Australian Indigenous advisory bodies

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Australian Indigenous advisory bodies are Aboriginal and Torres Strait Islander advisory bodies established or proposed to be established by the Commonwealth and state and territory governments. Calls for such bodies, especially for a Commonwealth level Voice to Parliament, became prominent following the release of the Uluru Statement from the Heart , however similar bodies of various levels of independence have existed since the official end of assimilationist policies in the 1970s and the promotion of self-determination and reconciliation. Such bodies generally advise governments on policies and programmes that affect Indigenous Australians, and represent Indigenous interests in public debate. [1] Other advisory bodies have been established in the context of state treaty process, to advise governments and Indigenous groups to prepare for upcoming negotiations.

Contents

While the proposed Voice was unique in its proposed implementation through a constitutional amendment, most other advisory bodies are typically proposed to be established via legislation, with their membership democratically elected by First Nations communities. [1] The membership of these bodies is usually made up of representatives from a range of Indigenous organisations and communities. The specific proposed roles and responsibilities of Indigenous advisory bodies varies. [2]

Commonwealth

Current Commonwealth bodies

The Coalition of Peaks is a body that represents more than 80 Indigenous community groups and peak organisations across Australia. [3] Under a partnership agreement with the Council of Australian Governments (now National Cabinet), Australian governments have promised to consult with the Coalition of Peaks in the creation, implementation and reform of Closing the Gap policies. [4]

Past Commonwealth bodies

Since 1973, there have been five national Indigenous bodies advising Australian governments. [5] Four were elected and one (the National Indigenous Council) was appointed by the federal government. [6] [7] Other state and territory Indigenous advisory bodies have also been established in some jurisdictions since 2008.

1973–1976: National Aboriginal Consultative Committee

The National Aboriginal Consultative Committee (NACC) was created in February 1973 by the Whitlam government's Minister for Aboriginal Affairs, Gordon Bryant, with the help of Charles Perkins. [8] Its principal function was to advise the Department of Aboriginal Affairs (DAA) and the Minister on issues of concern to Aboriginal and Torres Strait Islander peoples. Its members were elected by Indigenous people, who had a turnout of 78% of the 36,338 people on its electoral roll, in November 1973. [8] [9] While it maintained a good relationship with Bryant, it had strong detractors in the DAA. [8] [10] The NACC saw itself as a legislative body, while the government expected them to be purely advisory, and this, along with other conflicts over the name, funding levels and control led to the end of the organisation. [7] The Fraser government commissioned the 1976 Hiatt Committee review of the body, [11] which concluded that it had not functioned as a consultative committee nor been effective in providing advice to government or making its activities known to most Aboriginal people. [5] [ unreliable source? ] [7]

1977–1985: National Aboriginal Congress

The NACC was reconstituted in 1977 as the National Aboriginal Congress (NAC). [12] Changes included a move to indirect voting of members through regional representatives, a lower budget and a more explicit advisory role. [7] The Hawke government commissioned the Coombs Review into the NAC in 1983, [13] which found that the body was not held in high regard by the Aboriginal community. [7] After being starved of funds, some financial irregularities were found (attributed[ by whom? ] to inexperienced staff). [7] [8] The NAC was abolished by the Hawke government in 1985. [14] In 1988, the Barunga Statement called for a new elected body to be created. [15]

1990–2005: Aboriginal and Torres Strait Islander Commission

The Aboriginal and Torres Strait Islander Commission (ATSIC) was established by the Hawke government on 5 March 1990 as an elected body which had responsibility for administering Indigenous programs and service delivery. It was successful in some areas as being a combined deliverer of services; however, low voter turnout for ATSIC elections, allegations of corruption and a lack of government support led to the demise of the organisation. [7] A 2003 review recommended various reforms, including more control of the organisation by Aboriginal and Torres Strait Islander people at a regional level. [16] The Howard government (with Amanda Vanstone as Aboriginal Affairs Minister) decided not to implement these reforms however, instead abolishing ATSIC on 24 March 2005, [17] with the support of the Labor party under Mark Latham. [16]

2004–2008: National Indigenous Council

In November 2004 the Howard government established the National Indigenous Council (NIC), following a proposal earlier in the year. [17] A government inquiry into the demise of ATSIC recommended in March 2005 "that the NIC be a temporary body, to exist only until a proper national, elected representative body is in place". [18] The same inquiry found that, although the members were respected, there was absolutely no support for the institution; only the government regarded it as legitimate. [6] In early 2008, the NIC was disbanded. [19]

2009–2019: National Congress of Australia's First Peoples

In December 2008, the Rudd government asked the Australian Human Rights Commission to develop a new elected Indigenous representative body. [19] This was announced as the National Congress of Australia's First Peoples in November 2009, [20] and was established as a body independent of government. [21] Fewer than 10,000 Indigenous people signed up as members to elect congress delegates, [5] and the Abbott government cut off its main funding stream in 2013. It went into voluntary administration in June 2019, [22] before ceasing completely in October 2019. [23] Calls for a new voice came from the Cape York Institute, headed by Noel Pearson, in 2012 and 2015. [24] [25]

2013–2019: Prime Minister's Indigenous Advisory Council

The government appointed Prime Minister's Indigenous Advisory Council was established by prime minister Tony Abbott on 25 September 2013. [26] It consisted of 12 members, both Indigenous and non-Indigenous, who would meet three times each year. [27] It was initially chaired by Warren Mundine. Prime minister Malcolm Turnbull restructured the body in early 2017, [28] [29] [30] reducing its size to six members, and abolishing the role of chair. It was later given a pair of co-chairs. It held its last meeting in early 2019. [31]

New South Wales

New South Wales has not committed to establishing a state voice to Parliament. The current Labor NSW government, headed by Premier Chris Minns, came to power promising to spend $5 million on consultation for a treaty process. [32] However, following the defeat of the referendum, there has been no commitment to further action, with the premier stating in October 2023 that "[a]ll we’re promising is to start that dialogue" and that any proposed further developments would be taken to an election before being implemented. [33]

Victoria

The First Peoples' Assembly of Victoria is a body of 31 elected and appointed members representing Aboriginal Victorians. 22 "General Members" are elected via optional preferential voting in 5 multi-member electorates (known as "Regions"). General Members receiving a sufficient quota in each Region are elected, with the lowest ranking male candidates excluded until at least 40% of the members elected to a region are non-male. [34] 10 "Reserved Members" are appointed, with a member selected by each of the government recognised traditional owner groups. [35] Additional Reserved Member seats may be granted by the assembly on application by an Aboriginal group. [35]

The main task of the Assembly is to work out the rules by which individual treaties will be negotiated between the Victoria Government and the various Aboriginal Peoples. It will also establish an independent umpire, the Treaty Authority, to oversee negotiations between Aboriginal groups and the Victoria Government and ensure fairness. It will also establish a fund to help negotiations are take place on an even financial footing among the various groups, and debate and decide which ideas, laws, policies and rights will be the subject of treaty negotiations. [36]

The assembly meets in the chamber of the upper house of the Victorian Parliament, the Victorian Legislative Council. [36] It met for the first time on 10 December 2019, [37] and again met over two days in February 2020. The assembly hopes to agree upon a framework, umpire and process before November 2022, the date of the next state election. The current Labor government under Daniel Andrews is supportive, but the Coalition had not made a clear commitment to supporting the treaty process. [38]

On 11 July 2020, the Victoria Government announced that it would establish a truth and reconciliation commission for Aboriginal Australians in Victoria, the first ever in Australia, with the terms of reference to be worked out collaboratively. The 21 elected members of the assembly would consult with their communities and work with the Victoria Government to design the process. The announcement was welcomed by the community. The 2017 Uluru Statement from the Heart called for a similar commission to be established at a national level. [39]

The assembly's first election was in November 2019, however the Yorta Yorta Nation Aboriginal Corporation, declined to participate in the election process. [36] On 3 August 2020, the assembly held its first official negotiation meeting with Aboriginal Affairs Minister Gabrielle Williams. [40] The assembly held its second election in 2023, and new co-chairs were elected.

Queensland

Under the Palaszczuk Labor government initiated "Path to Treaty" process, an appointed Interim Truth and Treaty Body was established in 2022, to advise the government on the creation of laws to facilitate treaty negotiations. [41] These laws also set up a Truth-telling and Healing Inquiry and a Treaty Institute, however as of October 2023 the government has yet to proclaim the laws to put them into effect. [42] While these laws initially passed with bi-partisan support, the LNP withdraw their support following the failure of the Voice to Parliament referendum. While maintaining their commitment to the Truth-telling inquiry, the premier in response declared that any treaties would require bi-partisan support. [43]

Western Australia

The Aboriginal Advisory Council of Western Australia is a statutory body that has operated since 1972 which advises the WA government (through the Minister for Aboriginal Affairs) on Aboriginal issues. [44] [45] While some have praised the effectiveness of the body, others have criticised it as a "toothless tiger" that is unable to properly hold the government to account on Aboriginal issues. [45] The body is appointed by the minister, after being "peer-nominated". [46]

South Australia

In May 2021, South Australian premier Steven Marshall announced his government's intention to create the state's first Indigenous Voice to Parliament. [47] After the election of a state Labor government in 2022, new Premier Peter Malinauskas pledged to implement this state-based Voice to Parliament, as well as restarting treaty talks and greater investment in areas affecting Aboriginal people in the state. [48] In July 2022 Dale Agius was appointed as the state's first Commissioner for First Nations Voice, with the role commencing in August and responsible for liaising with federal government. Kokatha elder Roger Thomas would continue as Commissioner for Aboriginal Engagement for a further six months. [49]

In January 2023 the government secured the support of the Greens for a bill which would be debated in parliament later in the year. [50] The process would include the election of 40 people by Aboriginal and Torres Strait Islander people enrolled to vote ore members specific to their geographic area, with 12 of these forming a statewide Voice, which would be entitled to address the parliament on any bill being debated. [51] An open letter was sent in early January to Agius and Kyam Maher (Attorney-General of South Australia and Minister for Aboriginal Affairs) by Native Title Services SA on behalf of most of the native title bodies, voicing some concerns about aspects of the model, saying the proposal would bypass established individual native title groups' voices. Maher said later that their concerns would be taken into consideration, and the bill would ensure the Voice would not impinge on what the groups do, and would ensure the existence of a formal structure to take into account their views. [52]

One Nation's sole MP Sarah Game expressed her opposition to the legislation, saying it would divide South Australians based on race. [53] In February 2023, the South Australian Liberal Party announced its opposition to the Voice proposed by the government, saying that it was flawed. [54] [55]

The bill passed in a special Sunday sitting of parliament on 26 March 2023 and was given royal assent immediately afterwards [56] [57] in a public event on the steps of Parliament House. [58] Thousands of onlookers attended the event, watching some of the events inside the building projected live onto large screens. The premier said in a radio interview the next morning that he would deem the Voice as a failure if there was not a measurable improvement in the Closing the Gap statistics in the years ahead. [59]

Implementation of the SA Voice was delayed for six months owing to possible confusion introduced by the debate about the national referendum on a national Voice in October. [60] Elections for the SA body are scheduled to take place in March 2024. [61]

After the 2023 Australian Indigenous Voice referendum in which over 60% of South Australians voted against the Voice, state Liberal leader David Speirs cast some doubt on the state voice. South Australian One Nation MP Sarah Game announced plans to introduce a bill calling for the First Nations Voice Act 2023 to be repealed. [62]

Tasmania

A six member body "Aboriginal Advisory group" was established in December 2022, to advise the Tasmanian Government on treaty and truth-telling. [63] [64] The body received criticism from other Tasmanian Aboriginal groups as not-representative of all Tasmanian Aboriginal people. [65] Membership was appointed by the minister, following nomination "by Tasmanian Aboriginal people, through an open process". [64]

Australian Capital Territory

The Aboriginal and Torres Strait Islander Elected Body (ATSIEB) was established in 2008. [66] [1] As of 2023, ATSIEB has seven elected members, including a chairperson and deputy chairperson. Members of ATSIEB have portfolio responsibilities mirroring the ACT Government and the body is supported by a secretariat. [67] Members work part time and are paid $15,000 for seven hours of work per week. The body also conducts senate style estimates, questioning the heads of government departments. [68]

Elections to ATSIEB are conducted by Elections ACT. Any Aboriginal or Torres Strait Islander person over the age of 18 living in the ACT is eligible to vote in ATSIEB elections. The most recent election was held in 2021 and had a turnout of 267 voters, only 2.8% of the territory's Indigenous population. [69] This low turnout rate has been identified as key risk to the body's continuing effectiveness. Other challenges the body faces include a significant attrition rate in membership, inter-tribal conflict between the Ngunnawal and Ngambri and a lack of resources provided by the ACT government. [68]

Northern Territory

The Northern Territory does not currently have a territory-based Indigenous Voice to Parliament.

See also

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  65. ↑ Morse, Callan (9 February 2023). "Tasmanian government Aboriginal advisory group's inaugural meeting questioned by community delegation". National Indigenous Times.
  66. ↑ "Aboriginal & Torres Strait Islander - Elected Body". Aboriginal & Torres Strait Islander Elected Body. Retrieved 30 November 2022.
  67. ↑ "Members". Aboriginal & Torres Strait Islander Elected Body. Retrieved 20 October 2023.
  68. 1 2 Down, Rhiannon (10 October 2023). "'Indigenous voice that works'" . The Australian .
  69. ↑ "2021 ATSIEB Election" . Retrieved 20 October 2023.
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