Ken Wyatt (Hasluck, Liberal Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I move:

That the amendments be agreed to.

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

As I discussed when the Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021 first came before this place on 2 September this year, the Aboriginal Land Rights (Northern Territory) Act 1976 was a major achievement of both the Whitlam Labor government and its successor, the Liberal government led by Malcolm Fraser. The legislation was introduced by the Whitlam government, lapsed on the dismissal of the government in 1975 and was then reintroduced and passed with Labor support by the Fraser government in 1976. I think it is important to remember the bipartisan support that this legislation has had since its inception.

The Aboriginal land rights act was based on the recommendations of the final report of the Woodward Aboriginal Land Rights Commission in April 1974. In that final report, Commissioner Woodward said that he believed that the first aim of Aboriginal land rights is:

(i) the doing of a simple justice to a people who have been deprived of their land without their consent and without compensation …

Commissioner Woodward went on to state that the aims of land rights could be best achieved by measures which included:

(a) preserving and strengthening all Aboriginal interests in land and rights of the land which exist today, particularly all those having spiritual importance.

(b) ensuring that none of these interests or rights are further whittled away without consent …

Woodward's final report included drafting instructions for the bill that became the land rights act, which was the first legislation passed by any Australian government giving legal recognition to Aboriginal land ownership. This law has been of immense significance in shaping the Northern Territory ever since, with the provisions of the land rights act now governing around half of the land area of the Northern Territory.

This bill makes a number of substantial changes to the Aboriginal Land Rights (Northern Territory) Act 1976, which are directed to the objective of economic empowerment, which is in the bill's title. As we've made clear, we in Labor support these changes. However, at the time this bill was brought forward, concerns were raised that the government had not consulted widely enough on the very significant changes that it makes to the existing law. It was partly for this reason that Labor supported the inquiry held into this bill by the Senate Legal and Constitutional Affairs Committee. That committee inquiry provided an opportunity for all interested groups and individuals to be heard. I'm pleased to say they have now been heard and their submissions have been carefully considered by that committee. I also note that Labor appreciates that the four Northern Territory land councils were closely involved in the development of this bill and that Labor accepts and welcomes the important role that the Tiwi Land Council, the Central Land Council, the Anindilyakwa Land Council and the Northern Land Council play as the representative bodies for traditional owners in the Northern Territory.

The land councils' joint submission to the Senate inquiry set out in detail the meetings that were held with traditional owners and communities around the Northern Territory to discuss and consult on the content of the bill. Labor supports this bill with the amendments moved in the other place, which would require the minister to request progress reports on the Northern Territory Aboriginal Investment Corporation's strategic investment plan. We note that this was also a recommendation of the Senate Scrutiny of Bills Committee. It's appropriate and consistent with principles of transparency that these progress reports should be open to parliamentary scrutiny. There are various options available to the minister to allow for the removal or confidentiality of any genuinely sensitive material.

Labor supports this bill as amended.

Adam Bandt (Melbourne, Australian Greens) Share this | Link to this | Hansard source

I thank the House for the support of these amendments, which I understand is going to be across the House. These are amendments that were moved in the Senate by Senator Lidia Thorpe. What they will do is require the minister to provide progress reports on the Northern Territory Aboriginal Investment Corporation and also require the minister to table a copy of any progress reports in each house within 15 days of receiving that report. These important amendments will help ensure accountability and transparency, and the Greens are pleased that they have received the support of the Senate. We look forward to them receiving the support of the House. Senator Thorpe has made extensive contributions in the Senate as to why these amendments are important, and I commend these amendments to the House.

Question agreed to.