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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-09-24 Daily Xml
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Aboriginal Governance

The Hon. F. PANGALLO (14:56): I seek leave to make a brief explanation before asking the Minister for Aboriginal Affairs a question about Aboriginal governance.

Leave granted.

The Hon. F. PANGALLO: While I am on my feet, I would like to acknowledge in the gallery today respected Aboriginal elder and longtime Davenport resident Malcolm 'Tiger' McKenzie, whose advocacy for his people over many decades is to be applauded.

The PRESIDENT: Of course, the Hon. Mr Pangallo, that is out of order, but move on.

The Hon. F. PANGALLO: In 2020, 10 senior and respected Aboriginal leaders across the state met with former Premier Steven Marshall to implore him to hold a parliamentary inquiry into Aboriginal governance. They were concerned that the lack of capacity on Aboriginal boards, historical and comprehensive regulatory failure, and allegations that notoriously corrupt Aboriginal leaders were being protected by their lawyers all meant that benefits, both financial and economic, were not being adequately provided to members of Aboriginal corporations, specifically the native title bodies. That group included a past chair of the APY lands, past chair of the State Aboriginal Heritage Committee, CEO of the Aboriginal Legal Rights Movement, the past native title commissioner for South Australia and others of similar seniority.

The former Premier granted their request and the inquiry proceeded in February 2021, making a number of important recommendations in the final report that was tabled on 15 November 2022. The principal recommendation sought to amend the South Australian Trustee Act in a similar manner to that which has recently taken place in Western Australia to provide greater disclosure and transparency to beneficiaries of Aboriginal trusts. As minister, you did not accept any of the recommendations of the committee.

Running parallel to this is the much publicised Rangelea judgement currently being appealed by colourful Rangelea Director, Vincent Coulthard, which is seen nationally as the bellwether legal judgement relating to the failure of these many very wealthy Aboriginal trusts across Australia to provide benefit disclosure and transparency to their members. My questions to the minister are:

1. Can you provide details on why you rejected all the recommendations of the inquiry?

2. If Mr Coulthard's appeal fails, will you amend the South Australian Trustee Act legislation as recommended by the standing committee along similar lines to what is being done in Western Australia?

3. Are you prepared to provide copies of the inquiry report to South Australian Voice members and seek their views on the recommendations?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:59): I thank the honourable member for his questions. I might take them in reverse order and I am sure that, if I don't remember the first ones asked, the honourable member will remind me. In relation to what the South Australian Voice engage upon, that is a matter for the South Australian Voice. It is not up to me to decide exactly what it is they contribute; that is the whole point of having people elected to represent the communities. They will decide on what they wish to engage. If there is something they wish to take up, they are more than free to do so.

In relation to matters to do with the laws of trust and how they operate in South Australia, I would be more than happy to pass on to the minister responsible for that area of governance in South Australia, the Hon. Andrea Michaels, the Minister for Consumer and Business Affairs, the views expressed here for the honourable member's input. Was there a first question?

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