Aboriginal Lands Parliamentary Standing Committee: Review into the Operations of the Aboriginal Lands Trust Act 2013

Adjourned debate on motion of Hon. J.S.L. Dawkins:

That the report of the committee, entitled 'Review into the operations of the Aboriginal Lands Trust Act 2013', be noted.

(Continued from 3 April 2019.)

The Hon. K.J. MAHER (Leader of the Opposition) (17:57): I rise today to support the Aboriginal Lands Parliamentary Standing Committee review into the operations of the Aboriginal Lands Trust Act. I would like to thank honourable members who worked on this report. I would also like to thank Dr Ashley Greenwood, the executive research officer of the committee, but more particularly Ms Shona Reid, the former executive research officer of the committee, who is now the executive director of Reconciliation SA.

I would like to thank all current and former members of the committee who worked on this particular inquiry. We received submissions from a considerable number of witnesses, including those representing Yalata, the Aboriginal Legal Rights Movement, South Australian Native Title Services, Point Pearce Aboriginal community, Davenport community and the Aboriginal Lands Trust themselves. We appreciate the time they took.

There were a number of recommendations that came out of this report. The first recommendations dealt with making sure that there is proper consultation with Aboriginal communities about any changes. That is self-evident. In my experience as a minister for Aboriginal affairs and now shadow minister and working in the area for some time, any changes in Aboriginal affairs policy only work properly when they are done in close consultation with members of Aboriginal communities who these laws affect.

The second recommendation recognises the widespread desire from communities to have greater control over their land, including possible divestment of ALT land. This is an important recommendation and aspect. We heard evidence from many communities that they would like more control over their land. Many Aboriginal Lands Trust communities are former missions, which are now Aboriginal communities. Whether it be Point Pearce, Raukkan, Koonibba, Yalata, Davenport or other places around South Australia, they are former missions that are now in the Aboriginal Lands Trust estate, which I think, from memory, is about some 500,000 hectares around South Australia. It is a very considerable estate that is held in trust.

The trust, I think, was formed in 1966, so it is now over 50 years old. It was the first Aboriginal land rights legislation anywhere in Australia and for its time was ground breaking, but now, more than half a century on, I think it is reasonable to revisit whether this is the best way to hold land for, on behalf of and for the benefit of Aboriginal people.

Certainly, a lot of the evidence we heard pointed to many communities wanting much greater control over their land and questioning whether the model that holds it on behalf of Aboriginal people is the best model today. I know that other jurisdictions internationally, and also around Australia, are looking at different ways for Indigenous landholding that give divestment and greater control for local communities. At the moment, local communities really cannot do much with their land. The titles are held by the Lands Trust. In many cases, anything done with the land needs Lands Trust permission.

There are jurisdictions, even in Australia, that are making it their business to put themselves out of business, that is, divest land back to the control of local Aboriginal people and organisations, with appropriate safeguards in place to make sure that land is not alienated and lost forever. I think that was certainly one of the consistent themes of the inquiry and the evidence given, that Aboriginal communities want to be more in control of their land.

There was some criticism throughout the process of the level of consultation that different communities felt the Aboriginal Lands Trust engaged in. The Lands Trust responded to some of those, but I think it is fair to say that was another consistent theme throughout evidence given, that communities and community leadership did not feel that, today, the Lands Trust engaged sufficiently in decisions that affect their land and their lives. They are a large part of the recommendations that are made up in this report. I commend the report to the chamber.

The Hon. J.S.L. DAWKINS (18:01): I thank the Hon. Mr Maher for his remarks. I also note that the Hon. Tammy Franks had indicated a wish to speak to this. Due to other commitments, she was not able to do that, but she wished that I indicate her sincere—as she always is in relation to Aboriginal affairs—support for this report and for this motion.

I add to the Hon. Mr Maher's remarks about the work done on this report, largely by Ms Shona Reid but also more recently by Dr Ashley Greenwood. In a final remark, I think the Hon. Mr Maher referred to the very large land parcel that is under the Aboriginal Lands Trust. The distances and the expanse of that parcel, I think, are difficult for a body of that size to administer. We in our report endeavoured to cover those issues as best we could. I commend the report to the council.

Motion carried.

Sitting suspended from 18:02 to 19:45.