Launch of the Australian Law Reform Commission's Reform journal on Native Title and the Reconciliation Action Plan
Tranby Aboriginal College, 13 Mansfield street, Glebe NSW
8 April, 2009
Attorney-General
Hon Robert McClelland MP
First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.
· Professor David Weisbrot AM, President, Australian Law Reform Commission
· Mr Michael West
· Mr Lyndon Coombes, Director, Tranby Aboriginal College
· Mr Tom Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner and Race Discrimination Commissioner
· Other distinguished guests
· Ladies and gentlemen
Good morning everyone – and thank you David for your welcome.
It’s a great pleasure to be here at Tranby Aboriginal College for the launch of two important documents – the latest edition of Reform, dedicated to native title, and the Commission’s Reconciliation Action Plan.
Tranby is an ideal setting for this occasion. Many thousands of Australians know it as a one-of-a-kind Indigenous adult education and training institution. This year it celebrates the beginning of its second half century of teaching.
I am reminded of the work of the Reverend Alf Clint, who auspiced the Co-operative which founded Tranby.
He was a hands-on social reformer who pushed hard for Indigenous self-determination and legal reform during an era when support for either his views or his work was barely modest.
And Kevin Cook who became its director for more than 20 years. Kevin is not well enough to be here today. In his absence we applaud his significant contribution to the cause of Indigenous education, and his ability to galvanise people into action.
Law Reform and the Work of the ALRC
If we reflect on the five decades since the College opened, one thing can be said – how much society’s values and social norms change.
From my perspective, Australia’s laws must evolve to keep in step with society.
Law reform must be systematic and well considered, and must take account of community views.
The Commission’s intelligent approach to community consultation ensures that recommended reforms are contemporary and relevant.
The special native title edition of Reform, which draws from the contributions of distinguished Indigenous and non-Indigenous people, has those same characteristics of relevance.
In fact, it could not come at a more appropriate time.
There is recognition by all parties in the native title system that the Prime Minister’s apology to the Stolen Generation has provided new impetus to re-examine the way we recognise the history and connection of our Indigenous peoples with the land.
Over the last 12 months, there have been a number of valuable contributions from those involved in the system about how it can be improved.
Many are contained in this edition of Reform.
As Attorney-General, I am responsible for the native title system and laws and over the last year, the Government has begun to set out its vision for new approaches to the resolution of native title.
As a result, I am certainly interested in the constructive proposals contained in Reform, especially those aimed at further encouraging agreement making.
Improving the Native Title System
Recognising native title is more than just recognising and acknowledging the history and connection of our Indigenous people with the land.
The Government understands that native title is an important property right that should be recognised and protected.
As a result, improving the native title system is a high priority for me.
There is no doubt that native title is a challenging, complex area of law. But those complexities should not be used as an excuse for not trying to find new ways of recognising Indigenous peoples’ property rights.
Rather, it should be a reason for finding new ways of doing things.
The Government firmly believes that all native title parties should work together to bring about better outcomes.
Native Title Amendment Bill 2009
As well as a change in approach by parties to claims, the same should apply to key institutions.
Recently, the Government introduced legislation to reform the Native Title Act in a way that will encourage broader, more flexible and quicker negotiated settlement of native title claims.
The key change contained in the Native Title Amendment Bill 2009 will give the Federal Court a central role in managing the resolution of claims from the time a native title application is made.
Having the Federal Court actively control the direction of each native title case means that opportunities for resolution can be more easily identified, deadlocks broken and the efforts of parties better focussed.
Despite these amendments, substantive change will only come where all parties take a fresh approach to resolving their claims.
That includes the Commonwealth, and we should lead by example where we can. The Government has, for example, recognised that non-exclusive native title rights can exist in territorial waters out to 12 nautical miles from the Australian shoreline.
We are committed to encouraging and pursuing agreements that provide fair and sustainable benefits which can also create Indigenous economic development opportunities.
We are working to make such agreements the norm, not the exception.
The Government recognises, and vigorously encourages all stakeholders to recognise that the swifter settlement of native title claims is not just a theoretical possibility, but one being achieved already by parties willing to move away from the traditional adversarial approach.
Protracted litigation and uncompromising negotiations benefit no one in the end.
The cost to all parties, and indeed to the taxpayer, is far too high. It also prevents that money being spent on much needed services for those people who native title is intended to benefit.
In the last financial year around $120 million was spent by the Federal Government on the native title system.
Native title agreements can play an important role in closing the gap of disadvantage between, particularly through the Indigenous economic development opportunities that native title presents.
Agreements can also contribute to reconciliation between Indigenous and non-Indigenous Australians.
These opportunities cannot be overlooked or ignored.
Reconciliation Action Plan
Today I am very pleased to here to also launch the Commission’s Reconciliation Action Plan.
These plans are important as they allow organisations to transparently detail the steps they will take towards building partnerships and greater understanding between Indigenous and non-Indigenous Australians.
The Commission’s Plan establishes an Indigenous Advisory Committee to help ensure the references and enquiries consider Indigenous perspectives and ideas.
It also establishes an Indigenous internship program – to guide the Commission in forming relationships with future Indigenous lawyers and to bring them into the important sphere of law reform.
I wish the members and staff of the Commission great success in transforming the Plan into practice.
On behalf of the Commission, it is my great pleasure to declare the Reconciliation Action Plan officially launched.
Thank you.
This page was posted on 8 April 2009.