Bombshell inquiry into Dural ‘terror' caravan referred to ethics committee
Local Government Minister Ron Hoenig slammed the Legislative Council inquiry during question time on Thursday morning as the government seeks to refer the terms of reference of the inquiry, established in March, to the Standing Committee on Parliamentary Privilege and Ethics.
The Legislative Council inquiry, chaired by independent MLC Rod Roberts, was established earlier this year following criticism over the passage of sweeping anti-hate and anti-protest laws in February after a spate of anti-Semitic attacks in Greater Sydney over the summer.
In January, police discovered an explosives-laden caravan in Sydney's northwest that Premier Chris Minns claimed could have resulted in a 'mass casualty event'. The Australian Federal Police later determined it to be part of a criminal conspiracy, sparking questions about who knew what and when.
Mr Minns last week expressed concerns that the parliamentary privilege of the Legislative Assembly, where he spoke about the caravan on March 18, might be infringed, including by the calling of key staffers as well as the 'observance of comity' between the two houses.
In his address, Mr Hoenig claimed the probe – launched by the Legislative Council, not the Legislative Assembly – 'breaches one of the bedrock of parliamentary democracy', which was the ability of either house of parliament to have exclusive control over its own members and debate.
'Broadly, what happens within parliament is a matter for control by parliament alone,' Mr Hoenig said.
'The prerogative of this House to set out the rules, conduct, and regulate its own affairs – its exclusive cognisance has not been disputed.
'That is why the resolution of the Legislative Council was so egregious.
'It expressly seeks to scrutinise the discourse of the House, the conduct of its members, be it backbencher or a member of the executive government, while undertaking the primary function entrusted upon them by their constituents which is to legislate.'
Mr Hoenig also warned that 'courts will never sit by idly and allow powers to be unconstrained if abused' but admitted 'certain principles have become diminished over time' that 'may well be as a result of the disagreements we have with the other place (Legislative Council)'.
The motion to refer the inquiry passed following a division 47 to 27.
Inquiry changes 'don't go far enough': Labor
On Wednesday night, Mr Roberts, moved amendments to the inquiry to 'narrow the focus on the passage of bills concerned through the Legislative Council', which Mr Hoenig said 'dismisses the very fundamental issue I have raised'.
Noting the amendments, Mr Hoenig said it was the House of Representatives 'and this House alone that will be arbiter of its actions and that of its members, whether they also be members of the executive or not' and Mr Roberts' amendments 'did not go far enough'.
Wahroonga Liberal MP Alister Henskens said the opposition was concerned about issues of privilege but would not support the motion following the amendments and instead claimed it was 'a transparent attempt to frustrate and delay the upper house inquiry'.
Mr Henskens also noted that the only remaining witnesses were executive employees, including ministerial staff.
'The terms of reference were intentionally changed to exclude any infringement upon the privileges of this House by reason of the terms of reference, and I think that's a very important matter which was not highlighted to members of this place in the address,' Mr Henskens said.
'So, the inquiry in the other place is essentially directed towards a very narrow scope. There's been no public submissions invited, and the scope of the inquiry is simply whom knew that the Dural caravan incident was not a mass casualty event and when did they not?'
Greens MP Jenny Leong did not say whether the party would support the referral but noted that if they did it would be 'critical' that the Legislative Council was not 'prevented from doing their work' and that the issues of privilege were 'probably dealt with by the amendments'.
If there was an 'unreasonable delay' to the inquiry, Ms Leong warned that 'it would raise further concerns and questions about whether this is being used as a way for the Premier and the executive to avoid and subvert the ability of the council to inquire into these matters'.
Speaker Greg Piper said the change of the terms of reference was 'not done on the basis of a change of view' but to advance an 'important inquiry' and agreed with the Greens that the inquiry would not be referred as a way of obstructing its progression.
'I say to the members of this House, this is an opportunity for us to actually examine the issue, the rights and privilege, the exclusive cognisance of the Legislative Assembly. And if we do not do it now, then we will no doubt be doing it again,' Mr Piper said.
'This is an opportunity to actually examine this and to make a stand as to the rights and privilege of the assembly.'
Mr Piper said he stood by his advice to Mr Minns when he was advised about the potential breach.
Last week, the inquiry heard evidence from key staffers behind the scenes at Mr Minns' office and at cabinet.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
13 minutes ago
- ABC News
Pokies giant Mounties accused of letting gamblers wager $140m in dirty money
The first licensed club group targeted by the nation's financial crimes intelligence agency is accused of turning over almost $140 million from 10 gamblers considered high risk of money laundering and counterterrorism financing. The Australian Transaction Reports and Analysis Centre (AUSTRAC) has published court documents related to its Federal Court case against Mounties, the operator of 10 venues across Sydney's south-west, North Shore, and the Central Coast. The documents reveal Mounties' network of about 1,400 poker machines had $4.17 billion fed through them over the four financial years from 2019 to 2023. AUSTRAC is alleging in the civil suit that Mounties systematically failed to meet its anti-money laundering (AML) and counterterrorism financial (CTF) obligations, citing a sample of 10 gamblers considered high risk. "Mounties served innumerable customers without adequate controls," the financial crimes intelligence agency alleged in the court documents. "The Sample Suspicious Customers alone had turnovers in excess of $139,855,108 and payouts in excess of $10,464,856. "As a consequence of Mounties' [alleged] contraventions of the Act, the Australian community and Australia's financial systems have been exposed to systemic [money laundering and counterterrorism financial] risk over many years." Mounties Group, registered as Mount Pritchard and District Community Club, declined to comment. However, it issued a statement last week. "We are reviewing AUSTRAC's Originating Application and Concise Statement, relating to alleged contraventions of our obligations to maintain a compliant program and conduct appropriate ongoing due diligence of customers under the Anti-Money Laundering and Counter-Terrorism Financing Act," it said. "We have been dedicating significant investment and resources to transform our AML/CTF capabilities since being notified by AUSTRAC of its concerns. Among the group's 10 venues is Mounties in Mount Pritchard, which consistently ranks as the licensed club with the most lucrative poker machines in NSW. AUSTRAC's chief executive, Brendan Thomas, said taking one of the most successful licensed clubs to court would send a message to other licensed clubs and hotels operating in the state. "This is the first time AUSTRAC has brought proceedings against a registered club. It is a chance for other pubs and clubs to check that they've got proper controls, that they understand what's happening in their own operations, and that they're doing everything they can to comply with the law," he said. More than half of the country's gaming machines are found in NSW. In the financial year ending in 2024, nearly 88,000 poker machines generated $8.4 billion in profit, according to a recent report from the state's auditor-general. The machines generated a further $2.3 billion in tax revenue. AUSTRAC provided a sample of 10 gamblers it considered high risk of money laundering or counter-terrorism financing in its court filing. It claimed they demonstrated at least one of the following markers of suspicious activity: Of the sample of 10 suspicious gamblers, AUSTRAC alleged Mounties identified eight of them and reported seven of them to the agency's chief executive. But it describes its compliance system as "not designed to enable Mounties to understand, recognise, identify, mitigate or manage the money laundering/terrorism financing risks posed". Mounties Group outsources its money laundering and counter-terrorism financing compliance program to Betsafe, a third-party used by other licensed clubs. Betsafe also declined to comment. AUSTRAC alleges Mounties' compliance program is not adequate to stop criminals from gambling with dirty money in its poker machines over four years. It also alleges Mounties customers could have engaged in a practice known as "bill stuffing," where cash is put into a poker machine only to be withdrawn as a cheque, with little or no game play taking place. Furthermore, it is alleged that customers could have paid other gamblers in cash for their winning vouchers, tickets, or credits; use multiple cashiers or terminals to avoid being observed by staff; and gain the trust of staff to get around being detected, or have to show their identification to collect their winnings. The civil case is before the Federal Court.
News.com.au
13 minutes ago
- News.com.au
Kiama MP Gareth Ward to fight expulsion attempt by Labor government in Supreme Court
Convicted rapist and sitting MP Gareth Ward will return before the Supreme Court in Sydney's CBD today as he fights attempts by the Labor-controlled state government to have him expelled from parliament. The Kiama MP was taken into custody on remand last week while awaiting sentencing after he was found guilty by a jury of three counts of indecent assault and a fourth count of intercourse without consent. The charges relate to acts against two young men – an 18-year-old at Meroo Meadow in 2013 and a 24-year-old man in Potts Point in 2015 – and sparked calls for the south coast MP to resign from parliament. A motion was expected to be introduced by Labor to the Legislative Assembly to expel Ward, with support from the Coalition earlier this week. If successful, it would mark the first expulsion from the NSW lower house since 1917. Instead, the matter was set down for a full-day hearing at the Supreme Court after an 11th hour injunction was applied for by Ward's lawyers, who argue the state parliament does not have the power to expel him. The last-minute legal move makes it almost impossible to expel Ward, who is still being paid by parliament and is the current member for Kiama, before the Legislative Assembly adjourns until next month. Leader of the House Ron Hoenig earlier in the week said the court did not have the authority to stop matters being but before legislators, but that the state government would abide by the injunction out of respect. The matter sets the stage for a peculiar legal challenge. Premier Chris Minns told 2GB on Tuesday morning most people would 'appreciate it's an unconscionable situation to have someone who's currently sitting in jail in Silverwater convicted of serious sexual offences who is demanding to remain a member of parliament and continue to be paid'. Asked why Ward had not resigned, Mr Minns said 'clearly, he's got no shame'. Opposition Leader Mark Speakman said that, if the government was prepared, they could resume 'in the interim with a small quorum of MPs'. 'We would be willing to do that. It would be possible, for example, to have just 20 MPs, the quorum deal with the matter,' he said. Mr Speakman said 'As a general principle, we are supporting the government's efforts in court. 'That includes as a general principle the arguments that it's putting in court and the outcome that it seeks, which is that the injunction is lifted and the parliament can proceed to expel Mr Ward.' The injunctive orders issued by the court, 'pending further order', restrain the defendant, Mr Hoenig, from 'from taking any steps to expel or otherwise resolve to expel' Ward between July 30 and 10am on Friday.
ABC News
43 minutes ago
- ABC News
Community campaigns to protect reef by extending boundaries of Victoria's smallest marine park
A dip in what's known as The Crystals, on the eastern side of one of Melbourne's most popular bay beaches, is a daily ritual for sisters Fiona Lloyd and Kate Robinson. From seagrass beds, seahorses, stingrays and juvenile marine creatures, the pair, who call themselves the "Snorkel Sisters", document their discoveries online in the hope of increasing people's awareness. The sisters are also part of a community push to protect The Crystals at Williamstown beach by campaigning to expand the boundary of the Jawbone Marine Sanctuary — just a few hundred metres away. More than 3,600 people have so far signed a petition calling for the expansion. The group is hoping for what they call a modest increase of the Jawbone's footprint to better protect The Crystals, which they believe is under-appreciated and under threat from rubbish dumping, overfishing and fishing waste including abandoned lines and hooks. "We are petitioning to extend [the sanctuary] because it's such a small area," Ms Lloyd said. "Sometimes you will see things like stingrays or banjo sharks that are stuck [in the Crystals] and sometimes they are still alive and they are just stuck on the bottom — that's pretty heartbreaking. "A lot of the animals that are found here aren't found anywhere else." Victoria has 11 marine sanctuaries, which are smaller than marine parks but have similar restrictions around fishing and rubbish dumping. Covering just 30 hectares, The Jawbone is the state's smallest. It packs in rocky basalt reef, seagrass beds, saltmarsh and the largest area of mangroves in Port Phillip Bay. Deakin University Professor of Marine Biology and Aquaculture Tim Dempster described the marine sanctuary as small but mighty, punching well above its weight. "It does a great job." Mr Dempster agrees The Crystals would have similar biodiversity values to that of Jawbone, but acknowledged while the group may have an argument in expanding its boundaries, there was tension around its shared use. "There is probably a little bit of conflict there over the use of that area; there are others who like to use [the Crystals] for spear fishing and abalone collecting," he said. "They may have a case just on the fact that it's a very heavy use area … and based on community values that it is a special area." "It's not as complicated as creating a whole new marine park, so it's in the bounds of possibility, but there would be quite a bit of community consultation that would have to happen." He also said the larger a marine park, the better it is at protecting what's inside. Local swimmers who regularly use The Crystals are worried about safety and interactions with some fishers. Jason Bryce has been swimming in the area for 15 years, and instigated the petition. "We're concerned about spearfishing in particular and some of the less responsible line fishing," he said. A state government spokesperson and the Victorian Fisheries Authority (VFA) did not respond to questions about whether the expansion would be considered. But VFA said it encouraged all fishers to do the right thing and dispose of line and gear responsibly, no matter where people were. While Mr Dempster believes there are hurdles in getting the concept over the line, he would like to see government consider a review of how all Victoria's marine parks and sanctuaries are faring. With Australia now a signatory to a global target to reach 30 per cent protection of marine areas by 2030, he said it was particularly important with Victoria lagging behind. "We are roughly at about 12 per cent in terms protecting coastal space and that's a lot lower than many other places in Australia and globally," he said. "[And] It was almost a quarter of a century ago since we last looked at the marine park situation in Victoria.
