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I’ve been pressing the federal government on its oversight of the fire ant eradication program. While Canberra funds half of this national program, responsibility for delivery lies with the Queensland government. Landowners are reporting serious issues — intimidation, property damage, and environmental harm — yet the department insists there’s “no evidence” of wrongdoing.

I asked questions about residents’ rights to refuse access when health or safety is at risk. What happens if someone has asthma and chemical exposure could trigger an attack? What about pets, livestock, or crops at risk? The department wouldn’t give me an answer. Even more alarming, I’ve received reports of chemicals being used unlawfully — S-methoprene dumped into waterways, aerial spraying of pyriproxyfen in areas with no fire ants — all in breach of permit conditions.

And then there’s Dawson Creek in Samford Valley where locals report native species have been killed. Where’s the environmental safety research proving these chemicals are safe for people and wildlife? The department claims the program is “supported by science,” and insists it won’t suspend funding—even when breaches occur. That’s taxpayer money being spent on a program that could be putting lives, health, and ecosystems at risk.

I’m not backing down. Biosecurity matters, yet it should never come at the expense of people’s rights, health, or trust.

If you’ve had problems with the fire ant program, please reach out — I’d like to hear from you.

— Senate Estimates | December 2025

Transcript

Senator ROBERTS: Thank you for appearing again today. What oversight is the federal government exercising to ensure the states are successful in eradicating fire ants and are doing so safely?

CHAIR: I will say that we have touched on fire ants, but please feel free.

Senator ROBERTS: Yes. I raised this at the last Senate estimates. I’ve got quite a few questions.

CHAIR: Carry on.

Ms Sawczuk: As we mentioned a moment ago, we continue chairing the national governance—the national management group—around the program. There is a program-level meeting and also a consultative meeting. That is happening regularly, and the next national governance meeting is on 15 December. Taking on board the concerns that you raised at the last estimates hearing and correspondence that has been provided to the department but also to the program in Queensland, we have been engaging with the program to pass on the specific feedback that has been provided. They have confirmed that they are taking on board any considerations raised by landowners, but there has been no damage to property and also no unlawful behaviour in regard to accessing properties for treatment et cetera. The safety of the program is absolutely critical. It’s something that is discussed at the national management meetings in particular, and we take quite seriously any concerns that have been raised around specific treatment types, whether it’s broadscale treatment or direct nest injection. The APVMA is the authoriser of those particular treatments and can confirm that the program has been undertaking independent toxicology analysis, which has found that there is no direct correlation with any negative impacts to animals et cetera around the fire ant treatment.

Senator ROBERTS: Well, I’m stunned. When you say ‘take on board’, what do you mean? What action do you take specifically to hold them accountable?

Ms Sawczuk: We directly engage at all levels.

Senator ROBERTS: What do you mean by that?

Ms Sawczuk: We meet with the program to talk about the specifics.

Senator ROBERTS: Where do you meet?

Ms Sawczuk: Virtually and face to face, and quite regularly. Every piece of correspondence that has been sent through is provided directly to the program, and then we have followed in meetings to understand the specific circumstances. While there are some claims, there is definitely no evidence that would warrant concerns about anything untoward about the behaviour of the program. I appreciate that there are some sensitivities for specific landowners et cetera, but all of the treatment, and all of the action by the program, has been within the Queensland biosecurity legislation.

Senator ROBERTS: There have been assaults on people, injuries to innocent people. There has been complete disregard for people’s health. There have been violations of the permits, which I’ll get onto. So I don’t
accept your response at all. Last time we appeared at Senate estimates on this topic, we were deluged with people saying they would contact you. Have you been contacted by residents?

Ms Saunders: We have received correspondence since our last hearing, and, as Ms Sawszuk just outlined, all that information is provided to the program, who’s ultimately accountable for delivery, compliance, assurance and oversight of the work that occurs.

Senator ROBERTS: Who is responsible?

Ms Saunders: The relevant state department in Queensland is responsible. There are ongoing discussions with them in regard to the issues that have been raised, but, ultimately, it’s the Queensland government that is
accountable for delivering the program.

Senator ROBERTS: So the state is responsible but you’re funding it to do these activities.

Ms Saunders: The nation, because it’s a national program, to which we contribute funding—correct.

Senator ROBERTS: The majority of funding.

Ms Saunders: It’s 50 per cent.

Senator ROBERTS: For eradication. You don’t seem to be aware of the overreach and intimidating tactics being undertaken by the state government, particularly in South-East Queensland, forcing their way onto
properties unlawfully, causing fear and distress to landowners, upsetting women and terrifying crying children, polluting the environment, negligently and wilfully killing fauna and pets. Are you aware of those?

Ms Saunders: I know you’re disappointed with the response that we give you, as a department, but I can only give you the same advice I gave you at the last hearing on these matters, and that is that we are not accountable or responsible for the issues you’ve raised, nor do we have evidence of them.

Senator ROBERTS: Since when is it okay for gates and fences, with your funding, to be broken down, with police threatening those with reasonable excuses who withhold consent—for strangers to force their way onto
properties and sneakily and deceptively distract people from their properties, with a view to spreading poison, when there are no fire ants on their property, not even in the valley?

Ms Saunders: I’m not sure what else I can add to our earlier evidence on this.

Senator ROBERTS: This is exactly what happened recently at Beechmont and Laidley, when property was damaged and officers behaved like criminals in a home invasion while trespassing on private land. The violence came from the officers, not the landowners. The landowners have been professional and peaceful. Why?

Ms Saunders: These are the responsibilities of the state government. I’d really encourage those allegations and concerns being directed to them. As indicated by the deputy, the legislation which they’re operating in
compliance with is entirely the responsibility of the state government.

Senator ROBERTS: But you’re funding it. I attended another property some kilometres away from the two locations I mentioned that had multiple fire ant nests—I saw them six metres apart in places and two or three
metres apart in places—that the program refused to attend and treat. Why is that?

Ms Saunders: I can’t comment.

Senator ROBERTS: Would you like the name of the property?

Ms Saunders: Certainly, we’re happy to take any information you have. We would relay it to state government for action, noting we have no authority.

Senator ROBERTS: A property owner may obstruct and refuse access to officers if they have a reasonable excuse. Is it a reasonable excuse to obstruct when a resident has an illness, such as asthma or other respiratory
ailment, confirmed by a medical certificate as likely to be made worse by exposure to toxic chemicals, particularly when being sprayed? Is that a reasonable excuse?

Ms Saunders: I’m not prepared to comment.

Senator ROBERTS: Is it a reasonable excuse to obstruct when the chemicals represent a threat to domestic animals—dogs, cats and birds—if they’re exposed to the toxic chemicals, including chickens?

Ms Saunders: I’m not prepared to comment.

Senator ROBERTS: Is it a reasonable excuse to obstruct when the chemicals that you’re funding represent a threat to poultry, livestock and fruit and vegetables growing on the property?

Ms Saunders: If you have a long list of allegations, we’re happy to take those allegations and raise the matters with the Queensland government.

Senator ROBERTS: Okay. I will do that with most of these questions. Is it a reasonable excuse to obstruct when the chemicals are not being administered according to the safety requirements under the permits issued by
the APVMA?

Ms Saunders: I don’t have a comment.

Senator ROBERTS: Just yesterday I was told—this is so common—that the program distributed S methoprene directly into a Samford waterway, against the safety rules for application, by way of a drone. Are you aware of that?

Ms Saunders: No.

Senator ROBERTS: Aerial application of pyriproxyfen is occurring on a wide scale on areas where no fire ants have ever been identified, when the permit number PER87728 clearly states by way of restraint:
DO NOT apply as a preventative measure for Red Imported Fire Ant control. If the permit has changed, why? Are you aware of that?

Ms Saunders: No.

Senator ROBERTS: Is it a reasonable excuse to obstruct when the administering authority has already admitted to disastrously polluting a significant waterway in the Samford Valley near Brisbane, Dawson Creek,
killing extensive native water, reptile and insect species? I’ve seen that. Is that a reasonable excuse?

Ms Saunders: I couldn’t comment on that.

Senator ROBERTS: Okay.

Senator WHISH-WILSON: Did you take photos?

Senator ROBERTS: Yes.

Senator WHISH-WILSON: Can you produce them for us?

Senator ROBERTS: The locals can.

Senator WHISH-WILSON: What about you? You said you took photos.

Senator ROBERTS: No, the party I was with took photos.

Senator WHISH-WILSON: Oh, I see.

Senator ROBERTS: Where is the environmental safety research that’s been done to establish the safety of humans and our native birds and small animals when poisoned insects form part of their food chain? Have you
done that?

Ms Saunders: I’ll hand over to Dr Bertie Hennecke—he can probably comment further—but the program is absolutely supported by scientific evidence and safety. It’s been looked at nationally, with people who have
credible experience in this field, all of whom are satisfied with the arrangements that are in place and the chemicals that are being used for the purpose intended.

Senator ROBERTS: In distributing these chemicals, they’re breaching the permits—they’re breaching the authorisation—to use the chemicals. Does that bother you? You’re funding it.

Ms Saunders: If there’s evidence of that, we’re happy to take that evidence and take up the matter with the Queensland government.

Senator ROBERTS: Will DAFF step up to pay compensation to those affected by the misapplication of the Fire Ant Eradication Program?

Ms Saunders: It wouldn’t be the responsibility of the department—

Senator ROBERTS: You’re funding it.

Ms Saunders: to do that.

Senator ROBERTS: Why are you funding this using taxpayer money, doing injury to the environment and to people?

Ms Saunders: It’s a national program aimed at eradicating red imported fire ants. It’s that simple. We know it’s incredibly invasive and, if it were to take hold, would have catastrophic implications for the country. That’s
why we’re doing it.

Senator ROBERTS: So why are you putting lives and the health of humans and the environment at risk?

Ms Saunders: We don’t have evidence of that.

Senator ROBERTS: Would you like some?

Ms Saunders: As I’ve said several times now, I’m happy to take information you have, and we’ll take it up with the Queensland government.

Senator ROBERTS: Will you stop funding this program, or at least suspend funding of this program?

Ms Saunders: No, we won’t.

Senator ROBERTS: Okay.

One Nation is the champion of free speech and have been since 2020 when we stood against the inhuman breaches of basic human rights imposed during COVID by both Labor and Liberal governments at all levels.

We support the Right to Protest Bill 2025—especially its recognition of peaceful protest—yet raise concerns about vague definitions and lack of protections for others’ freedoms, like movement and travel.

One Nation will always champion core freedoms and states’ rights, and we urge improvements to this bill to ensure clarity and accountability.

Transcript

One Nation leads the way on freedom of speech. We have done so since 2020, with the horrific impediments against freedom of speech and the withdrawal of free speech and human rights that occurred with COVID mismanagement under both Labor and Liberal governments at a state and federal level. I start by thanking Senator Shoebridge, who has, largely through his work holding governments accountable—this one and the previous one—earned my respect for his work on human rights. I do not, though, trust the Greens as a whole. They often, and usually, contradict data and evidence, so I don’t trust them. But I do trust Senator Shoebridge. 

Let’s go through a quick list of positives. What do we like? This bill, the Right to Protest Bill 2025, recognises the right to peaceful protest. We support that right wholeheartedly. This bill also recognises that the right to peaceful protest is subject to issues of national security—rightly so—and also subject to public safety, public order, the protection of public health, and, importantly, the protection of other people’s rights and freedoms. That’s very important. Sadly, this last protection, the protection of people’s rights and freedoms, is just a motherhood statement, and the body of the bill contains nothing specific about those protections. 

What are we not comfortable with? The definition of ‘protest’ in section 5(b) includes the phrase ‘actions that are disruptive or seek to disrupt’. We do not support disruptive matters, disruptive events or protests, or those that seek to disrupt; we oppose that. The bill does not specifically consider conflicts with other people’s individual or group rights, including the right to free movement and travel. I have a list of freedoms I keep in mind: the freedom of life, the freedom of belief, the freedom of thought, the freedom of faith, the freedom of speech, the freedom of association, the freedom of exchange, the freedom of movement and travel, and the freedom to live life free from government interference. These are basic freedoms. One Nation supports these, but we do not see any consideration in this bill for the rights of others specifically, including the freedom of movement and travel. 

Nor does the bill guide or address the resolution of conflicting needs when people in society have conflicting needs, when one group wants to protest and the other group sees an infringement of its rights. The bill does not consider offensive language or intimidation through noise or numbers of protesters. For One Nation, it is extremely important, as we have said in the past on similar bills, to have Australians feeling safe. Australians must feel safe. We cannot abide by any intimidation of Australians.  

My next point is that the bill encroaches on areas that should remain under state law. One Nation is very strong and clear on states’ rights because we believe in competitive federalism—a fundamental tenet of accountability in this country. What we have seen is that the states have had their rights robbed, stolen by encroaching, greedy, all-powerful federal governments that seek to run the country with no accountability under both Labor and the Liberals. We don’t like the encroachment into other areas that should remain under state law. The bill tries to limit penalties for contraventions that may be considered to apply to necessary restrictions, without defining the word ‘excessive’. There’s no definition of the word ‘excessive’. Sadly the word ‘peaceful’ is not defined, and that’s extremely important.  

Our conclusions are that we thank Senator Shoebridge for introducing this bill and debating the bill, but we are concerned about the vague wording. Is there poor drafting? Let’s give Senator Shoebridge the benefit of the doubt because, although the Greens can be disruptive when it suits them, Senator Shoebridge has not done anything malicious in my experience with him.  

Senator Shoebridge: Not actually malicious! 

The ACTING DEPUTY PRESIDENT (Senator Ciccone): Thank you, senators. Please direct your contributions through the chair. 

I support the concept of peaceful protest. It’s very important to get that on the record. This bill, as it is, suffers from deficiencies that need to be addressed. Thank you.  

Will Albanese question Xi Jinping about the CCP’s alleged human organ trade?

There’s an Act recently passed by the US House of Reps and currently awaiting approval by the Senate called H.R. 1503 Stop Forced Organ Harvesting.

‘To combat forced organ harvesting and trafficking in persons for purposes of the removal of organs.’

It seems globalisation has opened Western democracies to more than ‘trade’.

The suspected existence of international organ harvesting is a grisly reminder of the moral variance across borders.

This Act specifically aims to ‘hold accountable persons implicated, including members of the Chinese Communist Party’.

Unlike Australia’s vague foreign interference laws, the US did not shy away from naming the culprit.

The Act was introduced by Representative Chris Smith, who said of the measure:

‘Mr Speaker, every year under General Secretary Xi Jinping and his Chinese Communist Party, tens of thousands of young women and men – average age 28 – are murdered in cold blood to steal their internal organs for profit or to be transplanted into communist party cadres – members and leaders.

‘These crimes against humanity are unimaginably cruel and painful.

‘Between two and six internal organs per victim are extracted. It is murder masquerading as medicine.

‘Ethnic groups targeted included Uyghurs, who suffer from Xi Jinping’s ongoing genocide, and the Falun Gong, whose peaceful meditation and exercise practices and exceptional good health makes their organs highly desirable.’

This is the narrative of a horror film, and yet it is a real-world scenario carried out by the communist regime our Prime Minister, Anthony Albanese, has gushed over meeting. He behaves as though shaking the hand of the CCP and climbing deeper into their economic sphere is a ‘good thing’ for Australia.

It is not.

Especially not at the expense of our US relationship.

Australian Senators may bicker over the finer details of international human rights, however, selling human beings into an organ-harvesting trade is universally condemned as an abomination against all moral and ethical standards.

Representative Smith continued:


‘In June of 1998 – 27 years ago – I chaired my first hearing on forced organ harvesting in China. A Chinese security officer testified that he and other security agents were executing patients with the doctors right there with ambulances ready to harvest their organs after the bullets were fired … at another hearing in 2022, we learned that some of the organs are stolen from victims who are still alive. One doctor testified how he had performed one such surgery on a victim of a botched execution and discovered, as he began cutting, that the victim was in a state of shock – not dead yet – and a live vivisection on a living human was being performed.’


If, as is claimed by our well-informed American counterparts, ‘state-sponsored forced organ harvesting is big business for Xi Jinping and the Chinese Communist Party which shows absolutely no signs of abating’ – what responsibility do Australian politicians have to ensure the 1.4 million people of Chinese ancestry within Australia are safe from this trade?

Politicians are aware that CCP influence reaches into Australia, with the communist regime spying on migrants via a network of Chinese chat apps and peers. They exert pressure on Australians of Chinese ancestry by threatening members of their family who remain in China. It’s a level of control that endangers both migrants and the wider Australian population.

On July 14, Sky News Australia published comments warning that Beijing might be weaponising expatriates to ‘interfere in domestic elections’.

‘Senior fellow at the Hudson Institute, Dr John Lee, said the People’s Republic of China had spent ‘enormous efforts’ influencing and interfering with Australian domestic politics to advance its interests.’

He added, ‘…it creates problematic structural problems for social cohesion in Australian society and politics.’

It was also recently published that Foreign Minister Penny Wong had been made aware of anonymous letters sent to Australians ‘offering a reward for information on the whereabouts of an Australian-based Hong Kong dissident’.

Ms Wong said, ‘The Australian government does not accept other governments interfering with our citizens, making anybody feel unsafe.’

Will Anthony Albanese bring this incident up with Xi Jinping on his trip?

Probably not.

Will he ask for the Port of Darwin to be peacefully returned to Australian hands?

He has already said that he will not.

Will he give Xi Jinping an earful over the live-fire exercises off our coast which disrupted commercial air traffic followed by a bit of casual circumnavigation of our borders?

Again, no, he will not.

Mr Albanese is a coward when it comes to diplomacy.

Socialist-leaning parties, such as Labor and the Greens, have a fascination with China’s dictatorial leadership. This leads them to turn a blind eye over repeated violations of international human rights laws and even the CCP’s utter disregard of environmental laws.

The CCP embodies everything these ‘humanitarian’ Australian political movements claim to be against. Their undying support and, in the case of the Prime Minister, diplomatic infatuation, remain a mystery to sensible people.

We cannot trust our international bureaucracies either. In 2021, the Office of the High Commissioner for the United Nations Human Rights said they were ‘alarmed’ by credible allegations of CCP organ harvesting.

Then, a few years later, the UN Human Rights Council elected China to serve its sixth term.

‘Diversity’ and ‘inclusion’ on an international level generally means ‘including’ ‘diverse’ approaches to morality, legality, and humanity.

This is far from the only dubious appointment by the UN. It’s time Australia asks whether we wish to have any part of this organisation as it collapses into a depraved quagmire of quasi-religious environmental propaganda, anti-capitalist dogma, and the empowerment of the world’s most ruthless and dangerous regimes while dragging nations such as Australia through the mud over trivial matters.

As an Australian Senator, I have many people come up to me at public events and ask for help.

Usually, they want me to combat the rise of brutal left-wing policy – a task that I’m dedicated to. They tell me heartbreaking stories about their lives that have been stolen by ill-conceived government directions and the general mismanagement of the Australian economy.

There are others, particularly migrants, who come to me wishing to raise awareness about the horrors of their homeland.

In particular, the hidden crimes of the Chinese Communist Party whose reach extends across our borders and into the Australian community.

For over 20 years, the world has been aware of the CCP’s disgusting underworld of human trafficking for black market organs.

However, because the CCP’s cheque book is vast, politicians have taken the money and sold the economic relationship back to the Australian people as a net benefit.

Since then, Australia has lost sovereignty over its manufacturing, energy, food, and communications network. Our natural beauty – beaches, oceans, forests, and farmland – are to be cut down and smothered with short-lived, CCP-built ‘renewable’ technology.

Cheap, substandard goods constructed with slave-like labour continues to out-compete our domestic retail landscape.

Is this the future we want for our children and their children?

Trade relationships have to be about more than just money.

They are about the future we create, the independence we hold, the stability of our civilisation, and the quality of our culture.

Pacific nations will no longer be able to come knocking at Australia’s door for assistance when a tariff from China can cripple our economy.

By sacrificing our economic independence to China, America will be the only entity policing freedom of navigation and trade routes in the Asia Pacific region.

And if Mr Albanese continues his antagonistic approach to America, we may no longer have that guarantee of safety either.

Murder masquerading as medicine by Senator Malcolm Roberts

Will Albanese question Xi Jinping about the CCP’s alleged human organ trade?

Read on Substack

The Australian Human Rights Commission has previously argued for minors to be given life changing surgeries and puberty blockers under the ‘gender affirmation’ model. They claimed these treatments could be reversed, weren’t risky and were supported by science: none of these are true.

The UK Cass review has completely discredited ‘gender affirmation’ for children. It’s time for the taxpayer funded Human Rights Commission to rule out ever supporting children being put onto puberty blockers or sex-change surgery ever again.

Transcript

Senator ROBERTS: Thank you for appearing tonight. I’ve got questions on gender—sex change. My questions are to the commissioner who looks at gender-affirmation care and children. That may be Dr Cody; is that right?

Dr Cody: That’s correct.

Senator ROBERTS: I want to make clear, from the start of these questions, that I support adults doing whatever they like if they want to transition or attempt to transition. However, I draw the line at children. Previously, the commission has argued in court that puberty blockers were ‘reversible’, the risk of a wrong decision to give a child puberty blockers was ‘low’ and the outcome of a wrong decision would not be ‘grave’. My questions to the commission are: do you still stand by that position completely, and why the hell are you in court arguing to put children on puberty blockers?

Dr Cody: I believe that you are referring to family court decisions in which we have intervened as amicus. I’m not aware of the details of those specific cases. I would have to educate myself around exactly what our argument was. We do not have any intention to—or any cases in which we are intervening, or have sought to intervene, as amicus in relation to the use of puberty blockers or gender-affirming care with children.

Senator ROBERTS: But your words are significant. Are you a medical doctor?

Dr Cody: I’m not.

Senator ROBERTS: There’s no good evidence that puberty blockers are reversible, and the effects of puberty blockers on the developing brain of a child are simply unknown. Why should the Australian taxpayer be funding the commission to argue for children to make irreversible changes to their body that we have no good clinical evidence for?

Dr Cody: One of the fundamental human rights that we all have is a right to health care. That includes children—the importance of all children having the appropriate access to health care from the moment they are born right through until they turn 18. Gender-affirming health care is a part of that access to health care.

Senator ROBERTS: Okay, let’s continue. The Cass review in the UK—have you heard of that?

Dr Cody: I have.

Senator ROBERTS: It was one of the most sweeping and intensive inquiries into puberty blockers for children. The Cass review said that the evidence for puberty blockers is so poor that they should be confined to ethically controlled clinical trials, and cross-sex hormones for minors should only be used with extreme caution. The Cass review had the gender affirmation treatment protocol used at the Royal Children’s Hospital Melbourne independently evaluated for the scientific rigour in development. Do you know what it scored?

Dr Cody: I’m sorry, what scored? I didn’t catch the first part of that question.

Senator ROBERTS: It had the gender affirmation treatment protocol used at the Royal Children’s Hospital Melbourne independently evaluated for the scientific rigour in development. It scored 19 out of 100—very low rigour. Are you aware that, in the United States, there was a US$10 million report over nine years that was not published because the lead author didn’t want the results to be public? Those results were that there were no improvements in the mental health of children who received puberty blockers after two years. Are you aware of that?

Dr Cody: I’m not aware of that study in the United States. In relation to the Cass review, one of the findings of that review was recognising the importance of having a holistic approach to health care—which we have in Australia—that includes a psychologist’s treatment, social work treatment and having wraparound services with a GP and psychiatric assistance for any child who has any issues around their gender. One of those recommendations is something that we actually have within Australia and that we’re lucky to have within our healthcare system.

Senator ROBERTS: Until recently, it’s been almost automatic in some areas to put children who suffer from gender dysphoria, which is not uncommon in adolescents, on affirmation to change their gender. I can’t remember the name of the institute—it’s either the Australia-New Zealand society of psychiatrists or psychologists that has come out recently saying gender affirmation is not recommended. When are you going to stop going to court at taxpayer expense arguing for these experimental, life-changing, irreversible, mentally damaging chemical treatments to be given to children.

Dr Cody: At the moment, we are not intervening as amicus in any cases before the Family Court.

Senator ROBERTS: I think this question will probably go to the president. In your opening statement, you say:

Human rights are the blueprint for a decent, dignified life for all. Human rights are the key to creating the kind of society we all want to live in …

Could you tell me what is the field of human rights? What rights are encompassed in the field of human rights?

Mr de Kretser: The modern human rights movement started after World War II with the Universal Declaration of Human Rights, where the international community, after the horrors of World War II and the Holocaust said, ‘No more. These are the basic standards that everyone, no matter who they are or where they are, needs to lead a decent, dignified life.’ They have then been expressed in two key international treaties, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and various other treaties have codified aspects of rights since then. The human rights in those treaties have only been partly implemented in domestic Australian law, which is why we’re calling for a human rights act to properly implement Australia’s international obligations and to properly protect people’s and community’s human rights in Australia. Is there a specific human right or aspect that I can address for you?

Senator ROBERTS: I’d just like to know what you see as the core human rights that humans have and that you’re overseeing in this country?

Mr de Kretser: The legislation that we have—our discrimination laws—implements the obligations to protect aspects of the right to equality, for example. We have seven commissioners. Six of the seven are thematically focused on different rights: Commissioner Cody, obviously, is focused on equality rights; Commissioner Hollonds is focused on child rights; Commissioner Fitzgerald is focused on the rights of older persons—and the like. The key international treaties are the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural rights.

CHAIR: I don’t want to interrupt this really helpful lecture on human rights law. If you’ve got a punchline question, you should get to that now.

Senator ROBERTS: Is freedom of speech seen as a human right?

CHAIR: Yes. Good question.

Mr de Kretser: Absolutely. Freedom of expression—our freedom of speech—is an aspect of that. Freedom of peaceful assembly, freedom of religion and the like are critical human rights.

CHAIR: That’s all the questions we have for you this evening. Thank you very much for your time. Thank you for the work that you did on the framework and delivering that in the last couple of days. I know it’s taken an enormous amount of work.

In a worrying development of the growing threat to religious freedom in Australia, Christian Minister Dave Pellowe is facing legal action from the Queensland Human Rights Commission. The complaint stems from comments he made at a recent Church and State conference, where he recited Christian theology on land ownership. Specifically, Pellowe refused to perform a “welcome to country” on the basis that ownership of the land belongs to God, not to Aboriginal people.

Psalms 24:1 teaches us that “the earth is the Lord’s, and everything in it,” and there are similar verses found in Genesis and Leviticus, therefore the theological basis for Pellowe’s statement is not in dispute.  He argues that God delegated stewardship of this beautiful country was entrusted to those who follow God in faith – his image leaders – bestowing the right of individuals to keep and use land and property in service of God.  This implies that no single group, whether Aboriginal or Christian, has sole ownership of the land.

This complaint is not about hurt feelings but raises a fundamental issue regarding the right to practice Christianity.

Transcript

In an alarming example of the growing threat to religious freedom in Australia, Dave Pellowe, a Christian minister, is facing legal action in the Queensland Human Rights Commission. The complaint stems from comments he made at a recent Church And State conference, where he repeated Christian theology on ownership of land. Specifically, he refused to provide a welcome to country on the basis that Aboriginals do not own this country; God does. 

Psalms 24:1 teaches us that ‘the earth is the Lord’s, and everything in it’ and there are similar verses in Genesis and Leviticus, so the theology of the statement is not in dispute. God delegated stewardship of this beautiful country to those who follow God in faith, his image leaders, bestowing the right of individuals to keep and use their land and property in service of God. Neither Aboriginal nor Christian can claim sole ownership of this land. We both exercise stewardship, on behalf of God. 

The complainant purchased a ticket to attend a Christian conference, marketed as a Christian conference, and was apparently offended to hear a Christian message! Church And State conferences teach the gospel. One attends a Church And State conference to hear the Bible taught and to be actively involved in society. 

Isaiah 24:4-6 offers a warning against supplanting God’s word with another teaching easier on the ears and easier on any superficial consulting of conscience. The church is losing supporters because established religion does not offer leadership. Today it has fewer warriors and no longer has use for the armour of God. The answer to the erosion of support for Christianity is not a softer message; the answer is stronger messaging and deeds that defend the faith. It’s time to end the age of appeasement. 

To those listening at home, Church And State are holding a telethon tomorrow night to fund legal challenges to the war on Christianity. I urge Christians and those who care for religious freedom to tune in online tomorrow night. We have one flag. We are one community. We are One Nation. 

I strongly support the Senate Urgency Motion in favour of saving the lives of babies born alive after a failed abortion. For the past six years, I have spoken in the Senate while wearing a lapel pin that depicts the tiny feet of a 10-week-old infant, a symbol of the innocent lives at stake. In Queensland, 328 babies were born alive and left to die over the last 10 years. Under the Queensland Criminal Code, this is clearly a crime.

While there are legal protections for medical practitioners who induce stillbirths, those protections end when a child is born alive. Yesterday, during a hearing in the Queensland Parliament, brave maternity nurse Louise Adsett gave heartbreaking details of the tragic fate awaiting many beautiful newborn Australians in Queensland maternity wards. These babies are left to cry until they die.

Louise shared the story of nurses who, with compassion, held these babies as they took their last breaths, surrounding them with love in their final moments rather than leaving them alone in a cold and hard stainless steel environment. There is no legal grey area here—allowing a child born alive to die in Queensland is a crime, and that crime is murder.  I thank Senator Babet for introducing this Motion.

To the Queensland Police, my message is simple: “Do your bloody job!” 

These babies deserve better; they deserve the same fundamental right to life that all human beings have.

Transcript

I strongly support this motion from Senator Babet in favour of saving the lives of babies born alive. For 6 years I’ve spoken in the Senate while wearing a lapel pin which depicts an infant’s feet at 10 weeks of age. 

My opposition to abortion comes from my humanity and my role as a father and grandfather. 

Sadly Queensland’s Termination of Pregnancy Act 2018 allows for unrestricted access to abortion up to 22 weeks. After that point two doctors must be convinced the abortion is in the mother’s best interests. Doctors who make their living signing off on abortions. 

As Rhodes Scholar and leading researcher Professor Joanna Howe has found, between 2010 and 2020, 4,929 babies were killed after 20 weeks, and until birth. In Queensland, of these babies, 328 were born alive and left to die. 

Last week I was pleased to attend a protest on the Federation Lawn that was a memorial to the 5,000 babies born alive when aborted around Australia. The memorial was 5000 pairs of baby’s booties in the shape of a cross. Babies who were thrown aside and left on a cold stainless steel slab to die. Alone. Nearly 50% of these were perfectly healthy. Nothing wrong with them. Why were they induced and delivered stillborn instead of alive and placed for adoption? 

Under the QLD Criminal Code the current law is clear. This is a crime. Section 292 provides that a child becomes a human being after being born and proceeds in a living state from the body of its mother, whether it has breathed or not, and whether it has had independent circulation or not. 

Section 302 defines murder as by someone who: intends to cause death, which is the case with these 328 babies; or causes death by an act, omission or reckless indifference to human life; 

Currently the penalty for murder in Queensland is life. How ironic. There are protections for medical practitioners who induce the still birth of a child. That protection stops when the child is born alive. 

Queensland MP Bobbie Katter has introduced a bill to ensure the rights of babies born alive. Under the bill, the duty of a registered health practitioner to provide medical care and treatment to a person born as a result of a termination would be “no different” from their duty to anybody else. This means babies would be given care allowing them to survive where possible, while babies unable to survive would instead be given palliative care. 

In yesterday’s hearing into this bill courageous maternity nurse Louise Adsett described in heartbreaking detail the fate that has awaited so many beautiful young Australians in QLD maternity wards. Babies left to cry themselves to death. Alone. Louise described nurses holding babies that have been marked for death until they drew their last breath, a breath surrounded with love, not cold, hard stainless steel. 

There’s no legal grey area here, allowing a child born alive to die in Queensland is a crime, and that crime is murder. 

To the QLD Police I have this simple message: DO YOUR BLOODY JOB. 

Failure to prosecute the first murder has led to 327 more human beings losing their lives and that’s on you. 

The preamble of the International Convention on the Rights of the Child (1989) explicitly recognizes the unborn’s right to life. This is a matter that can be legislated federally and if the States will not police their own laws then the Federal Government must intervene. 

I have yet to hear an abortionist successfully explain at what point in the development of a child it ceases to be a collection of cells and becomes a baby. Until you can show a physiological point before which the child is just a bunch of cells, and after which the child is a living being, I will continue to defend every life and oppose abortion. Except abortion when the mother’s life is in danger. If these practitioners were proud of their actions, they would not be changing the name of their trade from abortion to reproductive care. There’s no reproduction and there’s no care for the child. As least be honest with yourselves, this is not care. This is designed to dehumanise mothers and fathers, dehumanise society and harden the hearts of our community. Neither can this be described as women’s health, the health of the mother is the same no matter if the baby is put up for adoption or murdered. Woman’s health does not apparently include the health of one-half of these aborted babies who themselves will grow into women. 

My office has received over 1000 emails and calls today from Queenslanders who are horrified at this practice. So much so I feel the need to remind everyone that while God loves everyone, God punishes killing. 

These human babies deserve better. Babies deserve to have the same rights as have all human beings. And foremost amongst these is the right to life. 

How They Voted

The Motion

One Nation advocates for the enshrinement of freedom of speech as a fundamental human right in our Constitution. We are the only Australian political party actively working to integrate freedom of speech into our legal and social framework. Contrary to popular belief, this right is not currently enshrined in the Australian Constitution, though many Australians assume it is.

While the Constitution provides a limited form of freedom of speech concerning political communications, it falls short of the comprehensive protection seen in the American Constitution, where freedom of speech is explicitly guaranteed.

I am calling for a thorough investigation into the necessity and benefits of including such a provision in our Constitution. Such a change would bring an end to governmental overreach and prevent legislation aimed at censoring speech by labelling it as ‘misinformation’ or ‘disinformation’ for political reasons.

The press and media are also guilty of suppressing dissenting views that challenge the government’s narrative, and social media platforms are known for shadow banning or cancelling comments that oppose government positions. This was particularly evident during the Covid-19 period of mandates and shutdowns, targeting those who questioned government control.

We must resist any government measures that would further restrict freedom of speech and advocate for stronger protections to safeguard this essential right.

Transcript

I speak in support of this motion from One Nation to enshrine into the Constitution one of the most basic of human rights: the right to free speech. When it comes to free speech, One Nation has your back. Many people believe that free speech is an existing feature of the Australian legal and social framework. It’s not. The High Court has held that there is limited freedom of speech implied by the interaction of several sections of the Constitution, limited to political communication. The extent of this limited right is yet to be fully determined by the High Court. That being the case, this concept of the right to free speech, already enshrined in the American Constitution, would be a worthy improvement to our own Australian Constitution. I want to read from the motion that Senator Hanson has moved in her own name and mine: 

That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 1 September 2024: 

The matter of a popular vote, in the form of a referendum, on the matter of enshrining the right to free speech in the Australian constitution, with particular reference to: 

(a) an assessment of the content and implications of a question to be put to electors; 

(b) an examination of the resources required to enact such an activity, including the question of the contribution of Commonwealth funding to the ‘yes’ and ‘no’ campaigns; 

(c) an assessment of the impact of the timing of such an activity, including the opportunity for it to coincide with a general election; and 

(d) any other related matters. 

This is fairly simple. It’s just an investigation and inquiry. 

Of course, any alteration to our Constitution must be done with the agreement of the Australian voters by way of a referendum. I know that the Australian people are sick of referendums, particularly since the doomed and expensive Voice debacle that we had to endure and that the Labor government poured more than $450 million down the gurgler on, when it could have been spent on something far more important. Yet ensuring that freedom of speech is a feature of our social and legal landscape would be worth it. 

Why do we need it? In Australia we’re significantly overgoverned and overregulated. One area that needs attention is the way that the government use the media to shut down anyone who wishes to discuss any concept that does not follow the government line. In these woke times, governments maintain a strong hand guiding the media into accepting and promoting often truly dumb and in some instances factually wrong propositions. We know that freedom of speech is suppressed because local newspapers and state newspapers rely on funding from advertising from local councils and state governments. It’s the same with the national government, the federal government. If someone comes up with an article that is too much out of the government line, then the governments won’t advertise. 

In addition to some factually wrong propositions from federal and state governments, we see propositions that undermine good governance and cede sovereignty, pushing a globalist agenda—ridiculous. Social media platforms have taken on the roles of pseudo fact checkers and censors of material, deleting material that’s deemed inappropriate, even if it’s accurate and is disclosing inconvenient truths. Truth doesn’t matter to government in Australia anymore. 

As an example, YouTube recently took down material from my YouTube channel, including material on COVID vaccine or COVID injection injuries that it had deemed medical misinformation. This was unnecessary and possibly unlawful, as some of the information was material placed before the Senate, covered by parliamentary privilege and supported by proof of its truth, fully referenced. It had been up there for six months. Once I started mentioning a COVID royal commission, it’s suddenly come down, and they’ve taken it back retrospectively. It was six months worth of work that this Senate has seen and witnessed. Somehow, political speech from the Senate is censored by YouTube, which is owned by a foreign corporation, meddling in Australian federal politics. 

It’s not the first time. This interference with the communication of parliamentary material is potentially an offence, but it’s not covered by any laws simply guaranteeing freedom of speech. Freedom of speech should still be moderated, on rare occasions, to exclude poisonous vilification or speech that promotes hate or other crimes, not something that might offend someone. That’s a dumbing down of the Australian population. If anyone’s feelings are hurt—you cannot give offence; you can only take offence. If someone says something in the chamber and I feel offended, that’s my responsibility; it’s not theirs. So we should be stopping this nonsense about someone, feeling offended, being able to shut down the other person. 

It’s the speech that considers alternative narratives or theories that deserves protection. This Labor government has done nothing to improve transparency and accountability in terms of government actions. Indeed, in terms of guillotines—the shutting down of debate—we’ve had major bills go through this parliament with not one word of debate. We’ve had major amendments voted on with not one word of debate or question. That’s not democracy. This Labor government has done nothing, as I said, to improve transparency and accountability in terms of government actions. 

During the COVID period of government failure, the government of the time moved into a period of hyperactivity, silencing critics and preventing any discussion of problems, COVID injection injuries—of which there were many—and alternative treatments, resulting in tens of thousands of needless, preventable deaths and injuries in the hundreds of thousands to innocent Australians. That was what the Liberal-National coalition did—two cheeks of the same backside. 

Of particular concern is the Labor government’s intention to introduce a bill to eliminate alleged disinformation or misinformation, with no identified deciders as to whether the information is based on truth or not. Who cares about the truth? Just shut it down if it goes against the government’s narrative. Who introduced the misinformation and disinformation bill? That’s right: the other cheek, the Liberal-National coalition. Labor introduced it. They didn’t put it to the vote. The Labor Party came along into government and they introduced it again—the same bill, pretty much. 

This misinformation and disinformation bill must be opposed. It represents government censorship at its worst. It’s a control agenda that’s occurring in so many Western countries, and I compliment Tucker Carlson for his courage in speaking the truth. It’s happening largely to the Anglophone nations: Britain, Canada, New Zealand, America and Australia—and, to some extent, in Europe, but it’s largely the descendants of the British Empire or Commonwealth. 

Usually, we’d rely upon state or Commonwealth legislation to resolve this issue of ensuring freedom of speech. Yet, since Federation, this has not been done properly by either of these jurisdictions, state or federal. It’s now high time to ensure once and for all that this protection can be established. It can be done. We need this inquiry. By our call for a committee to inquire and report to the Senate, assessments on content, process, resources required, timing and any other matters related may be brought back to the Senate for consideration. 

Freedom of speech, if enshrined within the Constitution, will provide greater real freedoms to all Australians. Let’s go through some of the freedoms. We’ve got freedom of life, freedom of belief, freedom of thought, freedom of expression, freedom of speech, freedom of movement, freedom of travel, freedom of exchange and freedom of initiative. Of all of those freedoms, freedom of life is arguably No. 1. But they don’t get off the ground without freedom of speech. Speech is first. These freedoms are birth rights, universal rights. Yet we now have to come to the government and ask permission to speak freely or we get censored. That means it’s not a right anymore. It’s something that we have to get permission from the government for, whether it be Labor or the Liberal-Nationals. 

Think about this: the most remarkable transformation of human civilisation on this planet occurred in the last 170 years. Prior to that, our ancestors were shuffling around and scratching in the dirt. Now look where we are. Human progress has come because of human creativity and human care. They’re inherent in people. People want to do things better, more quickly, smarter and more easily, so someone comes up with an idea. Through freedom of speech, they share the idea—and this happened so much in America and Britain in the 19th century, and even in the 18th century. Ideas were shared: one person came up with an idea; another person, by sharing it, built upon the idea and made it more magnificent; and then someone else came along, took their idea, made an initiative out of it and transformed human civilisation.  

Freedom of speech is a matter of life and death. It’s a matter of human progress. I support this motion.  

The definition of Civil Disobedience is the refusal to comply with certain laws considered unjust, as a peaceful form of political protest.

Join me as I engage in conversation with highly knowledgeable professionals who share their insights on the concept of Civil Disobedience.

1. Gabriel Moens – Emeritus Professor of Law

2. James Allan – Professor of Law, including Human & Civil Rights

3. David Flint AM – Emeritus Professor of Law

4. Topher Field – Libertarian Political Commentator and Human Rights Activist

5. Dr Augusto Zimmermann – Professor of Law

After listening and becoming aware of the importance and consequences, you decide the answer to my question. Comments welcome.

I asked the Human Rights Commission how much they spend on legal intervention for people who lost their job due to vaccine mandates, then moved onto the topic of sex and gender.

The Australian Human Rights Commission (AHRC) subscribes to the belief that sex can be changed after birth as recognised in law throughout Australia. The meaning of the words ‘man’, ‘woman’ and ‘sex’ will be argued at the Federal Court level with the assistance of the AHRC. I probed Dr Anna Cody, the Sex Discrimination Commissioner, about the matter she is involved with as a “friend of the court”. The HRC has intervened in a recent Federal Court case known as “Tickle and Giggle” and will be assisting in this case, which will argue that ‘sex’, as in gender, isn’t real. The biological realities of sex appear to matter less than how people express their sexuality or gender identity. Dr Cody will assist the Federal Court to understand changes to the Sex Discrimination Act that occurred in 2013, to ascertain the validity of the changes under the Constitution and the Civil and Political Rights Convention.

Make no mistake, the sex and gender insanity is a direct attack on families, originating from foreign bodies like the corrupt World Health Organisation. One Nation will fight it every step of the way.

Transcript

Senator ROBERTS: Thank you, Ms Croucher and your team, for being here. I’d like to get some information from you about your interventions and then discuss a particular case that I understand the Human Rights Commission is involved in. First, to the information, how much has the Australian Human Rights Commission spent on legal representations in immigration matters? You’ll have to take that on notice, I’m sure.

Prof. Croucher : Yes, I will take it on notice. In terms of ‘immigration matters’, I’m not sure what you mean by—

Senator ROBERTS: Advocacy for immigrants.

Prof. Croucher : Our general human rights work could include issues pertaining to immigration, but that would be very hard to particularise, because it’s part of a general mandate. In terms of involvement in external litigation, we have a little bit of intervention work that I can speak to, but it would be very hard to speak about particulars of the kind that you’re asking for. I don’t know that we can really help there.

Senator ROBERTS: We’d just like some indication of how much money is spent by the Human Rights Commission on supporting immigration matters.

Prof. Croucher : I can certainly take the question on notice, but with respect to the answer that we might be able to give, it’ll be fairly general, I would think. But we’ll do our best, Senator.

CHAIR: You can only answer what you’ve been asked.

Senator ROBERTS: That’s right.

Prof. Croucher : I’ll honour your question by taking it on notice.

Senator ROBERTS: How much has it spent in total on legal matters?

Prof. Croucher : Again, if I can, I’ll take that on notice. I can give, as a specific example, the amount we spent on intervening in the recent High Court case, the NZYQ matter. I know that figure off the top of my head. But in terms of total engagement, over what period are you interested?

Senator ROBERTS: The last decade.

Prof. Croucher : The last decade. To the extent that we can, we will provide that information; otherwise, if I may suggest it, we might reflect a more contained period to give an example of an answer to that.

Senator ROBERTS: We’d just like to get an indication of the priorities, that’s all—in terms of the money and where it goes. If 10 years is ridiculously impossible, then use a shorter period. I just want to get some indication.

Prof. Croucher : An indication, yes. It’s not very much. I can give you that indication.

Senator ROBERTS: How many cases has the Australian Human Rights Commission intervened in or appeared in for an Australian who lost a job due to a vaccine mandate, a COVID injection mandate?

Prof. Croucher : We don’t appear for people in that way. We may seek to intervene or our commissioners may seek to act as amicus within their mandates, but we don’t act for people in that way.

Senator ROBERTS: How many have you intervened in?

Prof. Croucher : With respect to that particular topic, I don’t know of any, but, again, I will confirm that on notice.

Senator ROBERTS: Let’s go to a case. Can you explain the commission’s intervention in the Federal Court case Tickle v Giggle to argue that sex—as in gendered sex—isn’t real? I’m told you’ve intervened in that.

Prof. Croucher : It’s the exercise of an amicus function of the Sex Discrimination Commissioner. Perhaps Commissioner Cody might like to speak to you directly about that.

Dr Cody : The role that the commission is playing in that matter is as amicus curiae.

Senator ROBERTS: What does that mean?

Dr Cody : It means friend of the court. Our role is to try to help the court understand some of the complex issues. Our role in intervening is to help understand the meaning of section 5B. It’s one of the first times that the Federal Court will be considering the changes to the Sex Discrimination Act that were introduced in 2013. There’s also a constitutional challenge as to whether or not it is valid under the Convention on the Elimination of all Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights. We’re intervening on those two issues.

Senator ROBERTS: Thank you. How many letters after LGB does the commission recognise?

Dr Cody : We use a range of terms to refer to the communities. Sometimes we would refer to LGBTQIA+ because of the ways in which people refer to themselves. We also use the terms that are referred to in international discussions, which are sexual orientation, gender identity expression and ‘SC’, which for the moment escapes me but is another term that is used at an international level.

Senator ROBERTS: In the Human Rights Commission submission for Tickle v Giggle, apparently the commission has argued that sex is not a biological concept, nor does it refer to male or female. Is that correct?

Dr Cody : In our submissions, as in the Sex Discrimination Act itself, the terms ‘man’, ‘woman’ and ‘sex’ are not defined. We refer to the understanding of ‘woman’ which can be both the sex that is identified at birth but also through identification through birth certificates at all state and territory levels. A person can change their recognised sex through the birth certificate recognition.

Senator ROBERTS: So the Human Rights Commission believes that sex can be changed after birth.

Dr Cody : That is recognised in law around all of the states and territories in Australia.

Senator ROBERTS: Sex is not binary, limited to male or female—another intervention?

Dr Cody : That is an argument that will occur at the Federal Court—the meanings of the words ‘man’, ‘woman’ and ‘sex’.

Senator ROBERTS: To be considered female, it just needs to say ‘female’ on a birth certificate, which a male can do at any stage of life. That’s your view?

Dr Cody : No, that’s not the view of the commission. The submissions that we have made in the Federal Court and will argue when it comes to the full hearing of the case will be looking at how that is understood within the Sex Discrimination Act and the meaning that is ascribed. As I’ve referred to both, that includes, for a man or woman, the sex that you identified with at birth but also can be changed—or recognised—through the process of altering your birth certificate.

Senator ROBERTS: I’m quoting here. ‘At least as early as the 1990s, it has been accepted that sex is changeable.’ What happened before the 1990s?

Dr Cody : It was not recognised in law.

Senator ROBERTS: The words ‘female’ and ‘woman’ include men who claim to be women. You’ve validated that. Do you really believe these submissions are in line with the biological reality of sex and with most of Australians’ views? I take it you don’t, but that is the way the law sees it.

Dr Cody : My role as the Sex Discrimination Commissioner is to apply the Sex Discrimination Act and to intervene to assist the Australian community to achieve gender equality and also to achieve the rights of the LGBTQIA+ community. That is a part of our role acting as friend of the court in this case.

Senator ROBERTS: What changed in 1990?

Dr Cody : I think there was a growing understanding at an international level and also domestically of the range of ways in which people express their sexuality and also their gender identity.

Senator ROBERTS: So this is about expression, not science or body.

Dr Cody : I think it’s probably a combination. Bodies haven’t changed, no.

Senator ROBERTS: Are you aware that sex operations, I’m told, offer only two options: male and female?

Dr Cody : I can’t help you with that question.

Senator ROBERTS: To me it seems like this is supporting an attack on family. I recognise that there can be same-sex couples having a perfectly good family, so I’m not criticising that, but this is breaking up the family. You said it came from overseas—internationally. Broader Australians don’t seem to see this as an issue. Why are we spending so much time on it?

Senator Chisholm: You’re the one spending time on it!

Senator ROBERTS: Correct—because so many people are now concerned, including Queenslanders.

Dr Cody : I think there are many people in the community for whom these are important issues, and it’s important that we can discuss them. Many in the LGBTQIA+ communities experience severe discrimination, so we need to ensure that everyone in our community can experience the full range of human rights.

Senator ROBERTS: Thank you very much.

In light of Professor Brendan Murphy’s, the Secretary Department of Health & Aged Care, evidence during the June estimates that mandates are no longer justifiable, I asked the Human Rights Commissioner, Lorraine Finlay, for their latest guidance on COVID vaccine mandates.

Commissioner Finlay’s response was that this advice has not changed throughout the COVID response in terms of general human rights principles. What this means is that although governments can restrict individual human rights in an emergency, those restrictions need to be proportionate, non-discriminatory and targeted to risk.

This goes to the heart of the problem. Decisions were made that put Australia onto an emergency footing in 2020. Yet this has dragged on beyond what is reasonable. The response has not been proportionate to the risk of the COVID infection, which the Chief Medical Officer in March of 2021 admitted was low to moderate.

Discrimination remains to this day against those who exercised their right to say no to injections, despite the coercion. We must have a system in place whereby civil liberties are rightfully returned. The Australian Human Rights Commission should be at the forefront of calling for this, yet they appear to be captured, with the exception of Commissioner Finlay, who has come out strongly in support of human rights principles.

Commissioner Finlay is looking forward to the COVID Inquiry that was recently announced, after the Senate approved my motion to establish an inquiry to recommend and report on the Terms of Reference for a COVID-19 Royal Commission. She sees the need not only to look at the economic and scientific impacts and advice that were given throughout the COVID response, but the human cost too.

Transcript

CHAIR: Senator Roberts, do you want to see if you can get some questions done?

Senator ROBERTS: Yes. As the chair said, my questions are fairly short and straight to the point. What is the latest guidance from the commission on COVID vaccine mandates? Where was that published?

Ms Finlay: I would refer you to the answer we gave you in relation to this at the previous estimates. The advice remains the same in terms of the general human rights principles that we rely on in our approach to both
vaccine mandates and all other restrictions that were imposed during the COVID-19 pandemic.

Senator ROBERTS: I must compliment you here and express my appreciation and admiration for your stand on being so clear on the Voice and on misinformation and disinformation. I also want to thank everyone for being here tonight so I could do that. Are you aware of the evidence from the Secretary of the Department of Health and Aged Care, Professor Brendan Murphy, at the previous estimates in regard to COVID mandates?

Ms Finlay: In a general sense.

Senator ROBERTS: On 1 June, Professor Brendan Murphy said – at this stage in the pandemic there is little justification for vaccine mandates. That is the most senior health bureaucrat in the country who said that. There doesn’t seem to be any updated guidance from the commission on vaccine mandates despite the fact they are still in effect at employers and are clearly a breach of human rights that’s not proportionate to any supposed benefit. Why haven’t you come out clearly on this issue?

Ms Finlay: I would answer that in two respects. The first is that the guidance in terms of the general human rights principles remains the same. We are not medical experts. I think we discussed that at the previous estimates. Our advice is based on those general human rights principles where in emergency situations governments can restrict human rights but those restrictions need to be proportionate, nondiscriminatory and targeted to risk. So the advice remains the same because of the general principles of international human rights law that we rely on in informing our views about these things and those don’t change.

Senator ROBERTS: So you as a commission essentially follow blindly? The Chief Medical Officer advised me in March 2021 that the severity of COVID was low to moderate, not severe. So it was not a crisis.

Ms Finlay: No, our advice doesn’t follow blindly. Again, I would refer back to the evidence we gave previously and note that, for example, the most recent TGA advice in relation to their vaccination safety report
repeated the same advice that we discussed at the previous estimates in terms of the benefits of the vaccination outweighing the risks. It’s on the basis of that that the general principles of human rights law then apply.

Senator ROBERTS: I appreciate that you probably haven’t got any latitude to investigate, but the TGA told me at Senate estimates in February, I think, that they did not test the injections. They relied on the FDA in
America, which did not test injections. It relied on Pfizer, which shut down the trial because of the horrendous results.

Ms Finlay: I can’t provide any information on that—

Senator ROBERTS: No, I wasn’t expecting that. I’m just—

Ms Finlay: but I would refer to the second aspect of the answer that I was meaning to get to, which is that we welcome the opportunity for these issues to be explored at the COVID-19 inquiry that’s been announced. Certainly we have made public comments in relation to that inquiry about the need to not only look at the economic and scientific impacts of advice that was given throughout the pandemic but at the human cost of the
pandemic as well.

Senator ROBERTS: That’s refreshing to hear. Thank you.