Whether or not he thinks Folbigg innocent is ‘irrelevant’ to payout calculation, NSW AG says
The innocence of Kathleen Folbigg, jailed for two decades after the deaths of her four children, was “irrelevant” to the calculation of a $2m payout, the NSW attorney general says.
Folbigg was jailed in 2003 before being released and having her convictions quashed in 2023, when fresh scientific evidence cast reasonable doubt over her guilt.
Michael Daley did not meet with her before announcing the payment offer on 7 August, telling a budget estimates hearing on Thursday that “it would not have assisted” him in determining the amount offered.
The best way to deal with ex gratia payments is to deal with the objective facts. When you meet with people seeking ex gratia payments, it raises expectations.
Daley said he did not plan to meet with her now that “the matter has concluded”.
I can’t see any point in doing that. I don’t want to hold any hope out to her that she can come in and ask for that figure to be varied because I think the premier has indicated quite clearly, on a number of occasions, that it won’t be.
Labor has been under pressure to explain how it arrived at the $2m figure, after experts suggested it should be five to 10 times higher.
Lindy Chamberlain, jailed for four years before authorities agreed a dingo had likely taken her baby from an Uluru campsite, was awarded $1.7m, including legal costs, in 1992. That sum would be worth $4 million today.
But Folbigg’s case stood alone, Daley suggested.
Medical evidence, which led to her release and acquittal in 2023, did not exist at the time of her trial.
“That was a huge factor,” the attorney general said.
“What set this matter apart was there was no proven malfeasance on the part of the state.”
He said he followed a process to determine the amount offered.
Whether he considered Folbigg innocent or guilty was “completely irrelevant” to his decision.
– AAP
Key events
Age assurance company to brief on technology trial next month
We’re all awaiting the release of the final report of the age assurance technology trial that will inform what technology the social media sites will use to keep under 16s off their services from December.
The report has been with the federal government since the start of the month, but there haven’t been any indications on when it’ll be released.
There is a sign it may be imminent, however, with the head of the trial, Tony Allen, posting on LinkedIn that there will be a series of briefings on the outcome of the trial in Australia and New Zealand towards the end of September.
The office of the communications minister, Anika Wells, was approached for comment.
The trial has kept quiet about its findings, mostly, since the report was finalised, amid concerns about leaks to media.
Taylor defends focus on Marles meeting
The shadow defence minister, Angus Taylor, has defended the Coalition focusing on whether the defence minister, Richard Marles, did meet with his US counterpart or not, arguing it was important whether Aukus and the US alliance are strong.
He told ABC’s Afternoon Briefing that there had been conflicting statements, and there was a material issue:
I think the material issue here is what progress are we making ensuring Aukus, ensuring the US alliance at a time which is the most dangerous since the second world war, authoritarian regimes are flexing their muscles and we need a strong alliance and we need a strong Aukus. We want to see progress on this and that is why we are asking the questions and questions need to be continued to be asked of the defence minister and of the prime minister.
He said the government should be offering to seriously fund the defence force.
Marles’s US meeting was ‘productive’, assistant minister says
Matt Thistlethwaite, the assistant minister for foreign affairs, has said the meeting between the defence minister, Richard Marles, and his US counterpart, Pete Hegseth, was “productive” and dismissed attention on whether it was a “happenstance” or a meeting from the Coalition.
Thistlethwaite told ABC’s Afternoon Briefing Marles told him the meeting was productive, and the government believes the alliance is going well and strong.
Asked why the Pentagon initially described it as happenstance, the assistant minister said that was a question for the Pentagon.
I don’t know about that statement put out, [but] we can confirm the meeting occurred and Richard also met with Marco Rubio and the vice president JD Vance. Critical minerals, treaty relationship, issues internationally were discussed.
He said a meeting had been requested with US president Donald Trump and that “is all we can do”.
He questioned the “priorities” of the opposition in raising it during question time, rather than a specific question on Aukus, when the government has been focused on the cost of living for Australians in parliament this week.
Dan Jervis-Bardy
Federal government condemns planned anti-immigration rallies
The Albanese government has condemned anti-immigration rallies scheduled for this weekend, saying the “brand of fight-right activism grounded in racism and ethnocentrism” has no place in modern Australia.
A series of so-called March for Australia rallies are planned in cities across the country on Sunday to protest against “mass migration”.
In a statement on Thursday, the minister for home affairs, Tony Burke, said there was “no place in our country for people who seek to divide and undermine our social cohesion”.
We stand with modern Australia against these rallies – nothing could be less Australian.
The multicultural affairs minister, Anne Aly, said “multiculturalism was an integral and valued part of our identity”.
We stand with all Australians, no matter where they were born, against those who seek to divide us and who seek to intimidate migrant communities. We will not be intimidated.
This brand of far-right activism grounded in racism and ethnocentrism has no place in modern Australia.
The shadow multicultural affairs minister, Paul Scarr, earlier this week condemned a pamphlet promoting the rallies that referenced Indian migrants.
Scarr said at the time:
So I am compelled to rise in this place at the earliest opportunity to call it out and to condemn it and say that the language and references to Australians of Indian heritage is unacceptable. It is outrageous … it seeks to divide Australians at a time when we need to unite.
Whether or not he thinks Folbigg innocent is ‘irrelevant’ to payout calculation, NSW AG says
The innocence of Kathleen Folbigg, jailed for two decades after the deaths of her four children, was “irrelevant” to the calculation of a $2m payout, the NSW attorney general says.
Folbigg was jailed in 2003 before being released and having her convictions quashed in 2023, when fresh scientific evidence cast reasonable doubt over her guilt.
Michael Daley did not meet with her before announcing the payment offer on 7 August, telling a budget estimates hearing on Thursday that “it would not have assisted” him in determining the amount offered.
The best way to deal with ex gratia payments is to deal with the objective facts. When you meet with people seeking ex gratia payments, it raises expectations.
Daley said he did not plan to meet with her now that “the matter has concluded”.
I can’t see any point in doing that. I don’t want to hold any hope out to her that she can come in and ask for that figure to be varied because I think the premier has indicated quite clearly, on a number of occasions, that it won’t be.
Labor has been under pressure to explain how it arrived at the $2m figure, after experts suggested it should be five to 10 times higher.
Lindy Chamberlain, jailed for four years before authorities agreed a dingo had likely taken her baby from an Uluru campsite, was awarded $1.7m, including legal costs, in 1992. That sum would be worth $4 million today.
But Folbigg’s case stood alone, Daley suggested.
Medical evidence, which led to her release and acquittal in 2023, did not exist at the time of her trial.
“That was a huge factor,” the attorney general said.
“What set this matter apart was there was no proven malfeasance on the part of the state.”
He said he followed a process to determine the amount offered.
Whether he considered Folbigg innocent or guilty was “completely irrelevant” to his decision.
– AAP
Krishani Dhanji
That’s all from me on the blog this week, thanks for joining me on what ended up being a very lively afternoon in Parliament House.
I’ll leave you with the very capable Josh Taylor for the rest of the afternoon’s news.
Tl;dr here’s what happened in question time
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Before questions began, the prime minister, opposition leader and member for Indi all gave their condolences to the family, friends and community of the two officers killed in Victoria.
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They then welcomed US congressman Jason Smith to the House, to observe question time – Sussan Ley jokingly remarked that he was about to witness Australia’s “very robust” and “unique” democracy.
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And it was robust indeed, because there were some absolute scenes over whether Richard Marles had a meeting with his US counterpart Pete Hegseth in Washington DC. Richard Marles deflected the question, and in response called the Coalition a “joke”, and Angus Taylor “Captain Conspiracy”.
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Milton Dick was well and truly over the political antics today – he had to tell the government and Coalition to pipe down on multiple occasions, and even threatened to stop allowing the opposition to make points of order.
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Independent MP Kate Chaney asked the government when it would respond to Peta Murphy’s gambling inquiry from June 2023. The PM said the government had done a lot to tackle gambling ads, but didn’t actually answer the question as to when Labor would formally respond.
Benita Kolovos
Minister pays tribute to 12-year-old Milla Killeen, killed in bus crash outside Geelong
Victorian education minister Ben Carroll has told Victorian parliament’s question time the student killed in a bus crash outside Geelong on Wednesday was 12-year-old Milla Killeen. He told the chamber:
Her parents would have sent her off to school, [but] she died on the Hamilton Highway when her bus rolled over. My deepest sympathies go out to Milla’s parents, family members, friends and fellow students during this heartbreaking time. I spoke with Christian College Geelong principal, Dr Mathilda Joubert, yesterday. She described Milla as a beautiful person with an infectious personality, a talented basketballer, who had only recently represented her college at the state basketball championships. She was a treasured member of the college. Milla, and her loss, I know, has been deeply felt by all the students and staff.
Killeen’s basketball team also posted a tribute on social media. They said:
Milla was a cherished part of our girls program at Try Boys, and her absence will be profoundly felt by everyone who had the privilege of knowing her.
With her easygoing nature and infectious smile, Milla had a special way of lighting up every room she walked into. She quickly endeared herself to teammates, coaches and the wider community, not just as a talented player … but as a beautiful soul who brought joy wherever she went.
Question time ends
Nationals turned independent MP Andrew Gee asks about why some emergency workers who served during the 2022 central west New South Wales floods were not eligible for the national emergency medal.
Albanese says he’ll take the question on notice.
At the worst of times, we always see the best of the Australian character and we did on that occasion as well. I will take that on notice.
And with that, question time is over.
Albanese says SA algal bloom directly related to climate change
Shadow environment minister, Angie Bell is up next, and asks why the government can fund “inner city cycleways” in Sydney, but puts less support towards the algal bloom in South Australia.
Before the PM gets up, Milton Dick tells everyone to pipe down, because he’s “not happy with the level of interjections.”
Albanese says the algal bloom is directly linked to climate change, and has met with the local councils affected by the issue.
We have provided a range of funding, indeed every piece of funding we have been asked for has been provided.
He then turns his attention back to the Coalition, and takes a stab at their internal debate over net zero.
Now, does anyone think that abolishing our commitment to net zero and action on climate change will make these events more likely or less likely to happen in the future?
Milton Dick is not happy with the opposition’s attempts to make points of orders today. Dan Tehan tries to get up, but Dick threatens to stop the opposition from being allowed to make points of order altogether.
Nationals ask Albanese about ‘deteriorating relationship’ with US and Israel
Deputy Nationals leader, Kevin Hogan, now takes the stand and asks the prime minister what he’s doing to repair the “deteriorating relationship” with the US and Israel.
Anthony Albanese says he finds it “extraordinary” that the opposition asks a question about the “deteriorating relationship” with the US when a US congressman is in the room.
The opposition benches are getting pretty loud today, we can hear some shouts of “300 days” – in reference to Albanese not having secured a face to face meeting with Trump. Albanese takes a shot at the opposition’s choice of questions today:
We had a question to the deputy prime minister alleging, somehow, like the fake moon landing or something, that meetings held by the deputy prime minister with the vice president of the United States …
Alex Hawke, manager of opposition business, stands up and tells Albanese to answer the current question.
Albanese jokes that he thought Hawke would be asking for “an extension of time” (it’s a rinse and repeat jibe – see Josh Butler’s post below). He ends by saying the relationship between the US and Australia should be above partisan politics.
(I note US congressman Jason Smith is keeping a very straight face.)
Jeers and waves from Labor amid Coalition attacks over Hegseth meeting
Josh Butler
A lot to unpack in the House from this interaction between Marles and Taylor just now. Labor MPs always ham it up when Taylor asks a question, and jeered at his initial question.
After Taylor got up to lodge a point of order – which was swiftly shut down by Speaker Milton Dick – energy minister Chris Bowen jokingly called up to Marles and asked “did you fake the moon landing as well?”
When Marles shot back at the Coalition to call Taylor “Captain Conspiracy”, manager of opposition business Alex Hawke leapt to his feet, prompting an explosion of laughter from those on the Labor benches, with numerous MPs raising their hands and waving in mock surprise. Labor MPs have also mocked Hawke’s relatively occasional interruptions and calls for points of order.
“Give him an extension [of time]!” Albanese jeered at Hawke. It’s a callback to earlier in the week, when Hawke asked for Albanese to have an extension of time, to talk more about the government’s antisemitism response.
Marles deflects Hegseth questions, calling Angus Taylor ‘Captain Conspiracy’
This question gets a second blog post – because this is becoming a bit of a saga.
Marles says, “I think we all understand the question from Captain Conspiracy over here was whether …”
The House goes nuts, and the manager of opposition business, Alex Hawke, stands up and says Marles must refer to Taylor by his title, and takes a stab at the deputy PM.
We do know why the deputy prime minister is angry, and we understand it is been a bad day.
Tony Burke then chimes in with this burn:
That is so much nicer than what his own colleague say.
Marles finishes off his answer (to a much quieter House now) and says, “The relationship between Australia and the United States should be above partisan politics.”
And near the end of that drama, the member for O’Connor, Liberal Rick Wilson gets kicked out of the chamber.
Angus Taylor questions Marles over Hegseth meeting
Richard Marles is in the hot seat – and is asked about the meeting with US defence secretary Pete Hegseth.
Marles looks at Congressman Smith and chuckles, “You are in for a treat.”
The deputy PM calls the Liberal party a “joke”, and says the question from shadow defence minister, Angus Taylor, shows that the Coalition is “completely broken”. He’s not holding back in his criticism, and the House is going pretty wild.
Those opposite firstly suggesting it was not going to be a meeting at all, then a little bit of a debate about whether it’s a meeting or whether it’s a happenstance, presumably those opposite think the photos have been published or magically generated by AI.
Taylor comes up for a point of order which Milton Dick says “he’s not especially inclined” to hear, but Taylor says he’s asking Marles for the outcome of the meeting.
Albanese asked about delay in gambling advertising reform
To the crossbench, independent MP Kate Chaney asks the prime minister about tackling gambling advertising.
Chaney, a long time advocate for gambling reform, asks why the government hasn’t responded to the Murphy gambing review, handed to the government in June 2023.
Is the delay due to successful lobbying by powerful interests and what you say to people experiencing gambling harm who are still being bombarded by gambling ads?
Anthony Albanese says it’s not correct to say the government hasn’t responded – but I note, Labor has not formally responded to that review.
He mentions measures including the establishment of the betstop exclusion register, and banning the use of credit cards for online wagering.
We have done more as a government than any government in Australia’s history since federation. As simple as that.
We respect people’s right to have a punt but we have a responsibility to make sure the industry act responsibly and that’s what we are doing.
Australian cricketer Usman Khawaja was in parliament today – to push the government to act on gambling reform, and take more action to support Gaza.
Questions turn to energy price rises
The opposition now moves on to energy prices, and Dan Tehan asks why energy prices have increased 39%, when the government (in 2022) promised that bills would be reduced by $275 by 2025.
Energy minister Chris Bowen starts by saying yesterday’s inflation numbers reflected price increases due to the end of some state energy rebates.
He then also does a bit of an energy compare and contrast – which doesn’t sit well with the opposition.
Tehan stands up on a point of order; before he speaks, Milton Dick tells everyone to be quiet, saying “there’s just far too much noise for anyone’s liking.”
Dick agrees with Tehan’s point that Bowen should stop slagging the Coalition, the Speaker says the question isn’t an opportunity for a “free-for-all to talk about the opposition’s policies”. Bowen continues:
I was referring to the report this week of the Australian Energy Regulator about the Australian market today, which is also dealing with the impact of 4 gigabits of dispensable power leaving the grid over the last decade, that’s what the government and Energy Market Operator and everybody involved in energy system is dealing with.
