THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has recommended the Parliament pass, with amendments, a new Extended Supervision Order (ESO) scheme and interim supervision orders to better protect Australians from high-risk terrorist offenders (HRTO) who are due to be released into community after serving their custodial sentence.

In its Advisory report on the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 tabled on Thursday, the PJCIS made 11 recommendations in relation to the Bill, including recommendations to improve clarity and guidance on the operation of the scheme.

The new ESO scheme would address the current interoperability between control orders and continuing detention orders by enabling a State or Territory Supreme Court to impose any conditions that are reasonably necessary, and reasonably appropriate and adapted, to protect the community from the risk of a serious terrorism offence.

The Bill has been introduced to broaden the tools available to address the risk posed by convicted terrorist offenders and strengthen Australia’s counter-terrorism framework.

There are currently a number of convicted terrorists due to be released into the Australian community between now and the expiry of their custodial sentences in 2025.

Chair of the Committee, Senator James Paterson, said, “The committee recognises that many high-risk terrorist offenders who are due to be released from prison may still pose an unacceptable risk to the community.

“The new Extended Supervision Order scheme and interim supervision orders will give law enforcement the tools to manage and monitor the ongoing threat that a terrorist offender may pose to the community following their release from jail,” Senator Paterson said.

Australia’s Terrorism Threat Level was raised to ‘Probable’ in September 2014. Social isolation during the COVID-19 pandemic and increased access to online material has increased the reach of extremist propaganda.

“An ESO scheme will enable law enforcement to tailor orders proportionate to the threat of each offender and should be swiftly passed by the parliament,” Senator Paterson said.

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

A HIGH COURT legal challenge to Victoria's controversial electric vehicle tax by two drivers will argue that the State of Victoria lacks the constitutional power to levy a road user charge on electric vehicle drivers.

The case was filed today on behalf of the drivers by Equity Generation Lawyers. In July 2021, the Victorian Government introduced a new tax which charges electric vehicle drivers between 2 cents and 2.5 cents for every kilometre they drive.

Melbourne father and nurse manager Chris Vanderstock, one of the drivers bringing the case who uses his car for his daily work commute, said he had additional concerns to the constitutional validity of the laws.

“Instead of taxing clean technologies, the Victorian Government should be concentrating on getting dirty cars off the road,” Mr Vanderstock said. 

“Electric vehicles are cleaner and improve health and climate outcomes for everybody. Why is the Victorian Government taxing electric vehicles when they have a demonstrable health benefit?"

Melbourne mother and engineering consultant Kathleen Davies, the second electric vehicle driver mounting the High Court challenge, said she bought her first electric vehicle in 2012 to help reduce her family’s environmental impact. 

“Not only are electric vehicles better for the environment, they are also cheaper to run,” Ms Davies said. 

“Electric vehicles are becoming more affordable every year but this tax is a backward step for people wanting to transition to a cleaner and more economical car. 

“Victoria’s electric vehicle tax is fundamentally flawed and impractical. It punishes electric vehicle drivers and discourages the urgent need to decarbonise.” 

Jack McLean, lawyer for the drivers, said his clients would argue that the State of Victoria lacked the constitutional power to levy the tax.

"In addition to the validity of the tax, our clients are concerned it's also bad public policy,” Mr McLean said. 

“It discourages everyday Australians from switching to lower emission vehicles, prolonging our dependence on polluting oil. 

“It’s bad for Victorians, it’s bad for the climate and we will argue that it is unconstitutional”. 

Interested people can join a crowdfunding campaign to support the High Court challenge at: https://chuffed.org/project/evtax

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THE Smart Energy Council – an independent peak national body for the solar industry – has welcomed the Australian Government’s review of the Small-scale Renewable Energy Scheme (SRES) released today.

John Grimes, chief executive of the Smart Energy Council, said, “Australians love solar and have voted with their rooftops. They deserve good quality solar, installed by good quality installers.

“The reforms proposed by the Australian Government will help ensure Australian families are looked after as they slash their power bills with solar.

“The Smart Energy Council has long called for a single regulator for the Australian Government’s solar scheme. We totally support that recommendation.

“The Smart Energy Council also welcomes proposals for increased sampling and testing of solar PV components and increased accountability for solar retailers.

“The Smart Energy Council looks forward to working with the Clean Energy Regulator and the Australian Government in implementing these reforms.”

You can find the review report here and the government response here.

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has tabled its Annual Report of Committee Activities 2020-2021 and made five recommendations to improve the framework within which it performs its oversight functions of national security and intelligence matters.

During the 2020-2021 year the committee undertook 26 inquiries and tabled 13 reports.

Chair of the committee, Senator James Paterson said, “The national security challenges facing Australia are unprecedented. The committee has the greatest workload it has ever faced as the challenges of foreign interference, espionage, terrorism and cyber security remain.

“Members of the PJCIS take seriously their important responsibilities ensuring accountability and providing oversight of our security and intelligence agencies, as well as making sure the dedicated men and women of the national intelligence community are well-equipped to respond to the challenges Australia faces," Senator Paterson said.

The committee has recommended reviewing the Intelligence Services Act 2001 which binds the committee at the commencement of the next parliament to ensure it remains fit for purpose and allows the committee to complete its work in a timely and efficient manner.

Further information on the functions and role of the committee as well as a copy of the report can be obtained from the committee’s website.

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THEHouse of Representatives Standing Committee on Economics will hear from Australian and international experts and other key stakeholders about common ownership and capital concentration at a public hearing on Thursday, September 16, 2021.

Committee Chair Tim Wilson MP said, "This will be an opportunity for the committee to hear from some of the world’s foremost experts on this subject matter. The committee hopes to gain a deeper understanding of the issues at hand and how Australia’s experience compares internationally.

"Common ownership and capital concentration threatens competitive markets as Megafunds buy up the ASX and other assets, and they are gaining pace, this week we have seen a collaborative consortium seek to buy Sydney Airport and displace other investors.

"The committee will seek the views of experts on the extent that this issue undermines market competition in Australia and what measures government can take to mitigate any negative impact." Mr Wilson said.

"Our recent hearings with regulators confirmed they’re alive to the risk, and that there are serious concerns about when investors collude driving poorer returns for other investors and competitive markets to extract better returns for themselves, but not consumers," Mr Wilson said.

The full Terms of Reference for the inquiry into common ownership and capital concentration are available on the committee’s website.

Public hearing details

Date: Thursday, 16 September 2021
Time: 9am to 4.45pm

A program for the hearing is available on the committee’s website.

Due to health and safety concerns relating to the COVID-19 pandemic, this hearing is not currently scheduled to be open for public attendance. Interested members of the public will be able to view proceedings via the live webcast at aph.gov.au/live.

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THE NSW Court of Appeal today upheld the decision to refuse the Bylong Coal Project.

The decision comes two years after the NSW Independent Planning Commission (IPC) first rejected the 6.5 million-tonnes-per-year greenfield coal mine, calling the greenhouse gas emissions from the project ‘problematical’.  The Bylong Valley, near Mudgee in central western NSW, is known for its scenic beauty and fertile agricultural land.

Environmental Defenders Office (EDO) client, the Bylong Valley Protection Alliance (BVPA) has fought long and hard against the coal project proposal by Korean company KEPCO, opposing the plans before the IPC, the NSW Land and Environment Court and at last month’s hearing in the Court of Appeal.

KEPCO has been ordered to pay BVPA’s costs. 

EDO managing lawyer Rana Koroglu said, "This is the third time this destructive and climate-wrecking coal mine proposal has been defeated – first in the Independent Planning Commission, then in the Land and Environment Court, and now in the NSW Court of Appeal.  It’s time for the proponent KEPCO to walk away.

“The most recent Intergovernmental Panel on Climate Change (IPCC) report delivered a ‘code red’ for humanity on climate. It’s clear we cannot afford to develop more greenfield coal mines at a time when the world needs to rapidly reduce greenhouse gas emissions. The South Korean Government, a majority stake owner in KEPCO, has recently committed to increasing its emissions targets to a 40 percent reduction by 2030. 

“Our evidence before the IPC hearing was compelling and robust. We presented testimony from over a dozen expert witnesses and put the latest scientific evidence before the Commission.

"The IPC made its decision based on that evidence, finding that this coal mine is not in the public interest. Two subsequent appeals have thoroughly tested and supported the IPC’s decision to refuse the mine.

“We are delighted for our clients, the Bylong Valley Protection Alliance, who have once again successfully argued for the rejection of this mine and defended their beautiful valley."

Background

In September 2019, the NSW Independent Planning Commission found the Bylong Coal Project was contrary to the principles of ecologically sustainable development, cited impacts on groundwater, climate, agricultural land and aesthetic, scenic, heritage and natural values in its Statement of Reasons for the refusal.   

Acting for the Bylong Valley Protection Alliance, EDO lawyers had presented the Commission with expert evidence, including on the mine’s climate change impacts. In its Statement of Reasons, the Commission said the greenhouse gas aspects of the project were ‘problematical’. 

KEPCO applied for judicial review of the decision in December 2019.  While the IPC declined to defend its decision on the basis it may compromise its impartiality, in May 2020 the Bylong Valley Protection Alliance successfully applied to become a full party to the judicial review, represented by EDO.

The judicial review was heard in the NSW Land and Environment Court in August 2020 and in December 2020, KEPCO’s appeal was rejected.

A further appeal against the NSW Land and Environment Court decision was lodged by KEPCO in March 2021 and was heard by the NSW Court of Appeal on 25 August 2021. 

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UNIVERSITY staff will launch a week of action as a new report lays bare the devastation of COVID in tertiary education, with close to one in five staff losing their jobs in 2021.

The Centre for Future Work analysis, An Avoidable Catastrophe: Pandemic Job Losses in Higher Education and their Consequences, shows universities and the broader tertiary sector have lost more jobs in the last 12 months than any other non-agricultural sector in the economy.

In that period, over 40,000 tertiary education workers lost their jobs across the country. Over 60 percent of the jobs lost were held by women.

University job losses have been much worse this year than in the first year of the pandemic. An estimated 35,000 job losses were lost at public universities. More jobs disappeared  at TAFEs and other public vocational education institutions.

“This report details the wholesale job destruction at our nation’s universities and the future consequences of the Federal Government just letting this sector drift,” NTEU national president, Alison Barnes said.

“It is now incumbent on vice chancellors to step up and secure jobs and careers. The pandemic must not be an excuse for further casualisation and wage theft.

“The Federal Government must also finally play its part. A $3.75 billion support package would allow universities to recover those lost jobs. Compared to other Commonwealth expenses during the pandemic (including the $70 billion JobKeeper program, which arbitrarily excluded universities), this is a modest and necessary investment," Dr Barnes said.

“Every day I talk to early career academics in their 20s who rely on marking and tutoring work to supplement their PhD stipends so they can become the medical and engineering researchers of tomorrow. We are losing a generation of researchers and teachers. It’s an incredible brain drain.

“But worst of all, future students will miss out on a gold standard education system in which to thrive. That’s despite politicians telling us again and again that high-quality education and research is the most important human resource we have in this country.

‘How can Australian Universities drive a national economic recovery if they are being drained of expertise and talent?

“This report finds job losses are getting worse, not better, as we go further into the epidemic," Dr Barnes said.

“People forget universities were deliberately excluded from last year’s JobKeeper package – so this year’s layoffs are like getting kicked when you’re down."

Around the country tertiary education staff will be meeting and organising their response to the national crisis in education. Find out more here.

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THE Joint Select Committee on Road Safety will hold a public hearing for its Inquiry into Road Safety on September 13, 2021. As this will be the first hearing for the inquiry, the committee will hear from Commonwealth agencies and research organisations about key issues facing the road safety sector, as well as about current and proposed initiatives to improve road safety outcomes.

Part of the committee’s mandate is to build on the work of the previous Joint Select Committee on Road Safety. The committee will therefore use this first hearing as an opportunity to discuss the implementation status of the previous committee’s recommendations, and to examine the progress that has been made towards improving road safety outcomes since the previous committee tabled its report in October 2020.

New Committee Chair, Darren Chester MP, said, "While we are focused on working together towards zero deaths and serious injuries on Australian roads by 2050, this inquiry will consider in particular practical steps that can be taken in the short to medium term to reduce trauma and deaths on our roads.

"This hearing will be an important first reference point for the committee, and an opportunity to examine the state of play in the road safety sector by hearing from Commonwealth agencies and research organisations about key issues and potential solutions’.

Public hearing details

Date: Monday, 13 September 2021

Time: 10am to 5pm
Witnesses: 

Department of Infrastructure, Transport, Regional Development and Cities

Office of Road Safety

Austroads

International Road Safety Assessment Programme (iRAP)

Centre for Automotive Safety Research, University of Adelaide

Australasian College of Road Safety

Accident Research Centre, Monash University

Transurban Road Safety Centre, Neuroscience Research Australia (NeuRA).

Due to health and safety concerns relating to the COVID-19 pandemic, the hearing will be held remotely via videoconference and will not be open for public attendance. However, interested members of the public will be able to view proceedings via the live webcast at aph.gov.au/live

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