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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-26 Daily Xml
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ABORIGINAL LANDS TRUST BILL

Second Reading

Adjourned debate on second reading.

(Continued from 24 September 2013.)

The Hon. T.A. FRANKS (11:08): I rise on behalf of the Greens today to indicate that we will support this bill to second reading stage and reserve our judgement on third reading until proper processes have been conducted. Those processes, of course, in some ways are administrative and required by the hybrid nature of this bill, but also those processes will include referral to a select committee as a part of that particular requirement and, indeed, reference and rigorous investigation of this bill through the Aboriginal Lands Parliamentary Standing Committee. That particular standing committee, of which I am a member, certainly has in its terms of reference an oversight over this particular act. It is with those reservations that I continue my second reading speech on this bill.

The bill is aimed at strengthening South Australia's Aboriginal Lands Trust, and I commend this minister for finally introducing it. The bill will purportedly—and I do not mean that in a pejorative way—seek to unlock the commercial potential of some 500,000 hectares of land, worth some $60 million, that are currently held by the trust.

The bill is intended to ensure a more efficient and productive use of this trust land to deliver long-term benefits for Aboriginal communities across this state—on that, I imagine, all members of this council will agree. There are many significant challenges faced by the trust, and certainly this legislation is long overdue in ensuring measures to overcome the barriers that many Aboriginal communities face with the current status quo.

The land held by the trust is located across metropolitan, regional and remote areas of this state. Those holdings are incredibly diverse, both in geography and nature. They are managed and developed by Aboriginal people to improve their economic wellbeing and strengthen the community. As a member of the Aboriginal Lands Parliamentary Standing Committee, I have certainly heard time and time again from communities that we have the privilege to go and speak to that the current legislation is indeed a barrier to those goals.

This bill will establish a new commercial development advisory committee, which is intended to provide specialist advice to the minister and the trust about commercial transactions. The Aboriginal Lands Trust will also be given more autonomy in its dealings with the trust land. There will be a process for Aboriginal community involvement in decision-making, as well as support for new opportunities for future cultural and residential development. The bill also creates a new position, that is, a chief executive officer for the trust.

The road to bringing this debate to our chamber today has, of course, been very long. Indeed, the current act is now some 47 years old, which is longer than I and some other members of this council have been on this planet. As one who is on the side of progressive politics, I am certainly most heartened that there have been many major social and legal changes since 1966. I particularly note the passage of the commonwealth Native Title Act 1993. I have in my notes here, 'Onya, P.J.K.' As a very young Australian, I remember that being a groundbreaking piece of our modern history in this nation, and I certainly commend the then prime minister for that legislation.

The government of South Australia, however, commenced a review of this particular act that brings this bill before us on 20 November 2008. Indeed, we have heard from several ministers in that time that a bill was pending, that legislation was due in the parliament within months or that it was off at parliamentary counsel. There have certainly been three extensive ranges of public consultation processes on those various incarnations of that review. I commend minister Hunter for finally getting it here.

I note that we have some five, or possibly six, sitting weeks left of this particular year, and I certainly hope that we will see the passage of legislation that reflects and supports the stated intentions of this bill passed this calendar year. I look forward to rigorous and robust investigation to ensure that it does indeed give us the best and not simply the speediest bit of legislation that can pass this place. I look forward to working with my colleagues across parties, and indeed across the crossbench and Independents, to achieve that goal.

With those few short words, I will say that this is much-needed legislation. Certainly, anyone who has conversations with those who are unable to undertake business transactions, or entrepreneurial, business or farming development, as a result of the restrictions that are currently enforced by such archaic legislation would know that we have to find some solutions here and that we have to find a way forward. I look forward to further processes of this debate both in this council and in committees and, indeed, in the community.

The Hon. K.L. VINCENT (11:15): I will speak very briefly in favour of the second reading of the Aboriginal Lands Trust Bill 2013. Firstly, I would like to thank the Hon. Ian Hunter's adviser, Shane Webster, for the comprehensive folder of information—a very large and glossy folder, in fact—provided to me and my staff member yesterday morning and for also arranging three departmental staff to brief me at that same meeting.

I would hope that there is no question, through our previous work, that Dignity for Disability certainly has something of a proud record in supporting the recognition and empowerment of Indigenous South Australians in particular through all sectors of society and by whatever legislative means, and we are pleased to see this bill before the parliament. I have no further questions at this stage, but I look forward to progressing it through the committee stage.

I understand that because this is a hybrid bill, it will now be voted off to a select committee, and I commend that process to the chamber.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:16): I would like to thank honourable members who have spoken on this bill, and I would also like to thank them for their indications of general support for this important reform. Honourable members will recall that earlier in the year this chamber experienced a sometimes rare but welcome spirit of multipartisanship when it passed the Constitution (Recognition of Aboriginal Peoples) Act 2013. Today, this parliament comes together again for the benefit of the Aboriginal peoples in this state to jointly advance this bill.

After almost 47 years of operation, it is time that the current Aboriginal Lands Trust Act is replaced by new legislation which reflects the complexities of the modern world and which allows the trust to deal with the significant challenges of owning and managing the trust estate, which comprises over half a million hectares and is valued at approximately $60 million.

It is sometimes said that there can be no real self-determination for Aboriginal peoples without economic development. This bill certainly provides a new mandate to increase opportunities for that economic development to take place. A more commercial approach to the trust assets, where appropriate, will go far to assist the trust in generating income to support the operations of the trust into the future.

A new skills-based trust structure, the availability of advice from the commercial development advisory committee, the good order audit, and the requirements for a register of trust land, in addition to the continuation of the obligations for good financial management, will enable more efficient, productive and beneficial use of trust land. Importantly, these changes will help support the expansion of Aboriginal businesses and improve Aboriginal participation in our economy. As members in this place have identified, the bill will also provide for greater empowerment of Aboriginal decision-making.

The trust will have the governing capacity and commercial expertise to ensure the trust's land is in good order, and it will assist to improve the cultural and economic wellbeing of South Australian Aboriginal people for the future. It will no longer be necessary for the trust to require consent from the minister every time it proposes to deal with land, and Aboriginal women will also have a greater opportunity to participate in the trust's dealings and decision-making.

The bill provides for the appointment of a selection panel which will, as far as reasonably practicable, endeavour to achieve a gender balance on the trust. It is also appropriate in this modern age that the trust will be required to consult with all Aboriginal people with an interest in relevant trust land before dealing with that land.

In closing, I would like to acknowledge those members of the ALT Reference Group who have provided me with advice about the content of the review and its process. It is with much pleasure and gratitude that I acknowledge the contributions of Mr Haydn Davey, Acting Chair, ALT; Ms Khatija Thomas, Commissioner for Aboriginal Engagement; Mr Parry Agius, nominee from the South Australian Aboriginal Advisory Committee and former chair of that council; Mr Harry Miller, community representative; Mr Klynton Wanganeen, community representative and former commissioner for Aboriginal engagement; and Mr John Chester, General Manager of the ALT.

I put on record the government's thanks for the reference group's dedication to its task and the breadth and sensitivity of the consultation process. Each member of this group donated their time to participate in the consultations and provided an essential link between the legislative review team, key Aboriginal organisations, and the broader Aboriginal community. I would also like to thank the current and previous boards of the ALT for their commitment and resolve to persevere through what were at times very robust conversations with the community, I am told.

The outcome of that resolve and patience is that Aboriginal peoples in the state will have a more empowered and independent role as beneficiaries and protectors of an ever-increasingly useful and valuable asset which is supported by this new legislation. I understand this bill is a hybrid bill, and I look forward to participating in the next stage of that process through the formation of a select committee and return to this chamber for the ordinary course of proceedings. I commend the bill to the house.

Bill read a second time.

Referred to Select Committee

The PRESIDENT: I now rule that this bill is a hybrid bill and must be referred to a select committee pursuant to standing order 268.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:20): Accordingly, I move:

That the select committee consist of the Hon. T.A. Franks, the Hon. K.J. Maher, the Hon. T.J. Stephens, the Hon. S.G. Wade and the mover.

Motion carried.

The Hon. I.K. HUNTER: I move:

That standing order 389 be so far suspended as to enable the chairperson of the committee to have a deliberate vote only.

Motion carried.

The Hon. I.K. HUNTER: I move:

That this council permits the select committee to authorise the disclosure or publication as it thinks fit of any evidence presented to the committee prior to such evidence being reported to the council.

Motion carried.

The Hon. I.K. HUNTER: I move:

That standing order 396 be suspended to enable strangers to be admitted when the select committee is examining witnesses unless the committee otherwise resolves that they shall be excluded when the committee is deliberating.

Motion carried.

The Hon. I.K. HUNTER: I move:

That the select committee have power to send for persons, papers and records; to adjourn from place to place; and to report on 27 November 2013.

Motion carried.

The Hon. I.K. HUNTER: I seek leave to move a motion without notice concerning the select committee on the Aboriginal Lands Trust Bill.

Leave granted.

The Hon. I.K. HUNTER: I move:

That the select committee on the Aboriginal Lands Trust Bill have permission to meet during the sitting of the council this day.

Motion carried.

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