Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
2:36 pm
My question is to the Minister representing the Prime Minister, Senator Wong. Last week the High Court spent several days hearing a claim made by the Gumatj people in relation to the Gove Peninsula in Arnhem Land. This is a case about the just terms compensation under the Constitution. The Gumatj people are claiming $700 million in relation to one small part of the Northern Territory. If they are successful and the ruling is applied in other places, the Commonwealth may have to pay billions or even tens of billions in native title compensation. How much, if anything, has the Commonwealth set aside to pay for this contingency?
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
2:37 pm
If I may, President, I will first say to the delegates from Timor-Leste: [language not transcribed]. You are very welcome here. In relation to the question from Senator Cash, obviously this matter is before the High Court. Her question goes to a matter that not only is before our most senior jurisdiction but is, of course, a hypothetical. I'm sure she would be unsurprised—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
$700 million is not a hypothetical.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
Senator, you and I both know—
Sue Lines President
Senator Cash, you've asked your question. Minister Wong, please continue.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
You and I both know that it's not the practice in this place for us to prejudge what might occur in matters before the court. You and I both know as well that this is a matter that any government would have to deal with. Any government would have to deal with a judgement of the High Court. So my answer to you is that I certainly won't be speculating in the way you seek to—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
There is no contingency.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I certainly won't be speculating as—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
Just wing it.
Sue Lines President
Senator Cash, I have called you to order a number of times, and I would request that you—
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
The chamber's almost silent.
Sue Lines President
I can hear what you're saying very clearly. It is disorderly. I appreciate that you're not using a very loud voice but, equally, Senator Wong is not using a loud voice, so that means the whole tone of the chamber needs to come down, including interjections. Minister Wong, please continue.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I simply say that I would assume that, as the shadow Attorney-General, she might actually respect the judicial process. I know that this might be an alien concept to you, Senator, but we have a separation of powers, and we have a judicial process, and, as the person who aspires to be the nation's first law officer, I would have thought you might show the judicial process a little more respect. We know what you are doing here. My advice to you, Senator—why don't you show the High Court some respect?
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
2:40 pm
Minister, has the Commonwealth done any modelling on the budgetary and economic impacts of an unexpected $700 million compensation bill, and, if so, what are the impacts?
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
I refer to my first answer.
Michaelia Cash WA, Liberal Party, Shadow Minister for Employment and Workplace Relations
Could you please inform the Senate what contingency plans are in place if the Commonwealth is suddenly liable to pay hundreds of millions—if not potentially billions—in compensation, given it's the taxpayer who'll be picking up the tab?
Unidentified interjection - Hansard doesn't record who said this
Hon. Senators:
Honourable senators interjecting—
Katy Gallagher ACT, Australian Labor Party, Minister for the Public Service
A lot of 'what if's'.
Penny Wong SA, Australian Labor Party, Minister for Foreign Affairs
2:41 pm
I refer to my first answer.