Brennan, Frank; Aboriginal Law Bulletin --- "Queensland Changes" [1986] AboriginalLawB 64; (1986) 1(23) Aboriginal Law Bulletin 8

• Queensland Changes
• Consultation Document Number 12, Community Services (Aborigines) Act Amendment Act 1986
• Timber And Quarry Rights
• Financial Accountability
• Aboriginal Courts
• Aboriginal Co-Ordinating Council
• Matters Still Requiring Attention
• Land Act Amendment Act (No. 2) 1986

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Queensland Changes

Frank Brennan is a busy Jesuit priest who when not writing consultation documents for Aboriginal communities in Queensland is reportedly supplying Pope John Paul II with briefing papers, on the situation of Aboriginal Australia, for the Pontiff’s speeches in Alice Springs.

The Aboriginal Law Centre has a collection of Frank Brennan's various papers; called 'consultation documents' and below is an outline of the more recent ones. These are available on request from the ALC.

In June 1984, Frank Brennan issued Consultation Document No. 9 'The New Laws', a summary of the Land Act amendments and the Community Services (Aborigines) Act 1984. Since then, the Queensland Parliament has passed the Liquor Act and Other Acts Amendment Act 1985. the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 (see Consultation Document No. 101. the Land Act Amendment Act (No. 2) 1986 and the Community Services (Aborigines) Act Amendment Act 1986). Consultation Document No. 121. The Governor in Council has made the Community Services (Aborigines) Regulations 1985 and the Aborigines and Torres Strait Islanders (Land Holding) Regulations 1986 and issued deeds of grant in trust for Hopevale and Cherbourg (see Consultation Document No. 11).

Document thirteen is a summary of the laws now applicable to the Queensland communities. It follows the same outline as Consultation Document No. 9, permitting comparison and assessment of the progress made. Fortunately there has been some progress-but there is room and need for more. Below we reprint Consultation Document Number 12, Community Services (Aborigines) Act Amendment Act 1986:

Consultation Document Number 12, Community Services (Aborigines) Act Amendment Act 1986

This Act corrects a number of obvious errors in the original Act which was rushed through Parliament in an all-night sitting of Parliament in April 1984. It also makes some policy changes to the original Act. These changes are generally for the better.

Timber and Quarry Rights

Councils and community members are now entitled to use timber and quarry materials on their land. They may be used for any purpose, subject to Council by-laws, provided that they are not sold. Sale for profit would require the usual permits and royalty payments (s. 77).

Financial Accountability

Council chairmen are required to provide the Minister with monthly statements of receipts and disbursements with respect to each fund operated by a Council until May 1987. Thereafter, they must provide quarterly statements. Also they must provide annual statements for the year preceding on or before 1 March (s. 31). The annual statement is to be certified by the Auditor-General. (s. 32(3))

Aboriginal Courts

Councillors can constitute a court if 2 resident Aboriginal JP's are not readily available. (s. 43)

An Aboriginal Court has the power to decide that any matter is one 'rightly governed by the usages and customs of the community'. So deciding. the, court may hear and determine the matter if it is one not involving any Commonwealth or State law. So the court can deal with domestic and community matters as it sees fit (s. 42).

Aboriginal residents who breach Council by-laws are dealt with by the Aboriginal Court. Public servants, their households, and visitors who breach by-laws must be dealt with by a Magistrates Court. (s. 44).

Aboriginal Co-ordinating Council

This Council is to take on a higher profile having two members from each community Council including the Chairman. In their place, they can send other Council members as delegates (s. 47).

Federal-State co-operation is now recognised as a reality in this area. The ACC now has the power to advise both the State and Commonwealth Ministers on matters affecting them.

The ACC now has the power to conduct businesses and to receive funds. It, rather than the Aboriginal Industries Board, presumably will have the 'say' and power over statewide Aboriginal enterprises. It has the power to employ its own staff, etc. So it can now become more self-reliant and independent from government in its task as the representative body for the larger Aboriginal communities of Queensland. (s. 48).

Matters Still Requiring Attention

(1) For the purposes of the Mining Act, DOGITS are treated as reserves and so covered by Part V of the Mining Act 1968 rather than by the more protective provisions of Part XII relating to mining on private land. DOGITS for communities ought be classified as private land thereby allowing the exercise of the usual veto by the landowner in relation to 'improved land' and affording the protection of the mining warden in other circumstances (see especially ss. 108, 114, 118 Mining Act).

(2) The lease provisions required by s. 1512) of the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 are unduly onerous and unsuited to fixed term leases. Provisions similar to s. 25. Residential Tenancies Act are more suitable (see Hansard, 11 April 1985. pp. 5266-7, 5271-2).

(3) Compensation for land resumed by the crown from a DOGIT ought include compensation for the value of the land resumed as well as improvements (s. 358, Land Act).

(4) The new s.164(4) of the Liquor Act requires amendment to allow a Council to make application for a licence or permit for itself, rather than just on behalf of another.

Land Act Amendment Act (No. 2) 1986

This Act permits the addition of new areas to a deed of grant in trust by government without the need for further action by Parliament. As DCS phases out, land reserved for DCS staff houses and operations can now be included in a deed by ministerial action. Additional lands could also be granted to communities under the one deed.

Introducing the Bill, The Minister for lands said:

There has been much talk over the past decade of Aboriginal and Islander land rights. This Government has received a lot of criticism for its perceived lack of action.

However while other governments have criticised and talked, the National Party Government of this State has acted with compassion and understanding.

It has issued grants in 16 cases, and has nearly completed work on the remainder of the initial grants of freehold-title in trust, to the established Aboriginal and Island Councils of Queensland, over their present reserved lands.