Trish Crossin (NT, Australian Labor Party) Share this | Hansard source

On behalf of the Senate Legal and Constitutional Affairs Committee, I present the report on the Stolen Generation Compensation Bill 2008 together with the Hansard record of proceedings and documents presented to the committee.

Ordered that the report be printed.

by leave—I move:

That the Senate take note of the report.

I want to begin my comments on the report by acknowledging, in this chamber, Senator Bartlett. I know that he is leaving the Senate in the coming weeks, but I think this is a timely occasion to put on record my acknowledgment and the acknowledgement of quite a number of Indigenous people around this country of his efforts and the concentration of issues that he has brought to this chamber in the matter of not only stolen wages but also the Stolen Generation Compensation Bill 2007. I want to acknowledge that work. Quite clearly, the overwhelming evidence from the comments made by witnesses during our hearings was applause for Senator Bartlett’s initiative in introducing the bill as well as broad support for the provisions in the bill. So I think this is a timely occasion to recognise your work, Senator Bartlett.

I also want to thank the Legal and Constitutional Committee and its staff—Peter Hallahan and particularly Julie Dennett—for their work in conducting the three hearings into this bill and for the way in which they dealt with the subject matter. This has been a difficult matter to deal with, and I want to acknowledge the many stolen generations organisations that presented evidence, including in camera evidence, to our committee and the emotional stories that we heard. There is a depth of feeling concerning the still unresolved issues that members of the stolen generation have in relation to this matter. We have read about this matter, we have acknowledged it and we have listened to people in Darwin and Sydney talk about it at public hearings.

I think it is also timely to acknowledge the work of the Public Interest Advocacy Centre, the Australian Human Rights Centre and of course the Human Rights and Equal Opportunity Commission. In this country these three bodies keep issues such as this alive within our public awareness and keep this parliament and this chamber aware that there are still matters in relation to Indigenous people and the stolen generation that are yet to be resolved. This is one such matter.

Let me just turn now to the report, because I know that there is a lot of interest in what this report will bring and, in particular, in our recommendations. The primary purpose of the bill was to address the compensation for the stolen generation of Indigenous people and children in this country by proposing a compensation model for ex gratia payments to be made to Aboriginal and Torres Strait Islander persons found to be eligible for such payments under the bill. It is an issue that has been around since HREOC tabled the Bringing them home report in May 1997. Of course, one of those recommendations was that reparations should be made to all Indigenous people who suffered because of the forced removal policies.

Many of the people who gave evidence to the committee during this inquiry certainly supported the bill and recognised its symbolism as an acknowledgment of the harm incurred by members of the stolen generation and the importance of providing appropriate redress for that harm. It would be fair to say that every submission we received, apart from those from the federal government departments perhaps, but certainly every submission from individuals from the stolen generation and from major advocacy groups, believed that this was the next step after the formal apology that was given by the Prime Minister earlier this year. While there was absolute gratitude, acknowledgement and welcoming of that apology, people now want to see this government take the next step in relation to the treatment of the stolen generations.

To that extent, I believe that the recommendations of this report take that next step and acknowledge the work that Minister Macklin and the Prime Minister are doing in relation to the people of the stolen generations. There has now been a reference group established that consists of members of the National Sorry Day Committee and members of the Stolen Generations Alliance. That working group is now working with ministers in this government. Our report actually takes that concept and perhaps pushes the envelope a little bit further in terms of what that group could now do.

We do not recommend that the Stolen Generation Compensation Bill be taken any further. We do not recommend that the bill in its current form be endorsed or pursued by the Senate. We do acknowledge that there are many recommendations of the Bringing them home report that have not been implemented. The recommendation in relation to compensation is one of them. We do recommend that all of the outstanding recommendations need to be resolved by governments. We do recognise that in fact the working group that has been established by this government—which, as I said, consists of members of the National Sorry Day Committee and the Stolen Generations Alliance—would be the most appropriate body to pick up the Bringing them home report, examine it, possibly audit the outstanding recommendations and probably even monitor the recommendations that have been put in place. They are now the most suitable auspicing body in this country to look at what is outstanding from the Bringing them home report.

We did receive evidence suggesting that there are some difficulties relating to various aspects of this bill, which is why we have not recommended that it should not proceed. But we do not want to detract from the intention of the bill, which is that it further acknowledges the harm endured by members of the stolen generation and, in actually acknowledging that harm, that something else needs to occur through compensation, reparation, additional initiatives and incentives to address their pain and suffering. The bill is certainly a very useful starting point for future discussion on the issues of reparations for members of the stolen generation, but we do think that a holistic, nationally consistent approach is the most appropriate means of addressing the specific needs of members of the stolen generation and actually providing an effective model of healing.

We have recommended, therefore, that a national Indigenous healing fund be established. We actually believe that this would be a way in which a more holistic, broader approach to the issues of reparations can be dealt with in this country. We do believe that the Canadian Indian Residential Schools Settlement Agreement actually provides some models and at least a starting framework for consideration of the development of any reparations scheme. I believe a national body to implement healing initiatives would be very useful in the Australian context and that is now where we are at in this country—that is, the establishment of a national Aboriginal healing fund or a healing foundation.

I notice that in the latest edition of National Link-Up News, which came out in May, the co-chair of the Stolen Generations Alliance said she believes a healing fund should be funded by governments, churches, trusts, foundations and the Australian community. This news leaflet says that it would make available valuable information on services and would carry out research to improve those services. It would support established stolen generations organisations, enabling them to develop the vital role they play in healing. We do also suggest in our report that the parameters and framework of that healing fund would be adopted or driven by this working group. Finally, can I say that a further additional recommendation is that there be a specific and additional amount of money set aside in the Closing the Gap fund, not just as an extension of that fund but as discrete funds over and above that initiative to address the concerns of these people.