Chapter 16

It wasn’t till Friday that Patrick heard from Jason. “I now understand what Jenny had in mind!” he began.

“You’ll have to be more detailed than that,” Patrick responded, “I’ve no idea what you’re talking about.”

“She had an idea when we met. She said we’d ‘hear’ in a few days. Well, I think I’ve just heard. I know you don’t follow what goes on in Canberra. Well, yesterday King, the MP for Brand...”

“Just south of Perth,” Patrick interrupted.

“Yes. She rose to ‘inquire’ as to the status of the ‘decisions’ of the NNTT. That’s brilliant!”

Question Time commences at 2 p.m. each day with the Speaker calling on ‘Questions without notice’ and asking ‘Are there any questions?’ Several Members from both sides of the House may stand to catch the Speaker’s eye, but the first call is always given to an opposition Member. This Member, often the Leader of the Opposition, proceeds to ask his or her question. Subsequent questions follow, Members standing in their places to ask questions and Ministers replying from the Despatch Box at the Table.

“I don’t get it.”

“Neither did the government! King’s Labor, like Jenny. The Attorney General was at the Supreme Court. So, today or early next week he will state in the house that the Tribunal’s decisions are recommendations to the government or that they are law or something in between. And then Jenny – or another Labor member, like Ellis from Adelaide – will rise to roar as to how an appointed Tribunal could possibly ... Etc. I can almost hear it now.”

Of all the proceedings of the House, Question Time is the period when the intensity of partisan politics is most clearly manifested. Opposition Members in their questioning try to stress those matters which will embarrass the government. It is common to see a planned series of questions and follow-up questions from opposition Members, especially when there are major issues that the opposition wishes to pursue. On the other hand government Members are tempted to provide Ministers with an opportunity to put government policies and actions in a favourable light, or to embarrass the opposition. [Both citations are from: House of Representatives Practice, 6^th edn, Department of the House of Representatives, Canberra, 2012, pp. 543–572 ]

“You think it will be a big deal?”

“I guarantee it. And I’m fairly certain that Turnbull will want to quiet the storm ASAP. My guess is that there will be an all-party committee within ten days and that Jenny will be on it. And you’ll be in the middle of the cook-pot!”

“Me?”

“Patrick, me lad, you’re going to be Legal Advisor to the Parliamentary Standing Committee on Indigenous Affairs. Perhaps only Legal Consultant.”

“You’ve got to be pulling my leg!”

“No. This is the way our government functions. Let me read this: ‘The Standing Committee on Indigenous Affairs is appointed under Standing Order 215.

‘The Committee may inquire into and report on any matter referred to it by either the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote or expenditure, other financial matter, report or document.’ Melissa Price is the committee chair. Mmm. Have you met Linda Burney?”

“I don’t think so.”

“She’s the only NSW Aborigine MP. She represents Barton.”

“Oh. So she’s from Sydney.”

“Well, she’s from some town in the Riverina. But she was the first Aboriginal woman to be elected to the NSW legislature. She’s also Labor. It will be interesting to see what transpires.”

“That’s ‘interesting’ as in the fictitious Chinese curse?”

“‘Fictitious’?”

“So I’ve been told. But it’s good, anyway.”

“None of this will be instantaneous. In fact, it may not be right. I might be fantasizing the whole construct.”

“No. Not quite. It actually seems quite plausible. It’s not quite clear, but that’s because we have no clue as to which ‘Federal Court’ the NNTT refers nor which – if any – actually approved whatever the Registrar referred.”

“The acting Registrar.”

“That will depend on the dates ... Hmm. It could get yet more complex. Were the individuals or corporations who currently hold title to the properties properly warned of proceedings? Were all of the determinations illegal takings? I’m going to have to learn about title in each state and the territories. It might be really explosive. Who would have handled native title in your office?”

“Since 2003, me. That’s why the text in the lower right corner is so puzzling. Everything below the third line is from 2011 on. The top three are from 1998 and 2001.”

“Yes?”

“What went on in the decade from 2001 to 2011? Why were the Muthi Muthi and Wonnarua ‘not accepted for registration’? And what about the 16 entities ‘not currently identified’? And the Legend says ‘The map depicts the boundaries of claimant applications (these can be external boundaries with areas excluded or discrete boundaries of areas being claimed) as they have been recognised by the Federal Court process.’ I’m not sure that has any legal meaning.”

“Nor do I. Especially as there’s no mention as to which federal court recognizes the processes.”

“Jenny was right. The beetles will be scurrying!”

“Well, I’m going to read up on land title.” [Property legislation in all states and territories is based on the Torrens principle of registration of title. Each state and territory has a central register of all land in the state which shows the owner of the land.]