DIMIA Annual Report 2004-05
Outcome 3-Administered items
COMPENSATION AND LEGAL EXPENSES
Figure 83: Performance information-Compensation and legal expenses
Objective
To manage the conduct of litigation in defence of the Australian Government's interests.
Description
OIPC manages the conduct of some litigation where the Australian Government's responsibilities in Indigenous affairs are involved. We do not manage native title litigation, apart from some matters arising under Division 6 of Part 2 and Part 11 of the Native Title Act 1993.
Analysis of performanceLitigation relating to the Indigenous affairs part of the portfolio included:
- ongoing litigation surrounding the Minister's suspension of former ATSIC Chairperson, Mr Geoff Clark, including an appeal of the decision of Justice Gray of the Federal Court overturning the suspension
- defence of a challenge brought by ATSIC to the creation of ATSIS. These proceedings were discontinued following the abolition of ATSIC by the Aboriginal and Torres Strait Islander Act 2005.
There were 2094 'separated children' claims lodged in the High Court as at 30 June 2005. OIPC pursued cost recovery in a number of matters. We recovered $192 765 in settlement of outstanding costs in the Hindmarsh Island Bridge litigation.
Outcome 3-Administered items
CROSS-PORTFOLIO INDIGENOUS FLEXIBLE FUNDING ARRANGEMENTS
Figure 84: Performance information-Cross-portfolio Indigenous flexible funding arrangements
Objective
To support the Council of Australian Governments (COAG) Indigenous trials.
Description
On 1 July 2004 OIPC assumed the role of the former Indigenous Communities Coordination Taskforce and the cross-portfolio flexible funding pool arrangements in eight trial sites, one in each state and territory. Sponsored by COAG, the trials have concentrated on inter-government coordination and innovative solutions to the challenges faced by Indigenous communities. Trials are established in:
- Anangu Pitjantjatjara Yankunytjatjara (APY) Lands, SA
- Australian Capital Territory (ACT)
- Cape York, QLD
- East Kimberley region, WA
- Murdi Paaki region, NSW
- North-east Tasmania
- Shepparton region, VIC
- Wadeye, NT.
Each trial is led by a particular Australian Government agency. The sponsoring Secretaries and their respective agencies have been the main drivers of the Australian Government's whole-of-government cooperative approach in each site and they are now being supported by ICCs.
SRAs have been negotiated in all eight sites. The agreements set out the key strategic priorities and agreed outcomes that form the basis for collaboration and cooperation between the community representatives and governments to get better results for Indigenous communities and recognise and respect each of the parties' rights and responsibilities.
OIPC helped agencies understand the key issues raised by Indigenous leaders and their communities to better equip them to meet the challenges associated with implementing whole-of-government approaches, including by:
- supporting lead agencies in the development and progression of initiatives to meet the identified needs of Indigenous communities
- maintaining a website that sets out the key objectives of the COAG trials and highlights new and innovative approaches
- participation in relevant meetings and seminars conducted by Australian Government agencies to promote cross-agency collaboration and involvement in the trials.
Analysis of performance
At 30 June 2005, more than 20 SRAs were in place in the eight trial sites between representatives of Indigenous communities, the Australian Government and the relevant state and territory governments. A framework is now in place for the development of SRAs, which is being built on successfully. Governance structures and strategic planning have generally been established and outcomes are being achieved.
In the APY Lands, for example, the Mai Wiru Regional Stores Policy (in place in all but one community) aims to increase the availability and affordability of healthy foods on the APY Lands. The PY Ku Network, a Rural Transaction Centres network, is now being trialled in two communities with the aim of delivering improved and increased services to the APY Lands and linking service delivery with training and employment opportunities. A new regional forum Tjungungku Kuranyukutu Palyantjaku has been developed that involves both levels of government and APY in improved service delivery.
In Cape York, achievements included:
- establishment of the Weipa Multi-Purpose Facility
- establishment of the Lockhart River Arts Centre
- implementation of the Cape York Strategic Leaders Program
- development of innovative service delivery approaches in health and business development
- successful placement of young Indigenous people in fruit picking jobs in the southern states
- development of a Cape York employment strategy.
Other Cape York initiatives include Flight Path, a program to help young people set and reach life goals including tertiary education, and Computer Culture, which engages communities and young people in education through multimedia recording and retelling of traditional cultural practices.
New approaches have also been put in place to improve partnerships on the ground. In the Murdi Paaki region, for example, the Department of Education, Science and Training (the lead agency) has established a team of four dedicated officers based in Dubbo, to develop strong links with communities and provide leadership across the region. The New South Wales Department of Education and Training has also provided a dedicated officer based in Dubbo. Together these officers work with the Manager of the Bourke ICC and form the Action Team managing the implementation of the trial at a community level. The Action Team represents both Australian and New South Wales Government agencies and is the first point of government contact for Community Working Parties, providing a more streamlined process for communities to engage with governments and a constant contact point, no matter what the issue.
Across the trial sites, initiatives have included a strong focus on governance, as several of the Indigenous communities involved in the trials have identified the need to develop, and negotiate agreement and support for, community governance arrangements that facilitate more inclusive and effective interaction with government agencies. In the East Kimberley region, for example, a governance forum has been set up, enabling community members to interact with senior representatives of the Australian, state, territory and local governments. A joint strategic plan encompassing all levels of government and the communities is also being developed.
A total of $3.115 million from the cross-portfolio funding pool supported 32 projects in Indigenous communities participating in the trials. Funds were provided to model whole-of-government initiatives and to support projects that have the potential to foster sustainable development but that could not be funded under existing program guidelines. Further information is provided under the Outcome 5 Administered Items relating to SRAs.
Outcome 3-Administered items
RECONCILIATION PLACE IN CANBERRA-CONTINUOUS DEVELOPMENT
Figure 85: Performance information-Reconciliation Place in Canberra
Objective
To continue the government's commitment to development of Reconciliation Place, Canberra, as a national symbol of Reconciliation.
Description
OIPC is working with the National Capital Authority (NCA) to engage the necessary service providers for the design, construction and installation of six additional artworks at Reconciliation Place.
Analysis of performance
OIPC, in partnership with the NCA, began planning for the artworks and released $1 million to the NCA under a Memorandum of Understanding to guide management of the project. We proposed an Advisory Committee, with both Indigenous and non- Indigenous members, to be appointed by the Minister to advise on the design brief and selection of artworks. Appointment of the Advisory Committee will take place early in 2005-06. At least three of the artworks will be installed during 2005-06.