Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Shadow Assistant Minister for Financial Services) Share this | Hansard source

I speak in support of the second reading amendment that's been moved by the shadow Attorney-General which points out the importance of consultation with First Australians around important changes to native title legislation such as this and, like the shadow minister, I reiterate my—and Labor's—support for all of the elements of the Uluru Statement from the Heart and, in particular, a constitutionally enshrined voice to the parliament. Getting the views of Aboriginal and Torres Strait Islander people from throughout the country about important amendments to legislation such as this would be quite beneficial and helpful for us in our deliberations. We again call on the government to work in consultation with First Australians and, indeed, with us—as the Labor Party and the opposition—on progressing this important issue for true reconciliation and true recognition of the role, the important role, that First Australians have played in the development of our nation.

This bill amends the Native Title Act to extend the operation of subdivision JA for another 10 years. We support that extension. In 2010, Labor introduced this subdivision into the Native Title Act to assist in the urgent construction of public housing and a limited class of community facilities, including education, health and emergency services. Improving housing and infrastructure in First Nations communities is vital in helping to close the gap on Indigenous disadvantage. The subdivision provides for a degree of consultation with affected parties, including periods for comment on any proposed construction. Labor introduced these provisions in government to deal with situations where there was an urgent need for the construction of public housing and other public facilities on land subject to native title. We all know the importance of providing a roof over people's heads, particularly in some of the harshest environments in the country, and there was a definite need for urgent provision of amendment to that act at the time by the Labor government to ensure that that could occur quickly.

The subdivision has been used 127 times since being introduced 10 years ago: 53 times in Queensland and 74 times in Western Australia. When introduced, the provision included a 10-year sunset which was to approximate the duration of the National Partnership Agreement on Remote Indigenous Housing that Labor had put in place when in government. Limiting the period of the extension to a further 10 years provides the opportunity to reassess the ongoing need for this provision later on down the track.

Improving housing and infrastructure in Indigenous communities must remain an important role of the Commonwealth and, importantly, working with the states on this issue that traditionally has the responsibility of delivering social housing for Australians. It's a crucial step in supporting the health and economic outcomes of First Nations communities. Indigenous Australians make up three per cent of the Australian population but, unfortunately, at the last census 20 per cent of all persons who were homeless were Aboriginal. We all know that there are additional problems that come with homelessness. Homelessness is, unfortunately, a catalyst to further social and health problems, and I believe it's one of the principal reasons you see higher rates of health issues and of social dislocation for many First Australians throughout the country—all stemming from the fact that they have that 20 per cent rate of homelessness when they make up only three per cent of our population.

The high rates of overcrowding and overcrowded dwellings in First Nations communities was included in the revised Closing the Gap targets to increase the proportion of Aboriginal and Torres Strait Islander people living in appropriately sized housing to 88 per cent by 2031. Labor's called on the Morrison government to invest in the construction of social housing across this country as a stimulus measure and as a measure to provide jobs and support, particularly in rural and regional communities that are going to be struggling the most during this pandemic. This would be a win-win to keep more tradies working and to solve some of these problems of homelessness and in particular overcrowding in First Nations communities.

Of course, it's essential that communities are sufficiently involved in the planning and ongoing management of constructed facilities, and it's important that the Morrison government ensures that this subdivision continues to be used only when strictly necessary to facilitate urgent construction. The shadow minister for reconciliation and constitutional recognition of Indigenous Australians expressed concern that the current framework doesn't guarantee sufficient involvement of communities in the planning and ongoing management of constructed facilities, and the procedural rights of native title holders to comment are fairly weak and do not guarantee ongoing involvement in the management of facilities once constructed.

These concerns were raised with the National Indigenous Australians Agency by the shadow attorney-general, who received assurances that the provisions will continue to be used only when necessary, for urgent construction of facilities. When these are utilised, the government will seek to ensure that there is appropriate consultation and ongoing engagement with communities about the management of any constructed facilities. That's something that was reiterated in the second reading amendment moved by the shadow attorney-general, and I want to put in the House the importance of this framework for consultation when this particular provision is used, albeit sparingly. One of the principal issues and complaints that First Australians have had about management of remote communities has been the lack of consultation and having whitefellas, if you like, tell them what's best for their communities.

That's why it's important that we get that consultation piece right, and it's important that we have a constitutionally enshrined voice to parliament so that there's a formalised process of that consultation taking place and that voice being heard in this place on important legislation such as this. At all times, the proper consultations should take place with affected communities before, during and after the construction is completed. The Morrison government has a real opportunity here to deliver substantive investment in housing and infrastructure that will change the lives of First Nations people and hopefully reduce that elevated rate of homelessness in some of these communities—and not just in remote communities but also across urban communities, where we still see rates of homelessness, rough sleeping and overcrowding for First Nations Australians that are unacceptable. We as a parliament, as a Commonwealth authority on these things, need to make sure that we get the balance right and that we're providing not only the funding but also the legislative mechanisms to improve those rates.

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