Alan Eggleston (WA, Liberal Party) Share this | Hansard source

I rise to record my support for the Native Title Amendment Bill 2006. This bill includes a series of significant and balanced reforms to the Native Title Act 1993, which has not been the subject of substantial amendment for more than eight years. As the Attorney-General noted in introducing the bill last year, the key catalyst for the present reforms is the government’s commitment to improving the performance of the native title system. It is important to acknowledge that these reforms were not developed in a vacuum but have instead been informed by an extensive consultation process involving key stakeholders across the native title system.

The Attorney-General originally announced the broad framework for reforms to the native title system in September 2005. This framework comprised a series of six complementary elements aimed at addressing all aspects of the system. At that time, the Attorney-General emphasised the need to achieve better outcomes for all parties involved in native title and undertook to ensure stakeholder concerns would be taken into account. Since then, the government has undertaken consultation on all elements of the reform package and the outcome of such consultation is reflected in the legislation currently before the Senate.

The four schedules in the current bill will respectively implement four of the six elements in the government’s reform package. Those aspects include measures to clarify the key institutional arrangements for the resolution of native title claims through the implementation of a series of key recommendations made by the native title Claims Resolution Review in relation to how the National Native Title Tribunal and the Federal Court may work more effectively on native title matters.

The bill also includes specific measures to improve the effectiveness of native title representative bodies, which generally represent claimants in the native title system, and to encourage the effective functioning of prescribed bodies corporate—the bodies established to manage native title once it has been recognised. Finally, the bill will broaden the existing provision for assistance to non-claimant parties so that government assistance can be provided in a wider range of circumstances to respondents participating in the ‘right to negotiate’ process.

Collectively, these measures reflect a balanced and considered approach to improving native title processes without disrupting the overall system and without undermining the existing balance of rights under the Native Title Act. It is critical that we recognise these reforms as part of a broader package which is intended to address all key elements of the system in a rational and coherent way. I understand that a second bill to implement outstanding measures will be introduced to the parliament later in this sitting period and that it will include minor and technical amendments which have also been the subject of detailed consultation.

The government has sought to work with the states and territories to secure agreement on improvements to the native title system. In December last year the Attorney-General convened a meeting of native title ministers from the states and territories. Ministers noted the proposed package of reforms and, significantly, agreed that all parties, including governments, should continue to build on this package. It is important that we in the Senate acknowledge that, while native title is inherently complex, it can assist and has assisted in securing meaningful outcomes for Indigenous Australians. To date, there have been over 90 determinations of native title, the majority of which have been reached with the consent of all parties concerned. Nearly nine per cent of Australia’s landmass has been the subject of native title determinations, an area comprising in total more than three times the area of Victoria.

I note that engagement between parties on native title processes can assist in building meaningful and productive relationships which may endure beyond the resolution of specific claims. The current bill offers a means to build on this with a view to achieving more efficient and effective outcomes, which is in the interests of all Australians.