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Ivan Dean MLC Legislative Council Seat:
Windermere |
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Thursday 16 June 2005 ABORIGINAL LANDS AMENDMENT BILL 2005 |
| Mr DEAN (Windermere) - Mr Deputy President,
I just want to address a few points. As I raised this morning at the briefing,
this is a very important bill as far as we are all concerned. It was foisted
upon us at fairly short notice; I think it came into my possession last
Friday, therefore I have not had long to address the issues. However,
the briefing this morning - and I am pleased that I requested that - certainly
highlighted a number of issues that I saw and had some concern with. I also have been approached by other Aboriginal communities who said that they have not been consulted on this bill and that they were acutely disappointed that this did not occur. They asked me to make that known. The lady's name has already been mentioned this morning at the briefing, Kaye McPherson, who expressed some disappointment with that. Specifically at this stage I would like to address proposed section 3A of the bill where it deals with the three points of proving one's Aboriginality. There are issues there that have already been discussed by the other two members, the member for Rosevears and the member for Huon. They do concern me. As far as Aboriginal ancestry is concerned, I would have thought that if a person is able to prove that they are Aboriginal that would have sufficed. Then we go on to self-identification and I guess that is easy enough for a person to do, as the member for Huon said. The one that I have concern with is the communal recognition, and there are a number of things that concern me in that regard. I quoted a situation previously where a person that I am aware of, an Aboriginal, was living in a small place, Woodsdale, and some of you might remember that. As I understood it, at one stage they were the only Aboriginal family living in that area, that community. So it would be very difficult for those people in that circumstance to get community recognition. I suppose they would have to move away from that community. I just want to read from a document that we were provided with this morning in relation to communal recognition. It reads: 'a person must generally be able to demonstrate communal recognition or acceptance by members of the broader Aboriginal community.' It then goes on: 'This means that a person must be known by other Aboriginal people in the local community and show a link to Aboriginal ancestry through either their own or their family's acknowledgment of their Aboriginal ancestry and their involvement in that local community.' [3.45 p.m.] The other point I raised was that to get communal recognition - and I suspect it could happen - if a person is not thought well of by an Aboriginal community, would they be likely to get the recognition that was necessary? Perhaps not. I really do have concerns with this three-part recognition and I fail to see why it is necessary. Why do we not proceed down the track of requiring DNA testing? Would that not satisfy it once and for all? That has been mentioned previously and perhaps that is an easy way to satisfy this very, very important and very, very critical issue. Mr Finch - Is DNA readily identifiable? Does it come through in the - Mr DEAN - DNA is able to identify back to your ancestry and it is almost 100 per cent recognition of your person and where you come from. Mr Finch - Just from a blood sample? Mr DEAN - No, from a saliva test. It does not have to be blood. It is a very easy way to sample, as the police do, Mr Deputy President; they take DNA. They simply take a swab from a person's mouth - it is very simple, very easy and can be done very, very quickly. Mr Harriss - Expensive, though? Mr DEAN - Inexpensive. There are two other issues that I raised this morning, too, Mr Deputy President, that I want to refer to. One was my concerns in relation to what happens in the Electoral Commissioner's office for a person to seek enrolment. As I understand it, the application form is filled out, the application form is received within the office and that name is then placed on a preliminary enrolment form and that preliminary enrolment form is then forwarded to Service Tasmania outlets. I am told that then there is some publicity, I think in the written media only, of the fact that those preliminary enrolment forms will be in those offices for inspection by anybody who would want to inspect them and those names on the enrolment forms. I am told that if nobody objects to the name on that enrolment form, if the enrolment form comes back into the Electoral Office, the Electoral Office can then automatically, as I understand it, place that name onto the principal electoral roll. And as our President identified, it is possible under those circumstances for a person who has no Aboriginal background to get onto that enrolment form. It is possible for that to occur. There is no thorough checking of the particulars or the facts as provided by that person where no objection is made to that name on that preliminary roll. Mr Harriss - The Leader does need to clarify that. Mr DEAN - Yes, I would ask the Leader to clarify that in replying to the debate. It is a concern. I understand that there is a statutory declaration required to be filled in on that form, so if false information is provided then that clearly would be a breach, if you can prove it, but I do have some concerns if in fact that is able to occur. The other concern I raised this morning was with the people who will be identified by the Electoral Commission to go into the community to talk with the community and solicit or attract and identify people and have them enrolled. I think I understood that correctly. My concern there was the independence of some of those people, Mr Deputy President, and how that is going to occur. How will these people be identified to go out into the community and how can we be assured that they are treating all people in the right way in attempting to get them to do what is necessary in the circumstances? I just have some concerns with that procedure as well and perhaps a further explanation for the purposes of Hansard is necessary. Having said that, I do not think there is a need for me to take it any further - the matters have been covered. But I do reiterate my concern in relation to the three necessary points to identify with Aboriginality and in particular the third point on community recognition. I believe that is flawed. I do not believe that is a good course for us to adopt in the circumstances. |
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