Labor’s rushed Aboriginal Cultural Heritage Bill 2021 defies accountability and consultation

Vince Catania Countryman/The West Australian
Protestors against the WA Government's Aboriginal Cultural Heritage Bill gather on the steps of WA Parliament in August.
Protestors against the WA Government’s Aboriginal Cultural Heritage Bill gather on the steps of WA Parliament in August. Credit: Gabrielle Timmins/Kimberley Land/Gabrielle Timmins/Kimberley Land

Something big happened in Parliament late last year that you need to be aware of.

An extremely significant piece of legislation was rushed through Parliament in the last week the Legislative Assembly sat for the year.

It was the Aboriginal Cultural Heritage Bill 2021, pushed through by the McGowan Labor Government’s huge numbers.

This abuse of power by Labor is unsurprising – we have already seen complex legislation treated urgently when there was no need.

Case in point is the legislation that will rip regional representation from State Parliament after the next election.

That was rushed through, with a gag-order cutting off debate, preventing the people of Western Australia the opportunity to voice their opinions, and preventing the Opposition from applying appropriate and detailed scrutiny.

Now, this contempt by Labor for proper process, accountability and consultation has been repeated.

The Opposition was given just one day’s notice about this substantial Bill before it was introduced to the Lower House, and before the Government forced an urgent debate.

The Bill has 353 clauses and is 259 pages long.

There was no real opportunity to read, digest or scrutinise this important legislation.

More importantly, there was no chance to consult with stakeholders and the people we are elected to represent.

So why is the legislation important – and why is the way it’s created just as important?

Preserving and protecting Aboriginal cultural heritage is critically important — first and foremost for traditional owners and Aboriginal people, but also for every Australian of this generation and into the future.

In the wake of the Juukan Gorge tragedy, and years of Aboriginal people being sidelined in vital discussions and decisions directly related to their cultural heritage, it is vital the outdated 1972 legislation being used is updated.

The Labor Government claims they have consulted widely with Aboriginal people and provided as ‘evidence’ the tally of the number of meetings held and briefings provided.

Cultural decision makers want to work together with government and industry, but some have been left disappointed, without adequate consultation or opportunity to co-design and contribute to this complex piece of legislation.

We are told it was not a consultation model designed in partnership with stakeholders.

There is concern that the Government’s method of ‘consultation’ did not recognise the authority of Aboriginal Elders to speak for their country, nor recognise the systems of cultural authority and decision-making utilised by Aboriginal people that have been employed for thousands of years.

In the limited period we have been given to consider the new laws, we have noted the following:

• The final decision on any dispute between applicants and Aboriginal people rests with the Minister.

• The members of the heritage council will be selected by the Minister.

• Property owners with over 1100 square metres (freehold land and Crown land) will be subject to the new law.

• Significant administrative and management requirements for newly created Local Aboriginal Cultural Heritage Services (LACHS) will be created.

• Significant new penalties for individuals and companies who breach the law will be created, including possible jail time.

• Newly created inspectors will have the power to enter a property or stop a vehicle and seize or open any package while conducting an inspection.

• The findings of the comprehensive review into the Juukan destruction were not considered.

• There has been a lack of consultation with local governments, farmers, pastoralists, landowners, and Aboriginal Traditional landowners.

Will this new Bill prevent another Juukan Gorge destruction? I don’t believe so. Under the old legislation, it was the Minister who held ultimate decision-making authority and approved the destruction of these ancient structures. Under the new Bill, the Minister remains the authority to decide if a heritage site will be protected or destroyed.

When it came to other matters, the Minister’s response to questions were obstructive, bordering on hostile, and revealed that most of the detail would be worked out through regulations at a later date.

This means the rules and regulations binding West Australians to these laws have not yet been defined, examined or critiqued – and will not be subject to parliamentary scrutiny.

Under the previous Minister for Aboriginal Affairs, there had been considerable effort made to work with the Opposition in a bi-partisan way on this important legislation – sadly that has evaporated from Labor ranks since the election.

This was an opportunity to work together, unite communities with robust and meaningful dialogue.

It is now a missed opportunity by a Government not prepared to listen to the people this will impact the most and afford them the level of respect they deserve.

If the McGowan Government had confidence in their legislation, they’d have followed due process in Parliament and allowed the Bill to progress in normal timeframes.

Instead, they have once again thrown about their weight of numbers and played politics with what is an incredibly sensitive and important piece of legislation which affects everyone.

I encourage you to find out more and read the available information.

Visit the Aboriginal Cultural Heritage Bill website and learn what these new laws mean for you.

You may or may not be aware that the McGowan Government again used their majority and rammed the new legislation through the Upper House in the last week of Parliament, choosing to ignore calls from the Opposition representing concerned constituents for more time to consider changes.

Surely this could be seen as an abuse of power, not to mention a lack of regard for the people?

Vince Catania is the shadow Aboriginal Affairs Minister and a Nationals MP