Senate debates

Monday, 1 December 2014

Documents

Aboriginal and Torres Strait Islander Social Justice Commissioner

5:05 pm

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | | Hansard source

I move:

That the Senate take note of the document.

The report of the Australian Human Rights Commission, The social justice and native title report 2014,is very important. It is a very comprehensive report that reviews the year from a social perspective. It looks at the Racial Discrimination Act and proposed changes to racial hatred provisions. It talks about native title, creating safer communities, self-determination and a new era of Indigenous governance, and giving effect to the declaration. I will not have time to do full justice to this report, but there are some important areas that I thought I should talk about.

The first important area I thought I should talk about relates to the comments made by the Social Justice Commissioner, Mr Mick Gooda, on the Indigenous Advance Strategy and some of the budget measures, particularly the ones relating to Closing the Gap—because these are so critical. He makes the comments in the section about issues related to this year's budget measures. He talks about the Indigenous Advancement Strategy and says things like:

For Indigenous Affairs, it has been a year characterised by deep funding cuts, the radical re-shaping of existing programs and services, and the development of new programs and services.

…   …   …

Information on the transfer arrangements has been scant with minimal involvement of Aboriginal and Torres Strait Islander peoples. There was little or no consultation with those working at the coalface about which programs and activities were best kept together or which Departments were best placed to administer them.

It then goes on to say:

Importantly and unfortunately, this meant $534.4 million was cut from Indigenous programs from the PM&C and the Department of Health over five years …

The report then lists some of those programs. The commissioner then goes on to say:

It is disappointing that savings from the rationalisation of Indigenous programs and services will not be reinvested into Indigenous Affairs and Closing the Gap initiatives. In addition to the Indigenous Advancement Strategy, health funding for Aboriginal and Torres Strait Islander specific programs, grants and activities will be refocused under the 'Indigenous Australians Health Programme'. This is part of drawing up a new methodology for funding Indigenous health, flagged by the Budget. The methodology needs to align with the Health Plan, and the government must engage with the Aboriginal and Torres Strait Islander health sector during this process.

  …   …   …

This means respectful engagement with the Aboriginal and Torres Strait Islander community, particularly with the sector leadership, including in the areas of criminal justice, employment, education, early childhood and economic development.

Such engagement has been conspicuous by its absence before and after the announcement of the Budget. This should be rectified as a matter of urgency.

These are the words of the Social Justice Commissioner. He also talks about legal aid and says:

Notably, this includes a $13.4 million cut to the Indigenous Legal Aid and Policy Reform Program. These cuts will take effect from 1 July 2015.

He then talks about the programs that will have their funding cut. He says:

The government indicated that any cuts to ATSILS would only affect policy reform and advocacy work, not frontline legal services. However, the National Aboriginal and Torres Strait Islander Legal Services (NATSILS) has highlighted that the value of Indigenous legal services is that they provide 'strategic and well-informed advice about effective law and justice policies' to governments, leading to a reduction in the incarceration of Aboriginal and Torres Strait Islander peoples. The NATSILS has also stated concerns that the withdrawal of funding for law reform and advocacy positions will result in solicitors and legal officers, currently providing frontline services, assuming this work.

He also talks about the cuts to the National Congress of Australia's First Peoples and says about the Prime Minister's Indigenous Advisory Council and congress:

Despite claims that the IAC was never intended to replace Congress, the Coalition government created the IAC and removed the forward allocation of $15 million from Congress within a few months of coming to power. Further, the Prime Minister has met monthly with the IAC Chair, as stipulated in the terms of reference, during this reporting period. In contrast, Congress has reported that the Prime Minister has not met with the Co-Chairs of Congress at all since the election.

There is little doubt that the IAC members bring an impressive array of talent and experience to Indigenous issues. However, the different roles played by the IAC, as a strategic advisor, and Congress, as a representative voice, should be clarified and understood.

Many of the other areas of this report highlight concerns and important points such as the need for justice reinvestment and for better consultation with Aboriginal and Torres Strait Islander peoples. It is clear from this report that the Prime Minister for Aboriginal affairs has a long way to go before he will have put in place policies that address Aboriginal and Torres Strait Islander disadvantage. I seek leave to continue my remarks later.

Leave granted; debate adjourned.