Page 3470 - Week 12 - Tuesday, 11 October 1994
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The necessity for the legislation flows from the native title decision of 1992 made in the High Court and in consequence of which the Commonwealth has made legislation. The preamble indicates that the ACT Legislative Assembly intends that the Australian Capital Territory participate in the national scheme enacted by the Commonwealth Parliament. This totally changes the relationship of the European settlers and their descendants with the indigenous people who existed in 1788 and their descendants. The decision of the High Court identifies the fact that native title must satisfy two tests. First of all, the Crown must not have extinguished the title, and, secondly, the indigenous people must have maintained their links with the land. I think it is that latter part where there is much yet to be determined. The Commonwealth has set up the machinery to hear any claim that may arise, and we are indicating in this Bill that we are prepared to allow the Commonwealth machinery to be used to make determinations about any claim in the Australian Capital Territory. I think that is quite appropriate.
In her speech when tabling this Bill, the Chief Minister said:
That decision has asked us as a nation to reassess fundamentally our relationships with Aboriginal peoples and Torres Strait Islanders.
I believe, Madam Speaker, that it goes way beyond asking us to do so; I think it has compelled us to do so. The fact that the High Court, after 200 years, felt it necessary to restate that the indigenous people of Australia potentially still had land rights is something that changes our relationship entirely. I believe that it is a very fundamental thing. This legislation will set into law, so far as the Australian Capital Territory is concerned, that from here on into the future no Australian can look at an indigenous Australian and say, as has been said for 200 years by many, "You do not count". It gives the Aboriginals and the Torres Strait Islanders a status that they have never enjoyed before. As I say, I think that there is much that is likely to emerge from this decision by the High Court and the legislation that we are putting into place today which we today cannot begin to comprehend, and it will not be decided tomorrow, or next week, or next year. There will be enormous ramifications that flow from this legislation well into the future. The Opposition endorses this legislation without qualification, as I would expect this Assembly to do.
There is just one other point that I wanted to raise in connection with the Chief Minister's tabling speech. She noted there that there were some indigenous people who would derive no benefit from the High Court decision or from the legislation that the Commonwealth and the Territories and States are enacting. She said:
With these considerations in mind, the Government is developing a social justice agenda for Aboriginal peoples and Torres Strait Islanders.
She went on to say that the Government intends to unveil this agenda in the very near future. That speech was delivered in April; it is now October. I would have thought that the matter was one that would be of such importance that not too much time would go by before the Government tabled that agenda so that the Assembly and the community could consider it. Madam Speaker, the Liberal Party in opposition supports this Bill.
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