The Failures of Native Title in Australia: A Source of Division, Not Reconciliation

Published by Julie Hall, Candidate for Whitsunday

As a vehicle for reconciliation, native title has been a complete failure. All it does is create further division in Australia.

Reconciliation should be a process entered into freely and with goodwill, not arbitrarily imposed on unwilling participants.

Native title claims are imposed. Affected non-indigenous individuals and communities are not consulted. Governments and councils get a say, but their submissions on these claims never reflect the views of the communities they’re supposed to represent.

Australia today is not the largely unexplored continent of scattered British penal colonies and stone-age hunter gatherers it was in the early 19th century. Today, it’s a modern nation that has been built by every Australian, indigenous or otherwise. We have all contributed to the Australian story, and we should all share its land and its wealth, as well as its history—the good and the bad.

Native titles contradict this principle of equality. For one group of Australians to take over the country using exclusive rights that other Australians do not have is discrimination.

The proposal for a voice to Parliament also contradicted the same principle, but in that case, at least every Australian had a say in it and most of us – especially here in Central Queensland, where the no vote was around 80%—firmly rejected it. What a waste of $450 million that could have been better spent, for example by restoring funding to councils now shouldering the legal costs associated with assessing native title claims, while the claimants’ costs are still funded by taxpayers.

There are more than 70 native title applications waiting for determination. One of them includes a claim on the Central Queensland coast from Bowen to Midge Point, extending west to Monte Cristo and east to encompass Lindeman Island, the Whitsundays, Gloucester Island, and all the waters in between. Do we really know what these claims legally mean? My concern is how will these titles affect us in the future? The possibility that it will affect our tourism industry is real, given that this native title claim encompasses the Islands of the Whitsunday, including Whitsunday Island with its iconic Whitehaven Beach. Could it also affect fishing the waters contained within the title area or your ability to island hop in the future?

We’re told there’s nothing to worry about, nothing to see here, life will go on as usual. And that might be true of some of these claims under the existing legislation. But legislation can be changed, and who’s to say that a settled native title claim won’t lead to more exclusive rights and access being claimed later under a minority Labor government depending on the Greens to stay in power?

Australia should be able to be enjoyed by all Australians with equal rights; native title shows dangers of rights being based on race. It also raises concerns about what effect native title will have on our economic future and industry in the years to come regarding tourism, mining, farming and fishing. If Queensland becomes one big native title cultural heritage site what will that actually mean? We should get really clear on this now because we are heading down a very slippery slope of division as more and more titles are approved and more and more native title claims threaten to lock out anyone who is not a traditional owner.

If this is concerning you, then save the date of Sunday 4 August where I will be hosting special guests One Nation Senator Malcolm Roberts and law lecturer Hugh Carter here in the Whitsundays to explain native title and its legal implications. Venue to be advised. 

LABOR MUST EXPAND SAFE INJECTING ROOMS TO PREVENT MORE TRAGIC DEATHS

The Greens have called on the new Premier to listen to the expert advice and expand safe injecting room services following the inquest into the tragic death of 15-year-old Tyrone Woxvold who died of a heroin overdose just a few hundred metres from Richmond’s supervised injecting room. 

The Victorian Greens have fought to expand the eligibility criteria in line with the recommendations from the expert Ryan report. The Greens moved amendments through Parliament in May 2023 seeking to expand the service, including making it accessible to people under the age of eighteen. 

The Victorian Greens drug harm reduction spokesperson, Aiv Puglielli said that as synthetic opioids take root in Victoria, the new Premier must stop blocking new injecting rooms or more lives will be at risk. 

Victorian Greens drug harm reduction spokesperson, Aiv Puglielli: 

“The Greens warned the Labor government that the deliberate exclusion of young people from injecting rooms would lead to preventable overdose deaths. The new Premier is ignoring the expert advice in continuing to block minors from life-saving care.

“The Ryan review into the North Richmond injecting room highlighted the need for these health services in the community. The evidence is clear –  injecting rooms save lives.

“As synthetic opioids take root in Victoria, the new Premier blocking new injecting rooms and refusing access to existing care services for people who need them is putting lives at risk.

“Not a single death has occurred at the North Richmond injecting room since its establishment. If given access to this service, this young person’s life could have been saved.”

GREENS SLAM LABOR’S PLAN FOR MORE GAS OFF THE COAST OF VICTORIA

The Victorian Greens have slammed the Federal Labor government’s plan to drill for more climate-destroying gas off Victoria’s coastline. 

The Federal Labor Government has approved permits to explore waters between South Australia, Victoria and Tasmania. 

It comes after the Victorian Labor Government recently gave Beach Energy the final approval to extract gas offshore in the Otway Basin, where they have now started drilling near the iconic 12 Apostles. 

The Leader of the Victorian Greens, Ellen Sandell said that it’s outrageous that in the middle of a climate crisis, the Victorian and Federal Labor Governments are both greenlighting more gas. 

Leader of the Victorian Greens, Ellen Sandell: 

“Make no mistake – this decision shows that Labor does not care about protecting us from climate change. Instead, they’re pouring fuel on the fire by approving more and more fossil fuel gas projects.”

“This is a disgraceful and dangerous decision that will commit young people to a climate-destroyed future of more bushfires, extreme weather and floods.”

“Labor at both Federal and State level is steamrolling ahead with a plan to wreck our climate and our oceans by approving more and more gas drilling. Labor’s plan hands huge profits to their mates in the big gas corporations, even though these companies export 80% of Australia’s gas overseas, and burning gas causes climate catastrophe.”

ISRAEL’S ATTACKS ON GAZA DESTROYED AUSTRALIAN WAR GRAVES AND SURROUNDINGS

The Australian Greens have obtained satellite imagery that shows the destruction of Australian war graves in Gaza and the surrounding area. 

The Gaza War Cemetery is in the al-Tuffah area, near Gaza City. Over 250 Australian soldiers are buried in the Commonwealth Gaza War Cemetery and thousands of other soldiers from across Britain, Canada, India and New Zealand, casualties from two World Wars.

The Commonwealth War Graves Commission (CWGC), an international consortium of which Australia is a member tasked with ensuring the graves of soldiers are maintained, notified the Australian Government in March 2024 that there was damage to the graves in Gaza.  

In response the Australian government did nothing. It made no inquiries about the extent of the damage and critically no protest to Israel about the damage.

Since that report, there have been further repeated heavy strikes on al-Tuffah including on June 22 which saw bombing and artillery shelling around the area which killed at least 40 people. 

Satellite images from July 7 show there has been significantly more damage to the cemetery than March, including more craters, churned-up dirt and debris. The images also show the staggering destruction of the surrounding area in Palestine. 

Senator David Shoebidge, Greens Spokesperson on Defence: “When the Albanese Labor Government exerts no pressure on those who commit war crimes, they just continue committing war crimes. The desecration of war graves by Israel is another example of this.”

“When you look at these pictures it is important to zoom out and see the surrounding damage with homes, farms, workplaces, in fact entire communities destroyed. 

“Make no mistake, the State of Israel hit these war graves because it could, because there would be no punishment from Australia or the UK. It has made Gaza into a gravesite for the same reasons.

“More than 38,000 Palestinians have been killed, and tens of thousands more injured, since Israel invaded Gaza and the Albanese Government has taken no material steps to stop the genocide. 

“Even in the face of desecrated Australian war graves there has been no pushback from the Albanese government, no complaint, no protest. That is hard to understand.

“The Government could end the two-way arms trade, sanction Benjamin Netanyahu’s extreme government and expel the ambassador, but it chooses not to.”

The Gaza War Cemetery and sourrounding area in Gaza, Palestine, August 2023 (SkyWatch).
The Gaza War Cemetery and sourrounding area in Gaza, Palestine, August 2023 (SkyWatch).
The Gaza War Cemetery and sourrounding area in Gaza, Palestine, July 2024 (SkyWatch).
The Gaza War Cemetery and sourrounding area in Gaza, Palestine, July 2024 (SkyWatch).

CONSULTATION OPENS FOR ACT MINIMUM RENTAL STANDARDS

Should rental properties in the ACT be expected to have locks, window coverings and sufficient ventilation? Or is it okay to rent someone a property without a bathroom or cooking facilities?

Canberrans are invited to help shape the future of rental housing during a six-week community consultation starting today.

Community members and stakeholders are being asked for their views on key issues for renters and landlords, including new minimum standards for rental properties and other key reforms to occupancy laws.

Attorney-General Shane Rattenbury said the goal was to set clearer expectations for landlords and tenants that would apply to all rented residential properties.

“We believe everyone deserves a safe and secure place to call home,” the Attorney-General said.

“By working together, we can ensure our rental laws reflect the needs and expectations of all Canberrans, creating a fairer and more transparent rental market for everyone.”

From minimum requirements for locks and ventilation, to energy-efficiency ratings for appliances, the proposed changes aim to establish a clear baseline for habitable living conditions.

The consultation will seek views around whether there is a need for stronger protections for occupants around the termination of occupancy agreements, the rules around occupancy fee increases (such as those for residents in boarding houses) and protections for caravan parks residents.

The consultation is open until 2 September 2024 for tenants, landlords, and community organisations to share their insights and experiences.

Key topics for community feedback include:

  1. Minimum standards: Establishing the essential features every rental property should have to ensure it is safe, healthy and comfortable.
  2. Energy and water efficiency: Outlining landlords’ responsibilities in installing energy-efficient appliances and water-saving fixtures to reduce costs and environmental impact.
  3. Occupancy fee increases: Exploring whether limits should be placed on the amount and frequency of increases where fees cover services other than rent, similar to limits already in place for rent increases for tenants.
  4. Caravan parks: Evaluating the needs of residents in caravan parks and the protection of their rights.

To share your thoughts and contribute to this important discussion, visit the YourSay website or learn more about energy-efficiency standards for rental homes here.

FUNDING TO SUPPORT VULNERABLE PEOPLE INTERACTING WITH JUSTICE SYSTEM

A family counselling pilot will be established at the Alexander Maconochie Centre to help improve the wellbeing of detainees and their loved ones.

ACT Attorney-General Shane Rattenbury announced the pilot, which is one of several new projects supporting vulnerable people who interact with the ACT Justice system.

The family counselling pilot will establish a family counsellor at the AMC, who can provide personalised support to detainees, enhancing their communication skills, building resilience and providing strategies to build relationships or resolve any conflicts that may exist with their families.

Other projects include:

  • improved access to the ACT Courts for First Nations people in the Jervis Bay Territory, and
  • continued work on the implementation of electronic monitoring.

The projects are sharing funding of $275,000 allocated from the Confiscated Assets Trust (CAT).

CAT funding redirects proceeds of criminal activity into projects for healing, growth and a more equitable legal system.

Attorney-General Rattenbury said the projects will help address the diverse needs of individuals at different stages of their interaction with the justice system.

“The pilot aims to foster rehabilitation, to help address systemic challenges that contribute to people’s offending, and through that to create stronger communities and break cycles of recidivism.

“This investment also underscores our commitment to ensuring everyone in our community has equitable access to legal services and support,” said the Attorney-General.

Minister for Corrections and Justice Health Emma Davidson welcomed the investment, saying it will keep families better connected and support people to make safer choices once they return home.

“Our support networks play an important role to keep us connected, kind and caring. For people in AMC, connection with loved ones supports their rehabilitative journey and return to the community,” Minister Davidson said.

“Family counselling services at the AMC will help people build stronger bonds with their loved ones that can ultimately reduce harmful behaviours, create healthier families and deliver safer communities.”

FREESTANDING BIRTH CENTRE STUDY MUST ADDRESS COMMUNITY NEEDS

The ACT Greens welcome progress on a northside birth centre feasibility study and stress the importance of a freestanding midwife-led option, separate to the hospital campus, to increase birthing choices for Canberrans.

Pregnancy and birth are cherished life experiences. The ACT Greens want all parents to have positive and fulfilling experiences as this improves outcomes for them and their family.

Greens MLA for Ginninderra Jo Clay, whose motion in the Assembly last year led to this feasibility study, said the current model of care focuses on or around hospitals, but our community wants a separate freestanding birth centre.

“Birth is a natural part of life. It is not an illness, but in Canberra, the vast majority of people currently have no choice but to give birth inside a hospital,” Ms Clay said.

“The community has been clear. We need an option in Canberra that prioritises keeping people out of hospital, reduces unnecessary medical interventions and better supports our midwives.

“Being able to access a hospital-based birth is sometimes necessary, but we need to enable healthy people who want to give birth elsewhere to do so safely and with support by a known midwife.

“We already have birth centres that are in hospitals. The freestanding option is what’s needed in Canberra to provide more choice for people giving birth.

“I’m confident the impassioned preference of midwives, parents and other experts for a freestanding birth centre will shine through in this feasibility study and deliver what will be a much-loved service for the Canberra community.”

Background

  • The ACT Greens included their 2020 election commitment to a standalone family birth centre as a priority in the Parliamentary and Governing Agreement for this term of the Legislative Assembly.
  • On 7 February 2023, Ms Clay unanimously passed a private members motion committing the ACT Government to complete a feasibility study for a co-designed midwife-led facility, either located alongside or fully separate from the new northside hospital, by August 2024.
  • Also on 7 February 2023, Ms Clay tabled a petition with over 3000 signatures calling for a freestanding birth centre in the ACT.

GOOGLE ADS POLICY YET ANOTHER BARRIER FOR PEOPLE SEEKING ABORTION AND CONTRACEPTION

Google’s updated health and medicines policy threatens to limit or stop Australian healthcare providers from advertising their abortion and contraception services unless they are certified by a US based, for-profit company. 

Greens Leader in the Senate and spokesperson for women, Senator Larissa Waters

“Google has a bad habit of overstepping when it comes to Australia’s healthcare regulations. Unlike in the US, abortion and contraception is legal, telehealth is a vital part of our healthcare system, and people don’t need more barriers to information about either.

“Access to safe, legal abortion remains a postcode lottery in Australia, with different rules, costs and availability depending on where you live. The last thing we need in Australia is a US based company regulating our access to information about reproductive healthcare.

“MSI Australia suggests the cost to their organisation would be more than $4700 in registration and annual fees. That money would be much better spent supporting people to access essential reproductive healthcare.

“Abortion and contraception are legal, basic healthcare services. They should be safe, accessible and freely available everywhere in Australia, including on Google.”

DELIBERATE IMPROPRIETY, VANISHING MESSAGES, AND SPECIAL TREATMENT: HARRISDALE EXPOSES POLICE IMPUNITY AND COVER-UP AT FULL-THROTTLE

The Law Enforcement Conduct Commission (LECC) has today tabled its investigation report into Operation Harrisdale – an investigation into a car crash in the NorthConnex and allegations of a police cover-up.

The report details an investigation into a senior police officer known only as AB who crashed his car after allegedly consuming 23.5 standard drinks, lied about it in official police records and attempted to commit insurance fraud. The officer (whose identity is to be kept secret for the next 40 years) reported both in his insurance claim and police safe driving entry that he fell asleep at the wheel with no mention of alcohol.

The report describes acts of deliberate impropriety by police, the routine deletion of messages among officers, and makes clear the need for further resourcing and expanded powers for an independent watchdog, finding ‘a number of ordinary misconduct processes only occurred after questions were asked by the Commission’s Oversight Investigator.’

Greens MP and spokesperson for justice Sue Higginson said, “The Harrisdale report paints a damning picture of how police leadership instinctively protect themselves and their own.”

“When a senior officer crashed a vehicle while drunk and committed insurance fraud, police pursued ‘arm’s length’ internal investigations and stated their main concern was that the officer ‘got through the ordeal with as much support as possible’. This, Harrisdale finds, is not unusual.”

“The impunity was full throttle on this occasion. Without LECC oversight and public scrutiny, it does not appear that NSW police would have issued media statements about the initial incident, or followed basic internal accountability measures following the incident. This is the culture at NSW police and it is unacceptable,”

“This was outright lying and gross misconduct from a senior member of the force and it was enabled by an embedded culture of impunity and coverup at NSW police,”

“It’s alarming that police officers are routinely deleting work messages out of apparent concern they could be made a matter of public record. The Commissioner must set the record straight and put and end to this practice immediately,”

“When police do the wrong thing, they must be held accountable and the public must know. Instead, this officer maintained his prestigious position, continued to hold his driver’s licence and was immediately given access to another police vehicle. It was only when the LECC started asking questions three months after the accident that a safe driving panel was established,”

“We simply don’t have an effective police integrity and accountability system. The LECC does excellent work, but it is reactive, has limited resources and powers and is routinely obstructed by police in the courts. A police force we can trust requires a watchdog with proactive powers and teeth,” Ms Higginson said.

LABOR MAKES STUDENT DEBT CRISIS WORSE, WITH ARTS DEGREES EXCEEDING $50,000 ON THE HORIZON

Greens Deputy Leader and Higher Education Spokesperson has responded to recently released student contribution rates which reveal a standard three year arts degree will cost around $51,000 while a law degree will cost around $85,000.
 

Senator Mehreen Faruqi:

“The Albanese government’s refusal to scrap the disgraceful, punitive fee hikes of the Coalition’s job-ready graduates package is making the student debt crisis much worse. Students are graduating with bigger and bigger debts.

“In opposition, Labor spoke a big game against the Morrison Government’s fee hikes for degrees like arts, business and law. In Government, they’ve shown their true colours, continuing the Coalition’s crusade against young people and students.

“Labor’s student debt relief policy is a bad joke. It still means student debts rising by 11.5% in their first term of Government and arts degrees costing over $50,000. That’s not a solution, that’s a disaster for people already crushed by a housing and cost of living crisis. 

“Soaring student debt is already locking people out of the housing market, crushing dreams of further study and stopping people from starting a family, and Labor is making things worse.

“With the Albanese Government backing Morrison’s university fee hikes, and student debt ballooning out of control, young people are telling me that they’re finding it harder and harder to tell Labor and the Liberals apart.

“The Universities Accord Final Report was scathing in its assessment of the Job-ready Graduates package, stating that it was a failure that needs urgent remediation. The Government is completely ignoring this advice and students will pay the price for years to come.”