What we learned: Monday 9 October
Before we close the blog for today, let’s recap the big headlines:
The top Victorian government officials tasked with delivering the 2026 Commonwealth Games faced a grilling before a state parliamentary inquiry.
A man died and another was in a critical condition after a light plane crash in rural South Australia.
Less than a week out from the voice to parliament referendum, Indigenous leader and yes campaigner Noel Pearson said it was time to reflect on the “moral question” of the voice.
NSW government high schools joined government primary schools in enforcing a ban on mobile phones during school hours when term four began today.
Australian landmarks were lit up in blue and white in solidarity with Israel after Islamist group Hamas launched the bloodiest attack against the country in decades.
An Australian man has recounted his terrifying ordeal escaping from a music festival in the Israeli desert as Hamas militants launched the attack.
It was announced that former New South Wales premier Gladys Berejiklian’s court challenge to the corruption watchdog’s finding of serious corrupt conduct will be heard early next year.
The national anti-corruption commissioner, Paul Brereton, has given an update marking 100 days since the Nacc commenced.
A Senate inquiry has recommended the Albanese government should immediately review its decision to block Qatar Airways from launching extra flights to Australia, as it calls for the consumer watchdog to have a significantly expanded role in the aviation industry.
The full federal court rejected an appeal from UAP senator Ralph Babet and Clive Palmer against an earlier ruling that ticks will count as yes votes but crosses are informal votes in the referendum.
Thanks for reading, we will be back tomorrow morning.
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Jason Clare says establishment of student ombudsman being mulled
Education minister Jason Clare will decide next month whether the establishment of an independent student ombudsman is necessary to hold the university sector to account.
Speaking at a doorstop in Parliament House on Monday, Clare was asked whether the sector could be trusted to ensure student safety on campus.
The latest national student safety survey, released in 2021, found one in 20 students had been sexually assaulted since starting university, and one in six had reported being sexually harassed.
Universities Australia, the peak body for the sector, has confirmed it will hold another national survey in 2024 after a backlash over its response to student safety on campus.
Clare said a “standalone, independent student ombudsman” had been raised as a means to investigate complaints and hold universities to account.
It was floated as an idea at the education ministers meeting last week on Thursday, and we’ve agreed that education ministers will meet again before the end of November to consider an action plan that may include the establishment of a student ombudsman.
Once the plan is ready for us to consider, we’ll … implement it as quickly as possible.
Asked if an agreement on such a framework could be met at the upcoming meeting, Clare replied: “Yes, that’s what I’m hoping for.”
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A pro-Palestine rally is being held at Town Hall in Sydney organised by Palestine Action Group Sydney. The NSW Greens are supporting the rallies as the prime minister, Anthony Albanese, called for them to not take place “out of respect for loss of life.”
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Following on that last post as members of the Sydney Jewish community are being warned against attending events in the CBD, a force spokesperson said NSW police was working with the community.
The first priority for the NSW police force is always the safety of the wider community.
Police are engaging with community groups as they continue to monitor the situation.
The community could be assured an appropriate policing response was in place across the state, the spokesperson said.
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Key event
Jewish community warned over Sydney CBD events tonight amid safety fears
Members of the Sydney Jewish community are being warned against attending events at or being at the Town Hall and the Opera House tonight amid concerns over safety.
The New South Wales Board of Deputies has written to the community urging people against getting near the site of a pro-Palenstine rally in the CBD on Monday night and near the Opera House, which will be lit up in support of Israel.
In the letter, seen by Guardian Australia, the board wrote:
NSW Police and [Community Security Group NSW] are urging the community not to attend the Sydney Opera House precinct or Town Hall this evening. Community members already in the CBD should also be vigilant ... The events tonight may pose a risk to the safety of community members are you are strongly urged not to attend.
NSW police has been contacted for comment.
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Read our full report on the Senate inquiry’s recommendation that Labor should review its decision to block extra Qatar Airways flights to Australia:
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Speaking on the claims made by the head of the Palestinian delegation in Australia, Izzat Salah Abdulhadi, about recent escalations of Israeli incursions and border closures, Liebler warned of the “classic dangerous pathway to moral equivalence”.
Political disagreement is fine, disputes – Israel is not perfect, the government is not always perfect – but there is no justification to go, walk into a room, murder women, children; we are talking about rape, we are talking about mutilation of bodies, dragging children, women through the streets of Gaza.
… Anyone that tries to deflect and cannot bring themselves to condemn this behaviour is part of the problem.
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Liebler said celebrations of Palestinian community in Sydney were very disturbing.
Australia is a free society, as is Israel, unfortunately Gaza is not, Hamas is a dictatorship and there is no freedom of expression. People should be free to express their views on politics, on life, as long as it doesn’t incite violence toward other groups. When you have a designated terrorist organisation murdering innocent civilians and you have people marching, or imams calling, using a religious basis to support the uprising, that’s when you start to cross into incitement to violence and that is unlawful under Australia law.
“We’ve had a very, very difficult 48 hours,” he said, describing chaotic scenes of kidnapping and murder in Israel.
Liebler said a close family friend had hidden in a safe room for 12 hours with people who had died.
Hamas is no different to Isis, they are no different to the Taliban, and we need the western world to support both the release of these women and children and hostages as young as two, as well as support Israel’s right to defend itself.
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War has ‘consequences here in Australia’, Jewish leader says
Jeremy Liebler, president of the Zionist Federation of Australia, followed on Afternoon Briefing and said it was not the first time Australians had been affected by events in the Middle East.
Unfortunately, whenever events in the Middle East spiral out of control, it does tend to make its way here to Australia. At the best of times, the Australian Jewish community is a security risk.
Armed guards at his children’s school have become completely normal, he said.
We have a situation that is taking place right now in Israel and Gaza, where Hamas has infiltrated Israel and murdered 700 people in the last 24 hours … it does end up having consequences here in Australia, particularly when you have marches and protests effectively in support of a terrorist organisation.
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Talking about “celebrations” by pro-Palestinians in Sydney, the head of the general delegation of Palestine in Australia, Izzat Salah Abdulhadi, said:
We don’t have anything to celebrate, actually. We are talking about human loss from both sides and tragedies and traumas and bombarding of houses … I don’t think it’s celebration because that’s stupid.
They want to support the people in Gaza. [The community] really have a lot of concerns about what will happen next with the Israeli revenge process.
Speaking about the lighting of the Sydney Opera House with blue and white colours in support of Israel, Abdulhadi said there was bias towards the Israeli people.
It’s up to the premier to do whatever he wants … but I also wish if also the Palestinians had been targeted … the same procedure would also be implemented. It’s just the feeling of the Muslim Arab Palestinian community in Sydney that this is a sort of bias action.
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When asked if Abdulhadi condemned the tactic of taking women and girls hostage, he said condemnation was a repetitive statement used by media.
I think the most important thing is not words but actual actions on the ground. We need to avoid these words every time we have these problems, either for Palestinians or Israelis. The most important thing is for the international community to show leadership and solve the problem of long-term occupation of Palestinian people. The international community should have the political will to interfere effectively now.
Abdulhadi called for Australia to provide humanitarian assistance and appealed for it to work at a political level, using its relationships with Israel and the US to help de-escalate the war.
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Palestinian envoy describes ‘root causes’ of war
Speaking with ABC’s Afternoon Briefing, the head of the general delegation of Palestine, Izzat Salah Abdulhadi, described what he called the “root causes” of the current conflict.
He said that in the past two weeks, crossings between Palestine and Jordan had been closed and Israeli incursions into Palestinian territory had ramped up, including to the al-Aqsa mosque in Jerusalem, one of the holiest places for Palestinian people.
Palestinians cannot communicate with the external world. These practices just advocate for wiping out complete villages in Palestine and cities.
Speaking about Palestinian policy, he said Palestine leadership was “against killing civilians from both sides. This is a clear position, our strategy is a non-violent strategy in addition to other strategies in Palestine.”
He said he expected more bloodshed in coming days.
I hope that the international community will encourage Israel to restrain its assault on the Gaza Strip.
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Recreational drug users could be spared criminal penalties under NSW overhaul
People who are caught with small quantities of illicit drugs for personal use could be issued with fines that they can work off by seeking help as part of a drug law overhaul being introduced into the New South Wales parliament this week.
The two-strike scheme could see thousands of recreational ice, cocaine and MDMA users avoid criminal penalties.
The legislative change will be introduced when NSW parliament returns on Tuesday amid concerns the government had not yet committed to a date for its promised drug summit or meaningfully engaged in drug reform since coming to power in March.
Under the new laws, police will be allowed to issue criminal infringement notices – $400 fines – to adults caught with small quantities of drugs for personal use up to two times.
Health minister Ryan Park said the government was taking an “evidence-based” approach to drug reform.
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PM defends Wong’s call for restraint in Middle East
The prime minister, Anthony Albanese, was also asked during the 2GB interview whether Penny Wong was wrong to call for restraint at the current time. Albanese defended his minister for foreign affairs:
What Penny has said was to talk about civilians – of course every effort should always be made to protect and not to harm civilians, but Israel of course does have a right to defend itself. And in these circumstances it will. The capturing of people and having them taken into Gaza is just an extraordinary act which of course will see a response.
Albanese was asked whether any Australian aid might have found its way to Hamas. Albanese said: “no”.
Yes, we are very careful … the Palestinian people, of course, do it tough.
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Misuse of takeoff and landing slots at Sydney airport indicative of outdated regulation, CEO says
Sydney airport has said it is now “abundantly clear” that outdated laws allowing airlines to misuse takeoff and landing slots have led to high air fares and cancellations rates on flights out of the city.
On Monday afternoon, the Senate select committee on bilateral air rights – which was set up to examine the Albanese government’s decision to block Qatar Airways’ proposed expansion but went on to examine aviation competition more broadly – recommended the government urgently address issues with the legislation governing access to Sydney airport.
For years, a broad chorus of aviation industry leaders and smaller airlines have been pleading for the adoption of changes, including those recommended in the government-ordered Harris review, that would crackdown on misuse of takeoff and landing slots.
Larger airlines operating out of Sydney airport, including Qantas, its budget carrier Jetstar, and Virgin Australia, have been accused of scheduling more flights than they intend to run and strategically cancelling some services in order to block smaller competitors such as Rex and Bonza from accessing scarce peak slots, and leading to high cancellation rates out of Sydney airport. Qantas, Jetstar and Virgin have all consistently denied they engage in so-called “slot hoarding”.
After the report’s release on Monday, Sydney airport CEO, Geoff Culbert, said:
The one thing that has become abundantly clear throughout this whole process is that high air fares, cancellations and the misuse of slots at Sydney airport are all symptoms of an outdated regulatory framework in the aviation sector.
The committee’s report gets to the heart of these issues and suggests reforms which will ultimately benefit the travelling public. As a first step, we look forward to the release of the Harris Review recommendations and working constructively with all stakeholders to implement them.
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Albanese says he expressed support for Israel ‘out of gut instinct’
Just circling back to the PM’s interview with 2GB. Albanese was asked whether Australia would be sending aid or military equipment to Israel, and said they had not been asked to do so by the Israeli defence force. Albanese said neither was he asked to express political support for Israel, but did so out of “gut instinct”:
I didn’t have to be asked to express political support at this time. I just did it out of gut instinct.
And surely anyone who looks at the footage that has been shown would have the same attitude – supporters of human rights, supporters of citizens being able to go about their daily lives in a normal way without being subject to what was indiscriminate killings.
This isn’t a conflict here – what we saw on the weekend wasn’t two military forces engaging. This was armed people killing innocent civilians.
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‘It’s a time to stand with the people of Israel’: Dutton
Dutton said today:
When people talk about Israel having to show restraint, it’s completely and utterly the wrong time for that sort of language.
When the attacks took place in New York and across the United States in the 9/11 attacks, John Howard, who was the prime minister at the time, stood shoulder-to-shoulder with President Bush in the United States. It wasn’t a time for restraint, it was a time to make sure that, firstly, people are secure and that further attacks can be prevented, and simultaneously, it’s a time to stand with the people of Israel to make sure that these women and children in particular, are recovered from what is a very dire situation.
Dutton added that while it was “important for us to speak in a bipartisan way”, the Coalition “won’t be using any language about restraint from the Israeli people at the moment”:
Their focus is on defeating this scourge and making sure that they can recover their citizens – exactly what the Australian public would expect of the Australian government if we faced similar circumstances here.
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‘Utterly the wrong time’ to call for Israel to show restraint, Dutton says in response to Wong’s comments
The opposition leader, Peter Dutton, says it is “completely and utterly the wrong time” to call for restraint from Israel in responding to the Hamas attacks.
At a press conference in Tasmania earlier today, Dutton also urged the prime minister, Anthony Albanese, to “provide an update to the Jewish community here in Australia, providing an assurance around the additional security and safety measures that have been put in place”.
Albanese and the foreign affairs minister, Penny Wong, have repeatedly said Israel has a right to defend itself. On Saturday night, Wong tweeted:
Australia unequivocally condemns the attacks on Israel by Hamas including indiscriminate rocket fire on cities & civilians.
We call for these attacks to stop & recognise Israel’s right to defend itself.
Australia urges the exercise of restraint & protection of civilian lives.
That comment about urging restraint has attracted criticism in some quarters. Wong said this morning:
I think it is always the right thing for Australia to urge restraint and the protection of civilian lives. Are people suggesting that we ought not be in any conflict calling for the protection of civilian lives? Of course we should.
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Clive Palmer and Ralph Babet lose tick/cross referendum appeal
The full federal court has rejected an appeal from UAP senator Ralph Babet and Clive Palmer against an earlier ruling that ticks will count as yes votes but crosses are informal votes in the referendum.
In September, Justice Steven Rares ruled in favour of the Australian Electoral Commission on the basis that a cross is used “both as a means of selecting one of two or more choices and as indicating a negative choice” and is therefore “inherently ambiguous”. He said:
Unlike a cross, which has more than one signification, either approval or disapproval … the tick approves or selects the affirmative as the voter’s answer.
The appeal was heard today by Justices Anthony Besanko, Michael Wheelahan, and Angus Stewart.
Shortly before 4:30pm, Besanko said the court ordered that the appeal be dismissed and the appellants (Babet and Palmer) pay the AEC’s costs. There are no reasons for judgment yet – just the result.
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PM says pro-Palestine march should not go ahead
Albanese says the march that will be taking place in protest against the Sydney Opera House being illuminated in support of Israel should not go ahead, “out of respect for loss of life”.
I think people need to really take a step back.
I’ve been for a long period of time and remain a supporter of a two-state solution in the Middle East and hoping for peaceful resolution of conflict there. But what has occurred here is completely indefensible.
You can’t target civilians like occurred over the weekend where you had hundreds of people, thousands of people that were attending a music festival. It was a music festival with young people engaged with each other in a peaceful way. The idea that you would have people launching indiscriminate shooting at random, just trying to cause as much harm as possible, is just an atrocity that deserves condemnation of all.
… You can have your views about the Middle East. [It] is a complex issue. Certainly over a long period of time, there’s no doubt there’s been and continues to be Palestinian suffering. But the actions of Hamas in this are completely indefensible. And are also not in the interests – certainly not only of Israel – it’s not in the interests of the people of Palestine.
… I absolutely believe [the march] should not [go ahead]. I support people’s right to to demonstrate their views. We’re a democratic nation, but I just would counsel – what is to be served apart from really just creating a climate that is not conducive to peace and to the objectives of wanting to see Palestinians and Israelis living a peaceful and secure life … it would not advance it at all.
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PM says government keeping 24-hour watch to monitor Australians in Israel
The prime minister, Anthony Albanese, is speaking to 2GB radio. He says the government is keeping a watching brief 24 hours a day to monitor Australians who are in Israel.
There are a number of Australian citizens in the region … [We] remain concerned about them and … making sure that they are safe.
What we saw on the weekend was unprecedented. Hamas entering into southern Israel and engaging in indiscriminate killing. And of course, your last interview was talking about the detainment for citizens, including women and kids … to be held hostage is something that is just completely unacceptable.
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The NT coroner’s court has released a statement about a recusal application filed by lawyers for Zachary Rolfe against the coroner hearing the inquest into Kumanjayi Walker‘s death. A court spokesperson said:
On Friday afternoon submissions were filed on behalf of Constable Rolfe that invited the Coroner to consider recusing herself from the inquest on the grounds of apprehended bias. Responses to these submissions are to be filed by Friday. Mr Rolfe then has until Tuesday to file any reply to those submissions in response, and it is expected that her Honour will deliver a ruling late next week.
The opposition leader, Peter Dutton, earlier began his press conference backing Israel:
I’d like to start this morning by expressing horror and outrage at the terrible loss of life that we’ve seen through these barbaric attacks in Israel.
To see young people chased into the desert and gunned down. To see women and children dragged into the back of vehicles taken hostage is just completely and utterly abhorrent.
A reminder that you can follow the latest on this conflict on our dedicated live blog:
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‘Disgraceful’: Greens MP Jenny Leong slams Marles’ comments on Israel
The New South Wales Greens MP Jenny Leong said a comment by the defence minister, Richard Marles, that attacks on Israel were “unprovoked” was “disgraceful”.
In a series of tweets about the situation in the Middle East, she also said a decision to light up the Opera House in support of Israel was “appalling” and called on people in Sydney to attend a free Palestine rally tonight.
Unprovoked?! This is a disgraceful statement from Defence Minister Richard Marles. It is also appalling that tonight the Opera House will be lit up in support of Israel - what about all of the Palestinian lives lost since occupation? 🧵 pic.twitter.com/RmivkyaNCc
— Jenny Leong MP 梁珍妮 (@jennyleong) October 9, 2023
Opposition leader Mark Speakman responded:
The Greens portray themselves as the champions of human rights.
It’s unbelievable that they would condone the barbaric attacks on innocent civilians.
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Parliament House to be illuminated blue and white in support of Israel
Parliament House in Canberra will join the Opera House in being illuminated blue and white in support of Israel this evening.
#breaking Australian Parliament House to be illuminated blue and white in support of Israel. #auspol pic.twitter.com/LoEY1oyial
— Paul Karp (@Paul_Karp) October 9, 2023
Transport minister says Qatar Airways inquiry a ‘political stunt’
The transport minister, Catherine King, has labelled a Senate inquiry that produced a report critical of her decision to deny Qatar Airways extra flight permissions “a political stunt” by the Coalition, who she has accused of neglecting the aviation sector when in government.
On Monday, after the senate select committee on bilateral air service agreements – set up to examine King’s decision to reject Qatar Airways’ request to almost double its flights into Australia – released its findings, the minister dismissed its criticisms.
King said:
This was always and remains a political stunt from the Coalition that did none of the things it is calling on the Albanese Government to do.
It didn’t give Qatar 28 extra flights a week and took four years to give an extra 7. It didn’t do anything on the slots system at Sydney airport. It did nothing to improve consumer protections. And it left the sector without a blueprint for the future. It was not a serious Government then and it has not produced a serious report now.
King drew attention to Labor senators’ dissenting report, and said the government “is getting on with the job of planning for the future of the aviation sector, increasing competition and improving consumer protections”.
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Zachary Rolfe’s lawyers claim coroner in Kumanjayi Walker inquest should recuse herself because of bias
Lawyers for Zachary Rolfe have applied for the coroner hearing the inquest into the shooting death of Kumanjayi Walker to recuse herself, claiming that she has demonstrated bias against the Northern Territory police officer.
Multiple sources confirmed to Guardian Australia that lawyers for Rolfe emailed the coroner and lawyers representing the NT police, Walker’s family and other relevant parties on Friday submitting that NT coroner Elisabeth Armitage should recuse herself from the hearing.
In November 2019, Rolfe shot Walker dead during a botched arrest in the remote community of Yuendumu.
In 2022, Rolfe was found not guilty of murder in relation to the shooting death of Walker. He was also cleared of two alternative charges of manslaughter and engaging in a violent act causing death.
Rolfe’s lawyers made submissions including that Armitage should step down from the inquest because of her conduct and that of counsel assisting, Peggy Dwyer, during a visit to Yuendumu last November, and because of how the court handled a non-publication order in March, one source who was not authorised to speak publicly told Guardian Australia.
Material included in the submissions that was said to demonstrate the bias of Armitage and Dwyer was an image of Dwyer with white ochre on her forehead holding the hand of an Aboriginal elder during the visit to Yuendumu.
The court and lawyers for Rolfe were contacted for comment.
The application marks another remarkable development in an inquest that had been expected to take three months but has dragged on for more than a year.
Rolfe had been expected to give evidence in the week starting 23 October, but the recusal application will now have to be resolved prior to that hearing.
The former constable had appealed a ruling that he had to give evidence to the NT supreme court.
Guardian Australia understands that other parties to the proceedings have until 13 October to make submissions regarding Rolfe’s application, and his lawyers will then have to reply to those submissions by 17 October.
Armitage is expected to make a decision based on those submissions by the end of next week.
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Government agrees in principle to tie federal funding to road safety data
Last week we wrote about the Australian Automobile Association’s campaign for the federal government to tie road funding to provision of more safety data.
It cited a parliamentary inquiry recommendation to “make all funding for road safety and road infrastructure projects conditional on the provision of data on road safety outcomes” and that “where practicable, this should include provision of data on the star rating of the relevant road”.
The government has just released its response to that recommendation, agreeing in principle.
It said to get federal funding, “state and territory governments are required to provide data on pre and post upgrade risk network ratings, traffic volume and mix, and monthly fatal crash and serious injury data, prior to final payments being made”.
And:
Privacy considerations, coherence and completeness of data sets supplied by jurisdictions are currently significant impediments to the creation of national data sets and their analysis. The Australian government is working with states and territories to overcome these issues.
Guardian Australia understands a new data-sharing agreement will create a consolidated and harmonised national dataset regarding road safety demographics data.
We’ll check in with the AAA if there’s any chance their wish will be granted – or if the federal government is only proposing to collect quality data about roads it paid for not all roads.
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Greens dissenting report
To add to Labor’s dissenting report, the Greens have also issued their own to the flights inquiry.
The sole Greens committee member, Penny Allman-Payne, has “significant concerns” about the process leading to the Qatar Airways decision.
To recap, the transport minister, Catherine King, rejected the Qatari carrier’s bid in July in the “national interest”, almost a year after the proposal first landed on her desk.
The opposition and the Greens have both questioned the reasons behind it and whether Qantas had a significant role in influencing King’s decision.
Allman-Payne said:
It is clear that Qantas enjoys a special relationship with the Australian government, more so than should be typical for a private corporation …
In this context, the Australian people are right to question the nature of the decision and why, apparently, a private corporation has such a level of access to senior government decision makers, and why the decision making process falls so far short of transparency and accountability standards.
Allman-Payne’s report also supported an ACCC investigation into potential anti-competitive behaviour by Qantas.
The minor party recommended in response that the government should “strongly consider” taking a full or part ownership stake in Qantas to ensure Australians are not disadvantaged by its dominant market monopoly.
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Labor members call out ‘inaccuracies and obvious bias’ in aviation report
Labor members sitting on the inquiry into the federal government’s decision to block extra flights from Qatar Airways have labelled today’s report as filled with “inaccuracies and obvious bias”.
The Labor senator Tony Sheldon’s dissenting report against the findings by committee chair, and Nationals senator, Bridget McKenzie, said the report was “a political stunt rather than acting in good faith”.
Sheldon said the transport minister, Catherine King, had already given a number of reasons behind the ruling she said was in the “national interest”.
Some have suggested that weighing several factors as part of a ‘national interest’ consideration is a bad thing. We suggest that it is the only thing to be done in these circumstances.
Sheldon said it was “understandable” the inquiry had been launched due to recent public scrutiny of Qantas’s behaviour but it had descended into “political antics”.
Hardworking public servants were verballed, pressured into answering questions they should never have been asked, and in one particularly egregious example asked to comment on opinion polling.
The dissenting report said Labor senators had “no faith that an extension of the committee would serve any public interest”.
McKenzie has proposed to extend the inquiry until the end of November to hear from King and former Qantas CEO Alan Joyce.
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Albanese government accused of blocking airlines inquiry’s access to evidence
The opposition has accused the Albanese government of obstructing a Senate inquiry from accessing evidence as it examined a controversial decision to block Qatar Airways from launching extra flights to Australia.
The Nationals senator Bridget McKenzie, the opposition transport spokesperson and chair of the Senate select committee into bilateral air services, also accused the government of gagging department officials and acting to protect Qantas, as the inquiry released its report on Monday afternoon.
McKenzie said:
At a time of a cost-of-living crisis in Australia, the government has made decisions that have protected Qantas’ market share and kept the cost of air fares higher for Australian families and exporters, and they have delayed making critical decisions to improve the reliability of domestic travel especially at Sydney airport.
McKenzie also said “the committee heard evidence that Australians could have been enjoying cheaper flights to Europe and the Middle East as early as April this year had the government approved additional Qatar Airways flights” and that “clear evidence was provided of the aggressive use of market power by Qantas”.
She added:
Unfortunately, the government sought to prevent the committee from fully investigating the reasons why additional Qatar Airways flights were rejected by refusing to release documents and placing a gag on the infrastructure and foreign affairs departments.
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Good afternoon! Stay tuned for plenty more news coming your way about the Senate inquiry examining the government’s Qatar Airways decision, Australian politicians on the Israel-Hamas war and more.
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Many thanks for joining me on the blog today. I’ll leave you with my colleague Natasha May, who will take you through the next few hours! Take care x
Aviation inquiry should extend proceedings to hear from Joyce, report recommends
The aviation inquiry’s report has also recommended extending its work until the end of November so that it can hear from former Qantas CEO Alan Joyce.
It will also attempt again to force transport minister Catherine King to appear before senators.
Following the final hearing, Nationals senator and committee chair Bridget McKenzie warned Joyce she would continue to pursue answers from him even after the final report was delivered.
McKenzie said:
[Joyce] is the only one that can go to conversations that he’s informally had with his bromance partner, the prime minister, Anthony Albanese and indeed Minister King.
The report concluded it “vital” to hear from King, too, to determine whether her meetings with Joyce influenced her decision to block Qatar Airways’ proposal to double the number of flights it runs to major cities.
King refused to attend the hearing, calling the probe a “political stunt”. Members of the House of Representatives cannot be forced to appear before committees.
However, the report pointed to two examples where it had happened before.
In January 2014, former prime minister Scott Morrison voluntarily appeared before an inquiry. Prior to that, a minister in the Keating government also attended a Senate hearing in 1992.
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Labor should ‘immediately review’ Qatar Airways decision, Senate inquiry recommends
The Albanese government should immediately review its decision to block Qatar Airways from launching extra flights to Australia, a Senate inquiry has recommended, as it calls for the consumer watchdog to have a significantly expanded role in the aviation industry.
On Monday, the Senate select committee on bilateral air service agreements – set up to examine the rejection of Qatar Airways’ request to almost double its capacity into Australia’s major airports – delivered its report after a month of public hearings raised concerns of structural issues in Australia’s aviation sector that are harming competition and consumers.
A key recommendation, to re-examine the Qatar Airways decision, was made despite transport minister Catherine King refusing to answer a range of questions as to the reasons behind her decision, which have fuelled concerns about the influence of Qantas and the lack of input from the consumer perspective in government aviation decisions.
The Senate committee has recommended the reinstatement of the Australian Competition and Consumer Commission’s (ACCC) domestic aviation monitoring program, which was introduced as a Covid measure by the Morrison government but came to identify various competition concerns at the behaviour of major airlines, before it lapsed and was not renewed by the Albanese government.
Additionally, the Senate inquiry has called for the government to direct the ACCC to conduct an inquiry into potential anti-competitive behaviour in the domestic aviation market.
The ACCC and other stakeholders should also be consulted when the government is making decisions about granting extra flights to carriers from various countries, so the cost-benefit analysis of such air agreements better factor in consumer and industry concerns, the inquiry recommends. A public statement with reasons for decisions taken should also be published.
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Timeline to cancelling 2026 Commonwealth Games, according to Moule
Jeremi Moule is now going through the timeline of events that led to the decision to cancel the 2026 Commonwealth Games.
Moule said on 30 June, he arranged a meeting with the chief executive and president of the Commonwealth Games Federation in London. He said:
At that time, no decisions had been made, but it was clear that the government would need to make a significant decision regarding the games to either materially reshape it in a way that would require renegotiation of the host contract, or to cancel the commitment. The meeting was set for 17 July.
Moule says on 14 July, the government formally considered the Office of the Commonwealth Games and Victoria 2026 funding bid, which the department of premier and cabinet and department of treasury and finance had costed at “between $6bn and $7bn after risk adjustment.
On 15 July, the government formally considered submission on a strategy to withdraw from hosting the Games. He says:
I left for London on Saturday after attending that meeting. On Monday, 17 July cabinet was briefed and endorsed the withdrawal strategy.
In London, Moule told the Commonwealth Games Federation the government had resolved not to hold the games in 2026.
He said he advised the premier, Daniel Andrews, not to host the games:
Specifically on the issue of cancellation, it was the advice of my department provided by me personally to the premier that gave the government cause to reconsider the delivery of the games and in fact, whether to host them at all.
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Andrews’ option of cancelling games ‘never before been considered or discussed,’ Moule tells inquiry
Staying with the Victorian government’s upper house inquiry into the cancellation of the Commonwealth Games:
After his mid-June meetings with Daniel Andrews, Jeremi Moule said the Office of the Commonwealth Games and Victoria 2026 began looking at a “full range of options” for the Games, which included a “hybrid regional Melbourne games, or hosting the Games in Melbourne”.
He said when Andrews engaged lawyers the option of cancelling the games had “never before been considered or discussed”:
When I commenced those discussions, it was purely on the basis that everything needed to be on the table throughout the second half of June: options for reshaping the games and advice regarding withdrawal options.
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Games committee told in April to report options of ‘reducing costs’ to government, Moule says
According to Jeremi Moule, in April he told the organising committee and the Office of the Commonwealth Games (OCG) – which sat within the department of jobs, skills, industry and regions – to report back to the government in June with options to “reduce costs”.
He said DCP received further analysis from the OCG and Victoria 26 that included cost implications if the risks materialised:
Essentially, if the risks were weighted at 50%, the costs would likely reach or exceed $6bn. If they were weighted at 100%, the cost would be closer to $7bn.
Independently, both DPC and the department of treasury and finance formed the view that there was a very high probability that the risks would be realised, in fact DTF formed the view that it was prudent to rate them all at 100%.
Moule says on 13 June he flagged this with the then premier, Daniel Andrews. The duo then held a meeting on 14 June “at which we agreed that all options in relation to the games needed to be on the table”.
Andrews informed the current premier, Jacinta Allan, on the same day that he was engaging law firm Arnold Bloch Leibler.
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Commonwealth Games would have been ‘viable’ if cost-benefit ration was ‘close to one,’ Jeremi Moule says
The head of Victoria’s department of premier and cabinet, Jeremi Moule, is appearing before the state’s upper house inquiry into the cancellation of the Commonwealth Games.
Moule says the government would not have signed up to the Games if they were to be exclusively held in Melbourne:
The government was adamant from the outset and remained so that … there was no benefit for the state to host events in Melbourne. The games presented as an opportunity to achieve legacy outcomes in regional Victoria, and while acknowledging the significance of the games, the event itself was not the primary motivating factor.
He said the cost-benefit ratio “was always going to be marginal”, given the investment required in the regions, but if it remained at “close to one” - that is when the profits equals the costs - then it was “viable”. But this began to shift in April 2023, Moule said:
It was emerging that costs [were] shaping up to be significantly higher than expected. The estimated gross cost at this time exceeded $4.5bn, not including transport and policing costs, not having fully costed other risks.
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Opposition leader condemns rally in Lakemba celebrating Hamas attack on Israel
Opposition leader Mark Speakman also condemned the rally in Lakemba last night.
He said:
The Jewish community here in NSW should feel safe and secure and everybody in this community has a role to play ... It was disappointing to see overnight people celebrating brutality.
He said there was “never an excuse for attacking civilians, let alone for celebrating that attack”.
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Community is hurting after outbreak of war between Israel and Hamas, Vaucluse MP says
Vaucluse MP Kellie Sloane said her community was hurting amid the outbreak of war between Israel and Hamas, and called on all people to condemn the violence.
She said:
In my community this doesn’t feel like a war that is overseas. This feels like a war that is here in our backyard, because the people in my community have family and friends in Israel at the moment - some of them cant get in touch with those family and friends. This has shaken us all to the core and I stand with my community today.
Sloane said she had been shocked to see people “celebrating” at a pro-Palestinian rally in Lakemba overnight.
Like many [in] my community, when I saw those scenes last night in western Sydney I couldn’t believe it because this is not a time for our city to turn on itself.
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PM’s nationwide blitz for yes vote; first stop Broken Hill
As we flagged earlier, the prime minister is participating in a nationwide blitz, campaigning for the yes vote ahead of this weekend’s Indigenous voice to parliament referendum.
His first stop is Broken Hill. Anthony Albanese has just shared some photos from his stop on social media:
Everywhere I go around Australia, people are telling me they’re voting Yes for recognition, listening and better results.
— Anthony Albanese (@AlboMP) October 9, 2023
Locals in Broken Hill told me they’re excited to wake up to a Yes vote on Sunday morning.
Wonderful to see Labor life members Pat and Marion there today. pic.twitter.com/ultyjMYFDw
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‘No defence for behaviour such as this’: NSW Jewish board condemns Hamas attack
The New South Wales Jewish Board of Deputies president David Ossip has condemned the behaviour of Hamas in Israel.
Speaking at the Jewish museum in Sydney, he said:
The Jewish people have had a long history and at times a tragic history, but there have been few days more horrific than what we’ve experienced in recent days.
This isn’t humanity. This is barbarity. This is depravity. This is an outrage that all decent and fair minded people should condemn. There is no defence for behaviour such as this.
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Clare not concerned about tensions escalating in western Sydney over violence in Israel
Staying with Jason Clare’s press conference, the education minister downplayed concerns about repercussions in Australia from the violence in Israel.
Asked about whether he feared tensions could “boil over” in western Sydney, where pro-Palestine rallies were being seen, Clare said no.
What I’m more worried about are the scenes we see on television at night, on the front pages of the newspapers today.
All Australians should condemn the attack by Hamas on Israel. All Australians should come together in wanting to see a protection of civilian lives, whether it be in Israel or Palestine.
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‘I’m focused on Saturday, not Sunday,’ Jason Clare says on voice outcome
Jason Clare said he wasn’t yet thinking about what would happen in the event of a no vote, and was instead focused on the referendum itself - “I’m focused on Saturday, not Sunday” he said.
But the minister went on to outline the history of referendums, reminding listeners of the difficulty in winning one.
Only one in five referendums in our history have got up. Labor in government has only been successful in getting a referendum up once. That gives you an idea of just how hard this is.
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Education minister slams Coalition seeking ‘political payback’ on companies supporting yes campaign
Cabinet minister Jason Clare has slammed the Coalition for raising suggestions the Senate should probe donations to the yes campaign, claiming the opposition was seeking “political payback” on groups supporting the Indigenous voice referendum.
The education minister said he remained hopeful of the referendum succeeding, despite more negative polls for the yes vote. He believes many Australians are only just starting to tune into the vote - but concedes the monumental scale of the task to win the referendum.
The vast majority of Aussies will vote this weekend. For a lot of Australians, I’m pretty sure they haven’t made up their mind ... Australia’s got 5 days to make up their mind on this.
This is tough. Winning a referendum is tough. .. it’s the political equivalent of climbing Mount Everest. But it’s worth it.
The West Australian newspaper reported today shadow Indigenous Australians minister Jacinta Nampijinpa Price’s calls for the Senate to look into the donations made by corporate Australia to the yes campaign, claiming shareholders of some companies were unhappy about multi-million dollar donations being given.
The senator, who is the leader of the no campaign, reportedly said questions would be asked in Senate estimates, and that an inquiry “would not be off the table”.
Clare, speaking at Parliament House today, said he believed voting yes would “help a group of Australians who are really doing it tough. For my mind, that’s a really Aussie thing to do”.
But going to the West Australian article, Clare criticised opposition leader Peter Dutton:
Have a look at the front page of the West Australian today, where he’s calling companies into this place just for disagreeing with him, dragging people into this building because they donated to the yes campaign.
There’s the evidence Peter Dutton has only been about one thing, him and his political advantage, about politics and division and now about political payback.
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With Comedian, 2019 set to debut in Australia this December, the question remains: will anyone repeat history and grow hungry enough to eat the $120,000 artwork?
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Banana duct taped to the wall artwork to make Australian debut
The National Gallery of Victoria (NGV) has announced that Maurizio Cattelan’s iconic work Comedian, 2019 – composed of a banana duct taped to a wall – will make its Australian debut later this year.
The NGV has been loaned one of three editions of Comedian to be showcased as part of the institution’s Triennial exhibition of contemporary art, design and architecture.
The artwork requires staff to replace the real banana affixed to the gallery wall with duct tape every 3 to 5 days.
Comedian made its premiere at the Perrotin gallery booth at Art Basel Miami in 2019, and was recently anonymously donated to the Guggenheim Museum in New York.
Of the work, Cattelan said:
Comedian is exactly like an apple for Cézanne: the minimum common denominator that everybody recognises. But you need to alter its condition. Cézanne does it with brush strokes, I do it with gaffer tape.
NGV director Tony Ellwood said Cattelan is a “leading global artist” whose work encourages us to “consider some of the contradictions and paradoxes of contemporary society”.
The NGV Triennial is on display form 3 December to 7 April, next year, with free entry.
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Monash university disappointed by 48-hour staff strikes, spokesperson says
Monash University doesn’t anticipate today’s strikes will have a significant impact on the running of campus as union members walk off the job for two days.
A spokesperson for the university says it’s “committed to acting in the best interests of all staff” and acknowledges the right of National Tertiary Education (NTEU) members to engage in protected industrial action.
However, we are disappointed the union has chosen to go ahead with the 48-hour strike given the progress in enterprise bargaining negotiations.
"You cannot plan a life if you don't have secure work, it's as simple as that."
— NTEU Monash Branch (@NTEUMonash) October 9, 2023
We are out here to demand better working conditions for our staff (especially casuals) and better learning conditions for our students ✊️#MonashStrikes @CasualsMonash pic.twitter.com/jQpikE3ffU
The spokesperson points to a recent offer to academic and professional staff of a 16% salary increase over December 2022 to June 2026, and progress on other clauses including Indigenous employment, workplace bullying, job security, partner leave and appropriate workloads.
We are awaiting NTEU responses on a number of clauses.
The Monash University strikes follow industrial action at the University of Melbourne, Swinburne and RMIT in recent weeks.
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‘Absolutely vital’ students learn to use AI ‘properly’ once introduced in schools, expert says
A leading artificial intelligence expert says it is “absolutely vital” students learn how to use emerging technology responsibly lest Australia risk falling prey to it.
Last Friday, education minister Jason Clare announced AI including ChatGPT would be allowed in all Australian schools from 2024 after education ministers formally backed a national framework guiding the use of the new technology.
Charles Darwin University academic Dr Stefan Popenici says it was “absolutely obvious” when artificial intelligence chatbot ChatGPT emerged that it would bring a “new and sustainably different reality” for education.
[Clare] made the right observation that students are going to need to learn how to use AI properly in education.
This is absolutely vital for our common future, and we have to find ways to help teachers and students use AI for learning and personal development ... rather than plagiarism and shortcuts in completing assessments and learning.
Popenici says future months will require innovation beyond “old solutions packaged as reforms”.
The hard part just starts, and it involves something that stands against the status quo and comfortable delusions: intellectual courage and a genuine capacity to deal with some uncomfortable facts.
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Voice campaign: PM visits Broken Hill as Indigenous affairs assistant minister talks in Redfern
Yes campaigning continues as the government engages with voters across the country with less than a week to go until the referendum. The PM Anthony Albanese is in Broken Hill, while assistant minister for Indigenous affairs, Malarndirri McCarthy, is in Redfern.
Prime Minister Anthony Albanese is in Broken Hill today as part of his yes campaign for the referendum.
— BillOrmonde (@BillOrmonde_2) October 9, 2023
Mostly yes voters here and a handful of no’s floating about the city’s early polling centre. pic.twitter.com/BCrif5yX9O
Out in Redfern this morning looking forward to all the opportunity we have by saying ‘Yes’. #VoteYes #Yes23 pic.twitter.com/XNBFfW6b3A
— Malarndirri McCarthy (@Malarndirri19) October 9, 2023
If you haven’t listened to Yorta Yorta rapper Adam Briggs on today’s podcast about why he is advocating for a yes vote, straight off the back of his viral video, have a listen here:
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Informed consent lacking in maternity wards, NSW inquiry into birth trauma hears
Hearings for a NSW parliamentary inquiry into birth trauma continues today. AAP reports:
Maternity Consumer Network president Emilia Bhat said many womenfelt their concerns and questions were dismissed during birth in favour of the baby’s wellbeing.
She said informed consent was lacking in many maternity wards.
Women are told all that matters is their baby and that makes them feel like their wishes and needs don’t matter and when they do try to question it, they’re treated like they’re selfish.
Obviously women want a healthy, live baby after their birth but there becomes a problem where we feel that (healthcare) providers forget the woman is their main patient and she actually takes priority.
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Shipping peak body rejects claims the industry is ripping off consumers
The peak body for major shipping liners, Shipping Australia, has rejected concerns from a former competition watchdog who warned companies may be teaming up to rip off customers.
Rod Sims highlighted a vessel sharing arrangement struck by Israeli-based ZIM and the Swiss-based Mediterranean Shipping Company, which would see the number of ships sailing to Australia reduced and cargo shared between the two companies. The Maritime Union of Australia has also raised concerns.
Here’s what Sims told Guardian Australia:
When they get together … like this, it increases prices. These type of agreements really do a lot of damage to the Australian economy. It is quite clear that Australians are paying more for a whole range of imported goods than they would if these sorts of things were not allowed.
But that claim has been dismissed by Shipping Australia, with a spokesperson saying they could instead ensure more competition:
Australia is a high-cost, small market. That’s just an observation, not a criticism.
High cost, small markets are expensive to service and so small players tend to not enter small markets. Vessel sharing allows small players to join with other small players, or even large companies, and put some services into Australia.
So instead of one company committing to, say, one ship once a month, there could instead be four companies committing one ship each so there are four ships a month and one of which calls every week. Vessel sharing arrangements make shipping services cheaper, and more frequent.
‘Root and branch review’ of ‘embattled agency’ needed, shadow minister for government services says
Staying with the Services Australia strike:
Shadow minister for government services, Paul Fletcher, argued the strike is “another example of an embattled agency which is out of control”.
In a statement published today, he said it is “unacceptable” for the services provided via Services Australia to be disrupted by the strike, “especially in this cost-of-living crisis”.
[Government services minister Bill] Shorten must explain which services will be affected and what will be done to cater for those who require assistance on Monday.
For Services Australia to simply say they are ‘making preparations to minimise potential disruption to our customers’ isn’t good enough.
Fletcher is calling for a “root and branch review of this critical agency”, with a focus on improving customer service, driving digital transformation and better understanding the expectations of customers.
With @SenScarr in Ipswich speaking to media about the union-led strike at @ServicesGovAU that is causing unnecessary chaos and confusion for Australians.@billshortenmp must front up and explain what he is doing to fix this. pic.twitter.com/qCjamli1aV
— Paul Fletcher (@PaulFletcherMP) October 9, 2023
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Public service workers join 24-hour strike
Some Services Australia staff who are members of the Community and Public Sector Union (CPSU) will be participating in a 24-hour strike today.
The strike aims to increase pressure on the government to improve the pay offer for public service workers.
It comes after the CPSU rejected the government’s revised pay offer, a 0.7% increase on their first offer of 10.5% over three years.
CPSU national secretary Melissa Donnelly said the offer had 51% support:
The CPSU has rejected this offer because we know that we can and we should be aiming higher than 50 per cent, plus one.
There is strong support for the conditions package that has been negotiated, including the industry leading working from home rights, increases to paid parental leave, the reintroduction of job security provisions and increased casual loading rates.
But in an environment where every APS worker is feeling extreme cost-of-living pressures, the current pay offer doesn’t cut it.
Services Australia has acknowledged the strike, writing on X (formerly Twitter):
On Monday 9 October 2023, some staff are participating in a full day work stoppage. Payments won’t be affected.
On Monday 9 October 2023, some staff are participating in a full day work stoppage. Payments won’t be affected. If you can delay your business with us or use self-service, please do: https://t.co/9dQLXCIk7o
— Services Australia (@ServicesGovAU) October 8, 2023
Services Australia encourages people to delay their business, or use the self-service feature online.
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China worried helping island nation would spark ‘over-reaction’ in Australia, East Timor’s president says
East Timor’s president says China expressed concern that helping the island nation develop military infrastructure would spark an “over-reaction” in Australia, AAP reports.
Giving credit to Beijing, Jose Ramos-Horta told ABC radio that more Chinese support could span infrastructure for the defence force and police, including by building compounds.
Sometimes when I chat with the Chinese about increasing their support ... they say they’d be willing to do, but they are a bit concerned about the over-reaction - or potential over-reaction - in Australia and elsewhere.
The Chinese are actually sensitive to the sensitivities of our neighbours, so they are more respectful of Australia’s position than Australia is of the Chinese position.
The Australian government and intelligence community “know well Timor’s position, so they are not worried about it”, Ramos-Horta said, after previously saying military co-operation with China had not been discussed.
He said Chinese economic partnerships were nothing new for the region, and also played down concerns about Chinese naval visits, saying such visits had increased from a variety of nations, including Australia.
But he had not dismissed the concerns, he said.
Negotiations over developing a gas field between Australia and East Timor are also expected to wrap up by early 2024.
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AEC reminds voters to write yes or no after Shaun Micallef’s ‘vote X’ tweet
The Australian Electoral Commission has called out actor and comedian Shaun Micallef for a social media post, seemingly in relation to the Indigenous voice to parliament referendum.
Last night, Micallef posted on X: “If you don’t know, vote X.”
This follows a warning from the AEC that votes with a cross may not be counted:
The AEC responded to Micallef on X, writing:
The voting instructions are to write either yes or no, in full and in English. Doing anything else risks a vote being informal.
Messages like this, likely done to provoke people or be humorous, are of course not helpful.
The voting instructions are to write either yes or no, in full and in English. Doing anything else risks a vote being informal.
— AEC ✏️ (@AusElectoralCom) October 8, 2023
Messages like this, likely done to provoke people or be humorous, are of course not helpful.
Micallef said he “never mentioned the referendum” but hopes people approach 14 October “in good faith and with all the goodwill it deserves”.
Here is the official advice on compulsory voting, via the AEC:
Under the Electoral Act, the actual duty of the elector is to attend a polling place, have their name marked off the certified list, receive a ballot paper and take it to an individual voting booth, mark it, fold the ballot paper and place it in the ballot box.
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Nacc received 1,247 referrals, 90% not previously publicised in media, commissioner says
The national anti-corruption commissioner, Paul Brereton, has given an update marking 100 days since the Nacc commenced.
So far the Nacc has received 1,247 referrals, including:
710 excluded at the triage stage because they do not involve a Commonwealth public official or do not raise a corruption issue
188 pending triage
69 in active triage
173 currently under assessment.
The Nacc has opened nine preliminary investigations, which enliven investigatory powers such as compelling the provision of information or documents. In addition, it has opened three new investigations and inherited six active investigations from the former Australian Commission for Law Enforcement Integrity.
Brereton said the “overwhelming majority” of reports received have been from members of the public.
Nearly 90% of these relate to matters that have not been publicised in the media. This confirms that Australians are insisting on integrity across the public sector ...
Our institutions must embrace, from the top down and at every level, a culture in which the giving of honest if unwelcome advice and reports is not dissuaded, but encouraged; in which decisions are made impartially, on the evidence and the merits, in the public interest and without regard to personal interest; and in which responsibility and accountability is accepted, including for the inevitable mistakes.
In this, and in insisting on integrity, every one of you has a role to play.
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Dutton maintains voice is ‘dividing Australians’
As prime minister Anthony Albanese makes his final pitch to voters for a yes vote on the Indigenous voice to parliament referendum this weekend, opposition leader Peter Dutton is also making his final rounds, calling for a no vote.
He just spoke to the media from Tasmania, repeating his practised lines that the voice is “divisive”:
I think Tasmanians are right to ask, is this thing going to provide the practical outcomes that we want for Indigenous communities? The answer to that is no. They don’t want a great big new bureaucracy in Canberra, which is exactly what you get … It’s divisive. It’s dividing Australians when we really should be trying to pull together as a country.
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Gladys Berejiklian’s Icac challenge to be heard in the new year
Former New South Wales premier Gladys Berejiklian’s court challenge to the corruption watchdog’s finding of serious corrupt conduct will be heard early next year.
Appearing before Justice Julie Ward on Monday morning in the court of appeal, one of Berejiklian’s lawyers Henry Cooper said the next date available for the lead legal figure on the case, Bret Walker SC, was late February.
Last month Berejiklian launched the legal challenge to findings handed down by the Independent Commission Against Corruption (Icac) following an investigation known as Operation Keppel that found she engaged in serious corrupt conduct.
In filings for the judicial review, Berejiklian contends the commissioner who found she had engaged in serious corrupt conduct was not authorised to make the decision, and the finding was invalid.
Berejiklian has maintained she served the public interest “at all times” while in office.
Ward was “surprised” by the request for a February hearing.
I am conscious of delay ... in matters generally and in this matter in particular.
A hearing date was not set during the short hearing but a broad timeline was agreed to, with the hope of setting a date outside of court for the new year.
The court also heard Icac had thus far been refusing to hand over information relating to part of the case.
Cooper said:
My client has made a disclosure request of the commission. That request goes exclusively to ground one of the summons which is one which … raises factual issues concerning the preparation of the report.
At present, disclosure has been resisted on grounds of firstly, relevance and secondly, immunity … The parties are still conferring on this.
A judicial review, unlike an appeal, is limited to legal missteps and cannot involve challenging the findings of fact.
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Australian at Israeli music festival 'heard whispers of bullets' overhead fleeing Hamas attack
An Australian man has spoken to ABC Melbourne about his terrifying ordeal escaping from a music festival in the Israeli desert as Hamas militants launched an attack.
Daniel Moritz was at the Supernova music festival with his friends – located near the Gaza strip – and described to host Raf Epstein how they first heard bombs overhead:
Around 6am we notice bombings above our heads. No sirens, nothing … totally surprised, unaware and unprotected.
Moritz said he gathered his friends, they left all their belongings behind and left in a car, which they had parked close to the entrance.
We found actually a hole in the fence [so] we managed to get out faster, then we started to head north … and suddenly a machine gun started going off, just shooting us full force.
We heard the whispers of the bullets flying over our heads.
We were ducking down in the car and driver, one of our good friends of ours, is post-traumatic already. He was totally in stress. Everyone was stressed.
At least 260 bodies were discovered at the site of the all-night festival, and dozens more are still missing.
Moritz said “it’s not a casual thing that civilians see terrorists before the army does”:
It’s the first time for like 50 years that Israel weren’t prepared for some kind of attack.
… The army usually is there all the time and protecting us all the time, we feel protected 24/7 … things don’t happen in the day to day life [like that] here.
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Australian landmarks to light up in show of support for Israelis
Australian landmarks will be lit up in blue and white in solidarity with Israel after Islamist group Hamas launched the bloodiest attack against the country in decades.
The NSW premier, Chris Minns, says the Sydney Opera House will be lit up tonight to support the state’s Jewish community and those who have family in Israel.
We are deeply concerned about the horrific attack by Hamas on Israel and those who have been kidnapped.
Minns said his government was monitoring the situation closely to see if any NSW citizens were affected by the fighting.
Victorian premier Jacinta Allan confirmed Melbourne landmarks would also be lit up on Monday:
Hundreds of innocent civilians have been injured or killed and many Victorians will be worried for friends and family.
We condemn these horrific acts, as a state and a nation, and we acknowledge Israel’s right to defend itself.
Brisbane’s Story Bridge was lit up in blue and white on Sunday night in a sign of solidarity with Israel.
The Palestine Action Group Sydney will hold a rally at the Sydney Town Hall on Monday evening calling for a free Palestine. The group has urged the federal government to cut ties with Israel.
– via AAP
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Inquiry into Commonwealth Games cancellation begins in Victoria
Victoria’s upper house inquiry into the cancellation of the Commonwealth Games has just kicked off public hearings.
First up are representatives from the department of jobs, skills, industry and regions, which is headed up by secretary Tim Ada.
Ada is currently stepping through the timeline for the games. He said before the government committed to hosting the games in March 2022, a business case was put together by Ernst & Young that estimated the event would cost $2.6bn.
He said the business case “largely relied on top down estimates and benchmarking against known amounts from the 2018 Gold Coast Games”.
But in reality, Ada says the games was going to cost almost $2bn extra:
It is clear now, with the benefit of hindsight, that the business case prepared in early 2022 did not reflect the true cost of delivering a sporting program spread across five cities, nor anticipate the significant cost escalation that’s been experienced in the construction sector.
He said in early March 2023, his department briefed the premier Jacinta Allan (who was then the minister for Commonwealth Games delivery) on “revised budget requirements to deliver the Games”.
Ada continued:
An updated gross budget estimate of $4.5bn was not approved, with the department asked to further explore opportunities to reduce costs while still meeting the government’s commitment to host the Games in regional Victoria.
The government cancelled the event on 18 July, with Allan’s predecessor, then premier Daniel Andrews, blaming cost estimates tripling to $7bn.
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Storms expected to hit parts of NSW and Queensland
Storms are forecast across western parts of New South Wales and Queensland today.
In NSW, storms are possible in western parts of the state – including Bourke and Broken Hill – today and tomorrow. However, severe thunderstorms are not expected:
⛈️Storm Forecast for today 9/10 and tomorrow 10/10. Storms are possible in western NSW both days, including #Bourke and #BrokenHill. Severe thunderstorms are not expected. Forecasts: https://t.co/0kBlJ1d3MC pic.twitter.com/ZiuqUBWqER
— Bureau of Meteorology, New South Wales (@BOM_NSW) October 8, 2023
Meanwhile in Queensland, thunderstorms are likely in western parts of the state, including Mount Isa, Quilpie and Birdsville. Storm activity is already occurring this morning, but severe thunderstorms are not expected.
⛈️QLD Storm forecast for Monday 9/10. Thunderstorms are likely in western QLD today, with storm activity already occurring this morning. These could affect #MtIsa, #Quilpie and #Birdsville. Severe thunderstorms are not expected. Forecasts: https://t.co/ZhiAztv3kh pic.twitter.com/xTgBIn70sU
— Bureau of Meteorology, Queensland (@BOM_Qld) October 8, 2023
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Indigenous musicians release single to inspire yes youth vote
A new single has been launched by Indigenous artists in collaboration with global musicians highlighting the need for equal rights for Indigenous people worldwide – with a specific focus on Indigenous Australians.
The single, titled Talk Different (Raise Your Voice), comes just ahead of the voice to parliament referendum and it hopes to inspire young people to vote and “serve as a timely reminder that they have the power to create social change”.
Ronan Coleman from Dark Star Music International said the referendum was a “great opportunity” to bring people together through music.
Music is the universal language that brings people together from all walks of life, which is what the proposed constitutional reforms are all about.
Songlines Aboriginal Music’s chief executive Robbie Bundle said the project was born out of a willingness to come together and support one another:
The song lyrics are a powerful reminder for people to ‘use your voice’ and ‘turn up’, and even though we ‘walk different’ and ‘talk different’ … we’re all human and we all deserve equal human rights and the same chance to lead a happy, healthy life.
Kos Samaras, director of RedBridge Group, said the youth vote will play a critical part in the outcome of the referendum.
Gen Z and Millennials make up about 43% of voters. Recent polls show that about 10% of this cohort remain undecided, so a swing towards yes within this demographic could contribute towards achieving a yes majority.
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Monash University staff to begin two-day strike over pay and job security
Union members at Monash University will strike for the longest time in more than a decade in a bid for wage increases, eased workloads and increased job security.
It’s the latest round of industrial action to sweep through Victorian universities, following a week-long strike at the University of Melbourne that wrapped up on Friday and a 36-hour strike at RMIT.
The two-day strike, to begin at midday, comes days after the Fair Work Commission rejected a claim for the university to avoid repaying staff by retrospectively changing its enterprise agreement.
I'm on my way to the #MonashStrike because we deserve fair pay, safe workloads and secure jobs! https://t.co/VMtN0T1v1r
— Philippa Chandler (@PippyChandler) October 8, 2023
The estimated $9m wage claim, launched by the National Tertiary Education Union, will now proceed to the federal court.
NTEU Monash branch president Dr Ben Eltham said job security and wage theft were the key issues behind the strike.
Staff are deeply dissatisfied with the governance failures that are hurting staff and causing teaching conditions to deteriorate.
The university said it would review the commission’s decision and was “committed to paying its staff accurately” in line with its enterprise agreement.
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Peter Costello won’t seek third term as Future Fund chair
Former treasurer Peter Costello has advised the government he will not seek a third term as chair of the Future Fund.
According to a joint statement from treasurer Jim Chalmers and minister for finance Katy Gallagher, Costello advised the government of his decision a fortnight ago.
The statement reads:
We thank Mr Costello for his significant contribution as a board member and then Chair over the past 14 years. He leaves with the Government’s appreciation and respect.
Chalmers and Gallagher note Costello’s “instrumental” role in establishing the Future Fund in 2006 and setting up its initial investment mandate:
Upon the fund’s inception, Mr Costello spoke about the importance of ensuring that Australia could meet its unfunded superannuation obligations without imposing an undue burden on future generations.
During his time at the Future Fund, its portfolio has grown steadily and is today worth more than $200 billion. It has delivered an average annual return of 8.8% per annum over the past decade.
A formal recruitment process will now commence to appoint a new chair, the statement reads.
The government will also carefully consider any future board vacancies as an opportunity to refresh and renew the Future Fund’s leadership.
Updated
Fire and flooding fears ease in Australia’s east
In some more positive news for your Monday morning, it appears that both flood and fire fears have died down this week after compounding weather events last week:
On the flood front, flood waters at Sale in Victoria are continuing to ease.
A moderate flood warning remains in place for the Thomson River downstream of Wandocka.
No significant rainfall has been recorded in the 24 hours to 9am Sunday, and no significant rainfall is forecast across the Thomson River catchment over the next few days.
The river level is likely to remain above the minor flood level (2.40 m) during Monday.
Meanwhile, there aren’t many high fire danger warnings along the east coast, aside from a few in central Queensland:
High #Fire Dangers for central and northern interior districts over the next few days. High FDRs likely to return to southern #QLD from Thursday ahead of the next trough and associated wind change. Bushfire info @QldFES. Forecasts:https://t.co/CobvC7vdRE pic.twitter.com/qaLhZLlbFi
— Bureau of Meteorology, Queensland (@BOM_Qld) October 8, 2023
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Albanese on Israel-Hamas war: ‘This is a very dangerous time in a volatile part of the world’
Staying with the prime minister’s breakfast television appearances:
Speaking to Karl Stefanovic on the Today Show earlier, Anthony Albanese was asked whether he has spoken with Israeli prime minister Benjamin Netanyahu yet.
Albanese said he has put a request in for a phone call, but Netanyahu “has the task at hand that he’s focused on”:
We’ve put in a request for a phone call with the prime minister, but I understand that his priority will be organising the defence that needs to occur [there].
Albanese said that across the political spectrum here in Australia, “this isn’t a partisan issue”.
This is one where clearly Hamas has been the aggressor here and … an attack like this requires substantial planning.
The concern about thousands of rockets being shot into Israel, a very dangerous escalation could occur here as well. There’s reports as well of Hezbollah firing rockets into Israel. So, this is a very dangerous time in a volatile part of the world.
Of course Israel will defend itself, but of course there should always be restraint when it comes to the targeting of civilians.
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Albanese heading to regional centres and capital cities in yes campaign blitz
As the Indigenous voice to parliament referendum approaches this Saturday, Anthony Albanese is making his final rounds as part of the yes campaign.
This morning he appeared on breakfast television programs to advocate for a yes vote (we brought you this earlier).
The Voice is a simple proposal from Indigenous Australians for practical change.
— Anthony Albanese (@AlboMP) October 8, 2023
To kick off the last week of the Yes campaign, I talked about it on @sunriseon7, @TheTodayShow, @ABCTV News Breakfast and @SkyNewsAust First Edition.
Here’s a bit of what I had to say. pic.twitter.com/UW3RxD0SyO
Albanese has also flagged he will participate in a nationwide blitz campaigning for the yes vote, AAP reports.
The prime minister will hit regional centres such as Broken Hill and Port Lincoln, along with stops at Uluru, Melbourne, Adelaide, Perth, Hobart and Sydney.
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Rapper Briggs speaks to Full Story about why he’s campaigning for yes
On today’s Full Story podcast, Laura Murphy-Oates spoke to Yorta Yorta rapper Adam Briggs from the Now and Forever concert in the regional Victorian town of Shepparton.
She asked Briggs about why he is advocating for a yes vote, and about the power of comedy and community to counter misinformation.
This follows his viral video on the Indigenous voice to parliament:
You can listen to the full episode here:
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Sussan Ley says it will be ‘lose-lose’ whatever the voice result
Earlier, Indigenous leader and yes campaigner Noel Pearson said a no result in Saturday’s referendum would be a “travesty” and Australia may “never live it down”.
Prime minister Anthony Albanese also claimed that “some arrogance has crept into the no side campaign” when asked about polling.
But as AAP reports, deputy Liberal leader Sussan Ley argues the country would still have negative outcomes either way after the referendum.
She told Sky News:
It’s a lose-lose whatever the result is on Saturday.
It will be bad, divisive and unhappy for Australians the next day, so we do need to bring the country together.
It is just so important that the day after we come together as a country.
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Five men charged over plot to import cocaine through Sydney airport
Five men have been charged over an alleged plot to import 100kg of cocaine in the cargo hold of a passenger plane from South Africa.
In a statement the Australian federal police said all five men appeared in Parramatta local court yesterday and were remanded in custody to reappear on 30 November.
A 42-year-old man is alleged to be the primary Australian facilitator of the plot. A 62-year-old man allegedly coordinated the activities of two men working at Sydney airport as part of the operation.
A 55-year-old man and a 61-year-old man allegedly used their employment and access of freight handling operations at the airport to facilitate the removal of five large bags of cocaine from the cargo hold to a secure airside area.
These men then allegedly transferred the five bags to a car driven by a 24-year-old man outside the freight terminal.
All three men were arrested shortly after the alleged handover on Saturday afternoon.
The cocaine haul could have been sold as 100,000 individual street deals, police say, with an estimated street value of $40m.
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Paul Keating backs the voice, saying it will ‘drastically’ improve Indigenous outcomes
Less than a week out from the referendum, former prime minister Paul Keating has voiced his support for the Indigenous voice to parliament.
Writing in The Australian, Keating said an Indigenous voice would “drastically” improve outcomes. He said the idea of a voice has been tried, and “it worked big time”.
For this and a host of other reasons, I will be voting Yes on Saturday.
In his piece, Keating pointed to consultation employed over seven months between the commonwealth government and Aboriginal and Torres Strait Islander people in respect of Native Title.
That consultation began in the cabinet room on 27 April, 1993, and finished on 15 November, 1993, seven months later, on the day before, as prime minister, I introduced the Native Title Bill to the House of Representatives.
He said this consultation was the “very first episode of an Indigenous ‘voice’ speaking directly to the executive government on a matter materially central to Indigenous people”.
Last year, Keating – along with Noel Pearson – urged Labor not to postpone the voice referendum if it won government.
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Dental association warns payroll tax changes will cripple dentists
The Australian Dental Association (ADA) warns that changes to payroll tax law “slapped” on health practitioners, including dentists, will result in “thousands” of providers facing bankruptcy or passing significant price increases on to patients.
In a statement released this morning, the ADA says this represents the “single biggest threat to the dental profession and access to dental treatments for patients since the start of Covid”.
The ADA has written to premiers and first ministers in NSW, Victoria, SA, the ACT and the NT asking them to step in and grant dentists the same amnesty doctors have received.
But the ADA said it hasn’t received any noteworthy response. It said this will force many dental practices to either hike prices up considerably during the cost of living crisis, or face bankruptcy.
CEO Damian Mitsch is calling on state governments to “sit down at the table with us to negotiate a way out of this mess”.
Of course dentists want to pay their taxes – what they don’t want is the unwanted surprise of a backdated tax bill for five or six figure sums that could see them having to close down.
The dental peak body is also urging its 17,500 members to write to their local MP to push for the amnesty and stop any backdate which would cripple many businesses.
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Voice polling suggests yes still trailing in final run to referendum day
AAP has the latest polling results ahead of the Indigenous voice referendum day this Saturday:
Two surveys show the no campaign is still ahead a week out from referendum day despite one poll indicating a slight late gain in support for the yes vote in the past month.
Almost half of voters opposed the voice, 38% were in favour and 13% remained undecided, according to a Resolve poll conducted for the Sydney Morning Herald.
When allowed only a referendum-style yes or no answer, 56% of respondents opposed the change and 44% were in favour – with the latter up one point since September.
Tasmania was the only state with a majority of yes voters, the survey found.
A Newspoll indicated that the no side was backed by 58% while the support for ‘yes’ was at 34% and 8% were unsure.
The Newspoll of 1,225 voters registered a two percentage point dip for yes and a two-point increase for no since the previous survey two weeks earlier.
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Albanese says ‘some arrogance has crept into the no side campaign’
Anthony Albanese was also asked about polling for the Indigenous voice to parliament referendum while on ABC News Breakfast.
Asked if the yes campaign is “done” as polling shows support falling, the PM said:
Not at all. It’s only done when people cast their ballots.
Q: Why do you think Australians simply aren’t buying what you’re selling?
We’ll wait and see when they cast their vote. I’m not getting ahead of the Australian people.
I know there’s some arrogance has crept into the no side campaign, but it’s a campaign based upon fear and it’s similar to the sort of arguments that were put prior to the apology to stolen generations. And if people think about that … there weren’t any negative consequences for anyone.
Similarly, the marriage equality campaign, we had fears that people were going to marry bridges and all sorts of nonsense about that as well. Guess what? Giving people some extra say and some rights, that doesn’t take away from anyone else [and that] is what is proposed here.
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Albanese ‘concerned’ for Australians in Israel
The prime minister, Anthony Albanese, says the government is working on a 24-hour basis to confirm the welfare of any Australians caught in the Israel-Hamas war.
Speaking to ABC News Breakfast this morning, he said there was “constant contact” between Australian and Israeli officials:
We don’t have any further information to announce at this point in time, but obviously we are concerned, as is the whole world.
Albanese was asked if he echoed comments from foreign affairs minister Penny Wong that all parties should exercise restraint when it comes to protecting civilians:
Of course, civilians shouldn’t be targeted in this and, and that is what is so horrific about Hamas’ indiscriminate actions that took place.
Speaking of the war more broadly, Albanese said “Hamas bear[s] the responsibility for this”:
Of course, this was a shock attack that was obviously very well planned. And I think has shocked the world, the extent to which we haven’t seen for 50 years, since the Yom Kippur War.
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First day of phone ban in NSW schools
NSW government high schools will join government primary schools in enforcing a ban on mobile phones during school hours when Term Four begins today, AAP reports.
Victoria, Tasmania, South Australia, the Northern Territory and Western Australia already have bans in place while Queensland students will face one from next year.
The ACT is asking its residents for feedback on a possible ban.
NSW premier Chris Minns stressed the importance of the ban which will apply “across the board”. He said yesterday:
It’s essential to ensure that young people in particular can focus on the schoolwork in front of them and teachers have an attentive class.
An explosion in phone use in schools had coincided with declining test scores, he said.
He cited UK research that indicated schools with phone bans had better academic outcomes for 16-year-olds.
We cannot expect young people to focus on the academic work while they’ve got a phone pinging in their ear every other second.
The policy - a Minns government election pledge - will affect 320,000 students in 400 schools.
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Noel Pearson warns Australia may 'never live it down' if voice referendum fails
Less than a week out from the voice to parliament referendum, Indigenous leader and yes campaigner Noel Pearson says it is time to reflect on the “moral question” of the voice.
Speaking to ABC RN just before, Pearson said a no result would be a “travesty” and Australia may “never live it down”.
Pearson said a no result would form part of our history and when the nation looks in the mirror “we will see who we are, and it will not be a good picture for us”.
I’m very conscious that I’ve avoided talking about the moral dimension of this vote, but it is the truth. And Australians who approach the ballot box this weekend will need to contemplate that this is no ordinary vote … [it is a] critical, historical and ethical choice that we have.
Q: Is it a mistake then to leave the moral question so late?
The importance of the constitutional provision needed to be addressed. We needed to answer questions about the constitutional safety of what we’re doing and we’ve done that uphill and down now.
Pearson said “all of the aspects of the vote” from a constitutional perspective have been interrogated, so the moral question needs to be asked now.
Yes and no are not equivalent choices. Yes is of a different quality to no. Yes is moral choice, and no would be a travesty for the country and we will possibly never live it down.
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Treasurer releases consultation paper on superannuation changes
Consultations will begin today on changes about when superannuation must be paid, as the federal government looks to crackdown on super theft.
From 1 July 2026, super will need to be paid on payday, a change the government hopes will benefit the retirement incomes of millions of Australians.
The consultation paper, released Sunday night by treasurer Jim Chalmers and assistant treasurer Stephen Jones, says the changes will stop workers missing out on billions in unpaid super contributions.
In particular, the federal government says the changes will curb the amount of super lost when companies fail to pay an employee’s contribution and later go bankrupt.
The figure of unpaid super subject to insolvency, and unlikely to ever be paid out, stands at $1.1bn as of 28 February 2022.
Figures within the consultation paper estimates a 25-year-old median income earner could be about $6,000 or 1.5% better off at retirement with the switch to payday super.
Consultations with industry and stakeholders on the incoming framework will close on 3 November.
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Man killed in small plane crash in South Australia
A man has died and another is in a critical condition after a light plane crash in rural South Australia, AAP reports.
Emergency crews were called to Mumfords Road at Merriton, 170km north of Adelaide, about 4.10pm on Sunday after reports a light plane had struck power lines and crashed in a field.
The pilot, a 50-year-old Redhill man, suffered serious injuries and was taken to a local hospital before being flown to the Royal Adelaide hospital.
His passenger, a 24-year-old Redhill man, died at the scene.
Major Crash officers are investigating the circumstances of the crash.
Investigators from the Australian Transport Safety Bureau (ATSB) will join them at the scene on Monday to determine how the crash occurred.
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Dave Sharma on Australians in Israel: ‘I haven’t heard of anyone who’s been kidnapped yet’
Australia’s former ambassador to Israel, Dave Sharma, told ABC RN he has not heard of any Australian citizens being kidnapped as a result of the ongoing Israel-Hamas war:
I know a lot of Australians over there and a lot of Israelis as well who’ve all been hunkered down. I haven’t heard of anyone who’s been kidnapped yet.
The former MP also said that what we will see in the days and weeks ahead “is going to highly inflame public opinion”:
It will make it difficult for the Saudis to make the sort of diplomatic compromises … and it also make it difficult for Israel to be in a mood to make any sort of concessions to the Palestinians, and that was the only way an Israel-Saudi peace deal was going to be done. I think it’s almost certainly destroyed the prospects of that and it’s a very good question, whether that was the whole purpose of the operation.
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Top Victorian officials to front inquiry into Commonwealth Games cancellation
Top Victorian government officials tasked with delivering the 2026 Commonwealth Games will face a grilling before a state parliamentary inquiry, AAP reports.
The upper house inquiry into Victoria’s shock decision in July to cancel hosting the Games across five regional hubs will open public hearings on Monday.
Former chair of the now-defunct 2026 Games organising committee Peggy O’Neal and its ex-chief executive Jeroen Weimar are among the first officials listed to appear.
Other officials scheduled to front the inquiry on Monday include department of premier and cabinet secretary Jeremi Moule and former CEO of the government’s dedicated Games office Allen Garner.
Inquiry chair David Limbrick said the upper house committee would be seeking answers on the Games’ cancellation from those closest to the organising process.
We’ll be interrogating the advice provided to government, taking a sharp look at the governance, probity and procurement of this event.
An interim report is due to be handed to parliament by the end of April 2024 and a final report 12 months later.
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Good morning
And welcome to our rolling news coverage. I’m Emily Wind and I’ll be with you on the blog this morning. Here’s what’s making news:
The foreign affairs minister, Penny Wong, has told ABC RN that the Australian government is working with local authorities to confirm the welfare of Australians in affected areas of the Israel-Hamas war.
Wong said she spoke to Israel’s foreign minister, Eli Cohen, over the weekend and “expressed Australia’s support for Israel, our solidarity and our support for Israel’s right to defend itself”.
We are seeking to confirm the welfare of Australians in affected areas. We are working with local authorities, and I spoke also over the weekend to our head of missions, our ambassador in Israel and our head of missions in the Palestinian territories.
Meanwhile, AAP is reporting that top Victorian government officials tasked with delivering the 2026 Commonwealth Games will face a grilling before a state parliamentary inquiry today.
The Queensland health minister, Shannon Fentiman, has called on the federal government to consider scrapping restrictions that prevent most gay and bisexual men from donating blood. You can read more on this from my colleague Ben Smee here.
In environment news, scientists say they have discovered large flows of pollution are reaching the Great Barrier Reef after soaking into underground water. This finding could have implications for policymakers focused on cutting pollution from river catchments, Graham Readfearn writes.
And if you need a long-read for your morning commute today: take a look back at 50 years’ of the iconic Sydney Opera House.
With that, let’s get started.
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