Anti-protest laws briefing sessions for miners, forestry ahead of Tasmanian Upper House debate

June 28, 2022

Emily Baker | ABC News | June 28 2022

An independent Tasmanian MP says forest and mining groups were given the “unusual” opportunity to give the state’s Legislative Council confidential briefings ahead of debate on controversial anti-protest laws.

The Legislative Council last week debated state government legislation that would impose harsher penalties on protests that impact on a business’s operations.

While a representative from mining company MMG sat through briefings provided by environmental and civil groups, going on to rebut parts of what was said, the room was cleared when mining and forest industry representatives made their case to members of the Legislative Council (MLCs).

Nelson independent MLC Meg Webb, who will vote against the legislation, said she could not recall such confidential briefings happening at other times during her three years on the Legislative Council.

While Legislative Council briefings were not formally recorded, they were usually open to the public, she said.

“We checked back to say is anything that’s been provided here unable to be discussed in the chamber and as part of our debate, and the answer was no,” Ms Webb said.

“Those briefings were provided with a closed door so other stakeholders didn’t have an opportunity to hear the material being provided to MLCs, and I think that’s a lack of transparency that seems to have been privileged to industry groups that were presenting rather than other advocates.”

Ms Webb said it was also “unusual” that the MMG representative was dialled into all briefings electronically — without the knowledge of the MLCs.

“Again, I just felt uneasy that it would appear that an industry representative was provided with an opportunity to sit in in a special way for these briefings without being initially identified or the MLCs being made aware of that … it just doesn’t feel quite right,” she said.

“I’m very concerned because of the historical pattern we have in this state of certain industries, it would appear, being privileged with access and influence to government when it comes to legislation, when it comes to regulation.”

Legislative Council government business leader Leonie Hiscutt said industry groups were not given special treatment ahead of debate on the proposed laws.

“Some industry groups requested that their briefings were in-camera because it included footage of workers and protesters and they didn’t want individuals identified publicly,” Ms Hiscutt said.

“Some companies were also concerned that their businesses would be further targeted by protest action. It is not unusual for briefings to be in-camera when requested.”

She said MMG staff were not able to attend in person, so had asked to be dialled in.

An MMG spokeswoman said people were not required to declare themselves when attending public briefings.

She said the company had sent MLCs further information based on the briefings provided by environmental group the Bob Brown Foundation, which is campaigning against MMG’s mine at Rosebery on Tasmania’s West Coast.

“MMG responded on the incorrect claims made by Bob Brown Foundation,” the spokeswoman said. “While we respect the right to peaceful protest, our first priority is the safety and wellbeing of our team, the protesters and the broader community.”

A final vote on the legislation will be held when the Legislative Council returns in mid-August. Its passage could depend on a single vote.

Murchison independent MLC Ruth Forrest, whose electorate includes the MMG mine, supports the principle of the legislation. However, she said she would seek greater protections for workers taking industrial action.

She said her preference was that briefings were open and recorded where appropriate.

“While briefings are really useful and I appreciate the government arranging them, there is no record of them and it makes it really difficult because if I say, ‘I heard so and so say this in a briefing,’ they could challenge that,” Ms Forrest said.

See Meg’s speech on the Police Offences Amendment (Workplace Protection) Bill here.

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Anti-protest laws briefing sessions for miners, forestry ahead of Tasmanian Upper House debate

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