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Treasurer Tim Pallas covered cost of Aboriginal groups legal fees in hidden payment

Victorian taxpayers were secretly slugged almost $570,000 to cover legal costs for three Aboriginal groups in a 2021 Supreme Court fight launched by Lidia Thorpe’s mum.

Aboriginal groups were given $600,000 to cover legal costs in case launched by Indigenous woman Marjorie Thorpe. Picture: Twitter
Aboriginal groups were given $600,000 to cover legal costs in case launched by Indigenous woman Marjorie Thorpe. Picture: Twitter

Victorian taxpayers were secretly slugged almost $570,000 to cover legal costs for three Aboriginal groups in a 2021 Supreme Court battle over the botched Western Highway duplication project.

Details of the hidden payment – obtained under Freedom of Information laws – show the state government agreed to pay them to appear as third parties in a case launched by Indigenous activist Marjorie Thorpe, who is the mother of Victorian senator Lidia Thorpe.

Ms Thorpe took legal action against the government, claiming the decision to approve the project was unlawful due to plans to remove trees deemed culturally significant.

The groups – the Victorian Aboriginal Heritage Coun­cil, the Eastern Maar Aboriginal Corporation and Martang – requested the govern­ment fund their representation in the case.

The botched Western Highway upgrade project drives protesters on to Parliament House steps. Picture: Twitter
The botched Western Highway upgrade project drives protesters on to Parliament House steps. Picture: Twitter

In a letter to Treasurer Tim Pallas in February 2021, Aboriginal Affairs Minister Gabrielle Williams asked him for a Treasurer’s Advance “to support the proper participation of critical third parties”.

“None of the three parties has funds to support their participation in the case and all are seeking government support,” she wrote. “An upper limit of $1m is requested due to the complexity of the case and uncertainty of duration.”

The rare allocation gives parliamentary and legal authority to the government to access funds to meet “urgent expenditure claims” and is not subject to the parliamentary scrutiny that applies to the rest of the budget.

Aboriginal Affairs Minister Gabrielle Williams requested the rare payment from Mr Pallas. Picture: Luis Ascui
Aboriginal Affairs Minister Gabrielle Williams requested the rare payment from Mr Pallas. Picture: Luis Ascui

Ms Williams argued the case was of “particular significance” as it would likely establish precedents regarding the impact of development on Aboriginal cultural heritage sites.

“The success or otherwise of the case could have significant implications for the delivery of major projects as part of Victoria’s Big Build as well as the proper functioning of the Aboriginal Heritage Act and the Traditional Owner Settlement Act 2010,” she said. She added it could also “have implications for the future treaty process”.

David Davis MP says the special payment to the Indigenous groups set a precedent. Picture: Luis Enrique Ascui
David Davis MP says the special payment to the Indigenous groups set a precedent. Picture: Luis Enrique Ascui

Opposition spokesman David Davis said the secret funding set a precedent.

“Whilst the Victorian government funded three Aboriginal groups in an attempt to expedite the legal processes in the Thorpe case, it has established a precedent where special funding is available to Indigenous parties which is not available to non-Indigenous parties,” he said.

While Mr Pallas signed a brief claiming that “approving the minister’s request will not have an adverse impact on the state’s financial position”, Mr Davis said it was further proof that the Treasurer was “treating taxpayers like an ATM”.

A government spokesman confirmed $569,000 was provided to the groups. The case has since been discontinued and Major Roads Projects Victoria is preparing a new plan to allow works to resume.

Originally published as Treasurer Tim Pallas covered cost of Aboriginal groups legal fees in hidden payment

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Original URL: https://www.adelaidenow.com.au/news/victoria/treasurer-tim-pallas-covered-cost-of-aboriginal-groups-legal-fees-in-hidden-payment/news-story/fd130fe9e047f86c05ebcb045c90e29f