Andrew Bragg (NSW, Liberal Party) Share this | Hansard source

I would like to make remarks about the amendments to the land rights act. I note that these are strongly held views by people in this chamber. I would say that all the contributions I have heard so far are valuable. I would prefer that more people took a view about these things, because they are very important. The land rights system we have, which was put in place in 1976 by the Fraser government, was the culmination of a lot of advocacy from Indigenous people over many decades which had been rebuffed again and again. When you go back and talk to people like Ian Viner, who was the minister at the time in the Fraser government, who put in place the '76 Land Rights Act, with bipartisan support from the Labor Party, I don't know that there would have been any prospect that you would come to 2021 and more than half the Northern Territory would be controlled by Indigenous people through these land councils. That is a very, very significant turnaround over just a few decades.

I have to say, in preparing this contribution, it occurred to me that when this parliament does make laws for Indigenous people—and Indigenous people are the only group of Australians who have an extensive set of laws made by this parliament for them—we could do a better job of consulting with them. I don't know that we get all the information that we should have when we consider these amendments, and that has been my view since I've been here for these past two years. Last year we considered a bill to amend the Native Title Act, and I'm not sure that we really knew what the views were about that on the ground. I think that is a great shame, and it is one of the reasons I have been of the view that we should put in place a formal consultation mechanism, a voice—call it whatever you like—that is clearly missing in this system of government in Australia. I am anxious and keen that we get that right, because we should hear the voices of people on the ground. There should be the opportunity for people to have special laws made for them to have their say.

In relation to this particular bill—and I understand that it has been the culmination of three or four years of work—I understand that there has been significant consultation with the two major land councils in the Northern Territory and with the 14 constituent bodies, and there is very strong support from the land councils. As far as I can see, there is strong support from their constituents as well. Mixed views about this have been expressed in the parliament today, and I respect that. That has not been raised with me prior to this contribution. In fact, the information I have is that there is strong support amongst the land councils. I understand that the land councils aren't the traditional owners, but my understanding is that they have undertaken significant consultation. Minister Wyatt, who is the first Indigenous person to serve in the cabinet of Australia and to serve in this portfolio, is very committed to consultation and very committed to co-design, as has been his mantra whilst in office.

This bill effectively does three things. It establishes a new entity, the Aboriginal Investment Corporation. It puts in place some corporate governance changes and amends the control and consent arrangements for access to land. I think it's a very good concept to move to an investment approach. I think it's a very good opportunity for Indigenous people to take more control of their assets, their land and their capital, and the removal of ministerial discretion and the removal of ministerial oversight for some of these things is exactly what we should be doing. If one thing is for sure in this area, it is that paternalism has not worked, so anything we can do to empower people on the ground to run their own affairs in the way they would wish is absolutely desirable. I think these will be seen as landmark reforms in years to come.

Of course, there are different rules and laws that apply to the land council system. It has often been said that Indigenous Australians should have access to freehold title, to the same economic opportunities as non-Indigenous Australians, and I think that's right. We want to ensure that Indigenous people have every opportunity to fully participate in the economy of Australia and the world, and anything we can do to drive control of these investments—which is what they will be—is a good thing. But we also want to make sure that individuals can access freehold title in time.

These laws build on a very important tradition in the Australian legal system that commenced in 1976 with land rights, which is that the parliament will enact laws for the benefit of Indigenous people. I think that has been a long-held commitment. What we have failed to do in the past is to properly consult Indigenous people on how those laws are to be made and are to be amended. I believe this is a very good example of why you need to have an Indigenous voice, why you need to formalise consultation on these special laws—because no other Australians have special laws like this, and we are running more than a dozen special laws on the books here in Canberra for Indigenous people. So, the way that we consult people on these special laws is important.

I regret to say there is a lot of ignorance about some of these issues and about the legal system we have in Australia as it applies to Indigenous people. So, as a liberal principle, I would say denying people a say over special laws is fundamentally illiberal and that's why I am committed to improving consultation with Indigenous people. But, having said all that, these particular provisions will improve opportunities for people on the ground in the Northern Territory, and I look forward to more commitment to consultation and co-design in the future.