Shayne Neumann (Blair, Australian Labor Party, Shadow Minister for Indigenous Affairs) Share this | Hansard source

I say at the beginning of this debate on the Aboriginal and Torres Strait Islander Peoples Recognition (Sunset Extension) Bill 2015 that the Labor Party supports the government, and commends them for bringing this legislation before the chamber today.

This bill amends the Aboriginal and Torres Strait Islander Peoples Recognition Act, a piece of legislation that was passed unanimously in the last parliament and that was initiated, of course, by the then Minister for Indigenous Affairs, the Hon. Jenny Macklin, the member for Jagajaga. It was passed unanimously in the last parliament and the preamble to that particular legislation foreshadowed that there would be a constitutional recognition referendum that would be put to the Australian people, proposing a change to the Constitution. That would build on the work that was done after the 1967 referendum, the moral case that was put for change and the impetus that led to reconciliation in this country. The preamble to that piece of legislation talked about the fact that there would be further engagement with Aboriginal and Torres Strait Islander peoples and the need to build a national consensus to recognise Aboriginal and Torres Strait Islander peoples in our Constitution.

There is an incompleteness—if I can put it that way—in the Australian Constitution: a void or a hole in the heart of the Constitution. It fails to recognise and acknowledge the long occupation of the continent by Australia's first peoples. This particular piece of legislation that was passed in 2013 created the idea of a review panel. That was established by this government, and I commend them for it, with three very eminent Australian people: the Hon. John Andersen AO, a former Deputy Prime Minister; Tanya Hosch, campaign director of RECOGNISE; and Mr Richard Eccles, the Deputy Secretary, Indigenous Affairs, Department of Prime Minister and Cabinet.

Their review panel did a very detailed report and recommended that the government continue this particular piece of legislation. Without this legislation being renewed there would be no legislative recognition of Aboriginal and Torres Strait Islander peoples, their prior occupation of this continent and their culture, language and heritage, and we would lose momentum for the campaign for constitutional recognition.

The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, chaired by the member for Hasluck, Ken Wyatt, and deputy chair, Senator Nova Peris, recommended in a report on 27 October last year—I am on that committee—that the government do what they are doing today.

This week we celebrated the life of a great champion of the '67 referendum Faith Bandler AC. I was pleased to be there along with member for Lingiari representing the Leader of the Opposition. Her funeral service was a wonderful occasion to celebrate a champion of the '67 referendum. Collectively, as I talked with people outside, we remembered the great work that she along with others did in relation to the 1967 referendum.

The '67 referendum was not only about including Aboriginal and Torres Strait Islander people in the Census but also about giving the Commonwealth government the power to pass laws with respect to Aboriginal and Torres Strait Islander people. For nearly six decades after Australia was formed as a country and as the Commonwealth of Australia, Aboriginal and Torres Strait island people lost the right to vote. That came back in the early 60s. The '67 referendum built momentum in reconciliation in this country.

The apology led by former Prime Minister Kevin Rudd supported by opposition leader Brendan Nelson and this parliament back in 2008 continued the great work built on that wonderful speech by former Prime Minister Paul Keating, the High Court decision of Mabo and native title legislation. We have been on a national journey in this space. The Prime Minister, I know, is working with the Leader of the Opposition and we wish there to be a bipartisan approach to this. Labor stands ready, willing and able to support constitutional recognition. We believe that we should do nothing without the support of Aboriginal and Torres Strait Islander people. This should be real and substantive change. They say that symbolic change is not good enough.

I think with goodwill we can get a referendum through. Only eight referenda have been passed in this country. The changes that are needed are important. I think it goes to an important development in this country. It completes a picture. It would also eradicate a shocking provision in our Constitution, section 25, which foreshadows the fact that laws can be passed at a state level that would prohibit Aboriginal and Torres Strait Islander people from actually having the right to vote. Most Australians, if they were walking down Pitt Street or Collins Street or Queen Street, would be horrified that that provision remains in the constitution. I know both sides of parliament want to get rid of a provision like that.

There needs to be a recognition of the great contributions and achievements of Aboriginal and Torres Strait Islander peoples. We celebrate Cathy Freeman winning gold. We celebrate great Indigenous champions like Greg Inglis, who I saw score a great try at the Indigenous All Stars victory on the Gold Coast just a couple of Friday nights ago. We purchase and celebrate Indigenous culture and art. It is time our Constitution recognised the wonderful contribution and prior occupation of this place that we call Australia by Aboriginal and Torres Strait Islander Peoples.

I commend the government for what they are doing here. If we were in government, we would be doing exactly the same thing and extend this out by a further three years. I want to let you know that Labor wishes to work closely with the government to make sure that we can bring this to pass to make sure that we complete our Constitution and do the right thing. In the 21st century I would like to look back and say that this parliament did this. It would go a long way on our journey of reconciliation in this country, and I thank the government for what they are doing.

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