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(Reserve 43131) Bill 2003 SECOND SESSION OF THE THIRTY-SIXTH PARLIAMENT REPORT OF THE SELECT COMMITTEE ON RESERVES (RESERVE 43131) BILL 2003 IN RELATION TO THE RESERVES (RESERVE 43131) BILL 2003 Presented by Hon Peter Foss MLC (Chairman) Report November 2004 SELECT COMMITTEE ON RESERVES (RESERVE 43131) BILL 2003 Date first appointed: June 25 2003 Terms of Reference: Select Committee on Reserves (Reserve 43131) Bill 2003 (1) That a Select Committee of five members, any three of whom constitute a quorum, is appointed to inquire into and report to this House the basis or grounds on which the Government introduced the Reserves (Reserve 43131) Bill 2003 and the reasons underlying its passage through both Houses at such short notice. (2) The Committee, and the proceedings of the Committee, are subject to Chapter XXII of Standing Orders and it is to be regarded for all purposes as a committee appointed under that Chapter. Members as at the time of this inquiry: Hon Peter Foss MLC (Chairman) Hon Jon Ford MLC Hon Louise Pratt MLC Hon Robyn Chapple MLC Hon Derrick Tomlinson MLC Staff as at the time of this inquiry: David Driscoll, Senior Committee Clerk Nigel Pratt, Clerk Assistant Address: Parliament House, Perth WA 6000, Telephone (08) 9222 7222 Website: http://www.parliament.wa.gov.au ISBN 1 9208 8629 X Note The Report of the Select Committee on Reserves (Reserve 43131) Bill 2003 consists of a Report of the Committee, and a Minority Report of the Hon Jon Ford MLC and Hon Louise Pratt MLC. The minority of the Committee disagrees with the following paragraphs of the Report: 11-19, 21-37, 39-41, 11.22, 12.56, 17.5, 17.13, 17.22-17.24, 17.26, 17.29, 17.30-17.39, 17.44, 17.47, 17.52, 17.53. The minority of the Committee disagrees with the following observations: 13, 18, 19 and 23- 31. The minority of the Committee disagrees with the following findings: 2, 11, 14, 19-21, 28 and 29. The minority of the Committee disagrees with all recommendations. SECOND SESSION OF THE THIRTY-SIXTH PARLIAMENT REPORT OF THE SELECT COMMITTEE ON RESERVES (RESERVE 43131) BILL 2003 IN RELATION TO THE RESERVES (RESERVE 43131) BILL 2003 Report November 2004 Government Response This Report is subject to Standing Order 337: After tabling, the Clerk shall send a copy of a report recommending action by, or seeking a response from, the Government to the responsible Minister. The Leader of the Government or the Minister (if a Member of the Council) shall report the Government’s response within 4 months. The four-month period commences on the date of tabling. List of Acronyms and Defined Terms AAPA Aboriginal Affairs Planning Authority Administrator Mr Barry Jameson, Chartered Accountant, Partner, Thomas Noble and Russell AHIC Aboriginal Housing and Infrastructure Council AHIU Aboriginal Housing and Infrastructure Unit APLO Aboriginal Police Liaison Officers Assembly Legislative Assembly ATSIC Aboriginal and Torres Strait Islander Commission ATSIS Aboriginal and Torres Strait Islander Service Bill Reserves (Reserve 43131) Bill 2003 CCU Crisis Care Unit Committee Select Committee on the Reserves (Reserve 43131) Bill 2003 Community Swan Valley Nyungah Community Coroner’s Report Coroner’s report into the death of Susan Taylor, November 2001 Corporation Swan Valley Nyungah Community Aboriginal Corporation Inc. Council Legislative Council CSO Crown Solicitor’s Office Cth Commonwealth Cullacabardee Cullacabardee Aboriginal Community DCD Department for Community Development Department of Family Now the Department for Community Development and Children’s Services DET Department of Education and Training DGGIG Directors General Gordon Implementation Group DHW Department of Housing and Works DIA Department of Indigenous Affairs DLI Department of Land Information Note: Formerly DOLA DOJ Department of Justice DOLA Department of Land Administration Note: DOLA became DLI on June 30 2003. DPC Department of Premier and Cabinet DPI Department of Planning and Infrastructure Gordon Inquiry Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities Gordon Report Report of the Inquiry into the Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities, July 31 2002 LAA Land Administration Act 1997 Leader of the Hon Kim Chance MLC, Leader of the Government in the Government Legislative Council Leader of the Hon Colin Barnett MLA. Norman Moore MLC, Leader of the Opposition Opposition in the Legislative Council Lord Street camp Swan Valley Nyungah Community MAAG Midland Aboriginal Advancement Group PCO Parliamentary Counsel’s Office PPS Principal Private Secretary “Putting People First” “Putting People First - the Western Australian State Government’s Action Plan for Addressing Family Violence and Child Abuse in Aboriginal Communities. The Response to the Inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities”, Government of Western Australia, November 2002. RDA Racial Discrimination Act 1975 (Cth) Reserve Reserve 43131 Saunders Street Urban Aboriginal Community SOGIG Senior Officers Gordon Implementation Group SVNC Swan Valley Nyungah Community SVNCAC Swan Valley Nyungah Community Aboriginal Corporation Inc. SVNC management Swan Valley Nyungah Community Aboriginal Corporation Inc. Sydney Road Gnangara Nyoongar Community WAPS Western Australian Police Service List of People Involved Mr Roland Bayman Acting Manager, Department for Community Development, Midland Office. Ms Jane Brazier Director General, Department for Community Development Mr Robert Bropho Spokesperson, Swan Valley Nyungah Community Aboriginal Corporation Inc. Mr Jim Clarysse Sergeant, Western Australian Police Service (Supervisor, Kiara Police Station) Mr Gordon Cole Chairperson, Perth Noongar Regional Council Mr Richard Curry Director General, Department of Indigenous Affairs Mr Mike Daube Director General, Department of Health Ms Sandra Eckert Legal Officer, Department of Land Administration Ms Colleen Egan Journalist, The Australian and The Sunday Times Mr Michael (‘Mick’) State Manager, Aboriginal and Torres Strait Islander Commission Gooda Mrs Susan Gordon AM Magistrate, Perth’s Children’s Court Mr Barry Jameson Chartered Accountant, Partner, Thomas Noble and Russell (Administrator of Reserve 43131) Mr Greg Joyce Director General, Department of Housing and Works Mr David Parkinson Superintendent, Western Australian Police Service Mr David Pedler Acting Assistant Director Regional Management, Department of Indigenous Affairs Mr Robert Mumme Inspector, Western Australian Police Service Mr Kieran Murphy Premier’s Principal Media Adviser Mr Grahame Searle Acting Chief Executive Officer, Department of Land Information Mr Sean Walsh Premier’s Chief of Staff Ms Lynsey Warbey Senior Policy Officer and Manager, Gordon Implementation Secretariat, Department of Premier and Cabinet CONTENTS GOVERNMENT RESPONSE .................................................................................................... I LIST OF ACRONYMS AND DEFINED TERMS.......................................................................... I LIST OF PEOPLE INVOLVED.................................................................................................. I OVERVIEW, FINDINGS AND RECOMMENDATIONS ...................................................I Recent History of the Lord Street Camp...................................................................... i Pertinent facts disclosed to the Committee................................................................. ii The immediate happenings:....................................................................................... iii The process reaches Parliament...................................................................................v After the Bill passes the Legislative Council............................................................. vi After the Bill became law......................................................................................... vii Findings on the Principal Participants ..................................................................... viii Other Principal Participants....................................................................................... ix FINDINGS ON CRITICAL FACTS .......................................................................................... IX The Community Inspection Audit ............................................................................. ix Recommendation to remove Reserve management from SVNCAC...........................x The Colleen Egan telephone calls to departments ..................................................... xi Keiran Murphy informs the Premier of Colleen Egan’s enquiry............................... xi Premier asks Directors General for information during Other Business ................... xi Directors General give misleading response ............................................................. xi Order to Chief of Staff to solve the problem ............................................................ xii The promise by Keiran Murphy to Colleen Egan of an exclusive............................ xii Failure to check facts relied on later......................................................................... xii The failure to check alternative solutions ................................................................ xiii The speed with which events progressed................................................................. xiii The failure of
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