Legislative Council: Thursday, November 19, 2015

Contents

Stolen Generations Reparations Scheme

The Hon. T.J. STEPHENS (15:17): I seek leave to make a brief explanation before asking the Minister for Aboriginal Affairs and Reconciliation questions about the stolen generations scheme.

Leave granted.

The Hon. T.J. STEPHENS: I too join my leader, Steven Marshall MP, in welcoming action on the compensation to stolen generations. Also, like my leader, I'm a little disappointed that it has taken so long to get to this particular point. Given the minister has provided a ministerial statement with some brief details, can the minister tell the house:

1. Why has this scheme taken so long to be finalised?

2. Which budget, or where are the funds sourced from to fund the scheme?

3. How many members of the stolen generations has the minister estimated will be eligible to claim in South Australia?

The Hon. K.J. MAHER (Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Aboriginal Affairs and Reconciliation) (15:18): I thank the honourable member for his question and his longstanding interest in this matter, both in this chamber and on the Aboriginal Lands Parliamentary Standing Committee. I'm sure he will remind me if I haven't answered all of his questions in this answer, but I think the first question was the length of time taken to implement this scheme. I think we were determined to make sure we got this scheme right and were not guided by some artificial time limit on doing it. I know there are many aspects of this scheme, and there was a lot of consultation and a lot of different views about how such a scheme should operate.

Individual reparations are important but certainly haven't been the only thing or, as I said earlier, even the main thing many people have talked about. A community reparations aspect, which I think is unique of any scheme that's been introduced or proposed around Australia, I think has been something a lot of people have been calling for. Of course, things should be done as quickly as possible, but I am pleased that this scheme addresses a lot of the concerns that people have certainly raised with me over the last nine months when I've been talking to members of the stolen generations.

In terms of budget lines—and it was a question I had earlier from others about what programs are going to be cut to fund this—this is new money. This isn't taken from a budget line or repurposed: this is new money for this scheme. It is not from the Victims of Crime Fund. This is a new fund with up to $6 million for individual reparations, $5 million for whole-of-community reparations and about $1½ million for administration of the scheme, so that the administration does not come out of the money for reparations.

I think the final question was: how many people might be eligible for the scheme? The best estimation is from the Aboriginal Legal Rights Movement, and there may be up to 300 people who might be eligible. Obviously, not everyone who is eligible is going to apply for the scheme. I know some won't apply at all: there are very deep wounds that I know some will not want to reopen by making an application and going through the process.

There will be others who may not want to use this process but may wish to pursue their legal options and rights through the court system. The best estimates of the ALRM are that there may be up to 300 people who could potentially be eligible to make applications, if that's what they chose to do.