House debates

Tuesday, 24 March 2015

Committees

Social Policy and Legal Affairs Committee; Report

12:07 pm

Photo of George ChristensenGeorge Christensen (Dawson, National Party) Share this | Hansard source

On behalf of the Standing Committee on Social Policy and Legal Affairs, I present the following reports together with the minutes of proceedings: Revisiting recognition: Report on the roundtable with Australian South Sea IslandersandRoundtable on surrogacy.

Reports made parliamentary papers in accordance with standing order 39(e).

by leave—The first report I presented is in relation to Australian South Sea islanders. Australian South Sea islanders are the Australian-born descendants of Pacific island labourers brought to Australia in the 19th century. Although some South Sea islanders came to Australia by choice, many were tricked by recruiters or kidnapped and brought here by force. Most worked in difficult conditions in the Queensland cane fields, and those who remained in Australia after Federation faced ongoing racial discrimination and harsh treatment throughout the 20th century. Some would say they were treated as slaves.

In 1994 the Australian government recognised Australian South Sea islanders as a unique and distinct ethnic group and accepted that Australian South Sea islander people suffer from severe social and economic disadvantage as a result of that racial discrimination. Recognition occurred in the government's response to the 1992 Human Rights and Equal Opportunity Commission report entitled The call for recognition: a report on the situation of Australian South Sea Islanders.

Last year, to mark the 20th anniversary of recognition, the Social Policy and Legal Affairs Committee of this House held a roundtable discussion with leaders of the Australian South Sea islander community. The committee wanted to hear from Australian South Sea islanders about how far Australia has progressed towards the goals set out in that HREOC report. At the roundtable, the committee heard that little has changed for Australian South Sea islander people in the 20 years since recognition. As a result, the committee wrote to six government ministers to seek advice on how the HREOC report's recommendations and the government's response were implemented and to seek advice on any current policies or programs that relate to the Australian South Sea Islander community. What we found was little evidence of ongoing efforts to address South Sea islander's economic and social disadvantage.

Australian South Sea islanders still experience real social and economic disadvantage. They struggle to access government services and programs, and their culture is not acknowledged sufficiently by the Australian government. More needs to be done to ensure that the long history of injustice faced by this unique group of Australians does not continue. Consequently, the committee has recommended the formation of a taskforce to progress outcomes for Australian South Sea islanders and to regularly report back on outcomes.

I would like to thank members of the committee, especially my deputy chair—who is here in the chamber—the member for Newcastle. I also thank the secretariat, under Dr Anna Dacre, for their work on this inquiry. I commend the report to the House.

The second report follows the committee's roundtable on surrogacy. The desire to be a parent is one that is felt by people of all backgrounds, all genders and all cultures. Unfortunately, one in six Australian couples have infertility issues. With advances in modern science and assisted reproductive technology, surrogacy is becoming an increasingly widespread means of family formation for those who wish to have children.

Domestic surrogacy arrangements are regulated by a patchwork of state and territory legislation, which can be difficult to understand and comply with. International surrogacy often occurs in countries with, I have to say, less robust regulatory and health standards and may, in some cases—certainly in some cases that were discussed during the roundtable—be exploitative. These international surrogacy arrangements engage Australia's human rights obligations and domestic immigration and citizenship law.

The committee's roundtable, which was conducted over two sessions, examined both the Australian government's role in surrogacy matters and the views of experts and practitioners working in the field considering legal, social, economic, scientific and medical issues. At the roundtable, the committee was struck by the diversity of views, the lack of regulatory clarity and the number of welfare and ethical issues relating to both domestic and international surrogacy practices.

The key issues that were raised at our roundtable on surrogacy were the sensitivity of terminology used to describe surrogacy; the questions of informed consent; potential exploitation, compensatory payments, rights and protections for all parties involved, including, in particular, the rights of the child to know their biological parentage; domestic and international legal and human rights considerations; and, finally, the adequacy of Australia's IVF providers and regulatory framework.

The roundtable highlighted the need for a more comprehensive examination of these issues and a more coordinated response to the growth of surrogacy arrangements. As a result, the committee recommends that the Attorney-General refer an inquiry into the regulatory and legislative framework around both domestic and international surrogacy arrangements. In presenting this report, the committee would like to emphasise its great appreciation for those who participated in the committee's roundtable. Again, I thank the rest of my committee, particularly the deputy chair, for the work that has been done on this—and also, foremost—the secretariat staff who are currently sitting in the gallery. I thank them very much for their efforts in compiling these two reports.

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