Read the Initial Assessment published by the NCP 1 April 2022: English
On 28 September 2021, Traditional Owners Andrew and Robert Starkey, with the assistance of a lawyer, submitted a specific instance to the AusNCP alleging that an Australian based MNE had not observed the General Policies (Chapter II) or Human Rights (Chapter IV) provisions of the Guidelines. Specifically, the issues relate to the discovery of an unexploded ordnance in South Australia by the Starkey Traditional Owners, resulting in risk to personal safety and artefacts of cultural significance.
The submitters are seeking mediation to find suitable remedy, including an impact assessment, temporary cessation of the company’s supply services and financial compensation.
On 1 April 2022, the NCP published an initial assessment deciding to partially accept the case for further consideration. Specifically, the NCP will consider issues relating to the enterprise’s due diligence policies and procedures (including those of the parent company), and any proposed changes in the companies as a result of learning of the Ordnance being found by the Notifiers.
The AusNCP will move to offer its good offices to the parties.