A duty of care to Torres Strait Islanders

July 17, 2025

To whom we owe a duty of care is first and foremost a moral question. A duty of care represents an ethical obligation to consider the well-being of others and act in ways that avoid causing unnecessary suffering or harm, even in the absence of enforceable laws. It is a universal principle that crops up in the moral code of all peoples in various forms. In Kantian terms, it can be described as a moral imperative.

The post-WWII war crimes were prosecuted applying that moral imperative – the defence that people were only following orders was not accepted. In many instances, people were convicted for crimes that were sanctioned by their laws.

The Federal Court does not rule on questions of morality. In many instances, the laws are only framed after the moral obligation has been settled.

As far as climate change is concerned, Australia has a moral obligation to redress what people can suffer from the consequences of climate change. We have known about climate change for at least a hundred years; the failure of successive governments to act does not absolve us from this obligation. Ideally we should enshrine our obligation in law.