Nick Sherry (Tasmania, Australian Labor Party, Minister for Superannuation and Corporate Law) Share this | Hansard source

The Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008 makes amendments that consolidate the legislative framework for the Northern Territory emergency response, which was enacted last year. Notably, it delivers on the government’s election commitment relating to the permit system for major communities in the Northern Territory and extends the pornography measures previously enacted.

In summing up the second reading debate on the bill, I would like to thank all senators for their contribution on this important legislation. In particular, I would like to acknowledge the contribution from the crossbenchers. Senator Siewert raised the important issue of the application of the Racial Discrimination Act. This government is firmly committed to the Racial Discrimination Act and will not make any laws that are inconsistent with the principles of that act. That is why we have carefully crafted this bill to ensure that there are no new provisions which exclude the operation of the Racial Discrimination Act. The independent review board considered the issue of the application of this act in the review of the Northern Territory emergency response measures. The government takes the view that the NTER will not achieve robust, long-term outcomes if measures do not conform with the Racial Discrimination Act. The minister has announced that legislative amendments to bring existing NTER legislation within the scope of the Racial Discrimination Act will be introduced in the spring parliamentary session next year.

Senator Siewert sought assurances from the government about the use of ministerial authorisation to allow classes of persons access to Aboriginal land without a permit. The ministerial authorisation provision was inserted by the previous government and is refined by the bill now before the Senate. The minister intends to use the power to allow journalists access to major communities without a permit to report on events. The Department of Family, Housing, Community Services and Indigenous Affairs has consulted with the land councils on the wording and the nature of the ministerial authorisation allowing journalists access. These consultations have included the land councils and the Media Entertainment and Arts Alliance. I can convey to Senator Siewert that the minister has committed to consulting appropriately in the event that future ministerial authorisations are made. These consultations will, of course, include talking to the land councils.

Thank you, also, to Senator Xenophon and Senator Fielding for their contributions. I acknowledge the extensive workload that these senators are undertaking on the consideration of critical public policy issues. In response to Senator Xenophon’s request for more time to consider these critical issues, the government agreed to delay the detailed committee stage of the bill so that the senator could fully consider the important legislation we are putting forward. I also want to acknowledge the constructive discussions that have been held with Senator Fielding on the issues raised in this legislation. We now call on Senator Xenophon and Senator Fielding to make the right decision based on the practical importance of this legislation for Aboriginal people in the Northern Territory.

Before summing up the bill in detail, I would like to specifically address comments from the Liberal opposition about the permit system and the trafficking of alcohol into communities. Media reports that the permit system does not prevent alcohol entering prescribed areas are misconceived. It has been suggested that permits are unnecessary because most alcohol is brought into prescribed areas by Aboriginal people. This shows a misunderstanding of the permit system. Senators opposite may not realise that the permit system can operate to exclude Aboriginal people who are not traditional people from an area in appropriate circumstances.

The Northern Territory Police Association has stated that the permit system does play an important role in policing these communities and keeping out grog and drug runners. The government recognises that permits are only one tool in the fight against grog running. More police are also essential to keep out the alcohol and drug runners. That is why we are putting more police into remote communities to address the rivers of grog described in the Little children are sacred report.

The Liberal opposition has muddied the waters on the important issue of combating substance abuse. The previous government introduced amendments to abolish the requirement for people to seek permits prior to visiting alcohol communities. The current government, however, does not think these amendments contribute to the emergency response. In the view of this government, Indigenous people should, like other Australians, be able to decide who can enter their land. This bill honours our election commitment—let me re-emphasise that: this bill honours our election commitment—to revoke the public access permit changes introduced by the previous government. As part of this measure, the bill will clarify the power of the minister to authorise people to enter Aboriginal land. When the bill is passed, the government will make sure that journalists are able to enter communities for the purposes of reporting on events in those communities. This will be achieved by means of ministerial authorisation.

The permit changes in the bill before the Senate include in the legislation an explicit reference that the minister may not authorise entry to a sacred site under the ministerial authorisation power. This flows from a suggestion made by the Australian Greens during the inquiry into the bill by the Senate Standing Committee on Community Affairs—a suggestion with which the government has agreed. Similarly, the government has agreed to a request from the Northern Territory government to extend to candidates for local government elections the existing exemption from permit requirements for candidates for federal and Northern Territory Legislative Assembly elections.

Last year’s major legislation included prohibitions on the possession, control and supply in prescribed areas of certain pornographic material. To address a further area of concern expressed by Aboriginal people in the Little children are sacred report about R-rated material available through pay television subscription, this bill makes further amendments that are in addition to the provisions enacted by the previous government in 2007. The X- and R-rated pornography bans introduced by the former government remain firmly in place. This bill extends the former government’s measures to pay TV R-rated material. It does not usurp or replace them.

The Broadcasting Services Act 1992 and the Northern Territory National Emergency Response Act 2007 are being amended to establish a new class licence condition for subscription television narrowcasting service licences. The new condition will prevent these licensees from providing subscribers in a community declared by the Indigenous affairs minister with access to a subscription television narrowcasting service declared by the communications minister. So that services like the pay TV World Movies channel can continue, services cannot be declared unless they transmit more than 35 per cent of R18+ program hours over a seven-day period.

A community cannot have its access to the television service restricted unless it is in a prescribed area under the Northern Territory National Emergency Response Act 2007. Also, the restriction will depend on the Indigenous affairs minister being satisfied, following consultation, that the restriction is appropriate. A restriction can be requested by any one person in a community or on behalf of any one person. Community agreement is not required and the minister makes a decision having regard to the wellbeing of women and children. Consistent with the pornography amendments already made to the Classification (Publications, Films and Computer Games) Act 1995, the new arrangement will include a five-year sunset provision.

The R-rated pay television provisions in this bill now include minor workability improvements recommended by the industry and raised by the Senate Standing Committee on Community Affairs. The provisions, as presented to the Senate, cut red tape by allowing industry to self-declare an R-rated service and improve the record-keeping requirements. The alcohol bans under the emergency response make allowance for alcohol to be transported through a prescribed area to a destination outside the area. For greater consistency with the alcohol bans, this bill will amend the Classification (Publications, Films and Computer Games) Act 1995 to allow prohibited pornographic material to be transported through a prescribed area to a destination outside the prescribed area; thus, industry members conducting their business will be able to transport goods lawfully to areas that are not prescribed. This will mirror the existing alcohol related provisions.

Lastly, the bill will make sure that if a roadhouse effectively takes the place of a community store in a remote area, it can be properly treated as a community store in having to meet the new licensing standards introduced last year. The new community store’s licensing regime is intended to ensure that community stores meet minimum standards and also gives assurance that stores have the capacity to participate in income management. When a community substantially relies on a roadhouse for grocery items and drinks, the roadhouse should be able to be part of the scheme applying to community stores. In other cases, roadhouses will continue not to be regarded as community stores.

As the government has made very clear, we are committed to closing the gap between Indigenous and non-Indigenous Australians on life expectancy, educational achievement and employment opportunities. The government is keen to work in partnership with Indigenous communities and the Northern Territory government to tackle the problems of child abuse and improve the prospects of Indigenous children and their families. We are also committed to an evidence based policy. We have now had the report from the independent review of the Northern Territory emergency response. The review board found that the emergency response is making some important progress. To name a few important achievements: families in remote communities report feeling safer because of the increased police presence; there is a reduction in alcohol consumption and there are additional night patrols and safe houses; women say that income management means that they can buy essentials for their children such as food and clothes; school nutrition programs are running, and child health check-ups and follow-ups are being conducted.

The existing legislation for the Northern Territory emergency response contains provisions for income management, changes to land and housing arrangements and changes improving law and order and the safety and wellbeing of children and their families. The legislation also contains provisions which deem the measures to be ‘special measures’ and exclude them from the operation of part II of the Racial Discrimination Act 1975. Given our commitment to maintaining the overall direction of the emergency response and to focus on effective implementation, the bill contains some amendments to existing measures which continue to be covered by the operation of the racial discrimination provisions in the legislation for the Northern Territory emergency response. Importantly, the bill contains no new provisions which exclude the operation of the Racial Discrimination Act. The new R18+ measures have been designed as special measures and do not have a provision excluding the operation of part II of the Racial Discrimination Act. The government intends, in the spring 2009 sittings of the parliament, to introduce legislation to lift the RDA suspension. I thank senators for their contribution.

Question agreed to.

Bill read a second time.