First Nations

Indigenous rights, land rights, cultural heritage, treaty

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58th Parliament (2024–present)2 bills

Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025

Passed (amended)This bill became law after being modified during debate.

•Sixteen Indigenous and remote councils have their exemption from levying land-based rates formally written into law, providing certainty about their current arrangementsClauses 54 and 119New section 94A of the LGA and new section 73A of the LGR prescribe the 16 councils that must not levy general, special or separate rates.
•A pathway is created for Indigenous councils to begin levying rates in the future if it becomes practicable, giving them more financial self-determinationClause 54Section 94A(3) provides the Minister may recommend removing a council from the prescribed list if it would be practicable for the council to levy rates.
•All trustee councils — not just Indigenous regional councils — must conduct their trustee business separately from other council businessSchedule 1, Part 1Amends section 83(3)(b) of the LGA to replace 'indigenous regional council' with 'local government' to apply to all trustee councils.

20/11/2025· Hon A Leahy MPGovernment & ElectionsRegional QueenslandCommittee: pass (dissent)

Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Bill 2024

PassedThis bill became law.

•The First Nations Treaty Institute is abolished and the treaty negotiation process is endedClause 26, s 100-102The Path to Treaty Act 2023 is repealed, abolishing the Treaty Institute and Treaty Institute Council.
•The Truth-telling and Healing Inquiry into the effects of colonisation on Aboriginal and Torres Strait Islander peoples is shut downClause 26, s 109The Inquiry is abolished; each member receives a one-off payment equivalent to 4 weeks' remuneration.
•Records from the Treaty Institute and the Inquiry transfer to the Department of Women, Aboriginal and Torres Strait Islander Partnerships and MulticulturalismClause 26, s 105 and s 110

28/11/2024· Hon J Bleijie MPGovernment & ElectionsWork & EmploymentHousing & Renting

57th Parliament (2020–2024)14 bills

Arts (Statutory Bodies) and Other Legislation Amendment Bill 2024

Lapsed

•Aboriginal and Torres Strait Islander peoples are guaranteed at least two seats on each of the five Arts Statutory Body boardsClauses 6, 32, 62, 90, 119At least 2 members must be either an Aboriginal person or a Torres Strait Islander person.
•A dedicated First Nations Committee is established at each cultural institution to provide cultural leadership and governance adviceClauses 10, 36, 72, 99, 126Committee members must be Aboriginal or Torres Strait Islander persons, with functions including advising on cultural learning integration and supporting First Nations plans.
•Each institution's strategic plan must include actions and initiatives relating to Aboriginal and Torres Strait Islander peoplesClauses 21, 51, 79, 107, 136The board's strategic plan must include an outline of the key actions, initiatives and plans relating to Aboriginal peoples and Torres Strait Islander peoples.
•Guiding principles in each Act are updated to recognise First Nations cultural rights, self-determination and the importance of truth-tellingClauses 4, 30, 60, 88, 117Cultural and creative rights and practices of Aboriginal peoples and Torres Strait Islander peoples should be recognised and respected through fair and transparent arrangements.

11/9/2024· Hon L Enoch MPGovernment & Elections

Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2024

Passed (amended)This bill became law after being modified during debate.

•Aboriginal and Torres Strait Islander kinship carers will no longer need a blue card to care for children in their family once a new screening framework is in placePart 2, Clause 131Amends the Child Protection Act 1999 and WWC Act to remove approved kinship carers from regulated employment, with commencement delayed until a new fit-for-purpose screening framework is developed.
•Blue card assessments must now consider the effect of systemic disadvantage and intergenerational trauma for First Nations applicantsClause 56, new section 234(2)(g)If the person is an Aboriginal person or Torres Strait Islander person, the chief executive must consider the effect of systemic disadvantage and intergenerational trauma, and the historical context and limitations on access to justice.
•The Act's principles are updated to recognise the importance of connection with family, community, culture, traditions and language for Aboriginal and Torres Strait Islander childrenClause 30, amended section 6(b)Inserts after 'wellbeing': 'which for an Aboriginal child or Torres Strait Islander child includes recognising the importance of connection with the child's family, community, culture, traditions and language'.
•Blue Card Liaison Officers in First Nations communities will receive information to help community members with the blue card processClause 100, amended section 344AEnables the chief executive to share blue card information with Blue Card Liaison Officers — dedicated individuals in First Nations communities who provide advice, assist with applications, and make referrals to culturally appropriate support services.

12/6/2024· Hon Y D'Ath MPChildren & FamiliesJustice & RightsCommittee: pass

Land and Other Legislation Amendment Bill (No. 2) 2023

PassedThis bill became law.

•Offensive or culturally harmful place names can be removed faster without requiring lengthy public consultationClause 116 (new section 10)The chief executive can dispense with publication if the name is distressing to a community including Aboriginal people or Torres Strait Islander people, having regard to its historical or cultural significance.
•Place naming reforms support Path to Treaty outcomes, allowing consultation already conducted through Treaty processes to inform naming decisionsClause 116 (new section 10(1)(d))Publication may be dispensed with if the proposal has already been subject to adequate consultation, including outcomes of Path to Treaty.
•The renaming of Fraser Island Recreation Area to K'gari is supported by enabling recreation areas to be renamed by regulationClause 130 (new section 8A)A regulation may change the name of a recreation area, enabling alignment with the official change from Fraser Island to K'gari.
•Native title protections are maintained — any land tenure changes must comply with the Native Title Act 1993 and the Native Title (Queensland) Act 1993Clause 18 (amendment of section 28)Actions taken under the Land Act, including by trustees of trust land, must not be inconsistent with native title legislation.

15/11/2023· Hon S Stewart MPEnvironmentRegional QueenslandGovernment & ElectionsCommittee: pass (dissent)

Public Records Bill 2023

Passed (amended)This bill became law after being modified during debate.

•Records relating to Aboriginal and Torres Strait Islander peoples must be managed with care to support truth-telling, treaty negotiations and cultural revitalisationSchedule 1, Part 1Principles recognise these records may contain sensitive, inaccurate or offensive content and should support participation in truth-telling and treaty negotiations.
•A new First Nations Advisory Group made up entirely of Aboriginal and Torres Strait Islander people will advise the State Archivist on records affecting their communitiesClauses 64-66The archivist must establish the advisory group consisting only of Aboriginal and Torres Strait Islander persons.
•Aboriginal and Torres Strait Islander people are guaranteed representation on the Public Records Review Committee that oversees records management decisionsClause 50The committee must include one Aboriginal person and one Torres Strait Islander person, each nominated by the relevant Cultural Heritage Act Minister.

12/10/2023· Hon L Enoch MPGovernment & ElectionsTechnology & DigitalCommittee: pass (dissent)

Path to Treaty Bill 2023

Passed (amended)This bill became law after being modified during debate.

•Aboriginal and Torres Strait Islander peoples get a formal, legislated pathway to negotiate treaties with the Queensland Government for the first timePart 2Establishes the First Nations Treaty Institute as an independent statutory body to develop a treaty-making framework and support First Nations peoples to participate in treaty negotiations.
•First Nations communities can share their experiences of colonisation through a Truth-telling and Healing Inquiry with culturally appropriate processesPart 3, Clause 66The Inquiry must conduct truth-telling sessions and hearings having regard to Aboriginal law, Aboriginal tradition, Torres Strait Islander law and Ailan Kastom.
•The Treaty Institute must be governed by Aboriginal and Torres Strait Islander people, with the CEO required to be a First Nations personClauses 19 and 37Council membership is limited to Aboriginal and Torres Strait Islander persons, and the Council must reflect the cultural diversity of First Nations peoples.
•Offensive and outdated language in existing legislation about Aboriginal and Torres Strait Islander people is replaced with respectful terminologyPart 5, Division 2Amends the JLOM Act 1984 to replace terms like 'Aborigine' with 'Aboriginal person' and removes redundant provisions from the colonial era.

22/2/2023· Hon A Palaszczuk MPJustice & RightsGovernment & ElectionsCommittee: pass

Public Sector Bill 2022

Passed (amended)This bill became law after being modified during debate.

•Public sector entities must recognise Aboriginal peoples and Torres Strait Islander peoples as the first peoples of Queensland and support truth-telling and self-determinationClause 21Reframing entities must work in partnership with Aboriginal peoples and Torres Strait Islander peoples, particularly when making decisions directly affecting them.
•Government departments and hospital and health services must create and publish cultural capability plans, with annual audits of performanceClause 23The reframing the relationship plan must identify measures for developing cultural capability when providing advice to government and delivering services to the community.
•Chief executives are personally responsible for ensuring their entities fulfil obligations to support the reframed relationship with First Nations peoplesClause 21(3)While non-compliance does not create a civil cause of action, chief executives are accountable for ensuring their entity fulfils its role.

14/10/2022· Hon A Palaszczuk MPWork & EmploymentGovernment & ElectionsCommittee: pass

Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022

Passed (amended)This bill became law after being modified during debate.

•Cultural safety for Aboriginal and Torres Strait Islander Peoples becomes a guiding principle of the national health registration schemePart 3, Clauses 36-37The scheme must ensure the development of a culturally safe and respectful health workforce that is responsive to Aboriginal and Torres Strait Islander Peoples and contributes to the elimination of racism in health services.
•Building the health workforce's capacity to provide culturally safe services to First Nations peoples becomes a formal objective of the schemePart 3, Clause 36 (amendment of section 3)New objective added to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples.

11/5/2022· Hon Y D'Ath MPHealthJustice & RightsCommittee: pass

Inspector of Detention Services Bill 2021

PassedThis bill became law.

•When inspecting detention of Aboriginal or Torres Strait Islander people, the Inspector must arrange for an appropriate Indigenous representativeClause 9(4)-(5)The Inspector must arrange for a person who identifies as an Aboriginal person or Torres Strait Islander and has appropriate authority to speak about Aboriginal tradition or Island custom.
•The Inspector's staff should reflect the cultural diversity of the detainee population, including representing First Nations peopleClause 36(3)(b)The Inspector must take into account the desirability of delegates reflecting the social and cultural diversity of, and vulnerabilities within, the population of detainees, including representing persons who identify as Aboriginal persons or Torres Strait Islanders.

28/10/2021· Hon S Fentiman MPJustice & RightsChildren & FamiliesCommittee: pass

Brisbane Olympic and Paralympic Games Arrangements Bill 2021

Passed (amended)This bill became law after being modified during debate.

•At least one independent director on the board must be an Aboriginal or Torres Strait Islander personClause 18(6)At least 1 director nominated as an independent director must be an Aboriginal or Torres Strait Islander person.
•The organising committee must follow Queensland Government procurement policy, including procurement from Indigenous businessesClause 10(1)(d)The corporation must ensure goods and services are procured in accordance with the Queensland Government's policy about procurement, including procurement from Indigenous businesses.

27/10/2021· Hon A Palaszczuk MPGovernment & ElectionsBusiness & EconomyCommittee: pass

Child Protection Reform and Other Legislation Amendment Bill 2021

PassedThis bill became law.

•The Aboriginal and Torres Strait Islander Child Placement Principle must now be applied with 'active efforts' — purposeful, thorough and timely — not just consideredClause 12 (section 5F, formerly 6AA)Replaces the requirement to 'have regard to' the child placement principle with a duty to 'make active efforts to apply' it, defined as purposeful, thorough and timely efforts.
•Aboriginal and Torres Strait Islander families can choose whether and how an independent entity is involved in their child protection mattersClause 14 (new section 5H)Clarifies that Aboriginal and Torres Strait Islander families and children can consent or not consent to the involvement of an independent entity, and can choose who the entity is and how it participates.
•The definition of 'kin' is updated to properly recognise Aboriginal tradition and Island custom in determining who is family for a childClause 68 (Schedule 3 dictionary amendments)Kin now includes persons regarded as kin under Aboriginal tradition or Island custom, and other persons of significance must have a cultural connection with an Aboriginal or Torres Strait Islander child.

15/9/2021· Hon L Linard MPChildren & FamiliesJustice & RightsCommittee: pass

Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021

DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.

•First Nations children, who make up 84% of 10-13 year olds in Queensland detention, would be removed from the criminal justice system entirelyClause 3First Nations children aged 10-17 are 29 times more likely than non-Indigenous children to be sentenced to detention in Queensland.
•Raising the age alone would reduce First Nations youth incarceration by an estimated 17.8%, supporting Closing the Gap commitmentsMore than 90% of children aged 10-13 held in a watch-house for more than 3 nights were Indigenous.
•The bill advocated for investment in Indigenous-led therapeutic programs as alternatives to criminal responses for young childrenThe explanatory notes highlight programs including the Murri School in Brisbane, Olabud Doogethu in the East Kimberley, and Bramung Jaarn for Aboriginal boys aged 10-17.

15/9/2021· Mr M Berkman MPJustice & RightsChildren & FamiliesCommittee: not recommended

Working with Children (Indigenous Communities) Amendment Bill 2021

DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.

•Indigenous community justice groups would have gained the power to make binding recommendations on Blue Card applications for people in their communitiesClause 8, s 231FCommunity justice groups could recommend restricted working with children clearances even where the chief executive would otherwise issue a negative notice.
•The bill recognised that remote Indigenous communities face unique employment barriers under the one-size-fits-all Blue Card systemExplanatory Notes, Policy objectivesUnemployment is chronically high in Indigenous communities and the inflexible Blue Card system is resulting in missed opportunities for social and economic development.
•Community justice groups — including Elders, Traditional Owners and respected community members — would have assessed applicants based on local knowledge of their character and circumstancesClause 8, s 231D(4)Groups must consider police information, work history with children, social standing, and potential community impact of withholding the recommendation.

1/9/2021· Mr R Katter MPChildren & FamiliesWork & EmploymentCommittee: not recommended

Nature Conservation and Other Legislation (Indigenous Joint Management - Moreton Island) Amendment Bill 2020

PassedThis bill became law.

•The Quandamooka People gain formal ownership and joint management of Moreton Island's national park and conservation park, recognising their native title rightsPart 2, Clause 8 (s175A-175B)Prescribed protected areas on Moreton Island become transferable land under the Aboriginal Land Act and may be granted to QYAC as Aboriginal land.
•An indigenous management agreement must be in place before land is granted, ensuring the Quandamooka People have a binding role in how the land is managedClause 8 (s175B)Before prescribed protected areas on Moreton Island are granted as Aboriginal land, the proposed trustee must enter into an indigenous management agreement with the State.
•Tourism and commercial permits on the island cannot be issued without consulting and obtaining consent from the indigenous landholderClause 23 (s35A)The chief executive may issue a permit for a recreation area in an indigenous joint management area only if all requirements under the indigenous management agreement have been satisfied.
•Six new positions and community ranger jobs will be created at QYAC to support joint management of Moreton IslandThe State has allocated funding for the first four years plus recurrent funding, including six new QYAC positions and community rangers on a project basis.

3/12/2020· Hon M Scanlon MPEnvironment

Child Protection and Other Legislation Amendment Bill 2020

PassedThis bill became law.

•For Aboriginal and Torres Strait Islander children, adoption remains the last resort for permanent placement, protecting cultural connectionsClause 8 (new s 5BA(4)(e))Provides that if the child is an Aboriginal or Torres Strait Islander child, the last preference is adoption, consistent with section 7 of the Adoption Act 2009.
•The Child Placement Principle continues to apply for all decisions about Aboriginal and Torres Strait Islander children in careClause 8 (note under new s 5BA(4))References section 5C of the Child Protection Act 1999 which includes the five elements of the Child Placement Principle.
•If adoption is ever identified for an Indigenous child, all protections under the Adoption Act 2009 apply, including that adoption is not part of Aboriginal tradition or Island customClause 9 (new s 51VAA(4))

3/12/2020· Hon L Linard MPChildren & FamiliesJustice & RightsCommittee: pass

56th Parliament (2017–2020)11 bills

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

Passed (amended)This bill became law after being modified during debate.

•Torres Strait Islander families can now have their traditional child rearing practice legally recognised for the first time in Australian lawPart 1, Clause 4The purpose of this Act is to recognise Ailan Kastom child rearing practice and establish a process for making applications for, and decisions about, the legal recognition of the practice.
•The Commissioner who decides applications must be a Torres Strait Islander, ensuring cultural understanding guides the processClause 11The Minister may recommend a person for appointment only if the person is a Torres Strait Islander and the Minister is satisfied the person is appropriately qualified.
•The bill's title incorporates Torres Strait Islander language — the first Queensland legislation to do soThe words 'Meriba Omasker Kaziw Kazipa' are language terms from the Eastern islands and top Western islands, translated as 'For our children's children'.
•Information sacred or secret under Ailan Kastom is protected from disclosure, with penalties of up to 100 penalty units or 2 years imprisonmentClause 102An administrator must not disclose confidential information including information of a secret or sacred nature according to Ailan Kastom.

16/7/2020· Ms C Lui MPChildren & FamiliesJustice & RightsCommittee: pass (dissent)

Health Legislation Amendment Bill 2019

Passed (amended)This bill became law after being modified during debate.

•Health equity for Aboriginal and Torres Strait Islander people is now a guiding principle of Queensland's public health systemClause 8Inserts guiding principles committing to achieving health equity and delivering responsive, capable and culturally competent health care to Aboriginal and Torres Strait Islander people.
•Every Hospital and Health Service must develop a strategy to achieve health equity for Aboriginal and Torres Strait Islander peopleClause 13Requires each Hospital and Health Service to develop and publish a health equity strategy specifying activities to achieve health equity for Aboriginal and Torres Strait Islander people.
•All Hospital and Health Boards must include at least one Aboriginal and/or Torres Strait Islander memberClause 11One or more of the members of a board must be Aboriginal persons or Torres Strait Islander persons.

28/11/2019· Hon S Miles MPHealthJustice & RightsCommittee: pass

Biodiscovery and Other Legislation Amendment Bill 2019

PassedThis bill became law.

•First Nations peoples gain the legal right to consent before their traditional knowledge is used in scientific research or commercialisationClause 10 (new section 9B)A person must take all reasonable and practical measures to ensure traditional knowledge is used for biodiscovery only with the agreement of the custodians of the knowledge.
•Aboriginal and Torres Strait Islander communities can negotiate benefit sharing agreements on mutually agreed terms when their knowledge is usedClause 10 (new Part 2A)Benefit sharing must be negotiated on mutually agreed terms between the custodian of traditional knowledge and the biodiscovery entity.
•These protections apply state-wide, not just on State land, closing a gap that previously left traditional knowledge unprotected on private landClause 10 (new section 9A)This part applies in relation to taking and using native biological material for biodiscovery, regardless of whether or not the material is taken from State land or Queensland waters.
•First Nations peoples must be consulted in developing the code of practice that guides how companies fulfil their obligationsClause 10 (new section 9D)In preparing the traditional knowledge code of practice, the Minister must consult with Aboriginal and Torres Strait Islander groups in Queensland and biodiscovery entities.

26/11/2019· Hon L Enoch MPEnvironmentBusiness & EconomyCommittee: pass (dissent)

Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019

PassedThis bill became law.

•Traditional Owners can receive freehold land grants under Indigenous Land Use Agreements without the cost and delay of lodging a new native title claimClause 14 (new s 123A)Unallocated state land may be granted as freehold, without competition, to people who would have held native title but for prior extinguishment.
•The Cape York Peninsula Region boundary is expanded to include additional Daintree National Park land, supporting transfer to Eastern Kuku Yalanji Aboriginal ownershipClause 4 (Part 2)Includes four land parcels added to the Daintree National Park since 2007 plus three parcels of state land, enabling transfer to Aboriginal ownership.

23/10/2019· Hon A Lynham MPGovernment & ElectionsTechnology & DigitalCommittee: pass

Health and Wellbeing Queensland Bill 2019

Passed (amended)This bill became law after being modified during debate.

•At least one board member of the new health agency must be an Aboriginal person or Torres Strait IslanderClause 18(4)At least 1 board member must be an Aboriginal person or a Torres Strait Islander.
•The agency has a specific focus on closing the health gap for Indigenous Queenslanders, whose disease burden is 2.2 times that of non-Indigenous QueenslandersClause 10(b)HWQ's objective includes reducing health inequity, with the EN noting Indigenous Queenslanders' rates of death due to lifestyle-related chronic conditions are 70% higher.

28/2/2019· Hon S Miles MPHealthRegional QueenslandCommittee: pass

Natural Resources and Other Legislation Amendment Bill 2019

Passed (amended)This bill became law after being modified during debate.

•Around 130 leases held by deceased intestate Aboriginal and Torres Strait Islander lessees can now be resolved through a simplified vesting processClause 5, new s 69AProvides for the vesting of ownership of leases in the entitled successor identified under the JLOMA Act, where the lessee died intestate and the estate is not being administered.
•Land grant processes for Aboriginal and Torres Strait Islander communities are sped up by replacing regulation-making with ministerial declarationsClauses 10-17, 86-94Replaces the subordinate legislation process with a ministerial declaration process for matters including making land available for grant as inalienable freehold.
•Cape York Peninsula Tenure Resolution Program commitments are reinstated for land tenure assessments with no sunset clauseClause 39, amended s 16Evaluations of most appropriate tenure and use will continue taking into account commitments and undertakings arising from Cape York agreements, without a further sunset clause.

26/2/2019· Hon A Lynham MPEnvironmentBusiness & EconomyGovernment & ElectionsCommittee: pass (dissent)

Human Rights Bill 2018

PassedThis bill became law.

•Aboriginal and Torres Strait Islander peoples have distinct cultural rights recognised in law, including rights to maintain identity, language, kinship ties, and spiritual connection to landClause 28Modelled on ICCPR article 27 and UNDRIP articles 8, 25, 29 and 31, recognising rights to enjoy, maintain, control, protect and develop cultural heritage.
•First Nations peoples have a right not to be subjected to forced assimilation or destruction of their cultureClause 28(3)
•The Preamble recognises that human rights have special importance for Aboriginal and Torres Strait Islander peoples and acknowledges the right to self-determinationPreamble, paragraph 6

31/10/2018· Hon Y D'Ath MPJustice & RightsGovernment & ElectionsCommittee: pass (dissent)

Working with Children Legislation (Indigenous Communities) Amendment Bill 2018

DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.

•Community Justice Groups — made up of Elders, traditional owners and respected community members — would have gained binding decision-making power over Blue Card applications in their community areaClause 7, s 231EIf the community justice group makes a recommendation, the chief executive must issue a restricted positive notice for the community area.
•Around 50 Community Justice Groups across Queensland would have taken on a formal statutory role in the Blue Card system for the first timeClause 11Adds making recommendations under Division 9A to the functions and powers of community justice groups.
•The bill recognised that remote Indigenous communities are better placed than a centralised system to assess whether a reformed individual poses a risk to local childrenClause 7, s 231C(4) and s 231E(4)Community justice groups must consider the person's social standing and participation within the community area, and whether withholding the recommendation would negatively impact the community's social or economic wellbeing.

17/10/2018· Mr R Katter MPChildren & FamiliesWork & EmploymentCommittee: not recommended

Revenue and Other Legislation Amendment Bill 2018

Passed (amended)This bill became law after being modified during debate.

•Possessing turbo yeast or other substances intended for making homemade alcohol is now an offence in nine Indigenous communitiesClause 90New offence for possessing a substance or combination of substances (other than home-brew concentrate) with the intention of using it to make homemade alcohol.
•Everyday items like yeast or sugar are not caught by the new offence unless there is clear intent to make alcoholClause 90The offence is triggered by the intention to use the substance to make homemade alcohol, not mere possession for ordinary purposes.
•Cultural heritage decisions made before the Nuga Nuga court ruling are confirmed as valid and lawfulClauses 95-98, 107-111Validates decisions and actions taken under the Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003 based on the previous interpretation of the 'last claim standing' provision.
•Stakeholders who started cultural heritage management processes before the law change will not be disadvantagedClauses 98, 111Transitional provisions ensure sponsors who commenced consultation processes to notify Aboriginal or Torres Strait Islander parties are not disadvantaged by the amendment.

22/8/2018· Hon J Trad MPGovernment & ElectionsJustice & RightsCommittee: pass

Mineral, Water and Other Legislation Amendment Bill 2018

Passed (amended)This bill became law after being modified during debate.

•Water plans must now include specific cultural outcomes for Aboriginal peoples and Torres Strait IslandersClause 242 (amended s 43)Cultural outcomes are stated separately from economic, social and environmental outcomes in water plans.
•The Minister must consider Aboriginal and Torres Strait Islander interests when preparing water plansClause 243 (new s 45(2)(h))The Minister must consider the interests of Aboriginal parties or Torres Strait Islander parties in relation to water resources for the plan area.
•The definition of 'environment' in the Water Act is expanded to include cultural conditions, strengthening Indigenous protectionsClause 281 (amended sch 4)Aligns with the Environmental Protection Act 1994 definition, which includes cultural conditions alongside social, economic and aesthetic conditions.

15/2/2018· Hon A Lynham MPEnvironmentBusiness & EconomyCommittee: pass

Land, Explosives and Other Legislation Amendment Bill 2018

Passed (amended)This bill became law after being modified during debate.

•Aboriginal and Torres Strait Islander communities gain more flexibility in having land granted to their chosen body corporate, even outside native title determination areasClause 8 (amendment of section 40, Aboriginal Land Act 1991)Minister may appoint a Registered Native Title Body Corporate as grantee where there has been no determination that native title exists.
•Social housing prices on Indigenous land can now be set by agreement between trustees and government, recognising unique community circumstancesClause 6 (amendment of section 32R, Aboriginal Land Act 1991)Price of social housing can be decided by agreement between the housing chief executive and the trustee as an alternative to valuation methodology.
•The Shelburne and Bromley properties on Cape York Peninsula are permanently protected from miningClause 19 (new section 27A, Cape York Peninsula Heritage Act 2007)Mining interests cannot be applied for or granted in relation to this protected Aboriginal freehold land.

15/2/2018· Hon A Lynham MPSafety & EmergencyEnvironmentBusiness & EconomyHousing & RentingCommittee: pass

55th Parliament (2015–2017)19 bills

Land, Explosives and Other Legislation Amendment Bill 2017

Lapsed

•Your community can have its own native title corporation hold land even if native title has not been formally determined yetClauses 8, 9, 11, 12, 14, 301-307The Minister may appoint a Registered Native Title Body Corporate as grantee where native title has not been determined, if satisfied it is appropriate.
•Social housing prices in discrete Indigenous communities can be set by agreement with the housing department instead of only by a valuation formulaClauses 6, 15, 299, 308The 'price' of a social housing dwelling can be decided by agreement between the housing chief executive and the trustee as an alternative to the existing valuation methodology.
•Shelburne Bay and Bromley are permanently protected from mining, petroleum and gas applicationsClause 19New section 27A of the Cape York Peninsula Heritage Act 2007 bans the grant of any mining interest over specified Aboriginal freehold land at Shelburne Bay and Bromley.

10/10/2017· Hon Dr A Lynham MPEnvironmentSafety & EmergencyHousing & RentingBusiness & Economy

Mineral, Water and Other Legislation Amendment Bill 2017

Lapsed

•Water plans must now state cultural outcomes for Aboriginal peoples and Torres Strait Islanders, separate from economic, social and environmental outcomesClause 238Amends section 43 of the Water Act 2000 to provide for the inclusion of cultural outcomes in water plans to support the protection of cultural values.
•The Minister must consider the interests of Aboriginal and Torres Strait Islander parties when preparing draft water plansClause 239Amends section 45 of the Water Act 2000 to require consideration of the interests of Aboriginal parties or Torres Strait Islander parties in the water resources.
•Environmental flow objectives in water plans are expanded to protect cultural and social outcomes, not just ecological onesClause 276

22/8/2017· Hon Dr A Lynham MPEnvironmentBusiness & EconomyRegional Queensland

Child Protection Reform Amendment Bill 2017

Passed (amended)This bill became law after being modified during debate.

•Queensland law will formally recognise the right of Aboriginal and Torres Strait Islander people to self-determination in child protectionClause 7 (new s 5C)Inserts the principle that Aboriginal and Torres Strait Islander people have the right to self-determination and embeds the five child placement principles: prevention, partnership, placement, participation and connection.
•Families can nominate a person or organisation with cultural authority to participate in decisions about their child, instead of relying on a departmental 'recognised entity'Clause 8 (new s 6, 6AA)Replaces 'recognised entity' with 'independent Aboriginal or Torres Strait Islander entity' which can be an elder, relative, cultural advocacy group, or funded service chosen with family consent.
•The CEO of an Aboriginal or Torres Strait Islander organisation can be given powers to make child protection decisions for a specific childClause 48 (new ch 4, pt 2A; ss 148BA-148BI)Allows the chief executive to delegate functions and powers over a named Aboriginal or Torres Strait Islander child to the CEO of an appropriate Indigenous entity who holds a blue card and is accepted as suitable.
•If an Aboriginal or Torres Strait Islander child must be placed in care, the law sets a clear order of preference favouring the child's family, community and cultureClause 46 (s 83)Places the child first with family group members, then community or language group, then another Aboriginal or Torres Strait Islander person, then someone who can maintain connection to kin, country and culture.

9/8/2017· Hon S Fentiman MPChildren & FamiliesJustice & RightsCommittee: pass

Working with Children Legislation (Indigenous Communities) Amendment Bill 2017

Lapsed

•Your Community Justice Group would have been able to decide whether a local person with certain past convictions could work with children in your communityClause 7 (new Division 9A)A Community Justice Group may recommend the chief executive issue an interim restricted or restricted positive notice for the community area.
•Decisions about working with children would take into account a person's standing in the community and the social and economic wellbeing of the communityNew sections 231C and 231EThe group must consider the person's social standing, participation in the community, and whether withholding the recommendation would harm the community's social or economic wellbeing.
•A blue card issued this way would only be valid in your specific community area, not anywhere else in QueenslandNew section 231HA restricted positive notice applies only to regulated employment or a regulated business in the community area.
•This bill was introduced by Mr Robbie Katter MP but lapsed at the end of the 55th Parliament, so it did not become law

14/6/2017· Mr R Katter MPChildren & FamiliesWork & Employment

Healthy Futures Commission Queensland Bill 2017

Lapsed

•When deciding what to fund, the Commission must take into account the views and needs of Aboriginal and Torres Strait Islander communitiesClause 9(3)(b)(i)The Commission must take into account the views, needs and vulnerabilities of groups experiencing health inequity, including Aboriginal and Torres Strait Islander communities.
•The Commission is specifically designed to address the significantly worse health outcomes faced by Indigenous QueenslandersThe explanatory notes cite that the disease and injury burden for Indigenous Queenslanders is 2.2 times the non-Indigenous burden, and obesity rates are 39 per cent higher.

23/5/2017· Hon CR Dick MPHealthChildren & Families

Criminal Law Amendment Bill 2016

PassedThis bill became law.

•The reforms were developed with input from the Aboriginal and Torres Strait Islander Legal Service as part of the criminal law consultationThe explanatory notes list ATSILS among the legal stakeholders consulted on the section 304 and general criminal law amendments.

30/11/2016· Hon Y D'Ath MPJustice & RightsCommittee: pass

Land and Other Legislation Amendment Bill 2016

Passed (amended)This bill became law after being modified during debate.

•Subdivisions of Indigenous deed of grant in trust (DOGIT) land will be handled only under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991, removing a duplicate ministerial approval step under the Land ActClause 23Removes the requirement for the Minister under the Land Act to approve plans of subdivision for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

29/11/2016· Hon Dr A Lynham MPHousing & RentingGovernment & ElectionsCommittee: pass

Stock Route Network Management Bill 2016

Lapsed

•Aboriginal cultural heritage sites along stock routes - including sites on the Aboriginal Cultural Heritage Database - can be declared 'state special interest areas' to protect them from stock and harvesting activityClause 13The responsible chief executive may decide to identify an area that contains a feature of cultural heritage as a State special interest area if the area is on the Aboriginal Cultural Heritage Database or a register under the Aboriginal Cultural Heritage Act 2003.
•The exact location of sensitive cultural heritage sites can be recorded in a generic way on the public register to avoid exposing them to harmClauses 10, 13If the responsible chief executive considers registering information about the special interest area may pose a risk of adversely affecting the area, the responsible chief executive may give the information in a way that minimises the risk.
•Native title is not affected by registering a road, route or reserve as part of the stock route networkClause 8Registration of the road, route or reserves does not affect (extinguish or suppress) native title as the registration does not change the tenure of the land.
•Native Title representative bodies and Aboriginal groups were consulted directly during the development of the billIn developing the Bill, the Department of Natural Resources and Mines has consulted extensively with key stakeholder groups—the LGAQ, local governments, AgForce, drovers, conservation organisations and Native Title representative bodies.

3/11/2016· Hon Dr A Lynham MPRegional QueenslandEnvironmentCommittee: not recommended

Adoption and Other Legislation Amendment Bill 2016

PassedThis bill became law.

•Grandparents, grandchildren, and people recognised as parents or children under Aboriginal tradition or Torres Strait Island custom can now request or consent to the release of adoption informationClause 44 (s 249)Broadens the definition of 'relative' to include, for an Aboriginal person, a person regarded as a parent or child under Aboriginal tradition, and for a Torres Strait Islander, under Island custom.
•Future generations in Aboriginal and Torres Strait Islander families can help preserve family history by accessing adoption records if birth parents or the adopted person have diedClause 44 (s 249)Acknowledges that future generations or specified persons recognised under Aboriginal tradition or Island custom may wish to support an adopted person to access information about their birth family.

14/9/2016· Hon S Fentiman MPChildren & FamiliesJustice & Rights

Youth Justice and Other Legislation Amendment Bill 2016

Passed (amended)This bill became law after being modified during debate.

•Aboriginal and Torres Strait Islander community justice groups and respected community members can take part in court hearings and conferencesClause 5 (new s 20) and Clause 16 (new s 34)For an Aboriginal or Torres Strait Islander child, the convenor must consider inviting a respected community person or a community justice group representative to the conference.
•Expanded diversion options help address the overrepresentation of Aboriginal and Torres Strait Islander young people in the youth justice systemThe strategy is aimed at reducing the risk of children being unnecessarily criminalised and is described as fundamental to addressing the overrepresentation of Aboriginal and Torres Strait Islander young people in the youth justice system.

21/4/2016· Hon Y D'Ath MPJustice & RightsChildren & Families

Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016

DefeatedThis bill was defeated at the second reading — the main debate on its principles. It cannot proceed further.

•Vegetation on indigenous land is newly regulated in the same way as leasehold land used for agriculture or grazingClauses 4 and 8Extends the high-value regrowth and category C clearing provisions to freehold and indigenous land.
•Title holders of indigenous land are expressly covered by the 'occupier' definition, meaning they can be presumed responsible for unauthorised clearing on the landClause 6 (new s67A)Defines occupier to include the holder of title to indigenous land for the purposes of the reverse onus of proof provision.

17/3/2016· Hon J Trad MPEnvironmentRegional Queensland

Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill 2016

Passed (amended)This bill became law after being modified during debate.

•At least one Sentencing Advisory Council member must be an Aboriginal person or Torres Strait IslanderClause 5, section 201(2)The Bill provides that at least one member of the QSAC must be an Aboriginal person or Torres Strait Islander.
•The Attorney-General must consider expertise in justice matters relating to Aboriginal people and Torres Strait Islanders when recommending membersClause 5, section 201(3)(b)Expertise or experience in justice matters relating to Aboriginal people or Torres Strait Islanders is listed as relevant to council appointments.
•The council's work is intended to help address overrepresentation of Aboriginal and Torres Strait Islander people in the criminal justice systemThe explanatory notes state the requirement supports understanding of issues facing Aboriginal and Torres Strait Islander people that contribute to their overrepresentation in the criminal justice system.

15/3/2016· Hon A Palaszczuk MPJustice & Rights

Electricity and Other Legislation Amendment Bill 2016

Passed (amended)This bill became law after being modified during debate.

•The Aboriginal and Torres Strait Islander Communities Act is updated to modernise the statutory body running community stores, renamed Community Enterprise QueenslandClauses 6-7Part 7A is renamed and the Island Industries Board is continued in existence as Community Enterprise Queensland.
•Stores serving mostly Aboriginal and Torres Strait Islander residents must apply operating surpluses to support community wellbeing, health and safety initiatives and the knowledge and skills of local residentsClause 29 (section 60Y)In applying operating surplus and assets, priorities include pricing policy for essentials and providing support for initiatives relating to community wellbeing, health and safety.
•Local residents or resident-controlled entities can apply to take over a community store, subject to Minister and Treasurer approvalClause 29 (section 60Y(4)-(6))Community Enterprise Queensland may enter into arrangements with residents or an incorporated entity controlled by residents to transfer an operating business, with Minister and Treasurer written approval required.

15/3/2016· Hon C Pitt MPCost of LivingRegional QueenslandGovernment & ElectionsCommittee: pass

Mineral Resources (Aurukun Bauxite Resource) Amendment Bill 2016

Passed (amended)This bill became law after being modified during debate.

•Wik and Wik Way Traditional Owners get a formal right to object to bauxite mining on their Cape York land and have the Land Court hear those objectionsClause 6Extends sections 252-253, 260, 265, 268-269 of the Mineral Resources Act to Aurukun mining lease applications, enabling public notice, objection periods and Land Court hearings.
•The Ngan Aak-Kunch Aboriginal Corporation, which owns most of the Restricted Area, was specifically consulted on the changesApproximately 730,000 hectares of land around Aurukun was transferred to the NAK as Aboriginal freehold tenure in September 2013, including most of Restricted Area 315.
•Decisions about mining on this land can now be challenged in court instead of being treated as final and beyond reviewClause 5Omits section 231K, which had made Aurukun mineral development licence decisions final, conclusive and unreviewable by any court or tribunal.

16/2/2016· Hon A Lynham MPEnvironmentRegional QueenslandCommittee: pass

North Stradbroke Island Protection and Sustainability and Others Acts Amendment Bill 2015

Passed (amended)This bill became law after being modified during debate.

•The Quandamooka People regain non-exclusive native title rights over former mining lease areas on Minjerribah years earlier than plannedNative title rights currently suppressed while mining leases are in force; leases now end by 2019 rather than 2035.
•Changes to the Enterprise Mine path can only be approved if there is an Indigenous Land Use Agreement covering the landClause 13 (new s 19(2)(e))
•Any application to expand mining into new areas must include a cultural heritage study and cannot significantly increase impacts on Aboriginal cultural heritageClause 13 (new ss 18, 19)
•Native title holders can claim compensation directly from a company that enters their land for mine rehabilitation under the new authorisationClause 30 (new s 348)

3/12/2015· Hon Dr S Miles MPEnvironmentBusiness & Economy

North Stradbroke Island Protection and Sustainability (Renewal of Mining Leases) Amendment Bill 2015

WithdrawnThis bill was withdrawn from consideration and will not become law.

•An earlier end to sand mining on Minjerribah (North Stradbroke Island) was proposed as part of a longstanding debate over mining, Aboriginal land rights and the environmentThe explanatory notes frame the bill in the context of interconnected issues of mining, Aboriginal land rights and the environment on North Stradbroke Island.
•The bill was discharged, so the proposed earlier mining shutdown did not proceed

27/10/2015· Mr Knuth MPEnvironmentRegional QueenslandCommittee: not recommended

Nature Conservation and Other Legislation Amendment Bill 2015

Passed (amended)This bill became law after being modified during debate.

•Regional parks on Cape York Peninsula can be transferred directly to Aboriginal traditional owners as jointly managed national parks without first being revokedClause 35Amends section 174 of the Aboriginal Land Act 1991 so regional parks in the Cape York Peninsula Region can be declared transferable land by regulation.
•Speeds up the Cape York Peninsula Tenure Resolution Program including current negotiations over Jardine and Heathlands Regional ParksClauses 33-35Removes the requirement for regional parks to be revoked before conversion to jointly managed national park (Cape York Peninsula Aboriginal land).
•Protections for indigenous involvement and native title rights in park management are preserved in other sections of the ActThe explanatory notes state reinstating the sole object will not restrict or prevent the exercise of native title rights and will not change how QPWS works with indigenous people.

27/10/2015· Hon Dr S Miles MPEnvironmentRegional QueenslandCommittee: not recommended

Multicultural Recognition Bill 2015

PassedThis bill became law.

•The Multicultural Queensland Charter begins by honouring Aboriginal and Torres Strait Islander peoples as the First Australians and acknowledging their enduring culturesSchedule 1The Charter honours the Aboriginal peoples and Torres Strait Islander peoples, the First Australians, whose lands, winds and waters we all now share, and their ancient and enduring cultures.

27/10/2015· Hon S Fentiman MPGovernment & ElectionsJustice & RightsCommittee: pass

Family Responsibilities Commission Amendment Bill 2015

Passed (amended)This bill became law after being modified during debate.

•If you live in Aurukun, Coen, Doomadgee, Hope Vale or Mossman Gorge, a domestic violence protection order against you will now be reported to the Family Responsibilities CommissionClause 6Courts must issue a court advice notice to the FRC when a protection order is made against a person who lives or has lived in a welfare reform community area.
•Aboriginal and Torres Strait Islander Local Commissioners who chair conferences can now exercise more of the Commissioner's powers, increasing their authorityClause 3The Commissioner may delegate functions for a conference, including income management decisions, to the chairperson when appropriately qualified.
•The Commission can now call in community members for case conferencing over domestic violence, potentially leading to referrals or income managementClause 6

13/10/2015· Hon Pitt MPJustice & RightsChildren & FamiliesCommittee: pass