Senate debates

Monday, 7 August 2023

Questions without Notice

First Nations Australians: Cultural Heritage

2:35 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

My question is to the Minister representing the Minister for the Environment and Water, Senator Wong. The Western Australian Labor government have admitted that their Aboriginal cultural heritage laws are disastrous and they have been forced to abandon them in a most humiliating backdown after less than one month. Does the Albanese government welcome this backflip by the Western Australian government and, given the total confusion, will the Albanese government commit to the Australian people that no aspect of these now abandoned laws will be replicated at a federal level?

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

I thank Senator Reynolds for her question. I make the point to her that I think I made to her colleague Senator Cash and to others that, obviously, this is the federal parliament, not the Western Australian parliament. I appreciate the opposition have a lot of—

An opposition senator interjecting

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

Order! Minister Wong, please continue.

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

Obviously the political commentary in her question, which she is entitled to make in speeches and so forth, is not actually relevant to a question to a Commonwealth minister. What I would say—

Opposition senators interjecting

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

Order! Senators, I've called for order and I've required you to listen to the question in silence. Minister Wong, please continue.

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

The comments that Senator Reynolds made about the Western Australian government, I suggest to her, can be addressed to the Western Australian government, and it's a matter for them to respond to that political commentary. In relation to the question about the Commonwealth, Minister Plibersek made it very clear last week that there will not be a Commonwealth takeover of laws and that the Albanese government will not be adopting or duplicating existing state and territory regimes. So that is the response to the issues that the senator has raised. I would make the point again that I understand that, from time to time, we all come here to play a bit of state and territory politics in this chamber. I think everybody does that occasionally, but—

An opposition senator interjecting

Yes, it is the states' house—I'm trying not to respond to some of the interjections here—but, ultimately, those laws are matters for state parliaments. We're here to deal with federal parliament matters. I make the point that I made previously, which is that the cultural heritage laws were part of a discussion that Ms Ley initiated, so it was, in fact, initiated by those on the other side. But I understand that there is no scare campaign that they don't wish to adopt in relation to the Voice.

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

Senator Reynolds, a first supplementary?

2:38 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

I am sure all senators here really enjoyed that lesson on the Constitution—probably somewhat unnecessary. My second question is: did Mr Albanese or anyone in his office talk to or pressure the Western Australian Labor government to abandon these disastrous laws?

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

I note that, of course, that was the default under Mr Morrison and Mr Dutton and that blaming the states or having a fight with the states was a very, very common way in which they dealt with any political issues. I'm sure that would be the instinctive response from those who were members of the Morrison-Dutton cabinet. I have no knowledge of any such discussions being had. If I am able to update the chamber about these matters in any way, I obviously will do so, but I would again make the point that these are matters for the Western Australian state government and that this is Western Australian state legislation. The opposition have spent some time playing a lot of politics with this issue in this chamber and in Western Australia, and I make the same point again: they are matters for the Western Australian government and Ms Ley herself commenced the discussion about cultural heritage. I have responded on that, Senator.

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

Senator Reynolds, a second supplementary?

2:39 pm

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

I can assure everybody here in this chamber that those on this side know just how important this issue is to Western Australians, which led to the backflip. So my question is this. The National Farmers Federation was quoted last week as being 'paralysed with fear' regarding these laws. You assured the Senate, saying, 'I have no doubt that Minister Plibersek will ensure that all stakeholders are consulted.' So how many times specifically has the minister consulted with the NFF, and what is your government planning to do through your cultural heritage laws?

2:40 pm

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

I would make the point that I think the senator is asking me a question about the consultation process which is still underway and which her deputy leader, not Senator Cash but Ms Ley, commenced. It was a process for discussion that was supported by calls from the member for Leichhardt. The Deputy Leader of the Opposition said:

This is about the government working with Indigenous Australians

In fact, Senator Duniam even said the Juukan Gorge—

Opposition Senators:

Opposition senators interjecting

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

President, I raise a point of order on direct relevance. The question was: how many times specifically has the minister consulted with the NFF?

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

I believe the minister has been answering that. I'll continue to listen carefully.

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

As I said, this process was begun under Ms Ley. I was trying to quote Senator Duniam, but I can understand why people might want to interject. He said the Juukan Gorge events were:

… so disastrous that they made it very clear that comprehensive work needed to begin, as a matter of urgency, on modernising Indigenous heritage protection laws …

Photo of Linda ReynoldsLinda Reynolds (WA, Liberal Party) Share this | | Hansard source

Again, President, I raise a point of order on direct relevance. The question was: how many times specifically has the minister—as in Minister Plibersek—consulted? There are four seconds to go and the minister has gone nowhere near answering that.

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

Senator Reynolds, it doesn't need your commentary on it. You've called the point of order. I said I would remind the minister of that part of your question, which I have done.

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

I will get advice on how many times she has met with the NFF.