Case Study 1 – The Legislation ‘Consultation’

When the RWA was announced REDWatch, a residents’ watch group who were monitoring the RWPP requested time for the community to consider the legislation before it was introduced to Parliament[1]. The government did not do this and rushed the legislation into the lower house. While there was significant opposition from Independent NSW MP for Bligh Clover Moore, who is also the Lord Mayor of the City of Sydney, there was little change accepted by the government in the lower house.[2]

REDWatch, then joined with a large number of individuals and groups to campaign for changes to the legislation in the non-government controlled upper house.[3] Aboriginal groups came together under the banner of the Redfern Organisation of Aboriginal Unity to oppose any suggestion of the NSW Government compulsorily acquiring The Block and to support the Aboriginal Housing Company’s Pemulwuy project[4]. This lobbying of the government, opposition and the cross benches managed to get some significant changes made to the Bill and there are numerous references to this lobbying in the Hansard record of the debates on the Bill.

After the Bill’s assent Minister Sartor described the changes in the following way:

In drafting the legislation, the Government was conscious of the need to consult widely with key stakeholders while preserving flexibility to be able to act quickly and adapt to challenges as they arise.

From these consultations, a number of amendments were proposed and accepted. These include:

·         Inserting Objects of the Bill to make it clear the Bill is designed to improve public amenity, quality of life and safety in Redfern-Waterloo;

·         The NSW Heritage Council must be consulted before altering any item listed on the State Heritage Register;

·         Clarifying the ability of the RWA to impose certain levies on State Significant development;

·         Limiting any future expansion of the operational area of the RWA;

·         Guaranteeing Aboriginal representation on the Advisory Committees; and

·         Consulting with the Aboriginal Housing Company and the Aboriginal community on the long term strategic vision for The Block.

These amendments clarify the Authority's role and ensure that consultation with occur with the local community.[5]

With in the space of a month the changes forced on the government were portrayed as resulting from government initiated consultation. The history of RWA consultation was already being rewritten.