Ben Roberts-Smith’s final appeal bid rejected by high court – as it happened

Key events

Show key events only

Please turn on JavaScript to use this feature

What we learned: Thursday 4 September

It’s time to wind down our live news coverage for the day. Here’s what has been keeping us busy on the last sitting day of parliament:

A bill to strip basic legal protections from the noncitizens it plans to deport to Nauru and retrospectively validate visa decisions made before the high court’s NZYQ ruling has passed the Senate. But just who is within the NZYQ cohort? And are they all violent criminals, as some politicians have claimed? Read our fact-check here. The Asylum Seeker Resource Centre said the bill was “Trump-style” and “sends a devastating message” to migrant and refugee communities across Australia.

The high court will not hear an appeal by Australia’s most decorated soldier, Ben Roberts-Smith, ending a seven-year challenge of news reports that labelled him a war criminal.

Former Victorian premier Dan Andrews responded to widespread criticism over his high-profile attendance at yesterday’s massive military parade in Beijing.

The commonwealth has agreed to pay $475m in additional compensation to robodebt victims in the largest class action settlement in Australian history. The former Labor minister and University of Canberra vice-chancellor, Bill Shorten, said the robodebt class action settlement “closes a dark and shameful chapter in Australian public administration”.

The leader of the opposition, Sussan Ley, rejected claims from Senator Jacinta Nampijinpa Price that federal Labor was promoting migration by specific ethnic groups, including Indians, to grow its electoral support. Julian Hill, meanwhile, called Nampijinpa Price’s comments “bonkers”.

Thank you all, as ever, for joining us. We’ll be back bright and early with more breaking news.

Updated at 09.45 CEST

Nampijinpa Price’s comments on immigration ‘bonkers’: Labor MP

Julian Hill says Jacinta Nampijinpa Price’s ABC interview yesterday, in which she suggested Labor’s immigration policies garnered left-leaning Indian Australian voters – comments she later walked back – was “bonkers”.

The Labor MP told Afternoon Briefing a short time ago:

It was absolutely bonkers. It was incoherent. It was all over the shop.

There were literally racist tropes being spread, suggesting that all people of a particular race vote one way, as if they’re Daleks with one brain cell. That is racist. It’s offensive.

I’ll tell you the data: Australians of Indian heritage are more likely to be employed than your average Aussie. They work two jobs. They work hard, they contribute, just like generations of migrants before, and many of them were born here, as were their parents and their grandparents.

The member for the south-eastern Melbourne seat of Bruce, Julian Hill. Photograph: Mike Bowers/The GuardianShare

Updated at 09.28 CEST

Robodebt settlement a ‘meaningful’ outcome, Shorten says

Bill Shorten, the former NDIS minister, says today’s historic robodebt settlement is “meaningful”.

Speaking with the ABC a short time ago, he said:

I’m not going to pretend that it’s the best outcome. The best outcome is that the law was never broken by the previous government. But as the second best outcome, it is meaningful. I’m not going to pretend everyone is happy. I’m not going to pretend that it captures all the pain and suffering, but it is meaningful.

On a different subject, he said those who marched with neo-Nazis on Sunday had “already lost the argument”.

When you’re marching with Nazis … you’ve already lost the argument.

I don’t like Nazis full stop … and if they’re marching alongside you, then [your message] is going nowhere fast.

Updated at 09.17 CEST

Liberal party MPs’ criticism of Dan Andrews continues

The former Victorian premier may have attempted to explain away his controversial attendance at yesterday’s Beijing military parade – see below post – but the criticism continues to roll in.

Speaking on the ABC just now, Senator Dave Sharma said “we need to draw a distinction between Dan Andrews visiting China and then Dan Andrews … attending a military parade in China”:

I’ve got no problems with Dan Andrews making a visit to China. I’ve got no problems with commercial engagement with China. But I think, as Bob Carr himself recognised – and decided not to attend – attending this sort of military parade, which was a show of might, which was clearly … intended to send a strong message to the western alliance system in countries like Australia, which was attended by a whole group of leaders from countries who are basically committed to overturning the order that we seek to preserve: That sends a very bad signal if you’re a former Australian leader of any calibre.

Senator Jane Hume meanwhile told Afternoon Briefing the photo-op was “not a good idea. It’s not a good look. You’re standing beside dictators and despots. This is not great for Australia’s reputation to be standing with Vladimir Putin and Kim Jong-un.

Why would you consider doing it? I think it’s an extraordinarily appalling lack of judgment on Dan Andrews’ behalf. And you know, quite frankly, I cannot understand why the prime minister hasn’t condemned him.

Updated at 09.01 CEST

Dan Andrews: ‘A constructive relationship with China is in Australia’s national interest’

Former Victorian premier Dan Andrews has responded to widespread criticism over his high-profile attendance at yesterday’s massive military parade in Beijing.

In a statement, he said:

I was invited to Beijing for the 80th anniversary of China’s victory over Japan in World War II. I’ve said for years that a constructive relationship with China – our largest trading partner – is in Australia’s national interest and hundreds of thousands of Australian jobs depend on it. That hasn’t changed.

It was a chance to meet and engage with regional leaders – like former New Zealand Prime Ministers John Key and Helen Clark, Malaysian prime minister Anwar Ibrahim and of course Chinese President Xi. We also shared in an official photograph.

And just so there’s no confusion – I have condemned Putin and his illegal war in Ukraine from day one. That’s why he banned me from Russia last year.

Further, my support for Israel and Australia’s Jewish community has been outspoken and unwavering, and I unequivocally condemn Iran for its attacks on Australia, Israel and elsewhere around the world.

High court scuttles Ben Roberts-Smith’s final appeal bid

The High Court will not hear an appeal by Australia’s most decorated soldier, Ben Roberts-Smith, ending a seven-year challenge of news reports that labelled him a war criminal.

The former special forces soldier had appealed his 2023 Federal Court loss after he sued Nine Newspapers for defamation over reports claiming he was complicit in the murder of four unarmed civilians in Afghanistan, AAP reports.

Roberts-Smith disputed Justice Anthony Besanko’s findings that the allegations were substantially true, arguing that was not backed up by sufficient evidence for such serious claims.

On Thursday, Australia’s highest court refused the former soldier’s application to appeal the Federal Court of Appeal ruling.

It came on the same day the recipient of Australia’s highest two military honours – the Victoria Cross and Medal for Gallantry – was ordered to pay a lump sum of Nine’s legal costs for the unsuccessful Federal Court appeal.

Updated at 08.27 CEST

Jonathan Barrett

Rip Curl owner flags store closures

The owner of major brands including Kathmandu and Rip Curl will close 21 stores as part of an overhaul of the business amid weak sales and a depressed share price.

KMD Brands told shareholders today the changes were part of a $25m “cost reset program”, referring to cost cuts. The company, which has a global network of stores, did not disclose the location of the outlets it intends to close.

Shares in the listed company are down more than 50% over the past year amid a challenging time for many retailers facing strong competition from online retailers.

The KMD chairman, David Kirk, said:

We believe KMD Brands is materially undervalued by the market.

Over the last 18 months we have deliberately made significant executive team changes to enhance the core capabilities of the group.

KMD owns and licences hundreds of stores around the world, selling its well-known surf and hiking products. It also owns footwear brand Oboz.

Updated at 08.23 CEST

Bill Shorten: Robodebt settlement closes ‘dark and shameful chapter’

The former Labor minister and University of Canberra vice-chancellor, Bill Shorten, says the robodebt class action settlement “closes a dark and shameful chapter in Australian public administration”.

Former Labor leader and new vice-chancellor of the University of Canberra, Bill Shorten. Photograph: Lukas Coch/AAP

In a statement, Shorten said the outcome was “historic”. He continued:

While no court process can erase the pain inflicted, it does offer long-overdue recognition for the hundreds of thousands of Australians who were unfairly targeted, harmed and demonised.

Along with Gordon Legal when we started the class action in 2019, I said that Robodebt was unlawful, unjust, and unconscionable … Today’s outcome shows that those warnings were right – and that governments must never again put expedience ahead of justice.

Governments of all persuasions must commit to never again outsourcing morality to machines or allowing administrative convenience to override human rights.

He said the University of Canberra was home to many students, staff, and alumni whose lives were touched by the policy.

I want them to know that their experiences matter, that they have been heard, and that institutions must learn from these mistakes … Accountability is not optional – it is the cornerstone of trust in government.

Attorney general says independent bill to criminalise child sexual abuse AI tools will be given due consideration

The independent member for Curtin, Kate Chaney, asks the attorney general whether Labor will support her bill to criminalise AI tools designed to create child sexual abuse material.

Frontline police are being overwhelmed by the increasing scale and depravity of child sexual abuse driven by AI tools … The government has a crackdown [on] nude apps which is a part[ial solution]. We need action.

Michelle Rowland says some of the technology is “of great concern” and is particularly harmful for young people. She says Chaney’s bill will be given “due consideration” by the government.

This is precisely the reason why this government, in the last term, brought forward the statutory review of the online safety act by a year … we have announced that we will take steps in relation to these apps which have no place …

When we consider criminal sanctions, they of course require careful consideration and discussion between states and territories, and I can confirm to the member that this has been openly discussed at the first meeting of the standing Council of Attorneys General which met only a couple of weeks ago.

Updated at 07.05 CEST

Coalition continues pressure over Andrews

The prime minister is again questioned on former premier Daniel Andrews’ ties to the Chinese Communist Party – this time by the member for Herbert, Phillip Thompson.

There is dispute over the framing of the question, which initially asked whether Anthony Albanese was aware Andrews hadn’t disclosed his engagement on the foreign influence transparency scheme register if he would “immediately write to his close personal friend and former flatmate seeking his immediate compliance with the register”.

Thompson removes his reference to Andrews being a “close personal friend” and “former flatmate” of the PM.

Albanese says “everyone should comply with the law”.

It’s as simple as that. Everyone should comply with the law … This is a rather bizarre question that they’re going down.

Updated at 07.08 CEST

Aly says Labor stands with Indian Australians ‘as we always have’

The minister for small business and multicultural affairs, Anne Aly, uses a dixer on social cohesion to indirectly call out Senator Jacinta Nampijinpa Price for her comments on Wednesday – which she has since walked back – that federal Labor was promoting migration by specific ethnic groups, including Indians, to grow its electoral support.

As long as we treat people with gritted-teeth tolerance instead of mutual respect, our social cohesion will remain fragile.

Over this week I have spoken to members of our Indian diaspora, and they’ve told me that they did not feel safe and they did not feel secure after the rallies that we saw on Sunday. And they’ve also told me that comments by some political leaders have exacerbated their fear and shattered their sense of security.

I want to say to Indian Australians, this is our message. You do not have to justify your belonging in this country … We stand with you as we always have.

When the immigration of Lebanese Australians was described as a mistake, that was wrong. When the African Australian community were unfairly stereotyped, that was wrong. When the Chinese Australian community were accused of being spies, that was wrong. And the scapegoating of Indian communities designed to undermine their sense of safety and belonging is wrong.

Updated at 06.52 CEST

Bowen declares ‘we will have regard to the science’ in setting 2035 emissions reduction goal

The independent member for Bradfield Nicolette Boele asks a question of the climate change and energy minister. Action on climate change was a large part of Boele’s campaign to narrowly unseat the Coalition from Bradfield.

We need an emissions reduction goal [to] go high says the science, that’s your role. Will the government have ambition [and] take a 75% position or side with the sellers of coal?

Chris Bowen says the Climate Change Act requires the government to receive the advice of the Climate Change Authority before setting a target, which he will take into account for Australia’s 2035 goal.

It’s a matter of law. The law also requires the Climate Change Authority to have regard to the best available scientific knowledge … I must take account of that advice in setting the targets. And I am also able to take into account other factors such as the economic impact and the social impact of the target we set …

We will have regard to the science as we’re required to under the law and frankly as we are required to morally.

Updated at 06.49 CEST

Source

Visited 1 times, 1 visit(s) today