Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

My question is for the Minister for Indigenous Australians, Senator McCarthy. On 29 August the minister released an independent report into the Anindilyakwa Land Council's progress towards addressing issues raised in a performance audit conducted by the Australian National Audit Office. Can the minister please explain what action has been taken to improve governance arrangements for the Anindilyakwa Land Council?

Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Link to this | Hansard source

Last year, the Australian National Audit Office, the ANAO, conducted a performance audit of the Anindilyakwa Land Council. This report is to be tabled in parliament. In late August I received the independent report on the Anindilyakwa Land Council's progress in addressing recommendations made by the ANAO. The report shows the ALC governance and operations remain deficient. Although the ALC's board have acknowledged these findings and remain committed to implementation, their lack of progress is unacceptable.

In response to the independent review findings, I took several steps immediately after receiving the report. I wrote to the ALC board on 29 August to ensure the board and voters were aware of the review's findings ahead of ALC board elections, which took place on 3 September. I've taken the unusual decision to withhold approval for the ALC's 2024-25 budget. Instead, I have approved an operational budget until 1 December this year. The full budget will only be considered when ALC has demonstrated it is sufficiently prioritising and implementing the recommendations of the ANAO report. I have asked the NIAA integrity unit and the new ALC board to meet as soon as practicable after the election results are finalised to discuss the review and the board's role in implementing the ANAO recommendations. I've made sure that the full independent review report is available on the NIAA website to ensure transparency of the review, its findings and recommendations, particularly in the lead-up to the ALC elections.

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

Senator Pratt, first supplementary?

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Thank you, Minister, for your response to the issues raised in the independent report. I'm pleased to hear of the prompt action you've taken to ensure the Anindilyakwa Land Council is moving to implement the recommendations of the ANAO report and to improve governance and performance so it can best support the traditional owners it represents. In that context, please, Minister, can you share with us what is being done to strengthen governance arrangements for this and other land councils?

Opposition senators: Time!

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

Order! Senator McKenzie and other senators, I'm in charge of the time, not you. Minister McCarthy.

Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Link to this | Hansard source

Thank you, President—good to see they're awake over there! I take land council governance very seriously, and, to those who are calling for an audit of land councils, I do remind the Senate that in the Northern Territory last year there wasn't just one audit; there were four—

Kerrynne Liddle (SA, Liberal Party, Shadow Minister for Child Protection and the Prevention of Family Violence) Share this | Link to this | Hansard source

Let native title holders speak!

Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Link to this | Hansard source

four audits of land councils by the Australian National Audit Office. I'll pick up on that interjection. I'm more than happy to provide that briefing for you, Senator Liddle, as I did for the Greens and for Senator Pocock. But the Attorney-General, Mark Dreyfus, has referred that very matter to the Australian Law Reform Commission. So you are very welcome, Senator Liddle—very welcome—to attend that and be briefed on what the Australian Law Reform Commission is doing, and I'm more than happy to arrange that for you.

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

Senator Pratt, second supplementary?

Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

Thank you, Minister, for confirming the government's commitment to land councils operating with integrity. The integrity of land councils is critical to a well-functioning land rights and native title system. Can the minister please explain why land council governance is so important, and what you are doing to support it?

Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Link to this | Hansard source

I do appreciate the questions from Senator Pratt. We all know that, without good governance, land councils cannot deliver on their purpose, and there are areas where their governance can be improved, which is why I've told the Senate what has happened with the Anindilyakwa Land Council. However, we know exactly where these areas are because they are reviewed regularly. As I've said, we have four audits into the NT land councils, Senator Liddle, that are currently being implemented, which make specific recommendations for change—

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

Senator Liddle, may I invite you to make a contribution at some other time, not during question time. Minister McCarthy, please continue.

Malarndirri McCarthy (NT, Australian Labor Party, Assistant Minister for Indigenous Australians) Share this | Link to this | Hansard source

I'll be interested to hear that contribution. For the benefit of Senator Liddle in particular, you are more than welcome to receive the briefing on the native title work that's being done by the Australian Law Reform Commission with the Attorney-General and also on the audits that are being done of the land councils.