Senate debates

Wednesday, 8 March 2023

Questions without Notice

Aboriginal Deaths in Custody

2:40 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Attorney-General, Senator Watt. This week Senator Dodson, a former commissioner of the Royal Commission into Aboriginal Deaths in Custody, has called out your government—his own government—over its inaction on implementing the recommendations put forward by the royal commission over 30 years ago. Can you tell me if the government is going to ensure full implementation of all 339 of the recommendations?

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Senator Thorpe, for your question. I agree—and I would like to think that everyone in this chamber would agree—with Senator Dodson that, 32 years after the Royal Commission into Aboriginal Deaths in Custody, the rates of incarcerated First Nations adults and youth are unacceptable and the rates of deaths in custody among First Nations adults and youth are unacceptable. There are many members of our government, and those across the chamber, who have said before—and will I'm sure keep saying—that First Nations incarceration rates and deaths in custody are a national shame.

Coming into government, it was clear to us, unfortunately, that for the past nine years First Nations justice was just not a priority for the former government. That's why last year the Attorney-General worked closely with his colleague Ms Burney to form a First Nations justice task force with officials from the Attorney-General's Department and the National Indigenous Australians Agency.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, a point of order?

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

Yes, on relevance.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The minister is being relevant to your question. Minister, please continue.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

A point of order on relevance: the question was: when are you going to implement the recommendations in full?

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, I did, on your first point, say that the minister was being relevant, and I am going to say on your second point that the minister is being relevant. Senator Birmingham?

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | | Hansard source

On the point of order and the handling of points of order, this is a seemingly new practice—to rule before a senator has even had a chance to put their case. On Senator Thorpe's first point of order, she had no more than got the word 'relevance' out of her mouth than you ruled against her, without hearing the basis upon which she was claiming relevance. I would, President, invite you to reflect upon that, in terms of your handling the points of order. I understand it where they are repetitious or take approaches that are disorderly in the chamber. But in this case, I think a first point of order from a senator on a question deserves the opportunity for that senator to have the chance to make their point.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Birmingham. Senator Wong, I'm going to respond, and then I'll come to you. Senator Birmingham, as I have pointed out many times on points of order, I have senators stand and make statements and repeat questions and go to great lengths, which is unnecessary. In Senator Thorpe's case—and my apologies if she hadn't finished her point—I understood that she had finished, so I ruled. I'm going to go to Senator Wong.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Perhaps I could make a couple of points in relation to your ruling. The first is that it was in fact Senator Ryan who first started to truncate the submissions on points of order, because his view what that a number of us—and I may have been one of those!—made too many contributions on our feet on points of order. I was cut off on a number of occasions by Senator Ryan, as the President, being of the view that he had already come to a view about the substance of the point of order. I have to say, Senator, I thought you were saying the word and then sitting down. We have no objection, if the President wishes to call you, to you making your submission if you wish to do that.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, on your first point of order: if you hadn't finished, I invite you to make a short statement about your point of order.

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

Thank you for the indulgence, President. My point of order was on relevance. The question was relating to if the government is going to implement the 339 recommendations that will save black lives today.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you, Senator Thorpe. You went to statements that Senator Dodson had made, and in general, about the royal commission and other matters. I do believe the minister was being relevant. I'm going to invite him to continue.

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

As I was saying: last year, in recognition that there is still more work to do in implementing the recommendations of the royal commission, the Attorney-General established a First Nations justice task force with the Minister for Indigenous Australians, Ms Burney, and that contains officials from both of their agencies. That task force is leading the design, coordination, and implementation of this government's historic $99 million First Nations Justice package. That includes unprecedented Commonwealth investment in justice re-investment; unprecedented Commonwealth investment in Aboriginal and Torres Strait Islander legal services to provide culturally appropriate legal assistance in coronial inquiries; and a commitment to real-time reporting of deaths in custody. The government is also working closely with states and territories on a proposal to raise the minimum age of criminal responsibility. We acknowledge there's more work to be done in this space. It needs to happen, and we're getting on with doing it.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, first supplementary.

2:46 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

Thank you, Minister, for your response. What will your government do to support your own special envoy, the father of reconciliation, taking urgent action on the implementation of the recommendations, and what time frame are you operating under, given it's been over 30 years already?

2:47 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Senator Thorpe, for drawing attention to someone that I know we are all extremely proud to have within our ranks, Senator Dodson; not just the father of reconciliation but, of course, a commissioner in the Royal Commission into Aboriginal Deaths in Custody. In fact, on a personal level, I think that's probably where I first became aware of Senator Dodson's incredible advocacy on behalf of our First Peoples. Senator Dodson has been a lifelong advocate for and a leader amongst First Nations Australians. I know that he's making a very strong contribution as a member of the Albanese government to deliver on those recommendations and to improve the position of First Nations people in our country every single day. I've come to regard Senator Dodson as a friend. I've learnt a lot from him. I know that he is someone of incredible goodwill and puts the needs and rights of First Nations people at the centre of what he does every single day. We can all learn from him, and we can all take up his call to do more in this area.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Thorpe, second supplementary.

2:48 pm

Photo of Lidia ThorpeLidia Thorpe (Victoria, Australian Greens) Share this | | Hansard source

THORPE () (): One of the key factors impacting deaths in custody is access to health care in prisons. By making Medicare in prisons available, First Nations people could access Aboriginal health checks and culturally safe health care. Years ago Labor made a policy commitment to Medicare in prisons. When are you going to make this a reality?

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Of course, our government is doing everything it possibly can to rebuild Medicare after years of destruction, whether that be in the general community or in prisons. We have been on the record on many occasions saying that, after nearly 10 years of Liberal-National government, Medicare is broken. That applies whether we're talking about people seeking to go to a GP in their community or whether we're talking about prisons. These are important issues to make sure that all prisoners—and in particular First Nations prisoners, given the unacceptably high rates of both incarceration and deaths in custody—get the health treatment that they deserve. I have every confidence that, through the leadership of people like Senator Dodson, Senator McCarthy, Ms Burney, Ms Scrymgour and many others, this government will be doing more in this space than any government we've ever seen.