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Editors --- "Provision of Services to Aboriginal People in Western Australia - The Issues, an Action Plan and Proposed Legislation - Digest" [1997] AUIndigLawRpr 4; (1997) 2(1) Australian Indigenous Law Reporter 106

Provision of Services to Aboriginal People in Western Australia -
The Issues, an Action Plan and Proposed Legislation

The Western Australian Government accepts responsibility for the provision of services to 48 Aboriginal communities. Other communities have been required to seek Federal funding for essential infrastructure such as housing and water. Since 1993, the WA Government has not progressed any more applications for land tenure from Aboriginal groups seeking to establish an outstation. ATSIC will only provide such services funding to communities which have secure title to their land. Against this background, the Shire of Halls Creek in the Kimberley region undertook legal action against the WA Government, claiming there had been a failure to fulfil its duties as a landlord.

This discussion paper has been developed in the context of all of the above, providing an intended outline of Government direction in new State Aboriginal Affairs legislation. The summary is reproduced below.

Summary

Part I: Introduction

The paper sets out the issues to be addressed, proposes an action plan for a whole-of-government approach to the provision of services to Aboriginal people, and outlines proposed Aboriginal Affairs legislation as a basis for discussion with government agencies and Aboriginal peak bodies and communities.

It seeks to respond to recommendations put forward by the Task Force on Aboriginal Social Justice (the Daube Report), the Chief Executive Officer's Working Party on Essential Services (the Hames Report) and numerous reports and recommendations from consultants and Aboriginal groups.

The proposals are also consistent with the 1992 "National Commitment to Improved Outcomes in the Delivery of Programs and Services to Aboriginal People And Torres Islanders" endorsed by all Australian Governments.

Following consultations with and comments from the key stakeholders, particularly Aboriginal communities, refined proposals are to be submitted to the Minister for consideration by Government. The proposals will enable a whole-of-government action plan to be implemented and will provide a basis for a bilateral agreement with the Commonwealth Government to establish funding arrangements.

Part II: Issues To Be Addressed

General

• Basic State and Local Government essential services to non-urban Aboriginal communities continue to lag behind those provided to the wider community. Environmental health standards are poor in many communities.
• Aboriginal people in metropolitan and other urban areas have access to most essential services but there are impediments to their use of those services.
• Movement of Aboriginal people back to traditional areas to escape problems of alcohol and violence in large, mixed communities has resulted in social and cultural benefits but has also created problems in providing services to many small and often isolated communities.
• The past dispersion of Aboriginal tribal and language groups among communities away from traditional areas has created major social problems. A key issue for governments is the extent to which Aboriginal people want to re-establish links with family, language group and country and how this may be accommodated in the overall planning process.
• Community planning, town layout plans, dwelling design and service provision generally must have regard to family and cultural factors which can result in large, temporary fluctuations in community populations.
• Efforts by State and Commonwealth agencies to redress service inadequacy are poorly coordinated, frequently given low priority by agency management and are ad hoc rather than in response to agreed, long term objectives.
• Outlays on provision of basic services and housing to Aboriginal communities have not been supported by regular maintenance and this has resulted in early break down and costly replacement.
• Funds for service provision are not unlimited. If too widely dispersed, a lower quality of life results for all communities. Priority should be given to provision and proper maintenance of services in larger, permanent Aboriginal communities.
• Provision of services needs to be based on a long-term plan aimed at ensuring access by Aboriginal people to services to standards comparable with those available to non-Aboriginal communities of similar size and location.
• Decisions by small groups to relocate to areas remote from service centres involves a compromise between their desire to live apart from larger social groups and the level of services they might reasonably expect from governments.

Aboriginal Services Planning

• A whole-of-government approach to service delivery is required for the State based on an overall strategic plan. There is a need for development plans based on assessments of need which can provide the basis for coordinated program formulation by the three levels of government.
• Guidelines should be developed to resolve the issue of the relative level of service provision in smaller communities or outstations as distinct from larger communities to which smaller associated communities would have access.
• A coherent planning framework emphasising community self-management would enable services to be better targeted, less costly, more uniform and capable of provision over a planned timeframe reflecting resources available.
• Town plans need to be framed with sensitivity to the cultural needs of Aboriginal family groups.

Program Formulation

• Joint planning and program setting processes need to be established with agencies listening and responding to Aboriginal views.
• Effective coordination of efforts by all levels of government and their agencies requires collaboration and agreement at the program formulation stage.
• A bilateral agreement between Commonwealth and State Governments would specify the responsibilities of each government and identify funding arrangements.

Service Delivery

• Service delivery should be based on full participation by Aboriginal communities in decision making and on self-management of community affairs.
• Few Aboriginal communities benefit from Local Government services. Delineation of townsites, excision and appropriate vesting of public land and payment of rates and charges would facilitate Local Government involvement.
• A key objective of service delivery should be to maximise employment of Aboriginal people.
• Education and training for community management and essential services operation and maintenance is a central requirement.
• Effective financial control, monitoring and accountability procedures must be established at all levels.
• There must be close collaboration between AAD and ATSIC and with Aboriginal communities in program formulation, implementation and outcome monitoring.

Economic and Social Development

• Economic and social development of communities are interdependent and inseparable.
• Aboriginal enterprise will be furthered by State agencies promoting on-the-job training, Aboriginal construction and maintenance teams and service delivery by Aboriginal people.

Part III: Responding to the issues

Information and Planning

• Development of community plans for urban and remote communities, associated groups of communities and regions is central to formulating a State action program.
• Community plans would be compiled by communities assisted by AAD and ATSIC regional representatives.
• Orderly development and operation of larger Aboriginal settlements requires increased emphasis on town planning sensitive to Aboriginal social and cultural needs.
• Provision of normal services to Aboriginal communities will require decisions by communities as to the appropriate form of land tenure for the townsite area.

Program Formulation

• The object is to develop a culturally relevant 10 year plan for provision of essential services to all Aboriginal communities. Effective co-ordination of policies and services provision by all participants requires adherence to an agreed program to achieve planned outcomes.
• The basic planning unit should be 10 year Service Plans for communities based on projected population data and assessments of needs.
• Plans embracing large or base communities and associated small communities should be developed on a sub-regional basis identifying priorities.
• Regional plans should be developed by aggregating community service plans and regional services, establishing priorities and realistic service targets. Good regional and sub regional planning is the key to an effective State Plan.
• Regional planning forums should be widely representative of Aboriginal regional bodies, ATSIC and AAD regional representatives and Commonwealth, State and Local Government Agencies involved. They should be supported by an AAD/ATSIC secretariat group.
• Issues relating to the appropriate level of services for outstations and mobile groups would be addressed at the regional level.
• Aggregation of regional plans will enable formulation of a ten year State Aboriginal Communities Program. This will provide the basis for coordinating the programs of Commonwealth, State and Local Governments.
• Development of a comprehensive State plan would be a complex task that would take time. It may therefore be desirable for specific programs and communities to be selected to pilot the process.
• The ten year State program would be essentially a planning tool, it could not commit Governments to funding ahead of annual budget provisions.
• The State program would provide the basis for a bilateral agreement if endorsed by Commonwealth and State Governments for joint long term planning and coordinated action.
• The terms of the bilateral agreement would enable the development of three year rolling programs based on the respective Government's forward estimates. Variations to the three year rolling programs consequent upon annual budget allocations would primarily vary the timing of program implementation.

Program and Service Delivery

• Program delivery would remain the responsibility of the agency concerned in line with the approved program.
• Ongoing liaison with and assistance to communities must be an integral part of programs to ensure the social development of communities and to enable effective use and maintenance of services.
• Protocols of conferring with community management should be observed to ensure required outcomes are achieved.
• AAD should have statutory responsibility for the lead agency role for administration of the program. As ATSIC has a corresponding role for the Commonwealth, close liaison between the lead agencies and common development of procedures will be necessary.
• Provision and maintenance of housing and essential services to discrete Aboriginal communities should be the responsibility of an Aboriginal Communities Infrastructure Council comprising the present Aboriginal Housing Board augmented by a limited number of persons with experience in remote area construction and operations.
• The Council should continue to perform the present function of the Aboriginal Housing Board in relation to Homeswest activities.
• In addition to provision of essential services, the council would promote community self management of assets and the training of Aboriginal construction, operating and maintenance teams. It should encourage and facilitate home ownership by Aboriginal families.
• Equitable servicing of Aboriginal communities and self determination requires the development of a consistent policy for the payment of rents, rates and charges, having regard to capacity to pay.

Economic and Social Development

• The poor social outcomes in many communities will be redressed more rapidly by positive steps to promote employment and self sufficiency than by welfare programs.
• Aboriginal enterprise can be promoted through the proposed policy of establishing regional construction and maintenance contracting teams with on-the-job training linked with courses provided by training agencies.
• With appropriate funding and support, a number of support programs currently administered by State agencies could be taken over and administered successfully by Aboriginal communities.
• There is a need to develop a more coordinated approach by Commonwealth and State economic development agencies in the promotion and support of Aboriginal enterprise.

Part IV: Aboriginal Affairs Legislation

• The Aboriginal Affairs Planning Authority Act 1972 should be repealed and replaced by a new Aboriginal Affairs Act. Features of the 1972 Act that should be discarded and those that should be retained in a new Act are identified in the paper.
• Only the basic issues that should be reflected in a new Act are noted, pending discussion with and advice from Aboriginal groups on the issue.
• The Aboriginal Lands Trust is currently under review. Recommendations from that review body could be incorporated in the new Aboriginal Affairs Legislation.
• The new legislation should not derogate from any rights, interests or privileges presently available to Aboriginal people.
• The positive recognition given to Aboriginal customary law and traditional culture by the AAPA Act should be retained.
• The new legislation should:

• Define the role of the Aboriginal Affairs Department as the lead agency responsible for the effective whole of government approach to Aboriginal affairs;
• Lay down accountability requirements in relation to overall program planning, co-ordination, monitoring and reporting on outcomes;
• Establish the proposed Aboriginal Communities Infrastructure Council.
• The Aboriginal Communities Act also needs to be reviewed in parallel with the AAPA Act in the course of consultation with Aboriginal communities.