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Inquiry Into the Constitutional Recognition of Aboriginal People As Tasmania’S First People

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Inquiry Into the Constitutional Recognition of Aboriginal People As Tasmania’S First People 2015 (No. 35) _______________ PARLIAMENT OF TASMANIA _______________ HOUSE OF ASSEMBLY STANDING COMMITTEE ON COMMUNITY DEVELOPMENT Inquiry into the Constitutional Recognition of Aboriginal people as Tasmania’s First People ______________ MEMBERS OF THE COMMITTEE Mr Barnett (Chair) Ms Courtney Mr Jaensch, Ms O’Connor Ms Ogilvie Table of Contents 1 Appointment, terms of reference and conduct of the inquiry.................................3 2 Summary of Findings............................................................................................... 4 Recommendations .............................................................................................7 3 The Constitution of Tasmania ................................................................................. 8 4 Other jurisdictions ................................................................................................... 9 New Zealand..................................................................................................... 13 5 Support for change ................................................................................................ 15 Previous Tasmanian Government support....................................................... 16 Recognition of Tasmania’s history ................................................................... 16 Heritage............................................................................................................20 Absence in Constitution ...................................................................................24 Reconciliation / First step .................................................................................24 Inclusion ...........................................................................................................26 Benefits to be part of the amendment ............................................................ 31 6 Proposed wording of recognition ......................................................................... 40 Terminology .................................................................................................... 40 Proposals submitted to the Committee .......................................................... 40 Consideration of other States ......................................................................... 44 7 Legal Issues ............................................................................................................47 Justiciability ......................................................................................................47 Non-justiciability clause .................................................................................... 51 8 Community consultation ........................................................................................54 9 Aspirations for sovereignty and treaty ..................................................................58 10 Views on Selected RecognItion..............................................................................67 11 Concluding Statement............................................................................................70 Appendix A: Submissions Received................................................................................... 72 Appendix B: Documents received ..................................................................................... 73 Appendix C: Minutes ......................................................................................................... 74 2 1 APPOINTMENT, TERMS OF REFERENCE AND CONDUCT OF THE INQUIRY 1.1 The Standing Committee on Community Development was established by resolution of the House of Assembly on 26 June 2014 to inquire into and report upon any issues and legislative proposals arising within the scope of the Committee as follows: (i) Aboriginal affairs; (ii) arts; (iii) corrections; (iv) health; (v) human services; (vi) justice; (vii) police and emergency management; (viii) racing; (ix) sport and recreation; and (x) women. 1.2 The Committee comprised of five Members of the House of Assembly. The Committee resolved at its meeting of 3 June 2015 to inquire into amending the Tasmanian Constitution to recognise Aboriginal people as Tasmania’s First People with the following Terms of Reference: The Terms of Reference for the inquiry are for the Community Development Committee: to inquire into and report upon:— a) proposals for amending the Tasmanian constitution to recognise Aboriginal people as Tasmania’s First People; and b) any matters incidental thereto. 1.3 The Committee resolved to invite, by way of advertisement on the Parliament of Tasmania website and in the three major Tasmanian newspapers and community papers on Flinders Island and King Island, interested persons and organisations to make a submission to the Committee in relation to the Terms of Reference. In addition to such general invitation, the Committee directly invited a number of persons and organisations to provide the Committee with any information they deemed to be relevant to the inquiry. 1.4 The Committee received 14 submissions and held 2 public hearings, including one in Hobart and one in Launceston, with 14 witnesses. 3 2 SUMMARY OF FINDINGS 2.1 The Committee notes that every Australian state, except for Tasmania, has enacted legislative reforms in recent years to acknowledge Aboriginal people as their First People. The legislative reforms in each case are slightly different and Tasmania can learn from the different approaches. 2.2 The Committee notes that the Australian Government has initiated a process that it hopes will to lead to a referendum and constitutional reform acknowledging Aboriginal people as Australia's First People. The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples Committee tabled its final report in June 2015, recommending recognising Aboriginal and Torres Strait Islanders as the original inhabitants of Australia, but recommended that wide spread support be achieved prior to calling a referendum. 2.3 The Committee notes that the Premier of Tasmania, the Hon. Will Hodgman MP has publicly stated his intention to reset the relationship with Tasmanian Aboriginal people as outlined in the Premier’s March 2015 State of the State address and the Government’s 2015 ‘Our Plan for the Next 365 Days’.1 2.4 The Committee notes that the Tasmanian Government is consulting with Aboriginal groups about issues important to them and is currently considering a broad range of short, medium and long-term actions across three outcome areas: connection to country and culture, recognition of Aboriginal people and closing the gap on disadvantage. 2.5 The Committee notes that meaningful reconciliation requires a long- term approach that has many steps, and the Committee considers constitutional recognition as a significant part of this process. 2.6 The Committee considers that the process of reconciliation can only be achieved through positive and proactive engagement by all parts of the Tasmanian community including Tasmanian Aboriginal people. 2.7 The Committee received arguments for and against constitutional recognition but the weight of evidence was in favour. 1 Submission 13, Department of Premier and Cabinet, p 1 4 2.8 The Committee finds that should the Tasmanian Parliament wish to amend the Constitution to provide recognition of Aboriginal people as Tasmania's First People, then a simple majority vote in both Houses in favour of such an amendment is all that is required. 2.9 The Committee notes a referendum is neither necessary nor warranted to achieve constitutional recognition at a state level. However it is noted that a referendum will be necessary to achieve an amendment to the Australian Constitution. 2.10 The Committee welcomed representatives of Tasmanian Aboriginal Centre’s appearance as witnesses before the Committee at a public hearing; however, the Committee was disappointed that the State’s peak body for Aboriginal Tasmanians did not make a written submission to this inquiry. 2.11 The Committee considers that meaningful legislative reform is more likely with the full engagement of Tasmanian Aboriginal people. 2.12 The Committee notes the example presented in New Zealand of the relations between the Government and the Maori people and considers that Tasmania can learn from New Zealand’s appreciation of indigenous culture. 2.13 The Committee finds there are two main options for constitutional reform: Option 1: an amendment to the preamble of the Constitution similar to amendments made to the Constitutions in Queensland and more recently in Western Australia. Option 2: an amendment by including an acknowledgement as a new section at the beginning of the Constitution. Such an acknowledgement could be similar to New South Wales South Australia or Victoria. 2.14 In both options, a concise and carefully worded acknowledgement of Aboriginal people as Tasmania's First People or similar wording would be an historical fact and would be one proposal to consider. 2.15 In relation to Option 2: (a) A more expansionary amendment could include acknowledgement of Aboriginal people as the 5 traditional custodians and occupants of Tasmania and their unique and lasting contribution to this State or words to similar effect. (b) A further more expansionary amendment could include the above in subsection (a) but also make reference to dispossession and its ongoing effects. 2.16 The Committee notes that the proposed wording of any amendment needs to be developed
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