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They Sued The Govt For A Duty Of Care (Read 80 times)
whiteknight
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They Sued The Govt For A Duty Of Care
Jan 11th, 2025 at 6:33am
 
Prominent Australians call for climate laws to protect future generations

Dec 11 2024
ABC News

young woman with long dark hair wearing a navy blue blazer stands with arms crossed in room with warm wall lighting
Climate activist Anjali Sharma is passionate about safeguarding a future for her generation and the planet.

In short:   Smiley
High-profile Australians have signed a letter to the federal government demanding climate protection laws.

Spearheaded by young activist Anjali Sharma, it asks the government to consider the health and wellbeing of future generations when making climate change decisions.

What’s next?
The initial proposal was rejected by a Senate inquiry, but the young activists are hoping to negotiate  with the government on the bill.


A number of prominent Australians have written to the federal government urging them to introduce a law that would compel politicians to consider the health and wellbeing of future generations when making decisions related to climate change.     

The campaign for what's known as duty of care laws is being spearheaded by youth climate activist Anjali Sharma, who previously sued the government over a coal mine expansion. 

The letter has been signed by former Australian of the Year Grace Tame, Pacific leaders such as the Vanuatu climate envoy Ralph Regenvanu, author Tim Winton, former Liberal leader John Hewson, Olympian Emma McKeon, former Socceroo and activist Craig Foster, and businesswoman Lucy Turnbull, alongside other organisations and individuals.

A composit image of Grace Tame and Tim Winton
Grace Tame and Tim Winton are both signatories of a letter demanding a "duty of care" from the government.

It was released to coincide with the confirmation that 2024 was the hottest year on record.   Shocked

"A child turning 10 years old this year has lived through the 10 hottest years on record. How many more records will be broken in this child's lifetime? How many more broken records will future generations witness?" the letter read.

Climate change will affect "the lives of today's children tomorrow and those of their children much more than ours", the UN's climate reports have found.

They say unless there are drastic cuts to emissions there will be more disasters, heat stress and less water and food availability.

A government's 'duty of care'
Ms Sharma worked with independent senator David Pocock to propose a duty of care amendment to the Climate Change Act in 2023.

"[It's] basically to ensure that government decision-makers, when making decisions in the realm of climate change, must do so with the health and well-being of young people as a paramount consideration," Ms Sharma said.

Anjali stands next to David Pocock surrounded by media
Climate activist Anjali Sharma and Independent senator David Pocock at a press conference at Parliament House in Canberra in 2023.

It would apply to projects releasing more than 100,000 tonnes of carbon emissions over their lifetime and "broaden the grounds on which the government decision-makers have to scrutinise their decisions by", according to Ms Sharma.

"Right now, that's things like biodiversity, like endangered species. But there's no consideration in there of future generations. And to us, that seems ridiculous," she told the ABC.   Sad

The proposal was rejected by a Senate inquiry, which concluded the bill would fail to achieve its aim. It did, however, concede that policies and assessments would benefit from more emphasis on the implications for children and future generations.

The government agreed with the inquiry's findings, adding that it was already taking strong action to cut greenhouse gas emissions which was central to protecting Australian children.

In its response, the government noted it was considering how to make use of the Australian Human Rights Commission's Child Rights Impact Assessment Tool in a climate change context.

The tool is a checklist that helps governments assess how new laws and policies affect children's rights and wellbeing and whether those decisions are in their best interest.

A view behind of a student on stage with short brown hair raising her fist in the air, a large crowd is blurred in front of her.
A student speaks on stage at a School Strike 4 Climate rally in Sydney.

Ms Sharma and the young activists supporting her campaign want to use the inquiry's findings to negotiate with the government on the bill, saying it would help move politics beyond the "short-termism that we've seen plague our politics for so long."

"They make decisions to ensure that in three years they'll be delivered right back," Ms Sharma said.

In response to questions from the ABC, Climate Change Minister Chris Bowen gave no indication as to whether the government would reconsider the proposed duty of care laws, but agreed that "climate action is needed".

Suing the government   Smiley
This legislative push for a duty of care is the latest iteration of a long campaign for the 20-year-old climate activist.

Ms Sharma was the lead litigant in a landmark case where eight young Australians sued then-environment minister Sussan Ley in 2021. They argued the minister had a duty to consider how her decision on a coal mine expansion would affect their health and wellbeing.

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whiteknight
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Re: They Sued The Govt For A Duty Of Care
Reply #1 - Jan 11th, 2025 at 6:40am
 
According to Rebekkah Markey-Towler from Melbourne Law School, duty of care and negligence cases were an important way for people to vindicate their rights and feel looked after by the state and other organisations.

"These cases aren't specifically tied to climate change. They've been a really important part of the landscape in Australia for many, many years, [but] now you see climate litigants starting to bring these cases in the climate context," Ms Markey-Towler said.


Rebekkah Markey-Towler from Melbourne Law School says Australia will see more climate litigation.

The Sharma case was heard by a single judge in the Federal Court, and initially, the young activists won. However, the minister appealed the decision to the full Federal Court, and the decision was overturned.

As part of the findings, the chief justice stated that such a duty of care was best introduced as legislation through parliament, rather than imposed by the courts.

Importantly, the court never disputed the argument that climate change and the fossil fuel emissions driving it were a risk to future generations.

Since then, Ms Sharma has been working on ways to bring forth the legislation in the federal parliament.

Three teenage girls sit on a bed having a conversation
Climate activist Anjali Sharma with her friends in her Canberra dorm room.

"It was extraordinary that there was a duty of care held at first instance. But no, I don't think that this is the remit of governments. I think it's essential for judges to be active in climate change," Ms Markley-Towler said.

"Climate change isn't really an issue where you can wait … I really understand why Anjali Sharma is going down the legislative route."

Duty of care climate cases
The Sharma case was the first of its kind in Australia, but climate litigation is becoming more common around the world.

In December, the US state of Montana's supreme court upheld a decision where 16 young people successfully sued their government over their right to a clean and healthful environment.   Smiley


Cyclones, heatwaves, fire and flooding — we've seen it all. In this six-part series, Tyne Logan explores what we have learned from Australia's extreme weather events and how to better prepare for the future.

Ms Sharma says these cases address the "disproportionate burden" coming generations will shoulder when it comes to climate impacts.

"There's widespread evidence and knowledge now that young people, future generations and the generations of today will be worst-affected by climate change," she said.

Another case using a similar duty-of-care argument was recently heard by the Federal Court, with two Torres Strait Islanders as plaintiffs.

"That [case is] trying again to say that the Australian government owes Torres Strait Islanders a duty of care and negligence to act on climate change," Ms Markey-Towler said.

A decision on the case is expected this year.


Anjali Sharma Call of Duty on YouTube.

Despite the leadership of the country being up for grabs in an election year, Ms Sharma said she did not approach the Coalition with the same demands.

"To be honest, it was addressed directly to the government because they're the ones that have spoken all this rhetoric about climate action, about ending the climate wars, about creating a future for young people," she said.

"They've talked such a big game about their desire to build a future for young people. And it's now something that we're holding them to account for."   Smiley
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Gnads
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Re: They Sued The Govt For A Duty Of Care
Reply #2 - Jan 11th, 2025 at 7:25am
 
whiteknight wrote on Jan 11th, 2025 at 6:33am:
Prominent Australians call for climate laws to protect future generations

Dec 11 2024
ABC News

young woman with long dark hair wearing a navy blue blazer stands with arms crossed in room with warm wall lighting
Climate activist Anjali Sharma is passionate about safeguarding a future for her generation and the planet.

In short:   Smiley
High-profile Australians have signed a letter to the federal government demanding climate protection laws.

Spearheaded by young activist Anjali Sharma, it asks the government to consider the health and wellbeing of future generations when making climate change decisions.

What’s next?
The initial proposal was rejected by a Senate inquiry, but the young activists are hoping to negotiate  with the government on the bill.


A number of prominent Australians have written to the federal government urging them to introduce a law that would compel politicians to consider the health and wellbeing of future generations when making decisions related to climate change.     

The campaign for what's known as duty of care laws is being spearheaded by youth climate activist Anjali Sharma, who previously sued the government over a coal mine expansion. 

The letter has been signed by former Australian of the Year Grace Tame, Pacific leaders such as the Vanuatu climate envoy Ralph Regenvanu, author Tim Winton, former Liberal leader John Hewson, Olympian Emma McKeon, former Socceroo and activist Craig Foster, and businesswoman Lucy Turnbull, alongside other organisations and individuals.

A composit image of Grace Tame and Tim Winton
Grace Tame and Tim Winton are both signatories of a letter demanding a "duty of care" from the government.

It was released to coincide with the confirmation that 2024 was the hottest year on record.   Shocked

"A child turning 10 years old this year has lived through the 10 hottest years on record. How many more records will be broken in this child's lifetime? How many more broken records will future generations witness?" the letter read.

Climate change will affect "the lives of today's children tomorrow and those of their children much more than ours", the UN's climate reports have found.

They say unless there are drastic cuts to emissions there will be more disasters, heat stress and less water and food availability.

A government's 'duty of care'
Ms Sharma worked with independent senator David Pocock to propose a duty of care amendment to the Climate Change Act in 2023.

"[It's] basically to ensure that government decision-makers, when making decisions in the realm of climate change, must do so with the health and well-being of young people as a paramount consideration," Ms Sharma said.

Anjali stands next to David Pocock surrounded by media
Climate activist Anjali Sharma and Independent senator David Pocock at a press conference at Parliament House in Canberra in 2023.

It would apply to projects releasing more than 100,000 tonnes of carbon emissions over their lifetime and "broaden the grounds on which the government decision-makers have to scrutinise their decisions by", according to Ms Sharma.

"Right now, that's things like biodiversity, like endangered species. But there's no consideration in there of future generations. And to us, that seems ridiculous," she told the ABC.   Sad

The proposal was rejected by a Senate inquiry, which concluded the bill would fail to achieve its aim. It did, however, concede that policies and assessments would benefit from more emphasis on the implications for children and future generations.

The government agreed with the inquiry's findings, adding that it was already taking strong action to cut greenhouse gas emissions which was central to protecting Australian children.

In its response, the government noted it was considering how to make use of the Australian Human Rights Commission's Child Rights Impact Assessment Tool in a climate change context.

The tool is a checklist that helps governments assess how new laws and policies affect children's rights and wellbeing and whether those decisions are in their best interest.

A view behind of a student on stage with short brown hair raising her fist in the air, a large crowd is blurred in front of her.
A student speaks on stage at a School Strike 4 Climate rally in Sydney.

Ms Sharma and the young activists supporting her campaign want to use the inquiry's findings to negotiate with the government on the bill, saying it would help move politics beyond the "short-termism that we've seen plague our politics for so long."

"They make decisions to ensure that in three years they'll be delivered right back," Ms Sharma said.

In response to questions from the ABC, Climate Change Minister Chris Bowen gave no indication as to whether the government would reconsider the proposed duty of care laws, but agreed that "climate action is needed".

Suing the government   Smiley
This legislative push for a duty of care is the latest iteration of a long campaign for the 20-year-old climate activist.

Ms Sharma was the lead litigant in a landmark case where eight young Australians sued then-environment minister Sussan Ley in 2021. They argued the minister had a duty to consider how her decision on a coal mine expansion would affect their health and wellbeing.



I'd suggest if Anjali Sharma wants to make a difference she should head to her birth country - India.

Plenty to do there.
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"When you are dead, you do not know you are dead. It's only painful and difficult for others. The same applies when you are stupid." ~ Ricky Gervais
 
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whiteknight
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Re: They Sued The Govt For A Duty Of Care
Reply #3 - Jan 11th, 2025 at 7:53am
 
I suggest the government no matter who they are, start taking more notice of our young people.  Climate change is a big issue.  Also lets not forget there is an election coming up.   Now I wonder, who will they vote for?.   Smiley
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Carl D
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Re: They Sued The Govt For A Duty Of Care
Reply #4 - Jan 11th, 2025 at 8:54am
 
Well, seeing as the government has abandoned their "duty of care" regarding Covid, especially deaths in Aged Care, I'm pretty sure they also couldn't care less about people being affected by climate change.

Besides, Australia isn't the problem here.

And, a large part of this problem is caused by what you see in the attached image. When is something going to be done about that (especially as the majority of air travel is frivolous holidays)?

I won't be holding my breath (although we may all have to do that eventually when we end up not being able to breathe the polluted air worldwide).
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« Last Edit: Jan 11th, 2025 at 10:02am by Carl D »  

** Repeat Covid infections exercise our immune system in the same way that repeat concussions exercise our brain **
 
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