Scott Ludlam (WA, Australian Greens) Share this | Hansard source

The suspension of the Racial Discrimination Act under the NT intervention legislation was actually one of its most disturbing aspects and the one that attracted the most criticism. The Greens have been vocal in our opposition to the suspension of basic human rights in the Northern Territory. My colleague Senator Siewert introduced a private senator's bill to reintroduce the RDA into the intervention based on the recommendation of the Aboriginal and Torres Strait Islander Social Justice Commissioner.

We continue to believe that the approach by the current government does not meet our human rights obligations under the RDA. The government is seemingly attempting to rely on the measures in this bill being special measures for the purposes of the RDA. However, in law, to meet the criteria of special measures legislation must provide a benefit, it must have the sole purpose of securing the advancement of a group so that they can enjoy human rights equally with others, it must be necessary for the group to achieve that purpose, and it must stop once that purpose has been achieved. It is also necessary for consultation to have occurred and for consent of the groups to have been sought and obtained. As former Aboriginal and Torres Strait Islander Commissioner Tom Calma has written:

Measures taken with neither consultation nor consent cannot meaningfully be said to be for the ‘advancement’ of a group of people, as is required by the legal definition of ‘special measures’.

If these measures are intended to be for the advancement of people, there seem to be a lot of very unhappy people who do not approve of being advanced in these particular ways.

As you have heard from my colleagues and me this evening, serious concerns about the level and quality of consultations with the Northern Territory Aboriginal communities have been raised by many. Furthermore, as has been made abundantly clear from statements of opposition mentioned in this debate, and brought before the Senate inquiry, and brought before the public's attention in recent days—and I am sure by email and phone call to all senators in this place—the measures in this bill do not have the consent of the affected communities and, quite frankly, if they did we would not be here.

I indicate that the Greens appreciate the intent behind the amendment and that we will be supporting it. We appreciate that the government has sought to clarify it. Before we propose that the question be put, I will seek some clarification: is it the government's intention that the Racial Discrimination Act applies in full to the act, subsequent to this amendment being passed?