First Nations Voice Bill
Tuesday 7 March 2023
Ms CLANCY (Elder) (17:13): I rise in very strong, excited support for the First Nations Voice Bill. I acknowledge that I stand on the land of the Kaurna people, on stolen land, I acknowledge that sovereignty was never ceded, and I pay my respects to elders past and present, as well as future leaders.
I feel an incredible weight on me today as I stand in this place to speak on this historic bill. I feel the weight of responsibility—heavier than that of every other day, and that one is still pretty heavy—the responsibility to contribute to this incredibly important debate in a meaningful way, and the responsibility to be part of a government that makes meaningful change for our First Nations people. It is a great responsibility and it is also a great privilege.
A few weeks ago I stood in the other place and watched my friend the Minister for Aboriginal Affairs, the Hon. Kyam Maher, introduce this bill into parliament for the first time. I stood tucked away by a wall down the President's end of the other place, and I kept getting told I needed to move further back because the joint was packed. I am glad I was back there because it meant that the Public Gallery and what I presume is called the President's Gallery were filled with members of the Aboriginal community.
I cried with joy and of pride as I watched my bloody excellent friend make history—my friend who is so deeply committed to improving the lives of Aboriginal and Torres Strait Islander people, my friend who is committed to ensuring Aboriginal people succeed, and my friend who is committed to Closing the Gap. As I walked out of there, I said to the members for Gibson and King through very happy tears, 'This is what we got elected for.'
I truly believe that through establishing a Voice to our parliament, we are helping to facilitate real and meaningful change, positive change that will be felt by generations. Almost six years ago in May 2017, 1,200 people gathered at Uluru to set the way forward for Aboriginal people. There the Referendum Council handed down its final report that endorsed the Uluru Statement from the Heart and its call for Voice, Treaty, Truth.
In 2019, our now Premier, Peter Malinauskas, alongside our now Minister for Aboriginal Affairs and Reconciliation, Kyam Maher, made the commitment to deliver a state-based Voice to Parliament—our first election commitment. Since our election, the government has been consulting with Aboriginal communities about what they wanted to see from the Voice, what it should look like and how it should work.
In July 2017, the government appointed Kaurna Narungga Ngadjuri and Ngarrindjeri man Dale Agius, an excellent bloke, as the state's inaugural Commissioner for First Nations Voice. From August to October last year, the commissioner undertook extensive consultations across our beautiful state. This included more than 30 in-person engagement sessions in metropolitan Adelaide and across regional and remote South Australia. The commissioner spoke with around 450 people across these sessions and received a wide range of feedback.
This first engagement round led to the publication of the first Engagement Report. What the commissioner heard from First Nations people was that they wanted a direct Voice to the South Australian parliament, the Voice to represent the diversity of the South Australian First Nations communities, including nation group diversity, gender, youth, LGBTQIA+ people, and direct access to government decision-makers including cabinet and chief executives.
Following the publication of this report and based on the feedback from these consultations, the government released the draft First Nations Voice Bill 2022. The bill was published on the YourSAy website for public feedback and the commissioner commenced a second round of in-person consultations. Following the second round of consultations, the Stage 2 Engagement Note was developed. The note made several recommendations to government, all of which are reflected in the final version of the bill that is before us today.
This bill is the work of many, and I thank Commissioner Agius, the Minister for Aboriginal Affairs and Reconciliation, department staff and every single First Nations person who took the time to contribute to this consultation process. 'Thanks' does not feel sufficient for the monumental contribution you have made to our community, our state and our country.
The Voice will be directly elected by First Nations people within each region. What those regions look like is yet to be determined (the final regions) but once established an interim election will be held. The inaugural First Nations Voice members will hold office until the 2026 state election and from then on the Voice elections will be held at the same time as our state elections. The Voice is designed to have gender balance. It is expected that each Voice will have an odd number of members to be prescribed by regulation, which will include at least half rounded down to be men, at least half rounded down to be women and the remainder to be a person of any gender.
To be eligible to vote in a First Nations Voice election, a person must be an Aboriginal or Torres Strait Islander person. This test is set out at clause 4 of the bill, which reflects the tripartite definition outlined by Justice Brennan in the Mabo decision of the High Court. The three elements are to be a descendant from pre-European settlement, self-identify as Aboriginal and be accepted by the Aboriginal community. This definition has been subsequently used by governments across the country, including the South Australian government, in a range of policies and legislation.
To vote, a person must be enrolled on the electoral roll, the same roll that is used in state and federal elections, and complete a declaration that they are an eligible First Nations voter. A First Nations person can then nominate for a Voice either in the region in which they are enrolled to vote or in the region in which they are a traditional owner, even if they are enrolled elsewhere to vote, but a person can only vote in the region in which they are enrolled to vote.
There are some people who have questions about why it is First Nations people who need a Voice to Parliament more than any other group. I think the Minister for Aboriginal Affairs answered that question beautifully when he said on 891 recently:
…there's no other group who has inhabited the land that we all live on today for tens of thousands of years, has had that land taken without their permission…and the consequences that we see some generations on now from that are very present and I think that's a huge distinguishing factor that means this is not an unreasonable proposition or view to take.
We cannot ignore the immeasurable trauma that colonisation has had on our First Nations people. Our First Nations people cared for and lived on this land for tens of thousands of years. When their home was invaded they faced violence, massacres, sexual assaults, displacement from traditional lands, relocations to missions and reserves, introduced diseases and the removal of their children and, conversely, the removal from their families and the injustice and horror just seems to continue.
Today, the gap between Indigenous and non-Indigenous Australians' life expectancy is around nine years for males and eight for females. The death rate for endocrine, nutritional and metabolic diseases for Indigenous Australians is around 3½ times higher than for non-Indigenous Australians. The death rate for chronic obstructive pulmonary disease is around three times higher than for non-Indigenous Australians. The rate of deaths among Indigenous children aged zero to four is around twice as high as the death rate of non-Indigenous children.
The death rate for Indigenous infants is around twice as high than for non-Indigenous infants. Around 60 per cent of deaths of Indigenous people aged zero to 74 are from avoidable causes. Indigenous Australians die from avoidable causes at around three times the rate of non-Indigenous Australians. Indigenous Australians are around four times more likely to have utilised the access to allied psychological services program than non-Indigenous Australians.
In 2018-19, 31 per cent of Indigenous adults lived in households that were owned or being purchased by a household member, 34 per cent rented through social housing and 33 per cent rented privately. For non-Indigenous adults, 68 per cent were homeowners, 42 per cent rented privately and only three per cent rented through social housing. Indigenous Australians are around 3½ times as likely to be living in overcrowded housing than non-Indigenous Australians. The 2016 census found that Indigenous Australians accounted for one-fifth of the homeless population.
Between 2009 and 2017, the rate of Indigenous children across Australia who were the subject of a substantiated child protection notification increased from 28 per 1,000 children to 42 per 1,000 children. The rate for non-Indigenous children also increased during this period, but from 5.3 per 1,000 to 6.8 per 1,000 children. In South Australia, 29 per 1,000 Indigenous children were subject to a substantiated child protection notification, while the rate for non-Indigenous children was three per 1,000 children.
As of 2017, in South Australia the rate of Indigenous children on care and protection orders was 71 per 1,000 while the rate for non-Indigenous children was seven per 1,000. As of 2017, in South Australia the rate of Indigenous children in out-of-home care was 69 per 1,000 while the rate of non-Indigenous children was seven per 1,000.
In 2021 the rate of imprisonment amongst Indigenous adults was around 14 times the rate of non-Indigenous adults, and Indigenous young people represented about 46 per cent of all young people under youth justice supervision. Devastatingly, I could just keep going on and on. The gap we speak about could better be described as a gaping chasm.
The Voice is about looking for solutions to overcome some of these deeply entrenched problems and inequities, and for government to develop effective solutions Aboriginal people need to be at the table, because for programs or services to truly benefit Aboriginal people Aboriginal people need to be involved in the development of them, and in the decision-making process.
This bill gives the opportunity for our First Nations people to provide advice to the highest levels of government. The State First Nations Voice is required to elect joint presiding members who will be the primary conduit for the Voice to Parliament. The Voice must provide a written annual report to parliament and address the parliament annually through one of its joint presiding members on this report.
The Voice will also have the right to speak in either the House of Assembly or the other place on any bill, through one of its joint presiding members. To achieve this, the Clerk of each house must notify the Voice of every bill that is introduced. The Voice may also provide a report to parliament on any matter in the interests of First Nations people. Similarly, either house of parliament may request such a report from the Voice, although the Voice is not required to provide one if asked.
As I have just outlined, the Voice will be able to provide advice directly to parliament, but it will also be able to provide direct advice to the cabinet and chief executives of government departments. At least twice a year cabinet must meet with members of the State First Nations Voice and at least twice a year the Premier must bring about a meeting between the State First Nations Voice and the departmental chief executives they would like to meet with.
Every year an engagement hearing will be held where the joint presiding members of the State Voice will be able to ask questions of ministers and chief executives on their operations, expenditure, budget and priorities as they relate to First Nations people.
This bill today is a very important step, and I am proud to play a teeny, tiny part in this historic moment. Bring on Treaty and Truth next. I commend the bill to the house.
