Marise Payne (NSW, Liberal Party) Share this | Hansard source

I present the report of the Legal and Constitutional Affairs Committee, Unfinished business: Indigenous stolen wages, together with the Hansard record of proceedings and documents presented to the committee.

Ordered that the report be printed.

I seek leave to move a motion in relation to the report.

Leave granted.

I move:

That the Senate take note of the report.

I am very pleased to present the report of the Senate Standing Committee on Legal and Constitutional Affairs entitled Unfinished business: Indigenous stolen wages. This report is the result of an inquiry lasting almost 6 months, during which the committee held hearings in Brisbane, Sydney, Perth and Canberra and received 129 submissions.

The committee was asked to examine a wide range of issues in relation to Indigenous workers whose paid labour was controlled by governments. These included: financial arrangements in relation to Indigenous wages, access by workers to their savings, evidence of fraud or negligence in relation to Indigenous monies and commitments by governments to quantify monies missing or misappropriated under official management.

In the late 19th and early 20th centuries, the governments of mainland states and the Northern Territory introduced legislation to regulate the lives of many Indigenous people. This legislation is commonly referred to as ‘protection acts’ because its stated intention was to ‘protect’ Indigenous people. In the name of protection, Indigenous people were subject to extensive government control, including control over their employment, their wages and their property.

The committee has received compelling evidence that governments systematically withheld and mismanaged Indigenous wages and entitlements over decades. In addition, there is evidence of Indigenous people being underpaid or not paid at all for their work. The committee received evidence that the impact of government control of Indigenous employment and wages was not just financial. It included the mistreatment and abuse of Indigenous workers. A number of Indigenous people recounted personal experiences of abuse and inappropriate treatment, often when they were still children. The committee recognises that these are difficult experiences to share, and wishes to thank all of those people who told their story during the course of the inquiry. I particularly want to acknowledge Ms Yvonne Butler, who has travelled from Townsville to Canberra for the tabling of this report, and is present in the gallery this morning.

These personal stories gave the committee some insight into the betrayal, anger, hurt and frustration that Indigenous workers have felt for generations. The committee also received evidence about the reparations and repayment schemes that the Queensland and New South Wales governments have put in place in an effort to resolve the stolen wages issue in those states. However, the evidence before the committee demonstrates a deep dissatisfaction within the Indigenous community with the Queensland government reparations offer. Although only recently instigated, the committee’s view is that the New South Wales repayment scheme seems to be better designed and is also a more widely accepted model.

In other states and territories, the stolen wages issue does not have such broad exposure, even within the Indigenous communities. However, the committee notes that in most states and territories efforts are being made to further research and raise awareness about this issue. These efforts are hampered by difficulties in accessing government records of the relevant periods and by the fact that many records are lost, missing or destroyed. It is not clear in some cases.

Indigenous Australians have been seriously disadvantaged by the control of their employment and wages. Many of those affected by previous government control of their employment and wages are now elderly and in poor health. It is imperative that governments take immediate action to address these injustices. In fact, we go so far as to say it would be an abrogation of moral responsibility to delay any further, particularly with the knowledge that the age and infirmity of the Indigenous people concerned limit their capacity to pursue their own claims.

It is time to resolve this issue. Therefore, we urge governments to heed the key recommendations of the committee. As I have said, both the Queensland and New South Wales governments have already established schemes. However, the committee believes it is clear that the Queensland government should revise the terms of its reparations offer so that claimants are fully compensated for moneys withheld from them.

There is a need for further archival research and consultation with Indigenous people in the Northern Territory, South Australia, Tasmania and Victoria to establish if similar practices operated in relation to Indigenous wages in these jurisdictions. If they did, the committee recommends that the relevant governments establish compensation schemes.

I want to thank all of my colleagues who participated so helpfully and actively in this committee inquiry, particularly Senator Bartlett, who moved the original motion for the reference, and my deputy chair, Senator Crossin. I also want to thank our secretariat members, particularly Ann Palmer, who spent so much time working on this report, and our committee secretary, Jackie Morris, who came to the committee in the second half of the year. I am not sure that she was entirely aware of what she was letting herself in for. It has been a very constructive process. This is a very important report, and I hope that its recommendations are heeded.