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Australia - Combined Fifteenth, Sixteenth and Seventeenth Periodic Reports of States Parties due in 2008 - Reports submitted by States Parties under Article 9 of the Covention [2010] UNCERDSPR 3; CERD/C/AUS/15-17 (2 June 2010)

	United Nations	CERD/C/AUS/15-17
	International Convention on the Elimination of All Forms of Racial Discrimination		Distr.: General 2 June 2010 Original: English

Committee on the Elimination of Racial Discrimination

Seventy-seventh session

2–27 August 2010

Reports submitted by States parties under article 9 of the Convention

Combined fifteenth, sixteenth and seventeenth periodic reports of States parties due in 2008

Australia[*] [**] [***]

7 January 2010

Contents

Paragraphs Page

List of abbreviations 4

I. Introduction 1–11 6

II. Significant legislative and policy developments 12–61 7

A. Federal anti-discrimination legislation and related developments 12–23 7

B. Further reform of HREOC 24 10

C. An entrenched guarantee against racial discrimination 25 10

D. Reservation to article 4 (a) of the Convention 26 10

E. Burden of proof in civil proceedings involving racial discrimination 27–29 10

F. Non-regulatory initiatives 30–31 10

G. State and territory “Bill of Rights” and “Charter of Rights” initiatives 32–38 11

H. State and territory anti-discrimination legislation and policy 39–61 12

III. Australian Government education and research initiatives 62–103 17

A. Domestic implementation of the Durban Declaration and

Programme of Action 62 17

B. Federally funded human rights education 63–76 17

C. Reports by relevant HREOC Commissioners 77–80 20

D. State and territory education and research initiatives 81–103 20

IV. Indigenous initiatives 104–261 24

A. Reconciliation 104–118 24

B. Australian Government’s Northern Territory Emergency

Response (NTER) 119–134 27

C. Native title system reform 135–141 32

D. State and territory native title and land rights initiatives 142–143 33

E. Preservation of Burrup rock art 144–145 33

F. United Nations Declaration on the Rights of Indigenous Peoples 146–147 33

G. Engaging Indigenous peoples in decision-making 148–153 34

H. Australian Government benchmarks for measuring Indigenous

disadvantage 154–155 35

I. Addressing Indigenous disadvantage: Australia’s strategy for the future 156–166 36

J. Closing the gap: overview of progress during the reporting period 167–168 38

K. Indigenous education and employment initiatives 169–204 38

L. Improving Indigenous health 205–228 44

M. Improving Indigenous mental health and social and emotional well-being 229–231 48

N. Commonwealth Indigenous criminal justice initiatives 232–234 49

O. State and Territory Indigenous criminal justice initiatives. 235–252 50

P. Indigenous deaths in custody 253–261 55

V. Immigration and citizenship 262–309 57

A. Australia’s non-discriminatory visa policy 262–267 57

B. Australia’s Humanitarian Program 268–275 58

C. Detention of unlawful non-citizens 276–286 59

D. Legislative amendments in 2005 287–289 61

E. Temporary Protection visas 290–295 62

F. Asylum-seekers on bridging visas without work rights. 296–298 63

G. Australia’s citizenship test 299–309 63

VI. Multicultural initiatives 310–362 65

A. Multicultural policy 311–312 65

B. Public service programmes 313 65

C. National Action Plan to Build on Social Cohesion, Harmony and

Security (NAP) 314–316 65

D. Living in Harmony programme 317 66

E. Impacts of counter-terrorism legislation 318–323 66

F. Ismaع– Listen: National consultations on eliminating prejudice against

Arab and Muslim Australians Project 324–332 67

G. Other HREOC projects to engage the Muslim community 333–336 69

H. State and territory initiatives 337–361 70

Annexes

1. Consultation 75

2. Response to Special Rapporteurs 76

3. Statistical annex 81

List of abbreviations

I. Introduction

Preparation and structure of report

1. In accordance with article 9, paragraph 1 of the International Convention on the Elimination of all Forms of Racial Discrimination, Australia submits this report as an update on the measures it has adopted to give effect to the provisions of the Convention. This report is Australia’s 15th, 16th and 17th under the Convention, covering the period 1 July 2002 to 30 June 2008.

2. The report adopts a thematic approach in highlighting Australia’s implementation of its Convention obligations since 1 July 2002. In doing so, it addresses issues raised by the Committee on the Elimination of Racial Discrimination (the Committee) during its consideration of the 13th and 14th periodic report of the Government of Australia under article 9 of the Convention at its 56th session on 1 March 2005. To avoid repetition, it does not cover the material provided in Australia’s interim report to the Committee, titled Response of the Australian Government to the request for additional information from the 66th session of the Committee on the elimination of racial discrimination (http://www.dfat.gov.au/hr/reports/aus_response_to_the_cerd_cte_13April2006.pdf).

3. The material included in this report should be considered in the context of the constitutional and legislative structures in Australia and the policies and programmes that are in place to combat racial discrimination, as outlined in Australia’s common core document and previous periodic reports. Where relevant, this report cross-references relevant parts of the common core document (available at: (ag.gov.au/www/agd/agd.nsf/ Page/Humanrightsandanti-discrimination Common CoreDocument) and Australia’s 13th and 14th reports (available at: http://www.dfat.gov.au/hr/reports/cerd/cerd_report.pdf). Where more recent statistics or information is available, this updated information is included.

4. While this report covers the period to 30 June 2008, it notes several important developments falling after the reporting period. These include the report of the National Human Rights Consultation, Australia’s support for the Declaration on the Rights of Indigenous Peoples, introduction of legislation to restore the operation of the Racial Discrimination Act in relation to the Northern Territory Emergency Response legislation and the revised Citizenship Test.

5. To avoid adding to the burden on the secretariat resources of the Committee, the Australian Government has endeavoured to produce a concise report and has not attached documents relevant to every initiative, legislative change and judicial decision mentioned in this report. Throughout the report, details of particular programmes of interest are highlighted in shaded boxes to give a flavour of the variety of programmes initiated during the reporting period.

6. On 3 December 2007, following federal elections held on 24 November 2007, a new Australian Government was constituted. Accordingly, key strategies, policies and programmes have changed since that date.

7. The Australian Government is committed to the effective operation of the United Nations human rights and treaty system and looks forward to the Committee’s consideration of this report.

Consultation with state and territory governments and civil society

8. Australia has a federal constitutional system, in which powers are shared between federal institutions and the six states (New South Wales (NSW), Victoria (Vic), Queensland (Qld), Western Australia (WA), South Australia (SA) and Tasmania (Tas) and three self-governing territories (the Australian Capital Territory (ACT), the Northern Territory (NT) and the Territory of Norfolk Island (NI)). Further information about Australia’s political structure is available in part B of the common core document. As the state and territory governments are responsible for many of the government activities that give effect to CERD, the Australian Government consulted state and territory governments in the preparation of this report. The Human Rights and Equal Opportunity Commission (HREOC) has an important role in countering racial discrimination, and was consulted extensively in preparation of this report. HREOC was renamed the Australian Human Rights Commission (AHRC) in September 2008.

9. The Australian Government also recognises the importance of involving civil society in the preparation of this report, and actively sought submissions from civil society during the preparation of this document, including by seeking submissions in response to a public consultation draft of the report. A list of submissions received from non-governmental organizations (NGOs) and individuals is at appendix A. These were taken into consideration in the preparation of this document.

10. In response to the Committee’s recommendation in paragraph 27 of its concluding remarks, the Australian Government advises that the text of Australia’s 13th and 14th report, as well as Australia’s interim report dated 5 April 2006, have been made available on the Attorney-General’s Department website since shortly after the date of submission, along with the associated observations of the Committee. These documents are also available on the Australian Human Rights Commission website. See http://www.humanrights.gov.au/legal/submissions/cerd/index.

General measures of implementation

11. The principal means by which Australia implements CERD is through the Racial Discrimination Act 1975 (Cth) (RDA) and the work of HREOC. Further detail on the federal political and legal anti-discrimination framework is available in the 13th and 14th report and Part D of the common core document. Australian states and territories also have comprehensive frameworks to counter racial discrimination (Part D of the common core document refers). The section below, titled ‘Significant legislative and policy developments’ outlines relevant changes implemented by all Australian governments since publication of the common core document, and responds to the Committee’s concluding remarks relevant to these areas.

II. Significant legislative and policy developments

A. Federal anti-discrimination legislation and related developments

National Human Rights Consultation

12. The protection of human rights and responsibilities is a question of national importance for all Australians. The Australian Government announced a National Human Rights Consultation on how best to promote human rights and responsibilities in Australia on 10 December 2008 (outside of the reporting period). The consultation considered a range of options for recognising and protecting human rights in Australia. A legislative charter of rights and responsibilities was one option raised.

13. The consultation held more than 65 community roundtables and public hearings in more than 50 urban, regional and remote locations across the country. It received more than 35,000 submissions. The Consultation generated a considerable discussion of human rights across Australia. The National Human Rights Consultation Committee presented its report to the Government on 30 September 2009. The Government is now closely examining the report.

Criminal offence for menacing, harassing or offensive use of a carriage service

14. During the reporting period, the Australian Government passed the Crimes Legislation Amendment (Telecommunication Offences and Other Measures) Act (No 2) 2004 (Cth), which made it an offence to use a carriage service in a way that is intentionally menacing, harassing or offensive.^[1]

Changes to citizenship provisions

15. The Australian Citizenship Act 2007 (Cth) came into effect on 1 July 2007. It replaces the Australian Citizenship Act 1948 (Cth) and continues Australia’s inclusive and non-discriminatory approach to citizenship. Some of the key changes include:

• Enhancing the integrity of the citizenship acquisition process

• Amending the law to require citizenship applicants to have resided lawfully in Australia for four years, including 12 months as a permanent resident, immediately before the application (formerly, applicants were required to have been permanent residents for two years)

• Providing for children who are adopted under full and permanent Hague Convention arrangements to be registered as Australian citizens

• Replacing an operation of law provision with a discretionary provision to revoke a child’s citizenship where the child’s responsible parents cease to be Australian citizens

• Allowing for resumption of Australian citizenship by former citizens of any age who renounced their Australian citizenship to acquire or retain another citizenship

• Removing the age limits for registration of citizenship by descent

• Providing for the conferral of Australian citizenship to children born after a parent lost their Australian citizenship on the acquisition of another

• Providing for the conferral of Australian citizenship to people born in Papua before Papua New Guinean independence to a parent born in Australia (as now defined)

16. On 1 October 2007, changes were made to the Australian Citizenship Act 2007 (Cth), to introduce a citizenship test. The changes provide that applicants for citizenship by conferral under the general eligibility criteria need to pass a test in order to satisfy the legal requirements to:

• Have an understanding of the nature of their application

• Have a basic knowledge of the English language

• Have an adequate knowledge of Australia and the responsibilities and privileges of Australian citizenship

17. An independent review of the Australian citizenship test was concluded after the reporting period in 2008 to help the Government examine the content and operation of the citizenship test to make sure that it is achieving its purpose of providing an effective pathway for residents to become Australian citizens. The Citizenship Test Review Committee made 34 recommendations to improve the test. The Government fully supported 23 of the recommendations and gave in-principle support to a further four. Further information on the test is available at http://www.citizenship.gov.au/learn/ cit_test/test_changes/.

18. On 30 November 2007, Australia responded to a letter dated 15 October 2007 from the Human Rights Council Independent Expert on Minority Issues, seeking information about Australia’s citizenship provisions. Australia’s response provides an overview of the criteria all migrants must meet in order to become Australian citizens, regardless of race.

19. Further details on the policy and implementation of the test can be found at paragraphs 300 to 310.

Native title reforms

20. On 7 September 2005, the former Attorney-General announced a package of reforms to the native title system comprising six elements. The reform package was designed to enable native title issues to be resolved in a more timely and efficient manner, preferably through agreement-making rather than litigation. The Government conducted nationwide consultations with a wide range of stakeholders in developing the legislation.

21. The Native Title Amendment Act 2007 (Cth) commenced on 15 April 2007. The amendments in this Act give effect to:

• Native Title Representative Body (NTRB) reforms

• The recommendations of the independent Claims Resolution Review

• Amendments to the financial assistance provisions in the Native Title Act 1993 (Cth) (Native Title Act), regarding non-government respondent funding

• Some recommendations of the report into Prescribed Bodies Corporate (PBCs)

22. The Native Title Amendment (Technical Amendments) Act 2007 (Cth) commenced on 20 July 2007. The Technical Amendments Act includes measures to:

• Improve the workability of the Native Title Act by making a series of minor and technical amendments

• Make minor amendments to provisions applying to NTRBs to complement measures in the Native Title Amendment Act 2007

• Partially implement two of the recommendations from the Report on the Structures and Processes of PBCs

23. Some of the amendments, including those relating to PBCs and NTRBs, came into force on 21 July 2007. Most of the technical amendments commenced on 1 September 2007. Further details can be found at paragraphs 119 et seq.

B. Further reform of HREOC

24. The former Australian Government’s Australian Human Rights Commission Legislation Bill 2003, to reform HREOC, has lapsed. The Australian Government is considering its position in relation to an appropriate structure for HREOC.

C. An entrenched guarantee against racial discrimination

25. While there is no specific prohibition against racial discrimination in the Australian Constitution, human rights are currently protected in Australia in a range of ways. These include through: strong democratic institutions; certain rights in the Constitution; the common law; and legislation, including anti-discrimination legislation at the Commonwealth, state and territory levels. Australia has implemented its obligations under Convention on the Elimination of Racial Discrimination in Australian law through the RDA.

D. Reservation to article 4 (a) of the Convention

26. Australia made the reservation to article 4(a) at the time of ratification because it was not in a position to treat all of the matters covered by article 4 as offences. The RDA prohibits discrimination and vilification on the basis of race, and contains civil remedies. All states and territories have enacted legislation that prohibits discrimination and, in some cases, vilification.

E. Burden of proof in civil proceedings involving racial discrimination

27. HREOC generally attempts to conciliate a complaint of unlawful discrimination under the RDA before the complaint can be referred to the courts. A conciliation conference is not a public hearing, a court of law or a tribunal. That means parties do not have to prove or disprove the complaint. Instead, conciliation allows people to state their point of view, discuss the issues in dispute and settle the matter on their own terms.

28. The RDA also enables complaints to be made to HREOC about unlawful discrimination on the basis of race or racially offensive or abusive behaviour. It is unlawful under the RDA to do public acts, either in whole or in part, because of the race, colour or national or ethnic origin of a person or group, and which are reasonably likely to offend, insult, humiliate or intimidate that person or group. There are limited exceptions, including for artistic works, academic publications and fair and accurate reporting on a matter of public interest.

29. If a discrimination or racial hatred complaint cannot be conciliated, the complainant can apply to the Federal Court or Federal Magistrates Court. For racially offensive behaviour complaints, the complainant must prove, on the balance of probabilities, three things: that the act was done in public; that the race (or colour, or national or ethnic origin) of the person or group of people who were being targeted by the defendant was one of the reasons for the act; and that the act was reasonably likely to offend, insult, humiliate or intimidate a reasonable person of that ethnicity.

F. Non-regulatory initiatives

30. The Australian Government acted to combat internet-based racism in 2007. It did so by taking non-regulatory action designed to complement existing federal and state criminal laws, and laws allowing the Australian Communications and Media Authority (ACMA) to direct Australian-based internet hosts to remove content that is ‘Refused Classification’. The measures included A$189 million funding for the NetAlert – Protecting Australian Families Online programme. This programme launched a hotline and website to provide information about security risks on the internet, and free internet filters to help protect families online, including by enabling families voluntarily to block racist online content.

31. ACMA will receive more than A$11.7 million over four years to increase its outreach activities to all Australian states and territories. It received an additional A$2.2 million in 2007–08 to respond to increasing complaints about internet content, requests for internet safety advice and continuing management of the NetAlert programme. The number of police tracking internet predators will double, at a cost of A$43 million. Police will also increase their work with schools and communities through a comprehensive outreach programme and more internet safety officers.

G. State and territory “Bill of Rights” and “Charter of Rights” initiatives

Australian Capital Territory

32. The Australian Capital Territory (ACT) enacted the Human Rights Act 2004 (ACT) as an Act of the ACT Parliament. It was the first ‘charter of rights’ legislation in any Australian jurisdiction. The Act is the product of extensive community consultation and represents the first stage of a legislative scheme that will strengthen the protection of fundamental rights and freedoms in the ACT. The Act gives legal effect to individual rights enshrined in the International Covenant on Civil and Political Rights and recognizes those rights as part of ACT jurisdictional law. The Act requires bills introduced into the ACT Parliament to be accompanied by a statement of compatibility. The ACT courts and tribunals are also required to interpret all legislation, as far as possible, in a way that is consistent with the Act.

33. The ACT Government introduced the Human Rights Amendment Act 2007 (ACT) on 6 December 2007. It was passed by the ACT Parliament on 4 March 2008. The Human Rights Amendment Act amends the Human Rights Act 2004 to, among other things, provide a direct right of action for people flowing from a duty on public authorities to comply with human rights effective from 1 January 2009. From this date, a person will be able to start a proceeding in the ACT Supreme Court against a public authority or rely on their rights under the Human Rights Act in other legal proceedings. The amendments also enable entities other than public authorities to choose to be subject to the obligations that currently attach to public authorities. Entities choose to ‘opt in’ by writing to the relevant Minister who must then make a declaration that the entity is a public authority for the purposes of the duties on public authorities and the right of action against public authorities.

New South Wales

34. A New South Wales (NSW) Parliamentary Joint Legislative Review Committee was established following the 2001 Report from the Parliamentary Standing Committee on Law and Justice which conducted an inquiry into a Bill of Rights for NSW. Although the Report found that it was not in the public interest to enact a statutory Bill of Rights, it recommended that a ‘Scrutiny of Legislation’ committee be established to assess whether any Bill unduly trespasses on personal rights and liberties. As a result of this recommendation, the Joint Legislative Review Committee was established and commenced operations in August 2003.

Northern Territory

35. The Northern Territory (NT) Statehood Steering Committee announced its intention to carry out, in 2007–08, community consultation into issues relating to whether and how the NT should become a state. This consultation addresses the question of whether there should be a NT Bill of Rights. The Committee released its first discussion paper in May 2007. A consolidated paper with final recommendations will be prepared following the release of submissions. The consolidated paper will be taken to a future Constitutional Convention.

Tasmania

36. In September 2006, the Tasmanian Government asked the Tasmanian Law Reform Institute to investigate whether human rights could be better protected and enhanced in Tasmania and, if so, how this could be done. After extensive consultation, the Institute reported to the Tasmanian Government in October 2007, proposing establishment of a Charter of Rights, and making specific recommendations regarding the form it should take. The Tasmanian Government has yet to respond formally to the recommendations.

Victoria

37. Victoria also established a Charter of Human Rights and Responsibilities through legislation in 2006. Parts of the Victorian Charter commenced on 1 January 2007, and the remaining provisions commenced on 1 January 2008. The Charter is an Act of the Victorian Parliament and the rights in the Charter are drawn from the International Covenant on Civil and Political Rights. In addition to information provided in paragraph 80 of the common core document, the Victorian Charter of Human Rights and Responsibilities (Charter): requires new laws to be assessed for compatibility with the Charter; requires courts to interpret laws consistently with the Charter where it is possible to do so; and generally requires public authorities to act compatibly with the rights contained in the Charter. The Charter also provides specific individual and collective rights for Indigenous peoples, and recognizes cultural rights more broadly. The Charter affirms the right of all persons to equality and freedom from discrimination on the basis of attributes including race.

Western Australia

38. In 2007, the then Western Australian (WA) Government proposed developing a Human Rights Act for WA. The process involved: establishing an independent committee of prominent citizens to consult widely on human rights issues; developing a draft Human Rights Bill; and setting up a broad and inclusive public submission process. The final report of the Committee, released in November 2007, noted that a clear majority of submissions and participants in the public consultations were in favour of a WA Human Rights Act. The final report of the Committee was presented to the Government prior to the September 2008 election for its consideration. In addition, the then Attorney-General of WA has forwarded this report to the Australian Government Attorney-General for his consideration, including consideration of a possible Australia-wide human rights Charter.

H. State and territory anti-discrimination legislation and policy

Australian Capital Territory

39. The ACT prohibits discrimination on the grounds of race and the incitement of racial hatred through vilification provisions of the Discrimination Act 1991. Vilification is an offence under the Discrimination Act. In addition, Part 2.4 of the Criminal Code 2002 includes the offence of incitement (section 47).

40. In November 2006 the Human Rights Commission Act 2005 established the Human Rights Commission as a statutory oversight agency for the ACT. It incorporates the functions of the Human Rights Commissioner and the Discrimination Commissioner. These roles are currently filled by the same person, who has responsibility in relation to complaints regarding racial discrimination, hatred and vilification.

41. As part of the Human Rights Commission’s community education, advice and research functions it has undertaken a wide range of initiatives targeting racial discrimination, including working with populations that have been subjected to abuse, providing financial support and expertise to a national research project on awareness of remedies for racism, investigating the application and improvement of vilification laws, and providing targeted awareness training programmes.

42. The Aboriginal and Torres Strait Islander Elected Body Act 2008 establishes an elected Indigenous representative body. The body will advise the Government on issues affecting Indigenous Territorians, and monitor and report on the effectiveness of programmes delivered by ACT agencies including accessibility of services. It will conduct research, hold forums and propose programmes for Government consideration. The elected body is required to consult the United Ngunnawal Elders Council, which represents the traditional landowners of the ACT region.

43. Although not enshrined in legislation, a 2004 Practice Direction of the ACT’s Magistrates Court has established the Ngambra Circle Sentencing Court. The Court seeks to provide an effective and restorative process for the criminal justice response to, and community involvement in the management of, Aboriginal and Torres Strait Islander offenders and their victims. Certain criminal offences can be heard by the court, which convenes in locations other than a traditional courtroom. The Court includes the active participation of Aboriginal and Torres Strait Islander community elders.

New South Wales^[2]

44. In New South Wales multiculturalism is State policy and is enshrined in law. Through the Community Relations Commission and Principles of Multiculturalism Act 2000 (NSW) the different linguistic, religious, racial and ethnic backgrounds of people are recognized and the right of people to profess, practice and maintain their own linguistic, religious, racial and ethnic heritage is assured.

45. The Anti-Discrimination Act 1977 (NSW) allows for exemptions to be granted from the operation of that Act where it is commonsensical or essential to the delivery of special needs services to draw a distinction between sexes, races or age groups, for example. In 2004, the Anti-Discrimination Regulation 2004 (NSW) was amended to include a list of matters to be considered in relation to exemption orders. The list requires the Minister and the NSW Anti-Discrimination Board Board to consider:

• Whether the proposed exemption is appropriate or reasonable

• Whether the proposed exemption is necessary

• Whether there are any non-discriminatory ways of achieving the objects or purposes for which the proposed exemption is sought

• Whether the proponent of the proposed exemption has taken reasonable steps, or is able to take any reasonable steps, to avoid or reduce the adverse effect of a particular act or action before seeking the exemption

• The public, business, social or other community impact of the granting of the proposed exemption

• Any conditions or limitations to be contained in the proposed exemption

46. Following consultations with Aboriginal groups during the introduction of the Adoption Regulations in 2003 (NSW), amendments were made to the Adoption Act 2000 (NSW) to put beyond doubt the requirement for adoption plans for Indigenous children to include information about their cultural identity and heritage. This is seen as vital for both the Indigenous child and their birth parents, as it ensures that all attempts are made to maintain a positive cultural identity for the child.

47. NSW Health produced a guide titled Communicating positively: A guide to appropriate Aboriginal terminology^[3] to provide background information and guidance on appropriate word usage when working with Aboriginal people and communities and when developing policy and programmes to improve health outcomes for Aboriginal people. The guide recognizes that the use of accurate and non-offensive language is an essential component of Aboriginal cultural respect and communication training.

Queensland^[4]

48. In the period 2002 to 2007, the Anti-Discrimination Commission of Queensland (ADCQ)^[5] has dealt with a total of 73 race vilification complaints under the Anti-Discrimination Act 1991 (Qld) complaint process. In the same period, ADCQ dealt with nine complaints of religious vilification.

49. The majority of complaints were resolved through ADCQ’s conciliation process. Since the passing of amendments in 2001, no case of race vilification, and only one case of religious vilification, has proceeded to final hearing before the Anti-Discrimination Tribunal.

Tasmania^[6]

50. Section 19 of the AntiDiscrimination Act 1998 (Tas) prohibits any act that incites hatred, serious contempt for, or severe ridicule of a person, or a group of persons, on the grounds of, among other things, the race of the person or any member of the group. Further, section 21 of the Act criminalises the aiding of contravention of the Act, while section 20 prohibits the promotion of discrimination. Therefore, the Tasmanian legislative framework effectively prohibits acts of incitement to racial discrimination.

51. The following Tasmanian legislation is specific to Indigenous people in Tasmania:

• Aboriginal Lands Act 1995 (Tas)

• Aboriginal Relics Act 1975 (Tas)

• Museums (aboriginal Remains) Act 1984 (Tas)

52. The following Tasmanian legislation makes provision for Indigenous people and acknowledges Aboriginal culture in Tasmania:

• Anatomical Examinations Act 2006 (Tas)

• Burial and Cremation Act 2002 (Tas)

• Children, Young Persons and Their Families Act 1997 (Tas)

• Coroners Act 1995 (Tas)

• Disability Services Act 1992 (Tas)

• Human Tissue Act 1985 (Tas)

• Mental Health Act 1996 (Tas)

• National Parks and Reserves Act 2002 (Tas)

• Nature Conservation Act 2002 (Tas)

• Youth Justice Act 1997 (Tas)

• Living Marine Resources Management Act 1995 (Tas)

South Australia^[7]

53. On 26 October 2006, the South Australian Government introduced a Bill into Parliament to update the Equal Opportunity Act 1984 (SA). The Equal Opportunity (Miscellaneous) Amendment Bill 2006 (SA) proposes a number of changes to provide greater protection against unjustified discrimination, victimisation and harassment.

Victoria^[8]

54. The Multicultural Victoria Act (Vic) came into operation in 2004. It recognizes the social, cultural and economic contribution of multiculturalism to Victoria by enshrining the principles of multiculturalism in legislation. It also requires departments to report on their practices in providing appropriate services for people from culturally and linguistically diverse (CALD) backgrounds.

55. The Racial and Religious Tolerance Act 2001 (Vic) prohibits racial and religious vilification and promotes racial and religious freedom. It supports the right of all people to be treated with dignity and respect. The purpose of the Act is to prevent people from inciting hatred, serious contempt, revulsion or severe ridicule of others because of their race or religion. The Act provides a community standard for people’s behaviour towards each other in Victoria’s modern multicultural society.

56. Following consultation with community stakeholders, the Act was amended in May 2006 to clarify its operation in three areas:

• To confirm that the Act does not prohibit proselytizing

• To facilitate the early resolution of complaints

• To reduce the risk of costly legal proceedings spent on unmeritorious complaints

57. Victoria is reviewing the Equal Opportunity Act 1995 (Vic). The aims of the review include: removing barriers to equality of opportunity; improving the fairness, efficiency and effectiveness of the discrimination dispute resolution process; and empowering the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) to identify and resolve issues of systemic discrimination. This review will inform future Equal Opportunity Act 1995(Vic) reforms and ensure the Act’s consistency with protections provided under the Victorian Charter of Human Rights.

Western Australia^[9]

58. In 2004 the WA Government passed the Criminal Code Amendment (Racial Vilification) Act 2004 (WA). The Act amended the racial vilification provisions of the Criminal Code (WA). It broadened their application with a two-tiered offence structure; increased the maximum penalty to 14 years for the most serious offences; introduced safeguards for freedom of speech; and made ‘race’ an aggravating circumstance in relation to offences that deal with assault, making threats, or causing criminal damage.

59. In November 2006, the WA Government introduced the Equal Opportunity Amendment Bill 2006 (WA) into Parliament. The Bill amends the Equal Opportunity Act 1984 (WA) to make ‘racially offensive behaviour’ unlawful. ‘Racially offensive behaviour’ is the doing of any act, otherwise than in private, that is reasonably likely to offend, insult, humiliate or intimidate another person on the ground of race, or on the ground of a characteristic appertaining or imputed to persons of that race, or to a relative or associate of that person. The Bill is modelled on the corresponding provisions in the RDA.

60. The Bill allows a person, a group of persons, or a representative body on behalf of an affected racial group, to lodge a complaint of racially offensive behaviour with the WA Equal Opportunity Commission. The Commission investigates and attempts to resolve complaints by conciliation. If the complaint cannot be so resolved, it may be referred to the WA State Administrative Tribunal (SAT) for a determination. The SAT may order a person found to have committed racially offensive behaviour to do any reasonable act to redress loss or damage suffered by the victim, including making an apology. The SAT may also order the payment of compensation of up to A$40 000. The Bill creates defences to a complaint of racially offensive behaviour if the conduct in question was done for a range of genuine purposes in the public interest, for example, artistic works and performances, and fair reporting of events. The Bill is awaiting re-introduction into Parliament, following the State election in September 2008.

61. The former WA Premier established and chaired an Anti-Racism Strategy Steering Committee, comprising representatives from community groups, professional bodies and the public sector. The Committee met between 2001 and 2004. The Anti-Racism Strategy developed by the Committee included two major components: the Western Australian Charter of Multiculturalism, and extending WA’s racial vilification laws.

III. Australian Government education and research initiatives

A. Domestic implementation of the Durban Declaration and Programme of Action

62. The Committee has queried how Australia implements the Durban Declaration and Programme of Action (DDPA) (particularly articles 2–7). Australia has implemented its obligations under Convention on the Elimination of Racial Discrimination in Australian law through the RDA and, by doing so, already recognizes principles set out in the DDPA. Key educational programmes that contribute to Australia’s implementation of its obligations under the Convention that mirror the principles set out in the DDPA are described in detail in this chapter. Regulatory actions, such as implementation of the NetAlert initiative, also promote the implementation of the DDPA.

B. Federally funded human rights education

63. The Australian Government promoted education and building public awareness as among the most lasting and effective ways to minimise racial discrimination and promote tolerance of all members of the Australian community (para. 86, common core document). Information about Australia’s diverse cultures and religions is available on the Australian Government website www.immi.gov.au.

64. The Living in Harmony programme funded schools and community groups around Australia to develop projects to educate all Australians about cultural diversity. The projects funded address issues of racism, prejudice and stereotyping related to people’s cultural, racial and religious backgrounds. Some of the groups funded produced educational materials relevant to their local community. The resources included documentaries, teaching guides, workshops techniques, training manuals and online educational packages. The Government is reviewing the Living in Harmony programme, which has operated since 1998.

65. On 23 August 2005, the Australian Government established a Muslim Community Reference Group for a one-year term to provide advice to the Government and to develop initiatives for Australian Muslim communities. At the end of its term, the Muslim Community Reference Group made a number of recommendations to the Government, many of which are now being implemented through the National Action Plan to Build on Social Cohesion, Harmony and Security (the NAP). Consultation with Muslim communities is continuing through the implementation phase.

66. The Australian Government has provided A$35 million over four years for initiatives under the NAP to help build resilience within Muslim communities and encourage their engagement in the wider community. This included A$4.4 million over a four-year period for HREOC to develop specialist training, educational materials and forums aimed at bringing law enforcement agencies and Muslim communities together to resolve issues of conflict and discrimination, particularly among young Muslims. This also included A$1.05 million allocated for three years to the Department of Education, Employment and Workplace Relations (DEEWR) to establish a pilot programme which aims to promote interfaith and intercultural understanding in Australian schools; and to strengthen more effectively the interconnectedness between students, their parents and community leaders with different social backgrounds and belief systems, including Christianity, Islam, Judaism and Aboriginal spirituality. See also: www.valueseducation.edu.au/verve/_resources/Encouraging_Tolerance_Final_Report.pdf.

67. Commencing in 2007, these objectives were developed under a new initiative named the Community Partnerships for Human Rights Program-Working with and for Muslim Communities. Using a community engagement and social inclusion framework to build on HREOC’s Ismaع, Living Spirit and Unlocking Doors projects, HREOC’s programme aims to develop greater awareness and understanding of human rights issues, tackle stereotypes and increase Muslim Australians’ sense of social inclusion and participation in Australia’s social, economic, cultural and political life.

68. The programme delivers coordinated, multi-project, multi-targeted initiatives in the settings of: community policing; justice and the education of the judiciary; art and culture; multi-media; and interfaith. By the end of 2007, six national projects were in their early implementation phases. Further details are available at: http://www.humanrights.gov.au/ racial_discrimination/partnerships/index.html and at paragraphs 236 to 237 and 316 of the common core document.

69. The Australian Government Attorney-General’s Department will also receive A$2.9 million over a four-year period to assist the Muslim community to plan for and respond to issues, incidents and crises.

70. In recognition of the disadvantage faced by many Indigenous Australians, Ministers from all states and territories met in June 2006 for the Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities. HREOC was subsequently engaged, at a cost of approximately A$200 000, to develop a community legal education programme and associated training resources to promote understanding about the effect of customary law and cultural practice on legal and human rights. The programme informs Indigenous Australians about their legal rights and encourages them to report incidents of violence and abuse. HREOC’s programme is supplemented by a criminal justice programme rolled out in 13 service areas across Australia in early 2008 by the Australian Crime Commission, Attorney-General’s Department and Department of Families, Housing, Community Services and Indigenous Affairs, costed at A$4.23 million over four years.

71. The common core document refers in paragraphs 86 to 87 to the World Program for Human Rights Education. Some details of human rights education work undertaken by HREOC during the reporting period are contained in paragraphs 88 to 89 of the common core document. In addition, the following education modules are available on HREOC’s website, produced free of charge for schools:

• Voices of Australia: resources and activities to help combat racism and promote a culture of respect and equality among young Australians

• Bringing Them Home: Learning about the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families

72. DEEWR is also promoting the general themes of the Word Program for Human Rights Education through the ‘Civics and Citizenship’ and ‘Values’ educational programmes. The National Civics and Citizenship Education Forum, titled School education: Civics and citizenship for the future, was held in Canberra in May 2007. It included a showcase of HREOC’s educational resources. The same forum was held in Canberra in June 2008, with the theme ‘From Curriculum to community: the impact of civics and citizenship education’. These programmes encourage students, teachers and parents to develop respectful relationships and attributes within the school community.

73. HREOC is working with states and territories to identify and articulate human rights education in their respective curricula. The common core document, paragraphs 92 to 94, refers to human rights education in schools. HREOC offers an advisory role to the Australian Government and state/territory education departments in their implementation of the United Nations World Programme for Human Rights Education. Australia’s future direction on human rights education may also be considered in light of planned national consultations on human rights.

74. Another significant educational tool during the reporting period was the United Nations Workshop on Engaging the Marginalised, held in Brisbane on 15 August 2005,^[10] which was organized by the Secretariat of the United Nations Permanent Forum on Indigenous Issues and HREOC.^[11]

75. The Department of Immigration and Citizenship (DIAC) has recently made a Calendar of Cultural and Religious Dates available online. Users can search for dates by month, country or religion. This enables wider distribution and access to this information. See: http://www.immi.gov.au/living-in-australia/a-diverse-australia/calendar-australia.

76. DIAC has updated Community Information Summaries, based on the most recent (2006) Census data, for the first 50 countries of birth. They are available at: http://www.immi.gov.au/media/publications/statistics/comm-summ/index.htm.

C. Reports by relevant HREOC Commissioners

77. During the reporting period, HREOC continued its independent human rights monitoring and reporting role.

78. The Aboriginal and Torres Strait Islander Social Justice Commissioner provided an annual Social Justice Report in accordance with section 46C(1)(a) of the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act). Key topics covered in the reports from the years 2002 to 2007 included: capacity building (2002), progress on reconciliation (2003), progress in addressing petrol sniffing on the Anangu Pitjantjatjara Lands (2003), overview of programmes to support Indigenous women exiting prison (2004), approaches to Indigenous health (2005), accessibility of mainstream services (2006), building stronger families and communities, the human rights implications of the Northern Territory intervention and its consistency with the Convention on the Elimination of Discrimination, and tackling family violence and child abuse (2007). A consistent theme of the reports between 2004 and 2006 was the need for engagement with Indigenous communities in policy development.^[12]

79. The Aboriginal and Torres Strait Islander Social Justice Commissioner produces an annual Native Title Report in accordance with section 209 of the Native Title Act. Topics addressed in the reporting period included whether Australia’s native title arrangements met its human rights obligations under international law (2002 and 2003), using native title to improve the economic and social conditions of Indigenous people’s lives (2004), the impacts of amendments to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (2005 and 2006) and the workability of the native title system and whether it is protecting Indigenous peoples’ rights and interests in land (2007). The 2007 Report also provides an analysis of recent reforms to the native title system (2007).^[13]

80. HREOC’s Annual Reports include a statement from the Race Discrimination Commissioner.^[14] The annual statements of the Race Discrimination Commissioner have addressed a range of matters including vilification of Australian Arabs and Muslims and cyber-racism (2002/2003), the impact of ‘the war on terror’ on the Australian Arab and Muslim community, and bringing the Commercial Television Industry Code of Practice into line with the RDA (2003/2004 ), possible Federal legislation to make discrimination or vilification on the basis of religion unlawful (2004/2005), increased legislative measures in the wake of the riots in the Sydney suburb of Cronulla in December 2005, review of the Commonwealth Government Multicultural Policy (2005/2006), and the debate surrounding multiculturalism in the context of globalization (2006/2007).

D. State and territory education and research initiatives

New South Wales

81. The Community Relations Commission For a Multicultural NSW assesses the effectiveness of public authorities in observing the Principles of Multiculturalism and reports annually to the Parliament of New South Wales on the state of community relations in New South Wales as affected by cultural diversity.

82. The NSW Anti-Discrimination Board performs a community education role in relation to NSW Anti-Discrimination laws. Initiatives include:

• Workplace training: This programme is designed to educate employees about their rights and responsibilities; inform managers about how to make equitable decisions; assist managers to take ‘all reasonable steps’ to prevent bullying, harassment and discrimination; educate organizations about the benefits of complying with equal employment opportunity (EEO) principles; and give managers the skills to handle grievances effectively.

• Community education: This includes training programmes for Chinese, Vietnamese and Korean-speaking clothing outworkers; and the Advance Australia Fairly campaign (see information box D).

• Aboriginal outreach service: The outreach programme employs three Indigenous officers to link the Anti-Discrimination Board with Indigenous individuals and communities throughout NSW. They investigate and conciliate complaints of discrimination from NSW Indigenous people and develop and implement a planned and structured outreach programme.

83. The NSW Department of Education and Training also established relevant educational programmes during the reporting period. These include:

• Cultural exchange: All schools in NSW are able to participate in an innovative cultural exchange programme. Schools register through a website^[15] to develop their own cultural exchange programmes with other NSW school communities. The aim is to promote greater understanding and acceptance of Australia’s cultural, linguistic and ethno-religious diversity.

• Making Multicultural Australia website.^[16] This website contains current reference materials as well as teaching ideas, student activities and a range of other teaching and learning resources to assist young people, parents, teachers and the community to explore Australia’s cultural diversity, tolerance and anti-racism.

Queensland

84. The Queensland Government’s Workforce Diversity and Equity Framework for Action 2006–2008^[17] contains innovative and responsive programmes for all employees, as well as initiatives tailored specifically for women, employees from non-English speaking backgrounds and employees with a disability.

85. The Migrant Work Experience Program^[18] operates across the Queensland public sector. This ten-week programme provides migrants to Queensland with an opportunity to learn new administrative skills through a four-week technical and further education (TAFE) programme followed by a six-week practical work placement in a Queensland public sector agency.

86. The Anti-Discrimination Commission of Queensland’s website now contains information in 28 languages. During the past six years, an effort has been made to ensure web material is available to newly emerging communities in Queensland.

87. Rights cards in the English, Arabic, Bosnian, Farsi and Indonesian languages have been produced and distributed. These include advice about the unlawfulness of racial and religious vilification.

88. The Queensland Government has worked on a range of strategies to make complaint processes more accessible for people from culturally and linguistically diverse backgrounds, including newly arrived migrant communities. One initiative involved the distribution of brochures and posters with the theme ‘It’s OK to Complain – Your Rights are our concern’ to reassure and support people about their right to complain. The literature was published in eleven languages.

89. In early 2006, the first Equal treatment benchbook was prepared and launched by the Supreme Court of Queensland. The Benchbook provides judges with information to ensure that court proceedings are managed in a way that is fair to all litigants and other participants, irrespective of their circumstances. The Benchbook ensures judges are alert to circumstances, which, if overlooked, could result in an injustice or a perceived injustice. It covers such topics as justice and equality; ethnic diversity in Queensland; religions in Queensland; family diversity; Indigenous Queenslanders; Indigenous culture, family and kinship; Indigenous language and communication; and Indigenous people and the criminal justice system.

90. The Queensland Roars Against Racism^[19] campaign is a partnership between Multicultural Affairs Queensland and the Queensland Roar FC, Queensland’s national A-League soccer team. The campaign was launched in 2007 and sends positive messages in support of harmony.

91. As part of the Queensland Government’s Muslim Community Engagement Strategy, A$105 000 was provided in 2006 for three research projects: Identity and Self-Perception among Young Muslim People in Brisbane, Rockhampton and Mackay; the Impact of Media Representations on the Understanding of Islam and Attitudes towards Muslims in Queensland; and Engaging Queensland’s Community: a Strategy for Reducing Unemployment among Queensland’s Muslims. All three projects have now been completed.

92. The first Islamic Awareness Week was held in August 2006 and provided the opportunity for all Queenslanders to learn more about Islam, encouraging understanding and countering misconceptions. Another initiative was the Abrahamic Faiths Forum held at Queensland’s Parliament House. The event brought together faith and community leaders and representatives of government agencies to share their perspective on promoting community harmony in Queensland.

93. The Queensland Government provided A$100 000 per annum over three years to the Centre for Multicultural Pastoral Care to undertake the Confronting Racism in Communities Project, which provides support, education, training and resources to the community sector in order to identify, document and combat racism throughout Queensland.

South Australia

94. The South Australian Government is working to meet Target 5.8 in South Australia’s Strategic Plan, which seeks to increase the percentage of South Australians who accept cultural diversity as a positive influence in the community. To achieve this target, the South Australian Government works with the community to implement three strategies:

• Build community capacity within ethnic communities

• Promote Community Harmony

• Build the capacity of South Australian government agencies to deliver culturally and linguistically appropriate programmes and services

95. Specific education and research initiatives include the Multicultural Grants Scheme that promotes multiculturalism and increasing the number of SA Government employees completing cultural awareness training.

96. The South Australian Equal Opportunity Commission provides educational material and training courses on discrimination (including racial) and the State’s anti-discrimination legislation. Training courses offered by the Commission can also be tailored to the specific needs of organisations.

97. Multicultural SA, a South Australian Government agency, provides community education services to combat racism and helps ethnic communities to be informed of their rights. One of the programmes that Multicultural SA runs is the Women’s Leadership Courses, which aims to equip women from ethnic communities to participate in leadership roles. Courses have been conducted in metropolitan and regional areas. The courses are jointly funded by TAFESA Workplace Education, Multicultural SA and the Office for Women, so they can be provided free to participants. Graduates receive a Certificate III in Business Frontline Management.

Tasmania

98. The Tasmanian Office of the Anti-discrimination Commissioner maintains an ongoing programme of education in relation to various aspects of Tasmania’s anti-discrimination legislation. This includes a number of activities specifically targeting discrimination on the basis of race.

99. The Tasmanian Government, in partnership with the Australian Government Department of Immigration and Citizenship, has initiated the Tasmanian Multicultural Youth project. This is being progressed under the NAP.

100. Through its Multicultural Tasmania grants programme, the Tasmanian Government also funds community projects that foster awareness of cultural diversity and promote the benefits of multiculturalism.

Victoria

101. In connection with the introduction of the Racial and Religious Tolerance Act 2001 (Vic), the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) has delivered a range of education initiatives to inform the community about their rights and responsibilities.

102. The VEOHRC is also responsible for educating the Victorian community about the Victorian Charter of Human Rights, and human rights more generally. Education has targeted the community and not-for-profit organisations through: conferences; education and training workshops; resource development; and specific projects, including a community arts project. A human rights forum targeting Indigenous community workers was hosted by the VEOHRC in conjunction with the Victorian Aboriginal Legal Service, in March 2008.

Western Australia

103. The Western Australian Department of Education and Training has developed syllabuses for early childhood (Kindergarten to grade three), middle childhood (grades four to seven) and early adolescence (grades eight to 10), which address areas related to the elimination of racial discrimination, such as:

• Recognizing and accepting difference

• Accepting and celebrating difference

• Challenging discrimination

• Appreciating diversity

• Identifying discrimination, harassment and vilification

IV. Indigenous initiatives

A. Reconciliation

104. The Australian Government is firmly committed to the ongoing process of reconciliation. On 13 February 2008, the Prime Minister, the Hon Kevin Rudd MP, made a formal apology to Australia’s Indigenous peoples and in particular to the ‘Stolen Generations’ for past governments’ policies that resulted in the removal of Indigenous children from their families and communities. The Government continues to work in partnership with representatives of Stolen Generations organizations to address the distinct needs of Stolen Generations members.

105. An apology was recommended in the Bringing Them Home report (1997) which detailed HREOC’s inquiry into past governments’ policies of forcibly removing Indigenous children from their family and communities.

106. The Government continues to work in partnership with representatives of Stolen Generations organizations to address the distinct needs of Stolen Generations members.

107. The Commonwealth Government has set as a national priority closing the disadvantage gap between Indigenous and non-Indigenous Australians. To do this, the Government is directing its policies and programmes at a set of measurable and time-specific targets, namely:

• To close the life-expectancy gap between Indigenous people and other Australians within a generation

• To halve the mortality gap between Indigenous children and other children under age five within a decade

• To halve the gap in literacy and numeracy achievement between Indigenous students and other students within a decade

• To halve the gap in employment outcomes for Indigenous people within a decade

• To at least halve the gap in attainment by Indigenous students at Year 12 schooling (or equivalent level) by 2020

• To provide all Indigenous four year olds in remote communities with access to a quality preschool programme within five years

108. Since 2001, the Australian Government has contributed A$20 million to Reconciliation Australia, an independent, non-profit body established to provide a continuing national focus for reconciliation. The Government also invested more than A$8 million in the ongoing development of Reconciliation Place in Australia’s capital, Canberra. Reconciliation Place contains a collection of monuments representing Australia’s journey of reconciliation, including art works, sculptures and images symbolising the experiences and contribution of Indigenous people.

109. 2007 marked the 40th anniversary of the referendum in which over 90 per cent of eligible Australians voted to enable the Commonwealth to make laws in relation to Indigenous Australians in the same way as it could for other Australians, and to include Indigenous peoples in Australia’s official population census figures. The Australian Government funded Reconciliation Australia to hold events to commemorate the people who were instrumental in achieving the successful referendum.

110. Australian Government departments have prepared and commenced implementation of Reconciliation Action Plans to contribute further to reconciliation in Australia. Over 25 Australian Government departments and agencies have developed Reconciliation Action Plans, outlining their commitment to practical actions towards reconciliation, including through strategies to promote Indigenous employment in the Australian Public Service. At June 2007 there were 3385 Indigenous employees in the Australian Public Service. This process is supported by Reconciliation Australia on whose website the Reconciliation Action Plans can be found.^[20] For further information, see paragraphs 123 to 125 of the common core document.

State and territory reconciliation initiatives

111. State governments have also initiated reconciliation activities focused on addressing their respective jurisdiction’s particular needs. For example, in New South Wales, the state government, in partnership with the NSW Reconciliation Council, supports the Budyari Ngalaya – First Peoples’ Business Partnerships. Through this initiative, the NSW Government promotes alliances between Australian businesses and Aboriginal people and facilitates Aboriginal economic development.

112. The Queensland Government has invested significant effort in identifying, registering and making records available to Indigenous people who were subject to historical government controls over many aspects of their lives from the 1890s to the early 1970s. Since 1992, the Community and Personal Histories Unit in the Office for Aboriginal and Torres Strait Islander Partnerships has worked closely with the Queensland State Archives to provide information to people who were subject to these government controls.

113. In August 2007, the SA Supreme Court awarded damages to Mr Bruce Trevorrow in the case of Trevorrow v State of South Australia.^[21] Mr Trevorrow had been removed from his mother’s care in 1957 at the age of 13 months. The court’s decision was the first successful Stolen Generations court claim in Australia. The SA Government will pay the compensation to Mr Trevorrow, but appealed to the Full Court of the Supreme Court in March 2008 on matters relating to questions of law.

114. Victoria amended its Constitution in 2004, to formally recognize Victoria's Indigenous people as the original custodians of the land, and to acknowledge their unique status as the descendants of Australia’s first peoples; their spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria; and their unique and irreplaceable contribution to the identity and well-being of Victoria.

115. The Victorian Government’s commitment to reconciliation is clear in the arrangements established to ensure the provision of strategic policy advice and community perspectives.

116. The Ministerial Taskforce on Aboriginal Affairs provides Whole of Victorian Government advice to improve outcomes for Indigenous people in keeping with the Victorian Indigenous Affairs Framework. Aboriginal Affairs Victoria is the key agency for advice on Aboriginal affairs. It promotes knowledge and understanding about Victoria's Aboriginal people within the wider community, and also administers legislation that protects Aboriginal cultural heritage.

117. The Victorian Government has also set up a number of bodies to provide representative advice. The Premier’s Aboriginal Advisory Council has recently been reconvened to act as a forum for Indigenous community perspectives to inform Government direction and processes.

118. Local Indigenous Networks (LIN) provide a voice for their community, identify local issues and priorities. and plan for the future. LIN representatives from each region form Regional Indigenous Councils (RICs). The role of the RICs is to provide advice to the Victorian Government on Indigenous issues from a regional and community perspective. LINs and RICs are supported by Community Engagement Brokers from the Department of Planning and Community Development, who operate throughout Victoria, and work with local colleagues to progress reconciliation.

B. Australian Government’s Northern Territory Emergency Response (NTER)

119. The NTER is a significant Australian Government initiative announced in June 2007, with bi-partisan support, in response to a report on the prevalence of child abuse in some Indigenous communities. The NTER encompasses a range of measures focusing on community safety, health, housing and living conditions, welfare reform and restrictions on alcohol and pornography. To address these goal areas, the Australian Government is funding programmes in the areas of: welfare reform and employment; law and order; enhancing education; supporting families; improving child and family health; housing and land reform; and coordination.

120. The following legislation (passed by the Australian Parliament on 17 August 2007) gives effect to the emergency provisions:

• Northern Territory National Emergency Response Act 2007 (Cth)

• Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007 (Cth)

• Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 (Cth)

121. Many of the NTER legislative provisions are time-limited.

122. The Government adopted a multi-sectoral approach to address multi-facetted and deep-seated problems through the NTER. In 2007–08, A$467 million was expended among seven interlinked measures which were intended to work in combination. The seven measures covered were:

• Supporting families (A$28.37m): Children’s services and family support; child at risk workers for NT Child Protection Services; safe places for families escaping family violence; youth alcohol diversionary services

• Promoting Law and Order (A$68.63m): Increased police presence in remote communities; Australian Crime Commission (and National Indigenous Intelligence Taskforce and Child Abuse Desk) funding; alcohol, drugs and pornography restrictions; Northern Territory Aboriginal interpreter services; expansion of Northern Territory night patrol services; additional legal services for Indigenous Australians

• Improving child and family health (A$54.28m): Child health checks and medical follow-up and treatment; child special services; drug and alcohol treatment and rehabilitation service

• Housing and land reform (A$75.99m): five year lease programme; urgent repairs to infrastructure; community clean-ups; permits to enter Aboriginal land

• Welfare reform and employment (A$164.52m): Welfare reform including income management and community stores; increased participation activities for people on income support in remote areas; active school participation; Community Education Brokers

• Enhancing Education (A$21.40m): Additional classrooms; scaffolding literacy (Accelerated Literacy Program); quality teacher package; school nutrition programmes; volunteer teacher initiative

• Coordination (A$53.80m): Taskforce role; Government Business Managers; community engagement and volunteering programmes; logistical support

123. Provisions in the three Acts make clear that the NTER and related legislation are ‘special measures’ for the purposes of the RDA and excluded from Part II of the RDA. They also exempt the NTER from protections against discrimination at the territory level.

124. The Australian Labor Government when in Opposition in 2007 did not support the blanket exemptions of the NTER package of measures from Part II of the RDA. The amendments which it proposed during the passage of the NTER legislation sought to clarify that the measures were special measures under the RDA and were consistent with the RDA and CERD.

125. An independent review of the NTER was conducted in 2008, involving a consultation process, to determine whether the NTER measures are delivering the substantive outcomes envisaged. These include: protecting children; making communities safer; and laying the basis for a sustainable future for Indigenous people in the Northern Territory. The review was asked to have regard to the Government’s intention that policy and programme measures to be adopted or endorsed by the Government give primacy to the interests of families and children and have regard to the RDA.

126. The Review Board made three over-arching recommendations:

• There was an ongoing need to address issues of ‘urgent national significance in the NTER communities’

• Both the Australian and Northern Territory Governments need to re-set their relationship with Aboriginal people

• Government actions need to respect Australia’s human rights obligations and conform with the Racial Discrimination Act (RDA) 1975

127. The Government has accepted these recommendations and has committed to continuing and strengthening the NTER. The Government has announced that legislative amendments to bring existing NTER legislation within the scope of the RDA will be introduced in the 2009 Spring Parliamentary session. The Government will respond in full to the Review Board’s recommendations, including regarding future funding arrangements.

128. Following the reporting period, the Government introduced legislation into the Parliament on 25 November 2009 to restore the operation of the RDA in relation to the NTER legislation, and to redesign the NTER measures to make them sustainable for the transition of the NTER to the long-term development phase. These measures include income management; alcohol restrictions; pornography restrictions; five-year leases; community store licensing; controls on use of publicly funded computers; law enforcement powers; and business management areas powers.

129. The amendments follow an unprecedented level of consultation with remote Aboriginal communities in the Northern Territory, with over 500 meetings being held in over 100 communities.

130. In October 2007, the Australian Government received a letter from three United Nations Special Rapporteurs, alleging breaches of Australia’s domestic and international human rights obligations in undertaking measures for the NTER. A copy of the Government response, dated 22 November 2007, is at annex B.

NT Government initiatives supporting the NTER

131. Closing the Gap is the NT’s Indigenous Generational Plan, aimed at closing the gap in outcomes between Indigenous and non-Indigenous Territorians.^[22] It contains objectives for the future socio-economic wellbeing of Indigenous Territorians and sets ambitious but achievable targets for the next five, 10 and 20 years. It also identifies priority areas for action in the next five years, based on the best available evidence.

132. The NT Government has committed A$286.43 million towards five-year actions to implement Closing the Gap. The package includes 223 positions:

133. Further details of the Closing the Gap measures being implemented follows.

Legislative reforms

• Passage of the Care and Protection of Children Bill in 2007, to replace old legislation and provide for a Children’s Commissioner and other child protection measures

• Introduction of legislation into the Legislative Assembly in August 2007, to facilitate reform of local government, in particular in remote and rural areas

• Declaration of dry areas under 2006 amendments to the Liquor Act, commencing with Alice Springs on 1 August 2007 and progressing to other areas

• Further amendments to the Liquor Act in August 2007 to empower the Minister to implement urgent liquor supply measures, to implement alcohol restrictions in town camps and to provide power to police to search vehicles

• Passage of the Evidence of Children Amendment Bill in August 2007 to provide greater protection for child victims and witnesses. Further reform of the laws of evidence by possible adoption of the national uniform Evidence Bill

• Introduction of legislation amending the Bail Act so as to protect witnesses and victims, and reverse the presumption in favour of bail in regard to an accused person charged with a (classified) serious sexual offence

• Introduction of new domestic violence legislation into the Legislative Assembly in late 2007 to improve the effectiveness of restraining orders, including their effectiveness in remote communities

• Development of legislation to reform the committal system (and reduce the involvement of victims of crime in the criminal law system)

Safety – child protection – A$79.36 million

• Strengthen the child protection system by introducing the Care and Protection of Children Bill, establishing a Children’s Commissioner, expanding Child Abuse Taskforce to include 23 Families and Community Services staff and 24 police, recruiting 10 additional child protection workers, expanding Sexual Assault Referral Centres, improving case management, and recruiting 10 school counsellors

• Introduce Evidence of Children Amendment Bill and new domestic violence legislation

Safety – policing, justice and family violence – A$38.61 million

• Implement the Remote Area Policing Strategy, in partnership with the Australian Government, including 16 additional police

• Establish 10 community courts, employ 10 community corrections officers and establish a witness assistance service in Katherine

• Introduce integrated community based family violence programmes

• Continue the Juvenile Diversion Program, within existing resources

• Implement sexual offender rehabilitation and therapy programmes and expand the Elders Visiting Program

• Implement a pornography and gambling education programme

Safety – alcohol and drug management – A$10.11 million

• Introduce amendments to the Liquor Act and declare dry areas

• Implement alcohol management plans and a licensing identification system, recruit eight compliance officers and two court clinicians, and expand the Return to Home programme

Health – A$23.4 million

• Establish integrated family/children centres in remote communities to deliver early childhood education and health programmes

• Expand alcohol rehabilitation and treatment services

• Provide sport and recreation programmes and infrastructure in each local government shire

• Expand and implement programmes targeting hearing loss and preventable chronic disease

Housing – A$42.32 million

• In partnership with the Australian Government, work to address the backlog in remote Indigenous housing

• Negotiate with the Australian Government for a significant share of the $1.6 billion ARIA programme

• Roll out the $100 million NT Government commitment to remote housing over five years

• Provide houses for the growth in government employees to be based in remote communities, at a cost of $42.32 million

Education – A$70.68 million

• Provide six new mobile preschools and 21 teachers and assistants

• Recruit 26 teachers across the territory, build 15 classrooms, establish a school attendance team, upgrade two homeland learning centres and 15 community education centres

• Develop partnership programmes to improve student engagement and community involvement

Jobs – A$13 million

• Transition Community Development Employment Project (CDEP) jobs supporting Northern Territory Government activities to mainstream Northern Territory Public Sector positions

• Implement Indigenous economic development initiatives

• Develop a component under the 10 Year Infrastructure Plan for road access to remote areas

• Use current and future Indigenous housing construction programmes and capital works programmes to facilitate opportunities for training and employment of local Indigenous people

Culture – A$0.5 million

• Expand Indigenous culture programmes in Northern Territory Government schools

• Implement cross-cultural programmes in the Northern Territory public sector

• Implement a whole-of-government Indigenous communications strategy

A better way of doing business – A$8.45 million

• Establish an Indigenous Affairs Advisory Council to the Chief Minister

• Establish local community boards to allow community representation and involvement in local government, to promote Indigenous leadership and provide the basis for Indigenous people to meet their obligations to build a better future for their children

• Provide infrastructure to support local community governance

134. Other states and territories are also committed to combating child sexual abuse in Indigenous communities. For example, the NSW Government has developed the NSW Interagency Plan to Tackle Child Sexual Assault in Aboriginal Communities 2006–2011, which contains 88 actions to tackle Indigenous child sexual abuse. In addition, the Safe Families Program is being implemented in Western NSW to prevent child sexual abuse in Aboriginal communities by providing child and family early intervention and support services together with broad community engagement and education initiatives.

C. Native title system reform

135. The Native Title system reform package has been implemented administratively and through two pieces of legislation: the Native Title Amendment Act 2007 and the Native Title Amendment (Technical Amendments) Act 2007, details of which are mentioned at paragraphs 21 et seq.

136. Reforms to Native Title Representative Bodies (NTRBs), which perform the role of representing native title claimants, are aimed at achieving greater responsiveness, effectiveness and accountability. For example, the reforms aim to increase accountability through the introduction of a fixed term of recognition for NTRBs. Multi-year funding (up to three years) has also been introduced to assist with long-term planning, including recruiting and retaining skilled staff. The Government also funds capacity building projects for NTRBs.

137. As another part of the reform package, the former Government undertook an examination of the structures and processes of the bodies that hold native title, known as Prescribed Body Corporates (PBCs), with a view to enhancing their effectiveness. The reforms flowing from that examination were set out in a report presented to the former Government in October 2006. The former Government accepted all 15 recommendations of the report, which are designed to improve the ability of PBCs to access and utilise existing sources of assistance, improve the flexibility of the PBC governance regime to accommodate specific interests and circumstances of the native title holders, better align existing sources of potential assistance with PBC needs, and encourage state and territory government involvement in addressing PBC needs. These measures have been or will be implemented through amendments to the Native Title Act, associated regulations and administrative processes.

138. The financial assistance scheme for funding non-government respondents to native title claims was also reviewed, to strengthen the focus on resolving native title issues through agreement-making, rather than through litigation, and to ensure parties act reasonably. The former Government undertook extensive consultation with stakeholders in 2005 and 2006 on revised Guidelines that support the Native Title Respondent Funding Scheme. The revised Guidelines commenced on 1 January 2007.

139. The reform package included an independent review of native title claims resolution processes. The Claims Resolution Review considered how native title claims can be most efficiently and effectively resolved, primarily through mediation and agreement-making, and how the National Native Title Tribunal and the Federal Court can work together more effectively. The former Government accepted the majority of recommendations in the Review and implemented a number of measures through legislation. The Tribunal and the Court are also implementing administrative measures.

140. The reform package also included technical amendments to the Native Title Act to improve existing litigation and future act processes. For example, it is no longer necessary for some claims which are being amended to undergo the registration test. The final aspect of the reforms is an ongoing process of increasing the level of transparency and communication between all parties involved in native title claims. The former Attorney-General convened two meetings of state and territory Ministers with native title responsibilities, one in 2005 and a second in 2006. The second meeting provided an opportunity to discuss implementation of the reform measures. The current Attorney-General convened a third meeting with state and territory Ministers on 18 July 2008.

141. Paragraph 16 of the Committee’s concluding remarks seeks statistical information about the native title system. As at 30 June 2008, there were 112 native title determinations. 77 of these found that native title exists in at least some of the determination area. The National Native Title Tribunal website contains a range of current statistics and maps including about claimant applications, native title determinations and Indigenous land use agreements.^[23]

D. State and territory native title and land rights initiatives

142. During the reporting period, states and territories have engaged proactively to reduce the number of claims in the native title system. For example, the WA Office of Native Title developed Guidelines for the Provision of Information in Support of Applications for a Determination of Native Title in 2004, to assist claimants in providing material with a view to reaching a consent determination. In addition, South Australia’s Strategic Plan (target T3.15) aims to resolve all SA native title claims by 2014, primarily through a negotiated agreement process.

143. In NSW, over 121 local Aboriginal Land Councils manage communally held Indigenous land. In 2006, the NSW Government amended the Aboriginal Land Rights Act 1983 to enable the Councils to provide community benefits for Aboriginal people, including education and training, scholarships and other assistance for education and training and cultural activities.

E. Preservation of Burrup rock art

144. By letter dated 1 November 2007, the Government received a request from the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and the Special Rapporteur on Freedom of religion or belief, for information concerning the Indigenous rock art complex situated in the Burrup Peninsula, in the Dampier Archipelago in Western Australia. The request set out a summary of alleged facts concerning the possible imminent destruction of the Burrup rock art complex, and asked the Government to respond to two specific questions. The first question asks the Australian Government to confirm whether the alleged facts are accurate. The second question asks the Government to ‘provide detailed information of the measures that have been taken to seek the free, prior and informed consent of the Ngarluma and Western Ngarluma (Wong-Goo-Tt-Oo) communities in relation to the Pluto LNG Project, as well as to preserve the sites of cultural, religious or spiritual significance of these communities in [certain sites] of the Dampier complex’.

145. The Government response was provided to the Special Rapporteurs on 23 June 2008, and addressed by the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people in the addendum to his report to the ninth session of the Human Rights Council in September 2008.^[24]

F. United Nations Declaration on the Rights of Indigenous Peoples

146. The Australian Government recognizes that Indigenous people are entitled to the same rights as all other people under all international treaties dealing with human rights to which Australia is a party. The Australian Government recognizes the importance of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration) globally. The Government undertook consultations on issues contained in the Declaration and studied the Declaration's implications for Australia with Australia's State and Territory Governments and Indigenous and non-Indigenous stakeholders.

147. The Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MP announced the Government’s support for the United Nations Declaration on the Rights of Indigenous Peoples on Friday 3 April 2009 in a ceremony at Parliament House Canberra. The announcement has received positive support from prominent Indigenous people both in Australia and internationally, the United Nations High Commissioner for Human Rights and from the broader community.

G. Engaging Indigenous peoples in decision-making

148. The Government is committed and working towards building a strong partnership with Indigenous Australians, based on respect, cooperation and mutual responsibility. It is consulting with Indigenous Australians from urban, regional and remote localities across a diverse range of issues, including that of establishing a national Indigenous representative body. Engagement with Aboriginal and Torres Strait Islander peoples, peak Indigenous organisations and the States and Territories on the possible role and structure of the body has been fundamental to the consultation process. An issues paper outlining the key considerations for discussion was released by the Australian Human Rights commission’s Aboriginal and Torres Strait Islander Social Justice Commissioner in mid-2008 and a Community Guide to the paper has been used during consultations on the development of a new representative body. The Government’s policy-making will continue to be informed through sector-specific Indigenous organizations and formal advisory mechanisms.

149. The Australian Government’s approach to representative participation and seeking the ‘free, prior and informed consent’ of Indigenous peoples in relation to initiatives that affect them in the reporting period prior to 25 November 2007 have been addressed in the following documents:

• Paragraphs 14 (representative networks); and 19 to 20 (‘free, prior and informed consent’), Australia’s Response to the Committee’s concluding remarks

• Paragraphs 181 to 182 (seeking Indigenous participation in decision-making); paragraphs 184 to 185 (the Aboriginal and Torres Strait Islander Commission and its abolition); and paragraph 188 (the National Indigenous Council), Australia’s common core document

150. Queensland’s commitment to the fundamental principle of community engagement based on partnership is evidenced by the Indigenous Partnership Agreement (2007–2010),^[25] which was developed with mayors of Queensland’s Indigenous communities and signed by them and the Queensland Government in July 2007. The Indigenous Partnership Agreement is put into effect at a local community level by individual Local Indigenous Partnership Agreements. The Indigenous Partnership Agreement is supported by a series of Ministerial Indigenous Roundtables with mayors of Indigenous communities, which are held four times a year.

151. In South Australia, the eight-member SA Aboriginal Advisory Council advises the Premier and Minister for Aboriginal Affairs and Reconciliation on the full range of social and service delivery issues, while the recently established Office of the Commissioner for Aboriginal Engagement is responsible for addressing systemic issues that act as barriers for Indigenous people accessing services. It also mentors Indigenous leaders and public advocates for engagement between the broader community and Indigenous people.

152. Victoria has developed accredited Indigenous-specific organizational governance training programmes to strengthen the operational capability of Indigenous organizations.

153. In addition to information outlined in paragraph 191 of the common core document, Victoria is establishing Local Indigenous Networks in 38 locations across the state. The networks will provide a local Indigenous voice direct to Government, help build skills of community members, and develop concrete plans to bring about positive change in local communities.

H. Australian Government benchmarks for measuring Indigenous disadvantage

154. The Australian Government is committed to monitoring outcomes for Indigenous people systematically, to help tackle the root causes of disadvantage. In 2002, the Council of Australian Governments (COAG) commissioned a regular report against key indicators of Indigenous disadvantage. The Overcoming Indigenous disadvantage: Key indicators report (the OID report) is published biennially, and shows how much progress has been made and how much more needs to be done to close the gap.

155. States and territories use similar indicators. For example, Partnerships Queensland: Future directions framework for Aboriginal and Torres Strait Islander Policy in Queensland 2005–2010^[26] is supported by a robust performance framework, including a Baseline Report published in 2007 from which progress is measured. The performance framework and outcomes reports, which monitor the wellbeing of Indigenous Queenslanders, are based on the Overcoming Indigenous Disadvantage key indicators framework and align with COAG’s Working Group on Indigenous Reform agenda.

I. Addressing Indigenous disadvantage: Australia’s strategy for the future

156. The Australian Government is committed to an agreed national objective of closing the 17-year gap in life expectancy between Indigenous and non-Indigenous Australians within the next generation. In addition, the Government aims to:

• Halve the gap in mortality rates for Indigenous children under five within a decade

• Halve the gap in reading, writing and numeracy achievements within a decade

157. At the March 2008 COAG meeting, Australian Governments agreed to an additional three targets, committing to:

• Halve the gap in employment outcomes between Indigenous and non-Indigenous Australians within a decade

• Ensure that all four year olds in remote communities have access to early childhood education within five years

• At least halve the gap for Indigenous students in Year 12 attainment or equivalent attainment rates by 2020.

158. The Government recognizes that the pathway to closing the life expectancy gap is inextricably linked to economic development and improved education outcomes.

159. The Government provided an estimated A$4.4 billion on Indigenous-specific programmes in 2007–08. Measures within this package focus on the key areas of health, education, employment, welfare reform and housing, and are aimed at improving the opportunities available to Indigenous people in Australia.

160. The Australian Government recognizes the disparity in educational outcomes between Indigenous and non-Indigenous Australians. Some improvements have occurred, for example the most recent statistics relating to school education in Australia show that the Year 12 retention rate for Indigenous students has risen to 42.9 per cent, a rise from 29 per cent in 1996.^[27]

161. In recognition of this disparity, the Australian Government has committed to improving educational outcomes for Indigenous people. All Australian governments, through COAG, have committed to the following Indigenous education targets:

• Within five years all Indigenous four year olds in remote communities will be able to attend a proper early childhood centre or opportunity

• Within a decade the gap between Indigenous and non-Indigenous students in reading, writing and numeracy benchmark achievement will be halved

• By 2020 the gap between Indigenous and non-Indigenous Australians in the attainment of Year 12, or its vocational equivalent, will be halved

162. In the 2008–09 Budget, the Australian Government has introduced a range of initiatives aimed at closing the gap including:

• The Building Strong Foundations Program to assist in the delivery of literacy and numeracy programmes and the delivery of Individual Learning Plans

• Providing three new boarding facilities in the Northern Territory

• Increasing teacher numbers in the Northern Territory.

163. The Government is also continuing initiatives under the Northern Territory Emergency Response, such as the continuation of the School Nutrition Program and the Enhancing Education initiatives. These are in addition to existing programmes, both Indigenous specific and mainstream, delivered by the Australian and state and territory governments.

164. Most states and territories have developed complementary strategies and research. For example, in 2007, the NSW Government initiated a NSW parliamentary inquiry into overcoming Indigenous disadvantage. The inquiry is principally focused on identifying strategies to address the lifetime expectancy gap between Aboriginal and non-Aboriginal people (currently estimated to be 17 years). A copy of the submission of the NSW Minister for Aboriginal Affairs is available online.^[28]

165. In November 2006, the NSW Government released its State Plan outlining priority areas for Government action over the next ten years. The priorities were identified in consultation with the people of NSW, and its 14 high-level goals include one titled Addressing Indigenous disadvantage – Strengthening Aboriginal Communities. Under this goal, State Plan Priority F1 aims to improve health, education and social outcomes for Aboriginal people. The objectives under this priority are focused on family safety, education, environmental health and economic development.

166. In addition, the NSW State Plan gives priority to an underlying strategy called Aboriginal People – Building Community Resilience. This strategy was developed in recognition that ensuring stronger communities and affirming Aboriginal culture and heritage are critical to the success of other initiatives that focus on addressing Aboriginal disadvantage.

J. Closing the gap: overview of progress during the reporting period

167. Although Aboriginal and Torres Strait Islander peoples are the most disadvantaged group in the Australian community, the 2007 OID report reveals that many Indigenous people have shared in Australia’s recent economic prosperity, recording improved employment outcomes and higher incomes. While progress in some areas has been slow, there have been welcome improvements in some educational and health outcomes for Indigenous children. For further information, refer to paragraphs 120 to 121; 405 to 407; 413 to 414; 512; 521 to 524; 532 to 536; 576 to 577; 579 of the common core document with the following updates.

168. Quantifiable progress has been made in some areas in reducing the level of social and economic disadvantage experienced by Indigenous Australians. Some examples are that:

• There is evidence that the gap in reading levels for Year 3 Indigenous students and the student population generally has been closing

• Between 1992–94 and 2000–2004, Indigenous death rates for infectious and parasitic diseases fell from between 15 to 18 times the non-Indigenous average to five times

• Between March 2005 and March 2006, there was a 13 per cent increase in completions of Indigenous New Apprenticeships, compared with a six per cent increase for completions of all Australian Apprenticeships

K. Indigenous education and employment initiatives

169. The Australian Government is committed to effective, evidence based reform of its Indigenous Employment and CDEP programmes that will assist people to take up job opportunities in their local areas. In June 2008, the Government completed consultations on Indigenous employment services reforms which will form part of a broader Indigenous Economic Development Strategy. These reforms will include further reform of CDEP, to promote a greater emphasis on enterprise, training and jobs, and to complement the Government’s new Job Network arrangements. To provide stability while reforms are developed and introduced, the Government has agreed that up to an additional 12 months funding for 2008-09 will be negotiated with CDEP providers across Australia to ensure people are working while reforms are being developed. It is anticipated that the reforms to CDEP will be introduced from 1 July 2009. The process of converting CDEP jobs into government service delivery jobs will continue, and the Australian Government will work with State and Territory Governments similarly to convert CDEP positions that support State and Territory Government services.

170. For further information about Indigenous-specific employment and business development programmes, refer to paragraph 408 of the common core document, with the following updates:

• A total of 15 330 employment and/or training placements were achieved through Structured Training and Employment Projects in the 2007–08 financial year, with 506 new projects approved.

• A total of 171 Indigenous Small Business Fund Projects were approved during 2007–08. These projects aim to foster the development of businesses owned and run by Indigenous people.

• In 2007–08 CDEP providers across Australia placed 4384 participants in paid employment, an increase of 18.4 per cent on the previous financial year.

• In 2007–08 the Job Network placed over 49 100 Indigenous job seekers into employment. This figure is in line with the previous financial year.

171. The following progress has been made in respect of Indigenous unemployment through services provided by the Australian Government:

• An extensive consultation process was held to discuss Increasing Indigenous economic opportunity – A discussion paper on the future of the CDEP and Indigenous employment programmes. Sessions were held in 37 urban and regional areas and 18 remote communities. Eight sessions specifically for employers and three focus groups with Indigenous job seekers were also conducted. Written feedback was also received through over 125 submissions.

• In 2007–08, 45 Emerging Indigenous Entrepreneurs Initiatives projects were funded.

172. Also, see paragraphs 575 to 579 of the common core document, with the following updates:

• There have been significant improvements in outcomes for Indigenous students, although disparities remain between Indigenous and non-Indigenous students. Indigenous Australians have a high rate of participation in the Australian training system. While 2.4 per cent of the Australian population is Indigenous, in 2006 Indigenous students comprised around 4.0 per cent of the total students participating in vocational education and training.

• The Indigenous Youth Mobility Program provides access for Indigenous young people from remote areas to higher education, training and employment opportunities in major centres. Currently there are 10 Program host locations. In recognition of a high demand for particular qualifications in remote communities, the Program focuses on pre-vocational training, Australian Apprenticeships, certificate courses and some tertiary pathways including those leading to qualifications in nursing, teaching, accounting and business management.

• The Indigenous Youth Leadership Program supports young Indigenous scholars, generally from remote areas, to access high-performing schools (government and non-government) and universities through the provision of scholarships, practical support and leadership development opportunities.

New South Wales

173. In response to a review of Aboriginal education in 2004 the NSW Department of Education and Training is implementing the NSW Aboriginal Education and Training Strategy 2006–2008. The Strategy aims to link all sections of the department to achieving the primary goal of ‘By 2012, Aboriginal students’ outcomes will match or better outcomes of the broader student population’.

174. The NSW Government’s Schools in Partnership Program and related initiatives are designed to assist government schools with significant Aboriginal student populations to build capacity and strengthen partnerships with communities and other agencies.

175. Personalised Learning Plans are being developed for Aboriginal students in New South Wales government schools. More than 9500 plans have been developed to date.

176. The New South Wales Government’s Two Ways Together initiatives (see information box E) include:

• Kids Excel, which seeks to improve educational outcomes for Aboriginal children and young people in communities where there are significant issues in early school disengagement and poor school outcomes

• Youth Excel, a secondary school support strategy, which is being implemented across targeted high schools where there are significant issues in early school disengagement and poor school outcomes

• Aboriginal Student Scholarships, which are awarded annually and aim to improve retention in the later years of schooling

177. Aboriginal languages programmes are operating in a number of New South Wales government schools to enable Aboriginal communities to preserve, teach and use traditional language and to provide opportunities for Aboriginal students from Kindergarten to Year 12 to learn an Aboriginal language.

178. An Aboriginal Cultural Education course has been developed and is available through TAFE NSW for delivery to public sector agencies. It provides a framework which can be used to build the capacity of staff at all levels to work effectively with Aboriginal people and communities.

179. TAFE NSW, working with telecommunications company Optus through the interactive distance learning satellite programme, has equipped 15 remote Aboriginal communities in TAFE NSW Western and New England areas with computer and satellite technology to enable students to enrol in courses, including Introductory Computing and Aboriginal Committee Training.

180. The Aboriginal Parenting Strategy, an initiative of the Aboriginal Child, Youth and Family Strategy, prepares books that provide Aboriginal families and family workers with easy-to-read material on child development issues. Local Aboriginal advisory groups are responsible for designing the content, text, language and art work for the books. During 2006 and 2007, three books were developed: Growing Up Strong Guring – in the inner west of Sydney; Bubaa Ngambaa Gaayli — Father Mother Child — in the New England region, and Darkinyung Yada Gudjagang — Strong Healthy Kids — on the Central Coast. More books will be released in other regions during 2008.

181. The NSW Job Compacts initiative run by the NSW Department of Aboriginal Affairs is exploring innovative and creative measures to combat the high level of unemployment experienced by Aboriginal people. Job Compacts are written agreements identifying how industry groups, chambers of commerce, NSW Government agencies, key Aboriginal organizations and local governments can work together to increase the employment of Aboriginal people locally.

182. By encouraging local businesses and industry groups, organizations and governments to come together, it is anticipated that some of the barriers restricting Aboriginal people from accessing employment opportunities will be overcome.

183. Twelve Job Compacts are being developed across the state. The locations being targeted are large regional centres and urban areas with high Aboriginal populations and viable job markets. A Job Compact is also being developed for the mining industry. All of these Job Compacts will be established by 30 June 2008.

184. Aboriginal offenders in custody access the education and training programmes targeting the needs of the general offender population, as well as those specifically targeting the needs of Aboriginal offenders, delivered by the NSW Department of Corrective Services Adult Education and Vocational Training Institute (AEVTI) teachers. They also access TAFE NSW vocational training courses, some of which specifically target the vocational and cultural needs of Aboriginal offenders.

185. The Yetta Dhinnakkal Program at Brewarrina (run by the NSW Department of Corrective Services) is situated on a rural, farming property, where young Aboriginal inmates are taught skills in horticulture, agriculture and a range of other practical skills and also attend courses aimed at specific problematic behaviour. The Warrakirri Program, based at Ivanhoe Correctional Centre, is primarily an employment-based programme and undertakes many work-based projects in the community. The Bolwara House programme provides intensive accommodation to Aboriginal women, targeting issues associated with alcohol and other drug use in the period prior to release.

Queensland

186. The Partners for Success^[30] policy provides for regionally based Indigenous strategies based on the unique needs of specific Indigenous communities. The strategies target both student and staff and focus on community engagement in education, provision of high-quality education services and continuous improvement in outcomes and educational reform.

187. The Aboriginal and Torres Strait Islander Education to Employment Program^[31] is for Indigenous students in years 10, 11 and 12. It is designed to help students complete their education and encourage them to do tertiary study by providing them with practical study support, mentoring and financial assistance, and full-time and school-based traineeships.

188. The Queensland Government has substantially increased the participation rate of Indigenous Queenslanders in employment and training through Queensland Skills Plan^[32] initiatives. These initiatives have provided targeted employment and training support and assistance to enhance Indigenous participation and completion rates in employment and training in Queensland. The successful engagement of Indigenous people in employment and training opportunities has occurred through:

• Specialist support and assistance by Indigenous Employment and Training Support Officers and Indigenous student support workers

• Flexible and innovative training and employment assistance that supports Indigenous employment, community and business development

• Allowances for apprentices’ travel and accommodation costs

189. The Young Indigenous Leaders’ Forum^[33] was established in 2004 under the Queensland Government’s Reconciliation Action Plan. The annual forum provides opportunities for 20 young Indigenous people aged 18–25 years to learn about leadership from a variety of inspirational Indigenous speakers; develop their leadership skills; connect to appropriate resources and further youth development opportunities; develop networks with peers and mentors; and discuss relevant issues and solutions from their own communities. The Young Indigenous Leaders’ Forum is held each year during Reconciliation Week.

190. The continued development of Queensland Skills Plan initiatives will focus on: increasing the retention and completion rates for Aboriginal and Torres Strait Islander apprentices and trainees; increasing Indigenous participation in employment and training; increasing Indigenous participation in higher-level training; and enhancing the transition of Indigenous students from school to work, training or higher education.

191. Young Indigenous Leaders Forums^[34] were established under the Queensland Government’s Reconciliation Action Plan and provide opportunities for 20 young Indigenous people aged 18–25 to learn about leadership and how to connect to resources, develop networks with other young leaders and potential mentors, discuss community issues and share stories and gain knowledge of business within the public, private and community sectors. The Forums are held twice a year in South East Queensland and Far North Queensland.

192. The National Indigenous Cadetship Program, in which a number of Queensland Government agencies participate, provides students with opportunities for full-time study in a relevant field, and to gain work experience with the corresponding department. For example, the Department of Justice and Attorney-General may provide 12 weeks paid employment per year and a study allowance for 40 weeks per year to an Indigenous law student.

193. The Indigenous Working Women’s Fund grants were introduced in 2008 to challenge Queensland businesses to support the sustainable employment of Indigenous women in non-traditional roles for women. Successful applicants were: Central Queensland Institute of TAFE’s Indigenous Women on the Move programme, which aims to provide accredited TAFE training to 20 Indigenous women in a range of construction-related skills that will prepare them for entering the region’s construction industry.

194. Wide Bay Institute of TAFE’s Young Indigenous Women’s Trade Program, which aims to prepare young Indigenous women for education pathways in fields including the automotive industry, engineering and construction.

195. In addition, Gladstone Area Group Apprentices Limited was awarded an Indigenous Women in Trades grant to provide TAFE-accredited training to Indigenous women of all ages. This training aims to prepare women for work in non-traditional occupations through a combination of tailored learning plans, relevant coursework and practical work experience.

196. The Indigenous Employment Policy for Queensland Government and Civil Construction Projects (20 per cent Policy)^[35] requires that 20 per cent of the employment hours on Queensland government construction projects in designated Indigenous communities and shires be dedicated to employing and training local Indigenous people. Between 1 July 2002 and 30 June 2007, 745 jobs have been provided for Indigenous people as a result of the 20 per cent Policy. The Queensland Government employs 12 Indigenous Employment and Training Managers across Queensland to develop and implement strategies to support the 20 per cent Policy and other local economic development programmes for Indigenous people.

197. Wal-Meta^[36] is the Aboriginal and Torres Strait Islander Public Sector Employment Development unit delivering a range of programmes and services designed to attract and retain Indigenous Australians to the Queensland Public Sector. Two outputs are an accredited Indigenous cultural awareness training programme delivered to 3683 public servants, and placement of 274 Indigenous job seekers into employment.

198. The Aboriginal and Torres Strait Islander Land Amendment Act 2008 (Qld) was proclaimed on 17 July 2008 providing for long-term residential and commercial leasing on communal land to encourage home ownership, social housing, commercial development and community infrastructure. This will assist in the economic independence lead to employment opportunities in indigenous communities throughout Queensland.

199. The Queensland Government has employed 20 Wild River Rangers to work with landholders, communities and traditional owners to protect and promote the State’s wild river systems of Cape York Peninsula and the Gulf of Carpentaria.

200. The Queensland Government’s Looking After Country Together strategy aims, amongst other things, at improving employment and business opportunities for Aboriginal and Torres Strait Islander people in natural resource management (NRM). Pilot training and employment projects are currently being established to build capacity of Indigenous groups to enable them to provide NRM services. An NRM outsourcing policy is being developed as part of the strategy to create job and business opportunities through the outsourcing of NRM services on State land by Government agencies to Indigenous NRM businesses.

Victoria

201. In addition to information outlined in paragraph 39 of the common core document, Victoria has introduced the Aboriginal Land and Economic Development Program, which facilitates and encourages Indigenous business activity and employment in cultural heritage and tourism projects.

202. In February 2008, the Department of Education and Early Childhood Development introduced Wannik (“Learning Together – Journey to our Future”), the Victorian Government’s education strategy for Koorie students in Victoria. Fundamental to Wannik is the fostering of a new culture of high expectations for Koorie students, and systemic reform across government schools to deliver the best possible education to meet these expectations. These reforms include an increased emphasis on accountability at the school, regional and system levels, strong leadership, and better engagement with Koorie parents and the community. We will work in partnership with Koorie parents and the community to create an education system that respects, recognizes and celebrates cultural identity.

Western Australia

203. The WA Department of Education and Training has partnered with the Western Australian Primary Principals’ Association to use its Leading From The Front programme, which conducts Principals’ seminars and projects designed to foster good practice and experience between Principals, and to promote excellence in Indigenous education. This programme complements the national Dare to Lead programme, which affirms commitment to Indigenous education amongst educators; promotes strategies to enable Indigenous students to succeed; and disseminates successful initiatives.

204. The WA Department of Education and Training has created programmes and resources which provide teachers with information about the historical background and culture of Indigenous Australians to help them provide an inclusive education for Indigenous students and engage Indigenous parents. These programmes include:

• An ongoing cultural awareness programme, Our Story, for teachers

• A comprehensive website, Aboriginal Perspectives across the Curriculum, which provides online access to regionally specific cultural information

• A two-way learning programme to foster teachers’ appreciation of Indigenous dialects and how to integrate these into teaching Standard Australian English to Indigenous students

L. Improving Indigenous health

205. The National Strategic Framework for Aboriginal and Torres Strait Islander Health (NSFATSIH) 2003–2013 is a framework for action signed by all Australia, state and territory health ministers in 2003. Its goal is to ensure that Aboriginal and Torres Strait Islander peoples enjoy a healthy life equal to that of the general population that is enriched by a strong living culture, dignity and justice.

206. The aims of the National Strategic Framework are consistent with the priorities of the Australian Government in terms of life expectancy and mortality. The Australian Government has committed to closing the life expectancy gap within a generation and halving the gap in mortality rates for Indigenous children under five within a decade.

207. The first Australian Government Implementation Plan against the NSFATSIH was developed for the period 2003–2008 and details the specific activities to be undertaken by the Australian Government to realise the aims and objectives of the Framework. Findings presented in the 2005–06 Australian Government progress report against the NSFATSIH, and the Aboriginal and Torres Strait Islander Health Performance Framework 2006 Report, highlighted the need to refine and refocus efforts under the NSFATSIH. It was decided to bring forward the development of the second Australian Government implementation plan to cover the period 2007–2013.

208. The second implementation plan has an increased focus on a whole-of-government approach, recognising that development of specific responses under the plan may occur through the regional network of Indigenous Coordination Centres and arrangements may be through Shared Responsibility Agreements and State and Regional Partnership Agreements.

209. Further, the Agreements on Aboriginal and Torres Strait Islander Health (Framework Agreements) are the primary vehicle for ensuring collaboration in resource allocation, joint planning and priority setting for service delivery between key stakeholders in Indigenous health within each state and territory.

210. The mechanism of the Framework Agreement Partnership Forums is compatible with the Australian Government’s priorities and continues to be a useful forum for the key partners involved. The Framework Agreements commit signatories to four key areas:

• Increased level of resources allocated to reflect the level of need

• Joint planning

• Access to both mainstream and Aboriginal and Torres Strait Islander-specific health and health-related services which reflect their higher level of need

• Improved data collection and evaluation

211. States and territories have primary responsibility for health services, and a selection of relevant services is described below. Since 2007, the Australian Government has focused primarily on delivery of the NTER, including the health aspects. It is anticipated that initiatives undertaken as part of the NTER will contribute to addressing the underlying causes of the inequality gap, as described by the Social Justice Commissioner.^[37] The Australian Government’s response to NTER recognizes that Indigenous Australians do not enjoy equal access to primary health care and health infrastructure (including safe drinking water, healthy food, effective sewerage systems, rubbish collection services and healthy housing). Most of the NTER measures are targeted directly at ameliorating some of the determinants of remote Indigenous disadvantage. Refer also to paragraphs 532 to 536 of the common core document.

Australian Capital Territory

212. The ACT Aboriginal and Torres Strait Islander Health and Family Wellbeing Plan 2001–2011 is the ACT’s response to the requirement of the National Strategic Framework for Aboriginal and Torres Strait Islander Health (NSFATSIH) that each jurisdiction develop a local implementation plan.

213. All strategies and policies requiring approval from Portfolio Executive must be accompanied by a completed Aboriginal Health Impact Statement. The Aboriginal and Torres Strait Islander Health Impact Statement provides a mechanism to ensure that mainstream health services are responsive to the needs of Aboriginal and Torres Strait Islanders.

214. All ACT Health staff are required to attend Cultural Awareness Training Workshops to gain a better understanding of the history, diversity and cultural obligations of Aboriginal and Torres Strait Islander people. This is a pilot programme and will be evaluated at its completion.

215. An Aboriginal and Torres Strait Islander alcohol and other drug residential rehabilitation facility is being developed to provide the local community with services to address alcohol and other drug addictions.

216. The ACT continues to progress work associated with the Integrated Service Delivery for Aboriginal and Torres Strait Islander People project. This project has a strong early intervention focus and seeks to build on the strengths of Indigenous families and empower them to response to the key challenges and issues they face. A small number of families have been identified to participate in the projects and work has commenced around the assessment of these families.

New South Wales

217. In New South Wales the Aboriginal Health Impact Statement and Guidelines have been developed to ensure the needs and interests of Aboriginal people are embedded into the development, implementation and evaluation of all NSW Health initiatives. The concept of the Statement comprises two elements:

• A declaration as to whether or not the specific initiative will impact on the health of Aboriginal people

• A checklist detailing how the needs and interests of Aboriginal people have been elicited and incorporated where appropriate

218. The declaration and checklist are available from:

http://www.health.nsw.gov.au/ PublicHealth/Aboriginal/impact_sment.asp.

219. The NSW Government has guaranteed ongoing monitoring and maintenance of water and sewerage systems in more than 60 discrete Aboriginal communities across NSW.

220. The NSW Aboriginal Child, Youth and Family Strategy works to coordinate and target existing resources to ensure mainstream services better meet the needs of Aboriginal people. The A$4 million strategy seeks to empower Aboriginal communities to find solutions and work in partnership with Government to resolve issues. Funding was provided to Indigenous parenting programmes; school-to-high school transition programmes; supported playgroups; youth development programmes; school holiday programmes; homework learning centres; and the employment of Indigenous family workers and youth development officers.

221. The Aboriginal Maternal and Infant Health Strategy (AMIHS) aims to improve the health of Aboriginal families and their babies in NSW by implementing a high quality service that is culturally sensitive, woman centred, based on primary care principles and provided in partnership with Aboriginal peoples. The goal of AMIHS is to improve the health of Aboriginal mothers and their infants, and decrease Aboriginal perinatal death and illness across New South Wales.

222. A team approach to community maternity services is provided (including midwifery, Aboriginal health workers, specialists and general practice). In some areas the service is being expanded to include child health services for children 0–5 years.

223. A partnership between NSW Health and Department of Community Services has enabled AMIHS to provide a voluntary preferred referral pathway to the NSW Department of Community Services’ Brighter Futures early intervention programme.

224. The annual NSW Health Aboriginal Health Awards were established in 2004 to acknowledge the significant contribution made by individuals, teams, agencies and communities to improving health outcomes for Aboriginal people in NSW. The awards ceremony is scheduled to coincide with National Aboriginal and Islander Day Observance Committee (NAIDOC) week. Information including awards categories can be viewed at http://www.health.nsw.gov.au/initiatives/ahawards/index.asp.

South Australia

225. In May 2007 the SA Children in State Care Commission of Inquiry was extended to include a separate Inquiry into the sexual abuse of children on the APY Lands. The Inquiry was established to provide a better understanding of the nature and extent of child sexual abuse in remote Indigenous communities, something that has been very difficult to determine because of the perceived under-reporting of such abuse in those communities. The SA Government hoped that by establishing and providing victims with a confidential and supportive setting they would be more likely to come forward and speak about their experiences.

226. The Inquiry is also intended to provide a mechanism for healing the individual and community hurt caused by child sexual abuse and help to establish new social norms around appropriate behaviour with children and the reporting of abuse. South Australia is currently drafting an Aboriginal Child Protection Policy.

Victoria

227. Paragraph 536 of the common core document outlines state and territory initiatives in Indigenous health. Victoria has adopted as its primary Indigenous affairs policy goal the challenge of closing the gap in life expectancy between Indigenous and other Victorians. The gap in life expectancy is a product of a cycle of disadvantage. The Victorian Indigenous Affairs Framework outlines a range of strategies to break that cycle through delivery of improved education, health and justice outcomes.

228. In addition to information outlined in paragraph 368 of the common core document, note that Victoria has adopted specific measures to improve access for Indigenous Victorians to antenatal, family support and pre-school programmes.

M. Improving Indigenous mental health and social and emotional well-being

229. NSW Aboriginal Mental Health and Well Being Policy 2006–2010 specifically addresses the high level of need related to mental health and wellbeing in Aboriginal communities and the relatively low levels of specialist mental health service utilization. It highlights a number of best practice initiatives that can be adapted for rural, remote and metropolitan services. The Policy strengthens the partnership between Government and Aboriginal Community Controlled Health Services and focuses on whole-of-government programmes that build on the resilience and capacity of Aboriginal communities. The policy can be viewed at http://www.health.nsw.gov.au/policies/pd/2007/PD2007_059.html.

230. NSW Aboriginal Health Partnership The Partnership is an historic agreement between the NSW Minister for Health, the Director General of NSW Health and the Aboriginal Health and Medical Research Council of NSW (AH&MRC) which commenced in 1995. The Partnership commits the Department to an equal relationship with the AH&MRC via which leadership and ongoing advice on general health policy, strategic planning, service issues and equity in allocation of resources is provided. The Partnership Agreement was updated and signed on 30 April 2008.

231. NSW Aboriginal Housing for Health Project Housing for Health is a programme for improving living conditions in Aboriginal communities. It is a survey and fix process for Aboriginal community housing that prioritises health and safety and engages the community in the process, following a copyrighted methodology. The programme has been run in over 60 communities across NSW to date. Over 47,000 items in 2,100 Aboriginal homes have been repaired, improving safety and health for over 9,000 residents.

N. Commonwealth Indigenous criminal justice initiatives

232. Paragraph 287 of the common core document notes that Indigenous Australians remain overrepresented in the criminal and juvenile justice systems, and are more likely than non-Indigenous people to be victims of violent crime (see common core document, paragraphs 358 to 359). This information remains current, with the following updates:

• Indigenous prisoners represented 24 per cent of the total prisoner population at 30 June 2007 (no change from 30 June 2006). As at 30 June 2007, the age standardized rate of Indigenous imprisonment was 1787 per 100 000 of the adult Indigenous population (13 times higher than the non-Indigenous rate).

• Indigenous women constitute the fastest-growing prison population. As at 30 June 2007, the number of Indigenous women prisoners was 614 (an increase of 13.5 per cent compared to 2006 figures).

• Although the rate of detention for both Indigenous and non-Indigenous juveniles has decreased since 1994, Indigenous youth comprise 54 per cent of persons in juvenile detention and are 21 times more likely than non-Indigenous juveniles to be detained.

• Many initiatives to address this imbalance are being taken by state and territory governments. However, the Australian Government is also progressing a range of initiatives designed to address Indigenous justice issues, including funding the following:

• Professional, culturally appropriate legal services to Indigenous Australians through the Legal Aid for Indigenous Australians Program

• Family Violence Prevention Legal Services which provide a range of services to victims of family violence (including sexual assault and abuse), including legal advice and casework assistance and support

• Culturally appropriate support to Indigenous families in the Family Court of Western Australia through the Indigenous liaison pilot programme

• The Early Intervention and Prevention Program, which seeks to prevent family violence and sexual assault and abuse from occurring by targeting specific Indigenous groups, such as teenage boys or young mothers or a particular aspect of family violence, such as alcohol abuse

• The Law and Justice Advocacy Program, which provides funding and other support to various Indigenous law and justice policy and advocacy groups

• Indigenous Women’s Projects (under the Commonwealth Community Legal Services Program), which provide culturally appropriate legal services for Aboriginal and Torres Strait Islander women

• The Prevention, Diversion, Rehabilitation and Restorative Justice programme, which funds activities intended to divert Indigenous Australians away from adverse contact with the criminal justice system, including youth initiatives, night patrols, prisoner support and rehabilitation services and restorative justice initiatives

• The National Deaths in Custody Program, which provides comprehensive, timely and authoritative data on all deaths which occur in custody and custody-related police operations

• The National Community Crime Prevention Program, which funds grass roots projects that enhance community safety

• The Northern Territory Aboriginal Interpreter Service, under a bilateral agreement between the Australian and Northern Territory governments

233. The Minister for Home Affairs announced additional one-off funding of A$4.9 million on 18 April 2008, and a further A$6 million on 18 June 2008, allocated by the Australian Government to support Aboriginal Legal Services, bringing Australian Government funding provided for the operation of Aboriginal specific legal services to over A$64 million for 2007–08.

234. The Australian Government has also been implementing decisions made by COAG following the intergovernmental Summit on Violence and Child Abuse in Indigenous Communities (Summit) on 26 June 2006. This has involved funding initiatives valued at A$130 million, including the development of community legal education programmes, judicial training in customary law and cultural principles, and the interaction between these issues and the criminal law, the establishment of a National Indigenous Violence and Child Abuse Intelligence Taskforce, and the establishment of joint strike teams led by each jurisdiction to provide specialist capacity to intervene against endemic child abuse or violence in remote Indigenous communities.

O. State and Territory Indigenous criminal justice initiatives

Australian Capital Territory

235. The ACT Government created the ACT Aboriginal Justice Centre (AJC) in response to recommendations of the Royal Commission into Aboriginal Deaths in Custody (1991). The AJC is government-funded though independently managed by a community representative board. The AJC complements other existing justice services and works to reduce the over-representation of Aboriginal and Torres Strait Islander people within the criminal justice system. The AJC provides case management services to clients and promotes, on behalf of the Indigenous community, community needs to government.

236. The ACT has recently opened two new detention facilities, one for adults and one for youth, designed and operated in a human rights compliant framework. This includes special provisions for Indigenous clients.

New South Wales

237. The NSW Government considered the recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody Report in developing its Aboriginal Justice Plan 2004–2014. The Government also considered the outcomes of extensive Aboriginal community engagement. The Plan focuses on issues broader than the criminal justice system, such as early intervention and prevention. It particularly targets the needs of Indigenous children, young people and their families. Some of the initiatives undertaken under the Plan, or in conjunction with it, include:

• Circle sentencing: an alternative sentencing court for adult Aboriginal offenders. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. It also empowers Aboriginal people to address criminal behaviour within their local communities.

• Aboriginal Justice Advisory Council: this body comprises Aboriginal community members whose role is to provide advice to the New South Wales Government on law and justice issues affecting Aboriginal people in this state.

• Aboriginal Justice Plan: this 10-year plan, launched in 2005, aims to reduce the number of Indigenous people coming into contact with the criminal justice system and to improve the way the system manages Aboriginal people, whether offenders or victims of crime. The recommendations and strategies in the Aboriginal Justice Plan have been implemented through the NSW Aboriginal Affairs Plan Two Ways Together (TWT), a ten-year, whole-of-government commitment, coordinated by the Department of Aboriginal Affairs (DAA).

• Aboriginal Community Patrols: community-based services that operate a safe transport and outreach service for people who are on the streets late at night. The overall aim of patrols is to reduce the risk of people becoming involved in crime and anti-social behaviour, either as a potential victims or offenders. Patrols operate late at night when other support services are not available.

• Tirkandi Inaburra Cultural and Development Centre: this is a residential centre for Aboriginal boys at risk of contact with the criminal justice system offering youth programmes that strengthen cultural and personal identity and resilience.

• Aboriginal Mediation Program: specialist mediation service for Aboriginal people, which aims to resolve disputes before they get to court or escalate into violence. There are 43 Indigenous mediators in NSW available to mediate in their own and other communities. All mediators have specialised cultural awareness training.

• Aboriginal Community Justice Groups: local groups of Indigenous people who come together to develop ways to address local law and justice issues. Groups are able to work with juvenile and adult offenders as well as victims of crime. Groups operate in rural, remote and metropolitan NSW, and play a role in assessing offender suitability for circle sentencing.

• Aboriginal Client Service Specialist programme: Aboriginal Client Service Specialists are liaison officers who support defendants and their families within the Local Court. These officers aim to increase the understanding of court processes and outcomes for Indigenous clients. These officers also provide outreach court support and advice to the Indigenous community, including dealing with unpaid fines, and promoting both victims’ services and domestic violence support services.

• Indigenous Justice Clearinghouse: online resource providing information on Indigenous justice research and programmes for policy makers. The Clearinghouse, which was launched in November 2006, is a joint project between the Australian Institute of Criminology and the Attorney-General’s Department of NSW and is endorsed by the Standing Committee of Attorneys-General. The aim of the Clearinghouse is to promote discussion and disseminate relevant Indigenous justice information to government policy makers and service providers. The project has an advisory group with Indigenous justice experts.

• Aboriginal Strategic Plan: the NSW Department of Juvenile Justice has introduced an Aboriginal Strategic Plan to address Indigenous over-representation in the juvenile justice system. This plan has included the provision of culturally appropriate rehabilitation programmes and the utilisation of Indigenous staff in working with Indigenous young people and their communities.

• Aboriginal Strategic Direction: the NSW Police Force has introduced its Aboriginal Strategic Direction (ASD). The ASD recognizes that Police can have significant input in decreasing the overrepresentation of Aboriginal people in the criminal justice system and guides police in its management of Aboriginal issues. It seeks Aboriginal community ownership and involvement through a consultative and proactive approach.

South Australia

238. In 2007, a report was prepared for the SA Government on ways to address offending by particular people who were the focus of a concerted police operation, most of whom were young and Indigenous. The report focused on the youth justice system in general and the changes required to ensure it could effectively manage all young offenders with whom it came in contact. The report’s authors made a number of recommendations targeted specifically to Indigenous young offenders.

239. The SA Government established a Youth Justice Cabinet Committee and appointed a Special Coordinator and SA Government taskforce to implement the recommendations. Ongoing work is being undertaken in respect of all of the 46 recommendations, with over 80 per cent already fully or partly implemented.

Queensland

240. Youth justice conferencing is a highly successful restorative justice process that operates in Queensland. The process focuses on repairing harm caused to victims, strengthening family relationships and reintegrating the young person into the community. Referrals are made by police and the courts throughout Queensland as a mechanism to divert young people from further involvement in the criminal justice system. A number of new initiatives were implemented in 2007–08 to increase the conferencing referral rates for Indigenous young people and to improve the understanding and involvement of families and communities in the conferencing process. Initiatives included additional funding for the employment of Indigenous Conferencing Support Officers and the reimbursement of meeting expenses for Indigenous community members to participate in the conferencing process.

241. The Queensland Aboriginal and Torres Strait Islander Justice Agreement (the Justice Agreement) between the Queensland Government and representatives of the Aboriginal and Torres Strait Islander peoples of Queensland was signed in December 2000. The long-term aim of the Justice Agreement is to reduce the number of Aboriginal and Torres Strait Islander peoples coming into contact with the Queensland criminal justice system. The Justice Agreement was independently evaluated in 2005 and the Queensland Government responded in 2006, recommitting to the goals of the Justice Agreement and setting out its strategies to address the overrepresentation of Indigenous people in the justice system. Justice agencies continue to build on successful programmes and try new approaches as the data indicate that over-representation remains unacceptably high. Over the next three years, a greater focus will be placed on integrated service delivery across justice-related programmes, and community involvement through bodies such as the recently formed State-wide Community Justice Groups Reference Group. As many commentators acknowledge, socio-economic factors are relevant to involvement with the criminal justice system. It is anticipated that progress towards the Closing the Gap and Towards Q2: Tomorrow’s Queensland targets, especially in fields of education and employment, will be crucial in diminishing overrepresentation in the longer term.

242. A number of diversion programmes support the aims of the Justice Agreement. These programmes include:

• Murri Court: a partnership between the Magistrates Court and Indigenous community Elders to address the needs of Indigenous Queenslanders appearing before the courts. Elders or respected persons advise the magistrate about cultural issues, the offender’s personal problems that may have led to the offending conduct, and the bail conditions and sentences that would contribute most to rehabilitating the offender. They also assist the offender to understand the court processes. In the 18 months preceding 30 June 2008, the number of Murri Courts increased from five to 14, giving Queensland the most Indigenous courts in any Australian state. The Queensland Government has allocated $5.2 million to the Murri Courts for 2007–2009.

• Queensland Indigenous Alcohol Diversion Program (QIADP): is a three year pilot programme, which commenced in 2007, involving a range of government agencies working in partnership with communities to develop an innovative treatment programme to improve life outcomes for Aboriginal and Torres Strait Islander Queenslanders who have alcohol issues and who have come into contact with the justice system. It incorporates a treatment and case management programme designed to reduce alcohol-related harm to the individual and the community. QIADP operates in three locations: Cairns (including Yarrabah), Townsville (including Palm Island) and Rockhampton (including Woorabinda). $36.6 million has been provided by the Queensland Government for the programme. An independent evaluation of the first year has found that the programme is helping clients to reconnect to family, community and culture.

• Community justice groups: $5.6 million in 2007/08, including $3.5 million in grants, has enabled the Department of Justice and Attorney-General to support 51 Community Justice Groups (CJGs) to engage and build the capacity of Indigenous people to resolve their local justice-related issues. The CJG members support Indigenous victims and offenders at all stages of the legal process, encourage diversionary processes and develop networks with other agencies.

243. Youth justice conferencing is a highly successful restorative justice process that operates in Queensland as a diversionary mechanism. Referrals are made by police and the courts throughout Queensland. A number of new initiatives were implemented in 2007–08 to increase the conferencing referral rates for Indigenous young people and to improve the understanding and involvement of families and communities in the conferencing process. Initiatives included the employment of Indigenous Conferencing Support Officers and the reimbursement of meeting expenses for Indigenous community members to participate in the conferencing process.

Victoria

244. During the reporting period, Victoria introduced the Victorian Aboriginal Justice Agreement (VAJA), as outlined in paragraph 119 of the common core document. Since 2006, an additional Regional Aboriginal Justice Advisory Committee has been established, bringing the total number of committees to seven.

245. With regard to paragraph 363 of the common core document, it should be clarified that Victoria’s Family Violence Court Division provides an outreach support service to Indigenous women and children only, rather than to Indigenous peoples more broadly. In partnership with the Indigenous community, the Victorian Government has developed a ten year plan to respond to and reduce Indigenous family violence. The plan was launched on 27 June 2008.

Western Australia

246. Western Australia has entered into a Bilateral Agreement on Indigenous Issues with the Australian Government. One of the primary focus areas under this agreement is ‘Law and Order and Safe Places for People’. WA and the Australian Government have developed an Action Plan for this focus area, with its roots in the WA’s Aboriginal Justice Agreement, the Commonwealth’s Draft National Indigenous Law and Justice Strategy, and WA’s Substantive Equality Framework. The four main areas of the Action Plan are:

• Safe, secure and sustainable communities

• Elimination of the over-representation of Indigenous people in the criminal justice system

• Elimination of family violence and child abuse in Indigenous communities

• Elimination of systemic racism to produce just outcomes for Indigenous people

247. WA’s Aboriginal Justice Agreement supports a framework that underpins a whole-of-government approach incorporating improvements in the delivery of justice-related services and outcomes for Aboriginal people in Western Australia.

248. WA Police have made a substantial contribution to address the Western Australian Government’s response to the findings of the Gordon Inquiry into Family Violence and Child Abuse in Remote Aboriginal Communities. The Remote Service Delivery Project has developed a Service Delivery Model for the communities serviced by the Multi-Function Police Facilities (MFPFs), in consultation with key stakeholders that include other government agencies, local government, and community representative groups such as the Ngaanyatjarra, Pitjanjatjarra, Yankunytjatjara Women’s Council. The Service Delivery Model outlines the collaborative approach by several government agencies, and the manner in which services will be delivered to each community. MFPFs have been developed at 12 locations in remote Western Australia. This approach has seen positive results, including timelier responses to incidences of violence and abuse, increased confidence in reporting offences, greater feelings of safety, and an environment for a safer community.

249. The Cross Border Justice Project (NT, SA and WA) was established in November 2003 to improve police and justice-related services in the Central Australian border region. The project is a result of recognition of the significant levels of domestic violence, sexual abuse and substance misuse in the region. Agreement has been reached to examine the development of legislation and policies to enable the courts and police to operate cooperatively across borders. The Cross Border Justice Bill will facilitate improved cross border justice services by:

• Allowing cross-border magistrates to deal with charges from all three jurisdictions

• Providing that police may take a person from one jurisdiction to another where that would allow them to conduct investigations and take the person before a magistrate more expeditiously

• Ensuring that Police have comprehensive powers to make arrests and investigate offences in the cross-border region

• Allowing WA, NT and SA corrective services officers to act on behalf of all corrective services in the region and provide for the enforceability of community-based orders throughout the region

• Allowing prisoners from the region to serve their sentences in any of the jurisdictions

250. The Cross Border Justice Bill was drafted by the WA State Solicitors Office and has been reviewed by Solicitors-General from WA, NT and SA. In late 2007 the Attorneys-General from WA, NT and SA signed an Intergovernmental Agreement that commits the three jurisdictions to progressing the scheme. The Cross-border Act 2008 was enacted by the Western Australian Parliament in 2008.

251. The WA Drug and Alcohol Strategy 2005–2009 is a multi-agency strategy which involves the WA Drug and Alcohol Office, the Department of Racing, Gaming and Liquor, and community groups in a number of locations in remote WA. They assist Indigenous communities to address issues related to alcohol supply and harm. Communities in remote areas have unique needs, and in recognition of this, a case-by-case approach to the development of liquor restrictions is required, based on consultation with the community and collaboration between government and community agencies.

252. The WA Police, in partnership with other government agencies, are continually looking for diversionary strategies to reduce the number of Indigenous Australians in the custodial system. A strategy being used in the Mid-West Gascoyne Policing District is through a partnership between the Geraldton Police, Mid-West Family Protection Coordinator, Geraldton Court House, and Community Justice Services (CJS). They are parties to the Geraldton Domestic Violence Court for Aboriginal Offenders, called the ‘Burndimalgu Court’. This involves offenders going to a meeting with two Elders, a police officer, CJS officer, and the Magistrate. The perpetrators of the violence are put on a six-month programme run by the CJS officer, and upon completion, return to the court for sentencing, which is usually a Community Based Order rather than a custodial sentence.

P. Indigenous deaths in custody

253. The Australian Institute of Criminology (AIC) Deaths in Custody in Australia: National Deaths in Custody Program annual report 2006 found that 54 deaths occurred in custody during the 2006 calendar year. This figure comprised 31 in prison custody, 22 in police custody and custody-related operations and one in juvenile detention. Of these, 11 deaths were of Indigenous persons, comprising four in prison custody, six in police custody and custody-related operations and one in juvenile detention. The full AIC report can be accessed at <http://www.aic.gov.au/publications/rpp/85/index.html> .

254. The Australian government, states and territories undertook immediate action in response to the individual recommendations of the 1991 report of the Royal Commission Into Aboriginal Deaths In Custody (Royal Commission). In more recent years, governments have embedded their broader responses to the Royal Commission into strategic planning and policy documents, such as the Productivity Commission’s Overcoming Indigenous Disadvantage Indicator Framework and state and territory strategic plans. These strategic documents recognize the identified underlying disadvantage and systemic barriers faced by Indigenous people that contribute to their overrepresentation in the criminal justice system.

255. In Australia, criminal justice responses are primarily the responsibility of state and territory governments. As a consequence, the substantial majority of the recommendations of the Royal Commission into Aboriginal Deaths in Custody concern state and territory government responsibilities.

New South Wales

256. During the reporting period, there was one apparent unnatural indigenous death in custody in NSW during the financial year 2002 to 2003, no apparent unnatural indigenous deaths in custody in 2003 to 2004, three apparent unnatural indigenous deaths in custody in 2004 to 2005, none in 2005 to 2006, two in 2006 to 2007 and no apparent unnatural indigenous deaths in custody in 2007 to 2008.

257. The total number of Aboriginal deaths in NSW correctional centres in the period commencing with the Royal Commission into Aboriginal Deaths in Custody (that is between January 1980 and April 2008) is 61. Aboriginal deaths represented 13.6 per cent of all deaths in custody during this period. Aboriginal inmates comprised 21.3 per cent of the total inmate population on any given day at the end of this period. A recently published retrospective cohort study of 85,203 adult offenders who had spent some time in full-time custody in prisons in NSW, between 1 January 1988 and 31 December 2002, has confirmed that the rate of suicide for Indigenous inmates is lower than the rate for non-Indigenous inmates.

258. Since the Royal Commission, the NSW Department of Correctional Services, in conjunction with Justice Health (the agency administering health services within correctional facilities), has introduced a comprehensive range of strategies to manage the complex physical and mental health issues of offenders. These include detailed assessment upon reception and targeted interventions aimed at mitigating the stressors associated with incarceration, and promoting health. Particular attention is given to the specific needs of Indigenous inmates.

Queensland

259. Of the 290 recommendations of the Royal Commission into Aboriginal Deaths in Custody relevant to the Queensland administration, three were not agreed to, and all but 32 have been implemented. The remaining 32 are currently assessed as ‘ongoing’ or ‘partially implemented’. It is anticipated that the majority of these will be completed in the near future.

South Australia

260. Some of the initiatives established by the SA Government in direct response to the recommendations of the Royal Commission include:

• The South Australian Aboriginal Visitor Scheme, which has sought, since its inception in 1991, to ensure the safety and welfare of Indigenous people detained in police cells

• A protocol agreement between the SA Coroner and the state’s Indigenous affairs agency to provide a mechanism for ensuring that policy advice on the Royal Commission can be made available to the Coroner during Coronial Inquests relating to Indigenous deaths in custody

Western Australia

261. The WA Department of Corrective Services has implemented, or is in the process of implementing, the majority of the Royal Commission’s recommendations for which it is responsible. Only a very small number of the recommendations were not supported by the Department of Corrective Services, and no action has been taken by the Department with regard to these.

V. Immigration and citizenship

A. Australia’s non-discriminatory visa policy

262. Australia’s visa policy is non-discriminatory. Individuals are not asked to divulge information about their religion at any stage of the visa application process. Statistics about the grant of visas to particular religious groups are therefore unavailable.

263. The Committee had expressed concern in their concluding remarks that Australia’s migration system may discriminate against persons from Asian countries. Statistics on grant of visas during the reporting period are in the statistical annex. Indicative figures show that five Asian nationalities feature among the top ten nationalities granted visitor visas. The highest numbers of student visas during the reporting period were granted to individuals of Asian nationalities. Persons from Asia were also granted Temporary resident visas during the reporting period.

264. HREOC issued a media release in July 2007 criticizing the former Government for its decision to introduce additional questions for persons of Arabic origin applying for permanent residency visas, arguing that the implementation of these special requirements would constitute a breach of the Racial Discrimination Act 1975.^[38] The changes referred to by HREOC are amendments made to the Department of Immigration and Citizenship’s (DIAC) Form 80 (Personal particulars for Character Assessment – form design 10/07a). The specific questions are:

Q18 – Write your spouse’s name in his/her own language or script. Please also write Chinese names in Chinese commercial code numbers. For Russian citizens, include Patronymic name. If your spouse is of Arabic descent, write the full names of his/her paternal grandfather (ie. his/her father’s father).

Q19 – Write your father’s name in his own language or script. Please also write Chinese names in Chinese commercial code numbers. For Russian citizens, include Patronymic name. If your father is of Arabic descent, write the full names of his paternal grandfather (ie. his father’s father).

Q20 – Write your mother’s name in her own language or script. Please also write Chinese names in Chinese commercial code numbers. For Russian citizens, include Patronymic name. If your mother is of Arabic descent, write the full names of her paternal grandfather (ie. her father’s father).

Q21 – Write their name in their own language or script. Please also write Chinese names in Chinese commercial code numbers. For Russian citizens, include Patronymic name. If they are of Arabic descent, write the full names of their paternal grandfather (ie. their father’s father).

265. Confirming a person’s identity is a key element in the assessment of any permanent visa application. Arabic names are constructed differently from western names. An Arabic name is made up of a person’s given names, followed by elements which indicate his or her father’s and grandfathers’ names, tribal affiliation or geographical information. The questions asked of applicants are designed to enable more accurate and higher quality identification of visa applicants.

266. It is important to note that for similar reasons DIAC also asks for further information from those applicants of Chinese (Chinese Commercial Code) and Russian (Patronymic Name) descent.

267. The Australian Government is satisfied that the requirements do not breach the Racial Discrimination Act.

B. Australia’s Humanitarian Program

268. Australia’s flexible Humanitarian Program enables it to respond to emerging humanitarian crises globally, and takes into consideration United Nations High Commissioner for Refugees’ (UNHCR) assessment of global resettlement priorities.

269. The Government is committed to the Humanitarian Program and its focus on those persons who are in the greatest need of resettlement. Australia consistently ranks in the top three of around ten countries that operate an annual dedicated humanitarian resettlement programme, and this offshore programme is offered by choice reflecting the desire of Australians to assist those in humanitarian need.

270. The Humanitarian Program is planned on an annual basis after an extensive consultation process with the Australian community and peak refugee and humanitarian organisations including the Refugee Council of Australia.

271. The regional focus of the offshore programme has shifted in the past 25 years reflecting particular resettlement needs:

• Indo-China and Eastern Europe in the early-eighties

• Former Yugoslavia in the mid-nineties

• Middle East and South West Asia in the late-nineties

• Africa in more recent years, with an increased focus on Asia from 2006–07

• More parity in regional allocations in 2008–09, with an equal 33 per cent of the offshore programme to Africa, Asia and the Middle East (including South West Asia) regions

272. Resettlement from Africa has steadily declined due to the ongoing repatriation activity in the region. As a result, the Africa component of the offshore programme decreased from 70 per cent in 2004–05 to 50 per cent in 2006–07. However, the intake of refugees from Africa has not been suspended. Applications from people in Africa continue to be assessed and considered and, if they meet requirements, visas are being granted for resettlement in Australia. Africa remained a priority region for the Humanitarian Program in 2008–09.

273. Following Senator Evans’ appointment as Minister for Immigration and Citizenship following the change of Government in 2007, the Minister met African community representatives. He assured those representatives that the Government is committed to fostering a welcoming environment for those who make Australia their home, regardless of their origin, and to providing them with the means to settle and integrate effectively into the broader Australian community. Senator Evans made it clear that he completely rejected the former Minister’s statements concerning African refugee and humanitarian entrants.^[39]

274. The Government is committed to the Humanitarian Program and its focus on those persons who are in the greatest need of resettlement. Australia consistently ranks in the top three of around 10 countries that operate an annual dedicated humanitarian resettlement programme, and the offshore programme goes beyond any international obligations.

275. As a demonstration of its commitment to helping refugees and others in humanitarian need, the Australian Government has increased the Humanitarian Program in 2008–09 to 13,500 places with the 500 additional places to be used to resettle Iraqi refugees.

C. Detention of unlawful non-citizens

276. Some of the immigration-related questions posed in the Committee’s Concluding Remarks may be considered to fall outside of the Committee’s mandate. However, in the interests of providing comprehensive and frank information to the Committee, this report addresses those questions.

277. The information in paragraphs 156, 157 and 261 to 284 of the common core document on detention remains current. The graph below indicates a progressive decline in the numbers of unlawful non-citizens in detention during the reporting period.

The statistical annex to this document provides detailed statistics on the detainee population.

278. The Human Rights Commissioner makes annual inspections of immigration detention facilities in order to monitor whether the conditions for immigration detainees comply with human rights standards. In January 2008, HREOC released its Summary of observations following the inspection of mainland immigration detention facilities 2007. The report covers immigration detention centre visits conducted in August–October 2007, and it makes a number of recommendations about conditions in immigration detention facilities.^[40]

279. In addition, HREOC can inquire into acts or practices of the Commonwealth that may be inconsistent with, or contrary to, human rights (common core document, para. 72). The jurisdiction extends to complaints arising in immigration detention. Since 2002 there have been 11 reports to the Australian Government Attorney-General in relation to complaints of breaches of human rights in immigration detention. HREOC may make recommendations for preventing a repetition of the act or a continuation of the practice, the payment of compensation or any other action to remedy or reduce the loss or damage suffered as a result of the breach of a person’s human rights.

280. Staff of the contracted detention services provider, GSL, are required to act in accordance with the Immigration Detention Standards (IDS). This differs from DIAC staff who are bound by the Australian Public Service Code of Conduct, set out in Section 13 of the Public Service Act 1999 (Cth). This sets out appropriate behavioural standards for DIAC staff and, if the standards are found to have been breached, provides avenues of remedy for complainants.

281. As almost the entire IDS document is about ensuring GSL does not breach human rights, examining the complaints-related parts in isolation does not provide a good picture of what the IDS contribute to maintenance of human rights.

282. The parts of the IDS specifically related to complaints are concerned with ensuring that GSL makes people in immigration detention aware of their right to complain, that GSL passes on complaints, and that HREOC information is displayed in immigration detention centres. There is nothing specifically requiring GSL to remedy all complaints, and it would not be reasonable to expect that the contract could impose such a ‘blanket’ requirement on GSL.

Length of immigration detention

283. The Government understands that the principle of arbitrariness means that immigration detention should not continue longer than can be justified and that indefinite detention is not acceptable.

284. It should be noted that people are detained because they are unlawful non-citizens, not because they are asylum seekers. Currently, about 80 per cent of all people in immigration detention are compliance cases (such as visa overstayers and illegal foreign fishers), most of whom spend only short periods in detention. Most Protection visa applicants are not detained and remain in the community on a bridging visa during processing of their visa applications. The Government has a policy of processing Protection visa applications as quickly as possible and has consistently strived to achieve this.

285. Factors which influence the length of immigration detention are the time required to make an effective assessment of a visa application, the outcome of review procedures and, if necessary, time taken to make removal arrangements. Protection visa applications from people in immigration detention receive the highest priority. A number of measures (such as front-end loading of security, character and identity checks) have been implemented to expedite processing while maintaining the robust and rigorous nature of the assessment process. Further changes to expedite processing times of Protection visa applications were made in 2005 (see below). In the 2007–08 programme year, some 80 per cent of Protection visa applicants received a decision on their application within 90 days of applying for protection. Those decided outside the 90-day period were attributable to a number of factors, including the impact of client related delays, awaiting public interest criteria information from external agencies, and DIAC investigation of fraudulent activity.

286. Protection visa decision-makers are trained to ensure that all claims are thoroughly and objectively examined and resolved before proceeding to make a decision. After it has been determined that Australia does not have protection obligations in respect of a particular individual, an applicant’s time in immigration detention may be extended while they pursue their legal rights of review.

D. Legislative amendments in 2005

287. In 2005 the former Australian Government announced a number of changes to both the law and the handling of matters relating to people in immigration detention and the processing of Protection visa applications. These changes include:

• That where detention of an unlawful non-citizen family (with children) is required under the Migration Act, except as a last resort detention should be under alternative arrangements where and as soon as possible, rather than under traditional detention arrangements. Alternative arrangements means in the community under residence determination arrangements — known as community detention — at a specified place in accordance with conditions that address their individual circumstances. The new Government has recently extended this principle stating that children will no longer reside in Immigration Detention Centres under any circumstances.

• All primary Protection visa applications are to be decided by DIAC within 90 days of application lodgement.

• All reviews by the Refugee Review Tribunal are to be finalised within 90 days of the date the tribunal receives the relevant files from DIAC.

• Regular reporting to Parliament on cases exceeding these time limits is required.

• Where a person has been in detention for two years or more, there will automatically be a requirement that every six months a report on that person be furnished by DIAC to the Commonwealth Ombudsman. The Ombudsman’s assessment of each report, including recommendations on whether the person should be released from detention, will be tabled in Parliament.

• The provision in the Act of an additional non-compellable power for the Minister for Immigration and Citizenship to specify alternative arrangements for a person’s detention and conditions to apply to that person.

• The provision in the Act of an additional non-compellable power for the Minister for Immigration and Citizenship, acting personally, to grant a visa to a person in detention.

• The amendment of the Migration Regulations 1994 to create a new bridging visa to enable the release of persons in immigration detention into the community whose removal from Australia is not reasonably practicable at the current time. A Removal Pending Bridging visa may be granted using the Minister for Immigration and Citizenship’s non-delegable, non-compellable public interest power to grant a visa to a person in immigration detention.

288. In 2005, the former Australian Government also introduced Detention Review Managers (DRMs). DRMs independently review the initial decision to detain a person, including Protection visa applicants, and continue to review the cases of people in immigration detention on an ongoing basis to ensure their detention remains lawful and reasonable.

289. The detention of unlawful non-citizens, including those asylum-seekers who are also unlawful non-citizens, is intended to achieve legitimate ends – it allows the Australian Government to conduct health, character and security checks, to assess any applications to remain in Australia, to ensure the integrity of Australia’s right to control entry pending these assessments, and to ensure that removal can be effected if they are found not to meet the criteria for a visa to remain in Australia. The Australian Government rejects any implication that its detention of persons for immigration purposes is arbitrary.

E. Temporary Protection visas

290. The Government is committed to ensuring that Australia has a fair and robust system in place for identifying and protecting refugees. To this end, on 13 May 2008 the Government announced the abolition of the Temporary Protection visa (TPV) arrangements. These changes took effect on 9 August 2008. People arriving in Australia since this date and found to be refugees receive a permanent visa, regardless of their mode of arrival in Australia.

291. TPV holders and former TPV holders who remained in Australia became eligible for a Resolution of Status visa without the need to have claims for protection reassessed (subject to meeting health and character criteria). The Resolution of Status visa provides permanent residency and access to the same benefits and entitlements as the Permanent Protection visa. These new arrangements treat refugees fairly and with dignity and enable them to engage fully in the Australian community.

292. In response to paragraph 24 of the Committee’s concluding remarks, the Government advises that the now repealed migration regulations prescribing criteria for the grant of TPVs applied equally to all unlawful arrivals, regardless of race or nationality.

293. Australia places no restrictions on movement within Australia on TPV holders who have not yet transitioned to the Resolution of Status visa. TPV holders are able to depart Australia should they wish to do so. Travel documents are provided on request in accordance with article 28 of the Refugees Convention.

294. Data as at 4 July 2008 indicated that 11 195 persons were granted an initial TPV or temporary Humanitarian visa in the period from inception of TPVs in 1999 to 30 June 2008. Of this group, some 9640 were subsequently granted a Permanent Protection visa as at 30 June 2008.

295. As requested by the Committee in its concluding remarks, the Statistical Annex contains a table disaggregated by nationality, of grants of TPVs from their inception to date.

F. Asylum-seekers on bridging visas without work rights

296. The Australian Government advises that arrangements for determining eligibility for Bridging visas with work rights are not discriminatory on the basis of race or nationality. Under current migration legislation, asylum seekers in the community may be eligible for a Bridging visa that enables them to work and access Medicare only if they applied for a Protection visa within 45 days of arriving in Australia.

297. Although access to Medicare is linked to work rights, all asylum seekers in the community may be eligible for assistance under the Asylum Seeker Assistance (ASA) scheme. ASA is funded by the Government and provides financial assistance, access to general health care, pharmaceutical assistance, torture and trauma counselling services and bereavement assistance via a network of providers coordinated and administered by the Australian Red Cross. Assistance under this scheme is particularly directed to where there are children and/or health conditions in need of attention in asylum-seeker families.

298. The Government is committed to introducing Bridging visa reforms that establish fair and appropriate access to work rights for asylum-seekers. The Department of Immigration and Citizenship has been directed to provide the Government with options to progress the implementation of this policy.

G. Australia’s citizenship test

299. The Australian Citizenship Test was introduced on 1 October 2007, for those people applying for conferral of citizenship under general eligibility. The test is the means by which most applicants aged between 18 and 60 can demonstrate their ability to meet certain legislative requirements including: an understanding the nature of the application, a basic knowledge of English language, and a knowledge of Australia and the responsibilities and privileges of Australian citizenship. The aim of the test is to ensure new citizens have the knowledge and skills to participate fully in Australian life and take advantage of the opportunities available to them.

300. The Federal Government will, commencing in August 2008, provide extra support to citizenship applicants to help them prepare for the test through the Citizenship Supports Grants Program, including:

• Funding of A$13.9 million over four years (from 2008–09) to assist new migrants to prepare for the test

• A webpage to help applicants understand the range of assistance available, including links to Australian Government-funded English language programmes

301. As detailed in Australia’s response to the request for citizenship information from the Independent Expert on Minority Issues (response dated 30 November 2007), some categories of people are not required to possess a basic knowledge of the English language, or knowledge of Australia and the responsibilities and privileges of Australian citizenship when applying for citizenship, and they need not sit the test. These include: people aged under 18 or aged 60 years and over; those with a permanent physical or mental incapacity; or those with a permanent loss or substantial impairment of hearing, speech or sight.

302. On 28 April 2008 the Minister for Immigration and Citizenship, Senator Chris Evans, announced the appointment of an independent committee to conduct a review of the Australian citizenship test since its implementation on 1 October 2007.

303. Senator Evans has stated that, although feedback from participants to date has been positive, a range of concerns have been raised about the test and these will be addressed in the review. He also stated that more work needs to be done to make sure the right questions are asked and there are no unintended barriers for people who wish to become Australian citizens.

304. The Government has confirmed it is committed to maintaining the citizenship test and remains confident that the citizenship test can play a valuable role in helping new citizens understand the rights and responsibilities of citizenship.

305. The review was commissioned to examine the operation of the citizenship test after six months experience and whether there are ways to improve its operation and effectiveness as the pathway for residents to become Australian citizens. It is expected that the Citizenship Test Review Committee will provide its report to the Minister by mid 2008.

306. As part of the review, the Committee has consulted with a number of community organisations, interest groups and individuals across Australia regarding the current testing arrangements. The Committee also held consultations in most major cities and in several regional areas around Australia and will be able to draw on the experiences of a wide range of clients and stakeholders when making its recommendations to the Minister.

307. The Committee welcomed views on this important matter from organisations such as HREOC and invited them both to participate in roundtable discussions and submit their comments in writing for consideration. The Committee wrote to over 700 organizations and individuals Australia-wide inviting written submissions. Invitations were sent to migration and refugee bodies, businesses, local government, educational bodies and academic, religious and sporting bodies. Over 175 written submissions were received from organizations and individuals from around Australia.

308. The Committee made 34 recommendations to improve the test. The Government fully supported 23 of the recommendations and gave in-principle support to a further four. Further information on the test is available at http://www.citizenship.gov.au/learn/cit_test/ test_changes/.

309. A new citizenship test was introduced on 19 October 2009. The key changes are:

• The test questions have been rewritten in plain English

• The test does not contain any mandatory questions

• The pass mark has increased from 60 per cent to 75 per cent

• The test is based on the Australian Citizenship Pledge that new Australians make when becoming citizens

VI. Multicultural initiatives

310. Details of the Australian Government’s multicultural programmes are contained in the common core document. Relevant updates to that information are provided below.

A. Multicultural policy

311. The Government is developing a multicultural policy to replace the previous statement, Multicultural Australia: United in diversity, which provided strategic direction from 2003 to 2006 and updated the previous policy statement, A New Agenda for Multicultural Australia. The Government is also considering advisory arrangements for multicultural issues. (This information updates paragraphs 582 and 583, common core document.)

312. Through both the NAP and the Community Liaison Officers network, the Government maintains two-way communications with many diverse community groups. When a crisis occurs in Australia or overseas, whether because of a domestic or overseas incident or natural disaster, the network helps the Government to respond appropriately. The network contributes to social cohesion by informing the Government and supporting it in responding to major community relations tensions that may arise and providing communities with a means to raise concerns with the Australian Government.

B. Public service programmes

313. A revised Access and Equity framework was released in 2007 (under the name Accessible Government Services for All), to encourage Australian Government services to be delivered in a way that is sensitive to the language and cultural needs of all Australians. It built on the original Access and Equity Strategy and the Charter of Public Service in a Culturally Diverse Society, which was established in 1998. The Government will retain the revised guiding framework and approach under the title Access and Equity, and promote its use through Australian Government departments (Update to paragraph 584, common core document).

C. National Action Plan to Build on Social Cohesion, Harmony and Security (NAP)

314. The National Action Plan to Build on Social Cohesion, Security and Harmony (NAP) was developed under the authority of the COAG to help empower those who may feel disaffected or marginalised. It supports their participation through initiatives including education projects, employment projects, integration programmes, community projects and national security initiatives.

315. Under the NAP, the Government pursues programmes and projects at federal, state, territory and community levels, focusing on education, employment, integrating communities and enhancing national security (common core document, para. 237).

316. The Australian Government, and state and territory governments, will seek to refine the implementation of the NAP based on knowledge gained through projects and research, and will continue to engage with the wider Australian community to gain better understanding of the issues arising from Australia’s cultural and religious diversity.

D. Living in Harmony programme

317. The Living in Harmony programme aims to address cultural, racial and religious intolerance by promoting respect, fairness, inclusion and a sense of belonging for everyone. The programme, with an annual budget of A$5.1 million, is primarily a community-based education initiative that seeks to strengthen community relations through project funding and information activities, including the celebratory day, Harmony Day. The Government is reviewing the branding of the Living in Harmony programme, which has operated since 1998, to ensure the programme reaches the broadest possible audience and more effectively targets its activities to local communities.

E. Impacts of counter-terrorism legislation

318. The Committee asked for further information about the impact of counter-terrorism legislation on specific ethnic groups and people of other national origins (concluding remarks, para. 13).

319. Counter-terrorism laws passed during the reporting period have received considerable scrutiny. For example, the Security Legislation Review Committee, in its Report of the Security Legislation Review Committee (2006) expressed ‘serious concern’ about the way in which counter-terrorism legislation is perceived by some members of Muslim and Arab communities.^[41] The Parliamentary Joint Committee on Intelligence and Security found that ‘one of the damaging consequences of the terrorist bombing attacks in the US, the UK, Europe and Indonesia has been a rise in prejudicial feelings towards Arab and Muslim Australia’. It also expressed concern about ‘reports of increased alienation attributed to new anti-terrorist measures, which are seen as targeting Muslims and contributing to a climate of suspicion’.^[42] It is important to note that the counter-terrorism laws have been drafted to ensure that they do not target any particular race or religion and that the laws apply equally to all sectors of the community. In the context of the terrorist organisation listing regime, the PJCIS specifically commented that it did not accept that the preponderance of militant Islamist groups on the current list is a form of discrimination. Overall, the reports of the Security Legislation Review Committee and the PJCIS: found the counter-terrorism legislation to be justified on the basis of the ongoing threat of terrorism to Australia; noted that there had been no excessive or improper use of the powers provided for in the legislation; and further noted that the legislation itself formed an important, although not exclusive, tool in Australia’s counter-terrorism strategy.

320. In its Report on the security and counter-terrorism legislation, the PJCIS also recommended that the Attorney-General’s Department increase its efforts to ensure that comprehensive information about the terrorism law regime is available to the public in appropriate community languages. As an ongoing task, the Government has undertaken considerable work to educate communities and create public awareness of the counter-terrorism laws and national security measures. In 2008, the Government developed an updated information pamphlet covering all key aspects of Australia’s counter-terrorism legislation, including the terrorism offences, the process for listing of terrorist organizations and the exercise of police powers in investigating a terrorism offence. The updated pamphlet is published in English and eight other languages (French, Spanish, Turkish, Arabic, Indonesian, Chinese, Malay and Vietnamese).

321. These reports expressed concern that the perception that counter-terrorism measures unfairly target Muslims can create further isolation and marginalisation of some sections of the Muslim community, which could lead to radicalisation. Both reports supported remedying these problems through measures which promote social inclusiveness and counter discrimination. Paragraphs 233 to 237 of the common core document contain relevant information about such measures. Since its publication, several further relevant projects have been undertaken under the NAP. For example, from December 2005 to May 2007, Muslim youth summits were held nationally and in each state and territory to discuss issues of concern and possible solutions^[43] (Update to paragraphs: 235, 236, 237, 316, and 585, common core document).

322. Projects under the NAP have been designed to build links between Muslim communities and emergency management and counter-terrorism coordination agencies. They have involved members of Muslim communities in planning for and responding to issues, incidents and crises. In 2007, a two-day ‘National Security for a Diverse Community Forum’ (a biennial event) brought together some 90 community leaders, of whom approximately two-thirds were Muslims. The Forum aimed to raise awareness of national security arrangements and issues, build understanding between communities and foster greater trust and connection with government.

323. Also in 2007, National Security and Crisis Management workshops were held in major cities to bring together representatives of Muslim communities, police and emergency services, representatives from state and territory government premiers’ and chief ministers’ departments and Australian Government representatives. The workshops were designed to increase community knowledge about counter-terrorism measures.

F. Ismaﻉ – Listen: National consultations on eliminating prejudice against Arab and Muslim Australians Project^[44]

324. The Ismaﻉ project commenced in 2003. Its objective was to ascertain the level and type of discrimination that Arab and Muslim Australians had been experiencing since the terrorist attacks in the United States on 11 September 2001 (September 11). It was clear from the consultations and the research conducted that there had been an increase in discrimination and vilification against the Arab and Muslim communities in Australia since September 11.

325. The project had three major components:

• Consultations with Arab and Muslim Australians

• An empirical survey using questionnaires and interviews to learn more about Arab and Muslim Australians’ responses to racism and abuse, and their experiences and understanding of complaints processes

• An audit of government and non-government strategies that address anti-Arab and anti-Muslim prejudice

Consultations

326. Through consultations with individual participants, host organisations and reference group members, HREOC gained a graphic description of community experiences of discrimination and vilification. In addition, HREOC contacted relevant federal, state and local government agencies and non-government community organizations requesting information about their response to the Arab and Muslim communities’ needs, including their initiatives that specifically address anti-Arab and anti-Muslim prejudice.

Empirical survey

327. To obtain a more comprehensive picture of the nature and extent of incidents of discrimination and vilification, HREOC engaged researchers at the University of Western Sydney to conduct an empirical survey using questionnaires and interviews to learn more about Arab and Muslim Australians’ experiences of and responses to racism and abuse, as well as their experiences and understanding of the complaints mechanisms. The research focused on Arab and Muslim Australians in New South Wales and Victoria. The report is available at http://www.humanrights.gov.au/racial_discrimination/isma/research/index.html.

Audit

328. The Ismaﻉ report provides a basic demographic and historical overview of Arab and Muslim Australians, as well as information on current federal and state anti-discrimination laws on racial and religious discrimination and vilification. Finally, the audit includes information on HREOC’s previous research and findings relating to religious discrimination and vilification and anti-Arab and anti-Muslim prejudice.

Findings

329. A report titled Ismaﻉ – Listen National consultations on eliminating prejudice against Arab and Muslim Australians, was released in 2004.^[45] The consultations confirmed that, since the terrorist attacks on September 11 2001 and the October 2002 Bali Bombings, members of Muslim and Arab communities have experienced increasing levels of discrimination. The Ismaع report identified the following trends within the Muslim and Arab communities:

• An increase in fear and insecurity

• The alienation of some members of the community

• A growing distrust of authority

• Racial and religious discrimination against Muslim women (especially Muslim women wearing the hijab or other forms of religious dress)

Recommendations

330. Participants in the Ismaﻉ project identified six key areas for improvement and future action:

• Improving legal protections, especially in relation to religious discrimination and vilification

• Promoting positive public awareness through education

• ِAddressing stereotypes and misinformation in public debate

• Ensuring community safety through law enforcement

• Empowering communities

• Fostering public support and solidarity with Arab and Muslim Australians

331. HREOC developed more specific recommendations from these broad areas following investigation of the kinds of initiatives that were already in place at a local, state and federal level across Australia. Key recommendations include:

• Enactment of federal legislation to make unlawful discrimination and vilification on the basis of religion

• Review of the use of the ethnic descriptor ‘Middle Eastern’ by police in their reporting of crime

• Review of the current systems used by police for recording incidents motivated by racial and religious prejudice

332. Building on the research of Ismaﻉ, and to help address the issues identified, HREOC completed two further Muslim communities projects in 2006–07:

• African Australians: A Report on the Human Rights and Social Inclusion Issues – A National Consultation and Report

• Freedom of Religion and Belief in the 21st Century – a National Consultation and Report

G. Other HREOC projects to engage the Muslim community

333. In 2006, HREOC held community consultations and forums in New South Wales and Victoria as part of the Unlocking Doors: Muslim Communities and Police Tackling Racial and Religious Discrimination Together project. The project aimed to:

• Strengthen Muslim communities’ relationship with law enforcement agencies, and inform community members about the legal avenues for victims of racial and/or religious hatred and abuse

• Help develop strategies to improve the ability of law enforcement agencies to deal with acts of racial and religious hatred and abuse against Muslim people

334. The Unlocking doors report^[46] documents the key issues and strategies identified in consultations with Muslim communities in NSW and Victoria, conducted in 2006. The consultations confirmed that the use of ethnic descriptors by police and the media in relation to crime reporting continues to be an issue of concern for the community. Communities were also concerned that the system of recording incidents of racial and religious hatred was not uniform or consistently applied by police.

335. In 2006, HREOC conducted a Muslim Women’s Project^[47] with the aim of engaging Muslim women in a dialogue about human rights and increasing understanding among Muslim women about anti-discrimination laws. This project responded to the findings of the Ismaﻉ report that found that the impact of racial and religious discrimination was most acutely felt by women, especially those wearing the hijab or other forms of religious dress. A one-day forum facilitated discussion about the issues that concerned Muslim women, including media representations of Islam and the legal protections available against racial and religious discrimination and vilification.

336. More recently, HREOC has been responsible for the implementation of projects under a programme called Community Partnerships for Human Rights.^[48] The funding for this programme is part of the NAP. The programme has two areas of focus:

• Working with young Muslim Australians to develop education strategies and resources that build understanding and awareness of anti-discrimination laws and human rights

• Working with law enforcement agencies to build engagement with Muslim Australian communities to help address discrimination and vilification against these communities

H. State and territory initiatives

337. Under the NAP, the previous government pursued programmes and projects at federal, state, territory and community levels, focusing on education, employment, integrating communities and enhancing national security (common core document, para. 237).

Australian Capital Territory

338. The ACT Government released Facing up to racism: A strategic plan addressing racism and unfair discrimination in June 2004. This strategic plan facilitates the ACT Government and the community working together to achieve common goals to address racism and unfair discrimination.

339. The aim of Facing up to racism is to create an environment that minimises the incidence of racism and unfair discrimination. The seven aims of the policy encourage respect, fairness, inclusiveness and multiculturalism. The ACT Government undertakes strategies to foster stronger community relations and celebrate diversity, which help to combat racism. Reporting against the Strategic Plan is in the form of a report card – the first of which was in 2006 and the second is due mid-2008. The Report card 2006 is at http://www.dhcs.act.gov.au/__data/assets/pdf_file/0008/4949/FacinguptoRacism.pdf.

340. The ACT Government funds a range of activities in areas such as sport, health, education, employment and events to celebrate and share heritage and culture. The Islamic community has organised: open days at a Mosque and the Canberra Islamic Centre; sports days to include members of the broader community; professional development for members of the Muslim community; and opportunities for Islamic community members to meet with media representatives to help understand each others’ approaches.

341. Other successful programmes include offering English language classes and employment programmes to migrants and refugees to give them the opportunity to become job-ready and employable in the Australian context.

342. Also, the ACT stages an annual National Multicultural Festival, which attracts participation by international, interstate and local groups. The event is run over ten days and, in 2008, boasted audiences of 170,000, with key attractions such as the Food and Dance Spectacular, Carnivale, Greek Glendi, Chinese New Year, Opera by the Lake, and Pacific Islander Showcase. The festival programme included 61 individual events. The festival brings together many facets of the community in Canberra and its region. It is a showcase for multiculturalism, involving ethnic communities that provide cultural performances and organise food stalls; commercial businesses that also organise food stalls; community groups and organisations that share information about their services; volunteers; sponsors; and Diplomatic Missions.

New South Wales

343. In March 2001, the New South Wales Government enshrined the principles of multiculturalism in legislation through proclamation of the Community Relations Commission and Principles of Multiculturalism Act 2000. Under the legislation, the Community Relations Commission (CRC) has the responsibility for promoting community harmony, and the participation of all people in NSW, in community and public life, regardless of their ethnic, cultural or religious backgrounds. The Chief Executive Officers of all government agencies and statutory bodies are responsible for ensuring that all agencies under their charge implement the Principles of Multiculturalism. The Community Relations Commission assesses and publishes information regarding compliance of all NSW State and Local Government agencies with the requirement to implement the Principles of Multiculturalism annually.

344. In October 2002, the CRC established a Community Harmony Reference Group to monitor and counter any community relations issues. The Reference Group included representatives from NSW Police, Department of Education and Training, Department of Community Services and the NSW Anti-Discrimination Board, and members of Sydney’s Islamic, Arabic-speaking, Jewish, Iraqi, Indonesian, Turkish and Sikh communities. Subsequently, the New South Wales Community Relations Crisis Management Plan (CRCMP) was adopted in New South Wales to maintain and manage community harmony in response to local or international events which impact on relationships within the community and between people.

345. On behalf of the NSW Government, the CRC conducted an inquiry into the settlement of African refugees in NSW, and the barriers impacting their successful settlement. Subsequently, the CRC released a report publicly in September 2006, which makes 41 recommendations to improve settlement outcomes for refugees and humanitarian entrants from Africa.

346. Examples of other major community relations initiatives, particularly with regard to racism, include:

• The CityWatch programme, established by the NSW Premier (as part of the Cabramatta Anti-Drug Strategy) and administered by the CRC as an initiative to help generate ideas and action to improve police community relations in the Cabramatta area of NSW.

• The Arabic Youth Partnership, established in July 2002 as a whole-of-government and whole-of-community project to address the needs of young people from Arabic-speaking backgrounds. Under the project, the CRC coordinated Youth Liaison Teams consisting of members from Muslim, Christian and non-denominational backgrounds to engage with young people and promote understanding.

• Canterbury-Bankstown Community Harmony Round, implemented by the CRC in partnership with the NSW Department of Community Services to promote community harmony across cultures and generations, and to enhance the capacity of the local community and government to sustain community harmony in the Canterbury–Bankstown area.

• Youth Partnership with Pacific Island Communities, managed by the CRC, which employed a whole-of-government approach to addressing issues affecting Pacific island communities.

• An annual Muslim youth festival to engage young people and improve understanding between Muslims and non-Muslims.

347. The CRC works closely with the NSW Anti-Discrimination Board to respond to instances of racial discrimination which may be brought to its attention.

Queensland

348. In 2005, following international incidents and subsequent discussions with Muslim community leaders, the Queensland Government established a Muslim Community Engagement Strategy. Strategy highlights include:

• Funding for two Muslim youth workers over the 2006–09 period

• Funding for two Muslim employment workers (from 2006 until the end of 2010 under joint state and Commonwealth funding)

• An Abrahamic Faith forum held at Queensland’s Parliament House in February 2007 that brought together more than 200 faith and community leaders and representatives of government agencies to share their perspectives on promoting inter-faith harmony in Queensland

• An International Symposium on the Challenges and Opportunities of Islam in the West

• Numerous small grants programmes across Queensland to improve understanding between Muslim and non-Muslim Queenslanders

• Three Islamic Awareness events, including a week of community engagement events in August 2006. These events provided an opportunity for all Queenslanders to learn more about Islam, encourage understanding and counter misconceptions among Muslims and non-Muslims

349. Each Queensland Government agency has developed a multicultural action plan to address issues that CALD Queenslanders experience when they interact with the justice system, and to ensure that all services and programmes are accessible to Queenslanders from diverse backgrounds. Goals of the current plan are to develop effective relationships with CALD communities, improve accessibility of services, and develop a diverse workforce to provide culturally inclusive and responsive services and policies.

350. The multicultural employment strategy encompasses a range of programmes including job preparation and paid work placements to assist jobseekers from CALD backgrounds, particularly migrants and refugees. In 2006 to 2007, 1279 CALD jobseekers were assisted with job preparation or work placement (22.6 per cent of all job preparation and work placement participants). Between October 1998 and June 2007, 13,707 multicultural jobseekers were assisted with job preparation, paid work placements, accredited training or a funded apprenticeship or traineeship.

351. The Queensland Government’s Multicultural Policy requires departments to produce annual Multicultural Action Plans to include initiatives/activities aligned with the following whole-of-government strategies:

• Community relations and anti-racism

• Supporting communities

• Productive diversity

• Strengthening Multiculturalism in the Public Service

352. In 2006, Women’s Community Leadership Seminars were held in Barcaldine, Rockhampton, Brisbane and Bamaga. The seminars aimed to bring together Indigenous and non-Indigenous women to share stories of leadership and to encourage the next generation of community leaders to develop their skills and ideas. The seminars provided an opportunity for women to develop their networking and leadership skills and to learn how to communicate with government and other organizations to achieve change.

353. Backing Indigenous Arts^[49] is a Queensland Government programme investing A$10.73 million over four years to strengthen Aboriginal and Torres Strait Islander arts in communities across Queensland. The programme will provide and enhance the places, tools and skills to help Aboriginal and Torres Strait Islander artists to create their art, and will also assist these artists in getting broader recognition and economic return for their work.

354. The programme includes four main initiatives: the development of Arts Centres in 15 Indigenous areas, a Cairns Printmaking Centre, a Cairns Indigenous Art Marketplace, and programmes to build skills and opportunities. The funding for these centres will address establishment costs, as well as funding for training and skills development, business planning and marketing, employment opportunities and other resource requirements.

Victoria

355. The Victorian Government has implemented a range of initiatives to strengthen intercultural and interfaith dialogue and to support newly arrived migrants and refugees. Highlights include:

• The Premier’s Multifaith Forum 2005, which was attended by over 30 faith leaders. At the forum, those leaders released a joint statement on racial and religious tolerance, expressing in-principle support for the Racial and Religious Tolerance Act 2001 (Vic) and a commitment to encourage and support local interfaith groups, particularly youth and women’s networks. A subsequent forum was held in 2007.

• A multifaith advisory group met for the first time in early 2008, and will continue to meet regularly to advise the Victorian Government on issues of relevance to Victoria’s faith communities, and ongoing opportunities for interfaith dialogue.

• Provision of support to migrants and refugee communities. Specific initiatives include the Community Grants Program (grants to Victoria’s CALD communities to develop and sustain local community organizations and programmes), the Refugee Nurses Program (provision of culturally appropriate and holistic health care to refugees) and the Refugee Brokerage Program (provision of joined-up services across government to refugee communities to increase their participation in the community).

Western Australia

356. The Integrated Services Centres project uses schools as hubs to improve the delivery and coordination of critical settlement services to humanitarian entrants, and to relieve pressures on mainstream services.

357. The Training Subsidies Program addresses systemic and attitudinal barriers for people from CALD backgrounds accessing apprenticeships and traineeships.

358. The WA Government has developed a programme to address barriers faced by some ethnic young people in accessing sporting clubs and engaging in mainstream sporting and recreation activities. It has also funded a mental health service targeted at people from ethnic backgrounds with a particular focus on, but not limited to, humanitarian entrants.

359. The WA Government developed the Community Relations Integration Officers Grants Program to assist migrants and refugees from new and emerging communities to attain knowledge of and to access government and non-government services and programmes.

360. The Inclusion and Integration Grants Program funds projects designed to build community capacity, and promote integration and active participation by all members of WA’s diverse community. The WA Government has developed a programme for the placement of Community Relations Integration Officers in the WA Career Development Centre to establish links between ethnic communities and key training and employment services.

361. The WA Government has commissioned research to examine the context underpinning the level of participation of CALD artists in arts activities in WA and make recommendations to inform state government arts policies, programmes and strategies.

Annex 1

Consultation

The following individuals and organisations made submissions on the report:

Aboriginal Legal Rights Movement

Amnesty International Australia

Australian Bahá’i Community

B’nai B’rith Anti-Defamation Commission

Catholic Social Services Australia

David Faulkner

FAIRA

Federation of Ethnic Communities’ Council of Australia

Human Rights and Equal Opportunity Commission (renamed the Australian Human Rights Commission in September 2008)

Uniting Justice Australia

The following Australian Government agencies contributed to the report:

Attorney-General’s Department

Department of Foreign Affairs and Trade

Department of Families, Housing, Community Services and Indigenous Affairs

Department of Health and Ageing

Department of Education, Employment and Workplace Relations

Department of the Prime Minister and Cabinet

Department of Immigration and Citizenship

The following state and territory governments contributed to the report:

Australian Capital Territory Government

New South Wales Government

Northern Territory Government

Queensland Government

South Australian Government

Tasmanian Government

Victorian Government

Western Australian Government

Annex 2

Response to Special Rapporteurs

Australian Government response to a letter dated October 2007 from three United Nations Special Rapporteurs, alleging breaches of Australia’s domestic and international human rights obligations in undertaking measures for the NTER

Rodolfo Stavenhagen, Yakin Ertürk and Doudou Diène

Special Rapporteurs

OHCHR

Special Procedures Services

United Nations Office at Geneva

CH-1211 Geneva 10

Dear Mr Stavenhagen, Ms Ertürk and Mr Diène,

Response to your letter regarding the Northern Territory Emergency Response to combat violence and child abuse in Indigenous communities

The Australian Government presents its compliments to the Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous people, the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and thanks you for your joint letter dated 10 October 2007 regarding the Northern Territory Emergency Response (NTER).

The Australian Government considers that the measures which comprise the NTER are necessary to ensure that Indigenous Northern Territorians, and in particular Indigenous women and children in relevant communities, are able to enjoy their social and political rights on an equal footing with other Australians.

Because of the Australian federal election on 24 November 2007, the Australian Government is currently in a ‘caretaker’ role. The attached draws on previous statements of the Australian Government to explain its position.

The Australian Government would like to thank you for your continued interest in Indigenous peoples around the world and in particular your interest in the wellbeing of Indigenous Australians, and avails itself of this opportunity to renew the assurances of its highest consideration.

Caroline Millar

Australian Ambassador and Permanent Representative

to the United Nations, Geneva

Attachment

On 21 June 2007 the Prime Minister, the Hon John Howard and the Minister for Families, Community Services and Indigenous Affairs, the Hon Mal Brough announced emergency measures to protect Indigenous women and children in the Northern Territory from violence and sexual abuse. The Northern Territory Emergency Response (NTER) involves a range of measures to protect women and children and make communities safe in the first instance, then to lay the basis for a sustainable future for Indigenous people in the Northern Territory.

The Australian Government’s decision to take immediate action followed the Little Children are Sacred investigation and report (the Report) prepared for the Northern Territory Government which concluded that child abuse in Indigenous communities throughout the Northern Territory is at crisis levels. The Report confirmed the strong link between alcohol abuse, violence and the sexual abuse of children and provided a catalyst for immediate and significant action.

The Australian Government acknowledges that these are both exceptional and necessary measures to enable all, particularly women and children, to live their lives free of violence and to enjoy the same rights to development, education, health, property, social security and culture that are enjoyed by other Australians. In this regard it is important to note that many of the provisions are time limited and designed to stabilise communities so that longer term action can be taken.

The Australian Government acknowledges that child abuse and neglect are not unique to Indigenous Australians and while the measures in the Northern Territory will impact more on Indigenous than on non-Indigenous people, they apply equally to all those living in the prescribed areas. The NTER implements Australia’s obligations under human rights treaties such as the UN Convention on the Rights of the Child (CROC), to protect children from abuse, neglect and exploitation and to ensure that children survive, develop, have an adequate standard of living and benefit from social security. The Government also acknowledges that the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD) requires that such measures must not result in persons of a particular race being treated differently so as to diminish their equal enjoyment of human rights and fundamental freedoms. This will not be the case where different treatment is based on objective and reasonable criteria that implement a legitimate purpose under relevant treaties, including the CROC. The Government is confident that the measures meet this test.

Many Indigenous people in the Northern Territory face significant social and economic barriers to the enjoyment of their rights to health, development, education, property, social security and culture. Each measure in the response is therefore designed to ensure that all Indigenous people have the chance to enjoy human rights on an equal footing with other Australians. In particular, the measures are necessary to ensure that there is real improvement before it is too late for many Indigenous children.

The legislation implementing the NTER clarifies that certain measures are ‘special measures’ for the purposes of the Racial Discrimination Act 1975 which implements Australia’s obligations under the CERD. As ‘special measures’ the NTER measures do not seek to take away rights and freedoms. Rather, the measures provide the foundation for rebuilding social and economic structures and give meaningful content to Indigenous rights and freedoms.

In addition to the immediate measures being taken in the Northern Territory, the Australian Government has introduced broader changes to respond to child neglect in all Australian states and territories. State and territory child welfare authorities will be able to request the Australian Government to income manage parents’ welfare payments in circumstances where they consider it is necessary to ensure that parents meet their obligations to provide for their children’s basic needs. Parents and guardians receiving welfare payments will also be required to ensure children are enrolled at school and attend regularly. These measures represent very significant changes to social welfare delivery arrangements in Australia. They will be progressively introduced over the next three years, with the school enrolment and attendance measure commencing in the Northern Territory as soon as possible. Again, the decision to prioritise the Northern Territory in the implementation of this measure reflects the crisis in Indigenous communities in the Territory.

Consultation

The Government’s response to the crisis in the Northern Territory has been informed by the views and concerns put to the Minister for Families, Community Services and Indigenous Affairs and officials in formal and informal consultations and meetings with members of the affected communities.

Since the announcement of the emergency response, all prescribed communities have been visited by teams from the Operations Centre, which comprises an on-the-ground dedicated team to advise and coordinate the emergency response. This team reports to a Taskforce appointed by the Government with an advisory role. A series of regional community engagement workshops is underway. As at 9 November, representatives from 61 communities had attended. These workshops are informing community members about the emergency response, providing an opportunity for discussion, building relationships and seeking their involvement in the implementation of the response. The Australian Government’s welfare payment delivery agency, Centrelink, is also meeting individually with those affected by the welfare reform measures. These meetings give individuals the opportunity to discuss and have input into their income management arrangements.

Further, Government Business Managers (GBMs) have been appointed for each community to provide an on-the-ground Australian Government presence. While assisting in the implementation of the emergency response and ensuring government services are effectively coordinated and delivered, GBMs play a key role in working cooperatively, and liaising, with the local community (including community organisations), and provide a direct point of contact for community members to discuss any issues and concerns they may have, with the Australian Government.

Alcohol and pornography reforms

The consequences of widespread alcohol abuse for Indigenous Territorians are damaging for all, but this is especially true for women and children. The Report found a strong association between substance abuse, particularly alcohol (known as ‘grog’), and the sexual abuse of children. It referred to ‘rivers of grog’ fuelling community dysfunction.

The Australian Government’s view is that the scale of the problem required urgent and significant action. In response, the Government has imposed alcohol restrictions including a general ban on all people in prescribed areas possessing, selling, transporting and drinking alcohol. The alcohol measures are being supported by extra policing during the emergency period, and will help to track, investigate and prosecute any person bringing alcohol into vulnerable communities.

The measures recognize that small, remote communities are particularly vulnerable to the effects of excessive alcohol consumption and therefore need a special response. These measures complement measures currently being introduced by the Northern Territory Government to deal with alcohol problems in the larger towns, such as making public areas ‘dry’. The intention is that the measures will remain in force for six months, subject to review. This reform will help stabilise these communities and provide a chance for recovery.

Coupled with the new legislation, the Australian Government Department of Health and Ageing is implementing a package of measures which will provide alcohol withdrawal interventions, family support, referrals for withdrawal, rehabilitation and treatment and linkages with primary health care services.

Further, the Australian Government Department of Families, Community Services and Indigenous Affairs has been allocated an additional AUD$9.2 million in 2007–08 for a new Alcohol Diversionary Activities initiative including rehabilitation services focused on providing activities to divert young people, living in remote Northern Territory Indigenous communities, away from alcohol and drugs. These services will provide intensive support in communities and will assist with the engagement of young people back into schools and employment (where appropriate).

The Report also found that young children were being exposed to sexually explicit material in Indigenous communities and that this was having an adverse effect on the wellbeing and safety of these children. To protect Indigenous children from the damaging effects of exposure to inappropriate material, the Government has banned both the possession of pornography within prescribed areas and the supply of pornography into those areas. The Government has also introduced audits of publicly funded computers to identify illegal material. In addition the Australian Government is working with the Northern Territory Government on training needs for pornography education in Indigenous communities.

Compulsory acquisition of leases and reform of the permit system

Leases

As part of the response, the Australian Government will compulsorily acquire leases over towns and communities specified by legislation for a period of five years. The area of land involved is less than 0.1 per cent of all Indigenous land in the Northern Territory. The Government considers that acquiring leases over these townships is crucial to removing barriers to implementing the NTER in a timely fashion. The acquisition of leases will allow the Government to stabilise communities and ensure that children live in a cleaner environment with more sustainable housing.

Indigenous people, particularly Indigenous women and children, cannot enjoy their social and economic rights equally with non-Indigenous people, including rights to their land, if living conditions in communities are dangerous. Further, the Government cannot repair buildings and infrastructure in a crisis situation without access to the land and assets in question. The leases will only do what is necessary to address the current crisis. The underlying rights, title and interest of the Indigenous owners over the leased land will be preserved and appropriate compensation will be provided for the lease should compensation be payable.

Permits

The Australian Government believes that the existing permit system has created closed communities which has hidden problems from public view and allowed some people to create a climate of fear and intimidation. The current system has not stopped crime, child abuse, drug running or violence.

The Government has been considering changing the permit system since it announced a review in September 2006 and a discussion paper was released in October 2006. Following the release of the discussion paper, over 40 communities were visited during consultations. The Government decided to retain the permit system for 99.8 per cent of Indigenous land in the NT. Public access will be allowed for common areas in major communities and for access to those communities. Homes will remain private, sacred sites will continue to be respected, and the NT Government will be able to legislate for the temporary closure of common areas and access roads for cultural events including ceremonies and public health and safety.

Welfare reforms

The Australian Government has introduced welfare reforms in the NTER to stem the flow of cash being used to buy substances such as alcohol, drugs and pornography, and to ensure that money meant for children’s welfare is used for that purpose. In most cases up to 50 per cent of welfare payments will be subject to income management. The level of individual entitlements will not be reduced, but rather redirected to ensure that the priority needs of the person, their partner, children and other dependants are met. These new arrangements apply to all people who receive welfare payments and live in prescribed communities in the Northern Territory.

Customary law issues in bail and sentencing measures

In 2006, COAG agreed that no customary law or cultural practice excuses, justifies, authorises, requires or lessens the seriousness of violence or sexual abuse and that their laws would reflect this.

The Australian Government’s legislative amendments reflect this decision by providing that in the assessment of bail and sentencing decisions under Northern Territory law, the seriousness of criminal behaviour cannot be excused, lessened or aggravated because of customary law or cultural practice. This is in line with the Australian Government’s previous legislative amendments applicable to bail and sentencing for Commonwealth offences.

The Australian Government’s amendments ensure that customary law or cultural practice cannot be used as an excuse for any type of criminal behaviour, including unlawful violence or sexual abuse against women and children.

A court or bail authority will still be able to consider customary law in limited circumstances, but the Government’s legislation makes it clear that the decision to grant bail or impose a particular sentence should not be based on whether the criminal behaviour would be assessed as less, or more serious, due to customary law or cultural practice.

Annex 3

Statistical annex

Visas granted during the reporting period

Table 1

Protection and Humanitarian visas granted – citizenship of recipients

Temporary Protection visa (TPV) and temporary Humanitarian visa (THV) grantees by citizenship. Grants from inception* to 30 June 2008

Data current as at 4 July 2008

* TPV first granted in November 1999. THV first granted in March 2002.

** Includes citizenships where grants are less than 10.

Figure 1

Table 2

Visitor visa grants (persons) – 2003–04 to 2006–07

* Ranking in latest program year.

** Indicates ranking in that program year was outside top 40 nationalities.

Table 3

Offshore visitor visa grants for programme year 2007–08

Table 4

Migration programme outcome 1996–97 to 2007–08