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25856 LEGISLATIVE ASSEMBLY Wednesday 22 September 2010 __________ The Speaker (The Hon. George Richard Torbay) took the chair at 10.00 a.m. The Speaker read the Prayer and acknowledgement of country. BUSINESS OF THE HOUSE Notices of Motions General Business Notices of Motions (General Notices) given. CONSTITUTION AMENDMENT (RECOGNITION OF ABORIGINAL PEOPLE) BILL 2010 Agreement in Principle Debate resumed from 21 September 2010. Ms JODI McKAY (Newcastle—Minister for Tourism, Minister for the Hunter, Minister for Science and Medical Research, and Minister for Women) [10.07 a.m.]: I am pleased to support this bill, which will provide a formal constitutional recognition of Aboriginal people as the first people of New South Wales. This amendment to the Constitution Act will provide acknowledgement of the spiritual, social and cultural connection Aboriginal people have with their land and waters, and the significant contributions Aboriginal people have made to our community. Reconciliation between Aboriginal and non-Aboriginal people in Australia is a work in progress and this proposal builds on the New South Wales Government's commitment to Aboriginal people. Regrettably, the actions, words and behaviour of a few in our society have not always helped the community's efforts to work towards reconciliation. My colleague the Minister for the State Plan, and Minister for Community Services, and the first Aboriginal person elected to State Parliament has spoken of the significance of this move to acknowledge Aboriginal people and the value of their contribution. She said: This formal recognition is very important to the Aboriginal community. It's a sign of respect and it has come at a time when the issue of racism has reared its ugly head again. This constitutional recognition will go some way to healing wounds. Each of us must work towards healing those wounds. Constitutional recognition as the first people of New South Wales marks another important step towards righting the wrongs of the past and embracing a positive future for Aboriginal people in New South Wales. The national apology to the stolen generations, delivered on behalf of the nation by former Prime Minister Rudd, was such a significant occasion in Australia's history and provided renewed momentum to the efforts of reconciliation across the country, which had stalled under the leadership of former Prime Minister Howard. The recognition of Aboriginal peoples in the New South Wales Constitution builds on the direction taken by the national apology to further reconciliation and harmony between communities, showing respect to indigenous peoples and working to reduce the gap that exists between indigenous and non-indigenous people across New South Wales. In announcing the proposed new section for the New South Wales Constitution, the Premier said: Constitutional recognition reminds us that the determination to close the gap in a range of indicators continues. Aboriginal people make up an important and sizeable section of the Hunter region's population, and it is growing. I am advised that the Aboriginal population of the Hunter region is forecast to increase by 36 per cent over the next 12 years, from 18,377 last year to 25,062 in 2021, making the Hunter the third-fastest growing population of Aboriginal people in New South Wales. We have a responsibility to Aboriginal communities to target resources to help eliminate inequalities between indigenous and non-indigenous populations across a range of areas, particularly in health, housing, education and job creation. I know that people across Newcastle and the Hunter region will welcome the formal recognition of Aboriginal people as the first people of New South Wales as another milestone in achieving better outcomes for 22 September 2010 LEGISLATIVE ASSEMBLY 25857 Aboriginal people. Many people in Newcastle and the Hunter have been campaigning for greater recognition of the contribution of Aboriginal people, which will help correct the imbalance that exists between indigenous and non-indigenous people. Respected Awabakal Elder Aunty Sandra Griffin has also welcomed the recognition of Aboriginal people in the New South Wales Constitution as a truly significant milestone for Aboriginal people. In a fax sent to me, Aunty Sandra wrote: It is indeed an historic day for us the Aboriginal people to be formally acknowledged as the State's first people. It is a giant landmark step … I feel I will never walk again but float on Mother Earth … Such words of passion show the heartfelt meaning this gesture of constitutional recognition has for indigenous peoples in New South Wales. Aunty Sandra is a highly respected Awabakal woman, who has stood up for her community and is widely loved throughout Newcastle and the Hunter. Her endorsement of the Government's proposal for constitutional recognition gives me all the reasons in the world I need to support this measure. Today is also a day for which non-indigenous citizens can be proud, knowing how important the decision of this Parliament will be for our Aboriginal citizens. Recognition of Aboriginal people in the New South Wales Constitution will further demonstrate our respect for Aboriginal people as the traditional owners of the lands and waters of New South Wales, and show that our State values their contribution to the community. I note that the Federal Parliament may also consider a bill for a referendum to include similar recognition of Aboriginal people in the Commonwealth Constitution as part of the arrangements between the Gillard Government and the Independents in the House of Representatives. This would be another important milestone towards reconciliation. I will close with a statement made by an Aboriginal man who spoke with my office on the significance of the constitutional recognition of Aboriginal people as the first people of New South Wales and other important measures, including the 1967 referendum granting citizenship to Aboriginal people and the national apology. He said: These are big steps, slow steps, but appreciated steps … I commend the bill to the House and look forward to its unanimous support in this place as a very strong indication to Aboriginal people around New South Wales that we are as one on the need to acknowledge and respect Aboriginal people and achieve reconciliation within our community. Ms KATRINA HODGKINSON (Burrinjuck) [10.13 a.m.]: I support the Constitution Amendment (Recognition of Aboriginal People) Bill 2010. Recently we were privileged to witness a special smoking ceremony here at Parliament House and to be in the company of two eminent indigenous Australians as the Premier introduced and spoke on this bill, as did the Leader of the Opposition and the Leader of The Nationals. The bill inserts a section into the principal Act, the Constitution Act 1902. Clause 3 states: 2 Recognition of Aboriginal people (1) Parliament, on behalf of the people of New South Wales, acknowledges and honours the Aboriginal people as the State's first people and nations. (2) Parliament, on behalf of the people of New South Wales, recognises that Aboriginal people, as the traditional custodians and occupants of the land in New South Wales: (a) have a spiritual, social, cultural and economic relationship with their traditional lands and waters, and (b) have made and continue to make a unique and lasting contribution to the identity of the State. (3) Nothing in this section creates any legal right or liability, or gives rise to or affects any civil cause of action or right to review an administrative action, or affects the interpretation of any Act or law in force in New South Wales. That addition to our Constitution is a bit decorative but I am happy to support it. Throughout my life, I have had numerous conversations and friendships with many Aboriginal people, and I know that many people in my electorate will be excited today about this amendment to our Constitution going through. I think back many years ago to when I was in kindergarten at Yass Public School. Times were not so great back then; segregation was a significant issue. I can remember one teacher making the young Aboriginal kids sit up on the fence while we all played in the playground and thinking how unfair that was. I had a very dear Aboriginal friend and we would sneak off together and do things like dig up yams and find witchetty grubs. It was a time of great fun. However, it is awful to think that throughout white colonisation of this nation people have not been treated equally. There are all sorts of reasons for that through history, and we must accept history the way it is. But 25858 LEGISLATIVE ASSEMBLY 22 September 2010 perhaps this amendment is one way of assisting reconciliation in regional and urban areas throughout New South Wales, in the same way that Victoria and Queensland have attempted to do by inserting a similar section in their constitutions. My dear friend, Eric Bell, who is an incredible role model to the Yass community, will be pleased with this amendment, as will all his relatives. Uncle Eric is an incredible role model to all people in the Yass community, regardless of colour. He is an inspiration, a hard worker and a great supporter of ensuring that Aboriginal people living in Yass are motivated to improve the local community, whether it is by improving walking trails along the Yass River or participating in work-for-the-dole programs. When work-for-the-dole programs came along Eric was determined to ensure that our local indigenous community was part of that. The program gave people a reason to get out of bed in the morning. For too many years there has been an attitude about welfare, and I think it still a significant issue today. Yesterday I attended a luncheon in Sydney, held by the Australia-Israel Chamber of Commerce.