Following from the previous post: the parliamentary committee voted 4-3 to find the director of public prosecutions, Sally Dowling, had given false evidence about the pitching of the story to 2GB. But the NSW attorney general, Michael Daley, and the DPP rejected the findings.

The government commissioned a review by former NSW bar association president Noel Hutley which said there was no “no positive basis” to reject Dowling’s account “and find that she, in fact, gave false evidence”.

The committee described difficulty hearing from key DPP witnesses from a meeting about pitching the story to appear before the inquiry, after a court decision last year in favour of the Minns government which means that parliament can no longer compel witnesses.

The Australian high court will hear an appeal in that case later this year.

NSW judge cannot hear three criminal cases amid dispute with state’s top prosecutor, court rules

A NSW judge at the centre of a dispute which saw a parliamentary committee find the state’s top prosecutor gave false evidence under oath cannot hear three criminal cases after declining to recuse herself, a court has ruled.

A decision by the NSW court of criminal appeal today ruled the cases be heard by a judge other than district court judge Penelope Wass, finding she has a “long-standing grievance, or series of grievances”, against the Director of Public Prosecutions, Sally Dowling, and that she was “wrong … in declining to disqualify herself” from the proceedings.

It comes after Wass made a written submission to a parliamentary inquiry examining protections against identifying children in court proceedings.

She alleged Dowling personally authorised her department to share details to radio station 2GB of a sentencing hearing in which Wass allowed an Indigenous child to perform an acknowledgement of country.

Wass is among district court judges who have criticised the handling of sexual assault prosecutions under Dowling. Dowling denied she was responsible for pitching the story, alleging Wass had a “personal grievance” against her and her department.

Following Wass’s submission, the DPP asked her to recuse herself from four criminal proceedings on the basis of apprehended bias. She agreed to recuse herself from one, but declined to recuse herself from three others, including a judge-alone child sexual abuse trial.

Monique Ryan says Sydney Swans incident highlights ‘significant cultural issues’ in the sport

Independent MP Monique Ryan says this week’s Sydney Swans incident has highlighted a number of broader issues within the AFL and has called for greater efforts to address them.

Speaking on ABC’s Afternoon Briefing, Ryan said:

There does appear to be significant cultural issues within the AFL. It was not just this incident, we also have the close relationship with the gambling industry, allegations of racism from AFL players, AFLW players, and also appearing to fail to support players with CTE and concussion.

They need to take action in all those areas in the next year or two to bring back the social licence and respect for the institution that so many Victorians have.

Social services council calls on government to protect people amid rising unemployment

The Australian Council of Social Service has called on the government to lift income support, reform employment services and tackle inflation as the unemployment rate rose to 4.5% this week.

ACOSS’s CEO, Cassandra Goldie:

There are already over 100,000 more people unemployed than four years ago when interest rates started to rise, and the RBA expects unemployment to rise to 4.8% by 2028 – that’s another 50,000 people out of paid work.

There are better ways to curb inflation than sacrificing more people to unemployment. The people most affected by rising unemployment and inflation are those living on the lowest incomes in our community, receiving poverty-level income support payments like jobseeker. These are people who were offered no additional financial support in the federal budget.

The government must act urgently to make sure people are protected and we are well-prepared for any potential economic downturn.

Huge cocaine bust sparked by drugs floating in water

Two men have been charged as part of an ongoing probe into Australia’s largest cocaine seizure, AAP reports.

Brisbane man Richard Huynh, 41, has been arrested after being accused of facilitating the shipment of almost three tonnes of cocaine from Queensland to NSW and Victoria through a transport business.

A 23-year-old Sydney man has been also been accused of being part of a criminal syndicate after allegedly being found with a semi-automatic 9mm pistol and a loaded sawn-off shotgun along with ammunition and a silencer.

Huynh was charged after a Kangaroo Point home was searched and $80,000 in cash and electronic devices was seized. Several electronic devices were also seized for digital forensic analysis, police said.

Huynh was arrested at Brisbane airport on Thursday and charged with a number of offences. His matter was listed for Brisbane’s magistrates court today; he did not apply for bail and the case was adjourned to 18 September.

The Sydney man was charged on Thursday after an Erskine Park, NSW residence was searched. Officers seized the guns, ammunition and silencer along with about 28g of cocaine and about $10,000 in cash in suspected proceeds of crime.

He has been charged with a number of firearms and drug offences and appeared in Penrith local court on Thursday.

SA government releases official ‘incredibly concerning’ cuttlefish counts

South Australia’s environment minister, Emily Bourke, said giant cuttlefish numbers in the state’s upper Spencer gulf were “significantly low and incredibly concerning”.

This year’s population estimate suggested there were 1,811 giant Australian cuttlefish off the coast of Whyalla this year – a record low since counts began in 1998 and down from about 63,000 in 2025.

Zero cuttlefish were observed during the standard cuttlefish surveys conducted by the SA Research and Development Institute (Sardi) in June and July, which the institute called an “unprecedented decrease”. But a modified method, and more extensive surveys by the environment department, which included searching for cuttlefish under rocks with torches, estimated there were 1,811 animals.

Prof Mike Steer, the Sardi executive director, said the harmful algal bloom, which reached the cuttlefish breeding area over Summer, was the likely cause for the low numbers. He said:

Cuttlefish breed one year, die and then the resulting hatchlings will make up the population next year. So next year’s survey is going to be really important.

Read more here:

David Pocock on the ‘real betrayal’ of Labor’s deal on gambling reforms – Australian Politics podcast

This week, the Albanese government passed major reforms to online gambling advertising and deep cuts to rein in NDIS spending – all with the Coalition’s support.

David Pocock has long been a vocal critic of the government’s approach to both of these issues. He argues Labor and the opposition have failed to stand up to vested interests on gambling reforms. And while he agrees NDIS cuts are needed, he says major parties have ignored expert evidence on the value of community participation and are handing over important decisions to algorithms with little scrutiny.

Political editor Tom McIlroy speaks to the independent senator about what he thinks this notable week of deal-making means for the nation’s political future – while both major parties continue to be spooked by One Nation’s rise.

Listen here:

That’s all from me. Achol Arok is here to guide you into the weekend. Take care.

Thousands of little penguins being vaccinated against H5 bird flu in Victoria

Victoria has begun vaccinating about 5,000 little penguins at Phillip Island and St Kilda to protect them against the deadly H5 bird flu, in what is believed to be the world’s largest vaccination program involving wild birds.

While vaccinating wild birds against the disease was challenging, the fact that the penguins returned home every night to Phillip Island and St Kilda made it possible to deliver the two doses necessary over a two-week period.

Tony Abbott’s role advising rightwing group ‘very informal’

The former prime minister, Tony Abbott, provided an “exchange of ideas in a very informal way” while an advisory board member for rightwing activist group, Advance.

The third-party group is appearing before a parliamentary inquiry this afternoon where its chair, Vicki Dunne, was asked about the nature of Abbott’s role with the group.

Ahead of being elected the Liberal party’s federal president, Guardian Australia reported Abbott was stepping down from his role advising the group.

Dunne, a former Liberal ACT assembly member for 19 years, explained:

He was on an … advisory board, and that’s, that was generally, you know, ‘hey, what do you think about this idea?’ and or, and vice versa … it was an exchange of ideas in a very informal way.

Dunne said she couldn’t remember who else sat on the advisory board.

[The advisory board] was more prominent when Advance was setting up, and it’s become – as the board has matured and the organisation has matured – I think that there’s less [of a] role for an advisory, a sort of a non-formal advisory committee.

Rightwing group Advance criticises parliamentary inquiry’s ‘threatening media release’

The rightwing activist group, Advance, has criticised a parliamentary committee for sending a “threatening media release” compelling its attendance to an inquiry into the 2025 federal election.

The group’s chair, Vicki Dunne, a former ACT Liberal assembly member, and company secretary, Mark Spencer, are appearing this afternoon over its campaign during the election.

Dunne pointed to a media release in June revealing both Advance and the Plymouth Brethren Christian Church, who appeared this morning, would be forced to attend the inquiry. She said:

I have never seen a committee publicly threaten to use its powers in such an act of political grandstanding. In 19 years of dealing with witnesses, I have never felt the need to issue a threatening media release.

Dunne added that Advance volunteers, during the election, were “subjected to numerous instances of harassment, provocation, and interference, and their ability to take part in the democratic process was hindered by other volunteers and, at times, overzealous officials”.

We have no problem with scrutiny, but it is, to say the least, curious that in a democracy, Advance must operate under a level of suspicion that the major parties and other third-party organisations do not.

Former integrity chiefs weigh in on Victorian royal commission

Former Victorian ombudsman, Deborah Glass, and former Ibac commissioner Robert Redlich, who now chairs the Accountability Round Table, have welcomed the broad terms of reference for the royal commisison into the construction sector.

They said the inquiry is a “much-needed step to restore confidence in the integrity of major infrastructure projects on which vast amounts of public money have been, and continue to be, spent.”

Glass and Redlich said the terms of reference “are broad, as they should be,” adding:

They need to respond to the extraordinary allegations of corruption that have circulated in recent years, and to explore why checks and balances failed that should have prevented misconduct and the extraordinary waste at public expense. We believe these terms of reference should allow for those questions to be answered, and we are pleased they look at both individual misconduct, including “grey corruption”, and systemic issues including culture.

They also welcomed that the royal commission will be examining the role of executive government in its oversight and governance of major construction projects, which they described as “vital”. They said while not specified in the terms of reference, this should “encompass the requirements of a proper business case, consultation, integrated planning and transparency”:

Ultimately this will be a matter for the Commissioner, but we observe that these are all factors the absence of which contributed to the risk of corruption and misconduct.

More on the royal commisison here:

‘Potentially conflicting instructions’: transport safety bureau to investigate circumstances of Sydney Airport near plane collision

Continuing coverage of a near-collision incident at Sydney Airport this week, a Qantas spokesperson said air traffic control instructions were followed.

Our aircraft was cleared to proceed in accordance with instructions from air traffic control, and we will support the Australian Transport Safety Bureau in its investigation.

The ATSB said there was “no immediate risk of collision” because the Qantas Airbus was able to brake normally and come to a stop. However, the bureau will investigate the incident.

The ATSB has classified this as a safety ‘incident’, rather than a ‘serious incident’, but has elected to conduct an investigation to understand the potentially conflicting instructions given to the flight crews and whether there are any contributing factors common to the other Sydney Airport incidents currently under investigation.

The ATSB said it expects a preliminary report in approximately six to eight weeks.

Miscommunication ‘not born of ill will’, NSW police commissioner says

The police commissioner Mal Lanyon reiterated his apology and said police, emergency services and other authorities would work together to ensure protocols are foolproof in the future.

From time to time, particularly when we are searching in remote locations, communication can be challenging.

Every officer that was at the scene, every officer who had devoted their time to the search was doing so in good faith.

Yesterday’s miscommunication, as tragic as it was, was not born out of ill will.

Asked who had contact his office with the incorrect information, the premier said he would not point fingers:

I’m not going to single out an individual or a person. Ultimately, this is my responsibility and Mal’s responsibility and we’re going to fix this.

Miscommunication over discovery of missing hiker shouldn’t detract from Lily Hooper’s memory, premier says

The NSW premier, Chris Minns, and the state’s police commissioner, Mal Lanyon, vowed to take responsibility after it was wrongly communicated that missing bushwalker Lily Hooper had been found alive.

On Thursday, Minns issued an apology and relayed news her body had been discovered after mistakenly announcing Hooper had been found alive.

Speaking from Goulburn on Friday, hours after Hooper’s body was recovered from the NSW southern highlands, he paid tribute to the teenager:

Lily was a fantastic person, she was doing what you’d want of every young person and that is getting out in the community, getting out in nature, seeing the beauty and the best parts of the Australian outback.

We want to encourage more of it not less of it. This has ended in a terrible tragedy but I don’t want it lost that Lily was a fantastic person with a close family and this would be devastating for them.

Victorian premier criticises shadow attorney general for calling royal commission a ‘cover up’

The Victorian premier, Ben Carroll, held a press conference in Geelong this morning, where he was asked about comments made by the shadow attorney general, James Newbury, after the release of the terms of reference for the royal commission into the construction industry.

Newbury described the inquiry as a “cover-up commission” and falsely claimed that former premiers Daniel Andrews or Jacinta Allan wouldn’t be required to attend because their names weren’t explicitly included in the terms of reference. Carroll, however, told reporters on Thursday that while it was up to the commissioner who he called, it could include the former Labor leaders.

He repeated this on Friday:

Everyone and anyone can be called. These are the most comprehensive, broadest terms [of reference] possible. This is my first action as premier to call the royal commission, and within three weeks, I’ve got it established, and the most eminent person available in Australia appointed as the royal commissioner. We’re going to make sure that we leave no stone unturned, and that’s what we’re going to get on with.

Asked about Newbury’s claim it was a “cover-up”, Carroll said “nothing could be more further from the truth, adding:

The more Mr Newbury – as the alternative attorney general – is in the media, the better for us.

He said Newbury’s commentary “erodes public faith in the alternative government”. Carroll said:

It shows you a level of inexperience, it shows you a level of unsophistication, and it shows you that they’re not ready to govern. This is a serious matter for Victorians. This isn’t about politics. This is about giving Victorians the answers they deserve [to] the so many questions they have. This is above politics. I think this demonstrates more of the opposition’s lack of experience and lack of knowledge … I’ll let them play politics. I’ll get on doing what I need to do as premier that’s in the interests of everyday Victorians.

Former NSW Liberal minister David Elliott appears before Icac

A former NSW Liberal minister and MP, David Elliott, is appearing before the NSW Independent Commission Against Corruption (Icac) this morning.

The inquiry is investigating the allegation that members of conservative factional group the Reformers took donations from Jean Nassif, a fugitive property developer, in exchange for the pursuit of outcomes including damage to Elliott’s career.

The inquiry has previously heard the Reformers created a “shit sheet” on Elliott, which included an alleged affair. Elliott has put out a statement strongly rejecting any affair had taken place, while witness Jeremy Greenwood, who commissioned the document, admitted to knowing the allegation of an affair to be untrue.

‘Flies in the face of evidence’: Brethren spokesperson rejects coordinated campaign by church, inquiry hears

Plymouth Brethren Church spokesperson, Lloyd Grimshaw, has also denied there was coordination by the church for its members to campaign for Liberal candidates during the 2025 election.

He tells the parliamentary inquiry into the 2025 election that the volunteers would have “coordinated amongst themselves”.

Volunteers of the Brethren church were seen at polling booths across the country including across Sydney, Adelaide, Melbourne and Perth.

Grimshaw says:

If members of a religious group decide to do something in their private capacity as private citizens, that they don’t speak on behalf of the church when they do that … I’m not saying that members didn’t participate, and clearly they did, and they must have been some coordination, but they would have coordinated amongst themselves, self-coordinated, and whoever they were.

But Labor MP Corinne Mulholland says Grimshaw’s claim “flies in the face of evidence” the committee has heard during previous hearings.

Spontaneous 3000 kilometres away from each other just [coordinating] amongst themselves? … I think it is a difficult pill for us to swallow on that one, unfortunately, Mr Grimshaw, and it flies in the face of evidence the committee has heard from ex members of the church who have said to us in extreme detail in their evidence before us about the level of control and direction from the church.

More on Dallas McInerney

Icac is investigating the allegation that McInerney, who gave evidence to the inquiry this week and last week, arranged and approved illegal political donations to lobbying companies controlled by conservative factional group the Reformers, under the guise of consultancy services. McInerney has insisted payments totalling $265,900 over four years were for genuine consulting work.

On Wednesday, McInerney denied he performed a factory reset on a work phone and iPad over the weekend to wipe critical evidence. He said he performed the wipe on his phone after his bank contacted him last Friday to tell him his account had been “compromised by an unknown merchant”. He said he performed a factory reset on an iPad ahead of it being surrendered to Catholic Schools NSW, “in the realisation I’m not likely returning to the company”.

He previously stood aside from his role as CEO of the governing body for 600 schools in NSW before the Icac hearings began “to allow the work of Catholic Schools NSW to continue its important mission”, he said in a statement.

Swans captain Callum Mills says he is ‘deeply shocked and disappointed’

Callum Mills, the captain of the Sydney Swans, also issued an apology and said he was “deeply shocked and disappointed to be here”.

As a playing group, we fully support the club’s decisions on the sanctions handed down. We take full responsibility and we are deeply sorry.

Mills said the five players suspended for the rest of the season had “let us down”.

This isn’t about football. The sanctions that were handed down were not about football.

Israel can ‘check’ reparations for aid worker’s death, ambassador says

Israel is open to reparations for the family of killed Australian aid worker Zomi Frankcom, as the federal government backs an independent investigation into her death, AAP reports.

The Israeli military on Thursday announced it had found there was no suspicion of criminal misconduct surrounding the Australian’s death, despite a previous finding there had been failures in how it was carried out.

Israeli ambassador Hillel Newman was summoned to Parliament House on Thursday morning to explain the outcome of the two-year investigation.

“Israel is open to discussions of a legal aspect, we can share information with legal teams of Australia,” he told ABC’s RN on Friday.

And the aspect of reparations can be checked definitely.

Newman said a request needed to be made before Israel could investigate potential reparations.

Sydney air traffic controllers have ‘grave concerns’ about collision risk after airspace redesign

Air traffic controllers at Sydney airport have warned federal safety regulators they have “grave concerns” about changes to airspace rules introduced last month, likening the situation to the months leading up to a crash in Washington DC in which 67 people died.

Guardian Australia can reveal the federal government was notified on Thursday of a confidential complaint considered by the Australian Transport Safety Bureau (ATSB), in which an experienced air traffic controller warned in June that changes related to the new Western Sydney International airport had been rushed, with “inadequate training for controllers, of all experience levels”.

The complainant told the regulator a large group of controllers in Sydney “hold grave concerns about the project”, referring to the air traffic redesign to accommodate the new airport.

Read more:

Brisbane woman allegedly attacked and raped on morning walk

A man has been charged with several counts of rape after an alleged random attack on a woman who was out on a morning walk, AAP reports.

The woman, aged in her 20s, was walking in the leafy, semi-rural Brisbane suburb of Brookfield around 6.30am on Thursday when she was allegedly stopped by an unknown man, police said in a statement.

The man allegedly sexually assaulted the victim multiple times before he fled the scene on foot. Police later arrested a 32-year-old man a short distance from the scene.

He has been charged with six counts of rape, stalking, assault with intent to commit rape, assault occasioning bodily harm and deprivation of liberty. He is due to appear in court later today.

Police said while the attack was being treated as an isolated incident, police patrols would be increased in the Brookfield area over the coming days.

Woman behind allegation of sexual assault linked to Sydney Swans reportedly says she wants ‘justice’

The woman who alleges she was sexually assaulted in a Melbourne hotel told the Herald Sun “all I care about is justice”.

Police are investigating the alleged assault, which is linked to a night out that resulted in five Swans players being suspended for the rest of the AFL season for breaching club standards. The players reportedly returned to the hotel in the early hours of Monday morning after drinking, following the victory over Essendon at the MCG that secured the Swans a home final.

None have been arrested or charged, but police are continuing their investigations. The Guardian does not suggest that any of the players are being accused of sexual assault, and it is reported that none of the banned players has been formally interviewed by police.

The five players released a statement on Wednesday saying they are “deeply sorry” after the suspension – which came after an independent investigation by the Swans organisation – for the breach of standards following a night of drinking, saying their behaviour had fallen “well short of the standards expected of us and the values of our Club”.

The apology did not mention the allegations of assault and there is no suggestion they are related. The players said their focus would “now be on rebuilding trust with the Club and the community”.

The woman, who was not identified by the Herald Sun, told the outlet she was hired to perform lap dances at the Melbourne hotel. She said up there were about nine men in the room who told her and another dancer they were tradies.

She said she could not provide detail about the alleged incident, but told the paper:

I don’t want money. All I care about is justice. I’m going to stand up for what is right. And I’m never going to let this happen to anyone else. Justice will be served.

Butler says Israeli government should ‘demonstrate some accountability’ on Zomi Frankcom

Health minister Mark Butler said the Israeli government could “demonstrate some accountability” after the country’s ambassador, Hillel Newman, was called in for formal talks following the decision not to open a criminal investigation into the death of Australian aid worker Zomi Frankcom.

Butler spoke to Radio National Breakfast after foreign minister Penny Wong said Australia was “outraged” after Israel announced the news. The health minister said this morning:

Something monumentally bad has happened here, and it just appears there’s no accountability on that side. Also, there has been to-ing and fro-ing very serious discussions between us and the Israelis about some of that evidence that you mentioned.

We continue to want to have that released both to Australia, but more importantly, to the family.

Australians could soon be able to block all online gambling ads. But will the plan actually work?

Australians will, within 12 months, be able to opt-out of all online gambling ads in one fell swoop, with the federal government pledging a one-stop register to avoid all wagering advertisements online.

In the meantime, from 1 January, all online services must provide an opt-out function if they want to display gambling ads.

But little is known about how the one-stop opt-out register will operate, with questions about data privacy and how exactly people will be able to use it.

Read more:

Good morning, and happy Friday. Nick Visser here to take over. Let’s get to it.