Joint statement on Pabai Pabai v Commonwealth

The Hon Chris Bowen MP, Minister for Climate Change and Energy
Senator the Hon Malarndirri McCarthy, Minister for Indigenous Australians, Senator for the Northern Territory

Today the Federal Court has handed down a decision in the case of Pabai Pabai & Anor v Commonwealth.

Beginning in 2021 during the former Morrison Liberal Government, this class action alleged that the Commonwealth breached a duty of care to protect Torres Strait Islanders, their environment and traditional way of life from the current and projected impacts of climate change.

Unlike the former Liberal Government, we understand that the Torres Strait Islands are vulnerable to climate change, and many are already feeling the impacts.

Where the former Government failed on climate change, the Albanese Government is delivering – because it’s in the interest of all Australians.

That’s why we’re continuing to turn around a decade of denial and delay on climate, embedding serious climate targets in law and making the changes necessary to achieve them.

Australia is now producing record renewable electricity, and energy emissions are lower than when we took office. We’re on track to achieve our ambitious but achievable targets of 43 per cent emissions reduction by 2030.

But we know there is always more to do. The Albanese Labor Government remains committed to both acting to continue to cut emissions, and adapting to climate impacts we cannot avoid.

We are finalising Australia’s first National Climate Risk Assessment and National Adaptation Plan to help all communities understand climate risk and build a more resilient country for all Australians.

As the Commonwealth is carefully considering the detailed judgment, it would not be appropriate to comment on the specific findings while this occurs.