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Inquiries and Reports - Australia
Legal, Constitutional and Administrative Review Committee
Legislative Assembly of Queensland
December 2002
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The Legal, Constitutional and Administrative Review Committee (‘LCARC’ or the committee) is a seven member multi-party committee of the Queensland Parliament with a range of law reform and other responsibilities. The committee is established under the Parliament of Queensland Act 2001and currently includes two independent members of Parliament and representatives from the Australian Labor Party and the National Party.
On 29 February 2000, the Premier tabled in the Queensland Parliament the report of the Queensland Constitutional Review Commission (‘QCRC’) titled Report on the Possible Reform of and Changes to the Acts and Laws that relate to the Queensland Constitution.[1]
In its report the QCRC noted the interest in, and support for, the possibility of having special representation of the Aboriginal and Torres Strait Islander communities in the Legislative Assembly[2] and recommended that during the life of the next Parliament LCARC conduct an inquiry into the possibility of special representation for Aborigines and Torres Strait Islanders.[3]
This issue was not formally referred to the committee by the Parliament, although the Premier stated that he tabled the QCRC’s report for ‘consideration and reporting’ by LCARC.[4]
The committee considers the issue to be an important one. However, there are strategies other than special representation which might help to increase the involvement of Indigenous Queenslanders in the development of legislation and government policy which directly affects their rights and interests, both as Indigenous people and as Queenslanders. Accordingly, the committee is inquiring broadly into Indigenous peoples’ participation in the democratic process in Queensland. By expanding the scope of the inquiry and not setting specific terms of reference the committee aims to consider the full range of strategies available. Special representation, or dedicated seats, in the Parliament will be one strategy the committee will consider.
This approach is consistent with the recommendation of the Council for Aboriginal Reconciliation (the Reconciliation Council) that ‘Commonwealth, State and Territory governments conduct parliamentary inquiries, where they have not done so, into options to address the lack of Aboriginal and Torres Strait Islander representation in their political systems’.[5]
The aim of this issues paper is to encourage input from members of the community about how to make sure that the voices of Indigenous people are heard in Parliament and government.
The issues paper gives background information, identifies suggestions to enhance the political participation of Indigenous peoples and raises questions for public comment.
The committee would like comments from members of the public about what more can be done to increase the participation of Indigenous people in Parliament. Chapter 5 discusses a few strategies which might be possible. Comments about these strategies, as well as any other suggestions or broader comments about the committee’s inquiry, would be appreciated.
This issues paper is only the first step of the inquiry process. The committee will consider the submissions it receives and then commence direct consultation in Brisbane and in certain rural and remote areas in Queensland in the early part of 2003. At the conclusion of the inquiry, the committee may make recommendations to Parliament about how Queensland’s democratic process can better meet the needs of Indigenous Queenslanders.
This issues paper does not reflect the views of the committee. Rather, it is designed to generate discussion and prompt comments and suggestions from members of the public.
...
During the early years of British colonisation of Australia the original inhabitants did not have the opportunity to participate in the development of the colonies or the nation.[6]
Queensland did not allow Indigenous people to vote in state elections until 1965. Accordingly, Indigenous people were not able to participate in the democratic process in Queensland for much of the 20th Century. The timeline in Table 1 [omitted] provides a summary of the history of events relevant to Indigenous voting rights in Queensland.
Full citizenship rights for Aboriginal and Torres Strait Islander peoples have now been realised.[7] Indigenous adults can vote, stand as a candidate at an election, visit their local member of Parliament to raise issues of concern, petition the Queensland Parliament and provide input into consultation the government conducts regarding matters of public policy. However, it appears the history of alienation from systems of government continues to have an impact on the extent to which Indigenous peoples exercise these rights. The Reconciliation Council notes that ‘there continues to be extremely low direct participation of Aboriginal and Torres Strait Islander peoples in Commonwealth, State, Territory or local government’.[8]
Some Indigenous people might choose not to be involved in Queensland’s system of government for a variety of reasons. However, others consider the participation of Indigenous peoples in democratic processes is important. The Aboriginal and Torres Strait Islander Commission (ATSIC) notes that an essential element of the ‘inclusive involvement of Indigenous Australians in Australian life is to provide opportunities for participation in mainstream political processes as well as providing a variety of self determination and self government options’.[9]
To ensure Indigenous peoples have the opportunity to participate fully in the governance of Queensland it might be necessary to put in place measures to address the impact of the history of exclusion. The Reconciliation Council notes:
Special measures are employed where any group in society remains disadvantaged by circumstance, history or the institutional and systemic biases of our society. However, many people do not understand the reasons behind special measures and think it unfair to treat Aboriginal and Torres Strait Islander people in this way. Special measures are sometimes seen as unwarranted preferential treatment and the backlash can intensify the original problem. If the cycle of disadvantage is to be broken such programs and policies must be introduced and maintained until accumulated disadvantage has been addressed.[10]
Aboriginal and Torres Strait Islander people represent more than three per cent of the Queensland population,[11] yet only one Aboriginal person has been elected to the Queensland Legislative Assembly. Mr Eric Deeral was the National Party member for Cook from 1974–77.
There are a number of areas in which many Indigenous people continue to suffer disadvantage, relative to other Australians. The Reconciliation Council notes that ‘the socioeconomic statistics alone show that there is a long way to go before Aboriginal and Torres Strait Islander people have the same life expectancies, standards of living, and general access to services enjoyed by other Australians’.[12]
Enhanced Indigenous participation in political and government processes might help to diminish Indigenous disadvantage.
In examining the rights of Aboriginal and Torres Strait Islander peoples the Reconciliation Council identified self-determination and political participation as key elements. In this context the Reconciliation Council identified the following objectives:[13]
The committee’s current inquiry relates to the second of these objectives. However, self-determination and political participation complement each other. The committee recognises the importance of Aboriginal and Torres Strait Islander peoples’ right to self-determination as a means of protecting the distinct cultures of Indigenous peoples.[14]
The United Nations International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights both state that all peoples have the right of self-determination and that by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
ATSIC considers self-determination central to the agenda of social justice for Aboriginal and Torres Strait Islander peoples.[15] Similarly, the Reconciliation Council has stated its support for self-determination as the guiding principle for government policy on Aboriginal and Torres Strait Islander affairs at all levels and notes that self-determination:[16]
There are a number of existing bodies which have been established to facilitate self-determination in Aboriginal and Torres Strait Islander communities or to promote the interests of Aboriginal and Torres Strait Islander peoples and raise relevant matters with government. Some bodies relevant in Queensland include:
The appendix provides some brief information about these bodies. The current inquiry does not involve an assessment of the effectiveness of these bodies. However, the important role they play is relevant.
There are also other issues which affect the relationship between Indigenous peoples and governments at both federal and state levels, and the broader community generally. For example:
While the committee acknowledges the importance of discussion about these matters, they are outside the scope of the current inquiry.
Representation and participation of Indigenous peoples in the political process has been considered by various bodies both in Queensland, at the Commonwealth level, and in other Australian jurisdictions.
A broad range of suggestions and recommendations have been considered as part of relevant reviews including:
(a) to have observer status in the Parliament;
(b) to speak to Parliament on bills affecting Indigenous interests; and
(c) to make an annual report on Indigenous affairs;
the creation of dedicated seats for Indigenous peoples in Parliament.[29]
Despite the fact that relevant issues have previously been considered by many bodies, there would appear to be little progress in enhancing representation of Indigenous peoples in Parliament.
Identifying barriers is essential to developing effective strategies to increase representation. It is important that in this inquiry the committee hears from you about what you consider to be the barriers to Indigenous representation.
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Below the committee identifies some strategies which might help to increase the voice of Indigenous peoples in Queensland’s democratic process. Many strategies could be used either alone or in combination. The committee seeks your comments on these strategies including:
The committee also seeks other suggestions and comments about other things which can be done to make sure voices of Indigenous people are heard.
For people to effectively participate in the democratic process, it is essential that they understand the process and understand how they are able to contribute to it. Strategies which provide greater opportunity for Indigenous people to be informed about the system of government, and the rights of citizens to participate in that system, might encourage more Indigenous people to fully exercise their rights.
Two strategies which are likely to assist in this regard are civics education and voter education.
Civics education: Education about the system of government in Queensland and the role of citizens in that system contributes to higher levels of voter participation, increased awareness about avenues in which to pursue issues and increased interest in standing as a candidate at an election.
Substantial civics education is already conducted, especially through schools. The State Government has stated its support for civics education and strategies for its implementation[30] and the Federal Government has implemented a Discovering Democracy program to ensure civics education is part of the school curriculum.[31]
Perhaps there is scope to increase civics education specifically targeted to Indigenous adults.
Voter education: The Australian Electoral Commission (AEC) has taken steps to ensure awareness and encourage participation of Indigenous people in electoral events including:[32]
Similarly, one of the functions of the Electoral Commission of Queensland (ECQ) is to implement strategies to encourage persons, particularly those belonging to groups with traditionally low enrolment rates, to enrol as electors.[33] Aboriginal and Torres Strait Islander people have been identified as one of these groups. The ECQ reports that it has carried out its own research and consulted extensively with its advertising agents and public relations consultants to develop practical and effective strategies targeted at increasing participation (or enrolment) of Aboriginal and Torres Strait Islander people (and other under represented groups).[34]
While voter and civics education programs are already in place, there might be innovative ways to increase the impact of such strategies and promote greater participation in existing systems. Some possibilities are discussed below.
Political party encouragement: Political party support is often the key to election to Parliament. Therefore political parties can play an important role in encouraging membership and participation of Indigenous people.
There are many things political parties could do to encourage Indigenous people into and through the political process including:
Mentoring: Providing awareness and opportunities through mentoring programs might encourage and assist Indigenous people to become more involved in politics. Mentoring programs can be run in many different ways. Generally, a person who has substantial experience in a particular area provides advice and practical support to a person who has aspirations in the same area. Mentoring programs could exist through governments and parliaments, political parties or community organisations.
Visits to Parliament and Youth Parliaments: Parliament is the forum in which representatives elected by the people of Queensland meet to discuss and debate matters relating to the governance of the state and to make laws which will affect the lives of all Queenslanders. Recently the Queensland Parliament visited Townsville. This was the first time the Queensland Parliament had met outside Brisbane. The large number of people who visited Parliament in Townsville shows how important it is that Parliament be accessible to the people.
Regional Parliaments are one way to make Parliament more accessible. Of course, anyone is free to visit Parliament in Brisbane and watch the proceedings from the public gallery. There are also other ways to give people first hand experience of how Parliament works. For example Parliament could:
Such programs, which are already in place in the Queensland Parliament, could be designed specifically for Indigenous people, or specifically targeted to Indigenous people.
Discussed below are some programs conducted in other places which might provide ideas about what could be done in Queensland and some examples of programs in Queensland which could be targeted to Indigenous people.
Federal Parliament of Australia: In 2002, six Aboriginal leaders were awarded Parliamentary fellowships and attended a week of meetings and orientation at Federal Parliament House. The Federal Parliament offers these fellowships to teachers and community leaders to help them to gain first-hand experience, and thereby gain a better understanding, of the way federal parliament operates.[35]
New South Wales Local Government Aboriginal Mentoring Program:[36] The New South Wales Department of Local Government established an Aboriginal Mentoring Program in 1997. The program aims to:
Participation by local governments has gradually increased since the program’s inception. In 2001, 17 councils (approximately 10%) had implemented the program. An evaluation of the program reveals that 27 Aboriginal people had participated in the program. Of these, 11 stood as candidates and two were elected.
Youth Parliament: Youth Parliaments enable young people from a variety of backgrounds to obtain first hand experience of the parliamentary process of formulating and enacting legislation. The legislative outcomes of the Youth Parliament are forwarded to relevant government ministers for their consideration. They are developed and managed by the YMCA and the Queensland Parliament. The Queensland Parliament also holds youth parliaments for senior secondary students in conjunction with the Queensland Law Society.
Youth Parliaments allow participants to gain an in depth understanding of the legislative process together with the opportunity to publicly debate issues considered important to young people. Moreover, youth parliaments can act as structured youth forums for the exchange of ideas and the free expression of opinions.[37]
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To ensure that issues relevant to Indigenous peoples are considered in Parliament and that the implications of legislation and government policy for Indigenous peoples are fully considered, it might be possible to establish ways in which representatives of Indigenous peoples can have direct input into Parliament.
Input of a representative body: Issues relevant to Indigenous people could be directly brought to Parliament’s attention by giving a nominated representative body the opportunity to, for example:
Bodies which might be able to fulfil such functions include:
Joint Parliamentary / community committee: The Queensland Parliament has a system of Parliamentary committees. Parliamentary committees currently consist of seven members of Parliament (four government and three non-government) and are established to examine specific areas of the operation of government. Ministers are required to respond to any recommendations made by committees. Parliamentary committees are a way to ensure that particular matters are given specialised attention and provide the public with the opportunity to contribute to Parliamentary processes.[39]
To give Indigenous people direct input into the Queensland Parliament it might be possible to establish a joint parliamentary / community committee. Community members could be Indigenous people nominated or appointed from existing bodies or elected. A range of factors would need to be considered including the respective roles of members and parliamentary privilege issues.
Discussed below are some examples of procedures adopted by other Parliaments which might offer ideas about measures which could be introduced into the Queensland Parliament.
Province of Manitoba, Canada: Before a bill is passed by the Legislative Assembly of Manitoba it is considered by a Standing or Special Committee or a Committee of the Whole House. Public participation is allowed during this stage of a bill. Citizens interested in presenting information relevant to a particular bill may register on a ‘presenters list’. Presenters may make oral or written submissions on bills.[40]
Province of British Columbia, Canada: Members of elected public bodies, including Tribal Councils and Bands, in the province of British Columbia can submit public written questions which are directed to ministers on current provincial issues. Five questions are drawn from those submitted. The minister to whom the question is directed may answer the question during ‘Question Period’ or file a written response with the Clerk of the House. Both written and oral responses become public.[41]
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The establishment of an Aboriginal and Torres Strait Islander Assembly, to operate in parallel with the Queensland Parliament, might provide a forum for issues relevant to Indigenous peoples to be considered.
An Aboriginal and Torres Strait Islander Assembly could:
A range of factors would need to be considered in developing a proposal for an Aboriginal and Torres Strait Islander Assembly. Some of them are discussed below.
Selection of members: Some options for the selection of members include election at the same time as the general election and appointment from existing bodies. If members were elected, the process for election would also need to be considered.
Role and functions: Possible functions of an Aboriginal and Torres Strait Islander Assembly include:[42]
Relationship with the Queensland Parliament: An Aboriginal and Torres Strait Islander Assembly could be involved with the Queensland Parliament in a number of ways including by:
Combined or separate Assemblies: A single Assembly to represent all Indigenous peoples could be established. Alternatively, separate Assemblies for Aboriginal people and Torres Strait Islanders might be more appropriate.
Norway: The Sami are an indigenous minority group in Norway, Sweden, Finland and Russia. In 1984 the Norwegian Parliament created the Sami Assembly with 39 members. People registered on the Sami electoral register vote for representatives to the Sami Assembly on the same day as the elections to the Norwegian Parliament are held.
The Sami Assembly meets four times a year for one week at a time and reports yearly to the Norwegian Parliament.[44]
Presidential Council for Minority Rights, Singapore:[45] The Presidential Council for Minority Rights in Singapore scrutinises most of the bills passed by Parliament. One of the functions of the Council is to ensure that proposed laws do not discriminate against any race, religion or community. If the Council feels any provision in the law is biased, it will report its findings to Parliament and the bill will be referred back to Parliament for reconsideration. The Council is currently headed by the Chief Justice of Singapore and its members are representatives of certain races and religions in Singapore.
The National Congress of American Indians (‘NCAI’):[46] The NCAI was founded in 1944 and is the oldest and largest tribal government organisation in the United States. It is not a government body itself and membership is voluntary. The NCAI serves as a forum for consensus-based policy development among its membership of over 250 tribal governments from every region of the country.
The NCAI's mission is to inform the public and the federal government on tribal self-government, treaty rights, and a broad range of federal policy issues affecting tribal governments. The NCAI is positioned to monitor federal policy and coordinate efforts to inform federal decisions that affect tribal government interests.
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One strategy to increase direct Indigenous representation in the Queensland Parliament is to provide for a certain number of seats in Parliament to be dedicated to Indigenous people. While dedicated seats do not exist in other jurisdictions in Australia, they have operated for many years in other jurisdictions around the world.
Dedicated seats would provide an avenue for:[48]
The introduction of dedicated seats in Queensland would be likely to require amendments to the Constitution of Queensland 2001 and the Electoral Act 1992. It might be possible for Parliament to make such amendments through the ordinary law making process without a referendum. However, the introduction of dedicated seats would be a dramatic change in Queensland’s system of government. Some people might consider that such substantial change should only be made with the approval of a referendum.
There are numerous matters which would need to be resolved to fully develop a proposal for dedicated seats. These matters interrelate. No element of the structure of dedicated seats can be considered in isolation. Some relevant matters are discussed below.[49]
Selection of members: Members in dedicated seats could be elected at the same time as the election of general members. Such elections could occur by dividing the state into Indigenous electoral districts, with one member being selected for each electoral district. Alternatively, the whole state could form one electoral district and candidates could be ranked in order of the number of votes they receive. It might also be possible to appoint people who are elected to other representative bodies.
The voters: One significant issue relating to dedicated seats is whether Aboriginal and Torres Strait Islander voters should be allowed to vote twice, once for the member for their general electorate and once for the member for the dedicated seat. Alternatively, these voters could be required to choose whether they will vote for the member for their general electorate or the members for the dedicated seats. Another option would be to allow all Queenslanders to vote for the members for dedicated seats.
Existing or additional seats: There are currently 89 seats in the Legislative Assembly. Dedicated seats could either be included in this number, or in addition to these seats.
The number of dedicated seats: To achieve representation in proportion to the population of Indigenous people in Queensland approximately three to four dedicated seats would be required. However, three to four seats would not necessarily be sufficient to obtain representation for the wide diversity of interests amongst Aboriginal people, and amongst Torres Strait Islander people.
On the other hand, some people might consider three to four seats too many because, depending on the voting system used, this might result in disproportionate representation of the people who vote for members of dedicated seats.
Voting and participation of members: Members of Parliament are able to contribute to Parliament in many ways including by:
Members in dedicated seats could have the opportunity to contribute to Parliament in all of these ways, or in only some of these ways.
Subject matter: Members in the dedicated seats could have the opportunity to have input into all matters considered by Parliament or only those matters which particularly affect Aboriginal and Torres Strait Islander peoples.
New Zealand: The New Zealand Parliament which, like Queensland, has only one House of Parliament, has a system of dedicated Maori seats. Maori represent approximately 15% of the New Zealand population. Currently seven of the 120 seats in the New Zealand Parliament are Maori seats.
Maori can choose to enrol on either the Maori electoral roll or the general electoral roll. New Zealand is divided into Maori electorates as well as general electorates, and the people on the Maori electoral roll vote for a member for their Maori electorate. The number of people on the Maori roll influences the number of Maori seats. People on the Maori roll are not allowed to vote for the member for their general electorate.[50]
Fiji: The population of Fiji is 43.6% Indian. The Fijian House of Representatives consists of 71 members – 25 members are elected on ‘open rolls’, 46 members are elected on ‘communal (or ethnic) rolls’. Of the 46 communal seats, 23 are for Fijians, 19 for Indians, 1 for Rotumans (Rotuma is an island north of Fiji which has been politically part of Fiji since 1888) and 3 for general candidates.
Fijians cast two votes in an election – one for an open seat and one for a candidate from his/her own ethnic community. Constituencies are drawn up based on geographical area and numbers of voters from a particular community.[51]
Singapore: The Parliament of Singapore is a single House, with three types of Members of Parliament (‘MPs’): Elected MPs, Non-Constituency MPs and Nominated MPs.[52]
Of relevance to the current inquiry is the system of elected MPs. There are two types of constituencies for the election of these members: Single Member Constituencies and Group Representation Constituencies. Single Member Constituencies return a single member. In Group Representation Constituencies several wards are combined and voters elect a team of three to six members, one of whom must be from the Malay Community or the Indian or other minority community. Group Representation Constituencies ensure that there will always be minority representation in Parliament.
Maine, USA: Two seats in the state legislature of Maine are reserved for representatives of the Penobscot Nation and the Passamaquoddy Tribe. The system is established by the House of Representatives House Rules. These members are elected by their people at the biennial elections of the House. They must be granted the privilege of speaking on pending legislation and appointed to sit on standing committees. They are not entitled to vote in the House or in committees. They may sponsor legislation specifically relating to Indians and Indian land claims and may cosponsor any other legislation.[53]
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Elections are fundamental to modern democracy, and the most direct involvement many people have with the political process.[55] Therefore, it is important that the electoral system reflects the priorities of the community. Some systems produce more ‘consensus’, while others facilitate the representation of women and minorities, and still others emphasise regional representation.[56]
Queensland’s electoral system was reviewed by the Electoral and Administrative Review Commission (‘EARC’) in 1990.[57] The current system, which largely reflects the recommendations EARC made, provides for the election of single representatives for groups of citizens divided into geographically located voting districts. Such a system does not necessarily achieve representation of the broad range of interests within society. In particular, there is a risk that the interests of minority groups will be underrepresented, particularly if the minority group is geographically spread throughout the state.[58]
There are many alternatives to the voting system used in Queensland which can be used to elect members of Parliament in a representative democracy. Other electoral systems might enable more effective representation of Indigenous people and other minority groups. A detailed analysis of the options is beyond the scope of the current inquiry. However, to assist readers to consider the possibilities, the system in New Zealand is discussed by way of example.[59]
New Zealand has a Mixed-Member Proportional electoral system. In this system, voters get two votes – an ‘electoral vote’ and a ‘party vote’. Some seats are decided by the electoral vote using the first-past-the-post system (that is, the candidate with the most votes wins). The other seats are determined by the party vote. A party’s share of the total seats in Parliament is proportional to the percentage of party votes it receives.
Given that Queensland is the only state in Australia with only one House in Parliament, some might consider an electoral system which is unique in Australia is appropriate.
Changes to the electoral system would have very wide reaching consequences. Relevant issues extend far beyond the scope of the committee’s current inquiry. Accordingly, the committee will not be able to make detailed recommendations for amendment to the electoral system as part of this inquiry. However, if the committee receives evidence indicating that changes to the electoral system would be likely to have some advantages and would be appropriate and supported by at least some sections of the community, the committee could recommend review of the electoral system, either by a future Parliamentary committee or some other body.
Alternatively, the committee could recommend that certain matters be considered in any future review of the electoral system, conducted independently of the recommendations of this inquiry, and recommend other measures such as those discussed above be adopted in the interim.
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Informed and considered participation by all citizens is essential for the democratic system to work effectively. As discussed in chapter 4 Aboriginal and Torres Strait Islander peoples could not participate in the electoral system in Queensland for much of the 20th century. Although citizenship rights of Indigenous people are now recognised, Indigenous people remain underrepresented in Parliament.
The committee hopes through this inquiry to stimulate discussion and debate about ways to ensure that Indigenous peoples have the opportunity to fully participate in Queensland’s system of government. Submissions will assist the committee to identify some of the practical barriers to participation by Indigenous people, and strategies to address these barriers, and facilitate participation and representation. This information will enable the committee to make recommendations to Parliament about how it can be more inclusive, and better meet the needs, of Queensland’s Indigenous people.
Aboriginal and Torres Strait Islander Commission (‘ATSIC’): The Aboriginal and Torres Strait Islander Commission is a Commonwealth agency that was established in 1990 under the Aboriginal and Torres Strait Islander Commission Act 1989 to further the interests of Australia’s Indigenous peoples.
It is Australia’s principal democratically elected Indigenous organisation. Every three years Aboriginal and Torres Strait Islander people elect local representatives to thirty-five regional councils around Australia. The regions are grouped into sixteen zones and the councillors in each zone elect a Commissioner to sit on the ATSIC Board. An additional commissioner is elected from the Torres Strait to also sit on the ATSIC Board.
Through this network of Councillors and Commissioners, ATSIC advises Commonwealth, state, territory and local governments on Aboriginal and Torres Strait Islander issues. ATSIC is the main Commonwealth agency responsible for administering Aboriginal and Torres Strait Islander programs and monitors the performance of other government agencies providing services to Indigenous peoples.[60]
A Commitment to Partnership between the Government of Queensland and the Queensland State Policy Council, Aboriginal and Torres Strait Islander Commission was entered into in July 2002. The aim of the commitment to partnership is to ‘enhance negotiated outcomes and to protect and respect the inherent rights of Aboriginal peoples and Torres Strait Islanders and to significantly improve the health, education, living standards, and wealth of Aboriginal peoples and Torres Strait Islanders’.[61] This agreement is likely to enhance the role of ATSIC in relation to matters within the state jurisdiction.
Torres Strait Regional Authority (‘TSRA’): The Torres Strait Regional Authority is a Commonwealth agency that was established in 1994 under the Aboriginal and Torres Strait Islander Commission Act 1989 to strengthen the economic, social and cultural development of the Torres Strait to improve the lifestyle and social wellbeing of Torres Strait Islanders and Aboriginal peoples living in the region.[62]
The TSRA has the same responsibilities as ATSIC, except they relate to Torres Strait Islanders and Aboriginal people living in the Torres Strait Region. The TSRA Board consists of 20 members. The TSRA Board elects a commissioner to represent the Torres Strait Region on the ATSIC Board and the Torres Strait Islander Advisory Board.
The TSRA is also the Native Title Representative Body for the region and established the TSRA Native Title Office in 1996 to provide assistance to traditional owners in pursuing recognition of their native title rights and in on-going land management issues impacting upon native title rights.
Aboriginal Co-ordinating Council (‘ACC’) and Aboriginal Community Councils:[63] The ACC is established under the Community Services (Aborigines) Act 1984 and is the secretariat body and local government to the fifteen Deed of Grant in Trust Communities across Queensland. Aboriginal Community Councils head each of these communities. Functions of the ACC may include providing advice and establishing businesses relating to the promotion, progress, development and wellbeing of Aborigines.
The Aboriginal Community Councils are elected every four years by residents of their own community. Each of the councils elects a member of their council to represent their community on the Aboriginal Co-ordinating Council.
Island Co-ordinating Council (‘ICC’) and Torres Strait Island Community Councils: The ICC represents the seventeen Torres Strait Island Community Councils established under the Community Services (Torres Strait) Act 1984 (Qld) and includes one non-council community representative for people from certain communities on Thursday Island (Tamwoy, Rosehill, Aplin, Wyabin and Quarantine).[64] The ICC’s responsibilities include providing advice and establishing businesses relating to the promotion, progress, development and wellbeing of Torres Strait Islanders.[65]
The Island Community Councils are elected every four years by residents of their own community. The chairperson of each island community council represents their community on the Island Coordinating Council.
Aboriginal and Torres Strait Islander Advisory Board (‘ATSIAB’): ATSIAB, established in May 1999, is responsible for advising the Queensland Government on the development and implementation of policy relating to Aboriginal and Torres Strait Islander peoples in Queensland.[66]
The Board replaces the Indigenous Advisory Council which was established in 1997 from an amalgamation of the Aboriginal and Torres Strait Islander Overview Committee and the Aboriginal Justice Committee. These two committees were established in response to the recommendations of the Royal Commission into Aboriginal Deaths in Custody. The Board’s responsibilities include providing advice relating to the implementation of the recommendations of the Royal Commission into Aboriginal Deaths in Custody and representing Queensland on the National Justice Advisory Committee.
The fifteen members of the Board are appointed by the Minister for Aboriginal and Torres Strait Islander Affairs and include Indigenous peoples from across Queensland with a wide range of experience.
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The full text of the Discussion Paper is available online via the Queensland Parliamentary Committees website at
<http://www.parliament.qld.gov.au/Comdocs/LegalRev/LCARIP06.pdf> .
This Issues Paper has been followed by a Report of the Legal, Constitutional and Administrative Review Committee, Legislative Assembly of Queensland, September 2003, which will be extracted in the next edition of the Australian Indigenous Law Reporter (AILR 8.3).
[1] Queensland Constitutional Review Commission (‘QCRC’), Report on the possible reform of and changes to the Acts and laws that relate to the Queensland Constitution, February 2000. Available online at <http://www.constitution.qld.gov.au> .
[2] Ibid 42.
[3] Ibid, recommendation 5.6.
[4] Queensland, Parliamentary Debates, Queensland Legislative Assembly, 29 February 2000, 45–46 (Peter Beattie).
[5] Council for Aboriginal Reconciliation, Recognising Aboriginal and Torres Strait Islander Rights, Ways to implement the National Strategy to Recognise Aboriginal and Torres Strait Islander Rights, on of four national Strategies in the Roadmap for Reconciliation, 2000, 16.
[6] Standing Committee on Social Issues, Parliament of New South Wales Legislative Council, Aboriginal Representation in Parliament Issues Paper No 3, 2; Council for Aboriginal Reconciliation , above n 5, 14.
[7] Council for Aboriginal Reconciliation, above n 5, 15.
[8] Ibid.
[9] Aboriginal and Torres Strait Islander Commission, Recognition, Rights and Reform: A Report to Government on Native Title Social Justice Measures, ACT, 1995, at [4.9].
[10] Council for Aboriginal Reconciliation, above n 5, 5.
[11] Australian Bureau of Statistics, 2001 Census Basic Community Profile and Snapshot of Queensland (2nd release), available online at <http://www.abs.gov.au> .
[12] Council for Aboriginal Reconciliation, above n 5, 2.
[13] Ibid 14.
[14] See the discussion of the Aboriginal and Torres Strait Islander Social Justice Commissioner, Social Justice Report 2002, available online at <http://www.hreoc.gov.au/social_justice/sj_report/index.html> , chapter 2.
[15] Aboriginal and Torres Strait Islander Commission, above n 9, 28.
[16] Council for Aboriginal Reconciliation, above n 5, 14.
[17] See <http://www.treatynow.org> see also Senate Standing Committee on Constitutional and Legal Affairs, Two Hundred Years Later ... The feasibility of a compact or ‘Makarrata’ between the Commonwealth and Aboriginal people (1983).
[18] Council for Aboriginal Reconciliation, Reconciliation Australia’s Challenge – Final report of the Council for Aboriginal Reconciliation to the Prime Minister and the Commonwealth Parliament, ACT, December 2002, 106.
[19] See, eg, W Jonas, Recognising Aboriginal Sovereignty – implications for the treaty process, presented to the ATSIC national Treaty Conference, 27 August 2002, available online at
<http://www.treatynow.org/conference.asp> .
[20] Council for Aboriginal Reconciliation, Going forward: Social Justice for the first Australians: A submission to the Commonwealth Government, March 1995, text supporting recommendations 21–22.
[21] Council for Aboriginal Reconciliation, above n 5, 16.
[22] Council for Aboriginal Reconciliation, above n 28, recommendation 15.
[23] This recommendation was made in the context of local government. See Council for Aboriginal Reconciliation, above n 5, 16.
[24] Ibid.
[25] EARC, Report on Queensland Legislative Assembly Electoral System Volume 1 (1990), 82.
[26] Aboriginal and Torres Strait Islander Social Justice Commissioner, Third Report 1 July 1994 to 30 June 1995, available online at <http://www.hreoc.gov.au/social_justice/social_justice/index.html> , 74.
[27] ATSIC made these recommendations in the Commonwealth context, and as an interim measure pending investigation of the possibility of reserved seats: Aboriginal and Torres Strait Islander Commission, above n 9, 50–1.
[28] Standing Committee on Social Issues, Parliament of New South Wales, Enhancing Aboriginal Political Representation Inquiry into Dedicated seats in the New South Wales Parliament, November 1998, 106; Aboriginal and Torres Strait Islander Social Justice Commissioner, above n 26, 76.
[29] Aboriginal and Torres Strait Islander Commission, above n 9, 49–50; Aboriginal Coordinating Council (‘ACC’) submission to the Queensland Constitutional Review Commission (‘QCRC’), available online at <http://www.constitution.qld.gov.au/review/subs/sub_acc.htm> submissions to the 1988 Constitutional Commission: see Final Report of the Constitutional Commission 1988 Volume 1 (1988), [4.279]. See also Standing Committee on Social Issues, above n 28, 11–14, 104.
[30] See Government Response to the Legal, Constitutional and Administrative Review Committee Report No 24, July 2000, Review of the Queensland Constitutional Review Commission (‘QCRC’) recommendations relating to a consolidation of the Queensland Constitution, Queensland Legislative Assembly, 3 October 2000 (Peter Beattie).
[31] See Australian Government Department of Education, Science and Training, Discovering Democracy, available online at <http://www.curriculum.edu.au/democracy/index.htm> .
[32] Australian Electoral Commission, Behind the Scenes: The Australian Electoral Commission’s 1998 Federal Election Report, available online at
<http://www.aec.gov.au/_content/when/past/1998/campaign.htm> .
[33] Electoral Commission of Queensland, Annual Report 2001–02 (2002) 4.
[34] Ibid 35.
[35] House of Representatives, About the Senate, September–October 2002, 35. See also Parliamentary Education Office website, available online at <http://www.peo.gov.au> .
[36] New South Wales Department of Local Government, Evaluation of Aboriginal Mentoring Program Report, May 2000.
[37] Further information about Youth Parliaments run in Queensland is available from Queensland Parliamentary Education Services by contacting Parliament House. It is also available online at <http://www.parliament.qld.gov.au/Education/ForSchools/index.htm> .
[38] This is similar to a recommendation made by ATSIC, above n 9, recommendation 10(d).
[39] See Parliament of Queensland Act 2001 (Qld) ch 5. See also general information available about Queensland Parliamentary Committees, available online at
<http://www.parliament.qld.gov.au/committees> .
[40] Legislative Assembly of Manitoba, Fact Sheets: How Standing Committees Operate, available online at <http://http://www.gov.mb.ca/leg-asmb/info/committees.html> .
[41] Legislative Assembly of British Columbia, Sessional Order 47–47a, available online at <http://www.legis.gov.bc.ca/questions/index.htm> .
[42] Standing Committee on Social Issues, Parliament of New South Wales, above n 28, 73–5, 104–6.
[43] As discussed by the Standing Committee on Social Issues, Parliament of New South Wales, above n 28, 105.
[44] Standing Committee on Social Issues, Parliament of New South Wales, above n 6, 46–7.
[45] See, eg, Parliament of Singapore, Law Making, available online at
<http://www.parliament.gov.sg/AboutUs/Htdocs/abt-funct-lawmaking.html> .
[46] National Congress of American Indians website, available online at
<http://www.ncai.org/index.asp> .
[47] See also Standing Committee on Social Issues, Parliament of New South Wales, above n 28, 75.
[48] See also Standing Committee on Social Issues, Parliament of New South Wales, above n 28, 45.
[49] See also the discussion on the Mechanics of Dedicated Seats of the Standing Committee on Social Issues, Parliament of New South Wales, above n 28, ch 7.
[50] For further information see New Zealand Electoral Commission/Ministry of Maori Development, Maori roll or General roll? It’s your choice, available online at
<http://www.election.govt.nz/elections/esyst/meo_2001.pdf> .
[51] See Parliament of Fuji Islands website, available online at
<http://www.parliament.gov.fj/main/index.aspx> .
[52] See Singapore Elections Democracy at Work website, available online at
<http://www.elections.gov.sg/democracy/Democracy.html> .
[53] See Maine House of Representatives, House Rules pt 5, available online at
<http://janus.state.me.us/house/h_rules/hr_5.htm> .
[54] Some of the advantages and disadvantages of dedicated seats listed were canvassed by the Standing Committee on Social Issues, Parliament of New South Wales, during consultation and reporting. See Standing Committee on Social Issues, Parliament of New South Wales, above n 28.
[55] S Bittle for the Law Commission of Canada, Renewing Democracy: Debating Electoral Reform in Canada – Discussion Paper, Her Majesty the Queen in Right of Canada (2002) 1.
[56] Ibid 29.
[57] EARC, above n 25.
[58] See A Reilly, ‘Dedicated seats in the Federal Parliament for Indigenous Australians: The theoretical case and its practical possibility’, (2001) 2(1) Balayi: Culture Law and Colonialism 73, 87.
[59] Drawn from S Bittle for the Law Commission of Canada, above n 55, 41–2.
[60] ATSIC website, available online at <http://www.atsic.gov.au> .
[61] Commitment to Partnership between the Government of Queensland and the Queensland State Policy Council Aboriginal and Torres Strait Islander Commission, July 2002. In this document ‘inherent rights’ are defined to mean autonomy rights, peoplehood or identity rights and territory and resource rights.
[62] TSRA website, available online at <http://www.tsra.gov.au/www/index.cfm> .
[63] Aboriginal Co-ordinating Council, Inside the Aboriginal Co-ordinating Council, available online at <http://www.accq.org.au/org/main.htm> .
[64] Community Services (Torres Strait) Act 1984 (Qld) s 140.
[66] Report on the First Aboriginal and Torres Strait Islander Advisory Board 1999–2001.
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