Page 3476 - Week 12 - Tuesday, 11 October 1994
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Madam Speaker, as I have indicated previously, I believe that the national scheme balances carefully the objectives of certainty of land administration and justice for Aboriginal peoples and Torres Strait Islanders. The ACT Government has decided that we wish to rely upon the Commonwealth Native Title Tribunal for determining native title in the Territory, rather than creating our own machinery. I believe that that approach is in keeping with our relatively modest means, and I welcome other members' support for it. Accordingly, Madam Speaker, the ACT legislation makes no provision for a tribunal or for related processes. The procedures in the Commonwealth Act for applications and determinations will also apply in the ACT.
The Commonwealth Act validates past acts by the Commonwealth in relation to land in the Territory up to self-government day, and any land management activity that it has undertaken since then. The ACT Native Title Bill, when enacted, will similarly validate any acts of the Territory Government. On this point I would like to add, Madam Speaker, that the Government is not aware of any acts that have occurred in the past in the Territory that would be invalid because of the existence of native title. However, if this understanding turns out to be incorrect, it is the Commonwealth legislation, rather than the Bill which is now before us, which would provide for payment of compensation on just terms.
The Government has been mindful of the need to consult the ACT Aboriginal and Torres Strait Islander Advisory Council on this legislation, and suggestions from the council were incorporated into the Bill prior to its introduction into the Assembly. Since then the council has held a public meeting to discuss the legislation and related issues. No further proposals for amendment to the Bill have been provided. In addition, consultation with representatives of Aboriginal people who wished to be consulted directly have also occurred. I believe that the ACT Native Title Bill, in concert with the Commonwealth's national framework, will provide a system to deal justly with native title in the Territory.
Madam Speaker, important as it is that we participate in the national native title scheme, we all realise, I am sure, that many Aboriginal peoples and Torres Strait Islanders will not benefit directly from the existence of native title. These are the peoples for whom dispossession is complete through acts that have extinguished native title. Nor will the native title legislation directly address the high level of disadvantage commonly faced by Aboriginal peoples and Torres Strait Islanders because of their historical dispossession of their land. With these considerations in mind, and as part of the national reconciliation process, the Government has prepared "A Draft Social Justice Agenda for ACT Aboriginal Peoples and Torres Strait Islanders". That agenda seeks to redress disadvantage and empower these peoples. It sets out initiatives to promote reconciliation between Aboriginal and non-Aboriginal Australians and to address the broader issues raised by the High Court's native title decision.
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