Aboriginal Way Apology Breakfast - South Australian Native Title Services
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Issue 62, Autumn 2016
Aboriginal Way A publication of South Australian Native Title Services
Apology
Breakfast
Archie Roach honours the Stolen Generations
at this year’s Apology Breakfast, Adelaide.
Full story and more photos on page 9
Aboriginal heritage out of our hands?
A Bill by the Aboriginal Affairs The deleted section of the Act was one powers to the traditional owners whilst
Minister Kyam Maher to amend of the key provisions for Aboriginal the Department was secretly working to
the Aboriginal Heritage Act 1988 people which in 1988 was celebrated as amend the Act to render the orders void
was rushed through Parliament last giving Traditional Owners the mechanism and with no effect,” Mr Thomas said.
month without the support of key to protect and preserve their heritage.
Andrew Beckworth, SANTS Principal
bodies representing the interests It had recently been successfully used
Legal Officer said “the amendments
of Aboriginal people in this State by Traditional Owners to overturn the
including South Australian Native to the Act seemed to be directed to
former Aboriginal Affairs Minister Grace
Title Services (SANTS), the Aboriginal remove the most beneficial provisions
Portelesi’s decision to authorise mining
Legal Rights Movement and the Law for Aboriginal people in the Act,
companies to destroy heritage sites
Society of South Australia. coupled with a new regime to make it
on Lake Torrens.
easier for developers and the mining
The Act was amended on 24 March Keith Thomas, SANTS CEO said “it was industry to damage, disturb or interfere
2016 after passing through both houses clear that the Bill was rushed through with Aboriginal heritage without the
of Parliament. At the time of writing Parliament to remove these sections of free, prior and informed consent of
the principle amendment that has the Act and to avoid having to comply Aboriginal people and without the fear
taken effect is the deletion of section with Court orders. After the Government Aboriginal Affairs Minister Kyam Maher. of prosecution.”
6(2), which was the requirement for failed to receive special leave to
the Minister of Aboriginal Affairs and “It is extremely disappointing that The mining industry lobby group
appeal that decision to the High Court
Reconciliation to delegate certain powers after three years of trying to get the SACOME stated that “the repeal of the
of Australia, Minister Maher has now
or functions to the Traditional Owners. Government to comply with the orders requirement for the Minister to delegate
legislated his way out of complying with
of the Court this is where we end up.” to Traditional Owners his functions to
All other amendments have not the orders of the Supreme Court to give
give authorisations under the Act is
commenced and will not be incorporated the Traditional Owners of Lake Torrens “We have been trying to negotiate with
particularly welcome.”
into the legislation until regulations and the responsibility for making decisions the Department of Aboriginal Affairs
guidelines have been finalised. about their heritage.” about the delegation of the Minister Continued on page 3
Inside: New Board members for SANTS 4
New group to give voice to Stolen Generations
in South Australia 8
What does 26 January mean to you? 12
What do changes to the Aboriginal Heritage Act
mean for “agreement making” in South Australia?
A view from Paper Tracker’s a ‘Scoping Paper’ and accessible This may have implications for the 2011 This Committee, which is central to
Susan Tilley consultation documents, community Starkey v State of South Australia [2011] agreement-making processes about the
and peak body consultations were SASCFC 164 case. In this important protection of heritage, has been given
On 22 March 2016, having passed held across the State, and a public case, the Full Court of the Supreme significant powers and responsibilities.
through the Legislative Council, call for submissions received 36 Court of South Australia found that the Not only can it approve or refuse an
the House of Assembly agreed submissions. This level of consultation Government had acted in breach of this application from a body to become
to the Aboriginal Heritage is commendable and is not in doubt. imperative that requires the Minister a RARB based on ‘any reason the
(Miscellaneous) Amendment Bill for Aboriginal Affairs to delegate his Committee thinks fit’, it may revoke or
2016 to amend the South Australian However, what is in question is the or her powers to Traditional Owners suspend the appointment of a RARB, and
Aboriginal Heritage Act 1988. This extent of consultation on the recent if they request this delegation. The Court is also required to play a mediating role
Bill arose out of a Review of the amendments – which were introduced ordered that the Minister confer with the between parties and undertake dispute
Aboriginal Heritage Act that was into Parliament after a very long break applicants concerning the delegation resolution functions.
established in 2008 by the then in the Review process. request. It is unclear what effect the
The Minister for Aboriginal Affairs
Minister for Aboriginal Affairs and changes contained in the recent Bill might
The Minister told the Paper Tracker and Reconciliation, has a range
Reconciliation, Mr Jay Weatherill. have on the Government’s obligations in
Radio Show on 12 February 2016 that of new powers under the amended
the Bill was not finalised and yet, within this case.
The Minister for Aboriginal Affairs and legislation. For starters, the Minister has
Reconciliation, the Hon Kyam Maher the space of two weeks it was introduced Under the amendment Bill, Recognised responsibility to appoint the members
MLC, has said that the focus of the to Parliament on 25 February, leaving Aboriginal Representative Bodies of the SA Heritage Committee which
amendments was on ‘agreement making’. very little time for adequate consultation (RARBs) are to be set up to represent has significant powers. In addition, the
Given this, it’s ironic that the Minister did with either Traditional Owners or other the views and knowledge of Traditional amended Act now gives the Minister
not adequately engage with Traditional members of Parliament. Owners of the relevant heritage area. the following powers:
Owners, Heritage Groups and Native Title
While the ‘consultation debate’ is • to require the RARBs to carry out
Prescribed Body Corporates (PBCs) to
obtain their agreement and support for
important, it does also provide a useful …far from devolving ‘other functions’ assigned to it by
the latest version of the legislation.
smokescreen and distraction from the
decision making and the Minister;
critical aspects of the amendment Bill
One has to wonder about the rush – the dilution and deletion of important agreement making to • the Minister may, on application or on
his or her own motion…revoke the
to get this Bill through Parliament aspects of the existing legislation Traditional Owners, the appointment of a RARB for any reason
and the critical timing of this. South that enable agreement making and
Australia is currently facing a number negotiation by Traditional Owners.
amended legislation he or she thinks fit;
of contentious developments that may
So, what is the Bill saying about
hands significant • a local heritage agreement does not
significantly impact on Aboriginal land have effect until it has been approved
and on the protection of heritage, such
‘agreement making’? powers to the Minister by the Minister;
as the consideration of potential sites The key provisions for ‘agreement and the appointed • …determine whether or not to
for a nuclear waste dump, and the making’ across the existing Act and Heritage Committee… approve a local heritage agreement;
development of the Northern Connector recent Bill focus on changes to Section
Road Project, among others. 6.2; the establishment of Recognised • may, on application or on his or her
Section 19B states that Anangu
Aboriginal Representative Bodies own motion…approve an agreement
Was the motivation driven by the need Pitjantjatjara Yankunytjatjara will be
(RARBs); the scope and role of the State referred to in section 19M (which
to have the seemingly constraining taken to be the RARB for the APY Lands;
Aboriginal Heritage Committee (SAHC); applies to agreements affecting
Aboriginal Heritage Act out of the way Maralinga Tjarutja will be taken to be the
and the powers of the Minister for Aboriginal heritage under other Acts,
to enable these and other developments RARB for the Maralinga Tjarutja Lands,
Aboriginal Affairs and Reconciliation. both Federal and State);
to proceed unhindered? and a registered Native Title Prescribed
Body Corporate (PBC) will be taken to be • revoke or suspend an approval under
This is a very sad day for Traditional Section 6.2 of the existing Act
the RARB under the relevant Native Title section 19N for any reason he or she
Owners and for the protection of states that:
determination for that area. However, the thinks fit.
Aboriginal heritage into the future. ‘The Minister must, at the request of the latter is conditional on the SA Heritage
So, far from devolving decision making
It appears to be a triumph for developers traditional owners of an Aboriginal site Committee approving the Native Title
and agreement making to Traditional
and mining interests who have the or object, delegate the Minister’s powers PBC being recognised as a RARB and
Owners, the amended legislation hands
benefit of the power differential on their under sections 21, 23, 29 and 35 to the the Committee ‘may refuse to approve
significant powers to the Minister and the
side when it comes to engaging with traditional owners of the site or object’. an appointment for any reason the
appointed Heritage Committee and could
Traditional Owners and who, in many Committee thinks fit’.
These sections of the Act relate to the effectively relegate the RARBs to being
cases, will effectively have carte blanche authorisation to damage, disturb or Effectively the Heritage Committee has toothless tigers.
to ride rough shod over heritage sites in interfere with Aboriginal sites, remains the power to override and veto the Native
the interests of ‘economic development’. At the same time, it allows the Minister to
or objects. Title PBC taking on the role of a RARB.
relinquish those sections of the Act which
By inference, the SA Heritage Committee
All the while, tacitly sanctioned through The amended legislation deletes this cause discomfort and potential conflicts
can veto the Federal Court of Australia’s
the Government’s rejection of its all-important provision, which previously of interest when deciding whether to
determination of Native Title, where a
responsibilities to protect Aboriginal allow the damage or destruction of
gave Traditional Owners a powerful Native Title PBC wishes to represent
Heritage and lip service to the devolution Aboriginal heritage.
tool to make decisions and enter into the protection of heritage within its
of ‘agreement making’.
agreement-making about protecting determined area.
When asked about consultation with their heritage.
The State Aboriginal Heritage Hear Minister Kyam Maher’s
Aboriginal people over changes to the comments on the Aboriginal
If the Minister was serious about Committee (SAHC) is established under
Act, the Minister argued on the Paper Heritage Act to Paper Tracker
agreement making, why has this the Act. Members are appointed to this
Tracker Radio Show that extensive
remaining potent aspect of Aboriginal Committee by the Minister for Aboriginal Program 219:
community consultation had taken place,
decision-making under the existing Affairs and Reconciliation to represent The Aboriginal Heritage
even to the point of ‘falling into the trap
Act been written out? the interests of Aboriginal people (Miscellaneous) Amendment
of over consulting’.
throughout the State in the protection Bill 2016
The new amendments to the Act, in the
The extent of consultation during the and preservation of the Aboriginal
Schedule 1 – Transitional Provision states Program 214:
early phases of the Review of the Act heritage. This Committee is not elected
that all existing S6.2 requests now: Minister Maher – Update Part 1
in 2008 and 2009 is not in question. and does not necessarily or automatically
Aboriginal Affairs and Reconciliation ‘will be taken to be void and of no effect’ speak for the interests of Traditional papertracker.com.au
provided information in the form of and/or ‘be taken to be revoked’. Owners across the State.
2 Aboriginal Way, Autumn 2016
Aboriginal heritage out of our hands?
Continued from page 1 looking to develop and exploit our Minister Maher rejected claims Aboriginal consulted with for almost a decade
resources with absolute certainty about groups had not been consulted over now and one thing has been consistent,
Mr Thomas noted that “over the last
who to consult with. Rather than work proposed changes. Aboriginal people want to be at the
15 years there have been a number of
with and empower these bodies, this Act forefront of protecting their heritage,”
moves by State Government to amend
will potentially undermine their authority by “Possible changes to the Act have been said the Minister.
the Aboriginal Heritage Act. Some have
appointing other bodies to make decisions
been undertaken in a participatory
for their country,” Mr Thomas said.
fashion which has given the Aboriginal South Australian Native Title Services (SANTS) opposed the changes to the
community some hope that their rights Tammy Franks MLC on behalf of the Aboriginal Heritage Bill as it:
and interests will be upheld.” Greens opposed the Bill when it was
• Was not subject to consultation with Aboriginal community in its current form
“This flies in the face of what previous presented to Parliament.
and was not put before Parliament with the support of Aboriginal people;
governments or Ministers have attempted “It seems to me that this government
and does so without any respect for the • Does not improve the level of protection and preservation of Aboriginal
has a tendency to show disrespect to
primacy of Aboriginal people’s voices and heritage, which is the basis of the Aboriginal Heritage Act;
Aboriginal people’s rights, because it
their rights and interests in managing seems that time and time again this • Removes the ability for Aboriginal people to require the Minister to delegate
and protecting Aboriginal Heritage. This place is asked to rush through pieces of his or her powers;
is against the United Nations Declaration legislation on Aboriginal affairs without
on the Rights of Indigenous Peoples,” • Legislates to provide a potential avenue for native title holders to be
proper process,” she said.
said Mr Thomas. The Act will also prevented from exercising and managing their determined native title rights
eventually allow the Minister to appoint Aboriginal Affairs Minister Kyam Maher and creates further doubt in who ‘speaks’ for Aboriginal heritage;
a Recognised Aboriginal Representative told the ABC that proposed amendments
• Affords agreements negotiated in different legislative contexts a false
Body to consult on heritage issues. would not change the level of protection
status in regard to the level of Aboriginal heritage protection while removing
According to SANTS, this will create Traditional Owners currently had over
statutory safeguards;
confusion and undermine the role of the their heritage.
already legally constituted native title • Removes the ability for the prosecution of people damaging, disturbing or
“The level of protection that’s been
Prescribed Body Corporates. interfering with sites, objects or remains in many circumstances;
provided by nearly 30 years of the
“Much of South Australia is now subject Aboriginal Heritage Act will remain,” • Legislates out of the Government’s compliance with the Full Court Supreme
to determinations of native title, which he said. “We’re not taking away any Court orders in the matter of Starkey v State of South Australia.
provides the Government and those level of protection.”
Aboriginal Way, Autumn 2016 3A new chapter for SANTS
South Australian Native Title Services “We have made some tough decisions “The new structure is designed to
has recently undergone a major and implemented changes this financial make sure all areas of expertise within
restructure due to funding constraints. year to ensure we are able to continue SANTS is working together to fulfil our
to fulfil our obligations under the Native client’s needs.”
Over the past 6 months the organisation
reviewed its organisational structure to Title Act to assist our clients to obtain “We exist to support native title groups
ensure a more efficient business model and maintain their native title rights and we will continue to do this with all
and to guarantee ongoing financial, and interests.” our capacity.”
legal and logistical assistance for native
“We have a clear approach to our “On a more personal note, it was hard to
title groups.
operations moving forward,” he said. see people who have been working with
Keith Thomas, South Australian Native us for many years leave SANTS. I wish
Title Services CEO said it has been SANTS realigned its organisational them all the best, and I hope their skills
a difficult time but is positive the structure to include three main areas; and experience gained whilst working
organisation will continue to delivery Legal, Corporate and Community here will assist them with their future
its services well into the future. Development and Business Services. endeavours,” he said.
New Board members for SANTS
SA Native Title Services is pleased taking things in and absorbing and aspirations in sport and employment and
to welcome two new Board members being a part of that,” she said. the program helps create both a passion
following the Annual General for sport and learning.
Ms Ngatokoura is looking forward
Meeting in November 2015.
to contributing to native title work in “My interest is in working with young
Lavene Ngatokorua joins the Board of South Australia through her involvement Aboriginal students to complete SACE and
SANTS as Deputy Chair and Damien on the SANTS Board. to prepare students for life after school in
Coulthard joins as a Director. Both bring further education or the work force. I also
valuable experiences and expertise to have a great passion for sport and enjoy
the organisation and the important
“I like talking to the working with young students to achieve
work in native title services. elders there, when you their sporting aspirations.”
Lavene Ngatokoura go back on country and Damien believes that the SAASTA program is
a valuable learning tool for young Aboriginal
Deputy Chair you listen to the older students in South Australia. The program
Lavene Ngatokoura is Youth and people and how their allows students to reconnect and strengthen
Children’s Coordinator at Davenport ties with culture, community and family Lavene Ngatokoura.
Community and CEO of that community stories go…” as well as giving students the opportunity
in a voluntary capacity. She’s a to develop important knowledge and
Wangkangurru, Adnyamathanha, Kwiani, “I come with a freshness, I’ve been on
understanding in various career pathways.
Luritja woman from Davenport. the other side, I haven’t seen what – you
hear about SANTS and what they do but At the end of the 2015 school year
Davenport is a proud Aboriginal community they really have no idea what it entails Damien had the opportunity to attend the
located 300km north of Adelaide. The until I get started. I believe I would give Port Adelaide Football Club and SAASTA
community was known as Davenport it a voice, from my own perspective and Aboriginal AFL Academy trip to China.
Reserve before it formed its own what I’ve been taught, which is what is Those that were successful in their SACE
Aboriginal community council in 1973. the foundation that makes us, what do participated in a cultural school exchange
Ms Ngatokoura took on the demanding we learn from our elders, what do we program with international students. They
voluntary role of CEO after the community learn from our teachers. I think that if I played in two exhibition matches against
lost Government funding in 2014. can bring that up and give a new, maybe the Chinese representative side and the
some other options that people haven’t Hong Kong Dragons, promoting the game
“That was a really tough time, it went thought of I think that is what I would try of AFL. The highlight for the 20 students
down from a staff of 20 to a staff and bring to being an active member on was performing the team war cry on the Damien Coulthard.
of one, just you might say overnight,” the board,” Ms Ngatokoura said. great war of China.
Ms Ngatokorua said. “My grandfather was very involved in
Damien Coulthard the Adnyamathanha community, he used
“For two years though I sulked a bit,
Director “I will be honest, to go to meetings and I would hear him
because I’m just the youth worker, but talk about the claim and what had gone
my job had to have Council backing and Damien’s grandfather was I don’t necessarily on in the meeting. Back then I didn’t
you need the administration running and Adnyamathanha and his grandmother love meetings but really know what it was all about but
so basically I helped with the community Dieri; both were well respected elders in I know he was passionate about land
council, got them up and running.” their communities. When speaking of his
what I would like to rights and his community.”
Ms Ngatokoura has been involved in
grandparents it is obvious that he held a do is develop strong “I know this position will enable me to
great amount of respect for them both
native title as a community member
and loved them dearly.
relationships with develop knowledge and understanding
and observer, attending Consent about the different rules and policies
Determinations for the Adnyamathanha “My grandparents as well as my parents
members…” that have been put in place and why.
people on country. She found the were and are the greatest role models I I hope that working with Keith Thomas
“It was truly amazing to see our future and the other Board members who are
experience important and moving. have. They were absolutely paramount as
Aboriginal leaders in that environment. all like mentors that I can take all of the
to why I became a teacher.”
“I like talking to the elders there, when There was such pride in everything the valuable information away and help my
you go back on country and you listen His role as a Physical Education Teacher kids and team did whilst away.” own community.”
to the older people and how their stories at Le Fevre High School includes the
Damien is most certainly enthusiastic “I will be honest, I don’t necessarily
go and what country means, and I just position of South Australian Aboriginal love meetings but what I would like to
about building communities which is one
like going and seeing how the people Sports Training Academy Coordinator do is develop strong relationships with
of the main reasons he has joined the
are. And how passionate, you know. (SAASTA) and Sports Coordinator. The members so they feel they can approach
SANTS Board.
It just takes you to a whole new place, Academy delivers a Certificate III in SANTS and discuss their story honestly
I can’t even describe it, it’s something Sport and Recreation as well as stage “I really want to build relationships without hesitation. I’m really excited
personally that I feel and get to have a 1 and stage 2 in Integrated Learning. with community members so I can about the opportunity and look forward
connection to. So mine is more so as Damien strives to help his year 10–12 hear their needs and then act on it to working with Keith and the Board
being a young person watching it, young Aboriginal students’ achieve their as a SANTS Director.” in the future.”
4 Aboriginal Way, Autumn 2016SANTS Services
Who we are and what we do SANTS provides a range of services
to South Australia’s Aboriginal Nations
SANTS is recognised and funded as
who hold or may hold native title.
the Native Title Service Provider for
These are delivered by a professional
South Australia by the Commonwealth
client services team.
Government under s.203FE(1) of the
Native Title Act 1993 (Cth). SANTS provides legal representation
and guidance, anthropological research
SANTS performs all of the functions of
and community liaison to support native
a representative body throughout South
title applications, negotiations and
Australia. Those functions as set out in
determinations. SANTS also provides
Section 203B of the Act are:
services to Aboriginal Nations to enhance
• Facilitation and assistance; their capacity to achieve their aspirations.
This includes natural and cultural resource
• Certification;
management, community and organisational
• Dispute resolution; development, governance and training
• Notification; and economic development services.
• Agreement making; SANTS is committed to working with
Aboriginal Nations to realise their
• Internal review; and
aspirations which are often broader than
• Other functions. the recognition of native title.
SANTS facilitates innovative pathways for the running of SANTS to its full potential.
our clients to achieve sustainable native
The Board and Senior Management work
title outcomes at the regional level.
closely to achieve a significant level of
confidence and security for our clients
Native title remains an and the future of SANTS.
important foundation Our Vision
for Aboriginal Nations Sustainable Aboriginal Nations.
to gain recognition Our Values
and bring about positive Across all our work at SANTS, we uphold
and lasting change. the following values:
• Respect – for people, culture,
SANTS is committed to partnering
country, difference and ideas
with organisations that will assist in
strengthening native title outcomes. • Professional – being ethical,
accountable and transparent and
SANTS is committed to achieving native
working with integrity and competence
title rights and interests through negotiation
rather than litigation (where possible) • Inclusive – encouraging collaboration
and aims to assist in building positive and participation and listening to and
relationships between Aboriginal Nations considering the views of others
and the wider South Australian community.
SANTS receives funding from the
This page, from top (L–R): Wangki ‘Gavin’ Peel, Far West Coast; Directors of Yankunytjatjara Native Title
SANTS is a company limited by guarantee Commonwealth and South Australian Aboriginal Corporation; Jimmy Gepp Gawler Ranges Rock-hole Project; Bench at the Adnyamathanha Stage
and is governed by a Board of Directors. Government to perform its functions 2 and 3 Consent Determination at Wilpena Pound Station; Tauto Sansbury and Lucy Kingston at Invasion
Day Rally 2016; Lesley Thomas, Keith Thomas, Michael Colbung and grandchild; SANTS Four Wheel Drive
The Board’s role is to guide and govern and to provide other services. Training, Tailem Bend 2015.
Aboriginal Way, Autumn 2016 5Aboriginal consultations continue after tentative
Representatives of Native Title The report has essentially ruled out the
holders across South Australia, expansion of uranium mining, the further What the Nuclear Fuel Cycle Royal Commission
drawn from the Aboriginal Congress processing and manufacture of uranium said in its Tentative Findings
of South Australia, will advise the and the possibility of a nuclear power
Royal Commission into the Nuclear plant for the state. • SA can do more of the nuclear energy cycle and this can be done safely
Fuel Cycle on further consultation for the benefit of all South Australians.
with Aboriginal communities. The report emphasises the need for
social and community consent before the • Communities must be able to decide if they want to be involved.
The four delegates; John Reid, Tauto
nuclear expansion commences. • The South Australian and Commonwealth Parliaments both have to agree
Sansbury, Michael Anderson and Karina
Lester, were appointed at a meeting of the Public meetings into the Tentative Findings on this for anything to happen.
Aboriginal Congress held in Adelaide on began on 15 February with a meeting at • Talking to the community and helping people to understand everything they
25 February. The Congress met to hear the Adelaide Town Hall, and continued need to make a decision would be very important.
from Royal Commissioner Kevin Scarce at various sites around the state.
about proposals to expand the state’s • More mining of uranium is not the biggest opportunity in the nuclear energy cycle.
involvement in the nuclear fuel cycle. Meetings were held in Port Pirie, Port
Augusta, Whyalla, Port Lincoln, Mount • Making the fuel for nuclear reactors on its own would be difficult.
Commissioner Scarce presented the Gambier, Oak Valley, Ceduna, Umuwa, • If you make the nuclear reactor fuel and then take it back after it has been
Congress with details of the Tentative Coober Pedy and Renmark. used, that might work better. This is called fuel leasing.
Findings of the Royal Commission, which
says that South Australia can safely increase Ahead of the 25 February meeting • Right now nuclear energy is too expensive to be used in South Australia.
its participation in nuclear activities and Congress Chair Tauto Sansbury said
reap significant economic benefits. that Aboriginal people should take time • Disposing of used nuclear fuel by putting it in the ground safely can benefit
to understand the proposal. all South Australians, both now and for future generation.
The storage of used nuclear fuel is
Source: Royal Commission Key Tentative Findings, Anangu translation
reported to be the best option for the “I think the important message for
State, with the Findings suggesting a Aboriginal people in South Australia is
large storage facility could be operating to fully understand the impact of what Mr Sansbury also emphasised that at know that should have been a decision
in South Australia by the late 2020s. nuclear waste means to us and means the previous meeting of the Aboriginal that “well we won’t be able to go near any
to us on our country. You know there’s Congress there were strong opinions Aboriginal land because they’ve all voted
The Findings estimate a potential total
a lot of issues to discuss and we as against an expansion of nuclear activity. against it.” So whether that is going to
$445 billion income from the facility.
It proposes a State Wealth Fund be traditional owners, native title owners, “In our last meeting with Commissioner be accepted as community consent or
established to share the profits from the we should have a major say in this, Scarce, all Native Title groups except no consent from the Aboriginal people
operation fairly in the community. whether we want it or not.” one said “we vote against it” and you is another thing for Scarce and the
6 Aboriginal Way, Autumn 2016findings of SA’s potential nuclear future released
Weatherill Government to consider and whether that be the nuclear waste
maybe seriously sit down and talk and or whatever, and they’ll make the Reasons for caution about the Royal Commission’s ideas
negotiate with us a lot better than assessment,” Mr Anderson said.
they’re doing at this present moment.” • The nuclear waste disposal plan would mean that both a shorter term storage
Following the Commissioner’s report to site to operate for up to one hundred years and a longer term disposal site
Addressing the Congress, Commissioner Congress, John Reid from the Gawler at a different location in SA would be built.
Scarce explained that the Commission Ranges Aboriginal Corporation asked
had spoken to Aboriginal people in • The plan is bigger than has ever been built before and no county has yet
about how much the Commission had
consultation visits across the state delivered on disposal of high level nuclear wastes.
considered water security in making
leading up to the report release. its recommendations. • Being prepared for the first nuclear waste shipment imposes vast liabilities
Those consultations are covered in on South Australia.
“One of the things that I haven’t
the Tentative Findings in the section seen too much of in this document is • It would need a potential dedicated nuclear waste deep sea port to be built,
on Social and Community Consent. modelling on water security…there is probably south of Whyalla.
“What we’re trying to understand in this not a lot of modelling of how the water
• Costs are estimated at $145 billion before any profit and costs may go up,
document is what’s happened in the past, resources are going to be used in these
in other countries cost estimates have risen by 50 percent.
so that it’s not repeated in the future. There types of activities and the big issue
are sections which talk about what’s for a lot of Aboriginal people is water • Transport of waste and shorter term storage poses serious risks to the
happened in the past, and if we were to security,” Mr Reid said. SA community.
proceed, talk about a way, what sort of “We took a lot of advice regarding • The shorter term nuclear waste storage site would open 11 years after
actions would be necessary to have a the management of water, particularly any decision to go ahead.
proper engagement,” he told the meeting. the importance of safe guarding the
• The proposed waste disposal site would open around 28 years after any
Michael Anderson, Chair of resources we have and therefore that
decision to go ahead.
Adnyamathanha Traditional Lands figures prominently in our thinking
Corporation explained at the meeting about a storage facility,” the • The storage site would be closed down in 120 years’ time, and then require
that he would put any relevant proposals Commissioner responded. hundreds of years of monitoring.
relating to the Commission’s Findings to his • The Federal government holds many key powers and responsibilities for
Karina Lester, Chair of Yankunytjatjara
community for discussion and decision. national approvals – it’s not just up to the SA Government.
Native Title Corporation asked the
“Our people are prepared to look at all Commissioner how community and Source: Anti-nuclear campaigner, David Noonan
propositions they come across, social consent would be measured.
The Commissioner responded by explaining “The issue I have, it’s like the city
how he sees that social and community versus the country. Everybody repeats
consent differ and how principles and a the words ‘not in my backyard’ but the
process could be established.
majority of people live in the cities.
“Well what we’ve tried to do is mirror Country people and Aboriginal people are
what’s been successful overseas. In the already the minority voices in any census.
end it will be a political decision, social Which makes Aboriginal people a minority
consent. So what we’ll do is prepare a voice within a minority. It’s alright for
final report, which I’ll advocate be made
you to say that we take everyone and
public quickly. In that report we’ll identify
everything into consideration, but
what we think are the central principles
behind social consent. Really these are realistically we Aboriginal people don’t
the sorts of principles that need to be matter. You just need to look at history
considered, governments will decide how to see that,” Mr McNamara said.
they’ll get the social consent they need.”
“We may have a responsibility to store
Once the government has determined it our own nuclear waste in SA. But why
has social consent, community consent then should we be responsible for every
would be a more detailed, locally based
state. Shouldn’t they take responsibility for
process, the Commissioner explained.
storing their own waste? And definitely why
“In terms of community consent… should we become the dumping ground
I envisage something similar to what I for the world’s nuclear waste,” he said.
saw in Canada, where we have a process
of engaging those communities right It’s not put back on us, it’s an opportunity
at the start, funding the community to we can take up” the Commissioner
make independent reviews, plenty of responded.
time to make decisions, plenty of review
steps. All of that based on what we’ve Following the discussion with the Royal
seen around the world to indicate here’s Commission, anti-nuclear campaigner
a process that works, the community in David Noonan presented his perspective
the end have a say – yes or no, if it’s no, to Congress.
that’s the end of the process.”
He explained that the nuclear waste
“I do think, where it’s failed overseas,
disposal facility proposed by the Royal
it’s because these two processes, social
Commission was of an unprecedented
consent and community consent have
failed and it’s not the technical issues that scale internationally and would involve
have been the undoing of these issues, considerable risk and investment by
it’s the failure to get community consent,” the State.
Commissioner Scarce stated.
The final report of the Royal Commission
Elliott McNamara, Chairperson of will be handed to the Premier in May 2016.
the Barngarla Aboriginal Corporation
expressed concern about how consent For further information, head
Opposite page: Left to right: Tanya Hunter, Rose Lester, Pascoe Braun at the Adelaide Town Hall would work for some Aboriginal people to the Commission website at
on 15 February. Above: Commissioner Kevin Scarce addressed a public meeting at the Adelaide Town
Hall on 15 February. and communities. http://nuclearrc.sa.gov.au
Aboriginal Way, Autumn 2016 7Stolen Generations Reparation Fund
commences work and faces questions
Independent Assessor John Hill has would hear individual’s stories and then Ms Ngatokorua also expressed concern “Sadly, many Stolen Generations passed
begun work on implementing the decide on compensation. about people being asked to tell their away before this Scheme was announced
Stolen Generations Reparation Fund. stories again. – they passed waiting for this moment
“He would go and listen to stories and
in time – but it was never to be achieved
The $11 million fund was announced figure out how much that person is worth “When I think that you have people’s
in their lifetime. And, tragically, heart-
by the South Australian Government in in terms of repatriation. They’re going to stories – you’ve got your Link Ups, you’ve
breakingly, some have passed since the
November 2015, following many years employ an Aboriginal person, a woman, in got other places where people have
announcement in late November 2015.”
of debate in Parliament. The fund will a position to hear the stories of victims,” told their story. You’ve got the Mulligan
make payments to Aboriginal people she explained. report. If you’ve already told your stories, Mr Sandeman asked the government
who were removed from their families, wouldn’t it be good just to get those. to re-consider the Fund’s timeline,
The Scheme only includes compensation
bypassing the need for litigation to To tell them again is traumatising, which currently would mean that no
for people directly affected by past
settle compensation. payment would be received until after
policies of removal. reliving the trauma.”
Ex-Labour Government Minister John Hill the closing date and after all applications
“What I also heard, it’s got to be for The Stolen Generations Reparation have been assessed, which could take
attended the Stolen Generations Alliance
the victims, not for their families. And Fund was also discussed by the CEO up to two years.
meeting at Tauondi College in Port
that caused a lot of murmur among the of Anglicare, Reverend Peter Sandeman
Adelaide on 5 February to set out the “Forced Removal policies spanned
people that attended, because a lot of at the National Apology Breakfast
process for community members. several generations, with some Stolen
them are second generation, not first,” at the Adelaide Entertainment Centre
The scheme commences on 31 March Ms Ngatokorua said. on 12 February. Generations Survivors being in their 40s
and from that date people who believe through to their 90s,” he pointed out
“I also have some concerns” she said. He said that “this redress has broadly
they fit the category will have 12 months “For Government, it would seem
“He could never walk in our shoes and he been received well – providing a sense
to apply for compensation up to
could never understand where we come both just and logical that the elderly,
$50,000. The scheme will close two of justice and recognition. It has been
from. He can try all we like, but when the sick, the frail be triaged to in this
years after applications open. a long time coming.”
we look at the social, the structure, then process to ensure that they receive
According to SA Native Title Services how can you make a call on somebody However he pointed out that the delay in their long-awaited and deserved
Board Deputy Chair Lavene Ngatokorua, without understanding where they’ve establishing such a scheme has meant individual reparation – in their lifetime,”
who attended the meeting, the really come from. And yet he’s going to that many people who were stolen have Mr Sandeman told the Apology
Independent Assessor and his staff make that call.” since passed. Breakfast audience.
New group to give voice to Stolen
Generations in South Australia
An independent organisation
dedicated to advancing the interests
of the Stolen Generations and their
families has been established in
South Australia.
Vicki-Lee Knowles from the South
Australian Stolen Generations Working
Party said that the new organisation is
needed because for far too often the
Stolen Generations of South Australia
have been excluded from direct
consultations about community matters
that have an impact on their, and their
families, lives.
“Stolen Generations of South Australia
have been calling for a statewide Stolen
Generations body to be established to
progress the collective interests of Stolen
Generations and to be an accountability
mechanism for the implementation of
the 54 recommendations of the Bringing
Them Home report,” said Ms Knowles.
“We need a strong and united voice if
we are to affect change for our Stolen
Generations who are now old or frail,”
she said. Above: Attendess at Stolen Generations Working Party Meeting 5 February 2016. Left to right: Janette Milera, Lyn Jones, Lily Disher, Audra Landers.
The South Australian Stolen Generations submitted to the Office of the Registrar “In the spirit of truth, justice and as a result of removal policies across
Working Party met at Tauondi College of Indigenous Corporations (ORIC) for healing provide a strong united voice South Australia or members of Stolen
in Port Adelaide on 5 February and the new group to become a reality. of Stolen Generations, our descendants, Generations who now live permanently
discussed the establishment of the ORIC accepted the corporations Rule families, and communities who were in South Australia. Descendants of
new South Australian Stolen Generations Book and so the group achieved formal removed from, or permanently reside in, members of the Stolen Generations are
Aboriginal Corporation (pictured). incorporation on 17 March 2016. South Australia.” also eligible to become members.
The new Corporation’s Rule Book, According to the Rule Book, the aim of Membership of the new body is open Non-voting membership is also open to
including its Vision Statement and the SA Stolen Generations Aboriginal to any Aboriginal person who was Aboriginal people or organisations who
Objectives, has been finalised and was Corporation is to: fostered, adopted or institutionalised support the aims of the association.
8 Aboriginal Way, Autumn 2016Reflecting on the Eighth Anniversary
of the National Apology
The eighth anniversary of Prime Ms Bates opened the morning with her Ms Bates wrote the song following the Nancy Bates says that the song gets
Minister Kevin Rudd’s apology to original song “Old Black Woman”. It’s a funeral of a prominent elder in South a very strong reaction from listeners
members of the Stolen Generations song that comes directly from her own Australia, Aunty Veronica Brody. whenever she plays it live.
was celebrated across the country experiences and connection with the
on 13 February through song, “I went home feeling quite heavy hearted “Lots of tears, I think it brings up a lot of
Stolen Generations.
stories and community gatherings. and feeling loaded up with stories of pain for a lot of our elders in particular.
“Old Black Woman is a song that comes Stolen Generations, I just picked up the But I hope it also gives them a sense of
In Adelaide, 1600 people attended
from a very deep place, a very deep guitar on that afternoon because I’d pride and also an understanding that we
an Apology Day breakfast hosted
narrative from within the Aboriginal been watching our elders together at the as the younger generation are completely
by Reconciliation SA at the Adelaide
community,” Nancy Bates said. funeral and I knew a lot of their stories. there for them, and we feel their stories
Convention Centre. The event included
performances by Aboriginal performers “I did write it when I was working at The words just began to flow on a page on a very deep level. I hope they feel I’ve
Archie Roach, Nancy Bates, Ellie Link Up, helping members of the Stolen and I think the song was written within respected their stories in the story telling
Lovegrove and the Dusty Feet Mob. Generations and their descendants to twenty minutes to half an hour. I really do and I hope that it also makes them, with
Barkinji woman and Adelaide singer find their way home, so retrieving records believe when songs come to you in that Old Black Woman I also try to capture the
Nancy Bates performed her original and finding out information that can help way that it’s really meant to be. When you strength and the resilience of our Stolen
songs for the Breakfast and supported people link back to their communities don’t have to struggle to write a song, it’s Generations and I hope that they feel that
Archie Roach in his performance. and families,” she explained. just waiting to be kind of realised.” as well,” she said.
From top, left to right: Attendees at Apology Day Breakfast on 13 February 2016; Ellie Lovegrove; Nancy Bates; Archie Roach.
Aboriginal Way, Autumn 2016 9Archie Roach played three songs at the trauma attached to that for our young
Breakfast event, starting with “A Child people, to know what’s happened to our
was Born Here”, which reflects on the previous generations, and to know that
sacredness of connection to country, that affects a number of children today,
and “Down City Streets”, which drew of children in care, Aboriginal children in
Archie Roach to reflect on his days as care today is completely related to those
a young homeless man and the time past policies that saw the separation
when he met his late wife Ruby Hunter. of so many children from families. So I
think that was what was so powerful, this
“Archie and Ruby had met in Adelaide,
interpretation of Took the Children Away,
so any time Archie does a gig in Adelaide,
by children, Aboriginal children.”
it’s really profound for him, lots of
memories come flooding back, this was The large audience at the Apology
the place he fell in love with Auntie Ruby, Breakfast in Adelaide clearly felt the
an iconic relationship,” Nancy Bates power of the performance.
said following the event.
“And from what I could see up on the
Archie Roach’s powerful and well known stage, there was hardly a dry eye in the
song “Took the Children Away” was the room. Everybody felt the significance of
closing piece for the morning. Archie these children joined with Uncle Archie
Roach was joined on stage by the really expressing what that song meant
Dusty Feet Mob, a group of young to them on a very real, deep level. I’ve
people from Port Augusta, who spoken to people since the Breakfast
accompanied him with their own and they are saying it’s one of the most
interpretation of the song. profound events they’ve ever been to,
Nancy explained the impact of the song it will never leave them and a large part
on that morning. that was the collaboration between the
children and Uncle Archie. At the end
“Took the Children Away was so there was an amazing moment when
incredible because, our young people Archie embraced all of the children and
who had interpreted it in such a powerful that was I think that was a really special
way. In rehearsal it was very telling when moment to witness and it says everything
Uncle Archie broke down seeing the about who Uncle Archie is, it really does.”
children perform during our rehearsal,
because the way they had interpreted it The Breakfast was followed by a
really interpreted the sense the younger community barbeque, a community
generation and the way they are able event held for the Survivors of the Stolen
to process what has happened to their Generations and their families and
elders, understand what it means to supporters in the Veale Gardens. The
them in a contemporary setting and event was coordinated by a coalition of
to feel it on a very deep level. And so community organisations, headed by
I think what was very clear on that day Relationships Australia SA (RASA). The
is that the intergenerational process, event included a smoking ceremony,
processing of history and stories is very traditional food, live entertainment and a
real for our young people, and there’s a focus on healing and well-being.
10 Aboriginal Way, Autumn 2016Opposite page, from top, left to right: Ellie Lovegrove, Nancy Bates and Archie Roach; SANTS staff Nicole Clark and Jodie Martin; Stephen Gadlabarti Goldsmith and Tyrone Rankine; Community event at Veale Gardens.
This page, from top: Rebecca Tenner, Sasha Taylor and Layla Buckskin (Dusty Feet Dance Mob); Didgeridoo Player Jamie Goldsmith at Community BBQ; Massage stall; Aunty Irene and Wendy McKell; Veale Gardens;
Anne Peterson; Robin Davey, Derek Newchurch, Fred Agius and Matt Axelby from Aboriginal Youth and Family Services.
Aboriginal Way, Autumn 2016 11What does 26 January mean to you?
While Australia takes a day off on of moving forward and acknowledging
26 January, many Aboriginal people the success that we’ve had, and that
see it as a day of mourning, and journey over the last 40 thousand,
a time to protest. Others take the 60 thousand years” she said.
opportunity to celebrate the survival
She is proud of Tandanya’s Survival
of Indigenous people and cultures
Day event, and the talented people who
in the face of colonisation and
contribute to it.
dispossession.
“We love the fact that Survival Day brings
Each year Tandanya Aboriginal Cultural
a lot of the traditional elements as well
Institute partners with other organisations,
including Kura Yerlo, to present the Survival as the contemporary elements, and it’s
Day event at the Semaphore Foreshore. a space where we can showcase our
beautiful talents and the repertoires of
The theme in 2016 was “Still Surviving, our cultures, such as music, dance, art
Still Thriving”. Event producer Narisha and food,” Ms Cash said.
Cash acknowledges the conflicting
feelings that 26 January can evoke. The event included live performances
by Eddie Peters, Catherine Carter,
“It can be quite a sensitive day, a lot
Tempest Sumner-Lovett, Electric Fields,
of people acknowledge that it’s also
Tilly Thomas, Michael Colbung and
Invasion Day, so with Survival Day it’s
The Bec Gollan Trio.
looking at it in a more positive manner.
We commemorate and acknowledge the Early in the day, a crowd gathered
past, and what has happened previously, on the steps of Parliament House for
but we also want to look at the positives an Invasion Day protest.
12 Aboriginal Way, Autumn 2016Opposite page: Invasion Day protesters on the steps of Parliament House on 26 January 2016. This page, from top, left to right: Eddie Peters, Tilly Thomas, Cassie May Brown and Ashum Owen; Latoya Rule;
Tauto Sansbury and Grace Nelligan; Jasmin and Luke Dinos; Invasion Day protesters on the steps of Parliament House on 26 January 2016.
Aboriginal Way, Autumn 2016 13Elder Tauto Sansbury spoke at the event So, in terms of celebrating the day,
and following the rally he explained what there’s nothing for Aboriginal people
26 January means to him. to celebrate.”
“It means a lot. Especially it means a lot She also emphasised that the protest
of sad stories and people talking about wasn’t just about what happened in 1788,
them. Sorrow and it also means that but about the impact that is still felt in
every other state and territory around contemporary Australia.
Australia is doing the same as we are
today and as I’ve already advised the “Aboriginal people are still living with the
group today at the protest is that New consequences from that date. We’re still
Zealand is actually doing the same thing living with racism, we’re still living with
as we speak.” socio economic disadvantage, we’re still
living with health problems, like kidney
Mr Sansbury said that he understands
why many people would like the date disease, alcoholism, the diseases that
of Australia Day to be changed. were brought here on 26 January,”
Ms Owen said.
“Well that’s understandable, because
Australia Day is 1788, the day that Cook There seems to be a growing awareness
landed. The day that 15 minutes after of the significance of the date among
he landed he instructed his men to start the general population according to
firing on the natives in Botany Bay, Ashum Owen.
so you know that’s when the slaughter
“I’ve had a few conversations with a few
first started,” he said.
non-Indigenous friends of mine and they
He also emphasised that the protest was seem to be on the same page, I think
not just about a day in history, but about they’ve grown a little bit aware of why
drawing attention to the way Aboriginal Indigenous people aren’t celebrating
people live today. the day, or what it means for Indigenous
“Everything is not on an even par” he people. So it was good to have those
said. “Aboriginal people are the most conversations and find out they actually
highly incarcerated, the removal of support changing the date. Yeah, so I
Aboriginal children is much higher than guess changing the date would probably
non-Aboriginal children, our mortality rate be one step forward to include all of
is 20 years less than the non-Aboriginal Australia in celebrating Australia.”
population and the list goes on and
on. You know the housing of Aboriginal Another central topic of the Invasion Day
people is basically in the homeless area, protest was the question of constitutional
Aboriginal people are being removed off recognition. Many criticised the current
their land. There’s something going campaign for the constitutional recognition,
on in Australia that’s not right,” instead calling for a treaty.
Mr Sansbury said.
Event organiser La Toya Rule told the
Ashum Owen was another speaker at the crowd at the rally:
Invasion Day protest. She explained what
“For me personally, I don’t understand
26 January means to her.
how we can recognise Indigenous
“I’m an Indigenous person, so personally people in a colonial document when
I don’t celebrate the day because it on a day like today we’re not being
marks the start of so much loss for my recognised,” she said.
people. 26 January 1788 was the day
that we began losing a lot of our land, a “Constitutional recognition will not bring
lot of our people, a lot of our language, about any true legislative change, it’s
and those things we can’t really regain. purely symbolic,” Ms Rue told the crowd.
This page, from top: Letters Patent Sign and supporter at the Survival Day event 2016; Haley McClure and Josh Morely outside Parliament; Claudia, Max and Laurence from Socialist Alternatives; Uncle Russell Milera,
Mark Waters, Waylon Johncock; Agius Family at Survival Day 2016. Opposite page, from top: Sean Ken; Northern Health Network Staff; Deb Lee and Governor of South Australia Hieu Van Le; In Com Pro Members;
Close the Gap Balloon; David Highfold and Dean Hodgson; Carisbrooke Park; Christine Kite and Lynette Crocker.
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