Page 1486 - Week 05 - Thursday, 7 May 2015
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government’s reconciliation action plans and the Aboriginal and Torres Strait Islander justice partnership. This is also consistent with the recommendations of the commonwealth Aboriginal and Torres Strait Islander Social Justice Commissioner’s Social Justice and Native Title Report 2014, which recommended that the Australian government engage with the national implementation strategy to give effect to the UN declaration.
The recent signing of the ACT Aboriginal and Torres Strait Islander agreement by the ACT government and the ACT Aboriginal and Torres Strait Islander Elected Body further strengthens the importance of this bill. The ACT government occupies a unique position in Australian governments, being the only jurisdiction to have a whole-of-government agreement with an independent elected body of Aboriginal and Torres Strait Islander community representatives. The aim of the agreement is to achieve realistic, practical and equitable outcomes for Aboriginal and Torres Strait Islander Canberrans. It provides a framework for sustaining better relations between the ACT government and the Aboriginal and Torres Strait Islander people, articulating the ACT relationship principles of respect, collaborative communication, improved partnerships and improved service delivery.
The proposed changes in the Human Rights Amendment Bill 2015 I hope will embed the principle of inclusion of Aboriginal and Torres Strait Islander cultural rights into the way we do business, supporting the strategic and community priorities of the ACT Aboriginal and Torre Strait Islander agreement. This bill is a positive progression in the ACT rights dialogue which continues to build the foundation for meaningful, respectful and inclusive engagement with the Aboriginal and Torres Strait Islander community. I commend the bill to the Assembly.
MR WALL (Brindabella) (11.28): As Mr Hanson has already discussed, the bill seeks to make various changes to the Human Rights Act. I will focus my comments on the aspects that relate to the Indigenous affairs portfolio, particularly clause 7, which seeks to add a new section 27(2) and which states:
(2) Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right—
(a) to maintain, control, protect and develop their—
(i) cultural heritage and distinctive spiritual practices, observances, beliefs and teachings; and
(ii) languages and knowledge; and
(iii) kinship ties; and
(b) to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued.
There have been a number of concerns raised over the addition of this new section. Firstly, there is the possibility that this section may be deemed incompatible with other aspects of the act. The scrutiny report states:
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