The Australian Federal Police continue to defer responsibility for classifying the attacks on Camp Sovereignty as a hate crime, Senator Lidia Thorpe says.
Earlier this month, more than 20 federal crossbench MPs wrote to Prime Minister Anthony Albanese, Indigenous Australians Minister Malarndirri McCarthy, Attorney-General Michelle Rowland, and senior law enforcement officials, calling for the attack to be investigated under hate crime legislation.
In a letter to Senator Thorpe dated October 30, AFP Commissioner Krissy Barrett said the investigation "remains ongoing and is led by Victoria Police given the incident occurred within their jurisdiction".
"While on face value this incident may appear to meet the definition of hate crimes and terrorism offences as outlined in your correspondence, police must examine and consider all evidence available," Commissioner Barrett wrote.
"This is a priority of the Victoria Police active investigation. I have every confidence the investigators will consider and determine the most appropriate criminal offence(s)."
Camp Sovereignty, established in 2006 by Krautungalung Elder Robbie Thorpe, is a peaceful site for community gathering, reflection, and ceremony, and is also the resting place of repatriated remains of 38 Aboriginal Victorians.
The attacks on August 31st followed a series of anti-immigration rallies nationwide. Footage seen by National Indigenous Times showed around 40 men dressed in black - many allegedly linked to the National Socialist Network (NSN) and some carrying flagpoles and sticks - storming the Indigenous camp.
View this post on Instagram
Commissioner Barrett noted 15 people have been charged over the attacks, including violent disorder, affray, assault, and contravening bail conditions. Prosecutors opposed bail for NSN leader Thomas Sewell last month, describing him as an "unacceptable risk" to community safety. Mr Sewell and several others were remanded in custody, while others charged were released on bail pending hearings.
Under Commonwealth law, Division 80.2A of the Criminal Code Act 1995 makes it an offence to advocate force or violence against a group distinguished by race, religion, gender, or other protected characteristics, while Division 100 defines terrorist acts as those intended to advance a political, religious, or ideological cause by coercing a government or intimidating the public.
Senator Thorpe told National Indigenous Times the AFP's response was "incredibly disappointing", asking: "What more evidence could they possibly need? We've had self-identified neo-Nazis stomp on the Aboriginal flag and violently attack First Peoples at a sacred site."
"They have deferred responsibility to the Victoria Police. I was told by the AFP that they can apply charges themselves if they choose to, but clearly they have decided against that in this case," she said.
"The Victoria Police also have the ability to pursue hate crimes under federal or state legislation, but again they have decided to go with more minor charges."
View this post on Instagram
Last month, Victoria Police Superintendent Troy Papworth admitted the force "didn't have intelligence to suggest that there was going to be any issues with Camp Sovereignty" before the rallies, but said the camp is now "absolutely front of mind for us in making sure that people are safe" during future protests.
Commissioner Barrett said the AFP remains engaged with Victoria Police and will assess and investigate any evidence that could constitute a Commonwealth offence.
"I am committed to ensuring community members feel safe and protected and will ensure the AFP continues to respond to those individuals who are causing hatred, division and violence against marginalised or vulnerable communities," she added.
This week, Senator Thorpe tabled a petition signed by more than 400,000 people calling for justice following the attack.
During Mr Sewell's bail hearing, supporters were heard chanting "go white Australia" and "hail white Australia." Senator Thorpe said the comments demonstrate "clearly hateful, white-supremacist ideology that motivated this attack".
"We've seen attacks on other groups taken much more seriously than this attack on First Peoples. We are being treated as lesser," she said, also criticising the Prime Minister for what she called a muted response.
"All he has been able to say is that there were some good people marching alongside the Nazis that day. He claims he supports First Peoples, but he won't call this violence out."
