Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I seek leave to move a motion relating to First Nations deaths in custody as circulated.

Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Link to this | Hansard source

If it assists, the government won't be providing leave, but we recognise the importance of this issue. We do want to have it dealt with but at another time.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Pursuant to contingent notice standing in my name, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to First Nations deaths in custody.

On 30 July 2025, I put forward a motion following the death of Kumanjayi White which passed this chamber. At that time, there had been 13 First Nations deaths this year. Today, just one month later, there have been 22. I send my sincere love and strength to those families. May your loved ones rest in power. Every life is precious, and I share your grief and anger at their stolen lives.

Deaths in custody do not just happen; they are the products of violence and systemic racism from colonial governments. Governments make laws, police enforce them as judge, jury and executioner, and the colonial system locks us out of justice. In the Northern Territory, in just one year the Northern Territory CLP government has caused mass harm and devastation to our people. Nearly half of all those incarcerated on remand are there because of laws passed in just the last six months—shame! Ninety-three per cent of kids in prison are Aboriginal kids—93 per cent!—and 99 per cent of kids have not even been convicted. This is illegal and arbitrary detention. Prisons are bursting, courts are buckling and we have too few lawyers to fight back. 'Tough on crime' is racist propaganda. It tramples the wisdom of our elders, denies our self-determination, breaches our human rights and rejects decades of evidence based research.

These murders must not be treated as normal. Cops should not keep their jobs after killing us. The media and politicians must be held accountable for spreading racist propaganda. The federal government has long been on notice. The alarm has been sounding every day for over 34 years since the Royal Commission into Aboriginal Deaths in Custody—every death, every child stolen and jailed, and every weapon allowed into a community by the racist police. Earlier this year, UN experts condemned Australia for jailing First Nations kids, and the government didn't even bother to respond. We have seen this government act with remarkable speed when they choose to draw on their vast powers. When state and territory governments say they won't follow human rights, it makes federal action a duty, not a choice.

The federal government can and needs to act, using its constitutional external affairs powers to set minimum standards for prisons, policing and children to meet human rights obligations and to create a national oversight body with the power to monitor and drive implementation of the Royal Commission into Aboriginal Deaths in Custody and the Bringingthem home report. It needs to introduce a framework of penalties for states and territories that fail to close the gaps.

The federal parliament can override the Northern Territory law. It did so through the Northern Territory Intervention to the great harm of our people. They surveilled us, shamed us, punished us and controlled us. They could use the same powers now to act for our people. They could prohibit the use of capsicum spray in Aboriginal communities. They could ban the arming of security and police with firearms on public transport, in public housing and in our communities. And they could secure justice for Kumanjayi White.

Right now, elders from the Northern Territory are protesting in Darwin and Alice Springs, and the Blak Caucus in Sydney—outside of the PM's office. I want you all to know—every activist out there fighting for the survival of our people in this country—that I stand with you. We will not stop fighting until our people stop being killed at the hands of this racist colonial system.

Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Link to this | Hansard source

I will make a very short contribution, if I can. The government, as I indicated before, recognises the importance of the motion and the issues that Senator Thorpe is raising. They are obviously very important to Senator Thorpe, but they should be important to all senators. Our issue isn't with the content. Our issue is that we haven't seen this motion; it's only recently been circulated.

Senators on all sides of the chamber have not had an opportunity to view the very complex nature of this motion. They should be given that opportunity, particularly if there's a requirement for senators to propose amendments. That's why the government was seeking to deny leave. But we do know that there are other opportunities, particularly even this week, for Senator Thorpe to put forward a motion of this kind, and for all senators to consider the content of the motion at that time. That's for Senator Thorpe to decide, but that's something that the government will consider fully. That's not something that we can do at this time. With that, I move:

That the question be now put.

Question agreed to.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the suspension motion be agreed to.