5
A human rights-based approach to native title reform
Text Box 5.4: Significant inquiries and reports relevant to land justice and
cultural heritage since 2016 (cont.)
NSW Parliament, Legislative Council, Standing Committee on Social Issues, Review of the
Heritage Act 1977 (October 2021): Chapter 3, ‘Aboriginal Cultural Heritage’, noted significant
stakeholder support for stand-alone Aboriginal heritage legislation, and recognised the
separate parallel process underway, whereby the NSW Government had appointed 13
Aboriginal people with expertise in Aboriginal cultural heritage to provide independent advice
to the Minister on reforming Aboriginal cultural heritage protections. The Committee report
recommended ‘[t]hat, as a matter of priority, the NSW Government progress the reform of
Aboriginal cultural heritage legislation in tandem with the review of the Heritage Act 1977’.
In 2010, the NSW Government commenced a process to reform Aboriginal culture and
heritage laws, and between 2011–2018 a series of government working groups was involved
in consultation, construction of principles and draft legislation. However, as at the time of
publication of this Report, there is still no Aboriginal cultural heritage legislation in NSW.
The Aboriginal Cultural Heritage (Culture is Identity) Bill 2022 (NSW) was a Private Member’s
Bill brought to the NSW Parliament in June 2022. It was an comprehensive attempt to develop
a new framework for the recognition, protection and conservation of Aboriginal cultural
heritage in NSW. A key reform proposed was the establishment of an Aboriginal Cultural
Heritage Council comprised of Aboriginal people that was to have the ‘ultimate say on
whether or not a site, object or remains of Aboriginal heritage may be altered, damaged, or
destroyed’. The Bill lapsed in February 2023.
C Dalley and D Romano, Women in Native Title Anthropology (WiNTA), Alfred Deakin
Institute for Citizenship and Globalisation, Deakin University, Discrimination and GenderBased Harm: the Experiences of Women Anthropologists in the Native Title Sector. Report
to the Attorney-General’s Department (October 2021): reports findings of a qualitative study
of women anthropologists’ experiences in the native title sector. The study explores issues
relating to discrimination, career progression, recruitment, retention, pay inequity, safety,
abuse and threats of violence, sexual harassment and assault. The background was an ongoing
concern about the lack of knowledge and expertise among native title anthropologists, often
framed as an issue of ‘career progression’, but largely ignoring the conditions of gender.
Parliament of Australia, Senate Standing Committees on Finance and Public Administration,
Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021,
Final Report, (November 2021): inquired into the proposal (since implemented) to establish the
Northern Territory Aboriginal Investment Corporation in the Northern Territory. The Commission
made a submission to this Inquiry, noting concerns regarding the potential negative impact on
the free, prior and informed consent of Northern Territory Traditional Owners.
Parliament of Australia, Senate Legal and Constitutional Affairs References Committee,
Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous
Peoples in Australia, Progress Report (June 2022): The Committee received 92 submissions
but the progress report noted that the 2022 federal election resulted in the inquiry not being
completed. The Senate subsequently referred the inquiry to the Joint Standing Committee on
Aboriginal and Torres Strait Islander Affairs, which reported in November 2023 (see below).
Australian Human Rights Commission
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