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Happy Monday!

Have you ever wondered how the news is created once a journalist has a pitch?

We recently decided to show this process from ‘pitch to post’ over on TDA’s TikTok.

In this video, you can see TDA journalist Chloe Christie taking viewers through the process of ‘creating’ a story, in a behind-the-scenes style clip. It’s always fun to find new ways to reach ‘non-news’ people, and we’re excited to keep innovating!

I've got 10 seconds

The quote
“There’s a better world we can make… the current one we have is one we cannot settle for.” — Human rights advocate, lawyer and Bundjalung woman Vanessa Turnbull-Roberts on being named Australia’s first Commissioner for First Nations children and young people.

The stat
841
The number of large corporations that paid no tax in the 2021-22 financial year, according to a report by the ATO. Tax is paid on profit, meaning these companies officially did not make money that year.

Today in history
2015: At least 130 people were killed in co-ordinated terrorist attacks across Paris.

I've got 30 seconds

Some headlines from this morning:

  • Foreign Minister Penny Wong has said on ABC's Insiders that she wants Israel and Hamas to "take the next steps towards a ceasefire" but that "it cannot be one-sided. Hamas still holds hostages. Hamas is still attacking Israel." In the same interview, Wong urged Israel to abide by international law, which requires "the protection of hospitals, of patients, of medical staff." Wong added: "This has to end, and we are particularly concerned with what is happening with medical facilities." It comes as thousands of people protested in cities around the world over the weekend.

  • Three Australians are among those nominated for a Grammy Award this year. Troye Sivan, Kylie Minogue and Dom Dolla are up for awards, with Sivan and Minogue nominated for Best Pop Dance Recording and Dolla for Best Remixed Recording. The Grammys will be held on 4 February in Los Angeles.

I've got 1 minute

The Federal Government has announced it will allow the residents of Tuvalu to move to Australia as climate change impacts in the Pacific island worsen.

In announcing the pathway, the Government noted Tuvalu is "extremely vulnerable" to rising sea levels due to climate change and that the country is seeking ways to "preserve its culture, traditions and land".

Tuvalu has a population of 11,000. The Government says there will be an initial cap of 280 people per year.

The agreement is part of a new treaty signed by the governments of the two countries, which will include Australian assistance during natural disasters and pandemics and greater defence co-operation.

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I've got 2 minutes

David McBride will face trial this week, accused of unlawfully disclosing sensitive information — evidence that Australian soldiers had allegedly committed war crimes in Afghanistan.

If convicted, McBride could face life in prison.

The case has raised questions over legal protections for 'whistleblowers', people who share information in the public interest.

Who is David McBride?
McBride joined the Australian Defence Force (ADF) in 2009 as a Special Operations legal officer. He was deployed to Afghanistan in 2011 and 2013.

When he became aware of possible war crimes in 2014, McBride tried to raise the alarm internally with the ADF. Next, he went to the Australian Federal Police. After that, he went to the Defence Minister.

When those attempts failed, McBride went to the ABC, which published the allegations in 2017.

An official inquiry chaired by Major General Paul Brereton, which began in 2016 (before the ABC's reports), found "credible" evidence that dozens of war crimes had been committed in Afghanistan.

The alleged crimes included 39 unlawful murders of civilians or prisoners. The AFP is now investigating the allegations, but no charges have yet been laid.

Whistleblowers
A 'whistleblower' is an insider who speaks out about suspected wrongdoing.

Whistleblowing often involves revealing confidential information. In official contexts like the army, sharing that kind of information would typically be illegal.

However a law passed in 2013 is intended to protect public sector whistleblowers who speak out on matters in the public interest. So, why is McBride facing prison time?

Legal flaws
While legal protections for whistleblowers were introduced in 2013, they've been criticised as being too narrow.

A whistleblower's disclosure is protected if it is in the "public interest" and if the whistleblower tried to raise the matter internally first.

However, the law has highly complex and narrow rules a whistleblower must follow in order to be eligible for protection. An official review of the laws in 2016 found they were not functioning as intended and that the complexity was "undermining" potential disclosures.

Theses flaws were highlighted by some politicians when the law was debated in Parliament in 2013.

Then-Greens leader Christine Milne said the narrow protections would mean "one wrong step [and] the whistleblower is out on their own, exposed to lengthy and stressful retribution".

Attorney-General Mark Dreyfus, who drafted the 2013 laws, has accepted these flaws and promised to reform the legislation, but has not yet done so.

McBride unprotected
McBride took steps to ensure his disclosure would be eligible for legal protection, including raising the matter internally first.

However, the Department of Defence last year intervened to effectively prevent him from seeking legal protection as a whistleblower by excluding key evidence on national security grounds.

Kieran Pender, a senior lawyer at the Human Rights Law Centre who has advocated for McBride, told TDA faulty laws meant whistleblowers "having to defend themselves with faulty shields".

Pender said cases like McBride's would have a "chilling effect" on others considering speaking up, and called on Attorney-General Mark Dreyfus or the Commonwealth Director of Public Prosecutions to intervene.

"One of them needs to act so we don't have a whistleblower on trial facing the very real possibility of jail time for telling the truth. That's what this is about at its core."

Govt position
Last year, Attorney-General Dreyfus ended the prosecution of a different whistleblower in a case where his approval was required. His approval is not required in the McBride case, but he could choose to intervene.

A spokesperson for Acting Attorney-General Michelle Rowland told TDA this power to intervene was "reserved for very unusual and exceptional circumstances. As Mr Mcbride's proceedings remain ongoing, it is inappropriate to comment further on the particulars of their matters."

The spokesperson said the Govt planned to make whistleblower laws more "effective and accessible". Any changes would not apply retrospectively to cases like McBride's.

I’ve got 10 minutes

Get all the news you need to know today in your ears on The Daily Aus podcast!

Give me some good news

The first eye transplant in the world has been announced by surgeons at New York University. The transplant recipient’s vision has not yet been restored, but their new eye has shown functioning blood vessels and what doctors described as a “promising-looking retina”. Surgeons are hopeful some vision will be restored for the patient, however the goal of the operation was to complete the world’s first whole eye transplant, and has been hailed as a success.

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A TDA tidbit

Christmas has come early!

NASA’s Webb and Hubble Space Telescopes have revealed a bright and colourful view of the universe. In the photo above, you’re looking at the MACS0416 galaxy cluster, also known as the Christmas Tree Galaxy Cluster. It is about 4.3 billion light-years away from Earth.

Not only are the colours as dazzling as a porch in December, but they give clues as to how far the galaxies are. The blue coloured galaxies are closer, whereas the more red coloured galaxies are further away. Across the image, 14 transients (astronomical objects) were identified. Some of the transients are potentially individual stars or even multiple-star systems.

Both the Hubble and Webb telescopes provided different perspectives, but both of them combined helps to create an expansive image of the galaxies.

Haojing Yan, from the University of Missouri, said: “We’re calling MACS0416 the Christmas Tree Galaxy Cluster, both because it’s so colourful and because of these flickering lights we find within it. We can see transients everywhere.”

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