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Suggestions for a new arrangement in Aboriginal and Torres Strait Islander Affairs: Realising an appropriate and effective system
by Dea Delaney Thiele MPH September 2013
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n respect to Aboriginal & Torres Strait Islander Peoples, to close the gaps in life expectancy, infant mortality rates and other continuing markers of disadvantage, the Federal Government needs a new arrangement in Aboriginal and Torres Strait Islander Affairs.
While it is noted that ATSIC was of concern to the government of the day, there was not, as the ATSIC review clearly articulated, the need to dismantle the organisation. Political will is needed to allow Aboriginal & Torres Strait Islander Peoples to be socially and politically included into all aspects of the Australian system that impinge on their health, wellbeing and economic development.
Given the range of social determinants that impact on the health, spiritual, social, emotional and environmental wellbeing, including the economic development of Aboriginal & Torres Strait Islander Peoples, ATSIC, could not be held responsible for the disparities between Aboriginal & Torres Strait Islander Peoples and other Australians. It is a shared responsibility between Aboriginal & Torres Strait Islander Peoples, Government Page 1
and non government sectors, which requires long term commitment and resources commensurate with need.
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It is widely known and acknowledged that Aboriginal & Torres Strait Islander Peoples are the most disadvantaged population group in Australia. The Aboriginal and Torres Strait Islander Commission Amendment Bill 2004 abolished ATSIC, and to dismantle the national body without due planning, consideration, consultation and negotiation with Aboriginal & Torres Strait Islander Peoples has left a huge gap in transparency, monitoring and accountability of all programs that impact on Aboriginal & Torres Strait Islander Peoples. The right to self determining structures is clearly supported and articulated by a number of United Nations international treaties, including the United Nations Declaration on the Rights of Indigenous Peoples. Serious and effective engagement means we need a nationally elected Aboriginal Authority/Commission or a similar structure that is underpinned by a legislative framework that is based on the principle of self determination that will fully discharge a broad range of functions efficiently and transparently for the benefit of Aboriginal & Torres Strait Islander Peoples with Aboriginal & Torres Strait Islander People being held accountable for the administration of such a body.
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Failure to include and effectively engage the Aboriginal & Torres Strait Islander population and organisational representatives from the beginning and right throughout the policy process risks the development of inappropriately targeted and ill-conceived policy and at worst, may be inappropriate, unhelpful, unsustainable and ineffective for Aboriginal & Torres Strait Islander Peoples. SUMMARY OF RECOMMENDATIONS
1. Aboriginal & Torres Strait Islander Peoples have an inalienable right to a nationally elected self determining organisation that fully discharges the widest range of functions efficiently and transparently for the benefit of Aboriginal and Torres Strait Islanders. It follows the need for a new arrangement in Aboriginal and Torres Strait Islander Affairs. 2. Real and effective consultation in partnership with Aboriginal communities must inform the entire process of development of a broad based nationally elected Aboriginal self-determining organisation. Aboriginal communities could be represented by their existing bodies in health, land, law and childrens’ services. These organisations and individuals could nominate others where any additional expertise might be needed. This national structure could stand in the position of the board of commissioners in order to
ensure that service delivery to Aboriginal & Torres Strait Islander Peoples is governed by self- determining rather than government controlled processes. Core issues to be considered in the establishment of such an organisation include i. determination of the most effective mechanisms to ensure that elected representatives are drawn from the widest possible Aboriginal electorate and that they reflect the diversity of Aboriginal cultures and language groups; on this point, it is worth noting that an Aboriginal electoral roll was used in elections for the former ATSIC and this could be a model to explore once again; ii. reconsideration of the provisions of the original former ATSIC Bill with a view to reinvigoration and remodification of the previous Act of Parliament and make the revised legislative framework applicable to any new organisation; strengthening new provisions relating to audit and review functions and competent governance; iii. determination of the most effective mechanisms for regional coordination. Dea Delaney-Thiele MPH Doctoral Candidate in Public Health at the University of New South Wales Aboriginal Health Service Delivery Evidenced Based Practice