Josh Zimmerman: Botched Aboriginal Cultural Heritage Act to blame for Labor’s self-inflicted crisis

A much-needed wake-up call. That was how multiple senior Labor figures described the surprise result of an Utting Research poll that placed the WA Liberals on track to form government in 2025. While some questioned the accuracy of the headline result — 54-46 in favour of Libby Mettam’s seemingly resurgent Liberals — no one disputed the trend. It is clear support for Labor has eroded substantially in the less than two months since Roger Cook was installed as premier following the shock exit of the still immensely popular Mark McGowan. The circumstances mean Cook has enjoyed none of the honeymoon period usually afforded a new leader following an election victory. Instead, he has bypassed the frying pan and finds himself in the midst of a raging inferno. The source of the blaze is the Government’s handling of controversial new Aboriginal heritage laws, which were on Monday consistently raised as a major source of frustration within Labor ranks. Poor planning and implementation, a communication plan that has given rise to widespread confusion and a stubborn refusal to meaningfully change course on the legislation were all highlighted as contributing to the self-inflicted crisis. Upper House MP Darren West — who to his credit has fronted multiple forums organised to discuss the new heritage regime with farmers — told one such meeting on Monday his party had “botched the messaging”. “We’re going to roll out a lot more information over the next few months,” he said. The Utting poll of 1000 West Australians found 57 per cent disapproved of the refreshed heritage laws with just 23 per cent in favour of the regime, supporting the view the laws were turning voters against Labor. Backbench MPs in outer metropolitan and peri-urban seats — where there are a higher concentration of properties larger than 1100sqm and therefore exposed to the heritage laws — have been at the forefront of the backlash, with the issue driving constituents into their electorate offices. Multiple senior party figures predicted major concessions to those heritage laws were now increasingly likely. They also said the poll result was a necessary jolt for some Labor MPs who had been accustomed to coasting on McGowan’s popularity and now had a much greater appreciation of effort they needed to put into their own electorates to ensure their survival beyond 2025. One source said the Government’s decision to rush the Aboriginal Cultural Heritage Act through Parliament in a matter of days in late 2021 had proved a major misstep. Not only did the Bill escape the scrutiny it deserved — which likely would have resulted in improvements — the Opposition can now effectively argue that while they voted in favour of the laws, their hand was forced because they were denied adequate time to digest the legislation. Mettam — who refused to buy into the polling, saying her party could not afford any distractions — is nonetheless a clear winner from the result. She used the opportunity to front reporters at the Rockingham by-election early voting centre to drive home her advantage, framing the result as West Australians punishing the Government for its tin ear on the heritage laws. “WA Labor are missing in action. We’ve seen more of Mark McGowan than Tony Buti in the last seven days. Given the issues around the cultural heritage act, I find that extraordinary,” Mettam said. A significant swing against Labor at this weekend’s by-election would further justify Mettam’s move to topple David Honey at the start of the year and provide some momentum for the return of Parliament next month. Other Liberal sources said the polling reflected a growing belief there were “green shoots” for the party following McGowan’s resignation. That growing belief was expected to accelerate the return of donors who had deserted the Liberals for years — and make it far easier to attract high-quality candidates for the 2025 contest. With 20 months to go before the next election, there is more than enough time for Labor to get back on track — but only if Cook and his party heed the message they have just been sent.