Additional comments by Senator Andrew Bartlett
1.1
I acknowledge the efforts of the government to improve the
inefficiencies in the current system, and the efforts of the Committee to
address concerns raised during this Inquiry process.
1.2
However, despite the improvements detailed in the Committee's
recommendations, I remain concerned that the proposed amendments not only have
the potential to further limit the ability of Indigenous people to have their Native
Title rights recognised but will also create greater uncertainty, conflict and
confusion by threatening the independence of Native Title Representative Bodies
(NTRBs), compromising the mediation process and reducing Ministerial
accountability.
1.3
It is worth re-emphasising that a lot of the potential that Native Title
presented for Indigenous Australians has already been curtailed by previous
legislative decisions of the Parliament. While the residual rights which still
remain are important, they are not sufficient on their own to provide true equality,
economic opportunity or full reconciliation. Indeed, in some ways the wider
Australian community has as much to gain from formal recognition of Native
Title and the continuing links to land of the original, traditional
inhabitants. Constraining the rights of Indigenous Australians constrains our
nation's future and limits our potential.
1.4
I believe the proposed fixed terms for recognition of NTRBs may
seriously impede the ability representative bodies to adequately plan for the
future, attract and retain qualified and experienced staff and develop
productive relationships with industry and government. Whilst the recommended
2 year minimum is better than 1 year, I don't think this goes far enough. The
government's changes appear to focus more on taking the heavy stick approach to
trying to improve the efficiency of native title representative bodies, rather
than tackling the real source of the problem – a lack of capacity caused by
chronic under funding.
1.5
The proposed amendment providing ministerial discretion gives too much
power to the Minister who could decide to de-recognise a representative body in
a manner that is arbitrary, non-transparent and without any accountability. It
is inappropriate to continue to increase accountability requirements on Indigenous
organisations while reducing them for government Ministers.
1.6
I also retain concerns with proposals that limit representative bodies'
procedural rights and the potential for non-Indigenous bodies to recognised as
NTRBs. We need more Indigenous involvement in issues and processes that
directly affect them, not less.
1.7
The provisions which allow for summary dismissal of certain Native Title
applications was strongly criticised by the Aboriginal & Torres Strait
Islander Social Justice Commissioner in his submission. I share that concern
and do not believe it has been adequately addressed in the majority Committee
report.
1.8
There are already numerous obstacles which are placed in the way of
Indigenous people seeking to have the limited rights of Native Title recognised
and protected. Some of these proposed amendments will make them even more
difficult to overcome, further eroding the confidence of Indigenous people in
the Native Title process.
1.9
I believe the legislation needs further amendment beyond the recommendations
put forward by the Committee.
Andrew Bartlett
Queensland Democrat Senator
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