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Pocock seeks to impose duty of care on Australian government over climate harm https://www.theguardian.com/australia-news/2023/jul/31/pocock-seeks-to-impose-duty-of-care-on-australian-government-over-climate-harm Senator’s bill calls for new conditions in Climate Change Act to influence decision-making on projects that could raise greenhouse gas emissions. #auslaw #auspol #climate #dutyofcare

Matthew Rimmer hat dies geteilt

Level 98
David Pocock is a star.
Bridget
how about a duty of evidence for all legislation instead.

If legislation was bound to be based on evidence rather than ideology we wouldn't be in this age of shitfuckery we're in.
Matthew Rimmer
The legislative proposal is an attempt to deal with the final outcome in Sharma v Minister for the Environment (where the government won the appeal) http://climatecasechart.com/non-us-case/raj-seppings-v-ley/ Interestingly enough in that case, all the judges were receptive to hearing evidence of climate impact - the differences arose out of whether the government had any duty to young people.
Bridget
sure but it is a single band aid to an overall parliament that remains unfit for purpose
Matthew Rimmer
Pocock is trying to ensure decision-makers focus on climate impacts by opening them to litigation if they don't. This approach depends a lot on how the courts respond to climate litigation.
Bridget
why only climate though?

Literally every bill proposed is done with a speech in the house full of demonstrably wrong ideological claims. It is criminal negligence.

No law, climate or otherwise should be able to be proposed without adequately linking it to reality and evidence. It's a basic requirement that parliament doesn't even bother with.
Matthew Rimmer
The Productivity Commission are very keen on the topic of evidence-based policy making in #auspol https://www.pc.gov.au/research/supporting/strengthening-evidence/25-chapter1-volume2.pdf Audit Office is also keen on assessing whether policies work. The Robodebt RC certainly highlights the problems of ideology driving decision-making without regard to the consequences.
#auspol
Matthew Rimmer
But I certainly agree that ideological corruption of laws and science are problematic. I am just reading Naomi Oreskes at the moment - she wrote a famous book Merchants of Doubt about how big fossil fuel companies, tobacco companies etc. sought to corrupt the scientific record.
Matthew Rimmer
Although promising to begin with, the Sharma case was unsuccessful in the end on appeal. There is some Torres Strait Island climate litigation which is raising a duty of care argument in different context. Other jurisdictions (Netherlands for instance) have been better at recognising a duty of care in respect of climate action.
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