CONSTITUTION (RECOGNITION OF ABORIGINAL PEOPLES) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 19 February 2013.)

Mr GARDNER (Morialta) (12:01): It is with pleasure that I resume the comments that I commenced last night. Those of you who were watching would already know this, but for other members I was in the process of discussing the nature of the apology to the stolen generation that took place some five years ago, sponsored by Kevin Rudd and Brendan Nelson, and I was expressing my disappointment that it was a matter that had not been undertaken by former prime minister Howard. Former prime minister Howard did have a very sincere commitment to our Indigenous communities in Australia, but preferred a policy of what he termed 'practical reconciliation', with a focus on health, education, justice and other initiatives.

There is a long way to go in all of those and they are important issues. As the member for Heysen pointed out last night, we must not take our eye off the ball on those issues just because we are now focusing on an important issue of symbolism, but I did disagree with the former prime minister at the time (as I think he was wrong now) in that symbols are important as well. The member for Kaurna last night talked about his pride in representing an electorate called Kaurna, and I can say for myself representing an area called Morialta, we have a symbol there of Kaurna heritage in the word 'Morialta', which comes from 'mori' meaning 'eastern' and 'yertala' meaning 'water' in the Kaurna language.

The symbols in and of themselves go towards reconciliation in that our community takes into account a deeper understanding of our first peoples and our first nations who had the ongoing spiritual and personal connection with the lands and waters of the country that we now all share. Walking forward together, the symbols that we can improve can help us in a very practical way, and indeed in a symbolic way, as we try to work to achieve reconciliation.

One would hope that our community will feel encouraged in developing better and new strategies and, as the member for Giles I think identified in her comments last night, in realising the importance of listening to the communities, because they are the experts in areas such as education, health and justice. They know more than anybody where the gaps are and through our symbols, as we recognise the importance of our Aboriginal peoples to our history, hopefully the whole community can walk forward together in addressing those issues.

In terms of the Liberal Party's position at a federal level—because I think it is impossible to separate the issues that we confront on reconciliation in South Australia from our national approach to reconciliation—I do want to place on the record some of the words of Tony Abbott on 13 February in addressing the Aboriginal and Torres Strait Islander Peoples Recognition Bill in the federal parliament, because I think it is a good summation of where the Liberal Party is and they are words that would not be walked away from by people on any side of the chamber. Tony Abbott said on 13 February:

Australia is a blessed country. Our climate, our land, our people, our institutions rightly make us the envy of the earth, except for one thing—we have never fully made peace with the First Australians. This is the stain on our soul that Prime Minister Keating so movingly evoked at Redfern 21 years ago. We have to acknowledge that pre-1788 this land was as Aboriginal then as it is Australian now. Until we have acknowledged that we will be an incomplete nation and a torn people.

Tony Abbott went on to say:

In short, we need to atone for the omissions and for the hardness of heart of our forebears to enable us all to embrace the future as a united people.

I think those words were very appropriate for that bill but also, in reflection, on the bill before the house today. The text of the bill identifies it particularly as a symbolic bill. In fact, the third clause of the bill specifically identifies that the bill will not have any legal force or effect.

I note that the Premier, in discussing this in his second reading contribution, said that it was necessary to avoid this important step of formally recognising Aboriginal peoples in the constitution from becoming subject to a series of technical legal debates and objections. The opposition is supporting the bill on that basis, as a symbolic document, that our constitution will recognise that the settlement of South Australia by British colonists, as is stated in the bill:

...occurred without proper and effective recognition, consultation or authorisation of Aboriginal peoples of South Australia.

(2) Following the Apology given on 28 May 1997, the Parliament...—

(a) acknowledges and respects Aboriginal peoples as the State's first peoples and nations; and

(b) recognises Aboriginal peoples as traditional owners and occupants of land and waters in South Australia and that—

(i) their spiritual, social, cultural and economic practices come from their traditional lands and waters; and

(ii) they maintain their cultural and heritage beliefs, languages and laws which are of ongoing importance; and

(iii) they have made and continue to make a unique and irreplaceable contribution to the State; and

(c) acknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters.

I want to add to those of other speakers my thanks to the advisory committee that was so important in formulating that language: Professor Peter Buckskin, Ms Khatija Thomas, Ms Shirley Peisley, the Hon. John von Doussa and the Hon. Robyn Layton. As others have, I think they did a very good job of work on this matter and their consultation with a wide range of people was good.

I will not take any more of the house's time other than to commend the bill to the house. I am pleased to support this wholeheartedly as I said last night, and I look forward to what I think will be its unanimous support by both houses of the parliament.

The Hon. P. CAICA (Colton) (12:07): I very proudly stand today to speak briefly about, and in support of, this bill. What I would say is that it was quite clear in this state's founding documents that we had a responsibility at that time to ensure that the interests of Aboriginal people were safeguarded and history has shown that there have been many great wrongs since that time. I am pleased that the bill acknowledges that Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters. This bill is about righting a historical wrong by inserting into our constitution recognition of our first peoples and nations of this particular state.

One of the proudest jobs that I have had the honour of being provided with was to be this state's minister for aboriginal affairs and reconciliation. During that time, I would like to think that I developed a good working relationship with many Aboriginal people across this state, but it never ceases to amaze me that, since the founding of this state in 1836, we have seen some awful things that have occurred to Aboriginal people in this state. This is not going to remedy that but it is going to be another bridge towards reconciliation and recognition of our first peoples. To a certain extent, it seems to me to be very long overdue, if we consider when Dean Brown issued the apology in this parliament—in 1997, I am told—and it has taken so long to get to where we are today.

Interestingly, when I first became minister for Aboriginal affairs and reconciliation the Premier sent off a little letter to all the ministers stating, 'This is what I want you to pursue.' The letter I received was to progress constitutional recognition and, of course, you always do what the Premier tells you to do, but I very much embraced that and wanted to pursue it.

I am very pleased that cabinet acknowledged the establishment of the expert advisory panel. I thank those members for their role and contribution in providing to cabinet a document for its consideration that is now before us in this chamber. The panel did a very good job, and it was not by chance that those people were selected. Their names have been mentioned numerous times in other contributions so I will not repeat them, but I pass on my gratitude and thank them for the work they have undertaken.

I am also very pleased that this bill has bipartisan support, as it should, and also that we are doing something that is critically important to Aboriginal people. I think there was a contribution made by my friend the member for Kaurna last night talking about some people's view of symbolism. Of course, it is symbolic, but it also has meaning, and sometimes people do not distinguish the difference between something that they say is symbolic and the fact that it is important and has meaning for people.

Another colleague of mine once said, 'If we look at symbolism, look at the Aboriginal round they have in football each year—the Indigenous round—and how important that is to Aboriginal people.' Some people might say that is purely symbolism, but it means something not to only Aboriginal people but indeed to all Australian followers of football.

So, this is a very important bill; it is long overdue, and I am very pleased be standing before the house today in support of it. I would also say that through the consultation period there was a view expressed by some people—and my friends from down south, the Ngarrindjeri, believe that the letters patent ought to be resolved as a priority, as opposed to constitutional recognition. I am paraphrasing this now, but their level of support is not as high as it might be because of that outstanding issue. Of course, this was constructed in such a way (as the member for Morialta said) that it was not to bestow or take away any legal right. I had some discussions with my friends from down south to say, 'This will only affect your pursuit of letters patent if you let it. It has no bearing on that and they are two matters that can run parallel to each other.'

The point I want to make is that I think it is long overdue for the government to have a proper discussion with Aboriginal people about the letters patent. Certainly, I believe that letters patent can be pursued in such a way that it does not open the floodgates with respect to anyone's concern about what might be compensation, if you like. Those matters can be dealt with under native title and do not necessarily have to be achieved by or through letters patent. However, I think it is time for a mature debate with Aboriginal people about letters patent to deal with that issue. This debate may well be a stepping stone towards that in its own right.

I want to conclude by saying that many people focus on some of the difficulties and problems associated with Aboriginal communities and Aboriginal people within those communities. However, during my time as Aboriginal affairs minister I saw many positive things as well. Last week, I went to the academic assembly for St Michael's College in my electorate and saw some of the young people who achieved amazing TER scores in the exams at the end of last year. One of them was a young woman named Lakkari Rigney, who happens to be the daughter of Daryle Rigney. I think she scored a TER of 97.8 or thereabouts, with five As—five awards.

There are so many good things being undertaken and achievements being made by Aboriginal people that sometimes we focus on other things without necessarily focusing on the positive things that are happening. That is not to say that there is not a long way to go, and not a lot of work to be done, to address the disadvantages and injustices that have occurred in the past and are still occurring. But, at the same time, I think we are building a very strong cohort of articulate, intelligent Aboriginal people who, if they are not already, are going to be leaders in their own right for Aboriginal people and the path to ongoing reconciliation, and in addressing those disadvantages and hardships that we know exist.

We have a collective responsibility, not just as members of parliament here, but as representatives of our community and the broader community, to address those particular issues. I am very pleased to be able to talk to this bill today. I want to thank everyone for the contributions they have made. As I said, I think it is long overdue, but I am certainly pleased that we are here today to debate a bill that is going to get unanimous support in this house and, I expect, in the other place.

Debate adjourned on motion of Mr Gardner.