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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 2


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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 A N N U A L REPORT 1 9 9 2 -9 3

V olume 2

Implementation of

Commonwealth Government

Responses to the

Recommendations of the

Royal Commission into

Aboriginal Deaths

in Custody

FIRST A N N U A L REPORT 1 9 9 2 -9 3

V olume 2

i

Structure of the Report— Volumes 1 and 2

Because o f its size, and for ease of handling, this report is divided into two Volumes.

Volume 1 Part I, Trends in Aboriginal and Torres Strait Islander Deaths in Custody and Incarcerations, meets a requirement of Recommendations 41 and 47 of the Royal Commission into Aboriginal Deaths in Custody for an annual report to Parliament on deaths in custody and incarceration.

Part II, Overview Reports, consists of assessments of the effectiveness of the implementation during 1992-93 of Commonwealth Government commitments arising from Royal Commission Recommendations.

Part III, Program Reports, provides reports on the measures introduced before and after the major Commonwealth response to the Royal Commission's final report

Volume 2 Part I, Recommendation Reports, provides comment on implementation of the response to each Recommendation for which the Commonwealth Government has or shares responsibility.

Part II contains appendices, including the Recommendations of the Royal Commission into Aboriginal Deaths in Custody for which the Commonwealth has or shares responsibility (Appendix 1).

Related material State and Territory governments will publish their own reports on implementation of responses to Recommendations for which they are responsible.

The full list of Recommendations of the Royal Commission into Aboriginal Deaths in Custody is contained in National Report — Overview and Recommendations, which is available from Commonwealth Government Bookshops in each State and Territory.

iii

C o n te n ts

P arti

OVERVIEW ................................................................................................................. 1

Recommendations 1 - 3

THE FINDINGS OF THE COMMISSIONERS AS TO THE DEATHS.......... 10 Recommendations 4 - 5

POST-DEATH INVESTIGATIONS........................................................................12

Recommendations 6 - 40

ADEQUACY OF IN FO R M A TIO N ...................................................................... 24

Recommendations 41 - 47

ABORIGINAL SOCIETY TO D A Y .........................................................................33

Recommendations 48 - 57

THE CRIMINAL JUSTICE SYSTEM: RELATIONS W ITH POLICE................59 Recommendation 60

YOUNG ABORIGINAL PEOPLE AND THE JUVENILE JUSTICE SYSTEM.....61 Recommendation 62

THE HARMFUL USE OF ALCOHOL AND OTHER D R U G S .......................64 Recommendations 63 - 71

S C H O O L IN G ............................................................................................................80

Recommendation 72

H O USING AND INFRASTRUCTURE................................................................ 82

Recommendations 73 - 76

SELF-DETERMINATION AND LOCAL GOVERNMENT............................... 93 Recommendation 78

v

IMPROVING THE LIVING ENVIRONMENT: H O U SIN G AND INFRASTRUCTURE............................................ .............................................412

Recommendations 321 - 327

CO NFORM ING WITH INTERNATIONAL O BLIG A TIO N S......................425 Recommendations 328 - 333

ADDRESSING LAND NEEDS............................................................................. 432

Recommendations 334 - 338

THE PROCESS OF RECONCILIATION............................................................450

Recommendation 339

Part II

APPENDICES 1 — 5 ........................................................................................... 457

vii

OVERVIEW Recommendations 1 - 3

Recommendation 1

The Commonwealth responded:

The Commonwealth agrees that a detailed and comprehensive response to the first Recommendation by all jurisdictions is critically important to ensuring the effective implementation of all other Recommendations of the Royal Commission into Aboriginal Deaths in Custody.

The Commonwealth recognises that Aboriginal and Torres Strait Islander people and the wider community require comprehensive, integrated and publicly accountable processes to be established. Monitoring mechanisms also need to be put in place, partly to enable Australia to meet its international obligations.

Accepting that Aboriginal affairs is a shared responsibility, the Common­ wealth is committed to achieving the maximum degree of co-operation with State, Territory and local governments. The objectives are set out in the August 1991 Australian Aboriginal Affairs Council Report, Achieving Greater

Co-ordination o f Aboriginal and Torres Strait Islander Programs and Services. The Commonwealth will work with the States and Territories to develop monitoring procedures and joint planning and implementation arrange­ ments. The Commonwealth supports the proposal to develop a national

Aboriginal policy statement aimed at overcoming the underlying causes of Aboriginal deaths in custody identified by the Royal Commission.

To give further effect to the principles of self-determination, the Common­ wealth will, wherever possible, make use of Aboriginal organisations to implement the Royal Commission recommendations. It is also committed to ensuring local Aboriginal organisations are consulted about local implemen­

tation.

Recommendation Reports

States and Territories States and Territories will decide their own monitoring arrangements, but they will be urged to complement the Commonwealth approach. The Com­ monwealth will work closely with State and Territory Governments to fulfd the intention of Recommendation 1(b) as supported by all jurisdictions. It is

proposed that arrangements be made for cross-tabling of monitoring reports in Commonwealth, State and Territory Parliaments.

The Role o f Ministerial Forums The Commonwealth will work with the States and Territories to ensure that all relevant Ministerial or senior officials’ forums monitor progress in imple­ menting recommendations within their spheres o f interest. This will involve ensuring that Commonwealth, State and Territory departments and agencies implement recommendations in accordance with the intention of the Royal

Commission. In addition, the forums would promote consistency and ensure that exemplary practices are identified.

The Human Rights and Equal Opportunity Commission The Commonwealth response to the National Inquiry into Racist Violence Report committed Commonwealth support for the Human Rights and Equal Opportunity Commission to perform a broader watchdog role in relation to the human rights of Aboriginal and Torres Strait Islander people. To this end, an Aboriginal and Torres Strait Islander Social Justice Unit will be estab­ lished. Its functions will include the production of an annual State o f the Nation

report on Aboriginal and Torres Strait Islander issues.

In producing the ‘State of the Nation’ report, the Unit will consult with, and pay particular regard to, issues of concern to Aboriginal and Torres Strait Islander people. It will also establish a co-operative relationship with ATSIC.

This annual State of the Nation report assumes further importance because of the unanimous endorsement by the Commonwealth Parliament o f the pream­ ble in the legislation to establish the Council for Aboriginal Reconciliation as an essential element in the reconciliation process. The preamble makes the

following commitment:

As a part of the reconciliation process, the Commonwealth will seek an ongoing national commitment from Governments at all levels to co-operate and to co-ordinate with ATSIC as appropriate to address progressively Aboriginal disadvantage and aspirations in relation to land, housing, law and justice, cultural heritage, education, employment, health, infrastructure, economic development and any other relevant

matters in the decade leading to the centenary of Federation, 2001.

Recommendation Reports — 3

and referred to the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs.

ATSIC has also taken steps to ensure that the role of Aboriginal women and Torres Strait Islander women is acknowledged in the implementation, monitoring and reporting of Royal Commission Recommendations. ATSIC’s Office of Indigenous Women also gathered information about benefit and involvement of women in the

Program, and sought gender-specific data from all Commonwealth departments and agencies involved in the implementation of Recommendations. An Overview Report, Women, in Volume 1, Part II (page 107) of this Annual Report, gives an assessment of the effectiveness of implementation in those terms.

The Commonwealth has been working with the State and Territory Governments to develop complementary monitoring and reporting processes, with the Depart­ ment of the Prime Minister and Cabinet facilitating liaison. The Standing Commit­ tee of Officials (a group of Commonwealth, State and Territory officials which

supports the Australian Aboriginal Affairs Council of Ministers) met twice during 1992-93 to co-ordinate arrangements.

The Prime Minister wrote to his counterparts in the States and Territories on 4 December 1992 about ATSIC’s role in the co-ordination of Commonwealth, State and Territory policies affecting Aboriginal and Torres Strait Islander people. The Prime Minister wrote again on 19 May 1993 urging other governments to involve

central agencies in the monitoring process, and to co-ordinate arrangements for tabling Annual Reports on implementation.

The Commonwealth has also taken steps to ensure that relevant Recommendations of the Royal Commission have been placed on the agendas of Ministerial and official forums. Details on these actions are given in the reports on the specific Recommendations elsewhere in this Report. The response of Ministerial forums,

such as the Standing Committee of Attorneys General, the Australian Police M inisters’ Council and the Ministers for Corrections’ Conference has been positive. Co-ordination with States and Territories of monitoring and reporting on implementation of Royal Commission Recommendations was initiated at the

August 1992 meeting of the Australian Aboriginal Affairs Council o f Ministers. It directed officials to meet for the specific purpose of discussing arrangements. That meeting of the Standing Committee of Officials took place on 25 May 1993, and recommendations were made to the next meeting of the Ministers (October 1993). The general structure and content of the reports were agreed, and the tabling of reports in the respective Parliaments during December was also unanimously recommended.

Rprnmmendation Reports----- 5

Recommendation 2

The Commonwealth responded:

The Commonwealth already receives advice from the Human Rights and Equal Opportunity Commission and Aboriginal and Torres Strait Islander Commission and notes that the Royal Commission envisaged that the commit­ tees would be established only at the State and Territory level. The Common­ wealth will liaise with the State and Territory committees, as we expect some

Commonwealth issues could be channelled through the committees.

In view of the size of the Aboriginal community at Jervis Bay, the Common­ wealth favours using either the Jervis Bay Residents' Group consultative mechanism, or the Bogong Regional Council. The Commonwealth will ap­ proach them concerning the implementation of this Recommendation.

The Human Rights and Equal Opportunity Commission and the Aboriginal and Torres Strait Islander Commission will convene an annual national conference o f Aboriginal Justice Advisory Committees and other interested bodies. State and Territory governments will be asked to support it.

1992-93 report

The Commonwealth response to the Recommendation gave an undertaking to convene a national conference o f the Aboriginal Justice Advisory Committees. As the committees in each State and Territory have only recendy been formed, it is envisaged that a national conference will take place in the first half o f 1994, and

annually thereafter. This will allow each committee time to become established. It is expected that, once fully established, they will provide Aboriginal and Torres Strait Islander communities with a co-ordinated vehicle for the expression of

attitudes towards the justice system, and an effective means of pressuring for changes to that system.

In making arrangements for the projected national conference, ATSIC will co­ ordinate its activities with the Aboriginal and Torres Strait Islander Social Justice Commissioner in the Human Rights and Equal Opportunity Commission.

As the Aboriginal Justice Advisory Committees are composed entirely of Aborigi­ nal and Torres Strait Islander people, the maximum possible involvement is achieved in the implementation of this Recommendation.

Recommendation Reports ----

Recommendation 3

The Commonwealth responded:

The Commonwealth already receives advice from the Human Rights and Equal Opportunity Commission and Aboriginal and Torres Strait Islander Commission and notes that the Royal Commission envisaged that the commit­ tees would be established only at the State and Territory level.

In view of the size of the Aboriginal Community at Jervis Bay, the Common­ wealth favours using either the Jervis Bay Residents' Group consultative mechanism or the Bogong Regional Council. The Commonwealth will ap­ proach them concerning implementation of this Recommendation.

1992-93 report

The Commonwealth receives independent advice from the Human Rights and Equal Opportunity Commission and ATSIC, but will ensure liaison with State and Territory committees.

Through the elected Bogong Regional Council, ATSIC will co-ordinate imple­ mentation of this Recommendation for Jervis Bay on behalf of the Commonwealth. The appropriate representative organisation to implement the Recommendation is expected to be identified late in 1993.

Contact Officer

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

Recommendation Reports

• Aboriginal Affairs Victoria has met families of those who have died in custody. A package of measures to meet the need of these families has been developed;

• in South Australia, the Family Counselling Project is still in development. A State co-ordinator was appointed on 8 November 1993 to work with Aboriginal health organisations;

• the Department o f Family Services and Aboriginal and Islander Affairs in Queensland called, on 30 October 1993, for expressions o f interest for grants to establish an Aboriginal and Torres Strait Islander Family Counselling and Support Pilot Program. Discussions have also been held to discuss the Family Counselling Program, including training and ongoing arrangements for the program;

• in Western Australia, a number of projects were funded, including a consultancy to examine the need for additional counselling for families of those who have died in custody; funding to support an Aboriginal-specific counselling course at Curtin University; support for the establishment of a

Perth-based Aboriginal counselling service; support for Aboriginal counselling in Broome; and support for the provision of specialist counselling training for Aboriginal people; and

• the Tasmanian allocation of $20,000 funded a 'Prison and Police Officer' cross-cultural project

ATSIC will continue to consult the States to ensure that the Family Counselling Program is implemented fully in 1993-94.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission

Telephone (06)289 3151 Facsimile (06)282 3601

Recommendation Reports

Recommendation 20

The Commonwealth responded:

The Australian Federal Police (AFP) are responsible for police services at Jervis Bay, and for Commonwealth matters generally. The AFP recognises that it is desirable to extend the existing Australian Capital Territory Regional Instruction 8/92, which is relevant to this Recommendation, as it applies to the

national operations of the AFP.

Australian Capital Territory laws apply to the Jervis Bay Territory. The Commonwealth notes that the Australian Capital Territory response to this Recommendation provides for its implementation in Adult Corrective Serv­ ices and Juvenile Justice.

1992-93 report

The Australian Federal Police national procedures have been reviewed and the requirement to immediately notify State/Territory police to comply with their notification requirement has been noted in the revised text of AFP ACT Regional Instruction 8/92, paragraph 28.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police

Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports

Contact Officers

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

Mr Peter Gibson Legal Aid Development Branch Attorney-General’s Department Telephone (06) 250 6865 Facsimile (06) 250 5934

Recommendation Reports

Recommendation 25

The Commonwealth responded:

The Australian Federal Police will amend national procedures to implement this Recommendation.

Australian Capital Territory laws apply to the Jervis Bay Territory. The Commonwealth notes that the Australian Capital Territory response to this Recommendation provides for its implementation.

1992-93 report

The Australian Federal Police will amend national procedures on rights of the family of the deceased concerning the conduct of a post-mortem. Implementation of this Recommendation depends upon the outcome o f the review of the national procedures, and passage of amendments to the ACT Coroners’ Act.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports

Recommendation 27

The Commonwealth responded:

This will be implemented by the Commonwealth at Jervis Bay.

1992-93 report

The Director o f Public Prosecutions Act 1983 (Cwth) also gives effect to Recom­ mendation 27. It allows an officer from the Commonwealth Director of Public Prosecutions’ office to be appointed where the coroner considers that the special circumstances of a case warrant that appointment.

The preparation of the Government response to these Recommendations involved consultation with Aboriginal and Torres Strait Islander communities, where women were significantly represented, as well as consultation with the ACT Attorney-General ’ s Department.

For 1993-94 and beyond, the Coroners (Amendment) Bill 1993 (ACT) will also be taken into account.

Contact Officer

Mr Owen Walsh Criminal Law Branch Attorney General’s Department Telephone (06) 250 6029 Facsimile (06) 250 5918

Recommendation Reports

Recommendation 33

The Commonwealth responded:

The Australian Federal Police are responsible for police services at Jervis Bay and in relation to Commonwealth matters generally. The AFP has substan­ tially implemented this Recommendation (Australian Capital Territory Re­ gional Instruction 4/91, paras 21 and 23 and General Instruction 20, para 31)

and will ensure full implementation following completion of a review of relevant legislation.

1992-93 report

The Australian Federal Police are responsible for police services at Jervis Bay and in relation to Commonwealth matters generally. The AFP has reviewed its national procedures and substantially implemented this Recommendation (Australian Capital Territory Regional Instruction 4/91, paras 21 and 23 and General Instructions 20,

para 31) and will ensure full implementation following completion of a review of relevant legislation.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports-----

Contact Officer

Mr David McDonald Senior Criminologist Australian Institute o f Criminology

Telephone (06) 274 0200 Facsimile (06) 274 0201

Recommendation Report»

Recommendation 41 (b) provides that the Australian Institute of Criminology should report annually to the Commonwealth Parliament on deaths in custody. Part I of Volume 1 of this Annual Report fulfils the Commonwealth’s commitment.

During 1993-94 the activities covered by this Recommendation will continue. It is anticipated that, during the year, the Queensland Police Service will resolve the difficulty it apparently has with the interpretation o f a death in custody. A range of research reports concerned with the monitoring of deaths in custody and related research will be prepared and widely disseminated. Representatives of Aboriginal

and Torres Strait Islander organisations, statutory bodies and the public will continue to be invited to contribute to the work of the National Deaths in Custody Monitoring and Research Unit. Primary involvement will be through suggesting research activities which should receive priority, and in providing feedback on the research papers that are released through this program.

Contact Officer

Mr David McDonald Australian Institute of Criminology Telephone (06) 274 0200 Facsimile (06) 274 0201

Recommendation Reports

Recommendation 43

The Commonwealth responded:

The conduct of periodic national police custody surveys is part o f the work of the National Deaths in Custody Monitoring and Research Unit o f the Austral­ ian Institute of Criminology.

1992-93 report

The background to this Recommendation is that in August 1988, the Criminology Research Unit of the Royal Commission conducted Australia’s first national police custody survey. Based on that experience, the Royal Commission recommended that similar surveys be conducted regularly. The aim was to systematically monitor

and evaluate the degree to which improvements in legislation, attitudes, policies and procedures that effect police custody were made.

In implementing this Recommendation, the Institute conducted the Second Na­ tional Police Custody Survey in August 1992, just four years after the first survey. This was done with the full co-operation of each of Australia’s eight State and Territory police services. Data were collected on each instance of a person being

held in police cells, anywhere in Australia and for any period, during the month of August 1992.

A preliminary report on the survey was released by the Commonwealth Minister for Aboriginal and Torres Strait Islander Affairs in March 1993. It revealed that 26,654 occasions of custody occurred during the survey period; that 29 per cent were Aboriginal and Torres Strait Islander people; that the occasions of custody

had fallen 10 per cent between 1988 and 1992 but that the proportion of cases that were Aboriginal or Torres Strait Islander people rose by 0.7 per cent.

The wide dissemination of the findings has led to beneficial outcomes. In particu­ lar, police services, politicians, community organisations and the public are now more aware of trends in police custody generally, and with indigenous people specifically. These data provide important indicators of the degree to which

Australia’s police services have successfully implemented the Royal Commis­ sion’s Recommendation 87 which states (among other things) that ‘all Police Services should adopt and apply the principle of arrest being the sanction of last resort in dealing with offenders’.

Recommendation Reports

Recommendation 44

The Commonwealth responded:

The conduct of periodic national police custody surveys is part of the work of the National Deaths in Custody Monitoring and Research Unit of the Austral­ ian Institute of Criminology.

1992-93 report

This Recommendation is that the Australian Institute of Criminology co-ordinate and implement national police custody surveys, drawing on the experience of the 1988 survey. This Recommendation has been implemented and details are pro­ vided in the report on Recommendation 43. Feedback on the report of the 1992

National Police Custody Survey has been invited from a wide range of organisa­ tions and individuals, so that future surveys in the series will remain relevant to people’s information needs.

Contact Officer

Mr David McDonald Australian Institute of Criminology Telephone (06) 274 0200 Facsimile (06)274 0201

Rprnmmendation Reports

Recommendation 46

The Commonwealth responded:

One of the tasks of the National Deaths in Custody M onitoring and Research Unit within the Australian Institute o f Criminology will be to extend and improve upon the research paper 'International Review of Deaths in Custody' {Royal Commission into Aboriginal Deaths in Custody, p. 15). It is anticipated

that the United Nations will take an interest in this subject, and therefore the formal AIC affiliation with the United Nations will be helpful.

1992-93 report

During the year, the Australian Institute of Criminology has collated and dissemi­ nated information about people in custody. This information has been provided to the State and Territory governments (who are, in most cases, the original sources of the data). The data that has been collated, analysed, published and disseminated cover such areas as people in prison, people in custody and people in juvenile detention. In each case, emphasis has been placed on the number of Aboriginal and Torres Strait Islander people, highlighting the disturbing level of over-representa­

tion of Australia’s indigenous people in custodial settings.

Such reports are important in terms of access and equity. They also include details of the involvement of young people and women in the criminal justice system generally, and among the custodial populations specifically. As well as being provided through the regular publications of the Institute, information is provided

in Part I of Volume 1 of this Report. Those data are useful indicators of the degree to which the States and Territories’ governments have been successful in imple­ menting Recommendations 87 and 92, which require governments to use arrest and imprisonment as sanctions of the last resort.

During the 1993-94 year, this work will continue. As well as the regular publication of information about people in custody, the Australian Institute of Criminology will include a discussion of trends in the 1993-94 Annual Report on the Royal Commission implementation. Like this Report, it will be tabled in the Common­

wealth and other Parliaments.

Contact Officer

Mr David McDonald Australian Institute of Criminology Telephone (06) 274 0200 Facsimile (06) 274 0201

Recommendation Reports-----31

ABORIGINAL SOCIETY TODAY Recommendations 48 - 57

Recommendation 48

The Commonwealth responded:

The Commonwealth recognises that standard social indicators may be inap­ propriate to monitor and/or evaluate programs concerning Aboriginal and Torres Strait Islander people. As a consequence, the Australian Bureau of Statistics, in consultation with the Aboriginal and Torres Strait Islander

Commission, will require Commonwealth agencies to incorporate the in­ formed views of Aboriginal and Torres Strait Islander people into the development, interpretation and use of social indicators.

The Commonwealth notes the general support from the States and Territories for this Recommendation, and will seek to involve them in the process.

The Commonwealth notes that program performance indicators are ad­ dressed in its response to Recommendation 194.

1992-93 report

ATSIC and its Regional Councils are a prime source of information and advice for other agencies on matters affecting the Aboriginal and Torres Strait Islander population.

ATSIC applies a range of standard program-based performance indicators to projects it funds. In addition, indigenous organisations are consulted on the development o f project-specific performance indicators that are acceptable to both the organisation and the Commission.

The Department of Employment, Education and Training recognises that standard social indicators may be inappropriate to monitor and evaluate programs concern­ ing Aboriginal peoples and Torres Strait Islanders. It therefore seeks representation on its Evaluation Steering Committee from the area in DEBT with specific responsibility for matters affecting Aboriginal peoples and Torres Strait Islanders

whenever it has to assess programs which relate directly to Aboriginal peoples and Torres Strait Islanders. W here the program is expected to impact significantly on indigenous people, ATSIC representation is also sought.

Recommendation Reports

Recommendation 49

The Commonwealth responded:

The Commonwealth Government has noted that demographic change in the Aboriginal and Torres Strait Islander population will increase pressure on program expenditure, particularly in relation to education, employment, income support, health, infrastructure and housing. More regular estimates

of population growth and demographic trends are vital to effective program management.

The Commonwealth, through Australian Bureau o f Statistics and in consul­ tation with Aboriginal and Torres Strait Islander Commission, will conduct a national survey of social, demographic, health and economic characteristics of the Aboriginal and Torres Strait Islander population. In mounting the

survey, the ABS will involve and employ Aboriginal people in all stages of design, conduct and interpretation. The Commonwealth notes the detailed terms of this Recommendation and will take them up in consultation with ATSIC.

The Office of Indigenous Women in ATSIC will establish a database as a foundation for designing strategies to counter the particularly disadvantaged situation of Aboriginal and Torres Strait Islander women.

1992-93 report

During 1992-93 the Australian Bureau of Statistics began developing the National Aboriginal and Torres Strait Islander Survey. It consulted widely with Aboriginal and Torres Strait Islander organisations, State and Commonwealth Government agencies and research organisations. The aim was to determine the highest priority

statistical information that can reasonably be obtained in a national sample survey of the target populations.

A Survey Advisory Committee advised the Bureau on the relative priorities for different topics proposed for the Survey, and on cultural issues relevant to the survey methodology. It was chaired by ATSIC Commissioner Charles Jackson and

included representatives of ATSIC, Aboriginal and Torres Strait Islander organi­ sations, and State and Commonwealth Government agencies. The committee was supported by five Technical Reference Groups o f people with expertise in such subjects as Aboriginal health, employment and training.

Recommendation Reports--- 35

Recommendation 50

The Commonwealth responded:

It is normal Australian Bureau of Statistics practice to consult with the Aboriginal and Torres Strait Islander Commission about the National Cen­ sus, and collection of data about Aboriginal people. Consistent with its response to Recommendation 48, the Commonwealth will also require its other agencies to consult with ABS and ATSIC at an early stage when contemplating data collection covering Aboriginal people,

1992-93 report

The Australian Bureau of Statistics consults extensively with Aboriginal peoples and Torres Strait Islanders, both through ATSIC and directly with communities, in the conduct of censuses and surveys relevant to Aboriginal peoples and Torres Strait Islanders. There was extensive consultation with Aboriginal peoples and Torres Strait Islanders in the preparation and conduct of the 1991 Census.

Currently, similar extensive consultations are underway in the development of the 1994 National Aboriginal and Torres Strait Islander Survey — see the report on Recommendation 49.

In 1992-93, a number of other Commonwealth agencies have been involved in major data collections covering indigenous people, and consultation has occurred between these agencies and both ATSIC and the Australian Bureau of Statistics. Agencies which have collections planned for 1993-94 have also stated that they

will consult with ATSIC and ABS at an early stage. They include:

• consultation by ABS with ATSIC and Aboriginal and Torres Strait Islander people on the design and development of the 1994 National Aboriginal and Torres Strait Islander Survey (see report on Recommendation 49 for details);

• consultation by the Australian Institute of Criminology with ATSIC and ABS on the 1992-93 National Police Custody Survey;

• consultation by the Department of Employment, Education and Training with ATSIC and ABS on a Survey of Aboriginal and Torres Strait Islander participation at pre-schools.

Recommendation Reports —— 3 7

Recommendation 51

The Commonwealth responded:

Protocols for research affecting Aboriginal and Torres Strait Islander people have been adopted by significant bodies such as the National Health and Medical Research Council and the Aboriginal and Torres Strait Islander Commission. The Commonwealth will require its departments and agencies to review their policies on research affecting Aboriginal people with a view to

adopting the principles outlined in the Recommendation.

1992-93 report

Most research institutions and relevant professional associations already have guidelines for research and consultative methods. They are considered to have increased the success of consultation with Aboriginal and Torres Strait Islander

communities. The Australian Institute of Aboriginal and Torres Strait Islander Studies, for instance, has a strict code for fieldwork, and all its research grants require extensive consultation and reporting back to communities on research outcomes. Another example is Guidelines on Ethical Matters in Aboriginal and Torres Strait Islander Health Research, proposed by the National Health and Medical Research Council.

During 1992 ATSIC made a submission to the Australian Science and Technology Council’s Inquiry into Research and Technology in Tropical Australia, canvassing steps which could be taken to improve:

• the relevance of research activities;

• the numbers of indigenous people involved in research;

• researcher awareness of indigenous needs;

• linkages between research institutions and indigenous organisations wishing to use research results; and

• the relevance of research for indigenous people.

Recommendation Reports--- 39

Recommendation 52

The Commonwealth responded:

The Commonwealth Government acknowledges the important work done by Link-up services. The Commonwealth already provides some funding to the services and will provide additional support for core administration funding.

The Commonwealth will also negotiate with the StatesZTerritories to clearly define their roles and responsibilities, and seek equitable contribution to providing resources for Link-up or similar services.

The Commonwealth recognises the importance of the relationship between family and culture, and will endeavour to ensure that relevant education programs are developed.

1992-93 report

All State and the Northern Territory governments supported the Recommendation as it applied to their administrative responsibilities. Recent changes to some State and Territory government Acts have resulted in more equitable access to those government records, subject to privacy considerations. Others are considering the matter and expect to pass legislation.

ATSIC supported the work being undertaken by indigenous people in community organisations to access those records. It extended its Link-up program to support work being undertaken to locate and reunite Aboriginal and Torres Strait Islander families. The Link-up services had, in most States, been conducted by the

Aboriginal and Torres Strait Islander Child Care Agencies which have a focus on the fostering and placement of children. Consultations with Aboriginal and Torres Strait Islander communities on the recommendations of the Royal Commission indicated, however, that more support for Link-up services was a major issue.

Additional support was provided for services in each State and the Northern Territory, in addition to the Link-up organisation already established in NSW and the small part-time operation in Queensland. These services were provided with additional funds while others were supported in Alice Springs and in Western

Australia. There, Curtin University was funded to develop and conduct workshops for Aboriginal families to conduct their own research.

Recommendation Reports

Recommendation 53

The Commonwealth responded:

The Commonwealth supports this Recommendation. Through the Aboriginal and Torres Strait Islander Commission, it will arrange the necessary negotia­ tion between the relevant Commonwealth Government agencies and Aborigi­ nal organisations covering access to the archival records.

Again through ATSIC, it will encourage State and Territory governments to recognise the need to promote awareness of the process of gaining access to such records.

1992-93 report

ATSIC is the responsible agency. Australian Archives has undertaken the principal operational responsibilities for implementing the Commonwealth response.

In 1992-93 Australian Archives has taken the following initiatives:

• the publication in 1993 of a comprehensive guide: Aboriginal and Torres Strait Islander People in Commonwealth Records: A Guide to Records in the Australian Archives, ACT Regional Office, compiled by Ms Ros Fraser and printed by AGPS. It is a guide to records held in the Archives’ ACT regional

office which relate to Aboriginal and Torres Strait Islander people;

• participated in a joint venture with the Public Records Office, Victoria, to prepare a guide to records relating to Aboriginal and Torres Strait Islander people held in both institutions. The guide is due for publication late in 1993; and

• provision of extensive assistance to Aboriginal and Torres Strait Islander people already researching records held in the Archives’ Victorian and Northern Territory offices. Further action is still required to put the nature of the Archives’ assistance on a more formal basis. It also needs to address

specific needs such as the compilation of detailed indices to significant groups of records, and the provision of related ATSIC counselling services.

The report on Recommendation 57 also relates to this matter, in that it details arrangements made with relevant State and Territory governments.

Recommendation Report»--- 43

Recommendation 54

The Commonwealth responded:

The Commonwealth is examining ways to embody the Aboriginal Child Placement Principle in Commonwealth legislation. It is also seeking to nego­ tiate with States which do not have legislative recognition of the Aboriginal Child Placement Principle, to bring forward legislation as soon as possible. This will be pursued through the Social Welfare Ministers' and Social Welfare Administrators' Conferences.

The Commonwealth recognises the essential role o f the Aboriginal and Islander Child Care Agencies in the fostering and adoption of Aboriginal and Torres Strait Islander children, and implementing the principle.

The review of AICC A found that States should increasingly cover administra­ tion and operational costs. The Commonwealth and the States/Territories are therefore examining, in consultation with the AICCA and the National Secretariat and other relevant bodies, ways of ensuring that funding respon­ sibilities are clearly defined.

1992-93 report

All States and Territories, except Queensland, have now incorporated the Aborigi­ nal Child Placement Principle in legislation. Queensland has been reviewing its child protection legislation during 1993, with comments from the Commonwealth sought by the end of December 1993. The Commonwealth's position, through

ATSIC, is to provide a statutory base for the Child Placement Principle in any amendment to the legislation.

Aboriginal and Torres Strait Islander community organisations and groups have been calling for national legislation also to provide a national framework that protects the rights and interests of indigenous children. The Commonwealth, through ATSIC, has been supporting the efforts o f these groups. Community

organisations did not accept the findings of a national review of the administration of the Aboriginal and Islander Child Care Agencies, which is administered by the Department of Health, Housing, Local Government and Community Services. It noted that the Aboriginal Child Placement Principle does not address adequately

the problems facing Aboriginal and Islander children, as they are systemic as well as legislative.

Recommendation Reports----

Recommendation 55

The Commonwealth responded:

In response to the White Paper outlining an Australian language and literacy policy, a detailed assessment was recently made o f Aboriginal language needs. As a result, the Commonwealth announced the National Aboriginal Lan­ guages and Literacy Strategy. It includes:

• an Aboriginal Languages Initiatives Program (ALEP) aimed at the preservation or maintenance of community languages; and

• an Aboriginal Languages Education Strategy aimed at teaching these languages in schools.

To help implement the ALIP, a national workshop of Aboriginal and Torres Strait Islander language experts was held in late 1991.

Commonwealth funding of the ALIP will total $3m per year over three years, commencing in 1992-93. It is important to note that in implementing the strategy, there will be extensive consultation with the Aboriginal and Torres

Strait Islander community by means of:

• a Federation of Regional Aboriginal Language Management Commit­ tees (RALMC);

• a network of RALMCs in each State and Territory; and

• State/Territory consultative workshops to determine the representa­ tion, role and functions of RALMCs, and regional workshop funding.

The Commonwealth has also undertaken language initiatives under the National Aboriginal and Torres Strait Islander Education Policy. A diction­ ary project aimed at increasing an awareness of Aboriginal languages and producing valuable language resources began in 1991. This project will lead

to the production of dictionaries in over 40 different Aboriginal languages.

The Commonwealth notes the activity of some States and Territories in the development of Aboriginal language programs. As part of the reconciliation process, it will seek a commitment from governments at all levels to address language as a key factor in the promotion and preservation of Aboriginal cultural heritage.

Recommendation Reports----- 4 7

unique nature and special requirements of syllabus development in the teaching and learning of indigenous languages, desirable consultative processes, and the feasibility of accommodating the proposed Aboriginal Languages Framework within the National Statement and Profile for Languages Other than English. A management plan was developed. Phase 1 is complete.

Phase 2: W riting of the framework and validation bv pilot schools and curriculum authorities A National Advisory Committee and a National Reference Committee have been appointed. National and State Aboriginal and Torres Strait Islander groups are represented on both of these committees and on local reference committees. A draft

design for the Curriculum and Assessment Framework has been produced. The completion of Phase 2 will involve finalisation of the Framework and development of specific courses. Phase 3 will include the implementation of the syllabuses, the development of curriculum materials and the in-service training o f teachers.

Expenditure was $374,300 over three years from 1991-92, of which $124,766 was expended in 1992-93.

The third DEET-funded project was the development of cultural materials theme kits to resource a culturally appropriate vernacular language program. This project, conducted by Yipirinya School in Alice Springs, was funded under the Innovative Languages Other Than English element of the Languages Other Than English

Program in the 1991-92 financial year. Expenditure was $58,992 over two years from 1991-92, which included $29,498 for 1992-93. A final report and completed materials are expected at the end of 1993.

Aboriginal and Torres Strait Islander teachers and literacy workers are being trained to use the materials. The materials and teaching procedures will be trialed and if necessary, modified to maximise their effectiveness.

ATSIC administered the Aboriginal and Torres Strait Islander Language Initiatives Program for the first time in 1992-93. It was administered previously by DEET. ATSIC continued to take advice from the Federation of Aboriginal and Torres Strait Islander Languages, an organisation of representatives from Aboriginal and

Torres Strait Islander Language Centres and State Language Committees. Funds allocated in 1992-93 were $3m.

The program continued to fund the activities of 25 language centres or State Language Committees. They conducted language maintenance, development, research, retrieval and translation projects, as well as printing and publishing information about Aboriginal and Torres Strait Islander languages.

Recommendation Report» — 49

Recommendation 56

The Commonwealth responded:

The Commonwealth provides support for initiatives by Aboriginal and Torres Strait Islander communities to make known aspects of their history and culture. This occurs at a national level through the programs o f national cultural institutions, and at a community level through the Arts and Cultural

Program o f ATSIC and programs of the Department of Arts, Sport, the Environment and Territories. The Commonwealth notes the efforts of State and Territory Governments in this area.

Commencing in 1983, the former Department of Aboriginal Affairs assisted community organisations with projects designed to improve understanding of Aboriginal and Torres Strait Islander people, culture and society in the wider community. The program has been continued by ATSIC under its allocation

for Promotion of Community and Cultural Awareness.

The Commonwealth considers that the involvement of Aboriginal and Torres Strait Islander communities in the production of their own written histories enhances self-esteem and confidence as well as promoting research and writing skills. The results of such research provides schools, resource centres

and the wider community with locally relevant material which would other­ wise be unavailable.

The Federal Parliament, in the preamble to the Council fo r Aboriginal Reconciliation Act 1991, called for a national commitment from governments at all levels to co-operate with ATSIC to address Aboriginal disadvantage and aspirations in relation to cultural heritage. The Commonwealth will seek to

foster further efforts to promote Aboriginal and Torres Strait Islander history and culture as an important part of the process of reconciliation.

1992-93 report

There is a strong awareness of the importance of Aboriginal and Torres Strait Islander history and culture, and the role that their promotion plays in the reconciliation process.

Within the cultural programs in the Department o f the Arts and Administrative Services, this is reflected, for instance, in:

Recommendation R eport;---- 5 1

The Australian Institute of Aboriginal and Torres Strait Islander Studies commis­ sioned a book, a video and reproduction of a manual. This kit and a number of research grants were made available to Aboriginal and Torres Strait Islander people to help them to research and write their family history. The Institute has also

continued to develop its publicly accessible Aboriginal and Torres Strait Islander Biographic Database.

The Government made a number of commitments on Aboriginal and Torres Strait Islander cultural development in its February 1993 cultural policy statement, Distinctly Australian. The commitments are:

• DAS, in consultation with ATSIC, the National Museum of Australia and other appropriate organisations, is developing a national strategy for the return of cultural property to indigenous Australians. This includes a pilot program based on material held by the NMA and State museums. The

strategy and pilot program will complement programs administered by ATSIC; ' ' '

• examining in collaboration with relevant State and Territory governments, Aboriginal cultural sites for possible nomination to the W orld Heritage List;

• the Cultural Heritage Protection Program has been developed by DA S, in co­ operation with the Australian Heritage Commission and the Australian Institute for Aboriginal and Torres Strait Islander Studies. The plan includes development of a co-ordination and management framework for cultural

heritage and rock art sites. It also includes courses for indigenous communi­ ties and land managers responsible for cultural heritage and rock art manage­ ment, protection and conservation;

• a Steering Committee has been appointed to investigate raising the status of the National Aboriginal and Islander Skills Development Association as a national performing arts and training organisation;

• an Aboriginal and Torres Strait Islander member has been appointed to the Visions of Australia Committee and the appointment process for Playing Australia is well advanced;

• the Aboriginal and Torres Strait Islander Arts Board of the Australia Council has been re-established;

Recommendation Report»---- 53

Funds initially allocated by ATSIC to the Central Land Council in 1992-93 for the acquisition of significant cultural property collected by Professor Strehlow are available if required.

DAS and ATSIC will continue to work on their complementary programs for the protection and return of cultural property to Aboriginal and Torres Strait Islander communities.

The Australian Institute of Aboriginal and Torres Strait Islander Studies will continue to give priority to funding research by Aboriginal and Torres Strait Islander people into their family history and culture.

C ontact O fficers

Ms Kay Daniels Australian Cultural Development Office Department o f the Arts and Administrative Services Telephone (06) 275 4472 Facsimile (06) 275 3661

Mr John Woodlock Aboriginal Reconciliation Unit Department o f the Prime Minister and Cabinet Telephone (06) 271 5279 Facsimile (06) 271 5168

Mr Murray Chapman Land Heritage and Environment Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3346 Facsimile (06) 289 2064

Mr Kingsley Palmer Australian Institute o f Aboriginal and Torres Strait Islander Studies Telephone (06) 246 1111 Facsimile (06) 249 7310

Recommendation Report» — 5 5

Recommendation 57

The Commonwealth responded:

The Commonwealth Government has sought in principle agreement from the States and the Northern Territory to arrangements to meet Recommendation 57(a). The proposal put by the Commonwealth is that the records should be regarded as Commonwealth records, and should be placed in the custody of the office of the Australian Archives in the capital city of the State or Territory in which the records were created. A response to this proposal has been requested from the State and Northern Territory governments. Once agree­ ment is reached at official level, arrangements to meet Recommendation 57(a) will be formally agreed in correspondence between the Prime Minister, the

Premiers and the Chief Minister of the Northern Territory.

Arrangements for handling requests for access to the records in accordance with Recommendation 57(b) will be the subject of inter-government consul­ tation following agreement on the resolution of Recommendation 57(a). Interim arrangements for access have been proposed by the Commonwealth that follow the normal rules for such records, including that:

• State and the Northern Territory governments will have automatic access to their own records (consultation with other governments will take place when required);

• records which were publicly available during the Royal Commission will continue to be made available;

• individuals and organisations may access submissions or exhibits which they placed before the Royal Commission, including those which they provided in confidence.

ATSIC will be consulted about which Aboriginal bodies should be involved in determining who should have access to the records. Together with relevant governments, ATSIC will advise on guidelines for access to the records. Australian Archives will be involved because of its general responsibility for administering access to Commonwealth records.

l he Commonwealth believes that many of the papers of the Royal Commis­ sion can contribute to a better understanding of the underlying causes of Aboriginal deaths in custody. It will therefore explore ways in which they can

Recommendation Reports

be readily accessible, while taking into account privacy, confidentiality and Aboriginal cultural sensitivities.

The Commonwealth has begun to receive requests for access to records of the Royal Commission. Processing of the requests awaits agreement from the States and Territories to the proposed interim access arrangements.

1992-93 report

After agreement was reached at official level with the States and Northern Territory Governments, the Prime Minister wrote to all State Premiers and the Chief Minister of the NT on 7 May 1993 to formalise arrangements for custody of and access to the Royal Commission records. The arrangement as proposed by the Prime

Minister was for:

• records to be placed in the custody of the Australian Archives in the capital city of the State or Territory in which they were created or drawn together, but records not clearly related to a State or Territory to be held in Canberra;

• records to be subject to access under the Freedom o f Information Act and the Archives Act and individuals to have discretionary access to the information they provided to the Royal Commission;

• the Commonwealth to consult with a relevant State or Territory government where the interests of that State or Territory are likely to be affected; and

• consultation with ATSIC and a nominated Aboriginal body in each State or Territory where there are likely to be Aboriginal cultural sensitivities.

The Aboriginal bodies identified are:

State Aboriginal Body

NSW NSW Office of Aboriginal Affairs

VIC Aboriginal Affairs Victoria

SA Department of State Aboriginal Affairs

QLD Aboriginal Deaths in Custody Overview Committee NT North Australian Aboriginal Legal Aid Service

Central Australian Aboriginal Legal Aid Service WA The Commissioner, Aboriginal Affairs Planning Authority TAS Tasmanian Regional Aboriginal Council

Recommendation Report»---- 5 7

THE CRIMINAL JUSTICE SYSTEM: RELATIONS WITH POLICE Recommendation 60

Recommendation 60

The Commonwealth responded:

Severe sanctions already apply in relation to the Australian Federal Police (AFP). Commonwealth legislation and AFP administrative procedures pro­ vide avenues of complaint to the Commonwealth Ombudsman, the Human Rights and Equal Opportunity Commission or the Minister, and are readily available to every Australian. Conduct of the type complained of in Recom­

mendation 60 would contravene existing legislation and would render the person liable to disciplinary action (which can result in the loss of rank or dismissal) under the Australian Federal Police (Disciplinary) Regulations (rr3 and 18(l)(d) and 2(g)). As well, civil and, in severe cases, criminal sanctions apply under other legislation.

This issue is reinforced during the New Member Training Programs in the ‘morals and ethics’ lectures. In addition, the new members prepare a written paper on Aboriginal issues, where it is possible to assess the potential for problems in this area, and take any necessary remedial action.

The Commonwealth will seek reports on this Recommendation from the Police M inisters’ Council.

1992-93 report

The Commonwealth response to Royal Commission Recommendation 1 required that Commonwealth/State Ministerial Forums consider progress in implementing Royal Commission recommendations falling within their sphere o f interest. This Recommendation fell to the Australasian Police M inisters’ Council, for implemen­

tation in the various jurisdictions.

Council agreed that jurisdictions should consider implementation of this Recom­ mendation and requested that the Council Secretariat compile a report on the national implementation process. This report will be considered at the next meeting of Council in November 1993. The Australasian Police M inisters’ Council has,

Recommendation Reports

where appropriate, endorsed the Standard Guidelines for Police Custodial Facili­ ties, developed in consultation with all jurisdictions, as providing an indicative model for design and operation of custodial facilities.

In accordance with Council’s resolution at its 24th meeting, a progress report on implementation of this Recommendation will be considered at its 25th meeting on 26 November 1993. Further action will be determined by the Council at that time.

Contact Officer

Mr D J Taylor Secretary Ministerial Council on the Administration of Justice Telephone (06) 270 2426 Facsimile (06) 270 2291

60 — Recommendation Report»

YOUNG ABORIGINAL PEOPLE AND THE JUVENILE JUSTICE SYSTEM Recommendation 62

Recommendation 62

The Commonwealth responded:

The Commonwealth will seek to implement a comprehensive national Abo­ riginal and Torres Strait Islander Youth Strategy to assist local communities to address youth issues. A key focus of the strategy will be on reducing the rate at which Aboriginal juveniles are involved in the welfare and criminal justice

system. It will emphasise the involvement of parents, elders and other commu­ nity bodies in planning and implementing local strategies.

The Commonwealth will also ensure agencies which administer programs and services relevant to Aboriginal and Torres Strait Islander youth, give priority to community needs, develop information and communication systems to ensure local communities are fully informed o f programs and services, and

develop their own plans in conjunction with Aboriginal and Torres Strait Islander Commission Regional Councils.

1992-93 report

The Royal Commission recognised the widespread problems faced by young Aboriginal and Torres Strait Islander people. It encouraged government and Aboriginal and Torres Strait Islander organisations to develop solutions jointly.

An evaluation of the Government’s Youth Social Justice Strategy in 1991 ad­ dressed the issue of access by disadvantaged young people to adequate income support, accommodation, health care, employment, education and training. This led to the recognition of young Aboriginal and Torres Strait Islander people and

young offenders as priority groups to be targeted as part of the Strategy. The evaluation also supported the need for a co-ordinated approach to service disadvan­ taged young people.

As a result of this evaluation an Aboriginal and Torres Strait Islander Youth Working Group was convened in December 1991. It is a sub-committee of the National Youth Strategy Steering Committee, an inter-departmental committee which has responsibility for the strategy. The Working Group is chaired by ATSIC,

Recommendation Reports--- 61

participating in the overall review of the Youth Social Justice Strategy; and

identifying the needs of young women. A paper on the participation of young women in Youth Social Justice Strategy initiatives is being prepared, with an emphasis on disadvantaged young women.

Contact Officer

Ms Helen McDevitt Youth Bureau Department o f Employment, Education and Training Telephone (06) 276 8224 Facsimile (06) 276 8197

Recommendation Reports---- 63

THE HARMFUL USE OF ALCOHOL AND OTHER DRUGS Recommendations 6 3 -7 1

Recommendation 63

The Commonwealth responded:

The Commonwealth, in accordance with the Aboriginal Health Development Group and the National Aboriginal Health Strategy recommendations, will refer the matter of an appropriate advisory mechanism for substance abuse issues to the Council for Aboriginal Health. The Council is an independent

body which acts as a Standing Committee to the Australian Health Ministers’ Council and the Australian Aboriginal Affairs Council. It has representatives from Aboriginal and Torres Strait Islander communities and Common­ wealth, State and Territory Government Departments with health program responsibilities.

The Commonwealth supports the recommended establishment of a National Aboriginal Substance Abuse Task Force, and will seek the advice of the Aboriginal and Torres Strait Islander Commission on appropriate arrange­ ments.

1992-93 report

This issue was referred to the Council for Aboriginal Health, which did not meet during the 1992-93 financial year. However, the Task Force on Substance Abuse was established in 1992 as a Section 13(1) advisory body to the ATSIC Board of Commissioners. Membership of the Task Force is:

• a Commissioner nominated by the Board as Task Force Chairperson;

a representative of the Health and Community Development Branch of ATSIC;

nine community members representing the States, Territories and the Torres Strait Islands; and

two representatives nominated by the National Drug Strategy Committee.

6 4 — Recommendation Reports

The Task Force has the following Terms of Reference:

1. examine the social and health problems which Aboriginal people experience as a consequence of alcohol and substance abuse;

2. assess the needs in this area and the means to fulfil these needs;

3. recommend on the distribution and type of substance abuse services Aus­ tralia-wide;

4. develop program performance indicators and evaluation methodology; and

5. advise on possible strategies for negotiation with governments regarding substance abuse funding responsibilities.

Three meetings of the Task Force have been held, in December 1992, April and August 1993.

The Task Force plans to meet each quarter during 1993-94. A working schedule for the Task Force to advise the ATSIC Board of Commissioners on each Term of Reference has been agreed to. This will culminate in a review of Task Force deliberations in December 1994.

The reports on Recommendations 64-71,80 and 280-288 also relate to this matter.

Contact Officer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation Reports ' — 6 5

ATSIC has assisted with the National Drug Strategy by assessing research grants by Aboriginal and Torres Strait Islander individuals and community organisations during 1992-93.

The National Health and Medical Research Council continues to emphasise indigenous health as a special area for research. In 1992-93, the Council funded 32 projects of particular relevance to Aboriginal and Torres Strait Islander health at a cost of $2.3m. This included more than $277,000 towards research into kidney

disease among Aboriginal peoples and Torres Strait Islanders, and more than $170,000 for studies related to nutrition and dietary intake.

The Council for Aboriginal Health agreed at its June 1992 meeting that the National Health and Medical Research Council (NH&MRC): Guidelines on Ethics in Research Involving Aboriginal People should be distributed to communities, via State Tripartite Forums which provide advice on Aboriginal health issues, to

ascertain their views. Those views would then be presented to the Council for Aboriginal Health for their consideration.

However, the Council for Aboriginal Health did not meet in the 1992-93 financial year and it became necessary to seek alternate avenues of consultation on the guidelines.

Contact Officer

Mr Jim Kennedy Health Development Branch Department o f Health, Housing, Local Government and Community Services

Telephone (06)289 8125 Facsimile (06) 289 8483

Recommendation Reports---- 6 7

Recommendation 65

The Commonwealth responded:

The Commonwealth will refer this Recommendation to the next meeting of the Ministerial Council on Drug Strategy.

1992-93 report

The Ministerial Council on Drug Strategy has approved a National Drug Strategic Plan for implementation under the National Drug Strategy. The implementation and monitoring of the National Drug Strategic Plan is the responsibility of a National Drug Strategy Committee and Aboriginal and Torres Strait Islander people are acknowledged as a priority group in the Plan.

In August 1992, the National Drug Strategy Committee requested a review of all data collections that made up the National Drug Abuse Data System. This resulted in a call for a more regular and comprehensive series of surveys to meet the data needs of the plan. As a consequence, the first in such a series of surveys, focusing on Aboriginal and Torres Strait Islander drug use, is being co-ordinated by the Department of Health, Housing, Local Government and Community Services and representatives from ATSIC. The first survey will be conducted late in 1993 and will be repeated in 1995 and 1997.

In addition, the Task Force on Substance Abuse, consisting of Aboriginal and Torres Strait Islander community representatives and officers from the Common­ wealth and State governments, is identifying research priorities as they relate to the patterns, causes and consequences of Aboriginal and Torres Strait Islander peo­ ple’s alcohol and other drug use.

ATSIC is also involved with the National Centre for Research in the Prevention of Drug Abuse at Curtin University, in developing a database on alcohol and other drug services. This database will provide evaluation information on all services.

In 1993-94, this database should be sufficiently advanced to allow the Task Force on Substance Abuse to report findings to the ATSIC Board of Commissioners.

It is also expected that the final report of the Drug Use Survey will be available during 1994 to further assist the Task Force in reporting to the ATSIC Board of Commissioners.

f> 8 ---- Recommendation Reports

Contact Officer

Ms Julie Draper Drugs of Dependence Branch Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8666 Facsimile (06) 289 8456

Recommendation Reports----

Recommendation 66

The Commonwealth responded:

The Commonwealth has identified research into Aboriginal and Torres Strait Islander alcohol and other drug use as a priority for funding.

1992-93 report

The Commonwealth has identified research into Aboriginal and Torres Strait Islander alcohol and other drug use as a priority for funding.

In 1992-93, the National Drug Strategy, operating under the Department of Health, Housing, Local Government and Community Services, provided administrative funds to the National Centre for Research in the Prevention of Drug Abuse at Curtin University in Perth, and the National Drug and Alcohol Research Centre at the University of New South Wales, of $833,275 and $979,341 respectively.

As a part of the funding arrangements, these centres are required to submit their draft strategic plans to the Department. They include suggestions by the Common­ wealth on the direction of research, and Aboriginal and Torres Strait Islander priorities.

As well as this funding, these Centres can, like any other organisation, apply for additional grants under the National Drug Strategy.

ATSIC is also working with the National Centre for Research in the Prevention of Drug Abuse in the development of an alcohol and other drug services database. It will provide evaluation information on all current services. This project has an Aboriginal Research Associate and it is anticipated that the research assistant position will be reserved for an Aboriginal graduate.

Contact Officer

Mr Roger Allnutt Drugs of Dependence Branch Department of Health, Housing, Local Government and Community Services Telephone (06)289 7816 Facsimile (06) 289 8456

7 0 ---- Recommendation Report»

Recommendation 67

The Commonwealth responded:

The Commonwealth has instigated a program of data collection and research through the Australian Institute of Health.

1992-93 report

The Ministerial Council on Drug Strategy has approved a National Drug Strategic Plan for implementation under the National Drug Strategy. The implementation and monitoring of the National Drug Strategic Plan is the responsibility of the National Drug Strategy Committee, and Aboriginal peoples and Torres Strait

Islanders are acknowledged in the Plan as a priority group.

In August 1992, the National Drug Strategy Committee requested a review of all data collections that made up the National Drug Abuse Data System. This resulted in a call for a more regular and comprehensive series of surveys to meet the data needs of the plan.

The National Drug Abuse Data System no longer exists as a discrete entity, having become simply the data collection component of the National Drug Strategy. However, drug-related Aboriginal and Torres Strait Islander information is a data collection priority. The first in a series of surveys focusing on Aboriginal and Torres Strait Islander drug use is being co-ordinated by the DHHLGCS and representatives from ATSIC. The first survey will be conducted late in 1993 and

will be repeated in 1995 and 1997.

The Australian Institute of Health and Welfare has also had negotiations with all States and Territories on how to improve data collections. Institute representatives have met with a number of the State Tripartite Forums, which provide advice on Aboriginal health issues, to discuss how data can be made more relevant to

Aboriginal and Torres Strait Islander organisations and communities.

The Institute organised an Aboriginal health statistics workshop in late June, with State and Territory Health Departments and State Tripartite Forum representatives. It examined Aboriginal and Torres Strait Islander health and health-related issues. The Institute is also examining its existing data and new data requirements to see how it can be of more use.

Recommendation Reports---- 7 1

The report on Recommendation 270 also relates to this matter.

Contact Officer

Ms Julie Draper Drugs of Dependence Branch Department o f Health, Housing, Local Government and Community Services Telephone (06) 289 8666 Facsimile (06) 289 8456

---- Recommendation Reports

Recommendation 68

The Commonwealth responded:

The Commonwealth agrees that data sets are primarily a State and Territory responsibility. Negotiations on implementation o f the National Aboriginal Health Strategy have emphasised a co-operative approach based on the evaluation of outcomes rather than on joint agreements and inputs.

A set of National Aboriginal and Torres Strait Islander Health Goals and Targets (NATSIHGT) has been proposed as the basis for the measurement of national outcomes. An interim set of targets was endorsed by the Federal Government in December 1991. The goals and targets will cover a broad range

of health issues including health outcomes, access to health services, housing, infrastructure, participation in decision-making and training and employ­ ment.

It is anticipated that consultation with Aboriginal and Torres Strait Islander communities and the States and Territories on the interim NATSIHGT will start in February 1992. It will provide a framework for the future develop­ ment of appropriate data sets to evaluate progress on the National Aboriginal

Health Strategy and other programs for Aboriginal and Torres Strait Is­ lander communities.

1992-93 report

The Australian Institute of Health and Welfare has begun identifying deficiencies in the Aboriginal and Torres Strait Islander health information database. It has also negotiated with States and Territories for their support and continuous provision of information on the health of Aboriginal peoples and Torres Strait Islanders. States

and Territories, with the exception of Queensland, now identify Aboriginal and Torres Strait Islander people within their vital health statistics collections. Respon­ sibility for the collection of these statistics in Queensland rests with the Queensland

Minister for Consumer Affairs and Corrective Services.

In June 1993, the Institute convened an Aboriginal and Torres Strait Islander health statistics workshop in Brisbane. Representatives from the Aboriginal and Torres Strait Islander health areas of all State and Territory health authorities were brought together to discuss problems of health statistics and research, uniformity of data definitions and the type of data to be collected.

Recommendation Reports----- 73

The Institute was relying heavily on liaison and input from the Council for Aboriginal Health. Because the Council is under review, the Institute proceeded to refine the Aboriginal health database, and established contact with ATSIC. The Institute continues to work in close co-operation with that body.

Guidelines for the collection, analysis and use o f Aboriginal and Torres Strait Islander health statistics will be developed. This will involve working closely with a range of organisations including ATSIC, State and Territory Aboriginal health areas, and Aboriginal and Torres Strait Islander organisations.

The Institute also anticipates that further information will be generated by the collection of Aboriginal and Torres Strait Islander statistics under the recently- agreed National Health Information Agreement. The quality and timeliness of this collection will depend on the co-operation of State and Territory governments.

C ontact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

/ 4 ---- Recommendation Report»

Recommendation 69

The Commonwealth responded:

The Commonwealth has identified research into Aboriginal alcohol and other drug use as a priority for funding. Specific areas for immediate attention are to be identified by Aboriginal people, individuals, groups and agencies.

1992-93 report

The National Health and Medical Research Council continues to emphasise indigenous health as a special area for research. In 1992-93, the Council funded 32 projects of relevance to Aboriginal and Torres Strait Islander health at a cost of $2.3m.

Also, in 1992-93 the Department of Health, Housing, Local Government and Community Services, through its National Drug Strategy, approved funding of more than $ 1. lm for research and educational projects relating to alcohol and drug use among Aboriginal peoples and Torres Strait Islanders.

The Aboriginal and Torres Strait Islander Commission has assisted the National Drug Strategy by assessing a range of alcohol and other drug research proposals involving Aboriginal andTorres Strait Islander individuals and community organi­ sations.

Contact Officer

Mr Roger Allnutt Drugs of Dependence Branch Department of Health, Housing, Local Government and Community Services Telephone (06) 289 7816 Facsimile (06) 289 8456

Recommendation Reports----

Recommendation 70

The Commonwealth responded:

In response to this recommendation and other relevant recommendations related to alcohol and substance abuse, the Commonwealth will fund innova­ tive community-based proposals which address alcohol and other substance abuse problems through a comprehensive and integrated national program. The program will seek to provide for a mix of the following:

• day centres;

• sobering-up shelters; • detoxification services; • residential rehabilitation services; • treatment and training facilities (including cross-cultural training); • community education and awareness ; • transport programs for ex-prisoners and rehabilitees; • control measures on liquor availability e.g. licence control location and

hours of sale;

• employment through the Community Development Employment Pro­ gram (CDEP) to provide work as an alternative to drinking; • social and recreational activities with anti-grog themes; • promotion of grog-free environments; • night patrols;

• community Justice Panels; • early intervention;

• jail-based intervention; • brief intervention use of information kits/self-help; • petrol sniffing and other solvent abuse programs; • employee assistance programs; • training community residents in substance abuse control; • community action plans; • program development for remote communities; • regional Councils of Elders to provide cultural element of programs;

and

• social behaviour programs.

7 6 ---- Recommendation Report»

1992-93 report

Within its Interim Alcohol and other Drug Program Guidelines introduced during 1992-93, ATSIC recognises the host of factors that lead to alcohol and other drug misuse and related problems.

The Commission emphasises community-based initiatives which empower Abo­ riginal peoples and Torres Strait Islanders to make informed decisions about the use of alcohol and other drugs, and facilitate personal and community responsibility for addressing alcohol and other drug problems.

During 1992-93, ATSIC allocated $12. lm to community initiatives which address drug-related problems. Seventy-six projects were funded, ranging from prevention and education to early intervention and harm-minimisation.

The Commonwealth allocated $9.3m to the Department of Health, Housing, Local Government and Community Services over five years from 1992-93 towards a program to help prevent alcohol and other substance abuse. The Department’s major role in the program, which is to be implemented under the National Drug

Strategy, will be the development, implementation and evaluation of a range of education and prevention initiatives, and the National Aboriginal and Torres Strait Islander Adolescent Alcohol Media Campaign.

The media campaign themes and story-lines have been developed by Aboriginal communities in consultation with the Department, and artwork and logo design was undertaken by local Aboriginal artists nominated by the communities. Researchers have completed interviews with community representatives and youth as part of a

comprehensive evaluation, which included Aboriginal 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 Aboriginal and Torres Strait Islander people.

In addition, in 1992-93 the Department, through its National Drug Strategy, approved funding totalling more than $ 1. lm for research and educational projects relating to alcohol and drug use among Aboriginal and Torres Strait Islander people.

During 1993-94 the Task Force on Substance Abuse is expected to explain the causes of alcohol misuse to the Board of ATSIC Commissioners when addressing the social and health problems which Aboriginal and Torres Strait Islander people experience.

Recommendation Reports--- 77

The Program Reports on Alcohol and Other Substance Abuse, on pages 142 and 159 in Part III o f V olum e 1 also provide inform ation relevant to this

Recommendation.

The reports on Recommendations 63, 285 and 288 also relate to this matter.

Contact Officer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3217 Facsimile (06) 282 3601

7 8 — Recommendation Report*

Recommendation 71

The Commonwealth responded:

The Commonwealth will refer this matter to the Council for Aboriginal Health and the National Health and Medical Research Council.

1992-93 report

This issue was referred to the Council for Aboriginal Health, which did not meet during the 1992-93 financial year.

However, ATSIC’s Interim Alcohol and Other Drug Funding and Policy Guide­ lines, which were developed during 1992-93, encourage organisations to conduct appropriate research in this area.

In 1992-93 the Department of Health, Housing, Local Government and Commu­ nity Services, through its National Drug Strategy, also approved funding of more than $ 1.1m for research and educational projects relating to alcohol and drug use among Aboriginal peoples and Torres Strait Islanders.

Contact Officer

Mr Jim Kennedy Health Development Branch Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Reports---- 79

SCHOOLING Recommendation 72

Recommendation 72

The Commonwealth responded:

Although the primary responsibility for addressing truancy problems lies with State and Territory governments, the Commonwealth’s National Abo­ riginal Education Policy is already providing programs which directly impact upon this problem:

• the Aboriginal Student Support and Parent Awareness program is designed to increase Aboriginal participation rates by involving the parents of Aboriginal students in the school decision-making process;

• the Aboriginal Tutorial Assistance Scheme provides specific remedial education assistance. It provides academic support and encourages success in the school system and increased participation;

• the Vocational and Educational Guidance Assistance Scheme provides advice and information for Aboriginal students on educational and career opportunities. Motivational activities provided by this program encourage both primary and secondary students to continue in educa­ tion; and

• the employment of Aboriginal and Islander Education Workers under the Aboriginal Education Strategic Initiatives Program was recog­ nised by the Royal Commission Report as playing a vital role in addressing the problem of truancy in schools.

The Commonwealth will seek to work with the States to build on these initiatives.

1992-93 report

I he Aboriginal and Torres Strait Islander Education Workers program, a Royal Commission initiative, aims to address this Recommendation as well as Recom­ mendation 297. The Program Report, Aboriginal and Torres Strait Islander Education Workers, in Volume 1, Part ΙΠ, also deals with this program.

Recommendation Reports

Bids for additional funding under the Aboriginal Education Strategic Initiatives Program (AESIP) have been identified in the 1993 Operational Plans for State and Territory government schools and non-government schools for the employment of Aboriginal and Torres Strait Islander Education Workers.

All funding under AESIP for this Recommendation has been allocated for 1993. Funding for 1994 and 1995 will be allocated nationally by December 1993. Funding for 1996-97 will be allocated in the context o f AESIP funding for the third National Aboriginal and Torres Strait Islander Education Policy triennium. $2.5m

was allocated for the 1993 calendar year, of which $ lm was expended by 30 June 1993. This funding should allow for the employment of 75 additional Aboriginal Education Workers for 1993. Actual figures will be known early in 1994.

The Aboriginal and Torres Strait Islander Education Workers program aims to increase the total number of education workers from 800 to 1,000 by 1996-97.

All education providers are required to develop operational plans in consultation with their Aboriginal and Torres Strait Islander community. All AESIP recipients for the first triennium submitted operational plans for the second triennium. Aboriginal and Torres Strait Islander involvement in the implementation and

monitoring of strategic initiatives funded under AESIP, including funding for the employment of education workers, is one of the terms and conditions under which this funding is allocated. AESIP recipients are required to report twice annually on the expenditure of AESIP funds, and annually on the educational outcomes of the

agreed initiatives. There were no funds specifically for additional Aboriginal Education W orkers in 1992. Outcomes for 1993 expenditure will be available in February 1994.

Contact Officer

Ms Julia Forrest Post-compulsory and Aboriginal Education Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

Recommendation Report»---- 81

HOUSING AND INFRASTRUCTURE Recommendations 7 3 - 7 6

Recommendation 73

The Commonwealth responded:

The Commonwealth supports the Recommendation. It notes that it is already possible within the Aboriginal and Torres Strait Islander Commission’s Community Housing Infrastructure Program to meet the requirements. Building consultants engaged by Aboriginal and Torres Strait Islander organisations provide plans of houses for community perusal and approval. The communities decide on the design and location of the houses.

The Commonwealth is negotiating with State and Territory governments to ensure that there is a consistent approach to housing and infrastructure planning under the Commonwealth-State Housing A greem ent.

ATSIC w ill review program guidelines and policy. It will also negotiate with Regional Councils to ensure adequate and appropriate consultation on hous­ ing and infrastructure planning with Aboriginal and Torres Strait Islander communities and prospective tenants.

The Commonwealth will negotiate arrangements with State and Territory governments for the Commonwealth-State Housing Agreement’s Aboriginal Rental Housing Program to be broad-banded with ATSIC’s CHIP funding. This is consistent with the recommendations of the Australian Aboriginal Affairs Council (AAAC) Report. The channelling of Aboriginal Rental Housing

Program funds through ATSIC will increase flexibility in the planning and funding of Aboriginal and Torres Strait Islander housing requirements.

1 he Federal Parliament, in the preamble to the Council fo r Aboriginal Reconciliation Act 1991, called for a national commitment from governments to co-operate and co-ordinate with ATSIC to address Aboriginal and Torres Strait Islander disadvantage and aspirations in relation to housing as part of the reconciliation process. The Commonwealth will be seeking to foster further efforts to address Aboriginal and Torres Strait Islander housing disadvantage as an important part of the process of reconciliation.

B 2 ---- Recommendation Report,

1992-93 report

Through negotiations with the States and Territories, the Commonwealth is continuing to work on the development of new arrangements for planning and delivery of housing for Aboriginal and Torres Strait Islander people. These will integrate housing programs currently funded and administered by various agen­

cies.

Relationships should improve, and allow for more co-ordinated and culturally- appropriate housing and infrastructure services. It will also provide opportunities for increased involvement by Aboriginal peoples and Torres Strait Islanders in the decision-making processes. That should eliminate some of the disadvantages they face and enhance opportunities for empowerment and self-determination.

Based on the recommendations in the report of the Australian Aboriginal Affairs Council, the National Commitment to Improved Outcomes in the Delivery of Services to Aboriginal and Torres Strait Islander People was endorsed by the Council o f Australian Governments in late 1992. Under this framework — and

supported by the Report of the Royal Commission into Aboriginal Deaths in Custody — the Government is moving to channel the Aboriginal Rental Housing Program of the Commonwealth-State Housing Agreement through ATSIC. ATSIC and the Department of Health, Housing, Local Government and Community

Services have negotiated with State and Territory governments on bilateral agreements to achieve this aim. Those negotiations have been based upon a number of objectives:

• self-determination and self-management by Aboriginal peoples and Torres Strait Islanders in the planning, decision-making, management and evalu­ ation of housing provision;

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

• increased equity for Aboriginal and Torres Strait Islander housing within national funding and housing policy; and

• increased efficiency in the delivery of housing services, and increased public accountability for funds and assets allocated.

Outcomes of discussions with State and Territory Governments on the channelling of Aboriginal Rental Housing Program funds through ATSIC are as follows:

Recommendation Reports---- 83

Northern Territory The Territory supports the proposed new arrangements. They would give the current Ministerial Advisory Committee more power to control the Aboriginal Rental Housing Program on the basis of ATSIC’s elected arm being an equal

partner. The Northern Territory Government has indicated that it proposes to increase its contribution, subject to confirmation, in the 1993-94 budget.

Queensland A negotiating team has been established to discuss and finalise a single option. Regional Councils will be consulted and their comments taken into consideration.

Further discussions may be held to explore the links between the option and initiatives being undertaken by the State Government.

Western Australia Meetings have been held with various parties including ATSIC, Housing Board of WA, Department of Health, Housing, Local Government and Community Serv­ ices, WA Aboriginal Affairs Planning Authority and Homeswest.

Three ATSIC Zone meetings endorsed the development of a joint Commonwealth/ State Aboriginal Housing and Infrastructure Authority. An interim working party will be established to develop an Aboriginal Housing and Infrastructure Authority, and Commonwealth/State funds for Aboriginal housing in WA will be streamlined.

NSW The NSW State Government generally supports the proposed new arrangements and has separately begun a review of decision-making processes for Aboriginal housing in the State. The review outcomes will influence the final bilateral agreement.

A Commonwealth-State Working Group has been established to discuss the role and responsibilities o f the interim Aboriginal Housing Advisory Board and the drafting of the bilateral agreements.

Victoria The State Government supports exploring options to increase co-ordination. The Aboriginal Housing Board has prepared a model which involves the creation of a Victorian Aboriginal Housing Planning Authority to undertake strategic planning, needs assessment, program evaluation, community development and the allocation of funds. The Board has consulted with Regional Councils and will consider their comments. Further consideration of a bilateral agreement is scheduled.

8 4 ---- Recommendation Reports

South Australia The South Australian Government has reviewed arrangements for the delivery of Aboriginal housing. As a result, it is creating an interim housing advisory group, with equal representation from ATSIC’s elected arm, for 12 months. The State

Government supports using this approach to co-ordinate decision-making for both programs. Earlier this year the ATSIC State Advisory Committee resolved to support measures to improve co-ordination. Further discussions on a bilateral agreement are planned.

Tasmania The Tasmanian Government has agreed on the terms of reference for a new joint working party to develop options for the provision of Aboriginal housing. It is

recognised that the Tasmanian situation might differ from other States and Territories.

In addition to a major focus on the Aboriginal Rental Housing Program, ATSIC undertook a number of other initiatives which contributed to the provision of appropriate housing for Aboriginal peoples and Torres Strait Islanders.

As part of its commitment to encourage appropriately-designed and located housing, ATSIC provides funding to Aboriginal and Torres Strait Islander organi­ sations to undertake feasibilities studies and housing development plans prior to the commencement of housing and infrastructure projects. Aboriginal organisations

which receive funding from ATSIC are responsible for the design and siting of housing.

The Community Housing and Infrastructure Program (CHIP) policy was reviewed during 1992-93 to ensure that the policy reflected the housing and infrastructure needs and priorities, including cultural perceptions, of Aboriginal and Torres Strait Islander communities. The ATSIC Board of Commissioners endorsed the final

CHIP policy in June 1993, after broad community consultation.

The Commonwealth continues to emphasise that housing provided by the States and Territories for Aboriginal peoples and Torres Strait Islanders under the Commonwealth-S tate Housing Agreement must be appropriate to their require­ ments, and developed in close consultation with the community. Funding under the

agreement allows for design and consultation processes.

Individual States and Territories also addressed this Recommendation through negotiations with State Tripartite Health Forums, State Advisory Committees and Aboriginal Land Councils.

Recommendation Reports--- 85

In 1993-94, ATSIC will continue to provide funds to Aboriginal and Torres Strait Islander organisations for feasibility studies and housing development plans prior to the commencement o f housing and infrastructure projects. The amount allocated depends on the deliberations o f the Regional Councils.

ATSIC held a housing conference (The Indigenous Australians Shelter Confer­ ence) in Brisbane in November 1993. The conference provided a forum for a wide variety of agencies, organisations and individuals involved in the housing and infrastructure industry to exchange information and ideas in the International Year of the W orld’s Indigenous Peoples. The conference facilitated discussions on a range of issues including housing initiatives and design, organisational and asset management, technology, training, home ownership and tenancy matters.

The bilateral agreements between the Commonwealth and State and Territory governments to channel the Aboriginal Rental Housing Program of the Common­ wealth/State Housing Agreement through ATSIC are expected to be in place in 1994-95. This will increase flexibility in planning and funding Aboriginal and

Torres Strait Islander housing requirements, as well as ensuring Aboriginal involvement at the State level.

The reports on Recommendations 74 and 323 also relate to this matter.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

8 6 —

Recommendation 74

The Commonwealth responded:

The Commonwealth supports this Recommendation. The Aboriginal and Torres Strait Islander Commission recognises the important role of the Centre for Appropriate Technology (CAT) in improving the lifestyle of those living in remote areas. CAT provides appropriate technical solutions to

specific problems raised by Aboriginal and Torres Strait Islander communi­ ties and individuals. Its programs concentrate on information dissemination, practical problem-solving and skills training in relation to essential services, shelter technologies, transport and communications.

ATSIC's funding to CAT in 1991-92 was $130,597. It also provided $80,573 for the Monolite Shelter Research and Development Project. This project will research and develop an innovative shelter solution for the Walungurru Council, using a technology already trialed at CAT’s premises in Alice

Springs. The project includes a cluster housing concept which addresses the lifestyle preferences at Kintore. The project maximises community involve­ ment in order to produce solutions to problems of housing and maintenance that are both functional and durable. The project is expected to begin in 1991­

92.

ATSIC will consult with CAT to determine how to take better advantage of the services it provides, and to discuss what additional support would enable CAT to work nationally.

ATSIC will also review Community Housing and Infrastructure Program Policy guidelines to determine how best to provide opportunities for other research and development.

1992-93 report

ATSIC allocated $131,200 in 1990-91, and $130,597 in 1991-92 to the Centre for Appropriate Technology.

The Commonwealth supports CAT's work in improving the lifestyle of Aboriginal and Torres Strait Islander people living in remote areas. Pilot projects are being funded by the Commonwealth through ATSIC and the Australian Housing Re­ search Council.

Recommendation Reports---- 87

In 1992-93 ATSIC allocated $136,203 to the Centre for research and development operational costs. This funding is used to contribute to the salaries of the Director and a technical officer. Part of the funding is also used to buy materials to produce appropriate technology and research and development, which in turn provides employment for Aboriginal and Torres Strait Islander people.

ATSIC has allocated $140,561 to the Centre for the financial year 1993-94.

The report on Recommendation 73 also relates to this matter.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

8 8 ---- Recommendation Reports

Recommendation 75

The Commonwealth responded:

The Commonwealth’s position on local government funding is set out in the response to Recommendation 200. The specific problem of local roads fund­ ing is complex. The Commonwealth has now decided to untie local roads funds and to include them as part of the general purpose assistance to local

government.

Under the new arrangements, the Commonwealth will ensure that Aboriginal and Torres Strait Islander local governing communities gain fair and equita­ ble road funding. This will be achieved primarily through the States and Territories developing principles of distribution which will require approval

by the Commonwealth Minister of Local Government.

1992-93 report

Local Government Grants Commissions in all States except W estern Australia recognise access roads to Aboriginal communities in determining Councils’ entitlement to Commonwealth identified local roads grants. In Western Australia negotiations are continuing between the Grants Commission and affected councils

towards the recognition of internal community roads.

In Western Australia and Victoria, project allocations have been made to councils from the local roads grant pool to improve public roads which provide access to Aboriginal and Torres Strait Islander communities. In Western Australia, these funds were supplemented by the State Government.

Councils are being encouraged by Local Government Grants Commissions to maintain roads in Aboriginal and Torres Strait Islander communities and are being advised that their local roads grant includes an allowance for these roads.

Some States have revised their road grant distribution principles to classify roads within Aboriginal and Torres Strait Islander communities as 'sealed' roads. This classification causes these roads to attract a higher level of grant and means that they receive the same level of grant as sealed township roads. The net result is a

higher level of funding, enabling communities to have more community roads sealed.

Recommendation Reports----

In 1992-93 road grants totalling $4.1m were provided for the first time to Aboriginal and Torres Strait Islander communities recognised as performing local government functions in the Northern Territory. The Local Government Associa­ tion of the Northern Territory, which represents all local governing bodies, was also consulted in developing the associated arrangements.

The following difficulties exist in the provision of road grants to Aboriginal and Torres Strait Islander communities and are the subject of continuing discussions:

• with no prior involvement in road maintenance, many communities require staff training to develop the necessary technical expertise to perform this function;

• responsibility for roads providing access to more than one community needs to be attributed to a suitable body. This also applies to public roads crossing Aboriginal and Torres Strait Islander lands;

• the level of funding provided to small communities is not sufficient to sustain a viable road-maintenance program, and the remoteness of many communi­ ties makes short-term hire of the necessary equipment difficult;

• the level and nature of assistance to be provided by the Northern Territory Government to community access roads.

Contact Officer

Mr Alex Blake Office of Local Government Department of Health, Housing, Local Government and Community Services Telephone (06) 289 5520 Facsimile (06) 289 5623

9 0 — Recommendation Reports

Recommendation 76

The Commonwealth responded:

The Commonwealth, through the Aboriginal and Torres Strait Islander Commission, has promoted the report referred to in the Recommendation and design guide, and circulates them widely.

It is now timely to consider an update and further development of the Unwankara Palyanyku Kanyintjaku (UPK) community planning model. ATSIC will consult with Nganampa Health to determine what assistance it may require to achieve this.

1992-93 report

The Uwankara Palyanku Kanyintujaku Report was sponsored by the South Australian Health Commission, Nganampa Health Council and the Aboriginal Health Organisation of South Australia.

ATSIC believes that the UPK Report breaks new ground in tackling health issues in remote communities in a commonsense and practical way by:

• prescribing a list of healthy living practices and the health hardware neces­ sary for those practices to be conducted. In order of priority these living practices are washing people, washing clothes and bedding, waste removal, nutrition, reduced crowding, separation of dogs and children, dust control,

temperature control, and reduction of trauma;

• the introduction of more effective management at local level and arrange­ ments for improved co-ordination with States and Commonwealth agencies through Anangu Pitjantjatjara;

• ensuring that public and environmental health is high on the agenda of Anangu.

Some results emerging from the UPK Report which may be of help more generally in framing health issues include:

• the defining of services which health clinics should cover;

Recommendation Reports

• the principal goals and strategies which should underpin a comprehensive service;

• the high returns in terms of health status likely from relatively low cost activities through health hardware (for example, hot and cold water outlets, waste disposal, generators) and the work o f environmental health officers.

The concept combines health and housing action through a low-cost targeted program. The spin-offs in design of kitchens, yards, toilet blocks and other wet areas are already considerable, including useful feedback to the housing authorities in South Australia.

ATSIC fully supports the findings of the Report. ATSIC has adopted a policy of incorporating initiatives flowing from the Report into projects which receive ATSIC funding. The standards outlined in the Report for service delivery in remote communities are being used as guidelines for ATSIC-funded projects in South Australia.

The final UPK Report is due by the end of 1993. It is likely to show considerable gains for the communities in health status and other indicators such as dramatically reduced admissions to health services.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

---- Recommendation Report?

SELF-DETERMINATION AND LOCAL GOVERNMENT Recommendation 78

Recommendation 78

The Commonwealth responded:

The Commonwealth is aware that its decisions to withdraw from the Aero­ drome Local Ownership Plan (ALOP) may impinge on the access and equity needs of small and remote communities. The Commonwealth is therefore providing social benefit subsidies for non-viable aerodromes where the aero­

dromes are essential for the maintenance of a reasonable level of social amenity.

The subsidies are provided as once-off capitalised grants; the amount depends on the Commonwealth’s average maintenance and operating costs at the aerodrome.

There were seven aerodromes participating in the ALOP (Aurukun, Bamaga, Doomadgee, Mornington Island, Kowanyama, Pormpuraaw and Balgo Hill) and three Commonwealth aerodromes (Thursday Island, Lockhart River and Coen) directly serving Aboriginal and Torres Strait Islander communities.

Under the new arrangements, all of these aerodromes are eligible for 100 per cent social benefit subsidies, except Thursday Island and Bamaga which have been assessed as viable.

The subsidies are paid to the local councils on the transfer of Commonwealth aerodromes, or the withdrawal of aerodromes from the ALOP to cover future maintenance and operating costs.

Two of the participants in the ALOP (Mornington Island and Pormpuraaw) have already withdrawn from the plan. Aurukun withdrew on 1 March 1992 and the transfer of Coen to full local ownership occurred on 2 March 1992. Bamaga withdrew on 31 March 1992 and Kowanyama has agreed to with­

draw on 17 April 1992. Negotiations are continuing for the withdrawal or transfer of the remaining aerodromes.

The Commonwealth’s new ALOP arrangements will not result in aerodrome safety being compromised. Aerodrome operators, whether participating in the ALOP or not, are responsible for maintaining their aerodromes in compliance with Civil Aviation Authority (CAA) regulations and standards.

Recommendation Reports----- 9 3

The CAA, in finalising Aviation Regulatory Proposal 91/4 (which proposes changes to licensing criteria and inspections o f aerodromes by the CAA), has indicated that it will consult with appropriate agencies at the Federal, State and local levels to work out the best means of delivering aviation services to Aboriginal and Torres Strait Islanders, and funding such services.

The Commonwealth, through the Australian Construction Services, will report on airstrip maintenance and safety requirements for Aboriginal and Torres Strait Islander communities.

1992-93 report

Commonwealth funding of the aerodromes under the Aerodrome Local Ownership Plan ceased on 30 June 1993. Thursday Island community was provided with a withdrawal grant of $4.4m in 1992-93.

Ownership and responsibility for maintenance of aerodromes have been trans­ ferred to nine Aboriginal and Torres Strait Islander communities to allow each to develop its aerodrome to suit its requirements. Provision was made for special social benefit subsidies for maintenance of eight non-viable aerodromes.

To facilitate the completion of the ALOP program, the Commonwealth has provided maintenance grants to bring the aerodromes to reasonable order, and one- off social subsidy benefits, where appropriate.

'Hie Lockhart River community was the last to reach agreement to accept ownership. It has accepted a grant of $330,000 and a social benefit subsidy of $2.79m, which will be paid in 1993-94. That will complete the new arrangements.

Civil Aviation Authority inspectors are still carrying out safety inspections on aerodromes serving remote Aboriginal and Torres Strait Islander communities located above the 19th parallel. The inspections are funded by a special $300,000 yearly Commonwealth grant.

Contact Officer

Mr John van der Straaten Policy Co-ordination Branch Department of Transport and Communications Telephone (06) 274 7698 Facsimile (06) 274 6046

9 4 ---- Recommendation Reports

DIVERSION FROM POLICE CUSTODY Recommendations 80 - 90

Recommendation 80

The Commonwealth responded:

While the main responsibility for this Recommendation is with the States and Territories, the Commonwealth will seek to work with the States and Terri­ tories to ensure that facilities are available. In particular, the Commonwealth will discuss with the Australian Capital Territory Government strategies for implementing this Recommendation in Jervis Bay.

1992-93 report

Project funding has been shared by ATSIC and the Victorian State Government from 1988-89 to 1992-93. It has established eight sobering-up centres which are owned and operated by Victorian community organisations in Mildura, Swan Hill, Echuca, Shepparton, Melbourne, W arm am bool, Morwell and Baimsdale.

In Western Australia, four sobering-up shelters were established in Perth, Halls Creek, Port Hedland and Fitzroy Crossing. The State Government, through the Alcohol and Drug Authority, continues to provide funding.

Each sobering-up shelter is reported to be operating effectively and reducing the numbers of people incarcerated for alcohol-related matters. Management commit­ tees have been established in each Western Australian location. They comprise members of the Aboriginal community, police, health, local government and

representatives of the funded organisations.

ATSIC funding was also provided to the Marra W orra Worra organisation to establish an alcohol patrol, and to the Garl Garl Association for a sobering-up centre/safe house.

In the Northern Territory, ATSIC provided expanded capital funding for alcohol programs at four sobering-up shelters in Alice Springs, Darwin, Katherine and Tennant Creek.

In South Australia, a mobile assistance patrol established at Port Augusta now has powers under the Local Government Act. Kalparrin Inc was also provided with

Recommendation Reports --- 95

funding to establish an overnight shelter. Through the National Drug Strategy, more than $600,000 was applied to projects investigating the establishment of culturally-appropriate alcohol treatment and rehabilitation services, including residential services of a non-custodial type.

At present there are no non-custodial facilities in the Jervis Bay Tetritory. The ACT Government has allocated funds with a view to examining, in consultation with representatives of the ACT Aboriginal community, the establishment of a pro­ claimed place in the ACT. The feasibility of establishing a proclaimed place in the Jervis Bay Territory will also be examined.

ATSIC will continue to liaise with Aboriginal and Torres Strait Islander commu­ nities and State and Territory governments to ensure that programs are available to provide non-custodial facilities for intoxicated people. In particular, the Commis­ sion will enter into discussions with the Alcohol and Other Drug Aboriginal Advisory Group of the Australian Capital Territory Government.

The reports on Recommendations 63,70,80 285 and 287 also relate to this matter.

Contact Officer

Mr Peter Gillin 1 lealth and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

9 6 — Recommendation Reports

Recommendation 81

The Commonwealth responded:

The Commonwealth will discuss strategies for implementing this Recommen­ dation at Jervis Bay with the Australian Capital Territory G overnm ent.

1992-93 report

The Commonwealth will discuss with the Australian Capital Territory Govern­ ment strategies for implementing this Recommendation at Jervis Bay.

Contact Officer

Mr Chris Whyte Federal Justice Office Attorney-General ’ s Department

Telephone (06) 270 2227 Facsimile (06) 270 2331

Recommendation Reports---- 9 7

Recommendation 85

The Commonwealth responded:

Drunkenness in a public place was decriminalised in the Australian Capital Territory in 1983, and this extends to the Jervis Bay Territory. Section 351 Crimes Act 1900 (NSW) as applied in the Australian Capital Territory, allows protective custody until the person ceases to be drunk, or for eight hours after

being taken into custody, whatever occurs first. This can be done in the absence of any other appropriate place to take intoxicated persons. If there is any doubt as to the health and well-being of the intoxicated person, they are placed in the care of medical authorities.

The Australian Federal Police will monitor the legislation and make the results public.

1992-93 report

The Commonwealth has no plans to introduce dry areas in the Jervis Bay Territory but notes that it could do so, given that the Australian Capital Territory Liquor (Amendment) Act (No. 2) 1991, which applies in the Territory, prohibits the consumption of alcohol in a prescribed public place.

Drunkenness has been decriminalised in Jervis Bay Territory through application of ACT law. The AFP monitors the legislation where applicable in its national/ Territory responsibilities, and will publish the results.

The Recommendation is considered to be fully implemented.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

9 8 —

Recommendation 87

The Commonwealth responded:

The Commonwealth has implemented this Recommendation in the following ways:

a. the principle of arrest being the sanction o f last resort is contained in s. 8A(b), Commonwealth Crimes Act 1914;

b. Australian Federal Police (AFP) training and procedures reinforce the principle, as it is monitored by the AFP administration;

c. i. AFP officers are not paid an allowance on the basis of the number of arrests;

ii. a data base is kept and used for monitoring purposes;

iii. AFP supervisors already oversee the appropriateness of arrest practices;

iv. AFP officers are not promoted on the basis of the frequency of charges or arrests; and

v. AFP work processes do not encourage the use of arrest rather than proceeding by summons or caution; and

d. AFP procedures applying at Jervis Bay provide for formal caution procedures, and the Commonwealth Prosecution Policy provides that first offences for juveniles, where the offence is not serious, should be dealt with by caution. The AFP will consider extending its caution

procedures to its national operations.

1992-93 report

The Commonwealth has implemented this Recommendation in the following ways:

(a) the principle of arrest being the sanction of last resort is contained in s.8 A(b) of the Commonwealth Crimes Act 1914;

Recommendation Reports --- 99

(b) Australian Federal Police training and procedures reinforce the principle as it is monitored by the AFP administration;

(c) (i) AFP officers are not paid an allowance on the basis of the number of arrests;

(ii) a data base is kept and used for monitoring purposes;

(iii) AFP officers are not promoted on the basis of the frequency of charges or arrests;

(iv) AFP work processes do not encourage the use o f arrest rather than proceeding by summons or caution.

(d) AFP procedures applying at Jervis Bay provide for formal caution procedures and the Commonwealth Prosecution Policy provides that first offences by juve­ niles, where the offence is not serious, should be dealt with by caution. The AFP will consider extending its caution procedures to its national operations.

The current position is that ‘cautions' do not apply under the A FP’s national operation responsibilities, that is, outside the ACT Region, Jervis Bay and external territories community policing responsibilities.

In the Jervis Bay Territory, AFP members are liberal in the application of their caution discretionary powers. The AFP is reviewing the extension of cautions to national matters.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

1 00 ---- Recommendation Rpnurt,

Recommendation 88

The Commonwealth responded:

The Australian Federal Police will consult with the appropriate Jervis Bay Aboriginal organisation (including the Wreck Bay Consultative Council).

1992-93 report

AFP Jervis Bay members meet informally in their daily duties with members of the Wreck Bay Community Council. The Council has indicated it does not wish to have regimented regular meetings. Nevertheless good liaison and consultation occur both generally and on specific issues (for example, in the planning, building and

opening of the new Jervis Bay Police Station). The AFP considers, and there has been no indication otherwise from the Wreck Bay Community Council, that there is an appropriate level of policing in the Jervis Bay Territory. The AFP Jervis Bay Territory members maintain close liaison with the local community nurse, while respecting the necessary privacy of individual community members and patients.

AFP Jervis Bay Territory members are able to draw on skills imparted through ACT Regional Training and Aboriginal cross-cultural workshops to give police a better understanding of Aboriginal culture.

Jervis Bay processes have been developed and implemented in conjunction with the local community.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports---- 1 01

Recommendation 89

The Commonwealth responded:

From a national perspective the Commonwealth applies State and Territory Bail laws under s. 68(1) Judicial Act 1903. The Commonwealth believes it would be undesirable to establish a parallel system of bail for Commonwealth and State offenders. It would be unnecessarily confusing.

The Australian Federal Police will monitor the operation of the Australian Capital Territory bail legislation in its application to the Jervis Bay Territory.

1992-93 report

All entitlements to bail are being honoured. AFP Jervis Bay Territory members do all within their power to bail people as soon as possible, and they draw upon their extensive local knowledge to achieve a liberal response.

The requirements of this Recommendation have been implemented. They take into account views developed during liaison with the local community.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

102 — Recommendation Reports

Recommendation 90

The Commonwealth responded:

The Commonwealth will provide additional funding to the Aboriginal Legal Services to implement this Recommendation.

Australian Federal Police Regional and General Instructions address matters arising from this Recommendation — there is no difficulty in having a statutory requirement for the Officer in Charge of the Police Station to notify the person o f his or her right to apply for bail. If bail is refused, it is the duty

of the oncoming Officer in Charge to review the issue of bail, and to admit that person to bail if the grounds for the original refusal no longer exist or are not warranted.

1992-93 report

In 1992-93 ATSIC allocated an additional $9.7m to Aboriginal and Torres Strait Islander legal services for enhancement of their services. Expansions include increased access to legal representation, investigation and research into law reform, and advice to Aboriginal and Torres Strait Islander youth. This additional support represents a 52 per cent increase in the funding of these legal services. Determina­

tion of priorities for the use of these funds was a matter for each of the 22 organisations. Details are given in the Program Report Aboriginal Legal Services.

Special funding for enhanced services of Aboriginal and Torres Strait Islander legal services will continue over the next four years.

A review of the Australian Federal Police National Instructions is expected to be completed late in 1993. It may impact upon the part of the Recommendation concerning written notification to people seeking bail.

Recommendation Reports---- 1 03

Contact Officers

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

---- Recommendation Report*

IMPRISONMENT AS A LAST RESORT Recommendations 95 - 121

Recommendation 95

The Commonwealth responded:

While motor vehicle offences are not a problem in Jervis Bay or other Commonwealth Territories, the Commonwealth sees the imprisonment of Aboriginals in relation to motor vehicle offences as linked to the causes of Aboriginal incarceration as identified by the Royal Commission. The Com­ monwealth is determined to use every effort to ensure that the Common­ wealth, State and Territory governments design and implement programs, not only to reduce the incidence of offending, but also to divert offenders from

the criminal justice system.

1992-93 report

While motor vehicle offences are not a problem in Jervis Bay or other Common­ wealth Territories, the Commonwealth sees the imprisonment of Aboriginal and Torres Strait Islander people in relation to motor vehicle offences as linked to the causes of indigenous incarceration as identified by the Royal Commission. The

implementation of this Recommendation should therefore be viewed in light of the Commonwealth’s overall efforts to improve police relations with Aboriginal peoples and Torres Strait Islanders, as well as its efforts to use imprisonment as a last resort.

The Commonwealth is determined to use every effort to ensure that the Common­ wealth, State and Territory Governments design and implement programs, not only to reduce the incidence of offending, but also to divert offenders from the criminal justice system. To achieve this end, the Commonwealth has raised several key

Recommendations in Ministerial forums.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports---- 1 05

Recommendation 96

The Commonwealth responded:

Implementation of the Recommendation is mainly a matter for State and Territory governments. The Commonwealth is, however, supportive, and will act as a catalyst to develop relevant programs. The Government has referred the Recommendation to the Chief Executive Officers of Federal Courts, for implementation by the courts. The Attorney-General’s Department is devel­ oping a training and development program in conjunction with the Federal Courts and the Australian Institute of Judicial Administration. The program will involve participation by Aboriginal and Torres Strait Islander groups such as Aboriginal Legal Services.

1992-93 report

A meeting was held in Melbourne in November 1992, attended by judicial officers and representatives of Aboriginal and Torres Strait Islander organisations and Aboriginal and Torres Strait Islander legal services across Australia. As a result of that meeting, a pilot workshop on cross-cultural awareness, designed and delivered by the Aboriginal Community Research and Development Unit of Curtin

University, was held in Perth in May 1993. The Australian Institute of Judicial Administration is co-ordinating the program. Aboriginal and Torres Strait Islander legal services and other organisations are consulted in the design and delivery of the material for the project.

The unit used the skills, experience and expertise of four Aboriginal women in the workshop, and included gender-awareness modules. The Courts and Tribunals Branch of the Attorney-General ’ s Department has two staff engaged on the project, one of whom is Aboriginal.

There are plans to hold further cross-cultural awareness programs in other States and Territories during 1993-94. Improved administration and decision-making within the court systems should also enhance the access to the courts for indigenous people. $50,000 was allocated for the program in 1992-93.

Contact Officer

Mr John Williams-Mozley Courts and Tribunals Branch, Attorney General’s Department Telephone (06) 250 6351 Facsimile (06) 250 5904

1 0 6 ---- Recommendation Ren

Recommendation 97

The Commonwealth responded:

The Commonwealth will consult with Aboriginal Legal Services and other Aboriginal and Torres Strait Islander organisations. As Legal Aid Commis­ sions (LACs) and Community Legal Centres are also involved daily with Aboriginal and Torres Strait Islander people, representatives from these

organisations will be included in any consultations.

Further, the interpreters program will involve extensive liaison and consulta­ tion with Aboriginal and Torres Strait Islander groups, State and Federal Courts, and legal bodies including the Aboriginal Legal Service.

1992-93 report

A pilot workshop on cross-cultural awareness was held in Perth in May 1993. It followed recommendations from a meeting of judicial officers and representatives of the Aboriginal and Torres Strait Islander organisations and Aboriginal and Torres Strait Islander legal services in Melbourne in November 1992.

The legal services and other organisations are consulted in the design and delivery of the material for the project.

Contact Officer

Mr John Williams-Mozley Courts and Tribunals Branch Attorney General’s Department

Telephone (06) 250 6351 Facsimile (06) 250 5904

Recommendation Reports---- 1 0 7

Recommendation 99

The Commonwealth responded:

The Commonwealth Attorney-General’s Department has been funded to develop a program for the use of interpreters for Aboriginal people in the cou rts. The program involves liaison and consultation with Aboriginal groups, State and Federal Courts and legal bodies including the Aboriginal Legal Service. Commonwealth criminal investigation legislation, and the current draft of the Evidence Bill, both provide for interpreters. In Commonwealth criminal matters, and most civil matters, an interpreter will be provided at no cost.

1992-93 report

A pilot course was conducted in South Australia for Aboriginal Pitjantjatjara speakers. The course was conducted by the Adelaide College of Technical and Adult Further Education with lecturers in Pitjantjatjara provided by the Institute of Aboriginal Development in Alice Springs. Three people, including two women, graduated in 1992-93 to level 2 of the National Accreditation Authority of Translators and Interpreters standards in Pitjantjatjara language.

The Attorney-General ’ s Department co-ordinated the program in conjunction with the Adelaide College o f TAPE and the South Australian Court Services Depart­ ment. The Attorney-General’s Department is acutely aware of the need to address

issues — such as domestic violence and custody of children — which affect Aboriginal and Torres Strait Islander women, and to be sure that the system of justice is accessible and equitable. As a result, Aboriginal women and Torres Strait Islander women are encouraged to participate in the courses.

The Attorney-General’s Department is planning to support language courses in Torres Strait Islander Creole in Queensland, and further courses in the Pitjantjatjara language in other centres in South Australia.

Contact Officer

Mr Jim Walker Courts and Tribunals Branch Attorney General’s Department Telephone (06) 250 6351 Facsimile (06) 250 5904

108 — Recommendation Reports

Recommendation 100

The Commonwealth responded:

The Commonwealth has referred the Recommendation to the Chief Executive Officers of Federal Courts, for implementation by the courts.

Aboriginal staff will be employed and trained in line with the Australian Public Service Aboriginal Employment Strategy. A pilot program is being developed to train Aboriginals as interpreters in the courts, and in the criminal investigation process.

In addition, the Commonwealth has agreed to develop an accredited para­ legal training course for Aboriginal Legal Service Field Officers and other Aboriginal and Torres Strait Islander para-legal workers. The Common­ wealth is also willing to negotiate with the States and Territories on measures to encourage Aboriginal employment in courts.

1992-93 report

A pilot course was conducted in South Australia for Aboriginal Pitjantjatjara speakers. The course was conducted by the Adelaide College of Technical and Adult Further Education with lecturers in Pitjantjatjara from the Institute of Aboriginal Development in Alice Springs. Three people, including two women,

graduated during 1992-93 to level 2 of the National Accreditation Authority of Translators and Interpreters standards in Pitjantjatjara language.

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. The Attorney-General’s Department is acutely aware of the need to address issues — such as domestic violence and custody o f children — which affect

Aboriginal women and Torres Strait Islander women, and to be sure that the system of justice is accessible and equitable. As a result, Aboriginal women and Torres Strait Islander women are encouraged to participate in the courses.

Recommendation Reports---- 1 09

The Attorney-General’s Department is planning to support language courses in Torres Strait Islander Creole in Queensland, and further courses in thePitjantjatjara language in other centres in South Australia.

Contact Officer

Mr John Williams-Mozley Courts and Tribunals Branch Attorney General’s Department Telephone (06) 250 6351 Facsimile (06) 250 5904

110 — Recommendation Reports

Recommendation 104

The Commonwealth responded:

The Commonwealth supports the type of initiatives which are occurring in the Northern Territory in relation to consultation between magistrates and communities on sentencing (as described on pp. 76-77 of Vol. 3 of the Royal Commission Report). Federal offenders will be covered by arrangements made in individual jurisdictions.

This Recommendation applies to the Jervis Bay Territory and will be imple­ mented following further discussions with the Chief Magistrate.

1992-93 report

The Commonwealth supports the type of initiatives which are occurring in the Northern Territory in relation to consultation between magistrates and communi­ ties on sentencing. Federal offenders will be covered by arrangements made in individual jurisdictions.

This Recommendation applies to the Jervis Bay Territory and will be implemented following further discussions with the Chief Magistrate.

Contact Officer

Mr Chris Whyte Federal Justice Office Attorney-General’s Department Telephone (06) 270 2227 Facsimile (06) 270 2331

Recommendations Report»---- 1 1 1

Recommendation 105

The Commonwealth responded:

The Commonwealth will provide additional funding for the Aboriginal Legal Services (ALS) to implement this Recommendation. ALS have already been allocated an additional $2m in 1991-92 in recognition o f the increased de­ mands placed on them as a result of the Royal Commission.

1992-93 re p o rt

See report on Recommendation 90, page 103.

Contact Officer

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

112 — Recommendations RepnrtT

Recommendation 106

The Commonwealth responded:

The Commonwealth recognises the need to ensure that the Aboriginal Legal Service is not placed in a difficult position because of its close connection to particular communities. W here a person is legally entitled to be represented in a matter, and the Aboriginal Legal Service faces this type of difficulty, the

Commonwealth supports measures designed to provide alternative legal representation.

As a matter of criminal law policy, the Commonwealth has reservations about the aspect of the Recommendation which suggests that there should be separate representation for the community and the individual in criminal matters. This conflicts with soundly-based legal principles that a criminal

prosecution is a matter between the interests of society as a whole (not individual communities) and the individual.

1992-93 report

See report on Recommendation 90, page 103.

Contact Officer

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission

Telephone 06) 289 3168 Facsimile (06) 285 3741

Recommendations Report?----

Recommendation 107

The Commonwealth responded:

The Commonwealth recognises the Aboriginal and Torres Strait Islander Commission’s role to consult with Aboriginal Legal Services and with any Aboriginal community wishing to have such a service.

1992-93 report

See report on Recommendation 90, page 103.

Contact Officer

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

114 — Recommendations Rnpnrt.

Recommendation 110

The Commonwealth responded:

The Commonwealth considers this Recommendation to be linked with Rec­ ommendations 62,183,184,185,186 and 310. W hile acknowledging that State and Territory governments are responsible for correctional services, the Commonwealth accepts the proposal in Recommendation 185 that it be

responsible for the development of a comprehensive national strategy de­ signed to improve the opportunities for the education and training of those in custody. This will include:

• a survey of existing programs undertaken by various correctional service agencies;

• the identification of shortcomings and possible initiatives that may be taken in this area; and

• the identification of how the existing Aboriginal and Torres Strait Islander Education Policy and the Aboriginal Employment Develop­ ment Policy may further assist.

This strategy would incorporate the other initiatives proposed by the Com­ monwealth in response to the Royal Commission. It would include the provision of additional vocational education funding for correctional services and the establishment of Community Education Centres to facilitate post­

release offender programs. In developing the strategy, the Commonwealth will be seeking the co-operation of all States and Territories. Close consulta­ tion with relevant Aboriginal and Torres Strait Islander organisations would also be essential.

The Commonwealth has been involved in a national conference with correc­ tive service authorities and education providers, and will continue to seek the assistance of State and Territory governments in identifying best practices and developing new projects.

The National Board of Employment, Education and Training (NBEET) has commissioned research which is expected to provide some data on current education and training provisions for Aboriginal and Torres Strait Islander prisoners, although the scope of the study is more general. NBEET will

Recommendations Reports---- 1 1 5

consider a further project to develop approaches to Aboriginal and Torres Strait Islander prisoner and ex-offender employment, education and training.

The Australian Institute of Criminology (AIC) will raise these issues at the next meeting o f the Australian and New Zealand Correctional Administra­ tors.

1992-93 report

The findings of the Royal Commission recognised the need for a national study to ascertain the best features of pre- and post-release support schemes, with a view to ensuring their widespread application. In late 1992, DEBT commissioned the Australian Institute o f Criminology to conduct the study. The resulting report, Keeping Them In, Keeping Them Out was published in 1992. It will provide a basis for discussion at a national conference of Corrective Services and TAPE repre­ sentatives in November 1993. Expenditure in 1992-93 was $40,000.

In conducting the study, the AIC consulted widely with relevant Aboriginal and Torres Strait Islander organisations.

This Recommendation is considered to be fully implemented.

Contact Officer

Mr Bruce Furze Post Compulsory & Aboriginal Education Branch Department of Employment Education and Training Telephone (06) 276 7943 Facsimile (06) 276 7667

116 — Recommendations Report?

Recommendation 114

The Commonwealth responded:

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and Training (DEBT), $50,000 on a once-only basis to each State and Territory. It will allow each to employ a consultant to develop Aboriginal employment strategies to extend existing

strategies to agencies responsible for non-custodial sentencing programs and correctional service agencies.

For Jervis Bay, the Commonwealth supports the resourcing of appropriate agencies, and the participation of Aboriginal communities.

1992-93 report

The findings of the Royal Commission recognised the need for increased employ­ ment 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 DEET's Training for Aboriginals and Torres Strait Islanders Program (TAP) $4.45m was allocated. 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.

New South Wales Four organisations received funding to employ a consultant to develop their own Aboriginal and T orres Strait Islander recruitment and career development strategy. The Department of Court Administration received $75,000 Status: The strategy

has been submitted to the Board of Management for approval.

The Department of Corrective Services received $108,000. Status: The strategy has been developed and recruitment is taking place.

The Office of Juvenile Justice received $50,000. Status: A consultant was appointed and by June 1993 had completed the consultative process. The draft strategy has been completed and the final document will be submitted to the executive in 1994.

Recommendations Reports---- 1 1 7

The Department of Police and Emergency Services received $789,350 to develop a strategy, and to implement cross-cultural awareness programs, to develop strategies to combat racism in the police service and to consult and negotiate with Aboriginal and Torres Strait Islander people. Status: Cultural awareness programs have begun. An Aboriginal lecturer has been appointed part-time to the NSW Police Academy, and programs to combat racism and deal with domestic violence and juvenile justice have begun

Victoria Two Departments received funding to employ a consultant to develop their own Aboriginal and Torres Strait Islander recruitment and career development strategy. The Department of Justice received $100,000. Status: Two consultants were appointed in May 1993 to work on the strategy. A draft should be completed by mid-December.

The Department of Health and Community Services received $50,000. Status: Not started. Funding has been held in trust until an appropriate structure to co­ ordinate the strategy is identified. Delays have been experienced because of the change of Government in late 1992.

Queensland The Police Service received $905,000 to develop and implement an Aboriginal and Torres Strait Islander recruitment support needs and career development strategy (one year) and an Aboriginal and Torres Strait Islander employment, education and training initiatives strategy (3 years). Status: The first strategy is progressing slowly because of elaborate consultative processes. The latter is on target.

The Department of Family Services and Aboriginal and Islander Affairs received $50,000 to assist in the development of Aboriginal and Torres Strait Islander recruitment and career development strategies for the juvenile welfare and justice systems. Status: Two consultancy positions were established in February 1993. A strategy document has been produced and the strategy is to be launched in December 1993.

1 he Corrective Services Commission received $50,000 to employ a consultant to enhance the existing Aboriginal and Torres Strait Islander recruitment and career development strategy; $50,000 to employ a consultant to develop a plan for the use of non-custodial sentencing programs for Aboriginal and Torres Strait Islander people and $433,700 for an Aboriginal and Torres Strait Islander employment and career development strategy. Status: The consultancy for the first strategy is being

118 — Recommendations Reports

finalised. An interim report on the non-sentencing programs is being assessed. The employment strategy initiatives are progressing satisfactorily; 10 Aboriginal and Torres Strait Islander people have been confirmed in employment.

Western Australia The Ministry of Justice received $ 100,000 to establish a program for the treatment of petrol sniffers in the Western Desert, and another to train members of the

Jigalong community to supervise offenders in their own community. Status: Both programs are in progress.

The Western Australian Police Force received $400,000 to employ a consultant to develop an Aboriginal and Torres Strait Islander recruitment and career develop­ ment strategy and to implement cross-cultural awareness programs. Status: A draft strategy is with the Police Commissioner for approval. Cross-cultural training has

begun.

South Australia The Department of Family and Community Services received $404,934 to employ a consultant to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy and to provide training for existing and proposed

Aboriginal and Torres Strait Islander staff. Status: A consultant has been ap­ pointed to develop training for youth workers. The project is expected to be completed by 30 March 1994.

The Police Department received $524,000 to employ a consultant to assist in developing employment opportunities for Aboriginal and Torres Strait Islander people, and to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy. Status: A consultant has been employed to assist with training needs analysis and curriculum update and evaluation. Completion is expected by March 1994.

The Correctional Services Department received $50,000 to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy. Status: A consultant has begun.

Tasmania The Police Force received $50,000 to employ a consultant to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy, and to develop cross-cultural training for recmits. Status: A consultant was appointed in

May 1993 for a period of three months to work on the strategy. A draft strategy is complete.

Recommendations Reports---- 1 1 9

The Department of Community Services received $50,000 to employ a consultant to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy, and to develop cross-cultural training for employees. Status: A consultant was appointed in January 1993 for 12 months to work on the strategy. A draft is due for completion by mid-December 1993.

The Department of Justice and Corrective Services received $50,000 to implement cross-cultural training for employees. Status: A group to be targeted for training has been identified.

Northern Territory The Department of Correctional Services received $100,000 to implement the findings of the Royal Commission, and the Northern Territory Police Service

received $50,000 to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy. Both the NT Police and Correctional Services are to develop Aboriginal and Torres Strait Islander recmitment and career develop­ ment strategies, with a separate consultancy to investigate the use of non-custodial sentencing options by the courts. Status: Appointment of consultants was finalised in April 1993 and all projects have begun.

Australian Capital Territory The Department of Housing and Community Services received $65,000 to employ a consultant to develop an Aboriginal and Torres Strait Islander recruitment and career development strategy and to develop cross-cultural training for recruits. Status: A draft strategy has been completed and will be submitted to DEBT for comment by mid-September.

All strategies are expected to be finalised in 1993-94, with implementation progressing after their endorsement/approval. Cross-cultural awareness training is to be included in all strategies. Aboriginal and Torres Strait Islander people have been consulted in the implementation and monitoring and, in a number of cases, have been employed directly.

Reports on Recommendations 225" and 230 also relate to these matters.

Contact Officer

Mr Paul Paget Aboriginal Employment Strategies Branch Department of Employment Education and Training Telephone (06) 240 8631 Facsimile (06) 240 8970

120 — Recommendations Report*

Recommendation 115

The Commonwealth responded:

The actual recording of statistical and other information is the responsibility of State and Territory corrections authorities, but the Australian Institute of Criminology (AIC) will be able to advise on the suggested research.

For Jervis Bay, the Commonwealth supports the resourcing of appropriate agencies and the participation of Aboriginal communities.

1992-93 report

The Commonwealth response to this Recommendation was that -... the actual recording of statistical and other information are the responsibility of State and Territory Corrections authorities, but the Australian Institute of Criminology will be able to advise on the suggested research (Volume 1, p. 420).

To facilitate this work the Australian Institute of Criminology has discussed the use of a uniform approach to recording statistics on individuals in prison and other parts of the criminal justice system with State and Territory corrections departments. The monthly AIC publication Australian Prison Trends now shows the number of Aboriginal and Torres Strait Islander prisoners and the indigenous imprisonment rate for each State and Territory, and nationally. These and related statistics could form the basis of the S tate/Territory-level research envisaged by this Recommen­ dation.

The Institute will continue to assist State and Territory corrections administrations in maintaining uniform statistics. If it is invited to do so, it will advise on the design and conduct of research related to recidivism and the effectiveness of non-custodial sentencing orders and parole.

Contact officer

Mr David Biles Australian Institute of Criminology Telephone (06)274 0200 Facsimile (06) 274 0201

Recommendations Reports----- 1 21

Recommendation 119

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offenders.

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and Training (DEBT), $50,000 on a once only basis to each State and Territory to allow them to employ a consultant to develop Aboriginal employment strategies which would extend existing State/Territory Government employment strategies to agencies re­ sponsible for non-custodial sentencing programs and correctional service agencies.

For Jervis Bay the Commonwealth supports the resourcing of appropriate agencies and the participation of Aboriginal communities necessary for implementation.

1992-93 report

See report on Recommendation 114, page 117.

Contact Officer

Mr Paul Paget Aboriginal Employment Strategies Branch Department of Employment Education and Training Telephone (06) 240 8631 Facsimile (06) 240 8970

122 — Recommendations Report.

Recommendation 120

The Commonwealth responded:

The Commonwealth shares the concerns expressed by the Royal Commission about long outstanding warrants, and accordingly, supports consideration of arrangements for amnesty. This issue is complex and should be considered at a national level. The Commonwealth recognises that automatic amnesty

would be open to abuse, but there may be scope for administrative mecha­ nisms administered by corrections agencies to convert periods of imprison­ ment into community service orders or in some circumstances, amnesty. The Commonwealth will place this issue on the agenda for the next meeting of the

Standing Committee of Attorneys-General (SCAG).

1992-93 report

A progress report on the implementation of this Recommendation was submitted to the Standing Committee of Attorney s-General meeting of 14 October 1992. The Attorneys-General noted progress on the implementation of the Recommendation. Six jurisdictions — New South Wales, Victoria, Queensland, W estern Australia,

South Australia and Tasm ania— have either laws or practices relating to the non­ enforcement of old warrants. The periods after which enforcement of such warrants is not pursued range from 5-10 years. The remaining two jurisdictions have this

matter under review. Progress on the implementation of this Recommendation was reviewed at the SCAG meeting on 24 June 1993.

In relation to Federal fine defaulters, the Commonwealth is ensuring that these offenders are subject to similar policies. The Royal Prerogative, for example, was exercised to remit a Federal fine in relation to a Federal fine defaulter in New South W ales. Although the warrant was more than five years old (after five years warrants

are culled in that State) because of an administrative slip, it had been sought to be enforced by the State Police.

Contact Officer

Ms Maureen Kelleher Federal Justice Office Attorney-General’s Department

Telephone (06) 270 2376 Facsimile (06) 270 2254

Rpcommendations Reports---- 1 23

Recommendation 121

The Commonwealth responded:

Federal enforcement of fines, including default imprisonment, time to pay, Community Service Orders, and payment by instalments, is governed by applied State/T erritory law (s. 15A of the Crimes Act). Section 16C of the same Act requires the court to take into account the financial circumstances of the offender before imposing a fine.

Australian Capital Territory laws apply to the Jervis Bay Territory. The Commonwealth will discuss with the Australian Capital Territory Govern­ ment the implementation of this Recommendation in Jervis Bay. The Com­ monwealth notes that the Australian Capital Territory response to this Recommendation states that the Australian Capital Territory is reviewing alternatives to default imprisonment.

1992-93 report

Federal enforcement o f fines, including default imprisonment, time to pay, Community Service Orders, and payment by instalments, is governed by applied State/Territory laws (s.l5A of the Crimes A c t ). Section 16C of the same Act requires the Court to take into account the financial circumstances of the offender

before imposing a fine.

Australian Capital Territory laws apply to the Jervis Bay Territory. The Common­ wealth will discuss with the Australian Capital Territory Government the imple­ mentation of this Recommendation in Jervis Bay.

Contact Officer

Mr Chris Whyte Federal Justice Office Attorney-General’s Department Telephone (06) 270 2227 Facsimile (06) 270 2331

124 — Recommendations Reports

Recommendation 122

The Commonwealth responded:

The Australian Federal Police (AFP) recognises the importance of this Recommendation and has implemented it through procedures and training programs.

1992-93 report

The Australian Federal Police recognises the importance of this Recommendation and has implemented it through AFP national training programs and procedures. Those programs and procedures have been reviewed and updated to ensure they are in accordance with the Recommendation. National training programs and proce­

dures are continually reviewed and evaluated to ensure effectiveness and rel­ evance. Aboriginal peoples and Torres Strait Islanders have been consulted in the process of implementing this Recommendation.

National training programs and procedures will be continually reviewed and evaluated to ensure effectiveness and relevance.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report» 125

Recommendation 123

The Commonwealth responded:

The Australian Federal Police (AFP) does have clear policies in relation to this Recommendation, through its General Orders and Regional Instructions. These are available for scrutiny by the public. They intend to formulate a National General Instruction to encompass Regional Instruction 26/91 to ensure equivalent standards of care and treatment for all persons arrested by AFP members.

1992-93 report

Implemented. Australian Federal Police General Order 3 amendment s.5(i) refers.

Procedures will be monitored to ensure compliance.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

126 — Recommendation Repo*.

Recommendation 125

The Commonwealth responded:

The Australian Federal Police is currently developing a screening form, recognising that it is no substitute for adequately trained and alert custodial staff — particularly for short-term care.

1992-93 report

The Australian Federal Police is developing a screening form, recognising that it is no substitute for adequately-trained and alert custodial staff — particularly for short-term care.

In relation to the Australian Capital Territory in lieu of a separate screening form, an on-line system has been developed for watch-houses. This system includes a series of questions for both the arresting officer and the watch-house Sergeant to complete. It details their visual assessment of a detainee’s health/medical condi­

tion. The system also provides for the detainee to be asked a series of questions about his/her medical requirements. The system will be implemented in the ACT and Jervis Bay and has been developed in conjunction with the Police/Aboriginal Liaison Committee in the ACT. Implementation will be completed by November

1993, and its effectiveness will be monitored.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports — 1 2 7

Recommendation 126

The Commonwealth responded:

The Commonwealth considers that a risk assessment of a person in custody should be made by a police officer or other trained person prior to that person being placed in a cell. There is some concern that too much reliance may be

placed on a screening form alone as a method of risk assessment. Existing Administrative Instruments ensure that responsibility for the care and wel­ fare of the prisoners rests with the officer in charge of the watch-house.

1992-93 report

Implemented. The ongoing response to Recommendation 125 is relevant to this matter.

A Police/Aboriginal Liaison Committee has been established and monitoring will be required.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 1972

128 — Recommendation Report.

Recommendation 127

The Commonwealth responded:

The Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be on a negotiated fee-for-service basis.

The Commonwealth has implemented this Recommendation in the following ways:

a. the AFP has access to 24-hour medical cover in all jurisdictions;

b. this has been implemented by the AFP;

c. the Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services to develop protocols for the provision of health and medical services, and where such services are provided by AHS, that these are provided on a

negotiated fee-for-service basis;

d. this has been implemented by the AFP;

e. the AFP will liaise with the AHS; and

f. the AFP has procedures which cover the needs of the groups referred to and has trained its officers in their implementation.

1992-93 report

The Commonwealth has implemented this Recommendation in the following ways:

a. the Australian Federal Police has access to 24-hour medical cover in all jurisdictions;

b. this has been implemented by the AFP;

c. the Commonwealth will seek to negotiate with the States and Territories to

Recommendation Reports --- 1 29

ensure that liaison occurs with Aboriginal Health and Medical Services, and where such services are provided by AHS, that these are provided on a negotiated fee-for-service basis;

d. this has been implemented by the AFP;

e. the AFP will liaise with the AHS; and

f. the AFP has procedures which cover the needs of the groups referred to and has trained its officers in their implementation.

Negotiation has occurred between AFP Health Services Division, Australian Capital Territory Region and relevant government agencies. AFP medical officers have met with an Aboriginal doctor who is available, but not always on a 24-hour basis. The doctor has, however, agreed that AFP medical officers will attend in the event of his unavailability.

In the Jervis Bay Territory, AFP members have access to the local doctor and community nurse who provide a regular service to the community and have the benefit of local knowledge.

Effective systems of liaison have been developed in the Jervis Bay Territory. Under its National Regional functions the AFP does not maintain watch-houses or holding cells and relies upon established State systems and procedures wherever the issue of custody arises.

Procedures required by the Recommendations have been implemented.

AFP Health Services Division and the Aboriginal Health Services have consulted with relevant Aboriginal consultative groups and the Jervis Bay community.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

130 — Recommendation Reports

Recommendation 129

The Commonwealth responded:

The Commonwealth considers that this Recommendation should apply gen­ erally to all persons taken into custody. Any evaluation should involve representatives from Legal Aid Commissions, Law Societies and Bar Associa­ tions.

There is currently no formal or informal procedures by which the Australian Federal Police (AFP) watch-house staff use breath analysis equipment to assist with evaluating the behaviour and level of intoxication of detainees. Although alcometers are available at all police stations, the test is a matter for the Sergeant and whether the detainee is willing and able to undergo a screening test. The use of alcometers will be monitored.

1992-93 report

Alcometers are available at all police stations, but it is up to the Sergeant — and whether the detainee is willing and able to undergo a screening test — whether Australian Federal Police watch-house staff use breath analysis equipment. The use of alcometers will be monitored.

Nationally, the AFP relies on State and Territory police for detention of persons in custody.

Jervis Bay procedures involve consultation with the Aboriginal and Torres Strait Islander community.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports 131

Recommendation 130

The Commonwealth responded:

The Commonwealth, through the Australian Federal Police (AFP) will estab­ lish the recommended protocols — there are currently no protocols as described in this Recommendation, though some existing guidelines are relevant.

1992-93 report

Protocols are being developed. Discussions have been held between the Australian Federal Police and the Australian Capital Territory Corrections Service. Adoption of standard NSW documentation is being investigated for the Jervis Bay Territory/

ACT Region, for maximum efficiency and care, and standardisation of procedures.

The Aboriginal and Torres Strait Islander legal service, Aboriginal health services and the Police/Aboriginal Liaison Committee are to be consulted before protocols are finalised.

Protocols should be finalised with ACT and NSW Corrective Services in 1993-94.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

132 — Recommendation R eport.

Recommendation 131

The Commonwealth responded:

Current Australian Federal Police procedures demand both assessment and recording of medical conditions (Australian Capital Territory Region In­ structions 22/91 & 26/91 — these apply to Jervis Bay). The duty of care owed to each prisoner is renewed with each change o f watch-house staff.

The Commonwealth notes that whilst it supports this Recommendation for those prisoners unable to care for themselves (for example, due to intoxica­ tion), there are privacy implications.

1992-93 report

The Commonwealth notes that whilst it supports this Recommendation for those prisoners unable to care for themselves (for example, due to intoxication), there are privacy implications.

The reports on Recommendations 125 and 126 provide information about the on­ line charging system which has been developed for watch-houses in the ACT and Jervis Bay Territory.

The system was developed in consultation with the Police/Aboriginal Liaison Committee. Introduction of the system is expected in November 1993. In the meantime, manual systems have been amended to incorporate the request.

Contact Officer

Mr John Ireland Australian Federal Police General Policing Policy and Arrangements Division Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report»---- 133

CUSTODIAL HEALTH AND SAFETY Recommendations 132 - 167

Recommendation 132

The Commonwealth responded:

a. The Australian Federal Police (AFP) Australian Capital Territory Regional Instructions require the officers in charge o f the watch-house to satisfy him/herself as to the welfare of the prisoners in his or her charge. However, the AFP intends to amend the Regional Instructions to cater specifically for medical information being brought to the attention of the relieving officers in charge.

b. This will be implemented as part o f the revised Regional Instructions.

c. The AFP consider that an appropriate form would be advantageous, as all officers in charge of watch-houses are required to ensure uniformity of criteria, ensuring that no matter relating to the wellbeing and medical condition of the prisoner is overlooked. The AFP are willing to assist in developing an appropriate form of record keeping.

1992-93 report

a.&b.The requirement is to be included in the on-line charging system to be implemented in November 1993, including a check-list for hand-over o f shift. In the meantime, current practices have been amended to incorporate this requirement in shift hand-over procedures.

c. It should be noted that in the Jervis Bay Territory few people have been detained for periods that extend beyond one shift. This aspect is being reviewed in conjunction with trials and development of the on-line charging system referred to in the reports on Recommendations 125 and 126.

The revised system was developed in consultation with the Police/Aboriginal Liaison Committee, and implementation has been achieved through the on-line charging system and supporting manual procedures.

134 — Recommendation Reports

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report» — 1 35

Recommendation 133

The Commonwealth responded:

The Commonwealth is implementing this Recommendation in the following ways:

a. Australian Federal Police (AFP) officers are trained in identifying persons in distress or at risk.

b. The AFP is implementing the training requirements of this Recommen­ dation.

c. The AFP will liaise with Aboriginal Health and Legal Services.

d. Implemented by the AFP.

1992-93 report

The Recommendation was implemented during 1992, and is going through A u stral i an Federal Police national training programs. The context of these training programs is to be kept under review by AFP Health Services and Training Divisions. Watch-house sergeants have been appropriately instructed by AFP I lealth Services Division, in particular in resuscitation and in the recognition of symptoms of drug and alcohol abuse. Additionally, arrangements are being made for all watch-house sergeants to undertake the Senior First Aid Course with St John Ambulance. All AFP members at Jervis Bay hold current Advanced First Aid Certificates.

Aboriginal health services and Aboriginal and Torres Strait Islander legal services have ensured adequacy of training. St John Ambulance first aid courses will be conducted regularly.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone 06) 257 1972 Facsimile (06) 257 7042

136 — Recommendation Report;

Recommendation 134

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. Further, behaviour of this kind would be a serious breach of the AFP Disciplinary Regulations (rr. 3 and 18(1) (d) to (g)) and could result in the loss of rank or dismissal. Any such breach will be

pursued with vigour. The AFP will review its national procedures with a view to implementing this Recommendation.

1992-93 report

The Australian Federal Police has reviewed its national instructions and proce­ dures. AFP Discipline Regulations are intended to ensure that such standards (regulation 3 refers) are observed by all members and staff.

Complaints are investigated by the Independent Internal Investigation Division and overseen by the Commonwealth Ombudsman.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports---- 1 3 7

Recommendation 135

The Commonwealth responded:

This is addressed by the Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures.

1992-93 report

The Recommendation was implemented during 1992. The Australian Federal Police General Order 3 refers, as well as ACT Regional Instruction 1/92 (para 63).

The Police/Aboriginal Liaison Committee and Aboriginal Health Service are involved in the implementation and monitoring o f this Recommendation.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

138 — Recommendation ggBQIti

Recommendation 136

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures.

1992-93 report

The Recommendation was implemented during 1992. Australian Federal Police General Order 3 refers.

The Police/Aboriginal Liaison Committee and Aboriginal Health Service have been involved in the implementation and monitoring.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report» ------ 1 3 9

Recommendation 137

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures.

1992-93 report

In accordance with the commitment on this Recommendation, national procedures have been reviewed. Procedures in the Jervis Bay Territory require physical checks to be made at 10-minute intervals.

Contact Officer

M r John Ireland

G e n e ra l Policing Policy and Arrangements Division A u stra lia n Federal Police

Telephone (06) 257 1972 Facsimile (06) 257 7042

140 — Recommendation Report.

Recommendation 138

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures.

1992-93 report

Australian Federal Police national procedures have been reviewed. In the Jervis Bay Territory ACT Regional Instructions (1/92) are applied; they require compli­ ance with the Recommendation.

The Recommendation is now implemented in respect of Commonwealth respon­ sibilities.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report» —— 1 41

Recommendation 139

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures. Funding has been provided to implement this Recommendation at the Jervis Bay cells.

1992-93 report

At the national level, this Recommendation applies only in the Jervis Bay Territory. In other national Australian Federal Police Regions, the Recommendation applies through State and Northern Territory watch-houses. The new police station at Jervis Bay meets the physical requirements, as indicated in the report on Recom­ mendation 137; nevertheless, physical checks are regularly made.

In the Jervis Bay Territory the Wreck Bay Community Council was involved in the design of the new police station.

The Recommendation has been implemented in relation to Jervis Bay station. On­ going implementation concerns construction of additional AFP stations.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

142 — Recommendation Reoorty

Recommendation 140

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures. Funding has been provided to implement this Recommendation at the Jervis Bay cells.

1992-93 report

The new Jervis Bay Police Station meets this Recommendation.

Station construction involved local Aboriginal and Torres Strait Islander commu­ nity representatives.

The Recommendation has been implemented in the Jervis Bay Territory. Ongoing monitoring will occur, as new holding rooms for Australian Federal Police police stations are constructed.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports---- 1 43

Recommendation 142

The Commonwealth responded:

The Australian Federal Police will implement this Recommendation both at the national level and at Jervis Bay, but notes that a different policy will apply in the Australian Capital Territory.

1992-93 report

The Recommendation has been implemented in construction o f the Jervis Bay Station, and it is also taken up in the design of new stations in other Territories policed by the Australian Federal Police. AFP uses State or Territory police facilities outside of the ACT, Jervis Bay and other Territories.

The Wreck Bay Community Council was consulted in the construction of the Jervis Bay Police Station.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

144 —

Recommendation 143

The Commonwealth responded:

This is addressed by Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22. The AFP will review its national proce­ dures. This Recommendation is also underpinned by the Commonwealth Crimes (Investigation o f Commonwealth Offences) Act 1991.

1992-93 report

The Australian Federal Police will implement this Recommendation, both at the national level and at Jervis Bay. However, a different policy will apply in the Australian Capital Territory.

The Australian Federal Police ACT Region W atch House Instructions (1/92) comply with this Recommendation. This instruction applies in the Jervis Bay Territory. Nationally the AFP relies on State and Territory police facilities and procedures. However, AFP national procedures for persons being interviewed are being reviewed.

Watch House Instructions were reviewed in conjunction with the Police/Aborigi­ nal Liaison Committee.

Review of AFP national procedures related to persons being interviewed is to be completed in 1993-94.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 2571972 Facsimile (06) 257 7042

Recommendation Reports----

Recommendation 144

The Commonwealth responded:

The Commonwealth will comply with this Recommendation once it completes construction of new cells at Jervis Bay. Funding was provided in the 1991-92 Budget.

1992-93 report

The Australian Federal Police will implement this Recommendation, both at the national level and at Jervis Bay, but notes that a different policy will apply in the Australian Capital Territory.

When the new Jervis Bay Police Station was completed in 1992-93, these procedures were implemented in relation to the Jervis Bay Territory.

Consultation occurred with the Wreck Bay Community, the Aboriginal/Police Liaison Committee at Nowra and the NSW Police Aboriginal Liaison Officer.

The Recommendation has been implemented, but requires ongoing monitoring.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

1 4 6 — Recommendation R e p o r t.

Recommendation 147

The Commonwealth responded:

The Australian Federal Police (AFP) Australian Capital Territory Regional Instruction 22 covers this Recommendation and it applies to Jervis Bay.

1992-93 report

It is standard policy at Jervis Bay to inform the relative of anyone taken to hospital. Procedures are being reviewed in the context of privacy principles and considerations.

The review is to be completed in 1993-94 and requires on-going monitoring.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Report»---- 1 4 7

Recommendation 149

The Commonwealth responded:

The Australian Federal Police already has flexible custody arrangements and will have an enhanced capacity to implement this Recommendation following the construction of the new Jervis Bay cells which were funded in the 1991-92 Budget.

1992-93 report

The new Jervis Bay Police Station meets this Recommendation in regard to space for detainees in the Station.

The station was constructed after consultation with local Aboriginal community representatives.

The Recommendation has been implemented in respect of Commonwealth respon­ sibilities.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

148 — Recommendation R eport.

Recommendation 150

The Commonwealth responded:

The Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be on a negotiated fee-for-service basis.

1992-93 report

The Commonwealth does not operate any correctional institutions, but neverthe­ less continues to support this Recommendation and to promote the principles of access and equity to services for all sections of society, including those in correctional institutions.

The Commonwealth notes that this Recommendation was endorsed by all State and Territory governments and looks to those governments to maintain that commit­ ment.

The Commonwealth will suggest that the continued implementation of this Recommendation be monitored by the State and Territory Tripartite forums on Aboriginal health issues, based on the annual reports by State and Territory governments.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3151 Facsimile (06) 282 3601

Recommendation Reports — 1 49

Recommendation 151

The Commonwealth responded:

The Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be negotiated on a fee-for-service basis.

The Australian Federal Police will maintain at all police stations lists of psychiatrists having the knowledge and experience referred to. Police stations will also keep lists of AHS.

1992-93 report

This Recommendation was supported by each State and Territory government and the Commonwealth will suggest that the implementation of this Recommendation be monitored by the State and Territory Tripartite Forums on Aboriginal health issues, based on the annual reports by State and Territory Governments and in the context of the National Mental Health Policy and Plan.

Contact Officer

Mr Barry Johnson I lealth and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 289 3601

150 — Recommendation Reports

Recommendation 152

The Commonwealth responded:

The Commonwealth will seek to negotiate with the States and Territories to ensure that liaison occurs with Aboriginal Health Services (AHS) to develop protocols for the provision of health and medical services and where such services are provided by AHS, these be on a negotiated fee-for-service basis.

1992-93 report

See report on Recommendation 150, page 149.

Contact Officer

Mr Barry Johnson Health and Community Support Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation Report» — 1 51

Recommendation 158

The Commonwealth responded:

The Australian Federal Police complies with this Recommendation in that Australian Capital Territory procedures require the member to commence first aid, including resuscitation procedures, when needed. The Australian Capital Territory procedure will be extended to cover national operations.

1992-93 report

Implemented through Australian Federal Police General Order 3 (s.5(i)) and General Instruction 19 (s. 13). These provisions are, however, being reviewed to ensure that they address the Recommendation. National instructions for persons being interviewed are also to be reviewed to ensure that the Recommendation requirement is included.

The review of AFP Instructions is to be completed during 1993-94. There will also be ongoing monitoring and extension of national AFP procedures to include interview processes.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

152 — Recommendation Reports

Recommendation 160

The Commonwealth responded:

The Australian Federal Police (AFP) has been provided funding for training in the 1991-92 Budget as part of the Commonwealth response to these Recommendations. The AFP has commenced work examining the refresher course.

1992-93 report

Resuscitation training procedures are included in the New Members Skills Course provided by the Australian Federal Police.

All watch-house sergeants complete a course in advanced first aid, including use of resuscitation equipment, medical assistance and recognition of symptoms of drug and alcohol abuse. This Recommendation has been and is being adhered to. A course for persons other than Sergeants, that is, police officers who routinely have the care of persons in custody, will commence shortly.

The AFP Health Services Division is available to provide instruction, as required, on an ongoing basis.

This Recommendation has been implemented in consultation with Aboriginal Health Services.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports --- 1 53

Recommendation 163

The Commonwealth responded:

This is covered by existing training programs within the Australian Federal Police (AFP) — these are being reviewed to ensure that they adequately address this Recommendation.

1992-93 report

The Recommendation has been implemented, and monitoring is ongoing. Restraint procedures training is part of current in-service and recruit training. A Defensive Tactics Instructions Course has been developed and provides a large number of instructors within all Australian Federal Police Regions, to train all AFP members in such procedures.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

154 — Recommendation Rep»*.

Recommendation 165

The Commonwealth responded:

The Australian Federal Police is reviewing the position in relation to these matters and in the case of Jervis Bay, it will ensure that the funding made available in the 1991-92 Budget to update the cells will be used to ensure compliance with this Recommendation.

1992-93 report

The new Jervis Bay Police Station meets this Recommendation. Construction of the Station was completed in consultation with local Aboriginal community representatives.

The Program report, Replacement o f Jervis Bay Police Station and Cells, also relates to this Recommendation.

The Recommendation is implemented in respect of Commonwealth responsibili­ ties.

Contact Officer

Mr John Ireland General Policing and Policy Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation Reports---- 155

Recommendation 166

The Commonwealth responded:

The Australian Federal Police will ensure that this occurs at Jervis Bay and other Territories.

1992-93 report

The Commonwealth response to Royal Commission Recommendation 1 required that Commonwealth/State Ministerial Forums give ongoing consideration to progress in implementing Royal Commission Recommendations falling within

their sphere of interest. The Australasian Police Ministers’ Council also agreed that jurisdictions should consider the implementation of this Recommendation and requested that the Council Secretariat compile a report on the national implemen­ tation process. This report will be considered at the next meeting of Council in

November 1993.

The Australasian Police Ministers’ Council has, where appropriate, endorsed the Standard Guidelines for Police Custodial Facilities, developed in consultation with all jurisdictions, as providing an indicative model for design and operation of custodial facilities in all jurisdictions.

Contact Officer

Mr D.J. Taylor Secretary Ministerial Council on the Administration of Justice Telephone (06) 270 2426 Facsimile (06) 270 2291

------ Recommendation Reports

Recommendation 167

The Commonwealth responded:

The Commonwealth does not operate its own juvenile justice system. Children and young persons are dealt with for Commonwealth offences, as if the offences were against a State law (s.20C Crimes Act 1914). The Common­ wealth will raise this matter in appropriate intergovernmental Ministerial

forums.

1992-93 report

The operation of juvenile detention centres are essentially matters for States and Territories. The Commonwealth does not operate its own juvenile justice system.

The Department of Health, Housing, Local Government and Community Services, through the National Council for the International Year of the Family (1994) will be undertaking extensive consultations with peak organisations on matters relating to the needs of families. It will be discussing and examining a number of family-

friendly initiatives with a view to developing a set o f guiding principles for supporting families, for the use of governments, business and the community. These would include juvenile detention centres. The Council has two Aboriginal members and every effort will be made to ensure that the recognition of the cultural

needs and particular concerns of all families including Aboriginal and Torres Strait Islander families will be included in the development of these principles.

Contact Officer

Mr Jim Kennedy Health Development Branch Department of Health Housing Local Government and Community Services

Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Reports---- 1 5 7

THE PRISON EXPERIENCE Recommendations 171 - 185

Recommendation 171

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offenders.

1992-93 report

The Commonwealth supports the recognition of special kinship and family obligations of Aboriginal prisoners. Victoria has recently proposed that all juris­ dictions amend their Corrections leave of absence legislation to enable prisoners to attend the interstate funerals of close relatives or significant other persons. The

Minister for Justice has given 'in principle' approval to the proposal. The Common­ wealth understands that this proposal will be considered at the next Conference of Corrective Services Ministers. A date for this meeting has not yet been set.

Contact Officer

Ms Maureen Kelleher Federal Justice Office Attorney-General’s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

158 — Recommendation Report.

Recommendation 172

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offenders.

1992-93 report

While the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offend­ ers. All States and Territories have indicated full implementation of this Recommendation.

Contact Officer

Ms Maureen Kelleher Federal Justice Office Attorney-General ’ s Department

Telephone (06) 270 2376 Facsimile (06) 270 2254

Recommendation Reports ------ 1 5 9

Recommendation 173

The Commonwealth responded:

W hile the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offenders.

1992-93 report

While the Commonwealth does not operate its own correctional system, the Recommendation is of interest to the Commonwealth as it affects federal prisoners.

The Commonwealth's response to Recommendation 1 involved a commitment to ensure that relevant Recommendations of the Royal Commission are placed on the agendas of Ministerial meetings and other official forums. The Commonwealth is

most concerned that initiatives aimed at providing a more humane custodial environment are implemented. Consistent with this view, the annual conference of Corrective Services Ministers in July 1992 was tasked with placing on its agenda a review of the minimum standards relating to the accommodation of prisoners in Australian States and Territories.

The importance of jurisdictional consultation with Aboriginal peoples and Torres Strait Islanders was recognised by the Ministers.

Corrections administrators (the heads of State and Territory correctional services) were asked to submit to the next conference of Ministers their recommendations for changes to the minimum standards.

11 is intended that initiatives aimed at providing a more humane custodial environ­ ment will be canvassed and developed at the next conference of Corrective Services Ministers.

Contact Officer

Ms Maureen Kelleher Federal Justice Office Attorney-General’s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

1 6 0 — Recommendation Repo*.

Recommendation 176

The Commonwealth responded:

While the Commonwealth does not operate its own correctional system, this Recommendation is of interest to the Commonwealth as it affects Federal offenders.

1992-93 report

See report on Recommendation 172, page 159.

Contact Officer

Ms Maureen Kelleher Federal Justice Office Attorney-General’s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

162 — Recommendation Reports

Recommendation 178

The Commonwealth responded:

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and Training, $50 000 on a once only basis to allow each State and Territory to employ a consultant to develop Aboriginal employment strategies which would extend existing State/Terri­ tory Government employment strategies to agencies responsible for non­

custodial sentencing programs and correctional service agencies.

1992-93 report

See report on Recommendation 114, page 117.

Contact Officer

Mr Paul Paget Aboriginal Employment Strategies Branch Department of Employment Education and Training Telephone (06) 240 8631 Facsimile (06)240 8970

Recommendation Report» --- 1 6 3

Recommendation 184

The Commonwealth responded:

Although the provision of these programs is primarily a State or Territory responsibility, the Commonwealth action on related Recommendations 185 and 310 provides a framework for supporting State and Territory initiatives in the area of employment, education and training programs for Aboriginal

prisoners.

The Department of Employment, Education and Training has accepted the responsibility for initiating a national strategy in this area and will be seeking the co-operation of State and Territory Governments.

1992-93 report

The findings of 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.

This Recommendation is closely related to Recommendation 185 which states that the Department of Employment, Education and Training (DEBT) should be responsible for the development of a comprehensive national strategy designed to improve opportunities for education and training of those in custody.

1 n response to Recommendation 185, DEBT commissioned the Australian Institute of Criminology to develop:

• a profile of existing education and training programs within adult correc­ tional institutions around Australia and in the post-release period;

a summary of best features and practices for the delivery of education and training in correctional institutions;

an examination of the features of existing post-release support programs.

The Institute report has been completed and copies have been sent to State and 1 erritory Ministers for Corrective Services. DEBT is convening a conference in November 1993 which will have representation from the Department of Corrective

164 — Recommendation Rr-pnrt.

Recommendation 185

The Commonwealth responded:

The Department of Employment, Education and Training (DEBT) has ac­ cepted the responsibility for initiating a national strategy in this area and will be seeking the cooperation of State and Territory Governments. To imple­ ment this Recommendation, DEBT is undertaking several activities which

involve both strengthening the delivery of the National Aboriginal Education Policy and the Aboriginal Employment Development Policy, and supplement­ ing State and Territory action in the development of new initiatives.

DEBT has made initial contact with Corrective Service agencies and has been involved in a National Conference with Corrective Services authorities and education providers to ascertain the extent and suitability of existing pro­ grams and to initiate discussions on the Royal Commission Recommenda­ tions.

In negotiating funding priorities with State and Territory Governments, the Commonwealth will seek to ensure that all levels of Government with a responsibility in this area continue to strengthen their efforts in the implemen­ tation of this Recommendation.

1992-93 report

The Royal Commission findings recognised the need for the Department of Employment Education and Training to be responsible for facilitating the devel­ opment of a comprehensive strategy designed to improve the opportunities for the education and training of those in custody in co-operation with State Corrective

Services authorities, adult education providers and State departments of employ­ ment and education. The strategy was to extend the aims of the Aboriginal Education Policy and Aboriginal Employment Development Policy to Aboriginal and Torres Strait Islander prisoners.

In response to this, the Australian Institute of Criminology was commissioned to undertake a study designed to identify the best features of existing pre-release and post-release education and training. The study was completed in December 1992 and the AIC report, Keeping Them In, Keeping Them Out, will provide the basis for discussion at a forthcoming national conference of Corrective Services and T AFE representatives, to be convened in November 1993. $60,000 has been

1 66 ---- Recommendation Repo,,.

allocated from National Reconciliation and Schooling funds for 1993-94 for the conference. Representatives will be invited to respond to the recommendations of the Institute study and determine the feasibility o f developing a national strategy.

DEET has also made a substantial commitment to prisoner education in recent Aboriginal Education Strategic Initiatives Program (AESIP) allocations through the Technical And Further Education system. All education providers are required to develop Operational Plans in consultation with their Aboriginal and Torres Strait Islander community. Aboriginal and Torres Strait Islander involvement in the implementation and monitoring of strategic initiatives funded under AESIP,

including funding for strategic initiatives to enhance prisoner education, is one of the terms and conditions under which this funding is allocated. AESIP recipients are currently required to report twice annually on the expenditure of AESIP funds, and annually on the educational outcomes of the agreed initiatives. AESIP funding

for strategic initiatives submitted in Operational Plans has been identified and allocated to the TAPE sector for 1993.

DEET’s response should be completed by June 1994.

The report on Recommendation 184 also relates to this matter.

Contact Officer

Mr Bruce Furze Post Compulsory and Aboriginal Education Branch Department of Employment Education and Training Telephone (06)276 7943 Facsimile (06)276 7667

Recommendation Reports ------ 1 6 7

THE PATH TO SELF-DETERMINATION Recommendations 188 - 204

Recommendation 188

The Commonwealth responded:

This principle already underlies the Commonwealth approach and has been adopted by all States and Territories. The Aboriginal and Torres Strait Islander Commission Regional Plan process will provide the vehicle, through s. 97 of the Aboriginal and Torres Strait Islander Commission Act 1989, to ensure that it is adhered to in future dealings between Government and

Aboriginal and Torres Strait Islander communities.

ATSIC’s Office of Indigenous Women will work with Aboriginal and Torres Strait Islander women elected to Regional Councils to ensure that gender- specific issues are adequately addressed in negotiations.

1992-93 report

Progress has been made in empowering Aboriginal peoples and Torres Strait Islanders in the development of Government policies and the design and delivery of programs and services that will affect them through the establishment in 1990, under Commonwealth legislation, of the Aboriginal and Torres Strait Islander Commission, with its structure of elected Regional Councils.

Through ATSIC’s Board of Commissioners, all of whom are Aboriginal or Torres Strait Islander and 17 of whom are elected by Regional Councils, Aboriginal peoples and Torres Strait Islanders are able to make important decisions on issues that affect their lives. More than half of the Commonwealth’s funding for programs

for Aboriginal peoples and Torres Strait Islanders is channelled through ATSIC, which also has responsibility for developing policies to meet needs at the national, State, Territory and regional levels.

A total of 60 Regional Councils were established under the Aboriginal andTorres Strait Islander Commission Act 1989. Councillors are elected representatives of each region. Each Regional Council has statutory planning, advisory, representative and advocacy functions for improving the economic, social and cultural status of

Aboriginal and Torres Strait Islander residents of each region. The Councils also

------ Recommendation R e p o r t .

ATSIC also has a policy on community planning which is aimed at encouraging Aboriginal and Torres Strait Islander communities and community-based organi­ sations to adopt a strategic planning approach to their social, economic, physical and cultural development.

Many communities have accepted the benefits of adopting a planned approach towards achieving their community goals and a total o f 181 community and community-based organisational plans were started during 1992-93 and 94 were completed. Current indications are that as many as 363 communities or community-

based organisations were involved in operational, corporate and strategic planning activity.

As with Regional Councils’ planning, community planning is gaining recognition and acceptance by government agencies as a valuable and legitimate basis for the planning of program delivery activity.

In April 1992, the Office of Indigenous Women, within ATSIC, facilitated the inaugural Annual National W omen’s Conference in Canberra. This enabled Aboriginal women and Torres Strait Islander women representatives of ATSIC, through Regional Office W omen’s Advisers and Regional Councillors, to identify and discuss issues o f importance to them as women and subsequently provide advice to the Commission. The theme for this conference was Aboriginal and Torres Strait Islander Women: Part o f the Solution.

An underlying objective was the empowerment o f participants through informa­ tion and knowledge. Participants were provided with policy and program informa­ tion as a basis for conference workshop discussion.

The report from this Conference was published under the title, Part o f the Solution. Participants included one female Regional Councillor from each region and Regional W omen’s Advisers.

In September 1992, Part o f the Solution was presented to the ATSIC Board of Commissioners who endorsed the report and directed that ATSIC officers prepare implementation plans for the 62 recommendations it contained. The report was distributed widely, with copies going to all ATSIC Program Managers, State

Managers and Regional Managers, as well as to ATSIC Regional Councillors, other government departments and national and international conferences.

One of the recommendations was that State Advisory Committees, comprising ATSIC Commissioners and Regional Council Chairpersons from each State or

1 7 0 — Recommendation

Recommendation 190

The Commonwealth responded:

The Commonwealth supports the concept of block-grant funding to the extent consistent with public accountability. Under the Aboriginal and Torres Strait Islander Commission Act 1989, the Aboriginal and Torres Strait Islander Commission already adopts block grant arrangements within programs where organisations and communities have demonstrated a capacity to cope with this form of funding. The Commonwealth will work with State and Territory Governments to examine the options for further expansion of this approach.

The Commonwealth supports the concept of triennial funding commitments where there is an existing commitment to ongoing funding for a project, where project performance is satisfactory, and where there are benefits to be derived by a community or organisation from certainty of funding over the triennium. The Commonwealth Government has guaranteed future real level appropria­

tions for ATSIC. In consequence there is scope within the ATSIC budgeting process for triennial obligations to improve long-term planning.

1992-93 report

Aboriginal and Torres Strait Islander Commission ATSIC supports block grant funding for organisations that have demonstrated a capacity to cope with such arrangements. However, the Commission’s account­ ability to the Parliament for the use of taxpayers' funds imposes a limit on the extent to which multi-purpose grants can be ‘blocked’ to provide flexibility to organisa­ tions in the way they apply grant funds. To the extent that it is possible within this limitation, the Commission makes use of block grant funding arrangements. Whether funding is provided on a multi-purpose or specific purpose basis, the Commission’s budget framework ensures that Regional Councils decide priorities for the allocation of funds.

A fSIC supports triennial funding in principle. The Commission proposes to develop three-year minimum planning figures for each Regional Council’s pro­ gram budget to facilitate a longer term perspective in allocation decision-making by Councils. Such planning figures will be short of formal commitments to Councils, however, as the Commission has no formal commitment from govern­ ment for its own budget levels in future years.

1 7 2 — Recommendation Reports

The National Aboriginal and Torres Strait Islander Education Policy has, as one of four objectives, the involvement of Aboriginal peoples and Torres Strait Islanders in educational decision-making. Six of the policy’s 21 goals address this objective.

Aboriginal peoples and Torres Strait Islanders are involved in the implementation of the policy through committees based at local, State and national levels. These include the Aboriginal Education Co-ordinating Committees, Aboriginal Educa­ tion Consultative Groups, and Aboriginal Student Support and Parent Awareness committees.

In addition, all educational providers which receive funding under the Aboriginal Education Strategic Initiatives Program, are required to develop operational plans in consultation with Aboriginal and Torres Strait Islander communities. Involve­ ment of Aboriginal and Torres Strait Islander people in the implementation of AESIP-funded initiatives is one of the terms and conditions under which funding is allocated.

Contact Officers

Ms Cass Hoefnagels Budget Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3326 Facsimile (06) 281 2651

Mr Jim Kennedy Health Development Branch Department of Health Housing Local Government and Community Services Telephone (06)289 8125 Facsimile (06) 289 8483

Mr Con Boekel Aboriginal Employment Strategies Branch Department of Employment, Education and Training Telephone (06)240 8979 Facsimile (06) 240 8970

174 — Recommendation Rpjw,ri.

Consideration is being given to modified block grant arrangements for organisa­ tions funded for several discrete projects in order to simplify audit and financial requirements.

Department o f Employment. Education and Training The Department o f Employment Education and Training recognises the role of local and regional Aboriginal Employment Development Policy co-ordinating committees in implementing this Recommendation. DEBT is looking to the restructuring of the ATSIC Regional Councils in order to give effect to this

Recommendation. DEBT anticipates that the restructuring will increase the capac­ ity of the Regional Councils to develop plans and to co-ordinate the activity of Departments in assisting Aboriginal and Torres Strait Islander people.

Department o f Health. Housing. Local Government and Community Services Networks of services are one of the Department of Health Housing Local Govern­ ment and Community Services’ six key Social Justice Strategies. As part of this, the Department is exploring integrated funding, with a single source of payments and accountability for a service funded from more than one appropriation. This can range from 'cashing in' places in a program, through pooling funds from several programs, to fully integrating services with other spheres of government.

Administration and accountability issues for integrated funding are being dis­ cussed with the Department of Finance. Special funding arrangements already exist for Multi-Purpose Centres and Multi Purpose Services, which provide arange of health and community services. O f 31 centres, two are operated by Aboriginal

and Torres Strait Islander bodies, with another 12 providing services in regions with a significant indigenous population.

Department o f Primary Industries and Energy In 1992-93 the Department of Primary Industries and Energy introduced a 'one- shop' system for natural resource management grants to community groups including Aboriginal and Torres Strait Islander groups. A single application form, guidelines and assessment procedure were used by four separate Commonwealth programs in two portfolios - the One Billion Trees program, the Natural Resources

Management Strategy of the Murray Darling Basin Commission, the land and water management component of the National Landcare Program and the Save the Bush program.

1 7 6 — Recommendation Report.

Recommendation 192

The Commonwealth responded:

The Commonwealth is committed to the principle that the Commonwealth, State and Territory Governments’ structures for the delivery o f service and funding arrangements be responsive to Aboriginal and Torres Strait Islander decisions, based on outcomes of processes that are concerned with consulta­ tion, negotiation and communication, and compatible with community devel­ opment and regional planning processes.

To this end, the Commonwealth supports the maximum involvement of Aboriginal and Torres Strait Islander organisations and communities in designing, negotiating and delivering programs. It agrees that particular

emphasis should be given to the employment of Aboriginal people and supports the payment of appropriate award rates to workers in Aboriginal and Torres Strait Islander community organisations.

Aboriginals and Torres Strait Islanders, through Aboriginal-controlled or­ ganisations and councils, will provide the lead through their community development plans that specify needs and aspirations. Their elected repre­ sentatives on Aboriginal and Torres Strait Islander Commission Regional

Councils are to formulate, maintain and implement regional plans; co­ ordinate local activity and advocate local social, cultural and economic interests. The combination of community development plans and regional plans will provide a clear focus for all service providers and recipients.

A commitment by all Government agencies to actively participate in this regional planning process and share program information, will establish a credible regional database that will assist these service providers to maintain appropriate policies, rationalise activity, and ensure that resources are effi­ ciently and effectively directed at priorities identified by Aboriginals and Torres Strait Islanders.

State and Territory Governments have agreed to the principles of self­ management and self-determination recognising the role of Aboriginal and I or res Strait Islander organisations in the delivery of programs and services.

At the national level, the ATSIC Board is seeking to establish, through the consultation process with Regional Councils and Aboriginal and Torres Strait

1 7 8 ------ Recommendation Rpporu

Of those funds available to ATSIC for programs directed at implementing the Recommendations of the Royal Commission, 87 per cent was made available to Aboriginal and Torres Strait Islander community organisations.

Sixty Regional Councils were established under the Aboriginal and Torres Strait Islander Commission Act 1989. They consist of elected representatives of each Region. Each Regional Council has statutory planning, advisory, representative and advocacy functions for improving the economic, social and cultural status of Aboriginal and Torres Strait Islander residents of each Region, and allocates funds approved for Councils to projects operating in the respective Regions. The Councils also make proposals for Commission expenditure in relation to each Region.

The number of Regional Councils will be reduced to 36 in the next round of Regional Council elections which will allow for more effective and efficient operation of Regional Councils and enable ATSIC to provide a higher level of administrative support to them.

There has been a significant increase in the amount of the Commission’s total budget which is allocated by Regional Councils.

Regional Councils have made significant progress in the formulation of Regional Plans for improving the economic, social and cultural status of Aboriginal and Torres Strait Islander residents of their region. During 1992-93, 52 of the 60 existing Regional Councils completed formal planning documents ranging from

planning frameworks to sophisticated and detailed strategic plans.

The significance of Regional Council plans has been recognised by Governments at all levels through a decision of the Australian Aboriginal Affairs Council. Also, the Council of Australian Governments adopted a multi-lateral commitment called the National Commitment to Improved Outcomes in the Delivery of Programs and Services for Aboriginal Peoples and Torres Strait Islanders, which paid special attention to the need for Regional Council plans to provide the basis of program delivery and co-ordination of services by all agencies at the regional level.

The Commonwealth Government further reinforced the importance it places on Regional Councils when it made a decision that, pursuant to ATSIC's statutory co­ ordination role, all Commonwealth agencies delivering services to Aboriginal and I orres Strait Islander communities should be given the opportunity to contribute

to, and be required to take account of, the framework of the Regional Council planning process.

180 — Recommendation

Network, the viewpoints and needs of Aboriginal and Torres Strait Islander people are being actively represented.

The Department of Employment, Education and Training ’ s (DEET's) participation in the Aboriginal Employment Development Policy Task Force (at national, State and regional levels), the Aboriginal Education Consultative Groups and the Aboriginal Education Consultative Committee reflect a commitment to this

Recommendation.

The Aboriginal Student Support and Parental Awareness committees, of which there are about 2,600, are an important means of facilitating communication between schools and Aboriginal and Torres Strait Islander parents and guardians.

Positions in DEET which involve the provision of services to Aboriginal and Torres Strait Islander clients are designated as identified positions. These include Aboriginal contact officers in the Commonwealth Employment Service network and positions involving the development of policy and program support in Central and State Offices. Selection criteria for such positions include demonstrated ability to communicate with Aboriginal and Torres Strait Islander clients.

The tendering guidelines for labour market programs are designed to ensure that Aboriginal and Torres Strait Islander organisations have the opportunity to tender for the provision of training for Aboriginal and Torres Strait Islander clients. Tender specifications include the ability to communicate effectively and sensi­

tively with Aboriginal and Torres Strait Islander clients.

The Department of Social Security (DSS) operates a number of field services which ensure that its service delivery strategies take account of the views and needs of Aboriginal and Torres Strait Islander communities and organisations.

DS S has also instituted procedures for ensuring that the decisions of Aboriginal and Torres Strait Islander organisations are taken into account. All Area Managers have been requested to work closely with Aboriginal and Torres Strait Islander Regional Councils in planning service delivery, -where possible in the context of existing Aboriginal Employment Development Policy regional and State committees. Subsequent feedback from Area Offices indicates that the Department of Social Security, through its extensive field network, had already developed close contacts with local community councils and was therefore well-placed to extend this co-operation to Regional Councils and AEDP Committees, particularly in areas with high Aboriginal and Torres Strait Islander population.

---- Recommendation Reports

Contact Officers

Mr Russ Taylor Regional Support Planning and Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 8978 Facsimile (06) 281 4240

Mr Con Pagonis Equity and Community Relations Branch Office of Multi Cultural Affairs Telephone (06) 271 5479 Facsimile (06) 271 5939

Mr Con Boekel Aboriginal Employment Strategies Branch Department of Employment Education and Training Telephone (06)240 8979 Facsimile (06) 240 8970

Mr Jim Kennedy Health Development Branch Department of Health Housing Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Mr Bob Griffiths Client Services Branch Department of Social Security Telephone (06)244 6553 Facsimile (06) 244 7978

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

184 — Recommendation Report.

Recommendation 194

The Commonwealth responded:

The Commonwealth supports the use of program performance indicators for measuring program effectiveness and agrees that these should be negotiated with Aboriginal and Torres Strait Islander communities and organisations.

In designing indicators and reporting on program performance, the Com­ monwealth will ensure that the central role of Aboriginal and Torres Strait Islander women is recognised and that questions of gender equity will be addressed.

1992-93 report

Aboriginal and Torres Strait Islander Commission Under the Government’s Financial Management Improvement Program, ATSIC is required to report to Parliament on its achievements against various programs. Within a Commission-endorsed framework of national Program Performance Indicators, ATSIC staff, in close consultation with Aboriginal organisations, develop project-specific indicators for each funded project.

Program performance information is collected by the Commission at the Regional, State and Central office levels and compiled by aggregating project-specific performance information on a Program by Program basis. Performance informa­ tion is subsequently incorporated in program and policy development as well as in reporting to the ATSIC Board of Commissioners, Parliament and the public.

Training on funding procedures and policy for executives of Aboriginal and Torres Strait Islander organisations is available through ATSIC’s Regional Development and Planning program

Where appropriate, program and project performance indicators are gender spe­ cific to ensure that the central role of Aboriginal women and Torres Strait Islander women is recognised. The Office of Indigenous Women has recently sought supplementary gender-specific information on programs and projects adminis­ tered by the Commission and other Commonwealth agencies. The report on Recommendation 48 and the Overview Report Women, also relate to this matter.

1 8 6 ---- Recommendation Report*

In line with the new Medicare arrangements completed during the first half of 1993, States will be moving to develop a more relevant set of outcome measures which will allow them to better plan the use of resources to meet the specific requirements of special needs groups such as Aboriginal and Torres Strait Islander people.

A set of National Aboriginal and Torres Strait Islander Health Goals and Targets has also been endorsed by the ATSIC Board of Commissioners.

As part of the development of a National Health Policy, agreed upon at a National Health Summit on 30 April 1993, Commonwealth and State Health Ministers agreed to develop national goals and targets for four priority areas (cardiovascular disease, injury, cancer and mental health) as well as action plans for their

implementation. These plans will be finalised by March 1994 and are being developed under the auspices of the Commonwealth, with the involvement of the National Health and Medical Research Council and clinicians in active practice. The National Aboriginal and Torres Strait Islander Health Goals and Targets will

be taken into account during this process.

An important step in achieving appropriate health indicators concerns the devel­ opment of a better data collection.

To this end, the Australian Institute of Health and Welfare has had negotiations with all States and Territories and a number of the State Tripartite Health Forums, to discuss how data collections can be improved and made more relevant to Aboriginal and Torres Strait Islander organisations and communities.

The Institute organised an Aboriginal Health Statistics Workshop in late June, with State and Territory Health Departments and State Tripartite Health Forum repre­ sentatives, to examine Aboriginal and Torres Strait Islander health and health-

related issues. The Institute is currently examining its existing data and new data requirements with a view to determining how it can be of more use.

1 8 8 ---- Recommendation Report»

Recommendation 195

The Commonwealth responded:

The Commonwealth supports triennial commitments to funding; it does not, however, support the provision of funding on other than an annual basis.

1992-93 report

Department of Finance Department of Finance appreciates that triennial commitments can enhance planning and add a sense of financial security to Aboriginal organisations and communities. Where agencies consider that this is appropriate, there is no barrier

to providing indicative commitments (as distinct from formal forward obligations), subject to the appropriation of moneys by the Parliament.

The Government’s previously-published response to this Recommendation has ruled out the provision of funds on other than an annual basis. Unless a Minister seeks and obtains agreement from his or her colleagues to overturn this position, further reporting on this aspect is inappropriate.

Department of Health Housing Local Government and Community Services The potential for Departmental programs to fund Aboriginal bodies on a triennial basis is limited by a number of factors, particularly the need to negotiate funding priorities with the States and Territories, which have primary Constitutional responsibility for many services.

In cases where such considerations do not apply, many Departmental programs providing recurrent funding to community organisations do so for the duration of a specific project or for a period of three years as appropriate.

For example, in the Community Organisations Support Program there is a four- year renewable cycle of funding for secretariat activities by peak community organisations. The Secretariat of the National Aboriginal and Torres Strait Islander Child Care Association has secretariat funding under the program which is reviewed every four years. Project funding can also be approved for up to three years, as with the Roeboume Aboriginal Early Intervention Program.

Recommendation getjortj

Recommendation 196

The Commonwealth responded:

The Commonwealth will ensure that organisations and communities receive a full explanation of the terms under which grants are given and the conditions of acquittal, compliance and performance that apply. The information should be made available in simple English.

1992-93 report

Aboriginal and Torres Strait Islander Commission ATSIC has recently re-written, in plain English, the manual on grant funding. Regional Councils receive training in funding requirements and responsibilities and the Commission is preparing further information packages for the incoming Regional Councils to be elected in December 1993. Commission staff are being given training in procedures used to provide funding (including assessment and acquittances) to Aboriginal and Torres Strait Islander organisations and commu­

nities. The Commission also produces specifically-targeted information pam­ phlets and documentation on all aspects of Commission programs and policies.

Department o f Social Security The Department of Social Security conducts a number of information programs concerning its services and payments which are specifically targeted towards

Aboriginal peoples and Torres Strait Islanders. Print information for Aboriginal and Torres Strait Islander clients is designed to be sensitive to the cultural needs of Aboriginal peoples and Torres Strait Islanders. Aboriginal and Torres Strait

Islander artwork is used extensively and pictorial approaches to presenting information are employed wherever possible in recognition of the language difficulties which some clients experience.

In addition, the Department operates an Aboriginal and Torres Strait Interpreter Service. To date, the Department of Social Security is the only Commonwealth agency operating such a service for Aboriginal and Torres Strait Islander people. The Interpreter Service was extended recently and now operates from 11 DSS

Regional Offices. This development reflects a continuing commitment by DSS to meet the language needs of its clients with appropriately-tailored services already embodied in the Aboriginal and Torres Strait Islander Liaison and Community

Agents scheme.

1 9 2 —

project, compliance with conditions, and acquittal of funding assistance. While no difficulties have been reported by Aboriginal or Torres Strait Islander organisa­ tions in understanding the terms and conditions of the grants in the past, the potential for simplification will again be examined as part of the annual operating review of the Program for the benefit of Aboriginal and non-Aboriginal groups alike.

Contact Officers

Ms Cass Hoefnagels Budget Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3326 Facsimile (06)281 2651

Mr Bob Griffiths Client Services Branch Department of Social Security Telephone (06)244 6553 Facsimile (06) 244 7978

Ms Trish Mercer Employment Programs Branch Department of Employment, Education and Training Telephone (06) 203 3162 Facsimile (06) 203 3175

Mr Jim Kennedy Health Development Branch Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Mr Geoff Brown Regional Development Branch Department of Tourism Telephone (06) 279 7142 Facsimile (06) 279 7189

Mr Mike Hitchens Primary Industries and Environment Branch Department of Primary Industries and Energy Telephone (06) 272 5634 Facsimile (06) 272 5161

194 — Recommendation Report,

• to enable communities to express their training needs through community training plans and to be the judge of, and place priorities on, those training needs, thereby contributing to the goals of self-management and self­ determination.

Another component of the Community Training Program is the Full Time Study Grants scheme. This scheme replaces the former Aboriginal Professional Study Award scheme administered by DEBT.

During the 1992-93 financial year the ATSIC Board approved 25 full-time Study Grants to Aboriginal and Torres Strait Islander organisations at a cost of $850,258. Of these grants, 23 Aboriginal and Torres Strait Islander people began full-time studies and two people withdrew. The program allocation in 1992-93 was $39.6m.

The ATSIC Board agreed that the functions of the Community Training Program be incorporated into a larger program, Regional Development and Planning. This began on 1 July 1993.

In 1993-94, significant effort will be made to develop a management information system that will provide program performance information on the community training function. Performance information has not been reliable or accurate in the past. A strong emphasis will be placed on achieving greater levels of participation by young Aboriginal and Torres Strait Islander people in employment and training initiatives.

Another goal for the 1993-94 year is to increase Aboriginal and Torres Strait Islander access to tertiary institutions. This will be achieved through the approval of an additional 25 full-time Study Grants. These grants will fund Aboriginal and Torres Strait Islander organisations enabling them to continue paying wages to

staff members who attend tertiary institutions.

The total allocation for 1993-94 is $42.9m. Most of this money has been distributed to Regional Councils which will continue to play a key role in determining support for projects.

Contact Officer

Mr Howard Patrick Economics Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 8915 Facsimile (06) 285 3604

1 9 6 ---- Recommendation R e p o r t»

In this regard the Commonwealth Grants Commission takes into account disability factors associated with providing Government services to Aborigi­ nal and Torres Strait Islander people.

The Commonwealth notes the support of State and Territory Governments for the Recommendation. Issues of equity in the delivery of government services to Aboriginal and Torres Strait Islander people are the subject of negotiation between the Commonwealth and State and Territory Govern­ ments and considerations by the Commonwealth Grants Commission.

1992-93 report

Office of Multi-Cultural Affairs A major cross-portfolio evaluation of the Access and Equity Strategy was con­ cluded in 1992. The Government endorsed all 43 recommendations of the evalu­ ation in October 1992. The evaluation found that the Strategy had failed to make a significant impact on removal of linguistic, cultural, racial and religious barriers to fair and equitable government service delivery to Aboriginal and Torres Strait Islander peoples. The post-evaluation Strategy has been strengthened and has a sharper focus on improving outcomes for these groups.

To promote understanding of the post-evaluation access and equity regime with a particular focus on the role and responsibilities of the Australian Public Service managers, an Australia-wide series of seminars was organised between February

and May 1993. More than 1,000 managers took part. An access and equity implementation guide for Public Service managers has also been published. Commissioned research for 1992-93 and 1993-94 aims to develop tools to assist managers to meet their obligations under the new regime. Research has been commissioned to develop a practical implementation manual on the utilisation of ethnicity and Aboriginal and Torres Strait Islander statistical data. Other research

includes guidelines on consulting with access and equity target groups and approaches to access and equity training. Work began in late 1992 on the first annual access and equity implementation report to the Prime Minister for tabling in Parliament, due at the end of 1993.

1 he Office of Multi-Cultural Affairs actively sought Aboriginal and Torres Strait Islander community input to the evaluation process and secured such community participation in promoting the access and equity strategy to Public Service managers. For the 1993 annual implementation report the research focus is on equity. Research has been commissioned on the concept of equity in Common­

wealth program design and delivery in an indigenous context. 198 — Recommendation Reports

While indigenous people have access to all departmental services, many would prefer to use services specifically tailored to the needs of, and delivered by, indigenous people. To this end, the Department has implemented a range of measures, including giving funding priority to services or projects for indigenous people run by indigenous people; targeting a proportion of program places or funding to indigenous people, such as the 2 percent national client target set by the Commonwealth Rehabilitation Service; assisting indigenous bodies to train staff in management and service delivery skills through management training packages such as that developed with Aboriginal Hostels Ltd; and facilitating the develop­ ment of funding proposals by communities through Aboriginal Children’s Serv­ ices Workers and other community development strategies.

Department o f Social Security (DSS) Special efforts are made to ensure that Aboriginal peoples and Torres Strait Islanders have full access to Social Security advice, information and entitlements. The service to Aboriginal and Torres Strait Islander clients is provided mainly

through the Department’s network o f220 Regional Offices. There is an Aboriginal and Torres Strait Islander Services Section in the National Administration Office, Canberra, responsible for the policy development and overall management of the Department’s Aboriginal and Torres Strait Islander Services, and Aboriginal and Torres Strait Islander Services Units in Area Offices which are responsible for the administration of the services within individual Areas.

Several initiatives have been introduced by the Department to improve its services to residents of communities and towns with predominantly Aboriginal and Torres Strait Islander populations.

The Support Network for Aboriginal and Torres Strait Islander Parents was established in the 1989-90 Budget. It aims to address child poverty in Aboriginal and Torres Strait Islander communities through improving their children’s health and well-being. The program arose out of concerns that Aboriginal and Torres Strait Islander parents may not be receiving the full range of assistance to which they are entitled in respect of their children. There are 25 network officers currently working in specified Regional Offices and Area Offices throughout Australia, targeting Aboriginal and Torres Strait Islander communities. Their tasks include ensuring that Aboriginal and Torres Strait Islander parents/primary carers are receiving their correct social security entitlements and assisting parents to gain access to other Government agencies’ family/child-related programs and services. As an outreach program, Network officers visit Aboriginal and Torres Strait Islander communities to develop parents’ knowledge of social security entitle­ ments and co-ordinate other government programs aimed at assisting families.

200 --- Recommendation Ropnric

There are 124 Community Agent positions in Aboriginal and Torres Strait Islander communities throughout Australia.

Aboriginal and Torres Strait Islander Commission In November 1992 the ATSIC Board endorsed a process for the development o f an Access and Equity Plan for ATSIC. To assist in this process, the Board established a sub-committee to facilitate and direct the development of the Plan. ATSIC is in the process of developing a plan to ensure that Aboriginal peoples and Torres Strait Islanders receive appropriate access to and equity in the services and programs that ATSIC delivers and for which it has co-ordinating responsibility.

In June 1993 the Commission Board directed that the Plan be given priority and determined that Torres Strait Islanders living on the mainland be given focus as an access and equity target group.

Contact Officers

Mr Con Pagonis Equity and Community Relations Branch, OMA, PM & C Telephone (06) 2715479 Facsimile (06) 2715939

Mr Jim McCarthy Executive Branch, DEBT Telephone (06) 2033407 Facsimile (06) 2033457

Mr Jim Kennedy Health Development Branch, DHHLGCS Telephone (06) 2898125 Facsimile (06) 2898483

Mr Bob Griffiths Client Services Branch , DSS Telephone (06) 2446553 Facsimile (06) 2447978

Mr Tony Hanrahan Social Justice Branch, ATSIC Telephone (06) 2893168 Facsimile (06) 2853741

202 — Recommendation Report^

to Aboriginal and Torres Strait Islander people. The Aboriginal and Torres Strait Islander Commission will be consulted in this regard.

1992-93 report

Under existing arrangements grants are provided under the Local Government (Financial Assistance) Act 1986 through State (including the Northern Territory) governments. In recognition that local government is an elected sphere of govern­ ment in its own right, the grants are untied and Councils use them to meet their own expenditure priorities. State Grants Commissions, which recommend on the distribution of the grants within their own States, develop their assessment

methodology consistent with principles approved under the Act by the Common­ wealth Minister for Local Government.

Although Aboriginal peoples and Torres Strait Islanders are included in the population statistics, it is not possible to gain a directly proportionate figure which might appropriately be spent on Aboriginal and Torres Strait Islander residents.

T h e Commonwealth agrees that incorporated communities other than formal local

government authorities, effectively performing local government functions, should have equal access to Commonwealth general purpose funding. The Common­

w ealth continues to take positive action to encourage local government to respond to the needs of its Aboriginal and Torres Strait Islander constituents.

In 1992 the Act was amended to provide road funding to Aboriginal communities recognised as performing local government functions.

Contact Officer

Mr Alex Blake Office of Local Government Branch Department of Health Housing Local Government and Community Services Telephone (06) 289 5520 Facsimile (06) 289 5623

204 — Recommendation Report.

the employment of relevant local councils to appoint Aboriginal commu­ nity advisory committees;

local government according appropriate respect for National Aborigi­ nal and Torres Strait Islander Week by initiatives such as flying the Aboriginal flag, a reception for community leaders, cultural displays and other initiatives;

the facilitation of Local Government support for, and active involve­ ment in, the process of reconciliation;

in consultation with ATSIC, the provision of cross-cultural awareness training for Local Government staff;

the promotion of the representation of Aboriginal people in local government;

the encouragement of the employment by local government of Aborigi­ nal and Torres Strait Islander contractors and/or contractors employ­ ing Aboriginal and Torres Strait Islander workers;

further conferences at the national level and within each State and Territory similar to the successful conference held in Townsville in 1991;

the identification and promotion of ‘best practice’ in Local Govern­ ment;

the participation o f local government authorities in the development and implementation of ATSIC’s regional plans;

the promotion of ongoing liaison between local government and ATSIC Regional Councils, DEBT and relevant State Government agencies on these initiatives;

the formation of State and Territory Advisory Committees on Aborigi­ nal and Torres Strait Islander local government issues including repre­ sentation from ATSIC Regional Councils; and

Specific initiatives recommended by the Reference Group include:

• establishing an Aboriginal policy officer position within the ALGA (jointly funded by OLG, DEBT, and ATSIC), to improve relations between local government and Aboriginal peoples and Torres S trait Islanders. This is being done through numerous mechanisms, including the co-ordination of Na­

tional Reference Group projects, participation and promotion of Aboriginal and Torres Strait Islander issues on national local government forums, co­ ordination of International Year of the W orld’s Indigenous Peoples initia­

tives, and representation at the 1993 International Union of Local Authorities World Conference in Toronto;

• establishing Aboriginal policy officer positions in both the Municipal Association of Victoria and the Local Government Association of Northern Territory (funded jointly by OLG and DEET);

• establishing a consultancy with the ALGA to determine practical responses to the House of Representatives Inquiry into the Needs of Mainly Urban Dwelling Aboriginal and Torres Strait Islander people (funded by OLG);

• holding regional Working Together Workshops involving local government and Aboriginal and Torres Strait Islander people in Western Australia (Kalgoorlie, Albany, Port Hedland and Derby), Northern Territory (Alice Springs and Darwin) and New South Wales (Moree Plains, Illawarra and North Coast). These workshops were funded jointly by OLG and ATSIC. They explored the need for a number of locally-based consultative mecha­

nisms between local government and ATSIC Regional Councils;

local government involvement in National Aboriginal and Islander Day Observance Committee activities. The Commonwealth Minister for Local Government and the Minister for Aboriginal and Torres Strait Islander Affairs have now for a third year, jointly signed letters to all local govern­ ments in Australia encouraging them to support and participate in the promotion o f national observance day activities;

Aboriginal Reconciliation Awards in Local Government. The OLG has worked with the Aboriginal Reconciliation Unit in the Department of the Prime Minister and Cabinet to establish a new category o f Local Government Innovations Awards, seeking to reward innovative activities and practices in Local Government which promote reconciliation between Aboriginal peo­ ples and Torres Strait Islanders and other people.

* ^ 0 8 ----- Recommendation Report.

Recommendation 202

The Commonwealth responded:

Training for the Aboriginal and Torres Strait Islander Commission Regional Councillors is a priority within ATSIC's Human Resource Development Plan. ATSIC is developing a strategy for an Elected Representatives Development Program which has involved an extensive needs analysis, and is about to implement a range of appropriate development packages.

Training for Aboriginal and Torres Strait Islander communities and organi­ sations is provided for through the Training for Aboriginals Program. The community-based elements of this program will be transferred from the Department of Employment, Education and T raining to ATSIC on 1 July 1992.

Through the community and regional planning process training strategies will emerge that are appropriate to local and/or regional needs with an emphasis placed on long-term training plans forming the basis for determin­ ing priorities.

1992-93 report

The Aboriginal and Torres Strait Islander Commission has allocated $600,000 each financial year ($10,000 to each of the 60 Regional Councils) for Regional Councillor professional development. This decision was made in early 1993 and as a result, $5,000 was allocated to each Regional Council to cover their training

needs from February to June 1993.

Regional Councillor Professional Development funds are transferred directly to each Regional Council. It is a matter for each Regional Council to determine the type of training its members wish to undertake, and the manner in which it will be presented. Regional Councils are assisted by Regional Managers and State training officers to plan and co-ordinate their training.

The emphasis in Regional Council Professional Development is on whole-of- Council training, with individual members also being able to access training through the Department of Employment Education and Training and other pro­ grams which provide assistance for courses ranging from literacy and numeracy to accredited courses in administrative and management skills.

---- Recommendation R<-pnr>.

Recommendation 203

The Commonwealth responded:

The Commonwealth supports this Recommendation and Regional Council: are required by the Aboriginal andTorres Strait Islander Commission Act 198i to prepare Regional Plans for improving the economic, social and cultura status of Aboriginal and Torres Strait Islander residents of the region. A process for the preparation of these plans has been referred to councils wit! the intention that preparation of the plans commences in early 1992.

The Aboriginal and Torres Strait Islander Commission has recently estab lished a Community and Regional Planning Program to facilitate planning bj Regional Councils and the development of community-based plans. Planning at both the regional and community levels is central to building and securing an economic base and for co-ordination of social and cultural development strategies.

The Commonwealth recognises the importance of community and regional planning as critical to economic and social development of viable self­ determining communities.

1992-93 report

All Regional Councils are required by the Aboriginal and Torres Strait Islander Commission Act 1989 to formulate and revise from time to time a Regional Plan for improving the economic, social and cultural status of Aboriginal and Torres Strait Islander residents of their regions.

Over the past 12 months, the evolution and progress of Regional Council planning has been remarkable. By June 1993, 52 of the original 60 Regional Councils had completed formal planning documentation.

Many Regional Councils are promoting and encouraging all levels of Government to participate in their planning processes and inviting appropriate responses and critique from agencies to their completed planning documents in an attempt to strengthen relationships and to define more effective planning processes.

Aboriginal and Torres Strait Islander Commission policy and program funding support through the Regional Development and Planning program encourages

2 1 2 ---- Recommendation Reports

Recommendation 204

The Commonwealth responded:

The Commonwealth agrees with this Recommendation. The guidelines for the Aboriginal and Torres Strait Islander Commission Community and Regional Planning and Development Program satisfy the Recommendation. The guide­ lines emphasise the upgrading and development of planning skills in commu­ nities as an alternative to excessive use of experts and consultants, as is necessary to ensure that the process is truly participatory and that ownership of the resultant plans clearly resides with the community.

The community planning program will be closely monitored in its first year with a view to making any modifications to the guidelines necessary to improve the program’s appropriateness and performance.

I he Commonwealth notes the support of States and Territories for this Recommendation and will take steps to encourage State and Territory funding agencies, involved in the provision of support to Aboriginal and Torres Strait Islander people, to integrate service delivery with community and regional plans.

The Commonwealth notes that the importance of the role of Aboriginal and Torres Strait Islander women in their communities must be borne in mind in designing an appropriate participatory methodology. ATSIC’s Office of Indigenous Women will seek to ensure that women’s issues are identified in assessing Aboriginal needs and aspirations.

1992-93 report

During 1992-93 the Aboriginal and Torres Strait Islander Commission provided $4.21 m for the development of Regional Plans, comprising $2.21m for program costs and $2m for administrative costs'. The program expenditure was $2.2m.

During 1992-93,52 of the 60 existing Regional Councils provided the Commission with copies of formal planning documentation ranging from broad framework documents to sophisticated and detailed strategic plans. The majority of these documents (75 per cent) are in draft form and it is intended that they should be

further developed and finalised in the near future.

2 1 4 ----- Recommendation Repo.,.

Islander community and organisational strategic planning as a valuable an legitimate basis for planning and co-ordinating the delivery of programs t Aboriginal and Torres Strait Islander peoples.

Office of Indigenous Women ATSIC’s Office of Indigenous Women, as part of its reporting on the polic effectiveness of the implementation of responses to Recommendations o f th Royal Commission into Aboriginal Deaths in Custody sought a standard set c performance indicators related to gender issues from all Commonwealth agencie which have reporting responsibilities in relation to Royal Commissio: recommendations.

For 1993-94, as part of a revision of ATSIC’s program structure, the regional ani community planning functions have been incorporated into the Regional Develop ment and Planning component which includes community training, Economl·

Development Conferences, In-work Traineeships and full-time Professional Stud; Grants. Allocation of the funds in the component to specific projects of any typi is primarily a Regional Council responsibility.

The decision to reduce the number of Regional Councils from 60 to 36 wil obviously have implications for the continued development of Regional Plans Where existing Regional Councils will be amalgamated — most Regional Coun cils — the newly-created Regional Councils will need to review existing Regiona

Plans as a basis for formulating a revised Plan to reflect boundary changes anc changed priorities.

The production of community/organisational plans is expected to continue during 1993-94. ........

Contact Officer

Mr. Howard Patrick .

Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 2898915 Facsimile (06) 2853604

2 1 6 — Recommendation Report»

networks and related communications fields such as satellite-linked, compressed video networks. Aboriginal and Torres Strait Islander organisations are also becoming more involved in applications for public television licences and as co-sponsors for submissions to the Federal Government’s inquiry into the use and operation of the sixth UHF television channels in each major capital city.

b. The Commonwealth, in supporting this Recommendation, notes that it is an area where it can largely be a catalyst with both media proprietors and media unions. DEBT has negotiated Aboriginal and Torres Strait Islander employment strategies with the ABC and the SBS. In keeping with the objectives of the Aboriginal Employment Development Policy, the Commonwealth will continue to develop strategies to facilitate Aboriginal and Torres Strait Islander employment and training across the whole of the broadcasting and media industry, and will offer assistance similar to that provided to the ABC and SBS to private sector

media organisations which seek to implement comparable Aboriginal and Torres Strait Islander employment and career development initia­ tives. This may include assistance for the interchange of broadcasters and journalists between private sector media and Aboriginal and Torres Strait Islander community sector media organisations.

1992-93 report

(a) — Aboriginal and Torres Strait Islander broadcasting has been the subject of a review process which began in 1991. As a result, ATSIC adopted a new Broadcasting Policy in April 1993.

The aim of this policy is to secure the empowerment of Aboriginal peoples and I orres S trait Islanders through control of their own broadcasting and communications services, access to other broadcasting and communications services, and produc­ tion of their own linguistically and culturally relevant programs, in recognition of their status as indigenous Australians. The policy supports, among other things, the:

promotion o f the newly-established National Indigenous Media Associa­ tion of Australia as the major representative body of Aboriginal and Torres Strait Islander broadcasters;

218 — Recommendation Rep»*.

ATSIC allocated $ 1.25m in 1993-94, to commence a three-year program to up grade Broadcasting for Remote Aboriginal Communities Scheme services and th training of BRACS operators and communities. A further $107,000 has bee allocated to Batchelor College to enhance the effectiveness of its BRACS training

The Department of Transport and Communications has increased its allocation ti the Public Broadcasting Foundation for Aboriginal and Torres Strait Islande community radio broadcasters from $249,000 in 1992-93 to $530,000 in 1993-94

(b) — In February 1993 the Commonwealth convened a major conference t< discuss the Royal Commission’s recommendations relating to Aboriginal peopl· and the media. As well as ATSIC and representatives of Aboriginal peoples anc Torres Strait Islanders, the conference attracted representatives of the print anc electronic media, the Department o f Transport and Communications and the

National Indigenous Media Association of Australia.

The conference considered a draft, Statement o f Principles fo r Media Reporting oJ Aboriginal and Torres Strait Islander Issues in Australia. The draft statement wa: well-received and was circulated for further comment after the views of the conference were taken into account. It is currently in the process of final amend­ ment to take account o f comments made during consultation, prior to public release.

The Department of Employment, Education and Training has continued to operate major employment and career development strategies with the Australian Broad­ casting Corporation and the Special Broadcasting Service. These strategies have been very successful with the ABC strategy due for completion by June 1996.

Additional funds have been made available for the recruitment and training of up to four new cadet journalists with ABC Radio.

At the time of the Media and Indigenous Australians Conference in February 1993, negotiations were under way with:

• Film Australia;

220 —

Australian Film Commission;

Film Finance Corporation; and the

Australian Film, Television and Radio School.

Contact Officers

Mr Graham Dash Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3137 Facsimile (06) 282 4553

Mr Tom Motherwell Broadcasting Policy Branch Department of Transport and Communications Telephone (06) 274 6573 Facsimile (06) 274 6546

Mr Alan Ross Aboriginal Employment Strategies Branch Departmen; of Employment, Education and Training Telephone (06) 240 8870 Facsimile (06) 240 8970

222 ------ Recommendation Reports

Alliance including the appointment of a consultant for 12 months to raise the awareness o f Aboriginal and Torres Strait Islander employment issues within the media and communications industry. It is expected that DEBT and the Media Alliance will be able to negotiate employment agreements with the mainstream print and electronic media similar to agreements already in place with the ABC, SBS and Time Australia.

DEET has also negotiated an employment strategy with Commonwealth film agencies.

These agreements and strategies will enable DEET to encourage and support the establishment of annual awards for Aboriginal affairs reporting.

The report on Recommendation 205 also relates to this matter.

Contact Officer

Mr Brendan O ’Dwyer Office of Public Affairs Aboriginal and Torres Strait Islander Commission Telephone (06)289 3011 Facsimile (06) 282 2854

2 2 4 — Recommendation Bopor+c

It is envisaged that the reference group will be established by the beginning of 1994.

The composition of the reference group is to include Aboriginal and Torres Strait Islander people, academics, a media employer representative, a Media Entertain­ ment and Arts Alliance representative and DEBT representatives.

Contact Officer

Mr Brendan O ’Dwyer Office of Public Affairs Aboriginal and Torres Strait Islander Commission Telephone (06)289 3011 Facsimile (06) 282 2854

2 2 6 ------ Recommendation

Contact Officer

Mr Brendan O ’Dwyer Office of Public Affairs Aboriginal and Torres Strait Islander Commission Telephone (06)289 3011 Facsimile (06) 289 3011

2 2 8 — Recommendation Report»

The majority of the members of the Aboriginal and Torres Strait Islander Arts Committee and its artform panels are Aboriginal and Torres Strait Islander arts practitioners. All staff of the Aboriginal and Torres Strait Islander Arts Unit

secretariat (which provides administrative support for the Arts Committee) are Aboriginal and Torres Strait Islander people.

The Budget allocation for 1993-94 is $3.765m. It is also intended to publish a Programs of Assistance booklet for 1994 which will include new policies for performing arts and literature.

In addition to assistance provided by the Aboriginal and Torres Strait Islander Arts Board, ATSIC supports the production and marketing of art and craft through its A n and Craft Industry Support Strategy. Through this strategy, assistance is given to indigenous arts centres, art and craft is promoted through sponsorship of domestic and overseas exhibitions, and support is given for a database of artists and a directory of resources.

ATSIC’s principal strategy has been to support the creation of a network of Aboriginal and Torres Strait Islander art centres to provide support to artists and develop marketing arrangements for artistic production. During the year action was

taken to rationalise and stabilise funding support to existing community-based art centres, with core funding going to 24 centres. Upgrading the management and financial systems of art centres continues to be a priority.

A marketing study was commissioned during the year to identify existing and future market opportunities and propose strategies to exploit them.

Contact Officers

Ms Lesley Bangama Fogarty Aboriginal and Torres Strait Islander Arts Australia Council Telephone (02)950 9048 Facsimile (02) 950 9111

Mr Michael Haeusler Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3329 Facsimile (06) 285 3604

230 — Recommendation Repo*.

Management of this program will be a joint activity between the Staff Development and Staff Services Branches of the Corporate Services Division. Staff Services Branch holds responsibility for the recruitment aspects of the Plan, while Staff Development Branch is responsible for the career development aspects.

Current and projected expenditure is: 1992- 93: $ 68,630 1993- 94: $250,000

Aboriginal and Torres Strait Islander Commission ATSIC is in the process of delivering cross-cultural awareness training to all Commission staff. To date, some 320 Commission staff have undertaken such training.

The Commission is also exploring the concept of delivering cross-cultural aware­ ness training to other government departments and agencies in the Australian Public Service. To date the Commission has had approximately 60 Aboriginal and Torres Strait Islander staff trained as cross-cultural mediators which provides them with accreditation to deliver such training.

While there is a huge demand for cross-cultural awareness training within the Australian Public Service, ATSIC will endeavour to play a vital role in the delivery of such training. To complement ATSIC’s work in this area there are a number of Aboriginal and Torres Strait Islander people offering cross-cultural awareness training to a wide range o f organisations within the public and private sectors. Through their collective efforts, these Aboriginal and Torres Strait Islander consultants are playing a valuable role in the delivery of such training to the wider community.

Contact Officers

Mr Mike O ’Ryan Regional Support, Planning and Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 8930 Facsimile (06) 281 4240

Ms Carmel McGregor Staff Development Branch Department of Employment, Education and Training Telephone (06)240 8652 Facsimile (06) 240 9295

2 3 2 ------ Recommendation Reporf.

Recommendation 212

The Commonwealth responded:

The Commonwealth recognises the role of the Human Rights and Equal Opportunity Commission in giving effect to this Recommendation and will fund a community education and training program to be undertaken by the Commission. It will pursue its programs in this area in consultation with the

Aboriginal and Torres Strait Islander Commission and other Aboriginal organisations.

Preliminary discussion with Aboriginal organisations have already been held to advance this Recommendation.

It would be appropriate for the ATSIC network to be utilised to facilitate consultation and dissemination of information.

The Commonwealth recognises that a double disadvantage exists for Aborigi­ nal and T orres Strait Islander women in that they fall within at least two of the four designated equal employment opportunity target groups.

1992-93 report

Development of an accredited program of training for Legal Field Officers o f the Aboriginal and Torres Strait Islander legal services has begun with the develop­ ment of a course proposal by the Aboriginal and Torres Strait Islander Social Justice Commission. The course proposal has been circulated to all the legal services for comment.

The program report, National Aboriginal and Torres Strait Islander Legal Field Officer Training Course also relates to this matter.

Contact Officer

Mr Leri Wilder Human Rights and Equal Opportunity Commission Telephone (02) 229 7600 Facsimile (02) 229 7611

234 — Recommendation Rppnrt.

Contact Officer

Dr Merrilyn Semack Human Rights Branch Attorney G eneral’s Department Telephone (06)250 6756 Facsimile (06) 250 5911

Recommendation Report.

Recommendation 215

The Commonwealth responded:

The Australian Federal Police will consult with the Wreck Bay Community Council and all other appropriate Aboriginal organisations in the Jervis Bay region on the issues raised in this Recommendation.

1992-93 report

In the Jervis Bay Territory this Recommendation is met by continuing liaison between Australian Federal Police staff and the Wreck Bay Community Council. The Council has indicated that it prefers informal liaison rather than a regular formal meeting and that it prefers to operate on a ‘needs’ basis. Informal liaison continues regularly. It is considered that the present arrangements appropriately address all parts of the Recommendation.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

------ Recommendation

Recommendation 221

The Commonwealth responded:

The Commonwealth supports this Recommendation. However, it anticipate; that there are very limited funding implications in view of its jurisdictior being confined to Jervis Bay.

1992-93 report

The Commonwealth supports this Recommendation. However, it anticipates that there are very limited funding implications in view of its jurisdiction being confined to Jervis Bay.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

2 4 0 — Recommendation Reports

Recommendation 223

The Commonwealth responded:

For Jervis Bay the Australian Federal Police (AFP) consults with the Wrecl Bay Aboriginal Community Council and other appropriate Aboriginal or ganisations in the Jervis Bay region. In addition to this, AFP Regiona Instruction requires that the Aboriginal Legal Service or Aboriginal Liaisor Committee be notified when Aboriginal persons are arrested or detained Where an Aboriginal person is intoxicated, he or she is normally released intc the care of a committee member.

The Aboriginal and Torres Strait Islander Commission, in consultation with relevant agencies and organisations, will participate in the development oi protocols as required. The Commonwealth will seek reports on this Recom­ mendation from the Police Ministers’ Council.

1992-93 report

The Commonwealth response to Royal Commission Recommendation 1 required that Commonwealth/State Ministerial forums give ongoing consideration to progress in implementing Royal Commission Recommendations falling within their sphere

of interest. The Australasian Police Ministers’ Council was tasked with placing the above Recommendations on its agenda, for discussion of implementation.

A consolidated report on the implementation of this Recommendation within jurisdictions will be presented to the APMC meeting in November 1993. A draft report has been prepared, and this details developments within the States and Territories, including increased liaison between Aboriginal Legal Services and

Police Services and the development of local community consultative committees.

Contact Officer

Ms Christine Howlett Law Enforcement Police Branch Federal Justice Office Attorney General’s Department Telephone (06)270 2238 Facsimile (06) 270 2254

2 4 2 — Recommendation R eport,

C ontact O fficer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

2 4 4 — Recommendation Report-

1992-93 report

All State and Territory Legal Aid Commissions have been advised that funds art available to reimburse them for costs incurred in providing legal representation foi people in relation to complaints against police. No expenditure has been incurrec in relation to this program so far, and no applications for legal assistance have beer advised. Such applications are unlikely because it is expected that Aboriginal Legal Services, rather than Legal Aid Commissions, will be the contact foi Aboriginal and Torres Strait Islander people who wish to have legal assistance in the process of complaint.

All State and Territory Legal Aid Commissions have been consulted and advised that funds are available to reimburse them for costs incurred in providing legal representation for people in relation to complaints against police.

No specific resources have been committed to this program by the Attorney General’s Department as the work is handled either in-house, by Legal Aid Commission staff, or by the private legal practitioner who has been engaged by the family.

An amount of $9.7m was allocated to Aboriginal Legal Services for enhancement of their services, including increased access to legal assistance (including dealing with police complaints). The Program report, Aboriginal Legal Services, contains details on this matter.

Contact Officer

Mr Peter Gibson Office of Legal Aid and Family Services Attorney-General’s Department Telephone (06) 250 6865 Facsimile (06) 270 2254

Mr Tony Hanrahan Social Justice B ranch' Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile (06) 285 3741

246 — Recommendation Repnrt.

Recommendation 228

The Commonwealth responded:

Australian Federal Police (AFP) new members training addresses the; topics, albeit to a limited degree. They are covered in greater detail durin local procedures training. Further, a program of two day workshops coi ducted by the Aboriginal Educational Consultative Group with Technical an Further Education has been introduced for sergeants and constables. Th has also been extended to other courses. These initiatives were funded in th

1991-92 Budget.

1992-93 report

Implementation o f this Recommendation is fully addressed in the Australia Federal Police Report on its funded program, Police Training, which is provide elsewhere in this Annual Report.

Extensive co-ordination, including with Aboriginal Educators, the Police/Aborigi nal Liaison Committee and the Aboriginal and Torres Strait Islander Commissior occurred in the implementation of the Recommendation.

Further development o f existing cross-cultural awareness seminars/workshop and courses will be undertaken as the need arises.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

2 4 8 — Recommendation R e p o r t .

Recommendation 230

The Commonwealth responded:

The Commonwealth will make available in 1991-92 and 1992-93, through the Department of Employment, Education and T raining, $50-000 on a once-only basis to allow each State and Territory to employ a consultant to develop Aboriginal employment strategies which would extend existing State and Territory Government employment strategies, including bridging courses, to agencies responsible for non-custodial sentencing programs (Recommenda­ tion 114), correctional service agencies (Recommendation 178), police forces (Recommendation 228).

Where the Australian Federal Police has identified Aboriginal and Torres Strait Islander people who are suitable but for their educational qualifications it will look to design suitable courses to meet their needs.

1992-93 report

The Commonwealth made available, in 1991-92 and 1992-93, through the Depart­ ment of Employment, Education and Training, $50,000 on a once-only basis to each State/Territory to employ a consultant to extend existing State/Territory Government employment strategies to agencies responsible for non-custodial sentencing programs. (See also Recommendation 228 which has been imple­ mented by employment of Aboriginal consultant and specific training initiatives).

1 he Australian Federal Police Equal Opportunity Program addresses this Recom­ mendation.

I he Equal Employment Opportunity Officer or Cross-cultural Training Officer, encompass these requirements in their responsibilities.

C ontact O fficer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

250 — Recommendation Report.

BREAKING THE CYCLE: ABORIGINAL YOUTH Recommendations 234 - 242

Recommendation 234

The Commonwealth responded:

At present, all Legal Aid Commissions and Aboriginal Legal Services provide legal advice and representation for juveniles, generally free o f any means test.

1992-93 report

See report on Recommendation 90, page 103.

Contact Officer

Mr Tony Hanrahan Social Justice Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3168 Facsimile 06) 285 3741

252 — Recommendation Renorty

R e c o m m e n d a t i o n 236

The Commonwealth responded:

The Commonwealth recognises and acknowledges the importance of local community-based and devised strategies. The Commonwealth will seek to put in place an Aboriginal and Torres Strait Islander Youth Strategy focusing on community-based plans through which support will be provided for locally identified youth needs (see Commonwealth response to Recommendations 62 and 237).

1992-93 report

The findings of the Royal Commission recognised the need for a process of negotiating with Aboriginal communities and organisations in devising youth programs as well as recognising that local community-based and devised strategies have the greatest prospect of success. In response to this, priority has been given to the development and implementation of programs designed to keep people out of the criminal justice system.

New programs which have been developed for young people by the Aboriginal and Torres Strait Islander Commission, specifically target juvenile justice, unemploy­ ment, sport and recreation and include a general Young People’s Development Program. ATSIC Regional Councils and Aboriginal and Torres Strait Islander organisations and communities are involved in the implementation and monitoring of these programs. Where appropriate and possible, Aboriginal and Torres Strait

Islander people will be employed and trained as part of the programs. Initiatives developed under the Youth Social Justice Strategy have also provided more focus on community-based and devised strategies.

I he Aboriginal and Torres Strait Islander Youth Working Group, chaired by A ISIC and including the Department of Employment, Education and Training, the Department of Health, Housing, Local Government and Community Services, the Department of Social Security and the Department of the Prime Minister and Cabinet, has been operating since December 1991. This Working Group has monitored the participation of Aboriginal and Torres Strait Islander people in the

implementation of the Government’s Youth Social Justice Strategy initiatives, and f urther identified the needs of young Aboriginal and Torres Strait Islander people and barriers to effective service delivery to this group.

254 ----- R ecom m endation Report^

Several Youth Social Justice Strategy and related initiatives have identified the needs of young Aboriginal and Torres Strait Islander people and developed innovative ways to meet these needs. These include the Disadvantaged Young People’s Program, the Youth Strategy Action Grants Program, Youth Information

and Access Pilot Programs, the development of occupational information and a Study o f Youth Service Provision in Rural and Remote Australia. Youth Action Plans were also introduced in DEET which target young Aboriginal and Torres Strait Islander people as a priority group for the planning and delivery of youth

servicing.

ATSIC has developed and implemented four new youth-specific programs:

The Youth Bail Accommodation Program is a national program. By providing the courts and police with an alternative in the form of bail accommodation and supervision, it is anticipated that fewer young people will be given custodial sentences. It is envisaged that each State and Territory will be given the opportunity

to develop at least one project following the full support of ATSIC Commissioners, the local community and relevant authorities of the S tate or Territory. S uch support is crucial to ensure maximum use and effectiveness of projects which will be monitored at the regional level. Total funding of $6.46m over five years will be provided. To date, one project has been established in Brisbane, an Alice Springs project is expected to start in 1993-94, and two or three other projects are in the early

stages of development.

The Young Person’s Sport and Recreation Development Program provides total funding of $8.36m over five years to State Governments and has employed up to 38 Development Officers 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 in relation to co-funding arrangements, project objectives and procedures for evaluation after two years of program delivery.

The Young People’s Development Program aims to provide, in co-operation with States and Territories, programs to address the extreme disadvantage of young Aboriginal and Torres Strait Islander people. 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 hostel accommodation and the remainder is to be included in ATSIC Regional Council allocations.

— 255 Recommendation Reports

The Regional Development and Planning program (formerly the Young People’s Employment Program/Inwork) aims to improve the employment prospects of young Aboriginal and T orres Strait Islander people by providing part-time employ­ ment placements linked to TAPE training for up to two years in Aboriginal and Torres Strait Islander organisations. Its development was based on the Career Start Traineeship administered by DEBT. Co-ordinators have been appointed in each mainland State. A pilot intake of 50 trainees commenced in 1992-93, and will be increased in 1993-94.

Issues which need to be addressed for this program include:

• whether the program should be a national or regional scheme;

• the remuneration of trainees;

• the need for an overall increase in the flexibility of 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 the training/employment proposals which could be funded through the program; and

• the links between In-work and DEBT schemes, including Career Start Traineeships and the Australian Vocational Certificate.

Further information on each o f these four Programs is available in the respective Program reports elsewhere in this Annual R eport

Of the total funding of $23m over five years allocated to the Young People’s Development Program, $2.15m was transferred to Aboriginal Hostels Limited to provide for immediate hostel accommodation. Aboriginal Hostels Limited advise that the 1992-93 and 1993-94 capital funds are to be spent on the following two projects:

f Tennant Creek NT — 20-bed Secondary Student Hostel: following comple­ tion of detailed research, negotiations for land acquisition from the NT Government is almost complete. Hostel design is complete and ready for tender. It is estimated construction will be completed early in 1994 at a cost of $950,000.

256 — Recommendation R e p o r t .

• Kimberlevs WA — Secondary Student H ostel: detailed research to establish parameters to construct a secondary student hostel in Kununurra or Derby, WA was being undertaken during October 1993. The balance of funding of $550,000, together with funds held by the Company from proceeds of property sales, will be expended during the 1994 calendar year.

Further details are provided in the Program Report, Young People’s Development Program.

Programs administered by DEBT that provide funding to local agencies, including community organisations, to devise strategies for young Aboriginal and Torres Strait Islander people include the following:

• The Disadvantaged Youth Program program, operating with $2.85m annual funding, provides vocational support and assistance to particularly disadvan­ taged young people through mentor/broker services. In 1992-93, A total of 273 young Aboriginal and Torres Strait Islander people (10.8 per cent of program participants) were assisted by the program. A number of projects employ Aboriginal and Torres Strait Islander workers while others draw on

local Aboriginal andTorres Strait Islander counselling and tutorial resources to complement their services.

• In 1992-93,26 out of 64 Youth Strategy Action Grants went to projects that targeted young Aboriginal and Torres Strait Islander people. In addition, 25 projects have targeted young offenders. Program outcomes to date include access to information, training, employment, personal development and integration into the community. Aboriginal and Torres Strait Islander agen­

cies are eligible to apply for funding. Co-ordination between agencies is encouraged. Where young Aboriginal and Torres Strait Islander people are targeted, consultation should occur with local Aboriginal and Torres Strait Islander agencies and Regional Councils, although it is not known to what

extent this occurs in all projects.

• TheD EET Youth Information and Access Pilots have been in operation since March 1992, developing strategies to improve the access to information about youth services and programs by young Aboriginal and Torres Strait Islander people, particularly those who are young offenders. The develop­ ment of strategies and materials should have application in the wider DEBT network. Pilots are currently operating in Turana in Victoria, Victoria Park in Western Australia and the Logan region in Queensland. Two of the project officers are Aboriginal. Each of the pilots has developed strategies to link

Recommendation Reports — 25 7

with local community-based Aboriginal and Torres Strait Islander organisa­ tions or other agencies providing services to these clients.

• The development of occupational information for young Aboriginal and Torres Strait Islander people has included an International Year o f the W orld’s Indigenous People edition of the Streetwize comic, the production of the second and third Community Job Guides for the Northern Territory and purchase of videos for Aboriginal and Torres Strait Islander women. The Streetwize comic was written by an Aboriginal writer with stories developed by young Aboriginal and Torres Strait Islander people. The comic and Job Guides will be evaluated by Aboriginal and T orres Strait Islander consultants

and communities. Resource allocation was $87,000 for the comic, $15,000 for the Job Guides, $11,000 for the videos and an additional $214,000 to support the IYWIP Youth Conference.

♦ A discussion paper on youth service provision in rural and remote Australia has been researched and developed. Findings have pointed to the need to improve servicing to rural and remote areas and to promote regional planning to target disadvantaged young people living in these communities, a signifi­ cant proportion of whom are Aboriginal and Torres Strait Islander people. ATSIC and the Office of Northern Development have been represented on the project steering committee. A resource document is also being developed for feedback to communities participating in the study, including issues identified, a mapping o f youth agencies and initiatives which may be useful to local communities.

In addition, targeting of resources for young Aboriginal and Torres Strait Islander people, including young offenders, continues to be improved through increased Youth Access Centre servicing, co-location of youth services, Department of Social Security (DSS) pilot projects, National Youth Grants, and supported accommodation programs, all of which are designed to increase participation in labour market programs, income support and further education.

Evaluation of the Youth Information and Access Pilots will be conducted during 1993-94. In addition, proposals have been prepared to commence development of effective information materials, including a video for young Aboriginal and Torres Strait Islander people who are detained in juvenile detention centres.

Some Departments have developed new policy proposals that relate to the findings of the rural study, and DEBT has targeted young people living in rural and remote localities within existing programs for the next financial year; Youth Strategy

258 ------ Recommendation Rcgortl

Action Grants will give priority to funding projects that target disadvantaged young people living in rural and remote localities and the Youth Career Information and Advisory Program will allocate resources to conduct outreach, particularly in rural and remote areas, including the employment of Aboriginal and Torres Strait

Islander workers to deliver the program.

The reports on Recommendations 62,237,238 and 310 relate to this matter, as well as the Young People Overview Report.

Contact Officers

Ms Helen McDevitt Youth Bureau Department of Employment Education and Training

Telephone (06) 240 8224 Facsimile (06) 240 8197

Ms Margaret Palmer Health and Community Development Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3164 Facsimile (06) 282 3601

Recommendation R eports ------ 259

Recommendation 237

The Commonwealth responded:

Under the proposed Aboriginal and Torres Strait Islander Youth Strategy, the Commonwealth will examine funding to Aboriginal and Torres Strait Islander organisations to employ community youth workers and recreation officers to assist communities in the implementation of youth programs.

Under the Public Service strategies, funded by the Commonwealth through t he Department of Employment, Education and T raining (DEBT), States and Territories will be asked to emphasise recruitment and training of Aboriginal and Torres Strait Islander people in youth program service areas.

The Commonwealth will provide funding for Aboriginal and Torres Strait Islander organisations to establish supervised juvenile bail hostels, with Aboriginal and Torres Strait Islander people as supervisors and mentors/ counsellors. These workers will provide an integrated approach to meeting individual needs by facilitating access to appropriate programs and services.

1992-93 report

The Aboriginal and Torres Strait Islander Commission and the Department of Employment, Education and Training have taken responsibility for separate initiatives as a result of this Recommendation.

As part of an overall ATSIC strategy to address youth issues, four specific ATSIC programs have been developed, designed and implemented via projects in all States/Territories with these commitments in mind:

In-work Traineeship Program The In-work Traineeship Program was developed by ATSIC in 1992-93. Its development was based on the Career Start Traineeship Scheme which was administered by DEBT. $711,000 was allocated in 1992-93 and $248,000 was expended. In-work co-ordinators were appointed in each of the mainland States. All trainees under this program are young people.

Eighteen trainees were appointed to 12 organisations in Victoria ($118,433); 30 in South Australia through five organisations ($118,147); and in the Northern

Recommendation Rggcrts

Territory, two trainees were appointed in Tennant Creek ($11,052). Further details are provided in the relevant Program Report.

Youth Bail Accommodation Program The ATSIC Youth Bail Accommodation Program was developed in response to representations made by an Aboriginal organisation during the consultation process of 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 full support of ATSIC Commissioners, the local community, and the State and Territory judicial authorities. Such support is vital to ensure maximum use and effectiveness of projects, which will be monitored at

the regional level.

The objectives of the program are to reduce the rate at which young Aboriginal and Torres Strait Islander people are remanded in police custody or Juvenile Detention Centres.

By providing the Courts and police with an alternative in the form of bail accommodation and supervision, it is anticipated that fewer young people will be given custodial sentences.

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. The relevant Program Report provides more detail on this program.

Young Persons' Sport and Recreation Development Program 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 agree­

ments have been entered into with States and Territories in relation to co-funding arrangements, project objectives and evaluation procedures after two years of program delivery.

Total funding o f $8.36m over five years is intended to provide consistent yearly grants to States and Territories. The allocations were approved by the Board of ATSIC Commissioners following extensive consultation with relevant State or Territory agencies.

Young People's Development Program The objective of this program is to provide, in co-operation with States and Territories, programs to address the extreme disadvantage of young Aboriginal and

Recommendation R eports ------ 261

Torres Strait Islander people. 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 has been approved as ATSIC Regional allocations in support of a number of Regional and multi-Regional projects dealing with specific youth issues.

The Department of Employment, Education and Training has designed and introduced a network of Youth Information and Access Pilots.

Three projects, in Victoria, Western Australia and Queensland, have been in operation since March 1992 aimed at developing strategies to improve access to information about youth services and programs for Aboriginal and Torres Strait

Islander young people, particularly those who are young offenders. The pilots are currently developing and implementing best practice methods including the development of appropriate and effective materials and products for both the clients and staff. The development of these materials should also have application

in the wider DEBT network.

The pilot project positions are staffed by Aboriginal or Torres Strait Islander people who have developed strategies to link community-based organisations and other agencies providing services to Aboriginal and Torres Strait Islander clients. Through personal contact, and with an emphasis on employment, education and training for young people, pilot objectives are to:

• provide assistance to those people already incarcerated or at risk of this;

• put preventative programs in place to help reduce offending rates; and

• through increased access to information and advice, impact on the successful transition of young offenders to adulthood

262 — Recommendation Reports

Contact Officers

Ms Margaret Palmer Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3164 Facsimile (06) 282 3601

Ms Helen McDevitt Youth Bureau Department of Employment, Education and Training Telephone (06)240 8224 Facsimile (06) 240 8197

Recommendation R eports ------

Recommendation 238

The Commonwealth responded:

Under the proposed Aboriginal and Torres Strait Islander Youth Strategy the Commonwealth will examine the employment and training of Aboriginal and Torres Strait Islander people to deliver programs to Aboriginal and Torres Strait Islander youth.

In the juvenile bail hostels to be established by Aboriginal and Torres Strait Islander organisations with Commonwealth funding, Aboriginal and Torres Strait Islander people will be employed as supervisors and mentors/counsel­ lors.

The Commonwealth acknowledges the support of this Recommendation by the States and Territories. Under the Public Service strategies, funded by the Commonwealth through the Department of Employment, Education and Training, States and Territories will be asked to emphasise recruitment and training of Aboriginal and Torres Strait Islander people in youth program service areas.

1992-93 report

See Recommendation 237, page 260.

Contact Officers

Ms Helen McDevitt Youth Bureau Department of Employment Education and Training Telephone (06)240 8224 Facsimile (06) 240 8197

Ms Margaret Palmer Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3164 Facsimile (06) 282 3601

264 — Recommendation R e p o r t .

Recommendation 239

The Commonwealth responded:

The Commonwealth comprehensively reviewed child welfare legislation fol­ lowing the Australian Law Reform Commission Report on Child Welfare (1981). This resulted in the enactment of the Australian Capital Territory Children’s’ Services A ct1986, of which s. 31 placed limitations on the arrest of children and

s. 33 limitations on criminal proceedings (whether or not a caution has previously been given is a matter to be taken into account) as part of a complete regime. The provisions also apply to Jervis Bay Territory where there is a significant Aboriginal and Torres Strait Islander population.

At the national level the Review o f Commonwealth Criminal Law (Fifth Interim Report-June 1991) has made recommendations concerning the criterion for arrest which will limit the likelihood of arrest in relation to all people who have committed Commonwealth offences. The criterion is so strict that it is similar

to that which applies to juveniles under the Australian Capital Territory Children’s’ Services Act 1986. Accordingly there is little scope for different criteria aimed at juveniles and it is sufficiently flexible so as to take into account the special circumstance of a juvenile. The Commonwealth Attorney-

General’s Department supports these Recommendations and will be putting forward proposals to amend relevant provisions of the Crimes Act 1914 in the near future.

The Australian Federal Police notes that the Recommendation is addressed by Regional Instructions 15 and 16 and General Instruction 13.

1992-93 report

In 1992-93 the Crimes (Search W arrants and Powers of Arrest) Amendment Bill 1993 was drafted.

The Bill implements the recommendation of the Review of Commonwealth Criminal Law, noted in the Royal Commission’s Report, that the criterion for arrest be amended to limit the likelihood of arrest in relation to people suspected of committing Commonwealth offences.

The Bill will insert section 3V into the Crimes Act 1914 (Cwth) to provide that a constable may arrest a person, including a juvenile, if he or she believes that the

Recommendation R eports ------ 265

person has committed or is committing an offence and that proceedings by summons would not preserve the safety or well-being of a person. This provision was recommended by the Criminal Law Review and is consistent with the law in other j urisdictions.

As noted in the Commonwealth’s response to the Royal Commission’s Report, the Commonwealth comprehensively reviewed child welfare legislation and enacted the Children Services Act 1986 (Cwth), which placed limitations on the arrest and subsequent trial of children in the Australian Capital Territory and the Jervis Bay Territory. The response also notes that the Australian Federal Police has ad­ equately addressed the recommendations by Regional Instructions 15 and 16 and General Instruction 13.

Section 20C of the Crimes Act 1914 (Cwth) provides that children arrested and charged or convicted of offences against Commonwealth laws may be tried, punished or otherwise dealt with as if the offence were an offence against the law of the State or Territory in which they are present. That is, the same non-custodial alternatives available under State of Territoiy laws are applied to all juvenile Commonwealth offenders.

The development of the Bill involved consultation with ATSIC and the Bill will be considered in the 1993-94 Budget sitting of Parliament.

Contact Officer

Mr Geoff McDonald Criminal Law Branch Attorney General’s Department Telephone (06) 250 6395 Facsimile (06) 250 5945

266 — Recommendation Report»

Recommendation 240

The Commonwealth responded:

The Children’s Services Act 1986 provides for interviews of juveniles to take place in the presence of a parent or other appropriate person, and for the giving of a previous caution to be a matter to be taken into account when deciding whether to instigate criminal proceedings. Formal notification of caution is not required. The Liquor Amendment Act 1987 (s. 17C) made specific provision for using cautions to juveniles, including providing a copy of the caution to the young person or his/her parent or guardian.

The Australian Federal Police notes that paras (a) and (b) of the recommen­ dation are adequately addressed by Regional Instruction 15 and General Instruction 13. They will amend these instructions to reflect para, (c) of the recommendation.

1992-93 report

This Recommendation does not apply to the Australian Federal Police’s national operational responsibilities. It has been implemented in the ACT and Jervis Bay Territory in respect of their community policing responsibilities. In implementing this Recommendation, there has been an ongoing process of co-ordination with the

local Aboriginal community in the Jervis Bay area.

Contact Officer

Mr John Ireland General Policing Policy and Arrangements Division Australian Federal Police Telephone (06) 257 1972 Facsimile (06) 257 7042

Recommendation R eports --- 267

Recommendation 242

The Commonwealth responded:

Australian Federal Police (AFP) General Instruction 8 addresses para, (a) of this Recommendation by requiring that where a child or young person is in custody, the officer in charge of the police station shall, after satisfying himself or herself that the person will appear at court, admit that person to bail with a surety from a parent, guardian or responsible adult. Other AFP procedures implement para. (d). of this recommendation. From a national perspective the Commonwealth applies State and Territory bail and juvenile justice laws. The Commonwealth believes it would be undesirable to establish its own system, parallel to that of the States. It would involve unnecessary confusion.

New bail laws and a recent report by the Australian Law Reform Commission on the Australian Capital Territory Children’s Services Ordinance are being considered by the Australian Capital Territory Government. Any changes to the Australian Capital Territory bail law will apply to Jervis Bay. The Commonwealth will review its position once the approach of the Australian Capital Territory Government has been settled.

With respect to paras (b) and (c) of this Recommendation, Australian Capital Territory laws apply to the Jervis Bay Territory and the Commonwealth notes the Australian Capital Territory response to this Recommendation.

1992-93 report

This Recommendation has been substantially addressed by the Children Services Act 1986 (ACT) and the Bail Act 1992 (ACT), both of which apply in the Jervis Bay Territory and have been amended since the publication of the Response by Governments to the Royal Commission.

Para, (a) of the Recommendation — Section 37 of the Children Services Act provides that the issue of bail shall be addressed as soon as practicable after a child has been charged with an offence. If charged with an offence punishable by fine or less than six months imprisonment, section 7 of the Bail Act generally provides that the child must be released from custody as soon as an undertaking to appear is given. Both Acts provide police officers with clear legislative criteria governing the granting of bail to children.

Recommendation R e p o r t .

Para, fbl of the Recommendation— Part VI o f the Bail Act sets out comprehensive review provisions. In general, decisions to refuse bail may be reviewed on their merits by both superior officers and the Courts and substitute orders made. The Act imposes a duty on police officers to fully inform individuals of their rights with

respect to bail, including their entitlement to have bail decisions reviewed.

Paras (cl and (d)) of the Recommendation — Section 38 o f the Children Services Act provides that children refused bail shall be detained in approved shelters or places of safety and shall be taken to such places as soon as practicable after being charged. It allows police to place such children in any available community-based

alternatives to detention centres. The section also provides that children who are violent, have a history of escaping from custody or who have committed serious offences, may be detained in remand centres, if appropriate.

Contact Officer

Mr Owen Walsh Criminal and Security Law Division Attorney-General ’ s Department Telephone (06) 250 6390 Facsimile (06) 250 5918

Recommendation R eports ------ 269

TOWARDS BETTER HEALTH Recommendations 246 -271

Recommendation 246

The Commonwealth responded:

The Commonwealth has developed an interim set of National Aboriginal and Torres Strait Islander Health Goals and Targets which will form the basis for the development of an extensive database which can be used to measure improvements in Aboriginal health. These goals and targets will be negotiated with Aboriginal Health Services, State and Territory Governments and the Council for Aboriginal Health.

1992-93 report

Inline with the new Medicare arrangements completed during the first half of 1993, States will be moving to develop a more relevant set o f outcome measures which will allow them to better plan the use of resources to meet the specific requirements of special needs groups such as Aboriginal and Torres Strait Islander people.

A set of National Aboriginal and Torres Strait Islander Health Goals and Targets has also been endorsed by the ATSIC Board.

As part of the development of a National Health Policy, agreed upon at a National Health Summit on 30 April 1993, Commonwealth and State Health Ministers agreed to develop national goals and targets for four priority areas (cardiovascular disease, injury, cancer and mental health) as well as action plans for their implementation. These plans will be finalised by March 1994 and are being developed under the auspices of the Commonwealth, with the involvement of the National Health and Medical Research Council and clinicians in active practice. The National Aboriginal and Torres Strait Islander Health Goals and Targets will be taken into account during this process.

In addition, there is detailed information relating to inputs to, and activities of, Commonwealth Aboriginal health programs in the document, Social Justice for Indigenous Australians, published annually by ATSIC.

270 ------ Recommendation Regortj

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R eports ------

Recommendation 247

The Commonwealth responded:

The Commonwealth will seek to ensure that this issue is addressed by the Council for Aboriginal Health and that Commonwealth agencies, State and Territory Governments and educational institutions develop processes to implement relevant education/training packages. State and Territory Tripar­ tite Forums, under the National Aboriginal Health Strategy, will be advised to include this item on their agendas.

The Commonwealth has also addressed this issue in the National Rural Health Strategy and projects have been funded under the Rural Health Support Education and Training Program funded by the Department of Health, I lousing and Community Services to develop effective cross-cultural training

packages.

1992-93 report

Although the Department of Health, Housing, Local Government and Community Services does not fund Aboriginal Health W orker positions, it does provide impetus for policy development in this area, and provides support of related initiatives.

During 1992-93 the Department of Health, Housing, Local Government and Community Services and the Department of Employment, Education and Training co-operated with representatives of State Governments in a Working Party on Public Health Development. The final report included recommendations for a consolidated and expanded Public Health Education and Research Program which

would, among other things, ensure that training is available which is appropriate to the special public health needs of Aboriginal and Torres Strait Islander commu­ nities. Strong support for proposals from this report has been received from the Aboriginal and Torres Strait Islander Commission.

The 1993-94 Budget included ongoing funding for this Program. One of the objectives will be to develop appropriate courses of training in conjunction with representatives of local Aboriginal and Torres Strait Islander communities as well as with the Aboriginal and Torres Strait Islander Commission.

272 — Recommendation Ropnrt,

Public health education involves an awareness of the social, cultural, economic and environmental determinants of health in different population groups. It uses this knowledge to develop, evaluate and deploy interventions that are efficient, effec­ tive and equitable in promoting the health of the most disadvantaged groups in the

community. Because of these aims, public health education is seen as a most important strategy for improving the training of non-Aboriginal health profession­ als.

To date two major projects to develop courses (including the successful Binan Goonj project) and other activities to produce reference materials and conduct workshops have also been funded under the Rural Health Support, Education and Training Program of the Department of Health, Housing, Local Government and

Community Services.

In October 1992, the Australian Health M inisters’ Advisory Council Working Party on the Health Services Workforce in Rural and Remote Areas presented a report to the Advisory Council with recommendations to:

• clarify the roles and inter-relationships between Aboriginal health workers, doctors and nurses in remote areas;

• determine the core competencies for remote area nurses and Aboriginal health workers;

• ensure the competencies are reflected in core curricula;

• improve training for Aboriginal health workers;

• improve conditions of service and orientation for nurses and Aboriginal health workers who are required to relocate to remote areas;

• improve communication between remote area communities and their health workers; and

• develop a national core curriculum for a nationally-accredited post-graduate program for remote area nurses.

Following the Australian Health M inisters’ Advisory Council’s endorsement of the report, the Working Party established three working groups representing Aboriginal health workers, nurses and doctors to develop statements as to their roles and inter-relationships. These will be included in a report to the next meeting

Rprommerdation Report» ------

of the Advisory Council with a recommendation that it endorse this report as a basis for consultation with interested parties.

The final report will be presented to the 1994 Australian Health Minister’s Conference with the intention of recommending agreement as a basis for the Industry Training Assistance Board to start development of core competencies for

Aboriginal health workers and nurses in rural and remote areas. The process outlined should assist both Aboriginal and non-Aboriginal health professionals to provide improved primary health-care to Aboriginal people.

Although the Department of Employment, Education and Training has no direct role in the employment of health care workers, State and Territory Health Departments may use the State and Territory Public Sector Employment Strategies in order to develop recruitment and career development programs for Aboriginal and Torres Strait Islander people. These are jointly funded by the Commonwealth and the State and Territory Governments. Commonwealth funding is made available by DEBT through the Training for Aboriginals and Torres Strait Islanders Program.

In addition, ABSTUDY may be accessed by Aboriginal and Torres Strait Islander people to gain access to formal education qualifications.

The Department of Employment, Education and Training’s general labour market programs may be accessed for relevant vocational training, work experience and other forms of assistance with gaining employment.

Separately, ATSIC has been meeting with key health groups such as the Australian Medical Association, the Royal Australian College of Obstetricians and Gynae­ cologists and the Royal Australian College of General Practitioners in order to foster the introduction of appropriate and mandatory cross-cultural training for health undergraduates.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

274 — Recommendation R e p o r t»

Recommendation 248

The Commonwealth responded:

The Commonwealth will examine outcomes when available and, if appropri­ ate, will seek to provide funding to enable the results to be published. The results could be considered by the Council for Aboriginal Health and State and Territory Tripartite Forums for potential wider application.

1992-93 report

The Department of Health, Housing, Local Government and Community Services understands that the proposed Monash University Victorian Aboriginal Health Services Unit did not proceed.

Contact Officer

Mr Jim Kennedy Health Development Section Department o f Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R eports ------

Recommendation 249

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

Responsibility for the implementation of this Recommendation rests with State and Territory Governments.

The Commonwealth is involved in a number of activities which complement this Recommendation. As provided in the Medicare Agreement 1993-98, a Public Patients Hospital Charter is being developed by the Department of Health,

Housing, Local Government and Community Services. The Charter will set out the public hospital services that public patients can expect to receive. The Common­ wealth will seek to ensure that the information about public hospital services is communicated clearly and effectively to people eligible to become public patients before or at the time they access the hospital system. A separate Charter will be developed with each State and Territory but all Charters will contain a minimum agreed level of information about hospital services.

In addition, the Commonwealth, through the Aboriginal and Torres Strait Islander Commission, provides complementary funding to 92 community-based health services which provide culturally-appropriate health care to a number of commu­ nities and is also providing long term strategies to promote cross-cultural training for medical undergraduates.

Confirm ation o f the action taken by the States and Territories on this Recommendation will be requested from State Tripartite Forums, which provide advice in each State and Territory on matters affecting Aboriginal health policies.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation Reports

Recommendation 250

The Commonwealth responded:

The Commonwealth will work through the Council for Aboriginal Health to establish protocols for the transfer of confidential patient information.

1992-93 report

The Council for Aboriginal Health has not been able to consider this issue on a national level.

Responsibility for this Recommendation also rests with State and Territory governments. Three States or Territories — NSW, W estern Australia and the Northern Territory — have implemented this Recommendation through protocols and staff training. Specific approaches reflect differing State and Territory liaison

arrangements and relevant privacy legislation.

Other States and the ACT have partially implemented such protocols and/or are working to develop such protocols, having regard for the local liaison arrangements and privacy legislation.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation Report» --- 277

Recommendation 251

The Commonwealth responded:

The Commonwealth, State and Territory Governments, through the National Aboriginal Health Strategy, are seeking to eliminate the difference in actual health status between Aboriginals and Torres Strait Islanders and non­ Aboriginals and Torres Strait Islanders. As part of achieving this, negotia­ tions are currently being undertaken to achieve priority in access to health services and facilities for Aboriginal and Torres Strait Islander people.

1992-93 report

In as much as the Department of Health, Housing, Local Government and Community Services has broad policy responsibilities for health services, it is promoting a more equitable distribution of health-care services and facilities through initiatives including:

• specifically targeting Aboriginal Medical and Health Services with informa­ tion about funding available through programs such as the Rural Health Support Education and Training Program;

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

• improvements to planning and delivery of hospital care and related services in areas where they are needed, as part of the renegotiated Commonwealth/ State Medicare Agreements as well as 1993-94 Budget initiatives.

In the 1992-93 Budget a total of $118.6m was allocated over six years towards better planning and management of hospital capital stock to ensure that access to hospital services is in step with demographic trends. Funding for hospital capital infrastructure and relocation depends on the production of strategic plans to estimate the population’s hospital service needs and the capacity to meet these needs over time.

Such strengthening of the public hospital system should be of considerable benefit to Aboriginal peoples and Torres Strait Islanders, given their poor health status and demographic trends.

----- Recommendation Report»

The Commonwealth, through the Aboriginal and Torres Strait Islander Commis­ sion, provides complementary funding to some 92 community-controlled Health Services at an annual cost of $46m. Additionally, ATSIC provides financial support for specific programs such as trachoma, dental health and immunisation.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------ 2 7 9

Recommendation 252

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

As provided for in the Medicare Agreement 1993-98, a Public Patients Hospital Charter is being developed by the Department of Health, Housing, Local Govern­ ment and Community Services. The Charter will benefit Aboriginal and Torres S trait Islander people by setting out the public hospital services that public patients can expect to receive. The Commonwealth will seek to ensure that the information

about public hospital service is communicated clearly and effectively to people eligible to become public patients before or at the time they access the hospital system. To this end, the Commonwealth will arrange for this Recommendation to be placed on the agenda o f the State/Territory Health Tripartite Forums which advise on Aboriginal Health matters.

A separate Public Patients Hospital Charter will be developed with each State and T erritory but all Charters will contain a minimum agreed level of information about hospital services.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

2 8 0 — Recommendation Rppnrt»

Recommendation 253

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums established under the National Aboriginal Health Strategy.

1992-93 report

In the 1992-93 Budget, $118.6m was allocated over six years towards better planning and management of hospital capital stock to ensure that access to hospital services is in step with demographic trends. Funding for hospital capital infrastruc­ ture and relocation depends on the production of strategic plans to estimate the

population’s hospital service needs and the capacity to meet these needs over time. Such strengthening of the public hospital system should be of considerable benefit to Aboriginal peoples and Torres Strait Islanders.

The Medicare Agreement 1993-98 also provides for the development of a Public Patients Hospital Charter which is being developed by the Department of Health, Housing, Local Government and Community Services. The Charter will benefit Aboriginal and Torres Strait Islander people by setting out the public hospital

services that public patients can expect to receive. The Commonwealth will seek to ensure that the information about public hospital services is communicated clearly and effectively to people eligible to become public patients before or at the

time they access the hospital system. The Recommendation will be placed on the agenda of the State/Territory Tripartite Fomms which provide advice on Aborigi­ nal and Torres Strait Islander health issues.

A separate Public Patients Hospital Charter will be developed with each State and T erritory but all Charters will contain a minimum agreed level of information about hospital services. In the case of ATSIC-funded health services, grants are made available to community-based organisations for the design and construction of

facilities which meet local needs.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services

Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------ 281

Recommendation 254

The Commonwealth responded:

The Commonwealth is aware that some States and Territories are in the process of ensuring Aboriginal and Torres Strait Islander representation on appropriate boards, including regional health boards. The Recommendation will be raised with other States and Territories through the Council for Aboriginal Health and State and Territory Tripartite Forums.

1992-93 report

Community participation is addressed by several o f the Department of Health, Housing, Local Government and Community Services’ six social justice strate­ gies, most notably that of working with communities. Initiatives to improve community participation in decisions about service planning and delivery for

health and other services include:

• introducing community-based regional needs analysis, with statistical pro­ files o f each of 70 planning regions across Australia balanced with local knowledge and community priorities;

• promoting better consultation with communities, particularly indigenous communities, through the joint development of ethical guidelines on re­ search involving indigenous communities and other measures;

• increasing the number of indigenous staff in the Department of Health, Housing, Local Government and Community Services through a National Aboriginal and Torres Strait Islander Recruitment Strategy; and

ensuring indigenous staff have adequate support and opportunities to de­ velop their careers in the Department of Health, Housing, Local Government and Community Services through arrangements such as cadetships and study awards.

As part of the National Aboriginal Health Strategy and in all Governments’ responses to the Royal Commission into Aboriginal Deaths in Custody, all States and Territories have agreed to seek Aboriginal and/or Torres Strait Islander representation on regional health boards in those areas which have a significant indigenous population.

Recommendation Report.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------ 283

Recommendation 255

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

The Aboriginal and Torres Strait Islander Commission and the Department of Health, Housing, Local Government and Community Services continued to offer cross-cultural training courses to all staff. In regard to staff selection, it is normal practice for positions which are identified as desirably filled by Aboriginal or Torres Strait Islander persons, to specify in the selection criteria, the requirement

for knowledge and understanding of Aboriginal peoples and Torres Strait Islanders and communities and their cultures.

The Department has also sponsored a number of initiatives to promote cross- cultural training for health professionals. These included funding of $76,500 for the design and development of a curriculum in Aboriginal and Torres Strait Islander health for rural medical practitioners by the Royal Australian College of General Practitioners.

In respect of cross-cultural training for staff involved in health service delivery at State and Territory level, the Commonwealth will suggest that the continued implementation of this Recommendation be monitored by State and Territory Tripartite Health forums based on the annual reports by State and Territory Governments.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 2893151 Facsimile (06) 282 3601

284 — Recommendation Report»

Recommendation 256

The Commonwealth responded:

The Commonwealth will develop proposals to increase Aboriginal and Torres Strait Islander employment in projects funded by the Commonwealth. The Commonwealth will ask the Council for Aboriginal Health to consider the recommendation and to provide advice to the Joint Ministerial Forum on

Aboriginal Affairs and Health.

1992-93 report

While neither the Department of Health, Housing, Local Government and Commu­ nity Services nor the Department of Employment, Education and Training have a direct involvement in the employment of health-care workers, this Recommenda­ tion was to be discussed by the Council for Aboriginal Health. However, the

Council did not meet during 1992-93.

State and Territory Health Departments may use the State and Territory Public Sector Employment Strategies in order to develop recruitment and career develop­ ment for Aboriginal and Torres Strait Islander people. These are jointly funded by the Commonwealth and the State and Territory Governments. Commonwealth funding is made available through the Training for Aboriginals and Torres Strait

Islanders Program. ABSTUDY may be accessed by Aboriginal and Torres Strait Islander people to gain access to formal education qualifications. The Department of Employment, Education and Training’s general labour market programs may be accessed for relevant vocational training, work experience and other forms of

assistance with gaining employment.

Although the Aboriginal and Torres Strait Islander Commission only provides limited funding to State and Territory Government departments, where it does so, it generally insists on appropriate arrangements for the employment and training of Aboriginal staff.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services

Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------ 285

Recommendation 257

The Commonwealth responded:

The Commonwealth has sought the cooperation of tertiary institutions in the expansion of these programs and has been encouraged by the responses from some of those institutions. The Commonwealth will continue to pursue the matter and seeks support from State and Territory Governments in bringing about these expanded professional training opportunities.

The Commonwealth has allocated funds for the expansion o f training for health workers under the Higher Education National Priority (Reserve) Fund and has boosted funding available to all tertiary institutions under the Aboriginal Participation Initiatives.

The Commonwealth will also be seeking to expand the number of training places available in Health Worker courses in its Aboriginal Education Pro­ gram negotiations for the next triennium.

The Commonwealth has established an interdepartmental committee to examine the issue of Aboriginal Health Worker T raining. This committee will make recommendations on issues such as core curricula, consistent standards, accreditation, mobility and proper career structure for Aboriginal Health Workers. In addition, the Commonwealth will raise this Recommendation at the State and Territory Tripartite Forums.

1992-93 report

In response to this Recommendation, the Department of Health, Housing, Local Government and Community Services (DHHLGCS) and the Department of Employment Education and Training (DEET) co-operated with representatives of

State Governments in a Working Party on Public Health Development during 1992-93. The final report included recommendations for a consolidated and expanded Public Health Education and Research Program (PHERP) which would, among other things, ensure that training is available and appropriate to the special health needs of Aboriginal and Torres Strait Islander communities. Strong support for proposals from this report has been received from the Aboriginal and Torres Strait Islander Commission.

286 ------ Recommendation

The 1993-94 DHHLGCS Budget allocated ongoing funding for the Public Health Education and Research Program. Funding from 1995 will be contingent on institutions providing for flexible mode of entry, with the capacity to offer remedial skills as necessary to students from different backgrounds. There will be separate

programs (with appropriate entry points) for Aboriginal and Torres Strait Islander people.

One of the objectives of continued funding for PHERP will be to develop appropriate courses of training in conjunction with representatives o f local Abo­ riginal and Torres Strait Islander communities as well as with ATSIC.

A statement of principles on Aboriginal and Torres Strait Islander health-worker training will be considered by the ATSIC Board. Once endorsed, it will be referred for further consideration to key stakeholders and to the Australian Health Minis­ ters’ Advisory Council.

Aboriginal and Torres Strait Islander communities will be among the stakeholders consulted by ATSIC about its statement of principles on Aboriginal health worker training.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services

Telephone (06) 289 8125 Facsimile (06) 289 8483

Mr Alan Auzins Development Branch Department of Employment, Education and Training

Telephone (06) 240 9721 Facsimile (06) 240 9780

Recommendation R eports ------ 287

Recommendation 258

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

This Recommendation is directed specifically to State and Territory Governments. The Commonwealth, through the Aboriginal and Torres Strait Islander Commis­ sion, continues to support negotiations by State and Territory jurisdictions with Aboriginal Health Services.

On 16 September 1993 ATSIC asked its State and Territory Managers to raise this matter with State and Territory Tripartite Forums at the earliest opportunity.

ATSIC supports the development of bilateral agreements with States and Territo­ ries under the framework of the National Commitment to Improved Outcomes in the Delivery o f Programs and Services fo r Aboriginal Peoples and Torres Strait Islanders. The report on Recommendation 339 also relates to this matter. ATSIC

believes it is desirable to develop agreements covering Aboriginal and Torres Strait Islander health issues and proposes to hold discussions on such agreements during 1993-94. The development of contractual arrangements between Aboriginal Health Services and State and Territory governments could also be considered during negotiation of bilateral agreements.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

288 ------ Recommendation R e p o r t ;

Recommendation 259

The Commonwealth responded:

The Commonwealth will seek to respond positively to requests to resource Aboriginal Health Services for specific health programs such as innovative health services for young Aboriginal and Torres Strait Islander women and men, victims of violence, the homeless, and the prevention of HIV/AIDS and

drug abuse etc. The Commonwealth notes that States and Territories have responsibility in this area.

1992-93 report

Although the provision of health care and infrastructure is the primary responsibil­ ity of State and Territory Governments, the Commonwealth, over five years commencing in 1990-91, has allocated an additional $232m as the Commonwealth contribution to the National Aboriginal Health Strategy. These funds will augment

existing Commonwealth programs to improve the health of Aboriginal and Torres Strait Islander peoples, with $ 17 lm specifically allocated to improve environmen­ tal health.

In 1992-93 the Commonwealth, through ATSIC, provided complementary fund­ ing of approximately $46m for the continued operation of 92 Aboriginal Health Services to enable them to provide a range of health care services, which play an important role in the prevention of ill health and as a first point of contact and

referral for clients. The allocation by ATSIC to support Aboriginal Health Services has grown rapidly since 1990. The current program now supports a number of services including trachoma, dental and immunisation.

The ATSIC Community Housing and Infrastructure Program provided $ 165m for a range of environmental health projects — specifically, the provision of housing, potable water, sewerage, roads and power.

The Department of Health, Housing, Local Government and Community Services funded a range of health promotion and disease prevention activities. The National W omen’s Health Program provided $383,800 for projects to improve indigenous women’s health and $599,763 was provided to Aboriginal and Torres Strait

Islander organisations under the Alternative Birthing Services Program. Addition­ ally, $547,000 was provided for Aboriginal and Torres Strait Islander HIV/AIDS prevention programs.

Recommendation R eports --- 289

Other activities undertaken were domestic/family violence and sexual assault prevention, diabetes and substance abuse education.

The Aboriginal and Torres Strait Islander Commission is developing a policy position on HIV/AIDS for consideration by the ATSIC Board.

The National Health and Medical Research Council funded 32 projects specifically for Aboriginal and Torres Strait Islander health amounting to $2.3m.

Other initiatives were health outreach projects for homeless indigenous youth and funding to Aboriginal Health Services for enhanced co-ordination of illness prevention and health promotion programs through the General Practice Divisions Program.

ATSIC will continue to negotiate with mainstream service agencies on the provision of health programs for Aboriginal and Torres Strait Islanders and to ensure that the principles of access and equity in respect of those mainstream services are applied.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation Report.

Recommendation 260

The Commonwealth responded:

The Commonwealth supports this Recommendation as part of the process of ensuring that program funds are dispersed most effectively and meeting identified priorities.

The Commonwealth will seek to provide support to Aboriginal Health Serv­ ices consistent with this Recommendation. The Council for Aboriginal Health will be asked to consider appropriate evaluation mechanisms which may include expansion of the Commonwealth Health Accreditation and Standards

Project; the interim National Aboriginal and Torres Strait Islander Health Goals and Targets and the development of appropriate performance indica­ tors for consideration by Aboriginal Health Services and Substance Abuse Organisations.

1992-93 report

It is expected that The National Aboriginal and Torres Strait Islander Health Goals and Targets will assist in addressing key Aboriginal and Torres Strait Islander health issues. The Aboriginal and Torres Strait Islander Commission and the Department of Health, Housing, Local Government and Community Services are

co-operating with Aboriginal Health Services to enhance evaluation.

An expanded version of an evaluation methodology called the Community Health Accreditation and Standards Project was refined in 1992-93 and is used to maintain and/or improve standards in consultation with community-controlled Aboriginal Health Services. This methodology has already been successfully used

in the review of the Anyinginyi Health Service at Tennant Creek.

ATSIC is committed to examining ways of developing appropriate performance indicators in co-operation with Aboriginal Health Services.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation R eports ------

Recommendation 261

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

The employment of Hospital Liaison Officers was endorsed by State and Territory Health Ministers as part of their commitment to implementing the National Aboriginal Health Strategy.

The delivery of hospital services is the responsibility of State and Territory governments, which are reporting separately on their responses to the Recommen­ dations of the Royal Commission.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

292 — Recommendation Reports

Recommendation 262

The Commonwealth responded:

The Commonwealth has established an interdepartmental committee to examine the issue of Aboriginal Health Worker training. This committee will make Recommendations on issues such as core curricula, consistent stand­ ards, accreditation, mobility and proper career structures for Aboriginal

Health Workers.

1992-93 report

In October 1992, the Australian Health M inisters’ Advisory Council Working Party on the Health Services Workforce in Rural and Remote Areas presented a report to the Australian Health M inisters’ Advisory Council with recommenda­ tions to:

• clarify the roles and inter-relationships between Aboriginal health workers, doctors and nurses in remote areas;

• determine the core competencies for remote area nurses and Aboriginal health workers;

• ensure the competencies are reflected in core curricula;

• improve training for Aboriginal health workers;

• improve conditions of service and orientation for nurses and Aboriginal health workers who are required to relocate to remote areas;

• improve communication between remote area communities and their health workers; and

• develop a national core curriculum for a nationally accredited post-graduate program for remote area nurses.

Following the Australian Health Ministers’ Advisory Council’s endorsement of the report, the Working Party established three working groups representing Aboriginal health workers, nurses and doctors to develop statements as to their roles and inter-relationships. These will be included in a report to the next meeting

Recommendation Reports ------ 293

of the Council with a recommendation that it endorse this report as a basis for consultation with interested parties.

The final report, which will include comments from ATSIC, will be presented to the 1994 Australian Health Ministers' Conference with the intention of recom­ mending agreement as a basis for the Industry Training Assistance Board to start development of core competencies for Aboriginal health workers and nurses in rural and remote areas.

Contact Officer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3151 Facsimile (06) 282 3601

294 ------ Recommendation R.

Recommendation 263

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri­ tory Tripartite Forums.

1992-93 report

The Department of Health, Housing, Local Government and Community Services acknowledges a role in cross-cultural training for health professionals and has sponsored a number of initiatives to foster this, including funding of $76,500 for a project for the design and development of a curriculum in Aboriginal and Torres

Strait Islander health for rural medical practitioners, being conducted through the Royal Australian College of General Practitioners.

The Australian Medical Association has had discussions with the Minister for Aboriginal and Torres Strait Islander Affairs on this issue and has agreed to introduce a project position within the AMA to advise on Aboriginal and Torres Strait Islander health issues in general.

Separately, the Aboriginal and Torres Strait Islander Commission has been meeting with key health groups such as the AMA and the Royal Australian College of Obstetricians and Gynaecologists in order to foster the introduction o f appropri­

ate and mandatory cross-cultural training for health undergraduates.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Reports --- 295

Recommendation 264

The Commonwealth responded:

The Commonwealth has established through the Aboriginal and Torres Strait Islander Commission a working group on Aboriginal and Torres Strait Islander mental health. It agrees that the development of a national mental health policy will involve extensive consultation with Aboriginal and Torres Strait Islander interest groups. The Council for Aboriginal Health will also be asked to assess the new mental health policy and to advise the Joint Ministerial Forum on Aboriginal Affairs and Health on its implementation. Additional resources for this may need to be provided by Commonwealth, State and Territory Governments.

The Commonwealth has established, through the National Health and Medi­ cal Research Council, a Mental Health subcommittee which will include Aboriginal representation.

1992-93 report

The National Mental Health Policy and Plan were endorsed by all Health Ministers in April, 1992, and set out a five-year strategy for reform of Australia’s mental health services. Under the Policy and Plan, mental health service delivery contin­

ues to be a State and Territory Government responsibility, but the Commonwealth is providing $135m to assist with the implementation of the Policy and Plan. Most of these funds will be provided directly to the States and Territories as part of the

Medicare Agreements. The formulation of the policy involved extensive consul­ tation with a range of groups including representatives of Aboriginal and Torres Strait Islander communities.

The Policy recognises that some groups in the community have special needs, and an underlying principle is that the mental health service system should be respon­ sive to the varying needs of those groups, including Aboriginal peoples and Torres Strait Islanders.

Recommendation Regort|

Funding provided under the Plan has included monies:

• to assist with a national conference on mental health issues concerning indigenous Australians which is to be held in Sydney on 25-27 November 1993;and

• for investigation and consultation on a number of key issues relating to mental health services for Aboriginal peoples and Torres Strait Islanders, including the major mental health issues from a community perspective and the availability of culturally appropriate mental health services.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R eports ------ 297

Recommendation 265

The Commonwealth responded:

The Commonwealth will seek to refer this Recommendation to the Joint Ministerial Forum of Ministers for Aboriginal Affairs and Health through the Council for Aboriginal Health.

In respect of the broader issue of Aboriginal Health Worker training, the Commonwealth has established an interdepartmental committee to examine Aboriginal Health Worker training needs.

The Commonwealth notes that at a Special Ministerial meeting in Broome late last year, attended by the Commonwealth, South Australian, Western Aus­ tralian, Queensland and Northern Territory Health Ministers, support was given for the development of nationally consistent training programs for A boriginal Health Workers (AHW) that would allow for formal accreditation of AHW qualifications.

The aims of such an initiative are through adoption of some uniform curricu­ lum, to allow for consistent education standards, mobility and a proper career structure. This would include provision for accreditation into other related health disciplines while maintaining the separate identity and status of AHW.

A working group of senior officers from the Department of Health, Housing and Community Services, the Aboriginal and Torres Strait Islander Commis­ sion and the Department of Employment, Education and Training was established recently to progress this proposal. The group will be collecting

information from all State and Territory health authorities and Aboriginal Medical Services (AMS) on AHW employment categories and structures, their skill, education and training programs and also seek their views on the types of training and education that would positively enhance the AHW role.

To provide an opportunity for consultation on the group’s funding, a confer­ ence will be organised later in the year which will include health educators, employers including AMS and health worker representatives. Conference workshops will explore an appropriate educational response and identify the extent to which some standard core curriculum can form the basis of AHW

training courses which still meet local community needs.

298 Recommendation Report.

The Commonwealth is addressing options, through the National Health Strategy, for further integrating and linking mental health services with other locally based primary health care services.

1992-93 report

The report on Recommendation 264, page 296, also applies to this Recommenda­ tion. In addition:

The Policy, and the associated National Mental Health Plan by which it will be implemented, place a high priority on training issues, as mental health services move away from institutional settings and into the community.

A workforce committee, which reports to the Australian Health M inisters’ Advi­ sory Council Working Group on Mental Health has been established to consider ways to improve the distribution of psychiatrists between urban and rural areas and as well as between the public and private sector.

In addition, Aboriginal and Torres Strait Islander education has been designated as a priority area for the purpose of applications to the Department of Employment, Education and Training 1994 National Priority (Reserve) Fund. This Fund is a component of the higher education program which is used to fund projects in areas

identified by the Minister for Employment, Education and Training as national priorities.

The ATSIC Board endorsed a policy position paper about Aboriginal Health Worker training and employment issues at its September 1993 meeting. The paper sought Board agreement to:

• emphasise the importance of practical on-site education and training in remote/rural areas and the importance of appropriate clinical supervision;

• actively promote professional development to enable AHWs to progres­ sively accumulate qualifications according to their interests, abilities, com­ petence, experience and suitability; and

• provide for specialisation by AHWs in specific areas as well as providing for the ongoing development of ‘generalist’ AHWs.

Recommendation R eports ------ 299

The Council for Aboriginal Health at its June 1992 meeting also gave in-principle support to a proposal by the Department of Health, Housing, Local Government and Community Services to establish an advisory group to progress Recommen­ dations relevant to Aboriginal Health Worker education stemming from the

National Aboriginal Health Strategy, the Conference on Remote Area Service Delivery held in Broome and the Royal Commission. Further consultation is to be undertaken through the Council on membership, priority issues and processes for the group to follow in recommending improvements to AHW education nationally. The group was to consider developments in industrial awards and existing/planned AHW training programs. Terms of reference suggested to the Council included consideration of cross-cultural communication training, mental health training and facilitating participation by Aboriginal students in health disciplines.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R e p o r t .

Recommendation 266

The Commonwealth responded:

The Commonwealth is addressing options, through the National Health Strategy, for further integrating and linking mental health services with other locally based primary health care services.

1992-93 report

The National Mental Health Policy and Plan were endorsed by all Health Ministers in April, 1992, and set out a five-year strategy for reform of Australia’s mental health services. Under the Policy and Plan, mental health service delivery contin­ ues to be a State and Territory Government responsibility, but the Commonwealth

is providing $135m to assist with the implementation o f the Policy and Plan. Most of these funds will be provided directly to the States and Territories as part of the Medicare Agreements. The formulation of the policy involved extensive consul­ tation with a range of groups, including representatives of Aboriginal and Torres

Strait Islander communities.

One of the central objectives of the Policy and Plan is to link mental health services with general health and community services. The 1993-98 Medicare Agreements, which for the first time include mental health services, mark an important step towards achieving these linkages.

The Council for Aboriginal Health, at its June 1992 meeting, also agreed to establish an advisory group to consider the mental health needs of Aboriginal and Torres Strait Islander people and to advise in the application of the policy. This group was to work closely with the other advisory group established by the Council

to consider Aboriginal Health Worker Training.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services

Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------

Recommendation 267

The Commonwealth responded:

The Commonwealth will raise this Recommendation at the State and Terri tory Tripartite Forums.

1992-93 report

The Australian Health Minister’s Advisory Council Aeromedical Services W ork­ ing Party is expected to recommend that formal quality assurance protocols are adopted by aeromedical services, and that cross-cultural training is implemented for aeromedical staff in both remote and non-remote areas.

The Working Party Report is now in draft form and final consultation regarding its contents is occurring. It is expected to be considered by the next Australian Health Minister’s Advisory Council meeting, scheduled for November 1993.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R eport.

Recommendation 268

The Commonwealth responded:

The Commonwealth, through the National Health and Medical Research Council (NHMRC), has identified the issue of Aboriginal and Torres Strait Islander Health research as a priority.

Consultation is taking place between NHMRC and the Aboriginal and Torres Strait Islander Commission in an endeavour to identify those higher priority areas where research might be initially undertaken. To this end the NHMRC provided funds for a researcher to undertake a project to establish what research is currently being undertaken in the area o f Aboriginal and Torres Strait Islander Health in Australia. This research will measurably assist in identifying the higher priority areas.

1992-93 report

The Commonwealth, through the National Health and Medical Research Council has identified the issue of Aboriginal and Torres Strait Islander Health research as a priority.

In 1992-93, the NHMRC funded 32 projects of particular relevance to Aboriginal and Torres Strait Islander health at a cost of $2.3m. This included more than $460,000 towards research into hearing loss in Aboriginal and Torres Strait Islander people and more than $249,000 investigating child health, as well as other

grants to study kidney disease, environmental health, causes of death, nutrition, immunisation and communicable diseases.

The NHMRC recently 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 commented on by the Council for Aboriginal Health and areas of priority outlined. However, the Council did not meet officially during

1992-93.

A workshop was convened by the Australian Institute of Health and Welfare from 28-30 April 1992 to identify the role of health research and the framework in which it can most effectively contribute to Aboriginal and Torres Strait Islander health.

Working Groups were convened on the following topics:

Recommendation R eports ------

the physical environment;

• social factors;

• health service delivery;

• domestic violence;

• mental health and substance abuse;

• circulatory illnesses and nutrition;

• respiratory, ear and eye conditions; and

• communicable diseases.

These focused on barriers to improvement in Aboriginal and Torres Strait Islander health and the ways in which research could usefully assist policy. Each group reported its findings to plenary sessions and recommendations were made in each of these areas. The recommendations included that research should be program-

linked action research; that research which is community-driven should be ac­ knowledged, and that all research into health service delivery should be consistent with the fundamental priorities of self-determination, empowerment and commu­ nity participation. A range of topics requiring research were also put forward.

Contact Officer

Mr Jim Kennedy Health Development Section Department o f Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

304 — Recommendation R eport.

Recommendation 269

The Commonwealth responded:

The Commonwealth accepts this Recommendation subject to endorsement by the Council for Aboriginal Health.

1992-93 report

A set of Guidelines on Ethical Matters in Aboriginal and Torres Strait Islander Health Research received conditional endorsement from the National Health and Medical Research Council in June 1991 subject to endorsement by the Board of ATSIC.

ATSIC referred the guidelines to the Council for Aboriginal Health which agreed at their June 1992 meeting that the National Health and Medical Research Council’s Guidelines on Ethics inResearchlnvolving AboriginalandTorresStra.it Islander People should be distributed to communities, via State Tripartite Forums

on Aboriginal and Torres Strait Islander health issues, to ascertain their views. Those views would then be re-presented to the Council for its consideration.

As the Council for Aboriginal Health did not officially meet during 1992-93, the Australian Health Ethics Committee has written to the Chairperson of ATSIC, requesting that the endorsement process for the ethical guidelines be reconsidered.

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation Report» ------ 305

Recommendation 270

The Commonwealth responded:

The Commonwealth endorses this Recommendation and will seek to ensure Aboriginal and Torres Strait Islander participation through the involvement of Aboriginal and Torres Strait Islander people on the Council for Aboriginal H ealth and State and Territory tripartite forums.

1992-93 report

The Australian Institute of Health and Welfare received additional resources under the National Aboriginal Health Strategy to improve the quality of the Aboriginal and Torres Strait Islander health statistics database.

The Institute has had negotiations with all States and Territories on how to improve data collections. It has also met with a number of the State/Territory Tripartite Forums on Aboriginal and Torres Strait Islander health issues, to discuss how data can be made more relevant to Aboriginal and Torres Strait Islander organisations and communities.

An Aboriginal health statistics workshop was held in late June 1993 with State and Territory Health Departments and representatives of State Tripartite Fomms to examine Aboriginal and Torres Strait Islander health and health-related issues. The Australian Institute of Health and Welfare is examining its existing and possible new data with a view to determining how it can be of further use.

The Australian Institute of Health and Welfare is also investigating the establish­ ment of an advisory mechanism on Aboriginal and Torres Strait Islander issues within the Institute. Consultative processes will be determined with the co­ operation of other Commonwealth, State and Territory agencies, as well as with Aboriginal and Torres Strait Islander organisations and representatives.

The Australian Bureau of Statistics has consulted extensively with Aboriginal peoples and Torres Strait Islanders, both through ATSIC and directly with communities, in the development of the 1994 National Aboriginal and Torres Strait Islander Survey. The survey is being developed as a general social survey and will provide Aboriginal peoples and Torres Strait Islanders with access to a wide range of information on health and other issues.

Recommendation gefiorts

A Survey Advisory Committee chaired by an ATSIC Commissioner and compris­ ing representatives of ATSIC, Aboriginal and Torres Strait organisations and State and Commonwealth government agencies has been established to advise the Australian Bureau of Statistics on the relative priorities of the different topics and

on cultural issues relevant to the survey methodology. This Committee is supported by five Technical Reference Groups that advise on specific topics within the survey. The majority of members on these groups are of Aboriginal orTorres Strait Islander origin.

Contact Officer

Mr Bruce English Aboriginal and Torres Strait Islander Health Unit Australian Institute of Health and Welfare Telephone (06) 289 8125 Facsimile (06) 289 8483

Recommendation R eports ------ 307

Recommendation 271

The Commonwealth responded:

The Commonwealth has re-affirmed its commitment to the implementation of the National Aboriginal Health Strategy and has allocated an additional $232m for an initial five-year period. This amount includes some $47m for community-controlled health services and $17lm for environmental health. The Commonwealth is committed to ensuririg that joint responsibility agree­ ments are reached with each State and Territory on the Strategy and is negotiating to this end.

The allocation of Commonwealth funds is to be determined by the Aboriginal and Torres Strait Islander Commission taking into account advice from the Department of Health, Housing and Community Services, State Government agencies, the Council for Aboriginal Health and State Tripartite forums.

The Federal Parliament, in the preamble to the Council fo r Aboriginal Reconciliation Act 1991, called unanimously for an ongoing national commit­ ment from Governments at all levels to co-operate and co-ordinate with the Aboriginal and Torres Strait Islander Commission as appropriate to address

progressively Aboriginal disadvantage and aspirations in relation to health as part of the reconciliation process. The Commonwealth will be seeking to foster further efforts to address Aboriginal health disadvantage as an important part of the process of reconciliation.

1992-93 report

As a first stage in the implementation of the Strategy, the Commonwealth Government, in December 1990, agreed to provide up to $232m over five years to lift unacceptable health and infrastructure standards in Aboriginal communities. These funds augment existing Commonwealth programs.

The majority o f these additional funds are dependent on the States and Territories making substantial contributions and are the subject of continuing negotiations between ATSIC, the Department of Health, Housing and Local Government and Community Services and the State/Territory governments.

Formal negotiation meetings commenced in April 1991 and have been held with representatives of all State and Territory governments.

308 ------ Recommendation R.

Under the National Aboriginal Health Strategy, the Commonwealth contributed $8.97m in 1990-91, $27.09m in 1991-92 and $42.98m in 1992-93, to support the provision of a range o f community health services, including nutrition, counsel­ ling, hygiene, dental, immunisation and the detection and treatment of trachoma.

NAHS funds were also used to address urgent environmental health needs in Aboriginal and Torres Strait Islanders communities — such as housing, water supplies, sewerage, electricity, communications and roads — and to upgrade existing and establish new Aboriginal community-controlled health services.

The Department of Health, Housing, Local Government and Community Services launched the Aboriginal and Torres Strait Islander Adolescent Alcohol Media Campaign under the auspices of the National Drug Strategy amounting to $500,000 per year for five years, commencing in 1990-91.

The Ministerial Council on Drug Strategy approved a draft National Drug Strategic Plan for implementation as part of the National Drug Strategy. Aboriginal and Torres Strait Islander peoples are an acknowledged priority group.

In 1993-94 an additional $68.43m will be available under National Aboriginal Health Strategy for allocation by ATSIC — $ 10.42m for health and $58m for environmental health projects.

As more Aboriginal Health Services are established, an increased proportion of strategy funds will be used to fund their ongoing operations. The distribution of environmental health funds between States and Territories will be based on the relative need of each State and Territory and will be measured by the numbers of

Aboriginal and Torres Strait Islander people disadvantaged (population affected) in each State and Territory. The allocations will be calculated using information from the National Housing and Community Infrastructure Needs Survey.

The first in a series of surveys on Aboriginal and Torres Strait Islander drug use, to be conducted every two years until 1997, will commence in 1993. The survey is being co-ordinated by ATSIC and the Department of Health, Housing, Local Government and Community Services and will cost $200,000 in 1993.

C ontact O fficer

Mr Barry Johnson Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3151 Facsimile (06) 282 3601

Recommendation Reports ------ 3 0 9

COPING WITH ALCOHOL AND OTHER DRUGS: STRATEGIES FOR CHANGE Recommendations 272 - 288

Recommendation 280

The Commonwealth responded:

The Commonwealth will seek to respond positively to requests from commu nities for assistance in this regard.

1992-93 report

The Aboriginal and Torres Strait Islander Commission has supported a number of projects which are working to address difficulties relating to alcohol and other drug issues. The role of beer canteens (both the economic and social sense) will be addressed by the Task Force on Substance Abuse following the submission of an information paper prepared by ATSIC officers.

The identification of the limits o f the Commonwealth’s powers, the extent of States and Territories’ powers, and the need for liaison with the States and Territories will also form a large part of the strategy to address the impact of beer canteens on the communities.

Liaison with a number of State and Territory Governments, and their respective alcohol and other drug authorities, has already commenced, and will continue to occur over the term of the Royal Commission Into Aboriginal Deaths In Custody Program.

Reports on Recommendations 63 and 281 also relate to this matter.

C ontact O fficer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation 281

The Commonwealth responded:

The Commonwealth will seek to respond positively to requests from commu­ nities for assistance in this regard.

1992-93 report

The Aboriginal and Torres Strait Islander Commission has commenced liaison with a number of State and Territory governments, and their respective alcohol and other drug authorities. Liaison will continue over the five-year term of the Royal Commission into Aboriginal Deaths in Custody funding.

The Interim Alcohol and Other Drug Funding and Policy Guidelines, which were released during 1992-93, have been developed with a holistic approach, where the beneficial role of social, entertainment and other community amenities are pro­

moted as a diversion to the inappropriate use of alcohol and other drugs.

ATSIC will respond positively to requests from communities in regard to beer canteen difficulties.

The economic and social roles served by beer canteens will be addressed by the Task Force on Substance Abuse following the submission of an information paper prepared by ATSIC officers. The preparation of such a paper has been scheduled by the Commission’s Substance Abuse Section for 1993-94.

The identification of the limits of the Commonwealth’s powers, the extent of States and Territories powers, and the need for liaison with the States and Territories will also form a large part of the strategy to address the impact of beer canteens on the communities.

The reports on Recommendations 63 and 280 also relate to this matter.

C on tact O fficer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation R eports ------

Recommendation 282

The Commonwealth responded:

The Commonwealth has adopted this approach through the Drug Offensive (the media arm of National Campaign Against Drug Abuse) and the Better Health Program and will continue to apply this approach in its other health and substance abuse campaigns. The involvement of the Aboriginal and Torres Strait people at all stages of strategy development will be ensured by their representation on the Council for Aboriginal Health.

1992-93 report

The development of the National Drug Strategy Aboriginal and Torres Strait Islander Adolescent Alcohol Media Campaign (the Yothu Yindi Raypirri cam­ paign was in the first year of a five-year campaign) involved extensive consultation and discussion with Aboriginal communities and organisations. The Campaign employs a range of mass-media advertising, media and event sponsorships, role- model endorsements, and resource production to promote the preventive message.

The Task Force on Substance Abuse, comprising Aboriginal and Torres Strait Islander community representatives and officers from the Commonwealth and State governments, played a central role in ensuring this consultation took place (for more information, see this Department’s responses to Recommendations 70 or 287 and the Program Report on the Aboriginal and Torres Strait Islander Adoles­ cent Alcohol Media Campaign).

Contact Officer

Mr Jim Kennedy Health Development Section Department of Health, Housing, Local Government and Community Services Telephone (06) 289 8125 Facsimile (06) 289 8483

312 — Recommendation Rppnrf.

Recommendation 283

The Commonwealth responded:

The Commonwealth will seek, through Aboriginal and Torres Strait Islander Commission, to encourage the development and refinement of community driven early intervention programs and that ATSIC support innovative proposals from community based organisations.

The Commonwealth will also seek, through its various training programs, to fund required training.

1992-93 report

$12.1 lm was allocated by the Aboriginal and Torres Strait Islander Commission during 1992-93 for various community initiatives which address drug-related problems. Seventy-six initiatives were funded ranging from prevention and educa­

tion to early intervention and harm minimisation projects.

The National Drug Strategy has funded the development of training courses in Central Australia and at Batchelor College in Darwin, aimed at providing training in alcohol and drug issues. The Task Force on Substance Abuse, in addressing its Terms of Reference, will advise the ATSIC Board on appropriate early intervention programs which may be introduced within Aboriginal Health Services, and in

hospitals and community health centres.

The National Drug Strategy, through the Department of Health, Housing, Local Government and Community Services, at a cost of more than $460,000 for 1992-93 has funded the development of a range of early intervention programs for Aborigi­ nal and Torres Strait Islander people and the development of training courses (for

example, in Central Australia and at Bachelor College, near Darwin) aimed at providing training in alcohol and drug issues. The reports on Recommendations 63 and 70 also relate to this matter.

C on tact O fficer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation Reports —

Recommendation 285

The Commonwealth responded:

The Commonwealth will respond to this Recommendation through a compre­ hensive integrated national program detailed in its response to Recommenda­ tion 70. It is envisaged that the national program will provide access to a range of accredited and community-based training courses for substance abuse workers.

1992-93 report

The Aboriginal and Torres Strait Islander Commission places emphasis on community-based initiatives which empower Aboriginal peoples and Torres Strait Islanders to make informed decisions about appropriate choices in the use of alcohol and other drugs, and projects that facilitate the taking o f personal and community responsibility in addressing alcohol and other drug problems.

During 1992-93 $12.11m was allocated by ATSIC for varying community initia­ tives which address drug-related problems. Seventy-six initiatives were funded ranging from prevention and education to early intervention and harm minimisa­ tion projects. Many of the initiatives involve the employment o f Aboriginal and Torres Strait Islander alcohol workers and other drug workers.

The reports on Recommendations 63,70, 80 and 288 also relate to this matter.

Contact Officer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

314 — Recommendation Report,

Recommendation 286

The Commonwealth responded:

The Commonwealth will place this Recommendation on the agenda of the Council for Aboriginal Health and, at the State and Territory level, through its representatives, raise it at meetings of the Aboriginal Health State Tripar­ tite Forums. The Commonwealth will continue to fund innovative approaches

put forward by Aboriginal and Torres Strait Islander Communities to combat the problem o f petrol sniffing, such as those funded in 1990-91 under the Youth Social Justice Strategy, and through the national alcohol and substance abuse program set out in the Commonwealth response to Recommendation 70.

1992-93 report

The National Drug Strategy, through the Department of Health, Housing, Local Government and Community Services, is presently involved in the development of education initiatives which will, inter alia, address petrol sniffing.

This issue was to have been discussed by the Council for Aboriginal Health. However, as a result of operational difficulties the Council has not met during the 1992-93 financial year. It is, however, being examined by the Task Force on Substance Abuse.

The Task Force on Substance Abuse is currently examining petrol problems within the Regions of South Australia and will provide advice to the ATSIC Board on these areas as well as other affected regions in Australia.

The reports on Recommendations 63, 80, 285 and 287 also relate to this matter.

C on tact O fficer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation R eports ------

Recommendation 287

The Commonwealth responded:

The Commonwealth will respond to this Recommendation through a compre­ hensive, integrated national program detailed in its response to Recommen­ dation 70.

1992-93 report

Funding was made available in 1991-92 to the New South Wales Government to employ Aboriginal drug and alcohol rehabilitation workers for correctional insti­ tutions.

The Aboriginal and Torres Strait Islander Commission also provided funding to the South Australian Aboriginal Sobriety Group in 1992-93 by way of a State Grant to develop a State-wide substance abuse strategy.

ATSIC places emphasis on community-based initiatives which empower Aborigi­ nal peoples and Torres Strait Islanders to make informed decisions about appropri­ ate choices in the use of alcohol and other drugs, and projects that facilitate the taking of personal and community responsibility in addressing alcohol and other drug problems. The Interim Alcohol and Other Drug Funding and Policy Guide­ lines, developed during 1992-93, reinforce ATSIC’s aim of self-determination for communities by encouraging the development of community-owned and run substance abuse initiatives.

During 1992-93, $12.1 lm was allocated by ATSIC for various community initiatives which address drug-related problems. Seventy-six initiatives were funded ranging from prevention and education to early intervention and harm minimisation funded projects. Examples of projects are:

Barrell Well Community (W A)— is planning to implement programs aimed at the prevention of alcohol and other drug abuse. These programs will target:

the significant transient population of Aboriginals seeking refuge from alcohol and drug-related environments, and

young offenders with alcohol and drug-related problems who are sent to the Barrell W ell Community.

Recommendation Report.

There will be workshops and rehabilitation programs facilitated by the community with the assistance of the Alcohol and Drug Authority and other health profession­ als.

Koori Youth Life Skills (Vic) — Purchase of a property known as the Μ & N Station by the Mildura Aboriginal Corporation for the Koori Youth Life Skills rehabilitation project. This property will provide the basis for a large rehabilitation/ treatment centre for both youth and adults in Victoria.

Garl Garl Association, Sobering up centre Safe House (W A )— 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. This project will also complement projects under way in addressing family violence.

Port Kennedy (Torres Strait Region) — the development of a strategic plan to deal with alcohol and substance abuse, formulate policies and raise awareness of the education and rehabilitation projects that are needed in the area.

Maningrida Council Inc (NT) — funding has been provided for the employment of three part-time Aboriginal substance abuse co-ordinators who will provide integrated programs at Maningrida in conjunction with the Youth W orker Recrea­ tion Officer, the Health Centre, the Bawinanga Outstation Resource Centre and an

alcohol rehabilitation program. A team of former petrol sniffers is now employed by Maningrida Council on general town maintenance and this will further develop with the introduction of 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 also basic building skills.

Doonooch Self Healing Centre (NSW) — expansion of the existing centre to include a pilot of a new culturally-based approach rather than a program that has been based on the principles of mainstream services.

Tasmanian Aboriginal Centre — major expansion of an existing service has begun, and will include the extension of the Bumie premises to incorporate a gymnasium, lease a seaside dwelling in a north-east rural setting; and lease a small farm in the south-east, to add to substance abuse services. These expansions are in particular

aimed at diverting youth away from the inappropriate use of alcohol and other drugs.

Recommendation Reports — 317

The Commonwealth has also allocated $9.3m to the Department of Health, Housing, Local Government and Community Services over five years from 1992 -93 towards a program to help prevent alcohol and other substance abuse. The Department’s major role in the program, which is to be implemented under the National Drug Strategy, will be the development, implementation and evaluation of a range of education and prevention initiatives and the National Aboriginal and Torres Strait Islander Adolescent Alcohol Media Campaign.

The National Aboriginal and Torres Strait Islander Adolescent Media Campaign is developing well and has involved extensive consultation and involvement of Aboriginal and Torres Strait Islander communities and organisations. A range of mass media advertising, media and event sponsorships, role model endorsements, and resource production are employed to promote the preventive message.

In addition, in 1992-93 the Department of Health, Housing, Local Government and Community Services, through its National Drug Strategy, approved funding totalling more than $ 1.1 m. for research and educational projects relating to alcohol and drug use among Aboriginal peoples and Torres Strait Islanders.

ATSIC will continue to encourage various community-based initiatives to address issues relating to the inappropriate use of alcohol and other drugs within commu­ nities.

During 1993-94, the Task Force on Substance Abuse is expected to advise the Board of ATSIC Commissioners on specific multiple explanations for the causes of alcohol misuse when addressing the social and health problems which Aborigi­ nal and Torres Strait Islander peoples experience .

The reports on Recommendations 63,70, 80 and 285 also relate to these matters.

Contact Officer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3217 Facsimile (06) 282 3601

Recommendation Report»

Recommendation 288

The Commonwealth responded:

The Commonwealth will respond to this Recommendation through a compre­ hensive integrated national program detailed in the Commonwealth response to Recommendation 70. The Commonwealth has provided funding to both the Department o f Aboriginal and Multicultural Studies at the University of New

England and the Menzies School of Health Research, for the development of specific cross-cultural courses for non-Aboriginal Health professionals. The Commonwealth has also funded Batchelor College in the Northern Territory

for the development of a tertiary accredited course in social work which will involve substance abuse components.

The Commonwealth will also place this Recommendation on the agenda for the Council o f Aboriginal Health and, recognising that the issue of Aboriginal health worker training impacts significantly on States and Territories, will also seek to raise it through the Commonwealth representatives on the State and Territory Aboriginal Health Tripartite Forums.

1992-93 report

During 1992-93, the Department of Health, Housing Local Government and Community Services and the Department of Employment, Education and Training co-operated with representatives of State Governments in a Working Party on Public Health Development The final report included recommendations for a

consolidated and expanded Public Health Education and Research Program which would, among other things, ensure that training is available and is appropriate to the special public health needs of Aboriginal and Torres Strait Islander communi­ ties. Strong support for proposals from this report has been received from ATSIC.

The 1993-94 B udget included ongoing funding for the Public Health Education and Research Program. One of the objectives will be to develop appropriate courses of training in conjunction with representatives of local Aboriginal and Torres Strait Islander communities as well as with ATSIC.

To date, two major projects to develop courses (including the successful Binan Goonj project) and other activities to produce reference materials and conduct workshops have been funded under the Rural Health Support, Education and Training Program.

Recommendation Report» — 319

The Australian Health Ministers' Advisory Council Working Party on the Health Services Workforce in Rural and Remote Areas presented a report to the Advisory Council in October 1992, with recommendations to:

• clarify the roles and inter-relationships between Aboriginal Health Workers, doctors and nurses in remote areas;

• determine the core competencies for remote area nurses and Aboriginal health workers;

• ensure the competencies are reflected in core curricula:

• improve training for Aboriginal health workers;

• improve conditions of service and orientation for nurses and Aboriginal health workers who are required to relocate to remote areas;

• improve communication between remote area communities and their health workers; and

• develop a national core curriculum for a nationally-accredited post-graduate program for remote area nurses.

Following the Australian Health Ministers' Advisory Council’s endorsement of the report, the Working Party established three working groups representing Aborigi­ nal health workers, nurses and doctors to develop statements as to their roles and inter-relationships. These will be included in a report to the next meeting of the Council with a recommendation that it endorse this report as a basis for consultation with interested parties.

The final report of the Working Party will be presented to the 1994 Australian Health M inisters’ Conference meeting with the intention of recommending agree­ ment as a basis for the Industry Training Assistance Board to start development of core competencies for Aboriginal health workers and nurses in rural and remote areas. This should assist both Aboriginal and non-Aboriginal health professionals to provide improved primary health-care to Aboriginal people.

A comprehensive paper is currently being prepared by the Health and Community Development Branch o f ATSIC which identifies the following areas of need:

320 ------ Recommendation Rennrtc

• national accreditation training courses for alcohol and other drug workers; • culturally appropriate training;

• introduction of cross-cultural awareness of health professional, and other agencies or professionals who have a close association with predominantly Aboriginal and Torres Strait Islander populations;

• multi-skilling and transference of competencies;

• numeracy and literacy;

• articulation and credit transfer;

• involvement in decision making processes; and

• roles and inter-relationships for the Aboriginal and Torres Strait Islander health worker in the health work profession.

The Board of ATSIC Commissioners is expected to consider these principles. If endorsed, they will be incorporated in the development of a national ATSIC policy in relation to the education, training and employment of Aboriginal and Torres Strait Islander health workers.

The reports on Recommendations 63 and 285 also relate to this matter.

Contact Officer

Mr Peter Gillin Health and Community Development Branch Aboriginal and Torres Strait Islander Commission Telephone 289 3217 Facsimile 282 3601

Recommendation R eports ------

EDUCATING FOR THE FUTURE Recommendations 289-299

Recommendation 289

The Commonwealth responded:

The Commonwealth accepts the Recommendations of the Royal Commission which stress the importance of the pre-schooling years to the success o f all later education intervention. Access to early childhood programs is fundamental to the success of the National Aboriginal and Torres Strait Islander Education Policy (AEP). The Commonwealth acknowledges that there is a large unmet demand for early childhood programs and that access to existing funding is limited.

The Commonwealth will seek, therefore, to address this area of concern by giving greater priority to the expansion of access to pre-schools under the AEP. Pre-school education will target those children in the year immediately prior to their compulsory schooling and the expansion o f these services will need to be undertaken in close consultation with the Aboriginal community.

To reflect the Royal Commission’s concerns for parent and primary carer involvement in pre-school programs, the Commonwealth will seek to extend the existing Aboriginal Student Support and Parent Awareness (ASSPA) Program to pre-schools and early childhood education centres.

The Commonwealth will seek from State and Territory Governments a commitment to examine expansion o f their pre-school and early childhood programs to assist in ensuring their availability to all Aboriginal and Torres Strait Islander children.

1992-93 report

The Royal Commission recognised the need for greater attention to be paid to the extension of pre-schooling programs and that the extent of the success of the National Aboriginal Education Policy will turn on the success o f pre-schooling initiatives. As well, it recognised the need for pre-schooling programs to involve parents or those responsible for the care of children.

322 ------ Recommendation Report,

As a Royal Commission initiative the Pre-school Program aims to address both components of this Recommendation. 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 in their operational plans

supplementary funding bids for additional pre-school places through the Aborigi­ nal Education Strategic Initiatives Program.

A pre-school study is being undertaken to determine areas of low Aboriginal and Torres Strait Islander participation. A short list o f Statistical Local Areas pinpoint­ ing areas of need has been developed from the 1991 Australian Bureau o f Statistics Census data. This shortlist has been distributed to government and non-govern­

ment education providers seeking proposals to increase the number of pre-school places.

Funding will become available in the first half o f 1994 to begin the process of increasing the number of pre-school places.

The Program report, Pre-school Programs, and the Education Overview report also relate to these matters.

Aboriginal and Torres Strait Islander people are involved through the Aboriginal Education Co-ordinating Committee, the Aboriginal Education Consultative Groups, through Aboriginal Student Support and Parent Awareness Committees, and as departmental staff.

Contact Officer

Mr Athol Prior Post-compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7796 Facsimile (06) 276 7667

Recommendation R eports ------ 323

Recommendation 290

The Commonwealth responded:

The Commonwealth acknowledges the efforts of State, Territory and non­ Government education systems over recent years in developing and imple­ menting Aboriginal studies curricula initiatives. Goals 20 and 21 of the National Aboriginal and Torres Strait Islander Education Policy (AEP) express a commitment from all Governments to co-operate to expand efforts in this area.

Within the overall AEP priority of improving access to, and the quality of education opportunities for Aboriginal and Torres Strait Islander people, the Commonwealth has taken steps to encourage greater effort in the develop­ ment and implementation of Aboriginal Studies curricula, through its Na­ tional Reconciliation and Schooling Strategy. This strategy consists of the following elements:

• development of appropriate and consistent Aboriginal studies curricula for all schools across Australia from kindergarten to Year 12;

• development of consistent teacher education courses to promote greater sensitivity towards Aboriginal issues and Aboriginal and Torres Strait Islander students;

• establishment o f a sister schools scheme between Aboriginal and non­ Aboriginal schools;

• a grassroots campaign to promote a greater understanding by students of their school area’s local Aboriginal community and its history; and

increasing the school community’s capacity to research local Aboriginal history and bring in local Aboriginal people to support classroom activities.

324 —· Recommendation Report»

1992-93 rep ort

A national conference, funded by the Department of Employment, Education and Training, involving representatives from the Aboriginal Education Consultative Groups and other key players in the education field, was held in Sydney on 2 and 3 November 1992. The conference discussed curriculum issues and reviewed progress made in relation to the National Reconciliation and Schooling Strategy.

In addition, DEBT has allocated $250,000 to the ACT Department of Education and Training to develop, through collaboration and consultation, nationally-agreed Philosophy and Guidelines in Aboriginal and Torres Strait Islander Studies across the curriculum. DEBT has also allocated $139,000 to the ACT Department of

Education and Training to produce a video and teaching/lecturing notes which highlight strategies for teaching Aboriginal and Torres Strait Islander students and Aboriginal and Torres Strait Islander Studies. The projects are under way.

The steering committee for the projects consists of representatives from Aboriginal and Torres Strait Islander Education Units in New South Wales, Queensland, South Australia, Western Australia and the Australian Capital Territory. All members of the project team are Aboriginal or Torres Strait Islander people.

The two projects being undertaken by the ACT Department of Education and Training are in the final phase.

The steering committee for the two projects will endorse the projects and submit them to DEBT. The Department will then submit the completed projects to the Minister for Employment, Education and Training. The material will be distributed to State and Territory Ministers for Education.

1992-93 expenditure: $216,400.

Contact Officer

Ms Julia Forrest Post-compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

Recommendation Reports ------ 3 2 5

Recommendation 291

The Commonwealth responded:

The involvement of members of local Aboriginal and Torres Strait Islander communities in the development and presentation of Aboriginal viewpoints on social, cultural and historical matters will be encouraged through the 2,600 committees established under the Aboriginal Student Support and Parent Awareness (ASSPA) program. Each committee is able to engage members of the local community in the activities of the schools in which they operate and pay Aboriginal and Torres Strait Islanders for any services provided.

The Commonwealth will encourage ASSPA Committees to research and document the local Aboriginal and Torres Strait Islander history, and make this research available to members of the wider community and the school, where this is culturally appropriate. As part of the National Reconciliation and Schooling Program, the Commonwealth has arranged for the Australian

Institute of Aboriginal and Torres Strait Islander Studies to develop a program to support the development of local history resource material for use in the school curriculum.

The Aboriginal and Torres Strait Islander Commission administers a Com­ munity Speakers program which aims to change perceptions about indig­ enous people through the discussion of issues of relevance to Aboriginal and Torres Strait Islander people. The program is targeted at school students,

business leaders and other groups, and it provides payment for Aboriginal and Torres Strait Islander people to attend speaking engagements. The Commonwealth, through the Department of Employment, Education and Training and the Aboriginal and Torres Strait Islander Commission, will adapt this Program to employ local Aboriginal and Torres Strait Islander

people to visit schools. The Commonwealth will be seeking State and Territory and other school system support through promotion to schools of the Commu­ nity Speakers Program.

The Commonwealth will ensure the co-ordination of all Commonwealth agencies’ community awareness programs in Aboriginal and Torres Strait Islander affairs.

326 — Recommendation Reports

1992-93 rep ort

The Royal Commission recognised the need for participation of local Aboriginal and Torres Strait Islander communities when designing programs which incorpo­ rated Aboriginal and Torres Strait Islander viewpoints on social, cultural and historical matters.

In response to this, the Department of Employment, Education and Training, in late 1992, developed the Local History Project under the National Reconciliation and Schooling Strategy. The project involved a contract with the Australian Institute of Aboriginal and Torres Strait Islander Studies to produce a kit which includes a video and two booklets, Looking fo r your Mob and Telling it Like it is. The kit is

a guide to assist research in Aboriginal and Torres Strait Islander history. It was distributed to all Aboriginal Student Support and Parent Awareness (ASSPA) committees with the aim that these committees would encourage school projects

to research local Aboriginal and Torres Strait Islander history for distribution, not only in schools, but in the local community. One of the major aims of the ASSPA program is to influence school curricula at the local level. Kits have also been distributed to independent Aboriginal and Torres Strait Islander education provid­ ers, Aboriginal Education Consultative Groups, Aboriginal and Torres Strait

Islander units in higher education institutions and all others who have requested one.

Most ASSPA committees conduct cultural-awareness activities in the schools they represent. This usually involves guest speakers from the Aboriginal and Torres Strait Islander community. Under ASSPA guidelines, committees are able to pay speakers for their time.

ASSPA committees report to the Department on activities and outcomes at the end of each school year. Any influence on school curricula would feature in these reports.

The Royal Commission recognised the need for an appropriate level of payments to local Aboriginal and Torres Strait Islander people when they are engaged to assist in the preparation and delivery of courses which incorporate indigenous

viewpoints.

In response to this Recommendation, $3m has been allocated over 1993-95 to establish the National Aboriginal and Torres Strait Islander School Speakers Program. The Program is aimed mainly at schools where ASSPA committees are not present All kits have been distributed. Expenditure in 1992-93 was $100,000,

Recommendation R eports ------ 327

Implementation o f the School Speakers Program is expected to proceed in 1993-94. The allocation for 1993-94 is $849,900. The program will allow local Aboriginal and Torres Strait Islander people to visit schools in a co-ordinated way on an occasional basis, as guest speakers or guest teachers, to talk about indigenous

history and culture. Speakers will be provided with copies o f kits for distribution to children. The kits will be designed to allow for the inclusion of additional material which is specific to the local area. Funding will be allocated under the Aboriginal Education Strategic Initiatives Program (AESIP).

Two videos provide a basic understanding of the history and culture of Aboriginal and Torres Strait Islander people. These videos have been distributed to all schools with an enrolment of around 150 students or more.

When the Amending Aboriginal Education Agreements are signed by both parties, funding for 1993 will be released. By the end of 1993, funding for 1994-95 will be allocated. School Speakers Kits will be developed and distributed to State and Territory Ministers for Education. All funding will be committed by the end of

1993.

Aboriginal and Torres Strait Islander people are involved through the Aboriginal Education Co-ordinating Committee, the Aboriginal Education Consultative Groups, through Aboriginal Student Support and Parent Awareness Committees and as Departmental staff.

AESIP recipients are required to report twice annually on the expenditure o f AESIP funds and annually on the educational outcomes of the agreed initiatives.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

328 — Recommendation Report»

Recommendation 292

The Commonwealth responded:

The Commonwealth will convene a national meeting of Aboriginal Education Consultative Groups in 1992 to address both this and other relevant Recom­ mendations of the report. Specific attention at this conference will be given to the National Collaborative Curriculum work which is being undertaken

under the aegis of the Australian Education Council. The Council aims to recognise the importance of including Aboriginal issues (cultural, social, and artistic concepts and values, historical perspectives, health and education matters) in the curriculum from years 1 through to 12. Further details of this

project are provided in response to Recommendation 290.

1992-93 report

The Royal Commission recognised that many Aboriginal and Torres Strait Islander communities and organisations identified the need for education curricula to include a course on social issues. Further, the Royal Commission recommended that Aboriginal Education Consultative Groups explore processes for negotiation

between communities and teachers at the local community level, and develop guidelines for teaching Aboriginal and Torres Strait Islander students as well as employment and conditions of teachers on local communities.

To address these issues, a national conference, funded by Department of Employ­ ment, Education and Training and involving representatives from the Aboriginal Education Consultative Groups and other key players in the education field was held in Sydney in November 1992. The conference discussed curriculum issues and reviewed progress made in relation to the National Reconciliation and Schooling

S trategy. An outcomes paper entitled Outcomes o f the National Reconciliation and Schooling Strategy Conference 1992 was produced and forwarded to the Minister for Aboriginal and Torres Strait Islander Affairs. Expenditure in 1992-93 was $43,000.

All State and Territory Ministers for Education and their Aboriginal Education Consultative Groups were invited by the Minister for Aboriginal and Torres Strait Islander Affairs to submit joint proposals for funding under the School Speakers

Program element of the Aboriginal Education Strategic Initiatives Program.

Recommendation Reports ------ 3 2 9

Submissions have been received from four States and one Territory. Negotiations are still under way with the remaining two States and Territory.

The report on Recommendation 291 also relates to this matter.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

330 — Recommendation Ri»pnrt.

Recommendation 293

The Commonwealth responded:

The Commonwealth notes the Royal Commission’s endorsement of the Aboriginal Student Support and Parent Awareness (ASSPA) Program and proposes to undertake measures which will expand and strengthen its key role of including Aboriginal and Torres Strait Islanders at a local level in the delivery of school programs.

The Commonwealth recognises the need for training for many Aboriginal and Torres Strait Islander people involved in ASSPA committees to ensure that they are able to have an effective voice. A training course has been designed and will be made available to both existing and new ASSPA committees. The

course promotes best practices and more effective community management.

The Commonwealth will seek the continuing support of State and Territory Governments in assisting Aboriginal and Torres Strait Islander communities to have an effective role in the education of their children through ASSPA committees, especially through assisting school principals and their repre­ sentatives in working effectively with these committees.

1992-93 report

The Royal Commission commended the introduction of the Aboriginal Student Support and Parent Awareness program, noting that its success would depend on the extent to which the Aboriginal and Torres Strait Islander communities were guaranteed adequate consultation, negotiation and support in implementing and devising the program.

ASSPA committees are based on the principle of community control, with ASSPA committees being responsible for the development of activities with funds pro­ vided. The only condition is that all activities must be aimed at educational outcomes, and at increasing the participation and retention rates o f Aboriginal and

Torres Strait Islander young people in primary and secondary schools. ASSPA committees are responsible for monitoring outcomes and reporting on them.

There are currently 2,600 ASSPA committees throughout the country. Expendi­ ture in 1992-93 was $ 16.1m.

Recommendation Reports ------ 331

An ASSPA Audit Strategy Pilot Exercise involved the 20 largest funded commit­ tees in each S tate and the Northern Territory. The results will be used for identifying the focus of future committee training. Committees may allocate part of their funding to provide themselves with book-keeping training.

A restructure at the Central Office level of the Department of Employment, Education and Training has resulted in the formation of a Student Services Training Section which will be able to devote improved resources to ASSPA training needs.

Contact Officer

Mr Denis Ware Student Assistance Support Branch Department of Employment, Education and Training Telephone (06) 240 8652 Facsimile (06) 240 9587

------ Recommendation Reports

Recommendation 294

The Commonwealth responded:

The Commonwealth will document methodologies employed in the training of Aboriginal and Torres Strait Islander teachers and other workers for work in remote communities. This will be distributed amongst States and Territories which will be asked to examine them in the context of preparing their Strategic and Operational plans for supplementary funding under the next Aboriginal Education Policy Triennium, 1993-95.

Research into appropriate in-service teacher training material is also being undertaken as a component of the National Reconciliation in Schooling Program currently under way (see details under Recommendation 290).

1992-93 report

The Royal Commission recognised the need for note to be taken of the methodol­ ogy employed in programs such as those at Batchelor College, Northern Territory, in training Aboriginal teachers and others for work in remote communities.

The Department of Employment, Education and Training funded (as a Project of National Significance) the Queensland Department of Education to produce materials and guidelines which will assist education systems in providing in­ service training to raise the sensitivity of practising teachers, often with no previous

training, who are required to teach in schools and classrooms with significant proportions of Aboriginal and Torres Strait Islander students. Expenditure in 1991-92 was $150,000.

The project has been completed, and the Queensland Department o f Education is awaiting formal advice from the project team that the project has been endorsed by all States and Territories. Expenditure in 1992-93 was $2.157m.

The project report will be presented to the Minister for Employment, Education and Training when the Department has been advised that the project has been endorsed by all States and Territories. The project report will be forwarded to all State and Territory Ministers for Education and Deans of Education for endorsement.

Funding allocation in 1993-94 is $1.4m. Funding for the Project of National Significance is $70,000.

Recommendation R eports ------ 3 3 3

The Steering Committee for the project included representatives from Aboriginal Education Units from the South Australian Department of Education, the New South Wales Department of School Education, the Queensland Department of Education and the Torres Strait Islander Consultative Committee.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

334 — Recommendation Reports

Recommendation 295

The Commonwealth responded:

The curriculum content of in-service teacher training courses is the responsi­ bility of State and Territory education authorities. The Commonwealth acknowledges the work being done by States and Territories and other education systems in this area.

The Commonwealth has provided funding to the Queensland Department of Education to manage and co-ordinate a national project, on improving teacher in-service education, as part o f the national Reconciliation and Schooling Strategy. The project — Teacher In-Service Modular Education System — is geared to develop appropriate material for use nationally. The scope of the project will be extended to pre-service programs.

The Commonwealth has also provided higher education priority reserve funding to the University of New South Wales to develop curriculum materials for pre-service teacher education encompassing Aboriginal Studies.

The Commonwealth will be seeking State and Territory co-operation in the expansion of this type of activity.

1992-93 report

The Royal Commission recognised the need for all teacher training to include courses which would enable student teachers to understand the Aboriginal and Torres Strait Islander histories of Australia. There was also a need for in-service training courses so teachers would be able to improve their knowledge of Aborigi­

nal and Torres Strait Islander issues, and for Aboriginal and Torres Strait Islander people to be involved in training courses at student teacher and in-service levels.

The Department of Employment, Education and Training has funded a number of projects which aim to meet the components of this Recommendation. In 1991, DEBT provided $25,000 from the National Priority (Reserve) Fund to the Univer­ sity of New South Wales to develop units on Aboriginal and Torres Strait Islander

culture and heritage for its teacher training programs. This grant was made on condition that these units would be made available to institutions which expressed an interest.

Recommendation R eports ------ 3 3 5

The Minister for Aboriginal and Torres Strait Islander Affairs allocated $156,000 in 1993 under the Aboriginal Education Strategic Initiative Program for Stage 2 of the project.

DEBT has provided $147,000 to the University of South Australia to develop, through collaboration and consultation, a comprehensive statement on what is being provided nationally in pre-service teacher education programs to prepare teachers for working with Aboriginal and Torres Strait Islander students. The project will culminate in a nationally-agreed philosophy and guidelines which will

be available to teacher-educators for use as a framework to assist student teachers to understand Aboriginal and Torres Strait Islander viewpoints and to teach Aboriginal and Torres Strait Islander Studies in schools.

DEBT has also provided $150,000 to the Queensland Department of Education to produce materials and guidelines which will assist education systems in providing in-service training to raise the sensitivity of practising teachers who, often with no previous training, are required to teach in schools and classrooms with significant proportions of Aboriginal and Torres Strait Islander students. On 25 June 1993, the University of New South Wales conducted a seminar to report on the progress of the project.

The project being conducted by the University of South Australia is in its final phase.

The project conducted by the Queensland Department of Education has been completed. The Department is awaiting formal advice from the project team that the project has been endorsed by all States and Territories. Expenditure was $175,000 in 1992-93.

It is anticipated that the steering committee for the project being undertaken by the University of South Australia will endorse the report and submit it to the Depart­ ment for formal presentation to the Minister for Employment, Education and f raining. The project undertaken by the Queensland Department of Education will be formally presented to the Minister when the Department has been advised that the project has been endorsed by all States and Territories.

AH education providers are required to develop operational plans in consultation with their Aboriginal and Torres Strait Islander communities. Aboriginal and Torres Strait Islander involvement in the implementation and monitoring of strategic initiatives funded under AESIP, including funding for strategic initiatives to pre-service training, is one of the terms and conditions under which this funding

336 — Recommendation Report.

is allocated. AESIP recipients are currently required to report twice annually on the expenditure o f AESIP funds and annually on the educational outcomes o f the agreed initiatives.

The Steering Committee for the Queensland Department o f Education project included representatives from Aboriginal Education Units from the South Austral­ ian Department of Education, N S W Department of Education, Queensland Depart­ ment of Education and the Queensland Aboriginal and Torres Strait Islander

Consultative Council.

Contact Officer

Mr Bruce Furze Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7943 Facsimile (06) 276 7667

Recommendation Reports — 3 3 7

Recommendation 296

The Commonwealth responded:

Although the States and Territories have primary responsibility for the roles of teachers and their conditions of employment, the Commonwealth will arrange a meeting with Aboriginal Education Consultative Groups in 1992 to discuss the implementation of this Recommendation.

1992-93 report

The Royal Commission found that many Aboriginal and Torres Strait Islander communities and organisations identified the need for education curricula to include a course on social issues. It recommended that Aboriginal Education

Consultative Groups explore processes where the community and teachers nego­ tiate the role of teachers at local level, guidelines for teaching indigenous students, and employment and conditions of teachers on local communities.

To this end, a national conference, funded by the Department of Employment, Education and Training and involving representatives from the Aboriginal Educa­ tion Consultative Groups and others in the education field, was held in Sydney in November 1992. The conference discussed curriculum issues and reviewed progress made in relation to the National Reconciliation and Schooling Strategy. A paper entitled Outcomes o f the National Reconciliation and Schooling Strategy Conference 1992 was later forwarded to the Minister for Aboriginal and Torres Strait Islander Affairs. Expenditure in 1992-93 was $43,000.

All State and Territory Ministers for Education and their Aboriginal Education Consultative Groups were invited to submit joint proposals for funding under the School Speakers Program element of the Aboriginal Education Strategic Initiatives Program. Four States and one Territory have responded. Negotiations are still under way with the remaining two States and Territory.

The report on Recommendation 291 also relates to this matter.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

338 --- Recommendation Report,

Recommendation 297

The Commonwealth responded:

The Commonwealth notes the vital role played by Aboriginal education workers and their positive effects on Aboriginal and Torres Strait Islander student outcomes, including reduction of truancy rates. The Commonwealth also notes the useful research undertaken by the Australian Teachers’ Union

on Aboriginal Education W orkers’ conditions of service and training. The Commonwealth will work with State and Territory Governments on a strate­ gic approach to the provision, training and remuneration o f Aboriginal Education Workers.

1992-93 report

The Royal Commission recognised the role of Aboriginal and Torres Strait Islander Education Workers in ensuring Aboriginal and Torres Strait Islander participation in the education system. It recommended that such workers be given recognition and remuneration for their role as well as recognise the conflicting expectations of

their communities and departments. Also recognised was the need for such workers to be accountable to the Aboriginal and Torres Strait Islander communities.

The Department of Employment, Education and Training has funded a number of programs which aim to meet all three components o f this Recommendation. DEBT made a grant of some $79,000 to the Australian Education Union, formerly the Australian Teacher’s Union, to carry out a research project on the terms and

conditions of employment for Aboriginal Education Workers. A further grant of $30,000 was made to complete the project in the Northern Territory and the Torres Strait.

The report on the project has been endorsed by the steering committee and presented to the Department for formal presentation to the Minister for Employ­ ment, Education and Training. Expenditure in 1992-93 was $47,400.

The steering committee has Aboriginal and Torres Strait Islander representation from the Australian Teachers’ Union and the Victorian Aboriginal Education Association Incorporated. The project team has an Aboriginal member.

Recommendation R eports ------ 3 3 9

Implementation o f the report will be a matter for State and Territory Governments and other employers of Aboriginal Education Workers. The funding allocation for 1993-1994 is $12,000.

The section on Aboriginal Education Workers in the Education Overview Report, the Program Report on Aboriginal and Torres Strait Islander Education Workers and the report on Recommendation 72 also relate to these matters.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

340 — Recommendation Report.

Recommendation 298

The Commonwealth responded:

The Commonwealth currently supports Aboriginal and Torres Strait com­ munity controlled education institutions and funds them under the Aboriginal Education Program. Students undertaking courses at these institutions are eligible for allowances which would be paid if those courses were run in Technical and Further Education (TAPE) or other recognised institutions.

It is recognised that some students may take longer to complete courses due to the disadvantaged educational background which they have experienced. Allowance is made for this educational disadvantage in the provisions of the Commonwealth’s Aboriginal Study Assistance Scheme.

The Commonwealth will be seeking State and Territory support for such community-controlled Aboriginal educational institutions so that they are considered for delivery of accredited TAPE and other educational programs.

1992-93 report

The Royal Commission recognised the need for government support for Aborigi­ nal and Torres Strait Islander community-controlled adult education institutions, and recommended that students in courses delivered by such institutions be entitled to the same payments/allowances as students in TAPE courses receive. It also found that Aboriginal and Torres Strait Islander students may require assistance for

longer periods, in recognition of historical educational disadvantages.

Many of the conditions of the AB STUDY scheme of student assistance meet the issues raised in this Recommendation. From 1 January 1993, ABSTUDY policy was expanded to include accredited higher education or TAPE equivalent courses conducted by private providers. Private providers can include Aboriginal and Torres Strait Islander colleges.

The level of assistance payable to Aboriginal andTorres Strait Islander participants in courses provided by Aboriginal and Torres Strait Islander colleges is the same as that for participants in TAFE/higher education courses.

Recommendation Reports ------ 341

ABSTUDY has more generous progress rules than AUSTUDY and a higher level of allowances for some Aboriginal and Torres Strait Islander students. Expenditure was $ 106.33m in 1992-93.

A submission is currently being made to the Department of Social Security to extend the education entry payment ($200) to ABSTUDY students who are otherwise covered for assistance under the JET program.

The Federation of Aboriginal Education Consultative Groups and representatives of Aboriginal and Torres Strait Islander Commission are consulted each year in relation to proposed ABSTUDY policy amendments. Student Assistance Centres in some areas have established reference groups comprising representatives of education providers and the Aboriginal and Torres Strait Islander communities.

Consultation has also occurred with the Aboriginal Higher Education Network.

The report on Recommendation 202 also relates to this matter.

Contact Officer

Ms Barbara Easteal Student Assistance Support Branch Department of Employment, Education and Training Telephone (06) 240 9048 Facsimile (06) 240 8826

342 — :ommendation geggrtf

Recommendation 299

The Commonwealth responded:

The Commonwealth is committed to effective arrangements for the participa­ tion of Aboriginal and Torres Strait Islander parents and communities at all levels of education under the Aboriginal Education Program (AEP).

At the local level, this is given effect through the funding of the Aboriginal Support and Parent Awareness Program. At State and Territory level, the Aboriginal Education Consultative Committees are involved in the strategic and operational planning processes of the AEP, while at national level it is the

role of the Aboriginal and Torres Strait Islander Commission to provide educational policy advice.

The Commonwealth will be seeking the continuation of the commitment of State and Territory Governments and other educational providers to these consultative mechanisms.

The Federal Parliament, in the preamble to the Council fo r Aboriginal Reconciliation Act 1991, unanimously called for an ongoing national commit­ ment from Governments at all levels to co-operate and co-ordinate with the Aboriginal and Torres Strait Islander Commission, as appropriate, to address

progressively Aboriginal disadvantage and aspirations in relation to educa­ tion as part of the reconciliation process. The Commonwealth will be seeking to foster further efforts to address Aboriginal education disadvantage as an important part of the process of reconciliation.

1992-93 report

The Royal Commission recognised the importance of one of the long-term goals in the National Aboriginal Education Policy, to establish effective arrangements for participation o f Aboriginal and Torres Strait Islander parents and community members in education, and that equity in education would achieve a strengthening

of Aboriginal and Torres Strait Islander identities, decision-making and self­ determination.

Aboriginal Education Consultative Groups play an integral role in addressing this Recommendation. The Groups provide advice to State, Territory and Common­ wealth governments on educational matters pertinent to Aboriginal and Torres

Recommendation Report» ------ 343

Strait Islander people. Aboriginal Education Consultative Groups are now opera­ tional in each State and Territory, and have recently had funding approved for 1993-95. In addition, the Commonwealth has contributed $150,000 towards the creation of a Federation of AECGs. Expenditure in 1992-93 was $2.157m.

The Department o f Education, Employment and Education and Training has provided $ 180,000 to the Queensland Department of Education to produce a video so that Aboriginal and Torres Strait Islander people in remote communities can make informed decisions about the various options available for the delivery of education services.

The project has commenced, and production and dissemination of the video should be completed over the next 12 months.

The steering committee for the project being undertaken by the Queensland Department of Education has representation from Aboriginal and Torres Strait Islander education systems and the Federation of AECGs. One of the conditions of funding was the involvement of Aboriginal and Torres Strait Islander people at all stages of the project.

After negotiation between DEBT and ATSIC, the Commission has established the Aboriginal Education Co-ordinating Committee to assist it in its role as provider of national level policy advice on Aboriginal and Torres Strait Islander education

issues.

The Committee is chaired by an ATSIC Commissioner and consists of senior representatives of ATSIC, DEBT and the National Federation of Aboriginal and Torres Strait Islander Education Consultative Groups. The Committee meets quarterly to:

• monitor developments and provide reports to ATSIC’s Board of Commis­ sioners on the purposes and outcomes of Aboriginal and Torres Strait Islander education programs; and

" ensure co-ordination between Aboriginal and Torres Strait Islander educa­ tion programs and other related programs and services for Aboriginal peoples and Torres Strait Islanders.

Funding for AECGs has been allocated for the 1993-95 AEP triennium, with half the amount being provided prior to 30 June 1993.

3 4 4 —

All education providers are required to develop operational plans in consultation with their Aboriginal and Torres Strait Islander community. Aboriginal and Torres Strait Islander involvement in the implementation and monitoring of strategic initiatives funded under AES IP, including funding the Aboriginal Education

Consultative Groups, is one of the terms and conditions under which this funding is allocated. AESIP recipients are required to report twice annually on the expenditure o f AESIP funds and annually on the educational outcomes of the agreed initiatives.

The Overview Report on Education also relates to these matters.

Contact Officer

Ms Julia Forrest Post-Compulsory and Aboriginal Education Branch Department of Employment, Education and Training Telephone (06) 276 7941 Facsimile (06) 276 7667

Recommendation R eport! ------ 3 4 5

INCREASING ECONOMIC OPPORTUNITY Recommendations 300 - 320

Recommendation 300

The Commonwealth responded:

The Commonwealth acknowledges the support of this Recommendation by the States and Territories and will seek to negotiate closer links with the States to achieve the objectives of the Aboriginal Employment Development Policy (AEDP). This Policy is a significant fiscal commitment by the Commonwealth to address ways of enhancing employment and income levels for Aboriginal and Torres Strait Islander people.

The Commonwealth also acknowledges the prime importance o f the economic development of the Aboriginal and Torres Strait Islander community gener­ ally to assist that community to overcome the underlying issues identified by the Royal Commission. The AEDP has been the major Commonwealth means of addressing that economic development need over the past five years. While progress has been made, there is a need to enhance and refocus the policy to better achieve its longer term objectives of employment and income equity. This will mean additional support for public and private sector employment, including Aboriginal and Torres Strait Islander ownership and management of resources and support for community income-producing activities.

As a part of the reconciliation process, the Commonwealth will seek an ongoing national commitment from Governments at all levels to co-operate and co-ordinate with the Aboriginal and Torres Strait Islander Commission (ATSIC) as appropriate, to address progressively, Aboriginal and Torres Strait Islander disadvantage and aspirations in relation to, among other things, land, education, employment, infrastructure and economic develop­ ment.

The range of measures which form the basis of an economic development strategy are complementary and require close co-operation and co-ordination of Commonwealth and State funding agencies. The strategy also requires a commitment by Aboriginal and Torres Strait Islander people to be actively involved in the planning and delivery stages of policy and program develop­ ment to ensure that a maximum economic effect, in terms of labour force participation rates and increased income levels, is achieved.

3 4 6 ------ Recommendation

To enhance the implementation process, the Commonwealth proposes to refocus the policy to ensure a greater economic development emphasis and will take steps to ensure that the National Aboriginal Employment Develop­ ment Policy Task Force becomes more actively involved in achieving progress

in the public and private sectors, and to build upon achievements in the community sector. The Task Force will continue to be responsible to the Minister for Aboriginal and Torres Strait Islander Affairs. The Task Force will be chaired by an ATSIC Commissioner and include representation from

the private sector as well as the community and public sectors. Responsibility for co-ordination of the policy at the National, State and Regional levels will remain with ATSIC. The Commonwealth will continue to seek closer links with the States and Northern Territory, particularly in relation to linking with Regional and Community planning processes as a basis for a co-ordinated

response to economic development.

The AEDP has not only been the means for broadening the scope of the Community Development Employment Projects (CDEP) scheme but also for a major Government commitment addressing the destructive aspects of welfare payments by providing for meaningful activity, having social and economic benefits, by community workforces.

The dramatic changes which occur in communities after the introduction of CDEP are well documented. Groups of Aboriginal people in areas such as Redfem are seeing real options for achieving a turnaround in their unem­ ployed status and are also building a sense of pride and dignity in their own

achievements. The range of activities covered by the various projects around Australia include activities to expand the economic base of communities as well as traditional economic activities.

The Commonwealth is considering ways of building on these positive out­ comes. It proposes further work on the development of industry strategies to identify ways to achieve closer links between existing program activity and such industries including the pastoral, mining, tourism industries. To this end

the Commonwealth has consulted major private sector employment industry representatives in the tourism, pastoral and mining industries and will work in close co-operation with industry representatives to develop Aboriginal and

Torres Strait Islander employment strategies.

Recommendations arising from a Review of the Commonwealth’s Training for Aboriginals Program (TAP), by Elliott Johnson, QC in November 1991, generally support this Recommendation. In particular, the review recom-

Recomroendation Report» — 347

mended that the community-based elements o f TAP be transferred to the Aboriginal and Torres Strait Islander Commission to link training with program delivery and to achieve a strategic focus to the provision o f commu­ nity-based training. This arrangement will take effect on 1 July 1992.

The Department o f Employment, Education and Training will focus on achieving the equity targets and objectives in relation to the mainstream labour market.

The AEDP and programs will be comprehensively reviewed in 1992-93 by an Independent Committee of Review to determine achievements against stated objectives.

1992-93 report

The Minister for Aboriginal and Torres Strait Islander Affairs has appointed an Aboriginal Employment Development Policy (AEDP) Evaluation Steering Com­ mittee. Its terms of reference are to direct and oversee the mid-term review of the AEDP and its associated economic and employment programs, taking into account the findings and recommendations of the Committee to Review Aboriginal

Employment and Training Programs, 1985 (the Miller Report), the report of the Royal Commission Into Aboriginal Deaths in Custody, 1991, and reports of the House of Representatives Standing Committee into Aboriginal Affairs through:

* consideration of individual AEDP program evaluation reports;

consideration of an analysis undertaken by the Centre for Aboriginal Eco­ nomic Policy Research of census and other research data to identify the extent to which AEDP objectives have been achieved;

consultation with a variety of stakeholders including representatives of Aboriginal and Torres Strait Islander communities, and o f the private and public employment sectors; and

• analysis of program linkages and long-term objectives.

The Committee will report to the Minister for Aboriginal and Torres Strait Islander Affairs on its findings and recommend policy options. It will pay particular attention to enhancing integration and co-ordination of strategies addressing the economic development needs of Aboriginal peoples and Torres Strait Islanders.

348 — Recommendation

Aboriginal Employment Development Policy

The Department of Employment, Education and Training has changed program delivery to further improve the impact of those activities directed towards progress­ ing the aims of the AEDP.

As recommended by Elliott Johnston, QC in his review of the Training for Aboriginals Program, the Department is now placing greater emphasis on the use of general labour market programs to assist Aboriginal and Torres Strait Islander job seekers, while retaining TAP for the most disadvantaged clients.

Approximately 5,000 Aboriginal and Torres Strait Islander clients have been assisted through TAP in 1992-93. Expenditure was $38.8m. Significant develop­ ments have occurred in the Employment Strategies element of TAP. Initiatives included the formation of strategic links with peak bodies such as the Australian

Confederation of Commerce and Industry and the Australian Council of Trade Unions. Further steps included the development o f employment strategies with media organisations and with non-government organisations.

The emphasis will be on improving the quality of outcomes from the Training for Aboriginals Program. This will include expanding the range of occupations and industries and the range of positions within organisations. As well, employment and training will be provided in places where Aboriginal and Torres Strait Islander

people live.

At November 1993, the Aboriginal and Torres Strait Islander share of the Commonwealth Employment Service register was 3.45 per cent. In 1993-94, 3.8 per cent, or approximately 18,300 of DEET's general labour market program places, not including TAP, are targeted for Aboriginal and Torres Strait Islander people.

The figures on the next page show the numbers o f Aboriginal and Torres Strait Islander clients for each general labour market program in 1992-93 and the percentage who are Aboriginal and Torres Strait Islander people:

Recommendation Report» — 349

PROGRAM— ABORIGINAL AND TORRES STRAIT ISLANDERS No. %.

JOBSTART(,) 4 281 2.8

Other 0,1 118 1.5

New Enterprise Incentive Scheme (NEIS) 17 1.5

Mobility Assistance Scheme (MAS) 362 0.5

JOB TRAIN 3 280 3.9

Skillshare 4 941 4.3

Special Intervention 899 2.4

Accredited Training for Youth (ATY)(c) 515 3.7

Job Search Training 1 104 3.2

JOB SKILLS 831 4.8

Landcare & Environment Action Program (LEAP) 460 8.3

Labour Adjustment Packages (LAPS) 11 0.7

TO TA L 16 819 3.3

(,) JOB STA R T includes Employment Incentive Scheme 00 O ther includes Contracted Placement, Post Placement Support, Work Experience for People with Disabilities, Post Placement Support/Training for People with Disabilities.

(c) ΑΤΎ excludes 1,948 participants not eligible for FTA.

The major focus in 1993-94 will be on service delivery, eligibility and access issues. The emphasis in these initiatives will be on improving services to clients in remote areas and improving the links between TAP and other labour market and training programs, both within DEBT and with ATSIC and the Department of Social Security. Alterations to eligibility relate to accredited training. These initiatives require program guidelines to be redrafted and alterations to service delivery arrangements.

A new DEBT Remote Area Field Service to assist clients in remote areas was announced by the Government in the 1993-94 Budget. While the field service will address the needs of all remote clients, there will be a focus on remote Aboriginal and Torres Strait Islander communities. The type of assistance to be provided will include:

• NEWSTART Activity agreements;

* identifying individual training and labour market program opportunities for remote clients, and developing responses;

seeking out employment opportunities for job seekers, and organising job placements;

350 ------ Recommendation Report»

• working with DSS, ATSIC and community agencies to identify community employment and training needs and appropriate responses.

ATSIC will be consulted in the implementation phase o f the field service and attempts will be made to establish a joint training venue for operational and management field staff. ATSIC Regional Councils and remote Aboriginal and Torres Strait Islander communities will be involved in identifying service delivery

needs.

Final decisions on the structure of the field service, co-ordination with other agencies (DSS and ATSIC), development of training packages for field staff, and recruitment and training of field officers, will be completed within the next six to 12 months.

Funds of $2.66m have been allocated to the field services in 1993-94. The Budget forward estimates are $7.22m for 1994-95 , and $7.25m for 1995-96.

Contact Officer

Mr Jim Ramsay Economic Development Policy Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3102 Facsimile (06)282 5027

Recommendation Report» ------ 351

Recommendation 301

The Commonwealth responded:

The Commonwealth will seek the agreement of State and Territory Govern­ ments and of the Australian Local Government Association, to a set of goals on Aboriginal and Torres Strait Islander economic development as a corner­ stone of a National Aboriginal Policy Statement. Joint responsibility agree­ ments on objectives, strategies and outcomes will provide the basis for funding arrangements.

1992-93 report

The development of a multilateral policy statement was endorsed by the Heads of Government meeting in May 1992. Negotiations then took place between ATSIC, the Commonwealth, State and Territory governments and the Australian Local Government Association during the latter part of 1992. These resulted in the development of the National Commitment to Improved Outcomes in the Delivery o f Programs and Services fo r Aboriginal Peoples and Torres Strait Islanders, which was endorsed by the Council of Australian Governments meeting in December 1992.

The National Commitment sets out key principles and objectives to be adopted by governments in respect of delivery of programs and services to Aboriginal peoples and Torres Strait Islanders. Among national objectives of the National Commit­ ment, all Governments agreed to promote and encourage the development of greater economic independence and self-reliance within Aboriginal and Torres Strait Islander communities. Education, training and employment were among areas identified for particular attention.

The National Commitment provides a framework for a series of bilateral agree­ ments between the Commonwealth and the States and Territories. These agree­ ments are to set out detailed arrangements and objectives for specific functional areas of program and service delivery. Any program initiatives involving funding to the States or joint responsibility agreements between the Commonwealth and the States should seek to be consistent with the principles and objectives adopted in the National Commitment.

Joint responsibility agreements have initially been proposed for a number of functional areas including housing, infrastructure, health and child care and are expected to be further developed with State and Territory governments during

352 — Recommendation Report,

1993-94. The next step will be the meeting of the Australian Aboriginal Affairs Council (AAAC) of Ministers in October 1993, which will consider measures to sustain the priority of the negotiation of agreements, including regular reporting to the AAAC. The AAAC will consider issues affecting capital infrastructure in

Aboriginal and Torres Strait Islander communities. Separate negotiations at officer level have made considerable progress on housing responsibilities.

The Minister for Aboriginal and Torres Strait Islander Affairs has appointed an Aboriginal Employment Development Program (AEDP) Evaluation Steering Committee whose terms of reference include:

to direct and oversee the mid-term review of the AEDP and its associated economic and employment programs, taking into account the findings and recommendations of the Report of the Committee to Review of Aboriginal Employment and Training Programs, 1985 [the Miller Report]; the Report of the Royal Commission into

Aboriginal Deaths in Custody, 1991; and reports of the House of Representatives Standing Committee into Aboriginal Affairs.

The Committee will report to the Minister for Aboriginal and Torres Strait Islander Affairs on its findings and will make recommendations on future policy options, paying particular attention to enhancing integration and co-ordination of strategies addressing the economic development needs of Aboriginal peoples and Torres

Strait Islanders.

The Australian Aboriginal Affairs Council meeting in October 1993 was to consider proposals that the evaluation of the AEDP form the basis for future National Commitment negotiations in improving sustainable employment out­ comes for Aboriginal and Torres Strait Islander people. The Evaluation Committee

was to report to the Minister by 31 December 1993. The report on Recommendation 339 also relates to this matter.

Contact Officers

Mr John Kelly (National Commitment) Strategic Development Unit Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3420 Facsimile (06) 285 3603

Ms Margherita Schiavinato (AEDP) Economic Division Co-ordination Unit Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3052 Facsimile (06) 285 3667

Recommendation Report! — 3 5 3

Recommendation 302

The Commonwealth responded:

The Commonwealth welcomes the general acceptance by State and Territory Governments of the importance of Aboriginal and Torres Strait Islander Commission (ATSIC) regional boundaries as the basis of joint planning and service delivery. In the Australian Aboriginal Affairs Commission report, Achieving Greater Co-ordination o f Aboriginal and Torres Strait Islander

Programs and Services (August 1991), all Governments agreed that the planning and delivery of services will take into account both the regional planning role of ATSIC’s 60 Regional Councils and the planning and advisory measures established at State, Territory and Local Government levels.

The Councils are seeking to develop their interim Regional Plans by Septem­ ber 1992 with completion of the first set of plans in 1993. It is accepted that the development process will involve participation by other spheres of Govern­ ment.

Commonwealth agencies, such as the Departments of Employment, Educa­ tion and Training (DEBT); Social Security; and Health, Housing and Com­ munity Services, are committed to greater involvement with regional councils in identifying their needs and planning the delivery of programs. DEBT has already structured its Aboriginal Employment and Education Development

Unit’s network in line with ATSIC boundaries.

1992-93 report

Commonwealth agencies, such as the Departments of Employment, Education and Training; Social Security; and Health, Housing, Local Government and Community Services, are committed to greater involvement with Regional Councils in identi­ fying their needs and planning the delivery of programs.

Reducing the total number of Regional Councils from 60 to 36 following the next round of Regional Council elections will make it easier for Commonwealth, State and Territory Governments to consider the importance o f Regional Councils and regional boundaries in the development of policy and the design and delivery of programs that will affect Aboriginal and Torres Strait Islander people.

354 — Recommendation Rpport,

As indicated in the report on Recommendation 192, Regional Councils have made remarkable progress in the formulation o f their Regional Plans for improving the economic, social and cultural status o f Aboriginal and Torres Strait Islander residents o f their region. During 1992-93, 52 of the 60 existing Regional Councils

completed formal planning documents ranging from planning frameworks to sophisticated and detailed strategic plans.

Efforts have also been made to maximise the potential of the Aboriginal Employ­ ment Development Policy (AEDP) Committees in 1992-93. The AEDP Task Force met with an Australian Aboriginal Affairs Council Working Group to encourage commitment towards a co-ordinated national focus and revitalise the AEDP at the

State, Territory and national levels.

In the 1993-94 Budget the Government also announced that a new field service is to be established by DEBT to assist clients in remote areas. While the field service will address the needs of all remote clients there will be a significant focus on

remote Aboriginal and Torres Strait Islander communities.

ATSIC will be closely consulted in the implementation phase of the field service and efforts will be directed towards a joint training venue for field staff at the operational and management level. ATSIC Regional Councils and remote Aborigi­ nal and Torres Strait Islander communities will be involved in the identification of

service delivery needs.

The Department of Social Security (DSS) already operates a number of field services which ensure that its service-delivery strategies take account of the views and needs of Aboriginal and Torres Strait Islander communities and organisations. It has also instituted formal procedures for ensuring that the decisions of Aboriginal

and Torres Strait Islander organisations are taken into account. All Area Managers have been requested to work closely with Aboriginal and Torres Strait Islander Regional Councils in planning service delivery, where possible, in the context of existing AEDP regional and State committees.

At present there are no initiatives being pursued to bring DSS and ATSIC regional boundaries into closer alignment. However, DSS has had preliminary discussions with ATSIC, the Department of the Prime Minister and Cabinet and other agencies

concerning the establishment of a joint inter agency field service which would work within the Regional Council framework. The feasibility of this approach is now being examined by the Office of Northern Development in Darwin.

Recommendation Report» —— 3 5 5

As far as practicable, the Department of Health, Housing, Local Government and Community Services aimed for consistency with the boundaries o f other govern­ ment agencies in developing its Regional Needs Analysis. However, it has not been possible to achieve complete consistency with Regional Council boundaries because of the difficulty with planning across State boundaries and the need to work within the parameters of Commonwealth, State and Territory Government agree­ ments.

Regional Council and community-based plans will provide a focus for co­ ordinated service delivery mechanisms across Commonwealth, State, Territory and local government agencies.

Contact Officer

Mr Russ Taylor Regional Support, Planning and Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8978 Facsimile (06) 281 4240

Recommendation 303

The Commonwealth responded:

The Commonwealth will seek detailed information from the Western Austral­ ian Department of Employment and Training on the provisions of that program and experience to date with its operation. That information will be disseminated to State and Territory Aboriginal Employment Development

Policy Co-ordination Committees, Commonwealth and State and Territory departments and other interested bodies. Opportunities will be sought to facilitate discussion on a wider application o f the approach.

Under the Training for Aboriginals Program, assistance is available to community members to acquire skills through employment and training opportunities, to improve the skill level of council members and staff, and to train and provide income support to prospective Aboriginal small business

operators.

The Commonwealth also provides funds which facilitate local or regional economic development conferences. The objective of these conferences is to enable communities to identify and consider arrangements for structuring economic activity.

1992-93 report

The Aboriginal Services Bureau o f the Western Australian Government’s Depart­ ment of Education Vocational Employment and Training has informed the Abo­ riginal and Torres Strait Islander Commission that the Aboriginal Economic and Employment Development Officer Program funded six officers throughout Western

Australia. The overall aim is to promote and assist the involvement of Aboriginal communities and organisations in developing locally-based enterprise, employ­ ment and training initiatives.

Recommendation Report» —— 3 5 7

During 1992-93, nine projects were in operation, based in Halls Creek, Wyndham, Fitzroy Crossing, Marble Bar, Onslow, Northam, Geraldton, Collie and Pinjarra. The following placement rates were achieved during the period

Exploration of the enterprise option Total client contracts

Businesses purchased Work experience

Full-time employment Part-time employment Training

76

310 315 13 100

80

4,000

Estimated 1992-93 costs: $90,000

In 1993-94, it is intended to expand the program by two projects per annum. Priority communities include Kalgoorlie, Narrogin, Great Southern Region, Kwinana and Eastern Gascoyne. The achievement of this objective is dependent on obtaining additional funds in the budget or attracting funds from other sources.

The information on the program will be disseminated by ATSIC before February 1994 to the agencies identified in the Commonwealth response.

Contact Officer

Mr Howard Patrick Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 2898915 Facsimile (06) 2853604

Recommendation 304

The Commonwealth responded:

The Commonwealth has already made significant progress in this area with the centrepiece of the Aboriginal Employment Development Policy being the Community Development Employment Projects (CDEP) scheme. This scheme is based upon the expressed wishes of Aboriginal and Torres Strait Islander

people for a real alternative to unemployment relief programs.

The Commonwealth acknowledges that in many areas where these programs exist there are few alternatives which would stimulate productive employ­ ment and economic activity on the scale that the CDEP scheme provides.

The CDEP scheme began in 1977 and has attracted enormous demand from Aboriginal and Torres Strait Islander communities. Following the release of the Aboriginal Economic Development Policy in 1987, it was revised and expanded to operate in towns as well as assisting communities in remote areas.

The Commonwealth notes the Royal Commission’s view that CDEP has been the source of dramatic and positive changes for many communities, with social and cultural benefits for participants. It also provides a means for Aboriginal and Torres Strait Islander control over their goals for economic and social

development.

The Commonwealth notes that since the tabling of the Royal Commission’s final Report, CDEP was further expanded in the 1991-92 Budget. This expansion will provide an additional 4,600 jobs for Aboriginal and Torres Strait Islander people over three years — 1,300 in 1991-92, and 1,650 in each

of the following two years. The scheme currently involves more than 19,000 people in 172 remote and non-remote locations.

The Commonwealth welcomes the full support o f the States and Territories for this Recommendation particularly in respect to priorities for particular training programs being based on those established by local Aboriginal groups through Regional and Community plans.

Planning at both the Regional and Community levels is central to building and securing an economic and employment base in Aboriginal and Torres Strait Islander communities and it is essential that the process of community and regional planning be firmly entrenched as an ongoing process of goal setting

and program development.

Recommendation Reports —— 3 5 9

The community-based elements of the T raining for Aboriginals Program also provide subsidies to a wide range of employers including Aboriginal and Torres Strait Islander community welfare and media organisations. The decision to transfer the community-based elements of the Program to the

Aboriginal and Torres Strait Islander Commission will enable ATSIC to better link training to the particular needs expressed by the local Aboriginal groups in their Regional and Community plans.

1992-93 report

The Commonwealth Government’s review of current policies on unemployment, conducted by the Committee on Employment Opportunities, will lead to a discussion paper in December 1993. ATSIC has made a submission noting the particular disadvantages of Aboriginal peoples and Torres Strait Islanders in participating in the labour market on an equitable basis. Further, there is an understanding that, as part of the consultation process on the discussion paper, there will be discussions with ATSIC, and that the work being done on the evaluation of the Aboriginal Employment Development Policy will be an important input to the Committee’s review and to the decisions to be taken by the Government.

The Community Development Employment Projects Scheme administered by ATSIC is widely utilised across Australia and is a crucial component of the economic, social and cultural life of many Aboriginal and Torres Strait Islander communities.

The CDEP Scheme is expanding, and with the additional funds provided in the Government’s response to the Royal Commission into Aboriginal Deaths in Custody, growth is even greater. The Government’s decision to expand the Scheme in 1992-93 and 1993-94 by 3,800 additional participant places (of which 1,500 places are funded in response to the Royal Commission) recognises the effective­ ness and importance o f the scheme in the Aboriginal Employment Development Policy strategy for Aboriginal and Torres Strait Islander development.

There are 217 communities involving more than 22,000 participants on the CDEP Scheme. Despite rapid growth, many more communities wish to enter the Scheme. The In-work 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 but $248,000 was expended. In-work co-ordinators were appointed in each of the mainland States.

360 --- Recommendation R nH *ftl

Eighteen trainees were appointed to 12 organisations in Victoria ($118,433); 30 were appointed in South Australia through five organisations ($118,147); and two trainees were appointed in Tennant Creek in the Northern Territory ($11,052).

Difficulties with the implementation of the scheme quickly emerged. The main problem is in arranging training, but there are also problems in developing suitable curriculum and providing teaching resources.

The Community Economic Initiatives Scheme is administered nationally by ATSIC with the primary funding round for 1992-93 conducted between April and June. More than half of the 82 expressions of interest proceeded to a formal application. A committee of five Commissioners appraised applications and

approved 26 projects. Ten projects were deferred to the next funding round to allow further development of their business plans. One project was approved by the Board in April. The following is expenditure on projects and consultancies:

Central Office 1 consultancy 5 000

NSW 1 project 298 934

Vic 1 consultancy 4 000

Tas 1 project 27 250

SA 2 projects, 2 consultancies 361 825

WA 12 projects, 1 consultancy 1,009 215

NT 1 project 62186

Qld 6 projects, 3 consultancies 1 237 580

TO TA L 23 projects, 8 consultancies, $ 3 005 990

There was a significant expansion during 1992-93 in the general labour market programs administered by the Department of Employment, Education and Train­ ing, particularly in the wage subsidy program JOB START and in the JOBSKILLS program which funds job brokers to secure employment at the local level. The

Landcare and Environment Action Program and the Accredited Training for Youth were announced in July 1992 as part of the National Employment and Training Plan for Young Australians. It is expected that as a result of these measures, the number of Aboriginal and Torres Strait Islander people participating in active labour

market programs should increase.

As recommended by Elliott Johnston QC in his review of the Training for Aboriginals Program, the community and enterprise components of TAP were transferred to ATSIC on 1 July 1992 in order to link training and enterprise development to ATSIC’s community program delivery arrangements. This should promote a strategic focus more attuned to regional and community plans.

Recommendation Report* — 361

Further, under the Jobs, Education and Training Program, pilots have been established to improve access to JET by Aboriginal and Torres Strait Islander people through the use o f enhanced outreach and innovative strategies. These pilots commenced in early 1993 and will run for a period of 12 months.

Aboriginal and Torres Strait Islander people are involved at the local level with programs such as LEAP and in the development of the JET program.

Expenditure on labour market programs was doubled in the last B udget to $ 1.187m. Approximately 16,808 Aboriginal and Torres Strait Islander people (3.5 per cent of total recipients) were assisted through labour market programs in 1992-93 at an estimated total cost o f $47.365m. This does not include assistance under the Training for Aboriginals Program or the Office of Labour Market Adjustment.

The following Program reports also relate to these matters:

• Community Development Employment Projects;

• Inwork Traineeship Scheme [formerly the Young People’s Employment Program]; and

• Community Economic Initiatives Scheme.

Contact Officers

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8942 Facsimile (06) 285 3604

Ms Trish Mercer Employment Programs Branch Department o f Employment, Education and Training Telephone (06) 203 3162 Facsimile (06) 203 3175

362 -----Recommendation

Recommendation 305

The Commonwealth responded:

The Commonwealth supports this Recommendation. On 10 December 1991 the Minister assisting the Prime Minister on Public Service Matters and the Minister for Aboriginal and Torres Strait Islander Affairs announced the Australian Public Service (APS) Aboriginal Recruitment and Career Devel­ opment Strategy. Under this strategy, the Commonwealth Government re­

affirmed the application of the Aboriginal Employment Development Policy to the APS with a range of new or enhanced recruitment and career develop­ ment programs. The intention o f the strategy is to achieve equity in employ­ ment of Aboriginal and Torres Strait Islander staff across all departments and at all levels. Identified positions will still be used to ensure the most effective,

efficient and sensitive servicing of Aboriginal and Torres Strait Islander clients.

The strategy is to be implemented in all Commonwealth departments from 1 July 1992 and a report on progress is required by Cabinet a year later.

The strategy has a target for Aboriginal and Torres Strait Islander employ­ ment of between 1 and 2 per c en t The available data suggest that the Aboriginal Services Recruitment Program has been a relatively successful mechanism for gaining access for Aboriginal and Torres Strait Islander

people to positions within the APS to a level commensurate with their representation within the population. As at December 1991, the Department of Finance Continuous Record of Personnel of all permanent staff in the APS shows the proportion of Aboriginal and Torres Strait Islander staff at

1.3 per cent. However, other surveys and census data on staff have indicated that, at least in the major agencies, this figure significantly understates the level of Aboriginal and Torres Strait Islander employment. For example, as at 30 June 1991,1.9 per cent of permanent staff who provided equal employ­ ment opportunity data identified as being o f Aboriginal or Torres Strait Islander descent. This compares favourably with their representation in the

population of 1.5 per cent (1986 Census). The employment of Aboriginal and Torres Strait Islander staff is concentrated in four agencies, with these agencies having a high proportion of regional staff. The implementation of the

strategy is likely to increase employment of Aboriginal and Torres Strait Islander people across the APS and it is expected that representation will exceed 2 per cent.

itlon Report»---- 363

In October 1991, the Minister for Aboriginal and Torres Strait Islander Affairs wrote to other Commonwealth Ministers responsible for major agen­ cies not covered by the Public Service Act 1922 asking them to agree to the adoption of similar strategic approaches in those agencies. Early indications have been positive. These approaches will build on existing national Aborigi­ nal and Torres Strait Islander employment strategies with the Australian Broadcasting Corporation, Telecom and Australia Post. Discussions on devel­ oping national strategies have been undertaken with some selected agencies, including the Commonwealth Scientific and Industrial Research Organisa­ tion, the Health Insurance Commission and Qantas.

It is noted that all State and Territory Governments supported this Recom­ mendation. These entail a substantial commitment of Commonwealth funds through the Training for Aboriginals Program. The strategies cover a range of occupations, mainly in public service employment and in areas outside of service delivery to Aboriginal and Torres Strait Islander people. Where strategies become due for renewal, the opportunity is taken to extend coverage to statutory authorities, as in the recently renegotiated Victorian Aboriginal

Employment Strategy.

The Commonwealth recognises that local government provides important employment opportunities. The Commonwealth will therefore work along­ side local government associations and State and Territory Governments to promote actively Aboriginal and Torres Strait Islander employment in the local government sector.

Aboriginal Employment Strategies in local government are already in place in New South Wales and South Australia and supported by substantial Commonwealth funding. A consultant is developing a strategy in Victoria. In the remaining States and the Northern Territory discussions are proceeding to appoint consultants to undertake strategy developments.

The Commonwealth recognises the need to encourage participation and will examine methods to collate data on existing strategies with a view to dissemi­ nating information to Aboriginal and Torres Strait Islander communities and job seekers to increase awareness of employment opportunities in the public

sector.

3 6 4 — Recommendation

1992-93 report

The Royal Commission emphasised the importance o f continued recruitment at all levels in the public sector for Aboriginal and Torres Strait Islander people, including statutory authorities and Government-owned businesses. In relation to the Australian Public Service, an Aboriginal and Torres Strait Islander Recruit­ ment and Career Development Strategy began in all departments on 1 July 1992. Under this Strategy, the Commonwealth re-affirmed the application o f the Abo­ riginal Employment Development Policy in the Public Service.

In May 1993, the Commonwealth Minister Assisting the Prime Minister for Public Service Matters launched Equal Employment Opportunity: A Strategic Planfor the Australian Public Service for the 1990s. This Strategic Plan re-affirms the commitment to EEO, recognises the continuing role and importance o f the

Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy, and introduces new approaches to judging the performance of the Australian Public Service in employment o f Aboriginal and Torres Strait Islander people.

The intention of the Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy is to achieve equity in employment for Aboriginal and Torres Strait Islander staff across all Departments and at all levels. Identified positions are used to ensure the most effective and sensitive servicing o f Aboriginal

and Torres Strait Islander clients.

A report on progress after the first year of operation is being prepared, as required by Cabinet.

Major Commonwealth agencies staffed under the Australian Public Service Act 1992 are also participating in the Strategy. These include the Public Service Commission, ATSIC, the Australian Institute o f Aboriginal and Torres Strait Islander Studies, Aboriginal Hostels Limited, the Australian Bureau o f Statistics, and the Australian Taxation Office. Discussions are also being held with a range of other targeted agencies with a view to developing employment strategies in these organisations.

The Department of Education, Employment and Training is piloting two skills development programs which, on successful completion, will be made available to all agencies. These are the Aboriginal Skills Program (for ASO 1-4) and the National Aboriginal Middle Management Program (for ASO 5 to SOG Q . There

are 18 places on each program and a number of agencies are participating.

Becommaxtatlon Itenoit» — 365

DEBT has commissioned the production o f a comprehensive Aboriginal and Torres Strait Islander Cross-Cultural Training Package which is available to other agencies.

The Government recognises that Aboriginal women and Torres Strait Islander women are amongst the most disadvantaged o f all Australian women. The APS Aboriginal and Torres Strait Islander Recruitment and Career Development Strategy aims to create special measures to ensure that Aboriginal women and Torres Strait Islander women have the opportunity to participate equally across all

levels o f employment throughout the Australian Public Service. Data provided by the Department of Finance from the Continuous Record of Personnel (December 1992) indicate that there are 1,031 Aboriginal and Torres Strait Islander females employed in the Australian Public Service nationally with 781 Aboriginal and Torres Strait Islander male employees.

Existing national Aboriginal and Torres Strait Islander employment strategies operate with the Australian Broadcasting Corporation, Telecom, Australia Post, the CSIRO, the Health Insurance Commission and Qantas Airways Ltd. Discus­ sions on developing national strategies with other organisations are being under­

taken.

The Commonwealth recognises that local government provides important employ­ ment opportunities for Aboriginal peoples and Torres Strait Islanders. The Com­ monwealth will continue to work closely with local government associations and with State and Territory governments to actively promote Aboriginal and Torres Strait Islander employment in local government.

Aboriginal and Torres Strait Islander Employment Strategies in Local Government are in place in New South Wales and with the Melbourne City Council and the City of Shepparton Council in Victoria. They are supported by substantial Common­ wealth funding.

It is anticipated that a draft Strategy developed in Queensland will be launched in the next few months. A consultant is developing regional strategies in Western Australia, and a consultant in Tasmania has provided a report suggesting an appropriate way forward to improve Aboriginal and Torres Strait Islander employ­ ment in that State.

A successful Strategy has already concluded in South Australia and further action will be considered pending the outcome of an ATSIC report on the needs in South Australia.

366 — KtcwninmibHi»i Report»

In conjunction with the Office o f Local Government and ATSIC, the Department has provided funding to the Australian Local Government Association for a National Aboriginal and Torres Strait Islander Policy Officer. One o f the key roles of this position is to promote Aboriginal and Torres Strait Islander employment in

local government.

The Department has also co-operated with the Office of Local Government to jointly fund Policy Officer positions in the Municipal Association of Victoria and the Local Government Association of the Northern Territory. These positions will also promote Aboriginal and Torres Strait Islander em ploym ent

Aboriginal and Torres Strait Islander people are involved in steering committees and consultancies to implement and monitor strategies. Aboriginal and Torres Strait Islander staff have also been consulted, particularly with the development and implementation of cross-cultural awareness training within agencies.

C ontact O fficer

Mr Paul Paget Aboriginal Employment Branch Department of Employment, Education and Training Telephone (06) 240 8631 Facsimile (06) 240 8970

Recommendation Report» —— 367

Recommendation 306

The Commonwealth responded:

Aboriginal and Torres Strait Islander employment in the Australian Public Service (APS) has already reached a level which reflects the representation of Aboriginal and Torres Strait Islander people in the population. Employment is expected to continue to grow through the implementation of the APS Recruitment and Career Development Strategy and as other public sector strategies are implemented at the Commonwealth, State and Territory and Local Government levels.

The Commonwealth will continue to pursue vigorously with employer and industry groups and individual companies the development of strategies to increase the number and status of Aboriginal and Torres Strait Islander people employed in the private sector. A particular objective will be the development o f private sector employment opportunities in areas where Aboriginal and Torres Strait Islander people live.

1992-93 report

The Royal Commission recommended that until private sector employment for Aboriginal and Torres Strait Islander people reached an acceptable level, targets for their recruitment in the public sector be set at a higher target figure than their proportionate representation in the population.

The Aboriginal Employment Development Policy requires that all Commonwealth Departments and authorities develop recruitment strategies to ensure that the Government target o f a minimum of one to two per cent Aboriginal employment in the Commonwealth workforce is met. Aboriginal and Torres Strait Islander people comprised 1.57 per cent of the general population in the last Census.

A large number of Government departments have developed strategies which seek to implement this Recommendation. For instance, the Department of Employment, Education and Training has developed and implemented the Aboriginal and Torres Strait Islander Recruitment and Career Development Plan. The plan has been adopted. In terms o f recruitment activity, the current situation is over target, with

626 staff out o f 11,206 being Aboriginal and Torres Strait Islander people.

368 — Recommw«fa*i~i Rftrffftl

Another example is the Department of Industrial Relations, which has developed the Aboriginal and Torres Strait Islander Peoples Recruitment and Career Devel­ opment Strategy 1993-95 which aims to increase the representation o f Aboriginal and Torres Strait Islander people from its present level o f 0.6 per cent to one to two

per cent by 1995.

There was very wide consultation in the development of recruitment plans by Departments with Aboriginal and Torres Strait Islander people.

The Report on Recommendation 305 also relates to this matter.

The report on Recommendation 308 deals with the second part of the Common­ wealth's response for Recommendation 306, relating to private-sector employment of Aboriginal and Torres Strait Islander people.

Contact Officer

Mr Con Boekel Aboriginal Employment Strategies Branch Department of Employment, Education and Training Telephone (06) 240 8979 Facsimile (06) 240 8970

Recommendation Report» — 3 6 9

Recommendation 307

The Commonwealth responded:

The Commonwealth supports this Recommendation for purchases where they affect Aboriginal and Torres Strait Islander communities. The Common­ wealth notes that in making purchases of goods and services in areas where there are Aboriginal and Torres Strait Islander communities, value for money considerations in purchasing will include maximising opportunities for local Aboriginal and Torres Strait Islander em ploym ent That employment will, at the same time, contribute to the long-term economic development of local communities.

The Commonwealth recognises the importance of Aboriginal and Torres Strait Islander participation in contracts with Government in areas where there are Aboriginal and Torres Strait Islander communities and will mount an education campaign aimed at educating suppliers and buyers as to the advantages of contracting with employers of local Aboriginal and Torres Strait Islander people.

For the long-term economic development of Aboriginal and Torres Strait Islander communities, best value for money in contracting will be achieved in maximising the employment and training of Aboriginal and Torres Strait Islander labour. The Commonwealth, through the Aboriginal and Torres Strait Islander Commission, and the Department of Employment, Education and Training (DEBT), supports training to help Aboriginals and Torres Strait Islanders to acquire skills that are relevant to employment opportunities. Strengthening the contracting provisions to create employment opportunities will make it possible for both ATSIC and DEBT to plan for relevant training in the medium to long term.

From July 1993 contractors wishing to tender for ATSIC-funded proposals for community infrastructure development will be required to show that they:

• are owned or partly owned by Aboriginal and Torres Strait Islander people; ·

• employ Aboriginal or Torres Strait Islander workers, apprentices or trainees; or

370 — Recommendation Report»

• provide evidence that they have actively sought to recruit Aboriginal and Torres Strait Islander workers.

Tenderers will be required to detail the level and extent o f proposed Aborigi­ nal and Torres Strait Islander involvem ent Successful tenderers will have these details incorporated as part of their contract and will be obliged to meet these conditions.

At the community and regional levels, enhanced planning processes combined with the advocacy role of Regional Councils will provide the necessary mechanisms to enable potential contractors to plan effectively, and to maxim­ ise the participation of a local skilled Aboriginal and Torres Strait Islander workforce.

1992-93 report

Department o f the Arts and Administrative Services A new Commonwealth contracting policy to maximise employment opportunities for Aboriginals and Torres Strait Islanders was introduced on 29 March 1993. Commonwealth buyers are now required to :

• include a clause in written requests for offers for contracts likely to provide employment opportunities asking bidders to indicate how they will provide opportunities to Aboriginals or Torres Strait Islanders;

• consider bidders’ response to the request for offer clause as a criterion when evaluating bids; and

• when contracting with a supplier offering employment opportunities for Aboriginals and Torres Strait Islanders, include a clause in the contract specifying that the contractor will provide employment opportunities to Aboriginals and Torres Strait Islanders in accordance with the terms of their

offer.

The policy was promoted in 1992-93 through the issue o f Commonwealth Procure­ ment Circular 93/1 and dissemination of brochures targeted at Commonwealth buyers, suppliers and Aboriginal and Torres Strait Islander communities. Further marketing and promotion will be undertaken in 1993-94.

The Department of Employment, Education and Training assisted with develop­ ment of the policy and provided Aboriginal and Torres Strait Islander representa-

Recom m ffifjtflp " R eport· — 371

tion. Implementation o f the policy has been achieved through the co-operation of DEET, ATSIC, the Department of the Arts and Administrative Services, and the Departments of the Prime Minister and Cabinet and Defence, and draws on the advisory services and existing resources available through CES Job Centres and ATSIC Regional Offices. DAS allocated $30,000 to development and promotion of this policy in 1992-93.

Aboriginal and Torres Strait Islander Commission The Royal Commission recognised the need for Commonwealth, State and Territory governments to adopt a fair employment practice in relation to govern­ ment tenders. In the consultative process on the ATSIC Community Housing and Infrastructure Policy, Regional Councils discussed the most appropriate way of encouraging Aboriginal and Torres Strait Islander employment in the letting of contracts. It was agreed that maximum flexibility at the local level should apply. Thecreation of employment opportunities for Aboriginal andTorres Strait Islander people is also a factor which ATSIC and Aboriginal and Torres Strait Islander organisations consider when assessing tender proposals.

ATSIC has a policy on community planning which encourages Aboriginal and Torres Strait Islander communities to adopt a strategic planning approach to their social, economic, physical and cultural development. Regional Councils have statutory planning and advocacy functions for improving the economic and social status of Aboriginal and Torres Strait Islander residents of each region, and a function to make proposals for Commission expenditure in relation to each region. During 1992-93, 52 of the 60 existing Regional Councils completed formal planning documents.

Commonwealth, State, Territory and Local Government agencies letting contracts in Aboriginal and Torres Strait Islander communities should take account of regional and community planning processes in an effort to maximise the participa­ tion of local skilled Aboriginal and Torres Strait Islander people.

The Report on Recommendation 326 also relates to this matter.

Contact Officer

Ms Margot Curtis Purchasing Australia Department o f the Arts and Administrative Services Telephone (06) 275 3039 Facsimile (06) 275 3583

372 — Recommendation gfnnrt.

Recommendation 308

The Commonwealth responded:

Under the broad framework set by the Aboriginal Employment Development Policy Task Force, the Commonwealth will be pursuing national Aboriginal and Torres Strait Islander employment strategies within key industries. Discussions will be undertaken between the Commonwealth and the private sector at senior levels on increasing employment, particularly in apprentice­ ships, in the private sector.

Opportunities will be sought to appoint consultants to provide advice to the Commonwealth on a range o f matters relating to particular industries. These will include current Aboriginal and Torres Strait Islander employment activity, issues relating to Aboriginal and Torres Strait Islander employment

programs developed by individual companies, identification o f training re­ quirements and core competencies, and the development of innovative models to achieve an increase in the employment of Aboriginal and Torres Strait Islander people in the private sector.

Preliminary discussions have taken place with some employer bodies to pursue opportunities in the mining, tourism and pastoral industries. The Commonwealth will seek to provide funds to support any employment strategies developed as a result of these negotiations.

1992-93 report

The Royal Commission recommended that consideration be given to establishing a body with representation from Government and Australian employer and employee peak bodies to discuss a process o f implementing the Aboriginal Employment Development (AEDP) in the private sector.

The AEDP Task Force, convened by ATSIC, has adopted the practice o f inviting key private sector representatives to attend AEDP Task Force meetings when relevant items are on the agenda. The AEDP Task Force is convened by ATSIC, is chaired by an ATSIC Commissioner and has community representation. In

addition, the Council of Aboriginal Reconciliation has implemented a series of committees focusing on particular industries (including rural and mining) and an industry committee which examines general private sector matters. These provide for representation from key industry and government representatives and provide

t e o m n f iv fa i" " Report» — 373

a forum for discussion of strategic initiatives in Aboriginal and Torres Strait Islander affairs including employment. DEBT is represented on the rural and industry committees.

In responding to the Royal Commission, Industry Advisory Committees have been established to develop industry strategies to increase the employment o f Aborigi­ nal and Torres Strait Islander people in the tourism, rural and arts industries. Each committee includes industry, Commonwealth and State Governments, and rel­ evant Aboriginal and Torres Strait Islander business representatives. DEBT is represented on each committee and is actively facilitating projects under these Strategies.

In addition, DEBT has pursued the establishment of links with the Australian Chamber of Commerce and Industry (ACCI), other peak employer bodies, and the Australian Council of Trade Unions (ACTU) with a view to promoting and implementing Aboriginal and Torres Strait Islander employment initiatives.

In 1992-93, Employment Strategies have been developed with individual organi­ sations and specific industry bodies. Most employment strategy co-ordinators responsible for the implementation of strategies or consultants employed to develop strategies are Aboriginal or Torres Strait Islander people. In addition Aboriginal Employment Development Officers have been located with employer and employee bodies.

Greatest success to date has been with employment and career development strategies which involve the training and placement of Aboriginal and Torres Strait Islander job seekers in a specific industry. For example, the Law Society of Western Australia’s Employment Strategy aims to establish a range of recruitment, training and career development programs that will increase access by Aboriginal and Torres Strait Islander people to permanent employment in the legal sector. From 1 July 1993 to 30 June 1996 it is envisaged recruitment will occur to the following positions: one co-ordinator, 16 undergraduate articled clerks; 16 articled clerks; 11 law clerks; three conveyancing clerks; 17 legal secretaries; lOreceptionists;

10 outside clerks; and 14 typist/word processing operators. To date, the co­ ordinator and a lawyer have been recruited; and clerical work experience for nine people is in progress.

In April/May 1993, a further 40 companies were approached with a view to developing Aboriginal and Torres Strait Islander Employment Strategies. Of these, 14 indicated an interest in being involved in Aboriginal and Torres Strait Islander employment initiatives.

374 — Recommendation Bm orti

It is planned to continue the promotion and development o f employment strategies through peak organisations and with private sector employers and to follow up work with companies which have expressed an interest in developing Aboriginal and Torres Strait Islander employment initiatives.

The long-term aims are to promote a co-ordinated approach by the ACCI and the ACTU to promote the development o f employment strategies with member organisations and securing employment opportunities in major project develop­ ments.

In relation to the ATSIC Industry Advisory Committees for Tourism, Rural and the Arts, following extensive consultation, it is planned that draft strategies will be developed by June 1994.

The Report on Recommendation 300 also relates to this matter.

Contact Officer

Mr Steve Balzary Aboriginal Employment Strategies Branch Department of Employment, Education and Training Telephone (06) 240 8980 Facsimile (06) 240 8970

Becommemfa*!"" Î’«·Ï«Î— « — — 375

Recommendation 309

The Commonwealth responded:

The Commonwealth recognises that Aboriginal and Torres Strait Islander employment participation rates in the total labour market will only improve when there is widespread awareness of the levels of Aboriginal and Torres Strait Islander disadvantage and a commitment to co-operate to address that disadvantage, especially through action focused at the local community level. These principles are central to the process of Aboriginal and Torres Strait

Islander reconciliation.

The Commonwealth is in the process of establishing Local Aboriginal Em­ ployment Committees, with the composition recommended by the Royal Commission. They will develop strategies to promote the employment of Aboriginal and Torres Strait Islander people in the local labour market and

to provide practical assistance in implementing those strategies (for example, by job brokerage, information sharing, ongoing mentor support, and speak­ ing engagements at service clubs) at the local level. They will involve a broad cross-section of key participants in the local labour market.

To ensure that action on the local scale is supported and enhanced by action at the national and State and Territory level, the Department of Employment, Education and Training is supporting the establishment of Aboriginal and Torres Strait Islander Liaison Officers in employer and union bodies (through the Confederation of Australian Industry, and State and T erritory trades and labour councils). These bodies will facilitate employer and union participa­ tion in the local committees and be responsible for the dissemination of best

practice across employer and union networks.

The Council for Aboriginal Reconciliation will also have a role in sponsoring initiatives to broaden the understanding of the needs and aspirations of Aboriginal and Torres Strait Islander people in particular sectors. The council will consider, as one possible means of carrying out its activities at the local level, the development of strategies for working with the local Aboriginal employment committees in promoting reconciliation with a local community action focus.

3 7 6 — Recommendation Rennrt.

1992-93 rep o rt

The Royal Commission recommended the establishment of Local Aboriginal Employment Promotion Committees (LAEPCs) comprising representatives of Aboriginal and Torres Strait Islander groups, local employers, Government depart­ ments and unions. Priority for the location of such committees was to be given to

areas where labour market opportunities exist and where great disparity existed between indigenous and other employment rates.

In response to this Recommendation, the implementation of LAEPCs began in April 1992 with the appointment o f a consultant who was guided by a Departmental Steering Committee. The aim of the Project was to develop 14 committees nationally and to assist each committee to have one event by June 1992. DEBT has

now facilitated the establishment o f 20 Local Aboriginal Employment Promotion Committees in various locations around Australia.

The aims of the committees are to:

• develop and implement strategies to help Aboriginal and Torres Strait Islander people gain employment;

« raise the awareness of Aboriginal and Torres Strait Islander people about local employment opportunities;

• broaden local understanding of the needs and aspirations of Aboriginal and Torres Strait Islander people at the local level; and

• lobby for change at the local level to achieve the above purposes.

The establishment of the Committees will provide a forum to advance the process of reconciliation between Aboriginal peoples and Torres Strait Islanders and other Australians. The committees should be action-oriented, non-bureaucratic initia­ tives that are responsive and flexible to the local community.

An information package has been prepared to assist with the work of Committees and enable them to achieve their goals. Limited funds are available to committees for promotional activities. A number of committees have developed promotional campaigns to broaden local understanding of the needs and aspirations of indig­ enous people including:

• the decoration of a donated bus to promote the work of the committee;

Recommendation Reporti — 3 7 7

• preparation o f a local poster to promote Aboriginal and Torres Strait Islander role models to the local community;

• involvement in the Young Australia Achievement Award with a particular award for local Aboriginal or Torres Strait Islander youth to develop a business;

• a promotional video about the work of the committee at a local level;

• organisation o f a State-based conference in Queensland to enhance the work of committees and share best practice;

• involvement in the preparation of a submission to DEBT for a local industry- based Employment Strategy in the cotton industry;

• surveys of employment opportunities in particular regions;

• involvement in the setting up of pre-employment courses to assist Aboriginal and Torres Strait Islanders with local employment opportunities;

• conduct o f cross-cultural awareness training for committee members; and

• the production o f an advertisement for local television promoting Aboriginal and Torres Strait Islander job-seekers as suitable candidates for vacancies.

$250,000 was allocated for this project for the 1992-93 financial year. The project will be reviewed in 1993-94 to examine the possible expansion of the initiative.

Membership of the committees reflects the nature of the local community and the need to involve those people most likely to help the committees achieve their objectives. Representatives may come from ATSIC Regional Councils, indig­ enous community organisations, training providers, employer and employee organisations, Federal and State and Territory Members of Parliament, individual employers, government departments and the media. Committees should have a

balance of Aboriginal, Torres Strait Islander and non-indigenous men and women.

Contact Officer

Mr Steve Balzary Aboriginal Employment Strategies Branch, DEBT Telephone (06) 276 8980 Facsimile (06) 276 8970

378 — Recommendation gep n ^,

Recommendation 310

The Commonwealth responded:

The Commonwealth, in close consultation with State and Territory Govern­ ments, will develop and support a national strategy to improve the opportu­ nities for education and training o f those Aboriginals and Torres Strait Islanders in custody. State and Territory Governments have legislative

responsibility for custodial matters and are responsible for the delivery of vocational education and training to people in custody.

The National Board of Employment, Education and Training (NBEET) has recently commissioned a research project on the provision of education and training for prisoners and ex-prisoners generally. It is expected that this will provide some data on Aboriginal prisoners. NBEET will consider a further

project to develop approaches to Aboriginal and Torres Strait Islander prisoner/ex-prisoner employment, education and training following this ini­ tial project.

General labour market programs are available to ex-offenders, with some training specifically targeted to Aboriginal and Torres Strait Islanders.

1992-93 report

The Royal Commission recognised the need for the Commonwealth and, in particular the Department of Employment, Education and Training to analyse its current programs with a view to ensuring that they fully address the employment, education and training needs of potential and existing offenders.

In 1992, the following changes were made to the Employment Access Program (EAP) Guidelines 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 o f 26 weeks on remand’;

• ex-offenders are to have immediate access to JOBSTART (but not other elements of the EAP) without the requirement for a one-month registration period. Access to other elements of the EAP for this group remains the same as for other especially disadvantaged groups.

Recommendation Report» — — 3 7 9

The first change identifies ex-offenders as especially disadvantaged (for EAP purposes) for the first six months following release. This provides them with access to basic EAP measures after one month’s registration. The second, however, provides them with immediate access to JOBSTART. Limiting the immediate assistance to JOBSTART recognises that State Governments have primary respon­ sibility 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.

The access to JOBSTART may be provided either through work release programs administered during the offender’s term of imprisonment or following release, including while on parole. State offices ofDEET will need to negotiate arrangements with State Corrective Service Departments, whereby they provide pre-release training and DEBT backs it up with subsidised placement under JOBSTART.

In addition 3.4 per cent of job placements made by the Commonwealth Employ­ ment Service went to Aboriginal and Torres Strait Islander people while 8.6 per cent of ex-offenders placed in jobs by the CES identified as Aboriginal and Torres Strait Islander people. These figures would be an under-estimation as the coding of placements is often limited to primary eligibility category only. There is also some degree of understating the data due to the fact that not all placements could be extracted prior to March 1993.

In 1992-93 approximately 16,808 Aboriginal and Torres Strait Islander people (3.5 per cent of total recipients) were assisted through labour market programs at an estimated total cost of $47.365m. Twenty-eight Aboriginal and Torres Strait Islander ex-offenders were assisted through JOBSTART, accounting for 2.4 per cent of all ex-offenders assisted. The estimated cost of assistance is $78,120.

ATSIC has made available $12m per year over five years for the development of an Alcohol and Other Substance Abuse Prevention Program targeting young people, women and ex-offenders. From these funds a number of projects involving employment, training and other preventative activities have been instituted. DEBT is collaborating in the development of these projects.

Extension of the Aboriginal Adult Education in Prisons Program by ATSIC was originally funded, as part of a package of measures in December 1991, by decision of the Minister for Aboriginal and Torres Strait Islander Affairs, but was imple­ mented in 1992-93. Funds totalling $155,000 were provided to the Tasmanian Government for the program.

380 — Recommendation Report,

There has been substantial expansion in 1992-93 of the number of positions available in the Community Development Employment Projects funded by AT- SIC. A total of 750 additional positions were provided in 31 separate community employment projects around Australia. Support was also provided to community-

based income generation projects under the Community Economic Initiatives Scheme.

Further information on the extension o f the Aboriginal Education in Prisons Program, Community Development Employment Projects, the Community Eco­ nomic Initiatives Scheme, the Alcohol and Other Substance Abuse Prevention Program and the Aboriginal and Torres Strait Islander Land Acquisition Program

is available in the Program Reports.

Contact Officer

Ms Trish Mercer Employment Programs Branch Department of Employment, Education and Training Telephone (06) 203 3162 Facsimile (06) 203 3175

Recommendation Report» ------ 381

Recommendation 311

The Commonwealth responded:

The Commonwealth supports this Recommendation and, through the Abo­ riginal and Torres Strait Islander Commission (ATSIC) is examining the administration of its program in light of the objectives of the Aboriginal Employment Development Policy (AEDP).

It is proposed that two separate programs be established. The first aims to achieve the objectives of s. 17 of the Aboriginal and Torres Strait Islander Commission Act 1989, which relates to a commercial program along the lines of the existing Business Funding Scheme. The second program would contrib­ ute directly to the growth of viable, self-determining communities by enabling the establishment of income-generating projects and businesses which, while not commercially viable without assistance, are sustainable in the long term.

This program will have important links with the Community Development Employment Project scheme, as it would provide a step towards viable businesses.

These measures will draw a clear distinction between the commercial viability requirements of the ATSIC Act and those proposals of a socio-economic nature.

1992-93 report

ATSIC has reviewed its Enterprise Program in response to this Recommendation and in line with the objectives of the AEDP.

During 1992-93 it developed the Community Economic Initiatives Scheme. It provides funds to community organisations under Section 18 o f the ATSIC Act to enable them to establish or develop income-generating activities which are consistent with their social and cultural aspirations. The first grants were made in June 1993.

During the development and implementation of this scheme, a clear distinction was drawn between projects supported according to potential for commercial success (Section 17 of the ATSIC Act) and those supported according to economic, social and cultural criteria (Section 18 of the ATSIC Act).

382 ------ Recommendation Β ηρη ^

Contact Officer

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3178 Facsimile (06) 285 3604

Recommendation Report» — 3 8 3

Recommendation 312

The Commonwealth responded:

The Commonwealth supports the Recommendation. However, it does not consider an amendment to the Aboriginal and Torres Strait Islander Commis­ sion Act 1989 necessary at this stage. As stated in the response to Recommen­ dation 311, a new program will be established to meet the thrust of this

Recommendation and facilitate the funding of socio-economic ventures through s. 18 of the ATSIC Act.

1992-93 report

See report on Recommendation 311, page 382.

Contact Officer

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3178 Facsimile (06) 285 3604

384 — Recommendation Repnrft

Recommendation 313

The Commonwealth responded:

The Commonwealth has, through the Aboriginal and Torres Strait Islander Commission (ATSIC), extensively reviewed the Business Funding Scheme and is now implementing a process of reform.

The Business Funding Scheme already caters for the diversity of aspirations and needs of different Aboriginal and Torres Strait Islander communities. The Business Funding Scheme allows Aboriginals and Torres Strait Islanders to put forward proposals ranging from small one-person operations through

to large and complex commercial businesses. It is also proposed that further work be undertaken to explore joint venture arrangements with other finan­ cial institutions.

Delays between application and receipt of monies are also being investigated in the reform strategies. However, it should be noted that the stringent accountability criteria require an extensive examination of the commercial viability of proposals, which often leads to delays. Options are being explored

to streamline the assessment process.

1992-93 report

The Business Funding Scheme (BFS) promotes the economic independence of Aboriginal and Torres Strait Islander people by facilitating their acquisition, ownership and development of commercially successful enterprises. It does this by providing:

• concessional finance in the form of loans and guarantees to Aboriginal and Torres Strait Islander individuals and corporations, and in exceptional circumstances grants to corporations, to acquire and/or develop commer­ cially successful business enterprises; and

• access to professional advice and expertise at no cost to the client for the establishment and/or management and operation of businesses which may be funded under the scheme.

Proposals are assessed on their commercial prospects. Assistance is not available for investment and speculative ventures.

Recommendation Report, — — 385

&. Reform o f Program The BPS began in the mid-1970s. It had a variety of administrative arrangements until it was inherited by ATSIC in 1990. A review led to the development of a comprehensive reform strategy and the launch on 1 July 1993 of the revised BPS.

The restructure of the scheme acknowledged the non-commercial nature of community enterprises which address social, economic and cultural needs. With this in mind a Community Economic Initiatives Scheme (CEIS) was recommended in the Government’s response to the Royal Commission into Aboriginal Deaths in Custody (Recommendations 311, 312). By separating the objectives of commer­ cial and non-commercial enterprise proposals and creating discrete programs, the Program could more effectively meet client needs and improve performance. The Enterprise Program was therefore restructured into three separate programs:

• the Business Funding Scheme — the commercially-oriented arm of the program;

• the Community Economic Initiatives Scheme — the socially-based component; and

• Enterprise Employment Assistance — a wage subsidy program transferred to ATSIC from DEBT in July 1992.

Policy guidelines and administrative procedures for the BPS were revised in 1992-93 to better meet client needs and improve the overall effectiveness of the scheme. The new administrative arrangements tap into professional expertise and business advisory structures. The new policy guidelines emphasise the commercial aspects of the program and the loans nature of the Scheme.

Main policy changes • emphasis on low interest loans to encourage enterprises at the lower end of the scale;

only corporations may apply for grants and in the exceptional circumstances when these are approved, they will be limited to 20 per cent of the total application — the balance will be loan funding;

• reinforced equity and security requirements; and

• maximum level of funding for each project is $500,000.

386 — Recofnmwuktinn Rgggfll

Main administrative changes • business agents selected in each State and the Northern Territory to assist BPS applicants with their business plans and funding applications;

• applications undergo an independent appraisal based on the enterprise’s likelihood of commercial success;

• a mentor will provide business advice and support for the term o f the loan. This service is provided at no cost to the borrower; and

• Regional Managers no longer have delegation to approve loans. Delegation now lies with the State Managers.

hx Joint venture arrangements The possibility of developing joint venture arrangements with financial institutions was explored during 1992-93. In particular, discussions with leading banks explored the possibility of ATSIC subsidising business loan interest rates for

Aboriginal and Torres Strait Islander clients. The banks had some reservations about the suggested arrangements and were reluctant to enter into formal negotia­ tions. In any case, the ATSIC Act prohibited ATSIC from subsidising the interest rates of individuals, because that would represent a grant to an individual.

Ox Investigate delays and streamline the process It is anticipated that the new administrative arrangements will minimise delays between loan approval and the receipt o f funding. The use o f business agents should provide more direct and expert advice to clients. The client will be more directly

involved in business planning and so will be immediately aware o f any require­ ments and/or difficulties. An independent appraisal o f the commercial viability of each application will be obtained, and the written assessment will be done by the State Manager, who has the delegation to approve/decline funding. BPS funds

have been allocated among the States and Territory, so Central Office is no longer required to approve funds availability.

During the year, 26 new loans and 23 grants were approved with $ 12.479m expended on the BPS. The range o f Aboriginal and Torres Strait Islander enterprises supported by the BPS includes successful farming and fishing enter­ prises, retail stores, transport businesses, tourism ventures and professional serv­ ices. At the end of June 1993 there were 433 active loans in the BPS portfolio.

Recommendation R eport! ------ 3 8 7

An Arrears Task Force was established in February 1993 with the specific task of reducing the level and number of loans in arrears. The value of arrears was reduced by 47 per cent. The Task Force also developed strategies to effectively monitor account performance. The Task Force will remain in operation until 31 December

1993 when the need for it will be reviewed.

No specific funding to BFS was allocated as a result of the Royal Commission. ATSIC has allocated $ 17.5m for the scheme's 1993-94 activities.

Contact Officer

Ms Michelle Capitaine Business Development Section Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3417 Facsimile (06) 285 4308

388 — Recommendation

Recommendation 314

The C om m on w ealth responded:

The support from the Commonwealth, States and Territories for this Recom­ mendation indicates that there is general agreement on a need for action. The Commonwealth believes that implementation should occur as an agreed policy at all levels of Government to ensure a decrease in the current levels of

dispute and confrontation when policy development proposals conflict with traditional Aboriginal and Torres Strait Islander links with areas of land.

The Commonwealth proposes the development o f a national approach for consideration o f Aboriginal and Torres Strait Islander heritage issues in relation to development project approvals. It should be based on clearly agreed processes for ensuring that consultation and negotiation occur with

Aboriginal and Torres Strait Islander communities when major resource and tourism ventures are proposed in areas where Aboriginal and Torres Strait Islander interests are identified.

The policy would be based on a national commitment to improving present practices and on Commonwealth, State and Territory agreement on consul­ tation, negotiation and approval processes on the following issues:

• mechanisms and timelines for notifying Aboriginal and Torres Strait Islander organisations about development proposals;

• principles for increasing participation by Aboriginal and Torres Strait Islander groups in the equity, management and employment aspects of proposals;

• providing developers with information on Aboriginal issues affecting their proposals; and

• the role of Aboriginal and Torres Strait Islander Commission Regional Councils in facilitating Aboriginal and Torres Strait Islander consulta­ tion and negotiation about proposals.

The Commonwealth believes that recent disputes, particularly related to heritage protection issues in mining and exploration projects, have been caused by insufficient attention to consultation and negotiation with Aborigi­ nal interests.

Recommendation R eports ------ 3 8 9

As development proposals are primarily matters involving questions of State and Territory jurisdiction, their co-operation in developing a national ap­ proach is essential for this Recommendation to be implemented.

Through Commonwealth legislation in accordance with lease-back agree­ ments with Kakadu and Uluru National Parks, the Australian National Parks and Wildlife Service (ANPWS) is obliged to consult with the Gagadju and Mutitjulu communities on any proposed developments o f the park areas

{National Parks and Wildlife Services Act, 1975 part II s. 11 subsection (8)(ba). The lease-back agreements stipulate Aboriginal involvement through the Board of Management to ensure that the Aboriginal interests are addressed in the implementation of projects and activities at all levels.

The Aboriginal Employment Development policy programs conducted by the Commonwealth, through ANPWS and the Bureau of Rural Resources (BRR), currently encourage a consultative approach between relevant State and Territory land and sea management agencies and Aboriginal and Torres Strait Islander communities in developing and implementing contract projects.

This involvement at all levels of development and implementation establishes whether the community has the appropriate skills to carry out the contracted work and/or identifies areas for training prior to commencing a project.

The issues of consultation and Aboriginal and Torres Strait Islander involve­ ment in the land and sea management has also been addressed in the recommendations from the Commonwealth’s Ecologically Sustainable De­ velopment initiative in relation to fisheries, mining and tourism.

1992-93 report

On 3 April and on 6 May 1992, the Minister for Aboriginal and Torres Strait Islander Affairs wrote to State and Territory Ministers proposing the development of a co-operative national approach to improve the processes for Aboriginal and Torres Strait Islander heritage assessment.

In June 1993, the ATSIC Board examined possible revisions to the then existing heritage protection policy, and directed that discussions begin with administrators of the State and Territory legislation with a view to increasing the level and nature of Aboriginal and Torres Strait Islander participation in decision-making within

the heritage policy and program areas. The States and Territories have been advised of the Board's decision, but the bilateral discussions have not yet begun.

390 — Recommendation Report»

In November 1992, the Council for Aboriginal Reconciliation, in response to the Prime Minister’s One Nation statement, established a Mining Committee. That Committee met with Aboriginal and Torres Strait Islander leaders and Chief Executive Officers of major mining companies. Their discussions were the basis

of the Committee’s report, Exploring fo r Common Ground, presented to the Prime Minister on 1 July. The report recommended strategies for establishing a better working relationship between indigenous people and miners. Those strategies cover the areas of communication, Aboriginal and Torres Strait Islander education, non-indigenous education, access to land, Aboriginal and Torres Strait Islander employment and enterprise and Aboriginal and Torres Strait Islander heritage

legislation and resource development.

The Department of Primary Industries and Energy, in co-ordination with the Aboriginal Reconciliation Unit within the Department of the Prime Minister and Cabinet, has responsibility for the Common Ground Award — Initiatives in Aboriginal IResource Sector Co-operation. This non-monetary award will go to

a company operating in the minerals and energy sector which has demonstrated a commitment to addressing issues o f importance to Aboriginal communities in the context o f resource development.

The Government’s response to the final Report on the Royal Commission included a $ 15m package for the development of strategies to enhance Aboriginal and Torres Strait Islander participation in the tourism, arts and pastoral industries. Funding was allocated to ATSIC to co-ordinate, implement and evaluate a national Aboriginal and Torres Strait Islander Tourism Strategy over five years. The Department o f Tourism is working jointly with ATSIC to develop the Strategy. A Tourism Industry Advisory Committee, established to oversee the development of

the Strategy, consists of representatives from the tourism industry, State and Commonwealth Government agencies, including ATSIC and Aboriginal and Torres Strait Islander communities.

One of the objectives of the Strategy will be to encourage Aboriginal and Torres Strait Islander economic self-sufficiency through self management and self­ determination in tourism.

The Australian Nature Conservation Authority has not been involved in negotia­ tions with the mining industry in relation to developmental proposals. Apart from the day-to-day operations of Kakadu, Uluru and Jervis Bay National Park, there has been indirect involvement in negotiations with the development of tourist devel­ opment proposals through the Contract Employment Program for Aboriginals in Natural and Cultural Resource Management.

Recommendation Report» — 3 9 1

Communities in Western Australia and Northern Territory have been involved in project developments, the application process, and the implementation of tourist ventures, in particular the Geikie Gorge project in Western Australia.

The contract employment program encourages Aboriginal and Torres Strait Islander involvement at all stages of the development, implementation and moni­ toring of projects. This involvement supports a. and b. of Recommendation 314 by encouraging consultation and negotiation between government and non-govern­ ment agencies, Aboriginal Land Councils and incorporated community bodies.

To develop the consultation process further, a review of the contract employment program identified a model for consultation with Aboriginal peoples and Torres Strait Islanders. This was supported by the House of Representatives Standing Committee inquiry into Bio-diversity.

Contact Officers

Mr John van Beurden Policy Branch, PM & C Telephone (06) 271 5023 Facsimile (06) 271 5022

Mr Roger Dobb Land Heritage and Environment Branch, ATSIC Telephone (06) 289 3349 Facsimile (06) 285 2064

Ms Kim Orchard Australian Nature Conservation Agency Department of Environment, Sport and Territories Telephone (06) 250 0326 Facsimile (06) 250 0735

Mr Geoff Strang Regional Development Branch Department o f Tourism Telephone (06) 279 7142 Facsimile (06) 279 7189

Mr Mike Hitchens Primary Industries and Environment Branch Department of Primary Industries and Energy Telephone (06) 272 4648 Facsimile (06) 272 5926

392 — RccommfnHjtfffp RtT~Trtl

Recommendation 315

The Commonwealth responded:

The Commonwealth acknowledges that the thrust of Recommendation 315 reflects a strong desire by Aboriginal and Torres Strait Islander people to undertake and be involved in land management and use on their own and conservation reserve land. Although this Recommendation specifically men­

tions W estern Australia, this is an Australia-wide issue. Aboriginal and Torres Strait Islander involvement in land and sea use and management needs to be addressed in all States and Territories and expanded to incorporate the

extensive areas of land owned by Aboriginal and Torres Strait Islander people outside the conservation estate.

The Commonwealth will seek discussions with States with a view to gaining Australia-wide recognition of these principles and adoption o f similar prac­ tices in all States.

The Caring fo r Country report on Aboriginal and Torres Strait Islander land­ holders access to land management funding identified anomalies in the current system of mainstream programs. Aboriginal and Torres Strait Islander held land accounts for 14 per cent of Australia’s land, while national

parks and reserves make up 5 per cent, but funding to Aboriginal and Torres Strait Islander lands is not distributed proportionally to Aboriginal and Torres Strait Islander communities to cope with their land and sea use and management issues.

Aboriginal and Torres Strait Islander people often obtain tenure to land which requires substantial restoration before traditional and contemporary land uses can be undertaken. The Commonwealth, through the Australian National Parks and W ildlife Service (ANPWS) and the Bureau o f Rural

Resources (BRR), is catalysing links between State and Territory land-use and management agencies and Aboriginal and Torres Strait Islander people. The provision of appropriate scientific and technical advice to Aboriginal and Torres Strait Islander people by agencies is the key factor in the long term sustainability o f Australian, including Aboriginal, lands pastoral properties

and conservation reserves.

Through the Aboriginal Employment Development Policy land and sea management programs with ANPWS and rural resource management with BRR, joint management arrangements are promoted with State and Terri­ tory agencies and Aboriginal and Torres Strait Islander communities.

Recofnmgndation Report, — 3 9 3

Both programs support access to national parks for subsistence use, as Aboriginal and Torres Strait Islander held lands are generally so degraded that traditional practices of hunting and gathering are frequently not possible and rehabilitation is beyond their financial capabilities. The Commonwealth, through the BRR, supports investigation of the options for Aboriginal and Torres Strait Islander people to enhance the subsistence and rural resource

base. Through a joint arrangement, the knowledge that the community has inherited can be utilised in the management o f the national parks while a subsistence food supply is maintained.

The Commonwealth, through ANPWS has already adopted practices consist­ ent with the Millstream recommendations and currently operates Kakadu and Uluru National Parks on lease-back arrangements and promotes similar arrangements with State and Territory nature conservation agencies. In July

1992, the Jervis Bay Reserve will be administered by ANPWS. This will become the third joint management arrangement for ANPWS.

The Commonwealth, through ANPWS and the Department of Employment, Education and Training has negotiated with relevant State agencies Aborigi­ nal Employment Strategies to set up long term employment arrangements for Aboriginal people at all levels, in land and sea management on permanent, temporary or contractual basis.

The ANPWS contract program also provides funding to nature conservation agencies to contract Aboriginal communities and individuals to be involved in the management of their sites of cultural significance, through the correct interpretation, the protection and management of such sites. This is carried out through existing programs by the Australian Heritage Commission’s Aboriginal Environment Branch and the Institute of Aboriginal and Torres Strait Islander Studies.

1992-93 report

This Report addresses the parts of the Recommendation (a-j) as set out in the Royal Commission’s final report.

In 1992-93, the Australian Nature Conservation Agency completed a series of workshops to review the Contract Employment Program for Aboriginals in Natural and Cultural Resource Management. The points a.- j. of Recommendation 315 were raised again but, fortunately, the Australian Nature Conservation Agency and relevant agencies were able to respond in relation to their responsibilities.

3 9 4 ------ Recommendation

The Australian Nature Conservation Agency's involvement in each o f these areas throughout 1992-93 has been:

a. Joint Management: it negotiated several agreements between Aboriginal community organisations and major nature conservation agencies. The first Community Agreement was signed on the 26 August 1993 between the agency, the Wheatbelt Aboriginal Corporation, and the Department of

Conservation and Land Management) in Western Australia. Although the Mogumber Mission has been excised for the corporation to manage, works will be conducted on surrounding national parks, nature reserves and Crown lands. The Wreck Bay Aboriginal Community Council, in NSW, has been

invited to assist in the management of the Jervis Bay National Park through the establishment of an Interim Board of Management.

b. Contract Employment Program for Aboriginals in Natural and Cultural Resource Management funds have assisted communities and agencies in the development o f management plans throughout Australia in 1992-93. The Australian Nature Conservation Agency has encouraged the ATSIC Regional

Planning approach and, where communities have not identified land or marine management as a priority, has assisted in this development to encourage employment opportunities in nature conservation and cultural heritage management.

c. The agency has not been directly involved in this area but this issue was raised throughout the Review process.

d. As per (c) above. ATSIC has taken up this matter with a number o f State governments.

e. Throughout the Review process, this was an area discussed considerably. The contract employment program supports the control and ownership of cultural heritage information remaining with the relevant communities. The Australian Nature Conservation Agency has a proven record of this with

previous contract employment projects as well as with the operations of Kakadu and Uluru National Parks.

The agency supported the recommendations from the Australian Rock Art Research Association’s Indigenous Perspectives meeting in Cairns 1992 which outlined a code o f ethics to be followed by researchers when dealing with Aboriginal and Torres Strait Islander cultural heritage.

tncmnnaidailon Rgporti — 395

ATSIC has been active in seeking to gain agreement between all govern­ ments on the protection and return of significant Aboriginal and Torres Strait Islander cultural property. The definition used for significant cultural property incorporates traditional cultural knowledge and other information. The means for facilitating the control o f this cultural information by Aborigi­ nal people have yet to be developed.

f. The Australian Nature Conservation Agency signed an agreement on 26 May 1992, with theDEET to administer its Aboriginal Recruitment, Training and Career Development Strategy from 1992-93 until 1995-96. The agency has an Aboriginal employment rate of 13.8 per cent compared to 11.3 per cent in

1991-92.

Although numerous negotiations took place with State/Territory agencies which have Aboriginal and Torres Strait Islander recruitment, training and career development strategies, no agreements have been signed in 1992-93 committing contract employment program funds. Most State/Territory

strategies are being supported through the DEBT Aboriginal Employment Strategy.

g. The Kakadu and Uluru-Tjuta National Parks lease-back arrangements con­ tinue to operate as previously. Negotiations have taken place with the Wreck Bay Aboriginal Community Council in relation to the Aboriginal lands that are frequented by tourists within the boundary of the Jervis Bay National Park. Negotiations are continuing.

h. This is also an issue raised by the Wreck Bay Aboriginal Community Council in relation to the Aboriginal lands that are frequented by tourists within the boundary of the Jervis Bay National Park. Negotiations are continuing.

i. This was raised as a part of the review process of the Contract Employment Program for Aboriginals in Natural and Cultural Resource Management and each of the State andTerritory agencies responded in relation to their individual policies. Kakadu and Uluru National Parks continue to have areas designated for ceremonial purposes.

The matter o f reserving some National Park land for Aboriginal ceremonial purposes has been raised incidentally in some discussions between ATSIC and authorities but ATSIC is not aware of details of where such access has been granted during the past year.

3 9 6 -----Recommendation

j . The Contract Employment Program for Aboriginals in Natural and Cultural Resource Management projects have:

- made it possible for Aboriginal peoples and Torres Strait Islanders to be involved directly in the protection of their sites of significance as well as having access to such sites;

- encouraged the ATSIC Regional Planning approach; and,

- where communities have not identified land or marine management as a priority, assisted in this development to encourage employment opportunities in nature conservation and cultural heritage manage­ ment.

Such direct involvement remains ATSIC policy. Discussions are continuing with State and Territory authorities. Generally, there are few provisions which would allow Aboriginal custodians a role in controlling or managing protection and/or access to sites of significance within national parks unless there were existing joint management arrangements.

Special arrangements are available for the need for protection o f and access to culturally significant sites where offshore petroleum exploration is under consid­ eration. Offshore petroleum exploration areas are released for competitive bidding twice each year under the Petroleum (Submerged Lands) Act 1967. Planning for

each release is undertaken several months in advance.

Prior to the release o f areas, the Petroleum Division of the Department o f Primary Industries and Energy consults with a number of Commonwealth agencies, including ATSIC, which in turn seeks comments from relevant Aboriginal Coun­ cils. In this way the interests o f the local Aboriginal and Torres Strait Islander people can be taken into account in determining whether the identified exploration

areas should be released and, if released, the conditions to apply if the areas are taken up for exploration.

The relevant State or Northern Territory Mines departments have a joint adminis­ trative responsibility with the Commonwealth under the Petroleum (Submerged Lands) Act 1967 and in this context they consult State/NT agencies concerned with the environment and fisheries. Local Harbour and Marine Authorities are also

consulted if exploration areas are located adjacent to the entrance to such places as ports. DPIE requests the State/NT Mines Department to consult with relevant State/ NT agencies concerned with indigenous people prior to the release o f exploration areas.

Recommendation Report» — 3 9 7

The Department o f Primary Industries and Energy', in co-ordination with the Aboriginal Reconciliation Unit in the Department o f the Prime Minister and Cabinet, has responsibility for The Common Ground Award — Initiatives in Aboriginal/Resource Sector Co-operation.

This project, announced in the Prime Minister’s press release of 1 July 1993, involves the presentation of a non-monetary award to a company operating in the minerals and energy sector which has demonstrated a commitment to construc­ tively address issues o f importance to Aboriginal communities in the context of a specific resource development.

Nominations for the award will be called for in early September 1993 and will close on 29 October 1993. The award will be adjudicated by the Joint Council on Aboriginal Land and Mining which is to have its inaugural meeting in November 1993. The award will be presented in March 1994.

In 1992-93, $3.76m was spent on the Contract Employment Programs for Aborigi­ nals in Natural and Cultural Resource Management).

Contact Officers

Ms Kim Orchard Australian Nature Conservation Agency Department o f Environment, Sport and Territories Telephone (06) 250 0326 Facsimile (06) 250 0735

Mr Gerard Early Territories Office Department of the Environment, Sport and Territories Telephone (06) 274 1702 Facsimile (06) 257 5329

Mr Roger Dobb Land, Heritage and Environment Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 4649 Facsimile (06) 285 2064

3 9 8 — gssanmgMfatian Rnrrirti

Recommendation 316

The Commonwealth responded:

The Commonwealth supports the thrust of the Recommendation and notes that it is the responsibility of the Aboriginal and Torres Strait Islander Commission (ATSIC) to co- ordinate and facilitate research and advice which would assist in achieving greater self-sufficiency in Aboriginal communities.

ATSIC has established a program which will facilitate regional and commu­ nity planning to assist in the development o f economic development strategies at the regional and community levels.

The Commonwealth does not support the establishment of a specific unit based in the northern part of Australia. Current arrangements provide access to Aboriginal and other resource agencies for assistance in the planning and economic development processes.

ATSIC’s Regional Councils have the role of regional planning, including for economic development, under the Aboriginal and Torres Strait Islander Commission Act 1989. Regional plans will be interactive with community plans and with State, Territory and local government planning mechanisms.

The Commonwealth through Australian National Parks and W ildlife Service and the Bureau of Rural Resources is investigating the options in land use and management for economic independence or a greater degree o f self-suffi­ ciency in a number of locations including Northern Australia.

Communities will require technical and scientific support in their develop­ ment of means to increase self-sufficiency. Areas of technical and scientific input include conservation land management, pastoralism, enhanced subsist­ ence, commercial harvesting of wild animals and tourism. Residents of

remote communities will be able to use this information for development of integrated land use and management plans for their local community.

1992-93 report

The Commonwealth does not support the establishment of a specific unit based in the Northern part of Australia.

As reported under Recommendation 192, Regional Councils have statutory plan­ ning, advisory, representative and advocacy functions for improving the economic,

gfcommendation Report» — 3 9 9

social and cultural status of Aboriginal and Torres Strait Islander residents o f each Region. One o f their primary functions is to formulate, and revise, from time to time, a regional plan for improving the economic, social and cultural status of Aboriginal and Torres Strait Islander residents o f the region.

Governments at all levels have formally recognised the significance of Regional Council plans through a decision of the Australian Aboriginal Affairs Council and a multi-lateral commitment called the National Commitment to Improved Out­ comes in the Delivery o f Programs and Services fo r Aboriginal and Torres Strait Islander Peoples, executed by the Council of Australian Governments.

ATSIC*s policy on community planning, which is aimed at encouraging Aborigi­ nal and Torres Strait Islander communities and community-based organisations to adopt a strategic planning approach to their social, economic physical and cultural development, is also beginning to take effect.

Many communities have accepted the benefits of adopting a planned approach towards achieving their community goals.

There are indications that Regional Council plans and the concept of Aboriginal and Torres Strait Islander community-based planning are gaining recognition and acceptance by government agencies as valuable and legitimate bases for planning program delivery.

The implementation o f Regional Council and community-based development plans will ensure a more efficient usage o f available resources, resulting in cost benefits to service deliverers in all agencies. The longer term effect of more efficient service delivery mechanisms will result in an enhanced and stable rate of economic development within Aboriginal and Torres Strait Islander communities.

The Department o f Primary Industries and Energy (DPIE) has advised that the B ureau of Resource Sciences has prepared a national overview of Aboriginal-owned lands which is to be used to underpin the development of the Rural Industries Strategy. The report included maps showing:

• the Aboriginal and Torres Strait Islander estate;

• the location and size of Aboriginal population centres;

• the distribution o f sheep, cattle and wild animal resources; and

• broad-scale information on soils and vegetation.

4 0 0 — RtcofflmetxfafVn Rrrrrrti

The information is being maintained by the National Resource Information Centre.

The Australian Nature Conservation Agency’s involvement in Northern Australia has been established since 1976 and it is prepared to be an active member of such a unit once it is established. Nothing has been established in 1992-93.

The Department of Social Security (DSS) does not directly administer programs promoting economic self-sufficiency, but does have an active interest in working co-operatively with agencies administering such programs. For example, the Department works closely with ATSIC in administering the CDEP program, the

key goal of which is to develop economically viable community-based enterprises. The Department also participates in an interdepartmental committee examining the financial infrastructure of remote communities.

DSS has contributed valuable research in this area, particularly on issues concern­ ing the lack of banking facilities in remote Aboriginal and Torres Strait Islander communities

DSS also administers the Support Network for Aboriginal Parents (SNAP) pro­ gram. Apart from promoting access to DSS family payments, SNAP officers also play an important role in linking Aboriginal and Torres Strait families to other government and non-government programs which promote community develop­

ment and economic self-sufficiency. The Government’s commitment to the SNAP program was demonstrated in the 1992-93 Budget, when the number of SNAP Officers was increased from 14 to 25.

The implementation of Regional Council and community-based development plans will ensure a more efficient usage of available resources, resulting in cost benefits to service deliverers in all agencies. The longer term effect of more efficient service delivery mechanisms will result in an enhanced and more stable rate of economic development within Aboriginal and Torres Strait Islander

communities.

Contact Officer

Mr Russ Taylor Regional Support Planning and Development Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8978 Facsimile (06) 281 4240

Reconunenditky — 401

Recommendation 317

The Commonwealth responded:

The Commonwealth supports this Recommendation. The Community Devel­ opment Employment Projects (CDEP) scheme began in 1977 and has at­ tracted enormous demand from Aboriginal and Torres Strait Islander com­ munities. Following the release of the Aboriginal Economic Development Policy in 1987, it was revised and expanded to operate in towns as well as assisting communities in remote areas.

The Commonwealth notes the Royal Commission’s view that CDEP has been the source of dramatic and positive changes for many communities, with social and cultural benefits for participants. It also provides a means for Aboriginal and Torres Strait Islander control over their goals for economic and social

development

The Commonwealth notes that since the tabling of the Royal Commission’s final Report, CDEP was further expanded in the 1991-92 Budget. This expansion will provide an additional 4,600 jobs for Aboriginal and Torres Strait Islander people over three years — 1,300 in 1991-92, and 1,650 in each of the following two years. The scheme involves more than 19,000 people in

172 remote and non-remote locations.

1992-93 report

The future expansion of the Community Development Employment Projects Scheme is strongly encouraged in all areas populated by Aboriginal peoples and Torres Strait Islanders.

The majority of the 30 new CDEPs which began in 1992-93 are in rural areas with limited mainstream employment opportunities for Aboriginal people. Ten commu­ nities are in remote locations.

At the time of writing,'‘not all bids for new CDEPs for 1993-94 had been received. However, it is anticipated that a number will be submitted for new projects in rural towns where mainstream opportunities are limited. The Recommendations o f the Royal Commission will be considered in the assessment and approval process.

402 ------ Recommendation Report»

The Department o f Employment, Education and Training and ATSIC are joindy reviewing the barriers faced by sectors of the Aboriginal and Torres Strait Islander community. The aim is to recommend changes to program guidelines and delivery arrangements.

The following issues are being assessed:

• improving the access of CDEP participants to DEET’s labour market programs and ATSIC’s community training and enterprise development programs;

• the development of integrated/co-ordinated field services to deliver pro­ grams and services to people living in remote areas;

• the development of a joint package to promote Aboriginal and Torres Strait Islander employment and enterprise development within the mining indus­ try; and

• the development of mechanisms to identify and support enterprise oppor­ tunities that have job creation potential in isolated regions.

Mainstream program delivery has rarely been discussed with Aboriginal and Torres Strait Islander interest groups. This is likely to change markedly if these proposals lead to more productive delivery.

The Program report, Community Development Employment Projects also relates to this matter.

Contact Officers

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8942 Facsimile (06) 285 3604

Ms Trish Mercer Employment Programs Branch Department o f Employment, Education and Training Telephone (06) 203 3162 Facsimile (06) 203 3175

— 4 0 3

Recommendation 318

The Commonwealth responded:

The Commonwealth supports the general thrust of the Recommendation. It emphasises that Aboriginal and Torres Strait Islander communities and organisations should retain choice in engaging resource agencies. It also notes possible efficiencies in devolving to consenting Aboriginal and Torres Strait

Islander organisations, specific aspects of Community Development Employ­ ment Projects (CDEP) administration.

1992-93 report

The Aboriginal and Torres Strait Islander Commission recognises that the de­ mands placed on its staff at times are high, especially in the Regional Offices, and particularly because of the expansion of the CDEP scheme.

Much of the administrative work associated with CDEPs is undertaken within the communities with support available from ATSIC project officers and, in many instances, from outside agencies such as resource centres and private professional services. Communities choose which agency they engage. For example, some CDEP communities in the Northern Areas Region of South Australia choose to use the Pitjantjatjara Council Accounting Service for their financial services require­ ments.

Devolution o f further administrative aspects of the CDEP is probably not realistic in terms o f ATSIC’s accountability and statutory requirements.

In recognition of the increased workload and staff pressures that the CDEP expansion has brought, 10 new positions has been approved for State and Regional Offices for 1993-94. Additionally, 11 CDEP census officers employed in 1992-93 will stay on as CDEP specialist officers.

A national training package is also being developed in ATSIC with the aim of increasing the efficiency and effectiveness of all staff involved in CDEP project administration and monitoring. This should provide a better service to clients.

The provision and co-ordination of training for participants and managers of CDEP schemes is available through ATSIC as well as other agencies such as DEBT, TAFEs and various colleges such as the Northern Territory Open College.

404 Recommends ton Rmnrt|

Some CDEP communities make satisfactory training arrangements through local organisations. For example, the Anangu Winkuku Stores in Alice Springs provide training in store management, invoicing, pricing and stock control to local CDEPs which have participants working in stores.

ATSIC is developing a CDEP newsletter which will provide information, submit­ ted from various communities and ATSIC staff, on the types o f activities and enterprises being undertaken. It will assist communities by reporting on successful schemes and creating ideas for new CDEPs. Although the newsletter will be initiated in ATSIC Central Office, it is envisaged that one o f the communities will

take over the production as a CDEP activity.

Contact Officers

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 8942 Facsimile (06) 286 3604

Recommendation Renorti — 4 0 5

Recommendation 319

The Commonwealth responded:

The Commonwealth supports this Recommendation. A consultancy is being examined to study the socio-economic impact of Community Development Employment Projects (CDEPs) on participating communities. This consul­ tancy will incorporate many of the suggestions in this Recommendation.

a. Through community and regional planning and the administrative arrangements for monitoring and co-ordinating implementation o f the Aboriginal Employment Development Policy (AEDP), greater Aborigi­ nal and Torres Strait Islander control will be facilitated. The CDEP will also be promoted as the means of providing the labour component of infrastructure development to maximise the economic benefits of capi­ tal development projects.

b. CDEP funds can at present be used to supplement, but not replace, funds that should be provided by State and/or local governments for munici­ pal and social services. However, due to the insufficient level of funding communities receive from other sources, some communities are using CDEP funds to provide municipal services. The use o f CDEP funds for these purposes does not justify agencies not fulfilling their responsibili­ ties to Aboriginal and Torres Strait Islander communities. The Com­ monwealth will seek to ensure, through discussions with the States and local government authorities, that CDEP is not used as a substitute for the provision of an adequate level of municipal and other social services.

c. The Commonwealth has agreed to fund the CDEP Scheme outside of the Aboriginal and Torres Strait Islander Commission’s (ATSIC) global allocation. This funding will be on the basis of an average participant rate. On-costs will be funded as 20 per cent of wages and support costs on a per capita basis.

d. ATSIC has begun to enhance its monitoring of communities to ensure that people are receiving the equivalent o f their entitlement. The CDEP census and ongoing monitoring of participant schedules will introduce improved monetary arrangements.

e. ATSIC has included a section on the participation of women in the CDEP User Guide. ATSIC recognises that women are the primary care

4 0 6 — Recommendation Renorti

givers to young Aboriginal and Torres Strait Islander people, and it is necessary to ensure that they are aware o f the opportunities available to them to enhance their skills and build an independent economic base.

f. As outlined in the response to Recommendation 318, the capacity to involve Aboriginal and Torres Strait Islander controlled resource agen­ cies in the provision of administrative expertise and advice already exists, and is primarily a decision for each community.

g. This Recommendation is supported. Additional work is proceeding to establish long-term training agreements with participating communi­ ties to establish skill levels which would improve financial control systems and enhance the skills of managers in respect of accountability

provisions.

h. This Recommendation is supported. Training in negotiation skills and cultural sensitivity has been identified in a package developed for staff involved in CDEP.

i. The thrust o f this Recommendation will be achieved through ATSIC’s community planning and regional planning program.

j. Co-ordination mechanisms are improving through a greater focus on strategic planning. The transfer of the community-based elements of the T raining for Aboriginal Program from the Department o f Employment, Education and Training to ATSIC will achieve greater links between the

program delivery and training requirements.

k. ATSIC will provide information brochures on CDEP best practices and case studies across a range of communities. A video is also available to illustrate the program and its benefits.

1992-93 report

In September 1992, ATSIC commissioned Deloitte Touche Tohmatsu (formerly Deloitte Ross Tohmatsu) to conduct a study into the socio-economic impact o f the Community Development Employment Projects scheme. Research was conducted through case studies, a survey of CDEPs, public submissions, ATSIC staff

workshops and surveys, and academic input. The report was received in May 1993 and it was widely distributed for comment.

R from m unjadton t m o i t i — 407

The specific aspects of Recommendation 319 were considered in the study and in some cases put forward as options.

DEBT and ATSIC are jointly reviewing the barriers faced by sectors of the Aboriginal and Torres Strait Islander community. The aim is to recommend changes to program guidelines and delivery arrangements.

The following issues are being assessed:

• improving the access of CDEP participants to DEET’s labour market programs and ATSIC’s community training and enterprise development programs;

• the development of integrated/co-ordinated field services to deliver pro­ grams and services to people living in remote areas;

• the development of a joint package to promote Aboriginal and Torres Strait Islander employment and enterprise development within the mining indus­ try;

• the development of mechanisms to identify and support enterprise oppor­ tunities that have job creation potential in isolated regions.

Mainstream program delivery has rarely been discussed with Aboriginal and Torres Strait Islander interest groups. This is likely to change markedly if these proposals lead to more productive delivery.

The Deloitte Touche Tohmatsu study shows that CDEP has had very positive impacts on the lives of people participating in it, and has led to significant improvements within their communities. However, the report has identified a number of major issues confronting the Scheme which need to be addressed to ensure that it continues to meet the needs of Aboriginal and Torres Strait Islander people. The findings of the report form the basis for policy development work on

the Scheme being undertaken during 1993-94. Details or copies of this report are available from ATSIC’s Central Office.

ATSIC is preparing a response to the findings and recommendations of the report, and a paper will be put to the Board of Commissioners in the near future.

408 hmnnan|gj[u fam».

Contact Officers

Mr Morrie Brown Economic Programs Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 8942 Facsimile (06) 285 3604

Ms Trish Mercer Employment Programs Branch Department of Employment, Education and Training Telephone (06) 203 3162 Facsimile (06) 203 3175

Recommendation Report» — 4 0 9

Recommendation 320

The Commonwealth responded:

a. The Commonwealth supports the Recommendation. Through the Aboriginal and Torres Strait Islander Commission (ATSIC), funds are used within Aboriginal Employment Development Policy (AEDP) to conduct research into the employment and economic circumstances of

Aboriginal and Torres Strait Islander people so that the future direction of AEDP at a national level is based on accurate data. This includes funding the Centre for Aboriginal Economic Policy Research at the Australian National University.

The Commonwealth will seek to expand the AEDP research component to ensure research is undertaken to determine what impact Aboriginal and Torres Strait Islander people have on the local and regional economy. Such research will provide essential information for the

development of regional and community plans and to support economic development in discrete geographic locations. For research undertaken through ATSIC, involvement of Aboriginal and Torres Strait Islander

people in the conduct of research is a condition of tender.

b. Research indicates that, in relation to the taxation of individuals, Aboriginal and Torres Strait Islander taxpayers are not separately identified by the taxation system. Consequently, there are no taxation statistics available that specifically relate to Aboriginal and Torres

Strait Islander people. Collecting these statistics would require Aborigi­ nal and Torres Strait Islander people to identify themselves as such on tax return forms. This information would have no relevance for the administration of taxation laws.

Aboriginal and Torres Strait Islander people and organisations benefit from the provisions o f the Income Tax Assessment Act 1936 insofar as:

• mining payments made to Aboriginals and Aboriginal distribut­ ing groups relating to the use of Aboriginal and Torres Strait Islander land for mining and exploration are subject to a withhold­ ing tax at a concessional rate of 5.8 per cent rather than the generally applying rate o f 30 per cent. Distributions are not

410 — Recommendation j j g ^

assessable if the payments have already attracted mining with­ holding tax; and

taxpayers whose assessable income includes the Aboriginal Study Assistance Scheme may be entitled to a rebate on income tax. The rebate is available on an income-tested basis under the beneficiary rebate provisions of the Income Tax Assessment Act.

1992-93 report

a. The Commonwealth, through ATSIC and the Department of Social Security, funds the Australian National University to operate the Centre for Aboriginal Economic Policy Research. The Centre conducts research of the highest academic standard to investigate issues relating to the employment and

economic circumstances of Aboriginal peoples and Torres Strait Islanders. In addition, ATSIC expanded its research component by establishing a Research and Development Section to implement and monitor a research

program. Two significant program-specific research projects were completed. ATSIC supports and promotes economic research to be undertaken in discrete geographical and/or cultural areas to facilitate economic planning at the regional level. For research commissioned by ATSIC, involvement of Aboriginal and Torres Strait Islander people in the conduct of research is a condition of tender.

b. The Department of the Treasury confirms the advice given in the Common­ wealth Response to the final Report of the Royal Commission, as set out above.

Contact Officers

Ms Pauline S el way (for Part A only) Regional Support, Planning and Development Branch Aboriginal and Torres Strait Islander Commission Telephone (06)289 3127 Facsimile (06) 281 4240

Mr Stuart Jones Fiscal Policy Division Department of the Treasury Telephone (06) 2633 822 Facsimile (06) 273 2614

Recommendation R eport»----- 4 1 1

IMPROVING THE LIVING ENVIRONMENT: HOUSING AND INFRASTRUCTURE Recommendations 321 - 327

Recommendation 321

The Commonwealth responded:

The Commonwealth supports this Recommendation. The Aboriginal and Torres Strait Islander Commission Housing and Community Infrastructure Needs Survey will be undertaken in 1992. This survey is designed to gather information concerning the physical condition of existing housing and infra­ structure within communities ,and to measure and cost the extent of the unmet need.

Although the survey will include some questions about management and administration, it is recognised that the survey cannot provide an in-depth assessment of the quality of these services. This information will need to be provided by further assessment at the regional office level.

Aboriginal Hostels Limited has been consulted. As a result, the survey includes questions designed to test the need for and type o f additional hostel accommodation required.

The planning for the survey has been completed, and it is scheduled to commence in April 1992. Preliminary information is expected to be available early in 1992-93 with the final report to be published and available by December 1992.

1992-93 report

ATSIC has almost completed the first comprehensive study o f the housing and community infrastructure needs, including hostel accommodation, of Aboriginal peoples and Torres Strait Islanders. The survey is examining housing needs in rural, remote and urban areas. It will provide ATSIC with data that will allow informed decisions on resource allocation. Stage 1 of the survey examined needs in rural and remote areas and was completed with the release of a report in June

1992. Stage 2 is examining housing needs in urban areas by analysing data from the 1986 and 1991 Censuses.

4 1 2 — Recommendation Bi-port.

Copies o f the preliminary report of the National Housing and Community Infra­ structure Needs Survey were distributed to ATSIC’s Regional Offices and Regional Councils.

Results from Stage I of the survey have already been used to assist in the development of regional and community plans. This information will also be used by ATSIC and Regional Councils when addressing management issues such as the allocation of funds and the priority of projects. ATSIC has already used the results

of the survey to allocate funds.

The survey will be completed early 1994.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3152 Facsimile (06) 282 4553

Recommendation Report» — 4 1 3

Recommendation 322

The Commonwealth responded:

The Commonwealth supports this Recommendation. This will be addressed by the 1992 Aboriginal and Torres Strait Islander Commission (ATSIC) Housing and Community Infrastructure Needs Survey (see Recommendation 321).

A complete analysis of the survey results is expected to be completed by December 1992.

The survey will calculate the number of Aboriginal and Torres Strait Islander families in need of housing in every identified location, and an evaluation of the current infrastructure’s capacity to cope with the extra housing will be made by Australian Construction Services. Special provision has been made in the questionnaire for counting extended family groups in need of accommo­ dation.

Indicative costing for the identified housing and infrastructure needs will be included in the final report.

The survey findings for each ATSIC region will be submitted to the appropri­ ate Regional Council for comment and inclusion in their regional planning strategies.

1992-93 report

See report on Recommendation 321, page 412.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

414 — Recommendation Reoorfr

Recommendation 323

The Commonwealth responded:

The Commonwealth supports the thrust of this Recommendation. The Abo­ riginal and Torres Strait Islander Commission (ATSIC) will:

a. review Community Housing Infrastructure Program (CHIP) guide­ lines, including stating the purpose and benefits of the home-makers services to enable Regional Councils to make informed decisions on what courses may be applicable in their region. They will be informed

o f good models to follow; and

b. determine how best to develop strategies to implement this Recommen­ dation. The Office of Indigenous Women (OIW) within ATSIC will also use its network to consult with Aboriginal and Torres Strait Islander women nationally.

1992-93 report

In 1990-91, $163,000 was allocated to the Home-makers Service and in 1991-92 $382,000 was allocated.

In 1992-93 ATSIC, through the Community Housing and Infrastructure Program, allocated almost $350,000 to Aboriginal and Torres Strait Islander organisations for the provision of home-maker services These courses provide training and services to assist Aboriginal and Torres Strait Islander families, especially those in

town camps and remote communities, with the transition from traditional to an urban style of housing. The services assist with the improvement of skills such as budgeting, nutrition, the use of household appliances and the maintenance of houses and the environment. ATSIC will continue to provide funds throughthis

program, subject to the deliberations of the Regional Councils.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission

Telephone (06) 289 3152 Facsimile (06) 282 4553

Recommendation Report»-----

Recommendation 324

The Commonwealth responded:

The Commonwealth agrees that the Tangentyere model is a successful one. Tangentyere Council represents Alice Springs town camps and has imple­ mented a model of community planning that has been successful in satisfying many of the needs of Aboriginal and town campers.

Other programs cover training, community services for home-makers and old people, an after-school program for school children, a recreation program, and women’s committee. It has its own administration and finance section with a Westpac bank sub-agency.

Significant funding is required to support organisations such as Tangenytere, and each proposal would need to be considered on its merits to determine cost effectiveness. The social benefits must weigh heavily in this process.

Recent reviews of Tangentyere Council will be analysed and a summary prepared. Examples of good practices at Tangentyere Council, and from several other outstanding organisations, have been incorporated in a report Good Practices, Initiative Between Local Government and Torres Strait Islander Communities. The report was part-funded through ATSIC as an outcome of the Townsville Local Government Conference ‘Let’s Work Together’ in October 1991, and will be made available to local government agencies, Regional Councils, ATSIC offices and other relevant organisations. The Townsville Aboriginal and Islander Media Association was also funded by ATSIC to produce a video of the conference, to be used as an information and education tool for organisations and local government agencies.

Regional Councils set priorities and make decisions regarding funding sup­ port for resource agencies.

1992-93 report

The report entitled Good Practices, Initiatives Between Local Government and Aboriginal and Torres Strait Islander Communities identified examples o f best practices between local governments and Aboriginal and Torres Strait Islander people. It was produced and distributed widely and has been available on request

41 6 ----- Recommendation Report»

from ATSIC since that time. The report included information on the co-ordinated service operations of Tangentyere Council.

ATSIC commends the Tangentyere Council for its commitment to provide a wide range of integrated services which meet local communities' needs. ATSIC allo­ cated $1.56m in 1992-93, from the National Aboriginal Health Strategy, for various projects identified by the Tangentyere Council. ATSIC supports the notion

of Tangentyere being used as a model for other areas.

The Local Govemment/Aboriginal and Torres Strait Islander National Reference Group, established by the Australian Local Government Association, will continue to operate as a forum for developing and disseminating information about best practices. It covers models of service co-ordination, and co-ordination between local authorities and Aboriginal and Torres Strait Islander service organisations, including housing organisations.

The Tangentyere Council has been invited to present their model at ATSIC’s Indigenous Australians Shelter Conference to be held in Queensland in November 1993.

The Regional Council has allocated $800,000 from the National Aboriginal Health Strategy for Tangentyere Council during 1993-94.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

Recommendation Report» — 4 1 7

Recommendation 325

The Commonwealth responded:

The Commonwealth, through the Aboriginal and Torres Strait Islander Commission’s (ATSIC's) Community Housing and Infrastructure Program (CHIP) seeks to ensure that Aboriginal and Torres Strait Islander people have access to adequate housing and infrastructure facilities at a level equivalent to that enjoyed by the rest of the Australian community, while preserving the right to opt for a lifestyle of their own choice.

The Community Development Employment Projects (CDEP) Scheme can facilitate the labour component of the cost of housing repairs, while providing valuable work experience leading to enhanced skills for CDEP participants.

A community infrastructure training program has also been developed to provide training support in the form of trainers who can assist in providing specific skills to undertake large construction projects. It is ideally suited to situations where existing projects could be undertaken by the local Aboriginal or Torres Strait Islander community.

ATSIC encourages housing organisations to raise rental income to cover as much as possible the costs of repair and maintenance of the houses, as well as the administrative costs of the organisations themselves. Approximately one quarter of funds from CHIP is allocated to Aboriginal and Torres Strait Islander communities for recurrent costs.

Strategies will be developed to ensure that affordable but realistic rents are charged, and guidelines on cyclical maintenance schedules will be issued.

1992-93 report

In 1990-91 ATSIC allocated $53.9m for community housing ($50m for capital works and $3.9m for recurrent projects). In the same year, 479 dwellings were acquired and 612 houses were renovated.

In 1991-92 ATSIC allocated $50.4m for community housing ($43m for capital works and $7.4m for recurrent projects); 468 dwellings were acquired and 453 houses were renovated.

418 — Recommen«

ATSIC, through its Community Housing and Infrastructure Program (CHIP), provides various forms of financial assistance to Aboriginal and Torres Strait Islander communities and organisations to assist with management, administration and the purchase and maintenance of assets.

In 1992-93 ATSIC allocated $50.6m to community housing ($47. lm for capital projects and $3.2m for recurrent projects). In the same period $ 114.4m was allocated to community infrastructure.

The review of Aboriginal and Torres Strait Islander housing organisations being undertaken by ATSIC, is addressing this Recommendation by examining a range of issues related to the management and effectiveness of housing organisations. The review will draw on experiences such as the current NSW training schemes.

ATSIC commissioned an evaluation of the CDEP Scheme. The final report, No Reverse Gear, was finalised in May 1993. The report identified a number of key issues concerning improved co-ordination between the CDEP Scheme and CHIP.

ATSIC, through various programs such as CHIP and the Development Education and Training Program, provided grants for a range of community training pro­ grams. The training is designed to provide the knowledge and skills necessary to manage organisations and deliver services efficiently and effectively.

Grants may be made available to develop training programs, including accredited courses designed to teach specific skills. Grants are also made available to enable corporations to provide on-the-job training to members of the community, includ­ ing traineeship schemes.

ATSIC is assessing No Reverse Gear, and will shortly be responding to the report.

As a result of ATSIC’s review of Aboriginal and Torres Strait Islander Housing Organisations, which is under way, it will be possible to:

• identify the contributions made by Aboriginal and Torres Strait Islander community organisations in the management and provision o f affordable, appropriate and adequately-maintained housing and the economic and social development of Aboriginal and Torres Strait Islander people; and

• provide information and advice on the sustain ability of organisations and present options for improving operations.

Recommendation Report» 4 1 9

One of the main objectives of CHIP is to ensure that Aboriginal peoples and Torres Strait Islanders have access to secure, adequate and appropriate housing that is affordable, while ensuring that organisations are viable. Therefore, ATSIC has developed a community housing and infrastructure policy which outlines sug­ gested rental collection policies for organisations which are designed to provide affordable housing. It proposes that organisations should meet these criteria before funding is provided by Regional Councils.

ATSIC’s review of Aboriginal and Torres Strait Islander Housing Organisations is expected to be finalised by the first half of 1994.

The National Housing and Community Infrastructure Needs Survey has provided ATSIC and Regional Councils with a means of establishing the extent to which housing stocks belonging to Aboriginal organisations need to be replaced, reno­ vated or repaired.

For the financial year 1993-94, the Community Housing and Infrastructure Program has been allocated $205.4m. Funds will be allocated as Regional Councils identify suitable projects.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

4 2 0 — Recommendation Report,

Recommendation 326

The Commonwealth responded:

The Commonwealth supports this Recommendation, which is entirely com­ patible with established Commonwealth purchasing policy (i.e. achieving value for money in the context of open and effective competition). The Commonwealth will develop a model to assist agencies when contracting in

Aboriginal and Torres Strait Islander communities.

The involvement of the local community in the determination of the award of contracts is possible within the established Commonwealth procurement framework, with safeguards to prevent conflict o f interest situations arising. The Commonwealth is committed to the principle of the participation of the

Aboriginal and Torres Strait Islander communities in the determination of construction contracts. The Aboriginal and Torres Strait Islander Commis­ sion (ATSIC), in conjunction with Aboriginal and Torres Strait Islander community groups, will ensure that the required mechanisms are put in place

and are features o f the regional and community planning processes.

Tenderers will be encouraged to maximise the employment of labour from the local community by including in the contract a requirement that the successful contractor provide employment and training opportunities for the local community. The tenderer’s proposals for this purpose could then be assessed

in the selection of a contractor. All Commonwealth agencies should include in tender documents information to assist tenderers in preparing their submissions.

The Department of Employment, Education and Training, through its Job Centres, will assist contractors to recruit suitable Aboriginal and Torres Strait Islander employees. Training packages will also be made available through ATSIC to assist Aboriginal and Torres Strait Islander people to tender for contracts.

In some situations, value for money will be best served by using local suppliers and/or maximising the employment and training of Aboriginal and Torres Strait Islander labour. Communities with Community Development Employ­ ment Programs are well placed to provide such labour.

The Commonwealth encourages all agencies providing services to Aboriginal and Torres Strait Islander groups to consider the adoption of similar prac­ tices.

Recommendation Report» — 4 2 1

1992-93 report

Arising from Recommendation 326, a policy has been introduced to facilitate Aboriginal and Torres Strait Islander participation in the control of new construc­ tion in their communities. The following is a report addressing the elements (a-d) of the Recommendation:

a. A Commonwealth Purchasing Circular has been sent to procurement officers indicating that Aboriginal and Torres Strait Islander communities are to be invited to participate in the award of contracts for construction and associated works when such contracts are arranged for their communities.

b. Employment opportunities for Aboriginal and Torres Strait Islander people arising from Commonwealth-funded construction in their communities are to be realised through implementation o f the employment policy outlined under Recommendation 307.

c. The Royal Commission highlighted the need to encourage employment opportunities through the provision of housing in Aboriginal and Torres Strait Islander communities. ATSIC, through its Community Housing and Infrastructure Program, provides funding to Aboriginal and Torres Strait Islander housing organisations, including for necessary training which is identified by organisations. Funds are also available to meet recurrent costs, where Regional Councils endorse such projects.

d. When assessing bids, Commonwealth buyers are required to consider all factors contributing to the achievement o f value for money, including the advantages of using local sources of supply.

The Department of Administrative Services allocated $15,000 to developing and promoting the Commonwealth policy in response to this Recommendation in 1992-93.

The Report on Recommendation 307 also relates to these matters.

C ontact O fficer

Ms Margot Curtis Purchasing Australia Department of Administrative Services Telephone (06) 275 3039 Facsimile (06) 275 3583

4 2 2 — Recommendation Bppprfl

Recommendation 327

The Commonwealth responded:

The Commonwealth supports this Recommendation and has provided addi­ tional resources in the 1991-92 budget to undertake a Community Infrastruc­ ture Training Program (CITP). The objective of CITP is to provide Aborigi­ nal access to employment and associated training on infrastructure projects,

particularly those being developed under the National Aboriginal Health Strategy to improve the housing and physical environment of Aboriginal communities.

A typical project sponsored under the CITP will entail the involvement of Aboriginal and Torres Strait Islanders in preparatory training and on-the- job involvement in construction work, together with training for ongoing maintenance of plant and equipment. The total resources provided for

1991-92 will be $2.82m rising to $4.7lm in 1992-93 and $5.65m in both 1993-94 and 1994-95.

In addition, the Commonwealth has developed a community enterprise training package, in conjunction with the Department of Employment, Edu­ cation and Training, the Department of Health, Housing and Community Services, Aboriginal and Torres Strait Islander Commission and the Housing

Industry Association, to assist Aboriginal communities to become involved in housing construction projects. It is proposed that this training package will be adapted to meet the needs of communities considering becoming involved in public works contracting, and associated infrastructure works under the CITP.

1992-93 report

The Royal Commission highlighted the need to provide various forms of training for Aboriginal and Torres Strait Islander communities and individuals. ATSIC, through the Community Housing and Infrastructure Program, provides funding to Aboriginal Housing Organisations to provide staff training.

ATSIC and State/Territory governments, in the context of negotiations on the channelling the Aboriginal Rental Housing Project through ATSIC (refer to report on Recommendation 73), are discussing measures to improve the co-ordination of

Recommendation Report» — 4 2 3

housing progress and extend the focus of existing programs beyond construction activities to include a broader approach to housing services.

The establishment or reform of Aboriginal Housing Authorities is being consid­ ered in a number of States to undertake a number of possible activities:

• promote employment and training through construction and maintenance activities;

• provide advice on appropriate building and technology, repairs and mainte­ nance, tendering procedures and community management and support services for tenants; and

• strengthen the viability and management of existing organisations through restructuring and to promote best management practices.

Contact Officer

Mr Chris McCarthy Community Services Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3152 Facsimile (06) 282 4553

4 2 4 — Recommendation Rrport,

CONFORMING WITH INTERNATIONAL OBLIGATIONS Recommendations 328 - 333

Recommendation 329

The Commonwealth responded:

This should be placed on the agenda for the Corrective Services Administra­ tors' W orking Party.

1992-93 report

The Commonwealth response to Royal Commission Recommendation 1 required that Commonwealth/State Ministerial Forums consider progress in implementing Royal Commission Recommendations falling within their sphere of interest. The Corrective Services Ministers’ Conference was required to place this Recommen­

dation on its agenda, for jurisdictional implementation.

This Recommendation was considered by the Corrective Services Ministers at their annual meeting in July 1992. Ministers resolved to continue to implement this Recommendation.

Ministers directed administrators (the heads of State and Territory Correctional Services Departments) to review the minimum standards relating to the accommo­ dation of prisoners in Australian States, having regard to the Recommendations arising out o f the Royal Commission. Administrators were asked to submit their recommendations for changes to the minimum standards to the next Conference of

Ministers. At their November 1992 meeting, administrators prepared a draft document for the next meeting of Ministers, though a date has not yet been fixed for this meeting. It may be held in late 1993 or early 1994.

The importance of jurisdictional consultation with both Aboriginal and Torres Strait Islander men and women was recognised at the Ministers for Corrections Conference o f July 1992.

Contact Officer

Ms Maureen Kelleher Community Protection Branch Attorney-General ’ s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

tu c o m n n v b tii» · B enoit»----- 425

Recommendation 330

The Commonwealth responded:

The Commonwealth suggests that the National Standards Body can conduct consultation through the Corrective Service Administrators' Working Party.

1992-93 report

See report on Recommendation 329, page 425.

In addition, Ministers resolved that it was not practical for the Ministerial Council, which meets annually, to maintain consultation with relevant Aboriginal and Torres Strait Islander organisations. However, individual State/Territory Ministers and administrators will continue to consult all relevant organisations, including Aboriginal and Torres Strait Islander organisations.

Contact Officer

Ms Maureen Kelleher Community Protection Branch Attorney-General’s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

4 2 6 — fieport.

Recommendation 331

The Commonwealth responded:

The Commonwealth suggests that the National Standards Body can arrange for the preparation of the guidelines through a Corrective Services Adminis­ trators' W orking Party.

1992-93 report

See report on Recommendation 329, page 425.

Contact Officer

Ms Maureen Kelleher Community Protection Branch Attorney-General’s Department Telephone (06) 270 2376 Facsimile (06) 270 2254

ttecommen^a*l«n »

Recommendation 332

The Commonwealth responded:

This issue is on the agenda o f the Australian Police M inisters’ Council. The Australian Federal Police is consulting all jurisdictions with a view to prepar­ ing a report to Council which will consolidate the view o f jurisdictions on the formulation and adoption o f minimum standards for police custodial facili­ ties.

The new cells at Jervis Bay will comply with accepted design standards and with Recommendations of the Royal Commission.

1992-93 report

The Commonwealth response to Royal Commission Recommendation 1 required that Commonwealth/State Ministerial Forums consider progress in implementing Royal Commission Recommendations falling within their sphere o f interest. The Australasian Police Ministers’ Council was required to place this Recommenda­ tion on its agenda, for jurisdictional implementation.

At the 24th meeting of the Council it noted that this Recommendation has been substantially implemented. Standard Guidelines for Police Custodial Facilities were developed in consultation with all jurisdictions. APMC has, where appropri­ ate, endorsed them as providing an indicative model for design and operation of custodial facilities in all jurisdictions.

The Jervis Bay police station complex was constructed under accepted design standards and is regarded as a model o f the application of the Royal Commission Recommendations. The building design was discussed and approved by the Chairman o f 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.

In preparation o f the Government response to this Recommendation, emphasis was placed on including women in the consultation process and women have been significantly represented in discussion groups. Indigenous men and women were consulted widely at the Commonwealth, State and Territory level in the implemen­

tation of this Recommendation.

4 2 8 — Recommendation »>ηη^|

Contact Officer

Mr D J Taylor Secretary Ministerial Council on the Administration of Justice Attorney-General ’ s Department

Telephone (06) 270 2426 Facsimile (06) 270 2291

Recommendation 333

The Commonwealth responded:

The Commonwealth supports the proposal that it should make a declaration under Article 22 of the Torture Convention and will consult with the States and Territories on this matter.

Australia acceded to the First Optional Protocol to the International Cov­ enant on Civil and Political Rights on 25 September 1991.

Funding has been provided for a unit in the Attorney-General’s Department to respond to complaints by Australians under the Optional Protocol.

1992-93 report

On 28 January 1993, Australia lodged a declaration with the United Nations accepting the optional complaint procedure under Article 22 of the Convention Against Torture.

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. Funding has been provided for a unit in the Attorney-General’s Department to respond to complaints by Australians under the Optional Protocol. 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 question of admissibility is being considered in relation to the final two complaints.

The Commonwealth Attorney-General wrote to all State and Territory Attomeys- General on 31 August 1992, requesting that they consider this Recommendation and provide a report on the implementation process at the October 1992 meeting of the Standing Committee of Attomeys-General. In October, Ministers noted progress reports provided by jurisdictions and agreed to further monitor and report on follow-up action.

4 3 0 — Recotnmtwfation fa g g ifr

At their meeting on 24 June 1993, Ministers again noted developments in the jurisdictions in their efforts to comprehensively implement this Recommendation. The Standing Committee of Attorneys-General will continue to be a forum of accountability, as Ministers agreed to monitor follow-up action and to report

progress at their meeting.

The Standing Committee has recognised that meaningful progress can only be achieved by incorporating the views of both Aboriginal and Torres Strait Islander men and women.

Implementation of this Recommendation has received extensive support from Aboriginal and Torres Strait Islander community groups, and their involvement in the monitoring of its application will continue to be sought.

Implementation of this Recommendation is therefore complete.

Expenditure in 1992-93 was $217,151.

Contact Officer

Ms Carolyn Adams Optional Protocol Unit Attorney-General’s Department Telephone (06) 250 5678 Facsimile (06) 250 5911

Rffwintnifatiwi 1 - 431

ADDRESSING LAND NEEDS Recommendations 3 34- 338

Recommendation 334

The Commonwealth responded:

This Recommendation is supported, and the Commonwealth will encourage its implementation in all jurisdictions.

The Commonwealth adopted a policy in 1986, after examining the scope for national land rights legislation, of encouraging the States to take action within their jurisdictions and in general accord with national principles.

While action relevant to this Recommendation has been taken by some State governments, the results to date, measured against the terms of the Recom­ mendation, have been patchy. It is noted that State responses to this Recom­ mendation have reflected this variety of experience.

The Federal Parliament, in the preamble to the Council fo r Aboriginal Reconciliation Act 1991, unanimously called for an ongoing national commit­ ment from governments at all levels to co-operate and co-ordinate with the Aboriginal and Torres Strait Islander Commission (ATSIC) as appropriate to address Aboriginal disadvantage and aspirations in relation to land as part of the reconciliation process. The Commonwealth will be seeking to foster further efforts to address land aspirations as an important part of the process of reconciliation.

ATSIC is developing a policy paper on land rights and land needs, and Recommendations o f the Royal Commission will be taken into account in the development o f that policy.

The Minister for Aboriginal and Torres Strait Islander Affairs and the Minister for Resources have begun consulting with the Western Australian Government, Aboriginal and Torres Strait Islander people and mining

interests about ways of improving relationships between Aboriginal and Torres Strait Islander people and the mining industry in that State. Land and heritage issues are central to these consultations, which will continue and, as appropriate, be extended to other States and Territories.

4 32 — famnmHBfctha Bn* 01**

The Commonwealth will take up with the States the adoption o f this and other Recommendations of the Royal Commission relating to land, to the extent that appropriate measures are not already in place.

1992-93 report

The Commonwealth undertook to ‘take up with the States the adoption o f this and other Recommendations

... relating to land, to the extent that appropriate measures are not already in place (page 1272, Volume 3 of the Response by Governments to the Recommendations of the Royal Commission).

In June 1992, the High Court brought down its decision in the case Eddie Mabo and Others v the State of Queensland. In its decision, the Court held that Australia was not terra nullius (land belonging to no-one) in 1788, but occupied by Aboriginal peoples and Torres Strait Islanders who had their own laws and customs; further, that the common law of Australia recognised a form of ‘native title’.

The Commonwealth Government introduced its Native Title Bill 1993 into Parliament on 16 November 1993, in response to the High Court decision on native title. In summary, the proposed legislation will give effect to the Government’s commitments by:

• validating past Government laws, acts and grants which may be invalid due to native title;

• recognising, protecting and setting standards for future dealings affecting native title;

• establishing a system to decide claims for native title and to assist in resolving conflicting interests in land; and

• providing for a land acquisition fund to meet the land needs o f Aboriginal peoples and Torres Strait Islanders.

The Commonwealth Bill allows native title claimants, if they wish, to seek the assistance of representative Aboriginal or Torres Strait Islander bodies when making claims or negotiating about land use of native title land.

The Government is also committed to the development of a social justice package over the course of 1994.

Bgcommemfation tooih — 4 3 3

Contact Officer

Mr Murray Chapman Land, Heritage and Environment Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3346 Facsimile (06) 285 2064

4 3 4 — Recommendation fe g g flj

Recommendation 335

The Commonwealth responded:

This Recommendation is broader than Recommendation 334 in that it relates to land needs rather than to claims to unalienated Crown land on the basis of cultural, historical and/or traditional association, and that it allows for non­ legislative as well as legislative action. It is supported by the Commonwealth,

and the comments made in respect o f Recommendation 334 are also relevant here.

Except for the recent Queensland land rights legislation, land needs have not been used as a criterion for the making of land claims.

The Aboriginal and Torres Strait Islander Commission Act 1979 recognises the importance of meeting such needs by providing for the Commission to exercise functions of granting interests in land and funds for the acquisition of land (ss. 14 and 15), and establishing a Regional Land Fund (s. 68) to which

Regional Councils can allocate funds.

In taking up with the States the adoption of this and other Recommendations of the Royal Commission relating to land, to the extent that appropriate measures are not already in place, the Commonwealth would draw attention to the desirability of providing land on a needs basis as well as on the basis of traditional association.

1992-93 report

The Aboriginal and Torres Strait Islander Commission has a policy o f providing funding to enable Aboriginal communities to acquire title to land (or other property) by either:

• providing loans/grants so the community may directly purchase the land; or

• where the community is not yet in a position to assume ownership responsi­ bilities, acquiring land on its behalf and later transferring title by way of a grant of interest in the land.

ATSIC currently holds title to 54 properties on behalf of Aboriginal and Torres Strait Islander organisations. A Land Divestment Unit was set up in March 1992

Recommendation Report! — 4 3 5

to facilitate transfer o f title to these organisations as early as possible. The unit aims to transfer title on 40 o f the 54 properties to Aboriginal groups in 1993-94. The process is expected to be complete by the end of 1995-96.

Since the High Court handed down its decision on native title in the Mabo case in June 1992, the Commonwealth has been engaged in extensive consultations at both Ministerial and official level with the major stakeholders, including Aboriginal and Torres S trait Islander people. These discussions have taken place in every State and Territory. In June 1993 the Government released a discussion paper to inform and

focus public debate on the complex issues raised by the High Court’s decision.

Recommendation reports 334,336,337,338, and the Aboriginal and Torres Strait Islander Commission's Land Acquisition and Management Program Report also relate to these matters.

C ontact O fficer

Mr Ron Wiber Commercial Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3511 Facsimile (06) 285 3677

4 3 6 ---- Recommendation

Recommendation 336

The Commonwealth responded:

This Recommendation is for the inclusion o f certain provisions within any legislation to grant land to Aboriginal people on the basis of cultural, historical and/or traditional association.

The Commonwealth supports the Recommendation, which is consistent with existing Commonwealth Government policy, and broadly reflects the intent of relevant aspects of the Aboriginal Land Rights (Northern Territory) A ct1976.

The Commonwealth will take up with the States the adoption of this and other Recommendations of the Royal Commission relating to land (to the extent that appropriate measures are not already in place).

1992-93 report

The Commonwealth supported this Recommendation, which was seen to be consistent with existing Government policy and broadly reflected the intent of relevant aspects of the Aboriginal Land Rights (Northern Territory) Act 1976. The Commonwealth announced its intention to

... take up with the States the adoption of this and other Recommendations ... relating to land ... (page 1282, Volume 3 of Response by Governments to the Recommendations of the Royal Commission).

Some State governments already have legislation which gives effect to the Recommendations of the Royal Commission.

It should be noted that these statutes were all enacted prior to the High Court decision on native title, handed down in June 1992. It is anticipated that the interaction o f land rights legislation with native title legislation will be further considered in 1994.

A summary of existing State legislation on Aboriginal land rights follows. It addresses how the various statutes conform to these Recommendations.

orts — 437

New South Wales The New South Wales Aboriginal Land Rights Act 1983 establishes a claims process whereby Aboriginal Land Councils (ALCs) can claim Crown lands not being lawfully used, occupied, needed or likely to be needed as residential land or for an essential purpose. ALCs may also purchase land on the open market. Lands vested in the former Aboriginal Lands Trust were automatically transferred to the

relevant ALC when the Act was proclaimed.

The preamble to the Act recognises prior ownership and occupation of land in NSW by Aboriginal people, acknowledges the importance of land to them, and accepts that earlier governments had progressively reduced without compensation the

amount of land set aside for them.

Title Land title for claims granted is held by the community rather than individuals either in fee simple, or by way of a lease in perpetuity. In each case, land cannot subsequently be sold, mortgaged or otherwise disposed of, but can be transferred to another ALC. Title is held by the ALC, a body corporate representing the Aboriginal community either individually (local ALC), or collectively (regional ALCs or the NSW ALC). Land can be leased to community members of the relevant ALC, under certain conditions. ALCs

can only sell land purchased on the open market, subject to ratification by the NSW ALC.

Control over access There is no explicit provision to enable title-holders to prevent unauthorised access to their lands. It is assumed that normal safeguards against trespass would apply.

Control of impact of development on cultural or social values Allows ALCs to control mining for minerals other than gold, silver, coal and petroleum. Existing claims, permits, licences etc continue to be valid, but new applications require consent of ALCs. Refusal of applications are not subject to appeal, but any consent of local ALCs require ratification by NSW ALC.

Victoria The Aboriginal Lands Act 1970 vested title to the Lake Tyers and Framlingham Reserves in corporate bodies established under the Act.

4 3 8 — Recommendation Reporfa

In 1987, the Commonwealth Parliament passed the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 in response to a request from the Victorian G overnm ent

The State Parliament also passed the Aboriginal Lands Act 1991, which transfers title in fee simple over three cemetery areas to Aboriginal control and the Aboriginal Land (Manatunga Land) Act 1992, which transfers title in fee simple over land at Robinvale to Aboriginal control.

Title Only the land rights statutes passed by the Victorian Parliament since 1990 grant inalienable freehold title. The 1970 Act provides for the land to become alienated through sale or mortgage, as well as through lease or exchange. The

1987 Act passed by the Commonwealth Parliament at the request of the State Government permits the lands to be transferred to another Aboriginal group provided there are no objections from community members. The lands can also be leased or licensed— in some cases only with Ministerial consent. The

Act does not explicitly exclude sale of land.

Control over access O f the Acts passed by the State, only the 1990 Act contains a provision to control access to the lands. The 1987 Act provides that the title-holding body can make by-laws to control access to the lands, including the charging of

entrance fees for visitors.

Control of impact of development on cultural or social values O f the Acts passed by the State, only the 1992 Act provides for control over developments in that the title-holding body grants mining consents. The 1987 Act provides for some control over development proposals in that communities have a power of refusal to allow mining on the lands, although

this is subject to arbitration processes.

Queensland Various provisions relating to Aboriginal land rights in Queensland are contained in the following Acts:

Aboriginal Land Act 1991 Torres Strait Islander Land Act 1991 Aborigines and Torres Strait Is. (Land Holding) Act 1985 Community Services (Aborigines) Act 1984

Recommendation R ep o rt·----- 4 3 9

Community Services (Torres Strait) Act 1984 Land Act 1962-1988 Land Act (Ab’l and Is. Land Grants) Amendment Act 1982 Local Government (Aboriginal Lands) Act 1978

The future role of the Aboriginal Community Councils, which formerly held title over deeds-of-grant-in-trust areas, is unclear.

Title Under the 1991 legislation, Aboriginal/Islander grantees are appointed to hold freehold title over former deeds-of-grant-in-trust lands, and also over lands granted as a result of a successful claim, for the benefit of the traditional owners. Lands can be leased or transferred but cannot be sold.

Control over access In contrast to the 1984 Community Services legislation, the 1991 Land Rights legislation has no specific provision for controlling access to the lands — although there are provisions which protect pre-existing access rights.

Control of impact of development on cultural or social values Grantees have a power of consent over exploration and mining, subject to the approval o f the traditional owners. The Land Court may arbitrate on difficulties.

South Australia South Australia has three statutes which provide Aboriginal communities with land rights, namely:

Aboriginal Lands Trust Act 1966 (the ALT Act) Pitjantjatjara Land Rights Act 1981 (the Pit Act) Maralinga Tjarutja Land Rights Act 1984 (the M T Act)

In each o f these Acts, a corporate body is created to hold title to the relevant areas of land being transferred. In the Pit and MT Acts, the title-holding bodies represent the local communities, unlike the Lands Trust which represents all Aboriginal people in the State.

Title In all three Acts, title is held collectively by the communities in fee simple. Under the ALT Act, land can be sold, leased or mortgaged— with Ministerial

4 4 0 ------ Recommendation Κηνιήι

consent, which is inconsistent with the principle of security of title (inalien­ ability). The Pit and MT Acts conform with the security of title principle, as neither permits alienation or compulsory acquisition/resumption under State law. The Pit/MT Acts allow leasing of land to certain categories of lessees for

varying periods.

Control over access The ALT Act does not have an explicit exclusion provision, although it is assumed that normal safeguards against trespass would apply. The Pit and MT Acts provide for control over access to Aboriginal lands in that the title­

holding body has the right to exclude all but the traditional owners, exempt persons and permit holders.

Control of impact of development on cultural or social values Under the ALT Act, right of entry to ALT land must be proclaimed by the Governor — control is therefore not in the hands of the communities. In the case of the Pit and MT Acts, the community has the power to reject new

applications for mining tenements, subject to an arbitration process. Mining interests in existence when the legislation was proclaimed are not affected.

Western Australia In Western Australia, the only currently operative statute dealing with Aboriginal title to land is the Aboriginal Affairs Planning Authority Act 1972. This establishes, among other things, an Aboriginal Lands Trust to acquire and hold land— whether in fee simple or otherwise — and to use and manage those lands for the benefit of persons of Aboriginal descent

The State Government was unsuccessful in a 1984 attempt to pass Aboriginal Land Rights legislation.

In 1986, the State Government announced a new administrative program by which Aboriginal communities on Aboriginal Lands Trust reserves would progressively be granted 99 year leases over those reserves. Other reserves, administered by the State’s Department of Community Services, would be transferred to the Aboriginal Lands Trust and similarly leased to the relevant community. Arrangements are also

in hand to facilitate the excision from pastoral leases of living areas for Aboriginal communities, and also the transfer of mission lands to Aboriginal control.

Recommendation Report» 4 4 1

Title The Aboriginal Affairs Planning Authority Act 1972 provides for the title­ holding body to represent Aboriginal people, although on a State-wide rather than a local basis. Title is not secure — it can be repealed by the Governor. Under the 1986 arrangements, the 99 year leases provide a slightly greater security of tenure.

Control over access The Act provides for some restrictions on access to Aboriginal lands.

Control of impact of development on cultural or social values There are no provisions in the Act to allow for community control over developments on Aboriginal lands. Applications for mining licences/ interests on Aboriginal Reserves can be processed without reference to the Act, although the Minister for Aboriginal Affairs must be consulted. The Minister for Mines is the final decision-maker. In this context, it should also be noted that neither the Aboriginal Lands Trust nor the Aboriginal Affairs Planning Authority are representative of the local community.

Tasmania At present, there is no land rights legislation in place in Tasmania.

Australian Capital Territory Aboriginal land rights in the Australian Capital Territory are provided by the Aboriginal Land Grant (Jervis Bay Territory) Act 1986. The Act established the Wreck Bay Aboriginal Community Council to hold title to the land.

Title The Act provides for title to be vested collectively in the community via the Council. The land cannot be sold or mortgaged, although it can be leased to community members for residential use. It can also be leased to non­ community members with Ministerial approval.

Control over access The Act provides for the Council to prohibit or restrict access to certain areas of significance, although public roads are excluded from these restrictions.

Control of impact o f development on cultural or social values The Council controls mining on Aboriginal land to the extent that any proposed mining activity requires a tripartite agreement between the Council, the Commonwealth and the mining proponent.

442 ---- Recommendation

Northern Territory The Commonwealth enacted the Aboriginal Land Rights (Northern Territory) Act 1976 on the basis of the recommendations and principles of the 1974 Woodward Report. They included security of title, vesting o f title in the local Aboriginal

community, community control over access to Aboriginal land, Aboriginal control over mining, and access to royalty equivalent payments.

In 1984, the Act was reviewed by Mr Justice Toohey who recommended certain changes to overcome administrative difficulties encountered during the time the Act had been in operation. Amendments passed as a result of the Toohey report do not alter those provisions relating to the Woodward principles.

The Northern Territory Legislative Assembly enacted the Pastoral Land Act 1992 to provide, among other things, for the excision o f Aboriginal community living areas from pastoral leases.

Title The Commonwealth legislation provides for the granting o f inalienable freehold title to Aboriginal Land Trusts, where land claims have been successful. The Territory legislation provides for the granting of a special

freehold title to an incorporated association in respect of community living areas excised from pastoral leases.

Control over access Under the Commonwealth legislation, it is an offence to enter and remain on Aboriginal land without consent from the relevant Land Council. There are some limited exceptions to these restrictions. There are no special restrictions

in the Territory legislation, perhaps because of the generally small size of the living areas concerned.

Control of impact of development on cultural or social values The Commonwealth legislation provides that exploration and mining can only take place:

(a) with the consent of the relevant Land Council (set up under the Act to manage the lands on behalf of the traditional owners) and the Federal Minister for Aboriginal and Torres Strait Islander Affairs; or

(b) if the Governor-General has declared that the national interest re­ quires that the exploration or mining occur

Recommendation Report» — 443

The Territory legislation prohibits exploration and mining within lkm o f the Aboriginal community living area.

Contact Officer

Mr Murray Chapman Land, Heritage and Environment Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 3346 Facsimile (06) 285 2064

4 4 4 ------ Recommendation Rppnffl

Recommendation 337

The Commonwealth responded:

Sub-recommendations (a) to (c) are concerned, either totally or in significant measure, with the provision of adequate funding for land acquisitions. They are relevant to Aboriginal and Torres Strait Islander Commission (ATSIC) Commissioners and to Regional Councils in the annual allocations of funds as

between programs, and to State and Territory Governments since they share responsibility for looking after the range of needs o f their Aboriginal and Torres Strait Islander people.

Because o f strong competing demands for available funds, ATSIC has been able to allocate only limited funds for land acquisition, and only a small proportion of needs have been able to be met. Expenditures from State and Territory sources on land acquisitions are understood to be small or non­

existent, except that New South Wales provides a source of funds for such purposes through the hypothecation of a proportion of land tax funds.

The Commonwealth is developing a proposal which would involve a co­ operative effort with State and Territory Governments for a substantial increase in land acquisitions, and in the provision of associated services and management.

Sub-recommendation (d) is one for implementation by State and Territory governments. In taking up with the States the adoption of this and other Recommendations of the Royal Commission relating to land (to the extent that appropriate measures are not already in place), the Commonwealth will draw attention to this aspect of the Recommendation. It will also draw attention to

those other aspects which fall within State and Territory jurisdictions such as legislating to expand the basis of claim for unalienated Crown land to encompass certain additional categories of need.

1992-93 report

Recommendation 337 (a) and (c) deal with the provision of funding for the purchase o f land on the open market. In 1992-93 ATSIC's total expenditure on land acquisition was $20.3m, which was the highest ever achieved since the Common­ wealth Government introduced such programs in the early 1970s. The additional

Recommendation Reports 4 4 5

funds available during 1992-93 for land acquisition as a result of the Government’s response to the Royal Commission amounted to some $6m.

Seventy-four properties were purchased for 57 community organisations in all States and the Northern Territory.

The allocation for land acquisition in 1993-94 is $14.6m, of which $6.073m or 42 percent, consists of funds made available as a result of the Government’s response to the Royal Commission.

In 1992-93 ATSIC developed a Strategic Plan and Guidelines for the Land Acquisition Program. These were approved by the Board of Commissioners and came into operation on 1 July 1993. Under the strategy, there will be a greater emphasis placed on acquiring properties that can help improve economic opportu­ nities for Aboriginal peoples and Torres Strait Islanders. As part of this strategy, a National Land Needs Register will be developed to help plan and promote an equitable distribution of program funds.

Recommendation 337 (b) deals with the question of providing Aboriginal and Torres S trait Islander communities with secure title to land. Title to most properties that have been purchased for Aboriginal and Torres Strait Islander communities is held by them. There are, however, a considerable number of property titles held by ATSIC.

Land of cultural, historical or traditional association often comes on to the market when there is no Aboriginal or Torres Strait Islander organisation able to accept responsibility for the ownership of that land. ATSIC has a general policy of acquiring the freehold title and holding it on behalf of the traditional owners until such time as an incorporated body exists which is willing and capable of accepting the responsibilities of ownership.

As part of this process ATSIC ensures that:

* the land is adequately protected during its period of ownership;

an organisation is created or developed which is capable o f taking over responsibility; and

funding is made available to the organisation taking over responsibility such that cultural, historical and traditional attributes are preserved within a framework of environmental and economic sustainability.

446 --- Recommendation Bepnrt|

ATSIC set up a Land Divestment Unit in March 1993 to facilitate the transfer of title to the 54 properties it owns to Aboriginal and Torres Strait Islander commu­ nities. The unit’s work in the 1992-93 year concerned classification of the properties and the gathering of relevant material to help implement a divestment

strategy. The unit aims to transfer title on 40 of the 54 properties to Aboriginal and Torres Strait Islander communities in 1993-94. The process is expected to be complete by the end of 1995-96.

The Bureau of Resource Sciences has prepared a national overview of Aboriginal- owned lands. It is to be used to underpin the development of a Rural Industries Strategy and should be of general use in the acquisition and management of land for Aboriginal peoples and Torres Strait Islanders. The report included maps

showing:

• the Aboriginal and Torres Strait Islander Estate;

• the location and size of Aboriginal population centres;

• the distribution of sheep, cattle and wild animal resources; and

• broad-scale information on soils and vegetation.

The information was compiled in a geographical information system and is being maintained by the National Resource Information Centre.

The Commonwealth’s discussion paper on the Mabo decision (June 1993), The High Court Decision on Native Title recognised that the decision would not adequately compensate for the disadvantages suffered by Aboriginal and Torres Strait Islander people from the dispossession of their land, and that many would

receive no direct benefit from the decision. The paper proposed a land acquisition fund. Since then ATSIC officers have worked closely with representatives o f Land Councils and other Aboriginal and Torres Strait Islander organisations on appro­ priate administrative arrangements for a National Land Fund. The model being

developed seeks to balance Aboriginal and Torres Strait Islander decision-making and control with the need to harness the skills and experience of property experts, pastoral managers and investment bankers.

Recommendation reports 334,335,336,338, and the Aboriginal and Torres Strait Islander Commission Land Acquisition and Management Program Report also relate to these matters.

Recommendation Report» ------ 4 4 7

Contact Officer

Mr Ron W iber Commercial Branch Aboriginal and Torres Strait Islander Commission Telephone (06) 289 343511 Facsimile (06) 285 433677

448 — Recommendation

THE PROCESS OF RECONCILIATION Recommendation 339

Recommendation 339

The Commonwealth responded:

The Commonwealth believes that this final Recommendation must be adopted for urgent implementation by all governments. It is the state of the relation­ ship between the Aboriginal and non-Aboriginal communities of the nation that has led to the wasted lives that resulted in the Royal Commission. It is our collective national response to the need for the establishment of a proper and just basis to this relationship that will determine the effectiveness of the

responses to the other 338 Recommendations in the long term. There can be no half measures, half-hearted adoption, or partial response to the spirit of this, the ultimate Recommendation of the Royal Commission. It is simply too important for the future of the nation.

Across the country, State and Territory political leaders, representatives of a broad cross-section of the national leadership, key Aboriginal and Torres Strait individuals, organisations and the Aboriginal and Torres Strait Is­ lander Commission have committed their support to the process of reconcili­ ation. They want to begin the healing and the repair based on a commitment to justice for Aboriginal Australians. The Parliament of Australia has unanimously, across the party lines that divide our nation on other issues, given its support to the process. The process has begun and the Parliament has set the centenary of Federation, in the year 2001, as a target date to achieve a

reconciliation between the Aboriginal and the non-Aboriginal communities in Australia.

Still, it must be stressed that this initial step is not enough. Commissioner Elliott Johnston QC noted that ‘great patience is required, especially on the non-Aboriginal sid e ... the process may falter at times; appear to get lost; but it can be pulled up again and survive if we are cool and negotiate with open minds and as with equals’. It is this fundamental shift in the relationship that is needed and that will be difficult to first gain and then sustain.

450 — Recommendation Rppnf+T

The process of reconciliation has three fundamental principles as recognised unanimously by the Parliament in the Council fo r Aboriginal Reconciliation Act 1991:

• first, that there would be a decade-long commitment to promoting a deeper understanding by all Australians of the history, cultures, past dispossession and continuing disadvantage o f Aboriginals and Torres Strait Islanders and of the need to redress that disadvantage;

• second, that there would be a commitment to social justice for indig­ enous Australians through an ongoing national commitment to co­ operate to address Aboriginal and Torres Strait Islander disadvantage; and

• third, that there would be extensive consultation with Aboriginals and Torres Strait Islanders and the wider community as to whether recon­ ciliation would be advanced by a formal document or documents of reconciliation.

The Council for Aboriginal Reconciliation has now been appointed, after consultation with the Leader of the Opposition, Dr Hewson, the leader of the Australian Democrats, Senator Coulter and the Board of Commissioners of the Aboriginal and Torres Strait Islander Commission. Mr Patrick Dodson,

former Royal Commissioner, chairs the Council, with Sir Ronald Wilson as Deputy Chairperson. The 23 other Council members are Aboriginal, Torres Strait Islander and non-Aboriginal people from a wide spectrum of the community. The Council will have the role of charting the course of the

process o f reconciliation for the nation.

The Council will develop strategies for fulfilling the objectives of the reconcili­ ation process, and will make use of the information that is provided in the annual ‘State of the Nation’ report of the Human Rights and Equal Opportu­ nity Commission on Aboriginal human rights and social justice, as part of its

obligation to foster an ongoing national commitment to redress Aboriginal disadvantage.

Unless the process of reconciliation is given ongoing support by all govern­ ments and by the country as a whole, the responses to the other Recommen­ dations remain partial and incomplete. It is, as Commissioner Johnston described it, ‘the fundamental backdrop to reform and change’. It is therefore

necessary for all levels of Government not only to endorse the process but

Recommendation Report» ------ 4 5 1

participate in it, not only to support the initiative but actively to engage with it, and commit themselves to finding the means to further it within their own areas of influence. This is especially important for the local government sphere, given the focus in the Act on the need for action at the local level.

The Commonwealth will be seeking the urgent commitment of all State, Territory and local governments to enter into discussions at the highest level as to how they can play an active and co-operative role in the process, especially in relation to the call, in the Council for Aboriginal Reconciliation

Act, for a ‘national commitment to co-operate to address Aboriginal and Torres Strait Islander disadvantage’.

The Commonwealth Government wishes to conclude its response to this historic Royal Commission report by expressing its gratitude to the Commis­ sioners and all who supported them for their untiring efforts. It also seeks to re-affirm its commitment to implementing the agreed Recommendations of the Royal Commission.

In particular it wishes to endorse the final words of Commissioner Johnston in the National Report of the Royal Commission into Aboriginal Deaths in Custody, as a key objective of the process of reconciliation, that:

In the end, and perhaps together, Aboriginal and non-Aboriginal, the situation can be reached where this ancient, subtly creative Aboriginal culture exists in friendship alongside the non-Aboriginal culture. Such an achievement would be a matter of pride not only for all Australians but for all humankind.

1992-93 report

In September 1991, a decade-long process of reconciliation was launched with the passage of the Council fo r Aboriginal Reconciliation Act 1991, which established a Council for Aboriginal Reconciliation. The Act was passed with the unanimous support of the Federal Parliament.

At its first meeting in February 1992, the Council agreed on a vision of Australian society for 2001 to guide its work. The vision is:

a united Australia which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and provides justice and equity for all.

The Council’s three-year strategic plan came into force on 1 July 1992.

2 Recommendation Renort.

In addition to committing governments to important social justice, 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.

Joint responsibility agreements under the National Commitment to Improved Outcomes have been proposed for a number of functional areas, including housing, infrastructure, health and child care, and are expected to be further developed with State and Territory governments during 1993-94. Detailed negotiations are being conducted by ATSIC and the Department of Housing, Local Government and

Community Services, with all States and Territories on Aboriginal housing provision.

Members o f the Council for Aboriginal Reconciliation have met the Prime Minister, the Opposition Leader and most Premiers, Chief Ministers and State and Territory Opposition leaders.

The High Court decision on Native Title in June 1992 was welcomed by the Council for Aboriginal Reconciliation because the concept o f terra nullius was a stumbling block to reconciliation. The overturning of terra nullius signified a fundamental shift in the relationship between Aboriginal and Torres Strait Islander and the wider communities.

The Council views the High Court’s decision as an unprecedented opportunity to improve the relationship between indigenous Australians and the wider commu­ nity. The decision also provides an opportunity to invigorate the national commit­

ment by governments and the Australian people to bring about justice and equity for indigenous people and to examine further the constitutional and legal basis of the relationship. The Council held a joint conference with the Constitutional Centenary Foundation on 3-5 June 1993 on the position of indigenous peoples in national Constitutions.

The response to the Mabo decision in 1992-93 by some governments, industry spokespersons and prominent Australians and commentators has severely tested the reconciliation process. Throughout 1992-93 the Council sought to inform public discussion and media presentation of this issue and to encourage sectoral interests and State and Territory governments to respond to the decision from a

broader and longer-term national perspective.

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Part II

Appendices

APPENDIX 1 Recommendations of the Royal Commission into Aboriginal Deaths in Custody

for which the Commonwealth has or shares responsibility.

APPENDIX 2 Land Acquisitions sub-component (projects funded in 1992-93)

APPENDIX 3 Land Management sub-component (projects funded in 1992-93)

APPENDIX 4 Contract Employment Program for Aboriginals in Natural and Cultural Resource Management — projects 1992-93

APPENDIX 5 Aboriginal and Torres Strait Islander model for consultation

ADMwfcn — 4 5 7

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a. the implementation of the recommendations of this report, or such of them as receive the endorsement o f the Government;

b. proposals for changes to policies which affect the operation of the criminal justice system;

c. programs for crime prevention and social control which enhance Aboriginal self­ management and autonomy;

d. programs which increase the recruitment of Aboriginal people to the staff of criminal justice agencies; and

e. the dissemination of information on policies and programs between different agencies, and between parallel bodies in different States.

3. The Commission notes that some of the recommendations of this report, particularly those relating to the custodial environment, are particularly detailed. The monitoring of the implementation of recommendations could only be carried out in close liaison with the authorities responsible for implementing them. In order to ensure that the State Criminal Justice Advisory Committee is able to give informed advice to the Attorney-General or

Minister for Justice, it should be assisted by a small Secretariat, staffed by people with knowledge of Aboriginal interactions with the criminal justice system. The role of the Secretariat should be to provide information to the Advisory Committee, assist it in the development of policy proposals, and liaise on behalf (and at the direction of) the Committee with other agencies. The Secretariat should be located within the Department of Attorney- General or Minister for Justice but be accountable to the Advisory Committee on terms to be negotiated between Government and Aboriginal people but with the maximum degree of autonomy from Government as may be consistent with it fulfilling its function to assist the Advisory Committee to give informed, independent advice to Government

THE FINDINGS OF THE COMMISSIONERS AS TO THE DEATHS Recommendations 4 - 5

5. That Governments, recognising the trauma and pain suffered by relatives, kin and friends of those who died in custody, give sympathetic support to requests to provide funds or services to enable counselling to be offered to these people.

POST-DEATH INVESTIGATIONS Recommendations 6 - 40

6. That for the purpose of all recommendations relating to post-death investigations the definition of deaths should include at least the following categories:

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32. That the selection of the officer in charge of the police investigation into a death in custody be made by an officer of Chief Commissioner, Deputy Commissioner or Assistant Commissioner rank.

33. That all officers involved in the investigation of a death in police custody be selected from an Internal Affairs Unit, or from a police command area other than that in which the death occurred, and in every respect should be as independent as possible from police officers concerned with matters under investigation. Police officers who were on duty during the time of last detention of a person who died in custody should take no part in the investigation into

that death save as witnesses or, where necessary, for the purpose of preserving the scene of death.

40. That Coroners’ Offices in all States and Territories establish and maintain a uniform data base to record details of Aboriginal and non-Aboriginal deaths in custody and liaise with the Australian Institute of Criminology and such other bodies as may be authorised to compile and maintain records of Aboriginal deaths in custody in Australia.

ADEQUACY OF INFORMATION Recommendations 4 1 - 4 7

41 That statistics and other information on Aboriginal and non-Aboriginal deaths in prison, police custody and juvenile detention centres, and related matters, be monitored nationally on an ongoing basis. I suggest that responsibility for this be established within the Australian Institute of Criminology and that all custodial agencies cooperate with the Institute to enable it to carry out the responsibility. The responsibility should include at least the following functions:

a. maintain a statistical data base relating to deaths in custody of Aboriginal and non­ Aboriginal persons (distinguishing Aboriginal people from Torres Strait Islanders);

b. report annually to the Commonwealth Parliament; and

c. negotiate with all custodial agencies with a view to formulating a nationally agreed standard form of statistical input and a standard definition of deaths in custody. Such definition should include at least the following categories:

i. the death wherever occurring of a person who is in prison custody or police custody or detention as a juvenile;

iL the death, wherever occurring, of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper care whilst in such custody or detention;

iii. the death, wherever occurring, of a person who dies or is fatally injured in the process of police or prison officers attempting to detain that person; and

4 6 2 — — AnDwwjka

they adequately reflect Aboriginal perceptions and aspirations. In particular, it is recommended that authorities considering information gathering activities concerning Aboriginal people should consult with the Aboriginal and Torres Strait Islander Commission and other Aboriginal organisations, such as National Aboriginal and Islander Health Organisation or the National Aboriginal and Islander Legal Services Secretariat, as to the project

49. That proposals for a special national survey covering a range of social, demographic, health and economic characteristics of the Aboriginal population with full Aboriginal participation at all levels be supported. The proposed census should take as its boundaries

the Aboriginal and Torres Strait Islander Commission boundaries. The Aboriginal respondents to the census should be encouraged to nominate their traditional/contemporary language affiliation. I further recommend that the ATSIC Regional Councils be encouraged to use the special census to obtain an inventory of community infrastructure, assets and outstanding needs which can be used as data for the development of their regional plans.

50. That in the development of future national censuses and other data collection activity covering Aboriginal people, the Australian Bureau of Statistics and other agencies consult, at an early stage, with the Aboriginal and Torres Strait Islander Commission to ensure that full account is taken of the Aboriginal perspective.

51 That research funding bodies reviewing proposals for further research on programs and policies affecting Aboriginal people adopt as principal criteria for the funding of those programs:

a. the extent to which the problem or process being investigated has been defined by Aboriginal people of the relevant community or group;

b. the extent to which Aboriginal people from the relevant community or group have substantial control over the conduct of the research;

c. the requirement that Aboriginal people from the relevant community or group receive the results of the research delivered in a form which can be understood by them; and

d. the requirement that the research include the formulation of proposals for further action by the Aboriginal community and local Aboriginal organisations.

52. That funding should be made available to organisations such as Link Up which have the support of Aboriginal people for the purpose of re-establishing links to family and community which had been severed or attenuated by past Government policies. Where this service is being provided to Aboriginal people by organisations or bodies which, not being

primarily established to pursue this purpose, provide the service in conjunction with other functions which they perform, the role of such organisations in assisting Aboriginal people to re-establish their links to family and community should be recognised and funded, where appropriate.

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THE CRIMINAL JUSTICE SYSTEM: RELATIONS WITH POLICE R ecom m endation 60

60. That Police Services take all possible steps to eliminate:

a. violent or rough treatment or verbal abuse of Aboriginal persons including women and young people, by police officers;

b. the use of racist or offensive language, or the use of racist or derogatory comments in log books and other documents, by police officers; and

c. when such conduct is found to have occurred, it should be treated as a serious breach of discipline.

YOUNG PEOPLE AND THE JUVENILE JUSTICE SYSTEM Recommendation 62

62. That Governments and Aboriginal organisations recognise that the problems affect­ ing Aboriginal juveniles are so widespread and have such potentially disastrous repercussions for the future that there is an urgent need for Governments and Aboriginal organisations to negotiate together to devise strategies designed to reduce the rate at which Aboriginal juveniles are involved in the welfare and criminal justice systems and, in particular, to reduce

the rate at which Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care, detained, imprisoned or otherwise.

THE HARMFUL USE OF ALCOHOL AND OTHER DRUGS Recommendations 63 - 71

63. That having regard to the desirability of Aboriginal, people deciding for themselves what courses of action should be pursued to advance their well-being, the Aboriginal and Torres Strait Islander Commission (ATSIC) consider, in the light of the implementation of the National Aboriginal Health Strategy, the establishment of a National Task Force to focus on: ·

a. the examination of the social and health problems which Aboriginal people experience as a consequence of alcohol use;

b. the assessment of the needs in this area and the means to fulfil these needs; and

c. the representation of Aboriginal Health Services and other medical resources in such a project.

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69. That with the aim of assisting Aboriginal organisations to develop effective programs aimed at minimising the harm arising from alcohol and other drug use, priority be given by research funding bodies to research investigating the causal relationships between alcohol and other drugs, including their availability, and consequences on community well-being and criminal activity.

70. That organisations developing policies and programs addressing Aboriginal alcohol issues:

a. recognise the inadequacy of single factor explanations (such as the disease model of problematic alcohol use) of the causes of alcohol dependence and misuse among individuals; and

b. take into account the fact that multiple explanations are necessary to explain the causes of alcohol misuse and related problems at the community level. It is therefore inappropriate to focus too strongly on any one explanation to the exclusion of others.

71. That research funding bodies consider commissioning or otherwise sponsoring research investigating Aboriginal conceptualisations of the nature and causes of alcohol dependence and misuse and the prevention, intervention and treatment approaches which stem from these.

SCHOOLING Recommendation 72

72. That in responding to truancy the primary principle to be followed by Government agencies be to provide support, in collaboration with appropriate Aboriginal individuals and organisations, to the juvenile and to those responsible for the care of the juvenile; such support to include addressing the cultural and social factors identified by the juvenile and by those responsible for the care of the juvenile as being relevant to the truancy.

HOUSING AND INFRASTRUCTURE Recommendations 73 - 76

73. That the provision of housing and infrastructure to Aboriginal people in remote and discrete communities, including the design and location of houses, take account of their cultural perceptions of the use of living space, and that budgetary allocations include provision for appropriate architectural and town planning advice to, and consultation with, the serviced community.

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85. That:

(a) Police Services should monitor the effect of legislation which decriminalises drunken­ ness with a view to ensuring that people detained by the police officers are not being detained in police cells when they should more appropriately have been taken to alternative places of care;

(b) the effect of such legislation should be monitored to ensure that persons who would otherwise have been apprehended for drunkenness are not, instead, being arrested and charged with minor offences. Such monitoring should also assess the differences in police practices between urban and rural areas; and

(c) the results of such monitoring of the implementation of the decriminalisation of drunkenness should be made public.

87. That:

a. all Police Services should adopt and apply the principle of arrest being the sanction of last resort in dealing with offenders;

b. police administrators should train and instruct police officers accordingly and should closely check that this principle is carried out in practice;

c. administrators of Police Services should take a more active role in ensuring police compliance with directives, guidelines and rules aimed at reducing unnecessary custodies and should review practices and procedures relevant to the use of arrest or process by summons and in particular should take account of the following matters:

i. all possible steps should be taken to ensure that allowances paid to police officers do not operate as an incentive to increase the number of arrests;

iL a statistical data base should be established for monitoring the use of summons and arrest procedures on a State-wide basis noting the utilisation of such procedures, in particular divisions and stations;

iii. the role of supervisors should be examined and, where necessary, strengthened to provide for the overseeing of the appropriateness of arrest practices by police officers;

iv. efficiency and promotion criteria should be reviewed to ensure that advantage does not accrue to individuals or to police stations as a result of the frequency of making charges or arrests; and

v. procedures should be reviewed to ensure that work processes (particularly relating to paperwork) are not encouraging arrest rather than the adoption of other options such as proceeding by summons or caution; and

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96. That judicial officers and persons who work in the court service and in the probation and parole services and whose duties bring them into contact with Aboriginal people be encouraged to participate in an appropriate training and development program, designed to explain contemporary Aboriginal society, customs and traditions. Such programs should emphasise the historical and social factors which contribute to the disadvantaged position of many Aboriginal people today and to the nature of relations between Aboriginal and non­ Aboriginal communities today. The Commission further recommends that such persons should wherever possible participate in discussion with members of the Aboriginal community

in an informal way in order to improve cross-cultural understanding.

97. That in devising and implementing courses referred to in Recommendation 96 the responsible authorities should ensure that consultation takes place with appropriate Aborigi­ nal organisations, including, but not limited to, Aboriginal Legal Services.

99. That legislation in all jurisdictions should provide that where an Aboriginal defendant appears before a court and there is doubt as to whether the person has the ability to fully understand proceedings in the English language and is fully able to express himself or herself in the English language, the court be obliged to satisfy itself that the person has that ability. Where there is doubt or reservations as to these matters proceedings should not continue until a competent interpreter is provided to the person without cost to that person.

100. That governments should take more positive steps to recruit and train Aboriginal people as court staff and interpreters in locations where significant numbers of Aboriginal people appear before the courts.

104. That in the case of discrete or remote communities sentencing authorities consult with Aboriginal communities and organisations as to the general range of sentences which the community considers appropriate for offences committed within the communities by mem­ bers of those communities and, further, that subject to preserving the civil and legal rights of offenders and victims such consultation should in appropriate circumstances relate to sentences in individual cases.

105. That in providing funding to Aboriginal Legal Services Governments should recognise that Aboriginal Legal Services have a wider role to perform than their immediate task of ensuring the representation and provision of legal advice to Aboriginal persons. The role of the Aboriginal Legal Service includes investigation and research into areas of law reform in both criminal and civil fields which relate to the involvement of Aboriginal people in the system of justice in Australia. In fulfilling this role Aboriginal Legal Services require access to, and the opportunity to conduct, research.

106. That Aboriginal Legal Services recognise the need for maintaining close contact with the Aboriginal communities which they serve. It should be recognised that where charges are laid against individuals there may be a conflict of interests between the rights of the individual and the interests of the Aboriginal community as perceived by that community; in such cases,

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122 That Governments ensure that:

(a) Police Services, Corrective Services, and authorities in charge of juvenile centres recognise that they owe a legal duty of care to persons in their custody;

(b) that the standing instructions to the officers of these authorities specify that each officer involved in the arrest, incarceration or supervision of a person in custody has a legal duty of care to that person, and may be held legally responsible for the death or injury of the person caused or contributed to by a breach of that duty; and

(c) that these authorities ensure that such officers are aware of their responsibilities and trained appropriately to meet them, both on recruitment and during their service.

123. That Police and Corrective Services establish clear policies in relation to breaches of departmental instructions. Instructions relating to the care of persons in custody should be in mandatory terms and be both enforceable and enforced. Procedures should be put in place to ensure that such instructions are brought to the attention of and are understood by all officers and that those officers are made aware that the instructions will be enforced. Such

instructions should be available to the public.

125. That in all jurisdictions a screening form be introduced as a routine element in the reception of persons into police custody. The effectiveness of such forms and of procedures adopted with respect to the completion of such should be evaluated in the light of the experience of the use of such forms in other jurisdictions.

126. That in every case of a person being taken into custody, and immediately before that person is placed in a cell, a screening form should be completed and a risk assessment made by a police officer or such other person, not being a police officer, who is trained and designated as the person responsible for the completion of such forms and the assessment of

prisoners. The assessment of a detainee and other procedures relating to the completion of the screening form should be completed with care and thoroughness.

127. That Police Services should move immediately in negotiation with Aboriginal Health Services and Government health and medical agencies to examine the delivery of medical services to persons in police custody. Such examination should include, but not be limited to, the following:

(a) the introduction of a regular medical or nursing presence in a principal watch house in capital cities and in such other major centres as have substantial numbers detained;

(b) in other locations, the establishment of arrangements to have medical practitioners or trained nurses readily available to attend police watch houses for the purpose of identifying those prisoners who are at risk through illness, injury or self-harm at the time of reception;

4 7 4 — Apormtct*

(b) in developing such protocols, Police Services, Corrective Services and health authori­ ties with Aboriginal Legal Services should establish procedures for the transfer of such information and establish necessary safeguards to protect the rights of privacy and confidentiality of individual prisoners to the extent compatible with adequate care; and

(c) such protocols should be subject to relevant ministerial approval.

131. That where police officers in charge of prisoners acquire information relating to the medical condition of a prisoner, either because they observe that condition or because the information is voluntarily disclosed to them, such information should be recorded where it may be accessed by any other police officer with supervision of that prisoner. Such information should be added to the screening form referred to in Recommendation 126 or filed in association with it

CUSTODIAL HEALTH AND SAFETY Recommendations 132 -167

132 That:

(a) Police instructions should require that the officer in charge of an ongoing shift draw to the attention of the officer in charge of the incoming shift any information relating to the wellbeing of any prisoner or detainee and, in particular, any medical attention required by any prisoner or detainee;

(b) a written checklist should be devised setting out those matters which should be addressed, both in writing and orally, at the time of any such handover of shift; and

(c) Police Services should assess the need for an appropriate form or process of record keeping to be devised to ensure adequate and appropriate notation of such matters

133. That:

(a) all police officers should receive training at both recruit and in-service levels to enable them to identify persons in distress or at risk of death or injury through illness, injury or self-harm;

(b) such training should include information as to the general health status of the Aboriginal population, the dangers and misconceptions associated with intoxication, the dangers associated with detaining unconscious or semi-rousable persons and the specific action to be taken by officers in relation to those matters which are to be the subject of protocols referred to in recommendation 127;

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138 That police instructions should require the adequate recording in relevant journals, of observations and information regarding complaints, requests or behaviour relating to mental or physical health, medical attention offered and/or provided to detainees and any other matters relating to the wellbeing of detainees. Instructions should also require the recording of all cell checks conducted.

139 That:

(a) the emphasis in any consideration of proper systems for surveillance of those in custody should be on human interaction rather than on high technology. The psychological Impact of the use of such equipment on a detainee must be borne in mind, as should its impact on that person’s privacy. It is preferable that police cells be designed to maximise direct visual surveillance. Where such equipment has been installed it should be used only as a monitoring aid and not as a substitute for human interaction

between the detainee and his or her custodians; and

(b) police instructions specifically direct that, even where electronic monitoring cameras are installed in police cells, personal cells checks be maintained.

140 That as soon as practicable, all cells should be equipped with an alarm or intercom system which gives direct communication to custodians. This should be pursued as a matter of urgency at those police watch houses where surveillance resources are limited.

142 That the installation and/or use of padded cells in police watch houses for punitive purposes or for management of those at risk should be discontinued immediately.

143. All persons taken into custody, including persons detained for intoxication, should be provided with a proper meal at regular meal times. The practice operating in some jurisdictions of excluding persons detained for intoxication from being provided with meals

should be reviewed as a matter of priority.

144. That in all cases, unless there are substantial grounds for believing that the well being of the detainee or other persons detained would be prejudiced, an Aboriginal detainee should not be placed alone in a police cell Wherever possible an Aboriginal detainee should be accommodated with another Aboriginal detainee. The views of the Aboriginal detainee and such other detainee as may be affected should be sought Where placement in a cell alone is

the only alternative the detainee should thereafter be treated as a person who requires careful surveillance.

147. That Police instructions should be amended to make it mandatory for police to immediately notify the relatives of a detainee who is regarded as being ‘at risk* or who has been transferred to hospital

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detention of any Aboriginal inmate, and as to the protection of the rights of privacy and confidentiality of such inmates so far as is consistent with their proper care;

f. the establishment of detailed guidelines governing the exchange of information between prison medical staff, corrections officers and corrections administrators with respect to the health and safety of prisoners. Such guidelines must recognise both the rights of prisoners to confidentiality and privacy and the responsibilities of corrections officers for the informed care of prisoners. Such guidelines must also be public and be available to prisoners; and

g. the development of protocols detailing the specific action to be taken by officers with respect to the care and management of:

l. persons identified at the screening assessment on reception as being at risk or requiring any special consideration for whatever reason; it intoxicated or drug affected persons, or persons with drug or alcohol related conditions;

iii. persons who are known to suffer from any serious illnesses or conditions such as epilepsy, diabetes or heart disease;

iv. persons who have made any attempt to harm themselves or who exhibit, or are believed to have exhibited, a tendency to violent, irrational or potentially self- injurious behaviour;

v. apparently angry, aggressive or disturbed persons;

vi. persons suffering from mental illness;

vii. other serious medical conditions;

viii. persons on medication; and

ix. such other persons or situations as agreed.

158 That, while recognising the importance of preserving the scene of a death in custody for forensic examination, the first priority for officers finding a person, apparently dead, should be to attempt resuscitation and to seek medical assistance.

160 That:

(a) all police and prison officers should receive basic training at recruit level in resuscitative measures, including mouth to mouth and cardiac massage, and should be trained to know when it is appropriate to attempt resuscitation; and

(b) annual refresher courses in first aid be provided to all prison officers, and to those police officers who routinely have care of persons in custody.

480 ---ApDtnJct»

the institution but also in respect of welfare matters extending outside the institution, and that such an officer be located at or frequently visit each institution with a significant Aboriginal population.

176. That consideration should be given to the establishment in respect of each prison within a State or Territory of a Complaints Officer whose function is:

a. to attend at the prison at regular (perhaps weekly) intervals or on special request for the purpose of receiving from any prisoner any complaint concerning any matter internal to the institution, which complaint shall be lodged in person by the complainant;

b. to take such action as the officer thinks appropriate in the circumstances;

c. to require any person to make enquires and report to the officer;

d. to attempt to settle the complaint;

e. to reach a finding (if possible) on the substance of the complaint and to recommend what action if any, should be taken arising out of the complaint; and

f. to report to the complainant, the senior officer of the prison and the appointing Minister (see below) the terms of the complaint, the action taken and the findings made.

This person should be appointed by, be responsible to, and report to the Ombudsman, Attorney-General or Minister for Justice. Complaints receivable by this person should include, without in any way limiting the scope of complaints, a complaint from an earlier complainant that he or she has suffered some disadvantage as a consequence of such earlier complaint

178. That Corrective Services make efforts to recruit Aboriginal staff not only as correctional officers but to all employment classifications within Corrective Services.

184. That Corrective Services authorities ensure that all Aboriginal prisoners in all institutions have the opportunity to perform meaningful work and to undertake educational courses in self-development, skills acquisition, vocational education and training including education in Aboriginal history and culture. Where appropriate, special consideration should be given to appropriate teaching methods and learning dispositions of Aboriginal

prisoners.

185. That the Department of Employment Education and Training be responsible for the development of a comprehensive national strategy designed to improve the opportunities for the education and training of those in custody. This should be done in co-operation with state Corrective Services authorities, adult education providers (including in particular independ­ ent Aboriginal-controlled providers) and State departments of employment and education.

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193. That the Commonwealth Government, in negotiation with appropriate Aboriginal organisations devise a procedure which will enable Aboriginal communities and organisa­ tions to properly account to Government for funding but which will be least onerous and as convenient and simple as possible for the Aboriginal organisations and communities to operate. The Commission further recommends that State and Territory Governments adopt the same procedure, once agreed, and with as few modifications as may be essential for implementation, in programs funded by those Governments.

194. That Commonwealth, State and Territory Governments, in negotiation with appro­ priate Aboriginal communities and organisations, agree upon appropriate performance indicators for programs relevant to Aboriginal communities and organisations. The Commission further recommends that Governments fund Aboriginal organisations and communities to enable the appropriate level of infrastructure and training as is required to develop, apply and monitor performance indicators

195. That, subject to appropriate provision to ensure accountability to Government for funds received, payments by Government to Aboriginal organisations and communities be made on the basis of triennial rather than annual or quarterly funding.

196. That whilst Governments are entitled to require a proper system for accounting of funds provided to Aboriginal organisations and communities, those organisations and communities are equally entitled to receive a full explanation of the funding processes which are adopted by Governments. The Commission recommends that Governments ensure that Aboriginal communities and organisations are given prompt advice, in writing and in plain English or, where appropriate, in Aboriginal languages, as to decisions concerning funding applications and as to financial and other matters relevant to the assessment of applications for funding made by those organisations and communities so as to enable those organisations and communities to make appropriate planning decisions.

197. The Aboriginal and Torres Strait Islander Commission Councillors and Commission­ ers at an early stage be encouraged to consult with Aboriginal organisations and communities to develop a program for training staff of Aboriginal organisations and communities in appropriate management and accounting procedures to ensure the efficiency and integrity of

the organisations which are culturally appropriate. In particular, there should be a commitment to devising management procedures which provide rules for the relationship, obligations and rights, both individually and between each other, of directors, managers and staff of Aboriginal organisations.

198. That Governments commit themselves to achieving the objective that Aboriginal people are not discriminated against in the delivery of essential services and, in particular, are not disadvantaged by the fact that the low levels of income received by Aboriginal people reduce their ability to contribute to the provision of such services to the same extent as would be possible by non-Aboriginal Australians living in similar circumstances and locations.

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in the local area. It is critical that the processes by which plans are developed are culturally sensitive, unhurried and holistic in approach, and that adequate information on the following matters is made available to participants:

a the range of Aboriginal needs and aspirations;

b the opportunities created by Government policies or programs:

c. The opportunities and constraints in the local economy; and

d. the political opportunities to influence the local arena

ACCOMMODATING DIFFERENCE: RELATIONS BETWEEN ABORIGINAL AND NON-ABORIGINAL PEOPLE Recommendations 205 - 213

205. That:

(a) Aboriginal media organisations should receive adequate funding, where necessary, in recognition of the importance of their function;

(b) all media organisations should be encouraged to develop codes and policies relating to the presentation of Aboriginal issues, the establishment of monitoring bodies, and the putting into place of training and employment programs for Aboriginal employees in all classifications.

206. That the media industry and media unions be requested to consider the establishment of and support of an annual award or awards for excellence in Aboriginal affairs reporting to be judged by a panel of media, union and Aboriginal representatives.

207. That institutions providing journalism courses be requested to:

a. ensure that courses contain a significant component relating to Aboriginal affairs thereby reflecting the social context in which journalists work; and

b. consider, in consultation with media industry and media unions, the creation of specific units of study dedicated to Aboriginal affairs and the reporting thereof.

208. That, in view of the fact that many Aboriginal people throughout Australia express disappointment in the portrayal of Aboriginal people by the media, the media industry and media unions should encourage formal and informal contact with Aboriginal organisations, including Aboriginal media organisations where available. The purpose of such contact should be the creation of a better understanding , on all sides, of issues relating to media treatment of Aboriginal affairs.

486 -----AoDendica

n i ties, organisations and groups in devising appropriate procedures for the sensitive policing of public and private locations where it is known that substantial numbers of Aboriginal people gather or live.

215. That Police Services introduce procedures, in consultation with appropriate Aborigi­ nal organisations, whereby negotiation will take place at the local level between Aboriginal communities and police concerning police activities affecting such communities including:

(a) the methods of policing used, with particular reference to police conduct perceived by the Aboriginal community as harassment or discrimination;

(b) any problems perceived by Aboriginal people; and

(c) any problems perceived by police. Such negotiations must be with representative community organisations, not Aboriginal people selected by the police, and must be frank and open, and with a willingness to discuss issues notwithstanding the absence of formal complaints.

219. The Australian Law Reform Commission’s Report on the Recognition of Aboriginal Customary Law was a significant, well-researched study, the Royal Commission received requests from Aboriginal people through the Aboriginal Issues Units regarding the progress in implementation of the recommendations made by the Australian Law Reform Commission and in some cases from communities which have made proposals to the Law Reform Commission. This Commission urges Government to report as to the progress in dealing with this Law Reform Report.

221. That Aboriginal people who are involved in community and police initiated schemes such as those referred to in Recommendation 220 should receive adequate remuneration in keeping with their important contribution to the administration of justice. Funding for the payment of these people should be from allocations to expenditure on justice matters, not from the Aboriginal affairs budget

222. That the National Police Research Unit make a particular study of efforts currently being made by Police Services to improve relations between police and Aboriginal people with a view to disseminating relevant information to Police Services and Aboriginal communities and organisations, as to appropriate initiatives which might be adopted.

223. That Police Services, Aboriginal Legal Services and relevant Aboriginal organisations at a local level should consider agreeing upon a protocol setting out the procedures and rules which should govern areas of interaction between police and Aboriginal people. Protocols, among other matters, should address questions of:

a. notification of the Aboriginal Legal Service when Aboriginal people are arrested or detained;

488 Ac Den d i m

i. that the investigation of complaints should be undertaken either by appropriately qualified staff employed by the authority itself, or by police officers who are, for the purpose of and for the duration of the investigation, under the direction of and answerable to, the head of the independent authority;

j. that in the course of investigations into complaints, police officers should be legislatively required to answer questions put to them by the head of the independent authority or any person acting on his/her behalf but subject to further legislative provisions that any statements made by a police officer in such circumstances may not be used against him/ her in other disciplinary proceedings; and

k. that legislation ensure that the complaints body has access to such files, documents and information from the Police Services as is required for the purpose of investigating any complaint

227. That the Northern Territory Police Service School-based Program be studied by other Police Services and that the progress and results of the program should be monitored by those services.

228. That police training courses be reviewed to ensure that a substantial component of training both for recruits and as in-service training relates to interaction between police and Aboriginal people. It is important that police training provide practical advice as to the conduct which is appropriate for such interactions. Furthermore, such training should incorporate information as to:

(a) the social and historical factors which have contributed to the disadvantaged position in society of many Aboriginal people;

(b) the social and historical factors which explain the nature of contemporary Aboriginal and non-Aboriginal relations in society today; and

(c) the history of Aboriginal police relations and the role of the police as enforcement agents of previous policies of expropriation, protection and assimilation.

229. That all Police Services pursue an active policy of recruiting Aboriginal people into their Services, in particular recruiting Aboriginal women. Where possible Aboriginal recruits should be inducted in groups.

230. That where Aboriginal applicants wish to join a service who appear otherwise to be suitable but whose general standard of education is insufficient, means should be available to allow those persons to undertake a bridging course before entering upon specific police training.

490 — A cu en d irei

240. That:

a. police administrators give police officers greater encouragement to proceed by way of caution rather than by arrest, summons or attendance notice;

b. that wherever possible the police caution be given in the presence of a parent, adult relative or person having care and responsibility for the juvenile; and

c. that if a police caution is given other than in the presence of any such person having care and responsibility for the juvenile such person be notified in writing of the fact and details of the caution administered.

242. That, except in exceptional circumstances, juveniles should not be detained in police lockups. In order to avoid such an outcome in places where alternative juvenile detention facilities do not exist, the following administrative and, where necessary, legislative steps should be taken:

a. police officers in charge of lockups should be instructed that consideration of bail in such cases be expedited as a matter of urgency;

b. if the juvenile is not released as a result of a grant of bail by a police officer or Justice of the Peace then the question of bail should be immediately referred (telephone referral being permitted) to a magistrate, clerk of Court or such other person as shall be given appropriate jurisdiction so that bail can be reconsidered;

c. Government should approve informal juvenile holding homes, particularly the homes of Aboriginal people, in which juveniles can lawfully be placed by police officers if bail is in fact not allowed; and

d. if in the event a juvenile is detained overnight in a police lockup every effort should be made to arrange for a parent or visitor to attend and remain with the juvenile whether pursuant to the terms of a formal cell visitor scheme or otherwise.

Such steps shall be in addition to notice that the officer in charge of the station should give to parents, the Aboriginal Legal Service or its representative

TOWARDS BETTER HEALTH Recommendations 2 4 6 -2 7 1

246. That the State, Territory and Commonwealth Governments act to put an end to the situation where insufficient accurate and comprehensive information on inputs to and activities of Aboriginal health programs is available. Such information is needed if Aboriginal organisations, Governments and the community are to be in a position to understand and monitor what is taking place in this area, to estimate the benefits derived therefrom and to develop appropriate policies and programs to address existing and newly emerging needs.

” Appendices

249. That the non-Aboriginal health professionals who have to serve Aboriginal people who have limited skills in communicating with them in the English language should have access to skilled interpreters.

250. That effective mechanisms be established for communicating vital information about patients, between the mainstream and Aboriginal community based health care services. This m ust be done in an ethical manner, preserving the confidentiality of personal information and with the informed consent of the patients involved. Such communication should be a two-way

process.

251. That access to health care services and facilities, including specialised diagnostic facilities, in areas of Aboriginal population should be brought up to community standards. The greater needs, for the time being, of Aboriginal people should be fully recognised by the responsible authorities in their consideration of the allocation of staff and equipment.

252. That hospitals that are regularly attended by Aboriginal people should review existing procedures in casualty, in consultation with Aboriginal Health and Medical Services, to reduce the likelihood of Aboriginal patients receiving ineffective diagnosis and treatment. The usefulness of standard protocols in such situations should be explored in the reviews.

253. That the physical design of and methods of operating health care facilities be attuned to the needs of the intended patients. Particularly where high concentrations of Aboriginal people are found, their special needs in these regards should be taken into consideration. The involvement of Aboriginal people in the processes of designing such facilities is highly desirable.

254. That health departments and other mainstream health authorities accept as policy, and implement in practice, the principle that Aboriginal people should be involved in meaningful ways in decision making roles regarding the assessment of needs and the delivery of health services to the Aboriginal community. One application of this principle is that efforts should be made to see that Aboriginal people are properly represented on the boards of

hospitals serving areas where Aboriginal patients will be a significant proportion of hospital clients.

255. That the holding of negative stereotypes of both Aboriginal people and people with drinking problems be addressed through effective staff selection and supervision, along with pre-service and in-service education, to reduce the ignorance, and through clear instructions by em ploy ing authorities that such stereotyping of Aboriginal people and those with drinking problems will not be tolerated in the health care setting.

256. That more Aboriginal staff be employed through affirmative action programs as health care workers (and, indeed, in other capacities such as support staff) in those main­ stream health care facilities which serve Aboriginal clients and patients and that their

494 ----- Appendices

264. That:

a. there be a substantial expansion in Aboriginal mental health services within the framework of the development, on the basis of community consultation, of a new national mental health policy;

b. there be close scrutiny by those developing the national policy of the number of models that exist for such expansion; and

c. Aboriginal people be fully involved in the policy development and implementation process.

265. That as an immediate step towards overcoming the poorly developed level of mental health services for Aboriginal people, priority should be given to complementing the training of psychiatrists and other non-Aboriginal mental health professionals with the development of a cadre of Aboriginal health workers with appropriate mental health training, as well as their general health worker training. The integration of the two groups, both in their training and in mental health service delivery, should receive close attention. In addition, resources should be allocated for the training and employment of Aboriginal mental health workers by Aboriginal health services.

266. That the linking or integrating of mental health services for Aboriginal people with local health and other support services be a feature of current and expanded Aboriginal mental health services.

267. That aerial medical services and the appropriate authorities review the effectiveness of practices relating to medical diagnosis at a distance, for example, by radio or telephone, and consider the implementation of standard diagnostic protocols, where they are not currently being used.

268. That the National Health and Medical Research Council actively stimulate research into health concerns identified as priorities by appropriate Aboriginal health advisory bodies (such as the proposed Council of Aboriginal Health), particularly research that involves Aboriginal people at both the development and implementation stages.

269. That compliance with the National Health and Medical Research Council’s Advisory Notes on Aboriginal health research ethics be a condition of Aboriginal health research funding from all sources.

270. That:

a. Aboriginal people be involved in each stage of development of Aboriginal health statistics; and

b. appropriate Aboriginal health advisory bodies (such as the proposed Council of

496 ----- A ppendim

287. That the Commonwealth, States and Territories give higher priority to the provision of alcohol and other drug prevention, intervention and treatment programs for Aboriginal peop le which are functionally accessible to potential clients and are staffed by suitably trained workers, particularly Aboriginal workers. These programs should operate in a manner such that they result in greater empowerment of Aboriginal people, not higher levels of dependence on external funding bodies.

288. That all workers, both Aboriginal and non-Aboriginal, involved in providing alcohol and other drug programs to Aboriginal people, receive adequate training. Priority training needs include:

a. relevant cross-cultural awareness and communication training for non-Aboriginal workers such as health and welfare staff who provide services to Aboriginal people; and

b. skills training for Aboriginal alcohol and other drug treatment workers, particularly those who have recovered from alcohol problems themselves but have no formal training in the area.

EDUCATING FOR THE FUTURE Recommendations 289 - 299

289. That:

a. Governments, State Aboriginal Education Consultative Groups and local Aboriginal Education Consultative Groups should pay great attention to the fact that the scope of the National Aboriginal and Torres Strait Islander Education Policy extends to pre schooling programs and that it should be recognised that to a considerable extent the success of the whole National Aboriginal Education Policy will turn on the success of the preschooling initiatives; and

b. that preschooling programs should have as a major aim the involvement not only of the children, but of the parents or those responsible for the care of the children.

290. That curricula of schools at all levels should reflect the fact that Australia has an Aboriginal history and Aboriginal viewpoints on social, cultural and historical matters. It is essential that Aboriginal viewpoints, interests, perceptions and expectations are reflected in curricula, teaching and administration of schools.

291. That:

a. In designing and implementing programs at a local level which incorporate Aboriginal viewpoints on social, cultural and historical matters local schools should, wherever

498 ------ A p p e n d i n g

296. That:

a. Aboriginal Education Consultative Groups (AECG) consider such processes which m ight allow communities and teachers to negotiate and agree upon the role of teachers at local community level; and

b. Governments, AECGs and, where appropriate, unions explore processes which will enable teachers, pupils and parents to negotiate guidelines for the teaching of Aborigi­ nal students and the employment and conditions of teachers on local communities.

297. That:

a. the vital role which Aboriginal Education Workers - or persons performing a similar role but with another title - can play in ensuring effective Aboriginal participation in the education system be recognised;

b. Aboriginal Education Workers be given the recognition and remuneration which their role merits and that it be recognised that they suffer from conflicting expectations of community and Department as to their role; and

c. it be understood that there is a need for them to have accountability to the Aboriginal community as well as to their employer.

298. That

a. Governments support Aboriginal-community-controlled adult education institutions and other institutions which provide a program of courses which have the support of the Aboriginal community;

b. Governments accept that courses delivered by such institutions should be regarded as courses entitling students to such payments or allowances as would be their entitlement in the event that they were participating for the same or equivalent time in a Technical and Further Education (TAPE) course; and

c. it be recognised that owing to the substantial historical educational disadvantage which Aboriginal people have experienced, a course for Aboriginal students may necessarily be longer than might be the case if the course were provided to non­ Aboriginal students.

299. That:

a. at every stage of the application of the National Aboriginal Education Policy the utmost respect be paid to the first long-term goal expressed in the policy, that is:

a. to establish effective arrangements for the participation of Aboriginal parents and community members in decisions regarding the planning, delivery, and evaluation of preschool, primary and secondary education services for their children.

5 0 0 — ABBgufca

for particular training programs must be better attuned to the particular needs expressed by local Aboriginal groups in their regional and community plans, and the skill requirements of the local labour market.

305. That the emphasis on public sector recruitment of Aboriginal people should be continued. The emphasis should be not only to achieve a target total figure, but a target for Aboriginal employment at all levels in the public sector. The adoption of such latter targets involves the provision of training opportunities. The emphasis should be directed at the whole of the public sector including statutory authorities and Government owned businesses and

not designed merely to provide opportunities for employment within areas of service delivery to Aboriginal people (although it is very important to have Aboriginal people employed in those areas).

306. That Governments attempt to encourage Aboriginal employment in the private sector, but until the private sector level of Aboriginal employment reaches an acceptable level, Governments should be prepared to set targets for recruitment into the public sector at somewhat higher target figures than would reflect the proportionate representation of

Aboriginal people in the population.

307. That Commonwealth, State and Territory Governments adopt a fair employment practice in relation to the letting of Government contracts, which gives preference to those tenderers who can demonstrate that they have adopted and implemented a policy of employing Aboriginal persons in their workforce.

308. That Commonwealth and State Governments give consideration to establishing a body made up of representation from Government (Department of Employment, Education and Training and Aboriginal and Torres Strait Islander Commission, as well as State Govern­ ments) and Australian employer and employee peak bodies to discuss, with a view to setting

in motion, a process of implementing the aims of the Aboriginal Employment Development Policy in the private sector.

309. That increased funding be allocated to the establishment of local employment promo­ tion committees comprised of representatives of Aboriginal groups, local employers, Govern­ ment departments and unions to:

a. develop and implement suitable promotional marketing campaigns aimed at the total labour market;

b. lobby for local initiatives in improving employment options and broadening local understanding of the needs and aspirations of Aboriginal people in the region; and

c. increase the understanding in the Aboriginal community of the possible local employ­ ment options, the nature of the work involved and the skills required.

5 0 2 — A ppendices

315. That the recommendations submitted to the Conservation and Land Management meeting (held at Millstream on 6-8 August 1990) by representatives of Aboriginal communi­ ties and organisations be implemented in Western Australia upon terms to be negotiated between Aboriginal people and appropriate Aboriginal organisations and communities on the one hand and National Park authorities on the other so as to protect and preserve the rights and interests of Aboriginal people with cultural, historical and traditional association with National Parks. The recommendations proposed at the Millstream meeting were:

a. the encouragement of joint management between identified and acknowledged representatives of Aboriginal people and the relevant State agency;

b. the involvement of Aboriginal people in the development of management plans for National Parks;

c. the excision of areas of land within National Parks for use by Aboriginal people as living areas;

d. the granting of access by Aboriginal people to National Parks and Nature Reserves for subsistence hunting, fishing and the collection of material for cultural purposes (and the amendment of legislation to enable this, where necessary);

e. facilitating the control of cultural heritage information by Aboriginal people;

f. affirmative action policies which give preference to Aboriginal people in employment as administrators, rangers, and in other positions within National Parks;

g. the negotiation of lease-back arrangements which enable title to land on which National Parks are situated to be transferred to Aboriginal owners, subject to the lease of the area to the relevant State or Commonwealth authority on payment of rent to the Aboriginal owners;

h. the charging of admission fees for entrance to National Parks by tourists;

i. the reservation of areas of land within National Parks to which Aboriginal people have access for ceremonial purposes; and

j. the establishment of mechanisms which enable relevant Aboriginal custodians to be in control of protection of and access to sites of significance to them.

316. That the relevant Governments, in consultation with relevant Aboriginal organisa­ tions give consideration to funding the establishment of a small unit, comprising Aboriginal people drawn from northern Western Australia, the Northern Territory and northern Queensland, which would be based in the northern part of the country. The function of the unit would be to study, in consultation with the residents of remote communities in those areas, the means of achieving greater self-sufficiency in those communities. The Unit would have the task of keeping remote communities advised of successful initiatives achieved in other communities and assisting remote communities in the preparation of their community plans, so as to assist them in developing economic independence, or at least a greater degree of self sufficiency.

5 0 4 -----Appendirc»

Equity Considerations

d. the improved policing of payments under CDEP to ensure that all participants in CDEP receive an income equivalent to Unemployment Benefit regardless of work actually performed, subject to the participants’ performance of their obligations under the scheme;

e. addressing issues of access to income, and meaningful work activities for women participants in CDEP;

Administrative and Financial Management Support

f. the enhanced involvement of Aboriginal controlled organisations and resource agen­ cies in the provision of administrative expertise and advice in the operation of particular schemes;

g. improvements in the financial control systems for CDEP and provision for the training of CDEP managers in the maintenance of financial controls;

h. initiatives for the development of Aboriginal and Torres Strait Islander Commission (ATSIC) staff training in negotiation and consultation skills, and in cultural sensitivity, in order to improve the effectiveness and minimise the burden of consultation and support provided by ATSIC to communities on CDEP;

Training and Employment Potential

i. an improved level of training and planning support for projects, and for the develop­ ment of medium and long term plans for CDEP projects which reflect the aspirations of participants for access to mainstream employment opportunities, enterprise devel­ opment or culturally appropriate work;

j. increased coordination between ATSIC and the Department of Employment, Educa­ tion and Training in respect of the training requirements of both new and ongoing CDEP projects, and in relation to the enterprise development potential of CDEP projects; and

k. the dissemination of information to Aboriginal communities who are on CDEP or who are planning to apply to receive CDEP funds about successful work programs undertaken by other communities under CDEP.

320. That further research be undertaken in relation to:

a. the particular economic circumstances of Aboriginal people in discrete geographical areas, in order to:

i. determine the contribution which Aboriginal people make to the local or regional economy;

506 ----- Aopgndk-w

324. That the model which Tangentyere Council offers for integrating the various service delivery and administrative needs associated with Aboriginal housing be studied in other regions.

325. That the question of providing assistance to Aboriginal housing organisations in relation to administration costs and the cost of repair of housing stock receive close attention. In this respect the Community Development Employment Projects scheme appears to offer an excellent opportunity for communities to solve some of the problems of the cost of housing repairs whilst at the same time providing work of a type that opens the way for training in important areas of skill development.

326. That in recognition of both the depressed economic conditions in many remote com m uni ties and the importance of Aboriginal participation in the control of new construction:

a. where Governments require tenders to be called for public works, they introduce procedures to enable Aboriginal communities to participate in the determination of the award of the construction contract;

b. such contracts should provide for the employment of labour from the community as far as is possible;

c. the training of local persons in preparation for employment pursuant to such contracts should be a high priority for training providers; and d. contracts should be let where possible to local tenderers, provided that their tender price is not unreasonably high.

Pending these arrangements being put in place, and with consequent improvements in income for housing organisations, Governments and authorities should take into account the need of housing organisations for assistance with their recent costs, in addition to funding for new dwellings.

327. That:

a. relevant Aboriginal training institutions and Aboriginal housing organisations, in consultation with the Department of Employment, Education and Training, devise and implement a strategy specifically directed to the training of Aboriginal people to build and maintain essential community infrastructure; and

b. this training program should be adequately coordinated with employment strategies established under the Aboriginal Education Development Policy and Community Development Employment Projects.

5 0 8 —

legislation and/or administrative direction, an accelerated process for the granting of land title based on need.

336. That unalienated crown land granted on the basis of cultural, historical and/or traditional association of Aboriginal people should be granted under inalienable freehold title and should carry with it the right of the Aboriginal owners to, inter alia:

a. determine who may enter the land and the terms of such entry; and

b. control the impact of development on the land in so far as such development may threaten the cultural and/or social values of the Aboriginal owners and their commu­ nities.

337. That Governments recognise that where appropriate unalienated Crown land is unavailable to be claimed on grounds of cultural, historical or traditional association with the land or where, due to the processes of the history of colonisation, Aboriginal people are no longer able to, nor seek to, make claims to particular areas of unalienated Crown land on the basis of cultural, historical or traditional association there remain land needs of Aboriginal

people which should be met by Governments. These needs should be accommodated by a process which:

a. enab les Aboriginal communities or groups to obtain secure title to unalienated Crown land or to purchase land for social, recreational and community purposes (including the obtaining of additional land in circumstances in which an Aboriginal community is on Aboriginal land) but where the area of that land is established as being too small to accommodate the communities;

b. enables Aboriginal communities or groups to obtain secure title to land so as to improve the environmental circumstances in which they live;

c. provides adequate funding in order that land may be purchased on the open market in pursuance of the needs identified in paragraphs (a) and (b); and

d. where pastoral land is held on lease from the Crown, permits Aboriginal communities traditionally or historically associated with the land to have priority when leases come up for renewal.

338. That as an interim step all land held under leasehold, being former Aboriginal reserve or mission land and being now held for or on behalf of Aboriginal people, be forthwith transferred under inalienable freehold title to the present leaseholder(s) pending further consideration by Aboriginal people as to the appropriate Aboriginal body which should thereafter hold the title to such land.

510 ----- A jio m tlfM

APPENDIX 2 LAND ACQUISITIONS SUB COMPONENT (Projects funded 1992-93)

Northern Territory $

Alice Springs Alcoota 2 763 850

CAAMA Lot 905 Todd Street 178 778

Glen Helen 300 000

Tangentyere 169 000

Booker, Deborah Helen 91 000

Tennant Creek Anyinginyi PMT Building 260 000

Julalikari Council Corporation (6 properties) 320 000 Barklycorp Pty Ltd (4 properties) 193 000

Anyinginyi Congress 157 000

Anyinginyi Congress (4 properties) 390 000

Queensland Brisbane Nungeena 2 Streek Rd 233 000

Cairns Ang-Gnarra 105 000

Burungu — Roaring meg 92 000

Glen Garland 642 000

Ayton 125 000

Rockhampton Benson Property (15,000 St Cr) 339 000

Stony Creek Woorabinda 1440 000

Western Australia Derby Leedal Pty Ltd 200 000

Marra Worra Worn Aboriginal Corporation 120 000 Geraldton Gilroyd Station 382 200

Pindiddy Aboriginal Corporation 730 000

Kununurra Meeau Djarula — Carranya 420 922

Kununurra Waringarri Aboriginal Corporation 18 078 Perth Binyardi — assess Imdamppla Farm 19 600

Lower Stirling, Albany foreshore 140 000

South Hedland Roe bourne CDEP Woodbrook 88 000

Kalgooriie Bay of Isles Aboriginal Community Inc 95 000

South Australia Adelaide ALRM 321 King William Street 1 395 000

Konanda Resource & Welfare 320 000

Kura Yerio, Lipson St, Port Adelaide 700 000

Lower Murray Nungas 150 000

RAAP 9 Dennis St, Bern 100 000

SA Aboriginal Health 1 320 000

5 1 2 — A p p tn d k i·

LAND MANAGEMENT SUB-COMPONENT (Projects funded 1992-93)

a) New projects funded in 1992-93.

Project title $

Land consultancy. Land 3 000

Wurundjeri Tribe Land and compensation (6 projects) 999 982 Framlingham Aboriginal Trust 10 000

Paul Richards and Associates 1316

Wallatina Aboriginal Corporation 55 000

Koonibba Aboriginal Community Council 37 000

Port Lincoln Aboriginal organisation 23 300

Yarilena Community Inc 50 000

Yalata Community Inc 56 000

Southern Aboriginal Corporation (2 projects) 103 590

Eastern Goldfields Aboriginal Advancement Council 345 300

Bay of Isles Aboriginal Community 1 150

Dhimarru land management Aboriginal Corporation 118 000

Central Australia Aboriginal Media Association 625 000

Aboriginal Corporation Total: 2 428 638

bl Existing projects funded 1992-93.

Project title Parramatta properties 8 826

Namabunda farm 30 300

Collum Collum Aboriginal Corporation 37 000

Glanville Aboriginal 3 879

Agricultural Holdings 93 770

Nyampa Aboriginal Housing Co. (2 projects) 3 315

Towri Aboriginal Corporation 18 314

Docker Street, ATSIC property 2 950

Warrama Living History Centre Pty Ltd (9 projects) 88 306

Mooraridgi Community Advancement Co-op (3 projects) 1 893

Ngoonbi Co-operative Society Limited 4 548

Biddi Biddi Community Advancement Co-operative 99 000

Wawu Dimbi 3 054

Arakun Community Inc Pty Ltd 6 125

Lower Murray Nungas Club Inc 150 000

Program Support, Flinders Terrace 2 000

Aboriginal Community Affairs Panel Inc 40 245

Mt Serle Program support 1 299

Ottowarrapanna Aboriginal Council Inc (2 projects) 117 217

Port Augusta Woma Society Inc 42 000

APPENDIX 3

514 — A c M n J f

Emeroo Station (3 projects) 4 142

39 Hinders Terrace - maintenance expenditure 1878

Pitjantjatjara Council Inc 102 755

Wheatbelt Aboriginal Corporation 25 000

Strnic Pty Ltd 145 255

Bundybunna Aboriginal Corporation 110000

Winjah Group Aboriginal Corporation 84 000

Mungullah Community Aboriginal Corporation 150000

Pindiddy Aboriginal Corporation 100 000

Bunuba Aboriginal Corporation 40 500

Bohemia Downs Pastoral Aboriginal Corporation 329 000

Looma Pastoral Company 155 506

Yungngora Association Inc 356 500

Kadinya Community Inc 300 000

Bidyadanga Aboriginal Community La Grange Inc 27 650

Yawuru Aboriginal Corporation 38 800

Meera Djarula Aboriginal Corporation 100 000

Mulan Aboriginal Corporation 50 000

Trefoil 1662

Amanbidji Pastoral Company 140 000

Jawoyn Association Aboriginal Corporation 120 000

Mungoorbada Aboriginal Corporation 150000

Hodgson Downs Community Inc 160000

Mungkart Community and Outstation Aboriginal Corporation 115 000 Quinbow Pty Ltd 89 800

Anangu Uwankaraku Aboriginal Corporation 239 000

Imanpa Community Inc 67 000

Miscellaneous projects (7) 3 442

Total: 3 960 931

A ppgndkai — 51 5

APPENDIX 4

Contract Employment Program for Aboriginals in Nature and Cultural Resource Management — projects 1992-93

PR O JE C T T IT L E AGENCY CONTRACTOR AMOUNT

NATIONAL Aboriginal A environmental education program Aboriginal liaiaon officer Total NATIONAL

Dina wan Dina wan Koori Production Company Greening Australia 24 000 45 865

69 865

AUSTRALIAN CA PITA L TERRITO RY Wreck Bay mobile display information kit WBACC WBACC

Wreck Bay environmental protection WBACC WBACC

Development of WBACC Administration Unit WBACC WBACC T otal ACT

20 000 20 000 10000 50 000

NEW SOUTH WALES Minjungbal Cultural Centre management - Phase 4 NSWNPWS Yaegl and Bung an Tribes - Interpretation - Phase 2 NSWNPWS Bundjalung and Yuraygir National Parks - weeds NSWNPWS Narrandera nature and koala reserve NSWNPWS

Rainforest plant inventory NSWNPWS

Bundjalung and Yuraygir National Parks NSWNPWS Rehabilitation A interpretation of areas-Kinchega NSWNPWS Mutawmtji management advice NSWNPWS

Kurrachee natural A cultural resource management NSWNPWS Kurrachee forestry management FCNSW

Hume A Hovell Walking Track (Albury) CALM(NSW) Hume A Hovell Walking Track (Tumut) CALM (NSW) Wilcannia regeneration CDSC

Dorrigo sites protection NSWNPWS

Bootingee Project NSWNPWS

Aboriginal Heriuge Officer GLSC

Minjungbal Cultural Centre Interpreution - Phase 4 NSW NPWS Walhallow Forest Work - Phase 2 Tumut Ecology Reserve site A education program low er Clarence Aboriginal Communities Tribes Weed Control, Yuraygir N P A S th Bundjalung NP Goarma Headlands Narrandea nature A koala reserve Box Ridge forestry project ToU l NSW

QUEENSLAND Community Ranger project Aboriginal A Torres Strait Islander exhibit A guide Central West cultural A natural resource Caims TAFE cultural research * Fraser Island cultural heriuge interpretation Curtis Coast cultural inventory

Bowling Green Bay resource protection Qld Sure Library genealogies Mac Kay cultural awareness ICC Marine Conservation Strategy

Yarrabah Ccultural site management Stradbroke Island fox control

NSW Forest Tumut Ecology NSWNPW S NSWNPW S

Minjungbal Cultural Centre 11 880

Lower Clarence Corp for Youth 10 068

Lower Clarence Corp for Youth 22 244

Sandhills Advancement Aboriginal Corp 36 210 NSW A bl Land Council - Far North Coast 29 197 Lower Clarence Corp for Youth 10 702

Broken Hill Aboriginal Land Counci] 49 998 M uuwintji Land Council 10 368

Kurrachee Co-operative Society Ltd 32 674 Kurrachee Co-operative Society Ltd 28 088 Woomera Aboriginal Corporation 54 172 Tumut/Bmngle Local A bl Land Council 54 585 Ngarrapaana CDEP A bl Corporation 30 833 John Thorpe 19 110

Nyampa Aboriginal Housing Company 25 704 Cultural Resource Management Services 10 000 Minjungbal Trading Company 30 738

Walhallow Aboriginal Corporation CDEP 5 389 Tumut Aboriginal Contract Team 5 473

Lower Clarence Aboriginal Corp. for Youth 10 068 Lower Clarence Aboriginal Corp. for Youth 12 897 Dirrawong Marion Daley Land Council 18000

NSWNPWS Sandhills Advancement A bl Corporation 36 209 FCNSW Kurrachee Co-Operative Society Ltd 30 000

584 607

GBRMPA various communities in FNQ 125 000

sGBRMPA community members in Townsville 12 500

QDEH Dreamtime Cultural Centre, Rockhampton 23 633 CTAFE individual 14 100

QDEH Thootgine Educational A Cultural Centre 28 694

QDEH Gurang Land Council 19 954

QDEH TAIMA Ltd 38 762

QSL Ysola Best 41 374

QDEH Central Queensland A bl Land Counci 162 200

ICC Island Coordinating Council 10 037

YCC Yarrabah Community Council 66 334

QDEH Stradbroke Island Aboriginal Housing Coop 11 461

5 1 6 ----- A ppendRcs

Stradbrokc Island cultural interpretation plan Moa Island site management plan Palm Island bush track Charters Towers cultural heritage ranger Cairns TAPE land management module

Carnarvon NP - cultural heritage management Mission Bay joint management plan Great Sandy NP Nurrabulligin site management plan

T otal QLD

N O RTH ERN T ER R IT O R Y Reintroduction o f the rufous hare wallaby - Phase 3 Joe Creek walking trail construction rehab. Utopia bushfire control - Phase 2

Daly River rubbish removal Finke River noxious weed and Athel pine tree Hermansberg firebreaks A reduction control Elsley National Park cultural advice & recording

Gregory National Park cultural advice A recording Boorroloola historical trail Gurinji ethnobotanical Jawoyn ethnobotanical

Keep River national park minor new works Keep River National Park cultural advice/recording Nitmiluk National Park Aboriginal art site prated. Nitmiluk National Park cultural advice/recording Northern Land Council community ranger Raising Awareness of impact of feral pigs/control

Northern Land Council Douglas Hot Springs Liaison with Dhimumr elders Manufacture and Erection of signs, Nhulunbuy Galaru tree planting Revegetation/rehabrlitation Kakadu National Park Weed Management - West Arnhem Land Collation of traditional knowledge - Arnhem Land

Liverpool River feral pig control Seed collection North & South Alice Springs Pitjantjatjara Womens Council site visitation trips Pitjantjatjara Womens Council site visitation trips

Pitjantjatjara Council cultural continuity A site Pitjantjatjara Council cultural continuity & site Community Ranger - Maningrids Natural Resource Rehabilitation Tjinkarli

Daly River rubbish removal T otal NT

QDEH Stradbrokc Island Aboriginal Housing Coop 26 755 KCC Kuban Community Council 30921

PIAC Palm Island Aboriginal Council 25133

QDEH King Kiatia Land Council 24112

IAER mdivirhial Aboriginal Community Rangers 5 874

QDEH Central Qld A b l Corp for Cultural Activities 16 197 QLDNPW S Yarrahbah Community Council 37 900

QDEH Tboorgine Educational A Cultural Centre 4604

QDEH Kuku Djungan Aboriginal Corporation 50316

625 535

CCNT Elders of Willowra Community 23 200

CCNT Ngaringman Resource Centre 20545

CCNT Urapuntja Council Inc. 37 352

CCNT Bidd Lindsay, Nauryu Nambiyu 1600

DPIFNT Tjuwawpa Outstation Hermannsburg 27 840

CCNT Tjuwawpa Outstation Resource Centre 20 817

CCNT Ngurrdariingi Aboriginal Corporation 28 953

CCNT Ngaringman Resource Centre 28 953

CCNT Borroloola Community G ovt Council 28 396

CCNT Dagaragu Community G ovt Council 5568

CCNT Jawoyn Association 5568

CCNT Ngaringman Resource Centre 8908

CCNT Ngaringman Resource Centre 28 953

CCNT Jawoyn Association 28 000

CCNT Jawoyn Association 28 953

NLC Gunbalanya Council 14 910

NLC Bawinanga Aboriginal Corporation 10000

NLC Pine Creek A bl Advancement Assoc. 16120

DEC yolngu selected by Dhimumr executive 18 346

DLC Yirrkala Business Enterprises 28 500

DEC Yirrkala Business Enterprises 13 750

NLC Djabulukgu Association 47 745

NLC Djabulukgu Association 45 705

NLC Djabulukgu Association 46 464

NLC Bawinanga Aboriginal Corp - Maningrida 18 360

PLC Pitjantatjara Council 10780

PLC Ngaanyatjarra Pitnantatjara Yankunytjatjara 21 904 PLC Ngaanyatjarra Pitnantatjara Yankunytjatjara 21 904 PLC Pitjantjatjara Council 10 310

PLC Pitjantjatjara Council 11 881

NLC Bawinanga Aboriginal Corporation 29 440

NLC Tjinkarli Community Incorporated 14 350

CCNT Maddaingya Community 1600

706 075

SOUTH AUSTRALIA Indexing of WA Aboriginal genealogies: Phase 2 SAM Indexing of WA Aboriginal genealogies: Phase 3 SAM Firmis Springs - feasibility study SANPWS

Devon Downs site conservation SANPWS

Yalata Land management plan SANPWS

Innes National park campground SANPWS

Wangarra Hill walking trail SANPWS

Coffin Bay better bush SANPWS

Flinders Ranges pest plant control SANPWS

Innes NP boxthom control SANPWS

Yunyarinyi land management APLC

Wataru land management APLC

Peter Bertani 10 367

Peter Bertani 19 038

Marree Arabana People’s Committee 4 000

Mannum A1 Development Committee 28 074 Yalata Community Inc 41 056

Point Pearce Community Council 18 360

OttowarrA PLCana Aboriginal Council Inc 30 399 Pott Lincoln Aboriginal Organisation 31 986 OttowarrAPLCana Aboriginal Council Inc 5 000 Point Pearce Community Council 10 000

Yunyarinyi Community Council 10 000

Wataru Community Council 10 000

5 1 7

W iunum i land management APLC

WalalinalLand management APLC

Illur Land management APLC

Mimili A Kan pi biological lurvcyi APLC

Pitjantjatjara Homeland land management APLC Muiputja land management APLC

Iwanija land management APLC

Anilalya land management APLC

Irinlala land management APLC

Mimili land management APLC

Tjurma land management APLC

Iwarawara land management APLC

Aflangu Pitjantjatjara project supervisor APLC Aaangu Pitjantjatjara Tjilpi Law Centre APLC

Pitjantjatjara patch burning ALCP

Muiputja patch burning APLC

Iwanija Rockhole identification APLC

W alarm Rockhole identification APLC

Rcvcg. Sl protection on A off Mallee District SANPWS T otal SA

VICTORIA Deep Leed School renovations A landscaping DCANR Yarra Bend site rehabilitation A revegetation Ph 2 DCANR Ganwerd installation of Aboriginal name signs Ph 3 DCANR Brisbane Ranges NP visitor access improvements DCANR 1-ake Tyers maintenance A improvements Ph 3 DCANR Yambuk building renovations Ph 2 DCANR

Reddiffs scenic reserve maintenance Ph 2 DCANR Otway NP midden rehabilitation A stabilisation DCANR Knob Reserve protection of cultural sites DCANR Wimera River A Barrabool Forest site stabilisation DCANR Vermin Control Wilsons Promontory NP DCANR Dhamya repairs A maintenance DCANR

Framlingham cultural A conservation site works DCANR Dandencng police paddocks site protection DCANR Site protection A Walipolla grazing exdosurc DCANR Scalake courthouse renovations DCANR

Total Vic

TASMANIA Policy Development Officer TPWS

Oyster Cove site management TPWS

Management of muttonbird colonies - Chappell Is TPWS Mice control on Great Dog Island TPWS

M anaganen[/interpretation of M t Cameron West TPWS Aboriginal management of cultural sites TPWS Mgmt of muttonbird colonies in Fumeaux Group TPWS Rehabilitation of coastal archaeological Sites - NE TPWS Total TAS

W ESTERN AUSTRALIA Millst ream-Chi cheater weed and walictrail CALM AET co-ordinator CALM

Karijini Recreational site development CALM

Burringurrah NP development of visitor facilities CALM Genual Districts - rubbish removal CALM

Millstream -Chichester NP cultivation and planting CALM Pundulmurra nursery, native plant/reveg for Pilbara RADG Punduhnuna nursery, native plant/reveg for Pilbara RADG

Watinuma Community Council 5 000

Walatina Community Council 5 000

Etiir Community Council 5 000

Mimili A Kanpi Community Councils 15 200 Pitjantjatjara Homeland Council 20 000

Murputja Community Council 20 000

Iwanija Community Council 20 000

Anilalya Community Council 20 000

Irintata Community Council 20 000

Mimili Community Council 20 000

Tjurma Community Council 20 000

Iwarawara Community Council 10 000

M rLem a Mick 48000

Aflangu Pitjantjatjara 79 000

Pitjantjatjara Community Council 18 000

Muiputja Community Council 18 000

Iwanija Community Council 18 000

W atami Community Council 18 000

Ngarrindjeri Lands A Progress Association 51 785 649 265

Brambuk Inc 6 809

Aborigines Advancement League 15 412

Brambuk Inc 16 316

Wathaurong Aboriginal Co-Operative 21 216 Lake Tyers Aboriginal Trust 18 649

Framlingham Aboriginal Tmst 20 496

Mildura Aboriginal Corporation 35 970

Wathaurong Aboriginal Co-Operative 18 616 Central Gippsland Aboriginal Co-Operative 13 704 Goolum Goolum Aboriginal Co-Operative 7 863 Central Gippsland Aboriginal Co-Operative 43 219 Dhamya Committee of Management 18 084 Framlingham Aboriginal Trust 20 469

Wurundjeri Tribe Cultural Heritage Council 22 089 Mildura Aboriginal Corporation 12 810

Mildura Aboriginal Corporation 17 834

309 556

Tasmanian Aboriginal Land Council 21 980 Tasmanian Aboriginal Centre 11837

Flinders Island Aboriginal Association Inc 19 872 Flinders Island Aboriginal Association Inc 10 000 Tasmanian Aboriginal Land Council 51 005 Tasmanian Aboriginal Centre Inc 34 635

Flinders Island A bl Association FIAAI 19 540 Tasmanian Aboriginal Land Council 29 243 198112

Ngurin Resource Centre 23 083

Maxine Chi 9 741

Karijini Aboriginal Corporation 30 000

Burringurrah A bl Community Corporation 20 000 Central Districts Empl. Centre A bl Corp 42 755 Ngurin Resource Centre 7 956

Murdoch University 36 353

Murdoch University 14 888

- S I S — Aooendkei

Karijini National Park - buffer burning CALM

Millstream-Chichester buffer burning CALM

South Coast N a t Parks rehabilitation/maintenance CALM P e n » Peninsula - decommissioning CALM

WAC flora identification and protection CALM Karijini National Park - walk trail construction CALM Katanning - control of weeds on nature reserves CALM Katanning - Aboriginal use of reserves CALM

Narrogin - rubbish removal from nature reserves CALM Karla - rehabilitation of State jarrah forests CALM WAC - nature reserve rehabilitation WAC

WAC burning of nature reserves WAC

WAC - W AC Vehicle WAC

Karramurra Nature Reserve - rehabilitation WAC Yanchep National Park Walk trail construction CALM Research into A bl history of Wanglti Nyininy WAC Environment, landcare and heritage project officer WAC Mooranoppin Nature Reserve - rehabilitation WAC

Mogumber - shade/glasshouse construction WAC Aboriginal tourism development officer CALM Jikalyungu Bumurirku (Greening Jigalong) AHB Geikie Gorge boat tours CALM

Manufacture of nature reserve signs - Tambellup CALM T otal WA

Karijini Aboriginal Corporation 6 498

Ngurin Resource Centre 6 138

Southern Aboriginal Corporation 63 943

M r Arthur Pepper 19 046

Wheatbelt Aboriginal Corporation 3 318

Karijini Aboriginal Corporation 46 365

Katanning Aboriginal Corporation 18 433 Ka tanning Aboriginal Corporation 7 960

Gnulla Employment Centre 31 598

Karla Aboriginal Corporation 19 561

Wheatbelt Aboriginal Corporation 5 828

Wheatbelt Aboriginal Corporation 5 910

Wheatbelt Aboriginal Corporation 4 464

Wheatbelt Aboriginal Corporation 4 490

Northside Aboriginal Corporation 15 728

Wheatbelt Aboriginal Corporation 20 866 Wheatbelt Aboriginal Corporation 21 158 Wheatbelt Aboriginal Corporation 5 371

Wheatbelt Aboriginal Corporation 11 790 M r Sam Lovell 19 845

Jigalong Community Inc 32 000

Damjunaya Aboriginal Corporation 24 301 Tambellup Employment Co-Operative 1 150 580 537

Key to funded organisations AAC Ang-Gnarra Aboriginal Corporation AHB Aboriginal Housing Board

APLC Aflangu Pitjantjatjara Inc

BCNT Bushfire Council NT

BSC Barcaldinc Shire Council

CALM Conservation and Land Management CCNT Conservation Commission of the Northern Territory CDSC Central Darling Shite Council

CTAFE Cairns College of TAPE

DALMC Dhumurra Aboriginal Land Management Co-operation DATSIC Deeral Aboriginal & Torres Strait Islander Corp DC & NR Department of Conservation and Natural Resources (Victoria) DFSAIA Department of Family Services and Aboriginal and Islander Affairs (Queensland)

DIN Dinawan

DPIFNT Department of Primary Industries and Fisheries NT FCNSW Forestry Commission NSW GAL Greening Australia Limited

GLSC Great Lakes Shire Council

ICC Island Coordinating Council

KCC Kubin Community Council

NLC Northern Land Council

NSWNPWS New South Wales National Parks and Wildlife Service QSL Queensland State Library

QDEH Queensland Department of Environment and Heritage PIAC Palm Island Aboriginal Council

PLC Pitjantjatjara Land Council

RADG Remote Area Developments Group SAM South Australian Museum

SANPWS South Australian National Parks and Wildlife Service WAC Wheatbelt Aboriginal Corporation WBACC Wreck Bay Aboriginal Community Council YCC Yarrabah Community Council

A e n e n d k ti-----519

APPENDIX 5

Aboriginal and Torres Strait Islander Model for Consultation

Federal representatives of A b’l/TSI groups

National Ab'l/TSI Heritage Council - representatives from Staie/Terriltxy

committees

State representatives of Ab'l/TSI groups

State Ab'l/TSI cultural Heritage Committee - representatives from Regional Committees

Regional representatives of Ab'l/TSI groups

Regional Abl/TSI cultural Heritage Committee - representatives from local communities

JO IN T FEDERAL C O M M ITTEE

50%:50% membership of Abl/TSI and agency representatives

Committee to recommend funding o f projects at ’ Federal level

JO IN T STATE COM M ITTEE

50%:50% membership of Abl/TSI and agency representatives

Committee to recommend funding of projects at _________

Slate level

FEDERAL AGENCIES

AEDP partners • ANPWS - CEPANCRM •B R R - ARRI • ATSIC- land acquisition

- land management - CDEP -C T P - AEIS - regional planning

• DEET - AP -A E S

•A B C -N E G P • AIATSIS - research - rock art • National Land Care • Non-govt agencies • others

STATE AGENCIES

• AEDP - State Offices • Depts of Nature Conservation • Public Service Boards • Depts of Abl/TSI Affairs • Education & Training • National Land Care Officers • non-govt agencies • State Project officers:

- ANPWS, BRS etc. • others

JO IN T REGIONAL C O M M ITTEE REGIONAL AGENCIES

509t>:50% membership of Abl/TSI and agency representatives

Committee to recommend funding of local/regional projects

• AEDP Regional Offices • local government Land Care officers • regional nature conservation agencies • non-government group·

The ANPWS developed this model In 1992, In consultation with Aboriginal and T orres S trait Islander communities who assise in the adm inistration and m anagem ent of the C ontract Em ploym ent Program for Aboriginals In N atural and C ultural Resource M anagem ent (CEPANCRM).

5 2 0 — Appendh-ei