Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I present the explanatory memorandum to this bill and I move:

That this bill be now read a second time.

The Native Title Amendment Bill (No. 1) 2010 contains an important measure to complement and assist the government’s closing the gap agenda by facilitating the timely provision of quality public housing and associated infrastructure on land in Indigenous communities which is, or may be, subject to native title.

The government has a genuine commitment to improving the lives of Indigenous Australians and addressing Indigenous disadvantage. Housing is at the centre of this commitment.

It is vital to achieving the advances needed in health, education and employment participation outcomes for Indigenous Australians.

The government has committed an unprecedented $5.5 billion over 10 years to address historic underfunding of housing in remote Indigenous communities.

To ensure the new delivery model for Indigenous housing avoids the pitfalls of the past, secure tenure arrangements are now a requirement of all major investment in housing and other infrastructure. This makes government responsible and accountable for effective management and maintenance of these assets.

However, some state governments have indicated that uncertainty in relation to native title could be a barrier to meeting housing and service delivery targets. There is a risk this will create delays in the delivery of housing.

This bill introduces a new process specifically for public housing and a limited class of community facilities including education, health and emergency services facilities, and staff housing associated with these facilities.

It will apply primarily to acts of state, territory and local government bodies.

The new process strikes a balance between the need for these services and the need to engage meaningfully with native title parties and protect native title rights and interests.

It also contains important safeguards to ensure genuine consultation with native title parties.

The new process sets out reasonable and specific periods for comment and consultation, and provides flexibility to allow native title parties to choose the level of engagement they feel is appropriate for each individual project.

It will be subject to state and territory heritage processes.

The bill also enables the Attorney-General to prescribe how consultations with native title parties should occur, including general guidance on the issues to be included in consultation. This includes the capacity to set more detailed requirements such as face-to-face meetings and provision of interpreters.

The bill also requires that reports on consultation be provided to the Attorney-General as the responsible minister. The Commonwealth intends to make these reports public, providing for public scrutiny on the new process.

Acts covered by the new process will be invalid if there is a failure to notify, provide a consultation report or observe the minimum specified time periods. This ensures that a proper process is followed and that governments can then be certain that the investment has been validly applied.

Finally, the new process will sunset after 10 years.

The 10-year period approximates the duration of the National Partnership Agreement on Remote Indigenous Housing under which the $5.5 billion to which I have referred has been committed.

The government is determined to continue on the course of resetting the relationship between Indigenous and non-Indigenous Australians and to recognise and respect native title.

Alleviating poverty and improving housing and infrastructure in Indigenous communities is paramount to this effort and hence the reason for this bill, which I commend to the House.

See this speech in context