❓ A WA parliamentary question probes the Department of Indigenous Affairs (DIA) regarding new 'Registrar's Guidelines' and their potential impact on the registration and protection of Aboriginal heritage sites. The Minister denies the implementation of the guidelines and any resulting negative impact.
AnsweredQoN 5449Legislative Council
QuestionView source ↗
I refer to recent changes in internal processes within the Department of Indigenous Affairs (DIA) referred to as the new 'Registrar's Guidelines', and ask -
(1) Are DIA staff required to implement the policies outlined in the new 'Registrar's Guidelines', which principally concern a strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the
Aboriginal Heritage Act 1972
(Act)?
(2) If yes to (1), why?
(3) If no to (1), what are staff being required to do under the new 'Registrar's Guidelines'?
(4) Will the Minister table a copy of the new 'Registrar's Guidelines'?
(5) If no to (4), why not?
(6) Have any other documents or directives which may be implied to be the new 'Registrar's Guidelines' been provided to staff to direct or guide staff in respect of the strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the Act?
(7) If yes to (6), what is this guideline or document called?
(8) If yes to (6), why?
(9) If yes to (6), will the Minister table copies of such documents or directives?
(10) What impact will such a strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the Act have on the current validity of the vast majority of places and objects currently contained in the DIA Aboriginal Heritage Information System (AHIS) and the Register of Aboriginal Sites established under section 38 of the Act?
(11) Will such an application effectively result in greater than 50 per cent of all Aboriginal heritage places and objects in this State being disqualified from legal protection under the Act?
(12) If no to (11), why not?
(13) It is correct that the Register of Aboriginal sites, which currently contains records of approximately 30,000 Aboriginal places and objects, will be reviewed in accordance with the new 'Registrar's Guidelines'?
(14) Based on the new narrower interpretation of section 5, what percentage of Aboriginal heritage places and objects will no longer qualify for legal protection under the Act?
(15) Will any Aboriginal heritage places that do not meet the new narrower interpretation of section 5 be taken off the Register of Aboriginal sites?
(16) Have any Aboriginal heritage places been removed from the Register of Aboriginal sites this year?
(17) If yes to (16), why?
(18) If yes to (16), how many?
(19) If yes to (16), in which months were these removed?
(20) If yes to (16), were the informants, claimants or Native Title representative bodies advised?
(21) If no to (20), why not, given this Government's stated commitment to procedural fairness and natural justice?
(22) Given that the State Government has a commitment to the Burra Charter for the protection of heritage places; does the removal of any Aboriginal heritage places from the Aboriginal Heritage register breach the State commitment to the Burra Charter?
(1) Are DIA staff required to implement the policies outlined in the new 'Registrar's Guidelines', which principally concern a strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the
Aboriginal Heritage Act 1972
(Act)?
(2) If yes to (1), why?
(3) If no to (1), what are staff being required to do under the new 'Registrar's Guidelines'?
(4) Will the Minister table a copy of the new 'Registrar's Guidelines'?
(5) If no to (4), why not?
(6) Have any other documents or directives which may be implied to be the new 'Registrar's Guidelines' been provided to staff to direct or guide staff in respect of the strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the Act?
(7) If yes to (6), what is this guideline or document called?
(8) If yes to (6), why?
(9) If yes to (6), will the Minister table copies of such documents or directives?
(10) What impact will such a strict application of the definitions of 'Aboriginal site' and 'Aboriginal object' under sections 5 and 6 of the Act have on the current validity of the vast majority of places and objects currently contained in the DIA Aboriginal Heritage Information System (AHIS) and the Register of Aboriginal Sites established under section 38 of the Act?
(11) Will such an application effectively result in greater than 50 per cent of all Aboriginal heritage places and objects in this State being disqualified from legal protection under the Act?
(12) If no to (11), why not?
(13) It is correct that the Register of Aboriginal sites, which currently contains records of approximately 30,000 Aboriginal places and objects, will be reviewed in accordance with the new 'Registrar's Guidelines'?
(14) Based on the new narrower interpretation of section 5, what percentage of Aboriginal heritage places and objects will no longer qualify for legal protection under the Act?
(15) Will any Aboriginal heritage places that do not meet the new narrower interpretation of section 5 be taken off the Register of Aboriginal sites?
(16) Have any Aboriginal heritage places been removed from the Register of Aboriginal sites this year?
(17) If yes to (16), why?
(18) If yes to (16), how many?
(19) If yes to (16), in which months were these removed?
(20) If yes to (16), were the informants, claimants or Native Title representative bodies advised?
(21) If no to (20), why not, given this Government's stated commitment to procedural fairness and natural justice?
(22) Given that the State Government has a commitment to the Burra Charter for the protection of heritage places; does the removal of any Aboriginal heritage places from the Aboriginal Heritage register breach the State commitment to the Burra Charter?
AnswerView source ↗
Answered
12 June 2012
Responded by
Minister for Indigenous Affairs
Response time
42 days
(1) No
(2) Not Applicable
(3) Copies of the draft document were provided to Heritage Officers of the Department in confidence for their consideration and comments.
(4) No
(5) The document is a draft only and is not Departmental policy.
(6) No
(7) Not Applicable
(8) Not Applicable
(9) Not Applicable
(10) None
(11) No
(12) The Act affords protection to the places specified in section 5, objects specified in section 6 regardless of whether registered.
(13) No. The Department acknowledges further work may need to be done to existing records to ensure they are accurate and meet other requirements for use in accordance with the Act. However there is no plan to review these in accordance with the draft "Registrar's Guidelines" document.
(14) There is no narrow or broad interpretation of section 5. There is no scope for policies of narrower or broader interpretations of section 5. The Act protects all places that meet the specifications of section 5.
(15) There is no narrow or broad interpretation of section 5. The decision to remove a place from the Register will be taken only after traditional custodians are afforded procedural fairness and given all reasonable opportunity to provide further evidence. The same standards and rigour that are required to enter a place on the Register will be applied to the process.
(16) No
(17) Not Applicable
(18) Not Applicable
(19) Not Applicable
(20) Not Applicable
(21) Not Applicable
(22) The inclusion or removal of a place on the Register will not alter its status under the Act as an Aboriginal site, or the extent to which it is afforded protection under section 17. Therefore the inclusion or removal of places on the Register would not affect a commitment by the State to the Burra Charter.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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(2) Not Applicable
(3) Copies of the draft document were provided to Heritage Officers of the Department in confidence for their consideration and comments.
(4) No
(5) The document is a draft only and is not Departmental policy.
(6) No
(7) Not Applicable
(8) Not Applicable
(9) Not Applicable
(10) None
(11) No
(12) The Act affords protection to the places specified in section 5, objects specified in section 6 regardless of whether registered.
(13) No. The Department acknowledges further work may need to be done to existing records to ensure they are accurate and meet other requirements for use in accordance with the Act. However there is no plan to review these in accordance with the draft "Registrar's Guidelines" document.
(14) There is no narrow or broad interpretation of section 5. There is no scope for policies of narrower or broader interpretations of section 5. The Act protects all places that meet the specifications of section 5.
(15) There is no narrow or broad interpretation of section 5. The decision to remove a place from the Register will be taken only after traditional custodians are afforded procedural fairness and given all reasonable opportunity to provide further evidence. The same standards and rigour that are required to enter a place on the Register will be applied to the process.
(16) No
(17) Not Applicable
(18) Not Applicable
(19) Not Applicable
(20) Not Applicable
(21) Not Applicable
(22) The inclusion or removal of a place on the Register will not alter its status under the Act as an Aboriginal site, or the extent to which it is afforded protection under section 17. Therefore the inclusion or removal of places on the Register would not affect a commitment by the State to the Burra Charter.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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