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Indigenous imprisonment rates in Australia are unacceptably high. Nationally, Indigenous adults are 13 times more likely to be imprisoned than non-Indigenous people[1] and Indigenous juveniles are 28 times more likely to be placed in juvenile detention than their non-Indigenous counterparts.[2]

Family violence and abuse occurs at unacceptable rates in Aboriginal and Torres Strait Islander (Indigenous) communities. We have heard many tragic stories of women, children and young people who have experienced devastating sexual abuse and family violence. It is a scourge that is causing damage and trauma among Indigenous communities, to our women and children, and to the fabric of Indigenous cultures.

a) Rates of incarceration of Indigenous women b) Recidivism rates among Indigenous women c) Types of crime committed by Indigenous women d) Over-policing e) Sentencing patterns for Indigenous women f) Characteristics of Indigenous women who are imprisoned

In 2006 the Secretary of the Department of Prime Minister and Cabinet made a revealing statement about Indigenous affairs. He argued that his own government’s policy performance in the Indigenous portfolio had been a failure. He went further to say that while well intentioned, the policies and approaches of the past 30 years had contributed to poor outcomes for Indigenous people.

The first twelve months of the federal government's new arrangements for the administration of Indigenous affairs has ended. The primary focus of this period has been on abolishing the Aboriginal and Torres Strait Islander Commission (ATSIC) and creating new processes to engage with local Indigenous communities and coordinate mainstream delivery of services to Aboriginal and Torres Strait Islander peoples. Twelve months on, the new arrangements remain in a transitional phase. It will be a number of years before they are fully locked into place.

During these ten years, thousands of individuals and organisations have used the DDA to create change, either by making complaints of discrimination, using the law as a basis for negotiating broad social change or educating organisations on their responsibilities.

When I commenced writing this chapter in 2008, Australia did not have a national Indigenous languages policy. However in August 2009, for the first time in Australia’s history, the Commonwealth Government launched a strategy for preserving Indigenous languages: Indigenous Languages - A National Approach 2009 (National Approach). The National Approach sets out the Commonwealth Government’s plan to preserve Indigenous languages through targeted actions. They are:

“The discussion about a new National Representative Body is about our place at the table in making the decisions that impact on our communities, on our men, our women and our children.

a) Ngaanyatjarra Regional Partnership Agreement. b) Murdi Paaki Regional Assembly c) Post-ATSIC regional representation for Torres Strait Islanders on the mainland

During the 2004 reporting period I have embarked on a series of consultations focusing on the ideas and principles that were contained in a Discussion Paper, released by my predecessor as Social Justice Commissioner in June 2003. The Discussion Paper was entitled Promoting Economic and Social Development through Native Title (at Annexure 1). This chapter seeks to record and develop the ideas and discussions that were generated in the consultation process. 1

The twin pillars of the government's approach to Indigenous policy in 2003 continued to be practical reconciliation, with its emphasis on service delivery in core areas of disadvantage, and mutual obligation, with its emphasis on reciprocity and individual responsibility. Through both of these policies, the government has identified moving Indigenous people beyond welfare dependency and enabling Indigenous participation in program delivery and design as key features of its approach.

Part D of the paper focuses on how a paid maternity leave scheme would actually operate were it to be introduced in Australia. The emphasis, as in the rest of the paper, is on the feedback that HREOC has received through submissions and consultations. Each Chapter canvases the views that were expressed in relation to each component of a national paid maternity leave scheme.