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6894 LEGISLATIVE ASSEMBLY Thursday 8 June 2000 ______ Mr Speaker (The Hon. John Henry Murray) took the chair at 10.00 a.m. Mr Speaker offered the Prayer. BILL RETURNED The following bill was returned from the Legislative Council without amendment: Courts Legislation Amendment Bill CONSTITUTION AMENDMENT BILL Second Reading Debate resumed from 7 June. Mr O'DOHERTY (Hornsby) [10.02 a.m.]: I speak on behalf of the New South Wales Opposition in place of my colleague the shadow Attorney General, the honourable member for Gosford, who is currently on duty with his Sydney Organisation Committee for the Olympic Games colleague the Minister for the Olympics welcoming the Olympic torch to Australia. All Australians have been following the event on radio and television this morning. There is great excitement as the Olympic torch arrives at the very heart of our land. The Constitution Amendment Bill was introduced by the Government in another place. It deals with a problem that was drawn to our attention in 1996 in a report by the Commissioner of the Independent Commission Against Corruption concerning the need to clarify the meaning of the word "conviction" in relation to members of Parliament holding their seats. I refer honourable members to the speech on behalf of the Opposition given by the shadow Minister in another place. The Opposition will not oppose the bill. Mr WHELAN (Strathfield—Minister for Police) [10.04 a.m.], in reply: I thank the honourable member for his contribution. Motion agreed to. Bill read a second time and passed through remaining stages. BUSINESS OF THE HOUSE Precedence of Business: Suspension of Standing and Sessional Orders Motion by Mr Whelan agreed to: That standing and sessional orders be suspended to allow the consideration forthwith of a motion from the member for Wollongong regarding the treatment of Aboriginal people and Aboriginal reconciliation, with the following speaking times: Mover - 10 minutes Member next speaking - 10 minutes 6 other members - 5 minutes Reply - 5 minutes. MYALL CREEK MASSACRE Mr MARKHAM (Wollongong—Parliamentary Secretary) [10.06 a.m.]: I move: That this House: (1) recognise the significance of Myall Creek as an example of the treatment of Aboriginal people and of justice being done; (2) recognise the importance of sharing the whole truth of Australian history; and 8 June 2000 LEGISLATIVE ASSEMBLY 6895 (3) commend the Myall Creek Memorial Committee, and all the Aboriginal and other Australians who have worked together in a spirit of reconciliation to acknowledge the shared truth of our history. This Saturday on 10 June at Myall Creek near Bingara in north-west New South Wales a ceremony will be held to dedicate a memorial to the 1838 Myall Creek massacre. That event needs to be remembered as an appalling example of the treatment of Aboriginal people on colonial frontiers. Myall Creek can also be celebrated as an early example of Australian justice and of reconciliation in action. After all, there can be no reconciliation without justice. This is the story of Myall Creek. On 10 June 1838, 12 armed stockmen rode onto Henry Dangar's Myall Creek Station, where friendly Aboriginal people were camped. They rounded up and roped together like animals 28 Aboriginal elderly men, women and children, who were then dragged by the 12 stockmen into the bush and butchered—every last one. Their bodies were then burnt. The stockmen planned their murderous attack well. They waited until the younger Aboriginal men of the camp were away working with the station manager, leaving their elderly and women and children unprotected. When the station manager and young Aboriginal men returned the station manager immediately reported the massacre to the authorities. Henry Dangar's honourable action of reporting a crime against an Aboriginal community was uncommon during these times as Aboriginal people were considered animals and pests. The leader of the murderers escaped but the other 11 stockmen were brought to trial in Sydney. They were acquitted on a technicality. The jury was out for 20 minutes and the not guilty verdict was greeted by cheering. One of the jurors was later quoted in the Australian as saying: I look on the blacks as a set of monkeys and the sooner they are exterminated from the face of the earth, the better. I knew the men were guilty of murder but I would never see a white man hanged for killing a black. Four of the accused were freed. The other seven were retried on a different charge, found guilty and hanged. This was the first time white men were punished and brought to justice for killing Aboriginal people. The hanging of the Myall Creek murderers caused great outrage in Sydney. But there were many colonists who were outraged at the massacres of Aboriginal people. However, their voices were few among many. The Myall Creek massacre became headline news and caused a scandal that split colonial society. The Sydney Morning Herald spoke for the majority: We want neither the classic nor the romantic savage here. We have far too many of the murderous wretches about us already. The whole gang of black animals are not worth the money the colonists will have to pay for printing the silly court documents on which we have already wasted too much time. Most of the frontier massacres were not known about or talked about. Much of the history has been hidden and untold. The Myall Creek massacre was an unprovoked and premeditated act. Sadly, it was one of the many such massacres that occurred all along the settlement frontier during the nineteenth century. The truth is that gangs of stockmen regularly went on Aboriginal hunts. These are commonly remembered in white tradition as "a big bush whack", or simply "a drive". Nigel Parbury's book Survival records another massacre which occurred in 1865. A gang of stockmen, acting on advice and example by Major Nunn, also went on a drive which lasted several months. It culminated in the massacre of more than 200 Aboriginal people at Slaughterhouse Creek at the end of May. We certainly did not learn about massacres, rape and torture in Australian history classes. Nor did we learn about Aboriginal resistance. We learnt the whitewashed history of Australia. Historian Jan Roberts recorded many Aboriginal oral histories and included them in her 1981 book Massacres to Mining: The Colonisation of Aboriginal Australia. These are the words of an Aboriginal survivor—part of our untold history: My mother would sit and cry and tell me this: They buried our babies in the ground with only their heads above the ground. All in a row they were. Then they had tests to see who could kick the babies' heads off the furthest. Most of the history of Aboriginal resistance has been written out of the Australian legend. For reconciliation to occur, there needs to be an honest acknowledgement of our history. Aboriginal and Torres Strait Islander people naturally have a different perspective on Australia's history to that of many immigrant Australians. What Europeans call "settlement" Aboriginal people call "invasion". A proper acknowledgement of history is basic to understanding the present circumstances and claims of indigenous Australians. Guilt is not a useful tool for reconciliation; a comprehensive understanding of our shared history is. From the beginning, Australia was treated as a colony of settlement, not of conquest. Aboriginal land was taken under the legal fiction of terra nullius—that the land belonged to no-one. There were no official negotiations or treaties. Looking at the Aboriginal perspective on Australia's colonisation is essential to the 6896 LEGISLATIVE ASSEMBLY 8 June 2000 production of a balanced picture, one that acknowledges not only the achievements of the settlers but also the terrible consequences of those achievements for Aboriginal Australians. And it helps us to understand how Aboriginal people came to be treated as a different and inferior people. Aboriginal studies should be a compulsory part of every child's education. Some excellent programs are up and running in New South Wales which are working to improve our children's education on Australian Aboriginal history. There is a pre-service teacher training project in universities called Teaching the Teachers. It is a model mandatory Aboriginal Studies subject with three excellent modules on teaching Aboriginal history. There is also a new project called Achieving Reconciliation in New South Wales Schools. The project aims to involve young people in reconciliation within their communities, but it also has a strong focus on teaching young people about Aboriginal people, culture and history. This excellent initiative has recently been completed by the Macquarie University and is funded by the Department of Education, Training and Youth Affairs. Relatively few non-indigenous Australians have much to do with Aboriginal or Torres Strait Islander people in their day-to-day lives. A lack of first-hand information provides fertile ground for simplistic or false perceptions. Myall Creek is a very important part of New South Wales and Australian history, and the memorial should be given every support. The memorial commemorates not only the massacre and the fact that justice was done; it is testimony to the true history of Australia. The memorial is an initiative of the Myall Creek Memorial Committee, led by Gamilaroi Elder Lyall Munro Senior and Dr John Brown of the Uniting Church. Indigenous and non-indigenous community members were also involved, including descendants of the Aboriginal people who were massacred and descendants of the white stockmen who were hanged. This is a true sign of reconciliation. The Myall Creek memorial is funded by the New South Wales Government Heritage Assistance program and the Local Symbols of Reconciliation project of the Council for Aboriginal Reconciliation.