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Editors --- "New Representative Arrangements for Aboriginal and Torres Strait Island Peoples in the ACT" [2006] AUIndigLawRpr 36; (2006) 10(2) Australian Indigenous Law Reporter 91

New Representative Arrangements for Aboriginal and Torres Strait Islander People in the ACT

Office of Aboriginal and Torres Strait Islander Affairs, Chief Minister’s Department (ACT)

April 2006

Overview

The Task

The Chief Minister’s Department engaged the consultants to plan and facilitate discussion within the Aboriginal and Torres Strait Islander community on future representative arrangements for Indigenous people in the ACT.

The purpose of the consultations is to inform the Chief Minister of the community’s views on future representative arrangements.

The consultations were a response in part to the Commonwealth Government’s new arrangements in the administration of Indigenous Affairs. These arrangements have involved the abolition of the Aboriginal and Torres Strait Islander Commission and Regional Councils constituted under the Aboriginal and Torres Strait Islander Commission Act 1989.

The ACT was part of the Queanbeyan Regional Council. The Commonwealth Government is establishing new regional representative arrangements to assist Departments in the provision of services for Aboriginal and Torres Strait Islander people. Two regional arrangements have so far been approved.

The ACT Government has a number of bodies to advise it on specific issues. One of these is the Aboriginal and Torres Strait Islander Consultative Council, which have been established to advise the Chief Minister on Indigenous issues. Its term expires on 30 June 2006.

The Chief Minister has stated that any new representative arrangements for Aboriginal and Torres Strait Islander people in the ACT ‘will be informed by what Indigenous people themselves believe will empower them and engage them in improving their own destinies.’

The Process

After seeking the views of a representative group of Aboriginal and Torres Strait Islander people as a first step in the consultation process, the Consultative Council resolved to respond to the Chief Minister’s invitation.

The consultants provided a resource to assist the Council in its discussions with the Aboriginal and Torres Strait Islander community.

At the request of the council, further inquiry by the consultants involved examining relevant governance models in Australia and overseas, a consideration of options, and a review of ACT legislation which might be appropriate for a new regional body.

The consultations were undertaken in a series of three separate community meetings, followed by a day-long meeting of all participants to review the outcome of the consultations and to agree on an approach to the Chief Minister.

To facilitate the discussions, the consultants:

• Worked closely with the Office of Aboriginal and Torres Strait Islander Affairs in the Chief Minister’s Department and the Aboriginal and Torres Strait Islander Community Consultative Council.
• Prepared an issues paper for a preliminary meeting with the Consultative Council and nominated members of the Aboriginal and Torres Strait Islander Communities
• Prepared a discussion paper for the Aboriginal and Torres Strait Islander community guided by the views expressed at the preliminary meeting
• Facilitated discussion at the three community meetings and the final forum to consider the outcome of the consultations and agree on future directions
• Prepared a summary of the views expressed at each meeting
• Examined other Indigenous community representation arrangements, both in Australia and overseas
• Developed options for representative arrangements to present to community meetings
• Prepared a final written report on the views expressed by community members
• Considered possible future action by the ACT Government consistent with the views of the Aboriginal and Torres Strait Islander community

The Report

The outcome of the consultations is presented as two separate reports (a) a report on the consultations; and (b) consideration of a way forward.

Part I Report on the Consultations with the Aboriginal and Torres Strait Islander Community

A Foundation

The consultations with the Aboriginal and Torres Strait Islander community have provided a foundation to guide the on-going development and negotiation of new representative arrangements for Aboriginal and Torres Strait Islander people in the ACT.

The consultations involved an initial meeting of the Aboriginal and Torres Strait Islander Community Consultative Council with community representatives which identified issues to be followed up and three community consultations – Woden, Belconnen and Tuggeranong – for which a discussion paper was prepared. A further meeting at Boomanulla Oval, which had a report before it on the consultative processes to that point, was held on 25 March 2006.

Attendances at the meetings varied. In all cases the interest was strong and the debate lively. Issues were discussed with clarity of purpose and vision. Overall there was enthusiasm for the prospect of new representative arrangements.

The Chief Minister’s offer of consultations was generally seen as an opportunity to negotiate new representative arrangements based on what the Aboriginal and Torres Strait Islander community want and what the ACT Government is prepared to give. A proposal to establish a new representative body represents ‘a new start.’

Agreement among Aboriginal and Torres Strait Islander people on new representative arrangements is seen as the first step in an on-going consultation with Aboriginal and Torres Strait Islander people and negotiation with the government to establish a new representative body.

What the Consultations Have Told Us:

• There is general support among Aboriginal and Torres Strait Islander people for new representative arrangements.
• The consensus is that there should be a new representative body. It should derive its authority from the community and be accountable to it. It should be essentially autonomous and independent from government, and work in partnership with it. It should establish true leadership unique to a representative body.
• The body should be given powers to make it different from what has been done in the past. It should have the power to influence, not just to advise.
• It should consult with, represent and advocate the interests of Aboriginal and Torres Strait Islander people, and engage with government.
• It should have a function and the capacity to enable it to influence the delivery of services by government agencies and their accountability to Aboriginal and Torres Strait Islander people for outcomes.
• The constitution of a new body should be based on Aboriginal and Torres Strait Islander values, community ownership and community development principles.
• The body should be elected on an ACT-wide franchise.
• Voting should not be compulsory. The form of election, eligibility, and a roll need to be negotiated.
• A representative body along the lines proposed should preferably be established by legislation with bi-partisan support. The body might be incorporated in the first instance while negotiations continue on a form of legislation.
• For any new body to work there needs to be a commitment from the government and Aboriginal and Torres Strait Islander people.
• The body must be resourced to carry out all its functions. It should not be funded from existing Indigenous programs.

…

Conclusion

The available evidence and emerging experience suggest that performance management in partnerships with Aboriginal and Torres Strait Islander people is inextricably linked to governance arrangements and the quality of the interaction between partners.

It is important, if the arrangements are to work, for the Indigenous community and government agencies to see value in the partnership in terms of improving outcomes and not just as one of building relationships. Clearly there is a need also for balance between aspirations and delivery. This is best worked out and resolved in negotiations.

Continued negotiations around the objects of a representative body will have the benefit of ensuring a better understanding of how a new representative body might work in the interests of Indigenous people, the government, and service providers.

Attachment A: Possible Functions of an Elected Representative Body:

1. Consult with Aboriginal and Torres Strait Islander people on priorities for government expenditure on Aboriginal and Torres Strait Islander programs and services

2. Represent and advocate the interests of Aboriginal and Torres Strait Islander people on a Territory-wide basis and across functional boundaries in key areas

3. Promote collaboration among government agencies and non-governmental organisations involved in the provision of health, education, employment, housing and other services for Aboriginal and Torres Strait Islander people

4. Assist and encourage agencies and organisations to develop policies, programs and projects aimed at improving the circumstances of Aboriginals and Torres Strait Islander people, with particular regard for families, women and children

5. Advise the Chief Minister on any matter relating to the welfare of Aboriginal and Torres Strait Islander people

6. Monitor and report to the Aboriginal and Torres Strait Islander community and the government on outcomes of services and programs designed to meet the needs of Aboriginal and Torres Strait Islander people

7. Establish and maintain links with and among government agencies and non-government organisations concerned with the welfare of Aboriginal and Torres Strait Islander people

8. Prepare and submit to the Chief Minister, after consultation with government and non-government agencies, a strategic plan aimed at:

i. promoting the well-being of Aboriginal and Torres Strait Islander people on a coordinated basis
ii. assisting in a whole of government approach to providing services and programs for Aboriginal and Torres Strait Islander people
iii. improving the effectiveness of the provision of assistance for Aboriginal and Torres Strait Islander people

9. Monitor developments in legislation, policy and community views on the provision of services for Aboriginal and Torres Strait Islander people

10. Support the Chief Minister in his dealings with the Commonwealth Government under the auspices of the Council of Australian Governments

This Report is based on consultations with the community and does not necessarily reflect the full and final position of the ACT Government on the new representation arrangements. The full text of the Report is available online at: <http://www.cmd.act.gov.au/oatsi/pubs/ACT_rep_body_consultation_report.pdf> .