Informing The Agenda Consultations

On 3 April 2024, Ms Katie Kiss, a proud Kaanju and Birri/Widi woman, commenced a five-year term as the Aboriginal and Torres Strait Islander Social Justice Commissioner (the Social Justice Commissioner), at the Australian Human Rights Commission (the Commission).

Created in 1992 in response to the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), and the National Inquiry into Racist Violence, the Office of the Social Justice Commissioner, is one of eight independent Statutory Office Holders at the Commission established by the Australian Human Rights Commission Act 1986 (the Act). Others include:

• Commission President
• Human Rights Commissioner
• Race Discrimination Commissioner
• Sex Discrimination Commissioner
• Age Discrimination Commissioner
• Disability Discrimination Commissioner
• National Children’s Commissioner.

The functions of the Social Justice Commissioner, outlined at s46C of the Act, are:

• to promote the discussion and awareness of human rights in relation to Aboriginal persons and Torres Strait Islanders
• to undertake research and educational programs, and other programs, for the purpose of promoting respect for the human rights of Aboriginal persons and Torres Strait Islanders and promoting the enjoyment and exercise of human rights by Aboriginal persons and Torres Strait Islanders
• to examine enactments, and proposed enactments, for the purpose of ascertaining whether they recognise and protect the human rights of Aboriginal persons and Torres Strait Islanders, and to report to the Minister the results of any such examination.

In addition, the Social Justice Commissioner also has a responsibility under the Native Title Act 1993, (s209) to report to the Commonwealth Minister (the federal Attorney-General) about the operation of the Native Title Act and its effect on the exercise and enjoyment of human rights of Aboriginal persons and Torres Strait Islanders.

Katie Kiss | Aboriginal and Torres Strait Islander Social Justice Commissioner

As I embark on my five-year term, I am seeking the views of First Nations people and communities, and the broader community to inform my term agenda.

Over the last half a century we have been part of key moments in time, the 1967 Referendum, the Royal Commission into Aboriginal Deaths in Custody, the Bringing them Home National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, the Koowarta Land Rights and Mabo High Court decisions, the Apology to the Stolen Generations, and most recently the dialogue to progress Voice, Treaty and Truth.

While efforts to enshrine a First Nations Voice to Parliament in the Australian Constitute were unsuccessful, the process itself exposed the unfinished business between First nations peoples and the Australian community. The Voice Referendum debate reinforced the experience of First Nations Peoples, that the hurtful and harmful impacts of colonisation are intergenerational, ongoing and entrenched in the social fabric of the Australian nation.

It also highlighted the need for a reframed, respectful and reconciled relationship that is grounded in truth, justice and healing, for First Nations People and the Australian nation. A relationship that build’s a “village” capable of transcending the political and social division and disunity stoked in the lead-up to the referendum, and that creates the conditions necessary for all Australians to enjoy the opportunities our country has to offer. This includes galvanising the more than 6 million Australian’s who support First Nations rights to self-determination and to participate in decisions that affect us.

To inform the agenda for my term, I want to hear from our people about:

• the issues they feel are most urgently in need of attention
• what our communities need to access and utilise rights mechanisms
• the Social Justice Commissioners’ role, and how this role can best work with your communities.

I also want to hear what community-led programs and initiatives are working so that we can keep building on these things, and how enabling environments help us secure these efforts into the future.

As a starting point, six high-level goals have been identified to frame the work of the Social Justice Commissioner. These are:

1. To promote the implementation of the United Nations Declaration on the Rights of Indigenous Peoples

A key focus for this goal will be to raise awareness and build capacity of First Nations people to use the Declaration to advocate for their rights and hold governments and service providers accountable to their responsibilities.

The Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs made six recommendations in its report on the Inquiry into the Application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia. Among them is to design and implement a national plan to progress the Declaration. As outlined above, the Social Justice Commissioner intends to engage governments with a view to progressing this as soon as possible.

2. To provide advocacy and guidance on the implementation of the three pillars of the Uluru Statement from the Heart—Voice, Treaty, Truth

The three pillars of the Uluru Statement from the Heart - Voice, Treaty, Truth - are no less relevant today than they were before the Voice to Parliament Referendum. All are necessary to advance the rights and recognition of First Nations.

In the lead up to the Voice to Parliament Referendum political and media narratives promoting mis and disinformation created division and disunity amongst Aboriginal and Torres Strait Islander Peoples, and further strained the relationship between First Nations Peoples and the broader population.

We need all governments to be promoting a reframed relationship that is grounded in Truth, Justice, and Healing, if we are to progress improved outcomes for First Nations Peoples. This is even more important since the Voice to Parliament Referendum outcome, which has seen marked rise in the experience of racism by First Nations people.

This will also require the political will of governments and elected representatives to engage in a national approach to truth-telling and agreement making that results in the tangible, practical outcomes that we are all aspiring to.

3. To increase Access to Justice for First Nations communities

The concept of ‘justice’ in its traditional sense is supposed to be positive. However, Aboriginal and Torres Strait Islander people’s experience mostly features criminal justice or youth justice systems – which have been the opposite.

We need to move beyond building up ever greater piles of inquiries, reports, and recommendations into a space of greater accountability and evidence-based policy and action.

This includes addressing the unfinished business of implementing the recommendations of the Royal Commission into Aboriginal Deaths in Custody, the Bringing them Home Report, Productivity Commission Reports, and 30 years of Social Justice and Native Title Reports.

Given the national focus on Youth Justice, changing the narrative and approach in this space will be a key focus for the Social Justice Commissioners’ term, and critical to changing the unacceptable rise in numbers of children in detention nationally.

The Social Justice Commissioner hopes to work closely with her colleague, the National Children’s Commissioner, as well as the soon to be appointed National Aboriginal and Torres Strait Islander Children’s Commissioner and those in the States and Territories. The Commissioner/s aim is to move the debate from one where Aboriginal and Torres Strait Islander Peoples are the problem, to one that highlights their capacity to lead the response, treat Aboriginal and Torres Strait Islander Peoples with dignity, and nurture and develop their children rather than punishing them for circumstances out of their control.

4. To support the realisation of First Nations health equality

The Social Justice Commissioner is particularly interested in progressing Priority Reform 3 under the National Agreement on Closing the Gap, that is focused on transforming government.

Ongoing national crises in cost of living, housing, domestic and family violence, mental health, child safety and youth justice, have amplified the need for system reform that ensures the rights of all communities.

Systemic racism and structural disadvantage exacerbate these system failures for Aboriginal and Torres Strait Islander Peoples, so transforming government, and consequently ‘the system’ is critical to closing the gap and achieving better outcomes for First Nations Peoples.

If we are to see progress against the targets and the rights outlined in the Declaration on the Rights of Indigenous Peoples, governments need to create systems that promote self-determination, respond to the priorities identified by First Nations people, and work with First Nations community-controlled organisations.

5. To provide advocacy and guidance to progress Land Justice Reform

This includes providing guidance on native title system reform and the reform of connected regimes such as cultural heritage, environmental management, climate change, leveraging the social, cultural, and economic benefits and opportunities from our lands, and engaging with newly established or establishing treaty arrangements.

6. To build the capacity of the First Nations Human Rights Network

This will involve working with young people, and First Nations senior experienced people to build a connected and future-focused leadership capability. This includes learning from Elders, and increasing advocates’ knowledge of human rights so that Aboriginal and Torres Strait Islander people can effectively use the international human rights framework to progress and realise Indigenous rights here at home.

We look forward to hearing your views on these initial priorities, and working with you and your communities to progress the work of the Social Justice Commissioner over the coming five years.

If at any stage during this project you become distressed or require additional support from someone not involved in the project, please see the following support services: