WEBVTT - How police try to shut down climate protests

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<v Speaker 1>Tell me about last year's blockade. What was it like

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<v Speaker 1>out on the water.

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<v Speaker 2>We actually had a storm roll in, a little squall

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<v Speaker 2>just before four pm, and the rain was lashing down

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<v Speaker 2>and there were some lightning strikes and we were thinking, geez,

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<v Speaker 2>we're not going to be able to get on the water.

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<v Speaker 2>And then all of a sudden, the clouds parted at

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<v Speaker 2>about three point thirty and we could see dolphins coming

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<v Speaker 2>in through the harbor and then it was go time.

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<v Speaker 3>A massive protest is underway at Newcastle Port by a

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<v Speaker 3>climate defense group in what could be the largest civil

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<v Speaker 3>disobedience action in Australia's history.

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<v Speaker 2>We paddled out into the middle of the channel. We

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<v Speaker 2>were waiting for that four pm deadline to see what

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<v Speaker 2>would happen, to see what the cops would do, because

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<v Speaker 2>of course that was the end of our quarter.

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<v Speaker 1>Proof period and you were one of the arrests that day.

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<v Speaker 2>Yeah, that's right.

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<v Speaker 1>Can I ask your personal decision to stay out past

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<v Speaker 1>four pm? What drove you to do that?

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<v Speaker 2>I think I wanted to be part of history.

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<v Speaker 4>From sports media, I'm Daniel James. This is seven AM

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<v Speaker 4>a year on for one of the biggest environmental protests

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<v Speaker 4>in Australian history. The activists behind it a group called

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<v Speaker 4>Rising Tide, preparing to blockade's Newcastle Coalport once again, but

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<v Speaker 4>they've hit a stumbling block that saw the protest as

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<v Speaker 4>challenged in the Supreme Court before the blockade had ever begun.

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<v Speaker 4>In New South Wales, protesters are criminalized more than anywhere

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<v Speaker 4>else in the country, and Premier Chris Means is calling

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<v Speaker 4>for even stronger police powers to shut protests down, raising

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<v Speaker 4>questions about over each when it comes to quelling people's

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<v Speaker 4>right to assembly. Today producer Shane Anderson on the growing

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<v Speaker 4>creep of protests crackdowns nationwide, leaving activists fighting for the

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<v Speaker 4>right to demonstrate. It's Friday, November twenty two. Shane, You've

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<v Speaker 4>been looking into the case of climate activists Rising Tide

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<v Speaker 4>and their upcoming blockade of Newcastle Coalport. Can you tell

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<v Speaker 4>me about this group?

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<v Speaker 1>Yeah, I can tell you that they formed in two

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<v Speaker 1>thousand and five in Newcastle, which is two hours north

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<v Speaker 1>of Sydney, and that they're one of several blockade groups

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<v Speaker 1>in Australia. But even though they're all galvanized around climate action,

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<v Speaker 1>they each have different philosophies towards civil disobedience. So Rising

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<v Speaker 1>Tide have a really clear charter. They want the government

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<v Speaker 1>to phase out coal exports, They want to end approvals

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<v Speaker 1>of all new oil and gas projects, and they want

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<v Speaker 1>to fund the energy transition with attacks on mining profits

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<v Speaker 1>and so to do this they make a of only

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<v Speaker 1>targeting fossil fuel infrastructure and that's what they did last year.

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<v Speaker 1>Last year they blockaded the port of Newcastle for thirty

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<v Speaker 1>hours and there were one hundred and nine arrests all up,

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<v Speaker 1>including Australia's oldest man arrested for climate activism, the Reverend

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<v Speaker 1>Alan Stewart, who was ninety seven years old at the time.

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<v Speaker 5>There were so many in this country, particularly in the

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<v Speaker 5>coal industry, who were not concerned with what is going

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<v Speaker 5>to be.

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<v Speaker 1>Another person who was arrested was Zach Schofield.

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<v Speaker 2>So Hi, my name's Zach. I'm a Newcastle local law

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<v Speaker 2>student and I've been an organizer with Rising Tide for

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<v Speaker 2>the last two years.

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<v Speaker 1>Zach told me that he basically grew up in the

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<v Speaker 1>shadow of this coalport, which is the biggest of its

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<v Speaker 1>kind in the world.

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<v Speaker 2>Can hear the foghorns overnight and you can go to

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<v Speaker 2>the beach and see the ships lined up just offshore.

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<v Speaker 2>I would count them with my mum. I suppose it

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<v Speaker 2>took a while to realize that, you know what's being

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<v Speaker 2>exported there, that's death.

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<v Speaker 1>And Zach told me that when it came to doing

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<v Speaker 1>a blockade again this year, you know, he pointed out

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<v Speaker 1>that we had the hottest year globally on record. He

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<v Speaker 1>pointed out all of the new minor approvals and expansions,

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<v Speaker 1>so there really wasn't any question of not doing it

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<v Speaker 1>again this year. But this time they wanted to make

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<v Speaker 1>it bigger, get more people out on the water, you know,

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<v Speaker 1>in these little kayaks paddling up against these huge coll

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<v Speaker 1>ships to try and get the message out that they

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<v Speaker 1>don't think the government is moving fast enough to stop

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<v Speaker 1>climate change. And it's this plan that has already seen

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<v Speaker 1>them I have to defend themselves in the Supreme Court

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<v Speaker 1>before the protest has even begun.

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<v Speaker 4>So how did that happen?

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<v Speaker 1>Yeah, so it started when they submitted their form one.

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<v Speaker 1>It's a notice of intention that you send to the

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<v Speaker 1>Police Commissioner that you want to hold a protest, and

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<v Speaker 1>it's just you know, two pieces of paper, five little

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<v Speaker 1>sections that you fill out. And yet it's this little

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<v Speaker 1>piece of paperwork that's at the center of all this.

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<v Speaker 1>I spoke to Brandy Coglin. She's a single mom in

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<v Speaker 1>Newcastle and she's also a lawyer. It was actually her

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<v Speaker 1>name on the Form one that they submitted. So let's

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<v Speaker 1>be clear.

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<v Speaker 3>The Form one is not a request for permission to

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<v Speaker 3>hold a public assembly. You don't need permission to protest

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<v Speaker 3>in Australia. All a Form one does is provide an

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<v Speaker 3>opportunity for police and protesters to work together to ensure

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<v Speaker 3>our shared goal of everybody's safety at the public assembly

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<v Speaker 3>and essentially suspend certain police powers so that the people

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<v Speaker 3>gathering can have some peace of mind that they won't

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<v Speaker 3>be issued with move on orders or charged with certain

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<v Speaker 3>abstraction offenses.

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<v Speaker 1>Once you've submitted a Form one to the Police Commissioner,

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<v Speaker 1>there's a couple of things that can happen next. The

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<v Speaker 1>first is that the police can authorize the form outright.

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<v Speaker 1>Maybe there's a bit of back and forth about you know,

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<v Speaker 1>conditions or locations, but the protest goes ahead, and that's

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<v Speaker 1>what happened last year. The people that were arrested were

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<v Speaker 1>the ones who stayed out on the water intentionally passed

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<v Speaker 1>that dead line. With the other option, which is where

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<v Speaker 1>it starts to get interesting for Rising Tide is when

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<v Speaker 1>the police don't want to authorize a protest. The police

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<v Speaker 1>can't reject a form one outright, but instead what they

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<v Speaker 1>can do is apply to the Supreme Court and let

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<v Speaker 1>a judge decide if the protest should be authorized or prohibited.

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<v Speaker 1>So Rising Tide were notified on Tuesday, the twenty ninth

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<v Speaker 1>of October. That's when they were told the police were

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<v Speaker 1>making this application to the Supreme Court, and then the

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<v Speaker 1>first hearing was slated for the Friday of the same week.

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<v Speaker 4>Right, so take us inside the courtroom. How did it

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<v Speaker 4>play out?

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<v Speaker 1>Inside the courtroom? The police were effectively arguing why the

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<v Speaker 1>protest shouldn't go ahead on the basis of things like

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<v Speaker 1>safety on the water and economic disruption to the port,

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<v Speaker 1>to which Rising Tide had to defend.

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<v Speaker 2>It's quite a bit of work to appear in the

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<v Speaker 2>Supreme Court. We have to get affidavits from, you know,

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<v Speaker 2>witnesses who are going to be presenting evidence on our

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<v Speaker 2>safety plans and strategic plans.

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<v Speaker 1>I talked to Zak who at times he was standing

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<v Speaker 1>outside the doors kind of straining to listen in to

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<v Speaker 1>hear how it was going.

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<v Speaker 2>You know, we got some amazing evidence from folks about

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<v Speaker 2>the amount of economic disruption this would actually cause, you know,

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<v Speaker 2>who would be suffering any losses, if anyone.

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<v Speaker 1>And then Brandy Coglin, whose name is on the Form one,

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<v Speaker 1>she was even cross examined.

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<v Speaker 3>I'm no stranger to court proceedings, but even for me

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<v Speaker 3>it was incredibly stressful, incredibly time consuming. I was either

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<v Speaker 3>in court or at my computer working on the case

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<v Speaker 3>for twenty hours a day over the course of ten days.

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<v Speaker 1>And then it was on the final day, which was

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<v Speaker 1>November seven, that Justice Fagan delivered his verdict on the protest,

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<v Speaker 1>which was the court ruled in favor of the police.

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<v Speaker 2>So I was in the courtroom when the judgment was

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<v Speaker 2>handed down and Justice Fagan came in and said that

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<v Speaker 2>he was giving the police the sought order to not

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<v Speaker 2>have Form one go ahead, and he walked out, what.

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<v Speaker 4>Does that actually mean?

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<v Speaker 1>It means the protest is officially prohibited, and it also

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<v Speaker 1>means there's no option to appeal. Rising tide say they'll

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<v Speaker 1>still go ahead with the protest, which they'll do alongside

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<v Speaker 1>a police force that now has a full suite of

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<v Speaker 1>powers and what's more, challenges like this to becoming more

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<v Speaker 1>and more common, and they're set against a backdrop of

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<v Speaker 1>a nationwide crackdown on the right to protest.

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<v Speaker 4>After the break, why it's more challenging to hold a

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<v Speaker 4>protest than ever before? Shane, It sounds like the Supreme

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<v Speaker 4>Court challenged to stop this protest by Rising Tide, all

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<v Speaker 4>hinged on this form one, which I've never heard of.

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<v Speaker 4>What makes this piece of paperwork so important?

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<v Speaker 1>Yeah, I mean it was the form one that really

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<v Speaker 1>got me interested in this store because just a few

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<v Speaker 1>weeks before Rising Tide we're in the Supreme Court. There

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<v Speaker 1>was another group in the exact same situation, the Palestine

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<v Speaker 1>Action Group, who were challenged over their Form one for

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<v Speaker 1>rallies planned around October seven. They ended up reaching an

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<v Speaker 1>agreement with the police outside of court, but it still

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<v Speaker 1>got me thinking how this could happen twice in one month.

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<v Speaker 1>And it turns out the Form one actually has quite

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<v Speaker 1>a long history. It was originally brought about after the

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<v Speaker 1>Mardi Gras protest in nineteen seventy eight. This was the

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<v Speaker 1>first ever Mardi Gras march, and it ended in police

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<v Speaker 1>brutality and mass arrests, for which the New South Wales

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<v Speaker 1>Police apologized for in twenty sixteen.

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<v Speaker 5>Whilst demonstrators went through a repertoire of slogans, the court

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<v Speaker 5>began reminding me. Fifty three people arrested on Saturday night,

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<v Speaker 5>but before midday another seven people were in jail.

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<v Speaker 1>And it was in the wake of these protests that

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<v Speaker 1>the Form one was born because the government wanted to

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<v Speaker 1>use it to improve the relationship between police some protesters,

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<v Speaker 1>bringing them together so they could set boundaries and therefore

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<v Speaker 1>reduce violence and reduce arrests. I even had to look

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<v Speaker 1>back at what was said in Parliament in nineteen seventy

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<v Speaker 1>nine when it was introduced, and the New South Wales

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<v Speaker 1>Attorney General even called it the greatest recognition of the

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<v Speaker 1>right to assemble.

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<v Speaker 4>But it sounds like that's changed now.

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<v Speaker 1>Yeah, I mean, speaking to advocates, there is a sense

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<v Speaker 1>that its usage has been changing quite a bit. I'm

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<v Speaker 1>told there were pretty much no police challenges until around

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<v Speaker 1>two thousand and three. That's when lawyers started hearing about

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<v Speaker 1>it more often, and it really kicked up a gear

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<v Speaker 1>again in twenty twenty two when the new South Wales

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<v Speaker 1>State government under Premier Perite brought in anti protest laws

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<v Speaker 1>that at the time were the most punitive laws in Australia.

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<v Speaker 1>People have the right to free speech.

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<v Speaker 2>We promote that.

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<v Speaker 1>He brought in tough fines and even potential jail time

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<v Speaker 1>for protesters who obstructed things likes and railways.

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<v Speaker 4>We've passed the laws.

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<v Speaker 3>We'll throw the book at these people because their behavior

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<v Speaker 3>is completely unacceptable.

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<v Speaker 1>And since then that advocates say, Form one has been

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<v Speaker 1>less about bringing everyone to the table and as function

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<v Speaker 1>more as a kind of protest permit. Because now if

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<v Speaker 1>a Form one isn't authorized by the police, there's a

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<v Speaker 1>threat of jail time as soon as your protest starts,

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<v Speaker 1>I should say as well. I did ask the New

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<v Speaker 1>South Wales Police about the changing use of the Form

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<v Speaker 1>one and they told me that, you know, the vast

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<v Speaker 1>majority of cases they do authorize a form usually with

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<v Speaker 1>some negotiation involved. Statistics show, however, that since two thousand

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<v Speaker 1>and three, there have been eighteen police challenges in the

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<v Speaker 1>Supreme Court over a Form one. So in thirteen of

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<v Speaker 1>those cases, or seventy five percent of cases, the police won.

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<v Speaker 4>So what does all this say about how protests are

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<v Speaker 4>changing in Australia.

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<v Speaker 1>Yeah, so I Form one at the end of the day,

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<v Speaker 1>it's just, you know, one small part of a much

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<v Speaker 1>bigger picture. We know that, you know, in the past

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<v Speaker 1>two decades there's been forty nine anti protest laws enacted

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<v Speaker 1>in Australia. Human rights law centers say many of them

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<v Speaker 1>are confusing and vague. We know that in the entire

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<v Speaker 1>decade up until twenty twenty one, only one person was

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<v Speaker 1>in prison for protesting, and since then we've had nine.

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<v Speaker 1>Many more have been arrested and subjected to really tough

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<v Speaker 1>bail conditions before they've been found guilty of anything. And

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<v Speaker 1>we know that the new South Wales Premier Chris Mins

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<v Speaker 1>has been you know, doubling down on anti protest laws

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<v Speaker 1>and is calling for the police to be given even

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<v Speaker 1>more authority to prohibit protests that he says are costing

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<v Speaker 1>taxpayers money.

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<v Speaker 4>Certainly, I know where I'm from, Shane. In Victoria, the

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<v Speaker 4>police Une is pushing for a similar system to the

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<v Speaker 4>Form one system that you have there. So it definitely

0:12:56.960 --> 0:12:59.800
<v Speaker 4>feels like there's a shift from a police perspective to

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<v Speaker 4>get the balance right between peaceful assembly versus the cost

0:13:03.480 --> 0:13:06.280
<v Speaker 4>of disruption. But there's also a concern that this is

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<v Speaker 4>going too far.

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<v Speaker 1>Yeah, definitely, And I think what you're getting out there

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<v Speaker 1>as well is that there does need to be this

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<v Speaker 1>balance struck. But should it rest with the police or

0:13:15.679 --> 0:13:18.000
<v Speaker 1>with the government of the day to decide where that

0:13:18.040 --> 0:13:20.360
<v Speaker 1>line is drawn? Especially you know, in the case of

0:13:20.440 --> 0:13:24.160
<v Speaker 1>Rising Tide, these are protests that have critical messages against

0:13:24.240 --> 0:13:25.520
<v Speaker 1>the government's own decisions.

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<v Speaker 4>So Rising Tide has said that the blockade will still

0:13:27.960 --> 0:13:30.640
<v Speaker 4>go ahead. What is the group risking in doing that?

0:13:31.080 --> 0:13:32.000
<v Speaker 4>How could it unfold?

0:13:32.520 --> 0:13:35.319
<v Speaker 1>The protest is still very much going ahead. In fact,

0:13:35.640 --> 0:13:38.680
<v Speaker 1>yesterday afternoon we saw hundreds of kayaks paddle out into

0:13:38.679 --> 0:13:45.280
<v Speaker 1>the harbor, and without the protection of the Form one authorization,

0:13:45.640 --> 0:13:48.079
<v Speaker 1>it does mean we're likely to see arrests and charges.

0:13:49.160 --> 0:13:51.640
<v Speaker 1>There was one small victory for the protesters though, so

0:13:52.040 --> 0:13:55.120
<v Speaker 1>Transport New South Wales had earlier tried to make the

0:13:55.280 --> 0:13:59.160
<v Speaker 1>entire coalport a maritime exclusion zone, which meant that anyone

0:13:59.160 --> 0:14:01.280
<v Speaker 1>who even dip their tories into the water could be

0:14:01.360 --> 0:14:04.600
<v Speaker 1>hit with an eleven hundred dollars fine. Rising Tide went

0:14:04.640 --> 0:14:08.960
<v Speaker 1>back to the Supreme Court challenged that and won. But

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<v Speaker 1>before the protest had started, I did ask Zach if

0:14:12.400 --> 0:14:14.440
<v Speaker 1>he thought there was ever a point where the pressure

0:14:14.640 --> 0:14:17.880
<v Speaker 1>would become too much if he'd ever thought about just

0:14:17.960 --> 0:14:21.760
<v Speaker 1>canceling the protest, and he seemed determined from the get

0:14:21.800 --> 0:14:23.240
<v Speaker 1>go that would not happen.

0:14:23.640 --> 0:14:26.480
<v Speaker 2>Oh God, no, no, no, we're certainly not canceling it. A

0:14:26.520 --> 0:14:28.480
<v Speaker 2>lot of folks are feeling more determined than ever to

0:14:28.520 --> 0:14:32.160
<v Speaker 2>come because they see this as basically a political attack.

0:14:32.520 --> 0:14:35.000
<v Speaker 2>But the message that it sends is that the government

0:14:35.040 --> 0:14:37.160
<v Speaker 2>doesn't want us to be on the water. They don't

0:14:37.160 --> 0:14:39.520
<v Speaker 2>want us to be protesting. At the end of the day,

0:14:39.640 --> 0:14:41.800
<v Speaker 2>you know, we're targeting the fossil fuel industry. We don't

0:14:41.800 --> 0:14:44.040
<v Speaker 2>need to make anyone else's lives harder than they need

0:14:44.080 --> 0:14:47.400
<v Speaker 2>to be, but we need to assert our rights.

0:14:49.920 --> 0:14:51.680
<v Speaker 4>Shane, thank you so much for your time.

0:14:52.080 --> 0:14:52.800
<v Speaker 1>Thank you, Daniel.

0:15:08.480 --> 0:15:12.880
<v Speaker 4>Also in the US today, the chair of the Indianadana Group, Gautamdani,

0:15:13.160 --> 0:15:16.080
<v Speaker 4>has been indicted by US prosecutors over what they describe

0:15:16.120 --> 0:15:19.640
<v Speaker 4>as a massive bribery scheme. A Dana is accused of

0:15:19.680 --> 0:15:22.040
<v Speaker 4>agreeing to pay two hundred and fifty million dollars to

0:15:22.120 --> 0:15:26.160
<v Speaker 4>Indian government officials in exchange to solar energy supply contracts,

0:15:26.360 --> 0:15:29.440
<v Speaker 4>with an estimated yield of two billion dollars in profits.

0:15:30.080 --> 0:15:32.000
<v Speaker 4>The Idana Group was then accused of going on to

0:15:32.040 --> 0:15:35.680
<v Speaker 4>fund the solo projects with billions from US investors. And

0:15:35.720 --> 0:15:38.120
<v Speaker 4>there are more First Nations children in the child protection

0:15:38.280 --> 0:15:41.720
<v Speaker 4>system than ever before. According to data from the Annual

0:15:41.720 --> 0:15:44.960
<v Speaker 4>Family Matters Report, there are currently almost twenty three thousand

0:15:45.040 --> 0:15:49.040
<v Speaker 4>Aboriginal children in the system, making Aboriginal kids ten point

0:15:49.080 --> 0:15:51.560
<v Speaker 4>eight times more likely to be removed from their family

0:15:51.880 --> 0:15:55.920
<v Speaker 4>than any other child. Despite this, only six percent of

0:15:56.000 --> 0:16:00.440
<v Speaker 4>child protection prevention money goes to Aboriginal run organizations, with

0:16:00.560 --> 0:16:03.960
<v Speaker 4>more funding for programs that remove children from families rather

0:16:04.040 --> 0:16:09.920
<v Speaker 4>than in prevention or support. Seven Am is a daily

0:16:09.960 --> 0:16:12.840
<v Speaker 4>shown from Schwartz Media and The Saturday Paper. It's made

0:16:12.840 --> 0:16:17.480
<v Speaker 4>by Adigus Basto, Shane Anderson, Christine Gate, Daniel James, Eric Jensen,

0:16:17.880 --> 0:16:23.280
<v Speaker 4>Ruby Jones, Sarah mcveee, Travis Evans and Zofecho. That's all

0:16:23.320 --> 0:16:24.960
<v Speaker 4>for now, see you next week.