Senator BOLKUS (6:07 PM) —This is another area in which in the last debate there were a whole range of amendments moved. Once again, most of those amendments were moved by the Greens (WA). The opposition will support most of those amendments. In this respect, we have once again tried to work on and build on the provisions that passed the Senate last year to see if we could actually add to what went through. Our concern last time—and our concern continues to be—was that rep bodies are in fact quite integral to the workability of the scheme. The legislation gives them more responsibility, provides more accountability and, particularly in respect of indigenous land use agreements, the burden will increasingly fall on representative bodies.

We believe that they should be competent and they should be resourced. We also believe that accountability is extremely important in this area and, to a major extent, we support the government's measures for accountability. But we did find problems with the government's position last time, and we are finding them again this time. We believe that accountability should come together with self-determination and, although there should be a capacity for governments at the end of the process to have an override in principle of accountability, in the first instance, there should in fact be accountability directly to ATSIC, with the minister as a last resort.

We also think that the re-recognition process proposed by the government is not well thought out. It does involve a lot of problems. It will mean more work for rep bodies at a time when this legislation will demand from them a lot more work. In fact all stakeholders will demand a lot more work and diligence in a much faster time period from the rep bodies. So there are problems with the government's proposals. These problems go very much to the heart of what representative bodies are all about—they are there to represent the organisations. As I said last time, the degree of accountability imposed on them this time is far in excess of that of any other community or private sector body which is in receipt of funds from government. Our concern is that what the government is trying to do is silence the critics but, knowing Aboriginal people, they will not be successful at that.

As I said, the process has been to try to build on some of the protections retained last year. In respect of the government's amendments, although we support all of those amendments that have been put up by Senator Minchin, we do have concerns with some. In respect of transfers of documents and records, the ALP amendment would ensure that a rep body does take into account traditional laws and customs and does take into account the views of the people they represent when meeting these obligations.

In respect of these specific amendments, I will speak to each of them as they come up. In summary, we support most of the government's amendments but, in respect of some, we have amendments which we will be pursuing.