Struthers, Karen --- "Hands on Parliament: A Parliamentary Committee Inquiry into Aboriginal and Torres Strait Islander Peoples' Participation in Queensland's Democratic Process" [2003] IndigLawB 3; (2003) 5(22) Indigenous Law Bulletin 6

Hands on Parliament: A Parliamentary Committee Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democratic Process

by Karen Struthers

The consolidation of the Queensland constitution has been ongoing for many years. Much of this work culminated in the report of the Queensland Constitutional Review Commission (the ‘QCRC’) tabled in the Queensland Parliament on 29 February 2000.[1] One of the recommendations of the QCRC was that during the life of the next Parliament, the Legal, Constitutional and Administrative Review Committee (the ‘LCARC’) ‘conduct an inquiry into the possibility of special representation for Aborigines and Torres Strait Islanders.’[2] Aboriginal and Torres Strait Islander peoples are the original inhabitants of Australia and represent more than three percent of the Queensland population. Yet only one Indigenous person has ever been elected to the Queensland Parliament – Mr Eric Deeral.

The LCARC considers the issue to be an important one and has acted on the recommendation of the QCRC. The LCARC released an issues paper in December 2002. This paper sets out the background to the inquiry, and examines strategies that might enhance the participation of Indigenous people in Queensland’s democratic processes. The five strategies outlined in the issues paper are as follows:

• Enhancing participation in existing processes through, for example, civics and voter education, political party encouragement, mentoring and youth parliaments;
• Systems whereby a representative body would provide direct input to Parliament to ensure that issues relevant to Indigenous people are heard. This direct input could take many forms including asking questions on notice of ministers, reporting to Parliament on the implications for Aboriginal and Torres Strait Islander peoples of bills, and addressing Parliament on bills directly affecting Indigenous interests. Some Canadian provinces allow public input into bills and question time. A joint parliamentary/community committee might be another mechanism to provide direct input into Parliament;
• An Aboriginal and Torres Strait Islander assembly operating in parallel to the legislative assembly and reporting back to Parliament. Norway has a separate assembly for the Sami people. In the United States, Indigenous tribes have formed the National Congress of American Indians to form consensus based policy to present to government;
• A set number of seats in the Parliament dedicated for Indigenous members. Such members could have the same rights and privileges as those members in general seats, or their role could be limited to speaking, voting and/or asking questions on matters directly relevant to Indigenous peoples. Dedicated seats are used in New Zealand to ensure Maori representation. Maori people can elect to be on the general electoral roll or the Maori electoral roll. In Maine, USA, two seats are reserved in the State Legislature for the main Indian tribes. These representatives can sponsor legislation but are not entitled to vote; and
• Changes to the electoral process. The current electoral system in Queensland does not necessarily achieve representation of the broad range of interests within society. In particular there is a risk that minority groups will be under represented, especially if the group is geographically spread throughout the state. The electoral system in New Zealand, the mixed-member proportional system, or some other system may provide an opportunity for a more representative legislature. A fundamental change to the electoral system would raise issues far beyond the scope of the current inquiry. However, if the committee receives evidence that changes to the electoral system would be advantageous and appropriate, it could recommend a review of the electoral system.

The issues paper discusses each of these strategies in more detail, outlines advantages and disadvantages of each and raises issues for comment. The committee hopes that the issues paper will stimulate discussion and that people will make submissions that generate further options for the committee to consider. Over the coming months the committee will undertake face-to-face consultation with relevant organisations and in communities throughout Queensland.

Although the inquiry relates to the Queensland Parliament, the committee is interested to hear the views of Indigenous Law Bulletin readers on this important issue. The first round of submissions to the inquiry closes Friday, 28 March 2003. Further rounds of submissions will be invited throughout the inquiry. Please join our subscriber list at http://www.parliament.qld.gov.au/Committees/LCARC/LCARCHandsonParl.htm if you would like updates about the inquiry.

Information about the inquiry, including the issues paper can be found at http://www.parliament.qld.gov.au/Committees/LCARC/LCARCHandsonParl.htm or by contacting the committee secretariat on (07) 3406 7909.

Karen Struthers is a member of the Queensland Parliament and the Chair of the Legal, Constitutional and Administrative Review Committee.

[1] Queensland Constitutional Review Commission, Report on the possible reform of and changes to the Acts and laws that relate to the Queensland constitution (2000).

[2] Ibid.