Social Justice Report 1998
Appendix 4: Summary of Governments' Responses to Recommendations
This table provides a collective overview of the responses made by governments to the Inquiry's Recommendations. Analysis of government responses together with details of individual government initiatives, where they are known, are provided in the body of the Implementation Report.
|
NO. |
RECOMMENDATION |
STATUS OF GOVERNMENTS' RESPONSES TO RECOMMENDATIONS |
|
1. |
Recording Testimonies |
No COAG determination. $1.6 million over 4 years from the Commonwealth to the National Library to run an oral history project. States and territories back national approach; minimal states and territories action, though individual funding available in Qld. |
|
2a. |
Procedure for Implementation - COAG working party |
Not implemented. |
|
2b. |
Procedure for Implementation - est. Audit Unit in HREOC |
Not implemented. |
|
2c. |
Procedure for Implementation - ATSIC funding of peak Indigenous organisations. |
Not implemented. |
|
2d. |
Procedure for Implementation - reporting obligations to Audit Unit |
Not implemented. |
|
3. |
Components of Reparations |
Need to apologise accepted by most Governments; no support for monetary compensation - 'watching brief' adopted in respect of ongoing litigation. |
|
4. |
Claimants - reparation for those who suffered |
As above. |
|
5a. |
Acknowledgment and Apology: Parliaments |
By all except Commonwealth and Northern Territory. |
|
5b. |
Acknowledgment and Apology: Police Forces |
Only in NSW. |
|
6. |
Acknowledgment and Apology: Churches and Others |
All churches have done so; indeterminate in respect of relevant NGOs. |
|
7a. |
Commemoration - 'Sorry Day' |
Marked on 26 May 1998; undecided whether to be annual. |
|
8a. |
School Education - compulsory courses on history of stolen generations |
Indigenous issues courses are compulsory only in NSW, SA, and TAS. |
|
8b. |
School Education - AIATSIS |
Not implemented. |
|
9a. |
Professional Training - professional bodies |
No national action; considered best left to peak bodies themselves. |
|
9b. |
Professional Training - under-graduates |
Already instituted in some jurisdictions; for tertiary institutions to decide. |
|
10. |
Implementation of Genocide Convention |
Not implemented. Commonwealth claims no genocide occurred, therefore no need to implement the Convention. |
|
11. |
Assistance to Return to Country |
Not directly implemented. Limited indirect implementation under Recs 12(a) and (b) below. |
|
12a. |
Language, Culture and History Centres - national |
Commonwealth: $9 million over 4 years to be provided through ATSIC (no 'new' money provided). |
|
12b. |
Language, Culture and History Centres - local |
Few state and territory initiatives; reliance on Commonwealth. |
|
13. |
Indigenous Identification by Link-Ups and ACCAs |
It is already generally the case that such organisations are empowered to certify Indigenous descent. However, verifying claims is very resource-intensive and not the primary function of these bodies. |
|
14. |
Heads of Damage |
No monetary compensation provided by any Government. |
|
15. |
National Compensation Fund |
Not implemented. |
|
16a. |
National Compensation Fund Board - establishment |
Not implemented. |
|
16b. |
National Compensation Fund Board - composition |
Not implemented. |
|
17. |
Procedural Principles |
Not implemented. |
|
18. |
Minimum Lump Sum |
Not implemented. |
|
19. |
Proof of Particular Harm |
Not implemented. |
|
20. |
Civil Claims |
A no. of civil claims currently being pursued in NSW and Federal Court. Litigation contemplated in WA. |
|
21. |
Destruction of Records Prohibited |
Varies across jurisdictions; most agree to some limitation. |
|
22a. |
Record Preservation - indexing |
$2.0 million over 4 years provided by the Commonwealth to NAA; patchy provision in states and territories. |
|
22b. |
Record Preservation - finding aids |
Commonwealth: as above; provided in Qld, Vic & NT. |
|
23. |
Joint Records taskforces |
Instituted in most jurisdictions. |
|
24. |
Interstate Enquiries |
No formal implementation; apparently informal exchanges operate. |
|
25. |
Minimum Access Standards |
Not implemented; but certain standards in place in some jurisdictions (eg Qld & NT); no fees or minimal fees across jurisdictions. |
|
26. |
FOI Legislation in the N.T. |
Not implemented. No plans to do so. |
|
27. |
Indigenous Family Information Service |
'Family stop shop' not generally instituted; is often (sometimes unavoidable) need to direct applicants elsewhere. |
|
28. |
Training |
Specifically provided for in Vic.; recognised as a need in Qld. |
|
29a. |
Indigenous Repositories |
Not implemented; though Vic and Qld have sound links with NGO repositories and/or provide record keeping services to NGOs. |
|
29b. |
Indigenous Repositories |
Not implemented. |
|
30a. |
Establishment of Family Tracing and Reunion Services |
Not implemented at the local level. Envisaged. Where they exist, Link-Up organisations perform this role at state and territory level (eg NSW & Qld). |
|
30b. |
Establishment of Family Tracing and Reunion Services - functions |
Partial implementation. Some of the 14 functions listed are undertaken by Link-Ups; funding in all cases is adequate to provide all or most of these functions. |
|
31a. |
Return of those Removed Overseas - special visa |
Commonwealth claims already provided for. |
|
31b. |
Return of those Removed Overseas - citizenship |
Commonwealth claims already provided for. |
|
31c. |
Return of those Removed Overseas - enactment of Commonwealth legislation |
Commonwealth legislation enacted: International Transfer of Prisoners Act 1997. |
|
32. |
Research |
Commonwealth provision of $5.9 million to Dept of Health and Family Services - research underway. |
|
33a. |
Indigenous Well-Being Model |
Sentiment supported; indeterminate action taken by all governments. |
|
33b. |
Indigenous Well-Being Model - funding to Indigenous community-based services |
Indeterminate, but certainly not all funding so directed. It is yet unclear precisely how the Commonwealth's new regional health centres will be structured and where the 50 new health counsellors will be located. |
|
33c. |
Indigenous Well-Being Model - specialist mental health services |
Expansion of Commonwealth regional health centres (from 11 to 14: 3 new centres in NSW, Qld & WA - $17.25million over 4 years; 50 new counsellors to be engaged by Commonwealth ($16 million over 4 years). |
|
34a. |
Health Professional Training |
Not implemented. |
|
34b. |
Health Professional Training |
Not implemented, though some such training provided in individual institutions and courses. |
|
35. |
Mental Health Worker Training |
Indeterminate. |
|
36. |
Parenting Skills |
Not implemented through COAG; Commonwealth Dept of Health is funding research into Aboriginal parenting models. |
|
37. |
Prisoner Services |
Not implemented through COAG. |
|
38a. |
Private Collections |
Not implemented, though some transfers have occurred (eg Victoria) as well as access being otherwise provided through state or territory provisions (eg NSW). |
|
38b. |
Private Collections |
Partial implementation: governments providing assistance to private bodies to different degrees and in various forms. |
|
38c. |
Private Collections |
Sporadic implementation. |
|
39. |
Application of minimum Standards and Common Guidelines |
Not implemented. |
|
40a. |
Counselling Services - Churches and NGOs |
Not implemented except indirectly in so far as access (and therefore subsequent counselling if available) is obtained through public procedures. |
|
40b. |
Counselling Services - Churches and NGOs |
Uncertain of extent. |
|
41. |
Land Holdings |
Not implemented. |
|
42. |
Social Justice |
Procedure to develop social justice package not implemented. Pursing implementation RCADIC Recs ongoing. |
|
43a. |
Self-Determination - national framework legislation |
Not implemented. Actively rejected by Commonwealth, Qld & Vic. |
|
43b. |
Self-Determination - national framework legislation, principles |
Not implemented. |
|
43c. |
Self-Determination - negotiations on transfer of authority |
In place in certain programs across jurisdictions. |
|
44. |
National Standards for Indigenous Children |
Not implemented. Actively rejected by Commonwealth, Qld & Vic. |
|
45a. |
National Standards for Indigenous Children Under State, Territory or Shared Jurisdiction |
Not implemented. |
|
45b. |
National Standards for Indigenous Children Under State, Territory or shared Jurisdiction |
Not implemented. |
|
46a. |
Standard 1: Best Interest of the Child Factors |
Not implemented; though principle is applied in Australian family law. |
|
46b. |
Standard 1: Best Interest of the Child Factors - criteria |
Not directly implemented. The criteria indicated, however, are contained within the ACPP which, to varying degrees, is implemented in each jurisdiction. |
|
47. |
Standard 2: When Best Interests are Paramount |
Not directly implemented, though the various child welfare and care and protection laws & policies across Australia address the issue to different extents. |
|
48. |
Standard 3: When Other Factors Apply |
Not directly implemented. The mandatory sentencing laws in WA & NT contradict this Recommendation. |
|
49. |
Standard 4: Involvement of Accredited Indigenous Organisations |
Not implemented. Though obligatory involvement not instituted, optional and/or discretionary provision usually made. |
|
50. |
Standard 5: Judicial Decision-Making - representation in court |
Not implemented. Though legal representation of Indigenous children in family, care & protection and juvenile justice often provided or made available. |
|
51a. |
Standard 6: Indigenous Child Placement Principle |
Statutory in NSW, NT, SA, Tas, & Vic; broadly implemented across all jurisdictions. |
|
51b. |
Standard 6: Indigenous Child Placement Principle |
As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions. |
|
51c. |
Standard 6: Indigenous Child Placement Principle |
As above; excepting minor differences, broadly implemented across all jurisdictions. |
|
51d. |
Standard 6: Indigenous Child Placement Principle |
As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions. |
|
51e. |
Standard 6: Indigenous Child Placement Principle |
As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions. |
|
52. |
Standard 7: Adoption a Last Resort |
Broadly implemented. |
|
53a. |
Standard 8: Juvenile Justice |
Not implemented. |
|
53b. |
Standard 8: Juvenile Justice Rules |
Many considered already to be in place within individual jurisdictions. Query mandatory sentencing laws in NT & WA. |
|
54. |
Family Law |
Not implemented. |
