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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Reconciliation
Bill 2001
No. ,
2001
(Senator
Ridgeway)
A Bill for an Act to further
advance reconciliation between Aboriginal and Torres Strait Islander peoples and
all other Australians, by establishing processes to identify, monitor, negotiate
and resolve unresolved issues for reconciliation, and for related
purposes
Contents
A Bill for an Act to further advance reconciliation
between Aboriginal and Torres Strait Islander peoples and all other Australians,
by establishing processes to identify, monitor, negotiate and resolve unresolved
issues for reconciliation, and for related purposes
Because:
(a) Australia has been occupied by Aboriginal and Torres Strait Islander
peoples from time immemorial, before the assertion of British sovereignty;
and
(b) many Aboriginal and Torres Strait Islander peoples suffered
dispossession and dispersal from their traditional lands and waters by the Crown
without compensation and without lasting and equitable agreement on the use of
those lands and waters; and
(c) many Aboriginal and Torres Strait Islander peoples suffered separation
from their families under government policies now discredited; and
(d) as a consequence of these and subsequent deprivations, the Aboriginal
and Torres Strait Islander peoples have become, as a group, the most
disadvantaged in Australian society; and
(e) there has been no formal process of negotiation between Aboriginal and
Torres Strait Islander peoples and the Government to achieve reconciliation;
and
(f) it is desirable and beneficial for all Australians that there be such
reconciliation; and
(g) the Council for Aboriginal Reconciliation, through consultation with
the people of Australia, developed the Australian Declaration Towards
Reconciliation and the National Strategies to advance reconciliation and
recommended in its final report that there be legislation to continue the
reconciliation process and realise the principles and goals set out in those
documents; and
(h) reconciliation between Aboriginal and Torres Strait Islander peoples
and all other Australians is an ongoing process that requires all matters
identified as unresolved issues for reconciliation to be addressed;
and
(i) reconciliation between Aboriginal and Torres Strait Islander peoples
and all other Australians can be achieved with the development of partnerships
between Aboriginal and Torres Strait Islander peoples and the wider community to
ensure the full recognition and respect for the place of Aboriginal and Torres
Strait Islander peoples in the life of the nation; and
(j) reconciliation between Aboriginal and Torres Strait Islander peoples
and all other Australians can be achieved with solutions that are developed
cooperatively and implemented in conjunction with the Aboriginal and Torres
Strait Islander communities, the wider Australian community, and all levels of
government; and
(k) it is the intention of the people of Australia to further the progress
toward reconciliation and rectify the consequences of past injustices to ensure
that Aboriginal and Torres Strait Islander peoples receive the full recognition
and status within the Australian nation to which history, their prior occupation
and their rich and diverse culture fully entitle them to aspire; and
(l) it is the wish of the Australian people that reconciliation be
achieved through a real and lasting settlement reached with Aboriginal and
Torres Strait Islander peoples.
The Parliament of Australia therefore
enacts:
This Act may be cited as the Reconciliation Act 2001.
This Act commences on the day on which it receives the Royal
Assent.
In this Act, unless the contrary intention appears:
ATSIC means the Aboriginal and Torres Strait Islander
Commission appointed under the Aboriginal and Torres Strait Islander
Commission Act 1989.
Commissioner means the Aboriginal and Torres Strait Islander
Social Justice Commissioner, appointed under the Human Rights and Equal
Opportunity Commission Act 1986.
Council for Aboriginal Reconciliation is the Council
established under the Council for Aboriginal Reconciliation Act
1991.
human rights means the rights and freedoms recognised by the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Elimination of All Forms of Racial Discrimination
and the Convention on the Rights of the Child, and such other instruments
relating to human rights as the Commissioner considers relevant.
HREOC means the Human Rights and Equal Opportunity
Commission, established under the Human Rights and Equal Opportunity
Commission Act 1986.
reconciliation refers to the achievement of a united
Australia which respects this land of ours, values the Aboriginal and Torres
Strait Islander heritage and provides justice and equity for all.
unresolved issues for reconciliation means any issue, whether
already identified or identified through the processes of this Act, that is an
impediment to achieving reconciliation until it is addressed, including but not
limited to the following:
(a) the recognition of the right to equality;
(b) the protection of Aboriginal and Torres Strait Islander culture,
heritage and intellectual property;
(c) the recognition of Aboriginal and Torres Strait Islander customary
law;
(d) a comprehensive agreements process for the settlement of native title
and other land claims;
(e) regional autonomy; and
(f) constitutional recognition.
The objects of this Act are to:
(a) further advance reconciliation between Aboriginal and Torres Strait
Islander peoples and all other Australians; and
(b) acknowledge the progress towards reconciliation and recognise that
there are unresolved issues that impede the achievement of reconciliation;
and
(c) recognise the unique status of Aboriginal and Torres Strait Islander
peoples as Australia’s first peoples; and
(d) establish processes to identify and resolve the unresolved issues for
reconciliation between Aboriginal and Torres Strait Islander peoples and the
Australian community; and
(e) initiate a negotiation process to resolve unresolved issues for
reconciliation at the national level, that will result in an agreement or treaty
which will unite all Australians; and
(f) establish a process for reporting on the nation’s future
progress toward reconciliation.
(1) The Aboriginal and Torres Strait Islander peoples are recognised as
the first peoples of Australia.
(2) The Australian Declaration Towards Reconciliation in Schedule 1
is hereby recognised.
(1) ATSIC must use its best endeavours to ensure that a National
Reconciliation Convention is held within one year after the commencement of this
Act and every 3 years for 12 years after the first Convention is held.
(2) Participation in a National Reconciliation Convention is to be
determined by:
(a) the Minister; and
(b) a body chosen by the Minister as representative of the wider community
in relation to reconciliation; and
(c) ATSIC.
(3) In determining who should attend a National Reconciliation Convention,
the entities referred to in subsection (2) must have regard to these
criteria:
(a) at least 50% of delegates must be Aboriginal or Torres Strait Islander
people; and
(b) the entire composition of the delegates must show fair representation
of the Australian population by gender and geographical location.
(4) The agenda at a National Reconciliation Convention must be negotiated
between:
(a) the Minister; and
(b) a body chosen by the Minister as representative of the wider community
in relation to reconciliation; and
(c) ATSIC;
having regard to the functions of the Convention under section 7.
(1) The functions of a National Reconciliation Convention are
to:
(a) discuss reports and consultations carried out in preparation for the
Convention; and
(b) report on and discuss implementation of recommendations from any
previous Convention; and
(c) identify and prioritise unresolved issues for reconciliation for
discussion and action; and
(d) debate and recommend appropriate action to resolve unresolved issues
for reconciliation identified under paragraph (c).
(2) In carrying out the functions under subsection (1), delegates to a
National Reconciliation Convention must have regard to events and issues at the
local, regional, State and Territory level.
(3) In identifying issues for discussion and action, delegates must have
regard to, but are not limited by:
(a) issues identified in the work of the Council for Aboriginal
Reconciliation; and
(b) issues identified by the Minister, the body chosen by the Minister
under paragraph 6(2)(b) as representative of the wider community in relation to
reconciliation, and ATSIC; and
(c) issues related to or arising from national negotiations or agreements
between Aboriginal and Torres Strait Islander peoples and other Australians;
and
(d) issues related to or arising from State, Territory, regional or local
negotiations or agreements between Aboriginal and Torres Strait Islander peoples
and other Australians; and
(e) matters arising from reports prepared under Division 1 of Part 5;
and
(f) any other issue considered relevant to the progress of
reconciliation.
(1) The Prime Minister must immediately begin negotiations with ATSIC to
develop a process which will unite all Australians by way of an agreement or
treaty through which the unresolved issues for reconciliation can be
resolved.
(2) The negotiation process developed under subsection (1) must:
(a) identify the parties to be involved; and
(b) provide for negotiations to be undertaken having regard to the work of
the National Conventions under Part 3; and
(c) be in place by 31 December 2001, or as soon as practicable thereafter
using the best endeavours of the Prime Minister and ATSIC.
The negotiation processes developed and carried out under section 8 must
be guided by a set of principles to be decided by the parties to negotiation,
including:
(a) dealing in good faith, and with a view to reaching agreement;
and
(b) mutual recognition and respect, including:
(i) recognition of the status of Aboriginal and Torres Strait Islander
peoples and protection of their civil, political, economic, social and cultural
rights; and
(ii) recognition of government and Aboriginal and Torres Strait Islander
protocols; and
(c) equitable and sufficient provision of resources to ensure effective
participation by all parties in negotiations; and
(d) other matters that are agreed between the parties.
(1) The Commissioner must include in the report prepared under section 46C
of the Human Rights and Equal Opportunity Commission Act 1986 a specific
reference to:
(a) the operation of this Act; and
(b) the national progress toward reconciliation in relation to the
exercise and enjoyment of human rights of Aboriginal and Torres Strait Islander
peoples.
(2) In carrying out the functions under this section, the Commissioner may
exercise all of the powers of HREOC and the Aboriginal and Torres Strait
Islander Social Justice Commissioner under the Human Rights and Equal
Opportunity Commission Act 1986.
(1) As soon as practicable after each third anniversary of the
commencement of this Act, the Minister must appoint an independent body or
taskforce to prepare and submit to the Minister a National Report on the
Progress Toward Reconciliation.
(2) Matters to be addressed in the National Report on the Progress Toward
Reconciliation may include:
(a) relevant indicators of community and individual wellbeing, including
statistics, agreed benchmarks and other indicators in relation to mortality,
health, housing, education, employment, poverty, representation in the criminal
justice system, community development, political participation, and any other
matter that may indicate progress in relation to Aboriginal and Torres Strait
Islander peoples’ enjoyment of human rights; and
(b) matters identified in any reports commissioned by the Council of
Australian Governments; and
(c) the implementation of the recommendations contained in the following
national strategies developed by the Council for Aboriginal
Reconciliation:
(i) National Strategy to Sustain the Reconciliation
Process;
(ii) National Strategy to Promote Recognition of Aboriginal and Torres
Strait Islander Rights;
(iii) National Strategy to Overcome Disadvantage;
(iv) National Strategy for Economic Independence; and
(d) matters identified in the reports of the Aboriginal and Torres Strait
Islander Social Justice Commissioner under section 10; and
(e) matters identified at the National Reconciliation Conventions held
under Part 3; and
(f) the progress of negotiations under Part 4; and
(g) any other matter relevant to the progress of reconciliation.
The Minister must cause a copy of the National Report on the Progress
Toward Reconciliation to be laid before each House of the Parliament within 15
sitting days of that House after its receipt by the Minister.
(1) As soon as practicable after the commencement of this Act and after
the commencement of the first session of each Parliament, a joint committee of
members of the Parliament, to be known as the Parliamentary Joint Committee on
Reconciliation, must be appointed.
(2) The Parliamentary Joint Committee must consist of at least 10 members,
of whom:
(a) 5 must be senators appointed by the Senate; and
(b) 5 must be members of the House of Representatives appointed by that
House.
(3) The appointment of members by a House must be in accordance with that
House’s practice relating to the appointment of members of that House to
serve on joint select committees of both Houses.
(4) A member ceases to hold office if he or she ceases to be a member of
the House by which he or she was appointed.
(5) A member appointed by the Senate may resign his or her office by
writing signed and delivered to the President of the Senate.
(6) A member appointed by the House of Representatives may resign his or
her office by writing signed and delivered to the Speaker of that
House.
(7) A House may appoint one of its members to fill a vacancy among the
members of the Parliamentary Joint Committee appointed by that House.
All matters relating to the Parliamentary Joint Committee’s powers
and proceedings must be determined by resolution of both Houses.
The Parliamentary Joint Committee’s duties are:
(a) to consult extensively about the implementation and operation of this
Act with:
(i) Aboriginal and Torres Strait Islander peoples; and
(ii) ATSIC and other Aboriginal and Torres Strait Islander representative
organisations as appropriate; and
(iii) Commonwealth, State, Territory and local governments; and
(v) other appropriate persons and bodies; and
(b) to report from time to time to both Houses on the implementation and
operation of this Act; and
(c) to examine each yearly report that is prepared by the Commissioner
referred to in section 10 and of which a copy has been laid before a House, and
to report to both Houses on matters:
(i) that appear in, or arise out of, those reports; and
(ii) to which, in the Committee’s opinion, the Parliament’s
attention should be directed; and
(d) to examine each Three-Yearly National Report on the Progress Toward
Reconciliation that is prepared under section 11 and to report to both Houses on
matters:
(i) that appear in, or arise out of, that Three-Yearly Report;
and
(ii) to which, in the Parliamentary Joint Committee’s opinion, the
Parliament’s attention should be directed; and
(e) to examine the recommendations of each National Reconciliation
Convention held under Part 3 and to report to both Houses on matters:
(i) that appear in, or arise out of, those recommendations; and
(ii) to which, in the Parliamentary Joint Committee’s opinion, the
Parliament’s attention should be directed; and
(f) from time to time, to inquire into and report to both Houses
on:
(i) the progress toward reconciliation; and
(ii) the implementation of the recommendations contained in the final
report produced by the Council for Aboriginal Reconciliation; and
(iii) matters referred by either House..
Schedule
1—The Australian Declaration Towards
Reconciliation
Note: See section 5.
We, the peoples of Australia, of many origins as we are, make a commitment
to go on together in a spirit of reconciliation.
We value the unique status of Aboriginal and Torres Strait Islander peoples
as the original owners and custodians of lands and waters.
We recognise this land and its waters were settled as colonies without
treaty or consent.
Reaffirming the human rights of all Australians, we respect and recognise
continuing customary laws, beliefs and traditions.
Through understanding the spiritual relationship between the land and its
first peoples, we share our future and live in harmony.
Our nation must have the courage to own the truth, to heal the wounds of
its past so that we can move on together at peace with ourselves.
Reconciliation must live in the hearts and minds of all Australians. Many
steps have been taken, many steps remain as we learn our shared histories.
As we walk the journey of healing, one part of the nation apologises and
expresses its sorrow and sincere regret for the injustices of the past, so the
other part accepts the apologies and forgives.
We desire a future where all Australians enjoy their rights, accept their
responsibilities, and have the opportunity to achieve their full potential.
And so, we pledge ourselves to stop injustice, overcome disadvantage, and
respect that Aboriginal and Torres Strait Islander peoples have the right to
self-determination within the life of the nation.
Our hope is for a united
Australia that respects this land of ours; values the Aboriginal and Torres
Strait Islander heritage; and provides justice and equity for all.