Senate debates

Tuesday, 2 February 2021

Bills

Native Title Legislation Amendment Bill 2020; In Committee

7:01 pm

Photo of Patrick DodsonPatrick Dodson (WA, Australian Labor Party, Shadow Assistant Minister for Reconciliation) Share this | Hansard source

I rise to make clear that Labor does not support the amendments put forward by the Greens, and I seek to make a few comments in relation to that. This bill was introduced on 17 October 2019, some 15 months ago. Since that time Labor has been consulting with affected communities and other stakeholders, including through a detailed Senate inquiry. It is unhelpful for significant amendments to be moved now, at the last minute on the very day the bill is debated here. While we do have concerns about certain provisions in this bill, as to how they may operate in practice, there is general agreement from Indigenous stakeholders that this bill improves many aspects of the native title system and should now become law. We in Labor respect the wishes of those Indigenous and other Australians who have made it clear to us in numerous consultations that they want this bill to now become law.

However, recognising the concerns raised by some stakeholders about certain measures in the bill, and in order to address any potential unintended consequences of these measures as well as to address broader concerns about the operation of the native title system, Labor has obtained an agreement from the government that before the end of five years, following commencement of the measures in schedule 6 of this bill, an evaluation of the amendments introduced by this bill will be conducted by the government and a report of that evaluation will be provided to the parliament. The Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar AO, will undertake a review of the Native Title Act, and the government has advised us that that review is expected to commence within 12 months. I appeal to the government and the parliament to respond positively to the social justice commissioner's report when her review is completed. The aim should be that that review be a comprehensive review of the operation of the act and the impact on the rights of native title holders, and to achieve amendments to the act in the future that protect the native title rights of First Nations people and ensure that the balance struck between competing interests is transparent and fair. The improvement of our native title system along these lines is an opportunity to bring justice and honour to our nation. It is an opportunity that we urge the government to seize.

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