Independent Panel Review into the proposed Dan Murphy’s development in Darwin 28 APRIL 2021 Disclaimer This report was commissioned by Woolworths Group and prepared by the Independent Panel Review. This report reflects the views and findings of the Independent Panel and is not provided to Woolworths Group by way of legal advice and should not be construed as legal advice. All information in this report is derived from Independent Panel Review analysis using material requested and provided by Woolworths Group, proprietary research, publicly available data and from interviews with many stakeholders and other people concerned with the issue of the proposed Darwin Dan Murphy’s development. Where information has been obtained from third-party sources this is clearly referenced in the footnotes. Due to rounding, numbers presented throughout this document may not add up precisely to the totals provided and percentages may not precisely reflect the absolute figures. Australia’s Aboriginal and Torres Strait Islander peoples have occupied Australia for 65,000 years and hold a foundational place in the Australian nation. They comprise about 30 per cent of the population of the Northern Territory. For many, English is their second or third language. First Nations peoples’ unique cultures and their profound connections to Country remain vibrant and strong. These are matters of vital importance to First Nations peoples themselves and indeed to all Australians. Their value to our nation is inestimable and must be acknowledged, nourished and cherished. But much has been taken from our First Nations citizens. Every institution and organisation in the Northern Territory should be concerned to ensure their future wellbeing as productive, healthy, respected and empowered citizens. A failure to do so will leave the Northern Territory incomplete with its core identity flawed and all Territorians will have been denied the rich and enduring rewards of an inclusive and confident society. This is a call for the wholehearted recognition of the Northern Territory’s First Nations peoples as the Traditional Owners of the lands, islands and seas of the Northern Territory. It is a call for the flourishing of their presence and unique cultures as fully embedded parts of the economic and societal functioning of the Northern Territory. 3 Acknowledgement of Country The Independent Panel Review acknowledges the Traditional Custodians of Country throughout Australia and recognises their continuing connection to land, waters and community. We pay our respects to them and their cultures, and to Elders both past and present. We particularly acknowledge the Larrakia and are honoured by the warmth with which we were received upon Larrakia lands. We also acknowledge the many First Nations Elders and leaders from communities and organisations across Australia who engaged in the Panel’s consultation process. We support the Uluru Statement from the Heart and the recognition of Aboriginal and Torres Strait Islander peoples in the Australian Constitution. We express our solidarity with Aboriginal and Torres Strait Islander peoples in their request for an Indigenous Voice to Parliament. Aboriginal and Torres Strait Islander peoples should be aware that this publication may contain names of people who have since passed away. All references to Indigenous people in this publication are intended to include Aboriginal and/or Torres Strait Islander peoples. 4 1. THE SHIFTING SANDS OF CORPORATE PURPOSE Letter of Transmittal 28 April 2021 L 35, Tower Two, International Towers Sydney 200 Barangaroo Avenue, Mr Gordon Cairns Barangaroo NSW 2000 AUS Chairman T +61 2 9263 4000 F +61 2 9263 4111 Woolworths Group Limited www.gtlaw.com.au 1 Woolworths Way Bella Vista NSW 2153 Dear Gordon Dan Murphy's Darwin Development Thank you for inviting me to establish and chair the Independent Panel Review into the proposed Dan Murphy’s Darwin Development. I have pleasure in delivering the Panel’s report to you. The Panel recommends to your Board that the Woolworths Group not proceed with this proposal. Strong concerns about the proposal, expressed by the majority of people to whom the Panel spoke, most importantly but not only, Aboriginal and Torres Strait Islander peoples, and the negative impact on the Woolworths Group, its aspirations and reputation, form the overall basis for this recommendation. I am pleased to be able to say that the Panel has engaged deeply with every aspect of our work. We have consulted a large number of stakeholders and other interested people. We have considered, at some length, issues of outstanding corporate citizenship generally, and in relation to Aboriginal and Torres Strait Islander peoples more particularly. Most importantly, we have considered the Dan Murphy’s Darwin Development and its impact on the Woolworths Group. The Panel trusts that the report will assist the Woolworths’ Board in its ongoing consideration of this complex issue. The Panel also hopes that this report will be of assistance, not only to the Woolworths Group, but more generally, to large Australian organisations dealing with the issues considered in this report. If that is the case, then Woolworths Group will have made a contribution beyond this particular Dan Murphy’s Darwin Development. I want to thank the Woolworths Group personnel who spoke to the Panel for their open and ready willingness to engage with the Panel and provide us with all of the information we requested. I particularly want to thank Christian Bennett and Kate Eastoe for their terrific co-operation and assistance. It has been a great pleasure to work with Panel members Nigel Browne, Heather D’Antoine, Roland Houareau and Neil Westbury. They have all made outstanding contributions. The Panel has been greatly assisted by Accenture and my team at Gilbert + Tobin. I thank them all. Finally, I want to thank you and Brad Banducci. The decision to commission this Independent Panel Review was striking and speaks to the commitment you both have to the Woolworths Group to ensure its status as one of Australia’s outstanding corporate citizens. For my part, it has been a great privilege to lead this important work. Yours sincerely Danny Gilbert Chair Independent Panel Review [email protected] 5 Contents Detailed View of Proposed Site 7 Timeline 8 Definitions 10 Executive Summary 12 1. The Shifting Sands of Corporate Purpose – Citizenship, Reputation, Legitimacy and Trust 14 2. Corporate Australia’s Commitment to and Relationship with Aboriginal and Torres Strait 23 Islander Australians 3. Background to the Proposed Dan Murphy’s Development 32 4. Background on the Northern Territory and Darwin 38 5. Alcohol Consumption in the Northern Territory 49 6. Endeavour’s New Store Approval Process 62 7. Regulatory Framework, Application to the Liquor Commission and Applications to the Northern 68 Territory Civil and Administrative Tribunal 8. Review of the 2020 Legislative Changes and the Decision of the Director of Liquor Licensing 82 9. Review of the Community Consultation Process 92 10. Woolworths Group’s Commitment to and Relationship with Aboriginal and Torres Strait 113 Islander Australians 11. General Observations 124 12. Findings and Recommendations 129 Appendix A – List of Stakeholders Consulted 137 Appendix B – Panel Member Biographies 142 Detailed view of proposed site R Sabine Road a p d id a o C R r e e l e Proposed a k d R h t o o Site a Lee Point Road d R McMillans Road Kulaluk Darwin Airport Central Osgood Drive commercial precinct Dick Ward Drive Ward Dick Existing Bunnings store Initial Site Minmarama Park Bagot Darwin International Airport Bagot Road Bagot e v i r D d r a W k ic D Greater Darwin Northern Suburbs Mc M il lan s Ro a Darwin d International Airport Bagot Road Bagot Stuart Hwy S tu art Hw y Palmerston Darwin CBD Note: Map is illustrative only and does not reflect exact scale. Source: Airport Development Group, ‘Presentation to Independent Panel Review’; Northern Territory Government, ‘NT Atlas and Spatial Data Directory’ 7 High-level timeline of legislative amendments and decisions regarding the proposed Darwin Dan Murphy's development Pre-submission Post-submission 28 Feb 2018 Following the Riley Review: 400m2 rule repealed in the Liquor Amendment Act 2017 (NT); Liquor Commission introduced under 2013 the Liquor Commission Act 2018 (NT); several recommendations of the Riley Review introduced Darwin identified as possible site for as amendments to the Liquor Act 1978 (NT). a Dan Murphy’s development. 19 Jul 2018 Dec 2016 Woolworths Group lodged its second Woolworths Group lodged its application to substitute the BWS Stuart first application to substitute Park licence to the proposed Dan the BWS Stuart Park licence Murphy's development at Bagot Road. to the proposed Dan Murphy’s development at Bagot Road (this application was later withdrawn); Sep 2018 400m2 restriction on the size of takeaway liquor outlets introduced. Objections to Woolworths Group's application lodged. 2018 2019 1 Oct 2018 Minimum unit price introduced under the Oct 2017 6 Jun 2018 Liquor Amendment (Minimum Pricing) Northern Territory Point of Sale Act 2018. Alcohol Policies and Interventions introduced Legislation Review (the under the Liquor Riley Review) published. Amendment (Point of Sale Intervention) Act 2018 (NT). Sep 2017 Banned Drinker Register re-introduced under the Alcohol Harm Reduction Act 2017 (NT). 8 Post-Liquor Commission decision Post-approval Oct 2019 17 Dec 2020 70 recommendations of The Director of Liquor Licensing Riley Review introduced approved Woolworths Group’s under the Liquor Act application for the substitution of 2019 (NT). premises from BWS Stuart Park to a Dan Murphy’s development at McMillans Road. 20 Sep 2019 7 Jan 2020 Liquor Commission Woolworths filed an application refused Woolworths to the Supreme Court of the Group’s application. Northern Territory seeking leave to appeal the NTCAT decision. 27 Mar 2020 Substitution of licensed premises provisions amended under the Liquor Amendment Act 2020 (NT).