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Notice given 18 February 2002

108  Senator Brown: To ask the Minister representing the Prime Minister—With reference to whistleblower Alwyn Johnson, and the Minister’s commitment, on 12 August 2000, to undertake an inquiry to look at compensation for Mr Johnson, even if the Tasmanian Government refused to take part:

(1) Why has no inquiry been instituted.

(2) (a) When will the inquiry begin; and (b) who will arbitrate.

109  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—Do mining booklets produced by Environment Australia offer any advice on what is considered best environmental practice in relation to ocean disposal of mining tailings.

110  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—Has Environment Australia been asked for advice by any government agency, since 1 January 2000, on proposed mining projects involving the ocean disposal of tailings; if so: (a) by which agency; (b) when; (c) what project did it relate to; and (d) what was the nature of the advice.

111  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—

(1) Did the former Minister for the Environment and Heritage, Senator Hill, state that: ‘In certain circumstances and when correctly managed, the Government understands that deep sea tailings placement has been accepted as causing relatively low environmental impact. The subject, however, remains one of international debate. The choice of disposal mechanism must take account of the geophysical, biophysical and climatic environmental conditions but is ultimately the decision of the host country.’

(2) Does the Minister share this view.

(3) Has Environment Australia undertaken any independent assessment of the environmental impacts and risks of the ocean disposal of mine tailings; if not, what is the basis for the view that ‘deep sea tailings placement has been accepted as causing relatively low environmental impact’; if so: (a) when was this review done; (b) what were the results of the review; (c) is the report publicly available; if not, why not; and (d) who did the review.

112  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—Do mining booklets produced by Environment Australia clearly indicate that the riverine disposal of tailings does not constitute best environmental practice; if not, why not.

113  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—Since 1 January 2000, has Environment Australia been consulted by any government agency on mining proposals involving riverine disposal of tailings.

114  Senator Brown: To ask the Minister representing the Minister for the Environment and Heritage—With reference to the answer to question on notice no. 3649 (Senate Hansard , 20 August 2001, p. 26206), in which the Minister indicated that in certain circumstances the disposal of mine tailings into the oceans may be appropriate but that it was considered that the disposal of mine tailings into rivers in Australia was inappropriate: Does Environment Australia consider there are circumstances in which the riverine disposal of mine tailings by Australian companies operating overseas could ever be best environmental practice; if so, under what circumstances.

115  Senator Harris: To ask the Minister for Communications, Information Technology and the Arts—

(1) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Mallesons Stephen Jaques (MSJ) by Telecom/Telstra during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000;

(k) 1 July 2000 to 30 June 2001; and

(l) 1 July 2001 to 31 January 2002.

(2) Will the Minister provide a detailed and itemised schedule of individual and total payments made to MSJ either directly or indirectly by the Commonwealth of Australia during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(3) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Baker Johnson (Lawyers) and/or to any identity associated with that firm by Telecom/Telstra during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(4) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Spruson & Ferguson (Patent & Trade Mark Attorney’s) by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(5) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Ebsworth & Ebsworth (Lawyers) by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(6) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Williams Niblett (Solicitors) (now called Spruson Solicitors) by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(7) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Thynne & Macartney (Solicitors) by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(8) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Henderson Trout (Lawyers) (now Clayton Utz since 31 December 1991) by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(9) Will the Minister provide a detailed and itemised schedule of individual and total payments made to Robert Douglas QC, James Douglas QC, Phillip McMurdo QC, Jim North SC, or Peter Ambrose SC by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(10) Will the Minister provide a detailed and itemised schedule of individual and total payments made to JLB Allsop SC, JV Nicholas, barrister or Mr A McSporan by Telecom/Telstra (including any amounts that Telecom/Telstra contracted to pay) during each of the following financial years:

(a) 1 July 1990 to 30 June 1991;

(b) 1 July 1991 to 30 June 1992;

(c) 1 July 1992 to 30 June 1993;

(d) 1 July 1993 to 30 June 1994;

(e) 1 July 1994 to 30 June 1995;

(f) 1 July 1995 to 30 June 1996;

(g) 1 July 1996 to 30 June 1997;

(h) 1 July 1997 to 30 June 1998;

(i) 1 July 1998 to 30 June 1999;

(j) 1 July 1999 to 30 June 2000; and

(k) 1 July 2000 to 30 June 2001.

(11) Have payments made by Telstra to MSJ increased since Mr Hoare became the Chairman of MSJ in 1995; if so, by what percentage have payments increased compared with the 3 years before Mr Hoare became the Chairman.

(12) Have payments made by Telstra to MSJ increased since Mr Mead became a partner of MSJ in 1996; if so, by what percentage have payments increased compared with: (a) the 3 years before Mr Mead became a partner in January 1996; and (b) the 3 years before Mr Mead became an employee of Telecom/Telstra Australia in about May 1994 on secondment from MSJ.

(13) Is the Minister aware that a complaint (to obtain an apprehension warrant against Mr Ivory) was sworn by Mr Mead contrary to written advice from MSJ.

(14) (a) Has the Minister been advised of a finding by the Magistrates Court, upheld on appeal, that Mr Ivory had been wrongfully arrested; and (b) what was the cost to Telstra of the legal action relating to Mr Ivory’s wrongful arrest.

(15) (a) Is the Minister aware that Mr Ivory in 2000 wrote to Telstra’s lawyers offering to accept a settlement of $28 000 in February 2001 in relation to this matter; (b) is the Minister also aware that Telstra’s lawyers rejected that offer; and (c) did Telstra then spend public funds in outlays and legal costs in further action against Mr Ivory, now a disability pensioner; if so, how much.

(16) Did Telstra publish a solution to the 1800 prefix problems and/or faults by telling the public that the old 008 prefix code was still working efficiently if they failed to get through by dialling the 1800 prefix code; if so, how much did Telstra spend in advertising this solution; please provide details of the dates of advertisements and the media outlets which carried them, together with copies of all advertising done.

(17) Did Telstra limit the scope of individual COT-related claimants’ FOI requests to their telephone lines; if so: (a) why did Telstra board meeting minutes record that ‘Congestion’ was one of the COT’s complaints; and (b) did documents relating to the performance of Telstra’s network contain information relating to ‘Congestion’, ‘1800 systemic faults’ and ‘Switching failures’ relevant to COT-related claimants’ telephone services.

(18) Will the Minister provide to Mr Kenneth Clyde Ivory, copies of all Telstra board meeting minutes that are related to COT-related complaints from July 1993 to 12 February 2002 including any minutes which relate to Mr Ivory and/or to Solar-Mesh complaints.

(19) (a) What reasons were given by Telstra in refusing Mr Ivory and Solar-Mesh Australia partnerships access under FOI to requested information; and (b) what means are available to COT claimants and/or Mr Ivory and/or Solar-Mesh Australia to obtain this important information.

(20) (a) Did the Minister have any knowledge of Mr Mead’s intentions in seeking the arrest of Mr Ivory; and (b) were Mr Mead’s actions authorised.

(21) Has Telstra attempted to have any COT-related claimants committed to psychiatric confinement or imprisonment; if so, on how many occasions and with what results.

(22) Will the Minister direct Telstra to comply fully with Mr Ivory’s FOI request of 28 November 2001.

(23) What action will the Minister take to have all unresolved COT-related claims, including those of Mr Ivory and Solar-Mesh Australia, fully settled on no less favourable terms of settlement than those reached in the process overseen by the Senate.

(24) Will the Minister cause information to be published about the rights of 1800 subscribers to sue Telstra and/or the Commonwealth for damages in relation to their 1800 services.

116  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—

(1) Did the Ambassador to Indonesia, Mr Richard Smith, visit the mining area held by the Australian company, Aurora Gold, through its Indonesian subsidiary, PT Indo Muro Kencana, in May 2001.

(2) Was the trip at the request of Aurora Gold or its Indonesian subsidiary; if so, why was the invitation accepted.

(3) What was the duration of the trip.

(4) What was the purpose of the visit.

(5) Did the Ambassador make any formal speeches during the trip; if so, can a copy of each of his presentations be provided.

(6) (a) Did the Ambassador publicly urge the Indonesian government agencies and security forces to ensure secure conditions at mining operations run by Australian mining companies and their subsidiaries; and (b) did the Ambassador urge the government agencies to deal with what Aurora describes as ‘illegal’ miners working within its mine lease area; if so, why.

(7) What form of action did the Ambassador expect security agencies to take in dealing with small-scale miners.

117  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the Aurora mine site in Kalimantan, and reports that approximately 1 week after the recent visit of the Australian Ambassador, Indonesian security forces shot and/or stoned to death within the Aurora lease area two local people considered to be ‘illegal’ miners:

(1) Was the Ambassador or any other representative of the department aware of this incident; if so, when was the Ambassador or any other representative of the department made aware of the two deaths.

(2) Did the Ambassador or any other representative of the department make any representations to any Indonesian government officials or agencies about the killings; if so, to whom and when.

(3) Did Aurora and/or its Indonesian subsidiary make any representation to the Ambassador or any other representative of the department after the deaths; if so, what was the nature of these representations and when did they occur.

(4) Did the Ambassador or any other representative of the department make any representations to Aurora and/or its Indonesian subsidiary about the events that had taken place.

118  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the Aurora mine site in Kalimantan, and reports that on 27 August 2001 a local teenage boy considered to be an ‘illegal’ miner at the Kerikil mine within Aurora’s lease area was shot in the leg by Indonesian security forces:

(1) Was the Australian Ambassador or any other representative of the department made aware of this incident; if so, when was the Ambassador or representative of the department made aware of the incident.

(2) Did the Ambassador or any other representative of the department make any representations to any Indonesian government officials or agencies about the shooting; if so, to whom and when.

(3) Did Aurora and/or its Indonesian subsidiary make any representation to the Ambassador or any other representative of the department after the shooting; if so, what was the nature of these representations and when did they occur.

(4) Did the Ambassador make any representations to Aurora and/or its Indonesian subsidiary about the events that had taken place.

119  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the mining company Aurora: Has the Australian Ambassador to Indonesia or any other representative of the department, at any stage, made any representation to any Indonesian government minister or agency expressing concern about the actions of Indonesian security forces at Aurora’s Indonesian subsidiary’s mine site; if so: (a) when; (b) to whom; and (c) what was the nature of the request made.

120  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the mining company Aurora: Has the Australian Ambassador to Indonesia or any representative of the department made any visits to Aurora’s Indonesian mining operations since 1 January 2000; if so: (a) when; and (b) for what purpose.

121  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the operations of Aurora at its Kalimantan mine site and recent deaths and injuries of local people on or near the site: Given the Government’s support for the Minerals Council of Australia’s voluntary Code for Environment Management (to which Aurora is a signatory) as adequate to deal with social and environmental issues of Australian companies operating overseas: Does the Minister believe the actions of Aurora and its Indonesian subsidiary are appropriate; if so, why.

122  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Has Austrade or any section of the department assisted the mining company Aurora in any way with the Indo Muro mine in Indonesia; if so, how.

123  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the mining company Aurora: Has the Ambassador to Indonesia or any representative of the department made representations to Indonesian government agencies relating to issues involving Aurora’s Indonesian mining operations; if so: (a) what were the representations; (b) when did they occur; (c) what were the results of the representations; and (d) were the representations made at the request of Aurora and/or any of its agents.

124  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Has the department undertaken any review of its role in the tragic events at the Aurora mine site in Indonesia, and, in particular, the appropriateness of the Australian Ambassador urging Indonesian security forces to deal with local small scale-miners; if not, will it.

125  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—With reference to the mining company Aurora’s Kalimantan operations, and reports that, on 19 January 2002, Indonesian security forces shot a local man, deemed to be an ‘illegal’ miner within the Aurora lease area, in the head with a rubber bullet at close range resulting in a serious injury:

(1) Was the Australian Ambassador or any representative of the department made aware of this incident; if so, when was the Ambassador or representative of the department made aware of the incident.

(2) Did the Ambassador or representative of the department make any representations to any Indonesian government officials or agencies about the shooting; if so, to whom and when.

(3) Did Aurora and/or its Indonesian subsidiary make any representation to the Ambassador or any other representative of the department after the deaths; if so, what was the nature of these representations and when did they occur.

(4) Did the Ambassador or any other representative of the department make any representations to Aurora and/or its Indonesian subsidiary about the events that had taken place.

126  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Since 1 January 1999, has the Australian Ambassador to Indonesia or any representative of the department ever raised with any Indonesian government agency or minister concerns about human rights abuses where they have been publicly reported, or where the department has been made aware of them, at mine sites where Australian mining companies have interests.

127  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Since 1 January 1999, has the Australian Ambassador to Indonesia or any representative of the department made representations to Indonesian government agencies or ministers over security issues at any mine sites in Indonesia.

128  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Since 1 January 1999, has the Australian Ambassador to Indonesia or any representative of the department visited any mine sites in Indonesia in which Australian companies have interests.

129  Senator Brown: To ask the Minister representing the Minister for Foreign Affairs—Since 1 January 1999, has the Australian Ambassador to Indonesia or any representative of the department met with representatives of the Indonesian Mining Association to discuss security issues at mines that Australian companies have interests in; if so, when and what projects were discussed.