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Social Justice Report 2004 : SUMMARY SHEET FOUR

Social Justice Report 2004

Summary Sheet Four

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    • Recommendations and follow up actions

    The Social Justice Report 2004 includes five recommendations to government - two in relation to the needs of Indigenous women exiting prison (p66) and three relating to the new arrangements for the administration of Indigenous affairs (p138). The report also contains ten follow up actions that the Office of the Social Justice Commissioner will undertake over the next 12 months in relation to the new arrangements (pp138-139).

    Addressing the needs of Indigenous women exiting prison

    Recommendation 1

    That each State and Territory designates a coordinating agency to develop a whole-of-government approach to addressing the needs of Indigenous women in correctional facilities. The Department of Justice or Attorney-General's Department would appear to be the most appropriate department for this role. The objective should be to provide a continuity of support for Indigenous women from pre-release through to the post-release phase.

    Recommendation 2

    That a National Roundtable be convened to identify best practice examples of coordinating pre and post release support for Indigenous women exiting prison. The roundtable should involve Indigenous women, service providers, relevant research institutes and government. Specific focus should also be given to healing models.

    The new arrangements for the administration of Indigenous affairs

    Recommendation 3

    That the Office of Indigenous Policy Coordination conduct a comprehensive information campaign for Indigenous people and communities explaining the structures established by the new arrangements and the processes for engaging with Indigenous people. This information must be disseminated in forms that have regard to literacy levels among Indigenous peoples and English as a second language.

    Recommendation 4

    That the two identified criteria (namely, a demonstrated knowledge and understanding of Indigenous cultures; and an ability to communicate effectively with Indigenous peoples) be mandatory for all recruitment processes in the Australian Public Service relating to the new arrangements, and in particular, for positions in the Office of Indigenous Policy Coordination and Indigenous Coordination Centres.

    Recommendation 5

    That the government refers to the Commonwealth Grants Commission an inquiry on arrangements for Indigenous funding. The review should revisit the findings of the 2001 Report on Indigenous funding in light of the new arrangements, specifically:

  • the role and operation of regional Indigenous Coordination Centres in targeting regional need and implementing a whole of government approach;
  • processes for establishing regional need (including the adequacy of baseline data and collection processes) and allocating funding on the basis of such need through a single budget submission process;
  • the integration of regional and local level need through the Regional Participation Agreement and Shared Responsibility Agreement processes; and
  • the role of regional representative Indigenous structures in these processes.

    • Follow up actions by the Social Justice Commissioner

    The Social Justice Commissioner will, over the coming 12-18 months:

    1. In light of the importance of the lessons from the COAG whole-of-government community trials for the implementation of the new arrangements:

      • Consider the adequacy of processes for monitoring and evaluating the COAG trials;
      • Consult with participants in the COAG trials (including Indigenous peoples) and analyse the outcomes of monitoring and evaluation processes; and
      • Identify implications from evaluation of the COAG trials for the ongoing implementation of the new arrangements.
    2. Seek to establish whether any Indigenous communities or organisations have experienced any ongoing financial difficulties or disadvantage as a result of the transition of grant management processes from ATSIS to mainstream departments and if so, will draw these to the attention of the government so they can rectify them.
    3. Establish what mechanisms have been put into place in framework agreements between the Commonwealth and the States and Territories (including health and housing), to ensure appropriate participation of Indigenous peoples.
    4. Consider the adequacy of processes for the participation of Indigenous peoples in decision making. This will include considering the adequacy of processes to link local and regional representative structures to providing advice at the national level.
    5. Consult with Torres Strait Islanders living on the mainland and their organisations to establish whether the new arrangements enable their effective participation in decision making.
    6. Consult with governments, ATSIC Regional Councils and Indigenous communities and organisations about:

      • engagement by governments with ATSIC Regional Councils and the use of their Regional Plans;
      • progress in developing regional representative Indigenous structures, and mechanisms for integrating such structures with community level agreement making processes.
    7. Consult with governments, Indigenous communities and organisations and monitor:

      • processes for forming Shared Responsibility Agreements; and
      • the compliance of Shared Responsibility Agreements with human rights standards, in particular with the Racial Discrimination Act 1975 (Cth)
    8. Consult with the Australian Public Service Commission about:

      • recruitment strategies relating to positions in the Australian Public Service involving Indigenous service delivery, program and policy design, in particular, promoting understanding and use of identified criteria;
      • the use of cultural awareness training by agencies involved in the new arrangements;
      • trends in the retention of Indigenous staff across the Australian Public Service; and
      • the assistance that the Commission is providing to agencies involved in the new arrangements with developing or revising Indigenous recruitment and retention policies.
    9. Consult with governments, Indigenous organisations and communities about:

      • whether there has been a reduction in the flexibility in interpreting program guidelines since the transfer of programs from ATSIS to mainstream departments;
      • best practice arrangements for coordinating the interface with Indigenous communities through the operation of Indigenous Coordination Centres; and
      • arrangements to coordinate federal government processes with those of the States and Territories on a regional basis.
    10. Consult with governments and representative Indigenous structures about the adequacy of performance monitoring and evaluation processes to link government programs and service delivery to the commitments made through COAG, particularly the National Reporting Framework on Indigenous Disadvantage.