This Newsletter covers Federal and State policy and legislative developments in the area of Indigenous Affairs. Copies of documents referred to can be obtained by clicking on the reference in this Newsletter or through Capital Monitor's collection at www.capitalmonitor.com.au or from the source quoted.
Major Announcements
Communities and Families
None this edition.
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Culture and Arts
26 October
QLD: Queensland Government committed to backing First Nations Arts Businesses
The Queensland Government has reaffirmed its commitment to elevating First Nations arts, launching the First Nations Arts Business Hub and opening applications for First Nations Arts Business Grants, said Queensland Minister for Treaty, Minister for Aboriginal and Torres Strait Islander Partnerships Leeanne Enoch. Co-designed with the First Nations Arts and Cultures Panel, the First Nations Arts Business Hub is a one-stop shop on the Arts Queensland website. It will offer access to business resources including data and grants programs for First Nations arts and cultural practitioners and businesses, working in parallel to the recently announced Queensland Indigenous Business Network.
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Education
27 October
$3.6m for new junior ranger programs in Central Australia to support Indigenous students
New Learning on Country and Junior Ranger programs will support young people in Central Australian communities to stay engaged with education and training, as part of the Australian Government's $250 million plan for A Better, Safer Future for Central Australia. Students in Ti Tree, Santa Teresa, Papunya and surrounding areas, where school attendance is low, will be offered opportunities to connect with Country and culture, while learning valuable skills from local Indigenous Rangers, said Minister for Indigenous Australians Linda Burney and Member for Lingiari Marion Scrymgour.
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26 October
NSW: Language program creating pathways for the future
Students at Dubbo College Delroy Campus are embracing Aboriginal language to connect to culture and prepare for the future beyond school, said the NSW Department of Education. There are 19 students currently undertaking a Certificate I in Tourism (Wiradjuri) at the campus. The program creates learning pathways for students by bridging career aspirations with work experience and is now in its second term at the college. Delroy student Shanay Nolan said the program had been informative, but also plenty of fun. 'We've learned so much about where our Elders come from, and what they know about language,' she said.
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25 October
NSW: Future First Nations lawyers graduate from new program
The first students have graduated in a groundbreaking new program to increase the number of Aboriginal people working in the law. The Aboriginal Legal Career Pathways Program is a partnership between Legal Aid NSW, TAFE NSW, and Macquarie University, in which students take a path from TAFE study to a law degree while working in a support role at Legal Aid NSW. Legal Aid NSW CEO Monique Hitter said the program would help improve the legal sector for First Nations people, including for the 23 per cent of Legal Aid clients who are Aboriginal or Torres Strait Islander.
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23 October
National Skills Agreement to support more training courses
The Territory and Federal Governments have signed a landmark Skills Agreement for the Northern Territory, announced NT Chief Minister, Natasha Fyles, NT Minister for Business, Jobs and Training, Paul Kirby and Federal Member for Solomon, Luke Gosling. Starting from January next year, the five-year National Skills Agreement (NSA) was developed and agreed to by National Cabinet, and replaces the National Agreement for Skills and Workforce Development (NASWD). The National Skills Agreement will provide up to $155 million over five years for the Territory skills and training sector. This is around $80 million more than the current NASWD Special Purpose Payments.
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Employment
29 October
NT: Boost for Aboriginal Tourism businesses
The Northern Territory Government is supporting Aboriginal businesses and organisations to access funding and business development consultancy, to build sustainable tourism experiences. Round Two of the Aboriginal Tourism Development Support Grant Program will help Aboriginal Territorians and business owners engage professional services to assist with feasibility studies and business planning. The program can also assist with access to professional services for the preparation of applications to relevant land councils or other land management authorities to support the delivery of tourism experiences and products. A total funding pool of $300,000 is available to Aboriginal owned tourism businesses, said NT Minister for Tourism and Hospitality Nicole Manison.
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23 October
First Nations Director Scholarship Program applications open
The Australian Institute of Company Directors (AICD) is pleased to announce the First Nations Director Scholarship Program is now open for applications. This exciting new national initiative is aimed at developing a pipeline of Indigenous directors with the skills and capability to take up board appointments in First Nations and non-First Nations organisations across the country. The $1-million program is funded by the National Indigenous Australians Agency (NIAA) and will see 135 governance scholarships delivered over three years from 2024. Minister for Indigenous Australians Linda Burney said: 'This is a ground breaking program to boost the representation of First Nations people in boardrooms across the country.
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Health
27 October
$6 million for health research that listens to Indigenous communities
The Federal Government is working to improve the health of Aboriginal and Torres Strait Islanders through six research projects that have all involved First Nations people. The Government is providing nearly $6 million for researchers to find new ways to improve prevention, diagnosis, treatment and management of diabetes and cardiovascular disease in Indigenous communities. Aboriginal and Torres Strait Islander youth in northern Australia have the highest rate of type 2 diabetes in the world, while remote communities in East Arnhem have the highest rate of avoidable deaths in Australia, mainly due to cardiovascular disease, said Minister for Health and Aged Care Mark Butler.
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Indigenous healthcare is most effective with Indigenous voices
The Royal Australian College of GPs (RACGP) has called on policy makers to tailor public health initiatives to Indigenous populations to drive the best outcomes and Close the Gap. It comes on day two of the WONCA World Conference Sydney 2023, from 26 to 29 October 2023, one of the largest global conferences for GPs. WONCA 2023 is being hosted by the RACGP, bringing the conference to Australia for the first time in over 20 years.
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25 October
Innovative project provides breastfeeding support to First Nations women
A ground-breaking project developed in partnership between the Sax Institute, two NSW Aboriginal Community Controlled Health Services (ACCHSs) and leading researchers will focus on boosting rates of breastfeeding among First Nations women and improving the health and wellbeing of many mothers and their babies. Funded by the Australian Government's Medical Research Future Fund, the project was announced by the Federal Minister for Health, the Hon. Mark Butler. It aims to increase rates of breastfeeding among First Nations women through an evidence-informed, community designed pilot breastfeeding program and strengthened capacity of Aboriginal midwives and health workers to provide specialist lactation care.
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Housing
None this edition.
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Justice
27 October
Latest extension of Youpla Interim Scheme must pave way for culturally appropriate scheme covering Centrepay victims
First Nations consumer advocates from the Save Sorry Business Coalition have greeted the announcement that the Federal Government will extend its Interim Youpla Scheme with a renewed call for the urgent establishment of a fair and culturally appropriate resolution for First Nations people. Advocates recognise that this extension of the scheme until June 30, 2024, will relieve pressure from those who are at risk of passing.
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25 October
Senators call for action by Attorney over Indigenous agency
The Attorney-General's Department has recommended that an external audit be conducted into the troubled North Australian Aboriginal Justice Agency, which has faced allegations of corruption, fraud and a mass exodus of staff. But Attorney-General Mark Dreyfus and his Department appear unwilling to get directly involved in holding NAAJA to account. The recommendation of an audit was revealed during questioning from Shadow Attorney-General Senator Michaelia Cash and Shadow Minister for Indigenous Australians Senator Jacinta Nampijinpa Price in a Senate estimates hearing. The AGD also revealed NAAJA received millions of dollars of additional Federal Government funding on top of the widely reported $83 million over five years from the National Legal Assistance Partnership.
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24 October
SA: Young cousins return to Country
The South Australian Department of Child Protection announced that two young Aboriginal men transitioning out of care have made an important return to Country with the help of their Department for Child Protection case worker. The cousins, David and Chris, are both proud Narungga men from Point Pearce, and travelled back to country on the Yorke Peninsula as they approached their 18th birthdays. They were accompanied by case worker Adam Evans from DCP's Country Support Unit, and Principal Aboriginal Consultant, David Francis.
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23 October
Indigenous teen dies in Australian adult prison
Staff escort prisoners, including Aboriginal and Torres Strait Islander prisoners, through Lotus Glen Correctional Centre, said Human Rights Watch. Located in northern Queensland, the center is a male prison with a capacity to detain roughly 730 prisoners, over half of whom are Aboriginal and Torres Strait Islander prisoners. A 16-year-old First Nations boy died after self-harming in pretrial detention in a West Australian prison. Even though he was under 18, the authorities held him at Unit 18 in Casuarina Prison-a maximum security prison for adult men. Two weeks before his death, his lawyers wrote to the Western Australian government begging he be moved over fears for his well-being.
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QLD: Gambling regulator wins best international campaign
The Queensland Office of Liquor and Gaming Regulation (OLGR) has been awarded the winner in the category of Best Regulatory Campaign 2023 in the International Regulatory Awards for its campaign to address gambling-related harm in Queensland's First Nations communities. The award recognises the most creative, compelling, and impactful responsible gambling/safer gambling communication campaign and was presented at the IAGR2023 Conference in Botswana on Wednesday, 18 October 2023. First Nations people experience more gambling-related harm and are less likely to seek help than other population groups as gambling harm in Australian First Nations communities is a hidden and taboo issue, associated with significant shame and stigma.
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Land and Native Title
None this edition.
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Reconciliation
25 October
Committed to playing our part in reconciliation and better outcomes
Palliative Care Australia (PCA) believed a Voice to Parliament would contribute to better health and life outcomes for Aboriginal and Torres Strait Islander peoples. 'Given the result, we acknowledge that Aboriginal and Torres Strait Islander peoples are in shock and are grieving. PCA has respected the week of mourning before making comment.' 'We are grateful for the work of all those involved who brought forward this heartfelt idea and share your disappointment that the proposal was not successful,' said Camilla Rowland, Chief Executive Officer, PCA.
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NSW: October 14 `another day of mourning' after No vote in Voice referendum
After observing the Week of Silence to grieve the outcome of the Voice referendum, the NSW Aboriginal Land Council (NSWALC) has promised to fight even harder to support and empower Aboriginal peoples in NSW. 'NSWALC will continue to support communities in having their voices heard and stand up for Aboriginal peoples across NSW,' NSWALC Chairperson Cr Danny Chapman said. 'While the result was not totally unexpected going on the various polls beforehand, it's extremely disappointing now it's eventuated.'
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24 October
Support extended for the families of deceased Youpla group members
Minister for Indigenous Australians Linda Burney and Assistant Treasurer and Minister for Financial Services Stephen Jones announced that the Federal Government is continuing to support former members of the collapsed Youpla Group. The Youpla Group Funeral Benefits Program has been extended and will now accept applications until 30 June 2024. The Program, which was announced as an interim measure in the weeks after the election of the Federal Government, pays a grant in place of a funeral benefit that would otherwise have been paid by the Youpla Group before its collapse.
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Palliative Care Australia, committed to playing our part in reconciliation and better outcomes
PCA believed a Voice to Parliament would contribute to better health and life outcomes for Aboriginal and Torres Strait Islander peoples. 'Given the result, we acknowledge that Aboriginal and Torres Strait Islander peoples are in shock and are grieving. PCA has respected the week of mourning before making comment.' 'We are grateful for the work of all those involved who brought forward this heartfelt idea and share your disappointment that the proposal was not successful,' said Camilla Rowland, Chief Executive Officer, PCA.
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Will continue to listen - and act
In the wake of the defeat of the Indigenous Voice referendum, Indigenous leaders emerged from a week of mourning to urge Australians to listen to Indigenous voices on the work ahead for justice and rights. Science & Technology Australia honours this call. 'We re-dedicate ourselves and our community to partner with Aboriginal and Torres Strait Islander people and organisations in STEM to advance the cause of repair, respect and recognition. We renew STA's longstanding commitment to support, amplify, and elevate Aboriginal and Torres Strait Islander people and organisations in STEM - and highlight the inspiring Indigenous STEM knowledges of this country.'
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Indigenous Cultural Heritage Laws in tatters following disastrous WA lesson
In the evening session of the Senate Environment and Communications Estimates hearing, representatives from the Department of Climate Change, Energy, Environment and Water admitted that it was 'unclear' whether the cultural heritage law reforms would be finished before the end of the current term of parliament. Shadow Minister for the Environment Jonno Duniam said the 'the Government's environment and cultural heritage reform program is a joke, we know that the Federal Government's EPBC Act reforms are well behind schedule. Now we hear that their revamped cultural heritage laws may not even be introduced this term.'
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NSW: Aboriginal Business Roundtable goes international to Close the Gap
24 OCT: NSW Minister for Aboriginal Affairs and Treaty David Harris reported that Aboriginal business leaders have met with their Maori counterparts to better understand and share information about how to grow Indigenous businesses and create new jobs across the Tasman in the fourth Aboriginal Business Roundtable on Closing the Gap. The Looking Abroad: Aboriginal and Maori Businesses Roundtable is the first time businesses have come together in this way brought together by the NSW Minister for Aboriginal Affairs and Treaty David Harris and NZ Consul General, Bill Dobbie.
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23 October
NT: Statement by Central Australian Aboriginal Congress on the result of the Referendum
Central Australian Aboriginal Congress (CAAC) is saddened and disappointed that the Referendum to alter the Australian Constitution to recognise First Nations people and establish a First Nations Voice to Parliament has been defeated. A majority of people voted 'No' to the Voice in every State and Territory except the ACT. In the Northern Territory only about 40% of voters said 'Yes'. However, Aboriginal people overwhelmingly supported the Voice: about 75% of voters in remote areas of the Northern Territory voted 'Yes'. Some Aboriginal communities recorded 'Yes' votes of over 90%.
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16 October
ACT: Personal message on the aftermath of The Voice referendum
'The Uluru Statement generously invited us to walk with First Nations people for a better Australia. I am deeply saddened that despite the strong support shown by Canberra residents, our nation has not accepted that generous offer. Millions of people in Canberra and across Australia have demonstrated that we understand the importance of First Nation's Voices and embraced the need to step up and face our history, to move beyond the injustice and dispossession that has been a feature of the last two centuries,' said ACT Attorney-General Shane Rattenbury.
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Transcripts
Minister for Indigenous Australians Linda Burney
27 OCT: Transcript of Interview with Larissa Behrendt, ABC Speaking Out
Subjects: First Nations issues, Uluru Statement from the Heart, Voice to Parliament, Constitutional recognition, Aboriginal women, Education
Prime Minister Anthony Albanese
23 OCT: Transcript of Press Conference, Canberra
Subjects: Visit to the United States, AUKUS, Visit to China, The Pacific Islands forum, Voice to Parliament referendum, Closing the Gap, National Skills Agreement
Deputy Prime Minister Richard Marles
23 OCT: Transcript of Doorstop Interview, Point Wilson
Subjects: Re-opening of Point Wilson Wharf, Israel-Hamas conflict, Prime Minister's visit to the US, Indigenous leaders' statement on the Voice result
Minister for Finance Katy Gallagher
23 OCT: Transcript of Interview with David Lipson, ABC RN Breakfast
Subjects: Women's Economic Equality Taskforce Final Report, Economic outlook, Inflation, Wine exports to China, Indigenous Leaders statement on the Voice result
Minister for Finance Katy Gallagher
23 OCT: Transcript of Press Conference, Parliament House
Subjects: Women's Economic Equality Taskforce Final Report, Referendum, Reporting of gender pay gaps, High Court decision on EV tax, Home Affairs Secretary
Assistant Minister to the Prime Minister Patrick Gorman
23 OCT: Transcript of Interview with Tom Connell, Sky News Newsday
Subjects: PM's visit to the US, AUKUS, China, Trade, Trade Tariffs on Australian Wine, Aboriginal and Torres Strait Islander Voice to Parliament referendum, Closing the Gap
Shadow Minister for Science and the Arts Paul Fletcher
23 OCT: Transcript of Interview with Anna Henderson, SBS News in Depth
Subjects: Israel-Hamas conflict, Gaza, Terrorism, Humanitarian crisis, Visas, Uluru Statement, Royal Commission, Closing the gap
Leader of the Nationals David Littleproud
23 OCT: Transcript of Interview with Danica De Giorgio, Sky News
Subjects: Wine tariffs, The Voice, YES Campaign statement, China-Australia relations, Closing the Gap, ATSIC, Reconciliation
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Reports
First Nations Digital Inclusion Advisory Group - Initial Report
Minister for Communications, Michelle Rowland, Minister for Indigenous Australians Linda Burney
The First Nations Digital Inclusion Advisory Group has been established to focus on Outcome 17 of the National Agreement on Closing the Gap. Outcome 17 is about ensuring First Nations people are able to access information and services to make informed decisions about their own lives. The Advisory Group has been and will continue to work in partnership with First Nations people and communities.
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Research Paper Series, 2023-24 - Commonwealth laws relating to Aboriginal and Torres Strait Islander peoples: a quick guide
Department of Parliamentary Services (DPS), Parliamentary Library
The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (the Bill) was tabled in Parliament on 30 March 2023. It was passed by the House of Representatives on 31 May 2023 and by the Senate on 19 June 2023. The proposed alteration includes a provision that 'the Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples.'
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Research Paper Series, 2023-24 - Indigenous and minority representation worldwide
Department of Parliamentary Services (DPS), Parliamentary Library
Methods for recognising indigenous, 'tribal', ethnic, or religious, minorities ('minorities') in representative governments worldwide vary widely. At least 44 states or state-like entities have some constitutional or legal mechanism explicitly enabling minority representation within their parliaments, including OECD members, developing states, and Commonwealth countries. At least 10 additional states had statutory representative bodies outside parliaments.
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Submission - Developing the National Housing and Homelessness Plan
Australian Council of Social Service (ACOSS)
Despite the proven benefits of culturally appropriate housing around the country, including for the large Aboriginal populations in urban centres, there is no dedicated Commonwealth funding for Aboriginal and Torres Strait Islander housing supply outside of remote areas, with services increasingly mainstreamed. Dedicated funding is needed to improve the viability of Indigenous Community Housing Organisations (ICHOs) as an alternative to mainstream providers and to support their capacity to take advantage of new financing options, such as the Bond Aggregator.
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Annual Report 2022-23
Indigenous Land & Sea Corporation (ILSC)
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From VET to sustainable employment for Aboriginal and Torres Strait Islander peoples
National Centre for Vocational Education Research (NCVER)
The latest research from the National Centre for Vocational Education Research (NCVER) has found that vocational education and training (VET) increases chances of achieving sustainable employment for Aboriginal and Torres Strait Islander peoples. From VET to sustainable employment for Aboriginal and Torres Strait Islander peoples found that Aboriginal and Torres Strait Islander people who commenced a VET program in 2016 were at least 19% more likely to achieve sustainable employment than those who did not commence a VET program.
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CAEPR Discussion Paper No. 303 2023
Australian National University (ANU)
'This paper reports on a literature review of Indigenous governance principles and practices in Indigenous Ranger groups and Indigenous Protected Areas. While existing scholarship has explored the policy frameworks and benefits associated with these programs, there has been less assessment of how Indigenous people govern these initiatives on the ground. I draw on methods of systematic literature review to identify relevant scholarship over the last 40 years and analyse this material using a conceptual framework of Indigenous governance principles.'
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NT: Report
Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory
The Commission has given particular consideration to children who have been in both the youth justice and the child protection systems, those often referred to as the 'crossover group'.1 The Commission heard that some children in the Northern Territory experience a 'constant roundabout' of disengaging from school, appearing before the criminal justice system, suffering placement breakdowns and moving from one residential facility to another.2
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VIC: Victorian Aboriginal Cancer Journey Strategy 2023-2028
Victorian Aboriginal Community Controlled Health Organisation (VACCHO)
In 2020, VACCHO initiated and led the development of this Victorian Aboriginal Cancer Journey Strategy. This action has been a response to the widening gap in cancer outcomes between Aboriginal and non-Aboriginal Victorians. With the support of the Department of Health, enabled through the Victorian Cancer Plan, VACCHO has commissioned and directly undertaken wide ranging research and Community engagement in the development of a pathway to Closing the Gap. This strategy presents that pathway.
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Annual Reports
ABORIGINAL HOSTELS LIMITED: Annual Report 2022-23 - Report
NATIONAL INDIGENOUS AUSTRALIANS AGENCY NIAA: Annual Report 2022-23 - Report
NT Annual Reports
25 OCT 2023: NT, YOUTH JUSTICE ADVISORY COMMITTEE: Annual Report 2022-23 - Report
25 OCT 2023: NT, NT ANTI-DISCRIMINATION COMMISSION: Annual Report 2022-23 - Report
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Hansards
Federal
24 OCT 2023: SENATE SUPPLEMENTARY ESTIMATES HANSARD: LEGAL & CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE: Attorney-General's Portfolio - Attorney-General's Department - Justice and Communities Group - First Nations & Justice Policy Division Courts
Queensland
26 OCT 2023: QLD ASSEMBLY HANSARD: Private Member's Statements - Palaszczuk Labor Government, First Nations Justice
Northern Territory
26 OCT 2023: NT ASSEMBLY HANSARD: Question Time - National Sorry Day
25 OCT 2023: NT ASSEMBLY HANSARD: Question Time - Aboriginal Community Government Councils - Return
Tasmania
26 OCT 2023: TAS ASSEMBLY HANSARD: Answer to Question - Commission of Inquiry - Funding of Aboriginal Education Programs
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Court Cases
None this edition.
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New Regulations
Australian Capital Territory
Electoral (Result of Aboriginal and Torres Strait Islander Elected Body Casual Vacancy Election) Declaration 2023 (No 3)
Notifiable instrument NI2023-647
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Proclamations
None this edition.
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Gazette Notices
None this edition.
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Consolidated Legislation
None this edition.
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New Bills
Western Australia
Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 - Assent 24/10. Act No. 23 of 2023
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New Acts
Western Australia
Aboriginal Heritage Legislation Amendment and Repeal Act 2023
An Act -
- to repeal the Aboriginal Cultural Heritage Act 2021 and regulations made under that Act; and
- to amend the Aboriginal Heritage Act 1972; and
- to make consequential and related amendments to other written laws.
The Act repeals the Aboriginal Cultural Heritage Act 2021 (WA) and regulations made under that Act, and to amend the Aboriginal Heritage Act 1972 (WA).
LA: Notice of Motion 08/08/23
LA: 1R 09/08/23, 2R 09/08/23, 19/09/23, 19/09/23, 20/09/23, Passed 21/09/23
LC: 1R 21/09/23, 2R 21/09/23, 10/10/23, 11/10/23, 12/10/23, 17/10/23, Passed 17/10/23
Assent 24/10/23, Act No. 23 of 2023
Commencement:
This Act comes into operation as follows -
- Part 1 - on the day on which this Act receives the Royal Assent (assent day);
- Part 3 (other than Division 2) - on the day after assent day;
- section 26 -
- if the Land and Public Works Legislation Amendment Act 2023 section 82 comes into operation before the day on which section 3 comes into operation under paragraph (d) - on the day on which section 3 comes into operation; or
- otherwise - immediately after the Land and Public Works Legislation Amendment Act 2023 section 82 comes into operation;
- the rest of the Act - on a day fixed by proclamation, and different days may be fixed for different provisions.
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