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Aboriginal Deaths in Custody - Royal Commission - Implementation of Commonwealth Government responses to the recommendations of the Royal Commission - Report - 1992-93 - 1st - Volume 1


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Implementation of

Commonwealth Government

R esponses to the

R ecommendations of the

R oyal Commission into

Aboriginal Deaths

in Custody

FIRST ANNUAL REPORT 1992-93

Volume 1

Northern Territory

The Aboriginal Police Aide Scheme Since its introduction in 1979, the Aboriginal Police Aide Scheme in the Northern Territory has developed to the stage where there are now more than 30 Aboriginal police aides employed throughout the Northern Territory in rural and urban areas. The Scheme has been widely acclaimed and emulated by other jurisdictions. The

success of the scheme is due in part to the communities selecting their own people to be trained as police aides.

Town Night Patrols The Julalikari Aboriginal Council at Tennant Creek initiated night patrols more than three years ago. Selected members of the Council established a town patrol system in conjunction with police to resolve family disputes and disturbances.

Additionally, the patrols take intoxicated Aboriginals to a sobering-up shelter. Similar patrols have been established by the Gurungu Council at Elliott, the Tangentyere Council at Alice Springs, and the Kalano Council at Katherine. All work closely with regular police patrols. The success of the scheme has also led to its adoption at a number of smaller communities, such as the Lajamanu Council at Hooker Creek, the Beswick/Barunga and Ali Curung communities.

Warden Schemes Warden schemes are similar to night patrols but are particularly suited to remote communities. They involve the selection by the community leaders of a number of Aboriginal ‘wardens’ who have sufficient respect and authority to mediate,

intervene or deal with members of the community. Both wardens and patrollers intervene in domestic disputes and other disturbances amongst their own people to try to minimise social damage and divert people from the criminal justice system.

Recently, the Northern Territory Cabinet approved a number of measures relating to warden schemes and night patrols:

(a) formal recognition of the efforts being made by Aboriginal organisations and communities, in the form of warden schemes and night patrols to control the use of alcohol and unacceptable behaviour by Aboriginal people;

(b) approval of the drafting of legislation to provide for community by-laws dealing with issues such as anti-social behaviour and the abuse of alcohol — the program is to be limited to Community Government Councils; and

(c) approval of the creation of an advisory committee, comprising representa-

Overview Reports----- 4 9

tives of the Office o f Aboriginal Development, Police, Correctional S ervices, Lands and Housing and Local Government and the Aboriginal and Torres Strait Islander Commission, to provide support for programs.

Bolder Report on Aboriginal Women and Violence The report, published in 1991, contained a number of criticisms of the attitudes and approaches of some police in dealing with domestic violence involving Aboriginal women. Responses to the criticisms are being addressed through public education campaigns reinforced with video presentations to promote an understanding of domestic violence legislation throughout Aboriginal communities. The issue is

being further addressed by the Australian Police Staff College to overcome or eliminate deficiencies in training, attitudes and framing of the law.

Training The Northern Territory Police Service has a firmly established, substantial pro­ gram on Aboriginal/police relations for both recruit and in-Service training. This

includes the involvement of an anthropologist specialising in Aboriginal culture to assist in the design, delivery and review of the programs. Aboriginal people are encouraged to be involved with this aspect. In addition, recruits visit Aboriginal communities.

The Northern Territory Police Service is considering a proposal for a major program to produce a manual on Aboriginal customs and etiquette for use by police officers, and funding discussions have been held with ATSIC. The proposal has generated considerable support, and further negotiations are in progress to estab­ lish options for funding the project.

Drunkenness decriminalisatinn Drunkenness was decriminalised in the Northern Territory in 1974. Consequently, legislation was introduced which enabled police to detain drunken persons in ‘protective custody’ with the option of placing the drunken person into a special

sobering-up shelter.

Druz Abuse Resistance Education Program (DARE) 1 he DARE program was introduced into Northern Territory primary schools in 1987 and is now an important component of the school curriculum. It has been extended to a number of Aboriginal schools, and the development of a training program for police aides will enable DARE to be taught in the community schools.

DARE has also been introduced into the School of the Air at Alice Springs and Katherine. The program addresses illicit substance abuse, tobacco, alcohol and petrol sniffing, and can be adapted to address local problems within communities.

5 0 ---- Overview Reports

School-based Constables The School-based Community Policing Program began in 1985. It is well estab­ lished in the larger centres and in recent years has expanded to Aboriginal

communities. It provides students in these areas with a better appreciation of law- and-order issues and policing in general. School-based constables from all major centres regularly visit Aboriginal communities teaching DARE, organising blue- light discos and addressing problems identified by the communities and school

councils. Visiting school-based constables work in close liaison with local police, health workers, education staff and local community councils.

Tasmania

The 339 Recommendations arising from the Royal Commission were reviewed by a State Government Committee. Tasmania’s response to the Recommendations was published in August 1992.

Tasmania Police assessed all Recommendations and concluded that 83 have direct relevance to police. These have either been deemed implemented through the existence of current statutory or procedural authorities, or are in the process of having policy documents and written instructions prepared for circulation to

Tasmania Police members.

Revised procedures include:

• the appointment of a senior police officer (Inspector) to the position of Aboriginal Liaison Officer to maintain a communication link between police, the Tasmanian Aboriginal Centre, Legal Office and Aboriginal Affairs Office;

• the requirement for prompt notification of the Aboriginal Legal Service of Aboriginals detained by police to enable early attendance of friends to arrange bail;

• arrest to be used as a last resort;

• mandatory presence of adults at all interviews with children;

• all permanent watch-house keepers trained in first aid and resuscitation techniques;

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• heightened awareness and understanding of the duty o f care toward those in custody by police officers; and

• revised procedural guidelines for detention o f prisoners, frequency of visits and restricted use o f detention facilities (restricted to Devonport, Bumie, Launceston and Hobart).

During the 12 months under review, Tasmania Police commissioned an Aboriginal employment consultant (John Omond) to undertake an analysis and assessment of the Aboriginal training and career development needs of Tasmania Police. The report is being assessed.

The Tasmania Police has reached the final stages of development of a new ‘admission/screening’ assessment form (Recommendation 177) and has begun the submission of quarterly returns of detentions in police cells (Recommendation 42). The Service also adopts and subscribes to the National Guidelines for the use of

Lethal Force and the Deployment of Police in High Risk Situations.

Finally, training to identify cultural differences between Aboriginal and European communities has been included in courses at the Tasmania Police Academy. The lectures include a segment on identification of people at risk of self-harm in police custody. In addition, there have been moves to implement and reinforce the duty of care and responsibility for people in custody.

South Australia

The South Australia Police Department is promoting partnerships with Aboriginal people in an organisational, operational and personnel approach, through involve­ ment with:

the Aboriginal/Government staff Aboriginal Justice Advisory Committee;

local/regional/divisional Aboriginal/police liaison committees;

• local Aboriginal/police liaison personnel;

• school education programs;

Blue Light activities, and in particular camps, discos and dances;

5 2 ---- Overview RennrU

special youth camps;

• the Aboriginal Sobriety Group and Mobile Assistance patrols; and

• special police operations similar to Operation COG (Combined Operations Group including Aboriginal community workers, police liaison officers, Aboriginal Sobriety Group).

Typical of actions taken to improve relations is the creation of the Coober Pedy Community Forum. Its purpose is to encourage liaison between government departments servicing Coober Pedy and the community in the multi-cultural setting. This forum resulted from a joint police/family and community services initiative. This action has been extended to the far west township of Ceduna. Also

typical is the regularly conducted Remote Areas Seminar, a training program for police who wish to be posted to the Far North and Far W est of South Australia, where contact with Aboriginal communities forms a major part of the daily work.

Multi-cultural services personnel attached to the Community Affairs Branch liaise with Aboriginal communities across the State and are also constantly involved in improving relations. The administration of the highly successful Police Aboriginal Aide scheme is vested in this Branch, with 32 police aides being strategically placed across the State. Like the Northern Territory, one strength of the scheme is

the involvement of local Aboriginal communities in the selection of their police aide.

Queensland

Policing Services The methods for policing Aboriginal communities vary considerably, depending on the location of the community, and its specific needs and problems. For example, while the Aboriginal and Torres Strait Islander people within urban and

larger rural centres have access to mainstream policing services, the majority of designated communities (and 11 Torres Strait islands) are policed by a combination of State police and indigenous community police.

Such community police are employed and equipped by the Community Council and exercise powers according to the local by-laws. The police service has taken some responsibility for training, and where State police are present, they have a supervisory role over the community police. With the assistance of a Federal grant,

an 11-module training package has been produced to enable State police to train

Overview Reports---- 5 3

community police in a range of policing skills and knowledge. In conjunction with a TAPE college, the police service is developing a program to train officers who will be delivering this package in cross-cultural training techniques.

With the assistance of funding from the Department of Education, Employment and Training, the police service is reviewing the policing requirements of remote Aboriginal and Torres Strait Islander communities in Queensland. The review is considering and will report on current policing methods; practical and affordable ways of improving the delivery of policing services; options for improving police/ Aboriginal interaction to increase the involvement o f the community and to solve law and order problems; whether community police should be retained in their current form, and how community police resources can be maximised. The project is expected to be finalised by December 1993.

Training The police service has developed and implemented a wide range of training programs relating to Aboriginal and Torres Strait Islander policing issues. A number of these programs have received assistance from Federal grants. These

include:

• The Intensive Community Based Experiential Training Program. Begun at Cherbourg, it has since been extended to three remote Aboriginal communi­ ties. The program provides the opportunity for first-year constables to live in an Aboriginal community for four weeks, interacting with the community on a social level without performing policing duties;

• A distance based learning module on race relations. Developed by the police service, it is being used by serving officers throughout the State. A further two modules on Aboriginal and Torres Strait Islander history and contemporary issues are in the latter stages of development and will be introduced shortly;

The Police Service contracted the Bureau of Ethnic Affairs to provide cross- cultural communication workshops throughout the State in the form of the Mobile Cross-cultural Awareness Training Unit (MOCATU). More than 60 per cent of the sworn officers are expected to have attended the workshops by the completion of the course in December 1993;

A three-day cross-cultural and communication workshop for cross-cultural liaison officers, appropriate trainers and policy staff. It was piloted at Kowanyama, a remote Aboriginal community. This type of course will also be arranged for other specialist sections of the service; and

5 4 — Overview Reports

• Federally-funded consultancies have developed programs designed to train community members to participate in police selection panels, and an induc­ tion package for police working in Aboriginal and Torres Strait Islander communities.

Recruitment The Department of Employment, Education and Training has funded a consultant to develop an Aboriginal and Torres Strait Islander recruitment strategy for sworn and non-sworn positions, and advise on appropriate support mechanisms. In

addition, a pilot program to recruit Aboriginal and Torres Strait Islander police resulted in the swearing-in of nine Aboriginal and Torres Strait Islander officers in 1993. The pilot was accompanied by the establishment of a support unit at the Queensland Police Academy to ensure necessary support for Aboriginal and

Torres Strait Islander police recmits. The pilot was made possible via bridging courses at Innisfail and Kangaroo Point TAFEs to support and assist Aboriginal and Torres Strait Islander people to reach necessary standards for entry as police recruits. These programs are continuing.

Liaison Network The police service has a network of regional police who are designated as Aboriginal and Torres Strait Islander liaison officers. These positions have

responsibility for making links with community organisations and individuals, working with the community to identify and solve policing problems, and facili­ tating communication between police and the communities.

In addition, the service has established a cross-cultural support unit which supports these officers’ roles, undertakes research, and provides advice on Aboriginal and Torres Strait Islander issues. This section also has a similar role in relation to ethnic minorities.

A recent initiative is the permanent employment by the police service of 45 Aboriginal and Torres Strait Islander people as police liaison officers in four regional centres throughout the State. The officers work closely with the State police to provide more effective policing for Aboriginal and Torres Strait Islander people.

Victoria

Aboriginal Police Liaison Committees The Aboriginal/Police Liaison Committees comprise representatives of the Abo­ riginal community and the Victoria Police. The committees address ways of

Overview Reports---- 5 5

improving communication between police and the Aboriginal communities by endeavouring to identify problems and find solutions.

Aboriginal Police Liaison Officer The Aboriginal Police Liaison Officer provides advice on Aboriginal issues and provides training to police on cultural sensitivity. The Aboriginal Police Liaison Officer also works directly with the communities and police in resolving specific

local problems.

Aboriginal Community Justice Panels Community Justice Panels comprise a group of volunteers from Aboriginal communities who work with criminal justice agencies to ensure the welfare of their community members in the criminal justice system. The aim of the program is to minimise the contact indigenous people have with the criminal justice system throughout Victoria by working with police and other agencies on appropriate diversionary programs.

The Ministry for Police and Emergency Services provided $332,000 for the administration of 20 Aboriginal Community Justice Panels in 1993-94.

Training on cultural issues The Aboriginal/Police Liaison Officer and the Chairperson of the Aboriginal/ Police Liaison Committee provide cross-cultural training at recruit and promo­ tional police training courses. The sessions aim to create a greater awareness of the cultural differences between indigenous and non-indigenous people.

Police Community Consultative Committees (PCCC) PCCCs have been established in all police districts in Victoria. The committees are a part of the Government’s Public Safety and Anti-Crime Council Strategy which aims to integrate Government, non-Govemment agencies, police and the commu­ nity in crime prevention and control issues and activities. The PCCCs are community-based and chaired by a District Commander.

Screening for racist attitudes and disciplinary action for racism The Victorian Police has screening procedures which focus on racist behaviour. If racist behaviour is identified, the applicant is rejected.

There are police regulations prohibiting racist behaviour and prescribing discipli­ nary action where racism is proved. The Internal Investigations Department gives lectures to all recruits and operational members on the issue of racist attitudes, and behaviour directed towards ensuring that it does not occur.

56 ---- Overview Reports

New South Wales

The Commissioner of Police has issued instructions which set out the requirements for all police in relation to Aboriginal land rights, and the assistance available to Aboriginal people o f consultants, Aboriginal regional co-ordinators, Aboriginal community liaison officers and Aboriginal legal aid officers.

The NSW Police Service employs 38 trained Aboriginal community liaison officers. Their function is to liaise in issues affecting the Aboriginal population and the police service. A continuing education program has been established to further the skills of these officers.

Community-based policing is the principal operational strategy of the NSW Police Service. The Service encourages Aboriginal people and Aboriginal organisations to participate in their community policing programs. Patrol commanders in areas with significant Aboriginal com m unities are encouraged to consult with representatives of those communities, particularly through the establishment of

Community Consultative Committees.

In addition, the Commissioner has established the Police Aboriginal Council which consists of 12 Aboriginal community members from across the State. Their purpose is to provide advice to the Service on Aboriginal matters.

Lay Visit Schemes and Cells Watch Schemes operate in 33 police stations throughout the State. Participation in these schemes is encouraged in Aboriginal communities.

The police service has an active Aboriginal recruitment program. Two officers within the Recruitment Unit specialise in Aboriginal recruiting and have received specific training.

The police service supports bridging courses at the Goulbum TAPE College for Aboriginal aspirants to police employment. This support includes arranging student access to the Police Academy. Fourteen Aboriginals have successfully

passed this course and, so far, six are undergoing recruit training at the Police Academy with one other Aboriginal.

Other significant NSW Police initiatives include:

• The Police/Aboriginal Policy Document Launch. This is a formal policy document prepared by the Police Service in consultation with the Aboriginal

Overview Report» --- 5 7

community to initiate future direction and commitment by the Service to Police/Aboriginal relations and issues;

The ‘EORA’ Aboriginal cultural awareness course, a formal education course to improve police awareness and sensitivity to Aboriginal cultural issues. The course is being conducted throughout NSW;

A pilot program for pre-court diversion of Aboriginal juvenile offenders. This trial project is to be conducted in partnership with senior and responsible members of the Aboriginal community; and

Community Aid Panels which include a court diversion scheme for Aborigi­ nal youth offenders to reduce the number of people in custody.

Western Australia

Aboriginal/Police and Community Relations Committees The Special Government Committee on Aboriginal/Police and Community Relations was formed by the Minister for Police in 1976.

The original committee consisted of representatives from the Police Department, Department of Aboriginal Affairs, Community Services, Aboriginal Legal Serv­ ices and the Education Department. Guidelines were established to improve relations and understanding between police and Aboriginals.

The Committee has evolved to where it now has representatives from the Depart­ ment for Community Development (Chairperson plus two representatives), three Special Government Committee staff (including two with Aboriginal background), Police and Education Departments, Aboriginal Advisory Council, Aboriginal Legal Service, Aboriginal Affairs Planning Authority and Country Shire Councils. Additional observers from Police, the Aboriginal Visitors Scheme and local Aboriginal organisations are invited to attend from time to time.

Local Aboriginal /Police Liaison Committees The formation of local Aboriginal/Police and Community Relations Liaison Committees is well suited to metropolitan areas, but is even more appropriate to country towns. The committees developed as a result of the recommendations of

the 1984 Aboriginal/Police Relations Summit in Western Australia. A Liaison Committee is one means of improving relations between Aboriginals and police, primarily by providing the opportunity for communication.

58 — Overview Reports

Parent Body The parent body, the Special Government Committee on Aboriginal/Police and Community Relations, meets monthly in Perth and more regularly, if necessary. Members include Assistant Commissioner (General and Traffic Operations),

Chief Superintendent (Community Development), and the Officer in Charge of Aboriginal Affairs Unit.

Liaison Officer Aboriginal co-operation is vital if a liaison committee is to be successful. The Special Government Committee employs a liaison officer whose job is to travel to those towns where someone (perhaps the OIC of the police station) has expressed

an interest in starting a local liaison committee.

The liaison officer consults all interested parties. Initially, he/she will concentrate on working with the local Aboriginal community to the stage where they have decided who their representatives will be. Ideally, all Aboriginal families/groups in a particular town/suburb has representation on the committee.

Driver education program During 1991, a driver training scheme for disadvantaged youth was conducted as a six-month pilot program. Part of this scheme was adopted by the Aboriginal Liaison Unit, which called upon the experience of a police aide who had previously

worked in driver training. The idea was to teach Aboriginal youths to a stage where they could gain a learner’s permit. In future, it is proposed to extend this training to practical driving tuition assisted by other police aides in the metropolitan and country regions.

One objective of the scheme is to target offenders or likely offenders, who would normally qualify for a driver’s licence, but who, for various reasons, have never obtained one. By assisting these people to gain a licence, it is hoped to boost their self-esteem and their employment prospects.

Communitv-based education programs Regional officers have initiated community and school-based education programs aimed at improving knowledge on legal and welfare matters, for example:

• Courtroom procedures;

• Warrants — the different types and their implications;

• W ork and Development Orders — explanation o f responsibilities;

Overview Reports

Court fines — time payments etc.;

• Alcohol, drug and substance abuse; and

• Neighbourhood/Industrial Watch — gain participation.

Solvent abuse Solvent abuse within Aboriginal communities is a significant problem in the Western Desert areas. Police aides are regularly called to assist when Aboriginal

youth are discovered sniffing glue and other substances. They conduct inquiries into the youths’ general safety and welfare, and attempt to educate them on the dangers involved to their personal health. Every endeavour is made to involve these youths in rehabilitation programs. Liaison with parents and teachers is the main follow-up. However, in the Fremantle area, close liaison with the Youth Project Officer from the Southern Suburbs Aboriginal Progress Association regularly results in the victims being referred to programs, such as the W estrek organisation. From time to time they offer placements at camps held at Fairbridge Farm and similar rural locations reasonably close to the city.

The Service also conducts, in conjunction with the Alcohol and Drug Authority, workshops and seminars on solvent abuse, involving care-givers from both Government and non-Govemment agencies.

Aboriginal Visitors Scheme On 8 February 1988, a recommendation made by the Interim Inquiry into Aborigi­ nal Deaths in Custody resulted in the implementation of the Aboriginal Visitors

Scheme. An inter-agency committee consisting of representatives o f the Office of the Minister for Aboriginal Affairs, the Police Department, the Department for Corrective Services, the Aboriginal Affairs Planning Authority, and the Special Government Committee on Aboriginal/Police and Community Relations, drew up a set of interim guidelines for the implementation and administration o f the scheme. The Aboriginal Visitors Scheme is one part of a broader government strategy to reduce the number of deaths in custody. Though aimed primarily at Aboriginal people, it also considers the welfare o f non-Aboriginal prisoners.

The Scheme implemented has had a profound effect upon both lock-up staff and Aboriginal detainees. In mostcases, the visitors are able to defuse a situation which would normally have caused many hours of difficulty to lock-up staff and untold stress to the aggrieved Aboriginal. The presence of the Aboriginal visitors usually helps to calm the detainee, who is more able to accept an explanation from another Aboriginal than from a police officer. Most lock-ups receive daily visits from

6 0 — Overview Reports

scheme members, or the more isolated locations have an on-call contact who will attend when required.

Aboriginal Language In an effort to break down some of the barriers, police officers from country centres, such as Port Hedland and Cue, are learning the local Aboriginal language. Relations have improved in line with this better communication.

Police Training Academy The Police Academy trains recruits, serving officers, cadets and Aboriginal aides. Staff have arranged for independent consultants on Aboriginal culture and tradi­ tions to deliver two-day seminars on Australia's indigenous cultures, thinking

patterns, and problems arising from conflicts of western and indigenous cultures.

Australian Capital Territory Government

The Australian Federal Police is Australia’s only nationally-based police service, and is a central part o f the Commonwealth Government’s criminal justice strategy. In both its federal investigative and its community policing roles, the AFP is the major institution through which the Commonwealth pursues its law enforcement

interests.

The ACT Government assumed responsibility for the provision of policing services in the ACT on 1 July 1991. In accordance with the Common wealth/ACT Policing Arrangement, the AFP’s ACT Region provides the policing service to the ACT community.

The ACT has approximately 1,400 Aboriginal or Torres Strait Islander people. Of these, 370 are children attending schools within the ACT.

The AFP ACT Region has introduced a number of initiatives to improve Aboriginal/ police relations. These range from practices and procedures, formalised in ACT Regional Instructions and AFP General Instructions, to consultative mechanisms. These include:

Aboriginal Liaison Officer On 20 November 1987, a decision was made to designate a commissioned officer based in the ACT as the Aboriginal Liaison Officer (ALO). The commissioned officer in charge of the ACT Region Community Policing Services Branch is now

Overview Reports---- 61

the ALO. Similarly, the O lC o f the Jervis Bay Police Station was designated as the ALO in that area. The aim in designating such a position was to provide a formal and positive link in the ACT between police and the Aboriginal community, and to establish a line of communication between the AFP and Aboriginal people. It was also to enhance and further develop an understanding and affinity between police and the Aboriginal community, and to establish a comprehension of such factors as custom, religion, education, and related integration issues within the AFP.

In March 1990, a liaison officer was also appointed in each of the three ACTDistrict Patrol Branches to enable members of the Aboriginal community to raise issues of concern at the local level. A liaison officer has also been appointed in the recently created fourth patrol district which covers the Tuggeranong area.

Police!Aboriginal Relationships Committee The Police/Aboriginal Relationships Committee (now known as the Police Abo­ riginal Liaison Committee — PALC) held its inaugural meeting on 24 April 1990. The PALC was meeting bi-monthly, but has not met since February 1993. The

Committee is the principal avenue through which the Aboriginal community meet with police, raise issues of concern and work together to achieve common objectives. The members of the committee were nominated by the local Aboriginal community and included representatives of the local Ngunnawal Aboriginal Land Council, the Aboriginal Legal Service and the Aboriginal Health Clinic.

The AFP ACT Region has developed a number of measures, in conjunction with the police sub-committee of the ACT Aboriginal Advisory Council, to revitalise interest in the PALC. The aim was to define more clearly the Committee’s focus and to generally improve Aboriginal/police relations. Police are hopeful that the Committee will reconvene in the near future.

Access and eauitv — general programs The AFP’s access and equity strategy is aimed at ensuring that all Australians enjoy equal access to AFP programs and services. Accordingly, a number of programs established by the AFP ACT Region, whilst not specifically directed at Aboriginal and Torres Strait Islander people, help to enhance police relations with indigenous people. These programs include the Canberra Police and Citizens' Youth Club, schools visits by the Safety Education Unit, and the Police/Schools Involvement Program (PSIP).

The AFP’s interaction with members of the Aboriginal community occurs mainly in the performance of its community policing role in the ACT and in Jervis Bay

62 — Overview Reports

Territory. The following information relates to practices applying within the AFP as a whole, and particular measures in place in the Jervis Bay Territory.

Jervis Bav Territory The Australian Federal Police provides the policing service to the community of Jervis Bay Territory, which includes the Aboriginal settlement at Wreck Bay. Four members of the AFP are deployed to the Territory.

The permanent Aboriginal population is estimated at 250, most of whom are personally known by the local police. Police believe that a good relationship exists between them and the Aboriginal community. This view is confirmed by the House of Representatives Standing Committee on Legal and Constitutional Affairs in the

March 1991 report of its inquiry into the Legal Regimes of Australia’s External Territories and Jervis Bay Territory.

Effective liaison and consultative arrangements have been made with the NSW Police Service surrounding Jervis Bay. Police at Jervis Bay are able to call on the NSW Police Aboriginal or Torres Strait Islander liaison officer at Nowra. In addition, the Aboriginal Community Liaison Officer has invited the officer in

charge of the Jervis Bay Police to be a member of the Aboriginal/Police Liaison Committee.

The AFP has established a consultative mechanism with the Wreck Bay Aboriginal Community Council in Jervis Bay. When invited, police attend the Council’s meetings. The Council also liaises regularly with police on issues of concern. Police likewise consult with the Council regarding changes in police policy and practice — for example, on the recent amendments to the Crimes Act 1914

(Commonwealth) which provide for the audio recording of interviews and restricts the time within which questioning is permissible.

Other Recommendations considered by the Australasian Police Ministers' Council (APMC)

Recommendation 60 requires police services to take all possible steps to eliminate violent or rough treatment or verbal abuse of Aboriginal and Torres Strait Islander people, including women and young people, by police officers. The Royal Commission recommended that where such conduct is found to have occurred, it

should be treated as a serious breach of discipline. The APMC has encouraged all police agencies to have in place Standing Orders or disciplinary procedures which

Overview Report» ---- 6 3

deem intolerable any violent treatment or verbal abuse of Aboriginal and Torres Strait Islander people.

Recommendation 166, which states that a machinery should be put in place for the exchange of information relating to the care of prisoners between police and corrective services authorities, has been addressed by the APMC. As a result, vital information relating to a prisoner’s mental and physical health will be passed on

with the transfer of a prisoner.

J urisdictions have also commented to the APMC on changing aspects o f community policing— the arena where the relations between police and Aboriginal and Torres Strait Islander people are played out daily. The Royal Commission pointed to the importance, at the local level, of developing a protocol between police services, Aboriginal or Torres Strait Islander legal services and relevant Aboriginal or Torres Strait Islander organisations, for interaction between police and indigenous

people. This protocol includes the notification of the relevant legal service when indigenous people are arrested or detained; the circumstances in which they are taken into protective custody because of intoxication; and concerns of the commu­ nity about local policing and other matters. Police services have made a consider­ able effort to enhance contact with their local Aboriginal and Torres Strait Islander communities, including legal services.

The APMC has also noted other initiatives at the community level to improve relations between Aboriginal and Torres Strait Islander people, including the increased use of police aides and police liaison officers. The Commonwealth welcomes the jurisdictions’ efforts to take responsibility and initiate reform beyond the strict implementation of the Recommendations of the Royal Commis­ sion.

The Police, Aboriginal and Torres Strait Islander Peoples’ National Conference in Perth, in June 1993, was a positive development in relations between Aboriginal peoples and Torres Strait Islanders and the police. Funding for the conference involved a co-operative effort between the APMC, the Australian Federal Police, the Australian Bicentennial Multi-cultural Foundation and the Aboriginal and Torres Strait Islander Commission. The conference provided Aboriginal and

Forres Strait Islander community representatives with an opportunity to voice their opinions. It also provided an awareness of the contribution they can make by participating in the monitoring and implementation of the Recommendations which relate to the improvement of Aboriginal and Torres Strait Islander/police relations. The conference also gave the Commissioners of Police the opportunity

to talk with key members of the Aboriginal and Torres Strait Islander communities.

6 4 ---- Overview Reports

A draft copy of the relevant report is being considered by the working party for implementation by the States and Territories.

The AFP has community policing functions in the Territories and the Australian Capital T erritory. A sa result, it has been involved in community policing strategies which highlight the importance of a joint police/community responsibility for crime. The principal policy objectives of the AFP in this area have been to improve

training courses, and to promote an exchange of ideas between various jurisdictions on police training/Aboriginal issues through the Police, Aboriginal and Torres Strait Islander Peoples’ National Conference. Already a national cross-cultural awareness course and a national Police/Aboriginal seminar on cross-cultural

awareness training has been held. Communities serviced by cross-cultural courses have included AFP members serving in NSW and Victoria. The First National Cross-cultural Course held in Melbourne early in June 1993 was formulated and presented by Aboriginal people from the Koori Research Centre, Monash Univer­

sity. It is envisaged that additional cross-cultural awareness seminars/workshops will be held in the ACT Region, as part of the ongoing cross-cultural training program in the Region. The cross-cultural seminar/workshops are now established

in the AFP’s training program.

In keeping with the aim to reduce the number of Aboriginal and Torres Strait Islander people being held in custody, drunkenness has been decriminalised in Jervis Bay Territory through the application of ACT law. The Commonwealth encourages States and Territories to consider the implementation of similar reforms, which will assist in avoiding Aboriginal and Torres Strait Islander

communities coming into contact with the criminal justice system.

The education system also has a part to play in promoting positive self-images for Aboriginal and Torres Strait Islander people. In 1992, the Australian Federal Police contributed to the Jervis Bay School program to develop a curriculum that takes into account the cultural background of Aboriginal people. The school now has two

support staff, one to look after the general needs of the Aboriginal children and one to attend to any special learning difficulties. The school recently received a national award for excellence in the development of its curriculum. AFP Jervis Bay members maintain a close community relationship with school staff.

The Commonwealth urges police services to regularly review their processes to enhance Aboriginal and police relations as intended by the Recommendations of the Royal Commission. Constant appraisal and revision are required.

Overview Reports----

Developments in human rights

The Government’s commitment to furthering the human rights of Aboriginal peoples and Torres Strait Islanders in particular, as well as the human rights of the Australian people in general, is evidenced by the national and international action taken by the Commonwealth Government since the establishment of the Royal Commission.

The appointment of the first Aboriginal and Torres Strait Islander Social Justice Commissioner is of historical significance. The Commissioner's duties include: ensuring that the Recommendations of the Royal Commission are fully imple­ mented, within the limit of resources allocated to the Commissioner, measuring changes for Aboriginal peoples and Torres Strait Islanders in relation to Australia’s international human rights commitments; and progress with the scope of recogni­

tion for self-determination and land rights. Mr Mick Dodson was appointed as the first Commissioner, in the Human Rights and Equal Opportunity Commission. The Aboriginal and Torres Strait Islander Social Justice Unit will assist the

Commissioner in the processes relevant to the production of the Commissioner’s Annual Report.

The Government is also considering the introduction of racial vilification legislation. The Racial Discrimination Legislation Amendment Bill was introduced into Parliament in December 1992 and extensive community consultations were held

in January and February 1993. The Bill lapsed upon the calling of the Federal election in March 1993.

Further, Australia acceded to the First Optional Protocol to the International Covenant on Civil and Political Rights on 25 December 1991. The procedure under the Protocol allows individuals to communicate with the United Nations Human Rights Committee on alleged violations by Australia of the rights recognised in the International Covenant on Civil and Political Rights.

On 28 January 1993, Australia lodged declarations with the United Nations under the following articles: Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination; Article 22 of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (the Torture Convention) and Article 41 of the International Covenant on Civil and Political Rights.

In practical terms, this means that the human rights of Australia’s indigenous people are being recognised in both the national and international spheres.

6 6 ---- Overview Reports

Legal assistance

The Royal Commission emphasised the importance of legal assistance for Aborigi­ nal and Torres Strait Islander people to enable them to deal more adequately with the criminal justice system. The Royal Commission concluded that:

The most important safeguard to the rights of Aboriginal and Torres Strait Islander people, especially in ensuring reduction in the numbers of Aboriginal and Torres Strait Islander people convicted and sentenced to imprisonment, is the provision o f competent legal representation.

Each of these Aboriginal and Torres Strait Islander legal services is an independ­ ent, incorporated body, controlled by an elected board o f directors responsible to the community it services. They range from small organisations serving one or a few local communities, to large State-wide organisations with a network of branch

offices. Their main activity is advising and representing clients in criminal matters, although there are increasing demands for special funding in civil and family matters and test cases in areas such as land rights and cultural matters.

In recognition o f the important role they have in the legal system, and their status within the Aboriginal and Torres Strait Islander community in general, the Royal Commission made a number of Recommendations for increased funding and expanded responsibilities for legal services. This was aimed at reducing the high

rates of Aboriginal and Torres Strait Islander people in prison and police custody, with a view to preventing deaths in custody.

Recommendation 105 states that ‘ ... in providing funding to ATS ELS, governments should recognise that Aboriginal and Torres Strait Islander Legal Services have a wider role to play than their immediate task of ensuring the representation and provision of legal advice’. This, other recommendations, and a number of inde­ pendent reviews of ATS ELS in recent years, highlighted the severe financial

constraints under which most of them operate.

The Commonwealth provided funding of $27m ($ 10.4m of which was part of the Commonwealth’s response to the Recommendations of the Royal Commission) in 1992-93 to a network of more than 20 legal services to provide legal advice and

representation to Aboriginal and Torres Strait Islander people.

Legal services have reported that increased services are being provided through new regional branch offices and the establishment o f additional units to target specific groups within communities, such as women and youth.

Overview Reports --- 6 7

Monitoring and reporting on deaths in custody

The work of the Australian Institute of Criminology will assist governments and the public to monitor the manner in which the criminal justice system is changing. The commitment to change exists, and the criminal justice system must capitalise

on the momentum that has gathered in the past few years. There can be no room for complacency while deaths in custody remains a concern.

The Institute conducts a national program to monitor deaths in prison, police custody and juvenile detention. It also conducts related research, which aids understanding of the causes of custodial deaths and the prevention o f such deaths. Research into the extent and nature of police custody in Australia is also undertaken as part of the program.

During the year, Institute staff have established close links with the State and Territory coroners and police, corrections and juvenile justice/juvenile welfare authorities. Data on the deaths which have occurred in custody since the Royal Commission concluded its work, have been collected throughout the year. Nego­

tiations with custodial authorities and coroners have been conducted to establish and maintain a common approach to defining a death in custody in the terms recommended by the Royal Commission Recommendations 6 and 41. As a result of these negotiations, a national uniform deaths in custody database has been established.

Research into the deaths o f juveniles in custody was completed during the year. Subsequently, two research reports were released, one in May 1993 and another soon after the year under review concluded. This research fills an important gap in the epidemiological data which was developed and published by the Royal Commission into Aboriginal Deaths in Custody.

Further, a uniform deaths in custody database has been established as part of the Institute’s National Deaths in Custody Monitoring and Research U nit’s work. From this database, three research reports were developed and widely disseminated. They were part of a new publication series entitled Deaths in Custody Australia.

The Australian Institute of Criminology is expanding its work in monitoring the use of detention in police lock-ups, adult prisons and juvenile detention centres throughout Australia. In each case, emphasis is placed on the incarceration of Aboriginal and Torres Strait Islander people. Information on their levels of over­ representation in custody (essential for monitoring the impact of the Royal Commission’s Recommendations) is published regularly.

6 8 ---- Overview Reports

During the year, the Second National Police Custody Survey was conducted. Data collection for the survey took place during August 1992; details on each instance of a person being held in police cells anywhere in Australia during the month were obtained. The survey was conducted in conjunction with each of Australia’s eight police services, which are to be congratulated for the positive approach they took

to this project. A preliminary report on the survey was released in March 1993 and a detailed report is being prepared for release towards the end of 1993.

Police, prison and juvenile detention centres now have established a common approach to data collection. The primary benefit is the consistency in statistics which are now being produced by the Institute. Its monthly publication, Australian PrisonTrends, now includes data on the number of indigenous people in prison and their imprisonment rates, as does the annual National Prison Census.

Substantial advances were made in the development o f uniform statistics relating to people in juvenile detention. For the first time, national data identifies Aboriginal and non-Aboriginal people separately. Torres Strait Islanders are not identified, because most of the States and Territories do not make such data available.

Custodial facilities

While the Commonwealth does not operate its own correctional system, it has raised several key matters at the Conference of Corrective Services Ministers in July 1992. As a result, all jurisdictions are reviewing the minimum standards relating to the accommodation of prisoners in Australian States and Territories. A

draft document outlining recommended minimum standards has been prepared. It is envisaged that the document will be discussed at the next meeting of the Conference of Corrective Services Ministers.

At the 23rd meeting of the APMC (23 November 1992), the AFP presented its report on the draft Standard Guidelines for Police Custodial Facilities, prepared in consultation with the jurisdictions and relevant Aboriginal and Torres Strait Islander communities. In May 1993, the final AFP report on Recommendation 332

was noted and the Standard Guidelines for Police Custodial Facilities were endorsed as providing an indicative model for design and operation of all custodial facilities in all jurisdictions.

The thorough consultation between Ministers and Aboriginal and Torres Strait Islander community groups have been crucial to the successful implementation of the Recommendations relating to accommodation o f prisoners.

Overview Reports---- 6 9

The Royal Commission recognised the need for Corrective Services authorities to ensure that all Aboriginal and Torres Strait Islander prisoners have the opportunity to perform meaningful work, as well as undertake educational courses in self development, skills acquisition, vocational education and training. With the assistance of the Australian Institute of Criminology, the Department of Employ­ ment, Education and Training is responsible for the development of a comprehen­ sive national strategy designed to improve opportunities for education and training of those in custody.

The Department is convening a conference in November 1993 of representatives from the corrective services in each State and Territory. The conference will work toward the development of a comprehensive national strategy designed to improve opportunities for education and training o f those in custody. The strategy will address the needs of all prisoners.

Moreover, the findings of the Royal Commission recognised the need for increased employment opportunities within correctional institutions and police services. In response to Recommendations 114, 119, 174, 178 and 229 funding was made available in June 1992 to States and Territories to develop or strengthen Aboriginal and Torres Strait Islander employment in the police, correctional and juvenile detention services, non-custodial sentencing areas and court systems.

Under the Training for Aboriginals and Torres Strait Islanders Program (TAP) $4.45 million was allocated, of which NSW received about $ lm ; the ACT $65,000; Tasmania $150,000; Qld $1.5m; SA $lm ; Victoria $100,000; WA $500,000; and

the Northern Territory $150,000.

Other legislative developments

A central theme of the Royal Commission is that, where possible, every attempt should be made to divert offenders from custody. The first group of diversion schemes are those which occur before a defendant arrives before the court and concern the interaction with police, the arrest or charge on summons and the questions of bail. Crucial to all these matters is the relationship between police and

Aboriginal peoples and Torres Strait Islanders. 1 he Royal Commission recommended that governments should review relevant legislation and police standing orders to ensure that police officers do not exercise their powers of arrest in relation to Aboriginal and Torres Strait Islander juveniles.

7 0 ---- Overview Reports

Rather, they should formally or informally caution, unless there are reasonable grounds for believing that arrest is necessary. The recently-drafted Crimes (Search Warrants and Powers of Arrest) Amendment Bill 1993 will provide that a constable must take into account the safety and welfare of a person when considering whether

the power of arrest should be exercised. This will ensure appropriate consideration of factors such as Aboriginality and youth when considering whether a summons should be used instead of arrest.

The Bill will insert into the Crimes Act 1914 (Commonwealth) the provision that a constable may arrest a person, including a juvenile, if he or she believes that the person has committed or is committing an offence, and that proceedings by summons would not preserve the safety or well-being o f a person.

Moreover, the Commonwealth has comprehensively reviewed child welfare legislation and has enacted the Children Services Act 1986 (Commonwealth), which provides for cautions. It also places limitations on the arrest and subsequent trial of children in the Australian Capital Territory and Jervis Bay Territory.

Another legislative milestone is the drafting of the Coroners (Amendment) Bill 1993 (ACT). The Royal Commission recommended that as soon as practicable after receiving advice of a death in custody, the State Coroner should appoint a solicitor or barrister to assist the coroner, who will conduct the inquiry into the death. The Royal Commission also recommended that the appointed officer should be independent of relevant custodial authorities and officers. The Bill will amend the Coroners Act 1956 (ACT), which applies in Jervis Bay Territory as a law of the

Commonwealth, to require coroners to appoint a legal practitioner to assist in inquiries and inquests into deaths in custody.

The Commonwealth has also been examining the issue of the recognition of Aboriginal customary laws and in particular the observations o f the Australian Law Reform Commission (ALRC) Report No. 30, The Recognition of Aboriginal Customary Laws. The Commission took the approach that:

... problems o f recognition can be minimised by approaching the Reference in a functional way, issue by issue: it maximises the extent to which Aborigines may retain control over their laws, and enables proposals to be formulated that reflect the fact that Aboriginal customary laws continue to be subject to external pressures, and that they vary from community to community, both in strength and content. Functional recognition also avoids creating separate systems o f law.

Overview Reports ---- 7 1

The Commonwealth is reviewing the rate of progress in this area and ATSIC is endeavouring to ensure that the spirit and content of Aboriginal aspirations are brought to the attention of all relevant forums, with the goal of facilitating substantial participation in the processes o f law and order.

The High Court decision in the Mabo case established the recognition by the common law of the legal force of customary indigenous rights to land in situations where such rights have continued uninterrupted and have not been extinguished by the general law. This decision will impact upon future considerations of other matters relating to native title and rights.

Conclusion

There have been some developments made in the pursuit of justice for Aboriginal peoples and Torres Strait Islanders. As a result, our criminal justice system is beginning to reflect an appreciation of the disadvantage and alienation faced in the past by our indigenous people when coming before the law. But the process of

change does not end here. The Government remains committed to the implemen­ tation of the Royal Commission’s Recommendations, as well as the scrupulous monitoring of the expenditure of th e $150m allocated to the implementation of the law and justice initiatives over five years.

Finally, the Government emphasises that the Commonwealth has concentrated on developing consultative processes with Aboriginal peoples and Torres Strait Islanders on implementation of the Recommendations of the Royal Commission. It is because of these consultations that the Government is confident that the law and justice initiatives have their support, which is essential if the initiatives are to work. Consequently, there is a commitment to consultation on the future develop­ ment of these and other justice programs.

72 — Overview Reports

Empowerment

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ATSIC) Miss Lois O'Donoghue, CBE, AM Chairperson, ATSIC

Findings of the Royal Commission

A central theme running through the Royal Commission report is that the inequality and disadvantage which Aboriginal peoples and Torres Strait Islanders in Australia face are the most significant contributing factors to their over-representation in

custody. The report argues that this disadvantage is the product of a history of domination of Aboriginal and Torres Strait Islander society by non-Aboriginal interests, and enforced dependency on and neglect by the wider society.

The report stresses that to address and eliminate disadvantage ‘... requires an end to domination, and an empowerment of Aboriginal people; that control of their lives, of their communities must be returned to Aboriginal hands’.

The Royal Commission and governments have recognised that Aboriginal peoples and Torres Strait Islanders and their organisations, by their own efforts to re­ establish the strength of their communities, to restore self esteem, to protect their culture and to achieve equal rights in all fields, continue to demonstrate their will

for self-determination.

It was accepted that Aboriginal peoples and Torres Strait Islanders have a unique status among Australians as the original inhabitants of the country, and a right to retain their unique cultures and identities. The principle of self-determination was seen as both the expression and guarantee of that right.

The Royal Commission stressed that the material assistance necessary to tackle Aboriginal and Torres Strait Islander disadvantage and to address past deprivation must be provided in ways which increased the empowerment of Aboriginal and Torres Strait Islander societies, and lessened the sense and perception of depend­ ency. At all times, the broader society, particularly through governments, must

approach relationships with Aboriginal and Torres Strait Islander societies on the basis of the principles of self-determination.

Overview Reports 7 3

The Aboriginal and Torres Strait Islander Commission (ATSIC)

The establishment of ATSIC, with its Regional Council structure and elected representatives, remains a key element in the Commonwealth Government’s commitment to greater self-determination and empowerment for Aboriginal peo­ ples and Torres Strait Islanders.

The objects of the Aboriginal andTorres Strait Islander Commission Act 1989 aim to maximise participation of Aboriginal peoples and Torres Strait Islanders in the formulation and implementation of government policies that affect them, and to recognise their past dispossession and present disadvantaged position in Australian society. ATSIC has developed further, in its Corporate Plan for 1992-94, the theme of empowerment and self-determination :

... to secure the empowerment of our people so that, through self-determination, we can make the decisions that affect our lives and share in Australia’s land, wealth and resources, contributing equitably to the nation’s economic, social and political life, with full recognition of our indigenous cultural heritage as first Australians.

The Commission is responsible for advising the Commonwealth Government on matters relating to Aboriginal and Torres Strait Islander affairs. In addition to administering its own range of specific programs, it is also required to monitor the effectiveness of other programs for Aboriginal peoples and Torres Strait Islanders. It has a general co-ordinating and advisory role in Commonwealth activities, and is a point of contact between the Commonwealth and other levels of government

in Aboriginal and Torres Strait Islander affairs.

The popularly-elected Regional Councils provide a representative base for partici­ pation in Government decision-making, policy formation and planning by Abo­ riginal andTorres Strait Islander people. The 1993 Regional Council elections will provide the Aboriginal and Torres Strait Islander electorate with the opportunity to exercise their choice of candidates to most effectively represent community interests for the next three years.

The ATSIC Act was amended in 1993 to streamline the Regional Council structure and provide greater efficiency in its planning, co-ordination and program imple­ mentation activities. The amendments will also provide for a greater empower­ ment at the regional and community level. A ward system introduced as part of the electoral process will ensure equitable participation by all interest groups within Regional Council areas in the election of Regional Councillors.

---- Overview Reports

A reduction in the number of Regional Councils will improve the effectiveness of administration between ATSIC and other relevant Commonwealth, State and local government agencies. The amendments are the result of a review of the Act conducted by ATSIC and involved wide consultation with Regional Councils and

submissions from other interested groups.

An important change involved the establishment of the Torres Strait Regional Authority to supersede the Torres Strait Regional Council. This Authority will have powers and functions similar in scope to ATSIC, and represents significant increased empowerment to indigenous people living in the Strait.

The new Regional Councils established by ATSIC elections in late 1993 will have greater responsibilities and powers, together with improved resources to carry out their functions. Their elected Chairpersons will be full-time officers, while the Regional Council membership will elect 17 of the 19 full-time Commissioners who

will comprise ATSIC’s controlling Board.

Notwithstanding the direct importance of ATSIC as a deliverer of Aboriginal and Torres Strait Islander special assistance programs and as a vehicle for Aboriginal and Torres Strait Islander empowerment, its activities need to be seen as comple­ menting mainstream responsibilities at the State, Territory and Commonwealth

levels. Many Aboriginal and Torres Strait Islander people rely on mainstream Commonwealth agencies, and State and Territory governments to meet their normal service delivery responsibilities.

The Commonwealth has sought to promote, through the Commission structure, greater opportunities for Aboriginal and Torres Strait Islander people to influence and participate in the design, planning and implementation of mainstream pro­ grams and services that affect them. The establishment of effective links between

ATSIC and State and Territory governments has also increased the scope for Aboriginal participation in development of government policy, and program implementation and co-ordination.

The development of Regional Plans by each of the Regional Councils fulfils a requirement under Section 94 of the ATSIC Act, and provides a basis for the elected Councils to co-ordinate the efforts and inputs of provider agencies. In this way, the capacity of councillors, and community members who elect them, to influence

directly the priorities for development in their communities is markedly enhanced. Generally, Commonwealth departments and agencies have reported greater in­ volvement with ATSIC in program design, and arrangements for consultation with Aboriginal peoples and Torres Strait Islanders.

Overview Reports--- 7 5

The Commonwealth will encourage this trend, particularly through supporting the establishment of links between mainstream program and service deliverers at the ATSIC Regional Council level.

Aboriginal and Torres Strait Islander organisations

The Royal Commission emphasised the role o f Aboriginal and Torres Strait Islander organisations in empowering indigenous people. Such organisations are important in providing community cohesion and leadership. They assert Aborigi­ nal and Torres Strait Islander identities and protect the rights of individuals. The principles of self-determination and autonomy underpinned Royal Commission

Recommendations concerning the relationship between these organisations and government.

The Royal Commission stressed that Aboriginal and Torres Strait Islander organi­ sations be given preference in the delivery of programs and services. Where that was not possible, services should be delivered in consultation with appropriate indigenous organisations. All governments supported this Recommendation.

During 1992-93 these principles were further endorsed by the Council of Austral­ ian Governments in the National Commitment to Improved Outcomes in Program and Service Delivery for Aboriginal People and Torres Strait Islanders.

This document sets out key principles and objectives to be adopted by governments in delivery of programs and services to Aboriginal and Torres Strait Islander people. One of the guiding principles of the National Commitment is that all

governments negotiate with and maximise participation by Aboriginal people and Torres Strait Islanders through their representative bodies — including ATSIC, Regional Councils, State and Territory advisory bodies and community-based organisations — in the formulation o f policies and programs that affect them. It

al so encourages a preferred role for Aboriginal and T orres Strait Islander suppliers.

The National Commitment provides a framework for bilateral agreements between the Commonwealth and the States and Territories. These agreements are to detail arrangements and objectives for specific functional areas of program and service delivery.

Several Commonwealth Departments have reported initiatives aimed at greater direct use of Aboriginal and Torres Strait Islander providers or improved consul­ tation processes.

76 — Overview Reports

Examples include the Department of Employment Education and Training’s redesign o f tendering guidelines to help Aboriginal and Torres Strait Islander organisations tender for training of their clients. The Department o f Health Housing Local Government and Community Services is trialing a number of

initiatives to improve the accessibility and acceptability o f its programs and services for Aboriginal and Torres Strait Islander people, and to promote the rights and responsibilities of organisations receiving grants. ATSIC grants also over­ whelmingly support service delivery by Aboriginal and Torres Strait Islander

organisations.

Recommendations were also made to strengthen the autonomy of the funding relationship between Aboriginal organisations and government, and provide for greater flexibility and planning capacity. These include recommendations for streamlining funding processes for Aboriginal and Torres Strait Islander community

organisations — specifically the provision of block funding and triennial funding commitments, and rationalisation across governments of funds sourcing, monitor­ ing and accounting. The Royal Commission also stressed the need for appropriate training within Aboriginal and Torres Strait Islander organisations.

During 1992-93 a number of Commonwealth Departments took steps to review grant procedures and performance indicators. The aim was to simplify relation­ ships between Aboriginal and Torres Strait Islander organisations and government funding sources. ATSIC has begun a review of its entire budgetary and financial processes to streamline the budgetary process and simplify grants procedures.

These initiatives, together with the devolvement of decision-making and increased authority to Regional Councils, will help improve the planning regime for many funded organisations.

The Royal Commission’s Recommendation concerning single source funding has also been supported as an objective. However, the separate responsibilities exer­ cised at different levels of government mean that multiple sources of funding will continue. This matter has been proposed for discussion at the Australian Aborigi­

nal Affairs Council. Some scope for single source funding and rationalisation of accounting and monitoring between different spheres of government may be provided by govemment-to-govemment agreements. An example of this is a proposal to integrate aspects of ATSIC’s housing grants program with State

Aboriginal rental housing programs funded under the Commonwealth-State Hous­ ing Agreement.

At the same time, Commonwealth departments and agencies aimed at minimising funding sources within their own program areas. Within ATSIC, Regional Coun-

Overview Reports --- 7 7

cils have increased program funding responsibilities and increasing discretion to determine the allocation of funds. This will provide greater opportunity to ration­ alise funding. The Commission is also examining the scope within its own programs for integrated, rather than program-based funding.

Other departments, such as Health, Housing, Local Government and Community Services, are also examining whether integrated funding with a single source of payments and accountability can be introduced from more than one appropriation. Special appropriations already exist for Multi-Purpose Centres and services which provide a range of health services. Two of the 31 Multi-Purpose Centres are operated by Aboriginal and Torres Strait Islander organisations.

The Commonwealth has also sought to involve Aboriginal and Torres Strait Islander people at the State and Territory level. It has funded governments to establish or enhance mechanisms for Aboriginal and Torres Strait Islander involve­ ment in deciding the implementation and monitoring o f each government’s response to the Recommendations of the Royal Commission.

Individual empowerment

Increased collective empowerment of Aboriginal peoples and Torres Strait Island­ ers through their communities and organisations provides an important basis for individual empowerment, and for protection of individual rights.

The Commonwealth recognises the importance of planning to meet the needs of Aboriginal peoples and Torres Strait Islanders. This includes designing specific programs, as well as providing access to, and achievable outcomes from, main­ stream services such as education, health and housing.

The provision of culturally appropriate education and training helps to improve individual empowerment, and employment, and income equity. The Common­ wealth’s Aboriginal Education Policy and the Aboriginal Employment Develop­ ment Policy address this aspect.

The Royal Commission stressed the importance of the long-term goal of the education policy for Aboriginal and Torres Strait Islander parents and community members to participate in the planning, delivery and evaluation of pre-school, primary and secondary education for their children. The Royal Commission viewed this goal as inextricably linked with strengthening Aboriginal and Torres

Strait Islander identities, decision-making and self-determination.

7 8 ---- Overview Report,

The empowerment of Aboriginal peoples and Torres Strait Islanders requires the removal of linguistic, cultural and racial barriers which have inhibited their access to the full range of government services.

The Commonwealth has been concerned that the 1992 evaluation of the Common­ wealth Access and Equity Strategy found that the Strategy had failed to make a significant impact on removing those barriers. The evaluation indicated that cultural and other constraints caused Aboriginal and Torres Strait Islander people

to use services less than other people, and that they often perceived the services as not intended for them.

There is a need to continue to address the situation, particularly in mainstream departments and agencies.

The Royal Commission emphasised the need for government employees involved in delivering services to Aboriginal peoples and Torres S trait Islanders to be trained to understand and appreciate the traditions and culture o f contemporary Aboriginal and Torres Strait Islander societies. Cross-cultural training remains an important

element of strategies to address Aboriginal and Torres Strait Islander access and equity needs.

A number of agencies have reported on initiatives taken to introduce cross-cultural training for staff. For example, the Department of Employment, Education and Training has developed a cross-cultural training package as part of its Aboriginal and Torres Strait Islander Recruitment and Career Development Plan. ATS IC has

introduced a cross-cultural training course for all staff. Sixty Aboriginal and Torres Strait Islander staff have been trained and accredited as mediators to deliver training. ATSIC is also examining the role it can play in helping to meet the demand for training in other Commonwealth departments and agencies.

Significant efforts have also been made to improve information about programs and services for Aboriginal and Torres Strait Islander people. A number of Commonwealth departments and agencies, including ATSIC, have produced more culturally appropriate and easier to understand forms and other grant documenta­

tion. The Department of Social Security has extended its Aboriginal and Torres Strait Islander Interpreter Service, so far the only indigenous language service offered by a Commonwealth agency. This now operates from 11 Social Security Regional Offices.

As a result of the Evaluation of the Commonwealth Access and Equity Strategy, there is a sharper focus on Aboriginal peoples and Torres Strait Islanders. The

Overview Reports---- 7 9

Minister for Aboriginal and Torres Strait Islander Affairs has asked the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs to inquire into the effects of the Strategy on Aboriginal and Torres Strait Islander people. The Committee was due to present its report in December 1993.

During 1992-93, the Commonwealth also implemented its commitment to appoint an Aboriginal Social Justice Commissioner in the Human Rights and Equal Opportunity Commission. It should enhance monitoring o f and reporting on implementation of Royal Commission Recommendations. The Aboriginal and Torres Strait Islander Social Justice Commissioner is required to prepare an annual report on Aboriginal and Torres Strait Islander human rights issues. The first of these reports was expected to be presented in November 1993.

The second ATSIC Regional Council elections on 4 December 1993 provide the opportunity for Aboriginal and Torres Strait Islander people to vote for candidates who will represent their interests as Regional Councillors for the next three years. When it was introduced in 1990, this practical example of empowerment was

unprecedented in indigenous affairs.

80 ----- O verview Reports

Aboriginal Peoples and Torres Strait Islanders and Australian Society

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION Miss Lois O'Donoghue, CBE, AM Chairperson, ATSIC

Findings of the Royal Commission

Aboriginal peoples and Torres Strait Islanders continue to be the most disadvan­ taged of Australians across a range of indicators. In areas such as employment, income, health and housing, they face worse outcomes, have greater problems and fewer opportunities than the rest of the Australian population.

A range of Royal Commission Recommendations dealt with these issues — of strengthening Aboriginal and Torres Strait Islander families and communities, developing greater wider-community understanding of Aboriginal and Torres Strait Islander societies, promoting employment in the public and private sectors,

and addressing discriminatory practices and racism particularly through Aborigi­ nal and Torres Strait Islander people’s use of anti-discrimination mechanisms.

Recommendations also urged greater awareness by governments and their agen­ cies of the need to tackle barriers to Aboriginal and Torres Strait Islander access and equity in the provision of services, and to address their land needs and entitlements. It was seen that media coverage of Aboriginal and Torres Strait Islander issues

needed improvement, and indigenous media strengthened. A cross-party approach was also needed on national reconciliation between Aboriginal peoples and Torres Strait Islanders and the wider community in Australia.

There has been significant progress in the last 12 months in addressing Royal Commission Recommendations. However, the removal of disadvantage and inequality of Aboriginal peoples and Torres Strait Islanders is not something which will be achieved in a short time. This is particularly the case with wider community perceptions of, and attitudes towards, Aboriginal peoples and Torres Strait Island­

ers.

Overview Reports---- 8 1

Census data and other surveys

During 1992-93, preliminary data from the 1991 Census became available and analysis commenced. The Australian Bureau of Statistics will publish its general profile of the indigenous population in late 1993, comparing it with the total Australian population in key areas such as education, employment and housing.

Analysis of employment outcomes, labour market participation and education will inform major reviews of the Aboriginal Employment Development Policy and the National Aboriginal Education Policy to be conducted in 1993-94.

In the five years since the previous Census, the Aboriginal and Torres Strait Islander population grew by 16.6 per cent— slightly more than double the rate for the Australian population. This growth rate reflected, in part, an increasing willingness by people to identify as Aboriginal or Torres Strait Islander— a sign of growing self-confidence in the indigenous community. Preliminary results

indicated a continuing pattern of disadvantage for Aboriginal and Torres Strait Islander people.

While important understanding of the status of Aboriginal peoples and Torres Strait Islanders and trends will be derived from the Census results, the Royal Commission recognised that additional information must be collected regularly to

enable a comprehensive and up-to-date picture to be presented.

The Australian Institute of Criminology therefore undertook the collection of data on indigenous people held in custody and the incidence of deaths in custody. Its 1992-93 examination o f trends and evaluation of the impact of government initiatives showed significant improvements. However, custody and incarceration

rates for indigenous people remain disproportionately high.

During the year, the Australian Bureau of Statistics designed a special National Aboriginal and Torres Strait Islander Survey. As recommended by the Royal Commission, the survey was based on ATSIC Regional Council boundaries. The Bureau consulted ATSIC and Aboriginal and Torres Strait Islander community

interests on the design of the survey, and scheduled trials in m id-1993. It will be undertaken in the first half o f 1994.

The ATSIC Aboriginal Community Infrastructure and Housing Needs survey was also completed during 1992-93. A final report in late 1993 will incorporate important information from the 1991 and 1986 Censuses.

8 2 — Overview Reports

Awareness of Aboriginal and Torres Strait Islander culture

The Royal Commission noted that many Aboriginal and Torres Strait Islander people wanted aspects of their histories, traditions and contemporary cultures made known. Recommendations urged government to support the introduction to non­ Aboriginal people of Aboriginal and Torres Strait Islander history and culture,

including the activities of Aboriginal and Torres Strait Islander museums and cultural centres.

These Recommendations have been identified as key issues for reconciliation by the Council for Aboriginal Reconciliation. They include:

• a sense for all Australians of a shared ownership of their history; and

• recognition that Aboriginal and Torres Strait Islander cultures are a valued part of Australian heritage.

A range of activities has been reported for 1992-93. They include the continued promotion of contemporary Aboriginal and Torres Strait Islander culture through publications and public awareness activities of ATSIC. ATSIC also introduced important strategies to facilitate Aboriginal and Torres Strait Islander participation

in cultural tourism, and provided additional support for the Aboriginal arts industry.

At the same time the Australia Council continued to support development and promotion of indigenous arts as an integral part of national cultural life. Signifi­ cant new commitments to Aboriginal and Torres Strait Islander cultural develop­ ment have been made by the Government in its cultural policy statement, Distinctly Australian.

Nationally agreed guidelines for teaching indigenous studies in schools are getting closer. At the same time, the Department of Employment Education and Training has encouraged Aboriginal and Torres Strait Islander people to research local histories for school and community dissemination. Special programs in cross-

cultural training for teachers have also begun. A National School Speakers program will be introduced as part of the Aboriginal Education Strategic Initiatives Program, to provide a co-ordinated program of Aboriginal and Torres Strait Islander guest speakers and teachers in schools.

Overview Reports — 8 3

The media

The Royal Commission recognised the crucial role that the media plays in shaping perceptions of Aboriginal peoples and Torres Strait Islanders. It made a number of Recommendations aimed at ensuring the viability of indigenous media organi­ sations, and at bringing about changes in media industry practices on reporting Aboriginal and Torres Strait Islander affairs.

During 1992-93 the Commonwealth initiated action on both fronts to address the concerns expressed in the Royal Commission’s Report.

ATSIC has adopted a new broadcasting policy which takes into account the Recommendations o f the Royal Commission’s report. The policy aims to secure the empowerment of Aboriginal peoples and Torres Strait Islanders through control of their own broadcasting and communications services, and access to other

wider community services.

A key event was a conference convened by the Commonwealth in February 1993 to discuss major issues of concern to the Royal Commission, including the role of indigenous media organisations, employment and training of indigenous people in the media, development of codes and practices, promoting better understanding between indigenous media interests and the wider industry, and incorporating indigenous affairs elements in journalism courses.

A draft Statement of Principles for Media Reporting of Aboriginal and Torres Strait I slander Issues in Australia was considered as part of the conference, and has subsequently been circulated for comment. The Statement is undergoing final amendment prior to public release.

Significant progress has been made by the Department of Employment, Education and Training in developing employment and career strategies with Commonwealth media groups. In addition to the Australian Broadcasting Corporation and the

Special Broadcasting Service, agreements were negotiated with Film Australia, the Australian Film Commission, the Film Finance Corporation and the Australian Film Television and Radio School. Employment strategies have also been agreed with a number of non-government media groups, although progress in the commer­ cial print and television sector has generally been less successful. Further effort is foreshadowed in this area.

By addressing the overall position of Aboriginal peoples and Torres Strait Islanders in Australian society, the Royal Commission stimulated more informed media

8 4 — Overview Reports

reporting of indigenous issues. Developments of the past 12 months, particularly relating to the High Court decision on native title and the Commonwealth’s response, and the focus on indigenous issues generated by the International Year of the W orld’s Indigenous Peoples have prompted informed coverage, and placed

indigenous issues high on the national media agenda.

Essential services in Aboriginal and Torres Strait Islander communities

The Royal Commission was generally concerned that Aboriginal and Torres Strait Islander people should not be discriminated against in the delivery of essential services. This applied particularly where, because of low levels of income, they were unable to contribute to those services to the same extent as non-indigenous

Australians living in similar circumstances and locations.

In the National Commitment to Improved Outcomes in the Delivery of Programs and Services for Aboriginal Peoples and Torres Strait Islanders endorsed by the Council of Australian Governments in December 1992, the Commonwealth and State, Territory and local governments jointly affirmed support for access and

equity principles. All governments agreed to ensure that Aboriginal peoples and Torres Strait Islanders should receive no less a provision of services than other Australian citizens. In so doing they aimed to provide:

• improved access for Aboriginal people and Torres Strait Islanders to main­ stream programs;

• services which are adequate and culturally appropriate;

• information about rights to and availability o f services;

• effective resourcing of services; and

• Aboriginal peoples and Torres Strait Islanders and their communities with the opportunity to negotiate, manage or provide their own services.

One Recommendation of the Royal Commission concerned equitable distribution of funds provided by the Commonwealth to the States for local government use. Aboriginal and Torres Strait Islander residents living within the jurisdiction of local government authorities should receive equitable servicing from those au­ thorities.

Overview Reports---- 8 5

It is recognised that grants provided to the States and Territories under the Local Government Assistance Act 1986 are distributed to local government authorities as untied assistance. Funds are according to priorities established at this level, although amendments to the Act in 1992 have provided for road funding to be provided to Aboriginal communities recognised as performing local government functions. The Commonwealth is continuing to urge local government to respond more positively to needs o f Aboriginal and Torres Strait Islander constituents.

Commonwealth departments and agencies have been working closely with the Australian Local Government Association to improve relationships and Aborigi­ nal and Torres Strait Islander access to local government services. A primary achievement has been the establishment o f a National Reference Group which is examining a range o f issues including employment, access and equity, cross- cultural training, representation in local government, promotion of best practice and liaison between local government and ATSIC Regional Councils.

A number of initiatives recommended by the Reference Group have been funded by the Commonwealth. They include establishment of Aboriginal policy officer positions in relevant local government associations, local government employ­ ment strategies in New South W ales and Victoria, and regional workshops. Aboriginal Reconciliation Awards in local government have also been established, along with initiatives to promote local government involvement in National Aboriginal Day activities.

A review of the Local Government Assistance Act in 1994 will examine access and equity issues for Aboriginal peoples and Torres Strait Islanders.

Strengthening families and communities

The Royal Commission placed great emphasis on strengthening the role of indigenous people in controlling their own community affairs, and on promoting the opportunity for their equitable participation in wider community life.

The dispossession, domination and marginalisation of Aboriginal peoples and Forres Strait Islanders over the past 200 years was found to have had debilitating outcomes for them at the community, family and individual level.

Those individual Aboriginal and Torres Strait Islander people whose lives and deaths were investigated by the Royal Commission revealed a pattern of State intervention, ordering and monitoring.

8 6 ---- Overview Bgggrti

A frequent occurrence was the childhood separation from natural families by State authorities, missions or other institutions. O f the 99 people whose deaths were investigated, 43 had been separated from their families in childhood.

The Royal Commission recommended assisting Aboriginal and Torres Strait Islander people to re-establish links to family and community, where these had been severed or attenuated by past government policy.

Enhanced support to organisations such as Link-up was recommended, along with the provision by governments of access to records relating to the family and community histories of Aboriginal peoples and Torres Strait Islanders. The Royal Commission also recommended legislative recognition of the role o f indigenous

childcare agencies.

As a result, ATSIC has extended its Link-up program to support work being undertaken to locate and reunite Aboriginal and Torres Strait Islander families. Additional support was provided for services in each State and Territory. In Western Australia, Curtin University was funded to develop and conduct work­

shops for Aboriginal and Torres Strait Islander families to do their own research.

In addition to specific funds provided by the Commonwealth to implement Royal Commission recommendations, ATSIC allocated additional funds in 1992-93 to support projects in Victoria and Tasmania. The Link-up organisations were also supported to hold two national conferences which enabled development of a

national approach to the issue of access to government records and archives.

All governments supported Recommendations concerning improved access to official records. In some States legislative changes have already resulted in more equitable access to government records, subject to privacy considerations. Others are considering the matter and expect to pass legislation.

In 1992-93, Australian Archives prepared a comprehensive guide to records in its ACT Regional Office which related to Aboriginal people. It also participated in a joint venture with the Victorian Public Records Office to prepare a guide to State and Commonwealth records held in Victoria.

Australian Archives reported providing extensive assistance to Aboriginal people researching records in its Victorian and Northern Territory offices, and discussions were planned with ATSIC to consider formalising this type of assistance. Austral­ ian Archives was also examining further improvement of access to significant

groups of its records relevant to Aboriginals and Torres Strait Islanders.

Overview Reports--- 8 7

Aboriginal childcare agencies have the task of advising governments on fostering and child placement issues. During 1992-93 the Commonwealth, States and Territories, and the Secretariat for National Aboriginal and Islander Childcare Agencies began negotiations on the future o f these agencies. ATSIC funded a working group from the Secretariat and Aboriginal childcare agencies to develop a position paper on issues of childcare agency policy and support.

Land

The Royal Commission recognised the differing land needs o f Aboriginal peoples and Torres Strait Islanders, and emphasised the need for legislation and accelerated processes in all jurisdictions to comprehensively address these land needs.

The provision of secure title to land was seen as necessary to ensure a firm base for improvement in the living standards in many Aboriginal communities, particularly discrete Aboriginal communities or where Aboriginal people lived in inadequate conditions on the fringes of towns.

Other recommendations dealt with rights o f Aboriginal people concerning their control of access to and development o f unalienated Crown land granted to them, granting of former Aboriginal reserve or mission land, and accommodating the

needs of Aboriginal communities historically or traditionally associated with expiring pastoral leases. For those who could not pursue claims to lands on the basis of historic or traditional association, the Royal Commission recommended that land needs be addressed by other processes, including purchase of land for social, recreational and community purposes.

The AboriginalLandRights (Northern Territory) Act 1976provides for inalienable freehold title to over 260,000 square kilometres of former reserve, mission and other land, and over 244,000 sq km o f unalienated Crown land. Since 1989, a Memorandum of Understanding between the Commonwealth and the Northern Territory has facilitated the granting of a further 35 areas of land on portions of

former stock routes and reserves.

I he Commonwealth has also been involved in land acquisition since the 1970s, first through the Aboriginal Land Fund Commission, then the Aboriginal Devel­ opment Commission and, since 1990, through ATSIC. Purchases have been made in all States and the Northern Territory and for a range o f social, economic and traditional uses. Since 1972-73, land acquisitions have been valued at more than $60m in 1992-93 dollar values.

8 8 ---- Overview Report»

During 1992-93,17,534 sq km of land were granted following 37 separate claims under the Aboriginal Land Rights (NorthernTerritory) Act 1976. Land acquisition in all States and the Northern Territory through ATSIC totalled $20.7m. This was the most land thus acquired in a single year. Special funding as a result of the

Commonwealth ’ s response to the Royal Commission ’ s report amounted to $6.073m for the year.

The High Court decision on native title in June 1992 was a milestone in recognition of indigenous land rights.

Since the decision, the Commonwealth has engaged in extensive consultations — including Aboriginal and Torres Strait Islander people, States and Territories, mining, pastoral and other industry groups — in designing a legislative response

which will recognise and protect native title but which will also ensure the integrity of Australia’s land management system.

Complementary to arrangements to determine native title claims, the Common­ wealth also foreshadowed, amongst other options, the creation o f a national Aboriginal and Torres Strait Islander land fund to primarily assist the many Aboriginal and Torres Strait Islander people whose dispossession means they can

receive no direct benefit from the High Court decision.

Reconciliation

The final Recommendation of the Royal Commission highlighted the need for comprehensive reconciliation between Aboriginal peoples and Torres Strait Is­ landers and the wider Australian community, and the requirement for bipartisan public support for the process.

This Recommendation preceded the unanimous passing o f the Councilfor Aborigi­ nal Reconciliation Act 1991 in the Commonwealth Parliament, and the establish­ ment of the Council for Aboriginal Reconciliation.

During 1992-93, the Council has concentrated on raising community awareness of the need for reconciliation and the nature o f that process, and has used ongoing market research for evaluation and planning. Community groups, including religious organisations, women’s groups, local government, schools, and Aborigi­ nal and Torres Strait Islander communities have been involved. The Council has

also promoted reconciliation in the key mining and rural sectors through its mining and rural committees. The Council’s mining committee has presented a report to

Overview Reports --- 8 9

the Prime Minister outlining strategies to improve co-operation and communica­ tion between mining interests and Aboriginal and Torres Strait Islander communi­ ties. Similar initiatives to address issues o f common concern and facilitate co­ operative action are being addressed by the rural committee.

The Council presents an annual report which is tabled in Parliament and includes detailed information on its programs and activities. Members of the Council have also met with the Prime Minister and the Leader of the Opposition, as well as most Premiers and Chief Ministers, and State and Territory Opposition leaders.

The High Court’s decision on native title has been linked to the reconciliation process. The Commonwealth believes that this decision has removed a barrier to reconciliation. It also paves the way for further examination o f the constitutional and legal basis of the relationship between Aboriginal peoples and Torres Strait Islanders and other Australians.

During the year the Council has sought to inform public discussion and media presentation of the High Court's decision. It has also sought to encourage sectional interests and State and Territory governments to respond to the decision from a broader and longer-term national perspective.

The Commonwealth believes that the final response by all governments will be critical to the success o f the reconciliation process.

90 — Overview Report»

Young People

PREPARED BY THE DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING The Hon Kim C. Beazley, MP

Minister for Employment, Education and Training

Findings of the Royal Commission

The Royal Commission documented the disadvantage faced by young Aboriginal and Torres Strait Islander people in the criminal justice system. These young people are over-represented in all stages of the juvenile justice system. O f the 99 deaths investigated, the median age at death was 29 years. The median age for the

first arrest charge was 16 years — 43 were charged with an offence before the age of 15; six of those who died were under the age of 17.

The Royal Commission recognised the widespread problems faced by young Aboriginal and Torres Strait Islander people. It acknowledged that the issue of juvenile justice was not just a criminal justice issue, but related to broader issues such as education and employment. The Royal Commission identified the need for

governments and Aboriginal and Torres Strait Islander organisations to work together to design strategies to reduce the involvement of young people in the welfare and criminal justice systems.

The Royal Commission emphasised the importance of decreasing the institution­ alisation and separation of young people from their families and communities. It emphasised the need for Aboriginal and Torres Strait Islander families and communities to be involved in dealing with the problems faced by young people.

The Youth Social Justice Strategy

The findings of the Royal Commission are consistent with the Government’s Youth Social Justice Strategy which has been operating since 1989. The strategy aims to improve, through better targeted and co-ordinated service delivery, the access of disadvantaged young people to accommodation, health and legal serv­

ices, income support, and employment, education and training opportunities. For instance, in 1992-93, 6.3 per cent of clients in the youth access centres were

Overview Reports---- 9 1

Aboriginal or Torres Strait Islander, and made up to 14 per cent of clients accessing rural youth information centres in the 12 months to December 1992. In 1992-93, of the 64 projects funded from youth strategy action grants, 26 targeted Aboriginal and Torres Strait Islander young people.

A 1991 evaluation o f its effectiveness found that despite the strategy, youth unemployment of Aboriginal peoples and Torres Strait Islanders remained at twice the national average, their secondary school participation rates were almost one- third the national average, and tertiary participation was even lower. The young Aboriginal and Torres Strait Islander population is expected to expand in the next decade, whereas the numbers of other young Australians will remain steady. ABSTUDY figures indicated an improvement for students retained to Year 12. It was still, however, only 31.2 percent (1991), which was less than half the national retention rates for all young people. O f concern was that the retention rates in 1991 for Years 8-10 decreased by 6 per cent — the reverse of national trends for all students. Clear links were identified between recidivism and unemployment for young offenders. Recidivism is significantly higher for young people leaving corrective programs without access to employment or training opportunities.

The 1991 evaluation noted the need to do more for Aboriginal and Torres Strait Islander young people and young offenders. This has continued as part of the strategy, and in line with the Royal Commission findings. Resources are provided to develop local strategies to increase their access to programs and services.

The National Youth Strategy Steering Committee, which is responsible for overseeing the strategy, established an Aboriginal and Torres Strait Islander Working Group in December 1991. This group, chaired by the Aboriginal and Torres Strait Islander Commission, helps focus on the needs o f Aboriginal and Torres Strait Islander young people.

As a result, Youth Access Centres assisted 9,300 young Aboriginal and Torres Strait Islander people and 11,400 young offenders during the December 1992 half year. Co-ordination of programs designed to increase participation in labour market programs, income support and further education — for example, youth services, Department of Social Security pilot projects, national youth grants, and supported accommodation— has also made the use of resources more appropriate.

Examples include

In 1992-93,26 out o f 64 Youth Strategy Action Grants went to projects that targeted young Aboriginal and Torres Strait Islander people; 25 projects

9 2 — Overview Report»

were for young offenders. The grans fund local agencies to address service gaps and respond to the local needs of disadvantaged young people.

• The Disadvantaged Young People program provides vocational support and assistance to particularly disadvantaged young people through mentor/ broker services. In 1992-93,273 youngAboriginal and Torres Strait Islander people (or 10.8 per cent of program participants) were assisted by the

program.

• Youth Information and Access Pilots (Department of Employment, Educa­ tion and Training) have been running since M arch 1992. They have im­ proved access to information about youth services and programs for young Aboriginal and Torres Strait Islander people, particularly those who are young offenders.

• The development of occupational information for young Aboriginal and Torres Strait Islander people has included an International Year of the W orld’s Indigenous Peoples edition of a Streetwize comic developed by young people; the production of the second and third Community Job Guides

for the Northern Territory; and the purchase o f videos for Aboriginal women and Torres Strait Islander women.

A review o f the Youth Social Justice Strategy conducted in June 1993 found that a range of projects sought to increase access to programs and services, but there were still significant deficiencies. It identified a need to develop alternatives, including outreaching, joint servicing, the development of culturally relevant

materials, and staff training.

The strategy has promoted the co-ordination of youth services through State level Youth Co-ordination Committees, and local level Youth Access Centres.

Responses to the Royal Commission

In response to the Royal Commission’s findings, the Commonwealth supported the development of local strategies. Issues affecting young people cannot be separated from those of the community, and it was accepted that communities are best placed to identify, assess and respond to the needs of their young people.

Program responses include the development of youth bail hostels; Young Persons Development Program; Young Persons Sport and Recreation Program; Aboriginal

Overview Report»---- 9 3

and Torres Strait Islander Education Workers' Program; and Inwork Traineeship Program. Program funds are available for community agencies and community consultative mechanisms which form part of program development, implementa­ tion and monitoring. There has also been a greater emphasis on regional planning. These measures address the Royal Commission findings through co-operation and co-ordination between governments and Aboriginal and Torres Strait Islander agencies.

The Australian Bureau of Statistics/ATSIC national survey of Aboriginal peoples and Torres Strait Islanders in early 1994 will also help identify and address the needs of young Aboriginal and Torres Strait Islander people.

(i) Young offenders Measures which address the immediate needs o f young Aboriginal and Torres Strait Islander people involved in the criminal justice system included:

• A national study by the Australian Institute of Criminology to identify the best features of pre-release and post-release support schemes was completed in December 1992. The report, Keeping Them In, Keeping Them Out, formed the basis of discussion at a national conference of corrective services representatives in November 1993.

• ATSIC’s Youth Bail program aims to reduce the rate at which young people are remanded in police custody or juvenile detention centres by providing courts and police with an alternative in the form of bail accommodation and supervision.

• In 1992 changes were made to provide offenders, including young people, with immediate access to JOBSTART. This may be provided through work release programs administered during the offender’s term o f imprisonment or after release.

A commitment has also been made to prisoner education in the Aboriginal Strategic Initiatives Program allocation through the Technical and Further Education system.

Aboriginal and Torres Strait Islander legal services have extended their services, both in number and geographic spread, so that adequate legal representation and advice can be provided to Aboriginal and Torres Strait Islander juveniles.

9 4 — Overview Report»

• In 1992-93, the Crime Amendment Bill 1993 was drafted. This Bill imple­ ments the Recommendation that the criteria for arrest be amended to limit the likelihood of arrest to people suspected of committing Commonwealth offences. This will apply particularly to juveniles.

• The Department of Health, Housing, Local Government and Community Services, through the National Council for the International Year of the Family (1994), will develop guidelines for supporting families. The guide­ lines are for broad use, including at juvenile detention centres.

• ATSIC has delivered substance-abuse prevention programs through com­ munity organisations in NSW and South Australia. South Australia now has its own strategy to deal with substance abuse, and NSW has developed a project called the Aboriginal Drug and Alcohol W orkers in Prison Project.

As well, the National Drug Strategy, in consultation with Aboriginal and Torres Strait Islander communities and organisations, developed the Abo­ riginal and Torres Strait Islander Adolescent Alcohol Media Campaign.

• ATSIC sponsors the Link-up Program which helps locate and reunite Aboriginal and Torres Strait Islander families who have lost contact as a result o f earlier government policies.

Oil Addressing the education, training and employment needs o f voung people The Royal Commission found that many young Aboriginal and Torres Strait Islander people involved in the criminal justice system had not completed a full secondary education and had limited access to alternative education, training or

employment opportunities. Several ATSIC initiatives aim to overcome those barriers.

• The Young People’s Employment Program In Work aims to improve the employment prospects of young Aboriginal and Torres Strait Islander people by providing part-time employment placements, linked to TAPE training, of up to two years, in Aboriginal and Torres Strait Islander organisations.

• The Young People’s Development Program provides, in co-operation with States and Territories, programs to address the extreme disadvantage of young Aboriginal and Torres Strait Islander people. These include employ­ ment and training for community youth workers, cultural education provi­

sion by community elders, intervention programs for young people at risk or in the juvenile justice system, involvement of young people in community

Overview Reports - — 9 5

work projects, and hostel accommodation. Regional Councils develop local community youth strategies and action plans to implement these programs.

• The Young People’s Sport and Recreation Program will employ 38 develop­ ment officers; Regional Councils will monitor the programs. Implementa­ tion is under way in most States and Territories, with support from State and Territory governments and the Australian Sports Commission.

In funding 30 new Community Development Employment Projects in 1992-93, ATSIC emphasised projects which included activities to address the social and economic issues confronting young people.

In addition, the Department of Employment, Education and Training has:

• facilitated the establishment of 20 Local Aboriginal Employment Promotion Committees, which focus on employment opportunities for young people;

• entered into agreements with community agencies to address health and welfare needs by employing youth workers, developing training programs and sponsoring Aboriginal and Torres Strait Islander health and education workers; and

• introduced in July 1992 the Accredited Training for Youth, and Landcare and Environment Action Program as part of the National Employment and Training Plan for Young Australians.

These measures should increase the number of young Aboriginal and Torres Strait Islander people participating in labour market programs.

The Department of Employment, Ediucation and Training, through assistance provided by its Commonwealth Employment Service, has focused on meeting the employment and training needs of disadvantaged job-seekers. Labour market assistance for mainstream programs has resulted in Aboriginal and Torres Strait Islander people, including young people, receiving 3.5 per cent (16,808) of program places in 1992-93. Ofthese programs, 3.7per cent (515) of the Accredited Training for Youth placements, and 8.3 percent (46) of the Landcare Environment Action Program placements, were for Aboriginal and Torres Strait Islander people.

Aboriginal and Torres Strait Islander employment and training assistance is provided under the Training for Aboriginals and Torres Strait Islanders Program. Assistance is provided to Aboriginal and Torres Strait Islander job-seekers, and

Overview Report»

those already employed, to improve their career prospects. In 1992-93, 5,143 people were helped; approximately 60 per cent of those were young people. Help is also given individually for work experience, training, counselling and mentor assistance.

(iii) Rural and Remote Servicing A Study Into Youth Service Provision in Rural and Remote Australia, conducted in 1993, pointed to the need to improve servicing to these areas. It urged regional planners to target disadvantaged young people, a significant proportion of whom

are Aboriginal or Torres Strait Islander people. As a result, some departments are developing new policy proposals and priority is being given within existing programs to servicing young people living in rural and remote communities. Youth Strategy Action Grants and the Youth Career Information and Advisory program

will support strategies such as outreach and the employment of Aboriginal and Torres Strait Islander workers.

In addition, D EE Ts Remote Area Field Service will assist clients in remote areas. The service will work with other departments and agencies to identify community employment and training needs and appropriate responses.

Recruitment

In order to make programs more effective for Aboriginal peoples and Torres Strait Islanders, governments have supported the increased recruitment of Aboriginal and Torres Strait Islander people as recommended by the Royal Commission. Most positions have been as recreation officers, welfare officers, counsellors, probation

and parole officers, and street-workers in government and community agencies. Programs such as the Youth Information and Access Pilots have recruited Aborigi­ nal and Torres Strait Islander people to develop and deliver programs. The employment of youth workers who are culturally attuned and sensitive is regarded

as a pre-requisite to successful development and delivery of programs.

Other specific measures to improve recmitment practices have been developed.

• The Australian Public Service Aboriginal and Torres Strait Islander Recruit­ ment and Career Development Plan was launched in May 1993. Preparation for the implementation of the plan, which includes cross-cultural awareness training, is under way.

Overview Reports---- 9 7

In June 1992, DEBT funded States and Territories to develop or strengthen Aboriginal and Torres Strait Islander employment in police, correctional and juvenile detention services, non-custodial sentencing areas and court sys­ tems.

Monitoring

The national database being developed by the Australian Bureau o f Statistics will provide comprehensive information on social and economic factors affecting Aboriginal peoples and Torres Strait Islanders.

There is a need to monitor young people’s participation in mainstream programs, and to monitor best practices and the involvement of communities in program development and implementation.

98 — Overview Report»

Education

PREPARED BY THE DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING The Hon Kim C. Beazley, MR Minister for Employment, Education and Training

Findings of the Royal Commission

In investigating many of the deaths in custody, the Royal Commission noted that the formal education system, child welfare practices, juvenile justice, health and employment opportunities were inextricably linked to the disproportionate

representation o f Aboriginal and Torres Strait Islander people in custody.

The Royal Commission found that school-based education systems had either been unable or unwilling to accommodate many of the values, attitudes, codes and institutions of Aboriginal and Torres Strait Islander societies.

Aboriginal and Torres Strait Islander participation and achievement in education, as defined by the wider Australian society, had been limited, and this had in turn limited the choices available to Aboriginal peoples and Torres Strait Islanders.

The Royal Commission noted that the participation of Aboriginal and Torres Strait Islander people in all levels of education had increased significantly in the past two decades, but it was still lower than for the total population. The low rates were compounded by chronic non-attendance. Other factors featured in the educational history of many who died in custody.

National Aboriginal Education Policy

Many of the educational problems highlighted by the Royal Commission are being addressed by governments. The report of the Royal Commission endorses the goals of the Aboriginal Education Policy. It emphasises the importance of the policy as a way of ensuring that Aboriginal peoples and Torres Strait Islanders can influence

or control education services.

Overview Reports---- 9 9

The Royal Commission noted that there were still many problems to be addressed including:

• restricted Aboriginal and Torres Strait Islander involvement in local educa­ tion decisions;

• limited nature of both pre- and post-release employment, education and training programs for Aboriginal and Torres Strait Islander prisoners and detainees;

• non-attendance, learning difficulties and poor retention rates;

• limited provision of educational services in remote areas not serviced by mainstream education providers; and

• limited access of Aboriginal and Torres Strait Islander children to early childhood education.

Aboriginal Education Policy Review

A national review of education for Aboriginal peoples and Torres Strait Islanders was announced early in 1993 by the Minister for Aboriginal and Torres Strait Islander Affairs. A National Reference Group established by the Minister for Employment, Education and Training, and chaired by the 1993 Australian of the Year, Mr Mandawuy Yunupingu, met for the first time in late October. It will oversee the Review. The group has a balance of distinguished indigenous and non-

indigenous people who bring wide experience and diverse views to the process.

DEET has prepared a statistical database to provide an overview of Aboriginal and T orres Strait Islander involvement in education from pre-school through to higher education and transition into the labour market. It has also commissioned research into Aboriginal and Torres Strait Islander achievement in schooling, subject choice at the senior secondary level and a review of recent literature on Aboriginal and Torres Strait Islander education. Submissions to the review close in early March

1994. A Discussion Paper will be distributed nationally early in 1994. A final report is expected to be released in June 1994.

100 — Overview Report»

Involvement in education decisions

A recurrent theme of the Royal Commission* s report was the need to strengthen the participation of Aboriginal and Torres Strait Islander parents and communities in the planning, delivery and evaluation of pre-school, primary and secondary

education services for their children. The Royal Commission found that

the only chance for improving education as a social resource for Aboriginal people will come as a result of Aboriginal people deciding for themselves what it is they require of education and then having the means of determining how that end is to be achieved’.

The first six of the 21 goals of the Aboriginal Education Policy are devoted to the involvement of Aboriginal and Torres Strait Islander people in education deci­ sions.

The Commonwealth supports Aboriginal Education Consultative Groups in each State or Territory. These groups provide advice to State, Territory and Common­ wealth governments on educational matters pertinent to Aboriginal and Torres Strait Islander peoples. The Commonwealth also supports the Federation of

AECGs — the national body representing all State and Territory Groups.

The Groups play an important role in the development of operational plans that are submitted by education providers to DEBT for funding under the Aboriginal Education Strategic Initiatives program. Groups are represented on State or Territory Strategic Plan Monitoring Groups.

Strategic plans are State or Territory-based. They establish the criteria for assist­ ance under the strategic initiatives program.

Education providers are required to specify which of the 21 goals will be addressed during the course of the agreement, which normally runs for three years. The outcomes of the agreement are checked during the performance-appraisal process.

The Commonwealth played a leading role in establishing the Aboriginal Education Co-ordination Committee, the role of which is to keep ATSIC informed on educational and training matters.

The Minister advised ATSIC that the terms of reference for the Co-ordination Committee should be to:

Overview Reports ---- 1 01

• monitor developments and provide reports to the Commission on the purposes and outcomes of indigenous education programs; and

• ensure co-ordination between indigenous education programs and other related programs and services.

National and State committees are complemented by 2,600 school-based Aborigi­ nal Student Support and Parent Awareness Committees. The program is based on the principle of community involvement. The committees develop funded activi­ ties which increase the participation and retention rates of Aboriginal and Torres Strait Islander students in primary and secondary schools. Committees are respon­ sible for monitoring outcomes and reporting on them annually.

In addition, the Commonwealth has funded the Queensland Department of Educa­ tion to produce a video so that Aboriginal and Torres Strait Islander people in remote communities can make informed decisions about the options available for the delivery of education services.

Early childhood education

The Royal Commission highlighted the important role of pre-school programs in encouraging Aboriginal and Torres Strait Islander children into the school system and achieving success in later years of schooling.

Goal Seven of the education policy is to ensure that Aboriginal and Torres Strait Islander children have access to pre-school services on a basis comparable to that available to other Australian children.

The Minister has emphasised increasing the number of places and the standard of facilities in pre-schools. An additional 600 places will be available in 1994; education providers have been invited to bid for funds to provide them.

A video which brings the advantages of a pre-school experience to the attention of parents has been produced and 4,000 copies distributed.

School curricula and Aboriginal Studies

The Royal Commission urged the expansion of Aboriginal and Torres Strait Islander Studies in teacher training and in schools. The Commonwealth’s re­ sponses include:

1 02 ---- Overview Reoorti

Local history kits Since 1992, 4,000 local history kits have been produced and distributed to Aboriginal Student Support and Parent Awareness Committees and relevant Aboriginal and Torres Strait Islander organisations. These kits, which include a video and two booklets, Looking for your Mob andTelling it Like it is, provide step- by-step guides for researching local Aboriginal and Torres Strait Island history. An

additional aim is to influence school authorities to include Aboriginal and Torres Strait Islander history in the school. The local material will be provided to participants in the School Speakers Program.

The School Speakers Program The School Speakers Program, funded through the National Reconciliation and Schooling Strategy, funds Aboriginal and Torres Strait Islander people to talk to students about indigenous history and culture.

Cultural awareness activities Most Aboriginal Student Support and Parent Awareness Committees conduct cultural awareness activities in the schools they represent, often involving guest speakers from Aboriginal and Torres Strait Islander communities. Committees are

able to pay speakers for their time.

Curriculum materials Batchelor College, in the Northern Territory, developed curriculum materials for the study and recording of Aboriginal languages across the Northern Territory and north-west W estern Australia. The materials are being used in local schools.

Framework for teaching, learning and accrediting studies This project has three phases:

• preliminary consultation and research;

• writing up the Framework and validation by pilot schools and curriculum authorities; and

• implementation of the syllabuses, development o f curriculum materials and in-service training of teachers.

Phase One is complete and Phase Two is in progress.

Cultural materials theme kits This project funds the development of cultural materials theme kits for a culturally appropriate vernacular language program. Aboriginal and Torres Strait Islander

Overview Reports---- 1 0 3

teachers and literacy workers are being trained to use the materials. Trials of the materials and teaching procedures are to be used to tune the approach.

Higher education

Indigenous education strategies required of higher education instituttons The Royal Commission recommended modifications to the education and training of professionals. Higher education institutions are now required to include Abo­ riginal and Torres Strait Islander education strategies in their funding profiles. As in other sectors, the involvement of Aboriginal and Torres Strait Islander people in the development of these strategies is expected.

Action arising from Ministerial correspondence on health.training and media awareness Recommendations In 1991 the Minister for Higher Education and Employment Services and the Minister for Aboriginal and Torres Strait Islander Affairs wrote jointly to higher

education institutions drawing their attention to relevant Recommendations of the Royal Commission. A number of institutions responded with descriptions of relevant activities.

In particular:

• Deakin University and Murdoch University described the incorporation of Aboriginal and Torres Strait Islander issues in their journalism courses;

Monash University, the University o f Adelaide, the University o f Sydney and the University of Western Australia described their programs for Aboriginal and Torres Strait Islander students in medicine or health sciences; and

Griffith University and the University o f Sydney described how they incorporate Aboriginal and Torres Strait Islander issues in the higher education curriculum.

Pre-law programs to he introduced Linder the National Priority (Reserve) Fund The National Priority (Reserve) Fund provides funding for projects in areas which have been designated as national priorities in higher education. Priorities for 1994 include projects which address the goals of the Aboriginal Education Policy or which respond to the Recommendations of the Royal Commission into Aboriginal

1 0 4 — Overview Report»

Deaths in Custody. Projects funded from the 1994 Reserve fund will begin in 1994. In addition, submissions were sought for the establishment of pre-law programs for Aboriginal and Torres Strait Islander students; those approved will also commence in 1994.

Training for prisoners and detainees

In its discussion of Aboriginal and Torres Strait Islander prisoner education, the Royal Commission noted the educational disadvantage experienced by Aboriginal and Torres Strait Islander prisoners.

Education and training of prisoners is a State or Territory government responsibil­ ity. The Commonwealth, however, is facilitating the development of a national strategy for prisoner education.

The Commonwealth Government commissioned the Australian Institute of Crimi­ nology to report on the best practices in prisoner education throughout Australia. The study was completed in December 1992 and the report, Keeping Them In, Keeping Them Out, will provide the basis for discussion at a conference of

corrective services. Representatives will be invited to respond to the recommenda­ tions and determine the feasibility of developing a national strategy.

In addition, the Commonwealth has made a significant change to the eligibility to employment access programs for ex-offenders. The definition of ex-offenders as especially disadvantaged was amended to read:

persons rejoining the workforce within six months of having been released from prison/incarceration, or a minimum of 26 weeks on remand.

Ex-offenders are to have immediate access to JOBSTART (but not other elements of the Employment Assistance Program) without the requirement for a one month registration period. Access to other elements of the program for this group remains the same as for other disadvantaged groups.

Limiting the immediate assistance to JOBSTART recognises that State govern­ ments have primary responsibility for the pre-release training of ex-offenders, but that the provision of Commonwealth wage subsidies will improve ex-offenders’ chances of securing a job.

Access to JOBSTART may be provided through work release programs adminis­ tered during the offender’s term of imprisonment or following release. State offices

Overview Reports---- 1 0 5

negotiate arrangements with State corrective service departments to provide pre­ release training, and DEBT backs it up with subsidised placement under JOBSTART.

In 1991 ATS IC extended the Aboriginal Adult Education in Prisons Program. The Minister for Aboriginal and Torres Strait Islander Affairs decided to implement the program in 1992-93.

Roles of Aboriginal and Torres Strait Islander education workers

The Royal Commission found that Aboriginal and Torres Strait Islander Education Workers are highly effective in combating truancy and racism in schools, and building contacts between schools and communities.

Their role ranges from home-school liaison to sensitising teaching staff, and managing and monitoring the allocation of Aboriginal and Torres Strait Islander education funds.

DEBT will fund additional educaiton workers under the Aboriginal Education Strategic Initiatives Program. Funding for calendar year 1993 allowed for an additional 75 in 1993, with another 45 in each of 1994 and 1995.

DEBT has funded the Australian Teachers’ Union to research the terms and conditions of employment for education workers. Only the Northern Territory and the Torres Strait have still to be researched. A draft report has been presented to the steering committee.

106 — Overview Reports

Women

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ATSIC) Ms Lois O’Donoghue CBE, AM Chairperson, ATSIC

The Royal Commission concluded that the level o f discrimination experienced by Aboriginal women and Torres Strait Islander women is compounded by the combination o f their race and gender.

Responses to the Royal Commission

The Response by governments to the Royal Commission acknowledged the dual disadvantage experienced by Aboriginal women and Torres Strait Islander women. It also recognised their contribution and commitment at the community level and gave an assurance that they would:

• ensure that Aboriginal women and Torres Strait Islander women participate fully and share equally in the benefits flowing from all initiatives taken in response to the Royal Commission; and

• involve Aboriginal women and Torres Strait Islander women as key partici­ pants in the design and delivery of policies and programs, in their monitoring and evaluation, and in the community planning process.

The redress o f inequities would occur through a process founded on the principle of empowerment.

Current issues

The report from the Australian Institute of Criminology (Part I of this Volume) highlights three major factors which affect Aboriginal women and Torres Strait Islander women:

• The ratios for female prisoners are higher than for male prisoners in every significant jurisdiction except the Northern Territory;

• Aboriginal and Torres Strait Islander youth are still grossly over-represented in juvenile correction institutions; and

Overview Reports---- 1 0 7

The number of Aboriginal and Torres Strait Islander people in prisons, their imprisonment rates, and their level of over-representation are increasing.

Performance indicators

The Office of Indigenous Women (OIW) has developed performance indicators for managers of Royal Commission initiatives. These have been used to determine:

• women’s participation as clients, service providers, program managers;

• initiatives specific to women;

• involvement in project design, delivery, monitoring and evaluation, and community planning;

• allocation of funding; and

• involvement in Community Employment Development (CDEP) projects.

The volume of responses from managers was low, but they indicated Aboriginal women and Torres Strait Islander women were:

participating as clients, service providers and managers at a rate of 50 percent of programs commented upon in the responses;

accessing general programs because there is a lack of gender-specific funding or appropriate gender-specific programs;

likely to be involved in the design, delivery, monitoring, evaluation and community planning of those initiatives that they are accessing; and are

classified as workers or dependent spouses in CDEP initiatives. Many supervisors and administrative workers are women.

There is evidence of a-more positive approach in the responses on programs in w hich women are participating. OIW will continue to monitor the situation.

108 — Overview Report»

Targeting Aboriginal women and Torres Strait Islander women

As part of an ongoing commitment to ensure that program managers, both within ATSIC and in other Commonwealth agencies, are assisting Aboriginal women and Torres Strait Islander women to gain ground in overcoming their current disadvan­ tage, the Office o f Indigenous Women is monitoring program and project activity with a view both to promoting best practice and securing a higher priority for

women. The projects listed below are illustrative of the range of initiatives which are being put into place and which need to be built upon.

Department of Health. Housing. Local Government and Community Services During 1992-93 the Department of Health, Housing, Local Government and Community Services ran the following continuing programs:

• Preventing Cancer of the Cervix;

• The National W omen’s Health Program;

• National Program for the Early Detection of Breast Cancer; and

• Supported Accommodation Assistance Program.

While these initiatives are not specifically for Aboriginal women and Torres Strait Islander women, more work is being done through promotions and campaigns to ensure access and participation of indigenous women is significantly increased.

Aboriginal playgroups and enrichment programs provide important social, devel­ opmental and cultural activities for children such as story telling, music, art and the collection and preparation of bush tucker. Homework assistance and advice on nutrition is also provided.

Bureau of Rural Resources The Aboriginal Rural Resources Initiative involves an element called ‘bush tucker’. This program encourages women to use their traditional skills to gather and produce foods from the bush, thus increasing nutrition and maintaining their

links to their country.

Department of Social Security DS S is currently running a program called the Support Network for Aboriginal and Torres Strait Islander Parents (SNAP) which is of direct relevance to women as the

Overview Reports---- 1 0 9

primary care givers to children. This program:

• ensures that Aboriginal and Torres Strait Islander parents/primary carers are receiving their correct DSS entitlements;

• assists parents to gain access to other Government agencies’ family/child related programs and services; and

• assists parents to identify and use relevant existing community resources in ways which will effectively meet the health, nutrition and other needs of their children.

The Jobs, Education and Training (JET) program aims to improve the financial circumstances of sole-parent pensioners, who are predominantly women. This is achieved by aiding their entry into the labour market through an integrated program of assistance providing individual advice, access to child-care, education, and

training and employment opportunities. Recent research found limited awareness and low rates of participation in the JET program by Aboriginal and Torres Strait Islander people. A pilot program to promote JET and SNAP was therefore implemented in 1993. This pilot ran for 12 months and included publicity for the JET program with appeal to Aboriginal and Torres Strait Islander people, and

liaison between JET advisors, SNAP officers, Aboriginal and Torres Strait Islander liaison officers, and community workers and representatives.

Department of Employment, Education and Training A policy to ensure participation of Aboriginal women and Torres Strait Islander women in DEBT programs is to be developed with the help of an Aboriginal or Torres Strait Islander staff member. The participation rates for Aboriginal women and Torres Strait Islander women will be monitored as part of the six-monthly

reporting requirements.

Gender equity is being adhered to in the appointment of consultants to develop and implement major strategies to expand employment. For example, Aboriginal women or Torres Strait Islander women have been employed in Victoria, Western Australia, New South Wales and Queensland to develop employment strategies in

local government.

Department of Finance Data provided by the Department of Finance from the Continuous Record of Personnel (December 1992) indicates that there are 1,031 Aboriginal women and Torres Strait Islander women employed in the Australian Public Service and 781 indigenous men.

110 —

Aboriginal Hostels Limited (AHL) AHL provides 3,011 beds in 160 hostels which are either directly operated by AHL or funded through community organisations. The allocation for 1992-93 was $29.19m. In 1992-93, women occupied around 50 per cent of the resident bed

nights in the 52 hostels directly operated by AHL.

Aboriginal and Torres Strait Islander Commission Under the Business Funding Scheme, 70 loans to individuals wishing to conduct business enterprises have been made to women.

In 1992-93, $233,000 was provided to the Nungeena Aboriginal Corporation for W omen’s Business to acquire land in the Glasshouse Mountains, Queensland. The land contains many sites traditionally important to women.

Community Employment Development Project CDEP projects designed for and managed by Aboriginal and Torres Strait Islander women train participants in a variety of occupations. Information is provided to assist women to run projects to meet their needs, to encourage communities to give priority to women’s projects, and to enable women to develop non-traditional

skills. Participation rates vary between individual CDEPs and between State averages.

National Aboriginal Arts Industry Strategy This program supports community based artists and craft workers. Projects funded under the Strategy in 1992-93 have assisted 20 projects for women artists and craft workers.

Development of art and culture Funding has been provided for exhibitions of wom en’s art including a sum of $836,061 provided to the Bangarra Aboriginal Dance Theatre, more than half of whose members are women.

Full-time Professional Study Award An allocation o f $396,339 in 1992-93 enabled Aboriginal and Torres Strait Islander organisations to sponsor staff for full-time tertiary study. O f this allocation, 48 per cent was used by women.

Economic Development Conferences These conferences enable Aboriginal and Torres Strait Islander people to promote self-determination and economic independence. Five women’s conferences were held during 1992-93 at a cost of $52,700.

Overview Reports ---- 1 1 1

Aboriginal Benefit Trust Account (ABTA) The ABTA distributes mining royalty-equivalent funds, derived from mining on Aboriginal land in the Northern Territory. The ABTA Advisory Committee advises the Minister for Aboriginal and Torres Strait Islander Affairs on the allocation of these funds. Grants of $4.1 m were recommended in 1991-92, of which $498,000 was for wom en’s projects.

Heritage protection Under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, Aboriginal and Torres Strait Islander men and women may apply to the Minister for protection of significant sites and objects. In 1992-93, 10 applications were made, two from women.

National Aboriginal Health Strategy A total of $232m over five years to 1994-95 has been allocated for additional expenditure towards the improvement of health standards, housing and infrastruc­ ture in Aboriginal and Torres Strait Islander communities. In 1992-93 approxi­ mately $50m funded the operation of more than 90 Aboriginal health services and supported 20 new health projects. Programs provided by these services include ante- and post-natal treatment, family planning, contraception and sexually trans­ mitted diseases clinics and general gynaecological programs for Aboriginal women and Torres Strait Islander women.

Maternal health National Aboriginal Health Strategy.funding of $166,302 was provided in 1992­ 93 to complete the establishment of the Alukura traditional birthing centre in Alice Springs. Community-controlled Aboriginal Health Services also provide cultur- ally-appropriate obstetric care. Birthing centres in many hospitals throughout Australia provide care more appropriate for Aboriginal women and Torres Strait Islander women than in traditional maternity hospitals.

Recreation and sport ATSIC contributed $ 10,000 to sponsor a National Aboriginal Sport and Recreation Conference, which recommended improvements in access to sport and recreation for Aboriginal women and Torres Strait Islander women, establishment of wom­ en’s sporting tours, and positive media coverage.

International Year for the World's Indigenous Peoples ATSIC provided $25,000 to assist five women to attend the International W omen’s Conference in New Zealand in February 1993. The conference provided an opportunity for indigenous women from around the world to share their knowl­ edge, skills, concerns, frustrations and successes.

^ 1 2 ---- Overview Reports

Regional Council elections Of the 791 ATSIC Regional Councillors in 1992-93, 215, or nearly 28 per cent, were women. Eight Regional Councils had no female representation on their executives and the Peninsula and Western Desert Regional Councils had no women

members in 1992-93. W omen’s meetings and a promotional campaign were implemented to encourage Aboriginal women and Torres Strait Islander women to participate, as candidates and voters, in the second Regional Council elections in December 1993.

Broadcasting and communications Women are among the leaders of Aboriginal and Torres Strait Islander broadcast­ ing groups. For example, Ms Dot W est is chairperson of the National Indigenous Media Association which receives recurrent funding o f $160,000 from ATSIC.

Women hold many ‘on air’ positions and also have key roles in Aboriginal radio and television programming. In remote areas, broadcasting provides women with valuable information for themselves and their communities as well as helping to maintain traditional culture, including women’s business.

Community awareness ATSIC promotes wide community awareness of Aboriginal and Torres Strait Islander people. In particular, it encourages positive community attitudes, chal­ lenges misconceptions and misinformation and provides information. ATSIC

ensures that indigenous women participate in developing and producing its information programs, for which $ 1.25m overall was provided in 1992-93.

Future commitment

The Commonwealth is committed to enhancing the cultural integrity of Aboriginal women and Torres Strait Islander women and supports fully their right to exercise self-determination and self-management.

Overview Reports 1 1 3

Economic Development

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ATSIC) Miss Lois O'Donoghue, CBE, AM Chairperson, ATSIC

One o f the most important single steps in the achievement o f self-determination for Aboriginal People is to redress the negative effects o f poverty. (Royal Commission report 34.1.21)

In the long term, a major permanent reduction in the number o f Aboriginal and Torres Strait Islander people dying in custody depends on government and community action on the underlying issues identified by the Royal Commission, particularly unemployment. In the Government’s view, the most pressing is the development of a broader economic base for Aboriginal peoples and Torres Strait

Islanders. An economic base will empower communities and individuals, thereby reducing the number of indigenous people entering custody in the first place.

New and existing Commonwealth programs, such as employment support and commercial development, will broaden the income base of Aboriginal and Torres Strait Islander communities. These should help reduce dependence on government welfare systems, enhance the independence and self-esteem of communities and individuals, and lead to a greater sense of control.

The Commonwealth’s economic development response to the Royal Commission has been developed within the Aboriginal Employment Development Policy (AEDP). The policy aims have received strong support from the Royal Commis­

sion, Commonwealth, State and Territory governments.

The AEDP Task Force is charged with overseeing the policy. It was revamped in 1992-93, and is now headed by an ATSIC Commissioner and strengthened by community representation.

The policy is undergoing a significant review and re-assessment by a committee chaired by an ATSIC Commissioner. Representation on the committee includes ATSIC, the Department of Employment, Eduction and Training, the Department of Finance, the Department of Social Security, and the Department of the Prime

1 1 4 ---- Overview Report»

• review of AEDP objectives;

• impact of the AEDP in each State and Territory;

• co-ordination issues;

• participation by State and Territory governments;

• local innovations and strategies;

« program delivery; and

• proposed focus of AEDP to the year 2000.

In line with the Aboriginal Employment Development Policy, ATSIC is develop­ ing an economic development strategy. It takes into account national trends in economic development, changing structures and patterns of work, and principles of traditional indigenous economies such as resource sustainability. The frame­

work identifies a process through which Aboriginal and Torres Strait Islander communities can move away from welfare dependence. A suite of long-term programs has been developed to facilitate the movement:

• recognition of Community Development and Employment Projects (CDEP) as a crucial first step. A major socio-economic review found that CDEP has had significant impact on the economic, social and cultural well-being of communities. The review recommended improving its effectiveness in income generation and long-term employment. The Royal Commission response included significant expansion of project numbers. CDEP is seen

as a basis on which to build further economic initiatives.

• development of a new model program, the Community Economic Initiative Scheme. It contributes to the economic growth of communities by estab­ lishing sustainable income-generating activities. It is based on rigorous planning at Regional, community and business level, and enables economic

goals to be consistent with social and cultural goals. This program meets all the criteria of effective long-term development programs, and has been strongly endorsed by ATSIC Commissioners;

Minister and Cabinet, trade union and employer groups. The report of the evaluation is to include:

Overview Reports---- 1 1 5

• the reformed Business Funding Scheme. It provides commercial loans to individuals and organisations to establish businesses; and

• the Commercial Development Corporation for large commercial projects.

ATSIC has begun working with Aboriginal and Torres Strait Islander people and expert Commonwealth, State and industry representatives to develop strategies in the tourism, rural, and arts and culture industries. The strategies seek to increase the economically sustainable participation of Aboriginal and Torres Strait Islander people in relevant businesses, and increase employment. Means o f providing appropriate support through planning, training, advice and infrastructure are being developed.

In the overview of responses by governments to the Royal Commission, govern­ ments agreed on the following principles:

• that self-determination is a pre-requisite for economic development, includ­ ing increasing the role of ATSIC Regional Councils and devolving decision­ making and program delivery to Aboriginal and Torres Strait Islander organisations and communities;

• that economic goals must be consistent with the social and cultural aspira­ tions of Aboriginal and Torres Strait Islander communities;

• that funding arrangements must be simplified; and

that Aboriginal and Torres Strait Islander communities must be involved in program development, primarily through regional and community planning.

The Commonwealth has, through ATSIC, moved to increase the level of self­ determination by involving ATSIC Regional Councils in planning, priorities and decision-making. They developed Regional Plans as a basis for community- controlled strategic planning.

ATSIC has increased the proportion of funds to be controlled directly by Regional Councils and is reviewing funding arrangements to simplify them and to support self-determination.

ATSIC is using regional and community planning as a basis for achieving better integration of existing programs to increase community wealth. The Land Acquisition and Land Management Program conducted by ATSIC, the Aboriginal Rural

I 1 6 ---- Overview R e n o rf,

Resource Initiatives Program conducted by the Department of Primary Industries and Energy, and programs conducted by the Australian Nature Conservation Agency are being developed to maximise economic development and increase income and employment. For example, rigorous land assessments and property

management plans are becoming pre-requisites for land acquisition proposals. Formal links between these programs and CDEP, other economic development and training programs are being developed through the planning mechanism. New arrangements for letting Commonwealth contracts have increased opportunities

for employment for Aboriginal and Torres Strait Islander people. The report on Recommendation 307 provides details. ATSIC is examining the scope for achieving more employment and income generating opportunities for communities by better use of existing expenditure on major programs such as health and housing.

ATSIC recognises the critical need to provide opportunities for employment and for young people to acquire work skills. It has developed the Inwork traineeship program whereby young people serve work internships with Aboriginal and Torres Strait Islander organisations. They get formal training through an arrangement with

the Department of Employment, Education and Training.

These important economic developments are described in more detail under the reports on programs and recommendations.

Given the long-term nature of economic development, it will take some time to measure outcomes. The strategy will lead to increased self-determination and empowerment by promoting increased employment, skills and income. It will reduce the long-term underlying causes responsible for the over-representation in

custody.

Overview Reports---- 1 1 7

Health

PREPARED BY THE DEPARTMENT OF HEALTH, HOUSING, LOCAL GOVERNMENT AND COMMUNITY SERVICES

Senator the Hon Graham Richardson Minister for Health

Findings of the Royal Commission

The Royal Commission noted that the underlying disadvantage experienced by Aboriginal and Torres Strait Islander people is reflected in high rates of illness, self­ destructive behaviours, crime and violence. It found a clear relationship between the continuing poor health of Aboriginal peoples and Torres Strait Islanders and their deaths in custody.

The continuing poor health o f Aboriginal peoples and Torres Strait Islanders is reflected in the latest available evidence from a 1992 report of the Australian Institute of Health and Welfare. It shows, for example, that:

• Aboriginal death rates (after standardising for age) are about three times those of the total Australian population and life expectancy for Aboriginal people is 15-17 years less than that of other Australians; and

the gap between black and white Australia is greatest for adult males — indigenous males aged 35-44 die at a rate more than 11 times that of other Australians.

The two major causes o f death for Aboriginal and Torres Strait Islander people are diseases of the circulatory system, and external causes of injury and poisoning. The circulatory diseases occur at more than twice the rate o f other Australians, reflecting the prevalence of lifestyle-type disorders such as diabetes mellitus.

Injuries and poisoning are more than 3.5 times higher for Aboriginal and Torres Strait Islander men, and 3.8 times higher for Aboriginal women and Torres Strait Islander women. This reflects, in part, the consequences of alcohol and substance abuse. Diseases of the respiratory system and cancers also contribute to the higher death rates.

1 1 8 — Overview Report»

As a result, and in keeping with the thrust of the Royal Commission’s Recommen­ dations, there was increased emphasis in 1992-93 on tackling immediate lifestyle problems, and the longer-term underlying causes of ill-health. This meant:

• increased emphasis on alcohol and substance abuse prevention initiatives, with a special focus on young Aboriginal and Torres Strait Islander people;

• continuing funding for the National Aboriginal Health Strategy to upgrade existing Aboriginal Health Services and begin new ones, and to improve infrastructure such as housing, water and sewerage in the many communities where these are sub-standard;

• increased emphasis on educating and training Aboriginal health workers and equipping the non-Aboriginal health and community services workforce to work effectively and appropriately with and for Aboriginal and Torres Strait Islander people;

• a focus on the mental health needs of Aboriginal peoples and Torres Strait Islanders; and

• increased effort to improve the quality and quantity of Aboriginal and Torres Strait Islander research and data collections.

Co-ordination/planning

Since the Royal Commission published its report, co-ordination and planning of government programs and services to indigenous com m unities has been strengthened. A crucial initiative to improve co-ordination was the endorsement, in December 1992, by the Council of Australian Governments of a national commitment to improved outcomes in the delivery of programs and services for

Aboriginal peoples and Torres Strait Islanders. This agreement sets out the policy context in which Aboriginal and Torres Strait Islander programs are to be delivered. Its significance lies in the clear parameters it sets for sustainable inter­ governmental agreements to ensure co-ordinated and appropriate service delivery

to indigenous communities.

Of particular significance during the year was the signing of the new five-year Medicare agreements with States and Territories. Through these arrangements, States will be moving to develop a more relevant set o f measures which will allow

them to better plan the use of resources. This will allow them to meet the specific

Overview Reports ---- 1 1 9

requirements of special needs groups such as Aboriginal and Torres Strait Islander people, who are major users o f the public health system.

Consolidation of some of the key reforms o f the National Aboriginal Health Strategy occurred in 1992-93 with a strong emphasis on inter-sectoral collabora­ tion. This included ATSIC's negotiation o f agreements with individual States and Territories on their input to the strategy, the establishment and subsequent review of the Council for Aboriginal Health, and the continued operation of State and Territory Tripartite Forums which provide advice to State and Territory govern­ ments on implementing the strategy in their jurisdictions.

The Commonwealth continued to forge links with key national bodies, such as the Royal Australian College of General Practitioners, the Australian Medical Asso­ ciation, the Australian Nurses’ Federation, Council of Remote Area Nurses of Australia, the Rural Health Alliance, the Royal Hying Doctor Service, the Royal

Australian College of Obstetricians and Gynaecologists and the Australian Phar­ maceutical Advisory Council to ensure that indigenous health issues were ad­ equately canvassed within these organisations.

Access and equity, and involvement in decisions

The Commonwealth, within its policy responsibilities for health services, is promoting a more equitable distribution of health care services and facilities through initiatives such as:

incentives under the Rural Incentives Package to attract and retain general medical practitioners to rural and remote areas where their services are needed;

improved planning and delivery o f hospital care and related services under the re-negotiated Commonwealth/State Medicare Agreements to areas where they are needed; and

development of a Public Patients’ Hospital Charter to set out the public hospital services that public patients can expect to receive.

S uch strengthening of the public hospital system should benefit Aboriginal peoples and Torres Strait Islanders, given their poor health status and demographic trends.

120 — Overview Report.

The Commonwealth recognises that while indigenous people have access to all mainstream services, many prefer to use services tailored to the needs of, and delivered by, indigenous people. To meet this need, the Commonwealth has implemented a range of measures, including giving funding priority to services or projects for indigenous people run by indigenous people. Examples include

expansion and upgrading of the community-controlled health services network throughout Australia through the health strategy and the two per cent national client target for indigenous people set by the Commonwealth Rehabilitation Service.

In addition, the Commonwealth employs a range of strategies to work with client groups, their advocates and intermediaries on program design, delivery and the effectiveness o f access and equity measures. These include consumer forums, specific-task committees, Ministerial advisory committees, workshops and 008

telephone lines which give information on services. Other measures include social justice strategies such as needs-based planning, charters of rights and responsibilities, and grievance and appeal mechanisms.

National Aboriginal Health Strategy

The Royal Commission’s major health Recommendation (271) relates to imple­ menting the National Aboriginal Health Strategy. This was identified by govern­ ments as a priority for responding to the Royal Commission Report.

The strategy, established in 1990 as an addition to existing health programs, is a joint Commonwealth/State/Territory plan with a focus on public health infrastruc­ ture for Aboriginal and Torres Strait Islander communities. It also aims to provide equitable access to health services and facilities for Aboriginal peoples and Torres

Strait Islanders by 2001.

The strategy has achieved a number of important goals. For example, agreements have been negotiated with each State and Territory government on their input, and since 1990-91, the Commonwealth has provided an additional $78.64m to augment ATSIC's health, housing and infrastructure programs. During 1990-91, health

strategy funds were used to establish 23 additional health projects, including nine new health services. Funds were also provided to to employ additional doctors, nurses, and Aboriginal health workers.

During 1991 -92 and 1992-93, health strategy funding ensured the viability of these services. In 1992-93, strategy funds were also used to continue upgrading and

Overview Reports---- 1 21

renovating health services, employing and training additional health and adminis­ tration staff, and expanding services through the purchase of equipment for dental and health clinics. This included funding a mobile health clinic in Western Australia, establishing a Regional Health Service in the Northern Territory, the purchase of computer equipment for automated medical records systems, and to fit out vehicles such as ambulances.

Substance abuse

In keeping with the Royal Commission's findings on the importance of substance abuse as a factor in the deaths in custody, a number of significant initiatives began in 1992-93. They include the establishment, through ATSIC, of a National Task Force on Substance Abuse.

Task Force membership comprises an ATSIC Commissioner as Chairperson, nine community members representing the States, Territories and the Torres Strait Islands, two representatives from the National Drug Strategy, and an officer of the Health and Community Development Branch of ATSIC. The Task Force advises

the Board of ATSIC and the Council for Aboriginal Health on a range of issues relating to alcohol and other drug use. Its terms of reference are broad. They include examining the social and health problems which Aboriginal people experience as a consequence of alcohol and substance abuse, and assessing need and possible solutions in that area. The Task Force has met three times and is involved in the process of identifying research priorities as they relate to the patterns, causes and consequences of alcohol and other drug use by Aboriginal and Torres Strait

Islander people. It has also been involved in developing ATSIC’s Interim Alcohol and Other Drug Funding and Policy Guidelines.

Another significant development during the year was the approval by the Minis­ terial Council on Drug Strategy of a draft National Drug Strategic Plan for implementation under the National Drug Strategy. Aboriginal and Torres Strait Islanders are acknowledged as a priority group.

Under the drug strategy, the Department of Health, Housing, Local Government and Community Services (DHHLGCS) will allocate $ 1.86m a y e ar— $500,000 is earmarked for Aboriginal and Torres Strait Islander media campaigns. The balance of $ 1.36m, granted to innovative and nationally-focused projects, will address fundamental factors that bring Aboriginal and Torres Strait Islander people into contact with the criminal justice system, such as their social, economic and cultural disadvantages. At the same time, projects should acknowledge regional

122 Overview R e p o rt.

needs and incorporate the principles of empowerment, self-determination and community participation.

A range of initiatives has commenced, through ATSIC and DHHLGCS. They focus on areas such as data collection, prevention, early education, harm minimi­ sation, and research and education projects to provide Aboriginal communities with a base o f well-informed and properly-trained substance abuse workers.

For example, ATSIC allocated $12.11m for76 projects which address drug-related problems, and DHHLGCS launched an Aboriginal and Torres Strait Islander Adolescent Alcohol National Media Campaign. This campaign aims to reduce the prevalence of excessive alcohol consumption among Aboriginal and Torres Strait

Islander young people, and harm associated with i t The first phase of the campaign included a very popular Yothu Yindi concert tour of remote areas in the Northern Territory. Further initiatives are planned.

A series o f regular and comprehensive surveys o f Aboriginal and Torres Strait Islander drug use is being co-ordinated by DHHLGCS and ATSIC. The first survey is to be conducted late in 1993; others in 1995 and 1997.

Data collection

The Royal Commission identified the lack of consistent high-quality data on Aboriginal and Torres Strait Islander health and related issues as a serious deficiency. This was tackled during 1992-93.

The Australian Institute of Health and Welfare began identifying deficiencies within the Aboriginal and Torres Strait Islander health information database. The Institute has negotiated with States and Territories for their support and continuous provision of information on Aboriginal and Torres Strait Islander health. Further

information is expected to be generated as a result of the signing by all States and Territories of the National Health Information Agreement.

Interim National Aboriginal and Torres Strait Islander Health Goals and Targets have been developed. Although they have not received universal acceptance, they have been endorsed by the ATSIC Board as an appropriate basis on which to negotiate with States and Territories. They will be taken into account during the

development of national goals and targets for four priority areas (cardiovascular disease, injury, cancer and mental health) agreed upon by Health Ministers at a National Health Summit on 30 April 1993.

— 123

T raining

Recent developments are aimed at sensitising the system to the need for an appropriately trained health and community services workforce and to the needs of indigenous people within that workforce.

For example, the Australian Health M inisters’ Advisory Council has recognised the crucial importance of appropriate high quality training for Aboriginal health workers. It has supported the development of nationally consistent training programs and the need to establish appropriate career structures and registration.

Working groups established by the Advisory Council's Working Party on the Health Services W orkforce in Rural and Remote Areas — representing health workers, nurses and doctors — have recently completed statements on roles and relationships. Those statements were included in a report to the Council's next meeting in November 1993. They recommended that the Council use the role description included in the Aboriginal health workers statement as the basis for consultation with key stakeholders such as the National Community Services and Health Industry Training Advisory Board, and health worker representatives.

The final report will be presented to the 1994 Australian Health M inisters’ Conference. The intention is to recommend agreement as a basis for the Industry Training Assistance Board to begin development of core competencies for Abo­ riginal health workers and nurses in rural and remote areas.

During 1992-93, the Commonwealth and States co-operated on a Working Party on Public Health Development. The final report included recommendations for a consolidated and expanded public health education and research program, and recommendations to ensure that training is available and appropriate to the special needs of Aboriginal and Torres Strait Islander communities.

The 1993-94 Budget included funding for the program. One of the objectives will be to develop appropriate training courses in conjunction with representatives of local Aboriginal and Torres Strait Islander communities as well as with ATSIC. Funding from 1995 will depend on institutions providing for multi-disciplinary entry, with capacity to offer remedial skills to students from different backgrounds. There will be separate programs (with appropriate entry points) for Aboriginal and Torres Strait Islander people.

The Commonwealth Rural Health Support Education and Training program is also designed to improve and extend support, education and training programs for rural

1 2 4 — Overview Report»

and remote health care workers. Several grants have been made under this program to develop cross-cultural training packages for non-indigenous health workers.

Aboriginal Health Services

Aboriginal and Torres Strait Islander community-controlled health services play an important role in improving Aboriginal and Torres Strait Islander health. They complement mainstream services by providing local community-based health services in a culturally acceptable way. They recognise the additional disadvantage

experienced by Aboriginal peoples and Torres Strait Islanders.

The National Aboriginal Health Strategy recognises the important role of Aborigi­ nal Health Services. Since the strategy began in 1990-91, the Commonwealth has allocated an additional $25.64m through ATSIC to upgrade existing services and establish new ones. These funds are in addition to A TSIC’s annual allocation to

maintain a network of 92 health services around Australia.

Mental health

The National Mental Health Policy and Plan were endorsed by all Health Ministers in April 1992. They set out a five-year plan to reform Australia’s mental health services. Under the Policy and Plan, mental health service delivery continues to be a State and Territory government responsibility, but the Commonwealth is provid­

ing $135m to assist with its implementation. Most of the money will be provided direct to States and Territories as part of the Medicare Agreements. This satisfies the objective to link mental health services with general health and community services.

The policy recognises that some groups have special needs. An underlying principle is that the mental health service system should be responsive to the needs of those groups, including Aboriginal peoples and Torres Strait Islanders.

Under the plan, two Aboriginal and Torres Strait Islander mental health projects have been approved. Funding has been provided to assist with the national conference on the mental health of indigenous Australians held in Sydney from 25-27 November 1993. Further funds have been provided for investigation and

consultation on a number of key issues relating to mental health services for Aboriginal peoples and Torres Strait Islanders. They include the level of mental illness in communities, the definition of mental health from an indigenous

Overview Report» 1 2 5

perspective, the availability o f culturally appropriate mental health services, the impact of mental illness on employment opportunities for indigenous people and the development of short- and long-term strategies to address needs.

The conference provided an opportunity for a range of people working in the field of Aboriginal and Torres Strait Islander mental health to discuss issues of mutual concern. It also provided advice and direction to the consultants involved with the Aboriginal and Torres Strait Islander Mental Health Consultancy. A workshop for this purpose was held during the conference.

Research

The Commonwealth, through the National Health and Medical Research Council has identified indigenous health research as a priority. To that end, the Council funded a project to review research in Aboriginal and Torres Strait Islander health

during the decade 1981-1991 to help identify current areas of priority. This report was to be examined by the Council for Aboriginal Health, and priorities outlined. The Guidelines on Ethical Matters in Aboriginal and Torres Strait Islander Health Research received conditional endorsement from the Council in June 1991. It is

subject to endorsement by ATSIC.

A workshop was convened by the Australian Institute of Health and Welfare from 28-30 April 1992. The aim was to identify the role of health research, and the framework in which it can most effectively contribute to Aboriginal and Torres Strait Islander health. Issues included the physical environment, social factors, health service delivery, domestic violence, mental health/substance abuse, and circulatory, respiratory and communicable diseases. The focus was on barriers to improving Aboriginal and Torres Strait Islander health, and the ways in which research could usefully assist policy.

Recommendations included that health research should focus on program-linked research; that research which is community-driven should be acknowledged; and that all research into health service delivery should be consistent with the funda­ mental priorities of self-determination, empowerment and community participa­ tion. A range of topics requiring further research was also proposed.

1 2 6 — Overview Report.

Housing and infrastructure

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ATSIC) Miss Lois O'Donoghue, CBE, AM Chairperson, ATSIC

Background

The Royal Commission pointed to the importance of housing and infrastructure in improving the living conditions of Aboriginal peoples and Torres Strait Islanders as a means o f addressing their over-representation amongst those in custody, and facilitating self-determination. It also noted that all levels of government are

responsible for ensuring access by Aboriginal and Torres Strait Islander people to housing and infrastructure services.

In 1992-93, ATSIC allocated $50.6m to community housing— $47. lm for capital projects and $3.5m for recurrent projects. Of these funds, $22.5m was in Regional Council budgets, $ 10.5m was provided under the National Aboriginal Health Strategy, and $ 17.6m was provided for national projects. This funding provided

460 dwellings and renovated or modified a further 335 dwellings.

In the same period $130m was allocated to community infrastructure, with expenditure of $ 114.3m— $68m from Regional Council budgets and $46.3m from Commission allocations, including $22m from the National Aboriginal Health Strategy.

The funds are administered by ATSIC, but Regional Councils establish local funding priorities.

Housing and infrastructure

ATSIC's Community Housing and Infrastructure Program funds feasibility studies and Housing Development Plans prior to the commencement of housing and infrastructure projects.

Overview Report»----- 1 2 7

The program was reviewed during 1992-93 to ensure the policy reflected the housing and infrastructure needs and priorities o f Aboriginal and Torres Strait Islander communities. The ATSIC Board of Commissioners endorsed the new policy in June 1993, after broad community consultation. Copies of the policy have been distributed to State, Territory and Regional Offices, and Regional Councils. A guiding principle was to incorporate initiatives flowing from the Royal Commis­ sion into projects that receive ATSIC funding.

ATSIC conducted the Indigenous Australians Shelter Conference in Brisbane in November 1993 in an effort to encourage and develop an integrated approach to housing and infrastructure. The conference provided a forum for those involved in the housing and infrastructure industry to exchange information and ideas in the International Year of the World's Indigenous Peoples. Issues included housing initiatives and design, organisational and asset management, technology, training, home ownership and tenancy.

The National Commitment to Improved Outcomes in the Delivery of Services to Aboriginal and Torres Strait Islander People was endorsed by the Council of Australian Governments in late 1992. Under this framework, the Commonwealth decided to channel the Aboriginal Rental Housing Program of the Commonwealth-

State Housing Agreement through ATSIC. As a result, the Commission and the Department of Health, Housing Local Government and Community Services have negotiated with State and Territory governments. Objectives included:

• self-determination and self-management by Aboriginal peoples and Torres Strait Islanders in the planning, decisions, management and evaluation of housing provision;

the better co-ordination of related streams of resources for housing and land servicing;

an increased share of national funding and housing policy for Aboriginal and Torres Strait Islander housing; and

r increased efficiency in the delivery of housing services, public accountabil­ ity for funds and assets allocated.

In addition, ATSIC will negotiate with States/Territories to gain maximum financial contributions to match the Commonwealth’s contribution to Aboriginal and Torres Strait Islander communities through the National Aboriginal Health

1 2 8 — Overview Report?

In 1992-93, ATSIC allocated $136,203 to the Centre for Appropriate Technology for research and development into housing and infrastructure technology.

Strategy. State and Territory governments have contributed an additional $44m to implement the the strategy since June 1990.

Local management and data collection

ATSIC is reviewing Aboriginal Housing Organisations to establish their contribu­ tion to the provision of affordable and appropriate housing, their sustainability, and to present options for improving their performance. The review is expected to be finalised early in 1994.

ATSIC has almost completed the first comprehensive study of the housing and community infrastructure needs of Aboriginal peoples and Torres Strait Islanders. The survey is examining the housing need in rural, remote and urban areas, to improve resource allocation decisions. A report on Stage 1, which examined needs

in rural and remote areas, was released in June 1992. Stage 2 is analysing urban housing data from the 1986 and 1991 Censuses.

Survey results have already been used by Aboriginal and Torres Strait Islander communities to develop regional and community plans, and by ATSIC as back­ ground for funds allocation.

The Stage I results show:

• the estimated cost of providing housing for the 44,000 Aboriginal and Torres Strait Islander people who lived in overcrowded conditions was over $ 1,200m;

• around 40 per cent of dwellings required major repairs or replacement— the estimated cost of repairs was $280m;

• 34 per cent of discrete communities have inadequate water supplies, while 13 per cent do not have a regular water supply; and

• the estimated cost of upgrading access roads was $270m, while less than 50 per cent of the internal roads in 64 per cent of discrete communities were sealed.

Overview Reports---- 1 2 9

Preliminary results for Stage II show:

• one third of all Aboriginal and Torres Strait Islander households were living in overcrowded conditions — 13,886 required housing;

• housing affordability was measured by examining the percentage o f income spent on housing. 25 per cent o f private renters, 19 per cent of purchasers and 11 per cent of public renters had affordability problems; and

• slightly less than one-quarter o f Aboriginal and Torres Strait Islander households are in after-housing poverty (below the Henderson Poverty Line after paying for housing).

The Community Housing and Infrastructure Program also funds Aboriginal Housing Organisations for staff training, and in 1992-93 allocated almost $350,000 for homemakers' services. These provide training and services to help Aboriginal

and Torres Strait Islander families, especially those in town camps and remote communities, with the transition from traditional to modem lifestyle. They teach skills such as budgeting, nutrition, the use of household appliances, and the maintenance of homes and the environment.

The Royal Commission urged governments to adopt a fair employment practice when letting tenders. There is some flexibility within tendering processes to give preference to indigenous organisations or organisations which employ Aboriginal

and Torres Strait Islander staff. For example, in Western Australia, Homeswest provides a 10 per cent preference for Aboriginal building firms. The creation of employment opportunities for Aboriginal and Torres Strait Islander people is also a factor which ATSIC considers when assessing tender proposals.

Local government

I he Local Govemment/Aboriginal and Torres Strait Islander National Reference Group provides a forum for inter-government co-ordination. It aims to ensure that Aboriginal and Torres Strait Islander people have equitable access to local government services.

ATSIC, DEBT and DHHLGCS have funded an Aboriginal policy officer in the Australian Local Government Association to promote more effective and equitable service provision by local government to Aboriginal and Torres Strait Islander communities. The policy officer also promotes improved employment opportuni-

1 3 0 — Overview Report»

ties for Aboriginal and Torres Strait Islander people in local government. In addition, ATSIC Regional Councils and local government bodies in the Northern Territory, NSW and Western Australia used a series o f eight workshops to discuss issues of local co-ordination.

ATSIC has also been monitoring issues relating to local government road funding. It will seek consideration of the issue within the recently announced review of the Local Government (Financial Assistance) Act 1986.

Overview Reports----

Monitoring and reporting on implementation of the Recommendations of the Roval Commission

PREPARED BY THE ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ATSIC) Miss Lois O'Donoghue, CBE, AM Chairperson, ATSIC

Background

The Royal Commission recommended that ATSIC report, at least annually, on the implementation of Recommendations. Recommendation 1 also emphasised the need for consultation with Aboriginal and Torres Strait Islander organisations and

the use of them to implement Recommendations. The Commonwealth fully supported the Recommendation.

It gave ATSIC the key role in ensuring effective monitoring and reporting, including co-ordination of Commonwealth departments and agencies with imple­ mentation responsibilities, and with State and Territory governments which accepted responsibility for monitoring and reporting on those Recommendations for which they had or shared responsibility for implementation. Senior forums of Commonwealth, State and Territory Ministers and officials have given ongoing consideration to relevant Recommendations. The Aboriginal and Torres Strait Islander Social Justice Commissioner in the Human Rights and Equal Opportunity Commission has been consulted.

Arrangements for monitoring and reporting

Officers were appointed to the Royal Commission Government Response Moni­ toring Unit in ATSIC in 1992. ATSIC has given the task the highest priority. The major challenge is to establish rigorous scrutiny of implementation of Royal Commission Recommendations which encompasses the economic, social and cultural well-being of Aboriginal peoples and Torres Strait Islanders. Following the implementation o f initiatives in response to the Recommendations of the Royal Commission in the first few years, it will be increasingly important to closely monitor outcomes, especially in areas such as land rights and acquisition, economic

1 3 2 ---- Overview Report»

To date the focus has been on establishing monitoring and reporting mechanisms. This has required:

• co-ordination between the Commonwealth and the States and Territories;

• monitoring of implementation by a total of 24 Commonwealth Departments and agencies;

• arrangements to obtain a report on implementation of each Recommendation for which there was a Commonwealth responsibility;

• arrangements to obtain a report on each of the funded program initiatives w hich had been d e v elo p e d in re sp o n se to R oyal C om m issio n

Recommendations;

• an assessment of 'progress of the implementation of the adopted Recommen­ dations (part (b) of Recommendation 1); and

• a consistent focus on ensuring the maximum involvement possible of Aboriginal peoples and Torres Strait Islanders in all aspects of the implemen­ tation and monitoring processes.

Co-ordination of monitoring with States and Territories was initiated at the August 1992 meeting of the Australian Aboriginal Affairs Council of Ministers. It directed officials to meet and discuss arrangements. That meeting of the Standing Commit­ tee of Officials took place on 25 May 1993, and recommendations were made to

the next meeting of Ministers (October 1993). They provided for separate annual reporting by the Commonwealth and each State and Territory. They agreed on the general structure and content of the reports, and to the tabling of reports in the respective Parliaments during December.

Officials representing Commonwealth departments and agencies with major responsibilities for implementing Royal Commission Recommendations met on 23 February 1993. This Standing Group of Commonwealth Representatives discussed the monitoring and reporting processes and arrangements necessary to

produce an annual report on implementation.

development, health, and improvement in the experience o f Aboriginal and Torres Strait Islander peoples with the police, prison, detention and judicial systems.

Overview Reports----

The substantial amount of information to be prepared meant that producing an Annual Report would take months. The Standing Group therefore decided the Commonwealth would produce an Interim Report using information available at 30 June. That way, accountability would be achieved pending availability of the

full report. The Standing Group met again on 16 June 1993 to finalise co-ordination for the two reports.

Most members of the Standing Group are those officials who are responsible for co-ordinating the various contributions to reports on implementation which their department or agency is undertaking. Those contributions relate to funded pro­ grams and individual Recommendations, so some degree of repetition is unavoid­ able where (as usually happens) a funded program contributes to implementation of several Recommendations.

The Standing Group also agreed to a schedule of responsibilities for assessing the policy effectiveness of implementing programs and Recommendations. Ten policy categories were taken from the Overview of the Response by Governments to the Royal Commission. Assessments are derived from the principal policy concerns expressed in the Royal Commission’s report under Law and Justice; Empower­ ment; Aboriginal and Torres Strait Islander People and Australian Society; Young People; and others.

In 1992-93 — the first financial year for reporting — assessment is concentrated on efforts and program funding which has begun. The emphasis is on inputs. In many instances, it is not yet possible to accurately or adequately assess outcomes. Increasingly, future Annual Reports should address outcomes. This is likely to require research and evaluation activity of a kind which breaks new ground for many Commonwealth and State agencies.

Involving Aboriginal and Torres Strait Islander people in monitoring and imple­ mentation has been facilitated by the existence of ATSIC's elected Regional Councils and Board of Commissioners, who have frequently provided comments and advice, as well as decisions on ATSIC funding.

T he elected arm of ATSIC ensures widespread and constant sources o f authorita­ tive and representative expression of indigenous peoples’ views, and decisions on matters affecting their interests. Further work with Regional Councils will be necessary to develop even more effective arrangements in future years.

In addition to the formal ATSIC representative structures, Aboriginal peoples and Torres Strait Islander people have been involved in implementation through

1 3 4 — Overview Rennrt«

membership of advisory or steering groups, as staff o f the implementing depart­ ments or agencies, and as community-level representatives. The importance of community-level advice, comment and direction cannot be over-estimated. This contribution to implementation and, especially, to ongoing review is already

significant and, as State and Territory implementation gets underway, it should increase. ATSIC has offered funds to each State and Territory monitoring authority to help meet the costs of involving Aboriginal and Torres Strait Islander representa­

tives in monitoring and reporting processes.

Departments and agencies have detailed the extent of Aboriginal and Torres Strait Islander involvement in the actions taken to implement programs and Recommen­ dations, so that accountability in this fundamental area is as complete as possible.

Conclusion

Much of the effort to implement Recommendation 1 in 1992-93 has gone into establishing comprehensive arrangements to monitor and report on the implemen­ tation of the Royal Commission Recommendations for which the Commonwealth has responsibility. A complete view of implementation in 1992-93 will require

reference to Commonwealth, State and Territory reports. Separate reporting ensures that governments, departments and agencies with direct responsibility are accountable for implementing the commitments given by governments.

The arrangements established at the Commonwealth level have generated a flow of reporting. The agreement to report on implementation of each Recommenda­ tion, as well as on each funded program, maintains accountability in detail. It relates directly to the Royal Commission's report and commitments given in published responses of the Commonwealth, State and Territory governments which were

presented jointly in the three-volume set, Aboriginal Deaths in Custody. Response by Governments to the Royal Commission. Those responses have provided clear guidance to departments and agencies responsible for implementation.

Arrangements for the involvement of Aboriginal and Torres Strait Islander representatives, organisations and community members have so far relied heavily on ATSIC’s elected structures and on other established advisory groups, steering committees or similar reference groups.

From February 1994, ATSIC Commissioners and Regional Council Chairpersons will hold full-time, salaried positions. This will further enhance the capacity of ATSIC's elected structures to monitor the implementation of Royal Commission

Overview Reports ---- 1 3 5

Recommendations. To complement the extensive involvement o f ATSIC elected structures there is a need to develop other mechanisms to ensure the wider involvement of local and regional Aboriginal and Torres Strait Islander people. It is important that the approach is not characterised by consultation without feed­ back, but by involvement of a kind which ensures that Aboriginal and Torres Strait Islander people and community organisations feel their views have been fully taken account of in the implementation process. Involvement of Aboriginal and Torres Strait Islander people in this way is critical to ensuring that the Recommendations of the Royal Commission and related policy are implemented and developed in ways that are acceptable.

Finally, the annual report is to be distributed widely, including to all ATSIC Regional Councillors and Commissioners, to upwards of 2,000 Aboriginal and T orres Strait Islander organisations throughout Australia, and to the public through the information services of departments and agencies.

136 — Overview Rppnrt.

Part III

Program Reports

In December 1988, Mr Justice Muirhead issued an Interim Report of the Royal Commission into Aboriginal Deaths in Custody. It dealt mainly with law and justice issues, includingcustodial practices and post-death investigations. The Commonwealth responded in early 1989 and funded some reforms in these areas.

In May 1991, the final report of the Royal Commission was tabled in Parliament. The Commonwealth responded initially in December 1991, announcing a a package of 'immediate measures' including increased supportfor Aboriginal and Torres Strait Islander legal services,

support for bereaved families, and a range of initiatives, covering, for example, police training, diversion from custody, and prisoner support.

Reports on activities flowingfrom these rounds of funding are contained in the first section of Volume 1, Part III, headed J ustice Muirhead and December 1991 Initiatives, pages 139 - 1 5 8 .

In March and June 1992, the Commonwealth Government announced a two-stage major response to the Recommendations of the Royal Commission, releasing funding in June and December 1992.

The second section of Volume 1, Part III, headed Major Program responses reports on programs thus funded, pages 159 - 248.

Program Reports----- 1 3 7

1 38 ---- Program Reports

Justice Muirhead and December 1991 initiatives

Family Counselling

Relevant Royal Commission Recommendation

5

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission, as the agency providing funds to the State and Northern Territory governments.

Description o f Program

The Commonwealth provided ATSIC with $ 1.98m in response to Recommenda­ tion 5 of the Royal Commission. ATSIC allocated the funds to the State and Northern Territory Governments to provide counselling and support for the families of those who died in custody, to extend and improve services which

address family disintegration, and to enhance resources for affected communities.

Implementation in 1992-93

State/Territory Reports:

Victoria Allocation $60.000

Aboriginal Affairs Victoria and families of those who died in custody discussed which organisation would be responsible for arranging counselling, and alternative means of spending the funds.

Tasmania Allocation $20.000

The S tate Government consulted the Aboriginal community and people close to the family concerned, and advised that further counselling for this purpose would be inappropriate.

Program Reports --- 1 3 9

Western Australia Allocation $650.000 The sum of $185,000 was released to the Aboriginal Affairs Planning Authority. It used $30,000 to engage a consultant to examine the need for additional counselling for families of those who died in custody, and $ 155,000 to establish and fund the first year of an Aboriginal counselling course at Curtin University. Funds were released on 23 October 1992. The remaining $465,000 was released to fund the following projects:

• establish a Perth-based Aboriginal counselling service;

• Aboriginal counselling in Broome;

• establish pilot community initiatives; and

• support Marr Mooditj, an Aboriginal Health College, to provide specialist counselling training for Aboriginal people.

South Australia Allocation $250.000

The South Australian Health Commission applied for the full allocation in September 1992. In February 1993, $125,000 was released for family monitoring and support with the remaining allocation to be released in 1993-94. The project is being supervised by the Aboriginal Health Council of South Australia.

Northern Territory Allocation $200.000 The Department of Health and Community Services received $200,000, to fund the following organisations for family counselling services:

1. Central Australian Aboriginal Congress Inc, Alice Springs $80,000 2. Belyuen Community Council Inc, Belyuen via Darwin NT $40,000 3. Milikapiti Community Council Inc, Milikapiti via Darwin $40,000

The remaining $40,000 was set aside for project evaluation.

New South Wales Allocation $300.000 The NSW Government Office of Aboriginal Affairs was funded in April 1993. As a result of new administrative procedures, there were no developments prior to June 1993.

1 4 0 — Program Renm-t,

Queensland Allocation $500.000

The Department of Family Services and Aboriginal and Islander Affairs was allocated $500,000 in July 1992. Preliminary community consultations were held, primarily in Cairns. The Department spent about $80,000 o f its own funds on them.

Outcomes

Arrangements for counselling have been finalised in the Northern Territory, and are well-advanced in South Australia and Western Australia. Being a new program, delays occurred while State and Territory governments assessed the concept and examined ways of implementing it effectively.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

As part of the grant conditions, States and Territories have been required to consult with relatives of the deceased on the implementation of this program.

Next stages of implementation: 1993-94 and beyond

The funds initially allocated were intended to be the Commonwealth’s full commitment and additional funding is not anticipated. All States are being encouraged to fully implement the program. To ensure that the remaining alloca­ tion is spent on family counselling, the status of each project will be reviewed.

ATSIC will consult with States where there are unspent funds, with a view to concluding this program in 1993-94, consistent with its original objectives.

Resources

1992-93 program expenditure $ 1.795m

Contact Officer

Mr Barry Johnson Health and Community Development Branch Telephone (06) 289 3151 Facsimile (06) 282 3601

Program Reports ----- 1 4 1

Alcohol and Other Substance Abuse Prevention

Relevant Royal Commission Recommendations

63-71, 80,236-251,281,282 and 283

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission. Assistance is provided by the South Australian Department of Aboriginal Affairs, and the NSW Department of Corrective Services through the NSW Office of Aboriginal Affairs.

Description of program

The Substance Abuse program is delivered through community organisations which provide services ranging from prevention, through early intervention, to rehabilitation. Grants are provided to projects which Regional Councils recognise as having community support. The program seeks to bring community aspirations together with national alcohol and other drug policy priorities.

Advice which underlies the development of ATSIC alcohol and other drug policies is obtained from a range of sources, including:

• Aboriginal and Torres Strait Islander community-based agencies;

• ATSIC Regional Councils;

• the Task Force on Substance Abuse;

• ATSIC Commissioners;

• State and Territory Tripartite Forums;

Commonwealth, State and Territory health and drug services; and

National Centres of (Research, Prevention and Treatment) Excellence in alcohol and other drug issues.

1 42 ---- Program Report»

Implementation in 1991-92

In December 1991 the Commonwealth committed $680,000 for substance abuse programs as an initial response to Justice Muirhead's Interim Report.

This funding was divided between two States — South Australia and New South Wales. In 1991-92 South Australia received $50,000 to develop a Statewide strategy on alcohol and substance abuse, and New South W ales received $265,000 to fund Aboriginal drug and alcohol workers in prisons.

Implementation in 1992-93

In 1992-93 an additional $100,000 was allocated to South Australia and $265,000 to New South Wales to continue these projects.

South Australia Statewide strategy on alcohol and substance abuse. The project began in May 1992 with a State conference of Aboriginal and Torres Strait Islander substance abuse organisations at Camp Coorong.

In 1992-93 the conference recommendations were funded. They included estab­ lishing the Aboriginal Drug and Alcohol Council to monitor and evaluate existing programs, co-ordinating planning, and further developing the strategic plan for South Australia.

New South Wales Aboriginal Drug and Alcohol Workers in Prisons. Funding provides for the employment of four Aboriginal drug and alcohol workers in NSW gaols with the highest proportion of Aboriginal and Torres Strait Islander inmates, and a program

co-ordinator. The project will not be designed until the project co-ordinator has been appointed.

Both the NSW Office of Aboriginal Affairs and the Department of Corrective Services have had difficulty recruiting Aboriginal project officers. The status of the project is to be considered at a planning meeting between the Department of Corrective Services’ Health Programs Branch and the Prison Medical Service.

— 1 4 3 Program Reports

Outcomes

South Australia now has an Aboriginal Drug and Alcohol Council which is responsible for the Statewide strategy to deal with substance abuse issues. Some of the objectives of the Council are to: • develop Aboriginal community-based solutions to the problems of substance

abuse;

• advance the spiritual, emotional, cultural, social and physical well-being of Aboriginal people by developing local, regional and Statewide strategies that target mental health — prevention, treatment, early intervention, rehabilita­ tion, after care, community care and support;

• assist member organisations to educate and rehabilitate substance abuse victims; and

• support appropriate research.

The NSW Aboriginal Drug and Alcohol Workers in Prison project depends on the outcomes of the proposed meeting, and the successful recruitment of personnel.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

South Australia I he Aboriginal Drug and Alcohol Council is an Aboriginal and Torres Strait Islander organisation. It is made up of representatives of 13 communities from all regions in the State. Membership is open to all Aboriginal and Torres Strait Islander people who practise sobriety.

New South Wales The Dmg and Alcohol Workers in Prison project will be monitored by the Department of Corrective Services’ Aboriginal Task Force, which includes repre­ sentatives from Aboriginal and Torres Strait Islander organisations in health and legal areas and the general community.

1 4 4 Program Report,

Next stage of implementation: 1993-94 and beyond

The immediate response funding was available for two years for two projects. The relevant Regional Councils and the State Advisory Committee will decide whether further funding will be made available.

Resources

1991- 92 expenditure 1992- 93 expenditure $41,148 $373,852

Contact Officer

Mr Peter Gillin Health and Community Development Branch Telephone (06)289 3217 Facsimile (06) 282 3601

— 1 4 5 Program Reports

Aboriginal and Torres Strait Islander Adolescent Alcohol National Media Campaign

Relevant Royal Commission Recommendations 70, 282, 287

Agency/Department responsible

Department of Health, Housing, Local Government and Community Services

Description of Program

The campaign aims to reduce the prevalence of, and harm associated with, excessive alcohol consumption by Aboriginal and Torres Strait Islander youth (aged 12-18 years).

The campaign adopts the position that alcohol abuse is inconsistent with the positive celebration of Aboriginal and Torres Strait Islander cultures, music and dance. A range of resources, mass media advertising, media and event sponsorships and role model endorsements promotes the message.

The campaign has used a television commercial which was produced in conjunc­ tion with the Yirrkala Dhanbul community Raypirri— A Matter O f Being Sensible; sponsored a tour by Y othu Yindi of remote communities in the Northern Territory, including school workshops and visits to local health services; personal and public endorsements by current Australian of the Year, Mandawuy Yunupingu, together

with media interviews to promote the campaign message; produced a 30-minute video documentary of the tour which will be used as an educational resource; production of T-shirts and caps featuring the campaign logo and distribution of them to schools, health services and relevant community agencies.

Implementation in 1992-93

The initial phase of the campaign— featuring alcohol awareness TV commercials, posters, T-shirts, caps and a Yothu Yindi concert tour o f remote areas in the Northern Territory — has been completed.

146 — Program Report,

Outcomes

Preliminary research shows that Yothu Yindi was viewed almost universally as the appropriate choice for the campaign; messages concerning alcohol abuse and culture were widely acknowledged; the level of ownership was not restricted to youth in the communities visited; and the television commercial was extremely

successful with 90 per cent recognition recorded in some areas.

Co-ordination, including involvement o f Aboriginal peoples and Torres Strait Islanders in implementation and monitoring

Campaign themes and story-lines have been developed by local communities in consultation with the D epartm ent Artwork and logo design was by local artists nominated by the communities.

Researchers have completed interviews with community representatives and youth as part of a comprehensive evaluation. The team included indigenous researchers and field staff.

The basic tenet of the campaign is that messages for Aboriginal peoples and Torres Strait Islanders should be developed and delivered by them.

Next stage of implementation; 1993-94 and beyond

The Department has received the final evaluation of the first part of the campaign. Results were extremely positive with Yothu Yindi viewed as appropriate and effective role models by both the target age groups and older community members. Up to 90 per cent reach was achieved in some of the remote areas covered by the campaign, and the associated T-shirt designs proved very successful.

Follow-up consultations were convened in major Northern Territory regional centres (Alice Springs, Tennant Creek, Katherine, Nhulunbuy, and Darwin) during October. These involved representatives of the DHHLGCS, ATSIC and the Northern Territory Living With Alcohol Program (thereby increasing co-ordina­

tion at both national and Territory levels). The consultations were extremely useful, with agencies providing direct feedback on the viability and appropriate imple­ mentation o f future campaign activities such as youth festivals, poster competi­ tions, school programs and role models. A draft report on the consultations is being prepared for comment and will be distributed to communities and agencies late in

Program Report» — 1 4 7

November. Detailed planning for 1994 activities will begin after the community has had the chance to comment.

The video documentary of the Yothu Yindi tour was to be finalised in November. Delays occurred in production schedules and obtaining community approval for the use of footage. Discussions with ATSIC and health agencies are continuing on

appropriate educational support material and packaging.

Sponsorship of the New South Wales leg of the national tour of the acclaimed musical Bran Nue Dae is under way. The tour, through rural and regional centres, includes matinee performances and workshops with local agencies (including DEBT and local health services).

Discussions about options for future campaigns in urban, rural and remote areas are under way.

Planning for campaign development in Western Australia (including the south­ western and Kimberley regions) and major south-eastern centres began in August. Meetings with Torres Strait Islander communities and agencies (both Torres Strait and mainland) are planned for December. They will concentrate on developing the campaign so that it relates to the culture. Campaign development is expected to

begin after the wet season.

Further national campaigns and comprehensive State/Territory follow-up pro­ grams will be developed.

Resources

1992-93 to 1997-98: $500,000 per annum.

Contact Officer

Mr Justin Noel Public Affairs Branch Telephone (02) 225 3812 Facsimile (02) 225 8728

148 — Program Report»

Law and Justice

Relevant Royal Commission Recommendations

6 0 ,6 2 ,8 0 ,8 1 , 109-1 1 6 ,1 3 9 ,1 4 0 ,1 4 5 ,1 4 8 ,2 2 8 ,2 3 6

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission as the funding agency for State and Northern Territory agencies

Description of the Program

ATSIC’s Law and Justice program is delivered mainly through community-based organisations providing services such as legal assistance, prevention and rehabilitation.

As an immediate response to Justice Muirhead’s Interim Report, the Common­ wealth offered $5m to the States and the Northern Territory to accelerate imple­ mentation of the more urgent recommendations in the Interim Report. The offer was made subject to criteria including appropriate matching funding arrangements

by each State and the Northern Territory. Funds were allocated as follows: $m

New South Wales 1.30

Queensland 1.30

Victoria 0.30

South Australia 0.80

Western Australia 0.80

Northern Territory 0.35

Tasmania 0.15

State and Territory governments provide services in the general law and justice area, including police, prisons, juvenile detention and courts.

— 1 4 9 Program Reports

Implementation in 1991-92 and 1992-93

The States and the Northern Territory developed projects which were aimed at meeting the more urgent requirements within each jurisdiction, and Common­ wealth funds were provided for the following:

New South Wales To the Police Commission for upgrading prison cells in areas with a high Aboriginal and Torres Strait Islander population.

Queensland To the Police Department for training and cultural awareness of police.

To the Department of Family Services and Aboriginal and Islander Affairs to establish a cell visitors’ scheme and for diversionary facilities.

To the Corrective Services Commission to implement community placement programs.

Victoria To establish sobering-up shelters in a number of communities, jointly with the State Government, and the publication of material to promote the Aboriginal Commu­ nity Justice Panels.

Tasmania To the Tasmanian Aboriginal Centre for youth services.

South Australia To establish an Aboriginal visitors’ scheme.

Western Australia To provide alternatives to police cell custody for the care of intoxicated persons in Perth, Halls Creek, Port Hedland and Fitzroy Crossing, jointly with the State Government.

Northern Territory To establish sobering-up shelters at Katherine, Tennant Creek and Darwin.

1 5 0 — Program Reports

Outcomes

South Australia The Aboriginal Visitors’ Scheme now operates in two complementary compo­ nents. The first targets the Adelaide metropolitan area and is conducted by the Aboriginal Community Recreation and Heath Service. The second targets the rest

of the State and is managed by the Department of State Aboriginal Affairs. The Aboriginal Legal Rights Movement is expected to assume responsibility for the country component of the scheme.

New South Wales There has been upgrading of police cells in the following centres with significant Aboriginal and Torres Strait Islander populations: Wilcannia, Bourke, Brewarrina, Moree, Tam worth, Dubbo, and Griffith.

Victoria Eight sobering-up centres have been established. They are owned and operated by community organisations in Echuca, Shepparton, Melbourne, Warmambool,

Mildura, Swan Hill, Morwell and Baimsdale. They are providing pick-up services and alternatives to prison and possible criminal charges. They are run in conjunc­ tion with local Aboriginal Community Justice Panels and police.

Queensland Twenty-two Aboriginal and Torres Strait Islander community organisations re­ ceived funding for projects ranging from the production of a video, to assisting with

festival costs.

The Queensland Corrective Services Commission provided grants to 11 commu­ nity organisations. In addition an Aboriginal recruitment officer and a senior Aboriginal adviser were appointed, and a number of seminars and conferences were held.

Queensland Police have developed cross-cultural training packages which include race relations, Aboriginal history and the law, and Aboriginal and Torres Strait Islander contemporary issues.

Police selected to work in communities now have access to background resource material on them.

A Cherbourg training program is running successfully. It will continue and may soon be replicated in the northern regions of Queensland.

— 151 Program Reports

Video monitors were installed in police watch-houses at Cairns, Townsville, Yarrabah, Mt Isa, Rockhampton and Woorabinda.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Commonwealth’s offer of $5m for implementation of the more urgent recommendations of the Interim Report was contingent on Aboriginal and Torres Strait Islander participation in the planning and development of the State and Northern Territory proposals.

Next stage of implementation: 1993-94 and beyond

The amounts provided were once-only allocations for specific projects. The States and the Northern Territory are responsible for administration, monitoring and reporting on the projects, and their continued resourcing.

Resources:

1992-93 expenditure $5m

Contact Officer

Mr Tony Hanrahan Social Justice Branch Telephone (06) 289 3168. Facsimile (06) 2853741

1 5 2 — Program Report.

Pilot Cross-cultural Training Course for Professional and Other Health Staff in the Northern Territory

Relevant Royal Commission Recommendations

5 and 264

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission funded the Northern Territory Department of Health and Community Services to implement the pilot project.

Description of Program

To develop a cross-cultural training course for health professionals and other staff providing health services to Aboriginal people. Funding was provided in February 1992 as part of a special package in immediate response to the Royal Commission's final report.

Implementation in 1992-93

The Aboriginal Development Service ran a number o f cross-cultural training courses within the Nhulunbuy area for professional and non-professional staff employed within the health servicing area of the Department of Health and Community Services.

Anyinginyi Aboriginal Corporation ran a cross-cultural course in Tennant Creek for the Barkley District Hospital and community health staff.

The Institute of Aboriginal Development ran a cross-cultural course in Alice Springs for urban-based community health staff, and another consultant ran a cross-cultural course for rural-based staff.

In the Darwin area, Nungalinya College ran a cross-cultural course for staff providing health services to rural areas.

— 1 5 3 Program Reports

Outcomes

Courses were provided in four major areas of the Northern Territory and for staff in all major sectors of the health system — field, urban, rural and hospital.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

All cross-cultural courses were delivered or closely monitored by Aboriginal organisations.

Next stage of implementation: 1993-94 and beyond

Assessment of the pilot projects.

Resources

1992-93 expenditure $53,000

Contact Officer

Mr Bill Doble Northern Territory Office Telephone (089) 44 5523 Facsimile (089) 41 2258

1 5 4 — Program Report,

Establishment of Aboriginal Youth Centres in three Regional locations

Relevant Royal Commission Recommendation

62

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

A State grant as an immediate response to the final report o f the Royal Commission, December 1991.

Implementation in 1992-93

Funds of $450,000 were released in June 1993 to the Victorian Department of Health and Community Services. Aboriginal Affairs Victoria has three projects proceeding or planned:

• at Merindoo (near Omeo) youths are building a cultural activities/youth/ camping centre with assistance from a CDEP project;

• in Shepparton a bequested house is being renovated as a youth facility and construction of an attached gymnasium is to begin soon; and

• in Morwell, plans have been drawn for construction of a youth facility.

Outcomes

One youth facility under construction, using youth in a CDEP project.

Planning advanced on two additional youth centres.

— 1 5 5 Program Reports

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation and monitoring

In 1992 Aboriginal Affairs Victoria sought views from more than 20 Aboriginal community organisations on issues raised by the Royal Commission. In all consultations, Aboriginal communities identified youth issues as high priority. A youth conference in Rowsley in 1991 also identified the need for increased recreational opportunities. $548,000 of State funds were committed to establish three facilities. The ATSIC State grant will enable completion of these facilities and additional facilities to be established.

Next stage of implementation: 1993-94 and beyond

• Allocated funds will allow completion of the three youth centres.

• Aboriginal Affairs Victoria has been approached by several other organisa­ tions with similar proposals, so identification, planning and establishment of additional youth centres will begin.

Resources

ATSIC 1992-93 expenditure $450,000

AAV 1992-93 expenditure $548,000

Contact Officer

Mr Bariy Johnson Health and Community Development Branch Telephone (06) 289 8945 Facsimile (06) 282 3601

1 5 6 — Program Report»

Extension of Aboriginal Adult Education in Prisons Program

Relevant Royal Commission Recommendation

184

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

Extend opportunities for prisoners to take training courses provided by Tasmanian Department of Employment, Industrial Relations and Training.

Implementation in 1992-93

Monies for this project were originally allocated in December 1991. Negotiations were protracted and agreement was reached in 1992-93.

The project will extend existing Aboriginal Adult Education programs to include computer skills, Aboriginal studies teletutoring, classes for offenders in lieu of work orders, and bridging programs with a cultural component to enhance access to mainstream subjects.

Outcomes

Facility upgrading and recruitment have begun.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The State Government sought comments and support for the project from 14 Aboriginal organisations.

Program Report» — 1 5 7

A full briefing was given to the Tasmanian Regional Council by ATSIC State officers in February 1993.

The relevant Zone Commissioner was involved in discussions on the special conditions of the grant.

Next stage of implementation: 1993-94 and beyond

Complete upgrading o f educational facilities, complete recruitment processes.

Resources

$155,000 released in 1992-93

Contact Officer

Ms Frankie Forsyth Tasmanian State Office Telephone (002)348 055 Facsimile (002) 348 072

1 5 8 — Program Reports

Major Program responses, March, June 1992

Alcohol and Other Substance Abuse Prevention

Relevant Royal Commission Recommendations 63-71,80,236-251,281,282 and 283

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission (Health and Community Development Branch). Assistance is provided by the Department of Health, Housing, Local Government and Community Services.

Description of program

The Substance Abuse program is delivered through community organisations which provide services ranging from prevention, through early intervention, to rehabilitation. Grants are provided to projects which Regional Councils recognise as having community support. The program seeks to bring community aspirations

together with national alcohol and other drug policy priorities.

Advice which underlies the development of ATSIC alcohol and other drug policies is obtained from a range of sources, including:

• Aboriginal and Torres Strait Islander community-based agencies;

• ATSIC Regional Councils;

• the Task Force on Substance Abuse;

• ATSIC Commissioners;

• State and Territory Tripartite Forums;

• Commonwealth, State and Territory health and drug services; and

• National Centres of (Research, Prevention and Treatment) Excellence in alcohol and other drug issues.

— 1 5 9 Program Reports

Implementation in 1992-93

The Alcohol and Other Drug Interim Funding Policy Guidelines were made available to the State Advisory Committees in January 1993, after endorsement by the Board of Commissioners. The guidelines have helped committees to assess funding proposals.

The late allocation of Royal Commission substance abuse funds and the short time available to committees to consider applications for funding in 1992-93 inhibited expenditure.

Difficulties included:

• letting contracts, which takes considerable time, especially for larger capital items;

• tender processes could not begin before projects were approved; and

• delays in consultancy arrangements.

State Adivsory Committees examine the substance abuse proposals and recom­ mend funding priorities, but as they meet only twice each year, delays occurred. Nevertheless, $11.727m was allocated to projects throughout Australia.

Many of the funded projects were new, including:

MarraWorraWorra - Fitzrov Patrol (WA) This project directed its resources to the proper care of people affected by alcohol and their safe return to communities. The patrol consists of senior community people who frequent places where people are known to be at risk or in need of care.

Garl Garl Association — sobering up centre!safe house (WA) Provision of a safe house where people who are intoxicated can be placed. This will decrease the number of people in the local lock-up and will complement family violence projects.

Barrell Well Community (WA) The Barrell Well Community is planning programs aimed at the prevention of alcohol and other drug abuse. These programs will target:

1 6 0 ---- Program Report»

• the significant transient population o f Aboriginal people seeking refuge from alcohol and drug related environments;

• young offenders with alcohol and drug related problems who are sent to the Barrell Well Community.

There will be workshops and rehabilitation programs facilitated by the community with the assistance of the Alcohol and Drug Authority and health professionals.

Koorie Youth Life Skills (Victoria) Purchase of a property known as the Μ & N Station by the Mildura Aboriginal Corporation for the Koorie Youth Life Skills rehabilitation project. This property will provide the basis for a large rehabilitation/treatment centre for youth and adults

in Victoria.

Port Kennedy (Torres Strait Region) Development of a strategy to deal with alcohol and substance abuse to formulate policies and raise awareness of the education and rehabilitation projects needed in the area.

Iwantia Community (SA) Purchase of capital equipment required for the Y outh Stockman Training Program.

Maningrida Council Inc (NT) Funding has been provided to employ three part-time Aboriginal substance abuse co-ordinators who will provide integrated programs at Maningrida in conjunction with the youth worker recreation officer, the health centre, the Bawinanga Outsta-

tion Resource Centre and an alcohol rehabilitation program.

The derelict Maningrida Community Hall has been refurbished and sporting equipment has been ordered. A team of former petrol sniffers is now employed by Maningrida Council on general town maintenance. This will further develop with the introduction o f a Community Development Employment Projects scheme at

Maningrida. The scheme will also provide training in alcohol rehabilitation and counselling, recreation and cultural activities for youth, and basic building skills. Some of the funded projects included expansion of existing programs. Examples are:

Doonooch Self Healing Centre (NSW) Expansion of the centre to include a pilot for a new culturally-based approach rather than a program that has been based on the principles of mainstream services.

— 161 Program Reports

Percy Green Centre (Victoria) Funding to enable the renovation and operation of a rehabilitation centre (the Percy Green Centre) which is run by the Ngwala W illumbong Co-op Ltd.

Tasmanian Aboriginal Centre (Tasmania) Major expansion of an existing substance abuse service has begun. It will include extension of the existing Bumie premises to incorporate a gymnasium, lease of a seaside dwelling in a north east rural setting, and lease of a small farm in the south east. These expansions are aimed at diverting youth from substance abuse.

Outcomes

Many of the projects initiated in 1992-93 have generated positive responses. For example, the Julalikari Aboriginal Corporation (Tennant Creek, NT) initiated a highly successful night patrol program. It picks up intoxicated Aboriginal people prior to police attendance. The project has received commendation from the Northern Territory Police Commissioner, and is considered a model for other communities.

Programs expanded in 1992-93 using Royal Commission substance abuse funds have also received positive feedback. An example is the City o f Port Augusta Mobile Assistance Patrol (SA). Funding was provided to enable the City of Port Augusta Mobile Assistance Patrol to buy a house, land, a vehicle and to pay wages. The purchase of house and land has enabled the Patrol to move from the hospital to its own facility, in keeping with the recommendations of the Port Augusta Substance Abuse Working Party. The Mobile Assistance Patrol now has powers under local government jurisdictions.

The Tasmanian Aboriginal Centre has also expanded its services, and plans are under way to ensure:

• equity of access for women seeking assistance; and

a focal point for young Aboriginal people seeking a constructive alternative lifestyle.

1 6 2 — Program RpnorK

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

Projects are community-based and managed, and have been assessed as contrib­ uting to overcoming alcohol and substance abuse in their communities.

Co-ordination in the funding and distribution process includes Aboriginal peoples and Torres Strait Islanders. Aboriginal and Torres Strait Islander organisations initiate and forward proposals for consideration by the Regional Councils. These proposals are forwarded to the State Advisory Committee or Zone Commissioners for consideration of their funding priority. In some cases, State Tripartite Health Forums are also asked to comment.

Next stage of implementation: 1993-94 and beyond

In 1993-94 recommended funding for Royal Commission substance abuse pro­ grams, to be allocated by Regional Councils, is:

New South Wales

$m

1.817

Victoria 0.807

Queensland 2.750

South Australia 1.500

Western Australia 2.925

Tasmania 0.137

Northern Territory 2.597

Total 12.534

Each Regional Council needs to develop a strategic outlook and assess the contribution of projects towards its Regional Plan. Projects need to be closely tied in to existing funding from other mainstream sources to develop a co-ordinated approach to alcohol and other drug issues.

There is also a need to explore expansion of current programs in terms of establishing closer links with other mainstream programs. An example is the provision o f recurrent funding in 1993-94 to explore the development of the substance abuse program in the Northern Territory. The expansion involves other

mainstream programs of the Maningrida Council such as CDEP, arts and culture and the W om en’s Resource Centre.

— 1 6 3 Program Reports

Resources

1992-93 expenditure $8.718m

The breakdown was:

New South Wales Victoria Queensland South Australia Western Australia Tasmania Northern Tasmania Total

$m 0.654 2.188 0.776

1.669 0.980 1.165 1.286 8.718

*Note: $8.718m plus the ongoing substance abuse expenditure o f $4.416m gives a total substance abuse expenditure figure in 1992-93 o f $13.134m .

Contact Officer

Mr Peter G illin

H ealth and C om m unity D ev elo p m en t Branch

T elep h on e (06) 289 3217 F a csim ile (06) 282 3601

1 6 4 ---- Program Report»

Aboriginal and Torres Strait Islander legal services

Relevant Royal Commission Recommendations

2 3 ,9 0 ,1 0 5 , 1 0 6 ,1 0 7 ,1 0 8 ,226(g) and 234

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

To provide adequate resources for Aboriginal and Torres Strait Islander legal services so that they may be enhanced, including improved access to legal representation and advice.

Implementation in 1992 -93

As a result of the additional funding provided under this initiative, 22 Aboriginal and Torres Strait Islander legal services received substantial supplementary funding during the financial year.

These special Royal Commission funds have been used for a variety of initiatives, including the establishment of community education units, office upgrading, development of improved services in regional areas, purchase of capital equip­ ment, engagement of extra professional and field staff, and the establishment of

new services.

Program Reports-----

■Supplementary fu n d in g provided in 1992-93 w as as fo llo w s: $ Aboriginal Legal Service Ltd 1 360 578

South Coast Aboriginal Legal Service Ltd 155 000

Western Aboriginal Legal Service Ltd 62 110

South East Queensland Aboriginal Corporation for Legal Services 149 516 Ipswich Regional Aboriginal and Torres Strait Islanders Corporation for Legal Services 337 165

Aboriginal and Torres Strait Islander Corporation for Legal Services 2 3 1 1 1 2

Bidjara Aboriginal Corporation 45 000

Queensland Aboriginal and Islander Legal Services Secretariat 10 000 QEC Aboriginal and Torres Strait Islanders Corporation for Legal Services 302 716

Townsville and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Services 137 273

Mackay and Districts Aboriginal and Torres Strait Islanders Corporation for Legal Services 127 084

Njiku Jowan Legal Services (NQ) Ltd 248 941

Tharpuntoo Legal Service Aboriginal Corporation 287 133

TSNP Torres Strait Islanders and Aboriginal Corporation for Legal Services 124 020

Aboriginal Legal Rights M ovement Incorporated 955 000

Aboriginal Legal Service o f Western Australia (Inc) 2 080 000

Tasmanian Aboriginal Centre Incorporated 310 000

Katherine Regional Aboriginal Legal Service Inc. 228 374

Central Australian Aboriginal Legal Aid Service Incorporated 544 000 Northern Australian Aboriginal Legal Aid Service Inc 666 335

Pitjantjatjara Council Legal Service 30 534

Victorian Aboriginal Legal Service Co-operative Limited 736 000

Total 9 702 891

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

Elected Commissioners and Regional Councillors were involved in allocating these funds. In all instances, the recipients were community-based representative organisations, operated and controlled by elected boards of directors and commu­ nity input was significant. Funding was approved on the condition that regular

progress reports are provided to relevant Regional Councils.

In most cases the additional funds were released later in the financial year so the full effect of the additional resources has yet to appear. Capital items, however,

1 6 6 ---- Program Report»

such as vehicles, computers, and premises, have been acquired. New staff have been appointed and other recruitment action is under way.

Next stage of implementation: 1993-94 and beyond

The effects of the additional resources will become apparent in increased and expanded services, such as community legal education and enhanced civil and family law support. All Aboriginal and Torres Strait Islander legal services are expected to consolidate their activities on receipt of future special Royal Commis­

sion funding.

Recipients will report to relevant Regional Councils which will be able to consider and comment upon the directions being taken by Aboriginal and Torres Strait Islander legal services as a result of the increased funding.

In the longer term, the demand on Aboriginal and Torres Strait Islander legal services is expected to continue. A number of communities are seeking to establish their own regionalised legal services.

Resources

Program expenditure for 1992-93 by State was as follows:

$

New South Wales 2 142 688

Victoria 736 000

Queensland 1 999 960

South Australia 955 000

Western Australia 2 080 000

Tasmania 310 000

Northern Territory 1 479 243 Total 9 702 891

Contact Officer

Mr Tony Hanrahan Social Justice Branch Telephone (06) 289 3168 Facsimile (06) 285 3741

— 1 6 7 Program Reports

Cross-cultural awareness for judges, judicial officers and court office staff

Relevant Royal Commission Recommendations

96 and 97

Agency/Department responsible

Attorney-General’s Department

Description of Program:

To assist judges, magistrates and court officers to understand Aboriginal and Torres Strait Islander cultures.

Implementation in 1992-93

Judicial officers and representatives o f Aboriginal and Torres Strait Islander organisations and legal services attended meeting in Melbourne in November 1992. A sa result of recommendations from that meeting, a pilot workshop on cross- cultural awareness was held in Perth in May 1993.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation and monitoring

The Australian Institute of Judicial Administration is co-ordinating the program. Aboriginal and Torres Strait Islander Legal Services and other organisations are consulted in its design and delivery. The Perth workshop was designed and

delivered by the Aboriginal Community Research and Development Unit of Curtin University.

The unit used the skills, experience and expertise of four Aboriginal women in the workshop, and included gender awareness modules. The Attorney-General ’ s Department, through the Courts and Tribunals Branch, has two full-time staff engaged on the project, one an Aboriginal.

1 6 8 ---- Program Report»

Next stage of implementation: 1993-94 and beyond

There are plans to hold further cross-cultural awareness programs in other States and Territories during 1993-94.

Resources.

1992-93 expenditure $50,000

Contact Officer

Mr John Williams-Mozley Courts and Tribunals Branch Telephone (06) 250 6351 Facsimile (06) 250 5904

— 1 6 9 Program Reports

Establishment of an Aboriginal and Torres Strait Islander Interpreter Accrediting Program

Relevant Royal Commission Recommendations

99 and 100

Agency/Department responsible

A ttorn ey-G en eral’s D epartm ent

Description of Program

T o establish A b original and Torres Strait Islander langu age cou rses for A b original

p eop le and Torres Strait Islanders to enab le them to gain accreditation as interpret­

ers w ithin the court system .

Implementation in 1992-93

A pilot cou rse w as conducted in South A ustralia for A b original Pitjantjatjara

speakers. T he cou rse w as con d ucted by the A d elaid e C o lleg e o f T A P E with

lecturers in Pitjantjatjara b eing p rovided by the Institute o f A b original D e v e lo p ­ m ent in A lic e Springs.

Outcomes

There w ere three graduates from the p ilot course, o f w h om tw o w ere w om en.

There has been an increase in the num ber o f defendants or parties represented by accredited interpreters.

1 7 0 — Program Report»

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Attorney-General’s Department co-ordinated the program in conjunction with the Adelaide College of TAPE and the South Australian Court Services Depart­ ment. As with the cross-cultural awareness program forjudges, judicial officers and court office staff, the program is designed to eliminate gender bias.

Next stage of implementation: 1993-94 and beyond

The Department is planning courses in Torres Strait Islander Creole in Queensland, and further courses in Pitjantjatjara in other centres in South Australia.

Resources

1992-93 expenditure $100,000

Contact Officer

Mr John Williams-Mozley Courts and Tribunals Branch Telephone (06) 250 6351 Facsimile (06) 250 5904

— 171 Program Reports

Interpreters for Aboriginal people in Court

Relevant Royal Commission Recommendations

96, 97, 99 and 100

Agency/Department responsible

A ttorney-G eneral ’ s D epartm ent

Description of Program

T he program p rovid es adm inistrative support to the cross-cultural aw areness

program for the judiciary, and the court interpreters program.

Implementation in 1992-93

T he program provided adm inistrative support and reported to the D epartm ent and the G overnm ent on the status o f the program s. It also helped d ev elo p a netw ork o f A boriginal, Torres Strait Islander and n on -in d igen ou s p eo p le and organisations. M edia releases and aw areness program s w ere provided to ensure that the tw o

program s m aintained a high profile.

Outcomes

A m eetin g w as con ven ed in M elbourne, a p ilot cross-cultural aw areness w orkshop w as undertaken in Perth, and a p ilot court interpreter project w as com p leted in South Australia.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

T he program is run by tw o o fficers in the Courts and Tribunals Branch o f the Departm ent. T he m anager is an A b original o ffic er at the S en ior O fficer G rade B level. T he o fficers h ave con su lted ex ten siv e ly w ith A b original and Torres Strait

172 ---- Program Report,

Islander organisations, government departments and agencies and other non­ government bodies to ensure that the cross-cultural awareness and court interpret­ ers programs are implemented in accordance with the Recommendations of the Royal Commission.

Next stage of implementation: 1993-94 and beyond

The program will continue to provide administrative support for the cross-cultural awareness program for the judiciary and the court interpreters program.

Resources

1992-93 expenditure $100,000

Contact Officer

Mr John Williams-Mozley Courts and Tribunal Branch Telephone (06) 250 6351 Facsimile (06) 250 5904

— 1 7 3 Program Reports

National Aboriginal and Torres Strait Islander Legal Field Officer Training Course

Relevant Royal Commission Recommendations

106 and 212

Agency/Department responsible

The Aboriginal and Torres Strait Islander Social Justice Commission, within the Human Rights and Equal Opportunity Commission

Description of program

The program involved the development of a national curriculum for an accredited para-professional training program for Aboriginal and Torres Strait Islander Legal Service field officers and other para-legal workers. The Royal Commission found that Aboriginal peoples and Torres Strait Islanders are frequently unaware of their rights and how to assert them through the use of anti-discrimination legislation. The Royal Commission emphasised the importance of legislation, not only in

addressing individual abuses, but in challenging wider institutional practices and providing greater social justice for indigenous people. The Aboriginal and Torres Strait Islander legal services are the major providers of legal services to Aboriginal and Torres Strait Islander communities. However, no professionally accredited training is available for their field officers. Training is critical to assist Aboriginal legal service field officers, office managers and professional staff in applying human rights standards to all legal defence work and civil litigation, in making more effective submissions on necessary national and local law reform, as well as in advising on the use of anti-discrimination legislation.

Implementation in 1992-93

There has been a delay in implementing the Recommendations. However, efforts have been made to stimulate co-operation and information sharing by providing a draft background and course proposal for the program to all Aboriginal and Torres Strait Islander legal services around Australia.

1 7 4 — Program Report»

Outcomes

A draft program proposal has been circulated. Negotiations with the National Aboriginal and Islander Legal Services Secretariat and other relevant organisations are continuing.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

This training program will aim to provide Aboriginal peoples and Torres Strait Islanders with the professional knowledge and skills to deliver an effective legal service. Aboriginal and Torres Strait Islander community representatives and legal services will be involved at all stages of curriculum development and delivery.

Development of the curriculum has proceeded in consultation with Aboriginal and Torres Strait Islander communities and legal services nationally. Additional input should be sought from DEBT, ATSIC, academics (predominantly Aboriginal or Torres Strait Islander), representatives from the State Aboriginal Education

Consultative Groups and/or National Aboriginal and Torres Strait Islander Media Association, as well as Aboriginal and Torres Strait Islander law students or higher education students involved in alternative learning and teaching programs for Aboriginal and/or Torres Strait Islander students.

Next stage of implementation: 1993-94 and beyond

The Social Justice Commissioner has proposed a national steering committee involving representatives of the Social Justice Unit, the National Aboriginal and Islander Legal Services Secretariat, ATSIC and the Department of Employment, Education and Training. Its first task is to develop a tender document to go to

Aboriginal and Torres Strait Islander-controlled higher learning institutions, inviting them to put forward proposals to develop a curriculum at the direction of the Steering Committee. In this way, the training program would be in the hands of organisations which specialise in education and training, and are in a position to

develop a document in line with standards necessary for accreditation.

Projected outcomes are:

• to ensure that staff of indigenous legal services are able to inform Aboriginal and Torres Strait Islander communities about the legal system, their rights and the legislative remedies available to combat discrimination including

— 1 7 5 Program Reports

indirect discrimination, and to encourage use of these mechanisms;

to encourage closer contact between staff of Aboriginal and Torres Strait Islander legal services and the communities they serve; and

to provide an educational forum for legal workers of Aboriginal and Torres Strait Islander legal services in relation to indigenous human rights issues in the national and international context.

Funding in 1993-94 $0.25m

Resources

1992-93 expenditure $3,000

Contact Officers

Ms Cara Seymour, Mr Len Wilder Aboriginal and Torres Strait Islander Social Justice Commission Telephone (02) 229 7758 Facsimile (02) 229 7715

176 — Program Report»

National Aboriginal and Torres Strait Islander community education package (previously called Community Education and Training Program)

Relevant Royal Commission Recommendation

211

Agency/Department responsible

The Aboriginal and Torres Strait Islander Social Justice Commission, within the Human Rights and Equal Opportunity Commission

Description of program

The program is developing a package training program for Aboriginal and Torres Strait Islander community workers. The package will be designed to advise on strategies for achieving the best and least traumatic resolution of community conflicts involving human rights. It is apparent that the extent of discrimination experienced by Aboriginal peoples and Torres Strait Islanders is not reflected in

their use of anti-discrimination legislation. There is evidence that Aboriginal peoples and Torres Strait Islanders have difficulties accessing the legislation, or lack awareness and understanding of the legislation and its remedies and of other strategies, services and mechanisms which may be available to protect or redress

their rights. Information will be provided primarily to inform Aboriginal peoples and Torres Strait Islanders about their rights. It will also help to establish community standards for human rights as defined by the international instruments to which Australia is a party.

Implementation in 1992-93

A pilot project has been completed in Queensland, and work has begun on producing a package for national use. The package aims to:

♦ inform Aboriginal peoples and Torres Strait Islanders about their rights and the protection available under anti-discrimination and other legislation;

Program Report»--- 1 7 7

• divert Aboriginal and Torres Strait Islander people from custody;

• enable Aboriginal and Torres Strait Islander communities to establish and protect community standards for their human rights; and

• empower Aboriginal peoples and Torres Strait Islanders to solve community relations problems at the local level through an understanding and assertion of their rights.

It is envisaged that the program will cover State and Commonwealth human rights and anti-discrimination legislation, relevant sections of criminal and civil law, government and non-government agencies, and other strategies and mechanisms for achieving resolution of human rights and other community relations problems.

Outcomes

completion of community education pilot project; and

planning commenced for a national community education package.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Human Rights and Equal Opportunity Commission's officers have begun to work with State anti-discrimination agencies to discuss delivering the program. It is envisaged that Aboriginal and Torres Strait Islander organisations will be involved in all stages o f program development and delivery when the program is extended to the other States.

Anti-discrimination agencies and Aboriginal and Torres Strait Islander organisations will also be responsible for disseminating the information. The Commissioner will ensure that Aboriginal and Torres Strait Islander organisations which deal with issues of relevance to women and youth will be involved in developing the package.

Next stage of implementation: 1993-94 and beyond

The next step is to arrange for a series of workshops on issues in the Tracking Your Rights pilot project to be undertaken in Queensland.

I 7 8 Program Report»

The Social Justice Commissioner is aware that innovative solutions need to be found to effectively address community education of this kind. Further attention is being given to developing approaches which are culturally appropriate to the way in which Aboriginal and Torres Strait Islander people access information. They

will make use o f Aboriginal and Torres Strait Islander networks and processes to disseminate information and identify problems.

The Social Justice Commissioner plans to deal with issues of particular relevance to Aboriginal and Torres Strait Islander women and youth. This will involve liaising with the Sex Discrimination Commissioner to assess the relevance of and accessibility of complaint mechanisms under the Sex Discrimination Act 1984 for Aboriginal women and Torres S trait Islander women. In addition, attention will be

given to education strategies relating to issues of juvenile justice.

The Social Justice Commissioner will continue to liaise with ATSIC Regional Councils, anti-discrimination agencies and Aboriginal and Torres Strait Islander organisations around the nation. The program will be modified in accordance with the needs of Aboriginal peoples and Torres Strait Islanders in all States and Territories. A series of workshops will be organised through regional offices and

anti-discrimination agencies in each State.

Funding in 1993-94 is $290,000.

Resources

Expenditure in 1992-1993 $3,000

Contact Officers

Mr Len W ilder Aboriginal and Torres Strait Islander Social Justice Commission Telephone (02) 229 7756 Facsimile (02) 229 7715

Ms Alexandra Pitsis Aboriginal and Torres Strait Islander Social Justice Commission Telephone (02) 229 7758 Facsimile (02) 229 7715

Program Reports----- 1 7 9

Accession to First Optional Protocol Declaration Under Article 22 of the Convention Against Torture

Relevant Royal Commission Recommendation

333

Agency/Department responsible

Attorney-General’s Department

Implementation in 1992-93

On 28 January 1993 Australia lodged declarations with the United Nations under the following Articles:

• Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination — [the declaration under this Article recognises the compe­ tence of the Committee on the Elimination of Racial Discrimination to receive and consider communications from individuals relating to com­

plaints of racial discrimination];

• Article 22 of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (the Torture Convention) — [the declaration under this Article enables the Committee Against Torture to receive and consider individual complaints relating to breaches of the Torture Convention];

• Article 41 of the International Covenant on Civil and Political Rights — [the declaration under this Article permits the Human Rights Committee to consider communications by other State Parties who allege that the declaring State Party has violated the Covenant. Such communications can only be made by a State Party which has itself made the same declaration];

1 8 0 — Program Report»

Article 21 of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment — [the declaration under this Article permits the Committee Against Torture to consider communications by other State Parties who allege that the declaring State Party has violated the

Convention. Such communications can only be made by a State Party which has itself made the same declaration].

Outcomes

Australia became a party to the First Optional Protocol to the International Covenant on Civil and Political Rights on 25 September 1991. The Protocol came into force for Australia on 25 December 1991. To date, the Australian Government has been officially notified of six communications to the United Nations under the Protocol. The Human Rights Committee has declared three of these inadmissible.

One communication has been declared admissible and the merits of that communication are being considered. The admissibility of the final two complaints is being considered.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

Implementation of this Recommendation has received extensive support from Aboriginal and Torres Strait Islander community groups and their involvement in monitoring its application will continue to be sought. Discussion groups have

reflected a significant interest in this Recommendation by women from Aboriginal and Torres Strait Islander communities.

Resources

1992-93 expenditure $217,151

Contact Officer

Ms Carolyn Adams Human Rights Branch Telephone (06) 250 5678 Facsimile (06) 250 5911

Program Reports — 1 8 1

National Survey of Aboriginal people and Torres Strait Islanders

Relevant Royal Commission Recommendations

49

Agency/Department responsible

Australian Bureau of Statistics

Description of program

The Australian Bureau of Statistics will conduct a national survey of Aboriginal peoples and Torres Strait Islanders in the first half of 1994. The survey will provide Aboriginal peoples and Torres Strait Islanders and Commonwealth, State and Territory agencies with a range of statistics on social and economic well-being issues. They will cover health, housing, employment, education and training, family and household characteristics and access to, and use of, community services. The survey will help indigenous Australians to make informed decisions which can contribute to the objectives of empowerment and self-determination.

Implementation in 1992-93

During 1992-93 the Bureau has consulted Aboriginal and Torres Strait Islander organisations, State and Commonwealth government agencies and research or­ ganisations to determine the highest priority statistical information that can reasonably be obtained in a national sample survey of the Aboriginal and Torres

Strait Islander populations. Through letters, a widely circulated newsletter and videos distributed to the indigenous media, it has also informed members of the Aboriginal and Torres Strait Islander communities about the design of the survey and its conduct in 1994.

A Survey Advisory Committee chaired by ATSIC Commissioner Charles Jackson comprises representatives of ATSIC, Aboriginal and Torres Strait Islander organi­ sations and State and Commonwealth Government agencies. Its role is to advise the

1 8 2 ---- Program Report,

Bureau on priorities of topics proposed for the survey and on cultural issues relevant to the survey methodology. The Committee is supported by five technical reference groups representing expertise in areas such as health, and employment and training. Many of the members of the committee and technical reference

groups are Aboriginal or Torres Strait Islander people. The committee first met on 25 September 1990 and met four times in 1992-93.

A large-scale test of the survey content and methodology was conducted in July 1993. The methodology incorporates a sample design based on the distribution of Aboriginal peoples and Torres Strait Islanders throughout the country as measured in the 1991 Census, and the employment and training of indigenous people

wherever possible to collect the survey information.

Outcomes

Survey results will be available in late 1994.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Australian Bureau of Statistics consulted widely in the design and develop­ ment of the survey including direct approaches to all Aboriginal and Torres Strait Islander organisations that are likely to have an interest in the survey results. In addition the Survey Advisory Committee that advises the Bureau on priorities

comprises representatives of ATSIC, Aboriginal and Torres Strait Islander organi­ sations and State and Commonwealth agencies.

Next stage of implementation: 1993-94 and beyond

The principal activities to be conducted in 1993-94 and beyond are:

July 1993 November 1993 April-June 1993

December 1994

pilot test of content and methodology trial conduct survey first survey results likely to be available

Program Report»----- 1 8 3

Resources

1992-93 expenditure $500,000

Contact Officer

Mr Michael De Mamiel Population Surveys Branch Telephone (06)252 7371 Facsimile (06)252 6326

1 8 4 — Program Report»

Statistics and related research on Aboriginal deaths in custody bv the Australian Institute of Criminology

Relevant Royal Commission Recommendations

40-47

Agency/Department responsible

Australian Institute of Criminology

Description of the Program

The Australian Institute of Criminology monitors nationally all deaths in prison, police custody and juvenile detention. It also conducts related research which aids understanding of the causes of custodial deaths and the prevention of such deaths. Research is also undertaken into the extent and nature of police custody in

Australia.

Implementation in 1992-93

During the year, the Institute established close links with the State and Territory coroners and police, corrections, juvenile justice and juvenile welfare authorities. Data has been collected throughout the year on the deaths in custody which have occurred since the Royal Commission concluded its work .

Negotiations with custodial authorities and coroners have established a common approach to defining a death in custody in the terms recommended by the Royal Commission at Recommendations 6 and 41. As a result o f the negotiations, a uniform deaths in custody database has been established nationally.

Research into the deaths of juveniles in custody was completed during the year and the information disseminated through two research reports— one released in May 1993, and one soon after the year under review concluded. This research fills an important gap in the data which was developed and published by the Royal

Commission.

Program Report»--- 1 8 5

During the year, the Second National Police Custody Survey was conducted. Data collection for the survey took place during August 1992. Data was obtained on each person held in police cells anywhere in Australia during the month. The survey was conducted in conjunction with each of Australia’s eight State and Territory police

services. A preliminary report on the survey was released in March 1993.

Outcomes

A uniform deaths-in-custody database has been established as part of the Austral­ ian Institute of Criminology’s National Deaths in Custody Monitoring and Re­ search U nit’s work. From this database, three research reports were developed. They were widely disseminated during the year as part of a new publication series entitled Deaths in Custody Australia.

The first in the series vs as Australian Deaths in Custody 1990 and 1991. Itprovided information on custodial deaths from the period covered by the Royal Commission to 31 December 1991. The second paper, National Police Custody Survey 1992: Preliminary Report, was published in March 1993. It provided new information on

the extent and nature of the people in police custody, focusing particularly on the heavy over-representation of indigenous people in custody. The third paper, Deaths in Juvenile Detention 1980-1992, was published in May 1993. Itprovided, for the first time, details on a topic which did not receive close attention during the research conducted by the Royal Commission. A common approach to collection of data concerning police and prison custody has now been established. The primary benefit is consistency in statistics. During the year, substantial advances were also made in the development of uniform statistics relating to people in juvenile detention including, for the first time, national data identifying Aboriginal and non-Aboriginal people separately. Torres Strait Island­ ers are not identified in that data collection, because most of the States and Territories do not make such data available.

Access and equity policy objectives are achieved through the regular production of statistics and other research information on the nature of the custodial populations and information on people who have died in custody. The data demonstrates the extremely high level of over-representation of indigenous women and young people in custody. It provides information to planners and the public which (along with other uses) helps evaluate how effectively relevant Royal Commission Recommendations are being implemented.

1 86 ---- Program Report!

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

Both the monitoring of deaths in custody and the conduct of research into people in custody is done on a co-operative basis. Those involved in the provision of data include corrections, police and juvenile justice agencies, along with the State and Territory coroners. Copies of all research reports emanating from this program are

distributed to Aboriginal and Torres Strait Islander Legal Services, Aboriginal Health Services, through the ATSIC network and to a range of other community and government groups. Information is often obtained through indigenous and other organisations.

Next stage of implementation: 1993-94 and beyond

This program will continue within the work plan o f the Australian Institute of Criminology. Reports on deaths in custody will be issued each six months. National surveys of people in police custody will be conducted at regular intervals (two to four yearly) and information derived from these surveys will continue to be disseminated. The Institute’s work in collating and disseminating information on

the populations in prison and juvenile detention will continue. They will include details on the levels of over-representation of Aboriginal and Torres Strait Islander people in these custodial populations.

An annual report will be presented to the Commonwealth Parliament each year in accordance with Recommendation 41(b) and the Commonwealth’s response to Recommendation 47. It is included in this annual report as Part I of Volume 1.

Resources

1992-93 expenditure $211,000

Contact Officer

Mr David McDonald National Deaths in Custody Monitoring and Research Unit Telephone (06) 274 0200 Facsimile (06) 274 0201

— 1 8 7 Program Reports

Link-up Program

Relevant Royal Commission Recommendations

52 and 54

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

This program provides help to locate and reunite Aboriginal and Torres Strait Islander families who have lost contact with each other through policies of assimilation, and fostering and adoption.

It also provides the opportunity for Link-up researchers, counsellors and other workers to meet. By sharing skills, experience and knowledge, they can develop ways of overcoming common problems associated with locating missing family and community members.

Implementation in 1992-93

Funding was provided to the Northern Territory and all States, except South Australia (which receives State Government resources) for Link-up services and activities, either to discrete Link-up Services or through the Aboriginal and Islander Child Care Agencies.

Funding for projects in Victoria and Tasmania, and for reunions in Darwin, was supplemented from the ATSIC global allocation when resources were insufficient to meet demand. In Western Australia, Curtin University's Aboriginal Studies Unit was provided with funding to train Aboriginal and Torres Strait Islander families to undertake their own research.

1 88 ---- Program Reports

Outcomes

The additional funding enabled a more comprehensive service to be provided, including assistance in meeting reunion costs. Each organisation reported an increase in successful reunions and/or locations as a result of the additional resources.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

All funding is allocated to Aboriginal and Torres Strait Islander organisations, and ATSIC Regional Councils will monitor the implementation and performance of the Program. In W estern Australia, the Link-up Program was overseen by a local committee as well as the Regional Council.

Next stage of implementation: 1993-94 and beyond

Funding will continue, subject to reporting conditions and requirements, to support the work of link-up services in each of the States and the Northern Territory.

The ATSIC State Advisory Committee (Regional Council Chairpersons and Commissioners) in Western Australia has decided that a metropolitan-based service with Regional services consolidating through the Department of Commu­ nity Development and the metropolitan service would be appropriate. Regional

Councils are considering the feasibility of establishing local services .

Resources

1992-93 Royal Commission funding $420,000 1992-93 ATSIC program funding $177,800

Contact Officer

Ms Margaret Palmer Health and Community Development Branch Telephone (06)289 3164 Facsimile (06) 282 3601

Program Reports----- 1 8 9

Youth Bail Accommodation Program

Relevant Royal Commission Recommendations

62, 237,238

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

The program aims to reduce the rate at which young Aboriginal and Torres Strait Islander people are remanded in police custody or juvenile detention centres.

It is anticipated that fewer young people will be given custodial sentences if the courts and police are provided with an alternative in the form of bail accommoda­ tion and supervision.

The program was developed in response to representations made by an Aboriginal organisation during consultation with the Royal Commission into Aboriginal Deaths in Custody. It is envisaged that each State and Territory will be given the opportunity to develop at least one project which has the support of ATSIC

Commissioners, the local community, and the State/Territory judicial authorities. Such support is vital to ensure maximum use and effectiveness of projects which will be monitored at the regional level.

Total funding of $6.46m over five years is intended to provide capital funding to establish new projects in the first three years, with recurrent funding in subsequent years.

Implementation outcomes in 1992-93

Queensland The program was introduced nationally by funding of $755,000 to establish a best- practice model in Brisbane. The idea was that other States and Territories could

assess future submissions against this $755,000 model, known as the DB Walker Lodge.

1 9 0 ----- Program Report,

Established under the auspices of the Brisbane Tribal Council, an indigenous organisation, the D B W alker Lodge is a 25-bed youth bail hostel. Its aim is to provide suitable, culturally-appropriate accommodation and programs for young bailees in a facility predominantly staffed by Aboriginal and Torres Strait Islander

people.

Negotiations are continuing with the Queensland Department of Family Services and Aboriginal and Islander Affairs as well as other areas of the judiciary to ensure maximum use of the facility and its services. The project is monitored by ATSIC's Brisbane Regional Office.

New South Wales A capital grant of $25,000 was provided to the Jaapalpa Aboriginal Corporation to fund a bus to provide transport for residents of an existing bail hostel in Redfem.

Northern Territory A submission from the Central Australian Aboriginal Child Care Agency in Alice Springs has been supported by the ATSIC Regional Council, the Alice Springs community and Northern Territory Government. Existing infrastructure valued at $2m has been offered by the Northern Territory Government (with only minimal lease requirements) and refurbishment costs have been offered by Aboriginal Hostels Limited.

ATSIC has provided $471,500 for a project to provide accommodation and services for up to 40 qualified young bailees in 1993-94.

Outcomes

Establishment and operation of a pilot project providing youth bail accom­ modation;

provision of capital item to a Redfem (NSW) project

joint funding with the NT Government and Aboriginal Hostels Ltd of a youth bail accommodation facility in Alice Springs, NT.

— 1 9 1 Program Reports

Resources

1992-93 expenditure $ 1.25m

Contact Officer

Ms Margaret Palmer Health and Community Development Branch Telephone (06) 289 3164 Facsimile (06) 282 3601

192 — Program Report»

Police Training

Relevant Royal Commission Recommendations

288 and partially addresses Recommendations 6 0 -6 2 ,8 6 ,8 7 ,1 2 2 ,1 2 3 , 134 and 160

Agency/Department responsible

Australian Federal Police

Description of program

Principal objectives are:

• to modify and improve existing Australian Federal Police training courses on relations with Aboriginal peoples and Torres Strait Islanders; and

• to promote an exchange of ideas between various jurisdictions on police training on indigenous issues through a national conference.

Implementation in 1992-93

Program activities in 1992-93 included:

• one national cross-cultural awareness course;

• one national police/Aboriginal and Torres Strait Islander seminar on cross- cultural awareness training;

• additional cross-cultural awareness seminars and workshops in ACT Region as part of the cross-cultural training program;

• employment of an indigenous consultant on Aboriginal/police relations who assisted with the development, co-ordination and implementation of the AFP’s cross-cultural training program; and

Program Reports---- 1 9 3

co-ordination and assistance in the Police, Aboriginal and Torres Strait Islander Peoples’ National Conference in June 1993.

Outcomes

The cross-cultural awareness seminars and workshops of the Australian Federal Police are now established in its training program.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The First National Cross-cultural Course held in Melbourne in early June 1993 was formulated and presented by the Koori Research Centre, Monash University.

ACT Region cross-cultural seminars and workshops allow major input by ACT Aboriginal people through the standing Police/Aboriginal Liaison Committee arrangements.

Next stages of implementation: 1993-94 and beyond

Further development of the national cross-cultural awareness courses is awaiting final negotiation with ATSIC.

An Australian Federal Police member (ACT Region) is currently attending an ATSIC Middle Management Development Program which began in June 1993. Arrangements have been made for the member to undertake a three-month placement with the Indigenous Affairs Unit of the Department of Prime Minister and Cabinet, beginning early in 1994.

Eora College, of the NS W TAPE, is to deliver cross-cultural awareness courses for the AFP from July 1993. The college will continue to deliver courses until discussions between the Australian Federal Police and ATSIC on future delivery are finalised.

Further development o f the police cross-cultural awareness curriculum is being undertaken at the Australian Federal Police College, Barton, through in-service and new-member training.

1 9 4 ----- Program Rpnnrti

In the longer term, the Australian Federal Police intends to have implemented fully Recommendation 228 and related aspects of associated Recommendations so that there will be extensive application and awareness o f cross-cultural issues through­ out the force.

Resources

The Australian Federal Police has received approval to carry forward the remainder of its 1992-93 program funding. This will be applied to the expanded national courses component of cross-cultural awareness training.

Contact Officer

Mr J. Ireland General Policing Policies and Arrangements Division Telephone (06)287 0309 Facsimile (06) 257 7042

Program Report»---- 1 9 5

Replacement of Jervis Bav Police Station and cells

Relevant Royal Commission Recommendations

This initiative partially addresses Recommendations 139 and 148

Agency/Department responsible

Australian Federal Police

Description of program

The station services the Jervis Bay Territory which incorporates the Wreck Bay Aboriginal community.

Implementation in 1992-93

The objective was to replace the Jervis Bay police station and cells with a new complex which conformed to the Royal Commission Recommendations relating to proper physical and human standards of care for police custodial institutions.

Outcomes

The Jervis Bay police station complex is regarded as a model o f the application of the Royal Commission Recommendations.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The building design was discussed and approved by the chairman of the Wreck Bay Council before construction. Members of the Council attended the formal opening of the station by the Minister for Justice in April 1993.

1 96 ---- Program Reports

Next stage o f implementation: 1993-94 and beyond

Not applicable

Resources

1992-93 expenditure $650,000

Contact Officer

Mr Paul McIntosh Telephone (06) 2870356 Facsimile (06) 2577042

— 1 9 7 Program Reports

Aboriginal and Torres Strait Islander Land Acquisition and Land Management Programs

Relevant Royal Commission Recommendation

337 (a) to (c)

Department/Agency responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

Land acquisition funding is provided to Aboriginal and Torres Strait Islander organisations for the purchase of property, including land. Land management funding to these organisations provides financial assistance for the development and maintenance of their properties.

The Commonwealth has been involved in land acquisitions for Aboriginal peoples and Torres Strait Islanders since the early 1970s. First, through the Aboriginal Land Fund Commission, then the Aboriginal Development Commission and, since 1990, ATSIC. Purchases have been made in all States and the Northern Territory, and for a diversity of social, traditional and economic uses.

It is estimated that in the period 1972-73 to 1989-90, expenditure on land acquisition amounted to $60m in 1992-93 values or an average of about $3.3m per annum. In 1990-91 there was a sharp increase to $ 1.25m and 1991-92 expenditure was also well above the historical average at $9.7m.

Expenditure on complementary land management has been much smaller, but reliable time series estimates are not available.

Implementation in 1992-93

In 1992-93, a total of $ 17.1m was initially allocated to land acquisition— $6m as a result of the Commonwealth’s response to Recommendations of the Royal

1 9 8 ---- Program Report»

Commission. However, actual expenditure is estimated at $21.3m, because an additional $4.2m was transferred from savings within other ATSIC programs.

The expenditure on acquisitions was the highest on record. The additional Royal Commission funds of $6m accounted for 28 per cent o f total expenditure.

In 1992-93, 57 community organisations received funding for the purchase of 74 properties. Reflecting the varied needs of communities, there was great variation of size and function in the properties purchased. Approximately one-third of the properties were to be used for a wide range o f activities, such as broadcasting,

community centres, administrative offices and health and rehabilitation centres.

A full list of acquisitions made in 1992-93 is contained in Appendix 2, in Part Π of Volume 2 o f this Report.

Expenditure on complementary Land Management received a major boost as a result of the allocation of Royal Commission funds. O f a total of $6.39m spent on Land Management in 1992-93, $5.8m was made up o f Royal Commission funds.

Land management funds are used for a variety of purposes ranging from develop­ ment of pastoral properties to upgrading urban-based facilities. This enables them to be used with other ATSIC programs, in areas such as health, child care, broadcasting and community administration.

A full listing of projects funded under the land management sub-component in 1992-93 is contained in Appendix 3, in Part II of Volume 2 of this R eport

Outcomes

Land acquisition and land management projects funded are listed in Appendices 2 and 3, contained in Part II of Volume 2 of this Report.

In all cases, funding is provided to community organisations and benefits all members of those communities.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

A Portfolio Commissioners' Workshop was held in Darwin in March 1993 to consider draft strategic plans and guidelines for the land acquisition and manage-

Proeram Reports----- 1 9 9

ment programs. The papers were approved at a special Board meeting held in May 1993. Regional Councils have an advisory role on priorities for acquisitions. Priorities can be identified in Regional Plans.

Next stage of implementation: 1993-94 and beyond

The Land Acquisition component was separated from Land Management from 1 July 1993.

The next stages of implementation for land acquisition are:

• as far as possible aim to acquire land that helps improve economic opportu­ nities for Aboriginal peoples and Torres Strait Islanders;

• to complete a national Aboriginal and Torres Strait Islander Land Needs Statement; and

• to continue to develop a co-ordination strategy with the relevant State and Territory agencies.

There is to be a clearer distinction between land development and maintenance of properties.

A survey of rural properties owned by Aboriginal and Torres Strait Islander organisations, which will include an assessment of their development needs, is to commence in 1993-94.

Approximately $6m will be available from Royal Commission funds for land acquisition in each of the years 1993-94 to 1996-97. The amount allocated in 1993­ 94 is $6.073m. This is about 42 per cent of total funding allocated for land acquisition (including maintenance) for the 1993-94 financial year.

Total funds allocated for land management in 1993-94 is $8.73m, o f which $5.8m is Royal Commission funding.

2 0 0 ---- Program Report»

Resources

1992-93 expenditure land acquisition $21.3m land management $6.39m

Contact Officers

Land Acquisition & Management Program Ms Gail W right Commercial Branch Telephone (06) 289 3025 Facsimile (06) 285 3677

Program Reports----- 2 0 1

Aboriginal Rural Resources Program

Relevant Royal Commission Recommendations

300, 315, 316

Agency/Department responsible

Department of Primary Industries and Energy, Bureau of Resource Sciences

Description of Program

The Aboriginal Rural Resources Initiative is a national funding program. It funds projects which address Recommendations of the Royal Commission into Aborigi­ nal Deaths in Custody. It aims to improve opportunities for Aboriginal and Torres Strait Islander employment and income generation through rural resource use. The

program has four areas: agency employment, rural development, bush tucker and wild animal resources, and value adding.

This program has five key objectives:

• to improve Aboriginal and Torres Strait Islander economic and social development of rural resources;

• to improve indigenous industry development with rural resources;

• to provide advice on sustainable development of indigenous rural industries;

• to increase industry activities and the value of indigenous rural production; and

• to create links between remote Aboriginal and Torres Strait Islander people and the government agencies responsible for servicing rural industries.

2 0 2 ---- Program Report»

Implementation in 1992-93

In the first year of operation the program has provided scientific, technical and grant funding support to Aboriginal people and Torres Strait Islanders and their communities. The program has also contributed to the development of a rural industry strategy for Aboriginal peoples and Torres Strait Islanders.

Agency Employment Agency employment means the employment of Aboriginal and Torres Strait Islander people by any Commonwealth, State and/or Territory, statutory or indigenous agency or organisation with responsibility for land-use and manage­ ment. In 1992-93 the program supported 10 projects employing indigenous

Australians.

The Aboriginal Rural Resources Initiative Advisory Committee and program staff will review this element in 1993-94. A revised strategy for improving Aboriginal and Torres Strait Islander links with land management agencies will be developed and implemented.

Rural Development Rural development projects involve the development o f agricultural and livestock enterprises by indigenous people. Livestock activities are developed at the grass roots by communities and provide benefits for local economies, including:

• activities and employment for more Aboriginal and Torres Strait Islander people;

• improved self-esteem for workers and the community;

• role models for young people;

• jobs for young people;

• access to fresh meat at reasonable prices;

• a healthier diet;

• money being re-invested in the local economy; and

• reduced dependency on welfare payments.

In 1992-93,11 rural development projects were supported.

Program Reports ----- 2 0 3

Bush Tucker The bush tucker element supports projects which seek to develop and establish bush tucker activities. These involve the construction of traditionally designed fish traps and the development of methods of producing the bush tucker fruit, billy goat plum. This element o f the program is aimed mainly at women. Allocation of funds in 1992-93 was less than the funds available. However, steps are being taken to increase women’s participation. Indications are that more funds will be requested by and allocated to women in 1993-94.

This program is rare in that it supports and investigates opportunities for people in traditional production. In 1992-93 it supported two projects which are increasing available income and enhancing local production.

Wild Animal Resources There has always been a substantial number of requests from Aboriginal and Torres Strait Islanders for support in activities involving the use o f wild animals. The program supports projects where people or communities seek to utilise either native or feral animals to provide employment or to earn income. In 1992-93 the program supported six projects which ranged from the commercial use of feral pigs and kangaroos to the capture of feral camels for a developing industry.

TABLE 27

Summary of funds provided to Aboriginal Communities by element, total amount sought and the percentage of funds to each element

Activity Total $

provided

Total $ sought

% funds

Wild-animal resources 446 050 1 641 777 22.3

Rural development 1 044 252 2 921 080 52.2

Bush tucker 52 441 359 472 2.6

Agency employment 457 257 538 842 22.8

TOTAL 2 000 000 5 461 179 100

Aboriginal Rural Resources Initiative funds have employed 226 Aboriginal and Torres Strait Islander people in 29 communities. The breakdown o f projects supported by State or Territoiy is in Table 28 on the next page.

204 — Program Reports

TABLE 28

Projects supported by the Aboriginal Rural Resources Initiative by State and Territory in comparison with total number received

NSW/ ACT

Qld WA NT SA Vic Tas.

Number received 9 3 4 26 8 1 1

Number supported 8 1 3 11 6 0 0

June 1992 Performance Indicators In June 1992 the program identified key steps to fully implement the program. The status of those steps at June 30,1993 was:

• program strategic plan, guidelines and application forms developed and endorsed by clients — fully implemented;

• Program publicised to target group nationally — fully implemented;

• applications received and assessed and support provided to approved projects — fully implemented; and

• monitor and evaluate projects under way and undertake critical assessments of program areas to establish future opportunities and best practice — ongoing.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Aboriginal Rural Resources Initiative is derived from an earlier program which supported a limited number of land use and management activities. The program was heavily over-subscribed and its limited scope meant it was unable to support the diversity of activities for which Aboriginal and Torres Strait Islander

people were seeking assistance.

The program supports a broad range of Aboriginal and Torres Strait Islander land use and management projects through the provision of scientific and technical advice and grant funding. Projects must be submitted by Aboriginal and Torres Strait Islander people or their representatives.

Program Reports--- 2 0 5

Performance indicators for funded projects are developed by Aboriginal and Torres Strait Islander grantees. This ensures that program goals are realistic and achievable, which is part of the progress to self determination. Aboriginal women have helped to develop performance indicators and to monitor and evaluate projects.

A draft strategic plan has been prepared. It responds to the expressed desire of Aboriginal and Torres Strait Islander people to be involved in the use and management of rural resources. The plan was distributed to all ATSIC State and

Regional Offices, Land Councils and other Aboriginal organisations for advice on areas that were proposed for support. Several detailed responses were incorporated into a final version of the Strategic Plan 1992-93 to 1994-95.

An Advisory Committee composed predominantly of Aboriginal and Torres Strait Islander people has been formed to advise the Executive Director of the Bureau of Resource Sciences on projects seeking support from the program. This committee meets three times each year, twice to approve projects and once to discuss the direction and focus of the program. This latter meeting, which monitors the performance of the projects, allows the program to be directed towards more tangible outcomes.

Next stages of implementation: 1993-94 and beyond

At the end of the 1992-93 financial year the Aboriginal Rural Resources Initiative had been fully implemented. The program is currently accepting applications for support in the 1993-94 financial year. While the program is fully operational, additional activities addressed below are to be undertaken.

During 1993-94, the ARRI program will assess projects and rural industries that have been supported. The aim is to develop assessments for distribution to ATSIC and other Aboriginal and Torres Strait Islander organisations on the opportunities for increasing involvement in rural resource industries. The program will docu­ ment and collect information about rural industries to determine best practices. It will also target ways of assisting Aboriginal peoples and Torres Strait Islanders to develop their sustainable rural resource activities.

Consultation with clients will improve service delivery and identify areas where indigenous people require support.

2 0 6 ----- Program Bmnrh

Resources

1992-93 expenditure $2m

Contact Officer

Mr Andrew McNee Telephone (06) 272 4034 Facsimile (06) 2724896

A mid-term report on significant program activity will be available by 25 Decem­ ber 1993. Program evaluation will be completed by 1 April, 1994.

Program Reports----- 2 0 7

The Contract Employment Program for Aboriginals in Natural and Cultural Resource Management (Previously called Natural and Cultural Resources Management Program)

Relevant Royal Commission Recommendations

314,315 and 316

Agency/Department responsible

Australian Nature Conservation Agency

Description of program

The Contract Employment Program for Aboriginals in Natural and Cultural Resource Management was established in 1987 under the Aboriginal Employment Development Policy. Since 1987, the Australian Nature Conservation Agency has administered the program, which provides funds to government and non-govern­ ment agencies for the contractual employment of Aboriginal and Torres Strait Islander people in natural and cultural resource management on protected areas, Crown lands, or Aboriginal-held lands. There is also provision for funding

essential capital items.

Implementation in 1992-93

During 1992-93, a total of 1,991 Aboriginal and Torres Strait Islander people (1,316 men and 675 women) were employed on average for 14.9 days. Employ­ ment ranged from a large number of people employed for only one day through to full-time employment on contracts lasting up to one year. Most of the 185 projects funded in 1992-93 were directed through State and Territory agencies. However, 61 projects were conducted through direct funding to Aboriginal and Torres Strait Islander organisations. Projects involving natural resource management totalled

107; the remaining 78 were oriented towards cultural resource management.

208 ----- Program Reports

(Project details are contained in Appendix 4, entitled, Contract Employment Program for Aboriginals in Natural and Cultural Resource Management projects 1992-93, in Volume 2, Part II).

Outcomes

The Australian Nature Conservation Agency has been involved in negotiations with relevant Commonwealth, State and Territory agencies to develop long-term Aboriginal recruitment, training and career development strategies and comple­ mentary program funding agreements. The emphasis is on meeting the objectives

of the agencies and establishing basic standards and consistency between them. Care is taken to incorporate elements which are relevant to the particular State, Territory or locality.

In May 1992, the Australian Nature Conservation Agency developed and launched its own Aboriginal Recruitment, Training and Career Development Strategy, along with a funding agreement with the Department of Employment, Education and Training for the period 1992-93 to 1995-96. This package has been used as a model

to assist other Commonwealth, State and Territory agencies in developing their own strategies. (Appendix 5, Aboriginal and Torres Strait Islander Model for Consultadon, in Volume 2, Part II).

Funding agreements under contract employment program are being negotiated with the South Australian National Parks and W ildlife Service, the Western Australian Department of Conservation and Land Management, the Anangu Pitjantjatjara, the Wreck Bay Aboriginal Community Council, and the Great

Barrier Reef Marine Park Authority. On 26 August 1993 the first community funding agreement was signed with the W heatbelt Aboriginal Corporation.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

In 1992 all States and Territories conducted a series of regional reviews of the contract employment program. The main aim was to allow Aboriginal and Torres Strait Islander clients to comment on its effectiveness. The reviews were planned in consultation with the relevant Commonwealth, State and Territory agencies as

well as Aboriginal and Torres Strait Islander organisations. The reviews resulted in amendments to the general conditions, guidelines and administrative procedures to better suit the needs of the client groups.

Program Reports--- 2 0 9

There is significant involvement of Aboriginal and Torres Strait Islander people in the direction, delivery and administration of this program. The responsible Section has an Aboriginal person as its Director, the two project managers are Aboriginal. There is an Aboriginal education and interpretation officer, as well as two Aboriginal administrative assistants.

The Section emphasises direct involvement with Aboriginal and Torres Strait Islander contractors and clients. Consultation takes place through field assess­ ments, and availability o f Australian Nature Conservation Agency staff to visit, consult with and attend meetings with Aboriginal and Torres Strait Islander individuals, organisations and agencies.

The Australian Nature Conservation Agency is developing long-term funding agreements under the contract employment program with two Aboriginal community organisations— the Wheatbelt Aboriginal Corporation, of Western Australia, and the Wreck Bay Aboriginal Community Council. These organisations have devel­ oped community plans which address their land and marine management needs. The agreements commit program funds over three years to enable the two organisations to participate in nature conservation and cultural heritage manage­ ment projects.

With these models in place, more agreements will be developed, contributing to self-determination and economic independence. The W heatbelt Aboriginal Corporation agreement was signed on 26 August 1993; the Wreck Bay agreement

is yet to be formalised.

Next stage of implementation: 1993-94 and beyond

Fifty-four new projects have been approved under the contract employment program for 1993-94. That makes a total of 218 projects, including those approved the previous year. $3.5m has been committed of the total $3.8m allocation for 1993-94. The remaining monies allow for a second round o f applications

commencing in January 1994.

Aboriginal recruitment, training and career development strategies are in place in South Australia, Western Australia, Victoria and NSW. The Queensland Depart­ ment of Environment and Heritage and the Great Barrier Reef Marine Park Authority are developing their stategies.

2 1 0 ----- Program Report»

Draft funding agreements are being developed with Anangu Pitjantjatjara, the Department o f Conservation and Natural Resources in Victoria, and the Depart­ ment of Conservation and Land Management in W estern Australia.

Continued funding for the contract employment program is subject to a review of the Aboriginal Employment Development Policy in 1994-95. It is anticipated that Royal Commission funding will continue until 1996-97. The contract employment program operated with an annual grants program of $1.9m from the Aboriginal Employment Development Policy until the implementation of the Royal Commission

Recommendations at the beginning of the 1992-93 financial year.

Additional implementation

A structure for a National Aboriginal and Torres Strait Islander Cultural Heritage Council has been proposed by the Director of the Aboriginal Programs Section of the Australian Nature Conservation Agency. The structure was developed during the Contract Employment Program for Aboriginals in Natural and Cultural Resource Management Review by Aboriginal and Torres Strait Islander people

and representatives of agencies involved in contract employment projects since 1987. The model needs to be developed further before it can fully implemented. (See Appendix 5, Volume 2, Part Π).

The contributions of the Australian Nature Conservation Agency to the Interna­ tional Year o f the World's Indigenous People included a national conference on indigenous land and marine management practices, called Keeping the Community Alive, in Canberra from 22-26 November 1993; and publication of case studies of

contract employment program projects. ANCA also presented a paper focussing on Kakadu National Park at a workshop on community-based conservation at Airlie, Virginia, in the United States in October 1993.

Resources

1992-93 expenditure $3.76m

Contact Officer

Mrs Kim Orchard Telephone (06) 250 0326 Facsimile (06) 250 0735

Program Reports----- 21 1

Arts, pastoral and tourism industries development strategies

Relevant Royal Commission Recommendations

300,3 0 4 ,3 0 8 ,3 1 1 , and 312

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

This program aims to maximise opportunities for Aboriginal peoples and Torres Strait Islanders and communities through increased participation in the arts, pastoral and tourism industries. It aims also to link Commonwealth, State and Territory agencies and key industry groups with a view to increasing Aboriginal and Torres Strait Islander access to advisory services.

Implementation in 1992-93

ATSIC initiated the development of comprehensive industry strategies aimed at providing a national framework for the long-term development of Aboriginal and Torres Strait Islander participation in the arts, tourism and pastoral industries. It set up three industry advisory committees under Section 13 of the Aboriginal and Torres Strait Islander Commission Act 1989, each chaired by an ATSIC Commissioner and comprising representatives from the Commonwealth depart­ ment responsible for the industry, State or Territory governments and major industry groups.

Each Industry Advisory Committee developed an industry strategy and established criteria for ATSIC funding of community-based income-generating pilot projects.

During 1992-93, $75,000 was provided for two tourism awareness workshops in Cairns for Aboriginal and Torres Strait Islander people. A tourism conference was hosted in Darwin with Aboriginal and Torres Strait Islander people participating

212 ---- Program Report.

from the Kimberley, the Northern Territory, north Queensland and the Torres Strait. ATSIC provided $40,000 towards the cost o f the conference.

The Central Land Council used $99,200 in 1992-93 to begin a pilot land assessment project under the rural industries strategy. The project will use up-to-date technol­ ogy to gather data to enable Aboriginal land owners in Central Australia to plan their land use. This project is expected to receive funding to 1995-96.

The terms of reference for the Arts Industry Advisory Committee were restricted initially to the visual arts, but the Committee's recommendation that the strategy be broadened to include all art forms was accepted by the ATSIC Board. Three working groups were therefore established to help develop an arts industry

strategy: visual arts, crafts and design; performing arts (music/dance/drama); and writing and publishing.

Outcomes

The outcomes for 1992-93 include:

Arts Industry Advisory Committee It has met twice; formed three working groups to address the visual arts, crafts and design, performing arts and writing and publishing; and developed terms of reference, objectives and guidelines for assessing pilot projects and an action plan

for developing the arts industry.

Tourism Industry Advisory Committee It has met three times; developed terms of reference and guidelines for assessing funding applications for pilot projects; sought strategy input from the public; offered consultancies to establish a national database of Aboriginal and Torres

Strait Islander participation in the tourism industry; and recommended that ATSIC fund pilot projects in Darwin and Cairns.

Rural Industries Advisory Committee: It has met twice; developed terms of reference for developing a national rural industries strategy and guidelines for assessing funding applications for pilot projects; developed an action plan which seeks to have a draft industry strategy prepared for consideration by the ATSIC Board by June 1994; and recommended

that ATSIC jointly fund a land assessment pilot project sponsored by the Central Land Council.

Program Reports---- 213

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Industry Advisory Committees and working groups include Aboriginal and Torres Strait Islander people as chairpersons and members. As part of the developmental process, workshops have allowed input from Aboriginal people and Torres Strait Islanders.

The Tourism Industry Advisory Committee sought input from all sectors of the Australian public into the development of a national tourism strategy. Responses have been received from Aboriginal and Torres Strait Islander people.

Next stage of implementation: 1993-94 and beyond

The development phase of the three industry strategies is expected to be completed by mid 1994. Draft strategies will be put to the ATSIC Board for consideration. After that, Aboriginal people and Torres Strait Islanders, industry and government

will have an opportunity to consider and comment upon the implications.

ATSIC expects the long-term development of industry strategies to fall into three phases:

• development — with completion by mid 1994;

• implementation — years two to four— including funding a number of pilot projects against which the strategy may be tested; and

• evaluation— which is expected to commence in the fifth and final year of the program.

In 1993-94, $2.5m is available to develop the three industry strategies.

2 1 4 — Program Reports

Resources

1992-93 expenditure $394,097

Arts Industry Strategy

$

Administrative (committee/working groups) 29 069 Program (pilot projects) NIL

TOTAL 29 069

Rural Industries Strategy Administrative (committee/working groups) NIL Program (pilot projects) 196 500

TOTAL 196 500

Tourism Industry Strategy Administrative Committee/Working Groups) 27 851 Program (Pilot Projects) 141 487

TOTAL 169 338

Contact Officer

Mr Doug Pak Poy Industry Development Policy Section Telephone (06) 289 3056 Facsimile (06) 282 5027

Program Reports---- 215

Community Economic Initiatives Scheme

Relevant Royal Commission Recommendations

311 is wholly relevant to this initiative

300 and 312 are partially relevant to this initiative

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

The Community Economic Initiatives Scheme was developed in response to Recommendation 311. It recommends that the Commission ensure that in the administration o f its enterprise program a clear distinction be drawn between projects supported according to commercial viability and those that are supported according to social development or social service criteria.

The scheme is an economic development strategy of the Aboriginal Employment Development Policy. It aims to contribute directly to the economic growth of communities by supporting the establishment or development of income generat­ ing activities. All projects supported under the scheme must be consistent with the social and cultural aspirations of the community concerned, and be an integral part of a community development plan.

The scheme has the following major elements available to applicants:

• capital funding;

• recurrent cost subsidy;

• technical consultancy support; and

• training and wage subsidy.

2 1 6 ----- Program Reports

Implementation in 1992-93

The Community Economic Initiatives Scheme was developed and funded during 1992-93. Policies and guidelines were prepared in consultation with ATSIC staff, Regional Councils and community organisations. A clear distinction was drawn between projects to be supported by ATSIC according to potential for commercial

success, and those to be supported with Community Economic Initiatives Scheme funds according to economic, social and cultural criteria. The ATSIC Board endorsed the guidelines in November 1992. A brochure was distributed to ATSIC ’ s

Regional Offices and community organisations, and information workshops for ATSIC staff and Regional Councillors were conducted in State and Regional Offices during January, February and March 1993. The first round of program funding releases was undertaken in June 1993.

The scheme is administered nationally with the primary funding round for 1992-93 conducted between April and June. There was considerable interest, with more than half o f the 82 expressions of interest proceeding to a formal application. A co m m ittee o f fiv e C om m issioners ap p ra ise d a p p lic atio n s and m ade

recommendations for approval. Twenty-six projects were approved for funding and 10 were deferred to the next funding round to allow further development of their business plans. One project was approved for funding by the full Board of Commissioners in April.

Outcomes

As program funds were not released until June 1993, it is not possible to evaluate the outcomes of project activities at this stage.

The projects approved covered a range of income-generating activities that were able to demonstrate social and cultural as well as economic benefits. Several farming enterprises were supported, such as an emu farm near Kalgoorlie, operated by the Kurrawang Aboriginal Christian Community. It provides the community

with emu meat and employment opportunities, and attracts tourists through the retail of emu art and craft products. On Groote Eylandt the Mirringbarmga- Mikbamurra project extended a market garden to include the production of

heliconias for the domestic cut flower market.

The Aboriginal and Islander Alcohol Relief Service in Cairns was funded to extend the operations o f a rehabilitation farm on the Atherton Tableland to grow a range of cash crops and develop a lychee orchard. Deeral Aboriginal and Torres Strait

Program Report»----- 2 1 7

Islander Corporation received assistance to expand production o f artefacts and shoes for the tourist and domestic markets.

Other projects included community stores in Kalgoorlie, Geraldton and Cape Barren Island and tourism ventures in Broome, Derby, Rockhampton and the Torres Strait.

The following table represents total expenditure by States and Territories on approved projects and consultancies.

TABLE 29

Expenditure by States and Territories on approved projects and consultancies

Central Office 1 consultancy 5 000

NSW 1 project 298 934

Victoria 1 consultancy 4 000

Tasmania 1 project 27 250

South Australia 2 projects, 1 consultancy 356 825

Western Australia 12 projects, 1 consultancy 1009 215

Northern Territory 1 project 62 186

Queensland 6 projects, 3 consultancies 1 237 580

TO TA L: 23 projects, 7 consultancies 3 000 990

{The inf ormation contained in the table varies from that contained in a similar table which appeared in the Royal Commission interim report. The funds shown under Central Office expenditure in the interim report were not related to CEIS)

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Scheme encourages community organisations to initiate well-planned, in­ come-generating activities that are consistent with community social and cultural aspirations. Regional Councils are asked to comment on proposals in their regions on the basis of the priorities outlined in their regional plans.

Once proposals are approved, ATSIC and the community organisation concerned develop milestones and performance. This allows both parties to assess a project’s progress, and gives the client some control over implementation and monitoring.

2 1 8 — Program Report»

Next stage of implementation: 1993-94 and beyond

Application and assessment criteria are likely to remain unchanged. The commit­ tee of Portfolio Commissioners met in September and is expected to meet again in April to consider new applications for funding.

Projects approved in the first round during 1992-93 will be monitored by staff in ATSIC Regional Offices in line with the agreed milestones and performance indicators.

Over the next three years, the scheme will be developed in line with the Aboriginal Employment Development Policy economic development strategy, and Royal Commission Recommendations 300, 304, 312, 313 and, in particular, 311.

Resources

Projects approved $7.59m 1992-93 expenditure $3.0lm

Contact Officer

Ms K. E. Mow Economic Programs Branch Telephone (06) 289 8926 Facsimile (06) 285 3604

Program Reports — 2 1 9

fc

Community Development Employment Projects

Relevant Royal Commission Recommendations

3 0 0 ,3 0 4 ,3 1 7 ,3 1 8 and 319

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of program

The Community Development Employment Projects scheme is a job-creation program implemented by the Commonwealth Government. The scheme was introduced in 1977 as a response to an initiative proposed by Aboriginal people to help remote, isolated communities to develop an alternative to continued reliance on unemployment benefits.

In 198, the scheme was expanded to include Aboriginal and Torres Strait Islander communities living in rural and urban areas. It provides communities, or groups within communities, with the means employ community members to undertake community development activities designed and valued by the community or group.

In addition to providing alternative employment prospects, the scheme also provides Aboriginal and Torres Strait Islander communities with the opportunity to pursue community goals of self-management, acquisition of administrative and work skills, improvement of community economies, facilities and infrastructure, and the development o f outstations and homelands.

A significant number of communities has also been able to establish projects which generate additional income for the community.

To participate, unemployed members of a community or group elect to forego their entitlement to JOB SEARCH or NEW ST ART allowances. They undertake produc­ tive activity as part o f a workplan which has been developed by their community, in return for a wage at least equivalent to those entitlements.

220 ---- Program RranrU

Communities choosing to participate receive a grant from ATSIC comprising:

• wages — calculated on an average per participant rate adjusted twice annually in line with cost of living increases;

• recurrent— provided to assist communities meet administrative and other costs such as workers’ compensation, insurance and payroll tax; and

• capital — for the purchase of capital items and equipment.

Examples of activities include: arts and crafts, traditional culture, aged and child care, brickmaking, fencing, fishing, furniture making, market gardens, mechani­ cal, road works, tourism, administration, w omen’s projects, youth projects, parks and gardens, wood collection, garbage collection and pastoral activities.

Implementation in 1992-93

Royal Commission funding allowed the program to expand by 750 people in 1992­ 93, almost doubling the number of additional participants funded. Thirty-one projects were approved by the Commission in November 1992, with a projected 1,900 participants. Most projects began in late May or early June 1993. By 30 June

1993, 30 of the 31 projects had started, giving work to 1,649 people. The other project was due to start on 1 October 1993. In selecting projects for approval the Commissioners preferred those which had planned activities to address the social and economic issues confronting women and youth.

Projects approved in 1992-93 are shown in Table 30 (next page):

Program Reports — 2 2 1

TA B LE 30

CDEP projects in 1992-93

Region/CDEP/ STATE TOTAL

RCIADIC* participants

Total

participants

RCIADIC* funds ($)

SYDNEY 42 92 46 854

Tharawal LALC 14 30 6 565

La Perouse CDAC 14 32 20 595

Western Sydney CAC 14 30 19 694

LISMORE 45 100 140 611

Yam teen A &TSI Corp 22 50 82 042

Forster LALC 23 50 58 568

TAMWORTH 36 80 86 501

Quirindi AC 13 30 32438

Armidale Employ AC 9 20 21 625

Nanrabri LALC 14 30 32438

DUBBO 47 103 111 369

Boree A Corp 17 38 41088

Orana A Corp 30 65 70 282

BOURKE 41 90 97 313

Gundabooka A Corp 41 90 97 313

WAGGA 14 30 32 438

Erambi AC 14 30 32438

NSW TOTAL 225 495 5 1 5 0 8 6

MELBOURNE 88 193 48 978

Victorian ALS 19 41 5 277

Yangennanock AC 34 75 33 789

Central Gippsland AH & H 35 77 9911

VICTORIAN TOTAL 88 193 48 978

ROCKHAMPTON 78 172 163 836

Cherbourg Council 78 172 163 836

CAIRNS 30 65 21670

Kuku Djungan AC 17 38 12 891

Coen ADC 13 27 8 778

THURSDAY ISLAND 33 73 86 677

Muralag Tribal TSI Corp 33 73 86 677

OLD TOTAL 141 310 272 183

ADELAIDE 11 25 25 422

Ngarrindjeri LPA 11 25 25 422

NORTHERN AREAS 35 77 72 354

Whyalla Ab'l Community 35 77 72 354

SA TOTAL 4 6 1Q2 97 776

Continued next page

222 ---- Program Report»

PERTH Wheatbelt AC 45

45

100

100

75 945 75 945

KALGOORLIE Cosmo Newberry AC 18

18

39

39

45 170 45170

GERALDTON Yulella Fabrications AC 23 23 50

50

10 941

10 941

KUNUNURRA Joorook Ngami AC 23

46

50

100

64 315 147 122

Ngoonjuwah Council AC WA TOTAL· 23 122

50

289

82 807 2 7 9 1 7 9

DARWIN 23 50 59 368

Demed Ass. Inc. KATHERINE

23

50

50

110

59 368 130 609

Hodgson Downs C. Inc. 23 50 59 368

Jilkmingan Ass. Inc. TENNANT CREEK

27

45

60

100

71241

33 924

Julalikari Council AC NT TOTAL· 45 118

100

260

33 924 2 2 3 9 0 1

NATIONAL· TOTAL· 750 1649 1 4 3 7 1 0 3

♦Royal Commission into Aboriginal Deaths in Custody.

Outcomes

It is too early to assess the success of the 30 new projects. However, the 750 positions funded in response to the Royal Commission have been filled and the occupants have begun work. The transition from payment by the Department of Social Security to the scheme was well co-ordinated.

There are 217 communities in the CDEP Scheme, involving more than 22,000 people.

An important factor is the greater emphasis now on the development of employ­ ment activities for women. Most communities are now including child-care facilities in their work plans, and in a number of communities women have successfully introduced art and craft centres, sewing groups, and catering services.

Examples o f other areas of involvement for women include health services, education (for example, teacher aides), cleaning services, aged care and adminis­ trative positions.

Program Report»----- 2 2 3

CDEPs are initiated, controlled and managed by their own community organisa­ tions. The Regional Offices of ATSIC and elected Regional Councils looked at bids for new CDEPs and decided which ones were to be recommended to get CDEP first. The ATSIC Board o f Commissioners made the final decisions.

ATSIC Regional Offices monitor projects and determine the future allocations of capital and recurrent funds.

C o -o r d in a tio n , in c lu d in g in v o lv e m e n t o f A b o r ig in a l p e o p le s a n d T o r r e s S tr a it Isla n d e r s in im p le m e n ta tio n , m o n ito r in g a n d r e p o r tin g

Next stage of implementation: 1993-94 and beyond

Expansion of the scheme is continuing. In 1993-94,1,900 positions are available for new participants, of which 750 are in response to the Royal Commission. A further 750 such positions will be available in 1994-95.

During 1993-94, work opportunities in a wide range of activities will be investi­ gated. The nature of the work undertaken will, in the main, be determined by the location and economic environment of the project.

Community Training Program funds are allocated to all projects to enable communities to develop projects management skills.

Beyond 1993-94, the long-term direction of the projects will be determined by the participants. Many CDEPs will be included in community development plans, and the activities will reflect the priorities of the community and the participants. The nature of the activities undertaken will be monitored. Projects will be reviewed/ evaluated after three years.

Resources

1992-93 expenditure $ 1.44m

Contact Officer Mr Morrie Brown CDEP Administration Section Economic Programs Branch Telephone (06) 289 8942 Facsimile (06) 285 3604

2 2 4 ---- Program Report»

Inwork Traineeship Program (previously called Young People’s Employment Program)

Relevant Royal Commission Recommendations

23 6 ,2 3 7 ,3 0 0 and 304

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

This program is to improve the employment prospects of young Aboriginal and Torres Strait Islander people.

Implementation in 1992-93

The Inwork Traineeship Program was developed by ATSIC in 1992-93. Its development was based upon the Career Start Traineeship which is administered by the Department of Employment, Education and Training. $711,000 was allocated in 1992-93, of which $248,000 was expended. Inwork Co-ordinators were appointed in each of the mainland States. All trainees under the program are young people.

Difficulties quickly emerged, particularly in arranging training, developing a suitable curriculum and providing the teaching resources.

Eighteen trainees were appointed to 12 organisations in Victoria ($118,433). Thirty were appointed in South Australia through five organisations ($118,147). In the Northern Territory two trainees were appointed in Tennant Creek ($11,052).

Program Reports ■

i

All trainees are Aboriginal or Torres Strait Islanders, and employers are Aboriginal and Torres Strait Islander community-based organisations.

Next stage of implementation: 1993-94 and beyond

The funds for the InworkTraineeship Scheme are to be included in the Commission’s Regional Development and Planning Component. Funding will be provided to Regional Councils although they may not necessarily correlate to the location of trainees under the scheme. The decision to include the funding in Regional Council

budgets, rather than maintain it as a national program, could create administrative difficulties.

It was proposed that Inwork trainees would come under the Department of Employment, Education and Training's Career Start Traineeship. Given the nature of the target group and trainees’ locations, this will be difficult to achieve. It seems more likely that there may be an opportunity for Inwork funding to be used in conjunction with Career Start Traineeships. While it was projected that up to 600

trainees would be funded in 1993-94, the performance last year and the problems which have been encountered suggest that nothing like that figure will be achieved.

The difficulties which have emerged will have to addressed and workable alterna­ tive arrangements for the scheme developed if it, probably in a modified form, is to continue. Issues to be addressed include:

• whether Inwork should be a national or regional scheme;

• the remuneration of the trainees;

• the need for an overall increase in the flexibility o f the scheme to allow proposals to be developed for particular needs and circumstances;

" the need for Regional Councils, Regional Offices, Aboriginal and Torres Strait Islander organisations and others to develop innovative ideas for training/employment proposals which could be funded through In work; and

form of integration between Inwork and Department of Employment, Edu­ cation and Training schemes, including Career Start Traineeships and the Australian Vocational Certificate.

C o -o r d in a tio n , in c lu d in g in v o lv e m e n t o f A b o r ig in a l p e o p le s a n d

T o r r e s S tr a it Isla n d e r s in im p le m e n ta tio n , m o n ito r in g a n d r e p o r tin g

2 2 6 ---- Program Report»

Resources

1992-93 expenditure $248,000

Contact Officer

Mr Howard Patrick Economic Programs Branch Telephone (06) 289 8915 Facsimile (06) 285 3604

Program Reports----- 2 2 7

Young People’s Development Program

Relevant Royal Commission Recommendations

62, 236, 237,238

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

The Young People's Development Program aims to provide, in co-operation with States and Territories, projects to address the extreme disadvantage of young Aboriginal and Torres Strait Islander people. Such projects require the support and endorsement of ATSIC Regional Councils, full community consultation and are monitored for effectiveness at the regional level.

Of the total funding of $23m over five years, $2.15m was transferred to Aboriginal Hostels Limited to provide for immediate hostel accommodation, and the remain­ der, being ATSIC Regional allocations, are approved by the respective State Advisory Committees.

Implementation in 1992-93

Aboriginal Hostels Limited will spend the 1992-93 and 1993-94 capital funds on the following two projects:

Tennant Creek NT — 20-bed secondary student hostel Negotiations for acquiring land from the NT Government is almost complete. Design is complete and ready for tender. Construction should be completed early in 1994 at a cost of $950,000.

Kimberley WA — secondary student hostel Detailed research to establish parameters to construct a secondary student hostel in Kununurra or Derby is being undertaken during October 1993. The balance of

2 2 8 — Program Reports

funding — $550,000 — together with funds held by the company from proceeds of property sales, will be expended during 1994.

Outcomes

New South Wales!ACT From a total of $573,200, each ATSIC Regional Council was allocated $40,000 to fund projects in its region. Two projects were funded through the NSW State Office. Projects were supported by the ATSIC Board after community consulta­

tions. They were largely once-only, non-capital projects which encompassed a variety of activities which met the aims and objectives of both the program generally and Regional Plans.

In 1993-94 and beyond, Regional Councils will receive funding for additional projects which will be assessed against the program guidelines, performance of existing projects, and consistency with Regional Plans.

Northern Territory Distribution o f $480,000 was decided by the State Advisory Committee. Regional allocations were based on the need to supplement other community-based sport and recreation initiatives, and programs related to alcohol and drug abuse. Particular

support was given to projects which increased the involvement in community work by youth, and enhanced useable non-trade local skills.

The level of funding to other Regions in 1993-94 and beyond will be increased to maximise inter- and intra-community involvement in culturally appropriate activi­ ties aimed at enhancing the opportunities and lifestyles of youth.

Queensland Funding of $440,000 was distributed between five Regions based on submissions to ATSIC Regional Offices. A wide range of projects was funded including

establishment of two youth centres and four sports facilities, purchase of two vehicles and five lots of recreation equipment, employment of three youth workers in far north communities to develop joint funded programs with Shire Councils and six local training projects involving culture, music, art, after-school care and non­

alcohol sports events. All projects in 1992-93 were the result of once-only grants. Increased funding will be provided in 1993-94 and subsequent years for considera­ tion of similar projects and the maintenance of existing facilities.

Program Report» — 2 2 9

South Australia A consultancy established by the State Advisory Committee in consultation with the State Department of Aboriginal and Youth Affairs developed a Statewide co­ ordination strategy on youth issues. It recommended equal funding o f $32,000 to

six Regions from the total of $200,000. Four projects were funded to improve existing youth services facilities. Five organisations received assistance to send youth delegates to the Second World Indigenous Youth Conference in Darwin and a variety of projects provided information and training to youth through cultural and gender awareness, health, self-esteem and sporting activities.

The establishment of a consultancy to develop a strategy on youth issues has attracted broad interest and support from other service providers who agree on the benefits of a more co-ordinated approach. The final report on the strategy will enable Regional Councils to allocate grants under this program in 1993-94 and

beyond.

Tasmania In recognition of the International Year of the W orld’s Indigenous Peoples, the State allocation of $40,000 was administered by an Aboriginal-controlled organi­ sation. It assisted a delegation of 24 representatives to attend the Second World Indigenous Youth Conference in Darwin.

The experience and information disseminated has assisted with the initial develop­ ment of a local youth network to propose, co-ordinate and support a range of alternative youth programs in 1993-94 and beyond.

Victoria Two grants totalling $119,910 were made to Aboriginal organisations to provide sport and recreation programs. One project allowed a number of Koori sport and recreation co-ordinators to participate in a national sport and recreation conference. The bulk of the funding was granted to the Victorian Aboriginal Sport and Recreation Association which helped a youth delegation to participate in the Second World Indigenous Youth Conference. It also administered 28 recreation development projects aimed at sports, music and the arts.

Funding for 1993-94 and beyond will be distributed equally to ATSIC Regional Councils for consideration of projects which will provide culturally appropriate education, recreation, accommodation and employment programs for youth.

2 3 0 — Program Report»

Western Australia A State allocation of $559,900 was distributed equally between ATSIC Regional Councils to provide for the development of long-term strategies to address cross- regional youth issues through local, community-based programs. Grants have been made to support an extensive range of projects including: language and cultural research, counselling and employment services, sporting and musical equipment

and events, purchase of vehicles and minor capital items for youth centres, outreach and other social activities.

Resources

1992-93 expenditure $2.413m (ATSIC) $0.5m (Aboriginal Hostels Ltd)

Contact Officer

Ms Margaret Palmer Community and Youth Support Telephone (06)289 3164 Facsimile (06) 282 3601

Program Report» —— 231

Young Person’s Sport and Recreation Development Program

Relevant Royal Commission Recommendations

62, 210, 236-238

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

The program aims to provide, through sport and recreation State and Territory grants, the positive development of Aboriginal peoples and Torres Strait Islanders, with emphasis on youth. Up to 38 development officers will be employed in strategic locations around Australia to develop and promote sport and recreation

programs for young people. In partnership with the Australian Sports Commission, joint-responsibility agreements have been entered into with States and Territories on co-funding arrangements, project objectives and evaluation procedures after

two years of program delivery.

Total funding of $8.36m over five years is intended to provide consistent yearly grants to States and Territories. The allocations were approved by the ATSIC Board following extensive consultation with relevant State/Territory agencies.

Implementation in 1992-93

Australian C apital T erritory The project, including the filling of a part-time ACT position and the appointment of an ACT Government sport and recreation officer, began in 1992-93. A grant of $16,862 was made to fund costs associated with the purchase of minor capital items and recruitment. The project will be fully established in early 1993-94, including program design and delivery.

232 — Program Report»

New South Wales The NSW Department of Sport, Recreation and Racing began recruitment in 1992­ 93, using a grant of $90,520. Up to four positions will be filled by selection panels representative of that Department, ATSIC Regional Councils and Aboriginal and

Torres Strait Islander organisations.

Appointment of an Aboriginal sports co-ordinator and the Aboriginal Sports Development Officers will be followed, in 1993-94 and beyond, by in-service training, finalisation of program design, delivery and implementation.

Northern Territory The bulk of a grant o f $146,512 was released to employ two people as sport and recreation development officers, one in Darwin and one in Tennant Creek. Their job will be to help develop community sport competitions, festivals and other

special events under the program. An Aboriginal Sport and Recreation Corporation in Alice Springs was funded to assist 40 people to compete in sporting events at the local Barunga Festival.

In 1993-94 and beyond, there are plans for two more Development Officer positions in the other major communities of Alice Springs and Katherine to help develop and co-ordinate sport and recreation activities aimed at the positive

development of local youth.

Queensland Negotiations have taken place between ATSIC and the Department of Sport, Tourism and Racing with a view to the appointment of up to five Aboriginal or Torres Strait Islander development officers. Following endorsement by ATSIC

Zone Commissioners, 1992-93 funding of $89,500 was released for the purchase of four vehicles for use with the project. In 1993-94 and beyond, the officers will be recruited and trained to work directly with Aboriginal and Torres Strait Islander communities.

South Australia In consultation with the South Australian Government and the South Australian Aboriginal Sports and Recreation Association, a grant of $146,512 was used to employ two Aboriginal development officers. In collaboration with counterparts

within the Division of Recreation, Sport and Racing these officers will identify needs within the community for sports and recreation programs, facilities and training. They will help improve access to new and existing programs through direct contact, effective dissemination of information, and contributions to the

development of sports policy and planning.

Program Report» — 2 3 3

In 1993-94 and beyond, community-controlled or based indigenous organisations will be directly involved in developing a statewide Sport and Recreation Manage­ ment Plan with initial emphasis on an inventory of human and physical resources available to Aboriginal communities.

Tasmania Negotiations have taken place with the State Department of Sport, Recreation and Tourism as well as Aboriginal organisations and communities to employ appropri­ ate people as development officers to assist communities in promoting sport and recreation. In 1993-94 and beyond, the program will be fully implemented.

Victoria A grant of $146,512 was made to the State Department of Sport, Recreation and Tourism to employ five Koori youths as part-time sport and recreation workers based at various government offices across the State. The locations were estab­

lished following a State-wide needs analysis which included consultation with Aboriginal and Torres Strait Islander organisations. The youths will assist in the promotion of youth activities and the development of community-based projects

under the program. In 1993-94 and beyond, arrangements with the State will be revised to convert part-time positions to full-time ones following a satisfactory review after two years.

Western Australia A State grant of $146,512 was made available for the recruitment of three Aboriginal sport and recreation officers who will train and resource young Aboriginal and Torres Strait Islander people and community organisations for sport and recreation activities. In 1993-94 and beyond, the number of positions will be increased and the employees will continue to work closely with the State Ministry of Sport and Recreation, ATSIC Regional Councils, local government, Aboriginal Education Consultative Groups, Community Councils and other relevant organisations. An Aboriginal Sport and Recreation Foundation has been estab­ lished to monitor and oversee projects under the program.

Contact Officer

Ms Margaret Palmer Community and Youth Support Telephone (06) 289 3164 Facsimile (06) 282 3601

2 3 4 —

Aboriginal and Torres Strait Islander Education Workers

Relevant Royal Commission Recommendations 72 and 297 *

Agency/Department responsible

Department o f Employment, Education and Training

Description of Program

While this is primarily a State or Territory responsibility, the Department will fund additional Aboriginal Education Workers under the Aboriginal Education Strate­ gic Initiatives Program.

The objectives of the program are to increase funds for employment of registered Aboriginal and Torres Strait Islander Education Workers in schools with indig­ enous students, and to increase the total number from 800 to 1,000 by 1996-97.

Implementation in 1992-93

Bids for additional funding have been identified in 1993 operational plans for State and Territory government schools and non-government schools. The bids ex­ ceeded the budget allocation by approximately 25 per cent; 11 funding for this

program has been allocated for 1993.

DEBT has granted $79,000 to the Australian Teachers ’ Union to research the terms and conditions of employment for Aboriginal education workers.

Research into the conditions of employment has been completed in all locations except the Northern Territory and Torres Strait. A draft report has been presented to the steering committee. It is anticipated that the report will be endorsed by the steering committee and presented to the Department for formal presentation to the

Minister for Employment, Education and Training.

Program Reports----- 2 3 5

O u tc o m e s

There were no funds for additional Aboriginal education workers in 1992, but an estimated 75 were expected to be employed in 1993. Actual outcomes for 1993 expenditure will be available in February 1994.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The terms and conditions o f funding require that operational plans be developed in consultation with the local Aboriginal and Torres Strait Islander community, and that there is Aboriginal and Torres Strait Islander involvement in the implementa­ tion and monitoring of the employment o f Aboriginal education workers. Recipi­ ents are required to report twice annually on expenditure, and annually on the educational outcomes of the agreed initiatives.

Next stages of implementation: 1993-94 and beyond

Recipients are required to report on expenditure of Aboriginal Education Strategic Initiatives Program funds in the first six months o f 1993 by 22 August 1993 and funding for 1994 and 1995 will be allocated nationally before December 1993.

Funding for 1996-97 will be allocated for the third National Aboriginal andTorres Strait Islander Education Policy triennium.

Resources

$ 1.017m was spent at 30 June 1993 from $2.467m allocated for 1993.

Contact Officer

Ms Julia Forrest Post-compulsory and Aboriginal Education Branch Telephone (06) 276 7941 Facsimile (06)276 7667

2 3 6 — Program Reports

Pre-School Programs

Relevant Royal Commission Recommendation

289

Agency/Department responsible

Department of Employment, Education and Training

Description of the program

The aim of the program is to expand pre- school services by providing an additional 600 places for Aboriginal and Torres Strait Islander children.

Implementation in 1992-93

The Commonwealth has allocated $10m over four years from 1993-94 to increase the number of pre-school places by 600. Education providers have been invited to include funding bids for additional pre-school places in their Aboriginal Education Strategic Initiatives Program operational plans.

A pre-school study is being undertaken to determine the extent of current provision. Negotiations with government and non-govemment pre-school education provid­ ers for additional funding to implement this Recommendation are under way. High need areas have been identified by analysis of data, including program and Census

data.

A listing of national priority areas has been circulated and organisations have been invited to submit funding proposals.

Funding of additional pre-school places will begin in the first half of 1994.

Program Reports — 2 3 7

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

All education providers are required to develop operational plans in consultation with the local Aboriginal and Torres Strait Islander community. Aboriginal and Torres Strait Islander involvement in the implementation and monitoring of initiatives funded under this program, including funding for expansion o f pre­ school services, is one o f the terms and conditions under which funding is allocated.

Recipients are required to report twice annually on the expenditure o f program funds, and annually on the educational outcomes of the agreed initiatives.

Next stages of implementation: 1993 and beyond

During the next year, funding will be allocated nationally for 1994 and 1995 to education providers who have requested funding for additional preschool places.

Funding is available over the period 1993-94 to 1996-97, as part of Aboriginal Education Strategic Initiatives Program funding for the third National Aboriginal and Torres Strait Islander Education Policy triennium.

Resources

1992-93 no expenditure $10m from 1994

Contact Officer

Mr Athol Prior Post-compulsory and Aboriginal Education Branch Telephone (06)276 8865 Facsimile (06) 276 7667

2 3 8 ---- Program Report»

Report of the Aboriginal and Torres Strait Islander Social Justice Commissioner (formerly called State of the Nation Report on Social Justice Issues)

Relevant Royal Commission Recommendations

1 ,2 1 1 ,2 1 2 ,3 3 9

Agency/Department responsible

The Aboriginal and Torres Strait Islander Social Justice Commission in the Human Rights and Equal Opportunity Commission

Description of Program

A report by the Aboriginal and Torres Strait Islander Social Justice Commissioner on the human rights situation of Aboriginal peoples and Torres Strait Islanders is to be produced annually, and will be tabled in Parliament by the Attorney-General.

Implementation in 1992-93

The Aboriginal and Torres Strait Islander Social Justice Commissioner, Michael Dodson, took up his appointment on 26 April 1993. His first Report was largely aspirational: documenting the work of the Commissioner and the unit so far, defining the terms of reference for future reports as well as presenting objectives.

The work of the unit has been severely hampered by a level o f resources considered inadequate to allow the unit to perform reasonably the legislative requirements of the Social Justice Commissioner.

Program Report»----- 2 3 9

O u tc o m e s

The first Report aims to:

• inform Aboriginal peoples and Torres Strait Islanders o f the role, functions and powers o f the Aboriginal and Torres Strait Islander Social Justice Commissioner;

• bring important aspects o f the human rights situation of Aboriginal peoples and Torres Strait Islanders to the attention of domestic government, of international human rights forums and of the Australian public; and

• monitor the implementation of the Recommendations of the Royal Commis­ sion into Aboriginal Deaths in Custody for which the unit is responsible as they relate to the enjoyment and exercise of human rights by Aboriginal peoples and Torres Strait Islander.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

The Human Rights and Equal Opportunity Commission has primary responsibility for the delivery of the report. Subject to further discussions with ATSIC and with Aboriginal and Torres Strait Islander communities and their organisations through­

out Australia, networks are and will be established with ATSIC Regional Councils and Aboriginal and Torres Strait Islander organisations. They will offer a two-way information flow — disseminating and furnishing information — and assist in ensuring local community input into production of the report.

In future, State and Territory governments will play an important role in co­ ordinating the input of information from government agencies. In particular, the Commissioner plans to work with the State and Regional anti-discrimination organisations.

Projects designed to ensure the future participation of Aboriginal peoples and Torres Strait Islands in the report and to make the report accessible to them are being pursued:

visiting Aboriginal and Torres Strait Islander communities and organisations and developing a media package to provide clear, factual information in culturally appropriate forms on the role and functions of the Commissioner,

2 4 0 — Program Reports

• preparing options on ways of involving Aboriginal people and Torres Strait Islanders in the report to ensure participation from the largest number and fullest possible diversity of them; and

• preparing options on methods o f presenting the report to maximise its accessibility to Aboriginal people and Torres Strait Islanders.

The Commissioner and staff will continue to establish a close working relationship with the Council for Aboriginal Reconciliation. The Commissioner is also taking an active role in the international human rights arena.

Next stage o f implementation: 1993-94 and beyond

The objectives of the Social Justice Commissioner will be set out in the first report. In addition to those noted above, the report will be a means of:

• monitoring Commonwealth legislation to ensure that it does not conflict with the human rights standards set out in international instruments; and

• generating improvements in the enjoyment and exercise of human rights by Aboriginal peoples and Torres Strait Islanders.

Resources

1992-93 expenditure $443,000

Contact officers

Mr David Allen/Mr Len Wilder Aboriginal and Torres Strait Islander Social Justice Commission Telephone (02) 229 7650 Facsimile (02) 229 7715

Program Report»----- 2 4 1

Commonwealth-State co-ordination and agreements

Relevant Royal Commission Recommendations

198 and partially addresses 1 and 199

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

The program is designed to facilitate negotiation of a national commitment by all levels of government to improved outcomes in program and service delivery for Aboriginal and Torres Strait Islander people. It will establish a framework for agreements between the Commonwealth and ATSIC and other levels o f govern­

ment to achieve greater co-ordination of program delivery.

Implementation in 1992-93

Following examination by a Commonwealth, State and Local Government Working Party of ways of achieving greater co-ordination of Aboriginal and Torres Strait Islander programs and services between all levels of government, the Heads of Government meeting in May 1992 endorsed the development o f a multilateral National Commitment to improved outcomes for Aboriginal peoples and Torres Strait Islanders.

Further negotiations between ATSIC, the Commonwealth, State and Territory government representatives and the Australian Local Government Association took place between June and November 1992. A draft National Commitment embodied service and program delivery principles agreed by the earlier Working Party, and principles inherent in Recommendations of the Royal Commission into Aboriginal Deaths in Custody.

2 4 2 — Program Reports

This document, the National Commitment to Improved Outcomes in the Delivery of Programs and Services for Aboriginal Peoples and Torres Strait Islanders, was endorsed at the Council of Australian Governments meeting held in Perth on 7 December 1992.

Outcomes

The National Commitment sets out key principles and objectives to be adopted by governments in delivery of programs and services to Aboriginal peoples and Torres Strait Islanders. It recognises that a commitment by governments across a wide range of areas is required to redress the fundamental causes of Aboriginal and

Torres Strait Islander disadvantage, including those identified by the Royal Commission into Aboriginal Deaths in Custody.

In addition to committing governments to important social justice and program and service delivery outcomes, the National Commitment provides a framework for a series of bilateral agreements between the Commonwealth and the States and Territories. These agreements are to set out detailed arrangements and objectives for specific functional areas of program and service delivery, and will incorporate

the broader principles and objectives of the National Commitment.

Joint responsibility agreements have been proposed for functional areas including housing, infrastructure, health and childcare, and are expected to be further developed with State and Territory governments during 1993-94.

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

ATSIC was represented in the negotiating process of the draft National Commit­ ment and provided secretariat support to an ATSIC/Commonwealth/State/Terri- tory and Local Government Working Party. Working Party membership com­ prised an ATSIC Commissioner and indigenous representation from a number of

State and Territory Aboriginal affairs agencies. The draft document was endorsed by the ATSIC Board prior to its endorsement by the Council of Australian Governments.

One of the guiding principles of the National Commitment is the need for all governments to negotiate with and maximise participation by Aboriginal peoples and Torres Strait Islanders through their representative bodies, including ATSIC,

Program Reports — 2 4 3

Regional Councils, State and Territory advisory bodies and community-based organisations in the formulation of policies and programs that affect them.

Any agreements entered into between the Commonwealth and the States or Territories will need to reflect this principle in specifying procedures for monitor­ ing program objectives and outcomes, and in outlining the role of Aboriginal and Torres Strait Islander organisations in the delivery of programs and services.

Contact Officer

Mr Chris Fondum Strategic Development Unit Telephone (06) 289 3306 Facsimile (06) 285 3603

2 4 4 ---- Program Report»

Aboriginal and Torres Strait Islander Commission Implementation Monitoring Unit (The Royal Commission Government Response Monitoring Unit)

Relevant Royal Commission Recommendation

1

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

The Royal Commission Government Response Monitoring Unit was established prim arily to produce annual reports on the Commonwealth's progress in implementing Royal Commission Recommendations.

Implementation in 1992-93

Staff recruitment is in progress. A Royal Commission monitoring co-ordinator has been appointed in each of ATSIC’s State Offices.

Agreement has been reached with all Commonwealth departments and agencies for standard reporting requirements for interim and annual reports.

Broad consistency has been agreed between the Commonwealth and States and Territories on the scope, structure and timing of their respective annual reports.

Outcomes

Formal arrangements are in place between all Commonwealth agencies and between the Commonwealth, the States and the Territories for co-ordination of monitoring and reporting on implementation of responses to Recommendations of the Royal Commission.

Program Reports---- 2 4 5

I

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders

Arrangements are in place to facilitate reporting on responses to Recommendations by Commonwealth departments and agencies, including 11 ATSIC program managers. Commonwealth, State and Territory officials also meet to co-ordinate reports.

Next stage o f implementation: 1993-94 and beyond

Preparation o f Interim (October 1993) and Annual (January 1994) Reports.

Tabling of the Commonwealth’s reports in the Parliament by the Minister for Aboriginal and Torres Strait Islander Affairs.

Review of the arrangements for reporting with each group of contributors.

Presentation of comprehensive reports annually.

Participation in the 1995 review of the implementation of responses to the Royal Commission recommendations.

Resources

All costs are met within the administrative allocations to ATSIC.

Contact Officer

Mr Kerry Wisdom Royal Commission Government Response Monitoring Unit Telephone (06)289 3093 Facsimile (06)285 4476

2 4 6 ---- Program Report»

Aboriginal and Torres Strait Islander participation in State/Territorv implementation and monitoring

Relevant Royal Commission Recommendation

1

Agency/Department responsible

The Aboriginal and Torres Strait Islander Commission

Description of Program

Funding for State and Territory governments to help meet the costs of enhanced involvement of elected Aboriginal and Torres Strait Islander community repre­ sentatives in monitoring and reporting on the implementation of responses to Royal Commission Recommendations.

Implementation in 1992-93

Negotiations for the provision of grants to use these funds have been undertaken with all State and Territory governments. Agreements have been concluded with all except tw o— Victoria and Tasmania. Grants are made annually and are subject to review.

The Royal Commission Government Response Monitoring Unit in ATSIC pro­ vides quarterly information papers to all Regional Councils. The first was distrib­ uted in late May and early June 1993.

Outcomes

Agreements made with six State or Territory governments.

Propram Reports--- 2 4 7

Co-ordination, including involvement of Aboriginal peoples and Torres Strait Islanders in implementation, monitoring and reporting

ATSIC’s Board of Commissioners formally established a law and justice sub­ committee of five Commissioners, of whom three make up a Royal Commission reference group.

Information papers are provided to Regional Councillors.

Regional Councillors were invited to the inaugural conference of ATSIC’s Royal Commission Monitoring Officers in June 1993. The conference discussed moni­ toring and reporting administration, roles and responsibilities.

Next stage o f implementation: 1993-94 and beyond

Negotiation of grants to States (Victoria and Tasmania) which did not receive grants in 1992-93.

Further involvement o f elected Aboriginal and Torres Strait Islander representa­ tives in monitoring and reporting at State or Territory, regional and local levels.

Review of arrangements for involvement in monitoring and reporting by Common­ wealth agencies to be undertaken with each group of contributors to the Annual Report.

Establishment of comprehensive involvement at all levels of monitoring and reporting on implementation of responses to Recommendations of the Royal Commission.

Resources

1992-93 expenditure $459,000

Contact Officer

Mr Kerry Wisdom Royal Commission Government Response Monitoring Unit Telephone (06) 289 3093 Facsimile (06) 285 4476

248 ----- Program Report»