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Aboriginal Law Bulletin (ALB)
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Ley, John --- "Improving ATSIC's Decision Making and Review of Decisions" [1996] AboriginalLawB 63; (1996) 3(84) Aboriginal Law Bulletin 16

Improving ATSIC'S Decision-Making and Review of Decisions

by John Ley

In the midst of the political turmoil in which it has been embroiled during recent months, and despite the substantial funding cuts affecting its programs (which were announced shortly before the 1996 Federal Budget was brought down), the Aboriginal and Torres Strait Islander Commission (ATSIC) has been quietly proceeding with implementing important reforms to the way it makes funding decisions and provides for those decisions to be reconsidered. ATSIC's clients--Aboriginal people and Torres Strait Islanders--will be the beneficiaries.

When ATSIC was established by legislation in 1990, Aboriginal people and Torres Strait Islanders were given the right to elect representatives who would have power to make decisions and policies about matters affecting their lives.

Since then, ATSIC and the Regional Councils established by the Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) (`the ATSIC Act') have been responsible for funding and administering many Commonwealth programs for Indigenous Australians, dealing with matters such as economic and regional development, employment, housing, land, culture, heritage, the environment and social justice.

In 1993-94, ATSIC and the Regional Councils provided almost 70% of Commonwealth funding for programs specifically for the benefit of Indigenous people. (Since responsibility for Aboriginal and Torres Strait Islander health programs was transferred in 1994-95 to the then Department of Human Services and Health--now the Department of Health and Family Services--this percentage of funding by ATSIC has declined.)

Scope of review

In September 1995, a consultancy team established by the Commonwealth Attorney-General's Legal Practice was engaged by ATSIC to conduct a review of the decision making, review and complaints handling processes of ATSIC and the Regional Councils. The review was completed late in March 1996. The purpose was to evaluate objectively concerns about matters such as:

A number of related broader issues were also considered, such as the fairness, effectiveness and efficiency of the grant application process and the funding system; the quality of the client service provided; and the need for relevant skills development among those in ATSIC's elected arm (the Commissioners and the Regional Councillors) and its administrative staff.

Consultations

A draft issues paper was prepared by the review team in September/October 1995. In November, after taking account of advice from a Steering Committee, the issues paper was published. (The Steering Committee was chaired by ATSIC Commissioner Christine Williams, and comprised senior lawyers and administrators from outside ATSIC, a Regional Council Chairperson, an ATSIC Regional Manager and a public sector union representative.) Some 5,000 copies of the paper were sent to interested people and organisations throughout Australia, including 2,500 Aboriginal and Torres Strait Islander organisations, the ATSIC Commissioners, all Regional Councillors, and ATSIC staff members.

Over the following several months, there were consultations with representatives of interested organisations in various parts of the country. Some team members attended Zone meetings of Regional Councils in Queensland and Western Australia to seek comments on the issues raised. Other comments were received in writing, in telephone conversations, and in face-to-face discussions with representatives of organisations and ATSIC staff members. In all, over 200 written and oral submissions were received.

ATSIC management and staff strongly supported and assisted the review process, taking steps, as the review progressed, to develop an organisation-wide continuous improvement strategy that integrated, in a broader framework, the proposed actions and strategies being developed by the review team.

What the review found and recommended about the legal framework

In its report on the review, entitled Improving ATSIC's decision making and review of decisions, the review team found that although the appropriate legal framework for the making of funding decisions was largely in place, there were various weaknesses in the way the framework was being implemented by the Regional Councils and ATSIC staff as decision makers. This was seen as mainly due to many decision makers being unaware of the legal requirements for sound decision making; inadequate information being available to most decision makers about the respective merits of the funding proposals of competing applicants; and a lack of awareness among many applicants and potential applicants of various aspects of the funding procedures.

Submissions indicated that there was substantial dissatisfaction with the existing situation, in which over 80% of the funds are allocated each year to existing projects and programs, leaving little scope for new ones to be funded.

Other problems in relation to the quality of funding decisions were identified as:

Most of the recommendations made by the review team were accepted by ATSIC. Key reforms ATSIC intends to introduce include:

As to the reconsideration of decisions and complaints handling, the main weaknesses in the framework were seen as:

Important recommendations that are to be implemented by ATSIC to overcome these weaknesses include:

Other recommendations

Other broader recommendations to be implemented include reforms concerning the application process and the funding system, client service, and skills development for Commissioners, Regional Councillors and staff involved in the processes of decision making, review of decisions and complaints handling.


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