DECISION NO. CABINET MINUTE
BRISBANE o?b I 9 /19 ?'? '
SUBJECT:------~------~ Aborigine s a nd Torre s Strait Islande rs Commission Bill.
------(Su bmiss ion No. 4 9 76¥ ) do :"pies Received at /C · /~ ~ o2. b I 9 119 /'j/' Copies Made CIRCULATION DETAILS
GOVERNOR Decision F ile 1 21 MR. AHERN 2 22 /~ r:~- ~ - I ~ 3 23 ... Copy of refeva MR. GUNN /IL \r J h ~;,..,.. ; - . . . r ~nn; ~. . . ~v·' .1f:·'l\( _?<~ - , Y re 1\':;Vtlll 4 MR. GIBBS 24 7 ~ . ~ . i ~L c::<:: i f"\n .,t- ~r he r MR .. GLASSOt ~I' ~ 5 25 g_ J •. - ,... " : rr: _, ~ ...... MR. AUSTIN 11 6 26 ~ <.-~ -? MR. LESTER 7 27 Ml<. .1..t:;NNl 8 28
9 MR. HARPER 29
10 MR. MUNTZ 30
11 MR. MCKECHfl IE 31
12 MR. KATTER 32 . 13 MR. NEAL 33
14 MR. CLAUSO~ 34 . MR. BORBIDG E 15 35
16 MR. RANDELL 36
17 MR. COOPER 37
18 MR. HARVEY 38 MR. LITTLEP ROUD 19 39 Master File 20 40 Kodak Color Control Patcne&DYzW Blue Cyan Green
-- -~ _,
,_
- Copy Noo 20 C 0 N F I D E N T I A L
C A B I N E T 1'·1 I N U T E
Brisbane, 26th September, 1988
Decision Noo 55205
Submission No. 49764 TITLE: Aborigines and Torres Strait Islanders Comm i ssion Billo
CABINET decided :-
1 0 That full details of any potentially d isrup tive legal consequences of the Commonwealth Bill be urgently conveyed to Cabinet for consideration.
n :;· 3 n That any possibility of invalidity of the Bill should be examined ...::>" and acted upon if requisite. CD .. c: CD g; • That the Department of Community Se rvices, in conjunction with the Solicitor-General's Office, continue its urgent assessment of Q. the practical consequences for State administration. QI n ~ ~ () :::J 0 -0 """"'C CIRCULATION: Department of Community Servic es and Ethnic Affairs and copy to Ministero ~ () Premier : s Department and copy to Premier and Treasure r . !g Treasury Department and copy to Minister. ,..... Department of Justice and copy to Minister. a Solicitor-General. - All other Ministers for perusal and return. ~ '""O - QJ i rt
~ Certified True Copy 49764
Security Classification " C" - Confidential 21
FOR CABINET
Aborigines and Torres Strait Islanders Commission Bill
1. On the 23rd August, 1988, the Right Honourable the Prime Minister gai n ed a Re s olution from the Hous e of Representatives , a copy of which is attached (Attachment A) .
2 . On September 1st, the House of Representatives also passed the Aboriginal and Torres Strait Islanders Commission Bill, the Preamble to which expa nded o n the Resolution r eferred to in parag raph 1. A copy of the Preamble is attached (Attachment B).
3 . I t w i 11 be noted th a t the Co mm on we a 1 th Par l i amen t i s i n the process of:-
(i) Accepting that Aborigines and Islanders occupied and owned Australia prior to the British settlement in CD 1788. c:
5. The Bill also establishes an elected Aboriginal b ody exceeding the previous National Aboriginal Conference in both number, authority and access to finance . The Commi ssion will become a massive quango involving itself with both State and Local Government of its own authority.
The Commission is subject to no more Ministerial direction than any other Commonwealth statutory authority .
6. The complexity of both the Bi 11 itself and its potential repercussions throughout the State require careful attention. I understand that the Solicitor-General has provided advice to the Premier's Department on these matters.
12 2 .
7 . IT IS RECOMMENDED -
( i ) That full details of any potentially disruptive legal conseque nces of the Bill be urg e ntly conveyed to Cabinet for consideration;
( i i ) That a n y possibility of invalidity of the Bill should be examin ed and acted upon if requisite;
( iii) That my Department , in conjunction with the Solicitor - General ' s Office continue its urgent assessme nt of the practical consequences for State adm inistration .
R.C. KATTER Minister for Northern Development, Community Services and Ethnic Affairs
BRISBANE 26 September , 1988
a- ATTA CHMEN T A
Aboriginal Occupation of Australia 23 August 1988 REPRESENTATIVES 13 7
Tuesday, 2 3 August 1988 ~_<:~n_9-~1~5":!~-~ - th at:_ - -(a) A~sti=;; l ia was -occupied by Aborigines and 1 T orres Strait Islanders wh o had settled j Madam S PEAK ER (Hon. J oan Child ) for thousands of years before Bri tish set- ; took the chair at 2 p.m ., and read prayers. tlement at Sydney Cove on 26 January I 1788; I 1 ELECTORAL DIVISION OF OXLEY (b) Aborigines and Torres Strait Isla nders Resignation of Member- Issue of Writ suffered dispossession and dispersal upon Madam SPEAKER- Order! I formally acquisi tion of their traditional lands by , the Britis h C rown; and I inform the House that on 17 August 1988 I received a letter from the Hon. Bill Hayden (c) Abo ri gi nes and Torres Strai t Islanders ! were denied full citizenship rights of the j I resigning his seat as the member for the Commonwealth of Australia prior to the 1 electoral division of Oxley. It is my intention 1967 Referendum; ! to issue a writ on Monday, 5 September __02._f!i_~s_: . 1988 , for the election of a member to serve (a) the importance of Aboriginal and Torres fo r the electoral div ision of Oxley, in the Strait Isla nder culture and heri tage; a nd State of Queensland, to fill the vacancy (b) the entitlement of Aborigines and Torres I caused by the resignation of Mr Hayden. Strait Islanders to self-management and The dates in connection with the by-election self- A BILL FOR An Act to establish an Aboriginal and Torres Strait Isla nd e r Commission, and for related purposes WHEREAS the Australian people voted overwhelmingly to amend th': Australian Constitution to provide the P .a~liament of the Comr_nonwea 1t i• ! with power to make laws for the Abongrnal and Torres Strait Isl andc !: peoples; 5 l! AND WHEREAS the people whose descendants are now known as t h·~ Aboriginal and Torres Strait Islander peoples of Australia were the prier occupiers and original owners of this land; I• 1 AND WHEREAS they were dispossessed by subsequent Europe:111 j occupation and have no recognised rights over land yet recognised by the 10 \l Courts i1 become, as a 9:fOUp, the most disadvantaged in Australian society; j~ AND WHEREAS it is the intention of the people of Australia to make q provision for rectifiC.Jtion, by the measures referred to in this Act and such '., measures as arc agreed by Parliament from time to time, of the .., :'i 3 .., \i consequences of past injustices and to ensure for all time that the :::>' ,; Aboriginal and Torres Strait Islander peoples receive that full recognition 5 CD "''" c: !: and status within the Australian nation to which history, their prior