House of Assembly: Thursday, October 15, 2009

Contents

APY LANDS

Dr McFETRIDGE (Morphett) (15:35): Today a press release was put out by the Anangu Pitjantjatjara Yankunytjatjara about permits on the land. The press release states:

APY has asked the State government to amend Section 43 of the APY Land Rights Act to allow APY to make by-laws that would enable changes to the permit system and to prevent abuse of Aboriginal people through the obnoxious practice of bullying rent out of them for houses owned by the APY, which should go to R&M [repairs and maintenance], and kicking them out of houses if they don't comply.

This would allow positive changes to be made in a flexible way, through negotiation with the government as opposed to the drama of amending the APY Land Rights Act again.

APY Chairperson Bernard Singer said 'APY has received written advice from a Victorian QC that amendments to the Act without APY's consent would be invalid for constitutional reasons. So we need to obtain Anangu support for the changes we need to make.'

In a press released dated 16 June 2009 Mr Singer announced his proposal to seek the consent of Anangu to remove permits on public roads and public places in communities. The proposal to dedicate roads is not new. In an article in The Australian on 29 December 2008 the proposal was revealed.

'We recently concluded a Housing MOU with Minister Rankine which, for the first time, contains government commitments to look at the feasibility of housing on homelands and very importantly Anangu individual ownership of houses in communities and through community title group, ownership of homelands.' Mr Singer said.

'For Aboriginal ownership to have value we need public roads and with public roads we can look forward to a higher standard of maintenance' added Mr Singer.

The by-law making power sought will give APY the ability to act quickly with the agreement of government, if Anangu consent can be obtained. Lands-wide consultations are planned for late November in relation to this and other vital issues.

Obtaining consent of Anangu is vital to avoid invalidity. The QC legal advice is from a recently retired Federal Court judge who has been described by Minister Weatherill, in a letter to Mr Singer, as a very eminent lawyer whose opinions are well regarded by the minister.

For further information, they can contact Mr Ken Newman, General Manager of the APY.

I also add to what the minister said and express the deep sympathy of the opposition over the recent death of Mrs Kunmanara Wilson. Mrs Wilson was a well respected Aboriginal elder. She was a senior law woman and, as the minister said, was sought after for her very well respected powers as an Ngangkari or healer. I note that Ngangkari are working in Adelaide and assisting as allied health workers. I do not think Mrs Wilson was doing that, but certainly her influence both in Aboriginal communities and government is one that goes back many years and is one that will be deeply missed.

Over the years, Mrs Wilson was pivotal in the formation of the Pitjantjatjara Council, the Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women's Council and the Alukura, a women's health and birthing unit in Alice Springs. She played a significant role in improving the lives of Aboriginal Australians. She will be missed both in the Aboriginal community and certainly by all those who knew her.

I did not have the pleasure of meeting Mrs Wilson, but I know that her influence in the Aboriginal communities was very powerful and she, like other well respected Aboriginal leaders and representatives of Aboriginal groups like Professor Lowitja O'Donoghue, has contributed in a very big way and will be sadly missed. We do express our sympathy to her and the Aboriginal communities of the APY lands.