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A Way Forward after Juukan Gorge

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:

"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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Accommodation Association applauds NSW Government’s practical support measures

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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PJCIS recommends expanding terrorist listing of Hamas

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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AFP should retain counter-terrorism powers to keep Australians safe says committee

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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Qld Govt passes new renting laws but wait until 2024 for rental property minimum standards

TODAY the Queensland Government passed its new tenancy legislation with some amendments, calling it "striking the right balance between renters and property owners".

Advocates from the community sector have welcomed the long overdue rental reform acknowledging some amendments will improve Queensland renters’ rights.
 
Queensland Council of Social Service (QCOSS) CEO Aimee McVeigh said that some of the government’s reforms are an improvement for Queensland’s 1.8 million renters, but that more must be done urgently.
 
“The next stage of rental reforms must happen immediately in light of Queensland’s housing crisis," Ms McVeigh said. "Renters are competing in unbelievably tight rental markets with vacancy rates below 1 percent throughout Queensland and, even when they can find a place, there’s no guarantee that they’ll be able to stay in their home beyond six or 12 months.
 
“The reality is that the housing market is failing millions of Queenslanders, and government intervention is needed. Tenants need housing security and minimum standards like lighting, ventilation and energy efficiency and these protections must be provided by the law,” Ms McVeigh said.
 
A key element needed in the government’s next round of rental reforms is to permit tenants to make minor modifications to their homes.
 
CEO of Queenslanders with Disability Network (QDN), Paige Armstrong, said for many of their members, private rental is made all the more difficult due to the need for minor modifications to make a property accessible.
 
“It is disappointing to see that minor modifications have not been included in this round of rental reforms. There are over 900,000 people with disability living in Queensland, and a significant number rent in the private sector," Ms Armstrong said.
 
“It is really important for people with disability and many other people in our community to be able to carry out minor modifications. It helps people feel safe, to maintain their independence and carry out basic day to day tasks.  
 
“Renters with disability have been waiting years for these reforms and we need to see change,” Ms Armstrong said.
 
Penny Carr, CEO of Tenants Queensland, the state’s tenant advisory specialists, welcomed the finalisation of this first stage of the reforms which she said was long overdue and a welcome relief.
 
“Renters will find it somewhat easier to keep a pet and to have repairs attended to but they will wait until 2024 for minimum standards and will still be subjected to arbitrary evictions. These laws are not ones for a modern Queensland as they don’t offer strong enough protections from unfair evictions,” Ms Carr said.
 
Ms Carr acknowledged the government’s commitment to rental reforms and stated the changes included a number of positive changes for Queensland renters but overall were "still disappointing, falling well short of modernising the laws".
 
“Our focus will now be to ensure all Queensland renters understand the new laws, how to exercise their rights and meet obligations, without fear of eviction," Ms Carr said.
 
“We will be watching the impact of these reforms very closely to advise the government of any negative impacts on Queensland renters, then working hard to achieve greater outcomes in stage two."

The Housing Minister has committed to stage two of rental reform to begin in the first half of 2022 with minor modifications to be the top priority.

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