Disaster for Darwin vs Australia on Fire—a Politico-Legal Review of Governments in Action

Abstract

For two days in December 1974, from 24 to 26 December, Cyclone Tracy hit Darwin, in the Northern Territory of Australia, killing 71 people, seriously injuring 145, causing minor injuries to 500, damaging buildings, tearing roofs from houses, sweeping up trees and rubbish bins, rending children’s playground equipment, and bending in half the anemometer needle in Darwin Airport control tower. The festive season ended with a damage bill topping AUD$800 million. From June 2019 through to March/April 2020, bushfires ravaged Australia, burning 10 million hectares, ending lives and destroying livelihoods, killing or injuring some three billion animals, with kangaroos leaping to avoid the inferno, while koalas whimpered as the oncoming flames sped towards them, filling the Australian bush with the agonised cries of animals in danger, distress, dying and death. Some 3,500 homes were burned out, almost 6,000 outbuildings demolished, 34 people killed, more injured, and the cost in monetary terms was estimated at over AUD$103 billion. During Black Summer, the Australian land expanse devastated was as if, were the conflagration to be experienced in England, the entire country would burn from Dover to the Scots’ border. These disasters found both serving prime ministers absent overseas at crucial times. Gough Whitlam, prime minister during the cyclone disaster, returned from Greece immediately. Scott Morrison, prime minister during the fires, left in the midst of the conflagration. Whitlam set up a Darwin Reconstruction Commission. No Bushfire Reconstruction Commission was established by Morrison. Two different leaders, two different responses from government. This paper explores the disasters and the differences, the politico-legal dimensions of the way governments can respond or fail, and the process of recovery.