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Editors --- "A Torres Strait Territory Government - Digest" [2001] AUIndigLawRpr 55; (2001) 6(4) Australian Indigenous Law Reporter 98

Inquiries and Reports - Australia

A Torres Strait Territory Government^[1]

Torres Strait Regional Authority

Bamaga

12 October 2001

The Torres Strait Regional Authority (TSRA), the peak regional body in the Torres Strait, has proposed a new regional governance framework in the Torres Strait.

The proposal follows a comprehensive 9 month consultation process, including all communities, initiated by the TSRA and led by a special task force comprising the Chairperson of the TSRA, Mr Terry Waia, the Mayor of the Torres Shire, Mr Pedro Stephen, and Chairman of the Island Coordinating Council (ICC), Mr Henry Garnier.

It followed the release of a report by the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Torres Strait Islanders, A New Deal, and an invitation from the Minister for Aboriginal and Torres Strait Islander Affairs to consult on proposed new arrangements.

The proposal seeks to achieve a Territory form of government by building on existing regional governance arrangements, the key elements of which are the ICC and the TSRA.

The proposal will be advanced in the first instance through the legislative framework of the Torres Strait Regional Authority, a Commonwealth body established under the Aboriginal and Torres Strait Islander Commission Act l989 (‘the ATSIC Act’), and incorporating membership of the ICC.

The transitional arrangement will involve a new Torres Strait Regional Authority Act, separating it from the ATSIC Act and incorporating new arrangements for the direct election of members of the TSRA from Island communities.

The TSRA aims to ensure these arrangements provide a transition to a Territory style of government for all residents of the Torres Strait.

Key features

At a special three-day meeting in Bamaga on 12 October 2001, the TSRA unanimously supported a new regional structure and endorsed a negotiating framework and strategy for achieving a Territory style of government as its long-term goal.

The key features of the proposal are:

• direct elections for a regional government by all Island communities will strengthen democracy and give communities more say on who represents them;
• the election of the chairman by the people from members elected to the regional government;
• the election of a governing body with portfolio responsibilities by the people voting in clusters.

These features are in direct response to views expressed during the community consultations, the main elements of which were:

• there is a need to clearly articulate a vision for the future;
• a regional governing body should be democratically elected by the people and be separate from community and local government;
• it should have functions beyond those of the TSRA;
• the TSRA provides the basic building block for taking further steps towards achieving the goal of a regional governing body;
• community and local government should continue to empower our people;
• we should build on the strengths of existing institutions;
• the next step should be to improve indigenous regional governance;
• this should be able to translate into a Territory style of government for all residents of the Torres Strait.

The TSRA’s vision is that there should be a Territory style of government for all residents of the Torres Strait and that there should be a movement towards this goal in stages.

By responding to the report of the House of Representatives Standing Committee, the TSRA has developed a Torres Strait model expressing the wishes of the people.

The TSRA will seek to introduce the transitional arrangements through a new TSRA Act in time for the next elections to be held in March/April 2003.

The arrangements will provide an enhanced platform with which to continue moving towards the TSRA’s eventual goal of a Territory style of Government.

The framework

(1) Our Vision:

Our vision is for a Territory Government responsible for the good governance and well-being of all people in the Torres Strait, at all times maintaining Ailan Kastom and promoting the development of the Torres Strait and community well-being through control of the region and its resources.

(2) Outcomes:

The outcomes we seek are:

• strong and effective leadership to manage our own affairs;
• a strong regional voice;
• a united front to guide the Torres Strait into the future and attract full government support at all levels;
• recognition of our culture, rights, identity and spirituality as a separate race of Indigenous people in Australia;
• a better quality of life for all residents of the Torres Strait — economically, socially, culturally and politically; full participation in decision-making and the economy of the region;
• promotion of the realistic needs of the region through effective funding arrangements;
• devolution of functional responsibilities to a regional governing body.

(3) Principles:

Ailan Kastom: Our regional governance framework must recognise and maintain the special and unique Ailan Kastom of Torres Strait Islanders.

Community and Local Government: Local and community government must continue to empower people at the local level and provide for effective local self government under Queensland legislation.

Partnerships: The governance and development framework in the Torres Strait is based on partnerships and shared responsibility involving the Commonwealth and Queensland Governments, community and local government, and business.

Planning and Accountability: The delivery of services by Government agencies should be monitored by and accountable to the regional governing body in a comprehensive planning process, the focus of which is the Torres Strait Development Plan.

Financial Capacity: Greater autonomy and development go hand in hand. We need to strengthen our economic base with a particular focus on fisheries. Continuing government support through financial assistance, subsidies and development grants is central to the achievement of Torres Strait aspirations.

Coexistence: A regional framework must be consistent with traditional decision making and native title, recognising the traditional laws and customs of Torres Strait Islander and Aboriginal people.

Rights and Interests of All Residents: The rights and interests of all residents of the Torres Strait need to be recognised in any regional framework.

Sustainable Development: Fisheries are a major component of Torres Strait autonomy. The water and seas are our life. Their industry must be protected.

(4) Strategy:

Build on what we have: Achieving an inclusive regional framework involves a staged approach. Our strategy will be progressed at two levels:

• making incremental adjustments to the existing structures and building on them;
• establishing an effective and accountable framework to translate into a form of Territory style government to be negotiated with the Commonwealth and Queensland Governments.

A staged approach: The TSRA provides the basis for further evolution in cooperation with the Island Coordinating Council and the Torres Shire Council. It envisages a form of Indigenous regional governance that recognises the rights and interests of all residents of the Torres Strait and represents them through existing community and local government structures.

Jurisdiction: Following negotiations with the Commonwealth and Queensland Governments, the basis of regional governance will involve determining further areas of responsibility over which the regional body would be empowered to exercise authority.

The following outlines the basis of the strategy agreed by the TSRA.

Regional government

Torres Strait Regional Government will comprise:

The Regional Assembly

The ultimate aim of the TSRA is for a territorial government, elected by all residents of the Torres Strait (Indigenous and non-Indigenous) with the following structure:

21 Members elected from island communities decide on policies, priorities and direction for a portfolio or executive group.

The community electorates would be:

NEAR WESTERN

Badu

Kubin

Mabuiag

St Paul’s

TOP WESTERN

Boigu

Dauan

Saibai

CENTRAL

Poruma

Warraber

Yam

Masig

EASTERN

Erub

Mer

Ugar

NPA

Bamaga

Hammond

Seisia

INNER ISLANDS

Horn

Port Kennedy

Prince of Wales

TRAWQ

Executive

Six Executive members with portfolio responsibilities, elected directly by people in cluster groups from members of the Regional Government. Members would represent:

1. NEAR WESTERN

2. TOP WESTERN

3. CENTRAL

4. EASTERN

5. NPA

6. INNER ISLANDS

Chairperson

The Chairperson of the regional government, who would also become chair of the Executive or portfolio group, would be elected directly by people of the Torres Strait from members of the Regional Government.

Administration

Carries out direction of the Chair and Executive or Portfolio Group and provides secretariat and divisional support to political arms.

Amalgamation of the existing administrative arms of the TSRA and the ICC would involve a reorganisation into a single administration along portfolio or departmental lines to better support portfolio members, provide a coordinated approach to policy and service delivery at the regional level, and strengthen the capacity of communities.

Powers and functions

The Regional Assembly:

An elected forum to debate public priorities and services, express the aspirations of the people of the Torres Strait, review the activities of the regional governing body, and consider the business plans of government departments and agencies.

• The basic building block around which revolves the other Torres Strait institutions.
• Composed of at least 21 locally elected members, one for each Torres Strait Island community.
• May adopt a Constitution after having submitted it to the people in a referendum.
• Chairperson to be elected by the people on a region-wide basis from among members of the Assembly.
• Guardian of Torres Strait language and culture.
• Torres Strait institutions will be responsive to its decisions through a process of accountability to the Assembly.
• Provide overall policy direction for institutions in the Torres Strait.
• Oversight the preparation and implementation of the Torres Strait Development plan.
• Responsible for recommending legislative changes.
• Responsible for Torres Strait Treaty relationships, including representation on the Protected Zone Joint Authority.
• Jurisdiction over the entire Torres Strait.
• Operates within Queensland and Commonwealth law.
• Respects the rights of all residents of the Torres Strait.
• Substantive and effective powers in the fields of education, health, environment, land and resources and economic development.
• Powers shared with the Commonwealth and Queensland Governments.

The Executive

Composed of six members, plus the chairperson, elected from among members of the Assembly by cluster groups.

• This will be the governing body.
• Exercises Executive authority and manages the delivery of programs and services in accordance with budget priorities adopted by the Assembly, and formulates budget proposals.
• Members of the Executive would assume functional responsibility for regional portfolios.
• Reports to the Assembly on the impact of programs.
• The Chairperson of the Assembly would also be Chairperson of the Executive.
• Integrates the activities of other departments and agencies in the Torres Strait through its planning and coordination responsibilities.

Administration

Provides administrative and secretariat support for the Assembly and the Governing Body.

• Responsible for the coordination and delivery of programs.
• Manages the budget.
• Prepares the Torres Strait Development Plan.
• Administrative responsibilities of ICC and TSRA would be merged into the administration of the new body.

Transitional arrangements

A Regional Government will be achieved on an interim basis through the legislative framework of the Torres Strait Regional Authority.

This will be done by incorporating the proposed regional government structure into the operations of the Torres Strait Regional Authority, a Commonwealth body established under the Aboriginal and Torres Strait Islander Commission Act 1989, and presently incorporating membership of the ICC.

To bring this about will require the passing by the Australian Parliament of a new TSRA Act, with the capacity to translate into a Territory style of Government. Elections for the re-constituted TSRA will be in March/April 2003. They will no longer need to be aligned to community council elections.

A new TSRA Act will separate the TSRA from the ATSIC Act and involve new arrangements for the direct election of members of the TSRA from Island communities.

The next steps

The TSRA will manage the transition to new regional governance arrangements in the Torres Strait and implement the following steps:

(1) A political accord
Reach agreement with the Commonwealth and State Governments on the proposal including a new TSRA Act.
(2) ICC and TSRA
Progress the amalgamation of the administrations of the ICC and TSRA to achieve cost effectiveness and better coordination of administrative support for island communities;
(3) Economic Development
Revise the Torres Strait Development Plan with input from Commonwealth and State Departments as part of a comprehensive planning framework for all stakeholders in the Torres Strait, as well as develop and implement the Torres Strait Regional Economic Development Strategy.
(4) TSRA Administration
Ensure that Commonwealth and State departments fit within the framework of the interim arrangements in order to promote accountability for service delivery to elected Torres Strait representatives.
(5) A new constitution
Develop a Territory constitution with passage of a TSRA Act in time for elections in March/April 2003.

Need for cooperative arrangements

The Torres Strait leadership believes the best foundation for a form of Territorial government is through cooperative arrangements agreed between the Commonwealth and Queensland governments. This would ensure that the interests of each government would be preserved.

Continuation of the roles and responsibilities of the Queensland and Commonwealth Governments is imperative to the security and development of the region.

The Torres Strait is an integral part of Queensland. Its self governing arrangements have been founded on State legislation. These arrangements have been complemented by Commonwealth responsibilities in Indigenous affairs, the Torres Strait Treaty and the operation of the protected zone joint management.

Information

If you need more information, please contact your community chairperson, or contact the members of the Greater Autonomy Taskforce:

Terry Waia

Chair, TSRA

Telephone: (07) 4069 0700

Pedro Stephen

Mayor, Torres Shire Council

Telephone: (07) 4069 1336

Henry Garnier

Chair, Island Coordinating Council

Telephone: (07) 4069 1446

Alternatively, you can visit the TSRA website at <www.tsra.gov.au>.

^[1] This article was previously printed in TSRA News No 40 October 2001.