The major parties need to propose practical measures to safeguard the rights of children and future generations after they recommended the Senate reject the Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2023 yesterday. [1] 

“It is disappointing that the major parties have passed up an historic opportunity to address significant weakness in Australia’s legal framework, which currently fails to protect children and future generations from catastrophic climate change,” EDO Head of Policy and Law Reform Rachel Walmsley said. 

 “We will continue to advocate for duties and recognition of intergenerational equity in the nature-positive reforms and law reform in jurisdictions across Australia.   

“EDO strongly supports the Bill as an important step in addressing the climate change crisis and its impact on the health and wellbeing of current and future children.   

“The health and wellbeing of current and future children has, to date, not been effectively embedded in decision-making relating to climate change.  

“It is disappointing that the committee has advised against supporting these reasonable measures to address a significant shortcoming of Australia’s climate change laws.”  

Background   

This Bill follows the decision in the Sharma case where the Full Federal Court considered whether the Federal Minister for the Environment has a duty to take reasonable care to avoid causing personal injury to Australian children when making decisions that could impact climate change.   

In that case, the primary judge’s findings of fact about the risk of harm from climate change to children remained uncontested, however the Full Federal Court ultimately found that the question of the duty was not one for judicial determination, but rather a matter for the parliament.   

The Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2023 intends to implement this duty into statutory decision-making.  EDO supports the Bill as an important step to legislate the duty of care considered in Sharma.  

REFERENCES  

[1] The Report: Report of the Environment and Communications Legislation Committee, June 26, 2024. 

The Bill: Climate Change Amendment (Duty of Care and Intergenerational Climate Equity) Bill 2023  

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