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National commitment to improved outcomes in the delivery of programs and services for Aboriginal peoples and Torres Strait Islanders

Endorsed by the Council of Australian Governments
Perth, Western Australia
7 December 1992

1. Introduction
2. Purpose
3. National Objectives
4. Principles
5. Roles and Responsibilities of Government
6. Framework for Improving Outcomes for Aboriginal Peoples and Torres Strait Islanders
7. Reporting and Review

1. Introduction

1.1 Heads of Government at the Special Premiers' Conference in October 1990 called for a report on the means of achieving greater co-ordination of the delivery of programs and services by all levels of government to Aboriginal peoples and Torres Strait Islanders. The Heads of Government in May 1992 endorsed the development of a multilateral national commitment to improved outcomes for Aboriginal peoples and Torres Strait Islanders, and have agreed on the need to achieve greater co-ordination of the delivery of programs and services by all levels of government to Aboriginal peoples and Torres Strait Islanders.

2. Purpose

The governments of Australia:

2.1 recognise the expressed wish of Aboriginal peoples and Torres Strait Islanders for a commitment to change, and an acknowledgment of their rightful place in and right to contribute to Australian society and to share in Australia's land, wealth and resources;

2.2 recognise that a National Commitment to improve outcomes in the delivery of programs and services for Aboriginal peoples and Torres Strait Islanders is required to:

1. redress the underlying and fundamental causes of Aboriginal peoples and Torres Strait Islanders inequality and disadvantage including those identified by the Royal Commission into Aboriginal Deaths in Custody;
2. confirm that the planning and provision of government programs and services to Aboriginal peoples and Torres Strait Islanders is a shared responsibility and a legitimate policy interest of all spheres of government;
3. agree upon key principles and national objectives; and
4. provide a framework for bilateral agreements to be entered into between governments for the delivery of specific programs and services.

3. National objectives

The governments of Australia agree to:

Land

3.1 address the issue of land needs and entitlements;

Culture and Heritage

3.2 empower Aboriginal peoples and Torres Strait Islanders to protect, preserve and promote their cultures and heritage, recognising that their unique cultures are Australia's Indigenous heritage;

Economic Development

3.3 promote and encourage the development of greater economic independence and self-reliance within Aboriginal peoples and Torres Strait Islanders communities;

Social Well-being

3.4 improve the health and social well-being of Aboriginal peoples and Torres Strait Islanders, with particular attention to:

1. health
2. community housing and infrastructure
3. education & training
4. employment
5. community development
6. municipal services and infrastructure
7. law and justice
8. young people's services
9. aged care
10. child care

Government Service

3.5 ensure that Aboriginal peoples and Torres Strait Islanders receive no less a provision of services than other Australian citizens and in so doing aim provide:

1. improved access of Aboriginal peoples and Torres Strait Islanders to mainstream grams
2. services which are adequate and culturally appropriate
3. appropriate information about their rights to and availability of services;
4. effective resourcing of services
5. Aboriginal peoples and Torres Strait Islanders and communities with the opportunities negotiate, manage or provide their own services

4. Principles

The Government of Australia, in making this National Commitment, have as guiding principles:

4.1 empowerment, self-determination and self-management by Aboriginal peoples and Torres Strait Islanders;

4.2 economic independence and equity being achieved in a manner consistent with Aboriginal peoples and Torres Strait Islanders social and cultural values;

4.3 the need to negotiate with and maximise participation by Aboriginal peoples and Torres Strait Islanders through their representative bodies, including the Aboriginal and Torres Strait Islander Commission, Regional Councils, state and Territory advisory bodies and community-based organisations in the formulation of policies and programs that affect them;

4.4 effective co-ordination in the formulation of policies, and the planning, management and provision of services to Aboriginal peoples and Torres Strait Islanders by governments to achieve more effective and efficient delivery of services, remove unnecessary duplication and allow better application of available funds; and

4.5 increased clarity with respect to the roles and responsibilities of the various spheres of government through greater demarcation of policy, operational and financial responsibilities.

5. Roles and responsibilities of governments

The governments of Australia:

5.1 affirm that this National Commitment arises from their shared responsibility for the development of national policy, for planning, for funding, and for the provision of government programs and services for Aboriginal peoples and Torres Strait Islanders ;

5.2 agree that this National Commitment provides the framework for a series of bilateral agreements between the Commonwealth and the State and Territory Governments; and

5.3 acknowledge resource constraints in the provision of services and the need to ensure such constraints are managed equitably across the community.

Commonwealth Government

5.4 acknowledge that the Commonwealth Government has accepted a special responsibility for Aboriginal peoples and Torres Strait Islanders following the amendment of the Australian Constitution pursuant to the referendum of 1967;

5.5 recognise that the Commonwealth has a special responsibility arising from Australia's international obligations to its Indigenous peoples;

5.6 recognise that the Commonwealth's special responsibility is exercised through the development and implementation of policies, the enactment of legislation and the funding of programs and services; and

5.7 recognise the co-ordinating and advisory role of ATSIC at the Commonwealth level to ensure the Commonwealth's activities are integrated with State/Territory and Local Government programs and service delivery and to act as a Commonwealth focus for the National Commitment to plan and develop programs and services for Aboriginal peoples and Torres Strait Islanders.

State/Territory Governments

The governments of Australia:

5.8 agree that state and Territory Governments, recognising their role in delivery of services, will maintain their responsibility for providing mainstream and Aboriginal-specific programs and services which are responsive to an appropriate to the special needs of Aboriginal peoples and Torres Strait Islanders and will where appropriate adapt and extend those services in consultation with them;

5.9 agree that States and Territories will negotiate effective linkages and co-ordination between mainstream services and community-based services to facilitate access by Aboriginal peoples and Torres Strait Islanders to the full range of programs and services;

5.10 agree that States and Territories will facilitate negotiation and participation by Aboriginal peoples and Torres Strait Islanders in the management and delivery of programs and services;

5.11 agree that States and Territories in conjunction with the Commonwealth will ensure co-ordination in the planning, management and delivery of programs and services; and

5.12 accept that agreements entered into by the States of New South Wales, South Australia, Victoria and Western Australia with the Commonwealth pursuant to the Aboriginal Affairs (Arrangements with the States) Act 1973 will be replaced by the National Commitment and bilateral agreements entered into pursuant to it between the Commonwealth and respective States and Territories.

Local Government

5.13 agree that Local Governments will maintain their responsibilities to ensure the provision of a full range of local government services to Aboriginal peoples and Torres Strait Islanders in accordance with appropriate planning, co-ordination and funding mechanisms;

5.14 recognise the role of Local Government in local area planning and the need for its integration with ATSIC and State and Territory planning processes; and

5.15 agree that the development of bilateral agreements will take into account Local Government policies through consultative processes where appropriate.

6. Framework for improving outcomes for Aboriginal peoples and Torres Strait Islanders

Planning

The governments of Australia:

6.1 affirm their commitment to a planning framework which:

1. identifies needs, and establishes clear and measurable objectives, agreed outcomes and performance indicators
2. clearly defines interests and responsibilities of each sphere of government in relation to policy, operations and funding
3. defines and assists co-ordination mechanisms
4. is based on agreed processes between local communities and governments

6.2 agree that the planning and delivery of services will take into account the planning role of Regional Councils established under the Aboriginal and Torres Strait Islander Commission Act 1989 and that tin turn ATSIC will take into account the planning processes and advisory bodies established by State, Territory and Local Governments; and that Regional Councils are encouraged to consult with all spheres of government in the formulation of their regional plans;

6.3 accept that Regional Plans prepared by Regional Councils under the ATSIC Act provide one basis for negotiated agreements for the delivery of programs and services to Aboriginal peoples and Torres Strait Islanders; and

6.4 will endeavour to assist and support Regional Council planning processes by maintaining and enhancing linkages and co-ordination between ATSIC Regional Councils and State and Territory statutory advisory bodies where they exist and other existing government planning and advisory processes and agreed program delivery mechanisms of governments.

Funding

The governments of Australia:

6.5 recognise the need for all government to al least maintain total current effort on Aboriginal peoples and Torres Strait Islanders programs if the disadvantages experienced by Aboriginal peoples and Torres Strait Islanders are to be overcome and their needs met;

6.6 recognise the need for improvements in funding relationships between the Commonwealth, States, Territories and Local Government to achieve more effective and efficient delivery of services, remove unnecessary duplication and allow better application of available funds;

6.7 agree that where administrative responsibility under an agreement resides primarily with one level of government, it will be fully and fairly compensated for carrying out that responsibility;

6.8 agree that sustained levels of Commonwealth funding will be based on the principle of the Commonwealth continuing to have a special responsibility in Aboriginal Affairs, including where appropriate, the provision of funds and resources under agreements;

6.9 affirm that the Commonwealth's special responsibility in Aboriginal Affairs will be exercised through:

1. seeking to maintain real funding to Commonwealth line agencies for Aboriginal specific programs and mainstream programs for Aboriginal peoples and Torres Strait Islanders where these continue to be provided by the Commonwealth
2. continuing to support ATSIC at real levels of funding
3. the disbursement of grants to the State and Territories under the Aboriginal and Torres Strait Islander Commission Act 1989
4. the broadbanding of funding to the States and Territories under agreements which ensure Aboriginal and Torres Strait Islander programs are targeted and allow maximum flexibility to the government providing the service
5. the development of joint strategic initiatives in co-operation with State and Territory Governments under agreed arrangements to continue to address areas of special need

6.10 agree that funding arrangements negotiated in agreements will take into account the diversity of cultural and locational needs of Aboriginal peoples and Torres Strait Islanders; and

6.11 agree to specify in advance, subject to normal budgetary provisions, their respective contributions to the funding of activities identified in agreements.

Delivery of Services

The governments of Australia:

6.12 acknowledge that each sphere of government has a legitimate interest and responsibility of deliver services to Aboriginal peoples and Torres Strait Islanders;

6.13 recognise that the cultural diversity of Aboriginal peoples and Torres Strait Islanders requires flexibility and adaptability in services delivery;

6.14 agree to maximise discretion and flexibility for the States/Territories and Local Government in service delivery consistent with agreed national objectives and the co-ordination of planning processes at Commonwealth, State/Territory and Local Government levels;

6.15 recognise a preferred role of Aboriginal and Torres Strait Islander organisations in the delivery of programs and services; and

6.16 agree that where it is more appropriate to deliver services through government agencies, planning and consultation processes and delivery mechanisms should be adapted to meet the needs of Aboriginal peoples and Torres Strait Islanders and communities in consultation with them.

Agreements

The governments of Australia:

6.17 agree that bilateral agreements be entered into between the Commonwealth and state/Territory Governments specifying the responsibilities of each government, identifying funding arrangements and providing a framework for the planning and delivery of services and programs in specific functional areas within the respective State/Territories;

6.18 agree that bilateral agreements entered into between the Commonwealth and State/Territory Governments will take account of the important roles played by ATSIC and State/Territory Aboriginal and Torres Strait Islander organisations;

6.19 agree that in the negotiation of bilateral agreements, Local Government will be consulted where appropriate on the planning, management and delivery of services;

6.20 agree that bilateral agreements be consistent with national objectives as established in the National Commitment and include:

1. agreed objectives
2. financial arrangements
3. procedures for monitoring objectives and outcomes
4. provision for co-operative arrangements to accommodate developments favoured by one or more spheres of government
5. provision for nationally consistent statistical reports with a policy orientation
6. respective roles and responsibilities of parties subject to the agreements
7. the role of Aboriginal and Torres Strait Islander organisations in the delivery of programs and services

6.21 agree that agreements will identify more streamlined and co-ordinated approaches to planning and funding arrangements; and

6.22 agree that arrangements for particular projects or programs may be developed between ATSIC and State and Territory Governments or Local Governments and be the subject of agreements. These will conform to the principles set out in the multilateral National Commitment and relevant bilateral agreements.

7. Reporting and review

The governments of Australia:

7.1 agree that the Australian Aboriginal Affairs Council (AAAC) review annually progress in the achievement of improved outcomes in the delivery of programs and services for Aboriginal peoples and Torres Strait Islanders; and7.2 affirm their commitment to accountability in the provision of programs and services for Aboriginal peoples and Torres Strait Islanders.