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Mr DEAN (Windermere ) - I, too, want to recognise the Tasmanian Aboriginal
people who are here today. I also want, at the outset, to commend the
Government for bringing this bill forward. I, like every other member
in this House, have looked at that bill very closely over the past few
weeks and I find it to be a very good strong bill, a bill which will
help us move on towards reconciliation. Very clearly, having said that,
I will be supporting the bill.
The colonial era of European expansion shaped today's world to a large
extent and in the process created, in places, legacies of discord that
continue today . The world we live in cannot be unmade. However, thinking
in the Western democracies has evolved so that, by and large, almost
every citizen who lives in our kind of society would agree that the
concepts of fairness and due process should be at the very heart of
redressing wrongs that provably were done to another citizen.
We live in the world we inherited. We can, and do, refine the laws that
govern us. Indeed, Mr President, our intent as legislators can be characterised
as a continuous assessment of what I might call the 'fairness factor'
of every bill put before us. Time and again we ask: is the proposition
fair and reasonable? Where a process is proposed, as indeed one is within
the Stolen Generations of Aboriginal Children Bill 2006, the question
becomes: is that process a commonsense solution, is it reasonable and
is it fair?
Unfortunately where a grievance is old and involves a small minority,
as is the case with the stolen generations throughout Australia, there
will always be a substantial proportion of society that would prefer
to defer any resolution and some will adamantly oppose the very idea
that a resolution needs to be discussed at all. I dare say that, put
to the test, every critic and opponent would tick the box for a favourable,
rapid resolution on any matter where they thought they themselves had
been wronged and where they had a provable case for compensation. Justice
delayed is justice denied, would be their catchcry, and yes, society
is far from perfect when it comes to issues of justice.
The long delay in compensating the victims suffering from asbestosis
is a case in point; the years David Hicks has spent jailed in Guantanamo
Bay without being brought to trial and the often lengthy and tortuous
prosecutions of those charged with white-collar crime are all instances
that create cynicism among citizens about our system of justice. Nevertheless,
society's goal remains to have a justice system that is just and that
change does occur with time. For instance, laws once written to favour
property owners over tenants and to favour men over women have been
replaced by more equitable principles. In my lifetime execution by hanging
was struck off the statute books and the uncompromising rigid opposition
that denied women equal pay for equal work was done away with. In the
words of the psalm, Mr President, 'there is a time for every purpose
under Heaven'. If we are ever to settle the question of the wrongs done
to children removed from their families that time is now. I would support
the Premier's words that we should do so because it happens to be the
right thing to do. I will stand to be corrected but very simple principles
apply when there are legal considerations in a claim for compensation.
First, is a wrong identified? If so, then an assessment of harm done
follows as a consequence and finally compensation is awarded.
Was wrong done? So far as I am aware, since the 1997 publication of
Bringing Them Home, otherwise known as the national report on the stolen
generations, no critic of that report has argued convincingly against
the report's central contention that the State played a role in the
forced removal of some Aboriginal children from their families. The
State played a role in the forced removal of children. It bears repeating
because without this contention there would be no need for this bill
at all. Moreover, because the bill itself was introduced by the honourable
Premier of the Government, the State, at least here in Tasmania, has
admitted that a wrong was done.
The State played a role in the forced removal of some Aboriginal children
and a wrong was done. This bill in a nutshell encompasses all three
of the principles I spoke of earlier. The wrong is admitted and the
bill then proposes a mechanism and a process for resolution, including
the method of compensation and it sets aside funds for that purpose.
That was clearly articulated by the Leader in his opening speech in
relation to this bill.
I congratulate the Government on its powers of negotiation. From comment
in the media, it seems that they have reached amicable agreement with
spokespersons for the Aboriginal community about the compensation package.
However, I do wonder if every claimant who comes forward will accept
the amount of compensation they might be offered without further grievance.
Indeed, I foresee that some might complain because after assessment
their claims might be rejected. I hope that does not occur because it
would wither the goodwill so assiduously constructed in the wider community
and dash the hopes that this step to compensate the stolen generations
here in Tasmania might inject new light into the broader issue of reconciliation.
I have indicated my general support for this bill because I believe
that we cannot aspire to have a just society if wrong is done to a group
of citizens who are identified and then redress is denied. It follows
that if a wrong was done and the State admits that was so then there
should be resolution and as rapidly as possible. We are talking about
incidents in people's lives that took place many years ago. It remains
only to ask if the process proposed by the Government is fair and reasonable.
On my understanding of what has been said in the media, representatives
of the Aboriginal people are fully in accord with the content of this
bill. They have voiced no dissatisfaction that I am aware of about the
assessment process, the time in which that is to occur or the details
of the compensation package.
I have spoken to a number of the Aboriginal community in my area of
Launceston and there has been great support of the bill and the way
in which the Government now wishes to move forward. They were very strong
in their position that they believe that this will assist tremendously
in reconciliation and setting a better direction for the future. Nevertheless,
I would appreciate assurances from the Government that my understanding
is correct and that there are no outstanding areas of friction between
the Government and those with whom they have been negotiating. As I
said, I am not aware of any issues that are still outstanding that have
not been settled, as it were. Otherwise my own view is that the bill
is a reasonable, commonsense document and I would hope that if we are
to pass it then it would be better if our vote today in this Chamber
was unanimous so that the community would be aware that the members
of this House were of one mind in bringing closure to this sad chapter
in our State's history.
In conclusion, Mr President, I want to refer to a media release that
was made recently in a number of the media, and the heading was 'The
greatest historical stuff-ups'. It was in the Mercury and the Examiner
and if you go through that list we have at the top, at number 1, loss
of life in World War I; number 2 on the list is the stolen generation.
Then it goes from there to the introduction of cane toads and it goes
on down the list. It was number 2 on a list of 13. So that is the significance
of this issue, Mr President.
As I said, I certainly support the bill and I repeat that it is a good
bill, in my view. I believe that this will be a tremendous step in reconciliation
and again I applaud the government people who were involved in the construction
of this bill.
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