AUSNCP 23/1/26

Dear Ms Stevens

Thank you for your response.

I will await the specified date of 6 February, or having received comments from every party, before I review these and make any changes to the statement (per paragraph 67 of the AusNCP Procedures).

The usual process for comments on a draft statement is for parties to identify any inaccuracies or misunderstandings in the draft statement, rather than introducing new information or changed positions. The AusNCP Procedures have a ‘procedural fairness’ requirement (in paragraphs 92 & 93). This emphasises that ‘information that cannot be shared between the parties in some form will not be able to form part of the examiner’s consideration’.Please can you let me know whether, as part of my process and consideration, I can summarise to the companies what you explained in your 19 January email?

This approach also applies to the companies. That is – if they provide me further information necessary for my consideration of this complaint, I will ensure that is also shared with you in some form (per paragraph 93).

In the meantime, I reiterate the opportunity (by 6 February) for you to inform me if you consider there are any inaccuracies or misunderstandings in the draft statement.

Best

John Southalan — Independent Examiner

Australian National Contact Point for Responsible Business Conduct

+61 2 6263 4410  | john.southalan@ausncp.gov.au  | ausncp.gov.au

Reply 23/1/26

Dear Mr Southalan,

Thank you for your email and for clarifying the applicable process.

I confirm my consent for you to summarise the substance of my 19 January email to the companies, and for that summary to form part of your consideration.

For clarity, I ask that any summary shared with the companies expressly include my status under the Geneva Conventions Additional Protocol I, including Article 77. This is not new information or a changed position, but a matter of legal status arising at birth on 14 November 1974, and is necessary to avoid misunderstanding of the applicable international legal framework.

I also wish to clarify the timing and status of the UN Special Rapporteur material referenced, to ensure the public record is accurately reflected.

The UN Special Rapporteur on toxics and human rights’ report, published on 16 July 2025, and the associated OHCHR press release of 23 October 2025, were publicly available and authoritative UN material relevant to toxic remnants of war and intergenerational harm, and formed part of the applicable international context from the date of their publication.

Accordingly, my reference to this material is not the introduction of new information, but a clarification that relevant, publicly available UN findings were already in existence at the time of examination and should not be treated as subsequent or extraneous.

I will separately advise, by 6 February, of any specific inaccuracies or misunderstandings I identify in the draft statement.

Warm Agent Orange Burns regards,

Danielle Stevens

AP1 Article 77 Protected Person

We will always be a child of a Vietnam Veteran

https://agentorangechild.wixsite.com/agent-orange-child

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