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Editors --- "The Future of Australian Indigenous Governance: An Extraordinary Forum - Editor's Introduction" [2004] AUIndigLawRpr 1; (2004) 8(4) Australian Indigenous Law Reporter 11

Extraordinary Forum - The Future of Australian Indigenous Governance

The Future of Australian Indigenous Governance:
An Extraordinary Forum

Editor’s Introduction

23 August 2004

The Aboriginal and Torres Strait Islander Commission (‘ATSIC’) review panel presented a its report to the Federal Government in November 2003. This report, titled In the Hands of the Regions – A New ATSIC, ‘found that the organisation is in urgent need of structural change’.^[1] However, its two overarching recommendations stated that

1. The existing objects of the ATSIC Act should be retained.

2. ATSIC should be the primary vehicle to represent Aboriginal and Torres Strait Islander peoples’ views to all levels of government and be an agent for positive change in the development of policies and programs to advance the interests of Indigenous Australians.^[2]

The panel reported that ‘there is widespread support for the objectives of ATSIC and a commitment to work constructively with it from all levels of government and other sectors of Australian society’.^[3] Reflecting on the consultation process, the review panel also noted that ‘the overwhelming view expressed to the panel was ATSIC should continue to operate as a national representative organisation’.^[4]

In a joint press conference on 15 April 2004, Prime Minister John Howard and Senator Amanda Vanstone announced that, as a result of this report, ‘when Parliament resumes in May, we will introduce legislation to abolish ATSIC ... [t]he regional councils will [also] be abolished by the 30^th June 2005’.^[5]

A media release authorised by Senator Vanstone went on to say that ‘[w]e will not replace the ATSIC Board with another elected structure but will appoint a national Indigenous Council on the basis of merit to interact with Government and provide Indigenous specific advice and advocacy’.^[6] The media release also noted that specialist Indigenous programmes would be retained, but that they would be ‘devolved to mainstream Departments’.^[7]

The Government introduced the Aboriginal and Torres Strait Islander Amendment Bill 2004 (Cth) (‘the ATSIC Bill’) on 27 May 2004.^[8] On 1 June 2004, the Australian Labor Party called for a Senate Committee inquiry into the Bill. Senator Kerry O’Brien stated that ‘[w]hile Labor supports the abolition of the ATSIC, the bill proposes changes to the administration of indigenous affairs that extend far beyond such abolition’.^[9] The Inquiry was also intended to ‘give indigenous and non-indigenous Australians the opportunity to have a say on the government’s plan to quash indigenous self-determination’.^[10] The Senate Select Committee on the Administration of Indigenous Affairs was appointed on 16 June 2004, and is due to report on its findings by 31 October 2004.^[11]

Community responses to the proposed abolition of ATSIC have been mixed. While many have argued that fundamental reform is needed, there was widespread dismay about a perceived lack of consultation. The alternative framework proposed by the ATSIC Bill was also a source of great concern. These issues have been raised on many forums over recent months.^[12]

At the time of writing, the devolution of Indigenous services and programmes to mainstream departments has, in large part, already taken place. Aboriginal and Torres Strait Islander Services (‘ATSIS’) has been dismantled and, however the Senate Select Committee responds to the ATSIC Bill, it is clear that the landscape of Indigenous governance and service delivery has already changed significantly.

This special forum is inspired by these changes, and the potential abolition of ATSIC. The contributions each represent a different perspective and their purposes and conclusions vary. However, they are united in their commitment to, and hope for, the future of Indigenous governance in Australia.

^[1] Aboriginal and Torres Strait Islander Commission Review Panel, In the Hands of the Regions – A New ATSIC (1993) 6. The report is available online at <http://www.atsicreview.gov.au> see also AILR 8.3 (2004) 105.

^[2] Aboriginal and Torres Strait Islander Commission Review Panel, In the Hands of the Regions – A New ATSIC (1993) 8.

^[3] Ibid 7.

^[4] Ibid 23.

^[5] Joint Press Conference with Prime Minister the Hon John Howard and Senator Amanda Vanstone, Parliament House, 15 April 2004. A transcript is available online at

<http://www.pm.gov.au/news/interviews/Interview795.html> .

^[6] Amanda Vanstone, New Service Delivery Arrangements for Indigenous Affairs, Media Release, No VPS12i.04, 15 April 2004. Available online at

<http://www.vanstone.com.au/default.asp?Menu=VPS12i.04> .

^[7] Ibid.

^[8] The full text of the Bill is available online at

<http://www.scaleplus.law.gov.au/html/bills/browse/TOC.htm> .

^[9] Kerry O’Brien, Labor To Refer ATSIC Bill To Senate Inquiry, Media Release, 1 June 2004. Available online at <http://www.alp.org.au/media/0604/20007619.html> .

^[10] Ibid.

^[11] Further information about the Committee, its terms of reference, and submissions is available online at <http://www.aph.gov.au/senate/committee/indigenousaffairs_ctte/index.htm> .

^[12] For example, the Indigenous Law Centre organised a forum titled After ATSIC? Futures for Indigenous Australians in Government and Governance, which was held on 8 June 2004. Proceedings from this forum are available online at <http://www.ilc.unsw.edu.au/events/after_atsic.html> . A range of commentary is can also be found in the media. See, eg, On Line Opinion, available online at

<http://www.onlineopinion.com.au/section.asp?name=indigenous> .