Legislative Council: Thursday, June 05, 2008

Contents

APY LANDS

The Hon. R.D. LAWSON (15:03): I seek leave to make a brief explanation before asking the Minister for Emergency Services, representing the Minister for Aboriginal Affairs, a question on the subject of entry onto the APY lands.

Leave granted.

The Hon. R.D. LAWSON: I refer to the deeply disturbing news that a member of the staff of the Premier's department has been entering the APY lands, despite the fact that her entry permit to do so has expired. When the Premier abolished the Department for Aboriginal Affairs and moved that department's responsibilities into his own department and appointed Ms Jos Mazel as his executive director (thereby displacing the respected Peter Buckskin from office), concern was expressed on the lands about the attendance of public servants thereon.

The practice under this government and preceding governments has always been that public servants obtain the relevant entry permit from the APY executive when attending the lands. Now it appears that the duly-elected executive of the Anangu Pitjantjatjara has not renewed Ms Mazel's permit, and yet she is still attending on the lands, contrary to the wishes of the duly-elected body.

In an interview yesterday with ABC Radio, the Premier said, 'The law is very clear: public servants don't need a permit.' In fact, section 18 of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act provides that persons who are public servants entering the land for the purpose of carrying out functions assigned to a minister or instrumentality of the Crown, or an administrative unit of the Public Service, must have the written authority of their minister to do so. My questions are:

1. Is it a fact that Ms Mazel does not hold, or did not hold at the time she was entering the lands, a written authority from the minister appointing her?

2. If she did hold such a permit, why did she not disclose that fact to the APY executive?

3. Has the government now abandoned the practice followed for many years that public servants attending on the lands would do so in compliance with not only the spirit but also the letter of the land rights act?

The Hon. CARMEL ZOLLO (Minister for Emergency Services, Minister for Correctional Services, Minister for Road Safety, Minister Assisting the Minister for Multicultural Affairs) (15:06): I will refer the honourable member's question to the Minister for Aboriginal Affairs in the other place. I am certain that he will provide a response in relation to the circumstances that led to the visit without a permit, if that was actually the case.