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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-07-01 Daily Xml
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BRITISH ATOMIC TESTING

The Hon. T.A. JENNINGS (15:14): I seek leave to make a brief explanation before asking the minister representing the Minister for Aboriginal Affairs and Reconciliation a question about British compensation for Aboriginal people affected and harmed by nuclear tests in South Australia.

Leave granted.

The Hon. T.A. JENNINGS: I draw honourable members' attention to the words of premier Rann with regard to the British government's atomic testing in the Australian outback that took place in the 1950s. Premier Rann said on ABC news posted online on 8 June 2009 that the British government should be held responsible for all those affected by the Maralinga testing. I quote as follows:

After a big campaign we managed to get the clean-up but we didn't get the compensation. I think the British government has an absolute responsibility to do the right thing by its and our service personnel and, of course, our Aboriginal people.

I note that British service personnel who were involved in the atomic testing have won the right in the British courts to seek compensation. This is a welcome thing.

The UK court decision was made in 2009 and it has opened the door for UK service personnel and other internationals to pursue claims for compensation for harm done following those tests. It is my understanding that the UK claimants initially received legal aid funding from their legal services commission.

There is a great deal of interest among Aboriginal communities affected by the nuclear tests regarding being able to undertake similar litigation. The Aboriginal Legal Rights Movement has accessed legal advice from a UK-based barrister and a prominent QC which indicates that Aboriginal people will be able to pursue similar claims for compensation. It also advises them that, given the advances in technology that can provide causal links to injuries suffered from radiation, those claims have a great likelihood of success. In fact, a UK-based law firm, Hickman and Rose, has accepted instructions from at least 10 potential claimants and is willing to act on behalf of an even larger group, and, as I say, there is great interest in the Aboriginal community of South Australia in this issue.

However, I ask the question of the minister: given the Premier's call that the British government has an absolute responsibility to do the right thing by Aboriginal people, will the Rann government and the minister for Aboriginal affairs, in particular, also do the right thing and ensure Aboriginal claimants of South Australia are able to access the legal representation required to hold the British government to account and seek compensation for the harm that has been caused to them?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for the City of Adelaide) (15:17): I thank the honourable member for her most important questions. I will refer them to the Minister for Aboriginal Affairs and Reconciliation in another place and bring back a response.

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