House debates

Monday, 9 November 2020

Bills

Native Title Amendment (Infrastructure and Public Facilities) Bill 2020; Second Reading

3:35 pm

Photo of Katie AllenKatie Allen (Higgins, Liberal Party) Share this | Hansard source

I rise to support the Native Title Amendment (Infrastructure and Public Facilities) Bill 2020, which will extend the sunset clause and provide for Indigenous people and their needs. The Morrison government is firmly committed to helping Indigenous Australia realise social and economic security. One of the keys to improving the livelihoods of Indigenous Australians is by unlocking job-creating housing and infrastructure projects which provide a positive public impact. This is particularly important now more than ever, as we pivot to our economic recovery from the COVID-19 pandemic.

This bill extends the operation of section 24JAA for a further 10 years. This section provides a pragmatic approach to rapidly delivering essential public housing and infrastructure on land that is subject to native title rights and interests. This section requires that native title holders and registered claimants be notified about relevant public works and may continue to exercise the right to be consulted. The bill has provisions to ensure that this occurs with the support of interpreters and the like. It mandates that this consultation process be completed within four months of notification.

This bill balances the rights and interests of native title holders with pressing community needs. The section has been used to streamline public housing for Indigenous communities, which supports the Morrison government's new Closing the Gap targets for 2031. The section has also been used for emergency facilities, such as women's shelters, fire brigades, police stations, public education facilities and staff housing for teachers and public health employees. Without this section, these important projects can take years, and the negotiation process can take years and in some cases can't be finalised at all. Alternatively, compulsory acquisition is required, which extinguishes native title.

When public and other essential infrastructure is desperately needed for these communities, such delays are unacceptable. At the same time, we should endeavour to avoid the undesirable impact of compulsory acquisition on native title. Therefore, this bill appropriately balances the rights and interests of native title holders and the important infrastructure needs of communities. With this in mind, the section retains its temporary status. The benefit of this is twofold. First, it means that the pressing unmet housing and infrastructure needs of Indigenous communities can be satisfied swiftly over the coming years. What we've achieved in this space can be reassessed when the provision is due to expire in 10 years time. Second, it maintains a long-term commitment to safeguarding the rights and interests of native title holders.

Since its inception in 2011 under the Labor government, the section has been used 126 times on almost 1,000 residential lots. It is often a last resort for overcoming stubborn impasses. The section has been used 52 times in Queensland and 74 times in Western Australia. It most heavily benefits these states because of their land tenure arrangements and unmet public housing needs. This includes 778 public houses and other facilities in Queensland, as well as 312 public houses and 73 other facilities in Western Australia. These are important projects that deliver better outcomes for our Indigenous communities. As we emerge from the COVID-19 pandemic, delivering on public housing and infrastructure projects will also support job creation and economic growth, particularly amongst Indigenous Australians.

This bill is part of the Morrison government's broader commitment to empowering and supporting Indigenous Australians, and I note that this week is NAIDOC Week. The theme for this year is 'Always Was, Always Will Be'. This is a very important theme for understanding Indigenous Australians and how we need to partner and walk with them on the solutions that are required to close the gap. The 2020-21 budget delivers investments for Indigenous people in health, housing, education and employment, and places Indigenous organisations and communities in line with communicating in the driver's seat to deliver for their people. This includes the continued commitment to the $5.4 billion Indigenous Advancement Strategy to support programs that will, hopefully, reduce the rates of Indigenous incarceration, youth suicide, and family and domestic violence, and, most importantly, improve health, safety, wellbeing, education, and employment and economic opportunities. It also includes the continued commitment of $4 billion in Indigenous health funding over the coming four years through the Department of Health which includes $975 million in 2020-21.

It is more than 30 years since I spent time in Arnhem Land as a young medical student. There is so much more that we need to achieve to help our Indigenous people close the gap from the non-Indigenous outcomes that we see here in Australia. It's so important that the social and economic security of Indigenous Australians remains a key priority for whatever government sits on this side of the chamber.

This bill is a practical way to ensure a timely response to the emerging needs of Indigenous Australians and promote better outcomes for their communities. It is critical that we continue to work in a bipartisan way on this important work of closing the gap, as well as pivoting to recover from the COVID pandemic as we work together for all Australia.

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