Foley, Matt --- "Queensland Proposals" [1981] AboriginalLawB 35; (1981) 1(2) Aboriginal Law Bulletin 10

• Queensland Proposals
• Land Tenure
• Mining
• Local Government
• Administration Of Justice
• Review Process

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Queensland Proposals

by Matt Foley

The Queensland Government Coalition Parties have announced proposals for legislation to replace the Aborigines Act 1971-1979 and the Torres Strait Islanders Act 1971-1979. This followed the Premier's announcement that he was 're-thinking' his stand on Aboriginal land tenure.[1] The Deputy Premier, Dr Llew Edwards, told the Parliament that the proposals did not necessarily represent Government policy, but they are reported to have the backing of several senior Cabinet Ministers.

Land Tenure

The Liberal Party has proposed a system of limited freehold for existing Aboriginal and Island reserves. Sir Robert Sparks, President of the National Party, has proposed a system of 'perpetual leases' for the reserve lands. Freehold title to the land would, on the Liberal proposal, be vested with elected Aboriginal Community Councils of each reserve. The National. Party proposal contemplates the vesting of leasehold title in Councils, or Boards of Trustees or 'other appropriate corporate bodies'. Lands currently gazetted as Aboriginal reserves under the Land Act are held by the Director of Aboriginal and Islander Advancement who is constituted as a corporation sole under s.8 of the Aborigines Act 1971-1979. It is not clear whether the National Party would regard this corporation sole as an 'appropriate corporate body'. The Liberal proposal contemplates the abolition of the Department of Aboriginal and Islanders Advancement. It is proposed that each Reserve Council would have the power to lease reserve land and collect rents.

Mining

The Liberal proposal provides that mining rights would remain with the Crown, with provision for compensation to be paid where mining is permitted. Mining would be banned on registered sacred Aboriginal sites. There is provision for the registration of sites in the Aboriginal Relics Preservation Act 1967.

Local Government

It is proposed that Aboriginal and Island Reserve Councils should be given more autonomy to allow reserves to be run as local shires. Aurukun and Mornington Island are already being administered as shires under the Local Government (Aboriginal Lands) Act 1978.

Administration of Justice

Once the Aborigines Act and the Torres Strait Islanders Act are repealed, there will be no further legislative basis for the operation of the current system of Aboriginal Courts, Aboriginal Police and Aboriginal Gaols. It is proposed that these will be discontinued. This contrasts with the proposals by the Australian Law Reform Commission for the introduction of local control over minor law and order matters in Aboriginal reserves and communities.[2]

Review Process

Unlike the 1977-1979 review of the Acts, this review has not included any request from the Government for a formal report from the Aboriginal and Islander Commission. There have been no public statements from either the Aboriginal Advisory Council or the Island Advisory Council (the Chairmen of Reserves) since August when the Aboriginal Advisory Council urged the introduction of perpetual leasehold.

The Commonwealth Government has responded with alacrity to these proposals. Pressure had been building for the Commonwealth to legislate on Queensland Aboriginal affairs as a result of international concern and as a result of the introduction of the Queensland Aboriginals and Torres Strait Islanders (Self. Management and Land Rights) Bill[3] by Senator Ryan. This Bill has now passed its second. reading in the Senate.

The Queensland Liberal Party has called for the State Government to produce a White Paper incorporating their submissions to enable full discussions with Aboriginal communities. By contrast, the Premier has stated: ‘time is running out but I think that we can formulate our views fairly soon. I would like to have legislation brought down soon.’[4]

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[1] See Brisbane Courier Mail 10. 11. 81, p. 1 and P. Morley and M. Robbins, `Aboriginals Set to Get Indefinite Land Tenure', Courier Mail, 11. 11. 81, p. 1.

[2] See ALRC D. P. No. 17, `Aboriginal Customary Laws - Recognition?' and H. C. Coombs, 'Yirrkala Law Council' (1981) 2(2) Social Alternatives 36.

[3] Discussed by M. Foley, 'Commonwealth Bill on Queensland Aboriginal Reserves' (1981) 6 Legal Service Bulletin 260.

[4] CourierMail 10. 11. 81, p. 1.