Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples

Submission of the Cairns Regional Council

Date 6 November 2014

Introduction

The Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples (“the Committee”) issued an invitation to the Mayor Cr Bob Manning OAM to attend and give evidence to the Committee.

The purpose of the hearing is to consult on potential changes to the Australian Constitution to recognise Aboriginal and Torres Strait Islander peoples.

In particular the Committee is interested in Councils views on the following:-

(a) steps that can be taken to recognise Aboriginal and Torres Strait Islander People in the Australian Constitution;

(b) mechanisms to build support for recognition of Aboriginal and Torres Strait Islander People across all sectors of the community;

The Cairns Area

Cairns is a large regional city in Far North Queensland. Cairns is in close proximity to Cape York Peninsula, the Atherton Tablelands, the Torres Strait and the Gulf of Carpentaria. The Cairns economy includes Tourism, Agriculture, Mining Services, government, university and private business.

The Cairns Regional Council local government area covers approximately 1,689 square kilometres of land on a narrow coastal strip between the Great Dividing Range and the Coral Sea extending from north of Ellis Beach to Eubenangee Swamp (near Mirriwinni) in the south. The official population of the local government area is 157,102 people based on 2013 census data. According to the 2011 Census data Aboriginal and Torres Strait Islander Peoples comprised approximately 9.2% of the population. This figure is increased if the greater Cairns region is extended to Yarrabah an Indigenous community located a short distance from Cairns with a population of approximately 2,400 people.

The Cairns Local Government Area encompasses the traditional homelands of numerous Aboriginal language and clan groups including:-

 Djabugay;  Mandingalbay Yidinji;  Ngadjon Jii;  Combined Dulabed Malanbarra Yidinji;

 Wanyurr Majay;  Gunggandji;  Tableland Yidinji;  Mamu;  Yirrganydji; and  Gimuy Walubarra Yidinji.

Council engages with the Aboriginal and Torres Strait Islanders community at the social, political and community level through a range of mechanisms on a day to day basis including specific committee’s to provide advice to the elected representatives and executive management on issues of concern, the recognition and acknowledgement of their unique place in the community and through partnerships with indigenous groups.

Council is at the “coalface” of the intersection of European and Aboriginal Culture due to its geographical position and the history of settlement. This will continue regardless of the outcome of the referendum and has been established on the basis of current community expectations rather than legislative change or coercion.

Council is supportive of the proposed recommendations outlined in this committee’s progress report dated October 2014.

Mechanisms which Cairns Regional Council engage with Aboriginal and Torres Strait Islanders

To assist the Committee it is appropriate that I briefly outline some of the mechanisms utilised by Cairns Regional Council to engage with the Aboriginal and Torres Strait Islander Community.

(a) First Peoples Advisory Committee

The First Peoples Advisory Committee is one of the important ways in which Council engages and consults with the Aboriginal and Torres Strait Islander community.

The First Peoples Advisory Committee is a statutory advisory committee established under the Local Government Act 2009 (Qld) and was established in 2009 by Council.

The First Peoples Advisory Committee is an opportunity for Aboriginal and Torres Strait Islander people from within our region to have a voice on issues, projects and initiatives relevant to them. Membership is voluntary.

The role of the First Peoples Advisory Committee is to provide comment, feedback and direction on issues that relate to Aboriginal and Torres Strait Islander people and their communities. It also works to enhance opportunities for participation and collaboration between local Aboriginal and Torres Strait Islander people, the broader community and Council.

The First Peoples Advisory Committee meets every two months at Council Chambers. It is the only advisory committee which I attend as Mayor which demonstrates my commitment to engaging with this important part of my community.

Key Achievements of the First Peoples Advisory Committee include:-

(a) the establishment of a reconciliation action plan;

(b) the establishment of First Peoples (indigenous) employment strategy;

Recent Issues considered by the Committee based on a review of recent agenda’s include the “City Alive” Project, Planning Scheme public consultation procedures and street art proposals.

The First Peoples Advisory Committee is a valuable contributor to the direction of the Council as a whole.

(b) Reconciliation Action Plan

The Reconciliation Action Plan (“RAP”) was developed at the request of the First Peoples Advisory Committee. The RAP was developed through a RAP working group. The First RAP was endorsed in December 2011 with an official launch in 2012.

The Vision outlined in the RAP is as follows:-

“Council respects and acknowledges the unique position of Aboriginal and Torres Strait Islander peoples as the first Australians, the ‘First Peoples’ of this nation;

We value, respect, promote, support and understand the unique history, culture, heritage and relationship with the lands and waters of the traditional Bama clan and language groups of our area; and other First People’s who call our region ‘home’.

We pride ourselves on relationships built on mutual respect and understanding; and value the positive contributions of First People’s that allow us to work together to achieve and celebrate success.

We work alongside First People’s and the wider community to help remove social and economic disadvantage; and together we will contribute to the elimination of the glaring gap in life expectancy that exists between First People’s and other Australians.”

The RAP identifies actions directly related to the operations, services and business of Council. The actions in the RAP contribute to the National, State and local efforts of government, services and other stakeholders to help improve the health, wellbeing, equality and economic development opportunities of Australia’s First peoples.

The RAP is founded on the principles of Respect through mutual understanding and open communication, a strong relationship which is to be fostered and provided with the appropriate environment, information and resources to be dynamic and effective.

Key elements of the RAP action plan include:-

(a) Induction training to all new employees to encourage self identification according to their respective Equal Employment Opportunity (EEO) group and promote cultural and bereavement leave under the Enterprise Bargaining Agreement;

(b) Cultural Competence – develop and deliver cultural awareness competency training to employees to improve organisational culture and effectively attract, manage and maintain Aboriginal and Torres Strait Islanders within Council’s workforce, create services that are comprehensive, culturally inclusive and appropriate to Aboriginal and Torres Strait Islanders;

(d) Resourcing of the RAP working group and the First Peoples Advisory Committee;

(e) Communication – developing communication strategies which informs, engages and consults with target members of the Aboriginal and Torres Strait community through a dedicated database of key elders, leaders, peoples and organisations;

(f) NAIDOC - Support and participation in NAIDOC events throughout the local government area;

(c) Aboriginal and Torres Strait Islander Employment strategy Council has developed and implemented an Aboriginal and Torres Strait Islander Employment Strategy. The strategy provides for advertising and information packages which target employment of Aboriginal and Torres Strait Islanders providing assistance with the recruiting process, job information and interview processes to maximise success.

Council has a pilot mentoring/buddy system specifically for Aboriginal and Torres Strait Islander employees, trainee’s and apprentices undertake their jobs and realise career progression in the Council organisation.

(d) Native Title Council participates in and supports the recognition of native title rights and interests within its local government area through direct involvement in the native title claim process.

Council has consented to a total of 9 determinations of native title within its local government area. Council is currently engaged with two registered native title claim groups in relation to the Cairns CBD and surrounding areas.

Council has been a party to enduring land tenure resolution outcomes involving the recognition of native title, the ability to establish, operate and maintain current and future community infrastructure and the creation of Aboriginal Freehold under the Aboriginal Land Act 1991 (Qld) to be used for

community development and conservation and cultural purposes through indigenous land use agreements under the Native Title Act 1993 (Qld).

The determinations which have occurred in the local government areas are as follows:-

 Djabugay;  Mandingalbay Yidinji;  Ngadjon Jii  Combined Dulabed Malanbarra Yidinji;  Wanyurr Majay;  Combined Gunggandji;  Combined Mandingalbay Yidinji Gungandji;  Tableland Yidinji;  Tableland Yidinji #3;  Mamu.

In all instances Council has reached a consent determination of native title.

Council is also a party to numerous registered ILUA’s associated with determination and major community projects including the Cairns Esplanade Development.

(e) Cultural Heritage Council has developed specific policies to protect and preserve Aboriginal Cultural Heritage within the Local Government Area. These policies include a standard operating procedure for Cultural Heritage Finds encountered during Council Activities.

Council has negotiated and entered into a range of Cultural Heritage Agreements for infrastructure and regularly consults with Aboriginal parties in relation to cultural heritage issues affected by Council Operations.

(f) Partnerships Councils has lead the establishment of regionally important projects which are directly relevant to the Aboriginal and Torres Strait Islander Peoples. This includes the Cairns Indigenous Art Fair which is held annually in Cairns and in which Council is a major funding contributor.

Council has also consulted with the Aboriginal and Torres Strait Islander Community in relation to major projects including the City Heart redevelopment and is consulting in relation to the Shields St redevelopment to maximise participation in street art design to highlight the indigenous perspective of local waterways.

Council recently facilitated a “Welcome to Country Accord” to manage longstanding intra indigenous disputes in relation to performing welcome to country ceremonies within the Cairn CBD and provide an interim arrangement pending finalisation of native title claims over this area.

(g) Other Arrangements

Council has assisted with numerous projects by providing in kind support. I am a strong supporter of the Cairns Australian Football League House (“CAFL House”) which was facilitated by Council donating land on which the house has been constructed. The CAFL House Project brings together 38 young indigenous males from the Cape York to live in common premises to mentor and build life skills. The Project promotes the inter-relationship of education and sport in personal development.

Response to Committee Questions

The issue of recognition of Aboriginal and Torres Strait Islander people in the Australian Constitution comes essentially down to a question of equality. I would be truly disappointed and ashamed if the referendum does not succeed when it is considered by the Australian Public. The failure of the referendum would be an embarrassment for Australia.

As to the form of the referendum question there are people more qualified in legal matters than myself to comment on the exact form of the wording which should be adopted for the referendum and put to the Australian Public.

Overwhelmingly I support an amendment to the Australian Constitution to recognise Aboriginal and Torres Strait Islander People in the Australian Constitution.

In relation to mechanisms to build support for the recognition of Aboriginal and Torres Strait Islanders across all sectors of the community local government is uniquely placed to engage and connect with the community to build understanding and support for the proposed changes. The process for understanding the issues and building support for the proposal is likely to take some time and will require sufficient resources to be made available for this to happen.

Cairns Regional Council sees itself as an “ambassador” for engaging with the community in relation to the changes, through the Council itself, the First Peoples Advisory Committee and public information on the changes.