<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2013-09-24" />
  <sessionName>Fifty-Second Parliament, Second Session (52-2)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="4993" />
  <endPage num="5031" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>APY Lands, Dispute Resolution</name>
      <text id="20130924f011d0b4dc2942ba90000223">
        <heading>APY LANDS, DISPUTE RESOLUTION</heading>
      </text>
      <talker role="member" id="4363" kind="question">
        <name>The Hon. T.A. FRANKS</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2013-09-24">
            <name>APY LANDS, DISPUTE RESOLUTION</name>
          </question>
        </questions>
        <startTime time="2013-09-24T15:30:00" />
        <text id="20130924f011d0b4dc2942ba90000224">
          <timeStamp time="2013-09-24T15:30:00" />
          <by role="member" id="4363">The Hon. T.A. FRANKS (15:30):</by>  I seek leave to make a brief explanation before asking the Minister for Aboriginal Affairs and Reconciliation a question regarding dispute resolution on the APY and Maralinga Tjarutja lands.</text>
        <text id="20130924f011d0b4dc2942ba90000225">Leave granted.</text>
      </talker>
      <talker role="member" id="4363" kind="question" continued="true">
        <name>The Hon. T.A. FRANKS</name>
        <house>Legislative Council</house>
        <page num="5006" />
        <text id="20130924f011d0b4dc2942ba90000226">
          <by role="member" id="4363">The Hon. T.A. FRANKS:</by>  As the minister is aware, under the provisions of the APY Land Rights Act 1981, every traditional owner of the APY lands should be able to appeal to a government appointed conciliator if they are unhappy with the decision or action of the APY Executive. Similarly, under the Maralinga Tjarutja Land Rights Act 1984, disputes shall be resolved by what is called a 'tribal assessor' playing that same role of conciliator.</text>
        <text id="20130924f011d0b4dc2942ba90000227">Accordingly, in September 2008 the then state minister for Aboriginal affairs and reconciliation appointed a panel of three conciliators under the APY Land Rights Act 1981. They were Mr Adrian Dangerfield, Mr Chris Vass and Mr Garry Hiskey. Each conciliator was appointed for a three-year term. Those appointments expired in June 2010. They have not been renewed or, indeed, replaced.</text>
        <text id="20130924f011d0b4dc2942ba90000228">At the time of those appointments, information was provided about dispute resolution processes to Anangu. It stated that any Anangu person who wanted to make an appeal to the conciliators could do so by sending a fax to a given number—(08) 8226 8999. On receiving the fax, the panel members would decide among themselves who should hear that appeal. In light of those 2008 appointments for APY lands dispute resolution, the <term>Paper Tracker</term> then wrote to the then minister for Aboriginal affairs and reconciliation seeking information on the appointment of the tribal assessor under the relevant Maralinga Tjarutja act.</text>
        <text id="20130924f011d0b4dc2942ba90000229">On 16 December 2008, the then minister replied in correspondence that, 'There is nobody appointed as a tribal assessor…as there are no matters requiring that type of intervention at this time.' Since then no new appointments have been made for APY nor to my understanding for the Maralinga areas. My questions are:</text>
        <text id="20130924f011d0b4dc2942ba90000230">1.&amp;#x9;In the absence of either a conciliator or a tribal assessor, as required under those relevant acts, are you as minister confident that no traditional owner has ever had any relevant dispute requiring resolution under the term of your ministry?</text>
        <text id="20130924f011d0b4dc2942ba90000231">2.&amp;#x9;If not, why have you as the current minister failed in your duty to provide this important conflict resolution option?</text>
        <text id="20130924f011d0b4dc2942ba90000232">3.&amp;#x9;If so, how do you as minister now propose to respond to the concerns of traditional owners regarding the APY Executive as reported in today's <term>Australian</term> newspaper and, to my understanding, previously raised with you as minister?</text>
      </talker>
      <talker role="member" id="3122" kind="answer">
        <name>The Hon. I.K. HUNTER</name>
        <house>Legislative Council</house>
        <electorate id="">Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation</electorate>
        <startTime time="2013-09-24T15:33:00" />
        <text id="20130924f011d0b4dc2942ba90000233">
          <timeStamp time="2013-09-24T15:33:00" />
          <by role="member" id="3122">The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (15:33):</by>  I don't really thank the honourable member for this pathetic question because it really is in the same mould as the Hon. Mr Ridgway's pathetic question earlier—based on inaccurate information; false and misleading information. If the honourable member wanted to ask me at any time what I am doing about this process, I would have told her, as I am going to tell her now, I am currently in the process of appointing a conciliation panel right this very minute.</text>
      </talker>
      <talker role="member" id="1822">
        <name>The President</name>
        <house>Legislative Council</house>
        <text id="20130924f011d0b4dc2942ba90000234">
          <by role="member" id="1822">The PRESIDENT:</by>  Supplementary, the Hon. Ms Franks.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>