Social Justice Report 1998 : Appendix 4: Summary of Governments' Responses to Recommendations

Review government responses to the Bringing Them Home Inquiry recommendations in the Social Justice Report 1998 summary, including analysis of individual

Summary

This table provides a collective overview of the responses made by governments to the Inquiry's Recommendations. Analysis of government responses together with details of individual government initiatives, where they are known, are provided in the body of the Implementation Report.

Social Justice Report 1998

Back to Contents

Appendix 4: Summary of Governments' Responses to Recommendations

NO.	RECOMMENDATION	STATUS OF GOVERNMENTS' RESPONSES TO RECOMMENDATIONS
1.	Recording Testimonies	No COAG determination. $1.6 million over 4 years from the Commonwealth to the National Library to run an oral history project. States and territories back national approach; minimal states and territories action, though individual funding available in Qld.
2a.	Procedure for Implementation - COAG working party	Not implemented.
2b.	Procedure for Implementation - est. Audit Unit in HREOC	Not implemented.
2c.	Procedure for Implementation - ATSIC funding of peak Indigenous organisations.	Not implemented.
2d.	Procedure for Implementation - reporting obligations to Audit Unit	Not implemented.
3.	Components of Reparations	Need to apologise accepted by most Governments; no support for monetary compensation - 'watching brief' adopted in respect of ongoing litigation.
4.	Claimants - reparation for those who suffered	As above.
5a.	Acknowledgment and Apology: Parliaments	By all except Commonwealth and Northern Territory.
5b.	Acknowledgment and Apology: Police Forces	Only in NSW.
6.	Acknowledgment and Apology: Churches and Others	All churches have done so; indeterminate in respect of relevant NGOs.
7a.	Commemoration - 'Sorry Day'	Marked on 26 May ߎ undecided whether to be annual.
8a.	School Education - compulsory courses on history of stolen generations	Indigenous issues courses are compulsory only in NSW, SA, and TAS.
8b.	School Education - AIATSIS	Not implemented.
9a.	Professional Training - professional bodies	No national action; considered best left to peak bodies themselves.
9b.	Professional Training - under-graduates	Already instituted in some jurisdictions; for tertiary institutions to decide.
10.	Implementation of Genocide Convention	Not implemented. Commonwealth claims no genocide occurred, therefore no need to implement the Convention.
11.	Assistance to Return to Country	Not directly implemented. Limited indirect implementation under Recs 12(a) and (b) below.
12a.	Language, Culture and History Centres - national	Commonwealth: $9 million over 4 years to be provided through ATSIC (no 'new' money provided).
12b.	Language, Culture and History Centres - local	Few state and territory initiatives; reliance on Commonwealth.
13.	Indigenous Identification by Link-Ups and ACCAs	It is already generally the case that such organisations are empowered to certify Indigenous descent. However, verifying claims is very resource-intensive and not the primary function of these bodies.
14.	Heads of Damage	No monetary compensation provided by any Government.
15.	National Compensation Fund	Not implemented.
16a.	National Compensation Fund Board - establishment	Not implemented.
16b.	National Compensation Fund Board - composition	Not implemented.
17.	Procedural Principles	Not implemented.
18.	Minimum Lump Sum	Not implemented.
19.	Proof of Particular Harm	Not implemented.
20.	Civil Claims	A no. of civil claims currently being pursued in NSW and Federal Court. Litigation contemplated in WA.
21.	Destruction of Records Prohibited	Varies across jurisdictions; most agree to some limitation.
22a.	Record Preservation - indexing	$2.0 million over 4 years provided by the Commonwealth to NAA; patchy provision in states and territories.
22b.	Record Preservation - finding aids	Commonwealth: as above; provided in Qld, Vic & NT.
23.	Joint Records taskforces	Instituted in most jurisdictions.
24.	Interstate Enquiries	No formal implementation; apparently informal exchanges operate.
25.	Minimum Access Standards	Not implemented; but certain standards in place in some jurisdictions (eg Qld & NT); no fees or minimal fees across jurisdictions.
26.	FOI Legislation in the N. T.	Not implemented. No plans to do so.
27.	Indigenous Family Information Service	'Family stop shop' not generally instituted; is often (sometimes unavoidable) need to direct applicants elsewhere.
28.	Training	Specifically provided for in Vic.; recognised as a need in Qld.
29a.	Indigenous Repositories	Not implemented; though Vic and Qld have sound links with NGO repositories and/or provide record keeping services to NGOs.
29b.	Indigenous Repositories	Not implemented.
30a.	Establishment of Family Tracing and Reunion Services	Not implemented at the local level. Envisaged. Where they exist, Link-Up organisations perform this role at state and territory level (eg NSW & Qld).
30b.	Establishment of Family Tracing and Reunion Services - functions	Partial implementation. Some of the 14 functions listed are undertaken by Link-Ups; funding in all cases is adequate to provide all or most of these functions.
31a.	Return of those Removed Overseas - special visa	Commonwealth claims already provided for.
31b.	Return of those Removed Overseas - citizenship	Commonwealth claims already provided for.
31c.	Return of those Removed Overseas - enactment of Commonwealth legislation	Commonwealth legislation enacted: International Transfer of Prisoners Act 1997.
32.	Research	Commonwealth provision of $5.9 million to Dept of Health and Family Services - research underway.
33a.	Indigenous Well-Being Model	Sentiment supported; indeterminate action taken by all governments.
33b.	Indigenous Well-Being Model - funding to Indigenous community-based services	Indeterminate, but certainly not all funding so directed. It is yet unclear precisely how the Commonwealth's new regional health centres will be structured and where the 50 new health counsellors will be located.
33c.	Indigenous Well-Being Model - specialist mental health services	Expansion of Commonwealth regional health centres (from 11 to 14: 3 new centres in NSW, Qld & WA - $17.25million over 4 years; 50 new counsellors to be engaged by Commonwealth ($16 million over 4 years).
34a.	Health Professional Training	Not implemented.
34b.	Health Professional Training	Not implemented, though some such training provided in individual institutions and courses.
35.	Mental Health Worker Training	Indeterminate.
36.	Parenting Skills	Not implemented through COAG; Commonwealth Dept of Health is funding research into Aboriginal parenting models.
37.	Prisoner Services	Not implemented through COAG.
38a.	Private Collections	Not implemented, though some transfers have occurred (eg Victoria) as well as access being otherwise provided through state or territory provisions (eg NSW).
38b.	Private Collections	Partial implementation: governments providing assistance to private bodies to different degrees and in various forms.
38c.	Private Collections	Sporadic implementation.
39.	Application of minimum Standards and Common Guidelines	Not implemented.
40a.	Counselling Services - Churches and NGOs	Not implemented except indirectly in so far as access (and therefore subsequent counselling if available) is obtained through public procedures.
40b.	Counselling Services - Churches and NGOs	Uncertain of extent.
41.	Land Holdings	Not implemented.
42.	Social Justice	Procedure to develop social justice package not implemented. Pursing implementation RCADIC Recs ongoing.
43a.	Self-Determination - national framework legislation	Not implemented. Actively rejected by Commonwealth, Qld & Vic.
43b.	Self-Determination - national framework legislation, principles	Not implemented.
43c.	Self-Determination - negotiations on transfer of authority	In place in certain programs across jurisdictions.
44.	National Standards for Indigenous Children	Not implemented. Actively rejected by Commonwealth, Qld & Vic.
45a.	National Standards for Indigenous Children Under State, Territory or Shared Jurisdiction	Not implemented.
45b.	National Standards for Indigenous Children Under State, Territory or shared Jurisdiction	Not implemented.
46a.	Standard 1: Best Interest of the Child Factors	Not implemented; though principle is applied in Australian family law.
46b.	Standard 1: Best Interest of the Child Factors - criteria	Not directly implemented. The criteria indicated, however, are contained within the ACPP which, to varying degrees, is implemented in each jurisdiction.
47.	Standard 2: When Best Interests are Paramount	Not directly implemented, though the various child welfare and care and protection laws & policies across Australia address the issue to different extents.
48.	Standard 3: When Other Factors Apply	Not directly implemented. The mandatory sentencing laws in WA & NT contradict this Recommendation.
49.	Standard 4: Involvement of Accredited Indigenous Organisations	Not implemented. Though obligatory involvement not instituted, optional and/or discretionary provision usually made.
50.	Standard 5: Judicial Decision-Making - representation in court	Not implemented. Though legal representation of Indigenous children in family, care & protection and juvenile justice often provided or made available.
51a.	Standard 6: Indigenous Child Placement Principle	Statutory in NSW, NT, SA, Tas, & Vic; broadly implemented across all jurisdictions.
51b.	Standard 6: Indigenous Child Placement Principle	As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions.
51c.	Standard 6: Indigenous Child Placement Principle	As above; excepting minor differences, broadly implemented across all jurisdictions.
51d.	Standard 6: Indigenous Child Placement Principle	As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions.
51e.	Standard 6: Indigenous Child Placement Principle	As above; excepting minor differences, Placement Principle broadly implemented across all jurisdictions.
52.	Standard 7: Adoption a Last Resort	Broadly implemented.
53a.	Standard 8: Juvenile Justice	Not implemented.
53b.	Standard 8: Juvenile Justice Rules	Many considered already to be in place within individual jurisdictions. Query mandatory sentencing laws in NT & WA.
54.	Family Law	Not implemented.

NO.

RECOMMENDATION

STATUS OF GOVERNMENTS' RESPONSES TO RECOMMENDATIONS

Recording Testimonies

2a.

Procedure for Implementation - COAG working party

2b.

Procedure for Implementation - est. Audit Unit in HREOC

2c.

Procedure for Implementation - ATSIC funding of peak Indigenous organisations.

2d.

Procedure for Implementation - reporting obligations to Audit Unit

Components of Reparations

Claimants - reparation for those who suffered

5a.

Acknowledgment and Apology: Parliaments

5b.

Acknowledgment and Apology: Police Forces

Acknowledgment and Apology: Churches and Others

7a.

Commemoration - 'Sorry Day'

8a.

School Education - compulsory courses on history of stolen generations

8b.

School Education - AIATSIS

9a.

Professional Training - professional bodies

9b.

Professional Training - under-graduates

10.

Implementation of Genocide Convention

11.

Assistance to Return to Country

12a.

Language, Culture and History Centres - national

12b.

Language, Culture and History Centres - local

13.

Indigenous Identification by Link-Ups and ACCAs

14.

Heads of Damage

15.

National Compensation Fund

16a.

National Compensation Fund Board - establishment

16b.

National Compensation Fund Board - composition

17.

Procedural Principles

18.

Minimum Lump Sum

19.

Proof of Particular Harm

20.

Civil Claims

21.

Destruction of Records Prohibited

22a.

Record Preservation - indexing

22b.

Record Preservation - finding aids

23.

Joint Records taskforces

24.

Interstate Enquiries

25.

Minimum Access Standards

26.

FOI Legislation in the N.T.

27.

Indigenous Family Information Service

28.

Training

29a.

Indigenous Repositories

29b.

Indigenous Repositories

30a.

Establishment of Family Tracing and Reunion Services

30b.

Establishment of Family Tracing and Reunion Services - functions

31a.

Return of those Removed Overseas - special visa

31b.

Return of those Removed Overseas - citizenship

31c.

Return of those Removed Overseas - enactment of Commonwealth legislation

32.

Research

33a.

Indigenous Well-Being Model

33b.

Indigenous Well-Being Model - funding to Indigenous community-based services

33c.

Indigenous Well-Being Model - specialist mental health services

34a.

Health Professional Training

34b.

Health Professional Training

35.

Mental Health Worker Training

36.

Parenting Skills

37.

Prisoner Services

38a.

Private Collections

38b.

Private Collections

38c.

Private Collections

39.

Application of minimum Standards and Common Guidelines

40a.

Counselling Services - Churches and NGOs

40b.

Counselling Services - Churches and NGOs

41.

Land Holdings

42.

Social Justice

43a.

Self-Determination - national framework legislation

43b.

Self-Determination - national framework legislation, principles

43c.

Self-Determination - negotiations on transfer of authority

44.

National Standards for Indigenous Children

45a.

National Standards for Indigenous Children Under State, Territory or Shared Jurisdiction

45b.

National Standards for Indigenous Children Under State, Territory or shared Jurisdiction

46a.

Standard 1: Best Interest of the Child Factors

46b.

Standard 1: Best Interest of the Child Factors - criteria

47.

Standard 2: When Best Interests are Paramount

48.

Standard 3: When Other Factors Apply

49.

Standard 4: Involvement of Accredited Indigenous Organisations

50.

Standard 5: Judicial Decision-Making - representation in court

51a.