CHAPTER 3

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Table of Contents

CHAPTER 3

The Evatt Report

Origin

3.1 On 20 October 1995 the then Minister for Aboriginal and Torres Strait Islander Affairs, Hon Robert Tickner, announced that he had invited a retired judge, the Hon Elizabeth Evatt AC, to undertake a comprehensive review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. In June 1996 a draft report was provided to the Minister in the following government, Senator the Hon John Herron; and on 22 August 1996 Elizabeth Evatt submitted the final text.

Terms of Reference

3.2 Ms Evatt had been asked to respond to terms of reference [1] in fifteen parts:

The review was required to report six months after it commenced.

Policy Goals of the Review

3.3 Ms Evatt has detailed the policy goals adopted by her review (pp.xv, xvi); they were as follows:

Problems with the Act

3.4 Ms Evatt conducted the first review of the Act in ten years. She found a range of problems that formed the basis of her proposals to reform the Act. The following problems can be identified from the Summary of the Report (pp.xiii, xiv) under four headings:

Uncertainty and delays

Fair procedures not spelled out

Impeding development

Lack of Aboriginal involvement and respect for custom

3.5 This Committee report considers each of these four problems identified in the Evatt Report.

Recommendations

3.6 The Evatt Report contained some 58 recommendations; they are reproduced at Appendix 6 to this report.

Government Response

3.7 The Commonwealth Government has commented as follows at the conclusion of the Second Reading speech on the Hindmarsh Island Bridge Bill:

3.8 ATSIC has drawn up a list of the major differences between the Evatt Report and the Government's proposals for modifying the Act; the list is reproduced as Appendix 7 to this report.

 

Footnotes

[1] Evatt Report, p.iii.

[2] Senate Hansard, 18 November 1996, p.5423.