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For Aboriginal and Torres Strait Islander peoples, agreement-making can be an expression of free, prior and informed consent and the beginning of cooperative relationships with governments and other parties.

As I reflect on the events that have taken place during the reporting period from 1 July 2010 to 30 June 2011, I see cause for optimism whilst also acknowledging there are still some areas that remain a concern. Over the last year we have reached some major milestones. For instance, we have seen the election of the two co-chairs and a board to the National Congress of Australia’s First Peoples (National Congress), and we are also now engaged in a conversation with the Australian people about how we go about recognising Aboriginal and Torres Strait Islander peoples in our Constitution.

During the reporting period, Australian governments continued to develop tenure reform policies for Indigenous land. Governments frequently describe these policies as a means of promoting home ownership and economic development on Indigenous land. The reality is not so simple.

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.

[1] The full text of the Bilateral Agreement is available online at: http://www.dia.wa.gov.au/Publications/Files/Bilateral_Agreement.pdf, accessed 24 January 2008. [2] Andrews, K., (Minister for Employment and Workplace Relations), CDEP 2006-07 To Build On Success, Media Release, 1 July 2006. [3] Bishop, J., (Minister for Education, Science and Training), Early childhood focus for Indigenous education, Media Release, 7 July 2006, available online at: http://www.dest.gov.au/Ministers/Media/Bishop/2006/07/B001070706.asp, accessed 24 January 2008.

The strong, vibrant and committed Noongar peoples of the South West corner of Australia had their native title determination over Perth returned to square one. The Full Federal Court found that the first judge had made a number of errors in his decision and have sent the case back for consideration by a new judge, leaving the Noongar peoples uncertain about the future of their rights over the land. This is despite the Western Australian government openly acknowledging the Noongar peoples as the Traditional Owners of the land.

This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the visits, and on discussions with staff and immigration detainees.

A century ago, the Australian people engaged in a debate about creating a nation. They held meetings...They wrote articles and letters in newspapers. Many views were canvassed and voices were heard. The separate colonies, having divided up the land between them, discussed ways of sharing powers in order to achieve a vision of a united Australia. The result was the Australian Constitution, establishing the Commonwealth of Australia in 1901.