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.