Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Bill 2020

As Minister for Aboriginal and Torres Strait Islander Partnerships, moved the bill and outlined amendments responding to committee recommendations. Emphasised this delivers on an election commitment and provides legal recognition for a practice that has existed for generations.

“The bill marks a historic and significant milestone in bringing together island custom with Queensland law, delivering on our commitment to reframe the relationship with First Nation Queenslanders and move forward with mutual respect and recognition of a Torres Strait Islander cultural practice that deepens and enriches the lives of our Queensland communities.”— 2020-09-08View Hansard

As LNP shadow minister, confirmed the opposition would not oppose the bill while raising concerns about process complexity, tight consultation timeframes, best interests of the child provisions, and lack of cost estimates for implementation.

“I can confirm that the Liberal National Party will not be opposing this legislation. That being said, there are a number of important matters and sensitive issues that need to be brought to the attention of the House which may potentially have a detrimental effect on the intent of this legislation and its practical operation.”— 2020-09-08View Hansard

As Queensland's first Torres Strait Islander MP who introduced the bill, spoke passionately about the cultural significance of traditional child-rearing practice and how legal recognition will allow families to obtain identity documents and access services they have long been denied.

“At the end of the day, this bill means so much to those who are in a situation where they cannot get a passport or obtain identity documents we take for granted every day, like a driver's licence.”— 2020-09-08View Hansard

Congratulated member for Cook and confirmed LNP support, but expressed concern that the bill imposes a complex western legal process that requires applicants to re-prove their case before a commissioner, rather than simply accepting the cultural determination already made by families.

“If we are going to say to Torres Strait Islanders, 'We accept that what you have done has been happening since time immemorial and we accept that that decision includes the best interests of the child as part of the determination,' why are we imposing a western system of law which relitigates that and, in fact, gives the commissioner the right to refuse that application?”— 2020-09-08View Hansard

As Premier, expressed pride in this historic legislation that culminates 30 years of advocacy by Torres Strait Islander elders, noting it will end hardship caused by lack of legal recognition of traditional child-rearing practices.

“The sleepless nights of parents with adopted children are over. No longer will they toss and turn, worrying about having to produce identification documents to enrol their children in school or in TAFE.”— 2020-09-08View Hansard

Confirmed LNP support while expressing concerns that the bill was rushed through at the last sitting of parliament without adequate community consultation, and that the process may be too complex for communities to engage with effectively.

“I really do hope that this bill and this process work for the people of the Torres Strait. They have been waiting a long time for legal recognition of their traditional adoption and child-rearing practices. I fear that it was rushed, I fear that it has not undergone proper consideration and consultation and I fear that as a result the community is settling for second best.”— 2020-09-08View Hansard

Expressed pride in delivering legislation that has been 35 years in the making, noting this demonstrates why inclusion and diversity in parliament matters. Acknowledged the difficulty of reconciling traditional custom with western law.

“Today in this House we are giving, for the first time in Australian parliaments anywhere, the right for Torres Strait Islanders to see their lore reflected in Queensland law.”— 2020-09-08View Hansard

Supported the bill while criticising the government for leaving this 2017 election commitment until the last sitting day of the term, which he said was disrespectful to affected communities who had insufficient time to understand and provide feedback on the legislation.

“Some people told us point-blank that it was disrespectful to them and their community for the committee to come and go so quickly and to give them so little opportunity to understand what is proposed in the bill, let alone offer useful feedback.”— 2020-09-08View Hansard

As ministerial champion for the Torres Strait since 2016, strongly supported the bill and rejected claims it was rushed, noting elders have advocated for this reform for over three decades. Thanked the eminent persons, Kupai Omasker Working Party and community leaders.

“In regard to the claims from those opposite that this has been a rushed process, I think that the elders sitting in the gallery today do not think it has been rushed. They have been advocating for this for over three decades and it is about time that we delivered this reform.”— 2020-09-08View Hansard

As committee chair, described the bill as truly historic and a significant step in reconciliation. Noted the committee's visits to Torres Strait communities and addressed LNP concerns about rushed process by citing Pastor David Gela's evidence that this has been worked on for over 30 years.

“As chair of the health committee I can say that our committee was deeply humbled and honoured to have carriage of this important bill that, in effect and once passed, will finally give Torres Strait Islander adopted children true legal recognition, something we heard Torres Strait Islander people have been fighting for for over three decades.”— 2020-09-08View Hansard