Submission committee re constitutional recognition 2018

My name is Liz Heta I am a proud Wiradjuri person. My Aboriginal ancestry runs through my maternal blood line my mother is Nancy Rooke born on the sandhills of Narrandera , my nana Annie Scott (Glyde) born in Hay, my great grandmother Martha Glyde was born ? unsure no record though through oral history was told Martha was born on the Grong Grong reserve (station) and taken at the age of 2 by reverent Watson who gave her the name Martha Watson and took her to Wellington.

I was at the Wodonga Hearing on the 24 September and listen to the questions directed at the people been interviewed .

My knowledge of Albury Wodonga Albury Wodonga - I moved here in 1981 my mother was already living in Albury and moved here around 1977. When I first came to the area Albury Land Council was established and was dominated by Barkindji people. Wiradjuri people living here were the minority. In the mid to late ‘70’s Albury was well known as a resettlement area. Aboriginal people were enticed to Albury by government in lieu of jobs better conditions housing, education and health. Other the years of working with community and individuals. I recognised that there was no family that had ongoing connection to the area or they did not identify anymore as Aboriginal loss of oral knowledge, Aboriginal people in Albury Wodonga were a mixed mob of over 50 nations living here, so we looked after community We always recognised Albury as Wiradjuri and the river was not a boundary as community moved to both sides and congregated both sides of the river.

I moved to Wodonga from Albury in 1986 were it was said no Aboriginal lived so a few of us living in Wodonga gathered and developed a LAECG then we developed Mungabareena Aboriginal Corporation a place for community to gather support and advocate.

There was a knowledge of North East Victoria of small pox and influenza causing great sickness for the tribes of North East. I had not met or heard of anyone saying they were ancestry linked to the area. In early 2000 I was working as a Aboriginal Liaison Officer and was involved in some work around the Hume dam, this is when I meet a man who was Dhudhuroa and lived near Wodonga but did not connect with the Aboriginal community, living in Wodonga. A Dhudhuroa and Waywuruu language retrieval project was done by a group in Wodonga, then it was spoken about the country been of Dhudhuroa , then when Registered Aboriginal Parties were been established in Victoria . Dhudhuroa people started to come forward (with no disrespect ) as they were recognising themselves as another tribal group with ancestral links to Dhudhuroa, this confused a lot of community then people had their own thoughts re who country Wodonga sat on . While the tradition al owner groups were not communicating with each other or limited connection with the local Aboriginal communities

I had asked some old Aboriginal people who have now passed and I asked what was Wiradjuri boundaries in Albury Wodonga area I heard something different

• Tumut elder – Dhudhuroa were a small group living on the other side of Mt Pilot and along the rivers . Wiradjuri crossed the river but did not expand on this • Narrandera elder who was 90 years old – told me if you draw a straight line between the SA boarder and where the Murray start the piece that crosses the river at Albury that is Wiradjuri Country

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• Elder living in Albury had evidence Wiradjuri crossed the river and travelled down to Benalla • Elder living in Albury she had been taken to backwash bend at Howlong which was a Wiradjuri Boundary then travelling to a tiered rockface near Beechworth then travelling to the west of Corryong was Wiradjuri country

I don’t have the evidence just the oral story told to me of what I have written and the truth of what was told to me. I tried to do some reading which is not great very interest accounts of Aboriginal people records , old papers, journal’s and map but does not give a whole picture. So I would love to know the truth and pay homage to the ancestors who spirits are still in this country.

There has been lots of conflict between traditional owner groups in this area and community don’t want be say what country we are on is case we get it wrong. I don’t say much as I only have the oral stories and nothing in concrete. We are a community that were built to represent Aboriginal people from many tribes.

I personal think until we understand this area and who walked before us , until we can sit at a table together and understand and put the story together maybe then we really know who’s country we are on - Wiradjuri, Dhudhuroa, Waywuruu, Yaitmathang, Bangerang Djilmatang, Minjambuta, Kwat Kwat, Walgalu, Taungurung, Yorta Yorta , Pallanganmiddang

There is a lot of work that needs to be done and many of us have little bits of the picture and many don’t want to share or work together but maybe this could be done with sensitivity and the unfolding of the truth not what’s in it for personal gain

I also don’t want a platform of a power base that somehow a voice can be heard that totally understands the great uniqueness of our journey and diversity of communities

Confirmation of Aboriginality Over the past years in this area, there has been within the Aboriginal community’s discussions and debate on proof of Aboriginality or sometimes called confirmation of Aboriginality, which is required for Aboriginal / Torres Strait Islander people to apply for services from Aboriginal organisations and mainstream agencies such as Social Housing, scholarships or person grants such as sports, Educational programs, employment and many other services. This submission has twofold 1. To be a guide to allow open and factual talk about the representation of Aboriginal in community and an out of date system in which government defines who is an Aboriginal person 2. Increase people knowledge as to how confirmation of Aboriginality can be difficult and cause further hardship for people trying to obtain this paper.

As we are going into new or renewed policy re self-determination treaty and recognition in the constitution, we need to be mindful of the difficulties that some Aboriginal people can be experiencing and this brings me to write to the committee to ensure that this matter is considered when having a platform of voices to the federal or state are aware of the issue for some Aboriginal people trying or not wanting to go down a road to prove their who they are.

Background In the 1980s a new definition was proposed in the Constitutional Section of the Department of Aboriginal Affairs' Report on a review of the administration of the working definition of Aboriginal and Torres Strait Islanders (Canberra, 1981). The section offered the following definition: An Aboriginal or Torres Strait Islander is a person of Aboriginal or Torres Strait Islander descent who identifies as an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he (she) lives. This three-part definition (descent, self-identification and

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community recognition) was soon adopted by Federal Government departments as their 'working definition' for determining eligibility to some services and benefits. Further reading Department of the Parliamentary Library research note Number 18, 2000–01 ISSN 1328-8016 Aboriginality has been the cause of many frustrations for Aboriginal organisation, which has caused some Aboriginal corporations not to do Aboriginality and other organisation, only people who are descendants of the nation in which the corporation operates.

Issues presented to people gaining their Aboriginality • Many Aboriginal people today and throughout Aboriginal history in Australia struggle with identity and connection this is due to acts of racism, forced removal, hidden generations1 and many disadvantages. Aboriginal people were targeted by government, communities and individuals; • Australia is a free country for all to move freely between states towns and cities which have caused some Aboriginal people to loose connection to their communities. • Many Aboriginal people moved around the country to avoid the welfare from taking their children and followed seasonal picking jobs • Some Aboriginal people have escape violence, poor conditions, and family breakdown; live a transit life and isolation from their communities and family. • Lateral violence is a term that describes "a form of bullying that includes gossip, shaming and blaming others, backstabbing and attempts to socially isolate others. The roots of lateral violence lie in colonisation, oppression, intergenerational trauma, powerlessness and ongoing experiences of racism and discrimination. Research suggests that as many as 95% of bullying occurs amongst Aboriginal people themselves. Aboriginal people and family groups have been the target of lateral violence. Aboriginal people can refer to these people as “Johnny come lately or tick a box” and if the board of Aboriginal organisation’s who control their common seal have been seen to use lateral violence to deny a person’s confirmation

These are some of the factors above has caused people today seeking confirmation of Aboriginality to endure added pain and forced alienation by some Aboriginal people, Aboriginal communities and Aboriginal services.

How do other Local Aboriginal organisations service the community? • Locally Mungabareena Aboriginal Corporation (MAC), do not ask for proof of Aboriginality before a person uses their services or attends their program or events. To apply for housing you must be a member and to be a member you need your Confirmation of Aboriginality • AWAHS ask the question. Are you of Aboriginal or Torres Strait Island descent? (Only for medical service not community events and programs). This service is based of self- identification though a policy was introduced in 2017 confirmation of Aboriginality was introduced for clients over 18 must be given for services that are restricted funding (though the process also allows a stat dec). This policy has since been rescinded due to confusion of access for services by community, mis information that was fed through the community, Aboriginal staff been abused and Aboriginal people not wanting to “carry a paper” around to say they are Aboriginal. The board at no time wanted to place more harm and hardship on a community • Full Membership to the above organisations people must be Aboriginal descent • Rumbalara Aboriginal Co-op must be a member of Rumbalara to use the service Rumbalara do their own proof of Aboriginal. This also depends on the services or programs • Yorta Yorta Nations and Taungurung Clans Aboriginal Corporation only Aboriginal people who have ancestral links to their country (within the organisations nations boundaries) • Some Medical centre must have proof of Aboriginal though people who are known are accepted without proof. • Some services open up their GP services to anyone to gain the maximum benefits from medicare rebates which these services see as benefiting the Aboriginal community as the raised medicare receipts go back into community programs and resources

1 Aboriginal people who for fear of loosing their children and facing racism hid their heritage

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• Some organisation have Aboriginal clients don’t need to make an appointment while non Aboriginal people have to have a booking

As from the points above no service operated the same and is specific to the need and the community they service. No Corporation have the same procedure for confirmation of Aboriginality or use the same form.

Case Story 1 An elderly Aboriginal man with numerous medical conditions, under an age care package, living in Vic, wanted to move back to country and family who he had been estranged for many years. He had burnt many bridges in his time and spent some time in jail. His case manager wanting a streamline move from one state to another had arranged all his affairs the stumbling block was this man access to the local Aboriginal Health service. The barrier was he had to have his confirmation of Aboriginality before accessing the service (though the service had his sister as a client), the Aboriginal man was requested to be interviewed by the board of the health service when he arrived back into the town. (This interview could not be done over the phone). In the end it was all to hard and the elderly Aboriginal man was not going to use the local Aboriginal Health service it was easier to access main stream service Note the barriers Aboriginal services were supposed to break down, seem in this case bigger to hurdle then just going to mainstream

Case story 2 An elderly man came to me one day and said he had just found out at the age of 75, he is Aboriginal. His old mother had just passed away she was in her 90’s and as they cleaned out her processions they found paperwork of her Aboriginal ancestry and heritage. He was told all his life he was Maori and he just wanted to talk about what this all met for him. We talked about the history and harm but he was fortunate his had information of his connection to country and was able to travel to Nowra NSW to start a journey of who is was Not often people know who they are connected to and don’t have the same fortune to have evidence to trace

Personal story I am a very proud Aboriginal person who has worked tirelessly for the community of Albury Wodonga for over 20 years as a worker and volunteer - founding member of one of the ACCO and actively involved in the board of AWAHS for over 12 year. I believe I had earned respect from community and stayed true to my values always. There was an Aboriginal man that did not like me and decided to spread around community “I was not Aboriginal”. I was devastated by this, not for me but my children, my mother and my family that has passed the hard life they had endured, poverty and trauma. To have to disprove this gossip and continue to stand strong was an experience I had never gone through before , but made me stronger to not allow this behaviour and harm for many Aboriginal people to continue.

Considerations when seeking proof of Aboriginality • To provide confirmation of Aboriginality you need an Aboriginal incorporated body and common seal • There are three criteria for confirmation of Aboriginal or Torres Strait Islander heritage that are usually accepted by government agencies and community organisations. They are: o being of Aboriginal or Torres Strait Islander descent o identifying as an Aboriginal or Torres Strait Islander o being accepted as such by the community in which you live, or formally lived • People new to the community, have not been involved in the community or no known connections, are often told to go back to their country for proof, some towns do not have any incorporated bodies or do not have a current Aboriginal community that identify to provide that proof • Organisation find it hard (time and board resources) to cope with the increasing request for Aboriginality and the difficulty in knowing all the Aboriginal community. Aboriginal

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organisation often receive backlash if there are community people that do not believe that confirmation of Aboriginality should have been given • Legally if Aboriginal organisations deny an Aboriginal person a service and they can provide a case they can make complaints to fair trading and funding bodies which can be detrimental to the organisation. Cases have been won through the courts and Human Rights courts because Aboriginal people have been denied access • we need to ensure we not alienating more vulnerable Aboriginal people who struggle for proof of Aboriginality because of the many reasons stated above • Aboriginality does not satisfy some Aboriginal people who are of the opinion to many non- Aboriginal people accessing the service or they are not of Aboriginal descent (even if they have proof) • It can take months for people to get their proof of Aboriginality as they need to wait for a board or community meeting, or trace their history and go back to country and hope there are people still alive that remember their family • People who are of the stolen generation there are workers who can support stolen generations to find their mob and trace their history though this can again take many months to years of research

Conclusion Gaining confirmation of Aboriginality is complex issue and not a simple straight line for some; not only for some Aboriginal people but for Aboriginal organisations and board members who have to make decisions that impact on people lives. There are no straight answers and there are always individual stories and barriers that will deny people confirmation of Aboriginality. With Aboriginal people moving from country our elders voice and knowledge disappearing how do we have a better system to do this

There will be people who want to abuse the system and state they are Aboriginal when they are not Aboriginal, usually done for their own gain or think they will gain something (though this is a minority). Legally if you have a confirmation of Aboriginality its can be discrimination to refuse service (a medical service has been sued and the man won his case)

When deciding a platform for a voice to parliament I am asking the committee to consider what I have said that we have to stop further harm to people and take time to listen to peoples stories and not put in more barriers that cause division. Elders voices are disappearing and people are not listening a quote (unknown author) “Isn’t it weird how people talk so much about you, When the only thing they actually know is you name”

Written by Liz Heta – 2018

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