Rachel Siewert (WA, Australian Greens) Share this | Hansard source

by leave—I move Greens amendments (4), (6), (7), (8) and (17) on sheet 5201 revised together:

(4)    Schedule 1, item 7, page 4 (lines 27 to 30), omit subsection 203A(3A), substitute:

     (3A)    The invitation may specify the period for which an eligible body would be recognised, if the body successfully applied for recognition. The period specified must be no less than 3 years and no more than 6 years.

(6)    Schedule 1, page 4 (after line 30), after item 7, insert:

7A  After subsection 203A(3)

Insert:

      (3B)    If an eligible body has been recognised, the Minister must, before the expiration of the period of recognition mentioned in subsection (3A), invite the representative body for a further period of recognition.

(7)    Schedule 1, page 4 (after line 30), after item 7, insert:

7B  After subsection 203A(3)

Insert:

      (3C)    If a recognition period for a representative body has been specified under subsection 203A(3A) for a period of less than 6 years, the Minister must give to the applicant a reason in writing for having specified a period of less than 6 years.

(8)   Schedule 1, page 4 (after line 30), after item 7, insert:

7C  After subsection 203A(3)

Insert:

     (3D)    If a recognition period for a representative body has been specified under subsection 203A(3A), the Minister must invite that representative body to apply for further recognition no later than 6 months before the end of that recognition period, except in circumstances where notice is given by the Minister at or before this point in time of an intention to withdraw recognition in accordance with subsections 203AH(2) and (3).

(17)  Schedule 1, page 14 (after line 27), after item 28, insert:

28A  After section 203C

Insert:

203CAA  Link between recognition and funding

                 It is a general principal of this Act that:

             (a)    where recognition has been given to an eligible body in accordance with Division 2, the Secretary of the Department is required to provide funds to the recognised eligible body; and

             (b)    funding will be provided for the duration of the period of recognition; and

             (c)    funding periods and recognition periods will be of the same duration.

I realise that one of these amendments seeks to deal with an issue that the government has amended, but I would like to put on the record that the Greens do not think that the period the government has changed the minimum recognition period to is adequate. We are moving an amendment to change that to three years because we believe that that enables a greater period of stability for rep bodies. It also means that they do not have to continually be reapplying for recognition, which would place an associated administrative burden on those groups.

Amendment (6) relates to requiring the minister to invite rep bodies to reapply for recognition before the recognition period expires. This is about giving a greater degree of certainty to native title rep bodies.

Amendment (7) states that, if the minister chooses to recognise a native title rep body for less than the default recognition period of six years, the minister should be required to give a reason in writing for the shorter period of recognition so that there is a degree of transparency. As I have mentioned previously, we believe that the executive is being given far too much power and is in fact not subjecting itself to processes that require openness and transparency. The government keeps talking about native title rep bodies having to be accountable, yet I believe that this bill introduces amendments that give the executive more power but do not subject it to the same requirements for accountability and transparency. We believe that the default period for recognition should be six years with a minimum of three years. Therefore, if the minister decides that they should not be recognised for that default period of six years, the minister should be required to give notice in writing.

Amendment (8) requires the minister to give the rep bodies reasonable notice before the expiry of the period of recognition, inviting them to reapply or giving notice of intention to withdraw recognition. Again, this amendment is designed to ensure that there is a greater degree of stability for rep bodies so that they can do long-term planning and can get on with the job.

Amendment (17) is about coinciding the recognition and funding periods for native title rep bodies. Again, this is about increasing stability for native title rep bodies so that they do not have to keep reapplying for funding. This amendment also addresses the issue that is constantly raised, as I have said previously, about the need for greater resources for native title rep bodies to get on and do their jobs. We believe that the period of recognition and the funding period should be coincided so, again, the administrative burden for rep bodies is reduced.

I am aware that we are jumping between amendments at the moment. As I said, part of the issue of the period of recognition has been addressed. But our amendments seek to give a greater degree of certainty to native title rep bodies so that, as the minister said, they can get on and do their jobs.