Social Justice Report 2006
Appendix 1: Chronology of events relating to the administration of Indigenous affairs, 1 July 2005 – 30 June 2006
This appendix provides an overview of the main events with regard to the administration of Indigenous affairs to 30 June 2006. It commences with a summary table and is followed by a detailed description of each event.
| Date | Event/summary of issue |
1 July 2005 NSW Government officials move into Australian Government Indigenous Coordination Centres. |
Officials from the New South Wales Government will be placed in Indigenous Co-ordination Centres (ICC’s) which are run by the Australian Government from today.[1] |
3 July 2005 NAIDOC week 2005 commences. |
NAIDOC Week celebrations commence with the theme of “Our future begins with solidarity”. The Australian Government provides funding for the annual National NAIDOC Awards Ceremony and Ball.[2] |
11 July 2005 Indigenous Disadvantage Report reinforces the need for change. |
The Steering Committee for the Review of Government Services Provision (SCRGSP) releases the Overcoming Indigenous Disadvantage Report. The Report highlights the unacceptable levels of disadvantage faced by Aboriginal and Torres Strait Islander Australians.[3] |
| 20 July 2005
Indigenous Youth Leaders 2005 Announced. |
The Australian Government appoints 17 Indigenous youth leaders to the National Indigenous Youth Leadership Group (NIYLG) 2005-06. The appointments were preceded by a call for nomination earlier in the year. The focus of the group will be the promotion of issues of relevance to young Indigenous Australians.[4] |
27 July 2005 Tri-State Disability Strategic Framework agreed to by three governments. |
Through the establishment of this framework the three Governments aim to recognise and acknowledge the links between the Indigenous people of the NPY Lands and to further recognise that state and territory borders should not serve as an impediment to accessing disability services. |
12 August 2005 First Australian Regional Partnership Agreement signed off. |
The Ngaanyatjarra Council signs off on the first Regional Partnership Agreement (RPA) in Australia today. The RPA commits all parties that are signatories to work together to improve essential services. The agreement applies to twelve communities in the Ngaanyatjarra Lands.[6] |
12 August 2005 New Indigenous Employment Strategy for the Australian Public Service announced. |
The Australian Government announces a new Indigenous Employment Strategy for the Australian Public Service. The strategy will provide additional funding of $2.15 million a year for three years to improve employment opportunities for Aboriginal and Torres Strait Islander peoples in the Australian Public Service (APS).[7] |
7 September 2005 Reforms to native title announced. |
There are six inter-connected aspects to the reforms:
|
12 September 2005 $9.5 million to tackle petrol sniffing announced by Australian Government. |
The Australian Government announces a $9.5 million boost in funding to tackle petrol sniffing in Central Desert Indigenous communities. Senior policing, justice, health and community services officials from the governments of the Northern Territory, South Australia and Western Australia support an eight point plan proposed by the Australian Government.[10] |
19 September 2005 Inaugural meeting of the National Indigenous Youth Leadership Group. |
The NIYLG brings together 17 Indigenous young people, aged 18 to 24 years, from diverse backgrounds, employment, location and interests, to meet with the Australian Government to discuss their unique experiences and their expectations of the group. |
4 October 2005 Australian and Northern Territory Governments fund family violence projects. |
The projects include:
|
5 October 2005 Initiatives to support home ownership on Indigenous land announced. |
The initiatives include:
|
5 October 2005 Changes to Aboriginal Land Rights (Northern Territory) Act 1976 announced. |
The changes will introduce tenure arrangements over entire township areas which are on Aboriginal owned land. The scheme will be a voluntary one.[14] |
9 November 2005 Indigenous Economic Development Strategy launched. |
The strategy focuses on two key areas: work, and asset and wealth management. Under the work component of the strategy, the Government will promote a Local Jobs for Local People initiative. Indigenous communities, employers and service providers will work together to identify local employment and business opportunities and the training needed for jobseekers. Other initiatives in this area include:
|
18 November 2005 Reforms to the Aboriginal Land Rights (Northern Territory) Act 1976. |
The key elements of the reform are:
|
20 November 2005 Secretaries Group on Indigenous Affairs releases its Annual Report on Indigenous Affairs 2004-05. |
The Secretaries Group on Indigenous Affairs releases its Annual Report on Indigenous Affairs for 2004-05. The focus of activities for the Group in the last year have been:
|
22 November 2005 Indigenous Legal Aid Services announced for the Northern Territory. |
The North Australian Aboriginal Justice Agency Ltd is the successful tenderer for the North Zone and the Central Australian Aboriginal Legal Aid Service Incorporated is the successful tenderer for the South Zone. Tenders were called for in August of this year.[18] |
23 November 2005 Delivering Better Outcomes in Native Title – Update on Government’s Plan for Practical Reform. |
The changes relate specifically to Native Title Representative Bodies (NTRB’s). The changes for NTRB’s are designed to:
|
5 December 2005 Bilateral Agreement on Service Delivery to Aboriginal and Torres Strait Islanders in Queensland signed. |
The agreement commits the Australian and Queensland Governments to work together with Indigenous communities on service planning and delivery, investment and performance evaluation, and to reduce the bureaucratic load on communities. Under the agreement, the governments will work towards shared priorities, including those identified in the Overcoming Indigenous Disadvantage Report. These include:
|
15 December 2005 National Indigenous Council releases its inaugural Report Card. |
The report summarises the work undertaken by the NIC from December 2004 to December 2005. The report has five main discussion areas:
|
15 December 2005 $23 million boost for training for Indigenous youth from remote communities. |
The objectives of the Indigenous Youth Mobility Programme are to:
|
22 December 2005 Over $250 million in new Agreement on Indigenous housing and infrastructure. |
The agreement forms the basis of a three year program worth $254 million that will for the first time combine the Australian and NT Governments' Indigenous housing resources to help provide better housing alternatives for Indigenous families across the NT.[24] |
23 January 2006 Indigenous Legal Aid Services announced for South Australia. |
The Aboriginal Legal Rights Movement Incorporated has provided Indigenous legal aid services in the State since its incorporation in 1973.[25] |
24 January 2006 Indigenous Affairs moves to a new Federal Department (FaCSIA). |
The new Minister will head the newly formed Department of Families, Community Services and Indigenous Affairs (FaCSIA). This department was formerly known as the Department of Family and Community Services. |
February 2006 he passage of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) delayed until October 2006. |
The Bill will commence on 1 July 2007 to coincide with the start of the 2007-08 financial year.[27] |
15 February 2006 Social Justice and Native Title Reports 2005 tabled in Parliament. |
The reports were prepared by the Aboriginal and Torres Strait Islander Social Justice Commissioner.[28] |
8 March 2006 Boost in Indigenous school retention rates. |
The Australian Bureau of Statistics releases the Schools Report 2005 which shows that school retention rates among Indigenous students have climbed significantly over the past five years.[29] |
28 March 2006 Public Service boosts its intake of Indigenous graduates. |
The Australian Public Service has markedly increased its intake of Indigenous graduates following the success of the first year of the Australian Public Service Commission’s Indigenous graduate recruitment initiative.[30] |
12 April 2006 National Aboriginal and Torres Strait Islander Health Survey indicates that Indigenous unemployment has fallen. |
he survey was conducted in remote and non-remote areas of Australia, and was designed to collect a range of information from Indigenous Australians about health related issues, including health status, risk factors and socio-economic circumstances.[32] |
17 April 2006 Bilateral Agreement on Service Delivery to Indigenous communities in South Australia signed. |
This is a formal agreement by the Commonwealth and South Australian Governments to work together with Indigenous communities on service planning, delivery, investment and performance evaluation, and to reduce the bureaucratic load on communities. Under the agreement, the governments will work towards shared priorities, including those identified in the Overcoming Indigenous Disadvantage Report, as well as other identified priority areas including:
|
17 April 2006 Bilateral Agreement on Service Delivery to Indigenous peoples in New South Wales signed. |
The Australian and New South Wales Governments sign a five-year bilateral agreement committing both governments to improving service delivery to Indigenous communities in NSW. his is a formal agreement which commits the Australian and NSW Governments to work together with Indigenous communities on service planning and delivery, investment and performance evaluation, and to reduce the bureaucratic load on communities. Under the agreement, the governments will work towards shared priorities, including those identified in the Overcoming Indigenous Disadvantage Report, as well as other identified priority areas including:
|
28 April 2006 ew provider for NSW Indigenous legal aid services. |
The new Aboriginal Legal Service (NSW/ACT) Ltd merges the six existing Aboriginal and Torres Strait Islander Legal Services in New South Wales.[35] |
9 May 2006 Federal Budget 2006-07. |
The key budget measures within the Indigenous portfolio address four themes:
|
18 May 2006 National plan for action against Indigenous violence and child abuse. |
The Australian Government invites State and Territory Governments to a summit to develop a national action plan to address community safety in Indigenous communities.[38] |
23 May 2006 OIPC releases a coordination evaluation plan for 2006-2009. |
The paper provides an overview of the planned evaluation activities to be conducted during 2006-2009 by OIPC.[39] |
31 May 2006 Reforms to Aboriginal Land Rights (Northern Territory) Act 1976 introduced into Parliament. |
The changes to the Aboriginal Land Rights (Northern Territory) Act 1976 will allow long term leases to be held over entire township areas; change the current processes for land development; and impact on the performance and accountability of Land Councils and royalty bodies.[40] The 2006-07 Budget allocated $107.5 million to the expansion of the Indigenous Home Ownership on Indigenous Land Program and a Home Purchase Incentive Scheme on Community Title Land.[41] The new tenure arrangements contained in the Bill will enable Aboriginal people in the Northern Territory to access these new programs.[42] |
19 June 2006 Forum on ending violence in Indigenous communities. |
The event is supported by the Australian Indigenous Doctors Association
(AIDA), Australian Medical Association (AMA), Oxfam Australia and the Australian
Principals’ Associations Professional Development Council
(APAPDC).[43] |
21 June 2006 The Australian Institute of Health and Welfare releases ‘Australia’s Health 2006’. |
The report states that Australia’s Indigenous population continues to have a poorer standard of health than other Australians and there is still too little evidence that the health of Aboriginal and Torres Strait Islander peoples is improving. Death rates of Indigenous infants remain approximately three times those of other Australian infants, and about 70% of Indigenous Australians die before reaching 65, compared with a little over 20% for other Australians.[44] |
26 June 2006 Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities. |
The Communiqué released following the Intergovernmental Summit reconfirms the principles agreed by the Council of Australian Governments (COAG) in June 2004 under COAG’s National Framework on Indigenous Family Violence and Child Protection, particularly that:
|
27 June 2006 Inquiry into Child Sex Abuse in Aboriginal communities in the Northern Territory. |
The Inquiry will:
|
28 June 2006 Indigenous Legal Aid Service Provider for Tasmania announced. |
The Tasmanian Aboriginal Centre Incorporated has provided Indigenous legal aid services in Tasmania for more than 32 years.[48] |
29 June 2006 United Nations Human Rights Council adopts the Declaration on the Rights of Indigenous Peoples. |
On 28 November, the Third Committee of the General Assembly adopted a resolution that defers the Assembly’s consideration of the Declaration until the end of its current session, which will conclude in September 2007.[50] |
Further information on events relating to the administration of Indigenous affairs - 1 July 2005 – 30 June 2006
This section includes specific text references from the Social Justice Commissioner and HREOC but primarily all of the narrative has been extracted from the original sources referred too and reproduced in abbreviated form. As Social Justice Commissioner I am not endorsing or qualitatively assessing any government policy or practice in this section other than what can be specifically credited to me or my office.
Qualitative analysis of the policies and practices will be recorded in other sections and chapters of the Social Justice Report 2006.
1 July 2005 NSW Government officials move into Australian Government Indigenous Coordination Centres. |
Officials from the New South Wales Government will be placed in Indigenous Co-ordination Centres (ICC’s) which are run by the Australian Government from today.[51] |
The Australian Government established 30 Indigenous Co-ordination Centres across Australia during 2004, the Minister for Immigration and Multicultural and Indigenous Affairs stated that having State Government officials working from the same premises as Australian Government officials in New South Wales will assist with co-ordination and service delivery under the new mainstream arrangements.[52]
3 July 2005 NAIDOC week 2005 commences. |
NAIDOC Week celebrations commence with the theme of “Our future begins with solidarity”. The Australian Government provides funding for the annual National NAIDOC Awards Ceremony and Ball.[53] |
NAIDOC celebrations are held throughout Australia in the first full week of July each year to celebrate the history, culture and achievements of Indigenous peoples. The theme for 2005 is “Our future begins with solidarity”.[54]
The winner of the Lifetime Achievement Award was Arthur Murray. Arthur Murray is best known for his campaign to stop Aboriginal deaths in custody. He became a national figure in the fight for justice to stop Aboriginal deaths in custody after losing his son Eddie in the 1980’s.
This year’s female Elder of the Year goes to Mary Jane Ware from South Australia (SA). Mary is affectionately known throughout SA as Nanna Mary, she has been involved in Croc Fests and local NAIDOC Week celebrations. Mary Ware recently gained her Masters of Education in Aboriginal Education.
This year’s male Elder of the Year is Albert Holt, a Queensland man who was instrumental in establishing the first Murri Court in Queensland and who continues to fight to reduce the number of Indigenous peoples who come into contact with the criminal justice system, including prison.[55] Details of other winners can be found at http://www.naidoc.org.au/award_winners/default.aspx
11 July 2005 Indigenous Disadvantage Report reinforces the need for change. |
The Steering Committee for the Review of Government Services Provision (SCRGSP) releases the Overcoming Indigenous Disadvantage Report. The report highlights the unacceptable levels of disadvantage faced by Indigenous Australians.[56] |
The Overcoming Indigenous Disadvantage Report is the second report by the Steering Committee commissioned by the Council of Australian Governments and funded by the Australian Government. The report aims to provide indicators of Indigenous disadvantage ‘that are of relevance to all governments and Indigenous stakeholders, and that can demonstrate the impact of programme and policy interventions’.
This report reveals mixed results. In some areas there have been improvements, but in others there has been little or no progress, or a backward trend is emerging.
Some economic indicators that show improvement include labour force participation, unemployment, and home ownership during the period 1994 to 2002. Social indicators that shows marked improvement during the same period are post secondary education participation and attainment.
In contrast, the report shows a concerning increase in relation to the following indicators: the proportion of Indigenous people who reported being victims of crime during the period 1994 to 2002, substantiated child protection notifications from 1999-2000 to 2003-2004, and imprisonment rates for Indigenous men and women during the period 2000–2004.
Overall, a significant gap remains between Indigenous peoples and the rest of the population in all of the headline indicators, including those where improvement has been made.[57] The headline indicators are: life expectancy at birth; rates of disability and/or core activity restriction; years 10 and 12 retention and attainment; labour force participation and unemployment; household and individual income; home ownership; suicide and self harm; substantiated child protection notifications; deaths from homicide; hospitalisations for assault; victims rates for crime and imprisonment; and juvenile detention rates. [58]
A summary of key findings from the report include:
- The life expectancy of Indigenous people is estimated to be around 17 years lower than that for the total Australian population. Life expectancy at birth is 59 years for an Indigenous male compared with 77 years for males in the total population, and 65 years for Indigenous females compared with 82 years for females in the total population.[59]
- The proportion of the Indigenous population aged 15 years and over, reporting a disability or a long-term health condition was 37%. These proportions remained steady through both remote and non-remote areas. This figure does not include people with a psychological disability. The proportion of the Indigenous population aged 18 years and over in non-remote areas reporting a disability, including a psychological disability, was 49%, one third of whom had a core activity limitation. The core activity limitation can range from profound (always needing help or supervision) to mild (uses aids to assist in performing core activities). After adjusting for age differences, Indigenous people aged 18 years and over in non-remote areas were 1.7 times more likely than non-Indigenous people to report a disability which impacted on their core activities.[60]
- There was an increase in the proportion of year 3 students who achieved the writing benchmark: 77% in 2002 compared with 67% in 1999 and 65% in 2000. The proportion of year 5 Indigenous students who achieved the reading benchmark increased from 59% in 1999 to 68% in 2002. Of the students who commenced year 11 in 2001, 55% went on to complete year 12 in 2002 compared to 49% who commenced year 11 in 2000 and completed in 2001. From 2000 to 2004, Indigenous retention rates to year 12 increased from 36 to 40%. Nationally in 2004, Indigenous students were half as likely to continue to year 12 as non-Indigenous students.[61]
- The proportion of Indigenous people over 15 years of age participating in post secondary education increased from 6% in 1994 to 12% in 2002. From 1994 to 2002, the proportion of Indigenous people with a certificate level 3 or above doubled from 8% in 1994 to 16% in 2002.[62]
- Nationally, the labour force participation rate for all Indigenous people aged 18 to 64 years has increased from 57% to 64% in 2002. From 1994 to 2002 there was a significant decline in the Indigenous unemployment rate. Between 1994 and 2002 overall employment rates rose from 68% to 80% of the Indigenous labour force. This improvement essentially results from increases in part-time employment (largely CDEP) rather than full-time work; there were over 36,000 CDEP participants at 30 June 2004. The age standardised unemployment rate in 2002 was 3.2 times higher for Indigenous than for non-Indigenous people.[63]
- There has been a slight increase in equivalised Indigenous real gross weekly household incomes since 1994; in 1994 gross weekly equivalised household income was $374 and in 2002 it was $394. In 2002, both household and individual incomes were lower on average for Indigenous than for other Australians.[64]
- Between 1994 and 2002, the proportion of Indigenous people aged 18 or over who were living in a household owned, or being purchased, by someone in that household rose from 22 to 27%. However, this compares poorly with a rate of 74% amongst non-Indigenous Australians.[65]
- Between 2001-02 and 2002-03, the rate of admissions for Indigenous suicide attempts increased from 2.8 to 3.2 per 100 but stayed at 1.4 per 1000 for non- indigenous peoples. Suicide death rates are much higher for Indigenous people, between 12 and 36 per 100,000 people, when compared with other people, between 11 and 16 per 100,000 people, in 1999-2003.[66]
- In 2003-04, the national rate of indigenous children who were the subject of protection because of abuse was three times the rate for other children.[67] Between 1999-2000 and 2003-2004 substantiated child protection notifications increased in most jurisdictions. It is not clear whether increased notifications result from increases in child abuse and/or more people reporting abuse.
- From 1999 to 2003 – in WA, South Australia, Northern Territory and Queensland (that is the five jurisdictions for which figures are available) – homicide rates for Indigenous people increased from six to 23 per 100,000, which was at least six times higher than for other Australians. Nationally, in 2002-2003, Indigenous people were 12 times more likely to be hospitalised for assault injuries as non-Indigenous people.[68]
- The proportion of Indigenous people who reported being a victim of violence increased from 13 to 23% between 1994 and 2002. It is not clear whether increased rates of reporting reflect increases in crime and/or willingness to report. After adjusting for age differences between populations, both Indigenous men and women experienced more than double the victimisation rates of other men and women during 2002.[69]
- The rate of imprisonment for Indigenous women and men increased by 25% and 11% respectively over the period 2000 to 2004. As at 30 June 2004, the most serious offence of around one quarter of all Indigenous sentenced prisoners was ‘acts intended to cause injury’.[70] Indigenous people were 11 times more likely than other Australians to be gaoled in June 2004 and Indigenous juveniles were 20 times more likely to be detained than other juveniles in June 2003.[71]
The Aboriginal and Torres Strait Islander Social Justice Commissioner, Reconciliation Australia and the Productivity Commission hosted a seminar, on 16 September 2005, on the Steering Committee for the Review of Government Service Provisions’ report. All papers presented at the seminar along with pod casts of the proceedings are available online at: http://www.hreoc.gov.au/social_justice/conferences.html [72]
| 20 July 2005
Indigenous Youth Leaders 2005 Announced. |
The Australian Government appoints 17 Indigenous youth leaders to the National Indigenous Youth Leadership Group (NIYLG) 2005-06. The appointments were preceded by a call for nomination earlier in the year. The focus of the group will be the promotion of issues of relevance to young Indigenous Australians.[73] |
A new National Indigenous Youth Leadership Group (NIYLG) was announced by the Parliamentary Secretary for Children and Youth Affairs today. As the only Indigenous youth leadership group at the national level, members are consulted directly by the Australian Government about their experiences and perspectives on issues important to Aboriginal and Torres Strait Islander young people. The appointments followed a call for nominations in May 2005.
Young people are encouraged to develop their leadership skills and are provided with opportunities to develop mentoring relationships with high-profile Indigenous leaders. Through their participation in NIYLG, the members also promote positive images of Indigenous young people. Members of the group are drawn from across Australia including urban, regional and remote locations.
NIYLG members will work on projects based on their nominated areas of interest including youth leadership, cultural identity, education, employment and family violence. They will continue work with NIYLG in 2006 before presenting results and recommendations to the Australian Government at a later date.[74]
27 July 2005 Tri-State Disability Strategic Framework agreed to by three
governments. |
The Northern Territory, Western Australia and South Australia Governments sign off on an agreement to assist in the delivery of disability services to the Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) Lands.[75] Through the establishment of this framework the three Governments aim to recognise and acknowledge the links between the Indigenous people of the NPY Lands and to further recognise that state and territory borders should not serve as an impediment to accessing disability services. |
The Tri-State Disability Strategic Framework is a co-operative arrangement between the three Governments responsible for the provision of disability services to the people from the Ngaanyatjarra, Pitjantjajara and Yankunytjajara (NPY) lands. The Framework will guide the operations of the three jurisdictions in delivering disability services to people of the region for the next four years.
The NPY lands are home to 6,000 people in more than 20 communities and homelands. This Strategic Framework comes out of the formation of the Tri-State Disability Services Group (TSDG) in 2004. A Memorandum of Understanding was developed which articulated the shared objectives of the group, this agreement was signed off in November 2004.[76]
The principles which underpin the agreement are: to work together in partnership; the streamlining of services; improving access; getting better results and building on what already exists. The framework has four objectives:
- to strengthen mechanisms for enabling collaboration and cooperation between Western Australian, South Australian and Northern Territory governments;
- to develop integrated systems to facilitate joint planning, development and funding of services;
- to establish and apply consistent definitions and criteria for eligibility and access to services; and
- to improve systems of accountability and performance
management.[77]
12 August 2005 First Australian Regional Partnership Agreement signed off. |
The Ngaanyatjarra Council signs off on the first Regional Partnership Agreement (RPA) in Australia today. The RPA commits all parties that are signatories to work together to improve essential services. The agreement applies to twelve communities in the Ngaanyatjarra Lands.[78] |
The first Regional Partnership Agreement (RPA) in Australia has been negotiated between the Australian Government, the Western Australian Government and the Ngaanyatjarra Council. The RPA commits all parties to working together to improve essential services; develop a 20-30 year vision for the future; establish meaningful representative arrangements and reduce red tape. The RPA represents a commitment to twelve communities on the Ngaanyatjarra Lands.[79]
The agreement is designed to provide a mechanism for establishing a uniform Australian Government investment strategy across a region with respect to Indigenous affairs. The agreement is intended to provide a coordinated response to priorities identified for the region, thus eliminating duplication or gaps.
Regional Partnership Agreements (RPAs) form part of the Commonwealth Government's new arrangements for Indigenous affairs and service delivery. The terms of RPAs will comply with the 'Framework Principles for Government Service Delivery' agreed by the Council of Australian Government in June 2004.
12 August 2005 New Indigenous Employment Strategy for the Australian Public Service announced. |
The Australian Government announces a new Indigenous Employment Strategy for the Australian Public Service. The strategy provides additional funding of $2.15 million a year for three years to improve employment opportunities for Aboriginal and Torres Strait Islander peoples in the Australian Public Service (APS).[80] |
A new Indigenous Employment Strategy will receive additional funding of $2.15 million over the next three years to assist in improving employment opportunities for Aboriginal and Torres Strait Islander peoples in the Australian Public Service (APS).
This new program is one part of the reforms to achieve the mainstreaming of Indigenous affairs that commenced in 2004. It is now vital that Indigenous Australians are amongst the public servants who are responsible for implementing the vastly changed arrangements which are administered through mainstream public service agencies.[81]
The strategy has five elements:
- supporting the whole of government approach to Indigenous affairs, by building public sector capability to do Indigenous business;
- providing pathways to employment by removing barriers to the effective employment of Indigenous Australians;
- supporting employees by maximising their contribution to the workplace;
- supporting employees by helping them to align their Indigenous Employment strategies with their workforce planning and capacity building; and
- developing and strengthening cross-agency partnerships to support working
together to promote Indigenous
employment.[82]
7 September 2005 Reforms to native title announced. |
The Attorney-General announces reforms to the native title system which are designed to promote the resolution of native title issues through negotiation and agreement making rather than through litigation. There are six inter-connected aspects to the reforms:
|
This package of coordinated measures is aimed at improving the performance of the native title system under the Native Title Act 1993 (Cth). The package has the goal of identifying and implementing improvements to processes for the recognition of native title and the resolution of disputes over land that may be subject to native title.
The reforms include:
- Measures to improve the effectiveness of the Native Title Representative
Bodies (NTRBs).
Eligibility for recognition as an NTRB will be extended to organisations incorporated under the Corporations Act 2001 (i.e. ordinary companies, rather than the current requirement that the organisation be incorporated under the Aboriginal Corporations and Associations Act).
Currently, NTRBs, once recognised by the Government, are recognised indefinitely. In future, NTRB recognition will be for a fixed term from one to six years. There will also be a simplified process to allow the Minister to withdraw recognition of an NTRB that is not performing its statutory functions satisfactorily, or has serious financial irregularities.
Funding will be made available on a multi year basis, rather than for a single year. This will assist NTRBs with their strategic planning.[85]
In July 2007 all existing NTRBs will be automatically re recognised for fixed terms of up to six years. The terms will vary between NTRBs to allow future recognition processes to be staggered. This is to avoid system wide disruption.[86]
- Amending the guidelines of the native title respondents financial assistance
program to encourage agreement-making rather than litigation.
It is proposed that reforms to the native title respondent funding program will strengthen its focus on resolution of native title issues through agreement making, in preference to litigation.
A wide range of non-claimant parties (eg pastoralists, miners, local government and industry peak bodies) participate extensively in native title claims. However, given that the fundamentals of native title are settled, it is not necessary for non-claimant parties to litigate all stages of a legal matter where the law is not in dispute or their interests are already protected under the Native Title Act (Cth).
As with the other elements, any reforms to the existing arrangements for assistance to respondents will be directed towards securing improved performance from all elements of the system, and promoting agreement making wherever possible.[87] - Preparation of exposure draft legislation for consultation on possible
technical amendments to the Native Title Act 1993 (Cth) to improve
existing processes for native title litigation and negotiation.
A discussion paper setting out the proposed technical amendments to the Native Title Act 1993 (Cth) was released for public comment on 22 November 2005. Stakeholder comments on those proposals and further suggestions for the amendments were requested by 31 January 2006. The Government is currently considering the responses received, and expects to release an exposure draft of the technical amendments early in the 2006-07 financial year.[88]
- An independent review of native title claims resolution processes.
The Claims Resolution Review was established by the Attorney-General to consider the process by which native title applications are resolved. The Review examined the roles of the National Native Title Tribunal (NNTT) and the Federal Court and considered measures for the more efficient management of native title claims within the existing framework of the Native Title Act 1993 (Cth).
The Attorney-General appointed two independent consultants, Mr Graham Hiley QC and Dr Ken Levy RFD, to undertake the Claims Resolution Review. Mr Hiley is a Queen's Counsel with extensive experience in native title and Aboriginal land rights law. Dr Levy is currently a part-time member of the Administrative Appeals Tribunal and was previously the Director-General of the Queensland Department of Justice.
The consultants were overseen by a Steering Committee comprising a member of the NNTT, the Registrar of the Federal Court, an officer of the Australian Government Attorney-General's Department and an officer of the Office of Indigenous Policy Coordination in the Department of Families, Community Services and Indigenous Affairs.The Claims Resolution Review commenced in October 2005. The consultants provided their report to the Attorney-General on 31 March 2006. The Government released the Report of the Claims Resolution Review and the Government response to the Claims Resolution Review on 21 August 2006.
The consultants undertook extensive consultation with a broad range of native title stakeholders including Native Title Representative Bodies, State and Territory governments and respondent bodies including industry and pastoral representatives.
Written submissions to the Review were also invited. The closing date for submissions was 1 December 2005.[89]
- An examination of current structures and processes of Prescribed Bodies
Corporate (PBC’s).
An examination of the current structures and process of PBCs will take place between November 2005 and February 2006. The consultations will target the functions and governance model of PBCs with a range of stakeholders including existing PBCs, NTRBs, State and Territory governments and industry bodies taking part. This consultation process will seek to identify the needs and functions of PBCs and to assess the appropriateness of the current governance model for PBCs. The examination will also take into account the effect of the Corporations (Aboriginal and Torres Strait Islander) Bill 2005.
Interested stakeholders are invited to contact the Native Title Unit in the Attorney-General's Department for more information on these consultations. The consultations will be facilitated by a steering committee, which comprises staff from the Office of Indigenous Policy Coordination, the Office of the Registrar of Aboriginal Corporations, and the Attorney-General’s Department.[90]
- Increased dialogue and consultation with State and Territory governments to
promote and encourage more transparent practices in the resolution process.
Government parties are major players in the native title system and have a major impact on how the system operates. States and Territories have day-to-day responsibility for land management and are the first respondents to the majority of native title claims. The Australian Government has overarching responsibility for the Native Title Act 1993 (Cth). There is scope to improve the manner in which governments interact with each other and with other stakeholders in the native title system. The Australian Government believes that improved communication and transparency will have flow-on benefits for the system as a whole and will lead to faster and more affordable native title outcomes.
On 16 September the Attorney-General will convene a meeting of all State and Territory ministers with native title responsibilities. The Native Title Ministers’ Meeting will provide an opportunity for the Australian Government to promote the benefits of positive and transparent behaviours by other jurisdictions.[91]
12 September 2005 $9.5 million to tackle petrol sniffing announced by Australian Government. |
The Australian Government announces a $9.5 million boost in funding to tackle petrol sniffing in Central Desert Indigenous communities. Senior policing, justice, health and community services officials from the governments of the Northern Territory, South Australia and Western Australia support an eight point plan proposed by the Australian Government.[92] |
Federal, State and Territory agencies are working together to better co-ordinate and utilise services across the region. A key aspect involves listening to Indigenous communities to hear their ideas about how to stop petrol sniffing.
The new strategic approach agreed between the Australian Government and the South Australian, Western Australian and Northern Territory Governments involves an 8 point plan which covers:
- Consistent legislation – the Northern Territory, South Australia and West Australia will make it an offence to sell or supply volatile substances for sniffing.
- Appropriate levels of policing – including zero tolerance for traffickers.
- Further roll-out of non-sniffable petrol – such as Opal fuel, which does not give sniffers a ‘high’.
- Alternative activities for young people.
- Treatment and respite facilities.
- Communication and education strategies.
- Strengthening and supporting communities.
- Evaluation – capturing and reviewing what works so that it can be
applied elsewhere.
There are an estimated 600 Indigenous people in Central Australia believed to be petrol sniffers. Services will be targeted towards the needs of individual communities to address the range of ways petrol sniffing can impact on a community. Opal fuel is currently in 52 Indigenous communities.[93]
19 September 2005 Inaugural meeting of the National Indigenous Youth Leadership Group. |
The Parliamentary Secretary for Children and Youth hosts the inaugural meeting of the National Indigenous Youth Leadership Group (NIYLG) that was formed in July 2005.[94] The NIYLG brings together 17 Indigenous young people aged 18 to 24 years, from diverse backgrounds, employment, location and interests, to meet with the Australian Government to discuss their unique experiences and their expectations of the group. |
The inaugural meeting of the National Indigenous Youth Leadership Group (NIYLG) was an orientation meeting which provided members with a background on government processes and the skills required for progressing important Indigenous youth issues with the Australian Government.
Members met with a former Parliamentary Secretary for Children and Youth Affairs and were also consulted by the Minister for Local Government, Territories and Roads about the Australian Government’s position on the Tent Embassy. Guest speakers included two National Indigenous Council Members; government representatives from the Indigenous Coordination Centres and the Office of Indigenous Policy Coordination.
Members formed topic groups and nominated areas of interest, which they will progress during their term. The areas of interest including youth leadership, cultural identity, education, employment and family violence.[95]
4 October 2005 Australian and Northern Territory Governments fund family violence projects. |
The Australian and Northern Territory Governments jointly provide $3.2 million for three new projects to tackle family violence and abuse in Indigenous communities. The projects include:
|
The projects are explained in more detail below:
- Interventions for Children will develop and deliver therapeutic interventions for children exposed to family violence and train workers in women's shelters, teachers and other service providers assisting children. The Australian Government is providing $200,000 during the next three years and the NT Government will provide $100,000.
- Jiban Gudbalawei (Peace At Home) will establish a new integrated Police and Community Services centre addressing family violence and child abuse in the Katherine and Borroloola region. The NT Government will provide $1.7 million in kind over three years to this project and the Australian Government will contribute $1 million.
- Empowering Indigenous Communities will pilot a method to monitor and respond to changing levels of local violence in six remote communities. The Australian Government has committed $60,000 over three years to the project and the NT Government will provide $100,000.[97]
5 October 2005 Initiatives to support home ownership on Indigenous land announced. |
The Australian Government announces initiatives to support home ownership
on Indigenous land throughout Australia. The initiatives include:
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These programs will be available to all States that follow the Australian and Northern Territory Government’s lead to enable long term individual leases on Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act 1976. The programs are expected to commence in 2005-06 with full implementation from 2006-07.[99]
5 October 2005 Changes to Aboriginal Land Rights (Northern Territory) Act 1976 announced. |
The Minister for Immigration and Multicultural and Indigenous Affairs announces changes to the Aboriginal Land Rights (Northern Territory) Act 1976. The stated aim of the changes is to help Aboriginal peoples to get greater economic benefit from their land. The changes will introduce tenure arrangements over entire township areas which are on Aboriginal owned land. The scheme will be a voluntary one.[100] |
The changes to the Aboriginal Land Rights (Northern Territory) Act 1976 involve the introduction of a model similar to that which was proposed by the Northern Territory Government and supported by the National Indigenous Council. The changes include:
- The Northern Territory Government will establish an entity to talk with the Traditional Owners and the Land Council of a particular town area to obtain 99-year head-leases over township areas.
- The entity can issue long term sub-leases to town users without the need to negotiate on a case by case basis with Traditional Owners and Land Councils.
- The terms of the head-lease will be negotiated with the Traditional Owners
and Land Councils, except for a statutory ceiling (five per cent of the
land’s value) on the annual rent payable to the Traditional
Owners.[101]
9 November 2005 Indigenous Economic Development Strategy launched. |
The Australian Government launches the Indigenous Economic Development Strategy, a scheme to assist Indigenous Australians achieve economic independence. The strategy focuses on two key areas: work, and asset and wealth management. Under the work component of the strategy, the Government will promote a Local Jobs for Local People initiative. Indigenous communities, employers and service providers will work together to identify local employment and business opportunities and the training needed for jobseekers. Other initiatives in this area include:
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A key finding of the Overcoming Indigenous Disadvantage Key Indicators 2003 Report is that economic development is central to the well-being of Indigenous Australians.[103]
A stated goal of the Australian Government’s Indigenous policy is to increase Indigenous economic independence through reducing dependency on passive welfare and through stimulating employment and economic opportunities for Indigenous Australians.
The Indigenous Economic Development Strategy is a whole-of-government approach to removing barriers to Indigenous peoples achieving economic independence. The strategy aims to increase the level of Indigenous employment, self-employment and business development and to assist Indigenous Australians to participate in the broader economy.
The strategy will focus on two primary areas:
- Work - the strategy will aim to expand job opportunities for Indigenous Australians; and
- Asset and wealth management – through the provision of access to
economic development opportunities, the expansion of home ownership programs and
opportunities, changed land utilisation arrangements, and training in effective
wealth management skills.
There are twelve initiatives under this strategy:
- Local jobs for local people will aim to ensure that Indigenous Australians, particularly those in remote or rural communities, will have an equal chance to compete for and win local employment. Local jobs for local people will bring together all stakeholders in a local area to increase employment opportunities for local people.
- Targeted industry strategies will aim to link Indigenous communities with high unemployment with industries which are operating within their region.
- CDEP reform as outlined earlier this year in Building on Success: CDEP Future Directions.
- The employment service performance initiative will aim to improve the ability of employment service providers to achieve better employment outcomes for Indigenous Australians, through the various job networks and through the establishment of Indigenous Employment Centres.
- The Vocational Education and Training (VET) linkages initiative aims to make better use of the providers of education and training in structuring training and education that is matched to employer needs and requirements.
- Developing enterprise opportunities, focused on areas of importance in communities, such as community stores, the initiative will encourage business development by Indigenous Australians.
- The business leader initiatives will help Indigenous Australians by providing financial literacy training and by showcasing and promoting successful Indigenous businesses and business people.
- General business support will be offered through the provision of a range of ‘business tools’ which will help Indigenous people to act on business opportunities and start up businesses.
- Private sector involvement in home ownership and business development. This is one part of the strategy to increase home ownership on Indigenous land through increasing the involvement of the private sector in facilitating home ownership and small business formation.
- Coordinated economic development on land. This a strategy aims to improve government coordination and to provide better access to economic development for Indigenous Australians.
- Investment rules to improve returns from trusts and encourage investment of income from land. This initiative aims to help Indigenous Australians to obtain equity in larger local commercial opportunities and will hopefully lead to more effective use of land rights and native title. This links with the reforms to native title that were announced earlier in the year.
- Skills to realise economic outcomes. In line with the reforms to native
title, this initiative aims to improve economic development outcomes by
improving the skills base of NTRB’s, Land Councils and
PBC’s.[104]
18 November 2005 Reforms to the Aboriginal Land Rights (Northern Territory) Act 1976. |
The Minister for Immigration and Multicultural and Indigenous Affairs announces changes to the Aboriginal Land Rights (Northern Territory) Act 1976.[105] The key elements of the reform are:
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Following consultation with stakeholders, reforms are to be introduced into the Northern Territory Aboriginal Land Rights Act which will enable greater economic development on Aboriginal land. The stated goal is to attain better economic outcomes for Traditional Owners, other Aboriginal people, the mining industry and Territorians in general.
The key elements of the reform are:
- Facilitating economic development.
- Improving the mining provisions of the Act including devolving some powers from the Australian Government to the Northern Territory Government.
- Allowing for local Indigenous people to have more say over their affairs.
- Moving to performance based funding for Land Councils.
- Ensuring royalty payments are made in a transparent and accountable way; and
- Disposing of land claims which cannot legally proceed or would be
inappropriate to grant.[107]
20 November 2005 Secretaries Group on Indigenous Affairs releases its Annual Report on Indigenous Affairs 2004-05. |
The Secretaries Group on Indigenous Affairs releases its Annual Report on
Indigenous Affairs for 2004-05. The focus of activities for the Group in the
last year have been:
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The Annual Report contains commentary on the new arrangements in Indigenous affairs which are being led by the Ministerial Taskforce on Indigenous Affairs (MTF). The MTF is chaired by the Minister for Immigration and Multicultural and Indigenous Affairs and comprises 10 ministers with lead responsibility in Indigenous affairs.
The MTF has set three key priorities for its work, in consultation with the National Indigenous Council (NIC). These priorities are:
- Early childhood intervention: a key focus will be improved mental and physical health, and in particular primary health and early educational outcomes.
- Safer communities: this includes issues of authority, law and order, but also focuses on dealing with issues of governance to ensure that communities are functional and effective.
- Building Indigenous wealth, employment and entrepreneurial culture: this is
integral to boosting economic development and reducing poverty and passive
welfare.
In their first year the Secretaries Group have focussed on key strategies, including:
- setting parameters for local engagement with Indigenous communities based on shared responsibility;
- providing high level guidance and oversight of Indigenous Coordination Centres;
- developing an integrated Single Indigenous Budget Submission for consideration by the MTF; and
- establishing a performance monitoring and evaluation framework.
As a practical means of harnessing both mainstream and Indigenous-specific programs, agencies are identifying portfolio experts to support whole-of-government work in ICC’s.
The Department of Employment and Workplace Relations has appointed Solution Brokers at every ICC location. They are responsible for promoting and implementing innovative employment, participation, and training and enterprise opportunities for Indigenous Australians in their ICC region. These Solution Brokers work in a whole-of-government environment to contribute to the development of Shared Responsibility Agreements.
Over the next year the Secretaries Group will continue to reform processes across policy development, project management and service delivery.[109]
22 November 2005 Indigenous Legal Aid Services announced for the Northern Territory. |
The Attorney-General announces two successful tenderers for the provision of legal aid services for Indigenous Australians in the Northern Territory. The North Australian Aboriginal Justice Agency Ltd is the successful tenderer for the North Zone and the Central Australian Aboriginal Legal Aid Service Incorporated is the successful tenderer for the South Zone. Tenders were called for in August of this year. [110] |
The North Australian Aboriginal Justice Agency Ltd is the successful tenderer for the North Zone – covering the Darwin, Nhulunbuy, Jabiru and Katherine regions. The organisation is an amalgamation of the three Aboriginal and Torres Strait Islander Legal Services in the northern regions of the Northern Territory – the North Australian Aboriginal Legal Aid Service (Darwin), Miwatj Aboriginal Legal Service Aboriginal Corporation (Nhulunbuy) and the Katherine Regional Aboriginal Legal Aid.
The Central Australian Aboriginal Legal Aid Service Incorporated is the successful tenderer for the South Zone – covering the Alice Springs, Tennant Creek and Apatula regions.
Both organisations have provided high quality and culturally sensitive services to Indigenous Australians within their regions for many years.
Organisations forming the North Australian Aboriginal Justice Agency have a combined total of 61 years experience and the Central Australian Aboriginal Legal Aid Service has been operating for 32 years.
The Central Australian Aboriginal Legal Aid Service offers a flexible model of service delivery to outreach communities such as Elliott, Ali-Curung and Ti Tree. This includes an after hours service, visiting clients in ‘town camps’, a ‘drop-in’ office environment and an 1800 free call number. The North Australian Aboriginal Justice Agency will similarly use outreach arrangements to service 15 ‘bush courts’ in locations such as Maningrida, Borroloola and Groote Eylandt.
These organisations are best placed to provide culturally sensitive legal aid services to their respective zones and to respond to the complex challenges and changes affecting Indigenous Australians.
23 November 2005 Delivering Better Outcomes in Native Title – Update on Government’s Plan for Practical Reform. |
The Attorney-General and Minister for Immigration and Multicultural and Indigenous Affairs issue a joint statement to outline more details about the changes to the administration of the native title system. The changes relate specifically to Native Title Representative Bodies (NTRB). The changes for NTRBs are designed to:
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The Australian Government also released a consultation draft of proposed guidelines for the Native Title Respondents’ Financial Assistance Scheme to strengthen the focus of the scheme on agreement making over litigation. Submissions are encouraged from native title stakeholders, state and territory governments and respondent bodies before 10 February 2006.[112]
5 December 2005 Bilateral Agreement on Service Delivery to Aboriginal and Torres Strait Islanders in Queensland signed.[113] |
The Prime Minister and the Premier of Queensland announce a five-year bilateral agreement committing both governments to improving service delivery to Indigenous Queenslanders. The agreement commits the Australian and Queensland Governments to work together with Indigenous communities on service planning and delivery, investment and performance evaluation, and to reduce the bureaucratic load on communities. Under the agreement, the governments will work towards shared priorities, including those identified in the Overcoming Indigenous Disadvantage Report. These include:
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This is the second bilateral agreement signed under the Council of Australian Governments (COAG) Indigenous Service Delivery Framework. It builds on existing arrangements and bilateral agreements. The agreement establishes arrangements to engage with Aboriginal and Torres Strait Islander communities in Queensland and strengthens the partnership between the Queensland and Australian Governments.
Under the agreement, the governments will work towards shared priorities, including those identified in the Overcoming Indigenous Disadvantage Report, such as:
- early childhood development and growth;
- early school engagement and performance;
- positive childhood and transition to adulthood;
- substance use and misuse;
- funct



