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2.0 Background Background 2.0 Background Queensland Productivity Commission 9 Background The service delivery environment in remote and discrete Aboriginal and Torres Strait Islander communities is a product of legacy factors and current governance and commissioning arrangements. This chapter provides an overview of these issues and outlines the current architecture for service delivery. Key points • A range of legacy factors impact on outcomes and opportunities in communities. • Most discrete communities are former missions, located without consideration of traditional Aboriginal land areas or economic viability. Many of the missions and reserves, and several Torres Strait Islands were granted to the communities in the mid-1980s. Aboriginal shire councils and Island councils obtained powers associated with local governments in 2005–07. Today, around 40,000 Aboriginal and Torres Strait Islander peoples live in the remote and discrete communities. • Numerous reviews and several Royal Commissions have investigated issues facing Aboriginal and Torres Strait Islanders. Recommendations have consistently centred on empowerment and self- determination of Indigenous peoples, and the need to address socioeconomic determinants. • Services are delivered via a complex system overlapping all three levels of government, non-government organisations and a well-established Indigenous organisational sector. All levels of government make policies, fund and deliver services that impact on outcomes in the communities. • Government funding and commissioning dominate service delivery, with implications for how services are delivered and the fiscal sustainability of Indigenous organisations and communities. Most services are delivered by government and mainstream non-government organisations. • Indigenous councils provide municipal, social and other services to their communities. Other key Indigenous organisations include the Torres Strait Island Regional Authority, Aboriginal Community Controlled Health Organisations, community justice groups, land councils, native title representative bodies and the Cape York Partnership. Queensland Productivity Commission 10 Background 2.1 The remote and discrete communities Remote communities are those communities within the area defined as ‘remote’ or ‘very remote’ under the Australian Bureau of Statistics’ Standard Geographical Classification Remoteness Structure (Appendix D - map). Discrete communities are bounded geographical locations inhabited predominantly by Aboriginal and Torres Strait Islander people with housing or infrastructure owned or managed on a community basis. See Appendix E for a list of discrete communities. Around 20 per cent of Queensland’s Aboriginal and Torres Strait Islander population (40,000 people) live in remote or very remote parts of the state. This includes over 22,000 living in mainland discrete Aboriginal and Torres Strait Islander communities and 7,000 in the Torres Strait (QGSO 2016a). The remainder live in other remote areas, mainly in mainstream townships. According to the 2016 Census, 27 per cent of Queensland’s remote population is Aboriginal or Torres Strait Islander. This percentage increases to 85 per cent in the Torres Strait and 93 per cent in mainland discrete communities. The population of Queensland’s remote and discrete Aboriginal and Torres Strait Islander communities is significantly younger than the rest of Queensland, with over half the population under the age of 25 (Figure 5). Figure 5 Age distribution of Queensland's remote Indigenous population, 2016 Source: ABS 2016. Queensland’s discrete Aboriginal and Torres Strait Islander communities experience a significantly lower rate of population growth than Queensland overall. The Queensland Government population projections medium forecast estimate that Queensland’s population will increase by 51 per cent from 2011 to 2036, whereas Queensland’s discrete communities will increase by 24 per cent in the same timeframe (QGSO 2015). This low rate of growth is likely largely a result of people leaving these communities. 2.2 Historical context Many of the outcomes and challenges faced by remote and discrete Aboriginal and Torres Strait Islander communities continue to be influenced by past government policies and other historical factors. Table 2 provides a brief timeline of events relating to Aboriginal and Torres Strait Islanders in Queensland. Queensland Productivity Commission 11 Background Table 2 Timeline of key events relating to Indigenous Queensland, 1770–recent Date Event 1770 Start of colonisation. Estimated Aboriginal population 750,000. 1800– Frequent contact of coastal clans with maritime traffic inside Barrier Reef and Torres Strait. Moreton Bay convict settlement confined to its immediate hinterland. 1840– Rapid pastoral push into Queensland. By 1870 most easily accessible grazing land was stocked with sheep or cattle. ‘Border wars’ with Aboriginal peoples. Small camps of Aboriginal people were established on the outskirts of towns and curfews against Aboriginal people were imposed. 1865 First legal removal of Aboriginal children under the Industrial and Reformatory Schools Act 1865. 1879 The Torres Strait Islands were made part of Queensland by the Colonial Parliament without consultation with Torres Strait Islander people. 1885 The Queensland Elections Act 1885 specifically excluded ‘Aboriginal natives’ from voting. The Aboriginal Protection and Restriction of the Sale of Opium Act 1897 (Qld) (Protection Act) made Aboriginal people wards of the state, removing freedoms in 1897 relation to movement and labour, custody of their children and control over personal property. Reserves created where Aboriginal people could be forcibly relocated by government. Reserve locations ignored traditional Aboriginal land areas and were often chosen based on land considered not suitable for cattle raising. Federation. The Commonwealth Constitution stated 'in reckoning the numbers of people … Aboriginal natives shall not be counted'. States retained their power over 1901 Aboriginal Affairs. States continued policy of removing children from their families. Torres Strait Islanders brought under the Protection Act. Torres Strait Islanders owned the largest pearling fleet in the north, marketing products through the Native 1904 Trading Station and Branch stores. 1920 Aboriginal population of Australia estimated to be 60,000. 1939 New legislation. Unlike the Aboriginal Act 1939 (Qld), the Torres Strait Islander Act 1939 gave constitutional effect to a system of self-government. 1948 The Citizenship and Nationality Act 1948 gave ‘Australian citizenship’ to all Australians. However, Aboriginal people still suffered legal discrimination at the state level. 1962 Electoral Act amendments gave the vote to all Aboriginal people in federal elections. Queensland Productivity Commission 12 Background Date Event 1963 Police evicted residents at Mapoon, Queensland. People were taken to other reserves and their settlement was burned down to allow mining by Comalco. The Aboriginal and Torres Strait Islanders’ Affairs Act 1965 (Qld) (assimilation law) gave the Director of Aboriginal Affairs considerable power over ‘assisted’ Aboriginal 1965 people. The Commonwealth Referendum passed. All Aboriginal people are counted in the national census, and the Federal Government can legislate for Aboriginal people in 1967 the states. The 1965 assimilation law was replaced with the Aborigines Act 1971 (Qld) and the Torres Strait Islanders Act 1971 (Qld). Both these laws abolished the Director’s 1971 power to remove children. 1984 Aboriginal Child Placement Principle adopted (Qld)—an Indigenous family must be the preferred placement for an Indigenous child in need of alternative care. Community Services (Aborigines) Act and Community Services (Torres Strait) Act 1984 (Qld)— Indigenous councils responsible for supply of town and social services. 1991 Aboriginal Land Act 1991 and Torres Strait Islander Act 1991 provided for Indigenous land rights in Queensland. 1992 Native title was first recognised by the High Court in the Mabo case. The Legislative Standards Act 1992 (Qld) required that legislation has ‘sufficient regard to Aboriginal tradition and Island custom'. 1994 The Torres Strait Regional Authority (TSRA) was established. 1999 The Parliament of Queensland apologised to Aboriginal and Torres Strait Islander people in Queensland for the past separation of children from their families. 2002 First alcohol management implemented in partnership with the Aurukun community. 2008 National Apology to the Stolen Generations. The Council of Australian Governments entered the National Indigenous Reform Agreement, focused on closing the gaps in health, education and employment. Australian Government endorsed the United Nations Declaration of the Rights of Indigenous Peoples, which includes the right to self-determination, and that states 2009 shall take effective measures to ensure continuing improvement of their economic and social conditions. 2010– The Constitution (Preamble) Amendment Act 2010 (Qld) inserted a preamble into the Constitution of Queensland 2001, recognising Queensland's Indigenous peoples. Despite governments’ attempts to close the gaps, poorer outcomes for Indigenous people prevail. Source: (Australian Museum 2015; Queensland Parliament 2015, 1992; RQI 2008; UN 2008; Wyvill 1991). Queensland Productivity Commission 13 Background The remote and discrete communities Most discrete communities in Queensland are former missions established on land
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