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Parliamentary Questions


Question On Notice No. 1179 asked in the Legislative Council on 12 April 2018 by Hon Robin Chapple

Question Directed to the: Minister for Environment representing the Minister for Aboriginal Affairs
Parliament: 40 Session: 1


Question

(1) Will the Minister outline the strategic approach employed to resolve the backlog of sites, including the set of criteria to determine which site to give greater priority to be assessed than others, and based on level of risk/threat of damage?
(2) If no to (1), why not?
(3) Is there a program, or will the Minister establish a program, to promote a series of projects to undertake heritage management or thorough recording (in association with key stakeholders, such as industry and universities) to strengthen the relevance and integrity of the Register in accordance with the intent and purpose of the Aboriginal Heritage Act 1972?
(4) If no to (3), why not?
(5) Is there a project, or will the Minister establish a project, to review, record and critically analyse sites, such as Mundee Swamp or similar sites to ascertain the breadth and consistency of Aboriginal belief systems and traditions, with the aim of qualifying and defining the features/criterion for the application of section 5 of the Aboriginal Heritage Act 1972?
(6) If no to (5), why not?
(7) Are there plans to employ a qualified archivist/librarian who is cognisant of the State Records Act 2000 and can organise and assist with the maintenance of hard and digital databases?
(8) If no to (7), why not?
(9) Is the 'AHELP' database completed?
(10) If no to (9), why not and what are the plans to enable the completion?
(11) What has the department undertaken to advance and/or promote the intent and purpose of the Aboriginal Heritage Act 1972?
(12) What outcomes have been delivered that demonstrate protection and preservation of places to which the Aboriginal Heritage Act 1972 applies, in 2016-2017?
(13) What measures is the department taking to ensure the accuracy and integrity of the Register of Aboriginal Sites?
(14) Does the Register of Aboriginal Sites comply with the State Records Act 2000?
(15) If no to (14), why not?
(16) Is the Minister satisfied that a sound policy framework has been developed in relation to section 5b of the Aboriginal Heritage Act 1972 in response to the Chaney ruling?
(17) If yes to (16), why are there 11 of the 35 places still pending?
(18) What is the the expected timeframe for assessment of a place based on averages of places assessed monthly by the Aboriginal Cultural Materials Committee (ACMC)?
(19) How does this compare to the assessment timeframe for the 35 places still pending, and can the discrepancy be explained?
(20) What is the current advice from the State Solicitors Office (SSO) regarding the interpretation of section 5b of the Aboriginal Heritage Act 1972 given that the department previously stated that advice had been sought in response to the Chaney ruling to supersede the Mitchell advice?
(21) Will the Minister table the current advice provided by the SSO?
(22) If no to (21), why not?
(23) In the absence of a specialist Anthropologist either within the department or on the Aboriginal Cultural Material Committee (ACMC), how is the ACMC able to confidently determine significance and importance in relation to section 5b of the Aboriginal Heritage Act 1972, given the Chaney ruling demonstrated the failure of both the department and the ACMC to accurately interpret the Aboriginal Heritage Act 1972?
(24) Will the department and/or ACMC clarify the current criterion used to determine consistency with Aboriginal tradition, in addition to importance and significance in relation to section 5b of the Aboriginal Heritage Act 1972?
(25) If no to (24), why not?
(26) If yes to (24), will the department advise how the criterion were developed, and by whom?
(27) If no to (26), why not?

Answered on 12 June 2018

(1)-(2) The Department of Planning, Lands and Heritage (DPLH) continues to process lodged places for assessment by the Aboriginal Cultural Materials Committee (ACMC) subject to available resources and existing priorities. Potential sites subject to an identified risk/threat are prioritised to progress to the ACMC where considered appropriate.

(3)-(4) DPLH receives new information on existing Aboriginal heritage places and Aboriginal sites regularly and reviews on an ongoing basis the information on the Register to improve its integrity, including undertaking field inspections of sites with Traditional Owners.

(5)-(6) DPLH and ACMC continue to apply section 5(b) of the Aboriginal Heritage Act 1972 in accordance with the decision in Robinson v Fielding.

(7) No

(8) DPLH meets the requirements of the State Records Act 2000 including in relation to the Register of Aboriginal Sites.

(9)-(10) Yes. In addition, DPLH carries out system enhancements on an as required basis.

(11) DPLH continually promotes the Aboriginal Heritage Act and its understanding and intent through ongoing engagement with stakeholders.

(12) DPLH provides funding to Aboriginal organisations through the ‘Preserving Our Aboriginal Sites’ grants program. In 2016-17, funding was provided to 13 organisations to complete works associated with the preservation of more than 22 sites. In addition, DPLH has an ongoing investigation, audit and education program for registered sites.

(13) Refer to parts (3)-(4).

(14)-(15) Yes

(16) Yes

(17) Five places remain to be reassessed. Two are on hold at the request of the Traditional Owners or Representative Body. The remaining three are being progressed.

(18)-(19) The assessment of a place relies on an external consultation and comment process, the timeframes for which vary according to place.

(20)-(22) Any legal advice is subject to privilege.

(23)-(27) DPLH has officers with anthropological qualifications, and DPLH and ACMC ensure compliance with the decision in Robinson v Fielding in relation to the application of the Aboriginal Heritage Act.