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Legislative Assembly for the ACT: 2002 Week 7 Hansard (4 June) . . Page.. 1860 ..


MR SMYTH (continuing):

the matter. The committee, chaired by Mr George Pearce, then member for Capricornia. presented a unanimous report that said:

It is recommended by your committee that a penal provision be inserted to the amending Act in respect of the use of duress or undue influence on aborigines in the exercise of their franchise.

The committee recommended:

That the right to vote at Commonwealth elections be accorded to all aboriginal and Torres Strait islander subjects of the Queen, of voting age, permanently residing within the limits of the Commonwealth.

It is extraordinary that in 1961 the federal parliament was voting in that way. It was a turning point in the debate. The select committee, thankfully, rejected suggestions that criteria such as literacy, employment, financial status or receipt of public assistance should determine whether Aboriginal people should be able to vote. It did so on the ground that such criteria were not applicable to the electorate at large.

Again, there was not a total right. We had to go through the 1967 referendum, put in place by the Liberal-Country Party government of the day. That referendum was passed. More work needed to be done. It still was not absolute. Some provisions pertaining to Aboriginal people did not pertain to the rest of the nation. It was not until the Commonwealth Electoral Amendment Act 1983, sponsored by the Hawke Labor government, that Aboriginal people were treated exactly the same as the rest of the voting population.

It is an interesting history. It took us 84 years as a nation to come to the position where indigenous Australians had the same right to vote as somebody not of indigenous background. That is a sad tale. It is a tale that is too long. We do need to look back. I thank Ms Gallagher for her MPI to bring to people's attention that 40 years ago we were passing legislation to upgrade the status of indigenous Australians. Forty years ago we were still arguing over whether or not indigenous Australians should be able to vote. The work done in the last 40 years is a credit to a lot of people, but a lot of work still needs to be done.

The argument that too much was done is disproved by the brief summary I have given of the fight, the struggle and the effort over 84 years to grant Aboriginal people a right that we all take for granted. Upon reaching the age of 18, once 21, we assume that we should be able vote. To have that right dependent on literacy, income or any of the other furphies that were thrown up in the 1960s would be appalling. There is so much more to do.

I am pleased that have debates such as this in this place. This Assembly, since its inception in 1989, has gone a long way towards reconciliation by inviting Aboriginal people here to tell us their stories, by passing legislation and by negotiating agreements with the local Ngunnawal people. The work has been good, but there is an awful lot of work to be done. Ms Gallagher is to be commended for her matter of public importance.


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