Australian Indigenous Law Reporter
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On 15 August 1996, the Minister for Aboriginal and Torres Strait Islander Affairs, Senator John Herron, requested The House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs to investigate and report on greater autonomy for Torres Strait Islanders. The report covers the current situation of Torres Strait Islanders, the meaning of "autonomy" and possible benefits of greater autonomy, a proposal for a Torres Strait Regional Assembly as a vehicle for greater autonomy for residents of the region, the potential for greater economic autonomy in the region, ways of enhancing autonomy for Torres Strait Islanders on the mainland and the processs of achieving greater autonomy. The summary and recommendations are reproduced.
4. This chapter describes the geography and the people of the region. There are about 5700 Torres Strait Islanders (the traditional inhabitants of the region who are of Melanesian origin) who live in the region and they make up about 80% of the total population of the region. The people have a strong and unique culture which continues to develop. It is known collectively as Ailan Kastom.
5. In addition, about 600 Aboriginals are traditional inhabitants of the southern part of the Torres Strait region. There are also many visitors to the region from Papua New Guinea. While numbers fluctuate, many of these are long term residents. Another 23,000 people living on the mainland identify as Torres Strait Islanders.
6. The region is a melting pot of different backgrounds and cultures. The Committee believes that all the permanent residents of the region who are Australian citizens should have equal rights. Greater regional autonomy should be on the basis of residence rather than on any cultural basis.
7. The chapter describes existing institutions in the Torres Strait region including the 17 island councils, the Torres Shire Council, the Island Coordinating Council, the Torres Strait Regional Authority and various state and federal government agencies active in the region. The role of ATSIC (the Aboriginal and Torres Strait Islander Commission) is described as it provides services to mainlander Torres Strait Islanders. Mainlanders are currently served by the Torres Strait Advisory Board (TSIAB) of ATSIC and by the Office of Torres Strait Islander Affairs (OTSIA) within ATSIC.
8. The chapter includes a chart showing the history of the region. It identifies steps on the path to greater autonomy.
9. The chapter looks at various meanings of `autonomy' and potential benefits which might flow from greater autonomy. Autonomy means different things to different people, with definitions variously focusing on political/structural, economic and cultural themes. The word is commonly used to mean enhanced self-government within Australia. `Autonomy' is also used to mean better influence and control over policy and programs developed by Commonwealth, State and local governments. Some people consider that autonomy means more say in decisions about resources in the region. Others concentrate on the separateness of Torres Strait Islanders as a distinct culture.
10. One of the central problems of the inquiry was who should be given greater autonomy. Should it only be for the indigenous inhabitants of the region? The Committee considers that there can be no real autonomy unless it applies to all the residents of the region. The sort of autonomy which will be achieved through the establishment of a regional assembly may be a first step towards a more absolute autonomy. For example, in the future there may be greater economic independence in the region and this may lead to calls for territory status. The basis on which greater autonomy is achieved now should be seen as a building block for the future. It would be a backward step to build such autonomy on an institution catering for only part of the population.
11. The chapter concludes with an overview of the benefits greater autonomy might deliver to the people of the Torres Strait. Achieving greater autonomy might be seen as returning a traditional right once held by the people of the region. Returning the right of autonomy is part of reconciliation. It will also put Torres Strait Islanders in charge of their cultural development. Decisions affecting every day life including those concerned with government services, should be taken by the residents of the region. They are likely to be better decisions and better meet the needs of the people.
13. This chapter outlines a proposal for a Torres Strait Regional Assembly to be a joint Commonwealth-State regional Organisation. It would carry out the existing functions of the TSRA, the ICC and the Torres Shire Council. It would also have an enhanced role in consulting with and advising Commonwealth and State government agencies operating in the region.
14. Establishing such a body would require consultation between the Commonwealth and Queensland. There would need to be complementary Commonwealth and Queensland legislation and the assembly would be responsible to both Commonwealth and Queensland ministers.
The Committee recommends that the Commonwealth Government negotiate the establishment of a joint statutory agency (the `Torres Strait Regional Assembly') with the Queensland Government to represent all residents of the Torres Strait area and to replace the Island Coordinating Council, the Torres Strait Regional Authority and the Torres Shire Council. [p. 52]
15. The population of the region is relatively small and it is not efficient to have three institutions developing policy and providing services. In order that a single new institution can provide all the necessary services, it would have to be a democratic organisation.
16. While the Committee believes the assembly's form would need to be determined by the local people in consultation with the Commonwealth and Queensland governments, it sets out a recommendation for the representation on the new assembly.
The Committee recommends that the proposed Torres Strait Regional Assembly consist of: one representative elected Torres Strait Island Council electorate; three representatives elected from Thursday Island; and two representatives elected from the residents of Horn and Prince of Wales Islands. All qualified voters should be eligible to be elected to the Regional Assembly, including those also running for office on island councils. Elections for the Regional Assembly should be held at the same time as island council elections. [p. 55]
17. The chapter continues with a consideration of the detailed functions of the proposed regional assembly.
The Committee recommends that the statutory functions of the proposed Torres Strait Regional Assembly be to:
* formulate policy and implement programs for the benefit of all people living in the Torres Strait area;
* accept grants gifts and bequests made to it;
* act as trustee of money and other property vested in it on trust and accept loans of money from both the Commonwealth and Queensland Governments, or other approved sources;
* expend monies in accordance with the terms and conditions on which the money is received;
* develop policy proposals to meet national, state and regional needs of people living in the Torres Strait area;
* advise the responsible Commonwealth and Queensland Ministers on matters relating to the Torres Strait area, including the administration of legislation and the coordination of the activities of all government bodies that affect people living in the Torres Strait area;
* undertake activities on behalf of one or more island councils for such purposes as are requested of it by the council or councils concerned;
* have power to delegate to and contract with island councils;
* establish and operate such businesses as the Regional Assembly thinks fit for the benefit of the people of the region and
* have and discharge the functions of local government within the region, except in areas covered by the Community Services (Torres Strait) Act 1984 (Qld) and the Community Services (Aborigines) Act 1984 (Qld).
* The final description and detail of these functions is to be negotiated by the Commonwealth and Queensland Government and the people of the Torres Strait area. [p. 57]
18. The powers and operations of the regional assembly are then considered. Maximum community involvement in the assembly will ensure the people have greater autonomy than they presently enjoy. The Committee believes the assembly should conduct its business in public with a parliamentary style of organisation. One consequence of the establishment of the assembly would be the end of the current Torres Shire Council.
The Committee recommends that the Commonwealth Government negotiate with the Queensland Government to abolish the Torres Shire Council on the basis that the Council's existing functions be transferred to the proposed Torres Strait Regional Assembly. [p. 61]
19. Because the Committee believes the new assembly should represent the whole population of the region, there would need to be changes to amend current rules regarding non indigenous candidates for election. This is a matter for the Queensland Government and the Committee's recommendation is phrased accordingly.
The Committee recommends that the Commonwealth Government negotiate with the Queensland Government to amend the Community Services (Torres Strait) Act 1984 (Qld) to enable non-indigenous electors on each Torres Strait Island Council electors' roll to run for office on island councils. [p. 61]
20. The success of the new regional assembly would depend to some extent on the funds made available to it. Funding to support services in the region currently comes from the Commonwealth and Queensland governments. Such funding should continue to be provided to the assembly. In the early years of the new institution there will be a need for supplementary funding which is discussed in more detail in chapter 5.
21. The Committee believes that eventually the regional assembly should receive untied grants from the Commonwealth and Queensland. The assembly itself should decide how the money should be spent. True autonomy will not be a reality until this happens. Again, such arrangements will have to be negotiated with the Commonwealth and Queensland governments.
The Committee recommends that the Commonwealth Government and the Queensland Government will block grant funding to the proposed Torres Strait Regional Assembly. The goal being to devolve maximum authority Regional Assembly to determine the priorities for the allocation of funds consistent with appropriate Commonwealth or Queensland Government accountability requirements. [P63]
22. One of the important functions of the regional assembly is the protection and promotion of the unique Torres Strait culture - the body of traditions, beliefs, art and practices which is known as Ailan Kastom. The Committee suggests that the assembly should establish a forum of elders from both the region and mainland to be responsible for this very important function. The forum would act as a cultural council. It would be up to the regional assembly to determine what the forum's duties should be and how it should carry out its functions. Nevertheless, the Committee makes a recommendation setting out a possible methodology.
The Committee recommends that the proposed Torres Strait Regional Assembly sponsor a Cultural Council consisting of Torres Strait Islanders from the Torres Strait and the mainland. The Cultural Council should meet annually and advise the Regional Assembly on how to promote and maintain the Ailan Kastom of Torres Strait Islanders. The costs associated with the involvement in the Cultural Council of Torres Strait Islanders living on the mainland should be borne by the Torres Strait Islander Advisory Board. [p. 641]
23. One of the functions of the regional assembly would be to maintain links with the Torres Strait Islanders on the mainland. The Committee envisages that a member of the regional assembly could be elected to represent the region on the ATSIC Board of Commissioners. This should be a matter for the Assembly to decide. Similarly, a Torres Strait Islander from the mainland, preferably the Chairman of the TSIAB, could be given observer status on the assembly.
The Committee recommends that the proposed Torres Strait Regional Assembly grant observer status to the Chairman of the Torres Strait Islander Advisory Board. [p. 66]
24. Again, the Committee emphasises that many of the structural changes proposed in order to provide greater autonomy for Torres Strait Islanders are outside the Commonwealth's jurisdiction. A successful outcome will depend on the Queensland government agreeing with the proposals. Consultation and negotiation between the Commonwealth and Queensland governments, together with consultations and negotiation with the people of the Torres Strait, are essential.
25. A regional assembly, once achieved, would not be a static body. Because there are no similar structures in Australia, the Committee considers that there should be a review of the assembly after three years.
The Committee recommends that after three years of operation, the proposed Torres Strait Regional Assembly report to the responsible Commonwealth and Queensland government ministers on any modifications necessary to the structure and processes of the Regional Assembly to improve the effectiveness of the Regional Assembly's operation and its ability to reflect the wishes of the residents of the Torres Strait region. [p. 67]
26. While the previous chapter considered a model for promoting political autonomy in the region, this chapter considers initiatives which could encourage greater economic autonomy.
27. The Committee considers that the residents of the Torres Strait region should get a fairer share of Commonwealth funds allocated to the Aboriginal and Torres Strait Islander portfolio. In particular, a proportion of the additional $15 million per year for four years allocated in the 1997-98 budget, should be earmarked for the region.
The Committee recommends that the Aboriginal and Torres Strait Islander Commission allocate at least 2.7% of the additional $15 million funding provided to the Aboriginal and Torres Strait Islander portfolio in the 1997-98 budget to the Torres Strait Regional Authority. Such an allocation should be continued for the period of the fixed term funding agreement.
When the Torres Strait Regional Assembly, as described by the Committee is established, then the above funds should be allocated to the Assembly for Torres Strait Islander and Aboriginal specific works particularly to help achieve more effective employment training and health care programs. [p. 70]
28. The chapter looks at Commonwealth funding provided through various agencies to the region. The Committee considers that there is a need to develop the private sector in order to enhance the region's economic independence and capacity for self-government.
29. At the same time the Committee recognises that there are many institutional barriers to the growth of the private sector in the region. One such barrier is that of employment opportunities and the lack of training available to young people. The Committee recommends that the regional assembly address this issue.
The Committee recommends that the Regional Assembly, when established, develop programs, in consultation with Island Council and appropriate Commonwealth and Queensland agencies, to enhance the training and apprenticeship positions available for people living in the Torres Strait region. [p. 72]
30. The chapter looks at the fishing industry which has a great potential to improve the economic self reliance of the region. Again, training is necessary to maximise opportunities for people in the region.
The Committee recommends that the Torres Strait Regional Authority allocate a proportion of the additional funding detailed in Recommendation 10 above to allow the Torres Strait Island Fisheries Training Project to commence. The Torres Strait Regional Authority (and later the Torres Strait Regional Assembly) should investigate the possibility of establishing joint ventures to ensure that the three prawn fishing licences allocated to Torres Strait Islander and Aboriginal inhabitants of the Torres Strait can be used to the benefit of these people. [p. 75]
31. The chapter then considers the range of regional organisations in the Torres Strait and looks at enhancing the involvement of local people in decision making. The proposed Regional Assembly should be an integral part of this process.
The Committee recommends that the Torres Strait Regional Assembly develop generic guidelines for negotiation with people of the Torres Strait region, that can be used by Commonwealth and State agencies which are developing policies that particularly affect the region. Until the Regional Assembly is established, the above task should be conducted by the Torres Strait Regional Authority, in conjunction with the Island Coordinating Council. [p. 78]
32. The Committee then considers the difference between community control and autonomy. The former refers to management and administration of programs by Torres Strait Islanders. While this is not the same thing as political autonomy, it is an important concept for the future of Torres Strait Islanders. Where Torres Strait Islanders can be employed in government positions in the region, they should be. It will be necessary to provide suitable training so that this goal can be realised. It is also important that government agencies aim to have a presence in the region wherever possible.
The committee recommends that commonwealth agencies with staff positions in the Torres Strait region should ensure that an important selection criterion for all such positions is that applicants have a demonstrated knowledge and understanding of Torres Strait Islander and Aboriginal cultures and proven ability to communicate with Torres Strait Islander and Aboriginal people (or words to that effect). [p. 81]
The Committee recommends that those commonwealth agencies that employ Torres Strait Island and Aboriginal residents in the Torres Strait region, develop cadetships and training programs for those employees, with the goal of extending their representation at all levels and in all occupational groups with the agencies. [p. 82]
33. Another issue related to greater autonomy is the health status of Torres Strait Islanders. The Committee considers the unfavourable health statistics for the region and looks at the relevance of autonomy to this aspect of people's lives.
The Minister for Aboriginal and Torres Strait Islander Affairs should seek the agreement of appropriate Queensland Ministers that Queensland agencies which deliver services to the Torres Strait Region develop charters committing the agencies concerned to involving the residents of the Torres Strait in the planning administration and delivery of those services to the region. [p. 86]
34. There were some calls during the inquiry for greater autonomy to include Torres Strait Islanders on the mainland. Because the Committee has proposed a political model for greater autonomy in the region, the options for including mainlanders in this regional government are necessarily limited. Therefore the Committee has focused on solutions to give mainlander Torres Strait Islanders greater autonomy over their own affairs.
35. The Committee is not satisfied that the current ATSIC arrangements for representing the interests of mainland Torres Strait Islanders is the best option for protecting and promoting Torres Strait Islander culture. Because the Torres Strait Islander population on the mainland is widely dispersed (particularly outside Queensland), it is difficult for them to have an effective input into ATSIC policies and participation in ATSIC programs.
36. The Torres Strait Advisory Board (TSIAB) as it is presently constituted, does not seem to provide an effective voice for mainlanders, particularly as it is only advisory. Some mainlanders felt they did not get a fair share of ATSIC program funds, but this criticism is difficult to substantiate because of the way funds are disbursed. The Committee notes that ATSIC is attempting to deal with perceived problems and that it has commenced an evaluation of the level of access to ATSIC programs and services by Torres Strait Islanders living on the mainland.
37. Despite difficulties with the current arrangements for Torres Strait Islanders living on the mainland, the Committee does not favour a separate Commission for mainlanders. Such a solution would be inefficient and wasteful. In addition, many Torres Strait Islanders on the mainland also identify with Aboriginal ancestors. They do not wish to chose between their Torres Strait and Aboriginal heritage.
38. Because of these factors, the Committee recommends that the interests of Torres Strait Islanders on the mainland should be protected and promoted by ATSIC. It suggests ways this can be done more effectively by changing the composition of TSIAB
The Committee recommends that the interests of Torres Strait Islanders living on the mainland should continue to be represented by the Aboriginal and Torres Strait Islander Commission.
The Committee recommends that the Aboriginal and Torres Strait Islander Commission develop a program encouraging mainstream Commonwealth State and local government and non-government agencies to develop partnerships and joint ventures with Torres Strait community groups on the mainland. [p. 106]
The Committee recommends that each regional office of the Australian and Torres Strait Islander Commission should have a nominated Torres Strait Islander contact officer. [p. 108]
The Committee recommends that each Regional Council be required to state in its Annual Report the measures taken by the Council to identify and respond to the concerns of Torres Strait Islanders within their region. [p. 109]
The Committee recommends that the Torres Strait Islander Advisory Board (TSIAB) be retained. Membership should consist of two representatives from Queensland; one person to represent both New South Wales and the Australian Capital Territory; one to represent both Victoria and Tasmania; and one representative from each of Western Australia; South Australia; and the Northern Territory. The members of TSIAB should be elected by Torres Strait Islanders living on the mainland, the elections taking place at the same time as ATSIC Regional Council elections. [p. 111]
The Committee recommends that the Chair of the Torres Strait Island Advisory Board (TSIAB) be elected by the members of TSIAB from amongst their number. The Chair should be appointed to the Aboriginal and Torres Strait Islander Commission Board Of Commissioners and should replace the Commissioner for the Torres Strait Zone. [p. 111]
The Committee recommends that the Aboriginal and Torres Strait Islander Commission Act Act 1989 be amended so that the functions currently specified for the Office of Torres Strait Islander Affairs (OTSIA) be transferred to the Torres Strait Islander Advisory Board (TSIAB). The new function of OTSIA should be to provide secretariat support to TSIAB and assist TSIAB undertake its functions. [p. 112]
39. The Committee concludes its report with a look at the processes necessary to encourage the greater autonomy which is the subject of the report.
40. The key to success in delivering benefits to Torres Strait Islanders is consultation and negotiation.
The Committee recommends that the Commonwealth Government facilitate a process of consultation with relevant State Ministers, Torres Strait Islanders and all other residents of the Torres Strait region to ensure their support before any legislation is introduced into the Commonwealth Parliament to amend the structures of government or administration in the Torres Strait region. [p. 115]
The Committee recommends that the Aboriginal and Torres Strait Islander Affairs Commission (ATSIC) facilitate a process of consolation with Torres Strait Islanders living on the mainland before any changes are made to the ATSIC structures and arrangements for Torres Strait Islanders living on the mainland.
41. The Committee concludes by observing that greater autonomy gives people greater control over the events that affect them, which in turn, gives them the opportunity to enrich their lives and those of future.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/1997/46.html