Senate debates

Thursday, 1 March 2007

Corporations Amendment (Takeovers) Bill 2007

Legal and Constitutional Affairs Committee; Report

Debate resumed from 7 December, on motion by Senator Payne:

That the Senate take note of the report.

7:07 pm

Photo of Andrew BartlettAndrew Bartlett (Queensland, Australian Democrats) Share this | | Hansard source

I again want to speak briefly to the committee’s report Unfinished business: Indigenous stolen wages. Because it is such an important report, I want to take every opportunity I can to draw attention to it and reaffirm my determination to continue pressuring and pressing for further action in this area. For people who want greater background into the history of what is generally summarised as the stolen wages issue—concerning lawfully entitled payments that were not paid to many of Australia’s Indigenous people over decades throughout many parts of Australia—I would recommend that they read this report and also look at the most recent issue of the National Indigenous Times, which has quite good, in-depth detail of this very appalling part of our nation’s history.

Whilst it obviously involved Indigenous Australians in large numbers, in many respects it is not something that can be seen as just an Indigenous issue. In many respects it is simply a legal issue. Australians who perform work are entitled to be paid for it. That payment was taken by the government, allegedly for safe keeping, and was either never repaid or not fully repaid. It is a pretty straightforward situation that I think most people can comprehend, whatever they might think about all the other debates around various policy areas of Indigenous affairs. If somebody works for pay, they are entitled to it. If they do not get paid and the government takes it for safe keeping and does not give it back, they are entitled to get it. If they have passed away, then their children are entitled to get it. There have been some moves, particularly in New South Wales and, to a lesser extent, Queensland to remedy that situation, but there is still a lot more to be done.

The report had only six recommendations, including a recommendation that the Commonwealth government and state governments facilitate unhindered access to their archives for Indigenous people and their representatives for the purposes of researching the Indigenous stolen wages issue further, as a matter of urgency. It is urgent because many of the people who are seeking justice in this area are quite elderly. Indeed, one person who gave evidence to the Brisbane hearing of the committee late last year passed away by the time the committee had reported. So it is an urgent issue.

The committee also recommended that the Ministerial Council on Aboriginal and Torres Strait Islander Affairs agree on joint funding arrangements for an education and awareness campaign in Indigenous communities in relation to stolen wages issues and preliminary legal research on Indigenous stolen wages matters. The committee also recommended that the Commonwealth government provide funding in the next budget to the Australian Institute of Aboriginal and Torres Strait Islander Studies to conduct a national oral history and archival project in relation to Indigenous stolen wages so that more of this material is not lost. One of the wider benefits of this inquiry, not just of the report, is the transcripts of evidence and the many submissions that were provided. They provide valuable material for future research and for some of these stories and histories to be preserved and not lost.

The committee had a specific recommendation with regard to the Western Australian government because it clearly identified prima facie evidence that there are similar issues there as had been identified in Queensland and New South Wales that need urgent action. Basically, it just had not been acknowledged. For all the criticism I have had and will continue to have about the inadequacy of the Queensland government’s response to date, at least they have acknowledged it and made some response. I am cautiously heartened by the initial actions of the current minister responsible for Indigenous affairs in Queensland, Mr Warren Pitt, with some of the discussions he is having with the Stolen Wages Working Group about how to progress this area further with regard to some unallocated moneys. That is still in the early stages, but I think it is worth acknowledging that there is some movement and indication of goodwill.

Regarding the Western Australian government, I imagine that Senator Webber, who is a member of the committee as well, will keenly continue to apply pressure to urgently consult with Indigenous people in relation to the stolen wages issue and to establish a compensation scheme in relation to the withholding of payment, underpayment and nonpayment of Indigenous wages and welfare entitlements, perhaps using the New South Wales scheme as a model. The committee also recommended that the Commonwealth government conduct preliminary research into its archival material in relation to the stolen wages issue as it applies to Western Australia.

A further recommendation was that the Commonwealth government have urgent consultations and conduct preliminary research in relation to the Northern Territory in particular, the ACT and also the state governments of South Australia, Tasmania and Victoria. If that reveals that similar practices operated with regard to the withholding of payment, underpayment or nonpayment of wages, they should also act urgently. I repeat: it is not just a matter of state governments needing to act on this; there is clearly a requirement and a clear recommendation for the federal government to act on this. I would have to say that the level of engagement by the relevant federal department for the inquiry was derisory and did not give me a great deal of confidence that this issue is being taken seriously. It is a serious issue.

Senator Brandis, who was also a member of the committee and is in the chamber at the moment, gave quite an eloquent speech when this report was tabled and did some good questioning at the committee hearing in Brisbane. Of course, he is no longer a member of the committee because he has had the good fortune—at least I presume it is good fortune; I hope he is finding it an area of good fortune—of being appointed to the ministry. I would like to think that that position gives him greater opportunity to further pressure his colleagues. He is not quite in the cabinet yet, so he is probably not in the budget discussions, but I am sure he has opportunities in his party room or elsewhere to pressure his own colleagues in the Commonwealth government to do what is really quite a small initial action. It is not going to cost bucketloads of money; it really is a matter of giving it priority, having a look and dedicating or enabling people to look at those records to see what material is in the archives, rather than just saying: ‘We don’t know. There could be stuff. Not really sure. There might have been a report. Don’t really know. Don’t know where it is,’ which was, frankly, about the level of evidence we got from the relevant Commonwealth department.

There was also a recommendation encouraging the Queensland government to revise its offer. As I said before, I will certainly keep the pressure up on the Queensland government, and I am sure that some of the Labor colleagues—including Senator Moore, who was on this inquiry as well—will also do so. As I said, there are some positive early signs.

It is certainly not a matter of blaming all the current governments for what has happened in the past, but it is a matter of making it clear, as this inquiry was able to demonstrate, that there is a gross injustice here. It is not just a minor, unfortunate thing from the past that we cannot do anything about but express regret for; it is a gross injustice. And there is clearly not only an opportunity but also an obligation to do what is possible to remedy it. It can never be fully remedied; I accept that. You can never undo all the mistakes and injustices of the past. But you cannot use that as an excuse for inaction.

This was a unanimous report of all parties and it was a very clear report. They are simple, clear recommendations and I would urge the relevant state governments and the Commonwealth government to act on them. I would also urge all senators, as representatives for their states, to do what is necessary to bring this to the attention of their relevant state governments and pressure them to act where necessary. I seek leave to continue my remarks later.

Leave granted; debate adjourned.