Aboriginal Affairs Victoria

JOINT SUBMISSION

TO: PARLIAMENTARY INQUIRY INTO THE ESTABLISHMENT AND EFFECTIVENESS OF REGISTERED ABORIGINAL PARTIES

BY: VICTORIAN REGISTERED ABORIGINAL PARTIES

Contents

What is our definition of Traditional Owners...... Error! Bookmark not defined. Strategic State-wide Assessment of Cultural heritage ...... 5 A greater focus on cultural significance ...... 5 Consultation in areas of RAPs ...... 5 Aboriginal Heritage Councils functions to improve public awareness ...... 5 RAP functions to improve public awareness ...... 5 Acknowledging Traditional Owners / Aboriginal cultural heritage in Victoria controlled and managed by aboriginal people ...... 5 Additional functions of and accountability of Council ...... 6 Council membership and structure ...... 6 Improving the information provided by Registered Aboriginal Party Applicants / Registered Aboriginal Party Applicants Timeframes of decisions ...... 6 Multiple Registered Aboriginal Party’s ...... 7 Registered Aboriginal Parties Funding and capacity ...... 7 Who is rightly placed to make decisions about culture and country? ...... 7 Consultation with aboriginal people with historical or contemporary cultural heritage interests ...... 7 Registered Aboriginal Parties working with local governments ...... 7 Registered Aboriginal Parties accountability measures ...... 8 Definition of Aboriginal Cultural heritage ...... Error! Bookmark not defined. Protecting Aboriginal Cultural Heritage ...... Error! Bookmark not defined.

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VICTORIAN REGISTERED ABORIGINAL PARTIES

This submission is provided by the nine Victorian Registered Aboriginal Parties (RAPs) who were appointed by the Minister. We recognise each other as traditional owners and therefore the right people to speak for country. We acknowledge traditional owners identified and recognised within the traditional owner community, the parts of Victoria where there are no appointed RAPs.

Barengi Gadjin Land Council Aboriginal Corporation PO Box 1255 Horsham VIC 3402

Dja Dja Wurrung Clans Aboriginal Corporation P.O. Box 1026 Bendigo 3552

Gunaikurnai Land and Waters Aboriginal Corporation PO Box 1699 Bairnsdale VIC 3875

Gunditj Mirring Traditional Owners Aboriginal PO Box 216 Corporation Heywood VIC 3304

Martang Pty Ltd PO Box 20 Halls Gap VIC 3381

Taungurung Clans Aboriginal Corporation 13 Bourke St Kilmore VIC 3764

Wathaurung Aboriginal Corporation PO Box 734 Trading as Wadawurrung BALLARAT VIC 3353 Wurundjeri Tribe Land and Compensation Cultural Level 1, Providence Building Heritage Council Abbotsford Convent 1 St Heliers Street Abbotsford VIC 3067 Yorta Yorta Nation Aboriginal Corporation PO Box 1363 Shepparton VIC 3632

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Introduction

This identification, preservation and protection (management) of Aboriginal culture is fundamental to the rights and responsibilities of Traditional Owners, which are enshrined in State, National and International legislation, policies and conventions on the protection of Aboriginal cultural heritage.

The ‘management’ of cultural heritage exists as a responsibility regardless of government legislation or intervention and however this has systematically been stripped away by previous generations of government policy. The Victorian Aboriginal Heritage Act 2006, including the appointment of a peak Traditional Owner representative body and Traditional Owner groups managing the Aboriginal cultural heritage on their Country, begins to redress this and is in line with all national and international these laws and conventions. This approach is supported by the Victorian RAPS as a system that provides certainty about the right people for Country.

The key feature of the current system is that it is Traditional Owners who are making the appropriate decisions regarding Aboriginal cultural heritage management. Recognising and committing to Traditional Owners in this way has not excluded historical or contemporary Aboriginal people as all Aboriginal people are traditional owners somewhere in Australia. The Victoria approach simple recognises and strengthens the right people for country in Victoria.

For many traditional owners this is the first time in their recent history that they have both the responsibility and the right to make decisions regarding the protection and preservation of their culture. This means that their inclusion in processes of identifying and acknowledging other traditional owners is both new and approached with a deep and abiding responsibility.

This submission outlines the key recommendations that we, as a group, support and commend for the Committee’s consideration.

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Recommendations:

Strategic State-wide Assessment of Cultural Heritage

We support a state-wide tangible and intangible knowledge base of culture heritage. We believe that Traditional Owner organisations are best placed to undertake country wide assessment and mapping of cultural heritage.

A greater focus on cultural significance

We assert that the first action in the development of a Cultural heritage Management Plan is that the sponsor and traditional owners walk country and identify and record traditional knowledge to set the context for the further development. We believe that the focus for all Management Plans is the cultural heritage and its management as identified by the traditional owners. Following this the CHMP needs to focus on the management of each individual cultural site.

Consultation in areas of RAPs

We assert that the Aboriginal Heritage Council is best placed to identify and inform sponsors of traditional owners in un rapped areas.

Aboriginal Heritage Councils functions to improve public awareness

We assert that the Aboriginal Heritage Council is required to undertake a broader advisory role relevant to the Council’s aboriginal experience, to improve public awareness, to facilitate strategic research into aboriginal cultural heritage in Victoria and reporting on the state of cultural heritage in Victoria. We believe that this is only possible if the Council is properly funded and resources to undertake this role.

RAP functions to improve public awareness

We assert that RAPs have a broader advisory role relevant to the RAPs expertise in our areas, undertaking country mapping and preparing statements, raise public awareness of our cultural heritage and facilitate research our cultural heritage. We believe that this is only possible if the RAPs are properly funded and resources to undertake this role.

Acknowledging Traditional Owners / Aboriginal cultural heritage in Victoria controlled and managed by aboriginal people

A Traditional Owner is a descendant of those identified as apical ancestors on country, before contact, and who have a spiritual, social, cultural and economic relationship with their traditional lands and waters within Victoria.

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Being an established RAP gives traditional owners authority to be involved in the process of legislative cultural heritage management which was previously done, with little to no consultation. It must be noted that this approach is not limited to appointed Registered Aboriginal Parties but to all traditional owners in Victoria. In the areas of Victoria where there are no appointed RAPs there are still traditional owners identified and recognised.

Additional functions of and accountability of Council

We believe that the Council is best placed to input into broad government policy in relation to traditional owner issues of cultural and cultural heritage management. We further believe that the Secretaries functions should be transferred to aboriginal control through the Aboriginal Heritage Council and in a timeframe agreed by all parties.

Council Membership and Structure

We believe that the relevant membership of the Aboriginal Heritage Council is traditional owners with the relevant knowledge base and not skill only based. There are a number of skills required that can be learnt however we believe that traditional knowledge of culture and process is learnt and strengthened over generations. We also assert that there needs to be structure and processes in place that ensures that should be representation of traditional owners equally across Victoria.

We believe that the term of the Chair of the Council should be extended to two by two year terms and that to carry out the role and functions as asserted in this submission the Chairperson needs to be a full time paid position. The position would remain accountable to the Council and through them back to the traditional owner community.

Improving the information provided by Registered Aboriginal Party Applicants / Registered Aboriginal Party Applicants Timeframes of decisions

The current information required and the decision making does not provide certainty for either applicant or the appointed RAPs whose boundaries may be being breached. We assert a better approach would be that applicants provide an Expression of Interest outlining the claim area, consultations/agreements with

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neighbouring traditional owner groups and a group’s capacity to develop a full application.

If this is accepted we suggest that a single grant of $20,000 is provided for the development of a full application. Applicants would not take more than six months to develop the application and the council would make a decision in a maximum of 90 days. We further assert that each group is restricted to an application each three years.

Multiple Registered Aboriginal Party’s

We do not agree with multiple RAPs over and area as this legislation and development of RAPS is supposed to provide certainty of right people on country and multiple RAPS would undermine this certainty.

Registered Aboriginal Parties Funding and capacity

Registered Aboriginal Parties have specific functions as delegated by the Attorney General through the legislation. To undertake this role the RAPs need to be properly funded as much of the fee for service work that RAPS undertake in the implementation of the AHA requires expenditure to occur before income is gained. Funds needed include an Executive Officer to support and resource the Board in their legislative role, a Cultural Heritage Manager to undertake the on country work and an Administration Officer/Bookkeeper to ensure that all administrative tasks including invoicing are undertaken in a timely manner.

Who is rightly placed to make decisions about culture and country?

We assert that that Traditional Owners are the right people to establish and govern the effectiveness of RAPS. Further to this we request that this inquiry does not dilute or remove this right and responsibility.

Consultation with aboriginal people with historical or contemporary cultural heritage interests

All Aboriginal people are traditional owners in some part of the country and therefore we assert that traditional owners of particular country are the only people that can speak for Culture and Country.

Registered Aboriginal Parties working with local governments

RAPS in Victoria enjoy a reasonable relationship with local governments however we believe that the AHA 2006 could be strengthened by being included in the Victorian Planning Scheme, and in each Municipal Strategic Settlement in relation to land use and also Council Plan and Municipal Public Health Plans identifying relevant Traditional Owners and recognising specified needs and aspirations.

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We recommend that it becomes mandatory for local government and other government agencies to undertake cultural awareness training that is provided by the RAPs.

Registered Aboriginal Parties accountability measures

We assert that the accountability measures need to relate to the specific functions and delegations of a RAP. Further to this they must not place greater burden of compliance Summary

In summary we support and believe that traditional owners are rightfully placed to make decisions about Cultural and Country. We believe that the role and functions of the Aboriginal Heritage Council and Registered Aboriginal Parties the right and responsibility of traditional owners. However to undertake this role we believe that both the Council and appointed RAPs need to be properly and securely funded.

Finally, we ask that Parliamentary Committee undertaken the Inquiry consider meeting with a delegation of the Registered Aboriginal Parties in Victoria to discuss this submission in more detail. We would be available at a time and place identified by the Committee.

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