NSW Government Response to the

Standing Committee on Indigenous Affairs Inquiry

Pathways and Participation Opportunities for Indigenous Australians in Employment and Business

Prepared by the Department of Premier and Cabinet

Contents Introduction ...... 3 OCHRE, the NSW government plan for Aboriginal affairs ...... 3 NSW 2040 Economic Blueprint: Investing in the State’s future ...... 4 1. Promoting employment ...... 5 Opportunity Hubs ...... 5 Kimberwalli...... 5 New Careers for Aboriginal People (NCAP) ...... 6 Aboriginal Enterprise Development Officer (AEDO) program ...... 6 The Way Ahead for Aboriginal People (TWAAP) ...... 6 Elsa Dixon Aboriginal Employment Grant (EDAEG) ...... 7 NSW Government Aboriginal Employment Strategy ...... 7 2. Barriers and Possibilities ...... 9 Premier’s Priorities ...... 9 Aboriginal Tourism ...... 9 Infrastructure Skills Legacy Program ...... 10 Social Impact Investment (SII) ...... 11 Outcome based budgeting ...... 11 3. Entrepreneurial Opportunities ...... 12 Business Connect ...... 12 The NSW Government Aboriginal Procurement Policy (APP) ...... 12 The NSW Procurement Aboriginal Participation in Construction ...... 13 Review of the APP and APIC policy ...... 13 Land Rights ...... 14 Land and Sea Management ...... 14 4. Opportunities for working collaboratively with the Commonwealth ...... 16 Local Decision Making ...... 16 Drought and Bushfire Resilience ...... 16 Aboriginal land and natural resource management ...... 17

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Introduction (NSW) acknowledges the importance of working closely with Aboriginal communities for a strong economic future – for communities, families and the next generation. The NSW Government respects the aspiration to realise the economic benefits of hard fought rights to land and resources, through the growth of Aboriginal community controlled organisations and alongside wealth creation, employment and enterprise opportunity.

It is also given that NSW First Nations continue to make a significant contribution to the NSW economy.

To ensure Aboriginal people continue to participate in a strong NSW’s economy, the NSW Government is committed to: • Supporting Aboriginal people, particularly youth, through education and into rewarding careers; • Procurement that drives social and economic outcomes through spending; and • Working with communities to build resilient and fit for purpose infrastructure.

This submission in response to the Standing Committee on Indigenous Affairs Inquiry into Pathways and Participation Opportunities for Indigenous Australians in Employment and Business, describes the NSW Government initiatives that meet these objectives. NSW has a wide range of education, training, employment and business enterprise programs, reflecting the size and diversity of NSW Aboriginal populations. The initiatives are described in the context of the Committee’s terms of reference (ToR), and under the headings: • Commencing Employment • Barriers and Possibilities • Business Opportunities

The NSW submission also outlines areas of potential partnership with the Commonwealth. NSW welcomes the Commonwealth’s contribution to a strength based approach in NSW that encourages individual aspiration in addition to emphasising community resilience. The NSW Government would be pleased to provide further information on any aspect of this submission or to meet with the Standing Committee should this be considered useful.

OCHRE, the NSW government plan for Aboriginal affairs In 2013 the NSW Government launched OCHRE1, the NSW Government’s community focussed plan for Aboriginal affairs. OCHRE responded to the work of the Ministerial Taskforce for Aboriginal affairs and stands for Opportunity, Choice, Healing, Responsibility and Empowerment. The Taskforce conducted extensive consultations with communities, stakeholders and industry providing some 2,700 people the opportunity to contribute directly to the Plan. Reflecting these discussions the OCHRE Plan highlights the core values of aspiration, opportunity and responsibility and states that: • Government should do things with Aboriginal communities, not for or to Aboriginal communities • The strongest communities are those that drive their own solutions • Sustainable change occurs over a generation and young Aboriginal people are at the centre of that change • The business community has a key role to play in broadening opportunities for Aboriginal people OCHRE aims to support strong First Nations communities where people participate fully in social, economic and cultural life. To achieve this we set out to:

• Teach more language and culture to build people’s pride and identity

1 The OCHRE plan can be found here: https://www.aboriginalaffairs.nsw.gov.au/pdfs/OCHRE/AA_OCHRE_final.pdf

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• Support more students to stay at school • Get more young people into fulfilling and sustainable jobs • Grow the capacity of local leaders and communities to drive their own solutions • Focus on creating opportunities for economic empowerment • Make both government and communities more accountable for the money they spend. To support and inform the policy changes that flow from OCHRE, AANSW has built a research agenda that makes a calculated and, perhaps, historic shift in emphasising hope over despair, aspiration over services, and placing the transformation of the relationship between Aboriginal peoples and government at its centre. Our agenda reflects our desire for a new narrative in Aboriginal affairs and demonstrates our commitment to embedding Aboriginal voices and perspectives into policy development and implementation. The current research priorities include Aboriginal economic prosperity.

NSW 2040 Economic Blueprint: Investing in the State’s future In 2019 the NSW Government released the NSW 2040 Economic Blueprint. The Blueprint sets out the risks and opportunities facing the NSW economy and commits to making NSW a $2 trillion economy by 20402. The Blueprint identifies self-determination, better education and healthcare as priorities for mob in NSW. Secondly, the Blueprint highlights the central place of Aboriginal culture in NSW, and the value that comes from Aboriginal people’s contribution to the economic and cultural life of the state.

2 The NSW economic Blueprint can be found here: https://www.treasury.nsw.gov.au/nsw-economy/nsw-2040-economic-blueprint

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1. Promoting employment

Under OCHRE, The NSW Government has a range of initiatives that are relevant to growing the first economy of NSW. Opportunity Hubs OCHRE supports young people as they move through the final years of school into further education, training or employment. This includes through 15 Connected Communities schools where the Department of Education works with the Aboriginal community, agencies, local Government and the business, TAFE and University sectors. It is also pursued through the NSW Government’s ground breaking Opportunity Hub initiatives. Opportunity Hubs have been established in four locations - Campbelltown, Dubbo, Tamworth and Upper Hunter - and there will be an additional Hub in Liverpool by end of 2020. These locations were chosen because communities in these places showed they had:

• Engaged Aboriginal leadership • Significant Aboriginal school populations • Growing employment opportunities • A supportive NGO and business sector community • Career counselling and mentoring community resources • Nearby VET or tertiary education providers. Opportunity Hubs have been shown to bolster young people’s capacity and confidence to navigate the pathway from school to further education, training and employment. Opportunity Hubs facilitate partnerships between schools, employers, education and training providers and the local community to coordinate and match employment, training and further education opportunities to individual aspiration and measure success through increased:

• Participation and retention at school • Aspiration and expectation of career pathways • Enrolment in further education and training • Placement in sustainable jobs. Kimberwalli In 2015, the NSW Government committed $20 million to establish an Aboriginal Centre for Excellence in Western . The Centre has become a key component of the Western Sydney City Deal between NSW and the Commonwealth and supports children, families and communities in Western Sydney as the region grows and experiences social and economic change. Western Sydney has ’s largest Aboriginal population and the population is young, mobile and has experiences real economic disadvantage. The centre was officially named Kimberwalli in December 2018, meaning ‘many stars’ in the language. The new name honours Aboriginal language and recognises the role of stars in Aboriginal storytelling and learning, navigating country and following lore to sustain culture and well-being. The name also recognises young Aboriginal people can be the stars of their own destiny. Like Opportunity Hubs, Kimberwalli is a unique initiative to support young people transition from school to adult education and into employment. Kimberwalli is currently in its establishment phase. It will offer young Aboriginal people:

• Access to top-class facilities and programs, training and information • A safe place to come together to share information and engage in discussion • A strong connection to culture through elders and mentoring programs. The development of Kimberwalli is guided by five core values:

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• Excellence and Innovation – We are future-focused, brokering new opportunities in excellence, innovation, entrepreneurship and Aboriginal cultural intelligence. • Partnership and Leadership – We seek collaboration and connection in new and innovative ways with community, business and government to support our young leaders to shine brightly. • Choice and Opportunity – We are engaging and exploring far-reaching initiatives to dream new futures with our young people now and for generations to come. • Identity and Culture – We are grounded in Aboriginal culture and its values guide all we do. We are nurturing young people’s identity and resilience through cultural strength. • Healing and Connection – We are building a place of pride which recognises our history, Elders and community. One of Kimberwalli’s guiding principles is working in genuine and meaningful partnership with Aboriginal community members and organisations. One of the key ways this principle was pursued is through the Project Advisory Committee (PAC) which was made up of eight young Aboriginal and/or Torres Strait Islander people with connections to Western Sydney. The PAC was established in 2017 to ensure the voices and aspirations of young Aboriginal people in Western Sydney are reflected in the design and development of Kimberwalli. The PAC continued to help guide Kimberwalli’s development until its term ended with the final meeting on 17 September 2019. The PAC’s achievements included:

• Creation of a clear vision and foundation principles • Renaming of the centre to Kimberwalli • Endorsement of the new logo and branding • Development of a customer relationship management system. The PAC has worked to promote Kimberwalli at every opportunity, and in turn has engendered pride in their community. Kimberwalli has been built by Aboriginal people for Aboriginal people, with a strong focus on partnering with Aboriginal owned businesses. Some 14 Aboriginal businesses played a role in developing the centre including during the design and construction phase. Kimberwalli, like Opportunity Hubs, will look to leverage existing training and employment programs. New Careers for Aboriginal People (NCAP) NCAP is a longstanding Training Services NSW (TSNSW) program supporting Aboriginal employment. It is delivered by eight providers over 13 regions of NSW. NCAP has strategies to assist Aboriginal people into education and training. It aims to increase the participation of Aboriginal people in the labour market through identifying, creating and supporting sustainable education, training and employment opportunities at a local level. Aboriginal Enterprise Development Officer (AEDO) program The AEDO program assists Aboriginal people to establish and develop businesses through:

• Business mentoring • Business planning • Referral services • Opportunities in business • Financial advice • Cultural support • Entrepreneurship The Way Ahead for Aboriginal People (TWAAP) TWAAP is a mentoring program that improves retention and completion of apprenticeships and traineeships. It provides mentoring services for Aboriginal apprentices and trainees who need additional support in the

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workplace. TWAAP also provides an opportunity for Aboriginal people to be employed on a casual basis as mentors to support Aboriginal apprentices and trainees.

Elsa Dixon Aboriginal Employment Grant (EDAEG) The EDAEG provides training and employment services across the NSW public sector. The EDAEG subsidises the salary, development and support costs of Aboriginal people in NSW public service agencies or local government agencies and delivers work experience opportunities specifically for Aboriginal students. The grant is made up of the following elements:

• Permanent employment • Temporary secondment • School Based Apprenticeships and Traineeships (SBATs). Changes to the EDAEG administrative arrangements in 2019 have streamlined and improved the application process. Previously EDAEG applications were only open for a 6 week period through an annual e-tender process. This limited the ability to apply as the application period often did not align with recruitment timelines. The e-tendering process was also administratively burdensome. EDAEG applications for funding can now be submitted at any time of the year through a new online platform. NSW Government Aboriginal Employment Strategy (AES) The Elsa Dixon program now operates within the scaffolding provided by the NSW Public Service Commission Aboriginal Employment Strategy - NSW Working together for a better future: the NSW Public Sector Aboriginal Employment Strategy (AES)3. The AES sets the direction and targets for improving the employment of Aboriginal peoples in the NSW public sector and supports achievement of the NSW Premier’s Priority to increase the number of Aboriginal people in senior leadership roles. The strategy also ensures that the NSW public service can benefit from greater diversity and inclusion by matching our workforce to the communities we serve. The new AES builds on the success of the former Strategy 2014–17, which was a four-year strategic plan focused on attracting and retaining Aboriginal staff as well as supporting career development and progression. The key goal of the Strategy was to increase the overall proportion of Aboriginal people represented in the NSW public sector workforce whilst also aiming for a target of 1.8% for all salary bands. The 2019-2025 AES sets out the key initiatives to be implemented by the NSW Public Service Commission over the period 2019 to 2025 in collaboration with departments and individual agencies. In 2018 the NSW Public Service Commission conducted a review of the implementation of the 2014-2017 AES. The review involved substantial consultation across the NSW public sector, with both Aboriginal and non- Aboriginal NSW government staff. The review identified that the strategy had successfully increased the proportion of the NSW public sector workforce that identified as Aboriginal from 2.6% to 3.3% by 2018. The review also identified the success factors of employment initiatives within the strategy:

• Advertising within Aboriginal communities to increase participation and engagement. • Recruitment processes designed to be culturally appropriate and flexible. • On-the-job paid work and completion of a formal qualification. • Ongoing employment at the end of the program, dependent on course completion and on-the-job performance. Consultation conducted as part of the review identified three barriers to retaining Aboriginal employees within the NSW Public Sector. 1. The level of cultural competency of non-Aboriginal peers within the workplace

3 The Aboriginal Employment Strategy can be found on the NSW Public Service Commission website: https://www.psc.nsw.gov.au/workplace-culture---diversity/diversity-and-inclusion/aboriginal-workforce-/aboriginal-employment-strategy

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2. Gaps in career development opportunities and pathways 3. The level of career development and progression support provided by supervisors and managers. To address these barriers and to build upon the success factors the 2019-2025 Strategy focusses on the following three key areas: 1. Building a pipeline of Aboriginal talent from entry level to senior roles 2. Improving the cultural capability of the NSW public sector 3. Knowing our Aboriginal workforce. In order to build the Aboriginal workforce the new Strategy promotes the NSW public sector as an employer of choice that offers a range of pathways for staff. The Strategy also outlines the importance of offering career development opportunities at all salary levels. The NSW Public Service Commission is also committed to improving the cultural capability of the NSW public sector to build more culturally inclusive and safe workplaces and to deliver culturally safe services for Aboriginal peoples. This work includes the development of a toolkit of cultural capability resources, comprising:

• An e-learning trauma informed cultural capability training package. • Professional development resources that integrate cultural capability considerations into pre- recruitment, recruitment, career planning and development, performance management and workforce planning. • A guide to assist potential Aboriginal applicants to understand and apply the NSW Capability Framework, providing examples that target applicants who are at different life stages such as (but not limited to) high school and university students, university graduates, and women returning to work. • Professional development for managing cultural safety in the workplace address, including racism and lateral violence. • Guidance for bulk recruitment and specialised Aboriginal recruitment services. The AES commits the NSW Public Service Commission to a formal knowledge development and management program. This new research focus is aimed at better knowing the Aboriginal workforce and using this information to plan and manage for greater Aboriginal employment. This is in recognition that to build a true Aboriginal talent pipeline, we must work with Aboriginal peoples to better understand:

• Why Aboriginal people choose to join or not join the NSW public sector. • What the barriers to Aboriginal recruitment are. • What factors affect their decision to stay with or leave the NSW public sector. • How departmental restructures impact Aboriginal staff retention. • The support that is needed to fulfil Aboriginal staff career goals. The NSW Public Service Commission is engaging with Aboriginal peoples to better understand their experiences and to co-design solutions and initiatives. The NSW Public Service Commission will work with the expertise within their existing sector wide Aboriginal Staff Networks, Aboriginal Workforce Development Community of Practice, and Aboriginal Employment Advisory Committee. The AES also commits the NSW Public Service Commission to establishing a new Champions of Change network to drive increased cultural capability and safety across the sector.

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2. Barriers and Possibilities There remain a wide range of significant obstacles to full economic participation including racism, socio- economic disadvantage and social factors such as housing and incarceration and recidivism. That on average Aboriginal people take on greater responsibility for unpaid work like caring for children, family, the elderly and the disabled can also be a barrier4, but may also point to opportunity. Premier’s Priorities The NSW Government remains committed to breaking the cycle of disadvantage and improving the quality of life for all people across NSW. This commitment to tackling the hard problems and making NSW the best State to live, work and play is reflected in the Premier’s Priorities. Each of the Premier’s Priorities has an ambitious target and they have been set with the purpose of delivering: • A strong economy • The highest quality education • Well-connected communities with quality local environments • A customer centred approach to everything we do • Breaking the cycle of disadvantage. The current Premier’s Priorities include six priorities each with measurable and specific targets, under the heading ‘breaking the cycle of disadvantage’. Four of the six priorities relate to the wellbeing and development of young people. Included among these is a priority that was developed with the Coalition of Peak Aboriginal Organisations (CAPO) that commits the NSW Government to increasing the proportion of Aboriginal students attaining year 12 by 50 per cent by 2023, while maintaining their cultural identity. As in other jurisdictions the growing overrepresentation of Aboriginal people in the justice system continues to be a major obstacle to mainstream economic participation. Time in prison presents particular challenges. Aboriginal people represent around 25% of the total NSW prison population, with higher numbers for Aboriginal women of around 34% and youth at about 54%. The impact of a criminal record greatly diminishes the chance of gaining employment and narrows the field of job possibilities, while time out of training and employment means that opportunities can be delayed or lost entirely. The importance of reducing recidivism is reflected in the Premier’s Priorities with a target of reducing adult reoffending by 5% by 2023. This target was chosen to respond to the growing number of offenders leaving prison and the existence of a small group of persistent offenders, many of whom have multiple and complex needs. Aboriginal Tourism Despite barriers Aboriginal people are pursuing and taking up work in a range of industries including human and family services, cultural tourism and infrastructure and construction. Led by Destination NSW, the NSW Government’s tourism and major events agency, the Aboriginal Tourism Action Plan 2017-2020 supports the development of Aboriginal tourism experiences and businesses in NSW with a focus on the promotion of culture based tourism business. The plan was developed in consultation with Aboriginal tour operators including the NSW Aboriginal Tourism Operators Council, which recently became incorporated. The first NSW Aboriginal Tourism Action Plan was launched in 2013, and since that time the number of export-ready Aboriginal tourism experiences in the State has grown by over 400 per cent (from five products in 2013 to 22 products in 2019) and there are now more than 30 new products ready for the domestic market in regional NSW.

4 Factors Associated with Aboriginal and Torres Strait Islander People Being out of the Labour Force, National Aboriginal and Torres Strait Islander Social Survey, 2014–15 (cat. no. 4714.0). https://www.abs.gov.au/AUSSTATS/[email protected]/mf/4714.0

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Complementing this work is Action 18 of the Visitor Economy Industry Action Plan 2030, which reinforces the Government’s commitment to growing Aboriginal tourism. It includes the establishment of an interagency group to work with the Aboriginal tourism sector in the areas of training and mentoring, access to funding programs, business and product development and land management. An interagency working group has been operating since November 2018 to provide an introduction to the NSW Aboriginal Tourism Operators Council and discuss future collaboration. The NSW Government also invests in tourism infrastructure through the Regional Growth – Environment and Tourism Fund. In recent years the Fund has supported a number of infrastructure projects that support Aboriginal cultural tourism in NSW. For example the Korora Lookout and Gumgali Track in Coffs Harbour, which is now used by Bularri Muurlay Nyanggan Aboriginal Corporation with all profits supporting Language Revitalisation Programs. Visitors can enjoy great coffee and food at the Nyanggan Gapi Cafe while enjoying the stunning views from the Lookout. The not-for-profit cafe and guided tours are operated by the Aboriginal Corporation with support from the Forestry Corporation of NSW. Infrastructure Skills Legacy Program (ISLP) Established in 2016 to capitalise on the NSW Government investment in government infrastructure, the Infrastructure Skills Legacy Program (ISLP) sets skill development and diversity targets for government infrastructure projects over $100 million. The ISLP started with two demonstration projects, the Sydney Metro and the Lismore Base Hospital Redevelopment. Following the success of these projects the ISLP is now involved in an additional 12 projects including major projects like the WestConnex New M4, Clarence Correctional Centre, the Princes Highway upgrades (Berry to Bomaderry, Albion Park Rail Bypass and the Batemans Bay Bridge) and the Wagga Wagga Hospital Redevelopment. The ISLP introduced strategies for local people to be trained and employed on the project. The ISLP also introduces a number of targets including:

• 20% of the total labour force of a project to be made up of learning workers5 • 20% of all trades positions on a project to be apprentices • Double the number of women in trade related work and 8% of the total project workforce aged less than 25 years. In addition, the ISLP requires that 1.5% of the total contract value of a project goes towards supporting Aboriginal participation, as required by the NSW Aboriginal Participation in Construction Policy (APIC). Outcomes from the ISLP include almost one thousand Aboriginal people in ISLP project jobs representing an average of 7% of the workforce across ISLP projects. Aboriginal people are also represented in all the target groups, including apprenticeships, learning workers, women in non-traditional trades, youth and local employment categories. The ISLP projects worked with local community to achieve positive outcomes for Aboriginal participation. Pre- employment programs were designed and funded in partnership with Commonwealth agencies to maximise the outcomes for Aboriginal people. For example, the Department of Prime Minister and Cabinet Indigenous Affairs funded a residential course on the WestConnex project for Aboriginal people and the related skill development training was funded under NSW Smart and Skilled. Co-design of pre-employment programs with industry has been found by the ISLP to be critical to this success. Outcomes for the pre-employment programs were very high with some projects achieving 85% transition to employment and further training. There are many other ways that ISLP partners have worked together to achieve targets.. The Regional Rail project in Dubbo has a working group that focusses on ensuring local Aboriginal people benefit from the investment. Models for success have been shared with other government infrastructure projects. Importantly,

5 ‘Learning workers’ are trainees and workers who need to update their qualifications to meet the needs of the infrastructure project

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there is an acknowledgement that each project is different and requires a slightly different approach to meet the needs of the individuals and the construction project. Social Impact Investment (SII) The 2018-19 Budget delivered $10 million for an Aboriginal social impact investment project. The project is a collaboration between government and non-government sectors that tests new ways of addressing social challenges by measuring and paying on outcomes. The impact investment approach builds an evidence base that can be applied to future policy and programs. The Aboriginal economic development SII was an opportunity to fund an innovative service aimed at providing place-based support with a focus on addressing barriers to employment and business opportunity. In 2018, The Office of Social Impact Investment (OSII) went out to tender to seek innovative partnerships that would improve social and economic outcomes for their communities. OSII spent most of 2019 working with a short list of proponents co-developing ideas and proposals, and made a recommendation for a particular project to proceed to implementation. The successful consortium, Momentum, was announced by the Treasurer, the Minister for Aboriginal Affairs and the Minister for Skills and Tertiary Education in December 2019. Outcome based budgeting In 2018, the NSW Government introduced outcome based budgeting as a part of a strategic move away from focusing only on inputs. NSW Treasury annual budget papers not only contain information about what the NSW Government plans to spend in a particular area of the budget, but also describe the outcomes that public sector agencies are working towards. NSW public servants are now required to work towards embedding those outcomes into agency business planning and strategic thinking, and how success can be measured. In NSW, the state outcome “Empowering Aboriginal communities” has nested within it the outcomes and indicators to drive sustainable economic prosperity of Aboriginal peoples. At the time of writing, the metrics for the outcome indicators are being finalised and will be published in the 2020 Budget Paper. Related to this the Centre for Evidence and Evaluation in NSW Treasury has developed a draft Aboriginal Economic Prosperity Outcomes Framework. The Framework is made up of four key elements: Outcome Domains, Outcomes, Indicators and Measures. The outcomes and evidence presented in the framework are being developed to have relevance to Aboriginal stakeholders and to all government and non-government service providers working with Aboriginal people across NSW. Following the development of the draft AEPOF, NSW Treasury is in the process of testing the draft framework using existing programs, including the development of evaluation strategies and activities. The Framework will inform policy and programs, including through the OCHRE refresh process.

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3. Entrepreneurial Opportunities Although there are many successful Aboriginal owned and run businesses in NSW, the NSW Government is not in a position to comment on the experience of these businesses. Since July 2018, the NSW Government’s Aboriginal procurement policies have supported over 1,300 employment opportunities for Aboriginal people and this is 43% of the NSW Government’s target to support 3,000 full time equivalent employment opportunities by the end of 2021. This section outlines the support the NSW Government provides to the Aboriginal business sector. Business Connect Business Connect is a small business advisory service. Providers support start-ups and small/medium enterprises through advice and information, business skills workshops, promoting digital readiness and supporting regional business development. For example, Business Connect has assisted Amanya Mitha Indigenous Arts in Broken Hill to take the part time back yard operation to a full-time operation with a gallery and workshop space. With a mix of cultural camps and art classes run for local youth, Amanya Mitha wanted to expand to offer art classes for tourists and locals and have professional space to conduct classes and exhibit the art work. Since March 2019, Business Connect has contracted an Aboriginal specialist provider, the NSW Indigenous Chamber of Commerce (NSW ICC), to provide business advisory and support services to Aboriginal and Torres Strait Islander people looking to start or grow their business. The NSW ICC is contracted to provide this service until June 2020. The NSW ICC facilitate a series of programs and events including:

• Procurement readiness for small to medium businesses • Business Accelerator Program • Facilitation & Consultancy Unit • Business Hubs • Digital Services Like most other jurisdictions the NSW Government also encourages Aboriginal businesses to take advantage of the opportunity to provide their goods and services to the public service through procurement policies. Unlike other jurisdictions, the NSW Government has two Aboriginal procurement policies. The NSW Government Aboriginal Procurement Policy (APP) The APP came into effect on 1 July 2018 and aims to create opportunities for Aboriginal owned businesses and encourage Aboriginal employment by leveraging the supply chain of NSW Government contracts. In the 2018- 19 financial year, the NSW Government spent $63.2 million with Aboriginal-owned businesses. Key objectives for this policy are to support:

• Employment opportunities for Aboriginal people within Aboriginal owned businesses • Employment opportunities for Aboriginal people within non-Aboriginal owned businesses • Sustainable growth of Aboriginal owned businesses by driving demand via government procurement of goods and services. The APP sets whole-of-government targets for Aboriginal participation in NSW Government procurement in two areas:

• Aboriginal owned businesses to be awarded at least 3% of contracts for goods and services issued by NSW Government agencies by 2021 • Together with the Aboriginal Participation in Construction (APIC) Policy, supporting an estimated 3,000 full-time equivalent (FTE) employment opportunities for Aboriginal people through NSW Government procurement activities by 2021.

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The APP applies to the procurement of goods and services, excluding construction, by all NSW Government agencies. It allows agencies to negotiate directly with Aboriginal-owned businesses for procurements up to $250,000. Agencies are also required to consider opportunities for Aboriginal participation in all major goods and services procurement activities over $10 million. Agencies are required to publish an annual Aboriginal Participation Strategy describing how the agency will meet its targets under the APP. These are available on the websites of NSW Government clusters. The NSW Procurement Aboriginal Participation in Construction (APIC) This policy applies to NSW Government construction projects and was introduced in May 2015, replacing the 2007 APIC Guidelines. A revised APIC policy with mandatory participation requirements, came into effect on 1 July 2018. The APIC policy requires head contractors for contracts over $1 million to dedicate a minimum of 1.5% of project spend to Aboriginal participation. Aboriginal participation includes employment of Aboriginal people, engagement of Aboriginal owned businesses, education and training, and engagement or consultation with Aboriginal organisations or businesses. The policy also allows agencies to negotiate directly with Aboriginal- owned businesses for construction goods and services up to $250,000, and run a closed tender with prequalified Aboriginal-owned businesses for procurements up to $1 million. In 2018-19 the APIC Policy saw an additional $132 million directed to Aboriginal-owned businesses, employment of Aboriginal people and Aboriginal education, training and consultation activities through the government’s construction projects. Review of the APP and APIC policy In February 2019, NSW Treasury commenced the annual review of both policies on behalf of the NSW Procurement Board. The review involved extensive consultation with over 500 stakeholders. The review report makes 37 recommendations to improve the policies and their implementation. The report was approved by the NSW Procurement Board in November 2019 and has been published on the NSW Government’s Procure Point site. NSW Treasury is working with NSW Government agencies and industry stakeholders to implement the changes recommended by the review, with a revised policy due to be released in March 2020 and come into effect from 1 July 2020. Key recommendations from the annual review include:

• Merge the APP and APIC policy into a single policy which will be released in March 2020 and come into effect from 1 July 2020 • Retain the target to support 3000 FTE employment opportunities for Aboriginal people by the end of 2021 • Set cluster targets for 3% of goods and services contracts to be awarded to Aboriginal owned businesses • Introduce a new target for clusters to direct 1% of addressable procurement spend to Aboriginal owned businesses • Require 1.5% Aboriginal participation (employment, engagement of Aboriginal-owned businesses, or capability building) on all government contracts over $7.5 million • Retain purchasing permission that allow agencies to buy directly from Aboriginal-owned businesses • Publish information on NSW Government progress toward targets to increase transparency and accountability, and encourage compliance • Work with the Commonwealth Government to leverage its reporting portal to increase data accuracy and simplify reporting for suppliers with contracts across both jurisdictions • Provide a range of tools and support for NSW Government agencies and Aboriginal-owned businesses to improve policy implementation and achieve the policy targets and outcomes.

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Land Rights The land assets owned by Aboriginal Land Councils provide a significant means to leverage economic enterprise and related employment opportunities in NSW. In 2020 the NSW Minister for Aboriginal Affairs will develop terms of reference for the next statutory review of the Aboriginal Land Rights Act 1983 (ALRA). The review will include a focus to give greater empowerment to Local Aboriginal Land Councils to achieve greater economic outcomes. A separate review of Aboriginal Land Agreements is underway, which facilitate the settlement of multiple land claims simultaneously. Land and Sea Management Despite a large reserve system, and a large Aboriginal population, NSW has not benefitted to the same extent as other jurisdictions from Commonwealth land and sea management programs, including Indigenous Protected Areas (IPA) and Working on Country (WoC). In the wake of the 2019-20 bushfires, there is an opportunity to look again at Commonwealth and State programs for Aboriginal people in land and sea management in NSW, an important area of comparative advantage for First Nations people. Australia has 75 Indigenous Protected Areas (IPAs) that make up 44 per cent of Australia’s National Reserve System. More than 800 Aboriginal people are employed under the IPA program. However, of this number NSW has only 6 IPAs, with a seventh Dorodong IPA, under consideration. A commensurate number of ranger groups offering employment to Aboriginal people exists in NSW. NSW Indigenous Protected Areas

• Wattleridge IPA • Boorabee and the Willows IPA • Gumma IPA • Toogimbie IPA • Ngunya Jargoon IPA • Minyumai IPA NSW Ranger Groups supported by the Commonwealth Working on Country program

• Barkindji Rangers • Gamay Botany Bay Rangers • Githabul Rangers • Willandra Lakes World Heritage Area Rangers • Worimi Green Team • Jahnala Yenbalehla Rangers In NSW the relatively small number of ranger groups and IPAs are supported by Aboriginal Land Councils, Traditional Owner groups and the NSW National Parks service. Traditional Owner groups in NSW who are claimants under the Commonwealth Native Title Act 1993 have the potential to negotiate land and sea country management arrangements with the NSW Government and many have. These terms can include employment by NSW Government land management agencies. The benefits of Aboriginal participation in land management are manifold. Garnett and Sithole found that Aboriginal people engaged in land and sea management have a healthier lifestyle in terms of diet and physical activity. Meanwhile risk factors for developing diabetes and cardiovascular disease showed significant inverse associations with land management participation6. An earlier study by Sithole found that identity, self-esteem and optimism were identified by Aboriginal people as among the greatest benefits of involvement in land and sea management ranger programs. The study also reported ecological benefits from Aboriginal people living

6 Garnett, S. T., B. Sithole, et al. (2009). "Healthy Country, Healthy People: Policy Implications of Links between Indigenous Human Health and Environmental Condition in Tropical Australia." The Australian Journal of Public Administration 68(1): 13.

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and working on their country, as well as opportunities for Aboriginal employment and enterprise development7. Other evaluators have examined and quantified the economic outcomes of the Working on Country Indigenous ranger program. Among a range of economic benefits, particularly for Aboriginal people, a study by Allen Consulting Group found that the true cost of the program was significantly lower (23%) than the budget cost due to reduced welfare costs and increased tax revenue8. Meanwhile a review of literature by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) for the Commonwealth Caring for our Country program concluded that the Working on Country (WoC) and IPA programs have produced results in the areas of biodiversity conservation, invasive species management, and cultural heritage protection over 10-20 years9.

7 Sithole, B. and H. Hunter-Xenie (2007) “Aboriginal Land and Sea Management in the Top End: A community driven evaluation”. Darwin, Australia, CSIRO. 8 The Allen Consulting Group. (2011) “Assessment of the economic and employment outcomes of the Working on Country program”, October 2011. 9 Weir, J. K., C. Stacey, et al. (2011). The Benefits Associated with Caring for Country. Canberra, Australia, Australian Institute of Aboriginal and Torres Strait Islander Studies: 26.

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4. Opportunities for working collaboratively with the Commonwealth There are a range of areas that could benefit from enhanced NSW and Commonwealth collaboration, and three of these have been selected and highlighted below. Local Decision Making Local Decision Making (LDM) aims to shift the relationship between Aboriginal communities and government to one of shared responsibility for service delivery. LDM models its approach on national and international case studies. These case studies demonstrate the utility of self-determination policies for the long term socio economic wellbeing of First Nation communities. LDM recognises that when Aboriginal people and communities are able to make their own decisions, they consistently out-perform external decision-makers such as government agencies. Through LDM, the NSW Government and regional Aboriginal governance bodies (called Aboriginal Regional Alliances) enter into agreements (Accords) committing parties to jointly address agreed priorities, timeframes, responsibilities and measures of success. There are at present nine Aboriginal Regional Alliances across NSW. Regional Alliances negotiate on behalf of local Aboriginal communities for the better design and delivery of services to their communities. The majority of Regional Alliances have expressed a desire to make education training and employment key service delivery priorities. Opportunity Hubs are OCHRE’s response to Aboriginal community determination to support young people to navigate the pathways from school to further education, training and employment, and have been found to be working well in this regard. They are strongly supported by stakeholders where they have been developed. NSW is aware that the Commonwealth has a range of employment programs that could be offered to Opportunity Hub participants, particularly in Western Sydney. There is an opportunity for the NSW and Commonwealth Governments to work together to consider how Opportunity Hubs could better support Regional Alliances and LDM. The NSW Government would be pleased to facilitate conversations between the Commonwealth and Regional Alliances to consider how these programs could underpin these keystone OCHRE programs. Drought and Bushfire Resilience NSW is currently in the grip of drought and is now also experiencing severe flood and catastrophic fire conditions. Fire fighters, charities and land managers continue to do their best following the longest fire season in the State’s history. Extreme conditions like these are forecast to occur with increasing frequency and severity, and to place increasing stress on communities and infrastructure across southern Australia. Although these climate and weather conditions, when they occur, present significant threats to land, water, people and places, communities in NSW are responding well to adversity. With support they will develop a greater capacity to adapt and recover in ways that will make communities and landscapes more resilient. The early signs are promising as State and Commonwealth governments begin the difficult task of resourcing and coordinating the recovery work. Within this context, it will be vital for Aboriginal and non-Aboriginal communities alike to be able to work with Government to develop the skills and capacity needed to launch effective drought and disaster response and recovery operations in future. There will be significant business and employment opportunities as the recovery and clean-up operation rolls out across regional NSW. Capacity in rescue and recovery operations, hazardous material and hazardous site management are currently in high demand. Waste disposal, water treatment, wildlife rescue and habitat restoration are other services currently experiencing rapid growth in affected parts of NSW. Furthermore, rebuilding will need to be carried out in ways that leave behind stronger and more resilient residential, commercial and community assets. NSW is ready to consider, alongside the Commonwealth, how to support a structured, adaptive response with vulnerable Aboriginal communities, for example the heavily bushfire affected community between Nowra and Eden on the NSW South Coast.

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Aboriginal land and natural resource management NSW is endowed with significant natural and cultural resources that attract people from around Australia and the world. and have looked after and cared for the NSW landscape, its mountains, rivers and coastline for millennia, and continue many cultural and economic practices associate with caring for country and waters. Although NSW has had provisions for joint management of its national parks and other Crown lands since the Regional Forest Agreements were first made some twenty years ago, it has been a challenge to realise the potential benefits and opportunities for Aboriginal people arising from these agreements, with some notable exceptions. Where partnerships exist they are often still operating at the planning stage and have not resulted in the kind of employment and enterprise opportunities seen in other jurisdictions. The reasons for this are complex and varied, and include resourcing, governance, cultural capability and capacity of Aboriginal community organisations. These are issues influenced at all levels of government, and there is an opportunity for the NSW Government and the Commonwealth to consider how to better support communities to leverage outcomes from the aspirations they have for managing traditional lands and waters. Conclusion

Aboriginal people are central to NSW’s identity and economy, and the NSW Government is committed to supporting Aboriginal people’s aspirations for their lands and communities. Although the current focus remains on education, training, employment and business there are clear opportunities for the development of service delivery, land management and disaster response recovery partnerships.

This submission has described the NSW Government initiatives and sets out areas for collaboration with the Commonwealth. The NSW Government would be pleased to provide further information.

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