THE Northern Australia Committee has tabled the final report of its Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. 

The report follows on from the work of the committee’s interim report Never Again tabled on the December 9, 2020. Despite the impact of Covid-19 the committee has produced a complete examination of the issues brought to light throughout the inquiry.

The final report titled, A Way Forward, emphasises that what happened at Juukan Gorge is not unique. It is an extreme example of the destruction of Aboriginal and Torres Strait Islander cultural heritage which continues to happen in this country.

Importantly, the report highlights the need for legislative change at Commonwealth, State and Territory levels to ensure the protection of Aboriginal and Torres Strait Islander heritage.

Upon tabling the final report today, committee chair Warren Entsch said, "The destruction of the caves was a disaster beyond reckoning for the Puutu Kunti Kurrama People and Pinikura people, and Aboriginal and Torres Strait Islander cultural heritage as a whole.

"This disaster was a wakeup call that there are serious deficiencies in the protection of Aboriginal and Torres Strait Islander cultural heritage. What is needed now is a way forward, for both Aboriginal and Torres Strait Islander people and industry."

During the inquiry, the committee heard a great number of Aboriginal and Torres Strait Islander cultural heritage protection issues. Each incident of heritage destruction or threat that was discussed compounded the clear need for change.

Mr Entsch discussed that, from the significant volume of evidence received by the committee, it was clear that extensive changes were required to ensure the protection of Aboriginal and Torres Strait Islander peoples cultural heritage.

"Aboriginal and Torres Strait Islander people have been let down by the Commonwealth, State and Territory governments as well as industry," Mr Entsch said.

"In making these recommendations today, the committee and I want to bring about meaningful change. Failures to protect Aboriginal and Torres Strait Islander heritage must stop here."

The report makes eight recommendations focusing on legislative change that will enhance Aboriginal and Torres Strait Islander people’s cultural heritage protections.

Among other things, the committee found:

• There is a need for an overarching Commonwealth legislative framework which should be developed through a process of co-design with Aboriginal and Torres Strait Islander peoples.
• Administration responsibility of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Environmental Protection and Biodiversity Conservation Act 1999 should be transferred to the Minister for Indigenous Australians.
• There should be an Australian Government review of the Native Title Act 1993.
• The Australian Government should endorse and commit to implementing Dhawura Ngilan: A Vision for Aboriginal and Torres Strait Islander Heritage in Australia.
• There is a need for the development of a model for cultural heritage truth telling.
• There is a need to establish an independent fund to administer funding of prescribed body corporates under the Native Title Act 1993.

"I am very proud of the hard work of the committee that went into the development of this report. I am very pleased with the recommendations that have been made to tackle the problem of inadequate cultural heritage protection for Aboriginal and Torres Strait Islander peoples," Mr Entsch said.

"In tabling this report it is the committee's desire that we will Never Again see an event such as Juukan Gorge and that as a country we now have A Way Forward to protect the world’s oldest living culture."

A copy of the report can be obtained from the Committee’s website or from the secretariat on (02) 6277 4162.

Further details of the inquiry, including terms of reference, can be found on the Committee’s website.

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has recommended the government consider listing Hamas in its entirety as a terrorist organisation.

The PJCIS today tabled its report on the Review of the relisting of five organisations as terrorist organisations under the Criminal Code. This review considered the relisting of al-Shabaab, Lashkar-e-Tayyiba, Palestinian Islamic Jihad, Hamas’ Izz al-Din al-Qassam Brigades and the Kurdistan Workers’ Party (PKK).

While the committee supported the relisting of all these organisations under the Criminal Code it has gone a step further, recommending the government expand the listing of Hamas’ Izz al-Din al-Qassam Brigades to include the whole organisation of Hamas.

The committee made a similar recommendation in June 2021 in its Report on the review of the relisting of Hizballah’s External Security Organisation as a terrorist organisation under the Criminal Code that the listing of Hizballah’s External Security Organisation be expanded to the whole organisation of Hizballah.

PJCIS Committee Chair Senator James Paterson, said it was clear from evidence received during this review that the whole organisation of Hamas met the definition of a terrorist organisation under the Criminal Code.

"Currently, the US, Canada and the EU list the whole organisation of Hamas as a terrorist organisation under their respective proscription regimes," Senator Patterson said.

"The expert evidence provided to the committee overwhelmingly rejected the idea that Hamas’ Izz al-Din al-Qassam Brigades operates independently from the rest of the organisation.

"There was agreement that Hamas operates as a singular entity with overlapping personnel, finances and structure. In addition, leaders of Hamas have repeatedly made statements which meet the advocacy test for terrorist listing, including direct incitement of acts of violence against Jewish people," Senator Paterson said.

Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website.

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THE NSW Government deserves applause for its ongoing practical support measures, including this week’s announcement of a $66 Million Alfresco Restart Package and extension of the Dine and Discover voucher scheme, according to the Accommodation Association.

According to Accommodation Association CEO Richard Munro, tangible measures which encourage people to get out and enjoy themselves and which recognise that the sector needs to operate differently to offset the ongoing COVID-constrained capacity are very welcome. 

“It’s fantastic to see the NSW Government thinking outside the square about what else can be done to support our sector," Mr Munro said. "The NSW Government’s $66 Million Alfresco Restart Package is a common-sense measure which will provide additional capacity outdoors allowing our members to accommodate more patrons, more safely.
 
“With venue capacity limits continuing until after lockdown ends, the opportunity to transform outdoor space into alfresco dining areas while capacity limits on venues continue is both practical and sensible for our members and customers.

"We’re moving into a very important peak period for our members and anything government can do to help our hotels, motels and accommodation providers boost capacity, get people through the doors and recapture some of that missing cashflow is very much appreciated.

“The Accommodation Association continues to work closely with the NSW Government to identify, recommend and support those practical steps which will bring our sector back to life as quickly and as safely as possible.”

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has recommended the Australian Federal Police be allowed to retain a range of counter-terrorism powers to protect Australians.

The PJCIS has today tabled its review into counter-terrorism powers held by the AFP, recommending that the following powers be extended to December 7, 2025:

• stop, search and seizure powers under subsections 3UK(1), (2) and (3) of the Crimes Act 1914
• control order regime under division 104 of the Criminal Code Act 1995
• preventative detention order regime in division 105 of the Criminal Code Act 1995.

The committee made 19 recommendations to improve clarity, oversight and interoperability of counter-terrorism laws, as well as amendments to the Intelligence Services Act 2001 to allow the committee to undertake further reviews of the powers prior to their extended sunset period.

The Intelligence and Security Committee Chair, Senator James Paterson said the extension of these counter-terrorism powers would help protect Australians from the evolving threat of terrorism.

"The committee has assessed the use and effectiveness of these powers and has found they will continue to provide law enforcement the tools they need to counter the threat of terrorism. Eighteen potential or imminent terrorist attacks have been disrupted by law enforcement and security agencies since 2014 thanks to powers just like these," Senator Paterson said.

Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website.

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