Bill Debate · Second Reading

Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023; Second Reading

Senate · Thursday 13 February 2025

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The Senate debated a bill to require the Parliamentary Joint Committee on Human Rights to consider the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) when scrutinising legislation. Independent Senator Lidia Thorpe moved the bill, arguing it was a necessary step to uphold First Nations rights and criticising the government for inaction. Labor and Greens senators opposed the bill, with Labor arguing that the government was already implementing UNDRIP principles through the National Agreement on Closing the Gap and that the committee report on UNDRIP was still under consideration. The Greens supported the bill's intent but highlighted worsening outcomes in areas like child removal and incarceration. The bill was defeated in a division.

Outcome

The bill was not passed, with 15 senators voting against and 24 voting for.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Lidia Thorpe (VIC) (Independent) Ind

Thorpe argued that the bill was a reasonable and responsible measure to ensure the Parliamentary Joint Committee on Human Rights considered UNDRIP rights during legislative scrutiny. Thorpe contended that the government had failed to act on previous recommendations and was ignoring the rights of First Nations peoples. Thorpe cited support from the Australian Human Rights Commission, the United Nations Special Rapporteur, and various committee reports. Thorpe challenged Labor senators to cross the floor if they genuinely supported Indigenous rights, accusing the government of prioritising political games over justice.

Government response

Murray Watt (QLD) (Minister for Employment and Workplace Relations) ALP

Watt stated that the government supported the principles of UNDRIP and was committed to realising those standards through partnership with Indigenous Australians. Watt explained that the government was carefully considering the findings of the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs report released in November 2023. Watt argued that the bill proposed a significant change to the role of the Parliamentary Joint Committee on Human Rights, which currently assesses compatibility with seven international treaties. Watt concluded that the government was not in a position to agree to this change at this time.

Lisa Darmanin (VIC) (Australian Labor Party) ALP oppose

Darmanin argued that the government was already embedding UNDRIP principles in its work, particularly through the National Agreement on Closing the Gap and partnerships with the Coalition of Peaks. Darmanin highlighted specific achievements such as job creation, housing construction, and health service expansions in remote communities. Darmanin stated that the government was methodically working through the findings of the 2023 UNDRIP inquiry report and would not pre-empt that consideration. Darmanin contrasted this approach with the opposition's proposed cuts to Indigenous programs.
Dorinda Cox (WA) (Australian Greens) ALP support

Cox agreed with the need to expand the human rights definition to include UNDRIP, criticising the lack of action on reparations and the worsening of Closing the Gap targets. Cox pointed out that adult incarceration and child removal rates were increasing, arguing that the government was failing to meet basic human rights obligations. Cox emphasised the importance of free, prior and informed consent and truth-telling, noting that current legislation did not adequately protect cultural heritage or address historic injustices. Cox urged senators to vote for the bill to demonstrate genuine commitment to Indigenous rights.
Raff Ciccone (VIC) (Australian Labor Party) ALP oppose

Ciccone reiterated the government's commitment to UNDRIP principles and its partnership with the Coalition of Peaks on Closing the Gap. Ciccone detailed recent initiatives including the Remote Jobs and Economic Development program, expansion of the Indigenous Rangers Program, and investments in housing and health services. Ciccone argued that meaningful engagement with First Nations peoples was essential for implementing UNDRIP and that the government was delivering on these commitments through practical action. Ciccone stated that the government was working through the inquiry findings and believed collaborative decision-making was the correct approach.
Nick McKim (TAS) (Australian Greens) Greens support

McKim moved that the question be now put, facilitating the division on the bill. McKim's action supported the progression of the debate to a vote on the legislation introduced by Senator Thorpe.

Votes during this debate

Division 1: Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023; Second Reading Not passed 15–24

Opened by

Lidia Thorpe (VIC) (Independent)

Ind

Bill

Human Rights (Parliamentary Scrutiny) Amendment (Consideration of UNDRIP) Bill 2023

Speeches

6 speeches, 4 other contributors

Topics

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About Senate debates

The Senate debates bills, motions, matters of public importance and the answers given in Question Time. Senators from all parties and the crossbench take part, and a minister or the minister representing them usually replies for the government. Summaries are in reported speech, not transcripts; always check the official record before quoting.