Legislative Assembly for the ACT: 2002 Week 13 Hansard (21 November) . . Page.. 4047 ..
3. If the structure is illegal and possibly unsafe, why didn't the Australian Federal Police remove it on the first occasion, as they had been requested.
4. Why was the sculpture removed from a paddock site in New South Wales because it did not have planning permission but was originally allowed to remain in the Australian Parliamentary triangle where it also did not have planning permission to remain.
5. If a sculpture week was proposed, as stated in the media, what control does the so-called "embassy" have over the subject matter of such items which could be illegal.
6. Can only Aboriginal people bring and erect sculptures at the site and if so, is this not discriminatory as well as adding to possible illegal structure.
Mr Stanhope: The answer to the member's question is as follows:
Concerning the illegal erection of a kangaroo sculpture at the Aboriginal Tent Embassy:
1. Has advice been sought from the Attorney-General's Department as to the liability of the embassy if the structure had fallen and injured a tourist.No advice of this nature has been sought from the ACT Government Solicitor's Office. The Aboriginal Tent Embassy is on Commonwealth Land and issues of liability, if any, are a matter for the Commonwealth.
2. If the "embassy" is outside the jurisdiction of the ACT Government (Reply to Question on Notice No 230) why was ACT Workcover involved in assisting police over the matter.ACT WorkCover provided urgent assistance in this matter at the request of the Australian Federal Police.
The police identified a need for immediate information on the structural integrity of the structure.
ACT WorkCover officers made it clear to the Police and to all parties that they were there simply to give advice and that the area was not a work site over which WorkCover had jurisdiction.
ACT WorkCover provided verbal advice on one occasion.
3. If the structure is illegal and possibly unsafe, why didn't the Australian Federal Police remove it on the first occasion, as they had been requested.Police initially attempted to negotiate the voluntary removal of the structure.
On 10 October 2002, police were requested by the National Capital Authority (NCA) to remove the structure from the tent embassy site.
On that date, police advised the embassy representative, Mr Darren Bloomfield, that the structure was illegal and would be removed as requested by the NCA. The matter was discussed with Mr Bloomfield for some time without an agreement being reached for the removal of the structure.