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HREOC Social Justice Report 2002: Appendix 1

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:

  • Improving access
    to ACT Government services by Aboriginal and Torres Strait Islander
    peoples;

  • Improving partnerships
    between ATSIC and ACT Government agencies;

  • Increasing the
    involvement of Aboriginal and Torres Strait Islander peoples in decision-making
    processes;

  • Improving the
    social, cultural and economic status of Aboriginal and Torres Strait
    Islander residents in the ACT;

  • Building partnerships
    between government and the Indigenous business and private sector community,

  • Recognising the
    vital role of Aboriginal and Torres Strait Islander community structures
    and institutions;

  • Recognising the
    need to coordinate cross border activity and funded programs of the
    Commonwealth, state and territory government agencies through greater
    clarity of roles and responsibilities;

  • Endorsing policies
    that have an impact on Aboriginal and Torres Strait Islander Affairs
    in the Australian Capital Region, and that are derived from national
    reports such as the Royal Commission into Aboriginal Deaths in Custody,
    the Bringing them home, Aboriginal Health strategies and Heritage
    & Culture Initiatives; and

  • Supporting the
    need for joint leadership in progressing the process of Reconciliation
    within the ACT community.

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:

  • Be consistent
    with the planning framework outlined in the National Commitment to
    Improved Outcomes in the Delivery of Programs and Services for Aboriginal
    peoples and Torres Strait Islanders
    ;

  • Align ATSIC and
    ACT Government service delivery planning processes;

  • Examine opportunities
    to increase access to funded programs for Aboriginal and Torres Strait
    Islander residents of the ACT;

  • Promote consistent
    and coordinated application of policies, operations and funding at the
    local level;

  • Increase dialogue
    and cooperation between ATSIC and the ACT Government;

  • Identify benchmarks
    for achieving priority outcomes; and

  • Acknowledge and
    recognise the requirement to develop plans and services which respond
    to the needs and outcomes as determined by Aboriginal and Torres Strait
    Islander people at the local level.

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:

  • Building on the
    existing capacity of Aboriginal and Torres Strait Islander peoples,
    their organisations and their community representative structures to
    make decisions about issues that affect their wellbeing;

  • Establishing
    appropriate arrangements at the statewide, regional and local levels
    that enhance the cooperation and coordination of the activities of the
    parties;

  • Improving the
    effectiveness of existing programs and services; and

  • Establishing
    transparent accountability mechanisms for programs and services for
    Aboriginal and Torres Strait Islander peoples in NSW.

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:

  • The tripartite
    housing agreement between the NSW Aboriginal Housing Office, ATSIC and
    the Commonwealth Government has led to better co-ordination of housing
    and infrastructure maintenance and construction programs in NSW;

  • The NSW Health
    Aboriginal Partnership Agreement between the Aboriginal health and Medical
    Research Council and NSW Health establishes joint agreement on all NSW
    Aboriginal health policies and broad resource allocation decisions;
    and

  • The Aboriginal
    Justice Agreement between the NSW Aboriginal Justice Advisory Council
    and the NSW Attorney-General which seeks to reduce Aboriginal people's
    involvement in the criminal justice system, improving community safety
    for Aboriginal people and leading the development of the NSW Aboriginal
    Justice Plan.

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:

  • Aboriginal
    Ownership of National Parks - Aboriginal Negotiating Panels
    : NSW
    DAA will work in partnership with Aboriginal communities involved in
    the hand back of National Parks to Aboriginal owners under the scheme
    provided for in the National Parks and Wildlife Act 1974. The Department
    also provides support and assistance to Aboriginal Communities to facilitate
    traditional and culturally appropriate decision-making processes.

  • Aboriginal
    Economic Development Working Groups (AEDWG)
    : The AEDWG has developed
    a draft NSW Aboriginal Economic Development Policy and Action Plan which
    builds on existing programs and initiatives across Government to establish
    successful partnerships between Government, Aboriginal people and mainstream
    business to create economic opportunities.

    The working group is a multi-agency forum chaired by DAA which brings
    together representatives of Commonwealth, state and local government
    with peak Aboriginal bodies and the NSW Reconciliation Council. The
    primary goal of the working group is to enhance coordination of economic
    development programs and activities and to develop policy and further
    initiatives aimed at facilitating and empowering Aboriginal people
    and communities towards greater involvement and success in all fields
    of economic activity in NSW.

  • Memorandum
    of Understanding between DAA and TAFE NSW
    : An MOU has been entered
    into with TAFE NSW to provide flexible, appropriate and relevant training
    in construction and relevant disciplines through the Aboriginal Communities
    Development Program (ACDP). The main focus of the MOU is to promote
    the development and delivery of quality education and training for Aboriginal
    people who undertake construction and maintenance of houses and community
    facilities in Aboriginal communities across the state.

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:

  • Preventing crime;
  • Improving community
    safety;
  • Improving access
    to justice related services, including services for victims of crime;
  • Improving access
    to bail;
  • Improving access
    to diversionary programs;
  • Increasing community
    based sentencing options and non-custodial sentencing options; and
  • Increasing the
    rate of participation of Indigenous people in the justice system.

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:

  • Improvements
    in Indigenous housing and infrastructure;
  • The establishment
    of on-line Indigenous knowledge centres in Aboriginal communities; and
  • The commitment
    of $600,000 for community capacity building.

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:

  • the capacity
    of Aboriginal customary law to provide benefits to the Northern Territory
    in areas including but not limited to governance, social wellbeing,
    law and justice, economic independence, land management and scientific
    knowledge; and

  • the extent to
    which Aboriginal customary law might achieve formal or informal recognition
    within the Northern Territory.

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:

  • Justice;
  • Family violence;
  • Reconciliation;
  • Human services;
  • Service delivery;
  • Economic development;
  • Community governance;
    and
  • Land heritage
    and natural resources.

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:

  • The Safe and Strong
    Families Agreement;
  • The Indigenous
    Economic Development Agreement; and
  • The Looking After
    Country Together Agreement.

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:

  • Health and emotional
    wellbeing;
  • Essential services
    infrastructure;
  • Economic development
    and employment;
  • Education and
    training;
  • Land and sea
    initiatives;
  • Law and justice;
  • Family Violence
    prevention;
  • Youth participation;
  • Heritage and
    culture; and
  • Indigenous art
    initiatives.

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:

  • their ongoing
    commitment to the purpose, objectives, principles and frameworks contained
    in the National Commitment to Improved Outcomes in the Delivery of Programs
    and Services for Aboriginal Peoples and Torres Strait Islanders (1992);

  • the November 2000
    Council of Australian Governments (COAG) framework on Aboriginal Reconciliation
    that builds upon the 1992 National Commitment and looks to addressing
    disadvantage in, and improving service delivery to, the Aboriginal community
    as a central part of the reconciliation process; and

  • the need for joint
    leadership in progressing the process of reconciliation within the Tasmanian
    community through working to achieve the benchmarks contained in Goal
    10 of Tasmania Together.

Other Guiding Principles
include:

  • recognition and
    respect for the fact that Aboriginal people in Tasmania represent a
    distinct cultural group;

  • recognition and
    respect for the inherent rights of Aboriginal peoples at common law;

  • recognition that
    Aboriginal peoples represent one of the most disadvantaged groups in
    the community;

  • recognition of
    the need to integrate the activities of the Commonwealth and state Governments
    within a partnership approach and to open discussions with local Government
    aimed at ensuring all levels of government work together towards the
    reconciliation objectives;

  • recognition that
    true reconciliation will only be achieved through government and the
    wider community supporting policies and strategies that clearly identify
    the linkage between the recognition of Aboriginal rights and the measures
    that address disadvantage;

  • recognition that
    only a true partnership at a state and local community level can achieve
    a healthy and self-determining Aboriginal community; and

  • a commitment
    to achieve improved outcomes in the social, cultural and economic wellbeing
    of Aboriginal peoples in Tasmania.

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:

  • Improving access
    to services;
  • Community development
    and capacity-building;
  • Integration and
    joint planning;
  • Integrated Health
    Workforce Strategy;
  • Improving data;
  • Best practice
    and
  • Improving partnership
    planning capacity.

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:

  • Maximisation
    of opportunities;
  • Respect for social
    and cultural values;
  • Maximisation
    of negotiation and participation;
  • Improved co-ordination
    and efficiency;
  • Recognition of
    respective roles and responsibilities;
  • Achievement of
    equivalent housing and infrastructure outcomes; and
  • Improved access
    to housing.

Victoria

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

  • Their ongoing
    commitment to the purpose, objectives, principles and frameworks contained
    in the National Commitment;

  • The need for
    a true partnership at a state, regional and local community level in
    pursuing healthy, self-determining Aboriginal and Torres Strait Islander
    communities;

  • The need for joint
    leadership in progressing the process of Reconciliation within the Victorian
    community; and

  • A commitment to
    work through Aboriginal and Torres Strait Islander community structures
    and institutions as appropriate to achieve improved outcome in the social,
    cultural and economic wellbeing of Aboriginal and Torres Strait Islander
    communities in Victoria.

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:

  • Indigenous Economic
    Development;
  • Joint Tourism
    Venture;
  • Promoting Aboriginal
    Home Ownership;
  • Aboriginal Cultural
    Heritage Management and Protection; and
  • Youth Advisory
    Committee.

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

  • Improvement of
    health outcomes,
  • Improvement of
    education outcomes;
  • Development and
    implementation of strategies to enhance Indigenous vocational education
    and training and employment outcomes;
  • Coordinated planning
    and delivery of state and Commonwealth rental housing programs; and
  • Address issues
    arising from recommendations of the Bringing Them Home report and support
    expansion of the Link-up program.

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:

  • Set out the aims
    and strategic direction to be pursued;
  • Identify agreed
    principles to guide action;
  • Specify the roles
    and responsibilities of the signatories to the Agreement;
  • Form the basis
    for achieving equity between the parties; and
  • Identify the
    key results and milestones to be achieved.

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:

  • Indigenous
    Community Building
    - Working in partnership with Victorian Indigenous
    communities and their organisations to increase participation in partnerships
    with Government; and build their capacity to deliver programs and services
    which meet the needs of Indigenous Victorians;

  • Reconciliation
    Through Partnerships with Government and Indigenous Communities

    - Improve outcomes for the Indigenous peoples of Victoria through the
    development of whole of Victorian Government policy promoting community
    led partnerships of Indigenous communities and government agencies;
    and

  • Address Dispossession
    of Indigenous Land and Culture
    - Developing and delivering policy,
    programs and services that address Indigenous aspirations for land and
    culture resources, increase understanding and respect for Indigenous
    culture within the broader community and promote Indigenous community
    control of the protection and management of Indigenous heritage and
    cultural property.

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:

  • To place the Koori
    student at the centre of educational policy and decision-making;
  • To maintain and
    strengthen the formal partnership between the VAEAI and the Victorian
    State Government;
  • To recognise
    the central role of LAECGs in education and training;
  • To formalise the
    protocols that inform all education related discussions and negotiations
    with the Koori community; and
  • To strengthen
    the framework, at all levels of education and training.

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:

  • Recognise Victoria's
    unique Indigenous culture, society and history;
  • Empower Indigenous
    communities to collaborate as partners in resource management;
  • Establish clear
    lines of accountability for each initiative supported through this strategy;
  • Recognise the
    impact of past policies on the role of Indigenous peoples as custodians
    of the land and waters;
  • Require priorities
    and strategies for Indigenous involvement in NRE's operations to be
    developed and implemented primarily at the local level in consultation
    with Indigenous community organisations;
  • Improve information
    and education about services provided by NRE to Indigenous communities;
  • Support initiatives
    on the basis that they contribute to the achievement of agreed outcomes;
  • Provide a framework
    in which overall gains are achieved and recognised; and
  • Maintain and
    improve the effectiveness of current systems of planning, funding and
    providing services and programs.

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:

  • Government of
    Western Australia;
  • Western Australian
    ATSIC State Council; supported by the following Aboriginal peak bodies;
  • Western Australian
    Aboriginal Native Title Working Group;
  • Western Australian
    Aboriginal Community Controlled Health Organisation; and
  • Aboriginal Legal
    Service of Western Australia.

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:

  • Recognition of
    the continuing rights and responsibilities of Aboriginal peoples as
    the first peoples of Western Australia, including traditional ownership
    and connection to land and waters;

  • Legislative protection
    of Aboriginal rights;

  • Equity with respect
    to citizenship entitlements;

  • Regional and local
    approaches to address issues that impact on Aboriginal communities,
    families and individuals;

  • A commitment
    to democratic processes and structures;

  • Inclusiveness;

  • The need to address
    issues arising from past acts of displacement; and

  • A commitment
    to improved governance, capacity building and economic independence.

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:

  • based on shared
    responsibility and accountability of outcomes;
  • formalised through
    agreement;
  • based on realistic
    and measurable outcomes supported by agreed benchmarks and targets;
  • able to set out
    the roles, responsibilities and liabilities of the parties; and
  • involve an agreed
    accountability process to monitor negotiations and outcomes from agreements.

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:

  • A whole-of-government/community
    approach based on negotiated policy benchmarks and targets;

  • Regional negotiated
    agreements incorporating integrated planning involving ATSIC, community
    organisations and state and local government;

  • Agreed processes
    for audit and evaluation of negotiations and outcomes; and

  • Reform of government
    and Aboriginal organisational infrastructure where required to ensure
    the implementation of the partnership agreement.

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.