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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
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Parliamentary Committees

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

The Hon. J.S.L. DAWKINS (16:32): I move:

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

Firstly, the committee would like to thank and acknowledge the contributions made and wisdom shared to this review by Aboriginal peoples across South Australia. This report on the review of the operation of the Aboriginal Lands Trust Act 2013 fulfils the requirements set out in the act itself and in the Aboriginal Lands Parliamentary Standing Committee Act 2003.

The committee believes that while the two incarnations of the Aboriginal Lands Trust Act of 1966 and 2013 have provided a good legislative framework relative to their time, there are improvements which can be explored and enacted to attune the legislation to current needs.

It is the committee's hope that through this review, the Aboriginal Lands Trust will be able to enhance its engagement in consultation processes with Aboriginal residents and traditional owners on trust-held lands, providing these groups with the opportunity to meaningfully engage in the administration of the land for the benefit of Aboriginal communities and the broader South Australian community.

The committee extends its thanks and appreciation to Aboriginal community members, councils, organisations, members of the trust, and the Aboriginal Affairs and Reconciliation division of the Department of the Premier and Cabinet for taking the time to contribute their views to this inquiry.

The review commenced under the previous Aboriginal Lands Parliamentary Standing Committee, which consisted at that stage of the Hon. Tung Ngo as the presiding member, the Hon. Tammy Franks, Mr Jon Gee MP, Mr Eddie Hughes MP, Dr Duncan McFetridge MP, and the Hon. Terry Stephens MLC. The review continued in the first session of this the Fifty-Fourth Parliament from 3 May 2018 to the current day, with myself as the presiding member. Mr David Basham MP served on the committee from 3 May to 31 July, and he was then replaced by Mr Fraser Ellis from 31 July. The other committee members who have served through that period are: Mr Sam Duluk, the member for Waite; the Hon. Tammy Franks MLC; Mr Eddie Hughes MP, the member for Giles; and the Hon. Kyam Maher MLC.

In accordance with the statutory functions of the committee and section 68 of the Aboriginal Lands Trust Act 2013, this committee is required to review the operations of the ALT Act from 1 July 2014 to 1 July 2017. Under the review in particular, the committee would consider: whether the objects of the act have been achieved; how effective this act has been in enabling the trust to act strategically and to maximise the value of its landholding for the benefit of Aboriginal people, providing the trust with more autonomy in its dealings with trust land; and, enabling a process for Aboriginal community involvement and decision-making relating to trust matters.

The committee also considered whether the new skills-based requirement for membership on the Aboriginal Lands Trust Board has assisted the trust in its functions, whether the operation of the act has made an appreciable difference to increasing benefits to Aboriginal South Australians and whether the operation of the act has adversely affected Aboriginal people.

To summarise the recommendations of the committee, initially the committee recommended that the Aboriginal Lands Trust Act 2013 should not be amended without traditional owners in South Australia who were affected by any amendments first understanding the nature and purpose of the amendments and, as a relevant group, giving their consent, and consulting any Aboriginal communities or groups that may be affected and giving adequate opportunity to express their views. The second recommendation states:

Recognising a widespread desire from communities to have greater control over their land, including possible divestment of ALT land to community control where communities have the capacity, the committee believes that there still needs to be a level of protection so that the land is not put at risk.

To that end, the committee recommends that an independent whole-of-state inquiry be undertaken into Aboriginal land ownership and management across South Australia. This inquiry would provide:

an analysis of current Aboriginal land ownership and management systems in use across all Australian jurisdictions;

an examination of all current Aboriginal land ownership and management legislation applicable in South Australia, including:

1. how the relevant legislation interacts; and

2. any inconsistencies between the Aboriginal Lands Trust Act 2013 and other relevant commonwealth and state act.

the role of the following stakeholders in the administration of the relevant Aboriginal Lands Trust-held land:

- Aboriginal community groups and registered title body corporates; and

- local, state and commonwealth governments.

advice to the state government and Aboriginal communities relating to opportunities for Aboriginal individual home ownership on Aboriginal Lands Trust-held land;

recommendations as to the most appropriate Aboriginal land ownership and management system that balances the needs of traditional owners and Aboriginal community residents across South Australia.

models of protection for ALT land that has been divested to community control.

The third recommendation was:

That, with the support of the state government, the Aboriginal Lands Trust develop an appropriate and effective communication, engagement and consultation strategy that provides both Aboriginal residents and traditional owners with the opportunity to engage meaningfully in the decisions and administration of relevant Aboriginal Lands Trust held land.

The fourth recommendation was:

That the state government includes in its South Australian Aboriginal Strategic Plan the development and strengthening of Aboriginal governance instructions, systems and administration for Aboriginal communities situated on Aboriginal lands. This model would support the operations of the relevant Acts and any divestment of land where appropriate.

In its fifth recommendation the committee recommended:

That an independent analysis be undertaken to ascertain the level of funding required to fully implement all aspects of the ALT Act 2013, the outcome of which is then used to appropriately and adequately fund ALT to perform its legislative functions.

I would like to sincerely thank those who presented oral and written evidence to the committee. They include: the Yalata Anangu Aboriginal Corporation, the South Australian Native Title Services, the Aboriginal Legal Rights Movement, the Aboriginal Lands Trust, the Umoona Community Council, the Davenport Community Council, the Point Pearce Aboriginal Corporation, the Narungga Nation Aboriginal Corporation, the Aboriginal Affairs and Reconciliation Division of the Department of the Premier and Cabinet, Raukkan Aboriginal Community Council and the Far West Aboriginal Corporation.

In commending this report to the council, I sincerely thank all members of the committee, certainly those who served on the committee in the early stages of the development of this report. Obviously, my own personal experience is that it has been a collaborative effort. I think we have all worked in a diligent manner to come up with the best recommendations that we can to take the communities forward. There is no doubt that some communities are better placed to go forward in their own management than others; however, we are confident that if this report is undertaken then it will allow the best potential for the broad range of those communities across the state.

I would particularly like to thank Ms Shona Reid, the executive/research officer for this committee for almost all of the work in relation to this review. As many in this chamber know, Shona left the committee late last year to take up the position of CEO of Reconciliation SA, and we wish her the very best in that role. She has been very helpful in the changeover period since her departure, which we very much appreciate.

I want to thank the Black Rod because, in the period between the time that Shona left our committee up until the recent appointment of Dr Ashley Greenwood, he filled the breach, and the committee was very grateful for his assistance in the final stages of the development of this report. I am very pleased that we now have Dr Greenwood on board as our research/executive officer, and I look forward to working with her on future inquiries and our future regional visits. Again, thanks to all those who sit on the committee with me. With those words, I commend the motion to the council.

Debate adjourned on motion of Hon. T.J. Stephens.

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