EDO funding a focus in Senate probe

A probe into the Environmental Defenders Office has begun, as the federal government moves to review its funding into the organisation after the court judgment in Santos’s Barossa matter.

The Department of Climate Change, Energy, The Environment and Water has launched a review into the EDO’s use of government funding, at the request of Environment Minister Tanya Plibersek.

Ms Plibersek has also called the head of EDO after the Federal Court released a judgment detailing some possible misconduct and concerns, as revealed during a Senate Environment and Communications Committee hearing in Canberra this morning.

The EDO represented applicant Simon Munkara, a Tiwi Islander, in his action to stop oil and gas company Santos from laying 262 kilometres of pipe in the Timor Sea as part of its $US4.7 billion Barossa gas project.

The organisation has been under scrutiny since Federal Court judge Natalie Charlesworth delivered a 294-page judgment, in favour of Santos, in January.

In her judgment, Justice Charlesworth found an EDO lawyer has been witness-coaching the Tiwi Islanders in their claim that Santos’s Barossa pipeline would impact the Tiwi cultural heritage.

Concerns and calls to strip the EDO of funding emerged after it was revealed the organisation received $8.3 million in government funding over four years.

During today’s committee hearing, department secretary David Fredericks said whether any EDO staff received any consequences after the Barossa case was for the EDO to manage.

“What is the matter of us is to review whether there is any evidence or suggestion that the EDO has acted inconsistently with their grant agreement with the government,” he said.

“Minister Plibersek asked the department through me to do a review to determine whether any of the conduct is inconsistent with their agreement. That review has just commenced.”

Queensland senator and opposition resources spokesperson Susan McDonald said the review should expand to the EDO’s actions outside of the federal case.

“The review does need to be expanded as a matter of urgency,” she said at the committee hearing.

Northern Territory senator and federal Indigenous Australians opposition spokesperson, Jacinta Nampijinpa Price, said there was gross misconduct being practised well before the Federal Court judgment.

Assistant Minister for Climate Change and Energy Jenny McAllister said the government expected any organisation that received funding to operate with integrity.

"Minister Plibersek has asked the department to review ... [she's] also written to the head of EDO confirming that she expects them to ensure that there is no repeat of this behaviour that was evident in the Federal Court case," she said during the hearing.

Western Australian Premier Roger Cook reaffirmed the state government's funding into the EDO, a couple of days after the Federal Court handed down its judgment.

Liberal Party of WA leader Libby Mettam, however, said the Santos decision was evidence that the EDO should not receive any state or federal government funding.