Revised approach to tendering of legal services to Indigenous peoples welcomed
Aboriginal and Torres Strait Islander Social Justice Commissioner, Tom Calma, has welcomed the federal Government’s announcement that it has revised its approach to the tendering out of legal services to Aboriginal and Torres Strait Islander peoples.
The Commissioner said that the changes announced by the government go a long way towards addressing serious concerns raised with the original tender documents. “I am particularly pleased that the government has responded to the concerns raised by the Commission that some parts of the original tender documents may have breached the Racial Discrimination Act 1975 (Cth) by removing those requirements from the tender,” said Mr Calma.
The federal Attorney-General announced on 28 July 2004 that the proposed tender arrangements would be modified to:
- reinstate addressing Indigenous incarceration as a priority of the provision of legal services;
- remove directions that would have allowed successful tenderers to refuse to provide legal services relating to public drunkenness and to repeat offenders for violence offences; and
- include in the selection process requirements that prospective tenderers demonstrate their ability to provide Indigenous leadership and culturally-sensitive legal services.
The Attorney-General also announced that independent assistance will be provided to Indigenous organisations who wish to tender in recognition of their lack of commercial contracting experience.
“Aboriginal and Torres
Strait Islander Legal Services have a vital role to play in addressing the continuing
inequality experienced by Indigenous people in Australia,” Mr Calma said.
“The tender process needs to balance concerns about efficiency, effectiveness
and value for money services with requirements of ensuring culturally-appropriate
legal services and adequate resources to tackle the full range of issues facing
Indigenous communities and individuals. This includes ensuring that ATSILS provide
appropriate services for Indigenous women (especially relating to family violence)
and a more proactive role in prevention and community education.”
‘There remain steps to be taken to ensure that government programs fully support this approach. However, the revising of the tender documents is a significant step towards addressing the ongoing crisis of Indigenous over-representation in criminal justice processes and need for specialist Indigenous legal services.”
Concerns previously raised by the Social Justice Commissioner about the tendering process are available online at http://www.humanrights.gov.au/social_justice/index.html
Media Contact:
Janine MacDonald on 02 9284 9880 or 0407 660 235
