Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment, Senator McAllister. On what date or dates has Minister Plibersek met directly with any members of the Wiradyuri Traditional Owners Central West Aboriginal Corporation—

Honourable senators: 'Wiradjuri'.

I question whether it's 'Wiradjuri' or 'Wiradyuri'. It's actually spelt differently, so I'm just putting that on the record. That is including in relation to the issues associated with their section 10 application against Regis's McPhillamys Gold Project. If she has not met directly with them, can you let us know who has met with them on behalf of the government and on what date or dates?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Thank you for the question. I understand that your question relates to the decision recently taken under the ATSIHP Act by Minister Plibersek in relation to a project in the vicinity of Orange, and it's in response, as you say, to information provided to her by a very, very large number of documents. Can I provide this indication: this decision, as has been communicated, does not mean that the goldmine cannot go ahead. It simply means that an Aboriginal heritage site—

Sue Lines (President) Share this | Link to this | Hansard source

Minister McAllister, please resume your seat. Senator Davey.

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

Point of order on relevance—I am specifically asking for dates of meetings held, not what the project is or whether a goldmine can proceed.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Davey. I will draw the minister to your question. Minister McAllister.

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

I understand that the senator is seeking information about the approach taken by the minister in considering the application, and I'm advised that she carefully considered thousands of pages of documentation. That is the legal obligation of the minister, of course. In these matters and all of the matters that come before Minister Plibersek, she has made it very clear that her first responsibility is to apply the law and to do so in ways that produce sound decisions. I think that members on all sides of this chamber appreciate that Minister Plibersek exercises all the care and diligence that you would expect when applications—legal applications—are put before her.

Honourable senators interjecting—

As has, I think, been indicated to you in interjections, the level of detail you are specifically seeking in terms of dates and times and specific meetings is not information that I presently have with me.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Davey?

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

Minister, in your briefing notes there—following this news breaking last Friday, the lead applicant, Nyree Reynolds, said:

… more than often, we get told our knowledge isn't traditional enough, and we make things up.

Is it in your briefings whether the minister did any due diligence to establish that none of the claims in the application were confected or fabricated, given it was done by the Environmental Defenders Office?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

(—) (): I reject, actually, the premise of your question. As I indicated in my answer to your primary question, Minister Plibersek of course conducts all diligence necessary to make decisions when matters are before her, and, in doing so, she of course relies on the advice of her department, which is exactly the practice that would have been in place when ministers took similar decisions in your government—the government that the coalition was part of. The point that I have made in these questions earlier in the week is that this decision is very similar to a section 10 decision that was made by former minister Ley when she was the environment minister. Former minister Ley made a decision in relation to the same act, in relation to the same legislation, that has been in place since the 1980s in relation to cultural heritage in the central west. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Davey, second supplementary?

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

So what information does the government possess about how many complaints have been made to the Office of the Registrar of Indigenous Corporations about the activities of the Wiradyuri Traditional Owners Central West Aboriginal Corporation?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Senator, I think I have—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I was just trying to understand the question, but I'm not sure that is within this minister's portfolio.

Sue Lines (President) Share this | Link to this | Hansard source

I'm happy to ask Senator Davey to repeat the question. Senator Davey, perhaps you could just reiterate the question and then we can look at the portfolio?

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

Without debating, the question goes directly to the due diligence conducted and whether the minister—

Sue Lines (President) Share this | Link to this | Hansard source

No—just repeat the question, thank you, Senator Davey.

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

The question is: what information does the government possess about how many complaints have been made to the Office of the Registrar of Indigenous Corporations about the activities of the Wiradyuri Traditional Owners Central West Aboriginal Corporation?

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Davey. Minister Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator, Davey, I will concede if I'm wrong, but I didn't think that that's an entity within the representing minister's portfolio.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

President, still on the point of order: I think Senator Davey did clarify, at the commencement of restating the question, which does go to the due diligence undertaken by the minister that Minister McAllister is representing in the decision that was made and that that due diligence should extend to awareness, given the representations of this entity of the credibility of that entity.

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

With respect, that submission is not on point. The office that is referred to is not in this minister's portfolio. I understand it's in the portfolio—

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

But it's a government office.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Well, not everything in government is with one minister. I'll take the interjection. As I understand it, Minister McCarthy has said that that's in her portfolio. You have to change it.

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order! I am advised by the Clerk that the question does go to ORIC. That's my interpretation; that's not what the Clerk said to me. Therefore, it is not within Senator McAllister's portfolio but, as I have always done on occasions when senators ask questions outside a portfolio, I'm happy to ask Senator McAllister to make a statement, if she wishes to, about Senator Davey's question. Senator Davey, do you have a point of order?

Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Link to this | Hansard source

I will reframe the question. Was the minister aware of any complaints that may have been made about the activities of the Wiradyuri Traditional Owners Central West Aboriginal Corporation?

Jenny McAllister (NSW, Australian Labor Party, Minister for Emergency Management) Share this | Link to this | Hansard source

Thank you to Senator Davey for rephrasing her question. I can say this: the minister took evidence from a number of groups, including of course the Orange Local Aboriginal Land Council and the Wiradyuri Traditional Owners Central West Aboriginal Corporation. I am aware that evidence was provided by at least both of those groups. The minister's obligations in all matters before her are to observe the law, and, as she has made clear on many occasions in relation to many matters, she is diligent in her approach to those issues. The minister has always considered that her first obligation is to take these decisions in a way that produces a sound legal decision, and I am sure that she has done so on this occasion also.