Legal First as Queensland Land Court travels to Gimuy (Cairns) to hear First Nations Cultural evidence given On-Country in historic case against Clive Palmer’s Waratah Coal

In a legal first, Traditional Owner Traditional Owner Jiritju Fourmile will give evidence to the Land Court of Queensland of Queensland on his Country tomorrow, 31 May 2022. Evidence will be given in accordance with First Nations protocols about speaking for Country, elders’ authority and revealing traditional knowledge. He will describe the impacts of climate change on his Gimuy Country. 

The Queensland Land Court will travel to Gimuy (Cairns) for the sixth week of Youth Verdict’s challenge to Palmer’s proposed Coal Project. Jiritju, a Gimuy Walubara man from the Yidinji Nation, will deliver cultural evidence about climate change impacts on his Country in combination with site visits where he will explain how climate change is already having impacts. 

Last week, the court travelled to Erub and Poruma on Zenadth Kes (the Torres Strait) and heard evidence from members of the community about how sea level rises due to climate change are impacting their culture and Country.

Represented by the Environmental Defenders Office, Youth Verdict is arguing that coal from Waratah’s proposed Galilee Coal Project will impair the human rights of First Nations Peoples, especially their cultural rights, by contributing to dangerous climate change. 

Youth Verdict’s First Nations-led argument is the first time in Australia a coal mine has been challenged on Aboriginal and Torres Strait Islander cultural and human rights grounds. 

Youth Verdict and Bimblebox Alliance’s closing arguments are set to be heard 15th until 18th June. However due to illness, the applicant’s closing arguments will not be heard until the 20th and 21st of July. 

Murrawah Johnson, Co-Director and First Nations Campaign lead said:

“Youth Verdict is a small team led by our First Nations’ members fighting for climate justice grounded in respect for First Nations rights.

“First Nations peoples and our cultural rights must be prioritised in discussions around climate change solutions. The most important aspect of this case is making sure First Nations voices are front and centre in the conversation about the impacts of coal-fuelled climate change upon Country and culture.

“We know how to take care of Country. Our knowledge has been passed down for thousands of generations. It’s about time our voices are heard in decision making processes that allow others to harm our Country and our young people’s future.”

Serena Thompson, Gimuy (Cairns)-based Youth Verdict member said:

“I am a Waribarra Mamu woman from far north Queensland and my Country is around Millaa Millaa, up in the tableland region. I joined Youth Verdict because I refuse to sit idly by while the human rights of all First Nations people are being encroached upon.” 

“The changes that we are seeing to Country and Waters because of climate change are devastating and quickly becoming irreversible. For First Nations people, our ability to connect and physically be on Country is becoming more and more uncertain as climate change worsens. The only certainty in our future is that we must suffer the worst of the impacts before politicians will start to pay attention.

“First Nations people have been looking after Country for tens of thousands of years; in the last 234 years, colonisation has undone so much of that work. 

“Climate change fuelled by coal and gas mining is the violent legacy of colonisation. And while its impacts will reach far beyond just our First Nation communities, we will undoubtedly suffer the first and most extreme repercussions.

“We, as a whole Australian society, need to embody the ideology that has existed amongst blackfullas for thousands of generations: ‘when Country suffers, we suffer’.”

EDO Managing Lawyer Sean Ryan said:

“It’s of the utmost importance that those whose human rights are already being impacted by the effects of climate change, have a say over proposed fossil fuel projects which will make that climate change even worse. 

“This hearing puts the lived experience and knowledge of First Nations witnesses at the heart of our client’s arguments against this mine. We argue that this project will further impact Aboriginal and Torres Strait Islander peoples’ ability to practice their culture and is therefore a limitation of their human rights under Queensland law. 

“From a legal perspective, this case is groundbreaking. Never before has the Land Court of Queensland, taken evidence on-Country from First Nations cultural witnesses in a mining objection hearing. We are looking forward to representing our clients and presenting these compelling stories to the court.” 

CISCO JOINS LIFELINE AUSTRALIA TO ‘PUSH’ FOR BETTER MENTAL HEALTH IN THE TECHNOLOGY SECTOR 

Cisco, one of the Australia’s leading IT and networking companies, has joined Lifeline in pushing for better Mental Health in the workplace. For the second year running, Cisco will take part in The Push-Up Challenge as it aspires to top the community fundraising chart.

Every year, about 1 in 5 Australians will experience a mental health condition of some form. The importance of workplace mental health is rapidly increasing in the post-pandemic environment and particularly within the IT workers due to the higher rates of depressionexperienced in the industry.

As ways of working have shifted with the pandemic and with demand for telecommunication resources ever growing, the sector has been confronted with the challenges of supporting their staff to be mentally healthy.

Following success of last year’s The Push Up Challenge, Cisco is now calling on the broader IT industry to join them and provide tech workers with an ‘antidote’ to feelings of ‘isolation’, all while enabling them to prioritise their physical and mental health.

The Push Up Challenge participants will take on 3,139 push ups across 24 days in June, putting a spotlight on the tragic number of lives lost to suicide in Australia in 2020.

Head of Small Businesses at Cisco, Karen Schuman, said The Push Up Challenge creates a safe and relaxed space to talk about mental health at work. By completing the challenge as a team, Karen and her colleagues are able to provide personal support to each other and foster better understanding of mental health.

“When working in a high-pressure industry, it is crucial to have conversations about mental health and suicide, and we need to see more workplaces making it a priority,” said Ms Schuman.

“May 2021, when I was first introduced to The Push Up Challenge, marked the 25th anniversary of my father’s death by suicide. The Challenge resonated with me instantly, both professionally, as a Cisco leader, and personally. For years after my father’s death, I couldn’t say the word ‘suicide’ without shame or hurt, so I knew it was the time to be vulnerable and have open conversations within the team.”

Ms Shuman believes that rallying a workplace to complete the Challenge can have a positive impact on teams’ mental and physical health. It also provides much needed financial support to Lifeline Australia, which is working to make sure no one is facing their darkest moments alone.

Colin Seery, CEO of Lifeline Australia said, “Just like Lifeline’s services, The Push Up Challenge is for everybody. The terrific thing about the Challenge is how it connects people through exercise, while empowering them with ways they can make a positive difference in other people’s lives.”

“More people than ever before are reaching out to Lifeline for help, and the money raised will support our services to be there for anyone, anytime, whatever the reason. We are delighted to have the Cisco team fundraising to back our crisis support services.” 

“When organisations take the lead like this, it helps encourage Australians to talk about their mental health, learn how to best support each other and recognise when they might need to put their own hand up for help.”

In 2021, over 174,000 participants completed 240 million push ups and raised $9 million for mental health programs and services.

Participants of all ages and abilities push-up while learning about mental health, with the number of daily push-ups changing to reflect a vital mental health fact.

Alternatively, participants can set their own push-up goal, which can also be done as sit-ups, squats or tailored exercises, with progress tracked through a dedicated app. 

You can register for The Push-Up Challenge as an individual, a team, or get your whole workplace, club, gym or school involved at www.thepushupchallenge.com.au/lifeline.

HSU launches legal crackdown on aged care outsourcing 

The Health Services Union today commences a precedent-setting legal push to prevent aged care operators slashing pay by engaging catering staff under the hospitality award through labour hire operators.

The Union will take Catering Industries to the Federal Court, insisting it should pay its employees under the aged care award rather than the hospitality award when the employee works in an aged care facility. Weekend penalty rates are 25 per cent higher under the aged care award.

Base rates are also lower under the hospitality award. Currently a full time cook who has worked in aged care for 13 years Tuesday to Saturday is just shy of $4,200 ($4195) a year worse off in wages. A full time supervisor who has oversight of an aged care kitchen working the same shifts (Tue-Sat) is $3,175 a year worse off in wages. This is before either of them have done any overtime or worked a public holiday. The drop in wages is even more profound for casual employees.

HSU anticipates the gap will widen if its separate case for a 25 per cent increase in aged care wages succeeds in the Fair Work Commission.

HSU National President Gerard Hayes said the best interests of residents were better served through keeping catering in-house.

“We saw through the Royal Commission just how important food is, with residents in some facilities being served jelly and frankfurts. It’s simply astounding that Catering Industries is trying to bolster its legal position by arguing that it bans its staff from communicating with residents. How on earth can they be attentive to the needs of residents if they are banned from communicating with them?

“Aged care’s race to the bottom must end. The endless splintering of the workforce undermines the bargaining position of all aged care staff and keeps wages rock bottom.

“Aged care residents requires holistic care and to deliver that you need a holistic workforce. You can’t carve out catering or cleaning from care and health. The same employer should be responsible for the vast bulk of the aged care effort.

“Some catering companies might argue they have seasonal or event based work. But the nutrition needs of our elderly do not stop and start. They requires constant attention.”

The HSU case arises from members at a Port Botany aged care site insisting on their right to bargain under the Aged Care Award, which Catering Industries refused to accomodate.

Two teenagers charged following alleged armed robbery near Singleton 

Two teenagers have been charged after an alleged armed robbery near Singleton yesterday.

About 1.30am (Thursday 26 May 2022), a 25-year-old man was working inside a service station on Bridgman Road, Dunolly, near Singleton, when a woman entered the store.

Police will allege in court as she was exiting, a man – armed with a knife – entered the store and threatened the attendant, before demanding cash and e-cigarettes.

The pair fled on foot together towards the New England Highway.

Officers from Hunter Valley Police District established a crime scene and commenced an investigation.

Following inquiries, detectives executed a search warrant at a home on Wakehurst Crescent, Singleton Heights, shortly before 3pm (Thursday 26 May 2022).

A 14-year-old girl was arrested inside the home while a 16-year-old boy was located and arrested from inside a roof cavity.

Both were taken to Singleton Police Station, where the teenage boy was charged with robbery armed with an offensive weapon, and two counts of goods in custody. He was refused bail to appear at a children’s court today (Friday 27 May 2022).

The teenage girl was charged with robbery armed with offensive weapon principal 2nd degree serious indictable offence, and dishonestly obtain property by deception. She was granted conditional bail to appear at a children’s court on Thursday 30 June 2022.

The Greens Renew Call for National Compensation Scheme for Stolen Generation Survivors

The Bringing them Home Report was released 25 years ago today. The Greens are renewing calls for a national compensation scheme: a $200 000 payment plus additional $7000 for funeral expenses to compensate for the harm inflicted by successive Australian Governments.

“They stole our children to break our people. No Government has ever brought peace to survivors of the stolen generation.” Said The Greens spokesperson for Justice and First Nations: Gunnai, Gunditjmara and DjabWurrung Senator Lidia Thorpe.

“Our pain continues and we can see that today. My mum was a co-commissioner on the Inquiry in the 90s. Just this week, she was giving testimony at the coronial inquest of a Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who died in police custody. We need to break the cycle and stop the trauma.”

“It’s been 25 years since the Bringing Them Home report recommended that a National Compensation Fund be established to adequately compensate survivors. This is far too important to be patchy and inconsistent across state lines.”

“How many of our people have died since the Report was released? How much longer do our people have to wait for the Report’s recommendations to be implemented?”

“Sorry means you don’t do it again. Today, there’s more First Nations kids in out of home care now than when Kevin Rudd apologised to the Stolen Generations. We call on the Albanese Government to compensate survivors and stop a new Stolen Generation.” 

“It’s time for truth, Treaty and Blak justice.” Said Thorpe.

Getting out of coal and gas key to Pacific relationship

The best thing the new Labor government could do to repair the relationship with Pacific is commit to no new coal and gas, Greens Leader Adam Bandt said today.

Pacific leaders have been making clear for years that the good relationship with Australia is dependent on climate action, with a focus on no new coal and gas.

Former President of Kiribati, Anote Tong, has said this week that ““My hope is that we will see stronger and more urgent climate action from the incoming government, including a more ambitious emissions reduction target, ramped-up support for climate-vulnerable communities in the Pacific and, most importantly, a commitment to no new coal and gas projects in Australia.”

Tuvalu’s former Prime Minister Enele Sopoaga said “This would include radical new Australian targets for emissions reduction under the Paris Agreement, no new coal or gas, and an ongoing commitment to supporting Pacific Island nations as we face the brunt of climate impacts.”

Adam Bandt MP said:

“Keeping coal and gas in the ground is the key to our relationship with the Pacific and is the best way to deal with concerns about security in the region.

“Pacific leaders want real climate action. By committing to no new coal and gas we can not only protect the Pacific, but also reestablish the relationship with the Pacific.

“Sea level rise and other climate impacts are an existential threat to the Pacific. As former President Tong has said, the Pacific Islands’ “survival is on the line”.

“Climate is the number one national security threat to the Pacific, so concerns about China will fall on deaf ears if we continue to threaten the Pacific with our coal and gas.”

Review of the Liberal Party’s 2022 federal election campaign

The review of the Liberal Party’s 2022 federal election campaign has been established and is now seeking submissions.

The review will be conducted by Mr Brian Loughnane AO and Senator the Hon Jane Hume.

The terms of reference for the review are:

“To conduct a review of the Liberal Party’s 2022 federal election result, including the campaign and the period leading up to it, and to make recommendations arising from the review.

The review will include examination of the performance of – and lessons arising for – the Federal Secretariat/CCHQ, the Divisions of the Liberal Party (including the Country Liberal Party’s campaign in Solomon), and the parliamentary team.

The review will also examine, among other things:

  • The long-term challenge for the Party presented by independents running in, and winning, seats from the Liberal Party.
  • The Liberal Party’s electoral performance among different voter segments.
  • The selection of candidates by the Liberal Party.”

All submissions will be treated as strictly confidential. They should be sent to the review by Wednesday 30 June 2022.

Submissions should be sent to review@liberal.org.au and include the submitter’s name, state, electorate and role in the campaign, with the submission and any supporting files as an attachment to the email.

Every Division is asked to take every reasonable step to inform Party members of these arrangements as quickly as possible. Submissions are invited from individual Party members, FECs, campaign committees, candidates, MPs, Senators, campaign staff and the Division itself.

Mr Loughnane and Senator Hume said:

“In undertaking this important review, we will consult widely across all parts of the Party. We welcome input from all Party members and encourage submissions from all involved in the campaign.”

Experts respond to energy regulator power price increase 

The Australian Energy Regulator (AER) has released its Default Market offer (DMO). See expert responses below: 

Andrew Stock, Climate Councillor, energy expert, former Origin Executive and past Director of the Clean Energy Finance Corporation said: 

“The significant increases in electricity prices for consumers approved by the Australian Energy Regulator (AER) today demonstrate that Australia must get off fossil fuels – and fast. Big increases in fossil fuel costs for gas and coal are the main reason behind the big increases.” 

NSW and Queensland are seeing the biggest percent increases because they still rely heavily on expensive gas and coal, and their old coal power stations increasingly fail. South Australia, which has much more renewable electricity, sees far lower increases, and expensive gas is the main reason for the increase there too.”

“These results show once again that Australia must implement plans to get off expensive, polluting and unreliable fossil fuels fast. The previous Federal Government stalled the transition to renewables wherever possible, causing investment in large scale new renewable capacity to collapse, backed fossil fuel expansion, and put off coal closure. It demonstrates starkly just how much of an expensive energy failure the policies of the former Morrison Government have been. Now electricity consumers will be forced to pick up the tab.”

“The climate and energy wars have cost Australian consumers dearly. Their impacts will be felt for years to come because most of the nation has wasted a decade in the energy transition to renewables. Now we need the new Australian federal government to get on with it and show strong climate leadership.” 

Nicki Hutley, Climate Councillor, leading economist and former Partner at Deloitte Access Economics said: 

“This demonstrates the cost of remaining heavily reliant on fossil fuels for energy. Soaring energy bills for many households will exacerbate already significant inflationary pressures. Much of the price pressure comes from global factors, notably the Russian invasion of Ukraine. But this underscores our need to reduce our reliance on global factors, which European nations in particular are already planning as fast as possible.” 

“As one of the sunniest and windiest countries on earth, we have the tools we need. Governments can step up by attracting capital and by investing in more labour skills to support the transition.”

“South Australia is showing the rest of the nation how investing in renewables delivers greater returns to households and businesses in the form of cheaper, cleaner energy. And in addition to the economic dividends from renewables, we will have far better health outcomes as we wean ourselves off coal- and gas-fired power.”

Dr Madeline Taylor, Climate Councillor, energy expert and Senior Lecturer at Macquarie University, School of Law said: 

“The latest findings from the AER show that Australia’s reliance on volatile fossil fuels will have a significant impact on mounting cost of living pressure. This proves the two most important issues of the election – climate change and cost of living are deeply intertwined. 

“We knew this was coming and it’s clear evidence of what we’ve been expecting here for a long time as a result of the inherent volatility of the oil and gas market. This coupled with geopolitical tensions has resulted in increased prices for all states across the National Electricity Market.” 

“Consumers and manufacturers are now feeling the pinch from soaring fossil fuel prices. We need to double down on speed and support for renewable energy and storage to help protect ourselves, lower emissions, create new industries and become more self-sufficient.” 

CDU students involved in rare Pluto observation in Katherine 

Charles Darwin University (CDU) students are joining a team of NASA-funded scientists and astronomers to observe Pluto pass in front of a distant star in Katherine on June 1.

The event, known as a stellar occultation, happens when Pluto passes in front of a distant star and casts its shadow on the Earth, much like a solar eclipse.

The Earth, Pluto and the distant star would be perfectly aligned, and the centre of Pluto’s shadow will be located north of Katherine.

CDU students are joining teams of observers from the United States that are bringing 12 portable telescopes set up between Darwin and south of Katherine to watch Pluto pass in front of the distant star. 

This is the first time that NASA telescopes will be set up in Australia, making it a valuable opportunity for the students and community to get involved.

CDU STEM Pathways lecturer, Dr Carla Eisemberg, said this is a once-in-a-lifetime astronomical observation that is also exciting for the community.

“It is fantastic that NASA is engaging with our CDU students and the community. Their research is fascinating and will help to inspire Territorians interested in careers in technology and science,” Dr Eisemberg said.

Observing such a precisely timed event takes practice, so plenty of practice time is planned to acquaint the students with the telescopes and equipment so they can be full participants in this astronomical observation.

The observation will tell astronomers information about the structure and state of Pluto’s atmosphere, seven years after NASA’s New Horizons spacecraft visited Pluto in July 2015.

The path that Pluto follows around the Sun is tilted compared to the rest of the solar system, and the path is shaped more like an ellipse than a circle, making Pluto a dynamic world.

Pluto’s atmosphere and surface both change during the planet’s 248-year-long trip around the Sun, and the new observation will help scientists identify the latest changes.

The NASA-funded scientist team is planning some outreach programs in which they will present an overview of the observation campaign and an update on NASA’s New Horizons mission since its Pluto flyby.

A community workshop and seminar will be held at CDU’s Katherine rural campus from 6.30 to 10.30pm on May 29, where the community is welcome to come to meet the astronomers as they practise with the telescopes, with an opportunity to look at the stars and planets through the NASA telescopes.

Colin Barnett is right: Labor cannot achieve climate action while approving Scarborough, Beetaloo

Adam Bandt has today called on Labor to listen to climate voters and refuse to open up catastrophic climate destroying gas projects of Scarborough in WA and the Beetaloo in the NT.

Former WA Premier, Colin Barnett, today is reported in the Australian Financial Review as saying:

“But climate change is what people talked about and Labor talked about [at the election] so it will be difficult to achieve a tougher target for 2030 when you’ve got a big project like Scarborough.

“The project needs to happen, but it’s going to be a dilemma for Albanese because a lot of people would say he’d be breaking his word – the emissions out of Scarborough dwarf everything else.”

Woodside’s Scarborough gas project will release 1.4b tonnes of pollution while pollution from the Beetaloo will increase Australia’s already high emissions by as much as 13%.

Yesterday, Kiribati’s former president Anote Tong and ​​Tuvalu’s former prime minister Enele Sopoaga called for a commitment to no new coal and gas projects in Australia rather than “greenwashing” and political stunts.

Adam Bandt MP said:

“Colin Barnett is right that if Labor proceeds with climate bombs like the Scarborough gas project, the increased emissions will ‘dwarf everything else’ and Labor won’t meet even its own weak climate targets. 

“Labor proceeding with climate-destroying gas projects like Scarborough and Beetaloo would indeed be breaking a promise with people who voted for more climate action.”

“The first rule of dealing with an emergency is to stop making the problem worse but Labor is vowing to open up new methane projects like Scarborough and Beetaloo, adding fuel to the fire and putting a safe climate further out of reach. 

“These projects can still be stopped. The incoming government has the power to hit the pause button, and that’s what the scientists are telling us we need to do because we’re in a climate emergency.

“For Whitehaven to suggest their economic contribution will assist budget recovery is shameless deception. Coal and gas corporations are amongst the most egregious tax avoiders in the country, so stopping new projects will have a very manageable impact on the Federal budget. 

“‘Budget repair’ can be achieved by other means; climate repair cannot.”