Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

I rise to speak on the Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Bill 2022. This bill brings so much that's needed in the way of change to a unique jurisdiction—that is, Jervis Bay. Jervis Bay sits in New South Wales, but it actually falls under the ACT's laws, although it is not part of the ACT. But their federal member is the member for Fenner, who is in the ACT, so it is actually a bit of a strange situation. They don't vote in the state or territory elections, and this means that the Commonwealth has a unique responsibility to the area. What this bill seeks to do is to improve the council's governance and corporate operations with a number of changes. It will amend outdated and unclear provisions and remove them altogether to provide more clarity on this act. The bill is also to amendment the payment amount for which the Wreck Bay Aboriginal Community Council needs to seek approval before entering into a contract from $100,000 to $1 million, which will bring it into line with other land councils around the country, and to facilitate homeownership-style leases, where leases with terms of 40 years or more will be exempt from the ACT's Residential Tenancies Act.

While the Greens support this bill, we believe it could have gone further in placing the rights of traditional owners front and centre because ultimately that is what we First Nations people have been fighting for and there is so much that needs to be done in this space to ensure the equity of First Nations people across the country, so that is an issue that is much bigger than just the piece of legislation that we currently have before us. We have heard from stakeholders that this bill is more focused on streamlining processes, rather than strengthening the rights of traditional owners. I want to be clear that they are not mutually exclusive. Both streamlining processes and strengthening the rights of traditional owners can and should happen at the same time.

This act needs modernisation, which this bill provides, and, despite the concerns that this bill does not go far enough in strengthening those traditional owners' rights, there has been a long consultation co-design process. This is welcomed, and the Greens would like to ensure that this happens for all pieces of legislation regarding First Nations people and it is not just about consulting a voice after we have a successful referendum. There is more work to do to have the ability to reach out at a community level. Legislation needs to be created alongside the people it will impact so that they can tell the government directly what is not working and what needs to be changed in the areas where there are unintended consequence because these should be taken into consideration and fixed. It is so important that we are beginning to truly draw on how First Nations culture can operate alongside and within to improve Commonwealth law.

I want to acknowledge the role that the Wreck Bay Aboriginal Community Council plays, particularly in the Jervis Bay Territory. Under the act that this bill is seeking to amend, the council has responsibility for areas such as housing, education, heritage and employment. Council is doing quite a lot, and so it is vital that it has the appropriate processes and governance in place to ensure it is able to fulfil these obligations and responsibilities for the benefit of the First Nations community. One particular need within the community is housing because so much of the housing stock in the Wreck Bay community is, in fact, not up to standard. This is, unfortunately, all too common for First Nations communities across Australia. It's estimated that $60 million worth of work needs to be done in just the upgrades to housing in Wreck Bay alone. It's all well and good that this bill seeks to help people to have homeownership-style leases; however, there must be good-quality and well-maintained houses for people to move into. As you know, we are in a devastating housing crisis. Yet, the government's bill will see the crisis gets worse. Instead of coming to the table in good-faith negotiations, we're seeing the government playing games on this one.

The Greens are calling for an immediate freeze on rent increases for two years and a limit on rent increases after that, so people aren't faced with eviction due to unfair rent hikes. The Greens are also calling on the government to continue to invest at least $2.5 million a year for the building of public and genuinely affordable housing to ensure we are not only clearing the waitlist for public housing but are providing good-quality housing as rent subsidised homes. This includes First Nations communities around this country. Labor's plan will make the rental and housing crisis worse—there's been little mention of the needs of First Nations housing in places like Wreck Bay—right across the country, particularly in regional and rural Australia. The Greens won't stop fighting on behalf of tens of thousands of people in rental stress that will be left behind under the government's current housing policy.

The Greens hope that this bill will provide the Wreck Bay Aboriginal Community Council with the updated processes it needs to conduct its business efficiently and for the benefit of its community. We look forward to further measures to improve First Nations rights.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I rise to speak to the Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Bill 2022. This bill doesn't deal just with governance arrangements for the Wreck Bay community but also, importantly, with housing in a community which has been confronted by very poor standards of housing for a long time. The bill introduces changes to long-term leases to establish ownership-style leases.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Senator Thorpe, can I ask you to take your take your seat? While I acknowledge the beauty of the flag that you're wearing, I think it would be good if you had a jacket that you might be able to pop on.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

You've got two flags behind you, with all due respect. I wasn't aware that the Aboriginal flag wasn't allowed in the Senate chamber.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

I'm delighted that it's actually here. But that you're wearing it is a little different from it being in the chamber. I just draw your attention to that. Perhaps the President might have a view on that. I'll give you the call to continue your remarks.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

It's just that I have a tattoo of an Aboriginal flag on the back of my arm as well, which I won't be able to remove. So, where do we draw the line?

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

That's a very good question. I will seek the advice of the President. Please continue your remarks. Thank you.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Thank you. This bill introduces changes to long-term leases to establish ownership-style leases. The affected properties will hereby become exempt from the ACT's Residential Tenancies Act, and the WBACC will no longer hold responsibility for necessary maintenance and repair of these properties. This caused concern in the community that properties, many of which are in very bad shape, would be handed over into these new homeownership-style leases, with the tenants then being responsible for potentially very extensive and costly repairs and maintenance. I'm therefore glad that the government reacted to the concerns raised through an allocation of $45.1 million over eight years, to 2031-32, to rectify the disrepair in these houses. The government has also provided a reassurance that it will cover any repair costs required beyond that commitment, as we know that estimated costs go well beyond. I would like to note, though, that after that it will be the responsibility of the tenants of these long-term lease properties to maintain them. This could be still challenging in a community that already struggles. I will not be moving my amendments today as the concerns I have raised have been addressed by the government and partially included in the government amendments we have before us today, which I will support.

I thank Minister Burney and her office for the constructive collaboration on the proposed changes and the consultation undertaken with the Wreck Bay Aboriginal Community Council on these matters. A key change is that, in a community where most members currently don't hold written leases, lease granting must be done in writing and include the terms of the lease and any other conditions. This will help provide certainty and clarity around the terms. Overall, I am hopeful that the changes in the bill will have a positive impact on the Wreck Bay community, and I'm glad that longstanding concerns around the quickly deteriorating and substandard quality of housing are finally being addressed.

Carol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | Link to this | Hansard source

I thank senators for their constructive contributions in this debate. The bill strengthens local governance and decision-making and assists the council with issuing homeownership-style leases. If community members wish to do so, they can take out a lease that will provide the intergenerational benefits of homeownership. The council has advised that it will offer these leases when houses are in a reasonable state of repair. I'm delighted that the government recently committed $45.1 million so that all houses in Wreck Bay village can be upgraded and new houses constructed. This housing investment will be rolled out in a partnership between government and the council and will deliver local employment opportunities.

I'd like to thank the Senate Standing Committee for the Scrutiny of Bills and colleagues across this chamber for their suggestions, which resulted in the four government amendments. Finally, I want to acknowledge and thank the community, particularly the council board members past and present, for working with the Australian government to jointly design these reforms. Some reforms were proposed by the community; others were suggested by government. Every reform in this bill, including the government amendments, has been explicitly endorsed by the council board. It is an example of shared decision-making under Closing the Gap. I table an addendum to the explanatory memorandum relating to this bill and an addendum in response to matters raised by the Senate Standing Committee for the Scrutiny of Bills.

Question agreed to.

Bill read a second time.