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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
This is a RCIADIC recommendation
1
Public engagement and reporting on implementation
That having regard to the great input which has been made to the work of the Commission, not only by governments and departments of government but also by Aboriginal communities, organisations and individuals, on the one hand, and non-Aboriginal organisations and individuals, on the other, it is highly desirable that the attitude of governments to the recommendations and the implementation of those adopted be carried out in a public way as part of the process of education and reconciliation of the whole society. To this end the Commission recommends:
a) That the Commonwealth Government and State and Territory Governments, in consultation with ATSIC, agree upon a process which ensures that the adoption or otherwise of recommendations and the implementation of the adopted recommendations will be reported upon on a regular basis with respect to progress on a Commonwealth, State and Territory basis;
b) That such reports should be made not less than annually and that, subject to the agreement of its Commissioners to do so, ATSIC be given special responsibility and funding to enable it to monitor the progress of implementation of the adopted recommendations and to report thereon to the Aboriginal and Torres Strait Islander community;
c) That governments consult with appropriate Aboriginal organisations in the consideration and implementation of the various recommendations in this report;
d) That, wherever appropriate, governments make use of the services of Aboriginal organisations in implementing such recommendations; and
e) Ensure that local Aboriginal organisations are consulted about the local implementation of recommendations, and their services be used wherever feasible.
You need an ongoing review and you need to keep all these agencies on their toes. The community deserve it!
Aboriginal Justice Caucus Assessment
Actions have been taken that align with the intent of the recommendation and all of its parts. There is clear evidence of outputs through an array of reports, reviews and agreements, but evidence of the desired outcomes being achieved is less clear. This AJC project arose from our concerns about waning awareness of and attention to RCIADIC recommendations in legislative, policy and program development across the justice sector. We also recognised that the focus of the Aboriginal Justice Caucus (AJC) had been drawn away from holding agencies accountable for their implementation of the RCIADIC recommendations.
a) Process for reporting on implementation of recommendations
Early on, regular reviews of the implementation of the recommendations of the RCIADIC were conducted in Victoria. The 2005 Review found these lacked rigour, with government self-assessments of progress vastly different to the experiences of Aboriginal people. These persistent differences continue to drive AJC advocacy for change.
The Aboriginal community, particularly the Victorian Aboriginal Justice Advisory Committee (VAJAC) were key to the development, implementation, monitoring and evaluation of Aboriginal Justice Agreements (AJAs), and their associated governance structures. While these began as mechanisms to oversee the implementation of RCIADIC recommendations in Victoria, focus has shifted over time from implementation of specific recommendations to achievement of broader Aboriginal community aspirations to eliminate Aboriginal over-representation, prevent deaths in custody and realise greater Aboriginal self-determination.
b) Annual reports and reporting to the Aboriginal Community
The production of reports does not necessarily mean they are accessible to Aboriginal communities. The 2005 Review took a different approach with extensive engagement and communication with Aboriginal communities. Aboriginal involvement in AJA evaluations means findings are provided back to community members and made publicly available.
Annual Victorian Government Aboriginal Affairs Reports describe progress against targets and indicators linked to many underlying issues identified in the RCIADIC. However, AJC members question the accuracy of some of these reports and recognise that it is rare for them to include references to RCIADIC recommendations. A different approach taken during the 2005 Review included extensive engagement and communication with Aboriginal communities. Similarly, Aboriginal involvement in AJA evaluations means findings are provided back to community members involved in them, including the Aboriginal Justice Caucus, Aboriginal Justice Forum (AJF), and Regional Aboriginal Justice Advisory Committees (RAJACs) and made publicly available on the Aboriginal Justice Website.
Annual Victorian Government Aboriginal Affairs Reports describe progress against targets and indicators linked to many of the underlying issues identified in the RCIADIC. However, AJC members have questioned the accuracy of some of these reports, and recognise that it is rare for them to include references to RCIADIC recommendations.
c) Governments consult with Aboriginal organisations on the implementation of recommendations
Engagement with Aboriginal communities occurs through the AJC, RAJACs and Aboriginal organisations in relation to justice-related recommendations. For recommendations related to child welfare, health, housing, economic development and education it occurs through the relevant Aboriginal-government partnership forums and member Aboriginal organisations. The AJC or its members are represented on the most of these forums.
d) Governments use the services of Aboriginal organisations in implementing recommendations
The AJA3 Evaluation found the involvement of Aboriginal Community Controlled Organisations (ACCOs) as the main providers of Aboriginal justice programs and services to community was central to the success of the AJA. Our community has always known that Aboriginal-led organisations are best placed to understand community needs and deliver responsive services. There has been growing recognition of this by governments.
A range of Aboriginal organisations are funded to deliver programs and services that implement RCIADIC recommendations under the Aboriginal Justice Agreement and other Victorian Government-Aboriginal Community partnerships. However, there is considerable evidence captured through submissions to government, consultations and reviews that the needs of Aboriginal communities in Victoria are greater and more complex than the resources available to meet them. ACCOs continue to advocate for more sustainable, long-term funding.
e) Ensure local Aboriginal organisations are consulted about local implementation
Engagement with Aboriginal communities occurs through the Aboriginal Justice Caucus, RAJACs and Local Aboriginal Justice Action Committees (LAJACs) (where they exist). Local Aboriginal organisations are represented on LAJACs and RAJACs through which most consultation and engagement about local implementation of justice-related recommendations occurs.
Overall, Recommendation 1 remains highly relevant to the current context in Victoria, given that many of the recommendations of the RCIADIC remain highly relevant, as does the importance of engaging Aboriginal organisations in their implementation, monitoring and reporting.
The AJC feel further action to fulfil this recommendation has significant potential to reduce incarceration, increase safety, progress self-determination, and support ongoing implementation of many other RCIADIC recommendations that require further work.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Aboriginal Social Justice Commissioner
Establish a well-resourced, independent Aboriginal Social Justice Commissioner to strengthen oversight and accountability for Aboriginal justice outcomes.
Regular review of RCIADIC implementation
Regularly review implementation of RCIADIC recommendations, particularly in the early stages of related process, program, policy, or legislative reform work.
Community Views
During the 2005 Review process, Aboriginal people repeatedly raised the need to develop an overarching and ongoing system for monitoring progress towards implementation of the RCIADIC recommendations:
“We think that an ongoing Review Team needs to be established so that it’s not something that just happens once every five years or so.”
“You need an ongoing review and you need to keep all these agencies on their toes. The community deserve it!” (Regional Victoria participant)
The 2005 Review made numerous specific recommendations, and broader ones indicating that the Victorian Government must continue to implement and monitor the implementation of RCIADIC recommendations:
Rigorous monitoring of the Recommendations must continue, and must be carried out in an ongoing way, so that the Recommendations become built into the fabric of government activity and core business.
Support for the move towards a more outcome-oriented set of performance indicators organised under key ‘headline’ criteria:
- Strong endorsement of the VAJA as the foundation and guiding principles for implementation and monitoring; and
- The need for genuine consultation and participation of Indigenous people in relation to the machinery for monitoring and implementation of the Royal Commission’s Recommendations.
The Review also believed that, as currently proposed, whole-of-government accountability arrangements were needed for Victorian Government departments (and need to link to the role of the Commonwealth and local government) in order to contribute effectively to shared outcomes. Ongoing monitoring of implementation and compliance with the Recommendations cannot be left to individual departments or agencies, nor is it a task to be left to the community alone. Thus, the proposed creation of an independent Commissioner for Aboriginal Social Justice was seen as an essential element in the Government’s accountability measures.
The 2005 Review also noted that implementation of this recommendation would be significantly enhanced by the Department of Justice reporting annually on RCIADIC justice-related recommendations, Aboriginal contact with the Justice system and AJA outcomes. In the two and a half years since the launch of AJA there had been no regular public reporting on outcomes (the key concern of the RCIADIC), or analysis conducted, as to the increases in Aboriginal over-representation in Victorian prisons. Establishing a regular report on the AJA and associated Aboriginal justice-related issues would be of significant benefit to Aboriginal communities and could be incorporated (in part) within the Victorian Government’s Annual Aboriginal Affairs Report.