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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-06-29 Daily Xml
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NGARRINDJERI PEOPLE

The Hon. J.R. RAU (Enfield—Attorney-General, Minister for Justice, Minister for Tourism) (14:11): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: I rise to make this ministerial statement concerning an important matter for the people of South Australia. On Friday 18 June 2010 the Premier, the Minister for Aboriginal Affairs and Reconciliation and I met with a delegation of Ngarrindjeri people and their legal representative, Mr Shaun Berg, in the Premier's office. At that meeting, representatives of the Ngarrindjeri people indicated a wish to have a further conversation with the South Australian government about matters relating to the Letters Patent of 1836.

As a sign of their goodwill, they presented the Premier with symbolic cultural objects to be held by him for the duration of the discussions. The Premier indicated that he wished to accord due respect to the delegation and to seek advice from the Solicitor-General in relation to the general topic raised. The parties left one another on the understanding that within a fortnight the government would advise the Ngarrindjeri people of how the matter was proceeding.

Immediately following that meeting I met with the Solicitor-General in my capacity as Attorney-General and requested he commence a consideration of all issues relating to the Letters Patent and, in particular, any matters raised in the published book by their legal representative, Mr Shaun Berg, called Coming to terms. The Solicitor-General indicated to me that, within the priorities of matters he is presently working upon, it would take some time to determine a response to such a large and undefined topic as the Letters Patent generally.

Therefore, it is necessary to seek further information about the precise legal nature of the matters raised by the Ngarrindjeri people, including any particulars as to the consequence or consequences which they believe may flow from whatever legal view they have taken of the Letters Patent. Therefore, I have further consulted with the Premier and the Minister for Aboriginal Affairs and recommended to them that we therefore seek a written formulation from the Ngarrindjeri people providing particulars of the following:

1. The precise legal nature of their assertions regarding the Letters Patent 1836; and

2. Particulars of any or all consequences which they believe may flow therefrom.

I am hopeful that, upon receipt of such a formulation, the government will be able to more quickly, fairly and accurately respond to the questions raised. At the present time, for the reasons that I have just set out, these questions remain unclear; however, the government will be able to consider what response may be appropriate upon receipt of this clarifying information. I have written today to Mr Berg on behalf of the government to outline these matters and to invite him, on behalf of his clients, to assist the government in this process by providing these particulars in writing. I look forward to receiving and considering his reply.

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