George Christensen (Dawson, National Party) Share this | Link to 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.

Sharon Claydon (Newcastle, Australian Labor Party) Share this | Link to this | Hansard source

by leave—I would to make a few brief comments regarding the two reports that have just been tabled. I want to put my comments on the record, following comments by my chair, the member for Dawson, regarding the two roundtables that the Social Policy and Legal Affairs Committee has recently conducted.

Firstly, I will speak about the inquiry report regarding Revisiting recognition: Report on the roundtable with Australian South Sea Islanders, which was a report on the roundtable that we held with Australian South Sea Islanders. In addition to that appalling colonial history that the chair has mapped out, I would like to say how instructive it was to take evidence directly from Australian South Sea Islanders during that roundtable. Really, it reaffirmed what the committee had been hearing in evidence previously—just how little progress we have made in the 20 years since that formal recognition of Australian South Sea Islanders—and showed some of the ongoing hurt that this has caused a number of people in that community.

There was a particular concern when we wrote to each of the ministers who had some portfolio responsibilities in this area to ask, 'Could you please let us know how far you have got in terms of implementing the HREOC recommendations of 20 years ago?' The disturbing fact was that not only had little progress been made but there was the inability of many departments actually to track that progress now because records have been lost or mislaid. So part of the committee's recommendation was about making sure that we do not again lose sight of how we go about implementing recommendations that have been made; that we have a good system in place for continuous monitoring of achievements. That is why part of that recommendation—I think from the conclusion of the committee—was that not only do we acknowledge that the social and economic situation of Australian South Sea Islanders is now a matter of national concern—as it should be—but the committee itself will continue to monitor the Australian government's policies in relation to South Sea Islander peoples here in Australia. I think that is the important part of our recommendation there.

In relation to that, I also pay tribute to the efforts of the committee secretariat to ensure that our communications with the wider Australian community were as effective as they could possibly be. In particular, I draw the House's attention to the podcast, which was a recording of evidence taken during that roundtable discussion with Australian South Sea Islanders. They had expressed concerns—as the chair pointed out—about the little progress that had been made towards the goals of recognition since 1994. That podcast, importantly, is accompanied by a really remarkable collection of archival photographs depicting the lived experience of Australian South Sea Islander peoples here in this nation.

Now, just briefly in relation to the second report that the chair has tabled—the roundtable on surrogacy. In addition to comments made by the chair, the committee absolutely acknowledges that the issues around surrogacy are broad and complex, and have wide-ranging effects for all parties involved. Certainly, one thing that has become obvious is that there are rapidly-increasing numbers of Australians pursuing surrogacy options in overseas jurisdictions. In turn, that has really highlighted for us the inadequacy of Australia's domestic legislation and also the obligations of Australia as a good international citizen.

In closing—so as not to take up too much of the time of the House—I do want to reiterate the committee's appreciation for all of those people who participated in both roundtables. I thank all participants for giving so generously of their time, their knowledge and their personal, lived experience. Their input is an integral part of the committee's work. Likewise I again thank the committee secretariat, under the very steady leadership of Dr Anna Dacre. The secretariat's hard work and diligence helps to keep us on track and on time.

I would also like to put on record our particular thanks to the now-outgoing inquiry secretary, Mr Thomas Gregory, for his work on the revisiting recognition roundtable in particular, and to welcome the new inquiry secretary, Mr Muzammil Ali, and to thank him for his efforts with regard to the roundtable on surrogacy.

The committee looks forward to working together on a future inquiry into the regulatory and legislative framework around both domestic and international surrogacy arrangements. We trust that the Attorney-General will accept the committee's recommendation and refer this inquiry to our committee as a matter of priority.

I commend both reports to the House.