Nick Xenophon (SA, Independent) Share this | Hansard source

I apologise, Senator Crossin. But I think the principle is the same—that, with respect to permits, there is still that discretion and that power on the part of the permit-issuing authority to delay the issue of a permit to any individual. I spoke to two journalists who had a real complaint about getting access to lands when they were aware of some issues that they believed it would be in the public interest to reveal.

There is a claim in relation to the permit system that it can be manipulated by those people who have the power to issue the permits. There have been allegations. I hope Senator Scullion does not mind me mentioning this. There was a claim made with respect to a person whose permit was revoked, and that may have been linked to that person’s political affiliations or getting CLP endorsement. I have not checked the veracity of that. I am not doubting Senator Scullion, but I am concerned that that power can be abused to issue permits, and the key issue here is one of policing. I understand the arguments, but my concern is that the principal arguments that have been put to me in relation to the permit system about undesirable elements can be dealt with by adequate policing and adequate resources—that, on balance, in terms of policing powers, if there are undesirable elements, the police can pull over vehicles and make inquiries. There has been a degree of misinformation in some quarters of communities that this goes even beyond public roads, public buildings and the actual townships to sacred sites. That is not the case.

Senator Crossin has expressed a concern that this is the thin end of the wedge in relation to the abolition of the Northern Territory Land Rights Act, or indeed that that the Northern Territory Land Rights Act could be put under the control of the Territory parliament. I do not support that. That is not my position and I would not support that. So, on balance, I cannot support the retention of the permit system in its current form. It is a vexed issue, it is a difficult issue and it is an issue that I have struggled with. But I believe that there are safeguards in place with adequate policing, and that the permit system has not worked insofar as it has protected, in some cases, people who have done the wrong thing from appropriate levels of scrutiny. I believe that where there is common ground is the belief that these communities do need significantly more resources to deal with huge issues of social disadvantage. The fact that there is still a very significant gap between the life expectancy of Indigenous Australians and non-Indigenous Australians is a matter of great shame. That is my position. I expect I will be criticised for it in some quarters, but it is the best decision I could reach in good conscience.