acknowledgements

We wish to express our appreciation to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ For further assistance or information please following people: contact:

• To the Aboriginal Working Party members for Department of Aboriginal & Torres Strait input and discussions throughout the Islander Policy and Development development of this document; and PO Box 397 BRISBANE ALBERT STREET QLD 4002. • To officers from the Department of Aboriginal & Torres Strait Islander Policy and Tel: (07) 3006-4107 Development Regional Office in the Torres Fax: (07) 3224-2070 Strait who developed the Cultural Communication Cues; and

• Mr David Horton of the Institute of Aboriginal and Torres Strait Islander studies for use of the Aboriginal Australia Map; and

• Mr Bill Ivinson for providing graphics used in this document. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

c Copyright Queensland Government

1st published May 1998. Revised Edition December 1998. This Edition October 1999.

2 Department of Aboriginal and Torres Strait Islander Policy and Development foreword

Protocols are an essential component when ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Once upon a time, non-Aboriginal people dealing with individuals and communities. No assumed “everyone was the same” but we know where is it clearer than in Aboriginal communities. “everyone” is not the same. We all come with a For many years unfortunately these protocols set of values, ideals and principles which have were invisible to non-Aboriginal peoples who, for been shaped since birth according to our one reason or another, had no conception about respective cultures. what it might mean to treat and respect Aboriginal people as basic human beings. It is vital to adhere to how one wishes to be addressed. There is, I believe, much more This is a sad reflection on those times and the understanding of the politics of difference. attitudes which were borne of those However, while there is a long way to go for the overwhelming aspects of colonisation. We now respect it deserves, these protocols offer a good have an opportunity to address this issue and start. right those wrongs.

Over recent years numerous cross-cultural training awareness courses have been initiated throughout the country to service deliverers, institutions, government departments and so Jackie Huggins on. Their impact in the main has resulted in a Council for Aboriginal Reconciliation (Qld) greater appreciation of Aboriginal peoples. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ These protocols have the same effect.

5 Protocols for Consultation and Negotiation with Aboriginal People introduction

This booklet has been developed by the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Aboriginal people and their cultures and what Department of Aboriginal and Torres Strait knowledge they can acquire. The section on Islander Policy and Development on the basis Significant Issues (2) provides further insight into of advice from an Aboriginal Working Party. It a variety of issues affecting Aboriginal people. is a guide to Queensland Government officers who at some time need to consult with This booklet is intended to complement the Queensland Aboriginal individuals, groups and/ experience and knowledge officers already have or communities. The information provided is and cover basic information that officers dealing intended to be useful in a variety of settings - with Aboriginal people for the first time may urban, rural and remote. not have.

Although, some general principles are provided It is important to be aware that Aboriginal as guidelines to officers to apply in particular people and communities have definite situations this document is not intended to be expectations of government officers. It is prescriptive and it is up to individual agencies expected that government officers will know to establish detailed consultative arrangements. enough about their unit/branch and their You may find that you deal with one department (including the government community in a certain way and with another generally) to be able to assist Aboriginal people. community in a totally different way. There is an expectation that government officers have enough understanding about the situations Therefore, this booklet does not provide an and opinions of Aboriginal people to be able to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ answer to everything. There are some represent their views in other, non-Aboriginal problems that have more than one answer. forums. Other problems have no readily apparent answer. The section relating to Aboriginality (3) highlights a range of issues regarding who is an It is important to emphasise that there is no Aboriginal person and who is not in the”black” single Aboriginal culture (see History Sections community. 1-1.2). Government officers need to have some understanding and appreciation of Aboriginal The sections relating to Consultation and history, culture, customs and their relationship Negotiation (4) are arranged twofold. Firstly with governments for effective communication Community Visits (4.1) which identifies issues to and negotiation. think about prior to meetings and secondly the Formal Meeting Section (4.2) provide practical In many cases how officers deal with situations advice for the actual meeting. will depend on what they already know about

7 Protocols for Consultation and Negotiation with Aboriginal People introduction continued

Obviously, taking the initiative to involve ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Effective consultation requires openness Aboriginal people (as with any client) at the about why people are being consulted, how beginning of a project, program or the they will be consulted and how much development of a policy will allow direct influence they will have over decisions made; identification of their needs and increase the effectiveness, relevance and acceptance of • Those consulted need to be provided with policies or services. Creative solutions can be comprehensive, balanced and accurate developed when the government and community information; work in partnership. Evaluation of policies and services requires consultation with affected and • All interested parties should have access to interested groups to receive feedback and this is the consultation process; and dealt with in the Providing Feedback (5) and • All participants should be treated with Evaluation (6) Sections. dignity and respect.” 1 It is crucial to the success of government Naturally, it important to keep all these factors programs if consultation and negotiation occurs. in mind when consulting with Aboriginal Too often in the past Aboriginal people have felt people. It is also important, however, to that only token consultation has been carried remember that Aboriginal people have often felt out by governments and that this “consultation” consultation left them powerless to affect has occurred merely to “back up” a foregone government decision making and for this reason Government decision. However, when ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ prefer the term “negotiation” to “consultation”. consultation and negotiation occur a more equal “Negotiation” suggests a more equal relationship develops. relationship where parties work through any Consultation: conflict, finding areas of agreement and agreeing to disagree if areas of conflict cannot be • “Consultation is an essential component of resolved. the policy making process;

• Effective consultation should occur early and throughout the decision making process;

• Each consultation needs to be designed to meet the unique demands of the situation and to identify and define clearly the issues

considered and allow for adequate time to 1 Office of the Cabinet, Queensland, Consultation: A conduct the consultation process; Resource Document For The Queensland Public Sector ,(p. 30), 1993, (P.1) GOPRINT, Brisbane. 8 Department of Aboriginal and Torres Strait Islander Policy and Development 1 Aboriginal history

1.1 Pre-Contact 1788 ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ discipline lay with all adults as a group, with History some members having more significant roles than others. For example, there were specific Non-Aboriginal academics, namely teachers with skills in hunting, gathering, anthropologists, archaeologists, and historians motherhood and manhood. The survival and calculate that Aboriginal society has inhabited strength of Aboriginal society lay in group mainland Australia for over 40,000 years. dynamics rather than the dynamics of However, Aboriginal concepts of their history individualism as found in most western cultures. regarding habitation of Australia are There were no kings, queens, presidents, prime immeasurable and are linked to a variety of ministers or chieftains in Aboriginal society. national Dreamtime creation lores. The most familiar of these concepts is the Rainbow Aboriginal creation or Serpent. Dreamtime concepts The Aboriginal population prior to 1788 is signify that estimated by academics to have been between nature and 500,000 and a million people although recent culture were formed at estimates range from 300,000 to 3,000,000 the same time by totemic (Commonwealth of Australia 1989). What is spirits or ancestors who, in the Dreaming, came certain is that the impact of colonisation took a from the sky, underground and sea and formed the earth, rivers, valleys, hills, rocks and inlets, heavy toll. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ and established their existence. These areas are During the 1940’s Norman B Tindale (an classified by Aboriginal people as secret and American ethnographer), produced a historical sacred sites which are simultaneously linked to map showing over 600 Aboriginal land and totems. The totemic spirits or ancestors were language owning groups before colonisation. believed to have had animal and plant as well as The basic social unit within Aboriginal society human qualities and are prototypes of the was close knit, productive extended families, various natural species. whose day to day living was defined by a set of complex social laws, customs and beliefs all of Traditionally religion, culture, law, society, which differed from one group to another economy and the land are inextricably linked according to their creation ethic or Dreaming. and Aboriginal people today see issues holistically. Land is often said to be the essence Within these parameters each member of the of Aboriginal spirituality. family had responsibilities and roles to others and themselves. Lines of communication and social activity were determined by an intricate set of kinship laws based on gender and age. Responsibility for education, child rearing and 9 Protocols for Consultation and Negotiation with Aboriginal People 1 Aboriginal history continued

Family groups or clans were either patriarchal or ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ 1.2 Contact History matriarchal and individual membership or “belonging to” were determined by these factors. The history of white contact with Aboriginals has Men and women could not marry into the same been one of European invasion, genocide, theft clan and each clan’s area contains a number of of land, rape, torture, removal of children from sites of spiritual and sacred significance. Clans parents, destruction of livelihood and severe and particular individuals had responsibility for impact on culture, law, religion, society and these places. They had to care for these sites, government. keep unauthorised visitors away and perform a range of ceremonies. One such ritual brings back The colonisation of Australia in 1788 and the ancestral beings or powers which, when onwards was based on the false premise of released, renew the land and all life in it. Terra Nullius or empty land. Yet in Captain Cook’s and many other explorer’s records and Elders, both men and women, who had been diaries there are numerous confirmations of through the initiation process and learned the sightings of Aboriginal people and in fact sacred knowledge were the ones who jointly Cook’s diaries record him actually stepping made decisions for the welfare of the secret and onto mainland Australia in North Queensland sacred sites and the ceremonies linked to them and bartering with Aboriginal people. and each clan. Those responsible for the ceremonies were accountable to the whole clan So, during a period of undeclared war, non- for their correct performance at the right place Aboriginal claims to land nearly always overrode ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ 2 and time as negligence could cause great harm or the Aboriginals’ right to life. Aboriginal people bring “bad luck” to their people. were seen as a “doomed” race, destined to disappear in the face of the superior white It might take 30 - 40 years for a man or woman civilisation.3 This “doomed” race concept was to work through a full series of initiations, part of the “smooth the dying pillow” during which they would go through the bora philosophy. Massacres, poisoning of flour and ring a number of times. As women have their waterholes and the banishment of Aboriginal own ceremonies, there is distinctly men’s people from traditional sources of food and business and women’s business. water were used by pastoralists and others to ‘disperse’ Aboriginal groups.

2 Rowley C. D., The Destruction of Aboriginal Society, Vol. 1, (p.154) Aboriginal Policy and Practice, ANU Press, Canberra, 1970.

3 Loos, N., Aboriginal-European Relations in North Queensland 1861-1897. (p.456) Ph.D. Thesis, James Cook University, Townsville, 1976. 10 Department of Aboriginal and Torres Strait Islander Policy and Development Then followed a period of isolation and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ The next policy era, during the 1950s, was protection as the government realised that assimilation which is based on a philosophy of Aboriginal people were not going to die out as a making society and different cultural groups the race and decided that they needed to be both ‘same’ as the dominant group, in this case isolated and ‘protected’ from white society. Anglo-Saxon heritage. The core aim of This was the “out of sight out of mind” assimilation is to have the same language, the solution. same religious beliefs etcetera. It was not intended to integrate Aboriginal people nor for In the late 1890s, Aboriginal people were used them to maintain their own distinct cultures, as a cheap labour pool, being employed as beliefs and values. 4 station hands or crewmen for fishing and pearling boats. Child labour, sexual The Aboriginal and Torres Strait Islander Affairs Act exploitation of Aboriginal women by non- 1965 replaced the Aborigines Preservation and Aboriginal men, disease, drunkenness and drug Protection Act 1939 and the Department of addiction led to the Queensland Government Aboriginal and Islander Affairs (DAIA) was policy and practice of forced relocation of the established. It was intended to work itself out majority of Aboriginal groups and families from of a job with ‘reserves’ being temporary training their traditional lands onto foreign lands where camps which would serve as springboards for government reserves and or church run Aboriginal people to be assimilated into the missions were established. In addition, many wider community. 5 Aboriginal family groups were split up and sent ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ to different reserves. Fantome Island off Palm Island is infamous for being a place of punishment where Aboriginal people who dared to ‘defy’ government authority were sent.

The numerous government reserves were established under the Aboriginals Protection and

Restriction of the Sale of Opium Act 1897, and the 4 Queensland, Parliament, Department of Native majority of Aboriginal people became wards of Affairs Annual Report , 1963, Parliamentary Paper 1061, the State and had to have work permits to work Brisbane 1963/64. . outside the reserves. Their income was managed by the State. Mixing of the races was 5 Miller, B., The Aspirations of Aborigines Living at controlled and Aboriginal women or men who Yarrabah in Relations to Local Management and Human wished to marry required the permission of the Rights, 1986, (p.17), Human Rights Commission, Canberra. Chief Protector. The Aboriginals Preservation and Protection Act replaced the former Act in 1939, the Chief Protector becoming the Director of the Department of Native Affairs (DNA). 11 Protocols for Consultation and Negotiation with Aboriginal People 1 Aboriginal history continued

It was planned to abolish the reserves eventually. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ former reserves which had received deeds of They would become like any other township in grant in trust in 1982 under the Land Act Queensland.6 In 1971, the first formal (Aboriginal and Islander Land Grants) Amendment Act recognition that Aboriginal and Torres Strait 1982 (DOGIT) Islander cultures are actually quite distinct and separate was reflected by the passing of the This Act enabled, for the first time, Aboriginal Queensland Aborigines Act 1971 and Queensland Torres people to have some title to land and a degree of Strait Islanders Act 1971 which replaced earlier self-management. It is during the 1970s and legislation. Only minimal changes were made to 1980s that the philosophy of ‘self these Acts in 1974, 1975 and 1979 despite management and self determination’ became human rights infringements and the passage of a political and economic goal for Aboriginal the federal Racial Discrimination Act 1975. people to pursue.

In 1978 the word ‘assimilation’ was dropped in Aurukun and Mornington Island had been favour of ‘integration’ which was based on a Presbyterian missions and when the Queensland philosophy that it’s O.K. to be ‘different’ and Government tried to take over control in 1978, it was a precursor for the acceptance of they resisted strongly. The Queensland multiculturalism. However, the substance of Government abolished their reserve status, made Queensland Government Aboriginal affairs them mainstream local governments under the policy was unchanged. Local Government (Aboriginal Lands) Act, and gave them 50 year leases. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ The Community Services (Aborigines) Act 1984 and Community Services (Torres Strait Islanders) Act 1984 were the next legislative change for Aboriginal peoples giving local government status to

6 Queensland, Parliament, Department of Aboriginal and Island Affairs Annual Report, 1968, Parliamentary Paper 1102, Brisbane.

12 Department of Aboriginal and Torres Strait Islander Policy and Development Finally, throughout this contact history, it is ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ However, the knowledge of these war time very important to emphasis the involvement of contributions are slowly being acknowledged by both Aboriginal men and women in the defence the wider community. The Australian War of Australia.Nationally, it is common knowledge Memorial has a historical photographic within Aboriginal communities of the significant collection and display of Aboriginal service men contribution Aboriginal people have made to all and women. campaigns, that is, from World War One (1914- 1918) to Vietnam (1959-1975)and including It is hoped that future projects will reflect those more recent international “incidents” such as efforts of the Australian War Memorial and will the Gulf Wars. provide not only an educative avenue to non Aboriginal society but more importantly an Aboriginal contributions include virtually all acknowledgment of the contributions to the levels of the military including commissioned defence of Australia that Aboriginal service men and non-commissioned ranks. There have been and women had and continue to freely give. Aboriginal pilots; POWs; Red Cross nurses/ aides; etc. Many are recipients of a range of military honours and medals. Many died overseas in combat or from combat related injuries after arrival back in Australia. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

13 Protocols for Consultation and Negotiation with Aboriginal People 2 significant issues

1 Recent Legislative ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ The Queensland Government granted a greater History measure of land rights with the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991. The Legislative Review Committee was set up in The DOGIT communities are still working August 1990 to review the Community Services Acts under the DOGIT legislation while claims to 1984 - 1986 and the Local Government (Aboriginal the Land Tribunal are being heard. It is now Lands) Act 1978 - 1981 and to recommend a new possible to claim land on areas outside DOGIT legislative framework. The Aboriginal and including national parks. Torres Strait Islander Committee developed self- government options for Aboriginal and Torres In Mabo v State of Queensland (No. 2), delivered on Strait Islander people regardless of land tenure, 3 June 1992, the majority decision was that the location, population, cohesiveness or resources. Meriam people were entitled as against the The government responded to these whole world to the possession, occupation, use recommendations with the Alternative and enjoyment of the land of the Murray Governing Structures Program. Islands in the Torres Strait. The majority of the High Court held that the common law of The Parliamentary Committee of Public Australia recognises native title, and that this Accounts (PCPA) began an inquiry in 1990 was applicable to mainland Australia as well as into the financial administration of Aboriginal Murray Island. The Commonwealth and Torres Strait Islander Councils because of Government then passed the Native Title Act 1993 and the Queensland Government passed poor audits. The PCPA recommended more ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ autonomy for councils, better procedures and complementary legislation, the Native Title more training and support for councils. (Queensland) Act 1993, prior to the Commonwealth legislation. The Electoral and Administrative Review Commission’s Local Authority Electoral Review In the Wik Peoples vs State of Queensland, delivered which commenced in 1990 was asked by on 23rd December 1996, the High Court of Aboriginal people to consider whether Australia held by a 4:3 majority that the grant of Aboriginal councils were local authorities, and a pastoral lease did not necessarily extinguish what their relationship was to mainstream local native title. It was held that native title rights authorities. Some of this discussion informed and interests may co-exist with the interests of a the Local Government Act 1993 which allows for pastoral lessee, but in the event of a conflict, the joint local government and joint action by local pastoral lessee’s rights would prevail. governments. The implications of this decision are far reaching for both State and Federal Governments. After the Mabo (No. 2) decision it was thought that native title might continue to 14 Department of Aboriginal and Torres Strait Islander Policy and Development exist in only 15% of land in Queensland, as it ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ 2.2 Royal Commission into was assumed by all Governments that native title Aboriginal Deaths in was extinguished by the grant of a pastoral lease. Custody For this reason the Commonwealth Native Title Act 1993 provided important and substantial legal The Royal Commission into Aboriginal Deaths and procedural rights to native title holders. in Custody was established in 1989 following Since the Wik decision it is clear that native title public concern over the deaths of 99 Aboriginal may exist on a larger proportion of the State, people in police custody and prisons between 1 and that the thousands of dealings in land January 1980 and 31 May 1989. Twenty-seven before that decision, made on the assumption of these deaths occurred in Queensland. that native title was extinguished, may be invalid. The Commission looked at the circumstances of The Federal Government’s response to the Wik each death and the experience of Aboriginal decision, the 10 point plan, seeks to resolve the people through 200 years of contact with non- uncertainty created by that decision and provide Aboriginal society. This included close clear guidance as to the current state of native examination of the social and historical factors title law in Australia. The Native Title Amendment of colonisation and its range of impacts on the Bill of 1997 was heavily amended in the Senate. lives of Aboriginal people. The House of Representatives rejected the Bill in that form and debate is soon expected to The Final Report of 1991 had many resume in the Senate.

○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ recommendations that refer broadly or specifically to how each government department Many Aboriginal community representatives or agency should consult or negotiate have expressed concern that the Bill would with Aboriginal people and communities effectively extinguish Native Title Rights and to the need to be aware of, and to conferred by the Mabo and Wik decisions apply, the relevant protocols when of the High Court. doing so.

All these references are too numerous to list. It is useful, however, to review the following key references:

15 Protocols for Consultation and Negotiation with Aboriginal People 2 significant issues continued

• To ensure meaningful consultation is ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Regional consultations take place in relation established and maintained, consistent with to funding priorities and the active the Royal Commissioner’s recommendations, participation of Aboriginal and Torres Strait for each relevant Department or agency and Islander communities is sought in these at the “whole of Government” level. 7 processes. Where a service is funded, there is heavy emphasis on local design and • To monitor the implementation of regional development activities in relation to the new consultation and co-ordination arrangements service.10 ensuring that representatives of Aboriginal and Torres Strait Islander communities are Also the Legislative Standards Act (1992) Queensland able to meet regularly with regional executives contains fundamental legislative principles of relevant Departments.8 requiring consultation with Aboriginal and Torres Strait Islander people on legislation that • Recommendation 188 - that governments affects them. negotiate with appropriate Aboriginal and Torres Strait Islander organisations and communities to determine guidelines as to the procedures and processes which ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ should be followed to ensure that the self-determination principle is applied in the design and implementation of any policy 7 Australian Government (1991), Royal Commission or program or the substantial modification of into Aboriginal Deaths in Custody (Final Report), (p. 2 Vol any policy or program which will particularly 3), AGPS, Canberra. affect Aboriginal or Torres Strait Islander 8 people.9 ibid., (p. 3 Vol 3)

9 ibid., (p. 199 Vol 3)

10 ibid., (p. 202 Vol 3)

16 Department of Aboriginal and Torres Strait Islander Policy and Development 2.3 Bringing Them Home - ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ policies and practices of forcible removals...and The National Inquiry having played a prominent role in the into the Separation of implementation and administration of the above Aboriginal and Torres and...negotiate with the Aboriginal and Torres Strait Islander Commission a form of words for Strait Islander Children official apologies with wide and culturally from Their Families appropriate publicity.”

The National Inquiry into the Separation of “That the Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander Children Commission, in consultation with the Council from Their Families was established by the for Aboriginal Reconciliation, arrange for a Federal Attorney General in 1995. It was national Sorry Day to be celebrated each year to conducted by the Human Rights and Equal commemorate the history of forcible removals Opportunity Commission (HREOC). The and its effects.” Inquiry submitted its report to the Federal Attorney General in April 1997. “That churches and other non-government welfare agencies that provide counselling and Briefly, the Inquiry and each State support services to those affected by forcible Commissioner had a mandate to validate the removal review those services, in consultation stories of generations of Aboriginal and Torres with Aboriginal and Torres Strait Islander Strait Islander people who, until the Inquiry, communities and organisations, to ensure they ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ had carried the burden of having become are culturally appropriate.”11 separated from their families. Virtually every Aboriginal and Torres Strait Islander family was The other areas of consultation and negotiation affected either directly or indirectly. considered in the Inquiry Report relate to: Compensation/Reparation; Minimum Access There are fifty-four (54) core recommendations Standards to Aboriginal and Torres Strait with forty-nine (49) sub recommendations. Of Islander Family Information Services and this total, twenty-nine (29) core and sub Records; Indigenous Repositories; Research recommendations relate directly to consultation Programs; Health Professional Training; or negotiation strategies. They are too Access to Private Collections; a National numerous to list and all are important. Some of Framework of Self-Determination; National the major consultation and negotiation Standards of Legislation for Aboriginal and strategies are as follows: Torres Strait Islander Children; and National

“That all Australian parliaments...state and 11 Human Rights and Equal Opportunity Commission, territory police...churches and other non- Bringing Them Home - The National Inquiry into the government agencies...acknowledge the Separation of Aboriginal and Torres Strait Islander Children responsibility of their predecessors for the laws, from Their Families, AGPS, Canberra 1997 (pp 36;44). 17 Protocols for Consultation and Negotiation with Aboriginal People Standards for Aboriginal and Torres Strait ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ The Department recognises this and the Islander Children under State, Territory or inequitable relationship between Aboriginal Shared Jurisdiction. people and the wider community which manifests itself in poor health, high The Queensland Government has acknowledged unemployment, low educational achievement, the significance of this report. On 3 June 1997, low income, high imprisonment rates, family the Parliament of Queensland on behalf of the instability and overcrowded housing. people of Queensland, expressed its sincere regret for the personal hurt suffered by those “Effective consultation, negotiation and Aboriginal and Torres Strait Islander people who collaborative action between Government and in the past were unjustifiably removed from Aboriginal and Torres Strait Islander peoples their families. could, in the future, focus on the following:

It is important now that these past practices • Strengthening and rebuilding Aboriginal and have been revealed to all Australians, and indeed, Torres Strait Islander cultures (healing); the world, for a genuine journey of • Providing the means towards self-sufficiency; reconciliation and healing to become the future focus and direction of all the nation. • Building a new relationship (reconciliation); and

2.4 Department of • Promoting self - determination and self -

Aboriginal and Torres ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ management.”12 Strait Islander Policy The core to effective and successful and Development consultation and negotiation could be summed up in the Department of Aboriginal and Torres The Department of Aboriginal and Torres Strait Strait Islander Policy and Development’s Islander Policy and Development (DATSIPD) philosophy of: is developing a lead agency role in providing a whole-of-government response to Aboriginal RESPECT CULTURES; and Torres Strait Islander issues. RECOGNISE TRADITIONS; RECONCILE PAST AND PRESENT. Queensland has a significant proportion of the population of Australia’s Aboriginal and Torres Strait Islander peoples.

12 Office of Aboriginal and Torres Strait Islander Affairs,

Department of Family and Community Services, Negotiating Change

(Unpublished Working Paper), Brisbane, 1995 18 Department of Aboriginal and Torres Strait Islander Policy and Development 3 Aboriginality

It is important to remember that ONLY ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ acronyms to refer to Aboriginal and Aboriginal people can determine who is Torres Strait Islander people Aboriginal and who is not. e.g. “ATSIs”; “TIs” or “Abs” etc. These terms must be written in full and not The definition and identification of abbreviated as it shows respect to Aboriginality is sometimes a paradox to the Aboriginal and Torres Strait Islander uninitiated and even sometimes for Aboriginal people. Also ensure that the word people. That is, in most cases the confirmation Aboriginal is always capitalised. of Aboriginality is a very easy and simple process. However, some attempts at Aboriginal people both individually and confirmation of Aboriginality are difficult, collectively as a community, define themselves complex and may lead to very heated debates, by their culture not the colour of their skin. because, as in mainstream society, Aboriginal For your information and cultural awareness people at times, may agree to disagree about who rather than use, Aboriginal people have, is an Aboriginal person. nationally, terms of reference by which they broadly identify themselves, such as: The official formal criteria used by the Australian Government and most State Area Name Governments developed in consultation with Queensland Murries/Murri’s Aboriginal peoples are set out in the following South Australia Nunga’s formula: ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ New South Wales Koories/Koori’s Western Australia Nyoongah’s An Aboriginal person must meet the Victoria Koories/Koori’s following three criteria: Northern Territory Yolngu (top end) 1. Must be of Aboriginal Descent Anangu (central) Tasmania Koories/Koori’s 2. Must identify as an Aboriginal Please do not refer to Aboriginal people by 3. Must be accepted as an Aboriginal these names unless your credibility has been well by the community in which they live. established. Permission and/or acceptance for use of the names by non-Aboriginal people must The following old fashioned, outdated terms be sought first from the relevant person, group should never be used as they are extremely or community. offensive. They are:

“half caste” “quarter caste” “full blood” “he doesn’t look like a real Aboriginal” and so on. Also do not use 19 Protocols for Consultation and Negotiation with Aboriginal People 3 Aboriginality continued

However, Aboriginal people specifically relate to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ There is no blanket recipe, as Aboriginal society each other by tribal groupings and/or family is too diverse. There are remote communities names or groupings e.g. “I’m a Batjala” or “My such as Doomadgee or Mornington Island, mother was a Ross and she’s Darambal from rural communities such as Innisfail or Boulia, Kepple Island” and so on. provincial towns or cities such as Townsville or Rockhampton and major cities such as Brisbane, The following section of this booklet highlights Sydney and so on. aspects of a range of protocols regarding consultation and negotiation with Aboriginal You may deal with one community in a certain people. However, it needs to be emphasised that style and another community 100 kms away you every negotiation and consultation is unique. may deal with in a totally different way. You will find you may need to use a different Accordingly, this protocol document is strategy for each process. intended purely as an aid and guide in whatever process you use.

It is highly recommended that agencies incorporate this document into their existing cultural awareness training modules. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

20 Department of Aboriginal and Torres Strait Islander Policy and Development 4 protocols regarding consultation and negotiation

There are a lot of different views about what ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ There may be legal, financial or policy restraints protocol is when dealing with Aboriginal on government officers which will limit the peoples and communities. Protocol simply range of what is negotiable and their own means following the customs and lores of the powers of delegation may be limited or a people or community you are working with and problem. If ministerial approval is required, for communicating in a way that is relevant to them. example, this needs to be made known to the Aboriginal people and community. Every community will have some common Community representatives may also have limits ground and similarities which needs to be on their negotiating power. acknowledged for future reference. However, the more important point is to remember to be Consultation and negotiation processes may aware of the differences and that each proceed more smoothly with a facilitator or community has their own protocols that should chairperson who is impartial and able to obtain be followed. the agreement of those participating in a meeting to some basic behavioural, procedural The impact of past government policies is vivid and substantive ground rules. Behavioural rules in the minds and lives of many Aboriginal such as not interrupting, taking turns, not people. Therefore, it is always important to abusing other parties and respecting others remember that to a large proportion of views even if you disagree are basic but Aboriginal people public servants are often important rules to gain agreement on before perceived as representatives of a large, powerful, starting. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ unfriendly and uncaring bureaucracy due to the historical factors discussed earlier and are often Procedural rules such as clarifying to the viewed negatively, no matter how informal or satisfaction of the meeting the roles of the friendly they appear. The sooner this all too facilitator or chairperson, the role of experts and common perception by Aboriginal people can be sponsors, the presence and speaking rights of countered the sounder the base will be to begin observers and the role of absent parties are to build rapport and establish credibility. important.

In order for government programs to be tailored to meet community needs, there should be community ownership, and problems dealt with before they develop rather than putting out fires afterwards. Creative solutions can be developed with the government and community working in partnership.

21 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

Substantive rules that need agreement before ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ The term “elders” does not always mean men or negotiations get underway relate to issues such women over fifty or sixty years of age. A as - what are the givens, the non-negotiables, relatively young (30s to 40s) man or woman what can the meeting discuss and decide, what is may be given the status of an elder because of not negotiable, do all participants have the their highly respected position in the authority to negotiate, what use will be made of community. They may possess specific skills the outcomes, are discussions confidential, will and knowledge in an area which endorses their participants agree not to withhold vital position of high esteem. The term information, will participants commit to a “Community” applies to Deeds of Grant in mutually acceptable agreement they may make Trust (DOGIT) Communities and small and and will all agreements be seen as a package or large Aboriginal Communities in cities, suburbs can participants agree on certain points but have of cities, country towns or on the fringes of the right to hold back from a final agreement cities and towns. until all other matters are decided? Confidentiality and privacy are major issues One crucial agreement partners need to agree on with Aboriginal communities. Use of is who has permission to speak to any media information obtained should be negotiated. organisations? Information that is “women’s business” should be stored in such a way that only women have Where key groups have strongly held adversarial access to it and information that is “men’s positions on a issue, mediation or facilitation business” stored in such a way that only men ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ will be useful. The Alternative Dispute have access to it. Media releases or comments to Resolution Service of the Department of media should only be made with the prior Attorney General and Justice provides either a agreement of the community concerned. direct service or training of staff from other government departments in negotiation, Traditional decision making and discussion in mediation, facilitation and general conflict Aboriginal societies involved maximum resolution. This service has recruited and participation and representation because family trained Aboriginal staff throughout the State. responsibilities and authority go beyond the nuclear family unit. This may mean individuals It is also important, as part of the community (particularly elders), nuclear families, extended profile, to be aware of community politics. That families, communities and community is, know or get to know through networking organisations may all need to be included in the what issues are priorities and which people are processes of consultation and negotiation. the community power brokers associated with a particular issue.

22 Department of Aboriginal and Torres Strait Islander Policy and Development The need for maximum participation and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ representatives (Council), or another representation is heightened by the diversity in community group, or individual? lifestyles between Aboriginal groups, and between Aboriginal people and Torres Strait • What is the relationship between those you Islander peoples. In addition, consideration wish to consult and other members of the must be given to whether clients live in urban, community (eg the Community Council, or rural or remote settings. community elders)?

The practical steps to take in preparing for, and • Are all the major leadership groups going to undertaking consultation and negotiation, will be represented or consulted (eg Councillor, be discussed under the following headings for Elders, or Church leaders. ease of discussion: • Do you know the nature and origin of the • Community visits: this covers talking with issue or problem - is there a history or individual people, community groups, and background to why you need to consult/ formal community organisations. negotiate?

• Community meetings: this covers formal • Try to second and third guess possible meetings. questions or contentious issues beforehand, and work through possible solutions or 4.1 Community Visits options for handling those issues; ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

When planning a visit to a community or group • Does the topic cover one or more agencies’ consider the following points: jurisdiction (eg is ATSIC Regional Council involved, or another government • Staff must have a clear understanding of their department)? role and the purpose of the consultation. • If other agencies are involved ensure that • Who are the Aboriginal people you wish to they are aware of any visit and what you will consult? be consulting on. Perhaps a representative from that agency might wish to attend the • Whose business is it, according to local meeting as well; culture? Who are the appropriate people/ organisations to contact? What is the • What information can you share as a part of appropriate way to contact them? the consultation process?

• What positions do the people hold? • Remember those being consulted may not

• Are they a part of the formal elected 23 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

have the same background information as ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Requesting a meeting at their organisation to you, so prepare beforehand the information discuss the key issues relevant to specific needed to make the consultation valuable and organisations. productive to both sides. This should be done initially by telephone. • Be prepared to concede or give ground in the Explain the following when discussing the consultation/negotiation process. Think visits: through, prior to the visit, what potential barriers to specific strategies might be, so • Expected arrival date - for remote that these can be shared in the negotiation communities visits should be at the Council’s process (eg fixed budgets, government policy, convenience. If meeting with the Council practical environmental matters, legislative itself it would be preferable to arrange the constraints and potential areas of conflict visit to coincide with the Councils normal with other groups). monthly meeting. Councils have considerable demands upon their time, Remember cultural responses to time concepts particularly from outside agencies wanting are different and sometimes more value is placed time. Consideration of this fact will greatly on other priorities. So an “in by 9 out by 5” enhance the relationship with Councillors; process is rarely possible. Therefore, have a flexible timetable, because arrangements could be • Expected departure date; changed completely with little or no notice due ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ to a range of community issues you may not be • How long you will be needing to talk; aware of and have no control over (e.g. “Sorry depending on the issues - it may require a business” a death; a funeral; a mourning series of visits over a period of time; period). • Where you will be staying (finding When visiting a DOGIT or Shire community, accommodation is not always easy); prior to organising travel arrangements seek • Why you need to visit; permission from the Council to visit the community. However, in urban situations the • Who else you might like to talk to while in process is more likely to be: the community, or at the organisation you are visiting; • Inviting the President and/or Administrators of key organisations relevant to the • Who is travelling with you; consultation issues (eg Aboriginal & Islander Community Health Services - AICHS; • Ask permission to advertise your visit Elders; Councils etc) to a central meeting (if appropriate); place; and/or 24 Department of Aboriginal and Torres Strait Islander Policy and Development • Advise any Department of Aboriginal and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Show that you are patient, as consultation Torres Strait Islander Policy and and negotiation in an Aboriginal manner Development and Aboriginal and Torres takes much longer than in the non-Aboriginal Strait Islander Commission or other relevant world; Regional or Area Office of your visit; and • Demonstrate that you have their interests at • Confirm all of the above in writing. heart, by listening, and then repeating to them the outcomes of the consultation/ Establishing a common purpose negotiation process for them to acknowledge There are powerful images of past paternalistic that you got it right; and and harsh treatment and attitudes associated • Ensure confidentiality if requested. Ensure with the Department of Families, Youth and it only if you have the delegation to do so. Community Care and the government generally. For example, some officers may work in a law With this being the case, it is important for you enforcement/judicial capacity and it may be to consider Aboriginal business as being the mandatory under an Act to disclose most important in any discussion. Important information to a relevant authority to because of real and perceived “hurdles” coming investigate any serious allegations that may out of past dealings. arise from consultation/negotiation meetings. You may need to emphasise the common Overall, if a sense of identity, commitment and

purpose or interests between Aboriginal people ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ honesty is not achieved then the community and yourself and that you are not out to hinder may not continue discussions, or do so out of or interfere, but to assist. It is important to courtesy but with no real interest. emphasise this attitude and you can do this by:

• Respecting the ways the community has for Language organising discussions and formal meetings; Some important points to remember!

• Demonstrating to the community an interest • Don’t assume that your meaning will be clear in their way of seeing the world, and to everyone you talk to. People may not accepting their culture; understand you because:

• Respecting the political structures in the • They don’t understand the words you use. community; Ensure jargon or technical words are minimised and if used they should be fully • Demonstrating that you understand and are explained; sensitive to the different communication styles used, particularly the use of non-verbal • They have different meanings for the words communication; 25 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

you use. Check that you understand their ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Learning a language is a form of identification. meaning and they understand what you are However, ensure it doesn’t identify you too saying. Don’t use common language words closely with one community and exclude you because they may not mean the same thing to from another; and the people you are talking to (e.g. bunji can mean friend or fiancee depending whether • Use any language you learn only where it you are speaking to Murrie’s or belongs (e.g. the home community). Nyoongah’s); External use could see the language misinterpreted and it may also be • You may speak too quickly. For each inappropriate. community you visit and consult with, identify how to speak at a rate they can Communication Generally understand. The level of English understood Try to be open, honest, and sincere. Always go will vary from community to community; into a community and a discussion with an individual to individual; and open mind. Never be boastful about your ideas. In many situations Aboriginal people will use • Use your own style of speech. Do not others to put their ideas forward. You may be mimic Aboriginal patterns of talk, speech or expected to do the same. accents. Off - duty relaxation with Aboriginal people can If English is not their first language:

○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ help in the development of relationships which • When you facilitate meetings, workshops or make work easier. Remote communities are likely training sessions, be aware that there may be a to frown on mixing with the opposite gender need for an interpreter which will assist the outside work hours. Mixed groups are not a process; and problem, but it is to be frowned on to join a group of the opposite gender rather than a • Consult with the interpreter and the relevant group of your own gender. community interest groups before devising the agenda; Indirect Communication In the exchange of information, a natural part of If you are learning a local language remember: Aboriginal communication patterns is the less direct approach. Aboriginal people tend to find • Aboriginal communities welcome attempts to the direct non-Aboriginal style of understand their language. Even if you learn communication confrontational and maybe even a few words you will get on better; rude.

26 Department of Aboriginal and Torres Strait Islander Policy and Development Leading Questions ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ communities, direct eye contact may be Avoid leading questions. In many interactions expected and accepted because you are Aboriginal people may not express a firm government employees. opinion, even though they may hold one. They may discuss a topic generally while gauging The Intrusive “why?” others views, before stating their own. If One of the most striking features of language Aboriginal people find their views on a topic at used by Aboriginal people is the virtual absence odds with others they often will tend to of the reason seeking question “why?”. understate their own. In minimising confrontation and argument, the speaker leaves However, this may occur more in remote areas open the possibility for further comfortable rather than in urban situations. Non-verbal discussion. actions, such as observation, are important for finding out reasons for the actions of others. Important aspects of Aboriginal communication relate to non-verbal exchange of information. When communicating with Aboriginal people, Three key styles of non-verbal communication ensure you as the listener infer links between are: statements.

• the positive, non-awkward use of silence Go-betweens or Mediators which must not be interpreted as “they do The consultative process chosen in any location not understand” (e.g People are remaining ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ will reflect the particular cultural context and non-committal; waiting for consensus; will, itself, be decided upon in consultation with community support; listening.) the Aboriginal community. The role of both • often considerable time delays (frequently formal and informal representatives of the several days) between the initiation of Aboriginal communities must be recognised. information and the imparting of such An option sometimes used by agencies is information; and consultants and/or independent mediators. • use of indirect eye contact which implies Normally, an Aboriginal individual or respect in Aboriginal culture but disrespect organisational consultancy may be available. and possibly a “shifty” type of person in However, this process, and more importantly, non-Aboriginal cultures. However, the the successful consultant (whether Aboriginal advisability of using direct eye contact differs or not) will be most effective if the endorsement from community to community and of the community is obtained. individual to individual. The applicability of this protocol will need to be determined in particular cases. For instance in some 27 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

At some time you will have to use a go- ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ When a client suggests a go-between they want between. This is if: to use then it is usually wise to stick with the client’s choice. • You are relatively unknown by the community; Regional staff of the Department of Aboriginal and Torres Strait Islander Policy and • You are unsure of the language; and Development may be available to accompany you on a community visit. • You are unsure of the customs of the community. Deciding who to speak to

Sometimes a client or community will send a If you are new to a community, it will be vital go-between to see you on their behalf. This can that you approach the leaders of the community be a very sensitive situation and can indicate a before seeking out anyone else. number of things - including: Leaders will give you authority in the • The person or community have sent some- community. one to see you so that they can avoid embarrassment or disagreement or refusal; You will need to avoid becoming dependent on and those people who are easiest to communicate with.

• The business that the go-between is sent to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ discuss is so sensitive that the Aboriginal Avoid dependence on those who seem too ready client cannot discuss it. to reject old ways and accept the new. These people are rarely the leaders. Families who have suffered where a family member has died in custody will often use go- The powerful people in the community will betweens to discuss matters relating to this generally: situation. • Not reveal their opinion until they have seen what the position of others are; When using a go-between with the client present, it is ideal if you can have at least a basic • Make a final speech stating what they are understanding of the conversation between the prepared to accept and when appropriate go-between and the client. make a call for action;

Where possible have a number of go-betweens • Remain silent if they think their views are you can use regularly. They will get a better unlikely to be accepted. Their silence will be understanding of you and what your words noted by others in the community; mean as they become familiar with you. 28 Department of Aboriginal and Torres Strait Islander Policy and Development • Remain silent if they don’t like an idea; and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Observe courtesies when visiting someone’s house: • There are exceptions to every rule and you may find that in fact, some powerful people - Wait at the fence or front door; and in the community will challenge you immediately and expect immediate responses - The people inside will decide who to their requests. should go and see you and whether to invite you in. Women in some communities have become vocal and visibly important people in the political Be careful where you walk when you are on structure of the community. They will tend to DOGIT communities. It is safer to stick to the be open with either a male or a female. roads. Community people may take shortcuts but people would be offended if you did unless However male staff will need to remember that it you are with them and they take you. can be very embarrassing to ask questions that are strictly women’s business (eg child birth and Getting down to business child rearing issues). He may need a go-between When visiting or talking to someone, you need or have a female Departmental representative to decide when it is appropriate to talk about consult instead. the purpose of the visit or discussion.

Female staff will need to be careful of the reverse Sometimes matters of importance cannot be ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ situation and avoid embarrassing men in the approached too quickly or directly. community by asking questions on sensitive issues such as family violence. Proceed at the pace set by the client, and check that the message you wish to give or the one Approaching people you receive is understood, both by yourself, and If you are new, and therefore a stranger to the by the client. Try to relate the business to community, then you need to: practical realities that the client can relate to, such as community landmarks, happenings, or • Work towards building relationships and people. don’t expect people to accept you straight away (if ever!); People will relate to what you do, more than what you say or who you are. Therefore be • Be open minded and flexible in your practice; down-to-earth, honest (never promise and something that you know might be difficult to deliver), and relate to actual, practical things.

29 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

Identifying needs in the community ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ You will need also to make sure that your Community profiles are one way of documenting attention is not given solely towards: the needs of a community. They should be dynamic, active documents, built over time. • A single issue/topic as often there are other These profiles could be developed with the related community concerns. assistance of community members, but only after • Meeting people who are better off and more you have been accepted by that community, and powerful; only after getting the permission to do so by the leadership of the community. It is not good • Meeting men, rather than a mixture of men protocol to develop a profile of a community and women (unless it’s strictly men’s without involving them in it, for it may be open to business); dispute, and lose its credibility. • Meeting women, rather than a mixture of men When identifying the needs of a community, you and women; (unless it’s strictly women’s need to take a lot of care with the methods you business) use. • Meeting only users of services rather than You need to: non-users as well; and

• Pay attention to the needs that the community • Seeing exclusively whatever is modern as leaders identify as important;

○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ good, rather than taking account of and incorporating traditional values. • Accept the solutions that a group or community have in mind and not propose Leave taking bigger, better and grander solutions; and It is expected that you will excuse yourself from • Accept that there are biases in the way you a group and let them know where you are going carry out your enquiries, and also in the way and why, rather than leaving without that clients interpret information. These explanation. biases shape the value they put on things they are told and what they’ll consider as reasonable.

30 Department of Aboriginal and Torres Strait Islander Policy and Development 4.2 Formal Meetings ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Decide whether the meeting needs to be formal or informal (be guided by advice from It is unwise to organise a formal meeting if you the community; community contact; or go- are not known by anyone in the community. between as to which is best);

It is vital you establish and then maintain • Explain why the meeting was initiated: credibility in the community, or you must have contacts in the community who can give you • Agenda; guidance on how to go about organising the meeting without offending important people • Date and time; and community leaders. • Who will be attending; and Find out whether other government agencies have established networks (e.g. Department of • Send any information out beforehand. Aboriginal and Torres Strait Islander Policy and Development, Aboriginal and Torres Strait • Venue - if indoors (and if applicable) be Islander Commission, Centrelink; Department aware of the different levels of comfort zones of Education Training and Youth Affairs or for participants e.g. ventilation; heating; other state agencies). You may be able to tap room layout; atmosphere etc.; into existing processes. • If possible use the local community hall or You will need to identify those groups in the resource centre; or community who are spreading information and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ whose suggested solutions are generally • If outside - possibly under a tree or near a accepted. Meeting agendas are more profitably river; be guided by your networks and/or discussed with these groups. Aboriginal contacts.

Planning the meeting (NB Be aware of possible costs e.g. paying for the hire of When you plan a formal meeting, consider the the hall; refreshments etc.) following: • Be punctual; and • Introduce yourself prior to setting up a meeting by: • Take minutes, which should include:

- Telephone; • purpose of meeting; - Letter; and/or - Personal introduction. • time and place of meeting;

(NB With remote communities, telephone contacts are • who attended; and preferred to letter, and personal visits are preferred to telephone.) • what was decided. 31 Protocols for Consultation and Negotiation with Aboriginal People 4 protocols regarding consultation and negotiation continued

Don’t run a public meeting yourself. Leave this ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • There is also a cultural practice called to the Aboriginal leaders. They will indicate “Murrie time”. In non-Aboriginal culture when you are to speak. Don’t interrupt or this is seen as tardiness or lateness. In correct the speaker when they are introducing Aboriginal culture it is related to a different you. If there is a vital need to correct concept of time and values where there is something, do it without embarrassing the other much less pressure to be “on time”; and person when your turn comes.13 • The number of meetings is determined by the When to hold a public meeting outcomes your organisation and the community desire. That is, meetings could Meetings are not the usual way communities be a one off event; incremental or ongoing. reach agreements. Meetings are used to confirm that agreement has been reached. Actual When speaking at public meetings decisions occur outside the meeting process. Therefore, you should treat the meeting as an You should not use public meetings to extract information giving exercise. information or make final decisions on issues, so you will therefore need to: However, be aware of exceptions, where some communities or agencies may use the meetings • Avoid cross examining any person about not only as an information gathering forum but their opinions; will use the meeting to make decisions and • Avoid asking a person about the source of advise you of outcomes as such. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ information; Timing for holding the meeting must be convenient for those who attend. You cannot • Avoid being too blunt with any situation expect people to assemble when it is convenient where there is need to correct what another for you. People in the community have their person has said; own tasks to do, and these are important to them. Also consider the following:

• When visiting a wet community (has a canteen), morning visits are usually more productive;

13 Fuary, M. (1985), Communicating with Torres Strait Island People • Pension pay days, or wages pay days are (Modelled loosely on John Von Sturmer’s 1981 article Talking with usually shopping days and are therefore not Aborigines, [A.I.A.S. Newsletter # 15 New Series, May], (p. 2) Paper convenient; presented at the Cross-Cultural Communication Seminar, organised

by the Department of Children’s Services, Cairns, May, 1985. 32 Department of Aboriginal and Torres Strait Islander Policy and Development • Avoid personal names and references (eg ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ talking to the students later that restlessness in “Well John over there reckons this is a good the audience while he was telling a story did not idea.” or “I heard people in the community necessarily mean that they were not listening. say this is a good idea”); Asking questions at meetings • Avoid direct criticism; You should not expect too many questions • Avoid causing anyone to suffer the loss of from people at public meetings. The reason for personal dignity; and this is that in Aboriginal society, it is bad manners to be too curious or inquisitive. • Practice being indirect and develop the art of Aboriginal people resist answering too many distancing yourself from an idea. questions because it goes against their idea of independence and privacy. How people pay attention at meetings Don’t make assumptions - and clarify Generally speaking an Aboriginal audience throughout the process. contains more people talking and more people moving about, than would a non-Aboriginal Do not pose hypothetical questions. Aboriginal audience. A new non-Aboriginal teacher at people deal in practical real issues. Milingimbi was surprised to discover while ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

33 Protocols for Consultation and Negotiation with Aboriginal People 5 providing feedback

Aboriginal clients have the right (as any client) to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Opportunity for further input, if possible; receive feedback during consultation and after decision making processes. • The impact of the consultation on the decisions (where possible); and The types of feedback include: • The recommendations provided and/or the • A verbal summary at the end of the final decision. consultation exercise; This will depend on the resources available and • A written summary of the input received; and agreement should be reached with clients during the consultation. A range of methods are: • The final decision/outcome. • Mail-out of a written report to all Feedback should generally include: participants;

• A report on the proceedings of the • Telephone or personal contact with consultation (e.g. the main points made at participants (if applicable); the meeting or workshop); • To provide feedback through a community • Information about the scope of the newsletter (all involved clients would need consultation and diversity of opinions access to this newsletter); obtained; ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • Mail-out of a written report only to those • An analysis of how that information relates who request feedback; and to input from other consultation processes, government agendas and other relevant • Publication of feedback in local media factors; (if applicable)

34 Department of Aboriginal and Torres Strait Islander Policy and Development 6 evaluation

Evaluation of what has occurred is critical. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ • How do the outcomes compare to the Evaluation should be proactive and occur agency’s previous consultations or similar throughout the consultation, as well as at the consultations conducted by other agencies; end. It is a necessary measure for checking the success or failure of the consultation/ • What worked well? How could those negotiation process and provides a means to features be enhanced?; ensure all relative outcomes have been recorded and followed through. The aims of evaluating a • What factors inhibited the consultation? consultation program are to: Can they be overcome in the future?;

• Look at or judge performance; • What are the unavoidable constraints and how do they affect outcomes? • Receive feedback to further improve efficiency, effectiveness and performance; • Was the time available adequate? Would additional time have improved results?; • Assist with future planning of consultations: for example; identify the most appropriate • Were there unnecessary delays during the techniques or effective means of information consultation? How could they be avoided in sharing and gathering; help to determine the the future? ; best way to use financial, human and time • Has the consultation been of benefit to resources and further investigate and solve

○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ participants? Did participants gain skills or identified problems; knowledge that will assist them and/or future • Identify and improve strengths and consultations? You will need to further weaknesses in methods and processes used; consult participants to find out;

• Improve communication between you • How will the outcomes of consultation/ (your department) and the community or negotiation be conveyed to participants?; organisation • How will the outcomes of consultation be • When developing an evaluation process conveyed to staff, other agencies and or the consider the following: community?;

• How should success be defined and • Notify participants if problems in relation to measured? By whom should success be what has been agreed arise; defined and measured? Do the outcomes • How will the information gained be used?; correspond with the objectives?; • How will decisions reached be 35 Protocols for Consultation and Negotiation with Aboriginal People 6 evaluation continued

implemented?; ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ implemented and after a defined time.

• Were participants satisfied with the feedback they received on decisions and how their views have been taken into account?; and

• How will the results of the evaluation be recorded and retained for future reference?

Each consultation and/or public meeting should be evaluated by a short but formal process. Further evaluations should take place as programs, plans, strategies and tasks are ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

36 Department of Aboriginal and Torres Strait Islander Policy and Development 7 further information

Staff of the Department of Aboriginal and Torres ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Queensland Aboriginal and Islander Health Strait Islander Policy and Development are Forum available and willing to facilitate any consultation/ Chairperson negotiation process including offering help in 4 Quirk Street identifying the appropriate people/groups to THE GAP Q 4067 consult. Important agencies to be aware of are: Ph: (07)3300 6502

Aboriginal Co-ordinating Council Foundation for Aboriginal and Islander PO Box 6512 Research Action (FAIRA) CAIRNS NQ 4870 37 Balaclava Street Ph: (07) 4031 2623 WOOLLOONGABBA Q 4102 Fax: (07) 4031 2534 Ph: (07)3391 4677 Fax: (07)3391 4551 Ministerial Advisory Council on Aboriginal and Torres EMAIL: [email protected] Strait Islander Education (MACATSIE) INTERNET: www.faira.org.au PO Box 33 BRISBANE ALBERT STREET Q 4001 Aboriginal and Torres Strait Islander Advisory Board Ph: (07)323 70807 (ATSIAB) Fax: (07)323 70289 Chairperson EMAIL: [email protected] PO Box 397 BRISBANE ALBERT STREET QLD 4002 Joint Ministerial Advisory Council on Housing and Ph: (07)322 48551 Infrastructure (JMAC-HI) Fax: (07)322 47329

Executive Officer ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ 1 800 812 409 GPO Box 70 BRISBANE Q 4001 Aboriginal and Torres Strait Islander Commission Ph: (07)322 51929 (ATSIC) - State Office Fax: (07)322 76736 GPO Box 2472 BRISBANE Q 4000 Nagi Binanga (Aboriginal and Torres Strait Islander Ph: (07)3234 4222 Advisory Committee on Employment, Training and Fax: (07)3221 6008 Industrial Relations) INTERNET: www.atsic.gov.au C/- Executive Officer Locked Mail Bag 527 Australian Institute of Aboriginal and Torres Strait GPO BRISBANE Q 4001 Islander Studies (AIATSIS) Ph: (07)3247 5451 GPO Box 553 Fax: (07)3247 5433 CANBERRA ACT 2601 Ph: (02)6246 1111 Fax: (02)6249 7310 EMAIL: EMAIL:@elc.aiatsis.gov.au INTERNET: www.aiatsis.gov.au

37 Protocols for Consultation and Negotiation with Aboriginal People 8 cultural communication cues

Accept you are in another cultural ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Build enduring relationships with world and on another community groups. person’s property. Develop healthy working Acquire a sound knowledge of the relationships with councils, diversity of Aboriginal communities, organisations culture. and individuals - promote goodwill and understanding Adopt a participatory role rather between all parties. than a controlling role. Disseminate information or ideas broadly Allow time for people to think across all stakeholders in a about ideas and proposals fair and equitable manner - and to discuss them ensure no one is informally amongst disadvantaged. themselves. Encourage participation in discussions, Analyse situations or problems meetings and forums. carefully and in detail to provide an appropriate Endeavour to be open, honest and solution or outcome. sincere. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Anticipate barriers in cross-cultural Expect resistance to ideas and communication because of proposals that are the opposing conceptual incompatible with Aboriginal systems. views.

Appraise each meeting or contact Familiarise yourself with the socio- situationally - no two visits political profile of the or meetings are alike. community you are working in.

Identify key stakeholders in the community including chairpersons, council members, Elders, - both men and women and respected

38 Department of Aboriginal and Torres Strait Islander Policy and Development younger people possessing ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Talk in a style that is clear, higher education. understabdable, free of jargon and acronyms. Listen to people’s views and take them seriously, keep in mind Understand cultural and community that your perspectives and dynamics - stereotyping concepts may differ from should be avoided as each others - give a little, listen a community is unique and little, learn a little to find out each have their own what the other party needs. individual needs.

Promise only what you can deliver or are capable of acheiving.

Respect people’s customs; culture; values; religion; dignity; and feelings. ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

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41 Protocols for Consultation and Negotiation with Aboriginal People