Don Farrell (SA, Australian Labor Party) Share this | Hansard source

I will not regret it, Senator, because what I am saying is absolutely true. The cooperation between the Rudd government and the Henderson government in the Northern Territory will solve this problem. You have to take the community with you on this issue. The only way these issues are going to be solved is by taking the community with you—and that is what we are doing, and that is what we will continue to do until the problem is solved. That is why it is so important that we pass this piece of legislation.

As I said, we have made progress, but more needs to be done. I believe it is important to note that the legislation is compliant with the Racial Discrimination Act. This legislation does not override the Racial Discrimination Act as the previous National Emergency Response Act did. The Racial Discrimination Act allows for positive discrimination to assist disadvantaged members of the community, which in this instance are Aboriginal children in remote areas. The Racial Discrimination Act is important legislation that protects the rights of the most vulnerable in our society against unfair treatment and should never have been cast aside in the rush for a quick fix.

The other significant aspect of the legislation is that schedule 3 restores the permit system that is so important to Aboriginal communities. The government is committed to implementing all the key elements of the emergency response. However, there is no evidence that changes made to the permit system by the previous government contribute to the objectives of the emergency response—namely, protecting children and making communities safe. In fact, Vince Kelly, President of the Northern Territory Police Association, and a very fine fellow—I think he might now be the President of the Police Federation of Australia—has stated that the permit system does have an important role in policing these communities and keeping out grog and drug runners.

The changes to the permit system made by the previous government, which included allowing public access to major communities, came into effect on 17 February 2008. The Rudd government’s election commitment to retain the permit system also included allowing greater access for journalists and government contractors. Once the bill has been passed and the permit system has been reinstated, the Minister for Families, Housing, Community Services and Indigenous Affairs can make a determination to allow journalists as a class of persons to access Aboriginal land.

The Australian government is of the belief that Aboriginal people should have the rights over their traditional lands. At no point was the case conclusively made that the permit system somehow contributed to the sexual abuse of children in the Northern Territory. The permit system allowed Aboriginal communities to have some control over those who come onto their land. Just like any homeowner, you need to be able to choose who you let onto your property and who you do not. The permit system allows Aboriginal communities the option to get rid of outsiders who are harmful to their community and I wholeheartedly support that regime.

I do not understand how the Australian government was supposed to generate trust and enthusiasm for its programs by pouring resources into the Northern Territory but at the same time removing land rights from Aboriginal communities. I fear that the Liberal Party’s overemphasis upon free and unrestricted movement of people through Aboriginal lands has led them to misdiagnose the problems facing Aboriginal communities. There may be some instances where the provision of services is hampered by the process of asking for permission to enter Aboriginal lands. But I think it is highly doubtful that Aboriginal communities would reject genuine offers of assistance and legitimate requests to visit their land.

I believe poverty is the biggest factor that leads to child abuse. Of course, that was the substantive issue that the report of Pat Anderson dealt with. If we are to stop the abuse of children, the Australian government must take concrete steps to address poverty, not engage in side issues such as simply removing the permit system. I commend this legislation to the house and I urge all senators to support it.