House debates

Wednesday, 11 October 2006

Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Bill 2006; Corporations Amendment (Aboriginal and Torres Strait Islander Corporations) Bill 2006; Corporations (Aboriginal and Torres Strait Islander) Bill 2005

Second Reading

6:10 pm

Photo of Michael JohnsonMichael Johnson (Ryan, Liberal Party) Share this | Hansard source

I am pleased to speak in the Australian parliament today on the Corporations (Aboriginal and Torres Strait Islander) Bill 2005 as the representative of the electorate of Ryan, which I have the great pleasure and the great honour of representing here. I want to say at the outset that I do know that many of my constituents would have been horrified to see on the ABC’s Lateline program the shocking allegations of abuse of children in the remote Mutijulu community in the Northern Territory. In fact, some of my constituents did contact me to express their very deep shock and their hope that the government would continue very strongly to pursue policies and initiatives that would eradicate such violence and abuse, particularly of women and children.

I should say that several months ago I had the opportunity of going to a dinner function where the federal Minister for Families, Community Services and Indigenous Affairs, Mal Brough, spoke, and some of his comments came as a great shock to me. One in particular that I recollect—it stayed in my mind because it was so shocking—was that he had come across young women in their 20s who were already grandmothers, something that I found absolutely unbelievable. Clearly, in certain parts of Australia, in some remote areas of the country, there are such shocking tales.

Those allegations do highlight very strongly the need for reconciliation in this country and the need for the government and Australians in general to reach out to our Indigenous community. It is of course very much a priority of the Australian government. Equally, it is a priority that Indigenous Australians view themselves as first-class citizens of this country, as no lesser Australians than anyone else who has the privilege, I think, to be an Australian.

Recently Pope Benedict, via a written statement, encouraged all Australians to ‘address this issue with compassion and determination’. I would like to refer the parliament to his broader comments, because he did touch on the importance of Indigenous Australians not allowing themselves to fall into the temptation of things like alcohol and drugs. I would like to read his comments to the parliament, because I think they are very pertinent and very inspiring:

Indeed, every human community needs and seeks strong, inspiring leaders to guide others into the way of hope. Much rests therefore … upon the example of the elders of communities. I encourage them to exercise authority wisely through faithfulness to their traditions—songs, stories, paintings, dances …

Pope Benedict went on to say:

Don’t allow your dreaming to be undermined by the shallow call of those who might lure you into the misuse of alcohol and drugs, as promises of happiness … Such promises are false, and lead only to a circle of misery and entrapment.

I should say that the occasion for his statement was the 20th anniversary of Pope John Paul II’s visit to this country, and it was through the Bishop of Darwin, the Most Reverend Edmund Collins. His comments go on:

Much has been achieved along the path of racial reconciliation, yet there was still much to be accomplished. No-one can exempt themselves from this process. While no culture can use past hurt as an excuse to avoid facing the difficulties and meeting the contemporary social needs of its own people, it is also the case that only through the readiness to accept historical truth can a sound understanding of contemporary reality be reached and the vision of a harmonious future espoused.

I therefore again encourage all Australians to address with compassion and determination the deep underlying causes of the plight which still afflicts so many Aboriginal citizens ... A commitment to truth opens the way to lasting reconciliation through the healing process of asking for forgiveness and granting forgiveness—two indispensable elements for peace.

I certainly endorse those remarks of Pope Benedict. I also want to say very clearly that reconciliation is very much more than just eloquence or fine rhetoric. I do want to give to the parliament and my constituents a flavour of what the Howard government’s reconciliation definition is. I think that it is very important that Australians are fully aware that this government is very genuinely committed to the reconciliation process, but it has to be reconciliation with substance. We all know that at its heart is the phrase ‘practical reconciliation’ where we do make a meaningful impact upon the lives of Indigenous Australians, and where we take many of those small steps in the right direction. I quote the Prime Minister in his speech of July to the Reconciliation Australia dinner in Melbourne when he said:

I think all of us are aware that reconciliation is not going to come as a result of eloquent rhetoric or high-level communiqués. It will come through indigenous and other Australians taking millions of small steps in the right direction. I think it’s important if we’re realistic to understand that.

The Prime Minister went on to say:

It is the greatest country in the world. But in the area of indigenous opportunity and advantage we still do have a very long way to go if we’re to live up to the highest ideals and aspirations of that deeply held belief that we have. And today I want to particularly focus on the issue of education, and because I believe it lies at the heart of bridging that gulf between indigenous Australians and the rest of the community.

This bill goes a very long way to showing the country that reconciliation must have some teeth to it. It must have some substance and meaning to it. This bill is a very clear example of the Howard government’s practical reconciliation approach. The Howard government understands that. Real progress in the area of Indigenous welfare must be built on the firm foundation of law and order. Minister Brough showed his commitment to this principle earlier in his responses to the claims of sexual abuse in the Mutijula community, and I think this bill again reflects that very genuine commitment on behalf of the government.

The 2006-07 budget provides some $28.1 million to help Indigenous corporations improve their governance capacity and their ability to deliver effective services, especially to remote communities. This bill represents a pivotal part of that commitment. It will provide a firm legal base on which further practical advances in Indigenous welfare can be made. The bill will replace the Aboriginal Councils and Associations Act 1976 to ensure that Aboriginal corporations are founded on the basic principles of good governance while also providing the flexibility to incorporate cultural distinctions. There are currently some 2,800 Aboriginal and Torres Strait Islander corporations registered under the ACA Act. Sixty per cent of these corporations are located in remote or very remote areas. These corporations range in their size and focus from small to very large organisations controlling millions of dollars in assets. Many own property and infrastructure which service remote communities where the conventional provision of services provided by government might be very difficult to render.

In some remote and very remote areas these corporations often provide communities with fundamental basic services such as electricity and, because of the important role they play, it is critical that these corporations operate with transparency and accountability for they do have a lot of financial resources within their ambit. It is critical for the health of Indigenous communities that these corporations are functioning properly and are free from corruption and manipulation. Currently, Indigenous groups or associations can incorporate under the 30-year-old ACA Act. Since the act’s inception there has been an exponential expansion of Aboriginal corporations in both size and number. The current bill will therefore replace the ACA Act which, after 30 years, is in poor form. It has been proved unable to adapt to changes in native title legislation and in corporate and accountability requirements as they have evolved in recent years.

The current bill will institute the majority of changes recommended by the 2001 review that was commissioned by the Office of the Registrar of Aboriginal Corporations. This bill represents the government’s continued commitment to a special incorporation statute to meet the needs of Indigenous people. Again, I think that the most important feature of this bill is that its foundation stone is the Corporations Act 2001.For the most part the bill replicates the corporate governance standards expected of all directors and officers of an incorporated entity. It ensures company officers are responsible and accountable to their members, with provisions for directors and managers to be disqualified and placed on a roll of disqualified directors if that is appropriate. Of course the government recognises the special needs of Aboriginal corporations especially due to their remoteness, capacity and culture. So there is flexibility in the bill to accommodate that and to tailor the organisations to the government structures that provide the best outcomes according to the specific circumstances and the specific communities that they serve.

I think it is fair to say that in this country one of the greatest challenges for government is to address and redress as far as humanly possible the great challenges we have in Indigenous affairs. One of the greatest challenges for a government is to get right its policies in relation to Indigenous affairs. Simply throwing money at the problem is not the answer; we have to come up with real and meaningful ideas and solutions to the great intellectual and political challenge that confronts us in terms of the wider community’s relationship with Indigenous Australians. I think the Howard government can be proud of its part in its 10 years of office in trying to address Indigenous issues. Clearly, as the Prime Minister noted, it is a work in progress. It is a very difficult issue, but we will continue to address it as far as we can.

One of the key voices in Australia in Indigenous issues is, of course, Noel Pearson from my home state of Queensland. I think that his remarks in recent times have become a symbol of what can and should be done. I want to read in the parliament some of his words because I think they are very pertinent to all of us here. I think they are especially pertinent to those in the Labor Party who might have different views on how to approach and redress the issue of welfare as it pertains to the Indigenous community. I want to refer to Noel Pearson’s comments on 5 June 2005 on the ABC’s Insiders program where he said:

... I have been obviously a bid advocate of the need for really fundamental welfare reform, because I think that it is a crucial problem underpinning our disadvantaged. Until we get on top of passive welfare we will never be able to get on top of our life expectancy deficit problem. But, at the same time, I think it has got to be recognised that it’s not just Indigenous people who are suffering from the problems of passive welfare. There are non-Indigenous communities in this country who suffer from real disadvantage.

The real disadvantage that Indigenous and non-Indigenous Australians suffer in the lowest classes in this country is the passing on of dependency between generations and all of the social problems that rise from inter-generational dependency and I see this, I see emerging signs in the mainstream community that white Australians are suffering as much from the problems of welfare dependency as Indigenous communities are.

Indigenous communities are really a wake up call. Thirty years later the Indigenous communities of Australia represent a wake up call for mainstream community - that if you put people and families in a situation of inter-generational dependency, then really tragic social problems will arise.

I say ‘Hear, hear!’ to that, and it lies at the heart of the Howard government’s policy in terms of addressing the welfare issue . It is critical that we have a safety net for Australians in genuine need, but we are not in the business of simply providing welfare to Australians for the sake of doing so. Noel Pearson’s words are probably harsh for those opposite to accept but, as the Minister for Human Services said today, some $11,000 of taxpayers’ money is spent on the dole per minute in this country.

I think that taxpayers in this country have the right to expect Australians who have the capacity to work to work, and they feel very strongly about the government’s policies in that respect. Equally, they are very generous, as taxpayers and as Australians. We also have an obligation to look after our fellow Australians who are in genuine need. Of course, amongst those in genuine need are Indigenous Australians.

I want to end my remarks by giving the Australian community, in particular those who live in my electorate, some information on the government’s financial support for Indigenous Australians, because it is taxpayers’ money. It is government policy to support Indigenous Australians through various vehicles and mechanisms and it is important that my Ryan constituents are aware of where Australian government funds are in terms of their fellow Indigenous Australians.

Real spending on Indigenous specific programs has increased by almost 50 per cent in the last decade from the level it was at when the Howard government was elected in 1996. The 2006-07 budget provides the biggest investment in Indigenous affairs in the history of this country—some $3.3 billion. This includes almost $500 million in additional spending to support 24 new Indigenous projects which span across six portfolios. For instance, the Howard government has allocated $23 million to support communities through programs to develop emerging leaders; $107.5 million to support and develop Indigenous home ownership on Indigenous land; $55.2 million to expand the rollout of non-sniffable fuels; and $2 million to help Scouts Australia to develop a culturally specific leadership program for Indigenous youth.

These youth programs are particularly important when you consider that 40 per cent of the Indigenous population in Australia is aged under 15—double that of the non-Indigenous population, which is approximately 20 per cent. In addition to these measures, the government has allocated a further $130 million to the fight against family violence and child abuse, which simply cannot be tolerated in this country.

The Howard government, in contrast to Labor, has a very proud record in Indigenous affairs, focusing its attention and resources on real progress, not just rhetoric. I hope very much that those opposite will shift their views, their policies and their thinking from a rights-only and a self-determination-only agenda to one which is very much in tune with what will make an impact in the Australian Indigenous community. They would go a long way if they subscribed to Noel Pearson’s views about what can be done in this country to address the great challenges of the Australian Indigenous community.

Finally, I want to take the opportunity in the parliament to acknowledge the Australian Indigenous Leadership Council. I was very pleasantly surprised to receive an invitation from their board to attend a graduation dinner in honour of the students who have completed the Attorney-General’s Indigenous leadership program in late October. This is an example of an organisation that is trying to address the future of Indigenous Australians’ skills to give them the confidence, knowledge and tools to be part of the broader Australian community and the capacity to make a difference, not only in their own communities but in mainstream Australia. (Time expired)

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