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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-24 Daily Xml
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APY LANDS, DISPUTE RESOLUTION

The Hon. T.A. FRANKS (15:30): 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.

Leave granted.

The Hon. T.A. FRANKS: 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.

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.

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 Paper Tracker 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.

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:

1. 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?

2. If not, why have you as the current minister failed in your duty to provide this important conflict resolution option?

3. 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 Australian newspaper and, to my understanding, previously raised with you as minister?

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): 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.

The PRESIDENT: Supplementary, the Hon. Ms Franks.

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