Page 289 - Week 01 - Thursday, 11 February 2016
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persons between the ages of 15 and 24 years without prejudice to other definitions by member states.
Here in the ACT, while we have a legal system that broadly considers people under 18 years old appearing before a court to be children, we have defined ages of criminal responsibility that are more nuanced. We also regularly use language in regard to community service-funded agencies that refer to “youth” being 12 to 25 years of age. There are some tricky definitional questions in that space in light of the findings by the committee.
In closing, let me say that I look forward to seeing these important changes in the current bill before us move from debates in the Assembly to reality in our community. In particular, I look forward to seeing the recognition that is due to Aboriginal and Torres Strait Islander peoples being incorporated in future publications of the ACT Human Rights Act.
DR BOURKE (Ginninderra—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Children and Young People, Minister for Disability, Minister for Small Business and the Arts and Minister for Veterans and Seniors) (4.43): I am pleased to join my colleague and the previous Minister for Aboriginal and Torres Strait Islander Affairs, Ms Yvette Berry, in voicing my support for the Human Rights Amendment Bill 2015.
This bill is a major step forward in the protection and promotion of human rights in the ACT. The changes put forward in this bill follow the 2014 review of the Human Rights Act 2004 in consultation with the ACT human rights commissioner and in consultation with the Aboriginal and Torres Strait Islander Elected Body. The amendments acknowledge the unique and distinct culture of Aboriginal and Torres Strait Islander peoples consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
As I have noted before, the preamble to the Human Rights Act already acknowledges the special significance and continuing importance of the cultural rights of Aboriginal and Torres Strait Islander people, the first people and first owners of this continent. However, the Human Rights Act does not yet formally acknowledge those rights. Aboriginal and Torres Strait Islander cultures are an intrinsic part of our regional culture and identity. Canberra is home to the descendants of Aboriginal people whose history here is evidenced for at least 20,000 years. Canberra is also home to Aboriginal and Torres Strait Islander people with connections to lands and waters across Australia.
Minister Berry advised the Assembly on 7 May 2015 that:
The proposed amendment to the preamble of the Human Rights Act 2004 to replace “Indigenous people” with reference to “Aboriginal and Torres Strait Islander peoples” may be only a minor change but it is significant and it is supported by the elected body because it acknowledges that Aboriginal and Torres Strait Islander peoples are not a homogeneous group with a uniform culture and heritage and identity but, rather, they are a diverse group with differing histories and aspirations, even here in the ACT and surrounding regions.
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