THE decision handed down by the Federal Court last week in favour of cattle producers hit by the Australian government's 2011 live export ban to Indonesia has put governments and ministers on notice, according to Liberal Member for O'Connor Rick Wilson.
The ruling follows a class action, which started in 2014, seeking $600 million in compensation for lost income as a result of the ban, which came after an ABC Four Corners investigation based on footage from Animals Australia showed shocking mistreatment of Australian cattle in Indonesian abattoirs.
Mr Wilson said there were "huge ramifications for government" in the decision, that "buckling to activists is not OK, when it is plainly unjust as it was in this case".
"The government has been put on notice that it is responsible for the decisions of bureaucracy and the government and ministers, can't hide behind bureaucracy when they are acting unjustly or incorrectly," Mr Wilson said.
He said while former agriculture minister Joe Ludwig made the decision while in government the current Federal government would bare the cost of the ruling with tax payers ultimately footing the bill.
"It is not OK to cave into activists when the decision is plainly unjust and wrong," Mr Wilson said.
"Businesses and livelihoods were thrown into chaos as a result of the shutdown."
He said activists, such as Animals Australia - which provided the footage of animal cruelty that led to the ban - had been sending thousands of emails to ministers to persuade them to act against the live export trade, but it was up to ministers to look at all the facts and evidence, as well as the possible consequences of any action before rushing to judgement.
The Pastoralists and Graziers Association said it was "time for governments to consult rather than react".
"This ruling over the 2011 ban, described by Justice Rares as 'capricious' and 'unreasonable', clearly illustrates the continual practice of knee jerk policy decisions made by government bureaucrats in Canberra when dealing with the live export industry," said PGA president Tony Seabrook.
"One only has to look at the 2018 suspension of sheep exports out of WA to show that there is a serious and continual practice of government policy being based on responses to current affairs programs such as 60 Minutes and Four Corners, which constantly show the live export industry in the most negative light possible, rather than showcasing the positives about the industry, and the tremendous job exporters do in ensuring the health and welfare of the animals on these voyages.
"Our government bureaucrats are basing their decisions to suspend or ban live exports to a particular country, or during a particular season, on a small sector of the public's reaction after watching a heavily edited television program, with no consideration given to the impact it will have on producers, exporters, as well as our overseas customers.
"It is high time that our elected MPs and ministers learned this lesson and put an end to this practice within their department, which has now been ruled by the Federal Court as unlawful."
Hedland Export Depot manager Paul Brown said it was "a good day" as he had been part of the class action from the beginning.
He said the decision of the government in 2011 affected not just the northern cattle trade but the whole industry as cattle from the north had to be sold into the southern market which "collapsed the prices" locally.
"It was no fault of Australian cattle producers or the wider industry," Mr Brown said.
He said it was a bad decision because "you can't blame the behaviour of Indonesian abattoirs" - who up to that time were operating within their laws - "on Australian cattle producers".
"This was not about live export or animal welfare," Mr Brown said.
"The minister made an unlawful decision without taking into consideration the impact that would have.
"This has an impact across all ministers, federally and at the State level.
"It sets a much higher bar in terms of making decisions.
"This is a monumental decision and is good for everybody.
"It sets a new standard."
Mr Brown said governments will no longer be able to make deals in parliament for political gain which affected industries unjustly.
He said the industry had moved on and the decision would allow just compensation but the government still had 28 days to appeal and there were also hearings scheduled to work out the details of how the compensation would be administered.
Kimberley Pilbara Cattlemen's Association chief executive officer Emma White said pastoralists were "happy with the result" and felt "vindicated by it".
"This is significant for the industry," Ms White said.
"It highlights the importance of good decision making and not making knee jerk reactions."
The KPCA was still going through the details of the decision and also the administration process.
"It's not the end of it yet," Ms White said.
"Hopefully the government doesn't appeal."
