Dear Grata Community,

Welcome to our very first edition of The Verdict, our new monthly email newsletter bringing you scannable news, updates, and bite-sized analysis from the intersection of law, democracy, and social change. We hope you enjoy!

Justification for FOI wind back misrepresents Robodebt. Speaking of democracy - who remembers when the Albanese Government promised us all more integrity in their bid for election? Well, we do, and it stands starkly at odds with their recent attempt to wind back FOI laws and codify more secrecy. What's more - the premise for the changes are highly questionable, involving non-existent bots and a misrepresented Robodebt Royal Commission recommendation.

The bill has been near-universally slammed by civil society (including us) in a recent Senate Inquiry, and could face headwinds in the Senate. We’ll be doing our utmost to ensure it does.

Alarming "override power" buried in the detail of proposed nature laws. Debate over Labor’s proposed overhaul of the EPBC Act has rightly centred on its likely negative impact on the environment. However, that's not all we should be worried about. The Government is seeking to give itself an override power, allowing a minister to greenlight a project even if it clearly breaches the EPBC Act, so long as it is deemed by the minister as being in the "national interest.” The draft laws allow leave this national interest test entirely at the minister's discretion, contributing to a worrying trend toward executive overreach.

Claims of “green lawfare” debunked. Arguments that public interest groups are increasingly using tactical litigation under the EPBC Act have been cited to justify repealing the Act’s extended standing provisions. However, there is no empirical evidence supporting this, and in fact only 0.3% of EPBC approvals are challenged in court, according to research by ANU.

Warmest wishes to you,

Isabelle Reinecke, Executive Director at Grata Fund

The Latest at Grata

Here's what we've been 

up to.

• Protecting our right to know: Grata has been collaborating with civil society partners to ensure the government’s new FOI bill has no pathway to becoming law. We made a submission to the recent Senate Inquiry, have joined an open letter from civil society calling for the bill to be withdrawn, and are working with journalists to highlight their opposition to the changes.
  
  
• Supporting remote renters to challenge rent hikes in the High Court. The High Court has heard a long-running matter challenging the legality of the Northern Territory’s much-criticised ‘remote rent framework’, which saw rent increases of up to 200% in remote NT communities. The case is brought by community members from Laramba and Gunbalanya supported by Australian Lawyers for Remote Aboriginal Rights and Grata Fund
  
  
• Standing with Uncle Pabai and Uncle Paul as they consider an appeal. The Uncles have been busy working with their legal team at Phi Finney McDonald to explore options for appeal in their landmark duty of care negligence case against the Commonwealth. Stay tuned for more news on this very soon.
  
• Backing an NT community to win housing neglect compensation. After renters from Ltyentye Apurte (Santa Teresa) won a landmark High Court victory against the NT government, the case was sent back to the NT Civil and Administrative Affairs Tribunal to determine compensation owed. It was heard this month, with a decision reserved. The community is supported by Australian Lawyers for Remote Aboriginal Rights and Grata Fund.

The Take

Minister Rowland has pointed to the need for the public service to give ‘frank and fearless’ advice as a justification for the FOI bill. Only in a context where the public service was not working in the public interest, would transparency be a concern. We think that FOI facilitates frank and fearless advice, because it creates a culture of accountability to the public - rather than to political ambitions, electoralism, and industry lobbyists.
— Belinda Lowe, Grata Fund’s Head of Campaigns

Hope fuel

This month saw a historic moment in the passing of Australia’s first formal treaty with Indigenous Traditional Owners in Victoria. 

The First Peoples’ Assembly co-chair, Ngarra Murray, said on the Treaty’s passing: “Treaty marks the beginning of a new era, one where First Peoples’ 60,000 years of knowledge and culture is respected and celebrated. It’s an opportunity for all Victorians to acknowledge our shared history, heal and move forward together.”

Grata team spotlight: Ruby Mitchell, Senior Campaigner

"Seeing so many community members standing strong, mobilised and ready to keep fighting felt like one of the most important things I’ve ever been a part of."

What does a work day in the life of Ruby usually look like? Every day looks a bit different - but when I’m working from home a good day might start with a morning walk with my dog through the bush on beautiful Dharawal country, scanning the news for any new developments in the climate space,  a catch up call with Aunty McRose or one of the Uncles, some strategy and planning for our next trip to the Torres Strait and maybe a collab call with one of our partner organisations. The bestdays end with a swim in the ocean.

What Grata achievement were you most proud to be a part of? It’s very hard to choose but a stand out is definitely the campaign and organising for the recent decision in the Australian Climate Case. I was able to work with a group of incredible community organisers from Boigu, Saibai, Badu, Seisia and Cairns to deliver a community-led campaign thatcentred Guda Maluyligal culture to bring the community together for the decision in Cairns. Even though we didn’t get the outcome we wanted, we had hundreds of community members attend the Federal Court that day, and four livestream events hosted by local climate leaders on the islands. Seeing so many community members standing strong, mobilised and ready to keep fighting felt like one of the most important things I’ve ever been a part of.

What’s on the horizon at work that you’re excited about? There are lots of plans cooking to do some deep capacity-building and power shifting work on the islands over the next year, so climate leaders living in their communities can continue to build pressure inside and outside the courtroom. I can’t wait to be back up North collaborating with Elders and community leaders I’ve gotten to know over the last few years!

What are you reading or listening to? I’ve just started reading “Zen and the Art of Saving the Planet” by Thich Nhat Hanh, which I think is helping with the existential dread and climate doom. Aunty McRose says a lot of the concepts are very close to First Nations spirituality, about rediscovering our connection to earth, which I love and think is important to keep us grounded and effective when working in this space.