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

I, and also on behalf of Senators Lambie and Thorpe, move:

(1) That a select committee, to be known as the Select Committee on First Nations Representative Bodies, be established to inquire into and report on the role, governance and accountability of native title representative bodies and prescribed bodies corporate, with particular reference to:

(a) the effectiveness of the Native Title Act 1993 (the Act) and related state, territory and federal institutional and policy frameworks in addressing inequalities in the negotiating position of First Peoples, with specific reference to the principles of free, prior and informed consent;

(b) the process, quality and effectiveness of consultation and consent processes with traditional custodians with respect to:

(i) ascertaining the views of traditional owners and native title holders and applicants,

(ii) negotiations on behalf of traditional custodians,

(iii) communication with traditional custodians,

(iv) maintenance and accuracy of the register of members,

(v) opportunity for dissenting views and the management of dissenting views and conciliation of disputes,

(vi) declaration and management of conflicts of interest, including but not limited to connections to and involvement with proponents, and

(vii) transparency and accountability in decision-making processes;

(c) the current operation of the future acts regime and other relevant parts of the Act, including section 31 (right to negotiate), section 66B (replacement of the applicant) and Part 6 (the operation of the National Native Title Tribunal);

(d) ensuring transparency and accountability in decision-making, financial and other operations, including corporate reporting responsibilities and conducting directors' meetings, annual general meetings and special general meetings;

(e) the availability, accessibility, impact and accountability of public sector funding for:

(i) prescribed bodies corporate,

(ii) native title representative bodies,

(iii) land councils,

(iv) traditional custodians to pursue native title claims outside of native title representative bodies, and

(v) native title claim respondents/objectors;

(f) the explicit authority and responsibilities of prescribed bodies corporate and representative bodies under the Act;

(g) opportunities for reforming existing institutional, legislative and policy frameworks, including new accountability or governance arrangements, to better advance the rights and economic, social, environmental and cultural aspirations of First Peoples; and

(h) other related matters.

(2) That the committee present its final report by 26 August 2025.

(3) That the committee consist of 6 senators, as follows:

(a) two nominated by the Leader of the Government in the Senate;

(b) two nominated by the Leader of the Opposition in the Senate;

(c) Senator Thorpe; and

(d) one nominated by minority party or independent senators.

(4) That:

(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and

(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.

(5) That if a member of the committee is unable to attend a meeting of the committee, that member may in writing to the chair appoint a participating member to act as a substitute member of the committee at that meeting. If the member is incapacitated or unavailable, a letter to the chair appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader of the party or group on whose nomination the member was appointed to the committee.

(6) That the committee elect as chair a member nominated by the Leader of the Opposition in the Senate, and as its deputy chair, a member nominated by the Leader of the Government in the Senate or any independent senator.

(7) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(8) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.

(9) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(10) That the committee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(11) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(12) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

by leave—I move an amendment to the motion as circulated:

That the motion be amended to read as follows:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 26 August 2025:

(a) the effectiveness of the Native Title Act 1993 (the Act) and related state, territory and federal institutional and policy frameworks in addressing inequalities in the negotiating position of First Peoples, with specific reference to the principles of free, prior and informed consent;

(b) the process, quality and effectiveness of consultation and consent processes with traditional custodians with respect to:

(i) ascertaining the views of traditional owners and native title holders and applicants,

(ii) negotiations on behalf of traditional custodians,

(iii) communication with traditional custodians,

(iv) maintenance and accuracy of the register of members,

(v) opportunity for dissenting views and the management of dissenting views and conciliation of disputes,

(vi) declaration and management of conflicts of interest, including but not limited to connections to and involvement with proponents, and

(vii) transparency and accountability in decision-making processes;

(c) the current operation of the future acts regime and other relevant parts of the Act, including section 31 (right to negotiate), section 66B (replacement of the applicant) and Part 6 (the operation of the National Native Title Tribunal);

(d) ensuring transparency and accountability in decision-making, financial and other operations, including corporate reporting responsibilities and conducting directors' meetings, annual general meetings and special general meetings;

(e) the availability, accessibility, impact and accountability of public sector funding for:

(i) prescribed bodies corporate,

(ii) native title representative bodies,

(iii) land councils,

(iv) traditional custodians to pursue native title claims outside of native title representative bodies, and

(v) native title claim respondents/objectors;

(f) the explicit authority and responsibilities of prescribed bodies corporate and representative bodies under the Act;

(g) opportunities for reforming existing institutional, legislative and policy frameworks, including new accountability or governance arrangements, to better advance the rights and economic, social, environmental and cultural aspirations of First Peoples; and

(h) other related matters.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

I seek leave to make a short statement.

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

Leave is granted for one minute.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

We do not support this motion. We don't need another standing committee with another review; we need to make sure existing reviews are completed and implemented. The motion isn't about good governance; it's about politics. Various other similar reviews are underway or being implemented. These should run their course. For example, the Australian Law Reform Commission is already reviewing native title. The review will report in December 2025, similar to the proposed motion. The same witnesses would be encouraged to appear at both inquiries. This is part of the government's additional $20.8 million contribution over four years to improve the native title system, of which the ALRC review is the first part.

A brand-new standing committee launching a whole new review would be at best duplicative and wasteful; at worst it would be destructive and harmful. Small First Nations groups do not have the resourcing to respond to multiple inquiries on the same topic. First Nations communities already experience consultation fatigue. This wasteful duplication would be confusing and distressing for First Nations communities.

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

The question is that the amendment moved by Senator David Pocock to general business notice of motion No. 587 be agreed to.

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

The question is that general business notice of motion No. 587 standing in the name of Senator Liddle and others be agreed to.