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Social Justice Report 1998 : Appendix 4: Summary of Governments' Responses to Recommendations

Social Justice Report 1998

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    • Appendix 4: Summary of
    Governments' Responses to Recommendations

    This table provides
    a collective overview of the responses made by governments to the Inquiry's
    Recommendations. Analysis of government responses together with details
    of individual government initiatives, where they are known, are provided
    in the body of the Implementation Report.

    NO.

    RECOMMENDATION

    STATUS
    OF GOVERNMENTS' RESPONSES TO RECOMMENDATIONS

    1.

    Recording
    Testimonies

    No COAG determination.
    $1.6 million over 4 years from the Commonwealth to the National
    Library to run an oral history project. States and territories
    back national approach; minimal states and territories action,
    though individual funding available in Qld.

    2a.

    Procedure
    for Implementation - COAG working party

    Not implemented.

    2b.

    Procedure
    for Implementation - est. Audit Unit in HREOC

    Not implemented.

    2c.

    Procedure
    for Implementation - ATSIC funding of peak Indigenous organisations.

    Not implemented.

    2d.

    Procedure
    for Implementation - reporting obligations to Audit Unit

    		 Not
    implemented.

    3.

    Components
    of Reparations

    		 Need
    to apologise accepted by most Governments; no support for monetary
    compensation - 'watching brief' adopted in respect of ongoing litigation.

    4.

    Claimants
    - reparation for those who suffered

    		 As
    above.

    5a.

    Acknowledgment
    and Apology: Parliaments

    		 By
    all except Commonwealth and Northern Territory.

    5b.

    Acknowledgment
    and Apology: Police Forces

    		 Only
    in NSW.

    6.

    Acknowledgment
    and Apology: Churches and Others

    		 All
    churches have done so; indeterminate in respect of relevant NGOs.

    7a.

    Commemoration
    - 'Sorry Day'

    Marked on
    26 May 1998; undecided whether to be annual.

    8a.

    School
    Education - compulsory courses on history of stolen generations

    		 Indigenous
    issues courses are compulsory only in NSW, SA, and TAS.

    8b.

    School
    Education - AIATSIS

    		Not
    implemented.

    9a.

    Professional
    Training - professional bodies

    		 No
    national action; considered best left to peak bodies themselves.

    9b.

    Professional
    Training - under-graduates

    		 Already
    instituted in some jurisdictions; for tertiary institutions to decide.

    10.

    Implementation
    of Genocide Convention

    		 Not
    implemented. Commonwealth claims no genocide occurred, therefore
    no need to implement the Convention.

    11.

    Assistance
    to Return to Country

    Not directly
    implemented. Limited indirect implementation under Recs 12(a)
    and (b) below.

    12a.

    Language,
    Culture and History Centres - national

    		 Commonwealth:
    $9 million over 4 years to be provided through ATSIC (no 'new' money
    provided).

    12b.

    Language,
    Culture and History Centres - local

    		 Few
    state and territory initiatives; reliance on Commonwealth.

    13.

    Indigenous
    Identification by Link-Ups and ACCAs

    		 It
    is already generally the case that such organisations are empowered
    to certify Indigenous descent. However, verifying claims is very
    resource-intensive and not the primary function of these bodies.

    14.

    Heads
    of Damage

    		 No
    monetary compensation provided by any Government.

    15.

    National
    Compensation Fund

    Not implemented.

    16a.

    National
    Compensation Fund Board - establishment

    		 Not
    implemented.

    16b.

    National
    Compensation Fund Board - composition

    		 Not
    implemented.

    17.

    Procedural
    Principles

    		 Not
    implemented.

    18.

    Minimum
    Lump Sum

    		 Not
    implemented.

    19.

    Proof
    of Particular Harm

    		 Not
    implemented.

    20.

    Civil
    Claims

    		 A
    no. of civil claims currently being pursued in NSW and Federal Court.
    Litigation contemplated in WA.

    21.

    Destruction
    of Records Prohibited

    		 Varies
    across jurisdictions; most agree to some limitation.

    22a.

    Record
    Preservation - indexing

    		$2.0
    million over 4 years provided by the Commonwealth to NAA; patchy
    provision in states and territories.

    22b.

    Record
    Preservation - finding aids

    		 Commonwealth:
    as above; provided in Qld, Vic & NT.

    23.

    Joint
    Records taskforces

    Instituted
    in most jurisdictions.

    24.

    Interstate
    Enquiries

    		 No
    formal implementation; apparently informal exchanges operate.

    25.

    Minimum
    Access Standards

    		 Not
    implemented; but certain standards in place in some jurisdictions
    (eg Qld & NT); no fees or minimal fees across jurisdictions.

    26.

    FOI Legislation
    in the N.T.

    Not implemented.
    No plans to do so.

    27.

    Indigenous
    Family Information Service

    		 'Family
    stop shop' not generally instituted; is often (sometimes unavoidable)
    need to direct applicants elsewhere.

    28.

    Training

    		 Specifically
    provided for in Vic.; recognised as a need in Qld.

    29a.

    Indigenous
    Repositories

    Not implemented;
    though Vic and Qld have sound links with NGO repositories and/or
    provide record keeping services to NGOs.

    29b.

    Indigenous
    Repositories

    		 Not
    implemented.

    30a.

    Establishment
    of Family Tracing and Reunion Services

    		 Not
    implemented at the local level. Envisaged. Where they exist, Link-Up
    organisations perform this role at state and territory level (eg
    NSW & Qld).

    30b.

    Establishment
    of Family Tracing and Reunion Services - functions

    		 Partial
    implementation. Some of the 14 functions listed are undertaken by
    Link-Ups; funding in all cases is adequate to provide all or most
    of these functions.

    31a.

    Return
    of those Removed Overseas - special visa

    		 Commonwealth
    claims already provided for.

    31b.

    Return
    of those Removed Overseas - citizenship

    		 Commonwealth
    claims already provided for.

    31c.

    Return
    of those Removed Overseas - enactment of Commonwealth legislation

    		 Commonwealth
    legislation enacted: International Transfer of Prisoners Act
    1997    .

    32.

    Research

    		 Commonwealth
    provision of $5.9 million to Dept of Health and Family Services
    - research underway.

    33a.

    Indigenous
    Well-Being Model

    		 Sentiment
    supported; indeterminate action taken by all governments.

    33b.

    Indigenous
    Well-Being Model - funding to Indigenous community-based services

    		 Indeterminate,
    but certainly not all funding so directed. It is yet unclear precisely
    how the Commonwealth's new regional health centres will be structured
    and where the 50 new health counsellors will be located.

    33c.

    Indigenous
    Well-Being Model - specialist mental health services

    		 Expansion
    of Commonwealth regional health centres (from 11 to 14: 3 new centres
    in NSW, Qld & WA - $17.25million over 4 years; 50 new counsellors
    to be engaged by Commonwealth ($16 million over 4 years).

    34a.

    Health
    Professional Training

    		 Not
    implemented.

    34b.

    Health
    Professional Training

    Not implemented,
    though some such training provided in individual institutions
    and courses.

    35.

    Mental
    Health Worker Training

    		 Indeterminate.

    36.

    Parenting
    Skills

    		 Not
    implemented through COAG; Commonwealth Dept of Health is funding
    research into Aboriginal parenting models.

    37.

    Prisoner
    Services

    		 Not
    implemented through COAG.

    38a.

    Private
    Collections

    		 Not
    implemented, though some transfers have occurred (eg Victoria) as
    well as access being otherwise provided through state or territory
    provisions (eg NSW).

    38b.

    Private
    Collections

    		 Partial
    implementation: governments providing assistance to private bodies
    to different degrees and in various forms.

    38c.

    Private
    Collections

    Sporadic
    implementation.

    39.

    Application
    of minimum Standards and Common Guidelines

    		 Not
    implemented.

    40a.

    Counselling
    Services - Churches and NGOs

    		 Not
    implemented except indirectly in so far as access (and therefore
    subsequent counselling if available) is obtained through public
    procedures.

    40b.

    Counselling
    Services - Churches and NGOs

    		 Uncertain
    of extent.

    41.

    Land Holdings

    		 Not
    implemented.

    42.

    Social
    Justice

    Procedure
    to develop social justice package not implemented. Pursing implementation
    RCADIC Recs ongoing.

    43a.

    Self-Determination
    - national framework legislation

    Not implemented.
    Actively rejected by Commonwealth, Qld & Vic.

    43b.

    Self-Determination
    - national framework legislation, principles

    		 Not
    implemented.

    43c.

    Self-Determination
    - negotiations on transfer of authority

    		 In
    place in certain programs across jurisdictions.

    44.

    National
    Standards for Indigenous Children

    		 Not
    implemented. Actively rejected by Commonwealth, Qld & Vic.

    45a.

    National
    Standards for Indigenous Children Under State, Territory or Shared
    Jurisdiction

    		 Not
    implemented.

    45b.

    National
    Standards for Indigenous Children Under State, Territory or shared
    Jurisdiction

    		 Not
    implemented.

    46a.

    Standard
    1: Best Interest of the Child Factors

    		 Not
    implemented; though principle is applied in Australian family law.

    46b.

    Standard
    1: Best Interest of the Child Factors - criteria

    		 Not
    directly implemented. The criteria indicated, however, are contained
    within the ACPP which, to varying degrees, is implemented in each
    jurisdiction.

    47.

    Standard
    2: When Best Interests are Paramount

    		 Not
    directly implemented, though the various child welfare and care
    and protection laws & policies across Australia address the
    issue to different extents.

    48.

    Standard
    3: When Other Factors Apply

    		 Not
    directly implemented. The mandatory sentencing laws in WA &
    NT contradict this Recommendation.

    49.

    Standard
    4: Involvement of Accredited Indigenous Organisations

    		 Not
    implemented. Though obligatory involvement not instituted, optional
    and/or discretionary provision usually made.

    50.

    Standard
    5: Judicial Decision-Making - representation in court

    Not implemented.
    Though legal representation of Indigenous children in family,
    care & protection and juvenile justice often provided or made
    available.

    51a.

    Standard
    6: Indigenous Child Placement Principle

    Statutory
    in NSW, NT, SA, Tas, & Vic; broadly implemented across all
    jurisdictions.

    51b.

    Standard
    6: Indigenous Child Placement Principle

    		 As
    above; excepting minor differences, Placement Principle broadly
    implemented across all jurisdictions.

    51c.

    Standard
    6: Indigenous Child Placement Principle

    		 As
    above; excepting minor differences, broadly implemented across all
    jurisdictions.

    51d.

    Standard
    6: Indigenous Child Placement Principle

    		 As
    above; excepting minor differences, Placement Principle broadly
    implemented across all jurisdictions.

    51e.

    Standard
    6: Indigenous Child Placement Principle

    As above;
    excepting minor differences, Placement Principle broadly implemented
    across all jurisdictions.

    52.

    Standard
    7: Adoption a Last Resort

    		 Broadly
    implemented.

    53a.

    Standard
    8: Juvenile Justice

    Not implemented.

    53b.

    Standard
    8: Juvenile Justice Rules

    Many considered
    already to be in place within individual jurisdictions. Query
    mandatory sentencing laws in NT & WA.

    54.

    Family
    Law

    		 Not
    implemented.

    4
    April 2003.