.

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US officials probe illness on cruise ship

At least 300 passengers aboard Royal Caribbean International's Explorer have reported getting sick. Source: AAP

US health officials have boarded a cruise ship docked in the US Virgin Islands to investigate an illness outbreak that has stricken at least 300 people with gastrointestinal symptoms including vomiting and diarrhoea.

The US Centers for Disease Control and Prevention says that 281, or nearly 10 per cent, of the 3050 passengers aboard Royal Caribbean International's Explorer of the Seas have reported getting sick during a Caribbean cruise that left Cape Liberty, New Jersey, on Tuesday.

Twenty-two crew members also reported feeling ill.

Janet Diaz, spokeswoman for Royal Caribbean Cruises, said CDC representatives boarded the towering, 15-deck ship on Sunday as it made a port call in St Thomas, the main island of the US Virgin Islands.

At least two CDC officials, an epidemiologist and an environmental health officer, were expected to do the investigation and evaluate the outbreak response on the cruise liner.

During the previous port call in Puerto Rico, the ship underwent "extensive and thorough sanitising" to help prevent more people from getting sick, the company spokeswoman said.

The ship bypassed a scheduled stop at the company's fenced-in beach destination in northern Haiti to sail directly to Puerto Rico's capital.

"This was a difficult decision to make; however, we feel it is best to make this itinerary modification to help prevent any more guests from becoming ill," Diaz said.

The passengers and crew who fell ill have "responded well to over-the-counter medication being administered onboard the ship," she said.

Fast-spreading norovirus is often to blame for similar symptoms sweeping closed quarters such as those on cruise ships, but a determination will likely have to wait until samples are tested in a lab.

Diaz said special cleaning products and disinfectants that are proven to kill norovirus are being used to clean the ship.

In a statement, Beverly Nicholson-Doty, the US Virgin Islands' tourism commissioner, said the territory was grateful for the CDC's "quick response" and St Thomas was ready to welcome ship passengers cleared to disembark.

On Friday, an Explorer of the Seas passenger named Arnee Dodd tweeted that she had fallen ill aboard the ship and was quarantined with the other sick people.

The Connecticut woman wrote that ship employees "put a lock down on food & are constantly cleaning everything."

It was not clear if any passengers were still being quarantined Sunday.

The ship's next scheduled stop is the Dutch Caribbean country of St Maarten.

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Gay won't pay back insider trading money

Former Gunns chairman John Gay will not be forced to pay back proceeds of his insider trading. Source: AAP

FORMER Gunns chairman John Gay will not be forced to pay back an estimated $800,000 he made from insider trading.

The Australian Federal Police has confirmed the former boss of the collapsed Tasmanian timber giant will not face proceeds of crime action.

"The AFP can confirm it received a proceeds of crime referral in relation to this matter on 28 August 2013," a spokesperson said in statement.

"Following an evaluation of material in relation to this matter, a decision was made not to proceed with any proceeds of crime action."

No further reasons were given for the decision.

Gay, 70, was fined $50,000 after changing his plea to guilty on the day his trial was to begin last year.

He admitted trading around $3 million worth of Gunns shares with inside information not available to the market.

In court hearings, the prosecution estimated his windfall at more than $800,000, a figure challenged by Gay's lawyers.

At the time, the Australian Shareholders' Association slammed the fine as too lenient when Justice David Porter handed it down in the Tasmanian Supreme Court.

Justice Porter said the crime fell into a less serious category because Gay had decided to sell the shares in ill health and before he had the price-sensitive information.

He had faced a maximum penalty of five years' jail or a $220,000 fine.

Gay has applied to be allowed to manage companies again, a move that is being opposed by the Australian Securities and Investments Commission.

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Bryce moved by final Aust Day as GG

Governor-General Quentin Bryce took part in her last Australia Day before relinquishing her role. Source: AAP

WITH the announcement of her replacement pending, Quentin Bryce spoke of how moving it is to unite Australians with shared values as she took part in her last Australia Day as governor-general.

Mrs Bryce relinquishes the role in March after five-and-a-half years as the Queen's representative, with former Defence chief Peter Cosgrove tipped to be named Australia's 26th governor-general this week, possibly as early as Monday.

"There's something very, very special about welcoming new members to our community and uniting all Australians to the values we share," Mrs Bryce said after inspecting troops at a flag-raising and citizenship ceremony in Canberra.

"I've had the honour of attending many citizenship ceremonies and I find each one just as moving as the very first I attended."

Mrs Bryce led an affirmation for current citizens after Prime Minister Tony Abbott welcomed 24 new citizens to the nation's team.

She also helped cut a cake to mark the 65th anniversary of the Nationality and Citizenship Act, which created the status of Australian citizen.

General Cosgrove has long been the frontrunner to succeed Mrs Bryce in the role.

Gen Cosgrove led the Australian contingency in the 1999 East Timor peacekeeping mission, subsequently commanding the army and serving as defence force chief from 2002 to 2005.

He was Australian of the Year in 2001.

Since leaving the military he has worked as a non-executive director of Qantas, a Deloitte Touche Tohmatsu consultant and been the chairman of the South Australian Defence Industry Development Board and peak aged services industry body Leading Age Services Australia.

A Townsville suburb was named after him in 2008 in recognition of his work leading the rebuilding taskforce after Cyclone Larry devastated northern Queensland.

Former prime minister Kevin Rudd appointed Mrs Bryce governor-general in 2007. She was Australia's first female governor-general.

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Luminaries speak and Sydney sky lights up

MARIE Bashir has given her final Australia Day address as governor of NSW in a ceremony marking the end of official Sydney festivities for the national holiday.

Tens of thousands of spectators packed Darling Harbour on Sunday night to watch the day's celebrations peak with a dazzling fireworks display.

Professor Bashir, who is set to retire in September, sailed into Cockle Bay aboard the Admiral's Barge before taking a lap of honour in front of cheering children waving Australian flags.

She told the crowd Australia Day was an opportunity to rejoice and give thanks but also to commit to helping those who were doing it tough.

"We should not slip into complacency, for there is still much to do to address the challenges of those who need our additional support: the marginalised, those who are coping with poverty," Prof Bashir said.

"As we have done in the past, we should meet those challenges with joy and with success."

Indigenous footballer Adam Goodes, who on Saturday was named 2014 Australian of the Year for his leadership in the fight against racism, delivered a video address.

The 34-year-old spoke about the hard work, discipline and sacrifice it took for him to go from country kid to AFL superstar and said he hoped others could follow in his footsteps.

"I was shy growing up. I've learnt over time, and a large part of that learning is about standing up for things I believe in," Goodes said.

"I really hope people are inspired and find the courage to stand up for themselves in the way that I was able to do."

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UK teacher tells of Kruger elephant attack

A BRITISH teacher who suffered a serious leg injury when an elephant tore through her car in South Africa has told how she desperately tried to drive away.

Sarah Brooks, who works at the Sir John Gleed School in Lincolnshire, and her South African fiance Jans de Klerk, were attacked by the elephant as they drove through the Kruger National Park on December 30.

The couple have now returned to England after Brooks spent more than a week recovering from a pelvis fracture and stitches to her right leg after the elephant's tusk pierced it.

The pair have received death threats since footage of the attack - which they say was heavily edited to make it look as if they drove towards the animal - went viral.

The 30-year-old science teacher told the Daily Mail she "completely freaked" as the elephant stormed towards them and in her panic was unable to find reverse in the hire car.

The couple then resorted to stopping, turning off the ignition and looking at the ground, but seconds later the elephant rammed into them.

"The next thing I heard was Jans screaming at me: 'Drive! Drive!'," Brooks said.

"I somehow managed to turn the engine on, Jans found reverse, but just as I got it going, the elephant tipped us up.

"Then he crushed the undercarriage by ramming it with his head, and the key snapped out of the ignition. 'I remember thinking, 'We're never going to be able to drive away now' - and the next thing I knew we were rolling.

"At that moment, your life flashes through your head. I thought, 'We've only been together a year-and-a-half, life's good. Why now? Why the hell now? It just isn't fair.' I didn't know if either of us would live."

She recalled how the bull elephant twice missed her when his tusks ripped through the car before one pierced her leg leaving her streaming with the blood.

De Klerk, who was left unhurt, managed to pull her across to his side of the car, from which the elephant finally walked away only after pushing it up against a tree and smashing the windscreen.

The incident was captured on film by tourists in a car behind, but they drove off after the attack believing the pair to be dead.

The distressed couple, who feared attacks from other animals, waited for help after phoning de Klerk's brother but it was 25 minutes before a helicopter landed.

"They took me to a doctor, where I was patched up before being taken to a hospital to check for internal injuries," Brooks said.

"In the back of the ambulance, I said to Jans: 'I don't want ever to spend another day apart from you.' He said: 'Marry me then?' I said: 'Yes.'"

She told the newspaper that she pleaded with the tourists not to publish the footage, but days later an edited version went viral.

The male elephant, who was believed to be a risk to other tourists, was destroyed after the incident.

The animal had been "on musth", a periodic condition where testosterone levels rise and elephants become more aggressive, and had fought with another elephant earlier that day.

The couple said park rangers told them they were "just unlucky" and had done nothing wrong.

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