Nigel Scullion offered to fund dispute over Indigenous land claim, fishing group says

27 November 2018

We were approached by the department, groups chief says, adding $155,000 was partly used to fund legal fees.

Nigel Scullion is under fire for funding the group from the Indigenous advancement strategy. Photograph: Mike Bowers for the Guardian

The Indigenous affairs minister, Nigel Scullion, offered to fund the NTs Amateur Fishermens Associations dispute over several Aboriginal land claims, its executive officer has said, as calls increase for a full investigation into his use of Indigenous funds.

We were approached by the department, the associations executive officer, David Ciaravolo, said. The minister came to our annual general meeting in April and made the announcement.

Ciaravolo confirmed the $155,000 they received from the Indigenous advancement strategy (IAS) was partially used to fund legal fees, because AFANT is a small operation and collecting evidence of detriment is easier with a lawyer.

Under the NT Land Rights Act, those who consider a land claim would have a negative impact on their business or personal interests can argue a detriment case about how their future access to income, land or water would suffer if the claim were approved.

More than a dozen land claims in the NT have been held up some by almost 30 years by unresolved detriment issues.

AFANT has issuedthis call to members: So, if you fish in any of these areas, then we need to hear from you! Now! First-hand information from recreational fishers will be essential to AFANT being able to substantiate detriment issues for thestatement we are preparingto lodge with the commissioner.

The land commissioner is required to include these issues in preparing a report for the final decision-maker who, under the Land Rights Act is Scullion, the Indigenous affairs minister.

The minister has come under fire for funding the group from the $4.9bn Indigenous advancement strategy, which is supposed to improve the way the government does business with Aboriginal and Torres Strait Islander people, according to the governments website.

It is unbelievable to me that Minister Scullion continues to maintain that allocating money for detriment case legal fees is an appropriate use of the funds, Labor senator Malarndirri McCarthy said. Its time the prime minister showed some interest in how his Indigenous affairs minister is spending public money.

The former NT Indigenous affairs minister Dr Jak Ah Kit said the decision was totally immoral and totally against the normal rules that apply.

Ah Kit was also the director of the Northern Land Council for seven years and was involved in hundreds of land claim processes. He said it was standard practice for groups who wanted to lodge a detriment case to seek funds from the attorney generals department.

However, AFANT said it was not a matter for them to question where the ministers funding offer came from.

Whether or not its an appropriate use of IAS funds is a matter between the minister and his constituents, Ciaravolo said.

It is not normal for us to wonder how the minister spends his budget. When he says this is where its from, its not a matter for us to question that.

Ciaravolo said supporting AFANT to run detriment cases was of benefit to Indigenous people.

If you want to move forward from a deadlock, and legal fees are the key to moving forward, I dont know why people would stand in the way of that.

The National Congress of Australias First Peoples co-chair Jackie Huggins said the IAS fund was deeply flawed.

Everywhere I have been around the country, its brought up all the time how difficult it is to get IAS funding, for even small community groups, for things like womens health, diabetes education, or night patrols, mothers and babies programs, Huggins said.

The IAS was set up for the purpose of improving outcomes and social participation for our people and I dont see how these grants align with that.

A spokesman for the minister said it is disappointing that congress and Mr Ah Kit are playing politics rather than seeking to have these outstanding land claims resolved as soon as possible.

The NT Seafood council (NTSC) which the minister once chaired also received $150,000 from the IAS but will absolutely not use the funds for legal fees, its chief executive, Katherine Winchester, said.

Our funding is approved but we are yet to finalise the agreement with the government, she said. We absolutely deny we applied for funding for fighting land claims. Our grant will go to education and cultural awareness.

Source: The Guardian Australia7 November 2018