Senate debates

Thursday, 15 August 2024

Committees

Legal and Constitutional Affairs References Committee; Report

4:12 pm

Photo of Paul ScarrPaul Scarr (Queensland, Liberal Party, Shadow Assistant Minister for Multicultural Engagement) Share this | Hansard source

I present the report of the Legal and Constitutional Affairs References Committee on Missing and murdered First Nations women and children, together with accompanying documents, and I move:

That the Senate take note of the report.

At the outset, I note that this inquiry was established following a motion moved by Senator Cox. This motion was supported by both the government and the opposition. Hence, this issue has received the scrutiny it has only because of that initial motion moved by Senator Cox. Senator Cox's passionate advocacy in relation to this issue should be greatly respected and admired.

At the conclusion of its two-year inquiry, the committee is humbled, and indebted to the families who relived their experiences and discussed the abuse, violence and trauma they have suffered, and the failure of institutions and systems tasked with protecting them. Their strength and resilience, as well as their fight for justice—in some cases, over decades—are inspiring.

For many First Nations women and children who have been murdered or disappeared, there has been little, if any, justice. In too many instances, perpetrators have not been held to account for their shocking crimes. In the cases considered by the committee, what happened to these women and children was reprehensible. Often, it was predictable and preventable.

The committee, following its deliberations, makes the following recommendations:

Recommendation 1

The committee recommends that federal, state and territory governments codesign with First Nations families and communities, and on behalf of all Australians, a culturally appropriate and nationally significant way in which to recognise and remember the First Nations women and children who have been murdered or disappeared.

Recommendation 2

The committee recommends that the Attorney-General tasks the Police Ministers Council to review existing police practices in each jurisdiction, consider the learnings from each jurisdiction and aim to implement and harmonise best police practices across Australia by no later than 31 December 2025, with the goal of ensuring all interactions with First Nations people are consistent and of a high standard, including standards of cultural awareness and safety.

The report lists particular matters which should be considered in this regard.

For recommendation 3, the committee recommends that a parliamentary committee, 'or such other appropriate body, monitors progress in meeting recommendation 2 and the progress of measures' adopted by the government to address 'discernible data gaps' in this area.

It continues:

Recommendation 4

The committee recommends that the Australian government appoints a First Nations person with specific responsibility for advocating on behalf of and addressing violence against First Nations women and children within the Domestic, Family and Sexual Violence Commission. Detailed consideration should be given to the way in which the position is created within the … Commission … the powers of such position and the necessary funding for such position to maximise effectiveness.

Recommendation 5

The committee recommends that the Australian government urgently gives effect to the relevant recommendations in the Independent Review of the National Legal Assistance Partnership 2020-2025 … and specifically addresses the need to increase the geographic spread and capacity of Family Violence Prevention Legal Services.

For recommendation 6, the committee recommends that the government develop:

… for implementation, a sustainable funding mechanism to provide ongoing support services for First Nations people, including women and children, experiencing domestic, family and sexual violence. This funding must prioritise service and program delivery by Aboriginal community-controlled organisations who demonstrate evidence-based primary prevention initiatives that are independently evaluated for efficacy, including for delivery in regional and remote areas.

The report continues:

Recommendation 7

The committee recommends that the Australian government empowers First Nations women to lead the design and implementation of services and supports that address violence in their communities … reflecting the principles contained in the United Nations Declaration on the Rights of Indigenous People.

Recommendation 8

The committee recommends that:

    the government—

    (noting the independence of the ANAO), as part of its Annual Audit Work Program 2025-2026, to assess whether the department is effectively delivering on the commitments agreed by the Australian government under the:

            It also recommends 'not later than six months after the conclusion of any ANAO audit' that the Senate directs a parliamentary committee to consider the findings of such audit and assess the response to the audit.

            It continues:

            In the event that—

            given its independence—

            the ANAO declines to undertake the audit, then another independent body should be tasked with conducting the audit on the basis referred to above.

            Recommendation 9

            The committee recommends that the Australian Press Council considers and reflects on the evidence given in this inquiry, with regard to how the media portrays cases of murdered and disappeared First Nations women and children, and considers how the concerns of First Nations communities and families can be positively addressed, including through the introduction of additional Standards or Advisory Guidelines or amendment of the existing Standards and Advisory Guidelines.

            Recommendation 10

            The committee recommends that the Australian government systematically considers the many recommendations and suggestions made to this inquiry. This includes recommendations relating to:

                    In closing, I deeply acknowledge the work of all senators on the committee. I deeply acknowledge the contribution made by those persons who made submissions to the inquiry and those who appeared as witnesses. I also deeply acknowledge the contribution made by the secretariat and Broadcasting to the conduct of the inquiry. I'll be making a further contribution in this place to place on the record the names of those involved from both Broadcasting and Hansard.

                    I commend the report to the Senate.

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