Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment, Senator Wong. Last month, in one of the most scathing Federal Court judgements in memory, Justice Natalie Charlesworth found: that the actions of the Environmental Defenders Office and its team were severely lacking in integrity; that they distorted, misrepresented and confected evidence; and that they manipulated and coached a number of traditional owners in the Munkara and Santos case. Especially after all of the warnings that the government was given about the problems, including green lawfare and the social and economic devastation that it would trigger, does the Albanese Labor government finally now concede that its October 2022 budget decision to supply $8.3 million to the EDO was a terrible, terrible waste of taxpayers' money?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you to Senator Duniam for the question. Justice Charlesworth's comments speak for themselves.

Well, Senator Whish-Wilson, I don't think anybody, regardless of their political persuasion, can suggest that some of the actions which were commented on by the judge are appropriate. So I do take that view. I understand that the minister has written to the CEO of the EDO, making clear that the expectation is that the office act ethically and professionally, and that the minister has asked her department to ensure that the EDO's conduct is in accordance with their grant agreement.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam, a first supplementary question?

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

A slap on the wrists! During question time on 28 November last year, Minister, you responded to my question on the fact that the EDO was engaging in claim farming and was exploiting consultation processes by saying that, if it was the case:

… they should be brought to the attention of the legislature and the executive.

Minister, the legislature was bypassed in the approval of funding for this organisation and the judiciary has slammed, as you've just mentioned, the EDO's dreadfully unethical practices. So I ask the executive, through you: will the government now cease funding this terrible organisation?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Again, I simply refer back to my earlier answer, which is that I am advised that the minister has asked the secretary of her department to ensure that the EDO's conduct is in accordance with their grant agreement. Obviously the government will receive that advice and the government will consider that and the matters to which you referred.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Duniam, a second supplementary question?

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

This organisation is holding up dozens of projects, putting at risk thousands of the jobs of hardworking men and women across the country. Will the minister inform the Senate and Australians as to why this government won't cut funding to this organisation now?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I have responded previously on the principle of why grants are made to legal organisations—

Hon. Senators:

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order across the chamber! The minister is on her feet answering Senator Duniam's questions, and there's chatter across the chamber. I've asked you to come to order. Minister, do you have more to say?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, yes. I have responded previously, Senator Duniam, to your earlier questions prior to this case about the principles which underlie the government funding an organisation, whether or not we agree with the organisation, in a system where there is the rule of law that enables appropriate actions to be considered. Obviously, what we have now is a judgement with some substantial criticism of the EDO by Justice Charlesworth, and, as I've informed the Senate, the minister has asked her department to provide advice about whether or not the EDO's conduct is in accordance with the grant agreement. (Time expired)