1. QTAC. 2014 QUT. Equity Scholarships
Scheme AND Q—Step Program.
Re: Kevin Durnian#7500424
With this supplement the writer wishes to
point out further qualities and life skills that have been
attained as a professional seaman and fisherman,
travelling the world, full time union official, and
employer. These experiences have been whilst
proceeding through the journey of life. In no way is it the
intention of the writer to lecture, nor lose any of the
humility that I have felt from a young boy to a man. I
wanted to see the world, and self educate me. Seeing
the people and countries of the world helped the writer
to understand the complexities and the beauty, to this
day my travels has taught me that every man woman
and child has his or her own personnel majesty.
LIFE SKILLS/EXPERIANCES.
Having worked both in the Arctic and
Antarctica, I would humbly suggest that I have the honor
of being less than 1% of the people who inhabit our
world who has achieved this. In doing so the writer has
learned to love the planet we all live on. This planet of
ours needs balance to survive and we, the people who
inhabit the place should put are best efforts forward to
attain this for the generations to come. Your and my
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2. Grandchildren and their children, for their sake alone let
alone humanity as a whole, clean air and fresh water
are the fundamentals to life.
As a person who has defended the ecology
and the environment for over 40 years, the first being
when the oil companies steamed their ships 100
nautical miles off the coast and dumped their tank slops
of oil and products into the sea off the Queensland
coast. We stopped this practice by militant action,
meaning strike action; this resulted in being called
trouble makers and communists, again. To-day every
ship has a slop tank which is pumped ashore and
further refined creating more profit. This was pointed out
to the oil companies that being a responsible corporate
citizen can and will please their shareholders and fellow
citizens. Lots of people put their jobs on the line to stop
non bio-degradable effluence going into the oceans of
the world. More needs to be done, through education,
involvement of Governments and public pressure
groups including Universities and schools.
My seagoing career from a boy aged 15 years
began in 1959, fishing in the Irish Sea and further a field
to Iceland, Greenland, Bear Island, Spitsbergen and
Faroe Islands. These trips were hard and dangerous
and often, loss of life was a real factor; when pursuing
the commodity of fish. Unfortunately fishing there and
here in Australia attract certain individuals who behave
like tyrants and with no human feelings. Usually these
people were the skipper, mate and sometimes the
bosun. To be fair the pressure on the individual to make
a good trip was incredible, to make a lot of money and a
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3. skipper was only as good as his last trip! The writer
became a reluctant leader at an early age and has
continued that role with honor and principle through out
my life.
Imagine a tough brutal man punches you, the
individual in the mouth the nose the head or the
stomach. Just for looking the wrong way, or not
mending a hole in the net fast enough or putting forward
an opinion. The weather is minus 15 to 20 degrees
Celsius, and you have worked non stop 40 hours
excluding meal breaks of 30 minute the only thing going
for you is that in the cold weather you do not bleed too
much. Individuals stood up to these men, it was robbing
people of their human dignity. To work in the atrocious
conditions was hard enough and it took courage for the
individual to stand up to this uncivilized behavior. The
bullies thought twice about their action when more than
one person objected and stated that their repugnant
response to this abuse was unacceptable. Unfortunately
when the ship arrived back in dock yours truly was
sacked by the ship’s husband and told I was a trouble
maker and a Bolshie bastard!
, Having no understanding of what a Bolshevik
was [majority], and Menshevik [minority], I went to the
local library and looked under communism. Education
has always been an important factor of life for this
simple seaman. An important lesson was brought to my
attention early in life, never wait for the majority to
change anything it always starts with an idea from the
minority. To conclude the leadership role and close this
part of my life skills, one individual skipper comes to
mind the meanest vindictive and brutal individual was
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4. brought to heel. Industry at that time used “ringins” just
like in Australia; however the trawler owners had to
make sure there were enough skilled men to do the job.
Although the industry at that time was not fully
unionized, men decided not to join this particular ship
the “Wyre Conqueror.” The vessel lay alongside the
dock wall for six weeks without a crew, the employer
sacked the skipper, and the ship sailed with a full crew.
The rest of the industry took note of this fact and the
bullying, physical abuse, and oral abuse stopped
dramatically; showing that the old adage of educate,
agitate, organize still works. A lot of the leaders still
continued to get sacked, however being a good net
mender and fast with a knife processing fish made my
employment prospects much easier.
From there shipping out of the port of
Liverpool U/K. took me all around the world. North and
South America, the Caribbean, Africa, Asia, Australasia,
Asia Minor. Again the reluctant leader took a role as a
young man arguing for the rights of much older people.
This took place with masters of ships who were the
judge jury and executioner. The injustices of when one
individual does the wrong thing then all are punished,
guilty by association. Often these positions where dealt
with by the British High Commission in the relevant
ports. Usually a junior consul is delegated to be the
adjudicator. Even then putting up the principle and
leaving out the personalities gained good ground in an
almost impossible position. The National Maritime
Agreement stated “at the master’s discretion” meaning
the agreement between the parties was in actual fact
meaningless.
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5. Throughout those years, when in port or on
leave, the writer travelled by train to inland countries
and behind the then “Iron and Bamboo Curtains” to see
if people really did have two heads? They never had
two heads in the then Soviet Union or China, or any of
the so-called satellite countries. What the writer saw
was people fighting injustice and arguing for their rights
and individual freedoms. Marx and Engels where right in
their economic theory, that before you can have a
society, a culture, religion, music and the other qualities
of life. You have to have adequate food, clothing, and
shelter; it is still a truism to this day. What Darwin
achieved for nature, Marx and Engels achieved for
economic and political theory. Those theories do not
have to be conformed too, however they cannot be
ignored.
In 1968 the writer was interviewed by the
Australian Immigration Official in Manchester U/K.
Though the interview was of a short duration 12-15
minutes, the writer hid nothing in particular a bad
discharge for helping and assisting other seamen.
Authority has a mean streak when dealing with people
who do not know their place, my personal discharge
was to be (Decline to Report), though the stamp in my
Discharge Book was declined by this seaman. The
writer was guilty of helping others. I told the Interviewer
that I had an opinion, he told me good! I would fit in well
in Australia, and I do believe I have.
On the Australian Coast the writer felt like he had come
home, the principle men that I met were educated in all
matters of life love and the pursuit of happiness.
Seamen, where by and large independent, opinionated
free thinkers, and like the horizon before them never
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6. afraid to go into the unknown. This camaraderie
sustained the soul and fired the imagination, to not only
ask why? But why not?
SELF EDUCATION
Throughout the writer’s time at sea 45 years, I
was a self motivated learner, the writer read a lot of
books and from those books was self taught in the
various disciplines studied which were Politics,
Economics, Philosophy, Greek Mythology, Celtic
Mythology, and Religions of the World, History,
Culture/Music, War, and Psychology.
This, including the visit to ports around the
world the writer observed that the most militant and
strong workers where on the waterfront. Even though
they may live under tyranny they never let go of their
idea’s/dreams nor their rights. An Australian ship was
envied and admired by other people in different
countries Australian ships stand proud with their good
conditions, good food, and well paid crew. This reflects
on a nation as a whole, look at the state of repair of a
ship in any port, lack of conditions run down, this usually
dictates the conditions of the people of that country; flag
of convenience ships no difference.
In 1977, the then Government of Australia
made statured law outlawing Secondary Boycotts by the
trade union movement. Sec. 45d and 45e of the Trades
Practices Act mean’s that any group or union member
who supported other workers in disputation was
summoned before the Federal Court of Australia. A
punitive action of $250,000 fine, 5 years jail and or both
and if you do not have that kind of money in the bank
account, then the Court can garnishee the family home.
This legislation is still on the books and is used up to
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7. [and including the law of “Torts], to this day. Matters of
principle have to be met, and challenged this takes
courage and fortitude a lot of seafarers have this quality.
From this matter up to 50 members of the Seamen’s
Union including Officials fought this legislation both in
the courts and the industrial arena. The writer was voted
in by the membership to organize against the biggest
multi-national corporation in the world at that time. The
Company was the Utah Development Corporation, who
then merged with General Electrics at that time it was
the biggest merger in U.S. corporate history $1.4 billion
U.S. dollars, 1977-78. This was the company that
issued the writs against the Seamen.
A classical fight of David and Goliath, the
writer had the responsibility to write pamphlets, stickers,
tee-shirts, phony $3 bills and making sure when
authorizing the literature that a legal writ did not come
our way, pardon the pun “but the left has always got to
be right.” In all that time the union never received
another writ, we stood outside their office in Brisbane
every day for 4 years and78 days before them, the
UDC. CONCEEDED TO USE Australian ships in their
trade to Japan and Korea. Throughout this dispute the
position of the Seamen was not only taken to fellow
workers, what the writer did was speak to women’s
groups, debating societies, Chamber of Commerce,
Jaycees, Lions, Rotarians, public rallies, media, radio
and TV. Including the national papers. Each year we
would celebrate with a birthday cake and invite the
press, this worked, otherwise the press was not
interested in old news. In the end the then media
representative of the Bejelki-Peterson Government
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8. stated that we won the debate and the media campaign
by using vilification techniques and hateful language.
This was not the case; a campaign for the
right to work in an industry that belongs to Australian
seafarers is not abusive language. The argument was
based on an economic and political rights and
highlighting the rapacious grab and greed of the Trans
National Corporations of Australia’s natural assets.
When an Australian ship leaves our shores with a cargo
to another country the price of C and F. (CARRIAGE
AND FRIEGHT) or the FOB. (FRIEGHT ON BOARD),
returns to Australia. The wages are spent in Australia
and the farmers and ancillary crafts profit and pay
wages in Australia. To compete does not mean 80
cents a day is relevant in our society, as it is in other
countries. Politicians, CEO’s. Doctors, lawyers, nurses,
teachers, academics, industrial workers are all paid by
wage boards and tribunals or Governments; seafarers
should be treated no differently.
SOCIAL RESPONSIBILITIES:
In 1978-79 the then Cabinet of the
Queensland State Government made it unlawful to have
a dispute by way of street marches. This was a way of
silencing the people who had a genuine objection to the
then Government’s obsessive behavior. The legislation
was changed by the Traffic Act (Qld). These unjust laws
had to be protested about both verbally and physically
in the way of street march and demonstrations. Many
people from all walks of life abhorred the excesses of
the Queensland Government and marched and where
arrested. A lot of people went to jail the writer included,
Boggo Road was not a very nice place, however I felt
that the law was unjust, and should be appealed. In time
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9. this was done because public opinion did not like the
division in society, and the Government of the day was
becoming arrogant and corrupt in its everyday business;
something the present Government should look at (a
simple seamen’s opinion).
The leadership role reluctantly was taken up
again. Throughout my life’s journey every leader that I
read about in the old world and the modern world the
reluctant leader was usually the best one; no hidden
agenda. The writer has tried to emulate this principled
position throughout the journey of life.
I became a fulltime official of the Seaman’s
Union of Australia, three elections unopposed, and left
because of ill-health. Through that time I was able to put
up a case in either the state or Commonwealth C&A. a
prolific speaker, and ability to research and put a case
before either Tribunal also including the ability to
effectively use the negotiable process.
In 1986 the writer was one of 12 individuals
who were presented with a Peace Medal (United
Nations Year of Peace), by the Government of the day
and the Prime Minister. At that time Australia had a
population of about 12 million people, my children told
me “Daddy you are one in a million” that mean’s more to
me than all the pomp and celebratory comments. I
believe and continue to believe without Social Justice in
the world there will be no Peace.
FORMAL EDUCATION:
After leaving office in 1988, the writer started
to seek the formal side to education, spending six
months at the Australian Maritime College and receiving
marks in the vicinity of 98% for every subject. This
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10. included areas that the writer had no previous
knowledge in, e.g. diesel engineering.
September 1991, injury took me away from
the job that was a way of life. Loss can be devastating
when you are not ready or prepared for it to happen.
Instead of just sitting around and wondering what next
the writer volunteered in the Grief and Loss area
completing over 180 hours of one to one counseling in
the Bereavement Theory and Therapy. The writer did
this for three and a half years, going into homes
meetings discussion groups and listening to other
people’s loss and grief. A further four years was spent
on VHF. Radios volunteering with the Coast Guard and
VKQ447 radio station Aged care facilities. So, in the
time of no paid employment the writer did over ten and
a half years of volunteer labour.
I could not get a paid job after severe injuries,
so I bought a commercial trawler worked the vessel and
employed people in the 1990s and up to 2002. Fisher’s
at that time (fishermen and women), had no recourse to
State Workers Compensation the writer spoke to people
in the area who could help, this was kept very quiet as
an employer, it would cost more to employ people, they
would have tarred and feathered me some of the
employers that is. However this was wrong that they the
Fisher’s were excluded from Legislation that applied to
every other worker, the writer had no objection to the
payment coming out of the employer’s side of the
ledger.
Throughout this time the writer gained further
maritime tickets, spent 6 weeks ashore with Pacific
Marine Consultants studying ashore achieved a skipper
grade 3 unrestricted and engine driver 120hp. This was
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11. achieved by sitting for exams and going before the
examiner of masters and mates and completing an oral
exam. (One of my daughters has a master class 1
foreign going unrestricted makes my ticket look like a
bus ticket). With further competency gained the writer
can drive up to 26 meters length of vessel. Though this
does not reflect a Merchant Navy master class 5,
stability knowledge and weather are more vital to the
Fisher as this maneuver is done at sea and not
alongside a safe jetty or wharf; the way vessels
travelling from A to B carry out cargo operations.
Again the reluctant leader was called to the
fore, this time in an employer’s organization as a Vice-
President on the executive. This position was achieved
by ballot again became the Senior Vice-President, and
the opportunity to become a paid position of the
Commercial Fisher’s Association. My background did
not worry my fellow employers, they knew that I would
do something; and I did for the well being of all.
The writer retired unfit for work in November
2002, and went on and continued to be paid a disability
pension. A number of medical professionals told me if I
continued to work a wheel chair would be the next boat I
drove. Years ago the writer had replaced knees a hip,
and a lower back like a letter Z; plus already having a
Potts fracture of the right ankle. This took a lot of years
to overcome the pain and restrictions, volunteer work at
VKQ.447 was continued through this time.
CERTIFICATE IV IN ADULT PREPERATION FULL
TIME-
In July 2008 the writer contacted Education
Queensland Metropolitan East, and the careers officer
at the local High School about mature students and how
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12. to attain a formal education. All three individuals
informed me not to study Adult Senior and pick a
diploma as a way to University, when asked why the
answer I received was you would be bored and you
could have other problems. When pressed none would
divulge their position any further. Their position was
respected, however having applied for a justice study
fulltime the course at Alex. Hills were cancelled. So, the
writer enrolled in Cert. IV Adult Tertiary Preparation,
fulltime fast track, 12 months five subjects. From the
inset enrolled in Language and Learning, Psychology,
and Computers for Academic Purposes. The fast track
was closed down in December 2008 reason given that
the amount of dropouts and stress on teachers and
students. One incredible teacher suggested that if I
want to keep up with the curriculum for computers I
should come back the following year, this I have done
and followed her advice and the results are I am
receiving credits. Another excellent teacher never once
felt that my rugged self taught intellect as a threat they
treated and continued to treat me with respect as a
mature student as I respect them. However, this has not
been the scenario for the full 18 months of being and
studying at TAFE. At Alex. Hills and Yeronga campus.
The writer has a University Degree from the
University of Adversity the “The University of Life or
Hard Knocks” and does not profess to know everything,
what I do have is a certain amount of wisdom, and an
ability to learn about things that I do not have any
knowledge on the subject. This had led to being told that
Universities are not interested in the person only
research and references, and staff at TAFE. Have
stated that prior knowledge is not taken into
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13. consideration when studying at University. I understand
the difference between first person and using research
and a sound bibliography or references. Mature
students from their background usually had individual
drive that was the position put to the audience at QUT.
on Wednesday the 9th
September 2009 for the Equity
Scholarships’ Scheme or the Q- Step Program, in fact,
that is what my notes read while attending that day. In a
subject I study University Study Skills, this too makes
reference to mature age learning, and prior knowledge
as important; and mutual respect is the first prerequisite
to learning. I have stood at the bar table and spoke to a
Justice of the Federal Court of Australia on a number of
occasions and faced million dollar writs as an individual
under the law of “TORTS” Section 45d&45e of the Trade
Practices Act. Also the punitive action could mean the
chance of being sent to jail and losing our home which
my wife at that time and four children lived in. His Honor
told me that he would like to hear me but he could only
listen to a leanered friend and gave me three hours to
find a Barrister. The charges were that I was helping
foreign seafarers who were being abused robbed of
their rightful wages defecating in tins because the toilets
did not work and generally looking after their interests.
The P&I Club of the ship-owners argued that the ship
could not sail and therefore damages were sort. Armed
with an interpreter a delightful man who was then the
President of the Australia China Friendship Society all
the grievous claims where settled and back wages paid,
the damages claim against the writer where withdrawn.
QUEENSLAND LAW SOCIETY:
In February this year 2009 the writer
submitted without consultation with anyone for Early
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14. Consideration of Suitability—Sec. 32 of the Legal
Profession Act 2007 (Qld.). The reason being I wanted
to know if my conviction would stop the writer from
becoming a Legal Practitioner in the State of
Queensland. My studies are and have been L. and L.,
Psychology, Aus/soc., Cap 1 and 2, Law Studies, and
University Study Skills six subjects in all. As you can
see the result was affirmative to my inclusion. A copy of
this submission is included because it was and is a
Statuary Declaration that was accepted by the Law
Society of Queensland, and should in all things being
equal accepted by Q.T.A.C. and QUT.
IN CONCLUSION:
From the age of 19 years old I have wanted to
study law and attend University. Some of my dear
friends ask “Do you think that you have left it too late?”
my answer is always the same it is too late only when
they are nailing the lid on the coffin. The writer is in the
third act of life with plenty of scene’s left and has no
intention of sitting around waiting to die. I want a formal
education studying Law, followed by a Masters and a
PhD. Why not?
The writer has helped a wife study a degree at
university, four children from senior to Uni. and beyond,
and two step children from senior to Uni. and beyond;
now it is my turn I do believe!
Best Wishes Sincerely
Kevin Durnian.
Caoimhin Finnbar O`Duirnin
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