Page 5565 - Week 17 - Wednesday, 4 December 1991

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Mr Wood: Yes, but we have defined the term.

MR JENSEN: Okay, and that is effectively what we are doing. Originally, when I proposed an Aboriginal council, it was put to me that that was not necessary and that we could use the definition of "relevant Aboriginal organisation". That is why I accepted that advice and I moved that way.

Let us just get a couple of things straight in relation to restricted information. Although, as I have already indicated, the Aboriginal community in this area does not live a strictly traditional lifestyle, a lessee - who could be male or female - could hold a lease over a property on which a location is identified as particularly related to the male or female.

In other words, it is a sacred site relating to males or females. It would be inappropriate under the tribal laws and practices of the Aboriginal people for that information to be made available to a person who is not of the same gender; and that is the sort of problem that we run the risk of encountering with this legislation.

It is probably just something to keep in the back of your mind when you are dealing with these issues of Aboriginal tradition, particularly in a place such as the ACT where the tribal influences are no longer overtly present. But I would suggest that the nature of the Aboriginal community and its relationship with the land, which is different from ours, is quite clear; the Aboriginal people see things differently because to them the land is more than just property. The land is their society.

Amendment negatived.

Clause agreed to.

Clause 82

Mr Wood: You will not move your amendments to this clause now, will you?

MR JENSEN (4.44): No, I do not think there is any point in moving my amendment No. 54, Madam Temporary Deputy Speaker; so I will withdraw it.

Mr Wood: Or No. 55.

MR JENSEN: I will just clarify that.


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