Walton, Alastair --- "Victorian Legislation Update" [1986] AboriginalLawB 33; (1986) 1(20) Aboriginal Law Bulletin 3

• Victorain Legislation Update

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Victorain Legislation Update

by Alastair Walton

In November 1985 the Victorian Legislative Assembty debated the Aboriginal land (Framlingham Forest) Bill, however, it was adjourned after pressure from the Opposition. It was generally believed that the Bill would be presented again in February of this year. The situation now is that it will be taken up in the spring season later on this year.

The February debate was allowed to lapse because the national land rights model was being discussed and no one was sure what the outcome of that package would be.

Now the ALP is coming together for its National Conference in July where the political position of land rights will once again be debated, though more than likely pre determined in the various factional meeting rooms.

However, the Cain Govemment has used this gap in time to review the mining provisions of its Framlingham Forest Bill and to adopt those based on the Pitjantjatjara model. This creates a tribunal system that would determine any dispute between the local community and explorer/mining entities. The government wants the Tribunal's decisions to be binding thus separating the decision making - or more precisely keeping the decision at a distance from the government. The Tribunal would be headed by a Judge.

The delays in the passage of the bill has created a crowded timetable for the Cain Government in relation to its Aboriginal legislation. The main land rights bill for the whole state of Victoria was originally set for the spring session of this year, but that has been set back to the autumn session of 1987.

In the spring session of thisyear the Lake Condor Bill will also be introduced. Its final form has not yet been approved by Cabinet. This bill, in conjunction with the Framlingham Forest Bill, will fly the kite on mining provisions for the government. They will attract the shot, plus allow the government to see where its coming from. This tactic will allowthe govemment to prepare a plan of action for when it produces the Victorian Land Rights Bill.

However, any further hold-ups in the legislative timetable and the state-wide package may be held over. This is because the governments strategists, after a failure to pass the bill in autumn next year, would believe it is to close to election time. Thus the planned passage of the bills is essential, or it will be several years (if the ALP was re-elected) before any legislation could be expected.