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You can find the current article at its original source at https://www.theguardian.com/australia-news/live/2019/nov/12/one-nation-declares-nationals-no-longer-party-of-the-bush-politics-live
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| Greens senator says major parties are 'no better than arsonists' – politics live | Greens senator says major parties are 'no better than arsonists' – politics live |
| (32 minutes later) | |
| Jordon Steele-John uses energy debate to attack Labor and Coalition support of coal industry | Jordon Steele-John uses energy debate to attack Labor and Coalition support of coal industry |
| The solicitor general, Stephen Donaghue, has asked the high court to refuse Annika Smethurst’s bid to order police to destroy evidence seized in the raid of her home to preserve evidence for possible future prosecution. | |
| Donaghue noted that evidence seized in the raid can be used to prosecute offences other than the one listed on the warrant – namely, the police could use it to prosecute Smethurst’s source. | |
| He said Smethurst is “at the other end” of an alleged unlawful disclosure, a “serious breach” of the Intelligence Services Act. | |
| There is discretion for a court in a possible future criminal trial to reject evidence that was unlawfully obtained, and Donaghue asked that the court not order destruction or return of evidence that would “pre-empt” that process. | |
| He noted that even if Smethurst wins in her constitutional argument that the offence police were investigating in relation to her publication of the material was unconstitutional, the material should still be left in police’s hands because of the possibility it could be used to prosecute her source. | |
| Mark Butler has put out this statement on Angus Taylor: | |
| Mike Bowers has been out and about | |
| Penny Wong just tried to bring an end to question time – “I think the time for questions has expired,” she says, probably hopefully. | |
| Alas, no. There are two more minutes. | Alas, no. There are two more minutes. |
| Annika Smethurst’s lawyers have been urged to clarify their case on whether material copied from her phone was confidential to support her bid to force police to delete the information taken during the raid on her home. | Annika Smethurst’s lawyers have been urged to clarify their case on whether material copied from her phone was confidential to support her bid to force police to delete the information taken during the raid on her home. |
| On Tuesday the high court stood over oral submissions to Wednesday’s hearing to give Smethurst’s counsel time to clarify her case and consider seeking an order to prevent the use of material copied from her phone rather than its destruction. | On Tuesday the high court stood over oral submissions to Wednesday’s hearing to give Smethurst’s counsel time to clarify her case and consider seeking an order to prevent the use of material copied from her phone rather than its destruction. |
| Smethurst has asked the court for an injunction ordering the police to destroy material collected and copied from her phone on the basis the raid in June constituted trespass. | Smethurst has asked the court for an injunction ordering the police to destroy material collected and copied from her phone on the basis the raid in June constituted trespass. |
| Smethurst’s counsel, Stephen Lloyd, was grilled repeatedly about how the court could order destruction of documents, without a breach in equity such as a breach of confidence. | Smethurst’s counsel, Stephen Lloyd, was grilled repeatedly about how the court could order destruction of documents, without a breach in equity such as a breach of confidence. |
| Chief justice Susan Kiefel said that a breach of confidentiality could result in destruction of confidential material but noted “that’s not this case” and the plaintiffs had “never said the information was confidential to the plaintiff”, an observation echoed by Justice Patrick Keane. | Chief justice Susan Kiefel said that a breach of confidentiality could result in destruction of confidential material but noted “that’s not this case” and the plaintiffs had “never said the information was confidential to the plaintiff”, an observation echoed by Justice Patrick Keane. |
| Justice Geoffrey Nettle noted that trespass could result in damages but asked what grounds Smethurst had to ask for destruction of the information “if it is not confidential – and it doesn’t sound like it is [confidential] to you”. | Justice Geoffrey Nettle noted that trespass could result in damages but asked what grounds Smethurst had to ask for destruction of the information “if it is not confidential – and it doesn’t sound like it is [confidential] to you”. |
| Lloyd responded that damages were “not an adequate remedy” and although the plaintiffs hadn’t asserted breach of confidence the court should undo the wrong of material being “forcibly taken from the phone” through the torts of trespass and conversion. | Lloyd responded that damages were “not an adequate remedy” and although the plaintiffs hadn’t asserted breach of confidence the court should undo the wrong of material being “forcibly taken from the phone” through the torts of trespass and conversion. |
| Kiefel suggested some of the material may be confidential depending on its “ultimate source” and queried whether a negative injunction ordering the police not to use the information would be sufficient. Lloyd said that it may be. | Kiefel suggested some of the material may be confidential depending on its “ultimate source” and queried whether a negative injunction ordering the police not to use the information would be sufficient. Lloyd said that it may be. |
| Lloyd then changed tack, arguing that copied material is confidential in the sense that “it’s on their own phone and they’re the only one that can access it”. | Lloyd then changed tack, arguing that copied material is confidential in the sense that “it’s on their own phone and they’re the only one that can access it”. |
| After a short break, the court returned and Kiefel suggested it stand over submissions on relief so that Smethurst’s counsel could consider their position further. | After a short break, the court returned and Kiefel suggested it stand over submissions on relief so that Smethurst’s counsel could consider their position further. |
| Lloyd suggested on Wednesday he may shift Smethurst’s case to seek a negative injunction preventing police using material seized and copied, rather than its destruction. | Lloyd suggested on Wednesday he may shift Smethurst’s case to seek a negative injunction preventing police using material seized and copied, rather than its destruction. |
| Kiefel replied that Lloyd would still have to examine the “underlying cause [of action]” and warned “the basis for a negative or mandatory injunction needs to be dealt with with a good degree of particularity tomorrow morning”. | Kiefel replied that Lloyd would still have to examine the “underlying cause [of action]” and warned “the basis for a negative or mandatory injunction needs to be dealt with with a good degree of particularity tomorrow morning”. |
| Again, it was Barnaby Joyce who raised the issue in response to a question about resources for hazard reduction burns. | Again, it was Barnaby Joyce who raised the issue in response to a question about resources for hazard reduction burns. |
| His comments were run in full. | His comments were run in full. |
| Barnaby Joyce has explained his comments to Sam Maiden at the New Daily: | Barnaby Joyce has explained his comments to Sam Maiden at the New Daily: |
| Jacqui Lambie asks about the number of lobbying and unescorted passes in parliament. | Jacqui Lambie asks about the number of lobbying and unescorted passes in parliament. |
| It is a question for Scott Ryan, as a representative of DPS. | It is a question for Scott Ryan, as a representative of DPS. |
| Ryan refers her estimate hearings transcripts. | Ryan refers her estimate hearings transcripts. |
| It is worth noting that Barnaby Joyce brought this up himself – he was asked about whether or not fire and emergency service workers had enough resources for hazard reduction, and included the deaths of Vivian Chaplain and George Nole and his view of their political leanings in his answer, without any prompting. | It is worth noting that Barnaby Joyce brought this up himself – he was asked about whether or not fire and emergency service workers had enough resources for hazard reduction, and included the deaths of Vivian Chaplain and George Nole and his view of their political leanings in his answer, without any prompting. |
| I am not sure there is ever an appropriate time to bring that up – and not just because now is not the time “to talk politics”. | I am not sure there is ever an appropriate time to bring that up – and not just because now is not the time “to talk politics”. |
| Richard Colbeck is now talking about all the action the government has taken on aged care. | Richard Colbeck is now talking about all the action the government has taken on aged care. |
| Given that most of the response has been “this is terrible, and we will look at it”, it is not the strongest of answers here. | Given that most of the response has been “this is terrible, and we will look at it”, it is not the strongest of answers here. |
| Does Simon Birmingham have any information about potential power blackouts in South Australia, Stirling Griff asks? | Does Simon Birmingham have any information about potential power blackouts in South Australia, Stirling Griff asks? |
| Grid reliability in SA is improving, Birmingham says. | Grid reliability in SA is improving, Birmingham says. |
| The reliability standard in SA is “expected to be met”. | The reliability standard in SA is “expected to be met”. |
| Oh look – a lot of it is because of new renewables coming on to the grid. | Oh look – a lot of it is because of new renewables coming on to the grid. |
| We move on to the dairy code of conduct – and why the exposure draft has been changed (which was the question Bridget McKenzie couldn’t answer this morning on ABC radio). | We move on to the dairy code of conduct – and why the exposure draft has been changed (which was the question Bridget McKenzie couldn’t answer this morning on ABC radio). |
| There is still not an answer. But we do have a nice history of how we got here. | There is still not an answer. But we do have a nice history of how we got here. |