Bischoff family seeks Bali answers

The bodies of Noelene Bischoff and her daughter Yvana are already being examined by authorities. Source: AAP

THE family of Noelene and Yvana Bischoff just want to find out what killed them in Bali so they can be finally laid to rest.

Their bodies arrived at Brisbane Airport about 5am (AEST) on Saturday after an Indonesian police investigation found their deaths were not suspicious.

The pair became violently ill and both died last week less than a day after checking in at the Padang Bai resort.

Noelene, a 54-year-old nurse, died while being taken by ambulance to a hospital in Denpasar.

Yvana, 14, died hours later at the clinic without knowing her mother was dead.

Queensland's coroner has immediately began investigating the cause of the Bischoff deaths.

Noelene's brother Malcolm wants to find out quickly so he can bury his sister and niece.

But he knows a thorough investigation is likely to take a long time.

"It doesn't matter what the result is either way, whether it's, you know, food poisoning or some other sort poisoning, at the end of it all we still have two dead people," Mr Bischoff told AAP.

"It doesn't bring them back, but at least it will be clear in our minds what the reason was and lay the girls to rest."

While Indonesian authorities have suggested their deaths were caused by an allergic reaction, relatives think it is more likely they suffered food poisoning, perhaps from fish they ate for dinner.

Mr Bischoff said until investigators find out the exact cause, anyone travelling to Bali could also be at risk.

"My sister and Yvana weren't doing anything dangerous, they were just an average family on an average holiday," he said.

"There were heaps of people on the plane they (Noelene and Yvana) were flown back on this morning, all those people had all been to Bali for the week.

"This could've been any one of them, people need to remember that."

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DPP to look at murder charges for McNeil

THE NSW attorney-general has asked authorities to assess whether murder charges can be laid against the man who punched Daniel Christie, whose life support has been turned off.

Mr Christie, 18, was taken to St Vincent's Hospital in a critical condition after allegedly being punched by Shaun McNeil in Kings Cross on New Year's Eve.

And after 11 days in hospital his life support was turned off on Saturday afternoon.

Attorney-general Greg Smith said he has asked the acting director of public prosecutions "to closely examine this case with a view to determining if murder charges are appropriate in light of the evidence, and in light of the alleged offender's reported martial arts experience."

After a meeting with the family of Thomas Kelly, who also died after a king-hit attack in Kings Cross, Mr Smith said he's giving "careful consideration to their proposals."

The Kelly's in November began a petition calling for drunkenness to be a mandatory aggravating factor that must be taken into account in sentencing.

The petition, started in November, was at about 25,000 signatures before New Year's Eve.

And following the alleged assault on Mr Christie, that surged to more than 124,000.

Mr Smith wouldn't comment further on the case, but did pass on his condolences to the Christie family.

"Daniel Christie's death is a senseless tragedy which will rightly outrage and sadden everyone in NSW. My thoughts and prayers are with his family and friends at this difficult time," he said in a statement.

"I cannot imagine their pain and anguish, their despair and devastation and I am humbled by their dignity and the generous gesture of donating Daniel's organs."

Police expect further charges to be laid against his alleged attacker when he next appears in court in March.

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More charged in Qld drive-by shootings

A SECOND man has been charged following suspected drug-related drive-by shootings in North Mackay last week.

Police said a 21-year-old man from Blacks Beach was charged with wilful damage and maiming an animal.
He is expected to appear in the Mackay Magistrates Court on January 13.

The Courier-Mail reported yesterday that in addition to five homes that were fired at early Wednesday morning, a bullet had been found in Meadow Street, North Mackay.

``Some of the houses were either mistaken identity or targeted," Mackay District Acting Superintendent Andy Graham said.

``The incident itself is drug-related … some of (the residents) appear to have no linkage at all."

Anyone with information which could assist with this matter should contact Crime Stoppers anonymously via 1800 333 000 or crimestoppers.com.au 24hrs a day.
 

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Aussie soldier missing in US

AN Australian soldier has gone missing while on leave in the United States.

Captain Paul McKay was last seen in Saranac Lake, New York State, on New Year's Eve.

"Captain McKay was reported missing to US authorities by family members," Defence said in a statement on Saturday.

He arrived in the US on December 29 and local police believe he was headed to Lake Placid in the state's north, the ABC reports.

Defence said support is being provided to Captain McKay's family and US and Australian agencies are working to locate him.

No further information was available.

"Due to privacy legislation, Defence will not provide any further personal or service details relating to Captain McKay," Defence said.

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Royal commission one year on

MORE than 1000 victims of child sex abuse have given evidence to a royal commission during its first year of operation.

Victims were mainly men, now aged between 50 and 69, and abuse occurred predominantly in children's homes, 70 per cent of which were run by religious groups, statistics from the commission show.

Royal Commission into Institutional Responses to Child Sexual Abuse chief Janette Dines said testimony from courageous victims had provided information that would usually be difficult to obtain.

"For example, commissioners have heard in private sessions that sexual abuse is often accompanied by serious physical abuse, particularly when that abuse occurred decades ago," she said.

"Other similarities include a generally stated dissatisfaction with the criminal justice system and the anguish felt by many victims that despite attempts to disclose the abuse at the time it occurred, they were not believed."

The commission was established on January 11, 2013.

After staff were employed and venues secured in April, private hearings began in May.

The first public hearing was in September in Brisbane and more than 80 witnesses have spoken.

The commission expects to hold 21 weeks of public hearing this year and aims to provide 800 private sessions with four weeks to be held in regional areas.

"The royal commission has achieved much in its first 12 months," Ms Dines said.

"But it is clear that it continues to face a huge task."

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No crime in Bischoff case: Indon police

The bodies of Noelene and Yvana Bischoff are expected to arrive in Brisbane on Saturday. Source: AAP

INDONESIAN authorities say they haven't found evidence to suggest the deaths of a Queensland mother and her teenage daughter at a Bali resort were the result of a crime.

The bodies of Caloundra nurse Noelene Bischoff, 54, and her daughter Yvana, 14, will be flown to Brisbane on Friday night and arrive on Saturday morning.

The close-knit mum and daughter died on January 4 after becoming violently ill, less than 24 hours after checking in at a beachfront resort on the east coast of the island.

Food poisoning, allergic reactions and intoxication from drugs have been suggested as possible causes.

Indonesian authorities refused to release the pair's bodies on Thursday because they couldn't rule out whether criminal activity was involved in their deaths.

However, on Friday Indonesian police said the bodies would be flown to Australia, after they found no evidence of crime.

About 30 types of medicines were found in their hotel room by Indonesian police and laboratory results of vomit from the scene came in on Friday.

Detective Superintendent Adnan Pandibu, who is leading the investigation in Indonesia, told AAP no toxins were found, and the deaths didn't appear to be suspicious.

"The main point is that the investigators haven't found preliminary evidence that a crime has happened," he said.

"As the family requested, the bodies will be sent back to Australia today."

A spokesman for Virgin told AAP the bodies were due to be flown into Brisbane just after 5am (AEST) on Saturday and taken to the John Tonge Centre in Coopers Plains for autopsies.

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Perth gas odorant leak tracked to centre

THE mystery gas smell which worried hundreds of Perth residents was likely to have been a leak of gas odorant from the industrial centre in Kwinana, south of the city.

An investigation was launched by authorities on Thursday, after hundreds of complaints were made to ATCO Gas Australia, with some residents claiming the smell was so strong it woke them up.

ATCO ruled out a gas leak from any of their infrastructure, with the Department of Environment Regulation (DER) taking over the investigation.

In a statement, DER said it was continuing its inquiry into the cause of the smell, but confirmed they were focusing on premises in the Kwinana industrial area.

"It is likely the odour was the result of a leak of gas odorant which is generally injected into otherwise odourless gases so they can be detected by people," a statement said.

"These gas odorants can be detected in the air at extremely low levels - as little as one part per billion."

The DER said they believed the emissions had ceased, however, investigations were continuing.

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Police hunt teen after farmer threatened

A FARMER was threatened by a teen armed with a stolen firearm after a break-in on the NSW north coast.

Police say two teenagers forced entry into a farmhouse on Greens Lane at Swan Creek between 2pm and 5pm (AEDT) on Thursday and stole a firearm, two hunting knives and a quad bike before fleeing.

A short time later a farmer confronted the pair on another property, believing they were shooting at his cattle.

Police have been told one of the teenagers pointed the firearm at the farmer before attempting to flee on the quad bike.

They escaped on foot into bushland.

A search for the pair resumed at 7am on Friday after they were spotted on Coldstream Road at Tyndale.

Just after midday a 15-year-old boy was found by a police dog in a cane paddock at Tyndale and is now assisting police.

A search is continuing for the second teenager who was last seen crossing the Clarence River in a stolen boat.

It's believed he is in the Maclean/Yamba area.

He is described as being of Aboriginal/Torres Strait Islander appearance, aged in his mid to late teens and approximately 170cm tall, wearing blue shorts and a blue shirt.

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Remaining Brothers in police sights

A Brothers for Life gang leader has been caught and arrested on Sydney's central coast. Source: AAP

POLICE have vowed to go after other members of violent western Sydney gang Brothers for Life after the arrest of three key members, including alleged leader Farhad Qaumi.

Fourteen members of the gang have been arrested since November and while police believe membership is shrinking by the day, they say their work is not yet done.

NSW Police Deputy Commissioner Nick Kaldas said speculation the group was finished was premature but he was optimistic those who had caused the damage were in custody or "neutralised".

The gang, linked to murder and shootings, was further disrupted when police raided homes in Sydney and the NSW central coast on Wednesday, arresting Qaumi and two others.

"In many ways this is just the beginning," Mr Kaldas told reporters on Thursday.

"We pretty much know what has happened with just about all of the shootings that have occurred in the last 12 months."

Middle Eastern Organised Crime Squad commander Detective Superintendent Deborah Wallace said gang members should hand themselves in to police before officers go to them.

"They know who you are," she said.

"I suggest you knock on our door before they knock on yours."

Mr Kaldas said on Thursday that police realised they needed to act quicker to curb the gang's violent activities after a shooting at Rose Bay on New Year's Day.

Qaumi, 31, was found at Bondi Beach with a bullet wound after being hit when a chartered luxury cruiser was peppered with shots at Rose Bay on January 1. He was treated at St Vincent's Hospital but discharged himself within hours.

Police allege Qaumi, also known as "the Afghan", is the head of the Brothers for Life Blacktown chapter, which has been at war with the original Bankstown chapter, with the infighting linked to shootings on Sydney's streets and a murder.

"It will be alleged he is a leader of a group and leader of a faction that has been involved in most of the shootings that have occurred in Sydney in the last three or four months," Mr Kaldas said.

Qaumi and his brother, 29-year-old Mumtaz Ahmed Qaumi, a senior gang member, were charged with firearm and drug offences on Wednesday.

The elder brother was flanked by police as he appeared in Wyong Local Court on Thursday.

They were also charged with knowingly directing the criminal activities of a group.

The brothers did not apply for bail, which was formally refused.

Masieh Amiri, 27, who was also arrested in the Wednesday crackdown, was charged with drug and gun offences and did not apply for bail when he appeared in Parramatta Local Court.

Last November police arrested 11 alleged senior members of Brothers for Life members following a shooting in 2012 and another last year.

Among them was Mohammed Hamzy, the Bankstown faction leader and cousin of Brothers for Life founder Bassam Hamzy, 34.

Police say Brothers for Life initially started as a group loyal to Bassam Hamzy, who is serving a jail term for the 1998 murder of Kris Toumazis outside a Sydney night club.

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Rudd surprised Gates remembers anything

Robert Gates' memoir contains an anecdote about a dinner he shared with former PM Kevin Rudd (pic). Source: AAP

KEVIN Rudd says he's surprised the former US defence secretary can remember anything from the night he dozed off during a long speech by the former Australian prime minister.

Robert Gates revealed in his memoir that during a 2008 visit to Australia he fell asleep at a dinner held in his honour, as Mr Rudd "began a long soliloquy on the history of Australia".

Mr Gates, who was taking medication for a broken shoulder, "should have taken up Mr Rudd's suggestion... to forget dinner and just go home to bed," Mr Rudd's spokeswoman said in a statement.

"Given the number of pain-killing drugs he was on when he arrived at the Lodge, Mr Rudd thought it was surprising Mr Gates could remember anything from the evening at all," she said.

In the memoir, Mr Gates wrote: "I had made it just past World War I when the combined effect of a painkiller, jet lag, and a glass of wine caused me to fall asleep.

"This led to not-so-subtle attempts by my American colleagues at the table to rouse me."

Mr Rudd's spokeswoman added that Mr Rudd had himself fallen asleep while foreign minister when the "body clock kicked in at the wrong time".

Mr Gates' book has also made headlines around the world for its criticisms of US President Barack Obama and Vice-President Joe Biden.

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Mystery Bali deaths haunt friends, family

Hundreds of mourners have attended a service for a Queensland mother and daughter who died in Bali. Source: AAP

SUNSHINE Coast mother and daughter Noelene and Yvana Bischoff played together and travelled together, but the mystery of how they died together in Bali lingers.

The pair died after becoming violently ill on Saturday, less than 24 hours after checking in to a beachfront resort on the holiday island.

There has been speculation they ate toxic fish and although Indonesian authorities have agreed for an autopsy to be done in Queensland, they also want to continue their investigation after finding 29 types of medication in the Bischoffs' hotel room.

A family spokeswoman, however, says the Indonesian investigation isn't expected to hold up the repatriation of the bodies for more than 48 hours.

The day before they died, the mother and daughter, 54 and 14, were seen seemingly fit and well at an elephant farm.

More than 400 mourners remembered them at a memorial service in Caloundra on Thursday, hearing that the two were inseparable from the start, when Noelene, a nurse, drove herself to hospital for Yvana's birth.

Yvana's words were heard at the service when a brief written assignment on her life was read by Noelene's cousin and principal of her Caloundra Christian College, Mark Hodges.

She talks about her love of animals and her passion to become a horse vet, but her relationship with her mother is what truly shaped her.

"My mum is my greatest hero, she made me who I am today," she wrote.

"She is amazing, simply amazing.

"She has been my biggest influence, she has taught me everything, how to talk - literally - and how to be a friend."

Their bond was demonstrated early on when, as a baby, Yvana would scream at everyone but her mother.

"She was a bit of a handful for the first couple of years and only accepted Noelene," brother-in-law Kevin Bowe said.

"She finally settled down and from there on they were the best of friends and it was a pleasure to be in their company."

Noelene was a nurse at Caloundra hospital, but avoided promotions to dedicate time to her daughter and her mother, Jean.

Colleague Linda King said that most of the staff knew Yvana, who'd call to say good morning or good night when her mother worked shifts.

Ms King said of Noelene: "She brought grace, composure and competence to the most hairy situations.

"She didn't live presuming she had time left over, she didn't, they didn't."

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Minimum wage prevents working poor: Labor

Bill Shorten says deferring minimum wage increase could lead to the creation of working poor. Source: AAP

FEDERAL Labor leader Bill Shorten says he won't support the creation of a US-style working poor in Australia, after business groups called for any minimum wage increase to be deferred this year.

The Fair Work Commission sets minimum wage increases in Australia, with workers granted a rise of $15.80 a week last June.

Industry bodies such as the Australian Chamber of Commerce and the Australian Industry Group (AiGroup) say any 2014 increase should be minimised or deferred, because business has already been hit with higher penalty rates, apprentice wages and superannuation levies.

"With employment growth very slow for most of last year and not looking all that healthy as we head into 2014, we need to avoid adding to costs," AiGroup chief executive Innes Willox told Fairfax Media.

But Mr Shorten said 1.5 million Australians relied on the minimum wage, which was part of the strong safety net to prevent an underclass of working poor.

There was a process to set the minimum wage and all parties were welcome to put their position.

"Labor does not support a working poor as we see in the United States," he told reporters in Melbourne on Thursday.

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Five homes shot at in Mackay

FIVE homes have been shot at in what appears to be an indiscriminate attack in the central Queensland city of Mackay.

Two homes on a street in Blacks Beach were fired on about 2am (AEST) Wednesday, and a short time later shots were fired at homes in nearby Rural View, Beaconsfield and North Mackay.

Mackay Acting Inspector Craig Sanderson says although investigations are in the initial stages, it's believed multiple weapons were used.

Links to drugs are also being investigated.

"Of major concern to us, obviously, is the indiscriminate nature of the actions of the offenders," he said.

"They were shooting the firearms towards houses, where it is unknown who is in that house, or it may not even be the house of the person that they were targeting."

"We are looking at all those things."

Ballistic analysis is underway to determine if the guns used were stolen.

No-one has been injured in any of the incidents.

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Probe into medication of dead mum, teen

Medication was found in the hotel room of an Australian woman and her daughter who died in Bali. Source: AAP

INDONESIAN authorities are focusing on 30 different types of medication found in the hotel room of an Australian mother and teenage daughter who died at a Bali resort.

Noelene Bischoff and Yvana Bischoff, 14, died on Saturday, a day after checking into the beachfront resort of Padang Bai in Karangasem, on the east coast of the Indonesian island.

Their bodies will be flown to Brisbane in coming days after Indonesian authorities accepted the Bischoff family's request for autopsies to be conducted by Queensland's coroner.

But authorities in Indonesia are continuing their own investigations into the pair's medical history and laboratory tests on medication and vomit taken at the scene.

Detective Superintendent Adnan Pandibu, who is leading the investigation in Indonesia, said about 30 prescription and non-prescription medications were found in a toiletries bag in the Bischoffs' room.

"From lab tests, we may find out if there's dangerous substance or not," he told AAP.

"And from medical records, we may also find if the victims suffered certain diseases and what kind of medicines they have consumed.

"From this data we would compare and at least we could determine whether the death of victims is natural or unnatural."

He said lab test results may be ready by Friday.

Bischoff family spokesman and federal MP Mal Brough says it's important not to speculate about the medication and let the investigation run its course.

"It can be very hurtful at times when no one needs to be," Mr Brough told reporters on Wednesday.

"Noelene's a nurse and she could well be just well-prepared for any contingency, going to another country.

"(That's) a sensible thing to do ... and we should all be encouraged to now just take a breath, think of the family, think of their enormous loss and respect what they're asking for, which is some room."

A memorial service will be held for the pair on Thursday morning at the Caloundra CityLife Baptist Church.

Another service organised by Yvana's school will take place after the school holidays.

Caloundra Christian College deputy principal Andrew Priaulx said Yvana was well-loved, having been a student at the school since her kindergarten days 10 years ago.

"Yvana was a delightful and bright young girl who was always happy," he told AAP.

"She put other people first and had many friends. She was well known across the school."

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WA swelters with forecasts for 50C day

THE town of Onslow in Western Australia's Pilbara has roasted through one of its hottest days on record, with temperatures soaring to an almost unbearable 48.7C.

And forecasters are warning of an even hotter day to come on Thursday, with the national heat record of 50.7C likely to come under threat.

The weather station at Onslow Airport, nearly 1400 kilometres north of Perth, was in danger of frying as it recorded temperatures of more than 40C at 9am local time on Wednesday.

It peaked at 48.7C at 2.12pm (WST).

The Bureau of Meteorology predicts the Pilbara region around Emu Creek will potentially reach more than 50C on Thursday afternoon.

Temperature higher than 50C has been documented three times in Australia since records began over a century ago.

Mardie, also in the Pilbara, was the most recent to reach the level, in 1998, failing to beat the record set in the South Australian outback town of Oodnadatta on January 2, 1960, which reached 50.7C.

Soaring temperatures in the west follow an unprecedented new-year heatwave in which 34 locations - mostly in Queensland and NSW and with at least 40 years of data - recording their hottest-ever days between December 30 and January 4.

Queensland recorded its hottest day on January 2, with a statewide average maximum of 41.82C.

Narrabri in NSW broke the record high temperature by 3.6 degrees - the largest margin by which a long-term record has been topped.

And cities and towns including Tamworth, Gunnedah, Moree, Glen Innes and Inverell in NSW, and Toowoomba, Roma, Blackall, St George and Gympie in Queensland all experienced their hottest-ever days.

The heat in the Pilbara is caused by the super-heated air mass that hit the east coast earlier in the month, and which has circled the continent since forming over the Nullarbor in late December.

The bureau's Annual Climate Statement from 2013 confirmed last year was Australia's hottest on record.

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Fund public transport, Labor tells Abbott

Labor says the PM has made a "strategic mistake" by eschewing federal funding public transport. Source: AAP

LABOR says Prime Minister Tony Abbott has made a "strategic mistake" by eschewing federal funding for public transport, after a report calling for a better balance with private car use.

The Infrastructure Australia report says there is a need for equilibrium and a "system-wide focus" when it comes to urban transport.

The federal infrastructure body said the "right balance" between car use and public transport was key to tackling issues such as road congestion, and its impacts on travel time and freight.

IA's Urban Transport Strategy was seized on by Labor's transport spokesman, Anthony Albanese, who said the government's opposition to federal funding of commuter rail had to be reassessed.

"It's time for the Abbott government to recognise that they've made a strategic mistake in saying that public transport is off-limits," he told reporters in Canberra.

The government's approach ensures that public transport suffers and that roads are not as efficient because they are more congested, he said.

The former Labor government's last budget pledged almost $4 billion to two rail projects, the Cross River Rail in Brisbane and the Melbourne Metro.

However, Mr Abbott has said the coalition won't match the funding and is focusing instead on road projects such as Melbourne's East West Link and Sydney's WestConnex.

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SA ex-funeral director charged with fraud

A FORMER funeral director has been arrested for allegedly submitting fraudulent funeral bond claims to insurers.

The 45-year-old man, who has been charged with 119 counts of fraud, has been granted bail to appear in Adelaide magistrates court on March 3.

Police allege that the man arranged prepaid funeral bonds on behalf of clients between 2008 and 2013.

He then allegedly submitted fraudulent funeral bond claims to insurers, falsely claiming that the policy holder clients had died.

Police have advised people who are concerned about their prepaid funeral bonds to contact their funeral director, insurer or the Funeral Directors Association for further advice.

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Aust trade deficit narrows as exports grow

Australia's trade balance stayed in the red in November, with a deficit of $118 million. Source: AAP

AUSTRALIA'S international trade deficit has narrowed for the fourth consecutive month and strengthening resources exports are expected to support a shift back to surplus.

The deficit on goods and services was $118 million in November, down from October's deficit of $358 million, the Australian Bureau of Statistics said on Tuesday.

It also was better than the $300 million deficit economists had expected.

During the month, exports were flat, while imports were down one per cent.

The decline in the value of imports helped narrow the deficit, ANZ economist Dylan Eades said.

The figures also showed a small increase in rural goods and resources exports, he said.

"What we have seen in the last six to nine months is that exports, particularly iron ore, are beginning to pick up," Mr Eades said.

"All of that investment that we've seen from Rio Tinto and BHP Billiton and Fortescue, we are beginning to see those projects come to completion and we are seeing them move into the production phase. So, as a result, we are starting to see quite a strong volumes increase.

"Metal ores exports are around 40 per cent higher over the past year and we expect that to continue. We're expecting iron ore export volumes to rise from around 570 million tonnes in 2013 to about 620 million tonnes in 2014 and 680 million tonnes in 2015.

"We would be expecting a continued improvement in the trade balance over the next few months."

The data highlighted Australia's dependence on China, CommSec chief economist Craig James said.

"Australia's annual exports to China totalled over $92 billion, so it will be truly staggering just how much income will be generated from our largest trading partner when all the major resource projects are operating at full capacity," Mr James said.

"Annual exports to China equate to $4,000 for every Aussie man, woman and child.

"Despite the mountain of export revenue being generated from China, Australia's trade accounts are still in the red, rather than the black... That situation should be corrected when all the key LNG facilities are up and running over the next few years."

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Indonesia warns anew on boat turnbacks

INDONESIA has again warned the federal government against asylum-seeker turnbacks following reports the Australian Navy secretly turned around at least one boat in recent weeks.

Reports from Indonesia and Australia say an Ashmore Island-bound boat was turned back either in December or on Monday - or possibly on both occasions - and subsequently became stranded on Rote Island, near West Timor.

The Indonesian reports quoted local police, while Fairfax Media cited unnamed Australian Defence sources and the Indonesian water police.

Immigration Minister Scott Morrison would not comment on the conflicting reports for "operational security reasons", despite the coalition having a pre-election policy to turn boats back when safe.

Indonesian Foreign Minister Marty Natalegawa also refused to comment on the specifics when asked about the reports on Tuesday.

"But as a policy, I shall repeat this once again: Indonesia rejects and is against the policy of boat turnbacks because it's not a solution," he told reporters in Jakarta, speaking in Indonesian.

Agus Barnas, a spokesman for Indonesia's Coordinating Ministry for Politics, Law and Security - which has responsibility for people smuggling - said he was unaware of any turnbacks.

He said Indonesia was still observing a moratorium on co-operating with Australia on people-smuggling after last year's spying scandal.

"So far, there's no policy that the co-operation would resume," Mr Barnas said.

"The talk on forming a code of conduct is still in process."

Speculation about possible boat turnbacks follows a stand-off in November when Australia tried to force a vessel back into Indonesian waters.

The Abbott government backed down after Indonesia refused to accept the asylum seekers, who were eventually transferred to Christmas Island.

Mr Morrison says that Australia respects Indonesia's territorial sovereignty "and will continue to do so".

"It is not the policy or practice of the Australian government to violate Indonesian territorial sovereignty," he said in a statement on Tuesday.

Dr Natalegawa said Indonesia's relationship with Australia was still in a "difficult phase" in the wake of the spying revelations.

But he said he was in daily contact with Foreign Minister Julie Bishop in an effort to repair the damage.

"What's needed is a gradual process of restoration of confidence or trust, and this is where we are just now," he said.

The Greens want Mr Morrison to provide details of any turnback operation, saying the lives of asylum seekers could have been endangered.

"These people could have drowned," Senator Sarah Hanson-Young said.

"How many other boats has this occurred to that we've never heard about?"

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New bushfire threat to Stradbroke homes

WATER-BOMBING helicopters and fire crews are battling a large bushfire heading for homes on North Stradbroke Island, off Brisbane.

The blaze, fanned by strong winds, is burning at Brown Lake and is heading towards Myora Springs.

At 5.30pm (AEST), the Queensland Fire and Emergency Service issued another alert saying they expected the fire to reach Myora Springs within two hours.

"This fire is moving quickly and spot fires may occur ahead of the fire front and embers are also being thrown from the fire," the alert said.

"Residents are strongly advised to be prepared to relocate to a safer area if required."

There are three properties in the area, according to the Department of Community Safety.

The blaze was started by a lightning strike nine days ago.

No homes have been affected so but the fire prompted the evacuation of about 900 campers on New Year's Day.

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Aust govt urged to act on whale killings

The anti-whaling group Sea Shepherd says it has evidence of whale kills by the Japanese. Source: AAP

ANTI-WHALING group Sea Shepherd is urging the Australian government to take action to stop the Japanese whale hunt in protected Antarctic waters.

As the whaling season gets under way, the Sea Shepherd is pursuing Japan's five vessels in the Southern Ocean to disrupt and shut down their operations.

The conservation group has obtained footage of three dead minke whales, a protected species, on the deck of the Nisshin Maru, and a fourth whale, also believed to be a minke, being butchered on the ship.

Bob Brown, Sea Shepherd Australia chairman, says the group will run a peaceful but relentless campaign to defend the whales.

He urged the federal government to step in and send a customs vessel to police the activity.

"I've now written to the minister for the environment, Greg Hunt, asking him what action he's taken because he said he would intervene on this but there's little sign of that," he told AAP.

"The pictures speak for themselves. It's a bloody outrage."

The Abbott government made an election promise to send a customs vessel to monitor Japanese whalers in Antarctica, but after the election promised only a plane to observe protesters and whalers in the Southern Ocean.

But Dr Brown said there is no sign of even that.

"The Australian government have effectively said to its fleet, 'don't intervene on this crime', that's the problem here," he said.

"They're Australian whales, effectively, and they're been slaughtered, illegally."

Sea Shepherd has three ships in Antarctic waters to confront the Japanese in the Southern Ocean Whale Sanctuary, where commercial whaling is banned.

The federal court ruled Japan's hunt illegal in 2008 and issued an injunction against it.

But Dr Brown says Australian governments have failed to act on the ruling.

Last June, the New Zealand government joined the Australian government's challenge to the legality of Japan's whale hunt in the Southern Ocean Whale Sanctuary at the International Court of Justice, but a judgment has yet to be delivered.

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Man hit and killed by train in Melbourne

A man was crossing railway tracks in Melbourne's southeast when he was fatally hit by a train. Source: AAP

A MAN has been struck and killed by a train in Melbourne's southeast.

Police say it appears the man was crossing the tracks at Aspendale, about 200 metres south of the station, when he was hit just before 11.30am (AEDT) on Monday.

The man's age and identity have not been confirmed.

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Senior lawyer says SA's courts the worst

A SOUTH Australian barrister says the state's courts are the worst in the country.

David Edwardson, QC, says chronic under-resourcing means that victims and offenders must wait longer for overworked judges to deliver justice.

"Our courts are the worst in the country, we are completely under-resourced and there are not enough courtrooms or judges ... it's that simple," he told the Adelaide Advertiser on Monday.

"Our courts are falling apart - they are just a joke - and their condition is very, very poor.

"To be brutally frank, it really is no more than a reflection of the government's pathological hatred of the legal profession and refusal to properly resource the courts."

Morry Bailes, president of the Law Society of South Australia, said there had been a chronic under-funding of the law in South Australia for some time.

He said the state does not have its full quota of judges, and even if it did the argument might be that it didn't have enough.

"Its probably the District Court where we're noticing the cracks beginning to appear," he told ABC radio.

Mr Bailes said there had been a significant increase in the number of criminal matters coming before the District Court in recent years with no corresponding increase in the number of judges, which meant that more cases were being delayed.

In Western Australia, he said, the wait for a District Court trial was about six to eight weeks, but in South Australia it could be a year to two years.

But acting Attorney-General Jack Snelling said the solution to any problem was not just "throwing more money at it".

"The answer is to make sure our legal system works as efficiently as possible to make sure cases are heard as quickly as possible," he said.

Opposition justice spokesman Stephen Wade said the government needed to stop blaming others for the issues and engage more positively with the legal profession and the courts.

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NSW parliament siege man refused bail

The man at the centre of a siege outside the NSW parliament has been refused bail. Source: AAP

A FORMER taxi driver charged over a two-hour siege outside NSW parliament has been refused bail, with a magistrate citing the need to protect the community.

Abdula Ganiji, 58, appeared via video link before Central Local Court on Monday charged over the incident on December 20.

The Wollongong man caused a lockdown of Macquarie Street in Sydney's inner city when he drove his car on to the footpath outside parliament and allegedly made a number of threats.

A two-litre fruit juice container, fuel and a cigarette lighter were allegedly found after a dozen tactical officers swarmed his car, fired a canister of gas inside and dragged him into custody.

He was charged with threatening sabotage, possessing an explosive device to damage property, and threatening to destroy or damage property.

Police prosecutor Sergeant Ross Mitchell said the charges against Ganiji were of the "utmost seriousness".

"It's an amateurish thing he's done, but there's been some forethought and some planning," he said.

The prosecution also put forward a fresh allegation that Ganiji had more than one container and a total of 40 litres of fuel when he was arrested.

However, Ganiji's barrister, Jane Healey, said her client had been assessed by a psychiatrist and posed no risk to the community.

She said only a small amount of fuel was discovered after the incident and he "did not have the capacity to destroy parliament house".

"This accused has no prior criminal record despite his history of lawful protests," she said.

"The threat posed by this individual were he to be released on bail is almost negligible."

In a report tendered to court, Ganiji's psychiatrist said his patient had thoughts of dying by burning himself or by hunger strike, and although he posed a risk to himself, he was not a danger to others.

But magistrate Les Mabbutt said he could not be sure of that view and he refused bail, citing the seriousness of the charges and the need to protect the community.

After the decision was handed down, Ms Healey, on behalf of her client, put in a plea of not guilty to the charge of threatening sabotage.

The matter will return to court on January 20.

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