Maher flags changes to SA First Nations Voice after Native Title fears

An open letter from Aboriginal leaders on concerns they had over how SA’s Voice to Parliament and Native Title fit together will trigger a rethink, the Attorney-General says.

South Australia’s Attorney-General says changes will be made to the statewide First Nations Voice to parliament to ensure it will not “impinge” on Native Title rights after “concerns” were raised in an open letter by Aboriginal leaders.

SA will become the first state in the country to have an elected Indigenous Voice to parliament after the SA Greens confirmed on Thursday they would back the state government’s proposal.

Attorney-General and Aboriginal Affairs Minister Kyam Maher said the Bill was being restructured and would incorporate “concerns” raised by Native Title holders.

“We will be incorporating some of the concerns that they have raised,” he said.

“We will make changes to the Bill that make it very clear that the Voice does not impinge in any way on any relationship that any group or any formal agreement, including the operation of Native Title and Native Title bodies.

“We will be looking for a way to formally include Native Title prescribed body corporates as having a formal role in the Voice process.”

Aboriginal Affairs Minister Kyam Maher and Dale Agius, Commissioner for First Nations Voice to Parliament. Picture: Roy VanDerVegt

An open-letter signed by more than 20 chairpersons and CEOs of Native Title bodies called for the government to “build” Native Title into the final model.

The open-letter said there were many “positive elements” about the proposed model, but encouraged the government to use existing Native Title prescribed body corporates across the state.

The letter also said the final Bill should ensure that the boundaries of the proposed regions for the Voice had at least four to five Native Title groups per region, which could make up Local Voices.

In SA, there are more than 30 Native Title bodies that have positive determinations and recognise the ongoing existence of Aboriginal people for tens of thousands of years.

The Native Title Act provides a legal framework to manage interests in lands and waters held or claimed by Aboriginal peoples.

Keith Thomas, CEO of Native Title. Picture: Caleb Sweeting.

CEO of SA Native Title Services Keith Thomas said he was keeping an “open-mind” about the final Bill and hoped there would be further engagement with Native Title holders before it is released. “It would be interesting to see how that reform comes about, but yeah, I’ll keep an open mind until I see the changes,” he said.

The draft Bill proposed a 40-member model with representatives from six regions across the state, with an even number of male and female representatives. Out of the 40-members, 12 would then be chosen by already elected members from each region and would go on to form the State First Nations Voice.

Mr Thomas also raised concerns about how people would be elected, as traditional Aboriginal cultural protocols only allows leaders from specific First Nations the right to act, talk or negotiate on behalf of their communities: “It’s only the traditional owners that can speak for their country, that can speak for the community, can speak for culture.”

What the SA Voice Draft Bill proposed

* 40 members: The advisory body would consist of an even number of 40 elected men and women across the state.

* Out of the 40: 12 members would be chosen by elected members from each region to form a state First Nations Voice

* 6 Regions: Elected members would represent six regions across the state called the Local First Nations Voice.

* Each region would have six representatives excluding the metro area which would have 10 due to a larger population.

* Local First Nations Voice: The local voice would meet up to 6 times a year to discuss issues within their region and collaborate with public sector agencies, local government and other organisations.

* State First Nations Voice: The state Voice would be able to advise and address Parliament and the Executive Government directly on Indigenous issues.

* Parliament: The state Voice would be entitled to be heard on bills in parliament, present reports and make annual addresses to parliament.

* Elections: Only First Nations people enrolled to vote on the state electoral roll will be able to vote for members within the region that they live.

* The first election would be a stand-alone but would later run at the same time as state elections.

* Nomination: First Nations people would be able to nominate themselves from wherever they are on the electoral roll or wherever their First Nations country is.

Originally published as Maher flags changes to SA First Nations Voice after Native Title fears