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Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Block grant funding for Aboriginal groups on a triennial basis That the Commonwealth Government, in conjunction with the State and Territory Governments, develop proposals for implementing a system of block grant funding of Aboriginal communities and organisations and also implement a system whereby Aboriginal communities and organisations are provided with a minimum level of funding on a triennial basis. Government’s original position: Qualified support Revised government position: Qualified support Agencies responsible for implementation: Department of Aboriginal Affairs Implementation report The Department of Aboriginal Affairs actively encourages Government departments to provide funding on a triennial basis for ongoing programs and to ensure adequate planning, development and delivery of services. Through the CEOs’ Working Group on Aboriginal Affairs it is envisaged that Government funding will be rationalized to reduce duplication of effort and co-ordinated to ensure a more effective resource allocation to Indigenous communities. The CEO’s working group on Aboriginal Affairs comprises the Chief Executive Officers of The Cabinet Office, the Premier’s Office, the Office of the Director of Equal Opportunity in Public Employment, and the Departments of Aboriginal Affairs, Juvenile Justice, Attorney-General, Education and Training, State and Regional Development, Health, Public Works and Services, Land and Water Conservation, Corrective Services, Women, Community Services, Urban Affairs and Planning, NSW Police Service and the National Parks and Wildlife Service. The terms of reference for the Group are:
Implementation status Partially implemented Future reporting in Part A
Programs to be delivered either by Aboriginal organisations or following consultation That in the implementation of any policy or program which will particularly affect Aboriginal people the delivery of the program should, as a matter of preference, be made by such Aboriginal organisations as are appropriate to deliver services pursuant to the policy or program on a contractual basis. Where no appropriate Aboriginal organisation is available to provide such service then any agency of government delivering the service should, in consultation with appropriate Aboriginal organisations and communities, ensure that the processes to be adopted by the agency in the delivery of services are appropriate to the needs of the Aboriginal people and communities receiving such services. Particular emphasis should be given to the employment of Aboriginal people by the agency in the delivery of such services and in the design and management of the process adopted by the agency. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Aboriginal Affairs Implementation report The Department of Aboriginal Affairs’ (DAA) Aboriginal Community Development Program’s core responsibility is to ensure that local Indigenous communities identify, in conjunction with DAA, ATSIC and (Local Aboriginal Land Councils) LALCs, sustainable projects that Aboriginal people manage and maintain. Localizing management of the delivery of services and the creation of partnerships between government and Aboriginal communities has resulted in an increased number of Indigenous organizations and people either delivering or contributing to the delivery of programs at the local and/or regional level. Whilst this is based on anecdotal evidence it is the intention of the Department of Aboriginal Affairs to undertake a survey of Government departments and agencies to ascertain the number of Aboriginal organizations/people who have/had the responsibility for the development or delivery of Government supported initiatives. Implementation status Partially implemented Future reporting in Part A
Methods by which Aboriginal groups are required to account should be simple That the Commonwealth Government, in negotiation with appropriate Aboriginal organisations, devise a procedure which will enable Aboriginal communities and organisations to properly account to government for funding but which will be least onerous and as convenient and simple as possible for the Aboriginal organisations and communities to operate. The Commission further recommends that State and Territory Governments adopt the same procedure, once agreed, and with as few modifications as may be essential for implementation, in programs funded by those governments. Government’s original position: Qualified support Revised government position: Qualified support Agencies responsible for implementation: Department of Aboriginal Affairs Implementation report The Commonwealth Government has not implemented this recommendation and no national standards have been developed. Individual funding bodies determine the reporting and accounting requirements imposed on Aboriginal organisations. One impediment to the implementation of this recommendation is the pressure placed on government agencies to fully account for the way in which their funds are spent. However, in co-ordinating Aboriginal input and/or involvement in projects, the Department of Aboriginal Affairs (DAA) has ensured that regularized accounting procedures are implemented and maintained, so as to ensure accurate and timely reporting and ease of operation. This is exemplified in DAA involvement in co-ordinating Aboriginal input into Regional Forest Agreement processes whereby the Department has worked closely with the NSW Aboriginal Land Council to ensure that financial arrangements were clear, simple and precise whilst still at a level of acceptable financial management procedures. The Registrar’s office has been undertaking a series of workshops for Local Aboriginal Land Councils (LALCs) on legislative requirements including financial monitoring and reporting procedures. These workshops will provide appropriate information on what is required and aim to ensure that all LALCs are fully cognizant of their requirements under the Act. Implementation status Partially implemented Future reporting in Part A
Aboriginal people to have equal access to essential services That governments commit themselves to achieving the objective that Aboriginal people are not discriminated against in the delivery of essential services and, in particular, are not disadvantaged by the fact that the low levels of income received by Aboriginal people reduce their ability to contribute to the provision of such services to the same extent as would be possible by non-Aboriginal Australians living in similar circumstances and locations. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Aboriginal Affairs Implementation report The Aboriginal Community Development Program (ACDP) of the Department of Aboriginal Affairs (DAA) has been designed to ensure that Indigenous communities have access to and are supplied with essential services. The intent of ACDP is to make sure that the development of community infrastructure is sustainable through the local communities “owning” the programs through participation in design, management and maintenance of the services provided. DAA continuously liaises with relevant State and Commonwealth agencies responsible for the delivery of essential services (this includes ATSIC) to ensure that Indigenous communities have access to and are provided with services that are comparable with those available to the wider Australian community. Through the NSW Aboriginal Affairs Chief Executive Officers Working Group on Aboriginal Affairs (co-chaired by the Director General of DAA and the Director General of the Cabinet Office), pertinent and accurate integration of source delivery can be relayed to the appropriate Government agency responsible for the delivery of essential services so as to make sure that equity of access and delivery is achieved. Implementation status Partially implemented Future reporting in Part A
Funding for communities to be equitably distributed between Aboriginal and Non-Aboriginal people That the Commonwealth Government negotiate with State and Territory Governments to ensure that where funds for local government purposes are supplied to local government authorities on a basis which has regard to the population of Aboriginal people within the boundaries of a local government authority equitable distribution of those funds is made between Aboriginal and non-Aboriginal residents in those local government areas. The Commission further recommends that where it is demonstrated that equitable distribution has not been provided that local government funds should be withheld until it can be assured that equitable distribution will occur. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Local Government Implementation report The Financial Assistance Grants provided by the NSW Grants Commission are untied grants. Councils utilise these grants depending on the needs of the council. The formula used to determine the grant to a council identifies the ATSI proportion of the community. Where this exceeds the State average, it results in an amount being included in the grant. The National Principles relating to the allocation of general purpose grants payable under Section 9 of the Local Government (Financial Assistance) Act 1995 (the Act) among local governing bodies are as follows:
General purpose grants will be allocated to local governing bodies, as far as practicable, on a full horizontal equalisation basis as defined by the Act. This is a basis that ensures that each local governing body in the State/Territory is able to function, by reasonable effort, at a standard not lower than the average standard of other local governing bodies in the State. It takes account of differences in the expenditure required by those local governing bodies in the performance of their functions and in the capacity of those local governing bodies to raise revenue. (2) Effort Neutrality An effort or policy neutral approach will be used in assessing expenditure requirements and revenue raising capacity of each local governing body. This means as far as practicable, policies of individual local governing bodies in terms of expenditure and revenue effort will not affect the grant determination. (3) Minimum Grant The minimum general purpose grant allocation for a local governing body in a year will be not less than the amount to which the local governing body would be entitled if 30% of the total amount of general purpose grants to which the State/Territory is entitled under Section 9 of the Act in respect of the year were allocated among local governing bodies in the State/Territory on a per capita basis. (4) Other Grant Support Other relevant grant support provided to local governing bodies to meet any of the expenditure needs assessed should be taken into account using an inclusion approach. (5) Aboriginal Peoples and Torres Strait Islanders Financial assistance shall be allocated to councils in a way, which recognises the needs of Aboriginal peoples and Torres Strait Islanders within their boundaries. In New South Wales these allocations are made direct to general purpose councils who are responsible for provision of a variety of services to the local ATSI community. In some States, ATSI communities form local governing bodies and receive grants directly as councils. This is not the case in New South Wales where the communities exist within council areas rather than as discrete areas. As Financial Assistance Grants are untied grants and councils are autonomous bodies, the utilisation of these grants are dependant on the councils needs and decision. However, the dollar amounts relating to the ATSI component are relatively small in the total amount of a council’s grant. Grants are based on a series of disability calculations and the ATSI population factor may also attract additional funds under other categories. The Department has undertaken a number of initiatives designed to assist in equally distributing these grants. These include:
The Commission is still to finalise the review of the issue. Implementation status Fully Implemented Future reporting in Part A
Provision of administrative, political and management training to Aboriginal organisations That where such courses are not already available, suitable training courses to provide necessary administrative, political and management skills should be available for persons elected to regional councils of ATSIC, elected to, appointed to, or engaged in Aboriginal organisations involved in the delivery of services to Aboriginal people and other Aboriginal community organisations. The content of such training courses should be negotiated between appropriate education providers (including Aboriginal education providers) other appropriate Aboriginal organisations and government. Such courses should be funded by government and persons undertaking such courses should be eligible for such financial assistance in the course of studies as would be available under ABSTUDY guidelines. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Education and Training Implementation report Targeted courses for Aboriginal communities and organisations delivered by TAFE NSW are all based on a process of consultation between the community/organisation and the TAFE Aboriginal Co-ordinators or Aboriginal Development Managers. Among the courses available to assist Aboriginal organisations to develop the administrative and management skills of service delivery organisations is the Aboriginal Education Committee Training course. This course, developed in 1996 and revised in 1997, provides Aboriginal students with an introduction to transferable skills needed for the efficient running of an education-related committee, including budgeting, committee procedures, conflict resolution and planning. In 1998, 48 students undertook this course. Joint planning by the Western Institute of TAFE and Murdi Paaki ATSIC Regional Council was commenced for consultancies in training in housing construction and renovation. The Western Institute of TAFE also commenced planning for carpentry, joinery and organisational administration courses for Binnaal Billa ATSIC Regional Council. Implementation status Partially implemented Continued reporting
Governments to give priority to economic and cultural development plans by Aboriginal groups That the highest priority be accorded to the facilitation of social, economic and cultural development plans by Aboriginal communities, and on a regional basis, as a basis for future planning of:
(b) training, employment and enterprise projects; (c) CDEP schemes; (d) the provision of services and infrastructure; and (e) such other social and cultural needs as are identified. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Aboriginal Affairs Implementation report This recommendation is largely the responsibility of the Aboriginal and Torres Strait Islander Commission and the Commonwealth Government. However, the NSW Government is implementing a number of initiatives which involve Aboriginal communities working in partnership with the NSW Government to identify the needs of the community and the appropriate way of meeting these needs. The basic premise of the Aboriginal Community Development Program (ACDP) is to consult and negotiate with local Indigenous communities to identify local community infrastructure needs (eg housing, etc) and to develop appropriate plans and agreements that reflect community needs and aspirations. The planning and delivery process is undertaken in a partnership arrangement with elected officials from ATSIC and the relevant Aboriginal Land Councils. This partnership ensures that local and/or regional needs are identified and addressed at the local level. The ACDP effectively empowers Aboriginal communities to work towards the outcomes that are required to redress disadvantage. The Regional Forest Agreement process further exemplifies Department of Aboriginal Affairs initiatives in this area as it is seen as a model in incorporating local Aboriginal concerns into all aspects of the agreements. A Comprehensive Regional Assessment (CRA) involves State and Commonwealth Governments co-operating:
Forestry Agreements aim to provide a blueprint for the future management of forests, that includes:
Assessments of forest values and uses have been completed in four New South Wales regions (that is, Eden, Upper North-East (UNE), Lower North-East (LNE) and Southern). The completed Forest Agreements for the Eden, UNE and LNE regions, which were released 5 March 1999, have reserved additional forest as National Park (37,000 hectares in Eden; 136,572 hectares in UNE; and 245,628 hectares in LNE). The outcomes of these Forestry Agreements, and the mechanisms for implementing them, have been encapsulated in the Forestry and National Parks Estate Act 1998. The Resource and Conservation Division of the Department of Urban Affairs and Planning manages the CRA process on behalf of the New South Wales Government, while the Resource and Conservation Assessment Council (RACAC), provides guidance in relation to the CRA process. In order to protect any Native Title rights and interests that may exist on the newly-created National Park estate, the NSW Government will negotiate Indigenous Land Use Agreements (ILUAs) with the traditional Aboriginal owners through the Native Title Unit of the NSW Aboriginal Land Council. A framework agreement, which was signed by the NSW Government and the NSW Aboriginal Land Council on 10 March 1999, will form the basis for negotiations. Implementation status Partially implemented Future reporting in Part A |
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