Social Justice Report 2003: SUMMARY SHEET FIVE: REVIEW OF ATSIC
Commission – General
Media Pack:
SUMMARY SHEET FIVE: REVIEW OF ATSIC
The Social Justice Report 2003 supports the following recommendations of the ATSIC Review Team:
- to retain ATSIC's 35 Regional Councils and accord higher priority to the Regional Council planning process as the basis of national policies;
- to reunify ATSIC and ATSIS in one organisation;
- to retain the conflict of interest directions within ATSIC (p95).
'In supporting the reunification of ATSIC and ATSIS, I support the retention of the conflict of interest directions within ATSIC by which ATSIC's elected representatives would continue to set policy priorities and to decide the broad program allocation of funding but not have any involvement in making individual funding decisions. The reunification of ATSIC's structure would overcome a potential tension that has been created through the creation of ATSIS whereby it is required to 'take all reasonable steps to ensure that ATSIS conforms to the policies and strategic priorities established by ATSIC' on the one hand, and 'coordinate its activities to achieve effective synergies with overall Government policies and priorities as well as have appropriate regard to overall Government policies and priorities' on the other hand' (p95).
The report also identifies significant problems with the proposals of the ATSIC Review Team:
'I also have reservations about the Review Team's proposals for the creation of a national body and national executive in the format that they propose. I also consider that the Review Team's model does not provide adequate support to ATSIC's national structure and consequently would not provide ATSIC with sufficient leverage or powers to undertake a broader role of monitoring performance by other government agencies (at all levels) and in setting priorities to apply across government'(pp95-96).
There must be sufficient attention paid to the importance of ATSIC maintaining a strong voice at the national level. Any diminution of ATSIC's role at the national level will ultimately affect its ability to influence the national policy agenda and will lead to less effective advocacy for Indigenous peoples. This will be the case even where a diminution of the national focus is accompanied by an enhanced role for regional councils (p100).
ATSIC's existing powers should be enhanced by strengthening the scrutiny role of ATSIC over service delivery and program design by other government departments. This could be achieved through amendments to the ATSIC Act which:
- empower ATSIC to set the objectives and guiding principles for service delivery to Indigenous peoples across all issues (which they can do under the present legislation), but also to empower them to be able to develop legally binding directions for service delivery agencies that accord with these principles;
- require the Minister to table in Parliament all such directions set by the ATSIC Board;
- provide that all directions issued by the ATSIC National Board and subsequently tabled in Parliament have the status of legislative instruments (or delegated legislation);
- require all government departments to include in their annual reports to Parliament information as to how they implement the directions of the ATSIC Board in delivering relevant services and programs;
- empower ATSIC to evaluate how government departments and agencies (at all levels) comply with these directions in delivering services;
- provide for regular scrutiny of compliance with these directions by the Australian National Audit Office or through an enhanced Office of Evaluation and Audit within ATSIC; and
- provide for scrutiny processes by the Parliament, including through ATSIC reporting to Parliament about deficiencies in department's complying with directions and for parliamentary committees to scrutinise the actions of departments through specific inquiries or senate estimate processes. (pp100-101).
The report supports enhancing the structure of ATSIC for interface with state and territory government through improved support for ATSIC's State Advisory Committees (p102). It also supports the ATSIC Review report's emphasis on the need for enhanced powers at the regional level and for input from the regional and local levels to inform policy development and decision-making processes at the state/territory and national levels (p 103).
Overall, 'the ATSIC Review goes part of the way to identifying an agenda for change to ATSIC. There is, however, a need to go beyond what the Review Team have proposed and ensure that there is no relative weakening in ATSIC's national structure, while also increasing the focus on supporting innovation at the regional level.'
'Reform of ATSIC is a critical aspect in achieving the effective participation of Indigenous peoples in decision making processes and supporting sustainable development. The extent to which the government supports ATSIC over the coming year to more effectively drive an agenda for change, including by providing it with sharper legislative powers, will be the litmus test of their commitment to achieving sustainable improvements in Indigenous communities' (p105).