Site navigation

Change font size: SmallerLargerReload

Aboriginal & Torres Strait Islander Social Justice navigation

Social Justice Report 2002

Appendix 1: Partnerships and agreements between Indigenous organisations and state or territory governments

This appendix contains an overview of the main framework agreements and partnerships made between Indigenous representative organisations, the Aboriginal and Torres Strait Islander Commission, and state or territory governments.[1]

Aboriginal and Torres Strait Islander Commission

The Aboriginal and Torres Strait Islander Commission has placed particular emphasis on forming partnerships and entering into agreements within and outside government. ATSIC has engaged with Premiers and Chief Minister's throughout all state and territories as a means to progressing relationships and alliances between governments and Indigenous peoples.
This has set the platform for Aboriginal and Torres Strait Islander communities to enter into dialogue with state and territory Governments.

The recent agreement between ATSIC and the Government of Victoria signed in June 2002 has seen key members of the elected arm and public servants from both ATSIC and state agencies now comprise an Aboriginal Advisory Council to the Premier.

The newly elected Northern Territory Government revived an ATSIC-NT Government forum which had not met in two years, and now recognises ATSIC both as a key representative body for Indigenous peoples in the Territory and as a vital contributor to the Territory's economy.

Throughout 2001-2002, formal agreements were signed with three states and the Australian Capital Territory (ACT). In June 2001, a Communiqué was signed between ATSIC and the South Australian Government which set the platform for a Partnership Agreement concluded in December 2001, which provided for a range of specific initiatives.

A Statement of Commitment for a New and Just Relationship with Aboriginal Western Australians was developed between ATSIC and the Government of Western Australia in October 2001. As a result an Indigenous Affairs Advisory Committee was established that brings together the Directors-General of state agencies together with the ATSIC State Council.

In Tasmania, a communiqué which was signed with the Premier in November 2001 is being developed into a formal partnership agreement. In February 2002, a similar communiqué was signed with the ACT. In July 2002, ATSIC and the Queensland Government signed a Statement of Commitment.

The collective vision behind these agreements is for a whole-of-government approach to servicing Aboriginal and Torres Strait Islander peoples. It is envisaged that the open dialogue between Indigenous peoples and governments will set the platform for greater decision-making and coordination of policies, programs and services by Aboriginal and Torres Strait Islander peoples.

Australian Capital Territory

In February 2002, the Government of the Australian Capital Territory (ACT) and the Aboriginal and Torres Strait Islander Commission (ATSIC) signed a statement of intent committing both parties to work together to improve public policy and program outcomes for Aboriginal and Torres Strait Islander peoples in the Australian Capital Territory.

The parties have agreed to negotiate a partnership agreement (Regional Agreement) aimed at improving outcomes in the following key priority areas:

The development of the Regional Agreement will be preceded by a planning process involving the ATSIC Queanbeyan Regional Council and all relevant ACT Government agencies and advisory bodies. The Regional Agreement is intended to:

New South Wales

On 2 November 2002, the New South Wales Government, ATSIC and the New South Wales Aboriginal Land Council entered into the NSW Service Delivery Partnership Agreement.

The purpose of the agreement is to improve the social, economic and cultural outcomes for Aboriginal and Torres Strait Islander peoples in NSW through greater coordination of, and collaboration between the NSW Government, ATSIC and NSW Aboriginal Land Council. The agreement focuses on improving existing structures, relationships and governance, in order to achieve better outcomes for Aboriginal and Torres Strait Islander peoples in NSW.

It aims to ensure that Aboriginal and Torres Strait Islander peoples have the capacity to play a lead role in setting directions and developing solutions and approaches to address issues affecting Aboriginal and Torres Strait Islander communities.

Complementing this overall vision, the agreement has established the following as priorities for the next three years:

A key priority area of the partnership agreement is facilitating statewide partnerships between the parties in specific program and service areas. Some examples of statewide partnerships in specific program areas already exist, for example:

Another key priority area is strengthening community governance by encouraging and facilitating community representative structures. Currently, the parties to the agreement are co-operating on the development of the Community Working Party model that was introduced with the Aboriginal Communities Development Program. The Attorney-General, through the NSW Aboriginal Justice Advisory Group, is currently establishing Community Justice Groups throughout NSW. These groups will provide support and work collaboratively with the criminal justice system and communities to address justice matters impacting on the community. ATSIC (Murdi Paaki region) is presently developing a resource package to guide the establishment and operation of Community Working Parties.

The partnership also recognises the importance of providing active support to Aboriginal and Torres Strait Islander-owned businesses. It seeks to ensure that parties will actively collaborate on a variety of economic development initiatives aimed to improve the long-term sustainability of community service sector enterprises and Aboriginal and Torres Strait Islander-owned businesses. The proposed outcome is to increase the range and long term sustainability of Aboriginal and Torres Strait Islander owned businesses and service providers.

The partnership will focus on improved accountability of service delivery and outcomes for Aboriginal and Torres Strait Islander peoples. The parties have agreed to develop an annual statewide statistical report designed to monitor changes in outcomes related to the programs and services for Aboriginal and Torres Strait Islander peoples in NSW. The Report will comprise indicators which are consistent with national approaches to reporting on outcomes for Aboriginal and Torres Strait Islander peoples.

Other recent examples of partnerships and agreement-making in NSW include:

Northern Territory

In July 2002 the Northern Territory Government signed the 1997 Outcomes statement for the Ministerial Summit on Indigenous Deaths in Custody at the Standing Council of Attorneys-General. The agreement was previously signed by all state and territories as part of the 1997 Ministerial Summit on Indigenous Deaths in Custody.

The communiqué commits the Government to work in partnership with peak Indigenous organisations and communities through the development of an Aboriginal justice plan to reduce over-representation in the criminal justice system. The justice action plan is to address the following objectives:

As part of the Communique's commitment to addressing underlying social, economic and cultural issues, the NT Government is seeking to develop good governance and community capacity in Indigenous communities, as well as economic partnerships with Indigenous people. To this end, the Government has recently announced the following initiatives:

In response to the Communique's requirement that all governments look at the role of customary law, the NT Government has established an inquiry titled 'Toward Mutual Benefit - An inquiry into Aboriginal Customary Law in the Northern Territory'. The Inquiry has been asked to inquire into the strength of Aboriginal customary law in the Northern Territory and to report and make recommendations on:

Queensland

The overarching framework for addressing Indigenous issues in Queensland is the Ten Year Partnership. It commits the Government to work with Aboriginal and Torres Strait Islander peoples to improve standards of living over the next ten years. The partnership is being implemented through the Department of Aboriginal and Torres Strait Islander Policy (DATSIP) and the Aboriginal and Torres Strait Islander Advisory Board (ATSIAB).

The Queensland Government has given a commitment to coordinating its activities more effectively as well as put in place ways of measuring progress. This aims to reduce duplication and confusion for Aboriginal and Torres Strait Islander communities in dealing with a variety of different government departments.

Under the partnership, there are eight key areas to be addressed. These include:

Eight working groups and a senior level steering committee have been formed to work on the Ten Year Partnership and its key areas. Under the partnership the following state-level agreements are nearing finalisation:

These partnerships are being achieved through the use of local and regional negotiation tables that form the primary interface between communities and Government. Currently there are four negotiation tables which are being processed. There are three local tables at Doomadgee, St George and Sarina. A regional-level table is being progressed in the Torres Strait in relation to justice.

The Department, along with ATSIAB and in conjunction with the Queensland Treasury and the Department of Premier and Cabinet, has developed a draft whole-of-government performance management framework for the Ten Year Partnership. This remains consistent with the performance framework prepared by the Ministerial Council for Aboriginal and Torres Strait Islander Affairs, and the Council of Australian Governments' Reconciliation Framework.

South Australia

An agreement was reached between the Government of South Australia and the Aboriginal and Torres Strait Islander Commission in December 2001. This commits the parties to improving conditions for Aboriginal and Torres Strait Islander peoples in the areas of:

The partnership agreement focuses on a whole-of-government approach to improving condition for Aboriginal and Torres Strait Islander peoples in a wide range of critical areas. The agreement is being implemented in a coordinated and integrated approach to policy processes and service delivery.

The South Australian Department of State Aboriginal Affairs (DOSAA) will play a monitoring role to ensure that improved community capacity for the management and administration of economic and social development is achieved through the partnership agreement.

The Whole-of-Government Reconciliation Implementation Reference Committee has been established to develop and implement practical initiatives across Government, with particular attention to improving the health, wellbeing and quality of life for Aboriginal people in South Australia. Recognising the importance of reconciliation, the Committee also has the role of overseeing, coordinating and monitoring each government agency to ensure that reconciliation forms an integral part of their strategic planning process.

Under the 1997 State/ATSIC Essential Services Agreement, the state Government maintains water, power and sewerage systems in eighteen Aboriginal communities in South Australia through DOSAA.

Strong emphasis is placed on the need for improved access to essential services in regional and remote Aboriginal communities in South Australia. Recent reforms to the level of regulatory advice in the areas of electricity, water supplies and sewerage disposal are ways in which the Government is furthering this commitment. It is envisaged that the reforms will provide a high level of reliability, safety and quality of electrical supplies to Aboriginal communities.

On 15 February 2002, ATSIC conducted a review into the current agreement entitled 'Aboriginal and Torres Strait Islander Commission - Review of Essential and Municipal Infrastructure Service Provision to Indigenous Communities in South Australia'. As a result, a working party of interested stakeholders has been formed to progress a bilateral renegotiation for a new essential services agreement.

In September 2001, members of the Ministerial Forum for the Prevention of Domestic Violence, the ATSIC Commissioner for South Australia, and key non-government agencies including the South Australian Council of Aboriginal Elders and the Aboriginal Women's Statewide Advisory Council signed off a document entitled 'Rekindling Family Relationships - Framework for Action 2001-2006'.

The Framework aims to develop a collaborative process to support and monitor the implementation of the National Indigenous Family Violence Strategy adopted by the Ministerial Council for Aboriginal and Torres Strait Islander Affairs.

The Framework links with and builds upon mainstream strategies including the State Collaborative Approach, the National Indigenous Family Violence Strategy, the South Australian Drug Strategic Framework, the Criminal Justice Strategic Framework and the State Strategy for Stopping Violent Behaviour.

It will develop and implement local community violence action plans, through consultation with Aboriginal communities. It aims to develop a whole-of-government approach to addressing this issue, with emphasis on community ownership of family violence strategies.

Recently in June 2002, a regional forum was held at Ceduna and Kooniba Aboriginal communities to develop local action plans to combat family violence. The plan allows for the local community to develop specific initiatives to address family violence in their own region. As follow-on, local agencies will then implement the recommendations contained within the action plan, which will reflect issues of priority for that area.

Tasmania

On 14 November 2001 ATSIC Chair Geoff Clark and the Tasmanian Premier, Mr Jim Bacon, and signed a communique which will form the basis of a partnership agreement to further strengthen and improve the economic, social and cultural outcomes for the state's Aboriginal population. The new partnership between the state Government and Aboriginal peoples in Tasmania is to be based on a multi-agency approach to achieving improved outcomes in identified priority areas such as education, health and well being, economic development and employment, and community consultation. Key principles for the partnership include:

Other Guiding Principles include:

To ensure the aspirations of the Aboriginal community in Tasmania are being addressed, the Board of Commissioners and the Tasmanian Government agree to establish a broad consultation process within the state's Aboriginal community on the issues covered by the partnership agreement. The process will also allow other issues - such as Aboriginal heritage and culture, land management and resource management - to be progressed. In addition, ATSIC and the state Government will look at ways in which the Aboriginal community can be more closely involved in government decision-making processes on issues that affect them.

To ensure that the partnership agreement achieves agreed objectives, it is important that progress be monitored against key performance indicators that will be developed during the detailed negotiation of the agreement. On completion, the agreement will contain provision for periodic review.

Torres Strait

In February 1999 the Torres Strait Regional Authority, Queensland Health and the Commonwealth Department of Health and Aged Care signed the Torres Strait Health Framework Agreement to improve health outcomes for the residents of the Torres Strait and Northern Peninsula Area (Torres Strait).

Key issues and goals include:

The Torres Strait Housing and Infrastructure Agreement was developed between the Commonwealth Government, the Queensland Government, the Torres Strait Regional Authority and the Island Coordinating Council in order to maximise the housing and related infrastructure outcomes, and through these, improve environmental health outcomes for Torres Strait Islander and Aboriginal peoples in the Torres Strait region of Queensland. Related outcomes include: effective planning and coordination; economic development strategies; increased efficiency of delivery of housing and infrastructure assistance; increased home ownership; programs for ongoing management; greater public accountability standards; and increased Torres Strait Islander and Aboriginal involvement.

The following principles underpin this agreement:

Victoria

On 22 June 2000 the Victorian Government and ATSIC signed a communiqué agreeing to the following principles:

The meeting agreed on a number of specific initiatives that have been generated through mutual agreement of Aboriginal Affairs Victoria, the Chairperson of Binjirru and Tumbukka Regional Councils and the ATSIC Commissioner for Victoria:

In addition to these initiatives the Victorian Government and ATSIC agreed to coordinate their efforts in the following areas:

Over the past five years, the Victorian Government has developed a range of large scale departmental and sectoral Indigenous affairs strategies, based on a 'whole of department' coordination model, which have been developed through a partnership approach focused on increasing Indigenous involvement in decision-making at all levels of government.

The partnership approach adopted above has been extended in most cases to the development of agreements between Government and the Indigenous community that:

The Premier of Victoria has assumed the role of Minister for Reconciliation and is responsible for coordinating a government-wide approach to advancing the national Reconciliation agenda. The Social Policy Branch of the Department of Premier and Cabinet co-ordinates a range of activities that are designed to promote Reconciliation.

Reconciliation between Indigenous and non-Indigenous Victorians is also listed as one of the state's ten key challenges in Growing Victoria Together, the Victoria Government's vision and key statement of priorities for the next decade. This is to ensure that all departments are held accountable for contributing to and improving outcomes in Victorian Indigenous communities.

Other examples of agreement-making and partnerships at a state department level are:

Aboriginal Affairs Victoria (AAV) seeks to improve Indigenous wellbeing through partnerships to achieve Indigenous aspirations for land, culture, heritage, family and community using a 'whole-of-government' approach to the provision of services and policy development.

These include:

Yalca: A Partnership in Education and Training for the New Millennium, Koori Education Policy 2001: This Department of Education document was launched by the Premier in October 2001. Yalca involves the Victorian Aboriginal Education Association Incorporated (VAEAI) and IT networks of Local Aboriginal Education Consultative Groups (LAECGs). It contains six major objectives:

The Victorian Aboriginal Justice Agreement, launched by the Department of Justice, represents Victoria's commitment to implementing the 1997 resolution of Commonwealth, state, and territory Ministers to develop jurisdictional plans aimed at enhancing existing responses to the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

It is an ongoing policy initiative, containing approximately sixty initiatives and nine core principles, which was developed in true partnership with Koori communities from across Victoria. Communities participated at all stages of the Agreement's development with key stakeholders of the Justice Portfolio.

This ongoing partnership is reflected in the Aboriginal Justice Forum, where senior members of the Koori communities sit with the most senior Victorian Government agency representatives in monitoring, evaluating and steering the implementation of the Justice Agreement.

Indigenous Partnership Strategy: In September 2000, Department of Natural Resources and Energy (NRE) established a framework against which the Department could assess its current relationship with Victorian Indigenous communities; and which it could use as a set of overarching guidelines in the development and delivery of services to Indigenous people. NRE recognises that Victorian Indigenous communities, as the traditional custodians of Victoria's land and waters have a fundamental management role in Victoria's natural resources.

In developing and implementing its policies, programs and services NRE will:

The draft Indigenous Partnership Strategy outlines eight key strategic initiatives: Cultural Awareness; Community Partnerships; Capacity Building; Cultural Heritage, Land and Natural Resource Management; Indigenous Employment; Economic Development; Communication; and Community Profiling.

Western Australia

The Statement of commitment to a new and just relationship between the Government of Western Australia and Aboriginal Western Australians is a partnership agreement supported by the following bodies:

The purpose of the statement is to agree on a set of principles and a process for the parties to negotiate a statewide framework that can facilitate negotiated agreements at the local and regional level.

The partnership aims to enhance negotiated outcomes that protect and respect the inherent rights of Aboriginal peoples and to significantly improve the health, education, living standards, and wealth of Aboriginal peoples.

The parties commit themselves to the following principles in pursuit of these objectives:

All parties agree that the most effective approach to translating the principles into meaningful action and outcomes is by way of regional agreements, based on partnerships.

The parties agree that between Aboriginal peoples and the Western Australian Government there will be negotiated partnerships which are:

The Partnership Framework will incorporate and be informed by individual agreements in the health, housing, essential services, native title, justice and other issues that impact on Aboriginal peoples in the state.

It will address:


1 For an overview of recent partnerships between Indigenous organisations and local governments see Ross, J, 'Address by the Australian Local Government Association', ATSIC National Treaty Conference, 28 August 2002, online at: www.treatynow.org/conference.asp.

19 March 2003.