Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Hansard source

The Minister for Families, Community Services and Indigenous Affairs and the Minister for Disability Reform provides the following answer to the honourable Senator's question:

(1) Yes. It is noted that the Northern Land Council (NLC) provided detailed advice regarding this payment in oral testimony on 30 March 2010 to the Senate Legal and Constitutional Affairs Committee and in a written response dated 28 April 2010 to questions on notice from the Committee (Senator Ludlam and Senator Crossin).

(2) Under the deed, the NLC was responsible for the receipt and disbursement of the funds for the benefit of the traditional Aboriginal owners and other Aboriginals concerned in relation to the nominated site. The NLC detailed its fulfilment of that responsibility in its oral and written testimony to the Senate Legal and Constitutional Affairs Committee in 2010. Accordingly, the NLC has no liability for these funds.

(3) (a) and (b) The site nomination deed was signed by representatives of the Commonwealth, the NLC and the Muckaty Aboriginal Land Trust, rather than by individual traditional owners in their own right. This accords with the structure and requirements of the Aboriginal Land Rights (Northern Territory) Act 1976. Accordingly, any question of individual traditional owners withdrawing from the deed (or associated liability as to payments received) does not legally arise.