Key events
What we learned: Thursday 3 October
With that, we will bid farewell to the blog for the day. Thanks for being with us and, as always, we’ll be back first thing tomorrow.
Here were the major developments of the day:
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The pro-Palestine vigil planned for 7 October will be going ahead after organisers revealed it has become a standing vigil, which does not require a form 1 application.
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The mayor of Sydney, Clover Moore, said “shutting down protests is not the answer” and called for protests to be allowed to go ahead, while the premier, Chris Minns, said that stopping the pro-Palestine and Lebanon rally planned for Sunday could protect Sydney’s “critical infrastructure”.
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The Australian federal police is investigating nine complaints over alleged public displays of prohibited symbols in Victoria after weekend protests in Melbourne against Israel’s attacks on Lebanon.
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Acclaimed pianist Jayson Gillham has filed legal proceedings against the Melbourne Symphony Orchestra in the federal court. Gillham, whose performance with the MSO was cancelled after a dedication on stage to Palestinian journalists who had died in the Gaza conflict, alleged that he was “silenced for speaking the truth – that Israel targets journalists”.
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And the Australian National University has proposed a reorganisation of its academic structure, with vice-chancellor Prof Genevieve Bell admitting the university is facing “a substantial financial challenge”.
Continued from previous post:
A Greens spokesperson said the PWSS had been “essential” in supporting MPs and senators’ offices to maintain safe workplaces “despite the challenging nature of political work”.
The PWSS is the independent service established after the Jenkins review into parliament’s culture.
The leader’s office has no legal power to resolve disputes between staff and any individual Senator’s office, and if any member of staff raises a complaint, they are encouraged and offered support to pursue it through the independent PWSS, and that occurred here. The Greens will not comment on any individual cases in relation to staff.
Bandt cuts press conference short after being questioned about allegations of bullying against senator
Greens leader Adam Bandt has cut a press conference in Perth short after declining to answer a series of questions about steps his office had made to investigate allegations made against the party’s WA senator, Dorinda Cox.
Bandt was responding to a Sydney Morning Herald report on alleged bullying by Cox. The report said 20 staff had quit her office in three years and that several had lodged formal complaints with the parliamentary workplace support service and Bandt’s office alleging a hostile culture.
Bandt told reporters any time a staff member came to him or his team with an issue, it was taken “very seriously”, while neglecting to say whether Cox would keep her First Nations portfolio or if an investigation would be launched.
Senator Dorinda Cox, who was not present at the press conference, told Guardian Australia she was “very proud” of her team and the “hard-working people” that had been a part of it since her election in 2022.
I have continued to work respectfully and collaboratively with my colleagues and team, and will continue to work to incorporate a holistic work life balance to our offices. I continue to be very grateful to the Parliamentary Workplace Support Service (PWSS) for the work they do in helping offices across the country, including mine, despite what can be challenging circumstances both politically and personally.
Continued in next post.
NSW Greens: democracy has ‘won the day’
The New South Wales Greens have backed the supreme court’s decision for a pro-Palestine protest to go ahead as a vigil, declaring democracy has “won the day”.
Earlier, it was revealed a NSW police application to prohibit pro-Palestine assemblies in Sydney on 6 and 7 October had failed.
Following a day of hearings and negotiations between police and the Palestine Action Group (PAG), it was agreed the assemblies would go ahead as a vigil and police would withdraw its application.
Greens MP and spokesperson for justice, Sue Higginson, said the NSW police force had used “poor judgment and use of public resources”.
Once again a grassroots community justice movement has stood up for and defended our democracy and the fundamental right to protest in the courts against the strong-arm of an emboldened law-and-order state.
The right of all individuals to exercise freedom of speech and the right to assemble peacefully has won the day, but the reality is, it should never have been on trial. If protest was enshrined into law in NSW as it is in other states and territories, the NSW police force would not be so emboldened to attempt to remove these rights.
Sydney pro-Palestine rally organisers to hold Sunday protest and Monday vigil after negotiations with NSW police
Mostafa Rachwani
The pro-Palestine vigil planned for 7 October will be going ahead after organisers revealed it has become a standing vigil, which does not require a form 1 application.
They also revealed that the protest schedule for Sunday has been approved by police after organisers made changes to the route of the procession in last-minute negotiations.
On the steps of the NSW supreme court, Amal Naser of the Palestine Action Group claimed victory in their stoush with NSW police, saying all of the plans will be going ahead.
This is a good moment for democratic rights as well as the fight for Palestinian liberation. We ultimately got everything we wanted.
We had a strong case and we were going to win anyway. We’ve reached a good outcome, and it’s what we’ve been saying all along. We have the right to protest, and we need to protest now more than ever.
The route we are marching is a route we have marched dozens of times before, and it’s a route we are happy with.
Thanks for your work Cait Kelly. It’s Caitlin Cassidy here (Cait #2) until stumps.
Parties engaged in ‘good faith process’ during difficult time, judge says
In the supreme court, the parties have reached an agreement, but we are waiting for more detail on that.
The summons was dismissed and there is about to be a press conference outside court. We will bring you that as it comes.
Before court was adjourned, the judge said:
Can I just say this, it is apparent to me from the evidence that over the course of the last typical 51 weeks, the commissioners, the defendants … have engaged in very difficult times, in a good faith process to seek to manage the balance, on the one hand, of a right to peaceful assembly with on the other hand, legitimate concerns about public safety.
It is to the credit of the parties that they have done so.
Melbourne Symphony Orchestra responds to news of legal action by pianist
The MSO has responded to news pianist Jayson Gillham is taking action against it in the federal court. In a statement, MSO said:
The Melbourne Symphony Orchestra has today been served with a statement of claim by Jayson Gillham commencing proceedings in the Federal Court.
The Melbourne Symphony Orchestra is reviewing the court documents and will respond at the appropriate time.
IMF: phasing out tax breaks could create a fairer tax system
The International Monetary Fund has found “tax breaks, including from capital gains tax discount and superannuation concessions, could be phased out to generate a more equitable and efficient tax system”.
In a statement, Greg Jericho, chief economist at the Australia Institute said:
The IMF has just confirmed what everyone knows – the tax concessions on superannuation and the capital gains discount make Australia less fair and should be reformed.
The capital gains discount and negative gearing have distorted Australia’s housing market for a quarter of a century.
As a result, home ownership rates are declining as fewer and fewer people can afford to buy a house.
Reforming these tax concessions would allow more Australians to realise their ambitions of owning a home and make Australia a fairer country.
Back in the NSW supreme court, Palestine Action Group spokesperson Josh Lees is being asked whether their marshals will be able to handle the planned protests on the weekend if they go ahead.
Lees says “they’ve managed very well” if you look at the record of the past 50 weeks of protests.
Lachlan Gyles, representing the police, suggested they had not managed a crowd “of this nature” where there was a lot of heightened emotions.
Lees said:
I don’t think that’s true. We’ve been dealing with a whole series of very emotional and devastating moments. For the last year.
Man charged over FriendlyJordies firebombing granted bail
A man charged over the firebombing of Jordan Shanks-Markovina – better known by his online alias of FriendlyJordies – has been granted bail, AAP reports.
Andre Stepanyan is one of two men charged over an alleged arson attack on Shanks-Markovina’s Bondi home in November 2022.
Stepanyan, who is charged with destroying property in company and participating in a criminal group, appeared for a bail hearing in the NSW supreme court on Thursday.
The 38-year-old was allegedly the driver behind the wheel of a black Mercedes that took at least two passengers to the house.
His lawyer Bianca Barnes said:
I think an issue at trial is going to be whether or not he had any knowledge of what was happening.
There was no evidence Stepanyan was associated with any criminal groups at the time of the firebombing in November 2022, Barnes added.
Sydney Metro maintenance workers to strike on Friday morning over pay increases
Maintenance workers on the Sydney Metro service are set to strike and picket the entrance of Tallawong metro station from 7am to 9am tomorrow after contractor Alstom’s refusal to provide reasonable wage increases, the Australian Manufacturing Workers’ Union says.
AMWU NSW state organiser Nathan Everson said commuters needed safe, reliable transport and rail workers deserved a fair pay deal.
Workers at Alstom have been maintaining rolling stock for the past five years, delivering an essential service to the community.
The protected action will undoubtedly have an impact on the new service.
Workers would prefer not to have to take protected industrial action, particularly following the NSW Government showcasing the new Metro service in August, but they don’t feel as if they have a choice at this stage.
Private contracting on major transport projects has become a prominent issue for our workforce. Workers are undervalued and unsafe as a result. This comes as no surprise considering how the Minns Government have been treating Nurses, Teachers, and Firies.
Workers deserve better, commuters deserve better, and we call on the NSW government to step in and do something about it.
Planned protest a ‘tinderbox’, police assistant commissioner tells Sydney court
In the supreme court hearing on the pro-Palestine protest in Sydney this weekend, the assistant commissioner, Peter McKenna, who is the police commander for the area, said the situation was a “tinderbox” because the planned protest would go near the Great Synagogue in Sydney’s CBD.
McKenna:
It would be provocative to re-enter near the Great Synagogue, especially given the significant number of people I expect. Hard for police to ensure public safety.
Things that come to us that would see clear provocation or even placing people in positions where often it only takes one or two people to say the wrong thing … it could be a tinderbox and something significant we would have to deal with.
It’s understood the protest has previously gone near the synagogue.
AFP investigating nine complaints over alleged public display of prohibited signals in Victoria
The AFP has put out a statement about protesters allegedly carrying photos of Hezbollah flags and portraits of leader Hassan Nasrallah during weekend protests in Melbourne against Israel’s attacks on Lebanon.
In a statement, the AFP said:
The AFP’s Counter Terrorism and Special Investigations Command (in Victoria) has established Operation Ardvarna, which is investigating nine complaints of allegedly publicly displayed prohibited symbols in Victoria while potentially inciting or advocating violence, or hatred, based on race and religion.
The nine reports originate in Victoria and have been provided by Victoria Police (3) and to the National Security Hotline (1), Report of Crime (portal) (4) and proactive investigation into a media article (1) allegedly identifying an individual. It is likely the number of investigations will increase, and some state and territory police agencies have their own investigations underway.
The process for AFP investigators includes triaging and assessing referrals, identifying persons of interest, developing investigation plans to assist ongoing investigations and to provide strategies for disruption and/or overt activity.
While state and territory police agencies primarily focus on public order management for protests, the AFP has offered or is providing support to agencies ahead of expected protests over the coming days.
The nine investigations undertaken by the AFP are a priority. However, the community can be assured that the AFP is also continuing to focus on its primary role that it does 365 days a year – that includes investigating and disrupting terrorism, radicalisation, foreign interference and espionage.
The AFP is committed to keeping the community informed on protest investigations.
The NSW supreme court hearing has returned.
Lachlan Gyles, representing the police, said what they are effectively dealing with is an informal form 1, based on what is proposed.
He said the difference between this and the prior proposal is “there is less controversy about it” in terms of the “suitability”. He also said the “area of contention is going to be much narrowed.”
Arjun Chhabra, representing the organisers, earlier said the 6 October protest would begin at Hyde Park, rather than Town Hall.
He said clients were seeking protection, not authorisation for the 6 October rally.
Because the onus is on plaintiff to obtain prohibition, as opposed to the defendant, currently, authorisation.