Peter Slipper (Fisher, Liberal Party) Share this | Hansard source

On behalf of the Standing Committee on Legal and Constitutional Affairs, I present the report of the committee entitled The long road to statehood: report of the inquiry into the federal implications of statehood for the Northern Territory, together with the minutes of proceedings and evidence received by the committee.

Ordered that the report be made a parliamentary paper.

On 9 May 2005 the Attorney-General referred to the committee the task of convening a seminar to inquire into recent developments in the Northern Territory on the question of statehood, including any proposals to advance statehood, and emerging issues which may have implications for federal arrangements. Honourable members would be aware that the people of the Northern Territory narrowly rejected a model of statehood at a referendum in 1998. However, many Territorians appear to be in favour of the idea. Statehood is now back on the agenda in the Northern Territory following the announcement of a community focused campaign by the Northern Territory Chief Minister in 2003. The prospect of creating a new state raises a host of unresolved constitutional, policy and administrative issues that may impact on current federal arrangements. These issues include Aboriginal land rights, representation and legislative arrangements, mining and uranium resource issues and national parks and marine protected areas.

Unlike the original states, the Northern Territory is subject to the legislative power of the Commonwealth under section 122 of the Australian Constitution. The Territory is represented by two senators in the federal parliament in contrast to 12 senators from each original state. The votes of Territorians in national referenda are counted only once in the overall tally, but not counted towards a state tally, which is the second criteria for a successful referendum. The Northern Territory is also without certain state-like responsibilities in the areas of uranium mining, land and some national parks.

From 14 to 16 November 2006, the committee held a statehood seminar in Alice Springs and Darwin. The committee had the privilege of hearing from over 60 speakers representing a range of stakeholders in the Territory, including Aboriginal service providers and land councils, Territory and Australian government and opposition parliamentarians, Supreme Court justices, and union and business representatives. I have to say that the committee was quite grateful for their enthusiastic participation in the seminar. The most contentious issues raised at the seminar centred on the representation of the new state in the Australian parliament, the future treatment of the Aboriginal Land Rights (Northern Territory) Act 1976, and the role of the Commonwealth government in assisting the Territory to achieve statehood.

Territorians were uncertain of the current position of the Australian government on Northern Territory statehood. Historically, the Commonwealth position on statehood has been that it would consider the matter only at the request of the Territory. It was considered that statehood was a domestic matter to be resolved by Territorians alone, with the in-principle support of the Australian government. However, without Commonwealth involvement, the Territory government would not be able to put before its people a model of statehood that contained specific proposals on crucial issues such as the level of representation of the new state in the Australian parliament. Any vague model of statehood would be doomed to fail at a referendum. People want details. Without discussions with the Australian government over the nature of the details, there is a strong risk that the issue of statehood will remain unresolved. That is why the committee has recommended that the Australian government update and refine its position on Northern Territory statehood and recommence work on unresolved federal issues. By refreshing its position on statehood, the Commonwealth would assist the Northern Territory in developing further its own position on statehood and allow the Territory government to consult its citizens with more concrete proposals.

I would like to thank the members of the committee who worked so conscientiously during the course of the inquiry. Our report is unanimous. On behalf of the committee I would also like to express my great appreciation for the contribution and assistance of the Northern Territory Statehood Steering Committee and the Legislative Assembly Standing Committee on Legal and Constitutional Affairs, and, in particular, Ms Barbara McCarthy MLA, who chairs both committees. I would also like to convey my thanks to the staff of the committee secretariat. The report demonstrates the complexity of creating a new state in the Australian Federation and makes one recommendation. I anticipate that this inquiry will assist Territorians in their discussions on statehood and help open up a dialogue between the Territory and Commonwealth governments in discussing the possible way forward on the road to statehood. I commend the report to the House. (Time expired)

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