Nettheim, Garth --- "Book Review - Aboriginal Australia and the 'New Federalism' Initiative" [1992] AboriginalLawB 9; (1992) 1(54) Aboriginal Law Bulletin 17

• Book Review – Aboriginal Australia And The ‘New Federalism’ Initiative

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Book Review –

Aboriginal Australia and the ‘New Federalism’ Initiative

by G. J. Crough

Discussion Paper No. 2,

ANU North Australia Research Unit, 1991. 42 pp.

Reviewed by Garth Nettheim

The Hawke Government's 'New Federalism' initiative proposes a complete re-assessment of inter-governmental arrangements and the delivery of government services. With the cancellation of the scheduled Special Premiers' Conference in Perth in November, and with the change of Prime Minister, the future of the initiative is unclear.

Greg Crough, in this paper, examines the proposals relating to Aboriginal Affairs, and argues that "it is essential that Aboriginal people be in a position to critically analyse the potential impact of the changes."(p3)

He sets the scene by noting the complexity of current arrangements for the delivery of government services to Aboriginal people especially the "overlap and duplication of services and activities of the different levels of government" (Special Premiers' Conference, 1990), a point stressed also in the National Report of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) and in the 1990 report of the House of Representatives Standing Committee on Aboriginal Affairs, Our Future Our Selves. He points out reasons why Aboriginal people have looked to the Commonwealth Government as the logical level of government to address Aboriginal issues. However the report of a working party of officials set up by the Special Premiers' Conference, and endorsed by the ministerial level Australian Aboriginal Affairs Council (AAAC) on 30 August 1991, contemplates a reduction in Commonwealth involvement in favour of State and Territory governments. The Report, entitled Achieving Greater Coordination of Aboriginal and Torres Strait Islander Programs and Services, had minimal input from Aboriginal people, in stark contrast to the strong recommendations of the Royal Commission that the principle of self-determination would at least require that such matters be negotiated with appropriate Aboriginal organisations and communities.

The AAAC report deals primarily with housing and community infrastructure. It emphasises the 'planning' processes of ATSIC, and proposes that the operational responsibilities be entirely borne by State, Territory and local governments while Commonwealth funding will continue through ATSIC which will enter bilateral agreements with State, Territory and local governments.

Crough notes positive aspects of the report, eg., the statement that Aboriginal and Tones Strait Islander people are entitled to provision of services at no less a level than those provided to other citizens.

But his critique focuses on:

(1) the lack of consultation with Aboriginal and Torres Strait Islander people other than a few ATSIC Commissioners;

(2) the move towards further 'mainstreaming' of Aboriginal programs at State and Territory levels (again, contrary to RCIADIC recommendations Johnston, 1991, Vol. 4, 24)). Crough notes that similar thinking underlies earlier inter-governmental initiatives, notably the National Aboriginal Health Strategy and the National Aboriginal Education Policy from 1990. (He notes the problems that 'mainstreaming' in these areas has caused for Aboriginal people in the Northern Territory);

(3) the consequent diminution or termination of the role of Aboriginal organisations in service delivery (again contrary to RCIADIC recommendations);

(4) uncertainty whether ATSIC regional planning will be taken seriously.

Crough goes on to consider alternatives to the AAAC proposals notably the provision of funding via ATSIC directly into Aboriginal service organisations and communities. This would be calculated not only to produce better and more efficient service delivery but also to shift power towards Aboriginal people and communities. He places the discussion neatly in the context of moves in Canada and internationally towards greater indigenous self-determination.

The paper is highly recommended reading for Aboriginal organisations and committees.