Social Justice Report 2004 : SUMMARY SHEET ONE

Social Justice Report 2004

Summary Sheet One

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Chronology of events relating to the introduction of new arrangements for the administration of Indigenous affairs (2002 - 2004)

This provides an overview of the main events leading up to the introduction of the new arrangements for the administration of Indigenous affairs on 1 July 2004, as well as the key events which have occurred since that time to implement the new arrangements. For further detail on each of the events please refer to Appendix One.

DATE	EVENT/SUMMARY OF ISSUE
5 April 2002 COAG Commitments	The Council of Australian Governments (COAG) agrees to trial a whole of government cooperative approach in up to 10 communities or regions across Australia. Eight trial sites are subsequently agreed upon. COAG also agrees to commission the Steering Committee for Government Service Provision to develop a reporting framework on key indicators of Indigenous disadvantage. These decisions follow from the agreement of a reconciliation framework by COAG in November 2000. The framework commits governments to work in partnership to improve the economic and social wellbeing of Indigenous people. The objectives of the COAG trials are to: tailor government action to identified community needs and aspirations; coordinate government programmes and services where this will improve service delivery outcomes; encourage innovative approaches traversing new territory; cut through blockages and red tape to resolve issues quickly; work with Indigenous communities to build the capacity of people in those communities to negotiate as genuine partners with government; negotiate agreed outcomes, benchmarks for measuring progress and management of responsibilities for achieving those outcomes with the relevant people in Indigenous communities; and build the capacity of government employees to be able to meet the challenges of working in this new way with Indigenous communities.
12 November 2002 ATSIC Review announced	The government announces that a three-member panel will review the role and functions of the Aboriginal and Torres Strait Islander Commission (ATSIC). The terms of reference require that the review examine and make recommendations to government on: how Aboriginal and Torres Strait Islander people can be best represented in the process of the development of Commonwealth policies and programmes to assist them in the future; the current roles and functions of ATSIC; and the appropriate role of Regional Councils in ensuring the delivery of appropriate government programs and services to Indigenous people.
24 December 2002 Conflict of interest directions issued for ATSIC	The Minister for Immigration, Multicultural and Indigenous Affairs issues general directions to ATSIC to address potential conflicts of interest by preventing ATSIC from funding organisations of which full-time ATSIC officeholders are directors or in which they have a controlling interest. The ATSIC Board provided its support for the directions on 24 January 2003.
17 April 2003 ATSIS created to address ongoing concerns about potential conflicts of interest in ATSIC	The Minister for Immigration, Multicultural and Indigenous Affairs announces that a new executive agency, Aboriginal and Torres Strait Islander Services (ATSIS), will be established under the Public Service Act to manage ATSIC's programmes and to make individual funding decisions. This removes the powers of ATSIC's National Board to make such decisions. The Minister states that this action follows from continuing concerns about ATSIC's operations, leading the government to the conclusion that further action was needed. The creation of ATSIS is announced as an interim measure, pending the outcomes of the ATSIC Review.
13 June 2003 ATSIC Review Discussion Paper released	The ATSIC Review team release a discussion paper outlining the main themes from their consultations to date and setting out a number of proposals for a revised ATSIC. The review states that there continues to be 'overwhelming support' for a national body to represent the interests of Indigenous peoples, 'but very little support for ATSIC's current performance', with the ATSIC Board not having 'discharged its advocacy and representation functions effectively'. Accordingly, they stated that 'ATSIC has reached a crisis point in respect of its public credibility and with its Indigenous constituency'.
1 July 2003 ATSIS commences operations	ATSIS commences operations. The Minister for Immigration, Multicultural and Indigenous Affairs issues directions to ATSIS' Chief Executive Officer requiring it to: conform to the policies and strategies set by ATSIC and also have regard to Government policy; focus on addressing relative need between regions in implementing programs; ensure best practice in engaging service providers, including through competitive tendering and performance- based contracts; and comply with the conflict of interest directions for ATSIC.
22 August 2003 National reporting framework for Indigenous disadvantage is endorsed by COAG	The Prime Minister writes to the Steering Committee for Government Service Provision on behalf of COAG and endorses the proposed national reporting framework for Indigenous disadvantage. The framework seeks to present statistics on Indigenous disadvantage strategically by measuring progress against indicators in the short, medium and long term. It acknowledges the inter-relationship between different factors in contributing to Indigenous disadvantage, and that holistic solutions are required, involving whole of government activity, to achieve lasting improvements.
13 November 2003 First report to COAG on Indigenous disadvantage is released	The first report against the National Reporting Framework for Overcoming Indigenous Disadvantage is released by the Steering Committee for Government Service Provision. It confirms that Indigenous disadvantage is broadly based, with major disparities between Indigenous people and other Australians in most areas. The report also identifies gaps in data collection which need to be addressed to improve the quality of the information contained in the report. It is subsequently agreed that the report will be published every two years rather than annually, as originally intended.
28 November 2003 ATSIC Review Panel releases final report	The ATSIC Review Panel releases its final report, In the hands of the regions. The report recommends that ATSIC should be the 'primary vehicle to represent Aboriginal and Torres Strait Islander peoples' and that its role and functions should be strengthened. In strengthening ATSIC, the report proposes a range of reforms and principles to create, and underpin, a 'new ATSIC'.
15 January 2004 Reform of the Aboriginal Councils and Associations Act announced	The Government announces that it intends to reform the Aboriginal Councils and Associations Act. The proposed reforms are intended to improve corporate governance standards for Indigenous organisations. The amendments are not presented to Parliament in 2004. They are anticipated to be introduced in mid-2005.
4 March 2004 Government announces Aboriginal and Torres Strait Islander Legal Services to move from grant to tender process	The Government announces that from 1 July 2005, funding of Aboriginal and Torres Strait Islander Legal Services (ATSILS) will begin to shift from a grant funding process to a competitive tender process. Successful tenderers will be engaged by the government under contract for a three-year funding period. The government also releases an Exposure Draft of the proposed purchasing arrangements and calls for public feedback on the proposed tendering process. The Minister for Indigenous Affairs announces on 30 June 2004, that following public comment on the proposed tendering process the government has amended the criteria for funding. On 31 August 2004, the Attorney General announces that requests for tenders in Victoria and Western Australia will be released in November 2004, with other States and Territories to follow progressively over the following 18 months. The successful tenderers are expected to start delivering services on 1 July 2005.
30 March 2004 Federal Opposition announces will abolish ATSIC if wins federal election	The Australian Labor Party announces that if elected at the forthcoming federal election it will put into place a new framework for Indigenous self-governance and program delivery. This would involve abolishing ATSIC and replacing it with a new Indigenous representative structure.
15 April 2004 Government announces that ATSIC to be abolished and new arrangements introduced from 1 July 2004	The Government announces that ATSIC and ATSIS are to be abolished and that new arrangements for the administration of Indigenous affairs will be introduced from 1 July 2004. Changes to be introduced include: introduction of legislation to abolish ATSIC; the appointment of a National Indigenous Council; devolution of Indigenous-specific programs to mainstream departments; establishment of a Ministerial Taskforce on Indigenous Affairs; establishment of a Secretaries Group on Indigenous Affairs; creation of a new Office of Indigenous Policy Coordination (OIPC); movement to a single budget submission for Indigenous affairs; creation of Indigenous Coordination Centres (ICC's); and adoption of Shared Responsibility Agreement (SRA) and Regional Partnership Agreement (RPA) approaches.
20 April 2004 Connecting Government report outlines whole of government challenge for public service	The Management Advisory Committee to the Australian Public Service Commission releases its report, Connecting Government: Whole of Government Response to Australia's Priority Challenges. The report outlines the challenges in implementing a whole-of-government approach to the public service. The Secretary of the Department of Prime Minister and Cabinet launches the report and describes the new arrangements for Indigenous affairs as 'the biggest test of whether the rhetoric of connectivity can be marshalled into effective action... It is an approach on which my reputation, and many of my colleagues, will hang'.
27 May 2004 ATSIC Amendment Bill 2004 introduced to Parliament	The ATSIC Amendment Bill 2004 is introduced to Parliament. The Bill proposes the abolition of ATSIC in two stages - the National Board of Commissioners to be abolished from 30 June 2004 and the Regional Councils from 30 June 2005. The House of Representatives passed the Bill on 2 June 2004.
28 May 2004 Ministerial Taskforce on Indigenous Affairs is created	The government announces the creation of the Ministerial Taskforce on Indigenous Affairs. The Taskforce will provide high-level direction on Indigenous policy development. The Taskforce is chaired by the Minister for Immigration, Multicultural and Indigenous Affairs and comprised of Ministers from portfolios relevant to improving outcomes for Indigenous Australians.
11-14 June 2004 National Indigenous Leaders Conference calls for national representative body	The National Indigenous Leaders Conference is held in Adelaide. Participants call for a new national representative structure for Indigenous peoples and propose a range of principles for such a body.
16 June 2004 Senate Inquiry into ATSIC Bill established	The Senate establishes the Select Committee for the Administration of Indigenous Affairs and refers the ATSIC Amendment Bill 2004 to it for inquiry.
16 June 2004 Ministerial Taskforce Charter adopted	The Ministerial Taskforce adopts a Charter which outlines the Australian Government's 20-30 year vision for Indigenous affairs. It aims to ensure Indigenous Australians 'make informed choices', 'realise their full potential' and 'take responsibility for managing their own affairs'. The Charter also identifies early childhood intervention, safer communities, and reducing welfare dependency as the priority areas for attention in Indigenous affairs.
21 June 2004 Report into Capacity Building and Service Delivery in Indigenous communities released	The House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs releases Many Ways Forward, Report of the inquiry into capacity building and service delivery in Indigenous communities. The report finds that there is an urgent need for a new approach to be adopted by the government sector as well as the need to build the capacity of Indigenous communities and organisations. The report presents a series of recommendations that aim to ensure: basic data collection is nationally consistent and comparable, and focussed on outcomes; the Government institute a coordinated annual report to parliament on its progress in achieving agreed outcomes and benchmarks; a comprehensive evaluation is made of the COAG Trials, and a regular report on progress is made to Parliament; improved integration, coordination and cooperation within and between levels of government in consultation with Indigenous Australians occurs; a strong commitment is made to improving the capacity of government agencies; and the development of partnerships between the private/corporate/philanthropic sectors and Indigenous organisations is encouraged and supported.
25 June 2004 COAG principles for new arrangements in Indigenous affairs endorsed	COAG endorses a National framework of principles for government service delivery to Indigenous Australians as well as confirming its commitment to the whole-of-government trials and practical reconciliation. The National Principles will inform the Taskforce and Secretaries Group when developing and monitoring strategies to address Indigenous disadvantage. The National Principles relate to six issues: sharing responsibility; harnessing the mainstream; streamlining service delivery; establishing transparency and accountability; developing a learning framework; and focussing on priority areas.
1 July 2004 New arrangements in Indigenous affairs commence	Under the new arrangements, 'more than $1 billion of former ATSIC-ATSIS programs was transferred to mainstream departments'. These departments will be required to 'accept responsibility for Indigenous services' and be 'held accountable for outcomes'. The transfer of Indigenous service to mainstream departments aims to ensure that departments will 'work in a coordinated way' and 'to make sure that local families and communities have a real say in how money is spent'.
31 August 2004 Senate Inquiry interim report and dissenting reports released	The Senate Select Committee on the Administration of Indigenous Affairs releases its interim report and Government Senators release a dissenting report. The Committee report lists the number of public hearings held and submissions received by the Committee and states that due to the federal election it will be unable to complete its inquiry. The dissenting interim report notes 'little support [was] expressed for ATSIC' in submissions received. The Senate Committee was reconvened on 17 November 2004 and is due to report in March 2005.
6 November 2004 The National Indigenous Council is appointed	The Minister for Immigration, Multicultural and Indigenous Affairs announces the membership of the government-appointed advisory body, the National Indigenous Council (NIC). The NIC is not intended to be a representative body or to replace ATSIC. Members of the NIC are appointed based on their 'expertise and experience in particular policy areas'. Mrs Sue Gordon is appointed as the Chairperson of the NIC. The NIC will meet four times per year and advise the Ministerial Taskforce on Indigenous Affairs.
8-9 December 2004 NIC conducts inaugural meeting	The National Indigenous Council holds inaugural meeting. The Terms of Reference for the NIC are agreed with the government. The NIC agrees that the priority policy areas for Indigenous affairs are: early childhood intervention; safer communities; and reducing passive welfare.

DATE

EVENT/SUMMARY OF ISSUE

5 April 2002

COAG
Commitments

The Council of Australian Governments (COAG) agrees to trial a whole of government cooperative approach in up to 10 communities or regions across Australia. Eight trial sites are subsequently agreed upon.

COAG also agrees to commission the Steering Committee for Government Service Provision to develop a reporting framework on key indicators of Indigenous disadvantage.

These decisions follow from the agreement of a reconciliation framework by COAG in November 2000. The framework commits governments to work in partnership to improve the economic and social wellbeing of Indigenous people.

The objectives of the COAG trials are to:

tailor government action to identified community needs and aspirations;
coordinate government programmes and services where this will improve service delivery outcomes;
encourage innovative approaches traversing new territory;
cut through blockages and red tape to resolve issues quickly;
work with Indigenous communities to build the capacity of people in those communities to negotiate as genuine partners with government;
negotiate agreed outcomes, benchmarks for measuring progress and management of responsibilities for achieving those outcomes with the relevant people in Indigenous communities; and
build the capacity of government employees to be able to meet the challenges of working in this new way with Indigenous communities.

12 November 2002

ATSIC Review announced

The government announces that a three-member panel will review the role and functions of the Aboriginal and Torres Strait Islander Commission (ATSIC). The terms of reference require that the review examine and make recommendations to government on:

how Aboriginal and Torres Strait Islander people can be best represented in the process of the development of Commonwealth policies and programmes to assist them in the future;
the current roles and functions of ATSIC; and
the appropriate role of Regional Councils in ensuring the delivery of appropriate government programs and services to Indigenous people.

24 December 2002

Conflict of interest directions issued for ATSIC

The Minister for Immigration, Multicultural and Indigenous Affairs issues general directions to ATSIC to address potential conflicts of interest by preventing ATSIC from funding organisations of which full-time ATSIC officeholders are directors or in which they have a controlling interest.

The ATSIC Board provided its support for the directions on 24 January 2003.

17 April 2003

ATSIS created to address ongoing concerns about potential conflicts of interest in ATSIC

The Minister for Immigration, Multicultural and Indigenous Affairs announces that a new executive agency, Aboriginal and Torres Strait Islander Services (ATSIS), will be established under the Public Service Act to manage ATSIC's programmes and to make individual funding decisions. This removes the powers of ATSIC's National Board to make such decisions.

The Minister states that this action follows from continuing concerns about ATSIC's operations, leading the government to the conclusion that further action was needed. The creation of ATSIS is announced as an interim measure, pending the outcomes of the ATSIC Review.

13 June 2003

ATSIC Review Discussion Paper released

The ATSIC Review team release a discussion paper outlining the main themes from their consultations to date and setting out a number of proposals for a revised ATSIC. The review states that there continues to be 'overwhelming support' for a national body to represent the interests of Indigenous peoples, 'but very little support for ATSIC's current performance', with the ATSIC Board not having 'discharged its advocacy and representation functions effectively'. Accordingly, they stated that 'ATSIC has reached a crisis point in respect of its public credibility and with its Indigenous constituency'.

1 July 2003

ATSIS commences operations

ATSIS commences operations. The Minister for Immigration, Multicultural and Indigenous Affairs issues directions to ATSIS' Chief Executive Officer requiring it to:

conform to the policies and strategies set by ATSIC and also have regard to Government policy;
focus on addressing relative need between regions in implementing programs;
ensure best practice in engaging service providers, including through competitive tendering and performance- based contracts; and
comply with the conflict of interest directions for ATSIC.

22 August 2003

National reporting framework for Indigenous disadvantage is endorsed by COAG

The Prime Minister writes to the Steering Committee for Government Service Provision on behalf of COAG and endorses the proposed national reporting framework for Indigenous disadvantage.

The framework seeks to present statistics on Indigenous disadvantage strategically by measuring progress against indicators in the short, medium and long term. It acknowledges the inter-relationship between different factors in contributing to Indigenous disadvantage, and that holistic solutions are required, involving whole of government activity, to achieve lasting improvements.

13 November 2003

First report to COAG on Indigenous disadvantage is released

The first report against the National Reporting Framework for Overcoming Indigenous Disadvantage is released by the Steering Committee for Government Service Provision. It confirms that Indigenous disadvantage is broadly based, with major disparities between Indigenous people and other Australians in most areas. The report also identifies gaps in data collection which need to be addressed to improve the quality of the information contained in the report.

It is subsequently agreed that the report will be published every two years rather than annually, as originally intended.

28 November 2003

ATSIC Review Panel releases final report

The ATSIC Review Panel releases its final report, In the hands of the regions.

The report recommends that ATSIC should be the 'primary vehicle to represent Aboriginal and Torres Strait Islander peoples' and that its role and functions should be strengthened. In strengthening ATSIC, the report proposes a range of reforms and principles to create, and underpin, a 'new ATSIC'.

15 January 2004

Reform of the Aboriginal Councils and Associations Act announced

The Government announces that it intends to reform the Aboriginal Councils and Associations Act. The proposed reforms are intended to improve corporate governance standards for Indigenous organisations.

The amendments are not presented to Parliament in 2004. They are anticipated to be introduced in mid-2005.

4 March 2004

Government announces Aboriginal and Torres Strait Islander Legal Services to move from grant to tender process

The Government announces that from 1 July 2005, funding of Aboriginal and Torres Strait Islander Legal Services (ATSILS) will begin to shift from a grant funding process to a competitive tender process. Successful tenderers will be engaged by the government under contract for a three-year funding period.

The government also releases an Exposure Draft of the proposed purchasing arrangements and calls for public feedback on the proposed tendering process.

The Minister for Indigenous Affairs announces on 30 June 2004, that following public comment on the proposed tendering process the government has amended the criteria for funding.

On 31 August 2004, the Attorney General announces that requests for tenders in Victoria and Western Australia will be released in November 2004, with other States and Territories to follow progressively over the following 18 months. The successful tenderers are expected to start delivering services on 1 July 2005.

30 March 2004

Federal Opposition announces will abolish ATSIC if wins federal election

The Australian Labor Party announces that if elected at the forthcoming federal election it will put into place a new framework for Indigenous self-governance and program delivery. This would involve abolishing ATSIC and replacing it with a new Indigenous representative structure.

15 April 2004

Government announces that ATSIC to be abolished and new arrangements introduced from 1 July 2004

The Government announces that ATSIC and ATSIS are to be abolished and that new arrangements for the administration of Indigenous affairs will be introduced from 1 July 2004.

Changes to be introduced include:

introduction of legislation to abolish ATSIC;
the appointment of a National Indigenous Council;
devolution of Indigenous-specific programs to mainstream departments;
establishment of a Ministerial Taskforce on Indigenous Affairs;
establishment of a Secretaries Group on Indigenous Affairs;
creation of a new Office of Indigenous Policy Coordination (OIPC);
movement to a single budget submission for Indigenous affairs;
creation of Indigenous Coordination Centres (ICC's); and
adoption of Shared Responsibility Agreement (SRA) and Regional Partnership Agreement (RPA) approaches.

20 April 2004

Connecting Government report outlines whole of government challenge for public service

The Management Advisory Committee to the Australian Public Service Commission releases its report, Connecting Government: Whole of Government Response to Australia's Priority Challenges. The report outlines the challenges in implementing a whole-of-government approach to the public service. The Secretary of the Department of Prime Minister and Cabinet launches the report and describes the new arrangements for Indigenous affairs as 'the biggest test of whether the rhetoric of connectivity can be marshalled into effective action... It is an approach on which my reputation, and many of my colleagues, will hang'.

27 May 2004

ATSIC Amendment Bill 2004 introduced to Parliament

The ATSIC Amendment Bill 2004 is introduced to Parliament. The Bill proposes the abolition of ATSIC in two stages - the National Board of Commissioners to be abolished from 30 June 2004 and the Regional Councils from 30 June 2005.

The House of Representatives passed the Bill on 2 June 2004.

28 May 2004

Ministerial Taskforce on Indigenous Affairs is created

The government announces the creation of the Ministerial Taskforce on Indigenous Affairs. The Taskforce will provide high-level direction on Indigenous policy development.

The Taskforce is chaired by the Minister for Immigration, Multicultural and Indigenous Affairs and comprised of Ministers from portfolios relevant to improving outcomes for Indigenous Australians.

11-14 June 2004

National Indigenous Leaders Conference calls for national representative body

The National Indigenous Leaders Conference is held in Adelaide. Participants call for a new national representative structure for Indigenous peoples and propose a range of principles for such a body.

16 June 2004

Senate Inquiry into ATSIC Bill established

The Senate establishes the Select Committee for the Administration of Indigenous Affairs and refers the ATSIC Amendment Bill 2004 to it for inquiry.

16 June 2004

Ministerial Taskforce Charter adopted

The Ministerial Taskforce adopts a Charter which outlines the Australian Government's 20-30 year vision for Indigenous affairs. It aims to ensure Indigenous Australians 'make informed choices', 'realise their full potential' and 'take responsibility for managing their own affairs'. The Charter also identifies early childhood intervention, safer communities, and reducing welfare dependency as the priority areas for attention in Indigenous affairs.

21 June 2004

Report into Capacity Building and Service Delivery in Indigenous communities released

The House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs releases Many Ways Forward, Report of the inquiry into capacity building and service delivery in Indigenous communities.

The report finds that there is an urgent need for a new approach to be adopted by the government sector as well as the need to build the capacity of Indigenous communities and organisations.

The report presents a series of recommendations that aim to ensure:

basic data collection is nationally consistent and comparable, and focussed on outcomes;
the Government institute a coordinated annual report to parliament on its progress in achieving agreed outcomes and benchmarks;
a comprehensive evaluation is made of the COAG Trials, and a regular report on progress is made to Parliament;
improved integration, coordination and cooperation within and between levels of government in consultation with Indigenous Australians occurs;
a strong commitment is made to improving the capacity of government agencies; and
the development of partnerships between the private/corporate/philanthropic sectors and Indigenous organisations is encouraged and supported.

25 June 2004

COAG principles for new arrangements in Indigenous affairs endorsed

COAG endorses a National framework of principles for government service delivery to Indigenous Australians as well as confirming its commitment to the whole-of-government trials and practical reconciliation. The National Principles will inform the Taskforce and Secretaries Group when developing and monitoring strategies to address Indigenous disadvantage.

The National Principles relate to six issues:

sharing responsibility;
harnessing the mainstream;
streamlining service delivery;
establishing transparency and accountability;
developing a learning framework; and
focussing on priority areas.

1 July 2004

New arrangements in Indigenous affairs commence

Under the new arrangements, 'more than $1 billion of former ATSIC-ATSIS programs was transferred to mainstream departments'. These departments will be required to 'accept responsibility for Indigenous services' and be 'held accountable for outcomes'. The transfer of Indigenous service to mainstream departments aims to ensure that departments will 'work in a coordinated way' and 'to make sure that local families and communities have a real say in how money is spent'.

31 August 2004

Senate Inquiry interim report and dissenting reports released

The Senate Select Committee on the Administration of Indigenous Affairs releases its interim report and Government Senators release a dissenting report. The Committee report lists the number of public hearings held and submissions received by the Committee and states that due to the federal election it will be unable to complete its inquiry.

The dissenting interim report notes 'little support [was] expressed for ATSIC' in submissions received.

The Senate Committee was reconvened on 17 November 2004 and is due to report in March 2005.

6 November 2004

The National Indigenous Council is appointed

The Minister for Immigration, Multicultural and Indigenous Affairs announces the membership of the government-appointed advisory body, the National Indigenous Council (NIC). The NIC is not intended to be a representative body or to replace ATSIC. Members of the NIC are appointed based on their 'expertise and experience in particular policy areas'.

Mrs Sue Gordon is appointed as the Chairperson of the NIC. The NIC will meet four times per year and advise the Ministerial Taskforce on Indigenous Affairs.

8-9 December 2004

NIC conducts inaugural meeting

The National Indigenous Council holds inaugural meeting. The Terms of Reference for the NIC are agreed with the government. The NIC agrees that the priority policy areas for Indigenous affairs are:

early childhood intervention;
safer communities; and
reducing passive welfare.