Senate Finance and Public Administration Legislation Committee, , 5:56:49 to 6:02:44
Senator Pocock raises concerns regarding the administration of the stolen wages class action settlement in the Northern Territory. The NIAA discusses the role of the Federal Court, Shine Lawyers, and Deloitte in the process.
Topics: First Nations, Human rights
Speakers: Speaker 32, Hon Malarndirri McCarthy, Senator Barbara Pocock, Julie-Ann Guivarra, Unknown Speaker, Senator Malcolm Roberts
>> PCO. And there's some questions around stolen
year raised concerns about the processes of historical stolen wages class action in the Northern Territory, this time specifically in Northeast Arnham land.
the registration process undertaken by Shine Lawyers and about Deoit's Shine and Deote receiving millions uh from the settlement. Minister, while it seems you cannot comment on the
government satisfied with how the
Um, Senator PCO, we've certainly been uh aware that uh there are concerns around the country with different uh individuals. I've certainly had families raise uh questions with me earlier on in the piece around uh being able to access stolen wages and wondering how they can do that. Uh it is clearly in Shine Lawyers purview to have that direct responsibility but uh I am very aware that there has been concerns uh raised
in the future will you review this kind of administration this method?
Look, I would certainly take on the fact that uh there have been questions raised in process. Uh it isn't really up to me to look at reviewing Shine lawyers, but I get the intent of your question around process. I think it's important to be able to have a look at that process and see what could could have been done >> I'll refer to the agency. I personally haven't had direct contact with them, but I will refer to the agency.
>> I'm sure the agency has had contact with
>> Uh yes, Senator, and I'll I'll hand across to our general counsel. Um I I guess I would just say um some of the issues that you are pointing out obviously are a part of the federal court settlement. So our ability to to do change influence that is actually very limited by the federal court's remitt and its responsibilities. Um but we are because we were obviously involved in the the settlement um we do have our general counsel who has interactions with um the the actual law firm. So I'll hand across to um Mr.
to focus not on a big long account about what's don't want to be rude but what are the lessons here and what do we need to be doing differently.
>> Uh thank you Senator my name is Ian Bartholomew general counsel uh and branch manager of legal services branch. So the courtappointed administrators do regularly report and those reports are public uh and under the supervision of Chief Justice Mortimer who's the presiding judge for this matter. Uh the most recent report was released last week on the 19th of October. Uh and I'm able to provide secretariat with the um the website address if that's helpful to you. Senator, whilst the Commonwealth can't unilaterally take any action uh noting that it was a claim against the Commonwealth in the first place, uh there are two important steps to to bring to your attention, Senator. The first is that supervision of the court itself. uh and the court takes that role very seriously in terms of uh its supervision of the appointed administrators uh and the review of those reports that I've mentioned. The second is um as you've highlighted we we are in contact with Deote as administrators. Uh there was uh a meeting earlier this year in April that involved both the parties and the administrator uh and also some community organizations that was focused on this particular uh community concern. Uh and so um the intent at the moment is that uh the parties to meet reconvene again given the ongoing concerns that are being expressed. Uh and if a path forward can be identified uh it would be for each of those um parties to to consider the next steps uh individually and then under the court supervision of
>> Thank you minister. The issues raised in the ABC article have led to a call for the Commonwealth to set up a national redress scheme established in partnership with Aboriginal organizations which would stay open for a period of years and provide a uniform, harmonized and a more just approach, probably a whole lot less cheap, less expensive too. Will the government consider such a commonwealth redress
scheme? Look, we're certainly uh watching what's happening, Senator PCO, in terms of uh everything that's occurred so far. I'd like to be able to take that question on notice and get back to you.
>> I look forward to your answer then. Um has the Commonwealth communicated with state governments in any forums about joint approaches to addressing historical stolen wages?
>> Uh not to my knowledge, but I will refer to the agency. I certainly haven't. Is
that a useful thing to consider? Because there are state government claims as
>> Um, Senator, I guess our concentration most immediately has been on the Northern Territory case just because we are actually a party to that that case. >> Um, but as you say, there certainly are other jurisdictions that are are looking at sort of stolen wages issues at the moment. So um we we from time to time obviously talk to um senior officials in in those other jurisdictions about you know issues that they are looking at. So we'll take that on notice.